-  MISS  Dale County Commission  Commission Meeting Minutes - February 28, 2023  The Dale County Commission convened in a regular session Tuesday, February 28, 2023. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; Two Commissioner Donald O. Grantham; District Three Commissioner Adam Enfinger; and District Four Commissioner Frankie Wilson. Chairman McKinnon called ther meeting to order at 10:00am. Commissioner Grantham opened with prayer. Commissioner Carroll followed with the Pledge of Allegiance.  APPROVED - AGENDA, MINUTES, & MEMORANDUM OF WARRANTS Commissioner Grantham made a motion to approve the agenda, memorandum of warrants,  and minutes:  Memorandum of Warrants:  Accounts Payable Check Numbers 95596-95699. Payroll Check Numbers: 154890-1 154892. Direct Deposit Check Numbers: 424104-424239. Minutes: Commission Meeting of February 14, 2023.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes February: 28, 2023  Page2of5  APPROVED - TRAVEL REQUEST  Commissioner Grantham made a motion to approve the following:  Mapping & Appraisal - Brittany Hudson - March 8 - 10, 2023- - Mapper Exam - Commission - Cheryl Ganey - May 10-1,2023-ACAAATU Conference = Road & Bridge - Matt Murphy and Andrew Faulk - April 15th-2 20th-NACE. Annual Road & Bridge - Wendi Ward - June 14+-1 17th- CIMS User Conference-  Opelika AL.- $742.43 Orange Beach, AL - $941.20  Conference = Orange Beach, AL -$4.770.00  Orange Beach - $1.233.97  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - ARPAFUNDS - REVIEW - DEMOLITION FOR DALE MEDICAL CENTER Commissioner Carroll made a motion to approve the review, by IAC, for ARPA funds  expenditure for a demolition project for the Dale Medical Center. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - ARPA FUNDS - CORONER VAN  Commissioner Enfinger made a motion to approve the expenditure, and budget adjustment, of  ARPAfunds for a van for the Coroner office. See Exhibit 1.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - ARPA FUNDS - NEW SANITARY SEWER MAIN  Commissioner Carroll made a motion to approve the expenditure, and budget adjustment, of ARPA funds for a new sanitary sewer main project. Chairman McKinnon is authorized to negotiate a funding agreement with the Utilities Board of the City of Ozark for 50% of the project  costs or $158,934.50 (whichever is lesser). See Exhibit 2.  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - DEPUTY CORONER RATE OF PAY  Commissioner Enfinger made a motion to approve the rate of pay for deputy coroners to be  increased, per call, to$125.00 in lieu of $75.00.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes February: 28, 2023  Page3of5  APPROVED - SURPLUSITRANSFER EQUIPMENT = MAINTENANCE  Commissioner Carroll made ai motion to approve to surplus or transfer the following equipment:  Surplus - Asset #2319-2 2007 Ford F-150 = 1FTRF12W97KC36660 Surpius - Asset #2324- - 2007 Chevrolet Trail blazer SWV-1GN08.35428974 Transfer Asset #2335-2016 Ford Transit Van-NMOLS8E7261231208-Transter to R&B  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - SURPLUS EQUIPMENT - ROAD & BRIDGE  Commissioner Grantham made a motion to approve to surplus the following equipment:  Asset #2307 -2 2006 John Deere Tractor LV5525R256677 Asset #2387- 2006 Massey Ferguson Tractor - P244039 Asset; #2392- 2006 Massey Ferguson Tractor = P244031  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - ADDITIONAL. JOB DESCRIPTION-EMA  Commissioner Grantham made a motion to approve the part-time position in the EMA department, Group VI pay classification, to be added to the Dale County Classification Plan.  Also, budget amendment fori immediate hire fori this position See Exhibit 3. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - LIABILITY SELF-NSURANCE FUND AGREEMENT  Commissioner Carroll made a motion to approve a 3-year participation agreement in the liability  self-insurance fund. See Exhibit 4.  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - NEW BANK ACCOUNTS  Commissioner Wilson made a motion to approve the opening of two new bank accounts for the following new funds: 1) Opioid Settlement Fund 2) Pistol Permit Revenue Loss Fund. Commissioner Enfinger seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting! Minutes - February 28, 2023  Page4of5  APPROVED -J.M. WOOD AGREEMENT  Commissioner Carroll made a motion to approve the agreement with J.M. Wood for the sale of  surplus equipment. See Exhibit 5.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - DALE COUNTY LANDFILL  Commissioner Grantham made a motion to approve expenditure and budget adjustments for  Fund 512, Landfill. See Exhibit 6  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED MEMORANDUM OF UNDERSTANDING - TROY UNIVERSITY Commissioner Grantham made a motion to approve an memorandum of understanding for a tower at Wickesburg. The expenditures of the stress test, air conditioning unit and installation  will be paid by Motorola. See Exhibit7 7.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  TABLED -SARCOA - BOARD APPOINTMENT  Commissioner Wilson made a motion to table the appointment of board members. Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - FY23 DALE COUNTY TRANSPORTATION PLAN  Commissioner Carroll made a motion to approve to approve an updated FY23 Commissioner Wilson seconded the motion, all voted aye. Motion carried.  Transportation Plan. See Exhibit 8.  APPROVED - OPIOID SETTLEMENT AGREEMENTS  Commissioner Grantham made a motion to approve five (5) sign-ons forms and two (2) allocation agreements. The State of Alabama has entered into Settlement Agreements with  Teva, Allergan, CVS, Walgreens, and Walmart.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission! Meeting Minutes- - February 28, 2023  Page5of5  ANNOUNCEMENT = NEXT REGULAR MEETING  Chairman McKinnon announced that the next regular meeting of the Dale County Commission  will be Tuesday, March 14, 2023 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Wilson made a motion to adjourn the meeting. Commissioner Carroll seconded Itis hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered  the motion. All voted aye. Motion carried.  into the minutes of the Dale County Commission as its official actions.  Sh AK  Steve McKinnon, Chairman    Exhibit 1  RESOLUTION FOR THE EXPENDITURE OF AMERICAN RESCUE PLAN ACT  FUNDS FOR GOVERNMENT SERVICES  WHEREAS, Dale County, Alabama (the "County") has received. American Rescue Plan Acti fiscal recovery funds ("ARPA funds") and is charged with ensuring that such funds are expended in accordance  with state and 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, the County has determined that there is ar need to provide services of the coroner's office to its citizens and thati it is within the authority of the County to provide these services; and WHEREAS, the County has determined that the procurement of thei following vehicle from the following vendor is ar necessary, reasonable, and proportionate measure to facilitate the provision oft these  government services:  Ford Transit 150 Full Size Cargo Van with standard height roof, 130" wheelbase, and real wheel WHEREAS, the County has identified the vendor from which to procure this van in ar manner consistent with federal and state laws and guidelines, as applicable to Revenue Replacement funds  drive from Stivers Ford Lincoln, for $42,613or;a and  pursuant to guidance from Treasury.  NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION as follows:  1) 2) 3)  The County shall use up to $42,613 ofA ARPA funds, which are hereby designated as The County Administrator is hereby authorized to expend these funds to purchase the van The ARPA Program Director is charged with ensuring that Revenue Replacement funds  Revenue Replacement funds, tot facilitate the provision of the government services described herein. as described herein from the designated vendor to facilitate the provision oft these services.  allocated and expended to provide these government services will not be used ins such a way as to frustrate COVID-19 mitigation guidance issued by the Centers for Disease Control, orf for any other use prohibited by  the Final Rule or any applicable state or federal law.  4)  Expenditure of these funds, as authorized by this Resolution, shall be contingent on the  continued appropriation and availability of ARPA Revenue Replacement funds for this purpose and in no event shall be used for any expenses not obligated by December 31, 2024, and expended by December  31, 2026.  IN WITNESS WHEREOF, the Dale County Commission has caused this Resolution to be executed  ini its name and on its behalf by its Chairman on the 28th day of February, 2023.  Sf AR  Steve McKinnon, Chairman, Dale County Commission    Exhibit 2  RESOLUTION FOR THE CONDITIONAL OF AMERICAN RESCUE PLAN ACT FUNDS FOR GOVERNMENT SERVICES AND DELEGATION OF AUTHORITYTO EXECUTE FUNDING AGREEMENT FOR EXPENDITURE OF FUNDS WHEREAS, Dale County, Alabama (the' "County") has received American Rescue Plan. Acti fiscal recovery funds ("ARPA funds") andi is charged with ensuring that such funds are expended in accordance  with state and federal law; and  WHEREAS, under the Final Rule published by the United States Department of Treasury dated January 6, 2022, the County has elected to designate a standard allowance of upi to$ $10,000,000 ofits ARPA funds, not to exceed the County's total ARPA funds award, as revenue replacement ("Revenue  Replacement funds"); and  WHEREAS, the County may expend designated Revenue Replacement funds for government services, like the provision of water and sewer infrastructure to support the promotion ofi industrial,  economic, or other beneficial development in thei interest of the public; and  WHEREAS, pursuant to 603(c/(3) oft the ARPA, PL 117-2, March 11, 2021, 135 Sat 4, the County may transfer ARPA funds, including funds designated as Revenue Replacement funds, to eligible entities to  carry out eligible ARPA funded projects;  WHEREAS, consistent with Code of Alabama (1975) $11-1-10, the County may contract with municipalities for the purpose of providing funds tos support the government service identified above; and WHEREAS, the Dale County Commission ("Commission') has determined that entering into a funding agreement with the City of Ozark, by and through its Utilities Board, (collectively the "Board"), a public entity, to install a sanitary sewer main on Highway 231 is a necessary, reasonable, and proportionate measure to facilitate the provision oft these govemment services and is in the interest of the public. NOW, THEREFORE, BEI IT RESOLVED BY THE COMMISSION as follows:  1)  The County hereby conditionally allocates up to the lesser of fifty percent oft the costs of  construction of a new sanitary sewer main on Highway 231 or $158,934.50 of ARPA funds, which are hereby designated as Revenue Replacement funds, toi facilitate the provision of the government services  described herein. 2)  This allocation is conditioned upon the successful negotiation of afunding agreement  between the County and the Board and compliance with all applicable state and federal laws as well as the  terms and conditions of the County's ARPA award.  3) 4)  This Commission hereby directs the County to negotiate the terms and conditions ofa The Chairman of the Commission is hereby delegated the authority to enter into the  funding agreement with the City of Ozark, by and through its Utilities Board, consistent with this Resolution. funding agreement if the agreement is consistent with this Resolution and if, in his discretion, the terms and  conditions are in the best interest oft the County.    Exhibit 2  5)  Upon the execution oft the funding agreement, the County Administrator is hereby  authorized to expend. ARPA funds for costs of the project in accordance with thei terms of this Resolution  and the funding agreement.  6)  The. ARPA Program Director is charged with ensuring that Revenue Replacement funds  allocated and expended to provide these government services will not be used in such a way as to frustrate COVID-19 mitigation guidance issued by the Centers for Disease Control, orf for any other use prohibited by  the Final Rule or any applicable state orf federal law.  7)  Expenditure oft these funds, as authorized by this Resolution, shall be contingent ont the  continued appropriation and availability of ARPA Revenue Replacement funds for this purpose andi in no event shall be used for any expenses not obligated by December 31, 2024, ande expended by December  31,2026.  IN WITNESS WHEREOF, the Dale County Commission has caused this Resolution to be executed  in its name and oni its behalf by its Chairman on the 28th day of February, 2023.  Sh 7A7 Chairman, Dale County Commission    Exhibit3  Emergency Management. Agency (EMA), Part-Time  Division Commission Reports to EMA Director Job Summary  Department  Location  Emergency Management Dale County Commission  Plans and administers county emergency preparedness plans. Assists in the coordination of countywide activities of county emergency response personnel. Participates in various training programs to maintain professional proficiency. Establishes training requirements, coordinates development plans, and offers training programs to groups. Assists in the preparation of annual budgets and submits it to the  EMA Director.  Duties and responsibilities  Assists in the development of county emergency plans for all contingencies including relocation of evacuees from high-risk areas. Coordinates plans with adjacent counties and municipalities as well as the state. Prepare AL State EMAreports showing planned Assists in the preparation of annual budget and submits for local, state, and federal Establishes and maintains warning systems. Ensures that weather watch and warnings Assists in the preparations and implementation of all training programs for the public, volunteers, emergency personnel, civic groups, and students. Various training duties Responsible for informing public of the general function of the Emergency Management Agency by using all available resources, which include distribution of important Participates in professional training and development courses as required to stay abreast of news, information, and technologies as they relate to emergency planning. Assists in the preparation of a list of all county personnel and resources that can be Coordinates the resources of local response groups, medical, law, public works, and Volunteer Fire and Rescue to perform effectively in an emergency. Supports and Staffs Emergency Operations Center (EOC) In an emergency. Responsible for keeping officials current as to the status of the situation. Tests and maintains all equipment and supplies for the EOC including, maintaining map and chart inventories for use by all emergency personnel. Familiarizes EOC personnel Normal duty hours are 20 hours per week, but not to exceed 30 hours per week when  program activities and/or accompishments.  approval.  are received by the public.  are required.  informational pamphlets and public speaking.  used to cope with a disaster.  with necessary procedures. Other duties as required.  required or due to a natural or man-made disasters.    Exhibit 3  Job Specifications Education on-the-job training.  Satisfactory completion of 1 year college level education or equivalent through military 100 hours of course work in Emergency Management as established by the Director of the Alabama Emergency Management. Agency (i.e., IS-100, IS-200, IS-700, IS-800  etc.).  Supervisory Responsibilities Physical Demands Standing Up to 33% 33-66% Tasting, Up to 33% Lifting  Walking 33-66%  Sitting 33-66% Up to 33%  Stooping, Kneeling, Crouching  Reaching with hands and arms  Talking or Hearing More than 66% up to 10 pounds 33-66% up to 100 pounds Up to 33% Close vision Depth perception  up to 25 pounds 33-66% more than 100 pounds Up to 33% Distance vision Ability to adjust  up to 50 pounds 33-66%  Vision Color Vision Work experience qualified military service. Licenses Preferences  Peripheral Vision  No special vision requirements  At least one year of experience in emergency response, Emergency Management, or  Valid driver's license. Must be insurable.  Certification in hazardous materials, radiological monitoring, and hazardous weather response. Any additional classes dealing with hurricanes, tornadoes, severe storms, Good oral and written communication skills required. Requires the ability to solve problems, make decisions, and supervise personnel during an emergency.  hazardous materials, bioterrorism, et cetera.    Exhibit 3  Specific physical duties debris fields looking for signs ofl life. areas from the air, if necessary. emergency situations.  Must be able to read all types ofi information. Needs mobility and strength to search Must be able to use binoculars and night vision equipment to be able to spot disaster Needs the strength and endurance to remain active for several days at a time in  Noise  Very quiet Very loud noise  Quiet  moderate  Loud noise  Specific noise duties Comments  Exposure to almost any environment during an emergency.  Must be willing to travel, wear appropriate attire, and work nonstandard hours including  24-hour coverage when necessary.    Exhibit 4  SponsoredBy ACCAS AssociationafCouny CommisionseAlahama  ASSOCIATION OF COUNTY COMMISSIONS OF ALABAMA LIABILITY SELF-NSURANCE FUND, INC.  RESOLUTION  WHEREAS, and  County is a member of the Association of County Commissions of  Sak  Alabama Liability Self-Insurance Fund, Inc. ("Liability Fund") for the contract period ending Dec. 31, 2023; WHEREAS, the County's participation in the Liability Fund has been a significant benefit to the County WHEREAS, the reprèsentation and service provided by the Liability Fund continues to be in the best  since becoming a member; and  interest of WHEREAS,  County andi its officials and employees; and  County would benefit by agreeing to extend its participation in the    Liability Fund for an additional three-year period beginning Jan. 12024 and concluding Dec. 31,2026. renews its participation in the Liability Fund for calendar years 2024 through 2026 and hereby directs its Chair to immediately execute the 2024-2026 ACCA Liability Self-Insurance Fund, Inc. Participation  NOW, THEREFORE, BE IT RESOLVED by the  County Commission that it  sak  Agreement.  Adopted this the 2bydi. Ebaaym2  Sfh YAL  County Commission Chairperson  LSIF LBR24-26v1    Exhibit 4  ACCAS AssociationofCounty CommisionseAlabama 67Counties, Onel Voice  PARTICIPATION AGREEMENT  Association of County Commissions of Alabama  Liability Self-Insurance Fund, Inc.  Participant:  Sak  ACCALSIFPA2024    Exhibit 4  PARTICIPATION AGREEMENT  This Contract and Participation. Agreement entered into by and between the Association of County Commissions of Alabama Liability Self-Insurance Fund, Inc., a non-profit corporation organized under the laws of the State of Alabama (hereinafter referred to as "Fund" or "Liability Fund"), and the undersigned County or County entity oft the State of Alabama (hereinafter referred to as "Participant"), for the purposes of providing liability andlor property coverages prescribed by the Fund's Liability Coverage Document and any Endorsements thereto and, ifoffered, Property Coverage Document and any  Endorsements thereto.  WITNESSETH:  The undersigned Participant, in consideration of the creation of the Fund to provide liability and property coverages and in further consideration of the other Participants executing identical Participation Agreements, does hereby agree to become one of the members of the Fund. The conditions ofr membership agreed upon by and between the parties are as  follows:  Definition of terms usedi in this Participation Agreement:  A. Board the Board of Trustees oft the Liability Fund. B. Fund' Year- January 11 through December 31.  C.  Service Company - Any firm, entity or individual retained by. the Board to manage the Fund's day-to-day activities, which may include administration, claims management, risk management, education, Coverage Documents the Liability Coverage Document and the Property Coverage Document of the Association of County Commissions of Alabama Liability Self-Insurance Fund, Inc. and any applicable Incurred But Not Reported (IBNR): ani incident or occurrence that has taken place but on which no claim Claim- a report of injury, damage or loss involving potential liability arising out of an occurrence, offense, error or omission, or accident thatt takes place during the coverage period and is reported in writing to the G. Participant - one of the sixty-seven counties in the State of Alabama, any entity created by the County Commission ofac county or a separately incorporated county-related entity when the county or entity is the Participant named on the front of this Agreement. A separately incorporated county-related entity ora public official and his or her department ofa county thati is notal Participant may become al Participant, but only upon approval of the County and the Board upon such terms and conditions as established by the  marketing, etc., as may be directed by the Board.  D. E. F.  endorsements that setf forth in detail the coverages provided. has been reportedi in writingt tot the Service Company. Service Company during the coverage period.  Board.  1  ACCALSIF-PA2024    Exhibit 4  1. Term of Contract  Unless sooner terminated by the Board, the term oft this Contract shall be for a period beginning on the date executed or at 12:01 a.m. on January 1, 2024 (whichever date is later), and ending at 12:01 a.m. January 1,  2027. 2.  First Year Contribution/Premium  Initial first year contripution/premum of any new Participant will be determined by the Fund. If coverage  begins after. January 1ofa any year, the first-year contrbution/premium will bep pro-rated.  3.  Subsequent Contriution/Premium Experience Rating  The Fund reserves the right when applicable to use as a guide for future contributionspremiums an experience rating plan to be prescribed by an actuarial firm and to calculate for each Participant its individual experience rating when eamedi in accordance with the provisions of such experience rating plan.  4.  Contrbution/Premlum Payment  All contriputionspremums are due on or before thei inception of coverage ande each year thereafter as set by the Board until the termination of the contract period. The Board may from time to time establish a policy for  payment ofce contributonspremums including ap provision for al late payment penalty.  5.  Reporting of Claims  Ifa claim or suit is filed against the Participant, or its covered officers, agents or employees, the  Participant shalli immediately forward thes same to the Service Company. Cooperation with Risk Management Recommendations  6.  The Participant agrees that it will cooperate in instituting any and all reasonable safety regulations and/or risk management recommendations that may be recommended for the purpose of eliminating or minimizing hazards that would contribute to liability or property losses. In the event that the recommendations submitted by the Service Company on behalf of the Fund seem unreasonable, the Participant has a rightt to appeal to the Board  and the decision of the Board shall then bef final.  7.  Liability Coordinator  The Participant agrees thati it will appoint al Liability Coordinator for the Participant and that the Fund and itss service company shall not ber required to contact any other person. Any notice to the Liability Coordinator shall be considered notice to the Participant. The Participant reserves the right, however, to change the coordinator from time to time by giving written notice toi the Fund and tot thes service company at least ten (10) days prior to the  effective date of the change.  8.  Claims andl Legal Counsel  The Fund, through the Service Company employed by the Fund, agrees to handle any and all covered claims after notice has been given, and to provide a defense. It shall carry on all negotiations with the injured claimant or his or her attorney at the onset and negotiate within authority previously granted by the Fund. Ifa  2  ACCALSIF-PA2024    Exhibit 4  personal appearance by an employee oft the Participant is necessary, the expense oft this appearance will be paid by the Participant. In a manner directed by the Board, legal counsel will be retained on behalf of and at the  expense of the Fund necessary for the defense ofa any litigation.  9.  Legal Defense and Cooperation  The Participant hereby agrees that any covered suit brought against the Participant shall be defended in the name of the Participant by the attorney or attorneys selected in a manner directed by the Board. Full cooperation by the Participant shall be extended to supply any information necessary or helpful in such defense. The Participant further agrees to cooperate with the Fund in the investigation and settlement of the claim or defense against the suit. The County Attorney may be requested to provide defense assistance! but shall not have the responsibility or authority to settle or otherwise direct any litigation without approval of the Service Company or  the! Board. 10. Fund Experience  Every year, the Fund or the Service Company will endeavor to supply to each Participant a printout involving as statement of claims, claims status, and activity report cumulative fore each Fund year. The disclosure of certain information about claims may be withheld, limited or conditioned to prevent claimants who may work fort the  Participant from having access toi thati information.  Atl least annually, the Board will carefully review, study and consider the actual claims or loss experience (including reserves for future claims payments) of each oft the Participants, the pro rata cost to the Fund resulting from overall loss experience attributed to each Participant andt the pror rata portion oft the cost of reinsurance, ifany, as well as thep pro rata allocation, as determined by the Board, oft the other andi necessary administrative expenses of the Fund, in order to reasonably determine that actual pro rata cost, expense, and loss experience of each Participant for the purpose of determining future contriputionspremums and refunds of contriputonspremums, if any. Individual claims against each Participant may be capped at a certain limit for purposes of determining the  experience ofe each Participant with the excess shared among all Participants.  11. Assessments  Due to the nature ofa a self-insurance fund, the Fund reserves the right to assess Participants' amounts, in addition to contrboutonspremums, as may ber necessary for the protection ofi its Participants. If, at any time, int the opinion of the Board, the assets oft the Fund become insufficient to enable the Fund to discharge its obligations, including but not necessarily limited to, payment of all due damages and losses, maintenance of reserves for claims which have occurred and have been reported, maintenance of reserves for claims which have occurred and not been reported, expenses due and reasonable expenses forthcoming, the Fund shall have the right to assess each Participant member participating in the plan during any part of a year during which ani insufficiency may exist  such amount as, int the opinion oft the Board, is required to correct thei insuficiency.  Each Participant's assessment shall be computed by the Board and may have the same ratio to the total assessment amount as the Participant's earned contribution/premium of the Fund during the twelve months preceding the assessment. A Participant's earned contripution/premium shall be the pro rata portion of contriputionspremums paid! byi itf for the period during whichi its Agreement with the Fund was ine effect. Any assessment shall be a legal debt and obligation of the Participant and shall! be due and payable when written notice of the assessment is received. However, the Board may allow up to twelve months for payment of  any assessmenti in accordance with such guidelines asi itmaye establish.  3  ACCALSIF-PA2024    Exhibit 4  12. Assets of the Fund  All assets in the Fund, including any surplus which the Fund may have accrued since the Fund's inception, shall remain the property oft the Fund at all times subject to the decisions of the Board. No Participant hast the right to seek distribution or withdrawal of any surplus ori investment eamings which the Fund has accrued.  13. Refunds, Dividends and Other Distributions  The Fund may, from time to time, att the discretion of and upon such terms and conditions prescribed by the Board, make a refund, dividend or other distribution from part of the Fund's surplus or from investment earnings. Such distributions may be limited to certain years of participation. Consideration may be given to the loss experience and years of participation of Participants. The Participant agrees that the decisions of and procedures adopted by the Board affecting refunds, dividends or any other distribution, and the manner of computing such refund, dividend or other distribution shall govern in alli instances fort the making of any distribution by the Fund. No Participant shall be entitled to or have the right to receive any refund, dividend or any other distribution that may be approved byt the Board from any of the surplus or investment earnings ifs such Participanti is not a member oft the Fund at the time such refund, dividend or distribution is approved by the Board or if such Participanti is not ar member oft thel Fund as of the effective date of such refund, dividend or distribution.  14. Withdrawal by Participant from the Fund  a.  Withdrawal at End of Contract  Any Participant may withdraw from the Fund at the end of the term of this contract by giving atl least sixty (60) days notice inv writing to the Board ofi its desire to sO withdraw. Written notice must include a certified copy of the minutes of the meeting where the governing body voted to withdraw from the Fund. Ifnotice is not given as prescribed herein, this Agreement willa automatically renewi for another three (3)y year period of time. All claims reserves, ata allt times, are thep property of the Fund. Atr no time may any Participant withdraw the claim reserves. Unless otherwise agreed to in writing by the Participant, all pending or open claims which have been reported to the Fund (ori its Service Company) by the Participant will continue to be obligations of the Fund. The Fund shall not be responsible for any new or incurred but not reported claim(s) after the withdrawal of the  Participant.  b. Withdrawal During a Contract Commitment  Each Participant is obligated and commits itself to remain as a member of the Fund for the term of this contract period. All claim reserves are recognized as property of the Fund. At no time may any Participant withdraw the claim reserves. Unless otherwise agreed toi in writing byt the Fund, ifal Participant withdraws from the Fund during this contract commitment, such withdrawal shall be considered al breach of this agreement and all pending or open claims regardless of whether the same have been reported to thel Fund (or its Service Company) by the Participant or remain unreported, shall become the obligation of the Participant. The Fund shall cease to process all such claims. The Fund shall cease to defend and/or shall withdraw from any defense of litigation pending regarding such claims, and the defense, settlement and indemnity of such claims or litigation shall become the sole responsibility and obligation of the member Participant SO withdrawing. The Fund shall not service any new or incurred but not reported claims after the withdrawal of the Participant. However, all claims on which a prior written agreement to settle shall have been executed by the Fund or on which ap priorj judgment shall have been entered, shall not be considered pending or open, and the Fund shall honor such agreements and/or  judgments.  4  ACCALSIF-PA2024    Exhibit 4  15. Limitation or Cancellation of Coverage by the Fund  a.  Non-payment of Contrbution/Premium  In the event that the Participant fails or refuses to make the payments of contriputonspremiums, the Fund reserves the right to treat such non-payment as al breach oft the agreement andi terminate the membership of such Participant by giving ten (10) days written notice. The Fund further reserves the right to collect any and all contriputionspremums that are earned on a short rate basis for the period preceding such contract termination. Any Participant whose membership is terminated hereunder shall be considered to have withdrawn during the three-year contract commitment and shall be subject to the provisions ofp paragraph 14.b. above.  b.  Any Other Reason  The Fund reserves the right to condition, limit, modify or cancel coverage afforded in the Coverage Documents, in whole or in part, as to any member Participant if, in the opinion of the Board, such is in the best interests oft the Fund as a whole. Grounds for conditioning, limiting, modifying or canceling coverage include the violation by any member ofa any duty or obligation under the Coverage Documents or this Participation Agreement. Written notice ofs such change in coverage will be mailed or delivered at least thirty (30) days before the effective  date of such change. 16. Inspections and Surveys  The Fund, at its option, may inspect and survey the Participant's records, property and operations at any time. Iti is understood and agreed that these inspections and surveys are for the Fund's benefit only, and shall not constitute an undertaking by the Fund to determine orv warrant that the Participant's property or operations are safe or healthful, or comply with any law, rule, regulation, code or standard. Any and all reports which may bei issued following an inspection or survey arei issued fort the Fund's benefit. Such reports are not warranties but they could affect the Participant's coverage. Failure to respond or follow these reports may be considered by the Fund in calculating contributions and determining whether to condition, limit, modify or cancel coverage afforded in the  Coverage Documents.  17. Waiver ofUninsured Motorist Coverage  As as sell-insurance fund, the Fund is not subject to the provisions relating to uninsured motorist coverage under Alabama law. By participating in the Fund, the Participant is expressing its desire not to receive uninsured  motorist coverage andi to waive such coverage. 18. Agreement to Abide by the Bylaws  The Participant agrees to abide by the Bylaws of the Fund as adopted by the Board of Trustees of the  Liability Fund. 19. Audit firm.  The Fund agrees that all Fund transactions will! be annually audited by a certified professional accounting  5  ACCALSIF-PA2024    Exhibit 4  20. Actuarial Valuation reserves and contrboutonspremums.  The Fund will have an actuarial valuation of reserves performed each year to audit the adequacy of  21. Nonwaiver of Rights, Immunities and Defenses  No Participant, by participating in this agreement and contributing thereto, shall by its actions be deemed to have waived any rights, immunities or defenses granted it byl laws of the State of Alabama, nors shall any officer, agent or employee of such Participant or sheriff or employee of the sheriff by virtue of his/her being covered be deemed to have waived any rights, immunities or defenses available to him/her by the laws of the State of Alabama. The Fund, however, by defending such Participant or any official or employee, shall be entitled to use  any and all such rights, immunities and defenses on behalf of such entity/person defended.  22. Nol Independent Interesti in the Fund  All monies, assets, interest and property held by the Fund pursuant to this Participation Agreement shall not be subject to assignment, alienation, pledge, attachment, gamishment, sequestration, levy or other legal process, either voluntary, involuntary or by operation ofl law, by, on behalf of, or in respect of the Participant and shall not be subject or applied to the debts, obligations or liabilities oft the Participant, including, without limitation, any direct action or seizure by any creditor or claimant under any writ or proceeding at law or in equity. Furthermore, the Participant shall have noi independent interest in, or right to, the assets held byt the Fund, anditis the intention oft the parties to this Participation Agreement that the Participant's entry into and participation in the Fund shall extinguish andi remove all oft the Participant's interest in thel Fund under the Bankruptcy Code or similar  laws.  23. Nature ofFund  Each Participant agrees that by executing this Participation Agreement, it understands and agrees that the Fund is simply a legal vehicle by which each member Participant has joined together in providing self- insurance liability and property programs under the provisions of Ala. Code S 11-30-1, et seq., as amended by Act 2015-53, and as may be further amended. Under no circumstances shall said Fund be deemed to be an  insurance company.  WITNESS WHEREOF the parties hereto execute this Participation Agreement this melslayd of  Flmy 2023  FUND:  ASSOCIATION OF COUNTY COMMISSIONS OF ALABAMA LIABILITY SELF-NSURANCE FUND, INC.  By.  ACCALSIF Representative  PARTICIPANT:  Spke Sthe By 6  Chairman of the County Commission or LE Director oft the County Entity  ACCALSIF-PA2024    Exhibit 5  AUCTION COMPANY. INC.  VJMWOOD  THE EQUIPMENT AUCTIONEERS  Corporate Office: 3475 Ashley Road, Montgomery, AL 36108 South Carolina Office: 115 Belvedere Circle, West Columbia, SC 29172  Phone: 334.264.3265; Fax 334.269.6990  January 23, 2023 Mr. Matt Murphy Dale County Commission 202 AL-123 Ozark, AL 36360 Re: Surplus Equipment Dear Matt:  Thank you for allowing. J.M. Wood Auction Company, Inc. tos submit a proposal for the auction of your surplus equipment. Since 1973,J.M. Wood. Auction Co. Inc. has conducted thousands of public auctions and sold billions of dollars of heavy machinery and trucks to buyers across the world. We believe our marketing methods along with our extensive global reach to buyers are necessary for you to achieve the  true global market value of your assets.  Auction Location and Date: The proposed auction will be March 21-24,2023 at our 100- Traditional Auction Marketing: J.M. Wood Auction will promote and feature your equipment in our full color auction magazine. A personalized mailing list will be selected from our database of over 100,000 domestic and international buyers. We will select potential buyers to market to by targeting recent buying patterns, trendingi industries and regional activity. Your auction will be promoted in numerous industry specific trade magazines as well as in over (300) newspapers reaching al broad range of potential buyers. Online Auction Marketing: Our team will go to worki immediately posting your inventory with multiple photos andi inspections on JMWood.com. Our website is an essential tooli in reaching thousands of buyers who visit our site daily. Your inventory will also be posted on numerous worldwide industry related sites in front of millions buyers searching for equipment fort their operations in countries across the globe. Your equipment will also be featured in J.M. Wood Auction'saward winning social media marketing campaign consisting of outlets such as Face book, Twitter, YouTube and more. J.M. Wood. Auction has been recognized by both Facebook and Constant Contact as one of their annual top performing marketing Auction Delivery, Pre-Auction Services and Set Up: We encourage yout to schedule delivery of your equipment to the auction facility as soon as possible. This allows adequate time for pre-auction services such as detailed inspection reports, photography, video, clean-up, and repairs. J.M. Wood. Auction will provide the seller with a detailed report on any repairs and clean-up deemed necessary to make the equipment bring the maximum dollar. No  acre permanent auction facility in Montgomery, Alabama.  companies.    Exhibit 5  repairs will be made without prior consent from seller. J.M Wood Auction will coordinate an on- site detailed clean-up service on the equipment listed on the sellers (Exhibit' "A"). J.M. Wood Auction willl have representatives aggressively marketing your equipment and answering Auction Day: With 50 years in the auction business, iti isi in our blood. We live fora auction day and it is exciting! When you arrive at one of our world class drive-through auction facilities you will find ai team of professionals that know and! love their job. A detailed auction catalog with lot numbers will be presented to all the pre-approved buyers on hand. The equipment will be paraded past the auction theatre full of attendees and broadcast live on the internet as well. We willi furnish all personnel to conduct the auction, collect proceeds, and assist in load-out. Online Auction Bidding: MWoodive.com is our exclusive proprietary online bidding service. Since itsi inception we have registered tens of thousands of pre-approved national and international buyers. Multiple photos of the exterior, interior and components of every item will be posted for online buyers. In addition, we provide detailed inspection services on any Buyer Services: Prior to the auction, J.M. Wood Auction provides the buyer with detailed inspection services, financing options and logistical estimates. After the auction, we will coordinate logistics as well as dismantle and containerize equipment headed to the port. Post Auction and Payment Terms: J.M. Wood Auction will furnish a computerized statement ofe each item sold. We will issue seller a check for full settlement within twelve (12) banking days after the date of auction. Any service fees incurred such as clean-up, repairs, and Liens and Encumbrances: Auctioneer acts as Seller's agent. Seller guarantees that he/she is the sole owner of items being sold and states that items are free of all mortgages, liens and encumbrances. Seller agrees to disclose all specific liens, blanket liens, mortgages, taxes, encumbrances or claims of any sort and states he is not connected to claim by Bankrupt Court or! IRS. In the event such claim should exist Seller agrees to pay all legal expense incurred by Auctioneer to protect and defend clear title. Seller hereby authorizes. J.M. Wood Auction Co., Inc. (hereby known as Auctioneer) at the absolute discretion of Auctioneer to carry out title searches in respect oft the equipment at the expense of Seller, buti in no case, shall Auctioneer have a duty to conduct, nor be responsible for the results of any such title search.  questions from prospective buyers prior to the auction.  equipment the prospective buyer may need.  transportation willl be deducted from seller's final net proceeds.  OPTION A: (STRAIGHT COMMISSION) Absolute charged to gross sales. forward to conducting your auction.  J.M. Wood Auction Company, Inc. offers the Dale County Commission a commission rate of 5% Again, thank you for allowing. J.M. WOOD AUCTION COMPANY, INC. to present this proposal wel look  2    Exhibit 5  "We Turn Equipment into Cash"  Sihne AL Dale County Commission  02-28233  Date  1-23-2023  John AlabayhaA  Date  J.M.) ood Auction Co., Inc. Auctonerslense#191  g-idhyn  asla3  Curtis A. Brown - Regional Manager, Govérnmental J.M. Wood. Auction Co..nc.  Datel  0E  THIS DOCUMENT! IS CONFIDENTAL ITCONTAINS PROPRIETARTINPORMATONK THATI ISI INTENDED ONLYFOR USEBYAUTHORIZED! J.M. WOOD4 AUCTION CO., INC. REPRESENTATIVES, ANDAUCTIONEERS THIS DOCUMENT! MAYI NOTE BE COPIED OR SHARED WITHANYPARTY  OTHER: THAN .M. WOODA AUCTION CO., INC. UNAUTHORIZED USE ISS STRICTLYPROHIBITED.  3    Exhibit 5    Exhibit 5    Exhibit 5  THIS DOCUMENT IS CONFIDENTAL; IT CONTAINS PROPRIETARY INFORMATION THAT IS INTENDED ONLY FOR USE BY AUTHORIZED. J.M. WOOD. AUCTION CO., INC. REPRESENTATIVES AND AUCTIONEERS. THIS DOCUMENT MAY NOT BE COPIED OR SHARED WITH ANY PARTY OTHER THAN. J.M. WOOD AUCTION CO., INC. UNAUTHORIZED USE  ISSTRICTLY PROHIBITED.  ATTENTION: All repairs must be performed on the equipment as set forth in this report. Ifany of the above listed repairs are not performed or minimum requirements not met. J.M. Wood. Auction Co., Inc will have the repairs completed and deducted from seller's proceeds. ALLI EQUIPMENT MUST BE IN THE SAME OR BETTER WORKING CONDITION, AS WHEN THIS CONDITION REPORT/APPRAISAL WAS DONE. Should any of the foregoing conditions not be met, the equipment will be subject to reappraisal and/or reevaluation by an agent ofJ.M.  Wood Auction Company, Inc.  CONDITIONS OF TRUCK GUARANTEE not acceptable). Brakes must be at least 60%.  1. Vehicles must bei in road-worthy condition, including engine (example; water in the oil or excessive blow-by 2. Body damage on cab or body is not accepted. Broken glass not accepted, any factory-installed equipment must bei in working condition (radio, air conditioner, lights, dump body tarps, etc.). All units must crank by the 3. Tires must have sound casing, average 60% remaining tread with original rubber in all positions. Each Truck 5. Dump Body and Flat Body alll hoist working properly, no hydraulic leaks, PTO working properly, sidewalls and 6. Trucks must be delivered with on road fuel. No "OFF ROAD" fuel is acceptable and will require that we replace  key.  must have matched tread on rear axles.  4. Trucks must be delivered with clear and acceptable titles ati time of sell.  floors in saleable condition (no bends, pits, or breaks). the fuel and fuel filters on the units in question.  Customer Initial Sh  Date  02-28-23  JMW Initial, Date  5    Exhibit 6  202 S. Hwy 123, Suite A Ozark, Alabama 36360 334.774.7875  Matthew W. Murphy, P.E. County Engineer  DALE COUNTY ROAD AND BRIDGE  February 23, 2023  Cheryl Gainey County Administrator RE: Landfill Budget Amendment  Dear Cheryl,  Irespectfully request to do a budget amendment for the landfill ini the amount of $20,771.60 (additional expense, see attached for breakdown). This work is necessary to perform stormwater correction at the landfill as recommended by Mike Doran of Southeast Environmental Compliance. The work is to be performed by Road and Bridge We also need to amend the budget to add $35,000.00 in professional services to perform landfill permitting and design work to maximize the landfill's potential. The current  personnel and equipment.  landfill permit expires in August of this year.  Sincerely,  Matthew W. County Engineer  3Lu8  Murphy    Exhibit 6  Landfill Stormwater Correction Project  DCP-23-03-23  ID# 2341 Dozier 2456 Excavator 2481 Dump Truck 2482 Dump Truck 139 224 112  Description  Cost 73.30 82.48 73.30 73.30 $ 21.86 17.00 17.79  Hours 50 30 60 60 80 60 60  Total 3 3,665.00 2 2,474.40 4 4,398.00 4 4,398.00 $1 1,748.80 $ 1,020.00 > 1,067.40 : 2,000.00 $20,771.60  Jeff Watson Terry Robinette GarrySrickland Seeding Materials    Exhibit 7  FIRST ADDENDUM TO MEMORANDUM OF AGREEMENT (Second Renewal) BETWEEN AND  DALE COUNTY COMMISSION (DALE COUNTY SHERIFF'S DEPARTMENT)  TROY UNIVERSITY (TROY UNIVERSITY POLICE)  The Dale County Commission and the Dale County Sheriff's Department, E911 desire to place equipment on the Troy University Radio Toweri in Wicksburg (31-12-31.0N 085-36-51.0W) in Houston County. The full intention of the ADDENDUM isi to aid in providing additional Public Safety Communications for multiple Public Safety Entities in Southeast. Alabama as this will provide access for E911 to the P25 Radio The Dale County Commission and the Dale County Sheriff's Department will order and payf fora a Stress Analysis of thei tower which will be provided by Electronic Research Incorporated to assure the tower will pass with respect to thei intended loading which will be provided to Troy University by ERI. Further, the Dale County Commission and the Dale County Sheriff's Department will purchase andi install an additional air conditioner approved by Troy University for the shelter in Wicksburg.  System already in place.  All other actions int the MOA (Second Renewal) remain in force.  IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of  the day and year first above written.  LICENSOR: Troy University  Name:  Hausks,Ja  P  Title: ChaeellG    Exhibit 7  LICENSEE:  Dale County Commission  By:.  Sh K Name: Slele Mh Title: Charnas  0228-33    Exhibit 8  E  0 S  a  3  3 8 x x I a 3 5 1 3  8  goejoud abpue ypajold E 3  3  D /  x  8 6 a of 3 e  a de 8