AGENDA REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

MAY 11, 2015

Call To Order

Invocation

Gulf Shores Fire Department Battalion Chief, Bo Smith

Pledge Of Allegiance

Roll Call

Approval Of Minutes

Approval Of Minutes:April 28, 2015 - Regular Council MeetingMay 4, 2015 - Council Work Session Meeting

Approval Of Expense Vouchers

Presentation Of Petitions, Requests And Communications

Proclamation Presentation - National Safe Boating Week 2015

PROCLAMATION - NATIONAL SAFE BOATING WEEK.PDF

Proclamation Presentation - National Police Week 2015

PROCLAMATION - NATIONAL POLICE WEEK 2015.PDF

Gulf Shores High School Special Presentation - Principal, Dr. Rosado

Public Assembly Permit Application - Gulf Shores & Orange Beach Tourism / Sports Commission

RAC PUBLIC ASSEMBLY PERMIT APPLICATION - NAIA MARATHON.PDF

Public Hearing

Resolution - Authorize Setback Waiver - Lagoon Heights

RESO - AUTHORIZE SETBACK WAIVER - LAGOON HEIGHTS.PDF

Ordinance - Amend Zoning Ordinance - Midtown Gulf Shores

ORD - AMEND Z O - MIDTOWN GULF SHORES.PDF

New Business

Resolution - Adopt 2014 Master Bicycle And Pedestrian Plan

RESO - ADOPT 2014 MASTER BICYCLE AND PEDESTRIAN PLAN .WP.PDF

Resolution - Authorize Grant Application - 2015 TIGER Grant

RESO - AUTHORIZE GRANT APPLICATION - 2015 TIGER GRANT.WP.PDF

Resolution - Award Fuel Contract - Davison Oil Company

RESO - AWARD BID - FUEL.WP.PDF

Resolution - Authorize Assignment - Langley - Colonial, LLC

RESO - AUTHORIZING ASSIGNMENT--LANGLEY BH253392 WP.PDF

Resolution - Authorize Contract - Baldwin County Sheriff's Department

PD - MEMO - AGREEMENT FOR LOCAL PROSECUTION WITH BCSO.PDF, PD - AGREEMENT - BCSO AND CITY OF GULF SHORES LE SERVICES.PDF, RESO - AUTHORIZE CONTRACT - BALDWIN COUNTY SHERIFFS OFFICE.PDF

Committee Reports

Staff Reports

Hearing Of Persons Not Listed On Formal Agenda

Adjourn

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AGENDA REGULAR COUNCIL MEETING

CITY OF GULF SHORES, ALABAMA

MAY 11, 2015

Call To Order

Invocation

Gulf Shores Fire Department Battalion Chief, Bo Smith

Pledge Of Allegiance

Roll Call

Approval Of Minutes

Approval Of Minutes:April 28, 2015 - Regular Council MeetingMay 4, 2015 - Council Work Session Meeting

Approval Of Expense Vouchers

Presentation Of Petitions, Requests And Communications

Proclamation Presentation - National Safe Boating Week 2015

PROCLAMATION - NATIONAL SAFE BOATING WEEK.PDF

Proclamation Presentation - National Police Week 2015

PROCLAMATION - NATIONAL POLICE WEEK 2015.PDF

Gulf Shores High School Special Presentation - Principal, Dr. Rosado

Public Assembly Permit Application - Gulf Shores & Orange Beach Tourism / Sports Commission

RAC PUBLIC ASSEMBLY PERMIT APPLICATION - NAIA MARATHON.PDF

Public Hearing

Resolution - Authorize Setback Waiver - Lagoon Heights

RESO - AUTHORIZE SETBACK WAIVER - LAGOON HEIGHTS.PDF

Ordinance - Amend Zoning Ordinance - Midtown Gulf Shores

ORD - AMEND Z O - MIDTOWN GULF SHORES.PDF

New Business

Resolution - Adopt 2014 Master Bicycle And Pedestrian Plan

RESO - ADOPT 2014 MASTER BICYCLE AND PEDESTRIAN PLAN .WP.PDF

Resolution - Authorize Grant Application - 2015 TIGER Grant

RESO - AUTHORIZE GRANT APPLICATION - 2015 TIGER GRANT.WP.PDF

Resolution - Award Fuel Contract - Davison Oil Company

RESO - AWARD BID - FUEL.WP.PDF

Resolution - Authorize Assignment - Langley - Colonial, LLC

RESO - AUTHORIZING ASSIGNMENT--LANGLEY BH253392 WP.PDF

Resolution - Authorize Contract - Baldwin County Sheriff's Department

PD - MEMO - AGREEMENT FOR LOCAL PROSECUTION WITH BCSO.PDF, PD - AGREEMENT - BCSO AND CITY OF GULF SHORES LE SERVICES.PDF, RESO - AUTHORIZE CONTRACT - BALDWIN COUNTY SHERIFFS OFFICE.PDF

Committee Reports

Staff Reports

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RESOLUTION NO. -15

A RESOLUTIONAUTHORIZING ISSUANCE OF A WETLANDS WAIVER

FOR SE PROPERTY HOLDINGS, LLC FOR LAGOON HEIGHTS SUBDIVISIONTO ALLOW PLATTING OF SIX (6) SINGLE FAMILY LOTS WITH WETLANDS

WITH CONDITIONS_________________________________________________________________

WHEREAS, Robert Matthews, representing SE Property Holdings, LLC seeks a waiver from the City Council as specified in the Wetlands Protection Ordinance (Chapter 7, Article 17,Code of Ordinances) to subdivide an 18 acre property parcel, including 7.6 acres of wetlands, into six (6 ) new single family lots on the south side of Fort Morgan Road west of West Brigadoon Trail known as Lagoon Heights Subdivision with a portion of each lot containing wetlands; and

WHEREAS, the Wetlands Protection Ordinance allows the City Council to grant a waiver following a public hearing and review of the application to establish that all conditions have been met as required for issuance of the waiver in compliance with Chapter 7 of the Code of Ordinances, Buildings, Construction and Related Activities, Article XVII. Wetlands Protection and Regulations, Section 7-573.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON MAY 11, 2015, as follows:

Section 1. That the City Council of the City of Gulf Shores hereby authorizes and approves the request of SE Property Holdings, LLC for issuance of a wetlands waiver to allow the platting of a simple six (6) lot subdivision including wetlands contingent upon the following:

a) Reduction of overall density for the subdivision as submitted;b) Ensure minimal impact to infrastructure;c) Mitigate future impact to the wetlands;d) Obtaining approval of the Planning Commission for the 6 lot subdivision;e) No permanent improvements to be made within the wetland buffer without

prior approval from the City of Gulf Shores.f) All properties are subject to the Wetland Protection Ordinance Regulations.

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

ADOPTED this 11th day of MAY, 2015.

__________________________ Robert Craft, Mayor

ATTEST:

_________________Wanda Parris, MMCCity Clerk

C E R T I F I C A T E

I, Wanda Parris, MMC, City Clerk of the City of Gulf Shores, Alabama, do hereby certifythat the foregoing is a true and correct copy of Resolution No. -15 (prepared by City Clerk), which Resolution was duly and legally adopted at a regular meeting of the City Council on May 11, 2015.

_______________________________ City Clerk

ORDINANCE NO.

AN ORDINANCE APPROVING THEPLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN

AND REZONING OF MIDTOWN GULF SHORES(PUD2015-01)

WHEREAS, WAS Design has submitted to the City Council documentation which satisfies the requirements of Ordinance No. 1584 (Zoning Ordinance) adopted January 1, 2010, Article 15, Sections 15-1 through 15-6 for a Planned Unit Development and more particularly pertaining to the proposed Midtown Gulf Shores PUD Master Plan for a mixed use development within the downtown area of Gulf Shores; and

WHEREAS, WAS Design also seeks to rezone 3.71 acres of the Midtown Gulf Shores sitefrom General Business (BG) to General Business/Planned Unit Development (BG/PUD).

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULFSHORES, ALABAMA, WHILE IN REGULAR SESSION ON MAY 11, 2015, as follows:

Section 1. That the PUD Master Plan of Midtown Gulf Shores for Lot 2, LAK South Subdivision has been reviewed by staff and the Planning Commission and is hereby approved bythe City Council contingent upon submission and approval of detailed site plan design and subdivision drawings prior to construction of each phase; and

Section 2. That the decision of the City Council is that the Planned Unit Development Master Plan is in the public interest, based on the following findings of fact and conclusions:

a. The Plan is consistent with the statement and purpose of a Planned Unit

Development and the City’s Land Use Plan.

b. The Plan is consistent with zoning and subdivision regulations.

c. The purpose, location, amount of common open space, and the reliability of the

proposal for maintenance and conservation of the common open space are adequate

as related to the proposed density and type of development.

d. The design of the Plan adequately provides for public services, control of vehicular

traffic and parking, and furthers the amenities of light, air and visual enjoyment.

e. The relationship of the proposed Planned Unit Development to the neighborhood in

which it is proposed to be established is beneficial.

f. The PUD Master Plan approval, with or without special conditions, shall represent

the zoning of that area contained within the Plan.

g. The construction shall commence within five years of PUD Master Plan approval

or the PUD zoning designation shall expire and the property shall revert to the base

zoning classification.

Section 3. That Ordinance No. 1584 (Zoning Ordinance), adopted January 1, 2010, along with the Zoning Map of the City of Gulf Shores, be and it is hereby amended and altered by rezoning those certain parcels of real property herein described as 3.71 acres known as Midtown Gulf Shores located at the corner of West Commerce Avenue and West 2nd Street in Gulf Shores,Alabama and more particularly described as Lot 2, LAK South Subdivision as recorded on Slides2435-E and 2435-F in the probate records in Baldwin County, Alabama from General Business (BG) to General Business/PUD (General Business/Planned Unit Development) subject to the following conditions:

1. The peak parking demand for the site, as calculated by the number of required parking

spaces for the proposed individual uses, shall not exceed the available 207 parking

spaces. If at any point in the future additional parking is required, the applicant shall

obtain additional parking spaces by means of construction of parking, shared parking

agreements, or any other method acceptable and approvable to the City.

2. The applicant shall use the standard 1.75 parking spaces per residential unit in the

shared parking table. The use of this figure makes the required peak parking figure 207

spaces.

Ordinance No. (cont'd.)Page 2

3. The applicant shall correct the maximum shared parking spaces to read 207 instead of

197 on page SP100 of the plan set.

4. A sidewalk connection shall be provided from Midtown Gulf Shores to the parking lot

at Kaiser Realty.

5. The execution of a shared parking agreement between Kaiser Realty and Midtown Gulf

Shores assuring the continued availability of such parking and approved by the City

Attorney; and

Section 4. That this Ordinance shall become effective upon its adoption and publication asrequired by law.

ADOPTED this 11th day of May, 2015.

__________________________ Robert Craft, Mayor

ATTEST:

________________Wanda Parris, MMCCity Clerk

C E R T I F I C A T E

I, Wanda Parris, MMC, City Clerk of the City of Gulf Shores, Alabama, do hereby certify that the foregoing is a true and correct copy of Ordinance No. (prepared by City Clerk), which Ordinance was duly and legally adopted at a regular meeting of the City Council on May 11, 2015, and the same was duly published as required by law.

______________________________ City Clerk

RESOLUTION NO. -15

A RESOLUTION ADOPTING 2014 MASTER BICYCLE AND PEDESTRIAN PLAN

FOR THE CITY OF GULF SHORES______________________________________________________________

WHEREAS, The City of Gulf Shores desires to update the 2000 Bikeway and Sidewalk Plan to take into consideration changes in City policy, growth characteristics of the City, the Comprehensive Plan and transportation issues; and

WHEREAS, the 2014 Bicycle and Pedestrian Master Plan has been prepared to update the existing 2000 Plan and is aligned with and furthers many of the goals contained in the Vision 2025 Plan and Green Up Gulf Shores Initiative; and

WHEREAS, implementation of the Plan will provide greater opportunities for pedestrian and bicycle travel, promote safety and improve the City’s quality of life.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON MAY 11, 2015, as follows:

Section 1. That the 2014 Bicycle and Pedestrian Master Plan is hereby adopted by the City Council of the City of Gulf Shores as presented; and

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

ADOPTED this 11th day of May, 2015.

Robert Craft, Mayor

ATTEST:

_________________Wanda Parris, MMCCity Clerk

C E R T I F I C A T E

I, Wanda Parris, MMC, City Clerk of the City of Gulf Shores, Alabama, do hereby certify that the foregoing is a true and correct copy of Resolution No. -15 (prepared by City Clerk), which Resolution was duly and legally adopted at a regular meeting of the City Council onMay 11, 2015.

City Clerk

RESOLUTION NO. -15

A RESOLUTION AUTHORIZING, RATIFYING, AND CONFIRMING APPLICATION FOR 2015 TRANSPORTATION INVESTMENT

GENERATING ECONOMIC RECOVERY (TIGER) GRANT IN THE AMOUNT OF $6,767,000.00

__________________________________________________________

WHEREAS, the City of Gulf Shores continues to plan, improve and enhance provisions for the health, safety, and well-being of the general public; and

WHEREAS, the City Council desires to authorize, ratify, and confirm the City’s grant application to the U.S. Department of Transportation, seeking funding assistance from the 2015 Transportation Investment Generating Economy Recovery (TIGER) Grant Program;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON MAY 11, 2015, as follows:

Section 1. That the City would use the funding for the “Gulf Shores Waterway Village Multimodal Access Project”, a system of roads and pedestrian access improvements that will create economic opportunities, improve traffic conditions, enhance pedestrian access/safety andincrease community resilience for our region; and

Section 2. That the total project cost is estimated at $13,533,000.00, if proposed grant funds of $6,767,000.00 (50%) is awarded, the City’s total match is estimated at $4,200,000.00; with the remainder of non-federal funds coming from ALDOT ($1,647,000.00) and private landowners ($1,028,000.00); and

Section 3. That in the event a grant is awarded, the City understands and confirms that it will sign all documents necessary to comply with all applicable Federal and State laws, rules, and regulations.

Section 4. That the Mayor and City Clerk are hereby authorized and directed to executeand attest, respectively, a grant application with the U. S. Department of Transportation in the total amount of $13,533,000.00 and any prior authorization and execution of said application is hereby ratified and approved; and

Section 5. That this Resolution shall become effective upon its adoption.

ADOPTED this 11th day of May, 2015.

Robert Craft, MayorATTEST:

_________________Wanda Parris, MMCCity Clerk

C E R T I F I C A T EI, Wanda Parris, MMC, City Clerk of the City of Gulf Shores, Alabama, do hereby certify that the foregoing is a true and correct copy of Resolution No. -15 (prepared by City Clerk), which Resolution was duly and legally adopted at a regular meeting of the City Council onMay 11, 2015. _____________________________ City Clerk

RESOLUTION NO. -15

A RESOLUTIONACCEPTING THE BID OFDAVISON OIL COMPANY

FOR DISPENSING OF PETROLEUM PRODUCTS AND MANAGEMENT SERVICES

_____________________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON MAY 11, 2015, as follows:

Section 1. That the bid of Davison Oil Company as defined in bid comparison for dispensing of petroleum products and management services for use by all departments within the City of Gulf Shores be and the same is hereby accepted, being the most qualified and responsible bidder among sealed bids created and released to the membership by the South Alabama Purchasing Association; and

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

ADOPTED this 11th day of May, 2015.

_________________________ Robert Craft, Mayor

ATTEST:

___________________Wanda Parris, MMCCity Clerk

C E R T I F I C A T E

I, Wanda Parris, MMC, City Clerk of the City of Gulf Shores, Alabama, do hereby certify that the foregoing is a true and correct copy of Resolution No. -15 (prepared by City Clerk), which Resolution was duly and legally adopted at a regular meeting of the City Council on May 11, 2015.

_____________________________ City Clerk

{BH253392.1} 1

RESOLUTION NO. ____

A RESOLUTION AUTHORIZING ASSIGNMENT OF DOCUMENTS IN RELATION TO PELICAN PLACE SHOPPING CENTER

CITY OF GULF SHORES, ALABAMA (the “City”)

WHEREAS, Langley-Colonial, LLC (“ Langley ”) desires to assign to RREF II Pelican, LLC (“ Assignee ”), and Assignee desires to assume, certain rights and obligations arising from and after the date of such assignment pursuant to that certain Amended and Restated Lease and Development Agreement dated as of March 1, 2009 by and between Langley, Mid-America Apartments, L.P. (“ MAA ”), and the City (the “ Ground Lease ”), that certain Amended and Restated Repurchase and Sale Agreement dated concurrently therewith by and between the City, MAA and Langley (the “ Repurchase Agreement ”), as further evidenced by that certain Amended and Restated Memorandum of Lease and Memorandum of Repurchase and Sale Agreement dated concurrently therewith and recorded in Instrument Number 1175918 in the Probate Office of Baldwin County, Alabama (the “ Memorandum ”) and that certain Partial Assignment and Assumption of Lease and Development Agreement and Repurchase and Sale Agreement dated July 18, 2007 (collectively with the Ground Lease, the Repurchase Agreement and the Memorandum, the “City Documents”); and

WHEREAS, in connection with the assignment and assumption of the assigned rights and obligations under the City Documents described above, Langley desires to assign to Assignee, and Assignee desires to assume, pursuant to an Assignment of Intangible Property by and between Langley and Assignee, certain rights and obligations arising from and after the date of such assignment pursuant to certain other documents and agreements related to the Pelican Place Shopping Center and more particularly described on Exhibit A attached to the proposed Consent in Connection with Assignment and Assumption of Agreements described in Paragraph number 2 below (the “Related Documents”); and

WHEREAS, Langley and Assignee have requested that the City consent to the assignments described above.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES as follows:

(1) The Assignment and Assumption of Ground Lease and Repurchase and Sale Agreement, including the joinder of the City thereto for purposes of providing its approval of the assignment and assumption of the City Documents, in substantially the form and of substantially the content as the form of Assignment and Assumption Ground Lease and Repurchase and Sale Agreement, including the joinder of the City thereto, presented to and considered at this meeting, with such changes as may be required by the Mayor, is hereby approved and adopted.

(2) The Consent in Connection with Assignment and Assumption of Agreements by the City in favor of Langley and Assignee pertaining to the approval by the City of the assignment and assumption of the Related Documents, in substantially the form and of substantially the content as the form of Consent in Connection with Assignment and Assumption

{BH253392.1} 2

of Agreements presented to and considered at this meeting, with such changes as may be required by the Mayor, is hereby approved and adopted.

(3) The Estoppel Certificate by the City in favor of Assignee and Pacific Western Bank pertaining to the Ground Lease and the Repurchase Agreement, in substantially the form and of substantially the content as the form of Estoppel Certificate presented to and considered at this meeting, with such changes as may be required by the Mayor, is hereby approved and adopted.

(4) The Assignment of Intangible Property between Langley and Assignee pertaining to the Related Documents, in substantially the form and of substantially the content as the form of Assignment of Intangible Property presented to and considered at this meeting, with such changes as may be required by the Mayor, is hereby approved and adopted.

(5) The Agreement of Ground Lessor by the City, Pacific Western Bank and Assignee, replacing the NatCity Agreement (as such term is defined in the Ground Lease) and pertaining to the Ground Lease and the Repurchase Agreement, in substantially the form and of substantially the content as the form of Agreement of Ground Lessor presented to and considered at this meeting, with such changes as may be required by the Mayor, is hereby approved and adopted.

(6) The Mayor and City Clerk are hereby authorized and directed to execute, deliver, seal and attest the agreements, documents and instruments described above to which the City is a party, and to take such other actions on behalf of the City as may be necessary or desirable to carry out the transactions contemplated by these resolutions.

Duly adopted this 11th day of May, 2015.

__________________________________ Robert Craft, Mayor

ATTEST:

___________________Wanda Parris, MMCCity Clerk

C E R T I F I C A T EI, Wanda Parris, MMC, City Clerk of the City of Gulf Shores, Alabama, do hereby certify that the foregoing is a true and correct copy of Resolution No. -15 (prepared by City Clerk), which Resolution was duly and legally adopted at a regular meeting of the City Council onMay 11, 2015.

_____________________________ City Clerk

Date: May 7, 2015

To: Mayor and City Council

From: Edward Delmore, Chief of Police

Subject: Enforcement Agreement with Baldwin County Sheriff’s Department

Background: During certain events including but not limited to Hangout Music Fest and Spring

Break GSPD is assisted by Deputies from the Baldwin County Sheriff’s Department. In the past,

arrests made by the Deputies were placed in the county court system creating logistical challenges

for both agencies. This agreement allows the prosecution of local cases made by deputies to be

handled in Gulf Shores Municipal Court. Both Baldwin County Sheriff Huey Hoss Mack and

Magistrate Ken McKenzie agree that this is beneficial to all involved including the City of Gulf

Shores, GSPD and even the defendants.

Recommendation: Authorize the Mayor to sign and enter into the aforementioned agreement along with the Sheriff.

Previous Council Action: N/A

Budget Implications: No expenditures. Some income increase from additional fines and court costrevenue.

Related Issues: N/A

Attachments: BCSO / City of Gulf Shores Agreement.

STATE OF ALABAMA ) COUNTY OF BALDWIN )

CONTRACT FOR LAW ENFORCEMENT SERVICES

WITNESS THIS AGREEMENT made and entered into by the City of Gulf Shores, Alabama, a municipal corporation organized under the laws of the State of Alabama, hereinafter referred to as "Municipality"; Huey Hoss Mack as Sheriff of Baldwin County, Alabama, solely in his official capacity as Sheriff, hereinafter referred to as "Sheriff”; and Baldwin County, Alabama, a political subdivision of the State of Alabama, hereinafter referred to as "County":

WHEREAS, Act 07-256 of the 2007 Alabama Legislature provides that Baldwin County

may contract to provide law enforcement services to a municipality within its boundaries; and such Act also allows the enforcement by the Sheriff and his duly commissioned deputies of laws within the corporate limits and police jurisdiction of the municipality including, without limitation, municipal ordinances, and the arrest or citation of any offenders as if the Sheriff and his deputies were duly constituted police officers of the municipality; and

WHEREAS, Municipality is a municipality within the boundaries of Baldwin County,

Alabama, and wishes enhanced law enforcement services within its entire lawful jurisdiction, to include without limitation, that area of land within the municipal boundaries of Municipality in addition to an area outside of the limits of Municipality and within the municipal police jurisdiction; and

WHEREAS, Municipality desires to provide an enhanced level of competent law

enforcement service in conjunction and in harmony with its fiscal policies of sound, economical management; and

WHEREAS, Municipality desires and has requested that the Sheriff furnish law enforcement protection to Municipality and its inhabitants and citizens and perform any and all necessary and appropriate functions, actions, and responsibilities for law enforcement within Municipality to the extent herein provided; and

WHEREAS, Act 07-256 of the 2007 Alabama Legislature provides to the Baldwin County Commission, as the governing body of Baldwin County, the authority to both agree upon the sufficiency of the sums provided by the Municipality, for the subject police services, and to consent and approve of this Agreement; and

WHEREAS, the Baldwin County Commission, as the governing body of Baldwin County,

concurs with and supports the plan and program set out in this Agreement; and Page 1

WHEREAS, in seeking this support from the County, the Municipality agrees to protect the County from any liability associated with or assumed by the County as a result of the subject support and approval; and

WHEREAS, the Sheriff is an independent, constitutional officer of the State of Alabama; and

WHEREAS, it is further the desire of Municipality that responsibility for law enforcement within Municipality be performed by the Sheriff under the terms of this Agreement, and to the extent such activity is consistent with law.

NOW, THEREFORE, in consideration of the mutual promises contained herein and given by each party to the Agreement, the parties hereto do hereby covenant, contract, and agree as follows:

1. Recitals Included: The recitations set forth above are incorporated herein by reference in their entirety.

2. Authority to Act: Municipality does hereby vest in the Sheriff of Baldwin County including each sworn officer and deputy of the Sheriff, who from time to time may be assigned under this Agreement the police powers of Municipality which are necessary to implement and carry forth the services, duties, and responsibilities hereby imposed upon the Sheriff. The Sheriff and any officers of the Sheriff are hereby vested, without limitation, with the power to enforce the ordinances of Municipality, to make arrests incident to the enforcement thereof, and to do such other things and perform such other acts as are necessary with respect thereto.

3. Enforcement of Laws: The Sheriff shall, to the extent allowed by law, enforce Federal, State and local laws applicable within the jurisdiction of the Municipality. The deputies provided under this Agreement by the Sheriff will have a general familiarity with the code of ordinances of Municipality, and Municipality will provide adequate copies of books of ordinances of Municipality for this purpose at no cost to the Sheriff.

4. Purpose: The purpose of this Agreement shall be to provide Municipality and the citizens represented by Municipality with enhanced law enforcement by and through the Baldwin County Sheriff’s Office.

5. Term: This Agreement shall take effect on May 11, 2015 and extend until May 25, 2015. Any party may terminate this Agreement without cause or further liability to the other, except as to the indemnification provided herein, upon thirty (30 days written notice to the other parties to this Agreement. Said notice shall be deemed delivered when a copy is delivered to the other parties and receipt therefore signed by the other parties. Notwithstanding this provision, nothing herein written shall bind the Office of Page 2

Sheriff or the County beyond the current term of office of the currently-elected Sheriff. In the event that the terms herein written in any way conflict with the dates associated with the Sheriff’s term of office, then this Agreement shall become void, without any liability therefore, immediately upon the request of either the Sheriff or the County.

6. Notice: Notices required to be given hereunder shall be given to the following persons:

(a) Sheriff of Baldwin County, AL 310 Hand Ave. Bay Minette, AL 36507;

(b) City of Gulf Shores Mayor Robert Craft PO Box 299 Gulf Shores, AL 36547

7. Provision of Services by the County: The County is hereby acting in approval and

agreement of the sufficiency of the funds as provided by the Municipality for the anticipated services. Notwithstanding this approval, however, the County in no way guarantees that said sum will continue to be sufficient for services rendered by the Sheriff. The Parties further agree that this Agreement in no way binds the County to provide, without limitation, any additional funds, equipment, facilities, resources, as to include but not limited to, patrol vehicles, insurance, benefits, necessary or unnecessary equipment for safety, investigative, management, supervisory, and dispatching needs. In the event that the funds provided by the Municipality are determined by the Sheriff to no longer be sufficient to fund the service levels provided or to fulfill the expected duties described herein, the County shall in no way be bound to provide or make up any such shortfalls associated therewith.

8. Provision of Services by the Sheriff: The Sheriff agrees to enhance law enforcement services within the jurisdiction of the Municipality.

9. Personnel: Notwithstanding anything herein to the contrary, the Sheriff retains the complete and sole authority concerning, without limitation, the direction, hiring, training, assignment, discipline, and dismissal of any Deputy Sheriff, including any other officer acting on behalf of the Sheriff, in the performance of services under this Agreement. Any deputy or officer performing services under this agreement shall do so in accordance with his duties as an employee of the Baldwin County Sheriff’s Department and consistent with all training and direction from the Sheriff. The Municipality does hereby reserve the right and the Sheriff does hereby acquiesce in Municipality's right to request that the Sheriff transfer such personnel who, in the determination of Municipality, fail to perform in a manner consistent with the standards contemplated herein. Such determination to transfer personnel shall, however, be made at the sole discretion of the Sheriff.

10. Arrests, Crimes, Fines and Forfeitures: Arrests and criminal charges for violation of municipal ordinances are to include, without limitation, uniform traffic citations and all prosecutions therefore. Such arrests and criminal charges shall be returnable to and in the jurisdiction of the City of Gulf Shores Municipal Court, if the Municipality staffs and maintains such a court system and the Municipality elects to have such actions prosecuted therein; Page 4

otherwise, such charges will be returnable to and prosecuted in the District Court of Baldwin County. All fines and forfeitures rendered in any court as a result of such charges made by the contract deputy, within the municipal limits and its police jurisdiction shall be distributed to the Municipality as provided by the laws of the State of Alabama and the rules of the District and Circuit Courts of Baldwin County.

11. Municipal Law Enforcement Policy: The Sheriff may confer with the Municipality

regarding law enforcement problems within the Municipality and may consider general policy direction from the Municipality. Such consideration may include direction concerning how its services are delivered, and to what geographic area of the Municipality a particular type or level of service should be delivered, in order to counteract law enforcement problems within the Municipality. In the event that a concern arises over the general policy direction of the Municipality, the Sheriff may meet and confer with the Municipality on policy matters regarding the delivery of such services and attempt to resolve any dispute or misunderstanding between them. The deputy or deputies assigned under this Agreement, however, shall, at all times, remain under the singular and exclusive control of the Sheriff. They shall not be controlled by, nor shall they be under the authority of, the Municipality, and nothing in this Agreement shall be construed to give Municipality the right of control over the deputy or the deputy’s time.

12. Sheriff's Status: Nothing in this Agreement shall be deemed to make the Sheriff or any

of his deputies an agent, servant, or employee of Municipality, or to otherwise diminish the power and authority vested in the Sheriff and his sworn officers, as officials of the State of Alabama. The Sheriff, for the purposes of this Agreement, is and shall remain an independent contractor; provided, however, such independent contractor status shall not diminish the power and authority vested in the Sheriff and his sworn officers.

13. Liability of Municipality and Sheriff: Neither the Sheriff nor the County will defend or

pay any judgment against the Municipality arising out of any act or omission or alleged act or omission of the Sheriff or any deputy, as law enforcement personnel, or any other employees of the Sheriff performing services under this Agreement. All suits and claims against deputies and the Sheriff that may be filed from time to time hereunder shall be handled by the Sheriff in accordance with normal procedures. The Sheriff may defend such lawsuits or claims against the deputies. Nothing contained herein shall be construed to limit or modify the laws of Alabama as the same may apply to the County, the Municipality and the Sheriff or in any way diminish any immunity, absolute or qualified, to which the County, the Sheriff and Municipality are otherwise entitled by law. Page 5

14. Indemnification: Municipality shall indemnify, defend and hold County and its affiliates, employees, agents, and representatives (collectively “COUNTY”) harmless from and against any and all claims, demands, liabilities, damages, losses, judgments, costs, and expenses including, without limitation, attorneys’ fees, for any and all personal injury (including death) and property damage of any kind or nature whatsoever, incurred by, asserted against, or imposed upon County, as a result of any acts or omissions by the Sheriff within the scope and under the terms of this agreement. This indemnification shall survive the expiration of this Agreement. Nothing in this Agreement shall be construed as waiving the limitations on municipal liability under Alabama law.

15. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the same shall be severed from this Agreement, and the remainder of this Agreement shall continue in full force and effect.

16. Entire Agreement: This Agreement reflects the full and complete understanding of the parties to it and may be modified or amended only by a document in writing executed by all the partied hereto and executed with the same formality of this Agreement.

17. State Law Applicable: This Contract shall be construed under and in accordance with the laws of the State of Alabama. All obligations of the parties created hereunder are performable in Baldwin County, Alabama, and venue shall lie with those courts. IN WITNESS WHEREOF, the parties to this Agreement have caused the same to be signed by their duly authorized representatives. ATTEST: _________________________/ _____ ______________________/ ____ Charlie Jones, Chief Deputy /Date Huey Hoss Mack, / Date

Sheriff Baldwin County, AL ATTEST: ________________________/ _____ ________________________/ _____ Robert Craft, / Date Edward Delmore, /Date Mayor, City of Gulf Shores Chief, Gulf Shores Police Department Page 6

RESOLUTION NO. -15

A RESOLUTIONAUTHORIZING AND DIRECTING THE

MAYOR AND CITY CLERK TO EXECUTEAND ATTEST, RESPECTIVELY, CONTRACT

BETWEENHUEY “HOSS” MACK AS SHERIIF OF BALDWIN COUNTY

AND THE CITY OF GULF SHORESFOR LAW ENFORCEMENT SERVICES

______________________________________________________

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GULF SHORES, ALABAMA, WHILE IN REGULAR SESSION ON MAY 11, 2015, as follows:

WHEREAS, the City desires to provide an enhanced level of competent law enforcement service in conjunction and in harmony with its fiscal policies of sound, economical management; and

WHEREAS, the City desires and has requested that the Sheriff furnish law enforcement protection to the City and its inhabitants and citizens and perform any and all necessary and appropriate functions, actions, and responsibilities for law enforcement within the City to the extent herein provided; and

WHEREAS, this agreement allows the prosecution of local cases made by the deputies to be handled in Gulf Shores Municipal Court which is beneficial to all involved.

Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute and attest, respectively, a contract between the City of Gulf Shores and the Baldwin County Sheriff’s Department for Law Enforcement Services; in substantially the form presented to Council this date.

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

ADOPTED this 11th day of May, 2015.

_____________________ Robert Craft, Mayor

ATTEST:

____________________Wanda Parris, MMC City Clerk

I, Wanda Parris, MMC, City Clerk of the City of Gulf Shores, Alabama, do hereby certify that the foregoing is a true and correct copy of Resolution No. -15 (prepared by City Clerk), which Resolution was duly and legally adopted at a regular meeting of the City Council on May 11, 2015.

__________________ City Clerk