a  MIS  Dale County Commission  Commission Meeting Minutes - May 28, 2024  The Dale County Commission convened in a regular session Tuesday, May 28, 2024. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll!; District Two Commissioner Donald O. Grantham; and District Four Commissioner Frankie Wilson. Absent: District Three Commissioner Adam Enfinger Chairman McKinnon called the meeting to order at 10:00am. Commissioner Carroll opened with prayer. Commissioner Grantham followed with the Pledge of Allegiance.  APPROVED - AGENDA, MINUTES & MEMORANDUM OF WARRANTS Commissioner Grantham made a motion to approve the memorandum of warrants and minutes  and agenda.  Memorandum of Warrants:  Accounts Payable Check Numbers: 99306-99420. Payroll Check Numbers: 154967 = 154967. Direct Deposit Check Numbers: 428726-428872. Minutes: Commission Meeting of May 14, 2024.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL  Commissioner Wilson made a motion to approve the following: Gabe E. Hall - Jail - Correction Officer - New Hire. Marion Currie - Jail = Correction Officer - New Hire. Connor, J' Williams - Jail - Correction Officer - New Hire.  Commissioner Grantham seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - May 28, 2024  Page2of4  APPROVED - PERSONNEL TRAVEL  Commissioner Grantham made a motion to approve the following: Greg Daniels = Road & Bridge - SWANA Conference - 11/05-08/24.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - NEW JOB DESCRIPTIONS  Commissioner Wilson made a motion to approve additional job descriptions for a 10-day Commissioner Grantham seconded the motion, all voted aye. Motion carried.  review.  APPROVED - JAIL AD VALOREM = FUND 151  Commissioner Carroll made a motion to approve the Jail Ad Valorem expenditure for Commissioner Wilson seconded the motion, all voted aye. Motion carried.  plumbing work done at the Jail. See Exhibit 1.  APPROVED - ALABAMA'S STEPPING UP INITIATIVE  Commissioner Grantham made a motion to approve submitting a letter of interest to  participate in Alabama's Stepping Up Initiative.  Commissioner Carroll the motion, all voted aye. Motion carried.  APPROVED - ARPA- BROADBAND GRANT  Commissioner Wilson made a motion to approve to award the Broadband Expansion Grant to Pea River Electric Cooperative conditioned upon the successful negotiation of scope and Commissioner Grantham seconded the motion, all voted aye. Motion carried.  price by the Chairman and not to exceed $1,000,000.  TABLED - ARPA - AVIATION GOGGLES  Commissioner Wilson made a motion to table an ARPA expenditure for aviation goggles for  Wiregrass Aviation LLC.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - May 28, 2024  Page 3of4  APPROVED - CAPITAL FUNDS EXPENDITURE - FUND 116  Commissioner Grantham made a motion to approve Fund 116, Capital Fund expenditure in the amount of $70,000 for improvements to the County's Government Building. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - ARPA EXPENDITURE - AGPLEX. ARENA  Commissioner Carroll made a motion to approve a resolution for ARPA funds expenditure for the Dale County AgPlex Authority for improvements of the arena and a pole barn. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  See Exhibit 2.  APPROVED - ALDOT AGREEMENT  Commissioner Grantham made a motion to approve an ALDOT agreement and resolution, 2024-05-28-01, for $42,000 in emergency relief funds for a pipe replacement on CR-15. See  Exhibit 3.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - CAPITAL ASSETS  Commissioner Wilson made a motion to approve a request to surplus vehicles. Commissioner Grantham seconded the motion, all voted aye. Motion carried.  See Exhibit 4.  APPROVED - WORKF REQUEST - TOWN OF NEWTON  Commissioner Wilson made a motion to approve a work request from the Town of Newton for  work on Stanford Hill Rd. See Exhibit 5.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - WORK REQUEST - ADECA GRANT  Commissioner Carroll made a motion to approve participating in a CDBG-ED grant for Commissioner Wilson seconded the motion, all voted aye. Motion carried.  $180,000 with County participation of $36,000. See Exhibit 6.    Dale County Commission  Commission Meeting Minutes - May 28, 2024  Page4of4  ANNOUNCEMENT - NEXT REGULAR MEETING  Chairman McKinnon announced that the next regular meeting of the Dale County Commission  will be Tuesday, June 11, 2024, at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commissioner Grantham made a motion to adjourn the meeting. Commissioner Carroll Itis hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered  seconded the motion. All voted aye. Motion carried.  into the minutes of the Dale County Commission as its official actions.  SwK  Steve McKinnon, Chairman    Exhibit 1  DALE COUNTY JAIL INMATE TOILETS  CELL BLOCK1-16TOILETS-$19,960.00  CELL BLOCK2-16TOILETS-$19,960.00  CELL BOG3-2TOLB-SKEne  CELL BLOCK4-4TOILETS: S=$4,990.00  FEMALES-6TOLEIS =$7,485.00  TRUSTEE-2TOILETS-52495.00  ODNG-3TOL5-S37250 PARTS-$59,000 "$1,000 PER TOILET"  LABOR-S14,602.50 "1.5HR PER TOILET= 88.5HRS @ $ 165.00HR"  TOTAL= 59 INMATE TOILETS = $73,602.50  CPT SR    Exhibit 1  From: Steven Baxley Sbaxleyedaleso.com> Sent: Tuesday, May 21, 2024 11:20AM To: Cheryl Ganey chery-ganey@dalecountyal.gov> Subject: Re: Inmate Toilets  We are currently having multiple issues with the inmate toilets and sinks located inside of the inmates cells. The big issue is over the years stuff has been pieced together by different pluming companies and the parts are very hard to find. We had a company "Vinsons Plumbing and Electric" come and look at the flush valves and other pluming stuff that supply the inmate cells, and they agreed that we have multiple things that have been poorly pieced together causing the issues and making it difficult to find the parts. Vinsons took pictures of the existing equipment and is getting prices to get every valve put back together with the proper pieces to resolve all of the flush valve issues as well as making it much easier and quicker to get parts if we have anymore issues in the  future. the issues we are facing are listed below.  toilets not flushing. toilets leaking.  sinks not working inside inmate cells.  sinks with extremely low pressure inside inmate cells.    Exhibit 2  RESOLUTION FOR CONDITIONAL ALLOCATION OF AMERICAN RESCUE PLAN ACT FUNDS FOR GOVERNMENT SERVCIES AND DELEGATION OF AUTHORITY TO EXECUTE FUNDING AGREEMENT FOR EXPENDITURE OF FUNDS WHEREAS, Dale County, Alabama (the County") has received. American Rescue Plan Act state and local fiscal recovery funds ("ARPA funds") and is charged with ensuring that such funds are expended  ina accordance with state andi federal law; and  WHEREAS, under the Final Rule published by the United States Department of Treasury dated January 6, 2022, the County has elected to designate a standard allowance of up to $10,000,000 ofi its ARPA funds, not to exceed the County's total ARPA funds award, as revenue replacement ("Revenue  Replacement funds"); and services; and  WHEREAS, the County may expend designated Revenue Replacement funds for government WHEREAS, pursuant to 603(c)(3) oft the ARPA, PL 117-2, March 11, 2021, 135 Stat 4, the County WHEREAS, consistent with Code of Alabama (1975): S 11-20-76, the County may contract with locally established agricultural authorities tos support projects for the promotion of agricultural and economic  may transfer ARPA funds to eligible entities to carry out eligible ARPA funded projects; and  development in the County; and  WHEREAS, the Dale County Commission ("Commission') has determined that providing funds to make improvements to the Dale County AgPlex including, but not limited to, the construction ofa a pole barn and improvements tot the current facility (the' Project'), will benefit the people of the County; and  WHEREAS, the Commission has determined that entering into at funding agreement with the Dale County AgPlex Authority tos support the Project is a necessary, eligible, and reasonable use of these funds.  NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION as follows:  1)  The County hereby designates up to $150,000 of ARPA funds, designated as Revenue  Replacement funds, tot facilitate the provision oft the government services described herein. Specifically, these funds are to be used to cover costs reasonably necessary to construct the Project.  2)  This allocation is conditioned upon the successful negotiation of a funding agreement  between the County and the Dale County AgPlex Authority and incompliance with all applicable state and  federal laws, as well as the terms and conditions of the County's ARPA award.  3) 4)  The Commission hereby directs the County Administrator to negotiate the terms and The Chairman of the Commission is hereby delegated the authority to enter intot the  conditions of a funding agreement with the Dale County AgPlex Authority consistent with this Resolution. funding agreement ift the agreement is consistent with this Resolution andi if, in! his discretion, the terms and  conditions are in thel best interest oft the County.    Exhibit 2  5) agreement. 6)  Upon execution oft thef funding agreement, the County Administrator is hereby authorized  toe expend ARPA funds for costs oft the project in accordance with this Resolution and this funding  The ARPA Program Director is charged with ensuring that Revenue Replacement funds  allocated and expended to provide these government services will not be usedi in such a way as to frustrate COVD-19 mitigation guidance issued by the Centers for Disease Control, or for any other use prohibited by  the Final Rule or any applicable state or federal law.  7)  Expenditure of these funds, as authorized by this Resolution, shall be contingent on the  continued appropriation and availability of ARPA funds for this purpose andi in no event shall be used for any costs associated with the project that are not obligated on or before December 31, 2024, and  expended on or before December 31, 2026.  IN WITNESS WHEREOF, the Dale County Commission has caused this Resolution to be executed  ini its name and oni its behalf byi its Chairman oni the 14th day of May 2024.  Sfo hK Steve McKinnon, Chairman Dale County Commission    Exhibit 3  AL EVENT #059 DALE-01  CONSTRUCTION AGREEMENT FORA A ER PROJECT  BETWEEN THE: STATE OF ALABAMA DALE COUNTY COMMISSION Project No. ER-9079( ) CPMS Ref# 100078631 PART ONE (1): INTRODUCTION  ANDTHE  This Agreement is made and entered into by and between the State of Alabama (acting by and through the. Alabama Department ofTransportation), hereinafter referred to as the STATE; and the Dale County Commission, Alabama (FEIN 63-6001505): hereinafter referred to as the WHEREAS, the STATE and the COUNTY desire to cooperate to replace a metal pipe culvert on CR-15,0.61 miles south ofC CR-68; LAT.31.599762, LONG. -85.606420; FHWA Disaster #AL 2024-01; ALDOT Event 059; Dale-01; ER-9079( ); CPMS Ref# 100078631. NOW, THEREFORE, iti is mutually agreed between the STATE and the COUNTY as  COUNTY.  follows:  PART TWO (2): FUNDING PROVISIONS  A. Project Funding: Funding for this Agreement is subject to availability of Federal Aid funds at the time ofauthorization. The STATE will not be liable for Federal Aid Funds in any amount. All estimated costs considered Emergency Repairs will be financed, when eligible for Federal participation, on a basis of 100% Federal Emergency Relief Funds for all work performed during the first 270 days from the date of occurrence oft the event. All work performed after this date will be funded on the basis of 80% Federal Emergency! Relief Funds and 20% COUNTY funds. Any cost not eligible for Federal reimbursement will be financed All estimated costs considered Permanent Repairs will be financed, when eligible for Federal participation, on the basis of 80% Federal Emergency Relief funds and 20% County funds. Any cost not eligible for Federal reimbursement will be financed 100% by the County. B. The estimated cost and participation by the various parties is as follows:  100% by the COUNTY.  EMERGENCY REPAIRS CONSTRUCTION  FUNDING SOURCE Emergency Federal Relief Funds County Funds TOTAL (Incl CE&I)  ESTIMATEDCOSTS 42,982.00 0.00 42,982.00  $ $ $    Exhibit 3  AL: EVENT #059 DALE-01  Itis further understood that this is a cost reimbursement program and no federal funds will be provided to the COUNTY prior to accomplishment oft the work for which itis requested. Furthermore, no federal funds will be reimbursed prior to project authorization of Emergency Repairs and for work performed prior to project authorization of Any cost incurred by the COUNTY relating to this project which is determined to be ineligible for reimbursement by the Federal Highway Administration (FHWA), or in excess oft the limiting amounts previously stated, will not be an eligible cost to the project C. Time Limit: This project will commence upon written authorization to proceed from the The approved allocation of funds for projects containing Federal Emergency Relief funds should advance to completion within a reasonable period oft time. Unless there is satisfactory justification for project delays to warrant its retention, projects for permanent repairs shall be advanced to construction obligation by the end oft the second fiscal year following the year in which the disaster occurred. Failure to advance an approved project int the above stated time frame without proper justification shall result in the withholding of funds, and the project will not be advanced [23 CFR 668.104(H)). Justification for such delays and requests for time extensions must be submitted and approved by the  Permanent! Repairs.  and will be borne and paid by the COUNTY. STATE directed to the COUNTY.  STATE and! FHWA.  PARTTHREE (3): PROJECT SERVICES  A. The COUNTY will furnish all Right-of-Way for the project.. Associated: Right-of-Way, acquisition costs will not be an eligible cost as part ofthis Agreement. The Right-of-Way acquisition phase is hereby defined as the appraisal fees, appraisal review fees and the All work accomplished under the provisions oft this Agreement will be accomplished on property, owned by or which will be acquired by the COUNTY in accordance with applicable Federal and state laws, regulations, and procedures. Any exceptions to this requirement must be approved by the STATE in writing prior to incurring, costs for which reimbursement is requested by the COUNTY. In cases where property is leased, or easements obtained, the terms oft thel lease or easement will not be less than the expected Acquisition ofi real property by the COUNTY as aj part oft this project will conform to and bei in accordance with thej provisions of the Federal Uniform Relocation Assistance & Real Property Acquisition Policies Act (49 CFR 24, Subpart B), all federal environmental Any property or property interests acquired shall be in the name ofthe COUNTY with any condemnation or other legal proceedings being performed by the COUNTY. The COUNTY shall follow all Federal regulations related to the Management, Leasing, and Disposal of Right-of-Way, uneconomic remnants and excess Right-of-Way, as found in CFR 23 $ 710 Subpart D. Proceeds for Leases and Disposals shall be credited to the No change in use or ownership of real property acquired or improved with funds provided under the terms of this Agreement will be permitted without prior written approval from the STATE or FHWA. The STATE or FHWA will be credited on a prorata share, as provided in Part Two, Section B, any revenues received by the COUNTY from B. The COUNTY will relocate any utilities in conflict with the project improvements in accordance with applicable Federal and State laws, regulations, and procedures. Associated Utility costs will not be an eligible cost as part of this Agreement.  cost of acquisition incurred.  life oft the improvements.  laws, and all other applicable state and federal laws.  Project or to the Title 23 Collector Account.  the sale or lease of property.  2    Exhibit 3  AL EVENT #059 DALE-01  C.T The COUNTY will conduct the associated Survey, Design, Plan Preparation, and Preliminary Engineering for the project with COUNTY forces or with a consultant approved by the STATE to not be an eligible cost as part oft this Agreement. Ifany Associated Survey, Design, Plan Preparation, and Preliminary Engineering costs are an eligible cost to the project, the COUNTY will develop and submit to the STATEa project budget for approval. This budget will bei in such form and detail as may be required by the STATE. Atal minimum, all major work activities will be described, and an estimated cost and source off funds will be indicated for each activity. A signature line will bej provided for approval by the Region Engineer and date ofs such approval. All costs for which the COUNTY seeks reimbursement must be included in a budget approved by the STATE in order to be considered for reimbursement. Budget adjustments may be necessary and may be allowed, subject to the approval oft the STATE in writing, in order to successfully carry out the project. However, under no circumstances will the COUNTY be reimbursed for expenditures over and beyond the The COUNTY will undertake the project in accordance with this Agreement, plans approved by the STATE and the requirements, and provisions, including the documents relating thereto, developed by the COUNTY and approved by the STATE. The plans, including the documents relating thereto, are ofr record in the Alabama Department of Transportation and are hereby incorporated in and made a part ofthis Agreement by reference. Iti is understood by the COUNTY that failure of the COUNTY to carry out the project in accordance with this Agreement and approved plans, including documents related thereto, may result in the loss oft federal or state funding and the refund ofany Projects containing Industrial Access funds or State funds, with no Federal funds involved, shall have completed original plans furnished to the STATE in accordance with the Guidelines for Operations for Procedures for Processing State and Industrial. Access Funded County and City Projects, and attached hereto as aj part oft this Agreement prior D. The COUNTY will furnish. all construction engineering for the project with COUNTY forces or with a consultant approved by the STATE: as part of the cost oft the project. Construction Engineering & Inspection cost are not to exceed 15%, without prior approval by the State. Associated Construction Engineering & Inspection costs will be an E. The STATE will furnish the necessary inspection and testing ofr materials when needed as part oft the cost oft the project. The COUNTY may request the use ofa an approved third- party materials inspection and testing provider, as approved by the STATE.  amount approved by the STATE.  federal or state funds previously received on the project.  to the COUNTY letting the contract.  eligible cost as part oft this Agreement.  PART FOUR (4): CONTRACT PROVISIONS  A. The COUNTY shall not proceed with any Permanent Repair project work covered under the provisions ofthis Agreement until the STATE issues written authorization to the B. Associated Construction cost will be an eligible cost as part of this Agreement. For projects let to contract by the STATE, the STATE will be responsible for advertisement and receipt ofbids and the award oft the Contract. Following the receipt of bids and prior to the award oft the Contract, the STATE will invoice the COUNTY for its pro rata share oft the estimated cost as reflected by the bid oft the successful bidder plus Engineering & Inspection and Indirect Costs (ifa applicable). The COUNTY shall pay this amount to the STATE: no later than 30 days after the date bids are opened. Failure to do For projects let to contract by the COUNTY, the COUNTY shall comply with all Federal and State laws, rules, regulations and procedures applicable to the advertisement, receipt ofbids, and the award oft the contract. The COUNTY will, when authorized by the  COUNTY to proceed.  sO may lead to the rejection of the bid.  3    Exhibit 3  AL EVENT #059 DALE-01  STATE, solicit bids and make awards for construction and/or services pursuant to this Agreement. The COUNTY shall nots solicit bids until the entire bid package (plans, specifications, estimates, etc.) has been reviewed and approved by the STATE. Following receipt oft bids, the COUNTY will provide all bids to the STATE with a recommendation for award. The COUNTY shall not award the contract until it has Forj projects with approval by the STATE to use COUNTY Forces, the Construction for the project will bej performed by the COUNTY at actual costs for labor, materials, and The purchase of project equipment and/or services financed in whole or inj part pursuant to this Agreement will be in accordance with applicable Federal and State laws, rules, regulations, and procedures, including state competitive bidding requirements applicable to counties and municipalities in the State of Alabama when the purchase is made by any . I Ifnecessary, the COUNTY will file an Alabama Department of Environmental Management (ADEM) National Pollutant Discharge Elimination System (NPDES) Notice ofl Registration (NOR)(Code Chapter 335-6-12) for this project without cost to the State or this project. The COUNTY willl be the permittee of record with ADEM for the permit. The COUNTY and the contractor will be responsible for compliance with the permit and the State will have no obligation regarding the permit. The COUNTY will furnish the State (Region) a copy ofthe permit prior to any work being performed by the The COUNTY will secure all permits and licenses ofe every nature and description applicable to the project in any manner; conform to and comply with the requirements of any such permit or license; and comply with each and every. requirement of any and all agencies, and of any and all lawful authorities having jurisdiction or requirements D. The COUNTY will comply with the Alabama Department ofTransportation Standard Specifications for Highway Construction, Latest Edition, on this project and will ensure that work associated on this project meets the standards oft the. Alabama Department of Transportation, and the project will be built in accordance with the approved plans. E. The COUNTY shall be responsible at all times for all ofthe work performed under this Agreement and, as provided in Ala. Code S 11-93-2(1975), the COUNTY shall indemnify and hold harmless the State of Alabama, The Alabama Department of Transportation, its officers, officials, agents, servants, and employees. For all claims not subject to Ala. Code S 11-93-2(1975), the COUNTY shall indemnify and hold harmless the State of Alabama, the Alabama Department ofTransportation, its officers, officials, agents, servants, and employees from and against any and all damages, claims, loss, liabilities, attorney's fees or expense whatsoever or any amount paid in compromise thereof arising out of, connected with, or related to the (1) work performed under this Agreement, (2) the provision ofa any services or expenditure of funds required, authorized, or undertaken by the COUNTY pursuant to the terms oft this Agreement, or (3)misuse, misappropriation, misapplication, or misexpenditure of any source of funding, compensation or reimbursement by the COUNTY, its officers, officials, agents, F. For all claims not subject to Ala. Code $ 11-93-2(1975), the COUNTY will be obligated for the payment of damages occasioned toj private property, public utilities or the general public caused by the legal liability (in accordance with Alabama and/or Federal law)of G. Upon completion and acceptance ofthis project by the State, the COUNTY will assume full ownership and responsibility for thej portion oft the project work on COUNTY right- of-way and maintain thej project in accordance with applicable State law and comply with  received written approval from the STATE. equipment, as approved by the STATE.  such entity.  contractor.  applicable to the project or to the project activities.  servants, and employees.  the COUNTY, its agents, servants, employees or facilities.  the Department'sLocal Road Maintenance Certification Policy.  4    Exhibit 3  AL EVENT #059 DALE-01  PART FIVE (5): ACCOUNTING PROVISIONS  A. The COUNTY will, when appropriate, submit reimbursement invoices to the STATE for work performed in carrying out the terms oft this Agreement. Requests for reimbursement will be made on forms provided by the STATE and will be submitted through the Region Engineer for payment. The COUNTY may invoice the STATE not more often than once per month for the funds due for work performed under this Agreement. Invoices for payment will be submitted in accordance with state law and willi indicate that the payment is due, true, correct, and unpaid, and the invoice will be notarized. Invoices for any work performed under the terms oft this Agreement will be submitted within twelve (12); months after the completion and acceptance by the STATE of the work. Any invoices submitted after this twelve-month period will not be eligible for payment. B. The COUNTY will not assign any portion oft the work to be performed under this Agreement or execute any. contract, amendment or change order thereto, or obligate itself ina any manner with any third party with respect to its rights and responsibilities under this C. The COUNTY will establish and maintain a cost accounting system that must be adequate and acceptable to the STATE as determined by the auditor ofthe STATE. All charges to the Project will be supported by properly executed invoices, contracts, or vouchers, as applicable, evidencing in proper detail the nature and propriety oft the charges in accordance with the requirements oft the STATE. All checks, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or inj part tot the project will be clearly identified, readily accessible and to the maximum extent The COUNTY will report to the STATE: the progress of the project in such manner as the STATE may require. The COUNTY will also provide the STATE: any information requested by the STATE: regarding the project. The COUNTY will submit to the STATE financial statements; data, records, contracts and other documents and items ofany respect related to the project as may be requested by the STATE. The COUNTY will permit the STATE, the Comptroller General oft the United States, and the Secretary oft the USDOT, or either oft them or their respective authorized representatives, toi inspect, at any time, vehicles and equipment utilized or used in performance oft the project and any and all data and records which in any way relate to the project or to the accomplishment of the project. The COUNTY will also permit the above noted persons to audit the books, records and accounts pertaining to the project at any and all times, and the COUNTY will give its full cooperation to those persons or The COUNTY will comply with all audit requirements set forth in the 2 CFR Part 200 requirements, or the most current version oft those requirements under federal law. D. The COUNTY will retain all books, records, and other documents relative to this Agreement for a minimum ofthree (3)years after project termination, expiration of Federal interest, or close out, and the STATE, the Comptroller General oft the United States, and the Secretary ofthe USDOT, or either of them or their respective authorized representatives, will have full access to and the right to examine any of said materials at E. Any user fee or charge to the public for access to any property or services provided through the funds made available under this Agreement, ifnot prohibited by a Federal, State or local law, must be applied for the maintenance and long-term upkeep oft the F. An audit report must be filed with the Department of Examiners of] Public Accounts, upon receipt by the COUNTY, for any audit performed on this project in accordance with  Agreement, without the prior written approval oft the STATE.  feasible, kept separate and apart from all other such documents.  their authorized representatives, as applicable.  all reasonable times during said period. project authorized by this agreement.  Act] No. 94-414.  5    Exhibit 3  AL EVENT #059 DALE-01  PART SIX (6): MISCELLANEOUS PROVISIONS  A. By entering into this Agreement, the COUNTY is not an agent of the STATE, its officers, employees, agents or assigns. The COUNTY is an independent entity from the STATE, and nothing in this Agreement creates an agency relationship between the parties. B. Itis agreed that the terms and commitments contained in this Agreement shall not constitute a debt oft the State of Alabama in violation of Article 11, Section 213 ofthe Constitution of Alabama, 1901, as amended by. Amendment 26. Iti is further agreed that, ifany provision oft this Agreement shall contravene any statute or Constitutional provision or amendment, either now in effect or which may be enacted during the term of this Agreement, then the conflicting provision in this agreement shall be deemed null and C. By signing this Agreement, the contracting parties affirm, for the duration oft the Agreement, that they will not violate Federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found tol bei in violation oft this provision shall be deemed in breach ofthe Agreement and shall be responsible for all damages resulting D. No member, officer, or employee oft the COUNTY, during their tenure of employment and for one year thereafter, shall have any interest, direct or indirect, in this Agreement or E. The terms ofthis Agreement may bei modified by revision ofthis Agreement duly F. This Agreement may be terminated by either party upon the delivery ofa thirty (30) day G. Nothing shall be construed under the terms oft this Agreement that shall cause any H. Exhibits A, E,H, M, and N are hereby attached to and made a part oft this Agreement.  void.  therefrom.  the proceeds, profits, or benefits therefrom. executed by thej parties hereto. notice oft termination.  conflict with Section 23-1-63, Code of Alabama, 1975.    Exhibit 3  AL EVENT #059 DALE-01  IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by those officers, officials and persons duly authorized to execute same, and the Agreement is deemed to be dated and to be effective on the date hereinafter stated as the date ofits  approval by the Governor of Alabama.  ATTEST: By:.  Dale County, Alabama 5h AR As Chairman (Signature) Shumsae Print Name of Chairman  By:  County Clerk( (Signature) A6 Print Name of Clerk Tbay (AFFIX SEAL)  This agreement has been legally reviewed and approved as to form and content.  By:  William F. Patty ChiefCounsel  RECOMMENDED FOR APPROVAL:  Steve Graben, P.E. Southeast Region Engineer  Bradley B. Lindsey, P.E. State Local Transportation Engineer  Edward N. Austin, P. E. Chief Engineer  STATE OF ALABAMA, ACTING BY ANDTHROUGH THE. ALABAMA DEPARTMENT OFTRANFORTATION  John R. Cooper, Transportation Director  THE WITHIN AND FOREGOING AGREEMENT IS HEREBY EXECUTED AND  SIGNED BY THE GOVERNOR ON THIS  DAY OF  20  KAYIVEY 7  GOVERNOR, STATE OF ALABAMA    Exhibit 3  ALE EVENT #059 DALE-01  RESOLUTION NUMBER 20246528-0L  BE: IT RESOLVED, by the Dale County Commission as follows: Alabama Department ofTransportation relating to aj project for:  That the County enter into an agreement with the State of Alabama, acting by and through the To replace a metal pipe culvert on CR-15, 0.6 miles south of CR-68; LAT. 31.599762, LONG. -85.606420; FHWA Disaster #AL 2024-01; ALDOT Event 059; Dale-01;  ER-9079( ); CPMS Ref# 100078631.  Which agreement is before this Commission, and that the agreement be executed in the name of the County, by the Chairman for and on its behalf and that it be attested by the County Clerk and BE IT FURTHER RESOLVED, that upon the completion oft the execution of the agreement by Ithet undersigned qualified and acting Clerk ofDale County, Alabama, do hereby certify that the above and foregoing is a true copy of a resolution lawfully passed and adopted by the County named therein, at al regular meeting of such Commission held on the 2 of day of myo2mat that such resolution is on file ini the County Clerk'sOffice.  the official seal oft the County be affixed thereto.  all parties, that a copy ofs such agreement be kept on file by the County.  ATTESTED  sh AS  Clerk County 284 of Minute Rosge of the CIAY  Chairman  Chlby  20  and that such resolution is ofrecord in the  INI WITNESS WHEREOF, Ihave hereunto set my hand and affixed the official seal of the County on this 28day of pa4 2024  County Clerk  Caky  (AFFIX'SEAL)  8    Exhibit 3  ALI EVENT #0591 DALE-01 STD CONTRACTE EXHIBITS  REV. 9/19/16  EXHIBIT A  PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN FEDERAL- Policy. Itis the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this AGREEMENT. Consequently, the DBE requirements. of 49 CFR Part 26 apply to this DBE Obligation. The recipient of funds under the terms of this AGREEMENT agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or inj part with Federal funds provided under this agreement. The recipient shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to see that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts and shall not discriminate on the basis ofrace, color, national origin, or sex in the award and performanceofu.s. Department Failure of the recipient of funds under the terms of this AGREEMENI, or failure of its subcontractor (if a subcontractor is authorized) to carry out the DBE requirements of this AGREEMENT shall constitute a breach of contract, and may result in termination ofthe contract by the STATE, or such other remedy may be undertaken by the STATE as it deems appropriate.  AID PROGRAM  AGREEMENT.  ofTransportation assisted contracts.  9    Exhibit 3  AL EVENT #059 DALE-01 STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT! E  TERMINATION OR ABANDONMENT  a. The STATE: has the right to abandon the work or to amend its project at any time, and such action on its part shall ini no event be deemed a breach of contract. b. The STATE has the right tot terminate this AGREEMENT: ati its sole discretion without cause and make settlement with the COUNTY upon an equitable basis. The value of the work performed by the COUNTY prior to the termination of this AGREEMENT shall be determined. In determining the value of the work performed, the STATE 1. The ratio of the amount of work performed by the COUNTY prior to the termination of the. AGREEMENT to the total amount ofwork contemplated by 2. The amount of the expense to which the COUNTY is put in performing the work to be terminated in proportion to the amount of expense to which the COUNTY would have been put had hel been allowed to complete the total work contemplated. by the AGREEMENT, less any payments previously made. In determining the value of the work performed by the COUNTY prior to the termination, no consideration will be given toj profit, which the COUNTY might have made on the uncompleted portion of the work. If the termination is brought about as a result of unsatisfactory performance on the part of the COUNTY, the value of the work performed by the COUNTY prior to termination shall be fixed solely on the ratio ofthe amount of such work to the  shall consider the following:  this AGREEMENT less any payments previously made.  total amount ofwork contemplated by this AGREEMENT.  CONTROVERSY  In any controversy concerning contract terms, or on a question of fact in connection with the work covered by this project, including compensation for such work, the decision oft the Transportation Director regarding the matter in issue or dispute shall be final and conclusive ofall parties.  CONTRACT: BINDING ON SUCCESSORS. AND ASSIGNS  a. This contract shall bel binding upon the successors and assigns oft thei respective parties b. Should the AGREEMENT be terminated due to default by COUNTY, such termination shall bei in accordance with applicable Federal Acquisition Regulations.  hereto.  10    Exhibit 3  AL EVENT #059. DALE-01 STD CONTRACTI EXHIBITS  REV. 9/19/16  EXHIBIT. H Page 1  EQUAL RIGHTS PROVISIONS interest agrees as follows:  During the performance of this contract, the COUNTY for itself, its assignees and successors in  a. Compliance with Regulations  The COUNTY will comply with thel Regulations ofthe Department ofTransportation relative to nondiscrimination in federally-assigned programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, as amended by 23 CFR 710-405(b), hereinafter referred to as the Regulations), which are herein During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not Title VI ofthe Civil Rights Act of 1964 (42 U.S.C. $ 2000d et. seq., 78 stat. 252), (prohibits discrimination on the basis ofr race, color, national The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. $ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal-Aid Highway Act of 1973, (23 U.S.C. $3 324 et seq.), (prohibits Section 504 ofthe Rehabilitation Act of 1973, ,(29U.S.C. $ 794 ets seq.), as amended, (prohibits discrimination on the basis of disability); and 49 The Age Discrimination Act of 1975, as amended, (42 U.S.C. $6 6101 etseq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC $4 471, Section 47123), as amended, (prohibits discrimination based on race, creed, The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope, coverage and applicability of Title VI oft the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities ofthel Federal-aid recipients, sub-recipients and contractors, whether such] programs or activities arel Federally funded or not); Titles II and III ofthe. Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. $S 12131- 12189) as implemented by Department ofTransportation regulations  incorporated by reference and made aj part ofthis contract.  limited to:  Pertinent Non-Discrimination Authorities:  origin); and 49 CFR Part 21.  Federal or Federal-aid programs and projects); discrimination on the basis ofs sex);  CFR Part 27;  color, national origin, or sex);  at49 C.P.R. parts 37 and 38;  11    Exhibit 3  AL: EVENT #059 DALE-01 STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBITH Page 2  The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. $ 47123) (prohibits discrimination on the basis of race, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access toyour programs (701 Fed. Reg. at 74087to 74100); Title IX ofthe Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education  color, national origin, and sex);  and low-income populations;  programs or activities (20U.S.C. 1681 ets seq).  b. Nondiscrimination  In accordance with Title VIoft the Civil Rights Act, as amended, 42 U.S.C. $ 2000d, Section 303 of the. Age Discrimination Act of 1975, as amended, 42 U.S.C. $ 6102, Section 202 of the. Americans with Disabilities Act of 1990, 42 U.S.C. $ 12132, and Federal transit law at 49 U.S.C. $ 5332, the COUNTY agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. The COUNTY will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices where the contract covers a program set The COUNTY will comply with all provisions of Executive Order 11246 of September 24, 1965 as amended by Executive Order 11375, and of the rules, regulations (41 CFR, Part 60) and relevant orders ofthe Secretary ofLabor. Ina all solicitations either by competitive bidding or negotiation made by the COUNTY for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by the COUNTY of the COUNTY'S obligation under this contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex The COUNTY will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books,  forth in Appendix B oft the Regulations.  Solicitations  or national origin. d. Information and Reports  12    Exhibit 3  ALI EVENT #059 DALE-01 STD CONTRACTEXHBIES  REV. 9/19/16  EXHIBITI H Page3  records, accounts, other sources ofinformation andi its facilities as may be determined by the STATE or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a COUNTY is in the exclusive possession of another who fails or refuses tof furnish this information, the COUNTY shall SO certify to the STATE, or thel Federal Highway Administration as appropriate, and shall set forth what efforts it has made Int the event of the COUNTY'S noncompliance with the nondiscrimination provisions provided for herein, the STATE shall impose such contract sanctions as it may 1. withholding of payments to the COUNTY under contract until 2. cancellation, termination or suspension oft the contract, in whole  to obtain the information. Sanctions for Noncompliance  determine to be appropriate, including but not limited to,  the COUNTY complies, and/or  ori inj part.  f. Incorporation of Provisions  The COUNTY will include thei foregoing provisions a. through f.i ine every subcontract, including procurements oft materials and leases of equipment, unless excepted by the Regulations, orders or instructions issued pursuant thereto. The COUNTY will take such action with respect to any subcontract, procurement, or lease as the STATEmay direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a COUNTY becomes involved in, or is threatened with, litigation with subcontractors, suppliers, or lessor as ai result of such direction, the COUNTY may request the STATE to enter into such litigation Equal Employment Opportunity The following equal employment opportunity 1. Race. Color, Creed, National Origin. Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. $ 2000e, and Federal Transit laws at 491 U.S.C. $ 5332, the COUNTY agrees to comply with all applicable equal employment requirements ofU.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating tol Equal Employment Opportunity," 42 U.S.C. $ 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course ofthel Project.  to protect the interest of the STATE. requirements apply to the underlying contract:  13    Exhibit 3  ALI EVENT #059 DALE-01 STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT. H Page 4  The COUNTY agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates ofpay or other forms of compensation; and selection for training, including apprenticeship. In addition, the COUNTY agrees to comply with any implementing requirements FTA: may issue. 2. Age - In accordance with Section 4 of the Age Discrimination in Employment Actof1967, as amended, 29U.S.C. S 623 and Federal transit law at 49 U.S.C. S 5332, the COUNTY agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the COUNTY agrees to comply with any implementing 3. Disabilities - In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42U.S.C.S $ 12112, the COUNTY agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions ofthe. Americans with) Disabilities Act,"29C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing  requirements FTA may issue.  requirements FTA may issue.  COST PRINCIPLES  The STATE'S cost] principles for usei in determining the allowability ofanyi item ofcost, both direct and indirect, in this AGREEMENT, shall be the applicable provisions of Volume I Federal Acquisition Regulations, Parts 30 and 31. The COUNTY shall maintain costs and supporting documentation in accordance with the Federal Acquisition Regulations, Parts 30 and 31 and other Regulations referenced with these Parts where applicable. The COUNTY shall gain an understanding of these documents and regulations. The applicable provisions of the above referenced regulations documents are hereby incorporated by reference herein as iff fully set forth.  EXECUTORY CLAUSE AND NON-MERIT SYSTEM STATUS  a. The COUNTY specifically agrees that this AGREEMENT shall be deemed executory only to the extent ofmoneysa available, andi no liability shall be: incurred by the STATE  beyond the moneys available for this purpose.  14    Exhibit 3  AL) EVENT #059 DALE-01 STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT H Page 5  b.  The COUNTY, in accordance with the status ofCOUNTY as an independent contractor, covenants and agrees that the conduct ofCOUNTY will be consistent with such status, that COUNTY will neither hold COUNTY out as, or claim tol be, an officer or employee oft the STATE by reason hereof, and that COUNTY will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee oft the STATE under the merit system or any other law of Alabama, including but not limited to workmen's compensation coverage, or retirement membership or credit or any Federal employment law. This paragraph also applies in like manner to the employees ofCOUNTY.  COUNTYS CERTIFICATIONS  The COUNTY by acceptance of this contract certifies that the rates or composition of cost noted in Article IV - PAYMENTS are based on the current actual hourly rates paid to employees, estimated: non- salary direct cost based onl historical prices, thel latest available audited indirect cost rate, and estimated cost of reimbursements to employees for travel (mileage, per diem, and meal allowance) based on the current policy of the COUNTY. The COUNTY agrees that mileage reimbursements for use of company vehicles is based on the lesser of the approved rate allowed by the General Services Administration of the United States Government or the reimbursement policies of the COUNTY at the time of execution oft the AGREEMENT. The COUNTY agrees that no mileage reimbursement will be allowed for the purpose of commuting to and from work or for personal use of a vehicle. The COUNTY agrees that the per diem rate will be limited to the rate allowed by the STATE at the time of execution of the AGREEMENT. The COUNTY agrees that aj meal allowance shall bel limited to COUNTY employees while in travel status only and only  when used in lieu ofaj per diem rate.  The COUNTY shall submit detailed certified labor rates as requested, and in a timely manner, to the External Audits Section of the Finance and Audits Bureau of The Alabama Department of Transportation. The COUNTY agrees that material differences between rates submitted with a proposal and rates provided as certified for the same proposal are subject to adjustment and  reimbursement.  15    Exhibit 3  ALI EVENT #059 DALE-01 STD CONTRACTI EXHIBITS  REV. 9/19/16  EXHIBIT M  CERTIFICATION FOR FEDERAL-AID CONTRACIS.IOBBYING  This certification is applicable to the instrument to which it is attached whether attached directly The prospective participantrecipient, by causing the signing ofa and the submission ofthis Federal contract, grant, loan, cooperative AGREEMENT, or other instrument as might be applicable under Section 1352, Title 31, U. S. Code, and the person signing same for and on behalf of the prospective participantirecipient each respectively certify that to the best of the knowledge and beliefoft the prospective participant or recipient and of the person signing for and on behalfofthe a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the prospective participantrecipient or the person signing on behalf of the prospective participantrecipient as mentioned above, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee ofCongress, or an employee ofal Member ofCongress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, b. Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, al member of Congress, an officer or employee ofCongress, or an employee ofa Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, or other instrument as might be applicable under Section 1352, Title 31, U. S.Code, the prospective participantrecipient shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission oft this certification is aj prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty ofr not less than $10,000 and The prospective participantrecipient also agrees. by submitting this Federal contract, grant, loan, cooperative agreement or other instrument as might be applicable under Section 1352, Title 31, U.S. Code, that the prospective participantrecipient shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such  ori indirectly with other attachments to such instrument.  prospective particpanurecipient, that:  or cooperative agreement.  not more than $100,000 for each such failure.  subrecipients shall certify and disclose accordingly.  16    Exhibit 3  ALI EVENT #059 DALE-01 STD CONTRACTENIEIS  REV. 9/19/16  EXHIBIT N  FUNDS SHALLNOT BE CONSTITUTED ASA) DEBT  Iti is agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation of Article 11, Section 213 ofthe Constitution of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if any provision of this AGREEMENT shall contravene any statute or Constitutional provision ofa amendment, either now in effect or which may, during the course oft this AGREEMENT, be enacted, then the conflicting When considering settlement of controversies arising from or related to the work covered by this AGREEMENT, the parties may agree to use appropriate forms ofnon-binding alternative dispute  provision in the AGREEMENT shall be deemed null and void.  resolution.  TERMINATION DUE TO INSUFFICIENT FUNDS  a. Ifthe agreement term: is to exceed more than one fiscal year, then said agreement is subject tot termination ini the event that funds should not be appropriated for the continued payment b. In the event of proration of the fund from which payment under this AGREEMENT is to  oft the agreement in subsequent fiscal years.  ber made, agreement will be subject to termination.  NOGOVERNMENT OBLIGATIONTOTHIRD PARTY CONTRACTORS  The STATE and COUNTY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval oft the solicitation or award oft the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations of or liabilities to the STATE, COUNTY, or any other party (whether or not aj party to that contract) pertaining to any matter resulting from The COUNTY agrees to include the above clause in each subcontract financed in whole or inj part with Federal assistance provided to FHWA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.  the underlying contract.  17    Exhibit 3  ALI EVENT #059 DALE-01  STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION GUIDELINES FOR OPERATION  SUBJECT: PROCEDURES FOR PROCESSING STATE AND INDUSTRIAL  ACCESS FUNDED COUNTY AND CITY PROJECTS  No work can be performed and no contracts can bel let prior to having a fully executed project agreement, submittal of project plans to Region and notification from the Region that advertisement for bids can be made, or, in the case of force  account projects, work can begin.  Aj project agreement will be prepared and furnished to the County/City upon receipt of grant award letter signed by the Director or Governor. The Region will prepare and submit a F-7A Budget Allotment request upon receipt of a project funding agreement at the time it is submitted to the County/City for their execution. The County/City will submit plans prepared and signed by a registered professional engineer showing work to be performed. Plans must match the project agreement description. Iti is not necessary for the Region to perform an in-depth review of plans. The County/City will submit a certification signed by a Registered Professional Engineer stating that the plans have been prepared sO that all items included in the plans meet. ALDOT specifications. The County/City will include a letter certifying that the County/City owns all right-of-way on which the project is Upon receipt oft the executed agreement, the executed F-7A, final plans from the County/City, and right-of-way certification, the Region may notify the County/City toj proceed with advertising the project for letting or proceed with work in the case In the case where a County/City is using an inplace annual bid, the County/City will furnish the Region a copy of their bid and this bid price will be used for  tol be constructed.  ofa force account project.  reimbursement.  1-20  Rev. 10/2017  18    Exhibit 3  AL: EVENT #059 DALE-01  Where the County/City is letting a contract locally, the County/City will furnish to the Region the threel lowest bids with their recommendation for award. The Region will review the bids, and, ifi in order, advise the County/City to proceed with award of the contract to the lowest responsible bidder. The County's/City's estimate for reimbursement will be based on the bid prices concurred in by the State and supported with documentation that the contractor has been paid for work performed (copy of cancelled check). Ac certification will be submitted with County/City final estimate stating that the project was constructed in accordance with final plans submitted to the State and with the specifications, supplemental specifications, and special provisions which were shown on the plans or with the State's latest specifications which were applicable at the time of plan The County/City will notify the Region when the project is complete and the Region will perform a final ride-through to determine whether the project was completed in substantial compliance with original final plans. Final acceptance willl be made by the Region with a copy of the letter furnished to the Bureau ofLocal Transportation. All required test reports, weight tickets, material receipts and other project documentation required by the specifications, applicable supplemental specifications, and special provisions will be retained by the County/City for a period of three (3) years following receipt of final payment and made available for audit by the State upon request. Ifan audit is performed and proper documentation is not available to verify quantities and compliance with specifications, the County/City will refund the project cost to the State or All County/City Industrial Access or State funded projects let to contract by the State will follow normal project procedures and comply with all current plan processing  approval.  do whatever is necessary to correct the project at their cost.  requirements.  RECOMMENDED FOR. APPROVAL:  BUREAUT CHIEF/REGION ENGINEER  APPROVAL:, hIall  CHIEF ENGINEER  APPROVAL:  NEMGER 1, Zor7 DATE  PW  1-20  Rev. 10/2017  19    Exhibit 4  COUA  County Engineer Matthew W. Murphy, P.E.  Assistant County Engineer Andrew J.1 Faulk, P.E.  DALE COUNTY ROAD AND BRIDGE  MEMORANDUM  Date: To: From: Subject:  May 28, 2024 Dale County Commission Matt Murphy County Engineer  Request Surplus Equipment (to be sold on govdeals.com)  Asset No: 2461  Description  Model/Serial Number GCNCPEX6CZ252184 HTTSKM2DIS3ISY  2430 (Solid Waste) 2012 Chevrolet Silverado  2013 Int'l 4300 Sign Truck  Commission Approved:  Date  1725 County Road 30 . Ozark, Alabama 36360 +334.774.5875    Exhibit 5  P.O. Box 10  Couon of ewton  Newton, Alabama 36352 Phone: (334)299-3361 Fax: (334)299-3174  Lonnie E. Daniels, III MAYOR  April 23, 2024  COUNCIIL Adam Chancey District1 Sharolyn Sidebottom District2 JeffJordan District3 Kathy Snow District4 4 Wayne. Marsh District 5  Attn: Dale County Commission  Iam requesting your helpi in aiding the' Town ofl Newton with road repair work The Town Council has agreed toj pay up to $20,000 for materials providing the Onl behalf ofthe' Town Council and the citizens oft the Town ofNewton, I officially and wholeheartedly express my appreciation and gratitude for any  and general road maintenance on Stanford Hill Road.  county will do the work.  assistance that you can offer.  Sheri Crawford Town Clerk  O6  Lonnie E. Daniels Mayor Town of Newton    Exhibit 5  RESOLUTION  Stanford Hill Road is located in the Town of Newton and is populated by  WHEREAS, numerous persons and,  of this said Road was formerly a County Road, owned and Road was taken over in the early 1990's by the Town of  WHEREAS, the ownership maintained by Dale County, Alabama, by WHEREAS, this County WHEREAS, WHEREAS, WHEREAS, Dale County present substandard condition and, WHEREAS, Dale County Hill Road ifso requested by the Town of Newton, NOW,THEREFORE, OF THE TOWN OF NEWTON THAT: 1. That the Town officially requests maintaining Stanford Hill Road to insure safe passage.  and through its Commission and,  Dale County and,  Newton and thereafter maintenance was not performed by passage of residents, school buses and invitees and,  the Town of Newton has no equipment to maintain the roadway for safe Dale County does not desire to assume ownership of the roadway and,  does recognize the dire circumstances of the roadway and its has agreed to assist the Town with maintenance on Stanford BE IT HEREBY RESOLVED BY THE TOWN COUNCIL  the assistance of Dale County, Alabama in  enter into a cooperative agreement with Dale County to assure the  2. That the Town maintenance of Stanford Hill Road.  3. The Town will obtain necessary rights-of-way from the owners having for safe property turnaround of  to the roadway and further, the Town will obtain space necessary  adjacent  the County's motorgrader or other necessary equipment.  with Dale County shall be on an annual basis and subject to renewal  4. The agreement  each year.  and wholeheartedly expresses herein its appreciation  5. The Town of Newton officially for assistance of Dale County, Alabama as aforesaid.  GEIVE OCT 12 2012    Exhibit 5  Resolution Page-2-  by affirmative Council vote with a quorum present  THIS RESOLUTION was adopted be executed byt the Mayor and attested by Town APPROVED AND ADOPTED this 4Hb day of Sepboaboz  on the date set forth below, with the same tol  Clerk.  By: SOBe Ted Stanford, Mayor  Attest:  Sulhs Nina Dickerson, Town Clerk  SEAL  Accepted  Oetober 22, 2012  EIVE OCT 12 2012    Exhibit 6  ABAM  OFACEOFTHEGOVERNOR KAY IVEY GOVERNOR May 22, 2024  ALABAMADEPARTMENTOFECONOMIC AND COMMUNITY AFFAIRS KENNETH W. BOSWELL DIRECTOR  STATE OF ALABAMA  The Honorable Steve McKinnon Chairman of Dale County Commission 202 South Al-123 Ozark, Alabama 36360 Dear Chairman McKinnon:  RE: Proposed CDBG Economic Development Granti for Roadway Improvements to Assist the  Development of Averitt Express in Dale County, Alabama  The Alabama Department of Economic and Community Affairs (ADECA) willl be pleased to support the Dale County Commission in its efforts to provide roadwayi improvements to assist with the development of an Averitt Express facility, resulting in the creation of 20 new full-time or full-time equivalent jobs within Dale County. ADECA's support will bei in thet form of Community Development Block Grant Economic Development (CDBG ED) funds in the amount of $180,000 for such roadwayi improvements. The CDBG ED grant will be contingent upon the availability off funds, eligibility of activities, and the County'sa agreement that the company' will create at least 20 new full-time or full-time equivalent jobs, 51% of which jobs are to be made available to persons who are of lowi income and moderate income. It isA ADECA's intention that the total number of new. jobs are to be created within two years following the completion of this roadway construction project. ADECA'sCDBG ED: support also requires the County to contribute local matching funds in the amount of $36,000, which is 20% of the CDBG ED grant amount, ADECAscommitment of this CDBG ED funding is subject to ADECA's receipt of thei following from the (1)al letter of commitment to the County from the company that is proposed to! be assisted via this project wherein the company commits to developing its business at the proposed project development location within the County, and the company also commits to creating the 20 full-time or fuli-time equivalent jobs over ai two-year period as a result of this CDBG ED grant assistance, with at least 51% of those jobs (11 jobs) being for persons of lowi income and moderate income, and (2)aCDBG ED grant application requesting $180,000 in CDBG ED grant funds to be submitted to ADECA from the County within thirty (30) days from the date on which the County receives the If the County will not be able to submit the company's commitment letter to ADECA, and/or if the County will not be able to submit a CDBG ED grant application to ADECA within the described thirty (30)  as the County's local matching funds commitment toward this project.  County:  commitment letter from the company.    Exhibit 6  The Honorable Steve McKinnon  Page 2  day period oft time after ADECA's receipt of the compan/scommtment letter, then the County may submit to ADECA - at least ten days prior toi that 30th day -av written request for an extension of  ADECA's commitment on this project.  If we can be of further assistance, then please call us.  Sincerely, #w ha Kenneth W. Boswell Director KWB:KAR:cdm  CC: Matthew Murphy, Dale County Engineer  Emily VanScyoc, Grant Administrator, Southeast Alabama Regional Planning and  Development Commission (SEARPDC)