action options/recommendation: departments: administration

ORANGE BEACH CITY COUNCILCITY HALL COUNCIL CHAMBERS

COMMITTEE OF THE WHOLE MEETING5:00 PM

JUNE 15, 2021COUNCIL CHAMBERS

COMMITTEE OF THE WHOLE MEETING AGENDA

I. ROLL CALL

II. CONSIDERATION OF PREVIOUS MINUTES

1. Work Session 06/08/2021

2. Regular Council Meeting 06/08/2021

3. Committee of the Whole 06/08/2021

III. PUBLIC COMMENTS/AGENDA ITEMS

IV. Unfinished Business

Miscellaneous

Resolutions

Ordinances

V. New Business

Miscellaneous

1. Discuss residential street speed limits. (TK)

2. Discuss recreation membership rates. (JL)

Resolutions

1. Resolution authorizing the execution of a software license agreement with StationAutomation Inc., doing business as PSTrax, for Narcotics Tracking Software for theFire Department. (MK)

2. Resolution reappointing members to the Gulf Shores and Orange Beach TourismBoard of Directors. (RE)

Ordinances

1. Set a public hearing date for an ordinance amending Ordinance No. 172, the Zoning

Ordinance, Case No. 0604-PUD-21, Mississippi Avenue PUD. (Suggested date7/6/2021) (KA)

VI. Public Comments/Community Discussion

VII. Adjourn

For current information regarding times and date of meetings of the council and committee of thewhole, call 980-info (980-4636) for a recorded message or visit our web site

at www.orangebeachal.gov

http://www.orangebeachal.gov/

ITEM II.1.

COMMITTEE OF THE WHOLE MEETINGJUNE 15, 2021

Departments: Administration

Description of Topic:Work Session 06/08/2021

Action Options/Recommendation:

Source of Funding (if applicable) :

ATTACHMENTS:DescriptionWork Session 06/08/2021

MINUTES OF ORANGE BEACH CITY COUNCIL

WORK SESSION JUNE 8, 2021 – 10:00 A.M.

COASTAL ARTS CENTER The Orange Beach City Council met on June 8, 2021, at 10:05 A.M. with Mayor Tony Kennon presiding.

The following members were present:

Councilmember Jeff Silvers Councilmember Jerry Johnson

Councilmember Annette Mitchell Councilmember Joni Blalock Councilmember Jeff Boyd Mayor Tony Kennon

The following members were absent:

None

The following items were discussed:

1. Police Department staffing and salaries.

2. Ticketing of illegal snapper carcass disposals.

3. Height of developments.

4. Litigation.

5. School update with Robert Stuart, Baldwin County Public School District 5 Representative, and Dr. Robbie Smith, Orange Beach High School Principal.

a. Elementary School addition.

b. Orange Beach Elementary School principal position vacancy.

c. Drug testing.

d. Funding request.

6. Financial update.

7. FEMA claim update.

8. Hailstorm insurance claim update.

9. Construction project updates.

a. Hailstorm roof repair/replacements.

b. Waterfront Park Pier repair.

c. Orange Beach High School turn lane.

d. Softball turf upgrades.

10. Municipal court staffing.

11. Golf cart ordinance.

12. Residential street speed limits.

Work Session June 8, 2021 Page 2

13. Residential fencing.

14. Business license moratorium for businesses operating out of public boat launches.

15. Perdido Key Beach Mouse ordinance.

Councilmember Boyd stepped out at 1:55 P.M.

16. Maintenance of Orange Beach Cemetery.

17. Planning Jurisdiction.

18. Soil kit presentation by Christina Woerner McInnis.

Councilmember Boyd returned at 2:44 P.M.

There being no further business, the meeting adjourned.

Time: 3:00 P.M.

APPROVED this 6th day of July, 2021. __________________________________

Renee Eberly City Clerk

ITEM II.2.



Description of Topic:Regular Council Meeting 06/08/2021



ATTACHMENTS:DescriptionRegular Council Meeting 06/08/2021

MINUTES OF REGULAR COUNCIL MEETING

ORANGE BEACH CITY COUNCIL JUNE 8, 2021 – 5:00 P.M.

CITY HALL – COUNCIL CHAMBERS I. CALL TO ORDER Mayor Tony Kennon called the meeting to order at 4:59 P.M.

II. INVOCATION Councilmember Joni Blalock

III. PLEDGE OF ALLEGIANCE

IV. ROLL CALL

Present: Councilmember Jeff Silvers Councilmember Jerry Johnson Councilmember Annette Mitchell Councilmember Joni Blalock Councilmember Jeff Boyd Mayor Tony Kennon

Absent: None

V. CONSIDERATION OF AGENDA

Motion made (Silvers/Boyd) to approve the agenda with the following additions:

1. Resolution authorizing execution of a professional services agreement with Marquise Elston for speed, strength, and agility training for the Expect Excellence program.

2. Resolution authorizing transactions relating to the CoastAL Beach Development.

Vote unanimous in favor.

VI. CONSIDERATION OF PREVIOUS MINUTES

Work Session 05/04/2021 Regular Council Meeting 05/04/2021 Committee of the Whole 05/04/2021

The reading was waived and minutes were approved as written.

VII. REPORTS OF OFFICERS/COMMITTEES

A. City Administrator – Ken Grimes No report.

B. Director, Public Works – Tim Tucker No report.

C. Director, Community Development – Kit Alexander No report.

D. Chief, Police Department – Steve Brown No report.

E. Chief, Fire Department – Mike Kimmerling No report.

F. City Clerk – Renee Eberly No report.

G. Director, Finance – Ford Handley No report.

H. Parks & Recreation No report.

I. Director, Utilities – Jeff Hartley No report.

J. Director, Coastal Resources – Phillip West No report.

K. Librarian, Public Library – Meagan Bing No report.

City Council Meeting June 8, 2021 Page 2

L. Director, Municipal Court – Renee Gardner No report.

M. Director, Expect Excellence – Jonathan Langston No report.

N. Mayor/Council

Councilmember Blalock recognized Baldwin County Deputy Bill Smith who drowned during a rescue of swimmers in distress and two Perdido Beach Resort employees who were killed by drunk drivers in Escambia County on their way home from work. Mayor Kennon issued a warning that the city will be cracking down on reckless and drunk driving. City Administrator Ken Grimes gave a reminder on the dangers of rip current.s

Councilmember Boyd issued a reminder to dispose of snapper carcasses in dumpsters, not in the water. He also reminded students and employees to serve as ambassadors of the city and treat tourists who have chosen to vacation in Orange Beach kindly.

Mickey Franco, Owner of Island Fiber, gave an update on the progress of fiber installation in residential neighborhoods. Island Fiber has reached their goal of 600 customers as of yesterday and installation to residential homes throughout the city is now 55-60% complete with all major neighborhoods done. Construction is moving to Terry Cove as state permits are finalized. Councilmember Johnson praised the professional conduct of the installation team.

VIII. AUDITING OF ACCOUNTS

Motion made (Mitchell/Blalock) to certify that cash requirements with no related interests are within budget and appropriate for payment. Vote revealed: Silvers, aye; Johnson, aye; Mitchell, aye; Blalock, aye; Boyd, aye; Kennon, aye. Passed. (6-0).

Motion made (Mitchell/Boyd) to certify that cash requirements with related interests in Swift Supply are within budget and appropriate for payment. Vote revealed: Silvers, abstain; Johnson, aye; Mitchell, aye; Blalock, aye; Boyd, aye; Kennon, aye. Passed. (5-0-1).

IX. PRESENTATIONS

X. RECOGNITIONS

1. Recognition of State Champion Lady Makos Softball Team. Head Coach Shane Alexander and Coaches Jody Hodo, David McClain, and Rebekah Mathis were present with the Lady Makos Softball Team, who won the 2021 AHSAA 2A State Softball Championship. Mayor and Council recognized the girls and their coaches as the first first-year program to win a state championship in Alabama.

XI. UNFINISHED BUSINESS

Ordinances

1. Second Reading – Ordinance amending Ordinance No. 172, the Zoning Ordinance, Case No. 0405-ZT-21, Section 4.05, Land Use Buffering and Screening. Motion made (Blalock/Johnson) to adopt the ordinance. Roll call vote revealed: Silvers, nay; Johnson, aye; Mitchell, aye; Blalock, aye; Boyd, nay; Kennon, aye. Passed. (4-2).

2. Second Reading – Ordinance amending Ordinance No. 172, the Zoning Ordinance, Case No. 0403-PUD-21, Caribe Seaside PUD. Motion made (Silvers/Boyd) to adopt the ordinance. Roll call vote revealed: Silvers, aye; Johnson, aye; Mitchell, aye; Blalock, aye; Boyd, aye; Kennon, aye. Passed. (6-0).

3. Second Reading – Ordinance amending Ordinance No. 172, the Zoning Ordinance, Case No. 0503-PUDA-21, Sunset Park PUD Modification. Motion made (Mitchell/Johnson) to adopt the ordinance. Discussion followed. Councilmember Blalock stated that she could not


in good conscience let heritage trees be destroyed. Kit Alexander, Community Development Director, stated that staff has asked the applicant to consider swapping the common area with the lots containing heritage trees. The applicant will have to resubmit the application with the revised plan should they agree. Ms. Alexander stated that city staff will address lot layout of PUDs with applicants in the future. Roll call vote revealed: Silvers, nay; Johnson, nay; Mitchell, aye; Blalock, nay; Boyd, nay; Kennon, nay. Failed. (5-1).

XII. NEW BUSINESS

Resolutions

1. Resolution extending the moratorium on the issuance of business licenses for charters and delivery of rental watercrafts in public access areas. Discussion followed. Councilmember Boyd explained that the duck boat business at state-owned boat launches has opened up the flood gates to customers taking up parking spots meant for boat trailers. Motion made (Silvers/Johnson) to adopt the resolution. Vote unanimous in favor.

2. Resolution to reject all bids for the Orange Beach High School Turnout. Motion made (Mitchell/Silvers) to adopt the resolution. Vote unanimous in favor.

3. Resolution awarding the bid for a new Boat Lift for Marine Police to Advanced Restoration Technologies Inc, dba Docks and Decks, in an amount not to exceed $25,818. Motion made (Johnson/Blalock) to adopt the resolution. Vote unanimous in favor.

4. Resolution authorizing the execution of a task order with McCollough Architecture, Inc., to provide professional services for the renovation of the Recreation Center in an amount not to exceed $25,400. Motion made (Silvers/Blalock) to adopt the resolution. Vote unanimous in favor.

5. Resolution authorizing execution of a task order with Sawgrass Consulting, LLC, to provide civil design, land surveying, construction engineering and inspection for Fire Station No. 5 in an amount not to exceed $71,500. Motion made (Silvers/Johnson) to adopt the resolution. Discussion followed. Mayor and Council would like to review an alternative option proposed by the Wharf. Motion made (Silvers/Blalock) to postpone consideration. Vote unanimous in favor.

6. Resolution authorizing execution of a task order with Sawgrass Consulting, LLC, to provide land surveying, preliminary civil engineering, conceptual site planning, and geotechnical soil reporting for Orange Beach High School Athletic Facilities in an amount not to exceed $58,500. Motion made (Boyd/Silvers) to adopt the resolution. Vote unanimous in favor.

7. Resolution authorizing the execution of Change Order No. 1 with Roads, Inc. of NWF to add Juniper Street to 2021 Roadway Resurfacing in an amount not to exceed $7,200. Motion made (Mitchell/Silvers) to adopt the resolution. Vote unanimous in favor.

8. Resolution authorizing execution of Change Order No. 5 with E-J Builders, Inc., for additional electrical work for the Baseball and Softball Field Renovations in an amount not to exceed $41,910. Motion made (Johnson/Boyd) to adopt the resolution. Vote unanimous in favor.

9. Resolution authorizing execution of Change Order No. 1 with John G. Walton Construction Company, Inc., to mitigate groundwater conditions related to construction of a deceleration lane on SR-180 (Canal Road) at Cypress Village in an amount not to exceed $7,362.30. Motion made (Silvers/Johnson) to adopt the resolution. Vote unanimous in favor. Mayor Kennon recognized the passing of John Ramsay, president of Crowder Gulf.

10. Resolution appropriating funds to support the Orange Beach High School to fund two teaching units in an amount not to exceed $197,621.20. Motion made (Silvers/Mitchell) to


adopt the resolution. Vote unanimous in favor.

11. Resolution appropriating funds to support the Orange Beach Elementary School to fund one teaching unit in an amount not to exceed $80,000. Motion made (Mitchell/Boyd) to adopt the resolution. Vote unanimous in favor.

12. Resolution appropriating funds to the Baldwin County Board of Education for teacher and coach salaries in an amount not to exceed $60,000. Motion made (Silvers/Johnson) to adopt the resolution. Vote unanimous in favor.

13. Resolution amending Resolution No. 21-040 to authorize the purchase of Two Vehicles for the Police Department from State Bid in the amount of $75,129.40. Motion made (Blalock/Mitchell) to adopt the resolution. Brief discussion followed. Vote unanimous in favor.

14. Resolution authorizing the sole source purchase of a Control Panel located at the Ono Island Lift Station from Jim House & Associates, Inc., for the Utilities Department in the amount of $27,591. Motion made (Silvers/Blalock) to adopt the resolution. Vote unanimous in favor.

15. Resolution authorizing the purchase of Soccer/Football Scoreboards for the Parks and Recreation Department through Sourcewell in the amount of $30,073.40. Motion made (Johnson/Mitchell) to adopt the resolution. Brief discussion followed. Vote unanimous in favor.

16. ADDITION: Resolution authorizing execution of a professional services agreement with Marquise Elston for speed, strength, and agility training for the Expect Excellence program. Motion made (Blalock/Boyd) to adopt the resolution. Vote unanimous in favor.

17. Resolution authorizing the sole source purchase of a Control Panel located at the Ono Island Lift Station from Jim House & Associates, Inc., for the Utilities Department in the amount of $27,591. Motion made (Johnson/Silvers) to adopt the resolution. Vote unanimous in favor.

Ordinances

1. First Reading – Ordinance further amending Chapter 22, Section 22-4 of the Code of Ordinances for the City of Orange Beach, Alabama, to change the official polling site for municipal elections. Motion made (Johnson/Silvers) for unanimous consent to suspend the rules to allow for immediate consideration of this ordinance. Roll call vote revealed: Silvers, aye; Johnson, aye; Mitchell, aye; Blalock, aye; Boyd, aye; Kennon, aye. Passed. (6-0). Motion made (Silvers/Johnson) to adopt the ordinance. Council clarified that the change in polling site from the Orange Beach Community Center to the Orange Beach Event Center will not take effect until 2024. Roll call vote revealed: Silvers, aye; Johnson, aye; Mitchell, aye; Blalock, aye; Boyd, aye; Kennon, aye. Passed. (6-0).

XIII. PUBLIC COMMENTS

None

XIV. ADJOURN

There being no further business to come before the council, motion made (Mitchell/Silvers) to adjourn. Vote unanimous in favor.

Time: 5:41 P.M.

APPROVED this the 6th day of July, 2021. _______________________________


ITEM II.3.



Description of Topic:Committee of the Whole 06/08/2021



ATTACHMENTS:DescriptionCommittee of the Whole 06/08/2021

MINUTES OF COMMITTEE OF THE WHOLE MEETING

ORANGE BEACH CITY COUNCIL JUNE 8, 2021 – 5:42 P.M.

CITY HALL – COUNCIL CHAMBERS The Orange Beach City Council met to review potential items for the June 15, 2021, agenda.

The following members were present:

Councilmember Jeff Silvers Councilmember Jerry Johnson Councilmember Annette Mitchell Councilmember Joni Blalock Councilmember Jeff Boyd Mayor Tony Kennon

The following members were absent:

None

The following items were discussed:

1. Set a public hearing for the vacation of a right-of-way located east of Andrews Lane. Public hearing set for August 3, 2021.

2. Resolution authorizing the execution of a deed of city property to Baldwin County for Russian Road right-of-way.

3. Resolution amending the Employees Pay Plan/Job Listing to add the position of Building and Fire Plans Examiner.

4. Resolution authorizing a franchise renewal for Gulf Logistics, LLC, dba Gulf Limousine, to operate a taxi and limousine service within the city limits and police jurisdiction of the City of Orange Beach.

5. Resolution authorizing the execution of a professional services agreement with Watermark Design Group, LLC, for architectural services.

6. Resolution authorizing execution of a task order with Watermark Design Group, LLC, to provide design, bid, and construction administration services for roof repair and replacement for city facilities following the April 10, 2021, hailstorm in an amount not to exceed $55,434.

7. Resolution authorizing the execution of a task order with Thompson Engineering, Inc., to perform design, bid and construction administration services for repair/replacement of Waterfront Park Pier following Hurricane Sally in an amount not to exceed $44,800.

8. Reminder: Public hearing and first reading for an ordinance amending Ordinance No. 172, the Zoning Ordinance, Case No. 0601-PUD-21, Port Washington PUD on June 15, 2021.

Public Comments:

1. Bill Jeffries, resident, encouraged the audience to support the Fire and Rescue Ladies Auxiliary who will be having upcoming baked goods fundraisers. Mr. Jeffries also welcome Jeb Smith as a new boardmember of the Friends of the Arts, representing performing arts.

2. Councilmember Boyd shared a story about brothers Johnny and Vince Fisher who rescued a critically endangered Kemp’s ridley sea turtle that was entangled in a fishing pole.

Committee of the Whole Meeting June 8, 2021 Page 2

3. Tracy Holiday, resident, praised the city employees and police officers for keeping the city so clean and being personable to visitors. She stated that she has been proud to receive multiple compliments about the city from summer visitors.

Executive Session:

1. Executive session to discuss current litigation. Motion made (Boyd/Blalock) to enter executive session to discuss current litigation. The City Attorney advised the Council that a declaration was required by the Open Meetings Act for an Executive Session; therefore, she stated for the record that she was duly qualified and had the personal knowledge to provide the requisite declaration for the stated purposes of the Executive Session authorized by the Act. Vote unanimous in favor. The Mayor announced that Council would reconvene in approximately 30 minutes.

Time in: 5:51 P.M.

Councilmember Boyd left at 6:45 P.M.

Time out: 6:57 P.M.

Motion made (Silvers/Johnson) to approve a settlement against the former building official. Vote unanimous in favor.

There being no further business, the meeting adjourned.

Time: 6:58 P.M.

APPROVED this 6th day of July, 2021. __________________________________


ITEM 1.



Description of Topic:Discuss residential street speed limits. (TK)



ITEM 2.


Departments: No Department Selected

Description of Topic:Discuss recreation membership rates. (JL)



ATTACHMENTS:DescriptionProposed Rate Changes

Proposed changes to Recreation Campus rates to be instituted upon the opening of the new Fitness Center. No changes have been made to resident rates. An Ono Island Resident rate has been established. Price comparisons are provided for reference.

Price Comparisons: Bodenhamer Center: Resident Single Annual: $290. Monthly: $60. Resident Couple Annual: $360. Monthly: $75. Resident Family Annual: $435 Monthly: $90. Non Resident Single Annual: $435. Monthly: $75. Non Resident Couple Annual: $540. Monthly: $95. NonResident Family Annual: $650 Monthly: $115. YMCA INDIVIDUAL MEMBERSHIPS / $45 Joiner's Fee Adult Annual: $540 Monthly: $45 FAMILY MEMBERSHIPS / $65 Joiner's Fee Adult Plus One Annual: $756 Monthly: $63 Family Annual: $888. Monthly: $74 Planet Fitness: Individual: Annual: $276.00 *no aquatics or fitness classes

Current Proposed

Residents Single Annual $75.00 No Change

Resident Family Annual $175.00 No Change

Ono Island Resident Single Annual $150.00 No Change

Ono Island Resident Family Annual $250.00 No Change

Non Resident Single Annual $150.00 $300.00

Non Resident Family Annual $250.00 $500.00

Monthly Single (Resident or non) $40.00 $60.00

Monthly Family (Resident or non) $60.00 $90.00

Day Pass $5.00 $10.00

Guest (of member) $3.00 $5.00

Single Fitness Class $5.00 No Change

15 Class Punch Card $50.00 No Change (Fitness class or Pickleball play)

Annual Fitness Class Pass $150.00 No Change

Proposed Change of Rates for New Fitness Facility

ITEM 1.



Description of Topic:Resolution authorizing the execution of a software license agreement with Station AutomationInc., doing business as PSTrax, for Narcotics Tracking Software for the Fire Department.(MK)



ATTACHMENTS:DescriptionResolutionAgreement

RESOLUTION NO. 21-xxx

A RESOLUTION AUTHORIZING THE EXECUTION OF A

SOFTWARE LICENSE AGREEMENT WITH

STATION AUTOMATION INC. (DBA PSTRAX)

FOR NARCOTICS TRACKING SOFTWARE

FOR THE FIRE DEPARTMENT

FINDINGS:

1. The Fire Department has recommended PSTrax software by Station Automation Inc. for the purpose of implementing a narcotics tracking system.

2. The PSTrax software has a one-time implementation fee of $2,400 and an annual license fee of $2,400.

3. After having reviewed the software license agreement renewal (attached Exhibit A), the City Council has determined that the provisions are in the best interest of the City of Orange Beach, Alabama.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE BEACH, ALABAMA, AS FOLLOWS:

1. That the Mayor is hereby authorized to execute the Software License Agreement in substantially the form and of substantially the content now before the Council between the City of Orange Beach and Station Automation Inc., as an act for and on behalf of the City of Orange Beach subject to final approval by the City Attorney; and

2. That this Resolution shall become effective immediately upon its adoption.

ADOPTED THIS 6th DAY OF JULY, 2021. _______________________________ Renee Eberly City Clerk

C E R T I F I C A T E

I, Renee Eberly, City Clerk of the City of Orange Beach, Alabama, do hereby certify that the foregoing is a true and correct copy of Resolution No. 21-xxx, which was duly and legally adopted at a regular meeting of the City Council on July 6, 2021. _______________________________ City Clerk

Station Automation Inc. (DBA PSTrax) 7312 Firethorn

Littleton, CO 80125 888-330-6006

[email protected]

PSTrax | Proposal for Orange Beach Fire & Rescue | Proposal valid for 90 days 1

PSTrax Pricing Proposal for Orange Beach Fire & Rescue

5/19/2021 Orange Beach Fire & Rescue Chance Ard, Captain 25855 John Snook Dr., Orange Beach, AL, 36561

PSTrax is the industry-leading operations checks system for first responder agencies. Please select the modules your

agency would like to utilize below. Annual license fees can be pro-rated to sync with budget cycle. One-time

implementation fees can be amortized/spread over a multiple-year term (see Section 2 and Section 3 on Page 2).

MODULE DETAILS

ANNUAL LICENSE FEE

(includes software, hosting, support, training, ongoing

changes)

ONE-TIME IMPLEMENTATION FEE

(includes project management, data import, configuration, training,

rollout)

SELECTED MODULES

Check the box(s)

VEHICLE

Heavy Vehicles includes ( )

Support Vehicles includes ( )

$ 0 Annual $ 0 One-Time

or spread/amortized over term

STATION Based on agency with

Stations $ 0 Annual $ 0 One-Time


SCBA Based on agency with



PPE Based on agency with



CRITICAL ASSET Based on agency with



INVENTORY - FIRE

Based on agency with



INVENTORY - EMS

Based on agency with

0 Stations $ 0 Annual $ 0 One-Time


CONTROLLED SUBSTANCE

12 Managed Containers includes (1 central, 1 vend, 12 boxes )

$ 2400 Annual $ 2400 One-Time or spread/amortized over term

ADD-ONS $ 0 Annual N/A

TOTAL (ALL MODULES PRICED) $ 2400

Annual (USD)

$ 2400 One-Time (USD)


Module Descriptions

• Vehicle – Schedule and document vehicle inspections for engine, chasis and inventory checks.

• Station – Schedule and document checklists for building maintenance, safety inspections, chore schedules and basic supplies.

• SCBA – Track the full history and movement of SCBA equipment. Log inspections, expirations, repairs, hydro testing, and more.

• PPE – Track the full history and movement of PPE equipment. Log inspections, expirations, exposures, cleanings, repairs, and more.

• Critical Asset – Track the full history and movement of critical assets. Log inspections, expirations, testings, repairs, funding source, and more.

• Inventory

o Fire Inventory – Track consumable fire and station supplies including quantities, PAR levels, usage, expirations, and lot numbers.

o EMS Inventory – Track consumable EMS supplies including quantities, PAR levels, usage, expirations, and lot numbers.

• Controlled Substance – Track vial “handoffs”, usage, quantities, expirations, and lot numbers.

mailto:[email protected]


Littleton, CO 80125 888-330-6006

[email protected]


Agreement & Terms

This Agreement is made and entered into as of the mutually executed date by and between Station Automation, Inc. (DBA

PSTrax) and Orange Beach Fire & Rescue (“CLIENT”). PSTrax and CLIENT are sometimes referred to herein individually

as a "Party” and collectively as the "Parties".

This is a legal Agreement. Please carefully read all terms and conditions before signing. Any changes to this Agreement

must be mutually agreed to by the Parties prior to signing. Upon the Parties mutually executing this Agreement, Station

Automation, Inc. (DBA PSTrax) and CLIENT hereby agree as follows:

1. Licensed Modules: This Agreement shall grant CLIENT a license to use the modules for as long as this Agreement

remains in effect. The modules being licensed as part of this Agreement shall be the modules checked by CLIENT

above in the pricing table.

2. Initial Term: The Initial Term of this Agreement shall be the number of years selected by CLIENT below. The Initial

Term shall start upon mutual execution of this Agreement by the Parties.

1 Year 2 Years 3 Years 4 Years 5 Years 6 Years

3. Implementation Fees: Each module being licensed has an implementation fee associated with it. The implementation fees shall be paid according to the selection made selected by CLIENT below.

Pay implementation fees in the first year.

Amortize/spread the implementation fees into equal annual parts over the term of the Agreement.

Other special instructions .

4. 365 Day Money Back Guarantee: If CLIENT is not satisfied with the ROI savings or the performance of a specific module(s) after a period of 365 days from the module(s) purchase date, CLIENT may cancel the module(s) purchased, by providing 30 days notice to PSTrax, and be refunded 100% of the module(s) first year's annual license and set up fees paid to date. To qualify, the PSTrax module(s) must be built and “implemented”. By definition of “implemented”, the system must be placed into the crew’s daily operations and check procedures, and have tasks consistently logged in PSTrax for a minimum period of six (6) months. If this provision is executed, refunded monies shall be refunded by PSTrax within 90 days.

5. Cancellation: With the exception of Section 4 – 365 Day Money Back Guarantee, upon mutual execution of this

Agreement by the Parties, CLIENT shall be committed to the entirety of the Initial Term as selected in Section 2 – Initial Term. If CLIENT does not wish to renew after the the Initial Term or a subsequent renewal term, it may cancel this Agreement by notifying PSTrax in writing, at least 30 days prior to the end of the term.

6. Auto Renewal: At the end of the Initial Term and each subsequent renewal term, if CLIENT has not notified PSTrax to cancel the Agreement, the Agreement shall automatically renew for a duration equal to the Initial Term as selected in Section 2 – Initial Term. The pricing terms shall remain the same, plus any annual increases as outlined below in Section 14 – Annual Increases.

7. Changes to Pricing Terms: Should a change to the pricing terms be necessary, PSTrax will notify CLIENT at least 90 days prior to end of the term. If, prior to the end of the term, the Parties fail to agree to the modified pricing terms, this Agreement shall not be renewed and shall terminate.



Littleton, CO 80125 888-330-6006

[email protected]


8. Scope of Work: PSTrax is responsible for the initial implementation and ongoing maintenance of any modules licensed as part of this Agreement. This includes the import and setup of all vehicle, equipment, and inventory inspections provided by CLIENT to PSTrax, as well as any ongoing adjustments to these inspections upon request.

9. Change Requests: Any additions or changes to the scope of work not included in the pricing may be subject to additional charges. The scope of work for each module is based on “active counts” which means no additional fees will be charged to setup and load a new item when it is replacing a retired item. The only time additional fees may apply is when new items are setup and loaded, but no items are retired. In the event of additional fees, new items will be subject to an annual license fee but not an implementation fee. Any additional fees shall first be approved by CLIENT.

10. Adding Modules: CLIENT may license additional modules at any time. If additional modules are added during the first year of the Initial Term, PSTrax will honor any previous pricing provided. New modules added can be prorated to sync up with existing modules on the anniversary renewal invoice so only one invoice would be issued (CLIENT preference).

11. Setup & Implementation: PSTrax shall assign a Project Manager to work with CLIENT during the implementation. The PSTrax Project Manager shall be responsible for organizing the documents provided by CLIENT, configuring the system to the requirements of CLIENT, and determining timelines to deliver the completed system back to CLIENT. It is the responsibility of CLIENT to provide the Project Manager all existing documentation for each inspection it wishes to include. CLIENT shall have the opportunity to review and approve the system prior to rollout.

12. Ongoing Maintenance & Support: All training, technical support, and adjustments to any modules licensed in this Agreement are included as part of the annual software license fee. No additional fees for support/service shall be charged during the term of this Agreement, unless the scope of work increases.

13. Travel: All implementations, trainings and rollouts are typically done through virtual meetings. Any travel that may be requested or required is excluded in the pricing provided, and shall be billed separately to CLIENT. Should travel be necessary, PSTrax shall have all travel requests approved in writing by CLIENT prior to purchasing.

14. Annual Increases: Annual software license fees may be subject to annual increases. Compared to the previous year’s rate, annual increases shall not be more than five (5) percent or the Consumer Price Index published by the Bureau of Labor Statistics, whichever is lower.

15. Billing Terms: Payment terms for all invoices from PSTrax shall be Net-45 days. First year annual software license fees and one-time implementation fees shall be shall be invoiced at the time this Agreement is mutually executed by the Parties. Each year thereafter, the annual software license fees, and any amortized one-time implementation fees, shall be invoiced at least 30 days prior to the anniversary date.

16. Use of Name: The Parties consent to the other Party using its name and logo in marketing materials for the purpose

of identifying a business relationship with the other Party.

17. User Licenses: PSTrax does not charge a per-user license fee. CLIENT may add as many users as necessary in the system at no additional cost. Each user in the PSTrax system shall have a unique login and password and role-based security access for each module (Administrator or User). It is the responsibility of CLIENT to provide the PSTrax Project Manager with a list of its users and the security access levels each person needs to have.

18. Compliance: It is the responsibility of CLIENT to ensure that all checks and inspections provided to PSTrax comply with local and federal regulations, including but not limited to: NFPA guidelines, Department of Transportation (DOT) guidelines, manufacturer specifications, and the standard operating procedures (SOP) of the authority having jurisdiction (AHJ). PSTrax is not responsible for ensuring that the inspections CLIENT provides adhere to local or federal regulations.



Littleton, CO 80125 888-330-6006

[email protected]


19. Data Storage & Protection: All data input into PSTrax is owned by CLIENT under all circumstances. CLIENT may retrieve a copy of its data in digital format at any time during the term of this Agreement for no fee upon request. CLIENT may also retrieve a copy of its data for up to 36 months after the termination of this Agreement by contacting PSTrax. Additionally, CLIENT will continue to have access to the system for the purpose of viewing and downloading its data.

20. Security & Service Interruption: The PSTrax system is hosted by Rackspace Inc. – or a comparable top-tier

hosting provider – and uses commercially reasonable measures to maintain the security and stability of the service.

PSTrax assumes no responsibility for the effectiveness of these measures. Interruption of service is possible in any

network. CLIENT hereby acknowledges and agrees that PSTrax and its service providers are NOT liable for any

delays, outages, or interruptions of the service. Further, PSTrax shall not be liable for any delay or failure to perform

its obligations under this Agreement, resulting from any occurrence beyond its reasonable control including, but not

limited to, fire, flood, power outage, Internet outage, acts of God, mechanical, electrical, communications, or third-

party supplier failure.

21. Limitation of Liability: Circumstances may arise in which CLIENT is entitled to recover damages from PSTrax. In

such instance, the aggregate liability of PSTrax for damages shall be limited to the prorated portion of the annual

software license fees paid to PSTrax by CLIENT for the three-month period immediately preceding the date on which

such claim occurred.

22. Intellectual Property: Except for rights expressly granted under this Agreement, nothing in this Agreement will

function to transfer any of either Party's Intellectual Property rights to the other Party, and Parties will retain exclusive

interest in and ownership of its Intellectual Property developed before this Agreement or developed outside the scope

of this Agreement.

23. Confidential Information: The Parties acknowledge that the existence and the terms of this Agreement and any oral

or written information exchanged between the Parties in connection with the preparation and performance of this

Agreement are regarded as confidential information. Except as required by law and public records requirements,

Parties shall maintain confidentiality of all such confidential information and shall not disclose any confidential

information to any third-parties unless it has obtained the written consent of the other Party.



Littleton, CO 80125 888-330-6006

[email protected]


By signing below, CLIENT agrees to the pricing, terms and conditions of this Agreement and certifies that the signer is an

authorized purchaser for CLIENT.

When complete, please send all pages of this Agreement to PSTrax by emailing to [email protected] or faxing to 303-

972-3494.

Orange Beach Fire & Rescue

Station Automation, Inc. (DBA PSTrax)

Authorized Purchaser Signature:

Signature:

Print Name: Title: Email: Phone: Date:

Print Name: Scott Bergeron Title: President Email: [email protected] Phone: 303-918-3169 Date: 5/19/2021

Invoicing Information Invoice Contact Name: Invoice Contact Email: Invoice Contact Phone: Invoice Mailing Address:



ITEM 2.



Description of Topic:Resolution reappointing members to the Gulf Shores and Orange Beach Tourism Board ofDirectors. (RE)

Action Options/Recommendation:Reappointing Bill Brett, Tony Kennon, and Penny Groux


ITEM 1.


Departments: Community Development

Description of Topic:Set a public hearing date for an ordinance amending Ordinance No. 172, the ZoningOrdinance, Case No. 0604-PUD-21, Mississippi Avenue PUD. (Suggested date 7/6/2021)(KA)



action options/recommendation: departments: administration

Documents