CORA MISS Dale County Commission Commission Meeting Minutes - June 13, 2023 The Dale County Commission convened in a regular session Tuesday, June 13, 2023. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham; District Three Commissioner Adam Enfinger; and District Four Commissioner Frankie Wilson. Chairman McKinnon called the meeting to order at 10:00am. Commissioner Carroll opened with prayer. Commissioner Wilson followed with the Pledge of Allegiance. APPROVED - AGENDA, MINUTES, & MEMORANDUM OF WARRANTS Commissioner Carroll made a motion to approve the agenda, memorandum of warrants, and minutes: Memorandum of Warrants: Accounts Payable Check Numbers 96315-96487. Payroll Check Numbers: 154912 - 154915. Direct Deposit Check Numbers: 425097 4 425239. Minutes: Commission Meeting of May 23, 2023. Commissioner Grantham seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes June 13,2023 Page2of4 APPROVED - PERSONNEL Commissioner Enfinger made a motion to approve the following: Mason Maxwell Lafferty - New Hire - Custodian - Maintenance Britney Niçole Johnson - New Hire - Custodian - Maintenance Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - EMPLOYEE TRAVEL Commissioner Wilson made a motion to approve the following: Road & Bridge = Matt Murphy, Andrew Faulk, Christian Bostrom - October 11-12, 2023- Bridge Inspection Refresher Training- Alexander City, AL $586.14 Commissioner Grantham seconded the motion, all voted aye. Motion carried. APPROVED - SELECT SERVICE LOCAL BOARD Commissioner Carroll made a motion to approve the following recommendation for service to the Select Service Local Board: Gregory Siegfried and Lee Colby Scott. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - FUND 151, JAIL ADV VALOREM Commissioner Grantham made a motion to approve the expenditure and budget amendment of the following from Fund 151, Jail Ad Valorem. See Exhibit 1. Fencing at jail Kitchen cabinets at jail Commissioner Carroll seconded the motion, all voted aye. Motion carried. APPROVED - ADEM GRANT - RIGHT OF WAYF REMEDIATION Commissioner Wilson made a motion to approve a Solid Waste ADEM Grant for Right of Way Remediation. See Exhibit 2. Commissioner Carroll seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes - June 13, 2023 Page3of4 APPROVED - CONTRACT- RA-DCP-23-01-20 -CR101 Commissioner Grantham made a motion to approve the contract with Wiregrass Construction Co., Inc. for Rebuild Resurfacing Project, RA-DCP-23-01-20, CR 101 (Harris Rd). Commissioner Enfinger seconded the motion, all voted aye. Motion carried. See Exhibit 3. APPROVED - WORK REQUEST - CITY OF OZARK Commissioner Carroll made a motion to approve the work request from the City of Ozark regarding CR 101 (Harris Road). See Exhibit 4 Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - ARPA - R&B OFFICE ADDITION CONTRACT Commissioner Grantham made a motion to approve a contract with Hughes Construction for the ARPA R&B Office Addition project. ARPA Resolution- see Exhibit 5. Commissioner Carroll seconded the motion, all voted aye. Motion carried APPROVED - ARPA: - DALE CO MEDICAL BUILDING DEMOLITION Commissioner Grantham made a motion to approve resolutions for the demolition ofa building for Dale County Medical Center. See Exhibit 6. 1. Revenue Replacement Resolution 2. Resolution to Perform Demolition & Landfill Services 3. Assistance Agreement & Temporary Easement Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - ARPA- DALE CO MEDICAL BUILDING DEMOLITION Commissioner Carroll made a motion to approve the contract with Hopper Moore, Inc. for the demolition of a building for Dale County Medical Center. See Exhibit7. Commissioner Enfinger seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes June 13, 2023 Page 4 of4 APPROVED - 2022 INSOLVENTS. ERRORS, LITIGATION & UNSOLD TAX LIENS Commissioner Wilson made a motion to approve the 2022 Insolvents, Error, Litigation and Unsold Tax Liens presented by the Revenue Commissioner. See Exhibit 8. Commissioner Carroll seconded the motion, all voted aye. Motion carried. APPROVED - ARPA - IAC REVIEW - R&B FUEL SYSTEM Commissioner Grantham made a motion to approve the IAC review for possible ARPA expenditures for a fuel system ati the Road & Bridge shop. Commissioner Carroll seconded the motion, all voted aye. Motion carried. ANNOUNCEMENT - NEXT REGULAR MEETING Chairman McKinnon announced that the next regular meeting of the Dale County Commission will be Tuesday, June 27, 2023, at 10:00am. ADJOURNMENT: CONFIRMATORY STATEMENT Commission Enfinger made a motion to adjourn the meeting. Commissioner Carroll seconded the motion. All voted aye. Motion carried. Itis hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered into the minutes of the Dale County Commission as its official actions. Shz 74 Steve McKinnon, Chairman Exhibit 1 E-MAIL office@aifinc.co WEBSITE AIFinc.co REMITTANCE, ADDRESS POE Box6 808 Ozark, AL3 36361 (334) 774-3929( (P) (334)445-1939 (D AIF AMERICAN IMPERIAL FENCE, INC. Fencing the Southeast CUSTOMERI NAME ADDRESS PHONE E-MAIL JOBN NO PHONE/FAX STATE ZIPCODE DALE CouNT4 SHERIFF OFFICE CIY ATALSAOESTORCTONS IMPOVNC FACILITU DATE 4 AiRyz3 SPECIFICATIONS: Total Height: Posts Spaced: Fence Style: Fabric Gauge: Line Post: End Post: Corner Post: Walk Gate Posts: Drive Gate Posts: Gate Frames: FENCE DIAGRAM: FENCEL LINET TO BEE ERECTED: > la' : TIE-ON: TERMINALPOST o EXISTINGFENCE: XXX B. C. KeepF Fabric Tighl to Ground EBel Levela and Splitt the Grade BeL Levelv with! Highest Grade BUILDINGS: SINGLEGATE: 50 DOUBLEGATE: GAAsI C 6r à FENCE TO: A. Follow Slope ofG Ground D. Bel Leveiv withl Lowest Grade Top Rail êr Top Cable: S"GA O.D. 1X747 O.D. 23 37 O.D. 2" Ss As O.D. 23'743 O.D. O.D. O.D. SUBTOTAL 157s A5 QTY UNIT DESCRIPTION 17 LF LINE OF FENCE K EA END/CORNER: POSTS 2 EA GATE POSTS o LF BARBED, /RAZOR WIRE EA SINGLE GATE 4 FT o EA DOUBLE GATE- 177 LF TENSION CABLE a EA TIE-ON TO EXISTING FENCE 0 LF SITE CLEARING a LF REMOVE EXISTING FENCE a EA PERMIT FEE 64' D6S 8 7 FT Imfar's B6 491 37 TOTAL CONTRACT PRICE: TERMS: CASH OR CHECK DUE UPON COMPLETION 547 ESTIMATED BY: Quotation validf for7 days C.SPAtA CUSTOMER SIGNATURE: FORMDESIGNED: BV: CHRIS Rev(5)3 3/30/17 WHITE-C Office; GREEN-Sales; PINK-Operations; YELLOW-Customer Exhibit 1 Estimate Estimate # 697 Southern Installations Cabinet Shop, LLC 1471 W. Roy Parker Road Ozark, AL 36360 Date 5/16/2023 Name /Address DALE COUNTY COMMISION JAIL CABINET Project Total 2.500.00 Description Qty Rate 2.500.00 Cabinets & Vanities Total $2.500.00 Exhibit 2 STATE OF ALABAMA MONTGOMERY COUNTY ) CONTRACTUAL, AGREEMENT BETWEEN DALE COUNTY COMMISSION ANDTHE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT This Agreement is entered into between Dale County Commission (Contractor) and the Alabama Department of Environmental for beneficial Management (Department). This Agreement will provide for the collection, management, disposal, and/or offering solid waste, funded the Solid Waste Fund, for worked performed within the State of Alabama. use of regulated by The parties hereto agree as follows: The Contractor will provide 1. Scope of Services services as set out in the Scope of Services, which is included with this Agreement as Thel Payment Department agrees tor reimburse the Contractor an amount not to exceed$150,000 fort the services performed The Contractor shall submit invoices per the Alabama Environmental Permitting and Compliance System an' needed" basis tot thel Department for actual costi incurred. The final invoice shall be submitted within thirty Fori items with ay value from $1,000.001 to $24,999.99, three such quotes or attempts for quotes must be obtained. Attachment A, and which is incorporated as iffully set out herein. A. 2. under this Agreement. accordance with state law. B. (AEPACS) on "as C. D. Unless otherwise in the work-plan, mileage, travel and per diem costs will be reimbursed in specified (30) days' oft the expiration oft this Agreement. et. seq. ofthe Code of Alabama, as amended. of substantial failure by the Contractor The purchase of any items or the execution of any contract shall comply with the Alabama Procurement Law Sections 41-4-110 be terminated or suspended in whole or in part in writing by the Department in the event This agreement may to fulfill its under the agreement. Termination of the agreement will be obligations the agreement not be effected unless the Contractor is given: controlled by the terms of Section 4 below. A suspension of may ofi intent to suspend; and (i) not less than ten calendar days written notice (delivered by certified mail, retum receipt requested) (ii) an opportunity for consultation with the suspending party prior to the suspension. receipt of a notice of termination pursuant to Section 4 or suspension under Paragraph D of this Section, the Upon Contractor shal!: () promptly discontinue all effected work (unless the notice directs otherwise), and (ii) deliver or otherwise estimates, summaries and such other information and materials as may make available to ADEM all data, specifications, reports, have been accumulated by the county in performing the contract, entitled to compensation: fors satisfactory work completed under the agreement. whether or in process. The Contractor shall be completed 3. Term of Agreement shall ont the date on which this Agreementi is executed and: shall terminate ofsufficient funds from the Alabamal Legislature and/or All work performed under this Agreement begin the the! Solid Waste Fund andi is subject to termination int the event ofp proration this on September 30, 2026. This Agreement is conditioned upon receipt ofthe fund from which payment under this Agreement ist to be made. Ifthet term oft this Agreement extends beyond one fiscal year, Agreement subject This is to termination in the event Agreement may under this Agreement, be for the continued oft the contract in subsequent fiscal years. that funds are not appropriated payment amended by the mutual written agreement ofboth parties. Termination of Agreement for Cause manner its Ifthrough any cause, the Contractor shall fail to fulfill in at timely and proper obligation shall or if the Contractor shall violate any of the covenants, agreements or stipulations of this Agreement, termination: the Department thereupon have the right to1 terminate this Agreement by giving written noticet to the Contractor ofsuch finished and or specifying unfinished the effective date thereof at least 30 days before the effective date ofsuch termination. In that event, its any and the Contractor studies, reports or other work by the Contractor shall, at the option oft the Department, become under property this shall be entitled to receive just and equitable compensation for any satisfactory work completed Agreement. Exhibit: 2 5. Termination for Convenience oft the Department written notice to the Contractor ofsuch termination The Department may terminate this Agreement at any time by giving date of such termination and under the same finished or unfinished studies, reports or other work by the Contractor: shall, at the option ofthel Department, work property. and specifying the effective date thereof, at least 30 days before the effective conditions as herein set forth for the Department, the Contractor may cancel this Agreement. Int the event of cancellation, all become itsp satisfactorily is terminated by the Department as provided herein, the Contractor shall be paid for all Ift the Agreement completed prior to termination. Changes from time to time, require changes in the scope of services of the Contractor to be performed The Department may, hereunder, Such changes, including any mutually agreed upon by and between the Department increases or decreases in the amount of the Contractor's compensation, which are and the contractor shall bei incorporated in written amendments to this Agreemerit. 7 Title VI and Equal Employment Opportunity the Civil The Contractor will comply with Title VI of VIofthat/Act, no person in the United States shall, ont the ground Act of 1964 (88-352) and all requirements oft the U. S. Rights to that title, to the end that in accordance with Title Environmental Protection. Agency (hereinafter called" "EPA")i issued ofrace, pursuant or national origin be excluded from participation color, or activity funded this contract. in, be denied the benefits of, or be otherwise subjected to discrimination under any program by be discrimination employee who is employed in the work covered by this Agreement, or There shall no against any ofrace, sex, national origin, age, or disability covered by the or termination; rates of pay or other forms of compensation; against any applicant fors such employment, because shall include, color, but religion, not be limited to, the following: employment, upgrading, Americans with Disabilities Act. This provision demotion or transfer; recruitment or recruitment advertising; layoff and selection for training including apprenticeship. The Contractor shall insert as similar ina all subcontracts for services provision covered by this Agreement. 8. Interest ofl Members oft the Department and Others members of the Environmental Management Commission, in decisionrelating to this Agreement whicha affects his personali interest or have any personal or pecuniaryi No officer, member or employee of the Department and no localities in which the who exercise any functions or responsibilities in the review or approval oft the undertaking carrying is situated or being carried out out oft this and no other public official of the governing body oft the locality or direct or indirect, in this agreement or the proceeds Assignability The Contractor shall not assign any r0. Findings Confidential project or shall project, interest, participate any 9. thereof. interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent oft the Department. to or or assembled by the Contractor under this Agreement which the Any reports, information, data, etc., given prepared individual or by the Contractor Departmént requests to be kept as confidential shall not be made available to any would be contrary organization to the law of the State of without the prior written approval of the Department, unless such confidentiality Alabamaiort the United States. i1. Acknowledgment printed information or other materials produced for dissemination under this agreement "This project was funded or partially funded by the Alabama Department of Environmental Management." Videos, films, computer disks, must include the Department's logo, prominently displayed, along with the folowingacknowiadgment. 12. Reproducible Materials ready and/or computer ready as appropriate. or art works delivered to the Department under this agreement shall be camera Any printed information, photographs The master tape of any video or audio productions will be delivered to the generated under this agreement will be delivered to Department in an immediately reproducible form. Any computer program the Department in an original andi immediately reproducible form. 13. Officials Not tol Benefit No member of or delegate to the Congress admitted to any share or part hereofo or to any benefit to arise herefrom. of the United States of America, and no resident commissioner, shall be 2 Exhibit 2 14, Copyright other documents or products produced in whole ori in part under this Agreement shall be the subject Nor reports, maps, or of an appliçation for copyright by or on behalf of the contractor. 15. Audits and Access to! Records Requirements, Cost Principles and Audit Requirements by the Contractor of the auditor'sr report. Director of ADEM or any ofhis/her duly oft the federal Single Audit Act and OMB's Uniform Administrative The Contractor agrees to abide by the requirements for Federal Awards (commonly called Uniform Guidance). When financial statements are prepared, and an audit is performed as a result OfOMB oft this contract within thirty (30) days ofr receipt Uniform Guidance requirements the Contractor shall provide the Department with a copy ofi its audit report covering the period Uniform Guidance is the Contractor agrees that the comptroller General of the United States or any applicable the Secretary of Commerce or any. of his/her duly authorized representatives, the IfOMB of his/her jduly authorized representatives, authorized representatives, and the Chief Examiner oft the Department ofl Examiners of directly pertinent books, documents, papers, and records of the Contractor involving transactions pertinent books of Agreement. the Contractor until the expiration oft three (3): years from the date of examine, and make excerpts or transcripts from any Public Accounts and any ofhis/her duly authorized representatives shall, to submission ofthe final financial report, have access to and the right audit, Contractor agrees to provide access to any or all documents, papers, records, Director and directly of ADEM. involving transaction related to this Agreement upon written request from the related to this The 16. Taxes payment of any applicabie federal and state taxes which may be The Contractor is responsible for reporting and making due as ar result of payments received pursuant to this Agreement. 17. Contractor Not Entitled to Merit System Benefits shall Contractor or ofi its employees be entitled to 18. Not to Constitute al Debt oft the State/Settlement contained of Claims herein shall not be constituted as a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution Alabama, statute or Constitutional provision or amendment, Iti is further agreed that ifa any provision of this contract shall contravene any then the either now in effect or which may, during the course of this contract, be enacted, and all conflicting shall be deemed null and void. The contractor's sole remedy for the settlement of any State disputes of Alabama. arising this agreement shall be limited to the filing ofac claim with the Board of Adjustment for the For any disputes arising under thet terms oft this contract, the parties Governor, and Attorney General, when considering settlement of such disputes, and alternativé dispute resolution including, but not limited to, mediation by through Administrative hearings or where appropriate, private mediators. Dale County Commission acknowledges Dale requisite state government approvals and County In the case of Non-State Agencies under no circumstances the receive thel benefits granted to State employees under thel Merit System Act by reason oft this any Agreement. Iti is agreed that the terms and commitments of 1901, as amended by Amendment Number 26. provision in the contract under the terms of forms of non-binding hereto inc compliance with the recommendations ofthe agree, to utilize the appropriate Attorney General's Office of 19. Requisite Reviews and Approvals and understands that this contract is not effective until itl has received all Commission: shall not begin performing work under this contract until Dale County Commission is entitled to no notified to do so by the Alabama Department of Environmental Management. compensation for work performed prior tot the effective date ofthis contract. 20. Immigration Affirmation Bys signing this contract, the contracting immigration law or knowingly employ, hire for employment, violation ofthis Alabama. Furthermore, a contracting party found to be in and shall be responsible for all damages resulting therefrom. parties affirm, fort the duration ofthe agreement, that they will not violate federal or continue to employ an unauthorized alien within the State of shall be deemed in breach ofthe agreement provision 21. Prohibition: against Boycotting by Contractors certifies iti is not currently Inc compliance with Act 2016-312, the Contractor hereby with that in, the boycott ofap person or an entity based in or doing business ajurisdiction" in, and will note engage with which this engaged State can enjoy open trade. 3 Exhibit 2 22. Suspension and] Debarment its The Contractor certifies to the best of knowledge requirements of2 CFR 180.335 and understands that falsely representing of this contract may result in the rejection of this proposal or termination ofthe and belief that it and the principals are in compliance with the this certification by accepting thet terms and conditions award. 23. No Funds for Lobbying funds have Clause. been paid or will be paid, by or on behalf of the undersigned, to any person for No Federal appropriated influencing or attempting toi influence an Congress, or an employee ofal Member of Congress Federal grant, the making of any Federal loan, the entering officer or agency, a Member of Congress, an officer or employee of employee in connection of any with the awarding of any Federal contract, the making ofa any into ofa cooperative agreement, and the extension, continuation, any agreement. If any funds other than to influence an officer or renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative Federal appropriated funds have been paid or will be paid to any person for influencing or attempting al Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, employeelofany agency, and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its the undersigned shall complete instructions.. DALECOUNTY COMMISSION mL WA Steve McKinnon, County Commission Chairman ALABAMA DEPARTMENTOF ENVIRONMENTAL MANAGEMENT BrPlaule Elion Lance R. LeFleur Qirector AstoL Legal Form G hereto have executed this Agreement on this the day of WHEREOF, the u K IN WITNESS parties duly Exhibit 2 ATTACHMENT A SCOPE OF SERVICES This Scope of Services applies to the çollection, management, recycling, and disposal of regulated solid waste funded by the Alabama Solid Waste Fund. The associated contractual agreement shall reimburse expenses associated with the services described below up to $150,000 for the duration of the contract or until the contract is otherwise The Dale County Commission shall furnish all necessary labor, supervision, equipment, the tools, materials, supplies, and any other items or activities related to providing 1. The collection of non-hazardous regulated solid waste (as defined by ADEM Admin. Code r. 335-13), to exclude scrap tires and scrap tire materials, from county right- of-way locations |Note: The collection and proper disposition of scrap tires and scrap tire materials may be managed under the Scrap Tire Right-of-Way Program in A. The collection or removal of hazardous waste (as defined in ADEM Admin. Code r.3 335-14) is strictly prohibited under this scope of service. Ifhazardous waste is discovered during the execution of a project, the project shall be halted and the waste reported to the Department immediately for its consideration. B. To be eligible for reimbursement under this scope of services, the above- referenced locations (sites) must contain a minimum of five (5) cubic yards of regulated solid waste but not more than 25 cubic yards of regulated solid waste and fall within a 100-footradius of the centerline oft the countyroad. All qualifying sites must be submitted to the Department for approval with location information (such as addresses, road names, and GPS coordinates) and photographic C. Only those qualified and approved sites, as per Section 1.B, located on the county Upon project completion, all regulated solid waste collected from the county right- of-way site shall be transported to an approved landfill unit or legitimate recycling modified or terminated. following services: Sections 1 and 4 of the program's Scope of Services.): evidence before remediation can take place. right-of-way can be addressed under this scope of service. facility as approved by the Department. establish monitored collection center(s). (i.e. roll of containers) for 3. The County solid may waste collected from the ROWS within its jurisdiction. Such regulated collection centers will be subject to prior approval by the Department and will be subject to certain requirements and limitations. conduct site restoration activities to minimize erosion in those areas 4. The County will where soils have been disturbed by heavy machinery,freguired. 5. The County will submit to the Department, after each project completion in the corresponding quarter, a Payment Request and supporting documentation for the Page 1of2 Exhibit 2 collection, management, recycling, or disposal of all collected regulated solid waste A. The County shall use the Alabama Environmental Permitting and documentation Compliance System's (AEPACS) external portal to receive and submit all associated with this program going forward (see Condition 4.B.). All counties, County Commissioners, and their authorized representatives enrolled in the Unauthorized Dump Right-of-Way Program will be given access to the AEPACS portal and instructions on how to use the external portal to complete and submit B. The payment request must include, at a minimum, the following: appropriate disposal and recycling receipts, labor and equipment breakdown and costs, current industry standard equipment rates,, post-remediation photography, and documents deemed by the Department to be relevant to the clean-up, from the county right-of-way: their required documentation. any recycling, or disposal of regulated solid waste. C. The Department will neither accept nor approve payment requests submitted of that outside of the current fiscal year unless submitted for the fourth quarter D. Project reimbursement must be submitted within the quarter or no more than 6. The Department reserves the right to withhold reimbursement for any services of deemed unrelated to the collection, management, recycling, and disposal regulated solid waste such as overtime or weekend hours, supplementing of county employee salary, unreasonable equipment or employee costs, or any other cost deemed by the Department to be unrelated to the collection, disposal, and recycling of regulated solid waste. The Unauthorized Dump Right-of-Way Program was removal of regulated solid waste found along their county right-of-ways. submitting a Payment Request, the responsible county personnel should contact the Department with questions regarding acceptable reimbursements. current fiscal year. 30 days after which the work was completed. counties offset the costs associated with the established as a courtesy to help Before This agreement shall remain valid from the date of execution of the interagency cooperative agreement until September 30, 2026. Page 2of2 Exhibit 3 R 202 S. Hwy 123, Suite. A Ozark, Alabama 36360 334.774.7875 Matthew W. Murphy, P.E. County Engineer DALE COUNTY ROAD AND BRIDGE May 23, 2023 Wiregrass Construction Company, Inc P.O. Box 48 Ariton, AL 36311 Re: RA-DCP23-01-20 Dale County Dear Sir/Madam: project. Resurfacing CR-50, CR-101, Rebecca Ln, CR-1 Dale County Commission has this date awarded you the contract for the above referenced The following documents are to be returned to this office within fifteen (15) days from the date this contract is presented to you: Executed Contract Performance Bond Labor & Material Payment Bond Ifyou have any questions, or need additional information, please advise. Sincerely, Matthew W. County Engineer 3Lur5 Murphy Exhibit3 3 CEA County Rebuild Alabama Fund ACEA Project Specific Contract REBUILD CONTRACT THIS. AGREEMENT made and entered into this_ 23rd day of May 2023, by and between DALE COUNTY, ALABAMA, a political subdivision of and Body Corporate in the State of Alabama, party of the first part (hereinafter called the COUNTY) and WIREGRASS CONSTRUCTION COMPANY,INC, party of the second part (hereinafter called the CONTRACTOR), WITNESSETH: WHEREAS, the COUNTY desires the improvement and construction of a certain road hereinafter: more particularly described and the CONTRACTOR desires to furnish and deliver all materials and to do and perform all the work and labor for the said purpose; and WHEREAS, the County has awarded the contract in compliance with Title 39 of the WHEREAS, The County certifies the following source of funds and their availability for Code of Alabama and the Rebuild Alabama Act, Act No. 2019-2; and the County'sobligations under this contract: Source of Sufficient Funds X County Funds Grant Funds Other Funds Availability of Funds X Above funds are. held by Dale County at contract execution Above funds willl become available following contract execution NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained and the sum of one dollar ($1.00) by each of the parties to the other in hand paid, the 1. The CONTRACTOR promises and agrees to furnish and deliver all the material and to do and perform all the work and labor required to be furnished and delivered, done and performed in and about the improvement and construction of a road in, DALE COUNTY, known as PROJECT NUMBER RA-DCP-23-01-20 in strict and entire conformity with the provisions of the Contract, and the Notice to Contractors and the Proposal, and the Plans and Specifications (including Supplemental Specifications) prepared (or approved) by the Dale County Engineer, the originals of which are oni file receipt whereof is hereby acknowledged, the parties hereto agree as follows: in the Office of the County Engineer of Bidder's Initials: Exhibit 3 ACEA County Rebuild Alabama Fund ACEA Project Specific Contract REBUILD PAGETWOOF CONTRACT Dale County, and which said Plans and Specifications, Notice to Contractors, Bid Documents, and the Proposal (copy attached) are. hereby made a part of this Agreement as fully and to the same effect as the same had been set forth atlength in the body of 2. The COUNTY agrees and promises to pay to the CONTRACTOR for said Work in compliance: with the provisions of Rebuild Alabama Act, Act No. 2019-02, as amended, and the Alabama Public Works Law, Alabama Code Title 39, as amended, when completed in accordance with the terms set forth in this Contract, which includes the Bid Items & Specifications, Bid Proposal, Insurance Requirements, Bid Bond, Performance Bond, Payment Bond; upon the terms and at the price as set forth in the Bid Proposal, payments made as provided in said Bid Items & Specifications upon 3. The said work shall be done in accordance with the laws of the State of Alabama under the direct supervision, and to the entire satisfaction of the County Engineer of Dale 4. The decision of the County Engineer of Dale County upon any question connected with the execution of this Agreement or any failure or delay in the prosecution of the Work this Agreement. presentation of the proper certificates of Dale County. County or his representatives. by the said CONTRACTOR shall be final and conclusive. IN WITNESS WHEREOF, DALE COUNTY has caused these present to be executed by Steve McKinnon CHAIRMAN of the DALE COUNTY COMMISSION AND CONTRACTOR, WIREGRASS CONSTRUCTION COMPANYINC THE (Name of Contractor) has hereto set his/her hand and seal this day and yearabove written. THE DALE COUNTY COMMISSIONOF DALECOUNTY, ALABAMA BSh *K Chairman Attest: (SEAL) (County Bbr Bidder's) Initials: Exhibit 3 ACEA County Rebuild Alabama Fund ACEA Project Specific Contract REBUILD NAME OF CONTRACTOR: WIREGRASS CONSTRUCTION COMPANY, INC. (Individual, Partnership, Joint Venture or Corporation) ALABAMA CONTRACTORSLCINSE: NUMBER: 5957 Bun Signature) - (Print Name) (Title) By: "gAa Ggd James Owens Vice President (Print NameAssistant Jamey Padget Secretary (Title) (Witness) (Print Name) (Title) (Witness) (Print Name) (Title) Asst (Title) (Contractor's Signature) (Print Name) (Title) By: (Contractor's! Signature) (Print! Name) (Title) Samey Padgut (Name) thatIam the certify Secietan oft the Corporation named as Contractor herein, that OqmesO.ens signed this Contract on behalf of the Contractor, was then, NMe-Pesidunt who of (Name of person signing for contractor) (Title of Person Signing) said Corporation; that said contract was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporation by authority of its corporate powers. (Corporate Seal) Bidder'sInitials: Exhibit 3 ACEA( County Rebuild Alabama Fund ACEA Project Specific Contract REBUILD STATE OF ALABAMA] COUNTY OF DALE] I, the undersigned authority, a Notary Public in and for said State and Coynty, hereby certify that Cans Cwens whose name as Nice-Pesident (Name ofI Person Signing Contract) (Title of Person Signing) acorporation, is signed to of WIREGRASS CONSTRUCTIONI COMPANY,INC. the foregoing (Name of Individual, Partnership,. Joint Venture or Corporation) executed the same voluntarily and as the act of said corporation. Given under my hand and Official Seal this the day of instrument, and who isl known to me, acknowledged before me on this day, that being informed of the contents of the within instrument, he, as such officer and with full authority 2023. NOTARYPUBUCDale. COUNTY,ALABAMA (NOTARYSEAL) B My commission expires MYCOMMISSIONI EXPIRES8-1-2025 STATE OF ALABAMA] COUNTY OF DALE] I, kNdo Juwe Wller hereby certify that Skepilaaand a Notary and forsaid State and County, names as 2 President/Chairman and Administrator, respectively, of the DALE COUNTY COMMISSION of DALE COUNTY, a body corporate and politic, are signed to the foregoing instrument and who are known to me, acknowledged before me on this day, that, being informed of the contents of the instrument, they as such officers and with full authority, executed the same Given under my hand and notarial seal on this the day of 1Hhk voluntarily on the day the same bears date. CXude fue Mulw 2023. NOTARY PUBIC, Dale COUNTY,ALABAMA 11-14-2020 My commission expires Bidder'sInitials: Exhibit 3 County Rebuild Alabama Fund ACEA Project Specific Contract REBUILD PERFORMANCE BOND KNOW ALLI MEN BY THESE PRESNETS: That we. Wiregrass Construction Company, Inc. 8974 N. US Hwy 231, Ariton, AL 36311 (Insert here the name & address of legal title oft the Contractor) hereinafter called the Principal, and Western Surety Company and Liberty Mutual Insurance Company 151 N. Franklin Street, Chicago, IL 60606 and 175 Berkeley Street, Boston, MA 02116 (Insert here the name and address ofl legal title of one or more sureties) hereinafter called the Surety or Sureties, are held and firmly bound unto the Dale County Commision, aj political subdivision of and Body Corporate in the State of Alabama, hereinafter called the Owner in the penal sum of One Million Three Hundred Ten Thousand Three Hundred Ninety-Nine and 16/100 Dollars $1,310,399.16 for the payment whereof the Principal and the Surety or Sureties bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,firmly, by these presents. WHEREAS, the Principal has, by means of a written agreement, dated May 23, 2023 (Date of Contract) entered into a contract with the Owner for: RA-DCP-23-01-20 which agreement: is by reference made a part hereof, NOW THEREFORE, The conditions of this obligation is such that if the Principal shall faithfully perform the Contract on his part, and satisfy all claims and demands, incurred for the same, and shall fully indemnify and save harmless the Owner, its officers, appointees, employees, and agents from all cost and damage which he may suffer by reason of failure to do SO, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good for. any such default thence this obligation shall be null and void; PROVIDED, HOWEVER, that no suit, action or proceedings, by reason of any default whatever be brought on his Bond after twelve months from the day on which the final PROVIDED, further, that the said surety or sureties, for value received hereby stipulate and agree that no change, extension of time, or addition to the terms of the Contract or to the work to be performed thereunder of the Specifications thereof shall in any way effect their obligations on this bond, and they do hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the Specifications. otherwise, it shall remain in full force and effect. payment under the Contract falls due. Bidder's Initials: Exhibit 3 Rebuild Alabama Fund REBUILD CEA County ACEA Project Specific Contract PERFORMANCE BOND Page 2of2 INWITNESS WHEREOF, wehavel hereunto set our hands and seals, this the 23rd respective parties. day of_ May 2023, pursuant to the authority oft the governing body ofe each of our NAME OF CONTRACTOR WIREGRASS CASTNICTONCANEANINC (Individual, Partnership, Joint Venture or Corporation) Dun Signature) James Owens (Print Mee/President 875 "Ba Jamey-Padget (Print Naresistant Secretary (Title) By: (Title) (Witness) (Print Name) (Title) (Witness) (Print Name) (Title) (Contractor's! Signature) (Print Name) (Title) By: ContractorsSignature) (Print) Name) (Title) Western Surety Company and Liberty Mutual Insurance Company NAMEC OF SURETY Ruul ATTORNEY-IN-FACT Renee Ellis Countersigned by Alabama Licensed Insurance Producer for Surety, ifa applicable: Renee Ellis, License No. 041779 Producer's) Name 2601 Beli Road, Montgomery, AL 36117 Address NOTICETO! INSURANCE PRODUCER: Please print or writel legibly your name and Complete address below including PRODUCER'S COMPANY Renee Ellis By: Turner Insurance & Bonding Company 2601 Bell Road, Montgomery, AL 36117 PRODUCERSCOMPANY License. No. Bidder's Initials: Exhibit 3 EA County Rebuild Alabama Fund ACEA Project Specific Contract REBUILD PAYMENT BOND KNOW ALL MEN BYTHESE PRESENTS, that we. Wiregrass Construction Company, Inc. 8974 N. US Hwy 231, Ariton, AL: 36311 as Principal, (Insert here the name & address ofl legal title of the Contractor) and' Western Surety Company and Liberty Mutual Insurance Company 151 N. Franklin Street, Chicago, IL6 60606 and 175 Berkeley Street, Boston, MA 02116 (Insert here the name and address of legal title of one or more sureties). as Surety, are held and firmly bound unto said Dale County Commission, a political subdivision of and body corporate in the State of Alabama, hereinafter called the Obligee, in the penal sum of One Million Three Hundred Ten Thousand Three Hundred Ninety-Nine and 16/100 Dollars ($1,310,399.16 lawful money of the United States, for the payment of which sum and truly to be made, we bind ourselves, our heirs, personal representatives, WHEREAS, said principal has entered into a certain Contract with said Obligee, dated successors and assigns, jointly and severally, firmly by these presents. MAY23,2023. (Hereinafter called the Contract) for (Date of Contract) RA-DCP-23-01-20 which Contract and the Specifications for said work shall be deemed a part hereof as fully as if NOW,THEREFORE, The Condition of this Obligation is such that if the said Principal and all subcontractors to whom any portion of the work in said contract is sublet and all assignees of said Principal and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, materials, or supplies for or in the prosecution of the work provided for in such Contract, or any amendment or extension of or addition to said Contract, and for the payment of reasonable attorey's fees incurred by the successful claimant or plaintiffs in suits or claims against the contractor arising out of or in connection with the said contract, then the above obligation shall be void; otherwise to: remain in full force and effect. PROVIDED,HOWEVER. that this bond is subject to the following conditions and limitations. (a) Any person, firm or corporation that has furnished labor, materials, or supplies for or in the prosecution of the work provided for in said Contract shall have a direct right to action against the Principal and Surety on this bond, which right of action shall be asserted in a proceeding, instituted in the County in which the work provided for in said Contract is to be performed or in any County in which said Principal or Surety does business. Such right of action shall be asserted in a proceeding instituted in the name of the claimant or claimants for his or their use and benefit against the Principal and Surety or either of them (but not later than one year after the final settlement of said Contract falls due) in which action such claim or set out herein. claims shall be adjusted and judgment rendered thereon. Bidder'sl Initials: Exhibit 3 County Rebuild Alabama Fund ACEA Project Specific Contract REBUILD PAYMENT BOND Page 2of3 (b) The Principal and Surety hereby designate and appoint the President/Chairman of the County Commission of Dale County, Dale County, State of Alabama, or his successor or representative as the agent of each of them to receive and accept services of process or other pleading issued, or filed in any proceeding instituted on this bond and hereby consent that such service shall be the same as personal service on the Principal and/or Surety. (c) The Surety shall not be liable hereunder for any damages or compensation recoverable (d) In no event shall the Surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or proceeding thereon that is instituted later than one year after the under Workmen's Compensation or Employer'sLiability Statute. final settlement of said contract. (e) This Bond is given pursuant to $39-1-1 Lof The Code of Alabama, 1975 edition. The: remaining on this page is intentionally left blank. Bidder's) Initials: Exhibit 3 County Rebuild Alabama Fund ACEA Project Specific Contract REBUILD PAYMENT BOND Page3of3 INWITNESS WHEREOF, wel have hereunto set our hands and seals, this the 23rd day of May respective parties. 2023, pursuant to the authority of the governing body ofe each of our NAMEOFCONTRACTOR: Wiregrass Construction Company, Inc. (Individual, Partnership.Joint' Venture or Corporation) Bpe James Owens ga Jamey (Print! Name) Vice President (Print Name) Assistant Padget Secretary (Title) By:. (Title) (Witness) (Print) Name) (Title) (Witness) (Print Name) (Title) NOTICETO! (Contractor's! Signature) (Print Name) (Title) By:. Contracto/sSignatur) (Print) Name) (Title) Western Surety Company and Liberty Mutual Insurance Company OFSURETY- Finstlr INSURANCE. PRODUCER: Please print or writel legibly your name and Complete address below including PRODUCER'S COMPANY Renee Ellis By:- ATTORNEYN-FACT Renee Ellis Countersigned by Alabama Licensed Insurance Producer for Surety, if applicable: Renee Ellis, License No. 041779 Producer's. Name 2601 Bell Road, Montgomery, AL 36117 Address Turner Insurance & Bonding Company 2601 Bell Road, Montgomery, AL 36117 PRODUCERSCOMPANT License. No. Bidder'sInitials: Exhibit 3 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY-IN-FACT Know AllI Men By" These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, isac duly organized and existing corporation having its principal office int the City of Sioux Falls, and State of South Dakota, and that it does by virtue oft the signature and seal herein affixed hereby Thomas J Gentile, Billie Jo Sanders, Renee Ellis, Paul B Scott Jr., David J Durden, Milton make, constitute and appoint AI KopflllJoshua Price, Individually of Montgomery, AL, its true and lawful Attorney(s)-in-Fact with fulli power and authority hereby conferred tos sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similarr nature In Unlimited Amounts - and to bind itt thereby as fully and tot the same extent asi ifs such instruments were signed by a duly authorized officer oft the corporation and all the acts ofs said This Power of Attorey is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, asi indicated, by In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be Attomey, pursuant tot the authority hereby given, are hereby ratified and confirmed. thes shareholders oft the corporation. hereto affixed ont this 6th day of. January, 2022. WESTERN SURETY COMPANY SEAV! President AIEH Paul T.Bruflat, Vice State ofSouth) Dakota County ofN Minnehaha On this 6th day of. January, 2022, before me personally came Paul" T. Bruflat, tor me known, who, being by me duly sworn, did depose and say: that he residesi int the City of Sioux Falls, State of South! Dakota; that! hei ist the Vice President of WESTERN! SURETY COMPANY described in and whiche executed the above instrument; that hel knows the seal of said corporation; that the seal affixed to the said instrument iss such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that hes signed his name thereto pursuant tol like authority, and acknowledges same tob bet the acta and deed ofs said corporation. My commission expires March2 2,2 2026 M.BENT GADSOUIK NOTARY DARIAGO PUSLICC mBent M. Bent, Notary Public CERTIFICATE I,L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that thel By-Law oft the corporation printed on the reverse hereofi is still in force. In testimony whereofI have hereunto subscribed my name and affixed thes seal oft thes said corporation this 23rd day of May, 2023. WESTERN SURETY COMPANY SEAV TNE DAKO L,Neison,A Secretary Form F4280-7-2012 lae Go to www.cnasurety.com: > Owner / Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity. Exhibit 3 This Power of Attorneyl limits the acts oft thoser named herein, andt they haver no authority to bind the Company excepti int ther manner andt tot thee extent hereins stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Liberty Mutual. SURETY Certificate No: 8206786-016010 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Companyi isa corporation duly organized under the laws oft the State of New Hampshire, that Liberty Mutuall Insurance Companyi isa corporation duly organized under thel laws ofthe State ofN Massachusetts; and West American! Insurance Companyi isac corporation dulys organized Jo under thel laws oft the State ofl Indiana (hereino collectively called the" Companies"), pursuantt to andb bya authority herein set forth, does herebyn name, constitute anda appoint Billie Sanders; DavidJ J Durden; Joshua Price; Milton A. Kopf, Paul B. Scott. Jr: Renee Ellis, Thomas J. Gentile alloft thec cityof persons. Montgomery state of AL each individuallyifth there ber morei thand oner named, itst true andl lawfula attorney-in-factt tomake, execute, seal, acknowledge: and deliver, for ando oniisb behalfa ass suretya anda asi itsa acta ando deed, any and all undertakings, bonds, recognizances and other surety obligations, inp pursuance oft these presents and shall be as binding upon the Companies asi ifthey! havel been duly signed byt the president and attested byt thes secretary oft the Companies int their own proper IN WITNESS WHEREOF, this Power of Attorney hast been subscribed! by ana authorized officer or official oft the Companies andt the corporate seals oft the Companies have! been affixed thereto this 10th day of_ November 2021 Liberty! Mutuall Insurance Company The Ohio Casuallyl Insurance Company West American Insurance Company JAnE David M. Carey, Assistant Secretary INSUR 1912 INSURA 1991 1919 By: State ofF PENNSYLVANIA SS County of MONTGOMERY Ont this IOth dayof_ November 2021 beforer me personally appeared DavidN M. Carey, who acknowledged! himself tob bet the Assistant Secretary ofLiberty Mutuall Insurancel Company, The Ohio Casualty Company, and West American Insurance Company, andt that! he, ass such, being authorized sot toc do, execute the foregoing instrumentf for thep purposes INV WITNESS WHEREOF, Ihavel hereuntos subscribed myr name anda affixedr myr notarials seala atk King ofP Prussia, Pennsylvania, ont the day andy year firsta above written. therein contained! bys signing ont behalf ofthec corporations! by! himselfa asad duly authorized officer. PAS, OF ARY PUS Commonweaitho afPennsylvania- Notary Seall TeresaF Pastella, NotaryF Public Montgomery County March2 28, 2025 Myc commissione expiresN Commissionr number 1126044 Member, PennsylvaniaA Associationo ofNolaries hatillw By: Pres Teresal Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual ARTICLEIN-OFFICERS: Any officer or other official Section1 oft the Corporation 12. Power ofA authorized Attorney. fort that purpose in writing! by the Chairman ort the President, and subject tos such limitation as the Chairman or thee President may prescribe, shall appoints such attomeys-in-fact, as may ber necessary to acti inb behalf oft the Corporation tor make, execute, seal, acknowledge and deliver ass surety] a= any and allu undertakings, bonds, recognizances and other surely obligations. Such attoreys-in-fact, subjectt tot thel limitations setf forth int their respective powers ofa attorney, shallg have full power to bind the Corporation by their signature ande execution of any such instruments and to attach thereto the seal oft the Corporation. When SO executed, under such the 8 instruments shall bea as bindinga asi ifs signed by the President and attested tobyt the Secretary. Any power or authority grantedt to any representative or attomey-in-ia fact provisions oft this articler mayb ber revokeda ata anyt timet byt the Board,t the Chairman, theF President orb byt the officer or officersgranting such power ora authority. shall appoint: such attomeys-in-fact, asr may ber necessary to acti inb behalf oft the Companyt to make, execute, seal, acknowledge and deliver as surety any undertakings, bind bonds, recognizances and others surety obligations. Such attorneys-in-fact: subject tot thel limitations set forthi in their respective powers ofa attorney, shall have full power tob the Company by their signature ande execution ofa any such instruments and to attach thereto the seal oft the Company. When SO executed such instruments shall be as binding asif Certificate ofD Designation- TheF President ofthe Company, acting pursuant tot the Bylaws ofth the Company, authorizes David M. Carey, Assistant Secretary to appoints and attorneys-in- other facta as may ber necessaryt toa act onb behalf oft the Companyt tor make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances obligations. Authorization- By unanimous consent oft the Company's Board ofD Directors, the Company consents that facsimile orr mechanicaily reproduced signature ofa any assistant secretary of the Company, wherever appearing upona a certified copy ofa any power ofa attorneyi issuedb byt the Companyi in connection with surely! bonds, shall bev valida and binding upon the Companyy with Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutuall Insurance Company, and' West Americanl Insurance Company do hereby certify thatt the original power ofa attomey ofv which thef foregoingi isafull, true ando correct copy oft the Power ofA Attorney executed bys said Companies, isinf full force ande effecta and Insurance Company, and West American! Insurance Company which resolutions arer nowit int fullf forcea ande effectr reading asf follows: b. ARTICLEXII- - Execution ofContracts: Section5 5. SuretyE Bonds andU Undertakings. limitations the chairman or the ast may president and allu prescribe, such surety Any oficer ofth the Company authorized fort that purposei inv writing byt the chairman ort thep president, and subjectt tos such signedbyt thep president anda attestedb byt thes secretary. thes samef force ande effecta ast thoughr manuallya affixed. has noth been revoked. INT TESTIMONY WHEREOF, Ihavel hereunto setr my! handa anda affixedt thes seals ofs said Companies this_ 23rd day of May 2023 INSUR 1912 INSURA 1991 DIAN 1919 By: Blr Renee C.L Llewellyn, Assistant Secretary LMS-12873L LMIC OCIC WAICI Multi Co02/21 Exhibit 4 Work Request Form Dale County Road & Bridge Department Government Entity: Date Requested: Requested by; Project Location: Description of Work: City ofOzark 6/13/2023 Ryan Campbell Harris Road - inside City Limits Pave Road Cost Estimate: (to be completed by County Engineer and/orp personnel $30,000.00 Road and Bridge Reimbursement Options: X 1.1 100% by the requesting entity 2. 50% General Fund 150% requesting entity 3. 100% by the General Fund Commission Meeting Date: Approved (Y/N): 06-133 Yes NOTE: Responsible party willl be invoiced the actual county cost for labor, equipment use and materials. Equipment use cost is based on. Blue Book rates. Exhibit 4 CONTRACT THIS AGREEMENT shall be made and entered into this 8K day of Jun WHEREAS: 2023 by and between the CITY of Ozark, Alabama and Dale County Commission, 202 Hwy 123, Ste. A, Ozark, Alabama 36360. The City of Ozark agrees to reimburse the Dale County Commission the construction cost for the resurfacing ofapproximately 0.19 miles ofHarris Road located within the city limits for an amount up to $30,000.00 as approved at City Council meeting on April 4, 2023. The City agrees to reimburse the Dale County Commission based off the following contract prices: 1. Tack Coat - $5.00/gal 2. 3. Plant Mix Wearing Surface -$ $100/ton Solid Temp. Traffic Stripe-$1,056/mi All said work shall be done in accordance with the laws oft the State of Alabama. CITY OF OZARK, ALABAMA 1 A City of Ozark, Mayor Mt CityClerk 6-8-2023 Date 6-B-2023 Date DALE COUNTY,ALABAMA Shr S Dale County Commission, Chairman 1 D6-B23 Date 061383 Date Clerk Aaléy Exhibit 4 144 CITY COUNCIL MEETING OZARK, ALABAMA TUESDAY, APRIL 4,2 2023 The City Council of the City of Ozark, Alabama, met in Regular Session in the Council Chamber of the Municipal Complex at 5:30 P.M. on Tuesday, April 4, 2023. Upon roll call the following members were present: Present: Mark Blankenship, Mayor Brenda Simechak, Council President, Place No. 4 Leah Harlow, Councilmember, Place No.1 Les Perault, Councilmember, Place No.2 Winston T.. Jackson, Councilmember, Place No.3 Stanley Enfinger, Councilmember, Place No. 5 Absent: Also present: Chris Peters, who acted as clerk of the meeting, Denise Strickland, PSD Councilmember Harlow gave the prayer followed by Mayor Blankenship leading everyone The Council having read the minutes from the Regular Council Meeting held on March 21, 2023 President Simechak asked the wishes of the Council. Councilmember Jackson made a motion to approve the minutes of the Regular Council Meeting held on March 21, 2023, which motion was seconded by Councilmember Perault. The Council voted unanimouslyi in favorthereof. Council President Simechak advised the Council that it was time to set the Agenda. Councilmember. Harlow made al motion to set the. Agenda removing the Lease forJ&HJanitorial from Item #9, which motion was seconded by Councilmember Jackson. The Council voted Councilmember Enfinger made a motion to award the bid for the Sale of Timber at the Black Forest Industrial Park to Strickland Timber Co. in the amount of$10,001.50, which motion was seconded by Councilmember Perault. The Council voted unanimously in favor thereof. Councilmember Jackson made a motion to Authorize the Mayor to execute an agreement with the Dale County Commission not to exceed $30,000 for paving a portion of Harris Road inside the City Limits, which motion was seconded by Councilmember Enfinger. The Council Charles Ward, Joseph McNabb, and Joe Adams. in the Pledge of Allegiance. unanimously in favor thereof. voted unanimously in favor thereof. Councilmember. Harlow made ai motion to approve adding a Tipping Fee of$10 per month for residential customers with additional garbage cans beginning June 1,2023, which motion was seconded by Councilmember Jackson. The Council voted unanimously in favor thereof. Exhibit 5 RESOLUTION FOR THE EXPENDITURE OF AMERICAN RESCUE PLAN ACT REVENUE REPLACMENT FUNDS FOR GOVERNMENT SERVICES WHEREAS, Dale County, Alabama (the "County") has received American Rescue Plan Act 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 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 a need to construct ar new county-owned shop facility to support its Engineering Department toi facilitate governmental services fori its citizens ("Project'); and WHEREAS, the County has previously engaged Poly, Inc. top perform full architectural and WHEREAS, the terms and conditions oft the contract with Poly, Inc. provided, in addition to payment for architectural and engineering services, payment for additional Reimbursable Expenses, engineering services for the Project, allocating up to $60,000, to cover these costs; and including, payments for surveys and bid advertisement costs; and WHEREAS, the costs for Reimbursable Expenses have now been established, and additional WHEREAS, the County issued an Invitation to Bid in accordance with the Public Works Law, WHEREAS, Hughes Construction Services, LLC submitted al bid, which was publicly opened on WHEREAS, after review of the bid and verification of compliance with administrative requirements as set forth in the Public Works Law, the County has elected to engage Hughes Construction Services, LLC funding is needed to cover said expenses; and codified under Title 39 oft the Code of Alabama (1975); and the April 25, 2023, to construct the Project; and, to provide all materials and services necessary for the construction of the Project; services was in substantial compliance with the Public Works Law; and WHEREAS, the County Commission is satisfied that the process followed in procuring these WHEREAS, the County has identified the vendors from which top procure these services ina a manner consistent with federal and state laws and guidelines as it relates to the expenditure of Revenue Replacement funds. Exhibit 5 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION as follows: 1) The County shall use up to $663,603.62 of ARPA funds, which are hereby designated as Revenue Replacement funds, to facilitate the provision of the government services described herein. a. $599,000 to Hughes Construction Services, LLC for construction of thel Project; and b. An additional $4,063.62 to Poly, Inc. to cover remaining anticipated costs associated with the construction phase oft this project, not to exceed a cumulative total of $64,063.62. The County hereby resolves to enter into a contract, attached hereto as. Addendum 1, with The County Administrator is hereby authorized to expend these funds as described herein The ARPA Program Director is charged withe ensuring that Revenue Replacement funds Specifically, the County allocates these funds as follows: 2) 3) 4) Hughes Construction Services, LLC, for the construction oft this Project. from the designated vendors in support of this Project. 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 or federal law. 5) Expenditure oft these funds, as authorized by this Resolution, shall be contingent on 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, andi 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 13th day of June 2023. S5 Steve McKinnon Chairman, Dale County Commission Exhibit 6 RESOLUTION FOR THE EXPENDITURE OF AMERICAN RESCUE PLAN ACT REVENUE REPLACEMENT FUNDS FOR GOVERNMENT SERVICES WHEREAS, Dale County, Alabama (the County") has received American Rescue Plan Act state and local fiscal recovery funds ("ARPA funds") andi is charged with ensuring that such funds are expended WHEREAS, under the Final Rule published by thel United States Department of Treasury dated January 6, 2022, the County has elected to designate a standard allowance of up to $10,000,000ofit its ARPA funds, not to exceed the County's total ARPA funds award, as revenue replacement ("Revenue ina accordance with state and federal law; and Replacement funds"); and WHEREAS, Revenue Replacement funds may be used for the purpose ofp providing government WHEREAS, consistent with the final rule, the County may also charge administrative costs, such WHEREAS, consistent with Alabama Code (1975) $11-62-16, the County may do any and all things not otherwise prohibited by law that are necessary or convenient to aid and cooperate with al local services, including support of al local healthcare authority in furtherance ofi its objectives; and as bid or completion advertisement costs, used tot facilitate government services; and healthcare authority to attain its statutory objectives; and WHEREAS, the Dale County Healthcare Authority has been recently deeded al lot adjacent to the hospital property, Tax Parcel Number 2606083420231 022.000, ("Property") which, after demolition of the existing structure and removal of materials to al landfil, can be repurposed for parking in support oft the hospital's objectives; and WHEREAS, the County has made a determination that providing for demolition oft the existing facility and landfill services on thel Property on behalf oft the Dale County Healthcare Authority is a necessary, reasonable, and proportionate measure to facilitate the provision of these government services; and WHEREAS, the County issued an Invitation to Bidi in accordance with the Public' Works Law, WHEREAS, this Invitation to Bid was duly advertised in a newspaper of local circulation, The WHEREAS, Hopper Moore, Inc. submitted al bid, which was publicly opened on May 22, 2023, for demolition services on the property, and was accepted by the Commission at its next regular meeting on codified under Title 39 oft the Code of Alabama (1975) for demolition services; and Southern Star, Inc., for three consecutive weeks; and May 23, 2023, as the lowest responsive and responsible bid for this project; and, WHEREAS, consistent with Code of Alabama (1975) $ 39-5-1, the County Commission hereby certifies that the process followed in procuring these demolition services was in substantial compliance with the Public Works Law; and Exhibit 6 WHEREAS, the County alsoi issued an Invitation to Bidi in accordance with Alabama's Competitive Bidl Law, codified as Code of Alabama (1975) SS4 41-16-50, ets seq., for landfill services to deposit the materials from the demolition project; and WHEREAS, Rose Hilll Landfill submitted al bid, which was publicly opened on April 25, 2023, for demolition services on the property, and was accepted by the Commission, as the lowest responsible bid forl landfill services; and, WHEREAS, the County has identified the vendors from which to procure these services in a manner consistent with federal and state laws and guidelines as it relates to the expenditure of Revenue Replacement funds. NOW, THEREFORE, BEI ITI RESOLVED BY THE COMMISSION as follows: 1) The County shall use up to $66,000.00 of ARPA funds, which are hereby designated as Revenue Replacement funds, to facilitate the provision oft the government services described herein. Specifically, the County allocates these funds as follows: a. $44,500.00 to Hopper Moore, Inc. for demolition services; and b. Up to $20,000.00 to Rose Hill Landfill for landfill services; and already incurred, as required by the Public Works Law. The remaining balance of $1,500 may be utilized for bid and completion advertisement costs in a newspaper ofl local circulation, including $775.70 to The Southern Star, Inc., The County hereby resolves to enter into a contract, attached hereto as Addendum 1, with The County Administrator is hereby authorized to expend these funds as described herein The ARPA Program Director is charged with ensuring that Revenue Replacement funds 2) 3) 4) Hopper Moore, Inc., for the demolition of the existing building. from the designated vendors in support of this Project. 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 or federal law. 5) Expenditure of these funds, as authorized by this Resolution, shall be contingent on thei 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, and expended by December 31,2026. INW WITNESS WHEREOF, the Dale County Commission has caused this Resolution to be executed ini its name and on its behalf byi its Chairman on the 13th day of June, 2023. 5h SAE Steve McKinnon Chairman, Dale County Commission Exhibit 6 RESOLUTION TO PERFORM DEMOLITION AND LANDFILL SERVICES ON BEHALF OF THE DALE COUNTY HEALTHCARE AUTHORITY USING AMERICAN RESCUE PLAN ACT FUNDS WHEREAS, Dale County, Alabama (the County") has received American Rescue Plan Act state and local fiscal recovery funds ("ARPA funds") andi is charged with ensuring that such funds are expended ina accordance with state and federal law; and WHEREAS, under the Final Rule published byt 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 WHEREAS, Revenue Replacement funds may be used for the purpose of providing government WHEREAS, consistent with Alabama Code (1975)$11-62-16, the County may do any and all things not otherwise prohibited by law that are necessary or convenient to aid and cooperate with al local services, including support ofa al local healthcare authority in furtherance ofi its objectives; and healthcare authority to attain its statutory objectives; and WHEREAS, the Dale County Healthcare Authority has been recently deeded al lot adjacent to the hospital property, Tax Parcel Number 260608342023 022.000, ("Property") which, after demolition oft the existing structure andi removal of materials to a landfill, can be repurposed for parking in support oft the hospital's objectives; and WHEREAS, the County has made a determination thatp providing for demolition oft the existing facility and landfill servicesi is a necessary, reasonable, and proportionate measure to facilitate the provision oft these government services. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION as follows: 1) The County will, on behalf of the Dale County Healthcare Authority, have the existing building located on the Property demolished and have all remaining materials removed from the Property and deposited into al landfill, utilizing ARPA funds SO designated as Revenue Replacement funds. 2) Work to be provided by the County is subject to execution of an assistance agreement consistent with this resolution and the granting of an easement by the Dale County Healthcare Authority to allow for the County to complete the work. 3) The Chairmani is hereby authorized to negotiate ande execute an assistance agreement with the Dale County Healthcare Authority consistent with this resolution and the terms and conditions of the County's ARPA award. 4) Upon execution oft the Assistance Agreement, the County Engineer is hereby authorized to authorize and oversee the work of engaged contractors to perform the work contemplated herein in accordance with the terms of this Resolution andi the executed agreement. Exhibit 6 5) The ARPA Program Directori is charged with ensuring that Revenue Replacement funds allocated and expended top 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, or for any other use prohibited by the Final Rule or any applicable state or federal law. IN WITNESS WHEREOF, the Dale County Commission has caused this Resolution to be executed ini itsr name and on its behalf by its Chairman on the 13th day of June 2023. Sh YR Steve McKinnon Chairman, Dale County Commission Exhibit 6 ALN:21.02/ Project No.: 01045.061-230411-0017 County FAIN No.: SLFRP3270 ASSISTANCE AGREEMENT AND TEMPORARY EASEMENT DALE COUNTY HEALTHÇARE AUTHORITY DEMOLITION AND LANDFILL PROJECT COVER SHEET Entity Name Unique Entity Identifier/ Project Number for This Dale County Healthcare Authority TIN Agreement 01045.061-30411-0017 Entity Address 126 Hospital Ave Ozark, Alabama 36360 Entity Point of Contact Pointo of Contact Email Address Vernon Johnson, CEO Vemn.aimsmecaemalaog Total Value of Federal Funds Provided to the Entity County Point of Contact Cheryl Ganey, County Administrator 202 Hwy 123 South Suite C Ozark, AL: 36360 gane/@daecounyalgor Upt to $66,000 Federal Award Project Description: additional parking for thel hospital. Expenditure Category (EC) This project ist to provide demolition of an existing building and landfil6.1 services on a lot adjacent to, and owned by, al local healthcare authority. Itist thei intention thatt this lot will be used to provide Federal Awarding Agency: Assistance Listing CFDA Number County Federal Award Identification Number DEPARTMENT OF THE TREASURY and Name FUNDS (FAIN) 21.027-C CORONAVIRUSS STATE SLFRP3270 ANDLOCAL FISCAL RECOVERY Page 1 of7 Exhibit 6 ALIV. L1.ULI Project No.: 01045.061-2304110017 County FAIN No.: SLFRP3270 ASSISTANCE AGREEMENT AND TEMPORARY EASEMENT BETWEEN DALE COUNTY, ALABAMA AND DALE COUNTY HEALTHCARE AUTHORITY FOR Demolition of Building and Landfill Services on behalf of Health Care Authority to Provide for Parking for Local Hospital Utilizing American Rescue Plan Act Revenue Replacement Funding THIS ASSISTANCE AGREEMENT (THE "AGREEMENT") is entered into this 13TH day of June, 2023, by and' between Dale County, Alabama (herein called the "County") and Dale County Healthcare WHEREAS, the County has received a Coronavirus State and Local Fiscal Recovery Fund ("SLFRF") award under the American Rescue Plan Act ("ARPA funds") from the U.S. Department oft the Treasury ("Treasury"), which, in accordance with the Final Rule issued by Treasury on January 6, 2022, have been WHEREAS, these public funds may be used for the purpose of providing government services, including WHEREAS, consistent with Alabama Code (1975) $11-62-16, the County may do any and all things not otherwise prohibited by low that are necessary or convenient to aid and cooperate with a local healthcare WHEREAS, the Authority has been recently deeded al lot adjacent to thel hospital property, Tax Parcel Number 280808342023022.00, ("Property") which after demolition oft the existing structure and removal of materials to al landfill ('Project"), can be repurposed for parking in support of the hospital; and WHEREAS, the County has made a determination that providing demolition oft the existing facility and WHEREAS, the Authority agrees toj provide the County with at temporary easement for the purposes of Authority (herein called the' "Authority") duly designated as revenue replacement funds ('revenue replacement funds"); and support of a local healthcare authority int furtherance ofi its objectives; and authority to attain its statutory objectives; and landfill services is a reasonable, appropriate, andl lawful expenditure; and completing the Project. NOW, THEREFORE, iti is agreed between the parties hereto that: I. SCOPE OF SERVICES A. Purpose of the Assistance Agreement The purpose of this Agreement is to support the repurposing of an existing lot to provide for parking for the local hospital. Specifically, an existing structure on the lot willl be demolished, with remaining materials to be hauled and disposed in al landfill by the County. Thei intention is that the Authority wil then utilize the empty loti for parking for the hospital. Page 2of7 Exhibit 6 ALN:21.ULI Project No.: 01045:061230411-0017 County FAIN No.: SLFRP3270 B. Scope of Work by County The County has met all state and federal procurement requirements, as applicable, for the demolition oft thee existing structure on the lot and to deposit the materials into al landfill. The County will supervise the Project, to be provided by qualified, licensed contractors. All costs associated with the demolition andl landfill services shall be borne by the County. C. Responsibilities of the Authority The Authority will provide for ingress and egress oft the Property for the County andi its hired contractors. At all times before and after the Project has commenced, the Authority willr maintain the Property in reasonably good condition in accordance with its own policies. Following completion oft thel Project, the Authority shall utilize the facility to provide parking or tof facilitate any other objective oft the Authority as allowed by law. D. Period of Performance This agreement shall commence on June 13, 2023. The terms of this Agreement and the provisions herein shall continue until the Project has been completed, and the County has verified the same in writing to the Authority. At a minimum, all activities must comply with the period of performance as outlined by Treasury including, but not limited to: All funds obligated by December 31, 2024; All funds spent by December 31, 2026; incurred after March 3, 2021. e e Project costs incurred prior to March 3, 2021, are ineligible; For projects started prior tol March 3, 2021, project costs are eligible if costs were II. NOTICES Notices required byt this Agreement shall bei in writing and delivered via certified mail (postage prepaid). Any notice delivered or sent shall be effective on the date of delivery. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written amendment to this Communication and details concerning this Agreement shall be directed to the following Agreement. Agreement representatives: Cheryl Ganey, County Administrator 202 Hwy 123 South Suite C Ozark, AL: 36360 Chlgareyptaonape" Fort the County For the Authority Vernon Johnson, CEO 125 Hospital Ave Ozark, AL 36360 Veron.amrm@laemacog Page 3of7 Exhibit 6 ALN:21.0LI Project No.: 01045:061-2304110017 County FAIN No.: SLFRP3270 III. GENERAL CONDITIONS A. General Compliance All activities funded with ARPA funds must comply with any rules and regulations the County is required to comply with, as provided by the County's ARPA award. All other applicable federal, state, andl local laws, regulations, and policies governing the funds Federal regulations that may be applicable to this Agreement include, without limitation, 1. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension Nonprocurement), 2C.FR. Part 180, including the requirement toi include at term or condition in all lower tier covered transactions (contracts and subcontracts described in2C.F.R. Part 180, subpart B) thatt the Agreement is subject to 2C.F.R. Part 80 and Treasury's implementing regulation at 31 C.F.R. Part 19. 2. New Restrictions on Lobbying, 31 C.F.R. Part 21. Authority must certify thati it will not, and has not, used federal appropriated funds to any person or organization for influencing or attempting toi influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or ane employee of a member of Congress in connection with obtaining any federal contract, grant, or any other 3. Generally applicable federal environmental laws and regulations. The Authority must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42US.C.7401-76719) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). All violations must be reported to the County, Treasury, and the Regional Office of the Environmental Protection Agency. 4. Generally applicable Generally applicable ant-discrimination laws and regulations, including protections for whistleblowers relating to the use of federal funds. This includes, but is not limited to, Title VI of the Civil Rights Act of 1964 (42U.S.C. SS 2000d, et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; the Fair Housing Act, Title VII of the Civil Rights Act of 1968 (42U.S.C. $S3 3601, et seq.), which prohibits discrimination in housing on the basis ofr race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.S794), which prohibits discrimination on thel basis of disability under any program or activity receiving federal financial assistance; the Age Discrimination Act of 1975, as amended (42 U.S.C. SS 6101,6 ets seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; Title Il of the Americans with Disabilities Act of 1990, as amended (42 provided under this Agreement. thet following: award covered by 31 U.S.CS1 1352. Page 4of7 Exhibit 6 ALIN: L1.02/ Project No.: 01045:061-230411-0017 County FAIN No.: SLFRP3270 U.S.C. SS 12101, ets seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments ori instrumentalities or agencies thereto; and discrimination or retaliation against whistleblowers as provided in 41 U.S.C.S4712. B. 'Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating ore establishing the relationship ofe employerlemployee between the parties. The Authority shall at all times remain an' 'independent contractor" with respect to the services to be performed under this Agreement. :. Hold Harmless The Authority shall hold harmless, defend, and indemnify the County from any and all claims, actions, suits, charges, and judgments whatsoever related to the Property. D. Liability In the event that the Authority utilizes the Property for any purpose not allowed by law or outside oft the statutorily imposed objectives, the Authority agrees to repay to County funds equal to the value oft funds provided to the Authority by the County, including interest, which County has determined that its agents or assigns have caused tol have been expended in violation of this Agreement andlor any federal, state, or local laws or policies governing the use oft the provided funds. This provision shall bei in addition to, and shall not be deemed to waive any rights or remedies of the County under the law. E. Insurance requirements. Amendments The Authority shall maintain insurance on the property as required by law and its licensing F. The County and Authority may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative ofe each organization, and approved by the County's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either the County or Authority from its obligations under this Agreement. Any amendment made thati increases thel budget or payment obligations oft this County may only be permitted with express permission oft the County, ini its sole discretion, and must be supported by written justification of actual increase of costs beyond the control of The County may, in its discretion, amend this Agreement to conform with federal, state, or local governmental guidelines, policies, and available funding amounts, or for other the Authority. Page! 5of7 Exhibit 6 ALN:21.027 Project No.: 01045:061230411-0017 County FAIN No.: SLFRP3270 reasons. Such modifications will be incorporated only by written amendment signed by Assignment: The Authority shall not assign or transfer any interesti in this Agreement without the prior written consent of the County thereto. Any consent to assignment shall Conflict of Interest: No employee, officer, or agent of the Authority shall participate in the selection, or in the award or administration, of a contract supported by funds provided pursuant to this Agreementi ifac conflict ofi interest, real or apparent, would be involved. Federal Funding Eligibility: The Authority shall remain eligible to receive federal funds throughout the term of this Agreement. If, at any time, the Authority receives notice thati it has been debarred or suspended from receipt oft federal funds, within five (5) business days of receiving said notice, the Authority must provide notice to the Commission. both County and Authority. G. not! be considered consent to any subsequent assignment. H. I. J. Suspension or Termination This Agreement may also bet terminated upon mutual agreement of the parties. This Agreement may alsol be terminated bye either the County or the Authority, in whole or inp part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, ifint the case of a partial termination, the County determines that the remaining portion of the Agreement will not accomplish the purpose for which the Agreement was made, the County may terminate the Agreement ini its entirety. IV. ADMINISTRATIVE REQUIREMENTS A. Documentation and Record Keeping Records to be Maintained 1. The Authority shall maintain all records that are pertinent tot the activities tol be funded under this Agreement. Such records shall include, but not be limited to: a) and b) Project; and c) 2.Retention Records documenting compliance with federal non-discrimination policies; Internal documentation, if any, indicating efforts taken in furtherance of the Records documenting insurance of the property. The. Authority shall retain all financial records, supporting documents, and all other records pertinent to the Agreement until December 31, 2031. The retention period begins on the date of the execution oft this Agreement. Page 6 of7 Exhibit 6 ALN: 21.027 Project No.: 0104506123041-017 County FAIN No.: SLFRP3270 3.Audits & Inspections All Authority records with respect to any matters covered by this Agreement shall be made available to the County, State of Alabama Department of Examiners of Public Accounts, or any of their authorized representatives, ata any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Authority within thirty (30) days after receipt by the Authority. Failure of the Authority to comply with the above audit requirements will constitute a violation of this Agreement and may resulti in the withholding of future payments. V. SEVERABILITY Ifa any provision of this Agreement is heldi invalid, the remainder oft the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless bei in full force and effect. VI. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms oft this Agreement. VII. WAIVER The County's failure to act with respect to al breach by the Authority does not waive its right to act with respect to subsequent or similar breaches. The failure of the County to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. VIII. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the County and the Authority for the use off funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the County and the Authority with respect to this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. Dale County Commission, Alabama "ES Dale By. - Chairman Vernon. Johnson, CEO E2 Attest AG Page7of7 Exhibit 7 COTRA Dale County Commission 202 Hwy 123 South, Suite C, Ozark, AL 36360 Commission Chairman Steve McKinnon Commissioners Chris Carroll Donald O. Grantham District2 Adam Enfinger Frankie Wilson County Administrator Cheryl Ganey MISS District1 District3 District 4 June 13,2023 Hopper-Moore, Inc. 561 County Road 623 Enterprise, AL: 36330 Re: Demolition ofI Dale Medical Center Building Dale County Dear Sir/Madam: project. On May 23, 2023, the Dale County Commission awarded you the contract for the above referenced The following documents are to be returned to this office within fifteen (15) days from the date this contract is presented to you: Executed Contract Payment Bond Performance Bond The bid bond will be returned once the above executed documents are received. Ifyou have any questions, or need additional information, please advise. Sincerely, Shs YAK Steve McKinnon, Chairman Dale County Commission Exhibit 7 Hopper Moore Incorporated dba BMI 561 county road 623 Enterprise AL, 36330 (334)393.4264 BMI General Contractor License and Insured General Contractor License #41708 Demolition, Roll-off containers, Portable Restrooms Operating Partner Tim Russell Lusselbmiegmai.com (334)300.6271 Chief Estimator Jeb Moore ebmoorepm.egmal.con (334)494.8010 Prepared For Dale County Commission Dale County Medical Building Demolition Ozark, AL (334)774.7875 Exhibit 7 CONTRACT Demolition OfDale Medical Center Building THIS AGREEMENT made and entered into this 23rd day of May, Two Thousand Twenty-three, by and between the Dale County Commission, party oft the first part (hereinafter called the Owner) and Hopper-Moore, Inc. of 561 County Road 623, Enterprise, AL 36330, party of the second part (hereinatter called the Contractor). WITNESSETH: WHEREAS, the Owner desires to demolish Dale Medical Center Building (formerly Ozark/Dale County Library) and haul off debris to Rose Hill Landfill, and the Contractor desires to furnish and deliver all the equipment and material and to do and perform all the work and labor for demolition of Dale Medical Center Building (the Project); NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained the parties hereto agree as follows: 1. The Contractor promises and agrees to furnish and deliver all the equipment and material and to do and perform all the work and labor required to be furnished and delivered, done and performed in and about the construction of the Project specified in the attached documents: "BID INVITATION DALE MEDICAL CENTER BUILDING" and "DALE COUNTY SCOPE OF WORK FOR DEMOLITON OF DALE MEDICAL CENTER BUILDING." 2. The Owner agrees and promises to pay to the Contractor for said Work, when completed in accordance with the Provisions of this Contract, the price as set forth in the said Proposal, amounting approximately to Forty-Four Thousand Five Hundred and 0/100 dollars ($44,500.00). Payments will be made on the First of each month based on aj percent complete agreed upon by representatives. of both parties. Consistent with Alabama law, a 5% retainage will be withheld on the first 50% percentage completed. The withheld retainage funds will be paid upon successful completion of the project as advertised consistent with this Agreement and Alabama law. 3. The said work shall be done in accordance with the laws of the State of Alabama under the direct supervision, and to the entire satisfaction of the Owner subject at all times to the inspection and approval of the Chairman of the Dale County Commission, or his designee or agents. 4. The decision of the Owner upon any question connected with the execution of this Agreement or any failure or delay in the performance of the Work by the said Contractor shall be final and conclusive. In the event of the failure of Contractor to perform under this contract in a satistactory manner, the contract may be cancelled by Owner in its discretion as long as all outstanding invoices for acceptable work performed by Contractor shall have Contract within 30 days of signing this contract and to complete the project fully within Sixty (60) calendar days thereafter. Ifall work is not completed been paid in full. 5. The Contractor hereby agrees to commence work under this 1 Exhibit7 7 upon the 60th calendar day, the contractor must pay liquidated damages to the Dale County Commission in the amount of $200 per calendar day. 6. The Owner, immediately after notifying the Contractor that all other requirements of the Contract have been completed, shall give public notice of completion of the Contract by having an Advertisement for Completion published one time in a newspaper of general circulation, published in the county in which the Owner is located and shall post notice of completion of the Contract on the Owner's bulletin board for one week, and shall require the Contractor to certify under oath that all bills have been paid in full. Final payment may be made at any time after the notice has been posted for one entire week. 7. The parties understand that this Contract may be funded, in whole or in part, utilizing the Owner's American Rescue Plan Act State and Local Fiscal Recovery Funds (ARPA funds), sO designated as revenue replacement funds. All federal, state, and local laws, including, specifically, the terms and conditions of the Owner's. ARPA funds. For the avoidance of doubt, the minimum terms and conditions, including ARPA terms and conditions, are attached as Attachment A and incorporated as if set forth herein. IN WITNESS WHEREOF, THE DALE COUNTY COMMISSION has caused these presents to be executed by its CHAIRMAN and Hooper-Moore. Inc., the Contractor, has hereto set his hand and seal this the day and year above written. ATTEST: DALE COUNTY COMMISSION, Chaal Dale County Clérk mhh as Chairman Inc. Corporation, or Joint Venture) NAME OF CONTRACTOR: Heppe-lare ALABAMA CONTRACTORS LICENSE NUMBER: 41708 pLL By: (X). (X) Contractor's (Print Name) Coo Title Witness Janes (Print Name) Chiet EHmator Title h Signature Tim Russell Mopk 2 Exhibit 7 By: (X). (X)_ dm Jemls Mooi (Print Name) Chief EStmator Title Contractor's Signatilfe LM Tim Russcll (Print Name) 000 Title Witness 3 Exhibit 7 ATTACHMENT A MINIMUM LEGAL REQUIREMENTS, INCLUDING RELEVANT ARPA TERMS AND Section 13-31-9 of the Code of Alabama 1975 imposes conditions on the award of County Contracts. Firms must agree to fully comply with the Immigration Reform and Control Act of 1986, as amended by the Immigration Act of 1990, and the Beason- Hammon Alabama Taxpayer and Citizen Protection Act. "By signing this contract, the contracting parties affirm, for the duration of 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 to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom. Section 41-16-5 of the Code of Alabama 1975 imposes conditions on the Agreement of County contracts. The firm must certify that it is not currently engaged in, and will not engage in, the boycott of a person or an entity based in or doing business with a The parties agree to comply with any applicable federal, state, and local laws and policies and procedures. It is understood that this project is being funded, at least in part, with American Rescue Plan Act (ARPA) revenue replacement funds granted to the County. As such, the, parties agree to comply with applicable requirements of section 603 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) (the "Act"), regulations adopted by Treasury pursuant to section 603(f) of the Act, codified as 31 C.F.R. Part 35, and guidance issued by Treasury regarding the foregoing. Federal regulations which are applicable to this Agreement include, without limitation, CONDITIONS USING REVENUE REPLACEMENT FUNDS jurisdiction with which this state can enjoy open trade. the following: 1. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension Non-procurement, 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 80 and Treasury's implementing regulation at 31 2. New Restrictions on Lobbying. Contractor must certify that it will not, and has not, used federal appropriated funds to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee ofa member of Congress in connection with obtaining any federal contract, grant, 3. Generally applicable federal environmental laws and regulations. Contractor must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). All violations must be reported to the County, Treasury, and the Regional Office of the C.F.R. Part 19. ora any other award covered by 31 U.S.C S 1352. Environmental Protection Agency. 4 Exhibit 7 4. Generally applicable anti-discrimination laws and regulations, including protections for whistleblowers relating to the use of federal funds. This includes, but is not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. SS 2000d, et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; the Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. SS 3601, et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. S 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; the Age Discrimination Act of 1975, as amended (42 U.S.C. SS 6101, et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit. discrimination on the basis of age in programs or activities receiving federal financial assistance; Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. SS 12101, et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto; and discrimination or retaliation against whistleblowers as provided in 41 U.S.C. 5. For contracts/subcontracis over $100,000, work performed by mechanics and laborers are subject to the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704), as supplemented by 29 C.F.R. Part 5, including, specifically, safety standards, limitations on hours in a work week and overtime for any work spent over 40 hours, and proper $4712. documentation for all employees. (1)A Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall not require or permit any laborer or mechanic, in any workweek in which the laborer or mechanic is employed on that work, to work more than 40 hours in that workweek, except as provided 40 U.S.C. (2) when a violation of clause (1) occurs, the Contractor and any subcontractor responsible for the violation are liable- liquidated damages as provided in the contract. Chapter 37; and (A) to the affected employee for the employee's unpaid wages; and (B) to the Government, the District of Columbia, or a territory for 5 Exhibit 7 consent that such service shall be the same as personal service on the Principal and/or Surety. (c) The Surety shall not be liable hereunder for damage or compensation recoverable (d) In no event shall the Surety be liable for a greater sum than the penalty of this under Worker's Compensation or Employer'sLiablity Statute. bond, or subject to any suit, action, or proceedings than one year after the final settlement of said Contract. thereon that is instituted later (e) This bond is given pursuant to the terms of Act No. 39, General Laws of Alabama, approved February 8, 1935, entitled An Act to Further Provide for Bonds of Contractors on State and Other Public Works and Suits Thereon." Executed in five (5) counterparts. Exhibit 7 Bond#7901143714 PERFORMANCEE BOND KNOW ALL MEN BY THESE PRESENTS: That we_ Hopper-Moore, Inc. 561 CoRd 623 Enterprise, AL 36330 and Nationwide Mutual Insurance Company (Hereinafter called the' Principal") (Hereinafter called the' "Surety") arel held and firmly bound unto Dale County, Alabama (hereinafter called' Obligee" or "Owner") in the penal sum of bind ourselves, heirs, executors, administrators, successors, and assigns for thet faithful performance ofa Forty four thousand five hundred Dollars ($ 44,500.00 )1 for the payment of which we andou/Too certain written contract dated the_ 23rd day of May 2023 entered intol between the Principal and the Obligee for the DEMOLITION OF DALE MEDICAL CENTER BUILDING (Hereinafter called the "Contract) a copy ofv which said Contracti is incorporated herein by reference and NOW, THEREFORE, the condition of this obligation is such that the Principal shall faithfully perform the terms and conditions of the Contract in all respects on its part, and shall fully pay all obligations incurred inc connection with the performance of such Contract on account of labor and materials usedi in connection therewith, and all such other obligations of every form, nature, and character, and shall save harmless the Owner from all and any! liability of every nature, kind, and character which may be incurred in connection with the performance or fulfillment of such Contract or other such liability resulting from negligence or otherwise ont the part of suchl Principal, and further shal! save harmless the Owner from all cost and damage which may be suffered by reason oft the failure tot fully and completely perform said Contract and shall fully reimburse: andr repay the Owner for all expenditures of every! kind, character and description which may be incurred by the Owner in making good any and every default which may exist on the part of the Principal in connection with the performance of said Contract; and further that the Principal shall pay all lawful claims of all persons, firms, partnerships, or corporations and shall give them a direct right of action against the Principal and Surety under this obligation; and further that no suit, action, or proceedings by reason of any default whatever shall be brought on this bond within one year from the date on which the final payment on the Contract falls due. Any alterations or additions which may be required under the Contract, ori int the work to be done under it, or the giving by the Owner of any extension of time for the performance oft the Contract or any other forbearance on the part of either of them, their heirs, executors, administrators, successors, or assigns from their liability hereunder. Notice to the Surety of any such alterations, extensions, or forbearance is expressly waived. This obligation shall remain in full force and effect until the performance of all covenants, terms and conditions herein is made a part hereof asi iffully copied herein. stipulated and after such performance, its shall become null and void. Exhibit 7 PERFORMANCE BOND INT TESTIMONY WHEREOF witness the hands and seals oft the parties hereto on this 7th day of June 2023 Hopper-Moore, Inc. PRINCIPAL BY: TITLE WITNESS TO SIGNATURE OF PRINCIPAL: aNz Ell Loo Nationwide Mutual Insurance Company Fati WITNESSTO SIGNATURE OF SURETY: Swanna Pudci Bader Susanna Cplntersigned: Resident Agent 4525 Executive Park Drive Suite 202 Montgomery, AL 36116 Address 800-489-0105 Telephone Number hae Francis Ware, Attorney-in-Fact TITLE Kiasivl ware ALI License#0453430 IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. 0000036060 Power of Attorney Exhibit 7 KNOW ALL MENI BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred tos severally as the" "Company" and collectively as' the Companies" does hereby make, constitute and appoint: CHRISTY HICKS; CULLMANI LEONARDS SKIPPER; DONALDLMILAM; FRANCIS WARE; SONYA BERRYMAN; eachi int theiri individual capacity, its true and lawful attomey-in-fact, with full power and authority tos sign, seal, and execute oni its behalf any and all bonds and and to! bind the Company thereby, asf fully and tot the same extent asi ifs suchi instruments were: signed by the duly authorized officers oft the Company; and alla acts This power ofa attomey isr made and executed pursuant to andl by authority of thet following resolution duly adopted by the! board of directors oft the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized ande empowered to appoint attorneys-in-fact oft the Company, and to authorize them toe execute and deliver ont behalf oft the Company any and alll bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts ofi indemnity, policies, contracts guaranteeing thet fidelity of persons holding positions ofp public orp private trust, and other writings obligatory in nature that the business oft the Company may require; and tor modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no wayl limit the authority of other duly authorized: agents tos sign and countersign any RESOLVEDI FURTHER, that such attorneys-in-fact: shall have full power and authority to execute and deliver any and all such documents and tot bind the Company subject to the terms and limitations oft the power ofa attorney issued tot them, and to affix the seal of the Company thereto; provided, however, that Execution ofl Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attesta all approved documents, instruments, contracts, or other papers ino connection with the operation oft thel business oft the company ina addition to the chairman of the! board, the chief executive officer, president, treasurer ors secretary: provided, however, the signature ofa any oft them may be printed, engraved, or INV WITNESSI WHEREOF, the Company has caused this instrument tol be sealed and duly attested by thes signature ofit its officer the 27" day of February,2019. undertakings, and other obligatory instruments ofs similar nature, inp penalties not exceeding thes sum of ofs said Attorney pursuant tot the authority given are hereby ratified and confirmed. TEN MILLION AND NO/100 DOLLARS $10,000,000.00) ofs said documents ont behalf oft the Company." said seal shall not ber necessary for the validity of any such documents." This power of attorney is signed and sealed under and by thef following bylaws duly adopted byt the board of directors oft the Company. stamped on any approved document, contract, instrument, or other papers oft the Company. MLh Antonio C. Albanese, Vice Presldent of Nationwide Mutual insurance Company ACKNOWLEDGMENT STATE OF NEWY YORK, COUNTY OF NEW) YORK:SS Ont this 27"day of February, 2019. before me came the above-named officer for the Company aforesaid, to me personally known to bet the officer described ina and who executedt the preceding instrument, and he acknowledged the execution oft the same, and being by me duly sworn, deposes and says, thath hei is the officer oft the Company aforesaid, that the seal affixed hereto is the corporate seal ofs said Company, and the said corporate seal and his signature were duly affixed and subscribed to saidi instrument by the: authority and direction of said Company. SEAL. SESS Suzannec. Dello NotaryP Public, StateofNewYork No.0 02DE6126649 QuallledinV Westchester County Commission Expiras! September1 16, 2021 CERTIFICATE C.khled NolaryPublic CommissionE Expires September1 16,2 2021 Syenae I,Laura B. Guy, Assistant Secretary oft the Company, do hereby certify that thet foregolngi is at full, true and correct copy oft the original power ofa attomey issued byt the Company: that the resolution included thereini is at true and correct transcript from the minutes oft the meetings oft the! boards ofc directors and the same! has not been revoked or amendedi ina any manner; that said Antonio C. Albanese was on the date oft the execution oft thet foregoing power of attorey the dulye elected officer oft the Company, and the corporate seal and his signature as officer were duly affixed and subscribed tot the said instrument by the authority ofs said board of directors; and thei foregoing power ofa attorney is stilli inf full force and effect.: INVATNESSI WHEREOF, gune BDJ 1(02-19)00 subscribed name Assistant: my as and affixed the seal ofs said this of 7 corporate Company day Caua B. Gvy Assistant Secretary Ihave hereunto 2023 Secretary, SEAL - This documentisy voidifvoID: appearsi int the BLUEI linec ont ther right. the Nationwide watermaik Brhissing'rom! thec centero of the page andlort ther redi consecutive numberi isn missing! Iromt thes upper right-hand corner. Contacti usa at212-329-6 6900 irthis document is voidor fyour have anys questions. Exhibit 7 LABOR. ANDI MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we. Hopper-Moore, Inc. as Principal, and Nationwide Mutual Insurance Company as Surety, arel held and firmly bound unto Dale County, Alabama (Hereinafter called the "Obligee" or "Owner")int the well and truly be made, we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain contract with said Obligee, dated penal sum of_ Forty four thousand five hundred and 00/100 Dollars ($_4 44,500.00 lawful money of the United States, for the payment of which sum May 23 2023 (Hereinafter called the "Contract") for the DEMOLITION OF] DALEI MEDICAL CENTER BUILDING Which Contract and the specifications for said work shall be deemed aj part hereofas NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that ifs said Principal and all Subcontractors to whom any portion oft the work provided for in said Contract is sublet and all assignees ofs said Principal and ofs such Subcontractors shall promptly make payment to all persons supplying him/her or them with labor, materials, feed-stuffs, or supplies for ori in thej prosecution oft the work provided fori in such Contract, or in any amendment or extension of or additions to said Contract, and fort the payment of reasonable attorney's fees, incurred by the claimant or claimants in suits or said bond, then the above obligation shall be void; otherwise to remain in full force and effect. PROVIDED, however, that his bond is subject to the following conditions and (a) Any person, firm, or corporation that has furnished labor, materials, feed-stuffs, or supplies for or in thej prosecution oft the work provided for in said Contract shall have a direct right of action against the Principal and Surety on this bond, which right of action shalll be asserted in aj proceeding, instituted in the county in which the work provided for in said Contract is to be performed or in any county in which said Principal or Surety does business. Such right ofa action shall be asserted in aj proceedings instituted in the name oft the claimant or claimants for his/her or their use and benefit against said Principal and Surety or either of them (but not later than one, year after the final settlement ofs said Contract) in which action such claim or claims shall be adjudicated and judgement entered thereon. as the agent of each ofthem to receive and accept service of process or other pleading issued or filed in any proceeding instituted on1 this bond and hereby fully as ifs set out herein. limitations: Nationwide Mutual Insurance Company (b) The Principal and Surety hereby designate and appoint One West Nationwide Blvd Cotumbus, 1-14-30 OH 43215 Exhibit 7 consent that such service shall be the same as personal service on thel Principal (c) The Surety shall not be liable hereunder for damage or compensation recoverable under Worker's Compensation or Employer'sLiability. Statute. (d) Ini no event shall the Surety be liable fora a greater sumi than the penalty ofthis bond, or subject to any suit, action, or proceedings thereon that is instituted later and/or Surety. than one year after the final settlement ofs said Contract. (e) This bondi is given pursuant to the terms of Act] No. 39, General Laws of Alabama, approved February 8, 1935, entitled An Act tol Further! Provide for Bonds of Contractors on State and Other Public Works and Suits Thereon." Executed ini five (5) counterparts. Exhibit 7 LABOR ANDI MATERIALS SPAYMENT! BOND SIGNED, SEALED, ANDI DELIVERED THIS 7th day of_ June 20_23 WITNESS TO SIGNATURE OF PRINCIPAL: Hopper- - Moore, Inc. PRINCIPAL dz BY. TITLE Coo WITNESS TO SIGNATURE OF SURETY: Nationwide Mutual Insurance Company SURETY BY, TITLE Bodus Baanilkie Francis Ware, Attomey-in-Fact Supann Susanna Bader Countersigned: hianis whau AL License#0453430 Resident Agent 4525 Executive Park Drive Suite 202 Montgomery, AL 36116 Address 800-489-0105 Telephone Number IMPORTANT: Surety companies executing bonds must appear on the' Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. 0000036059 Power of Attorney Exhibit 7 KNOW ALLI MENI BY THESE PRESENTS THAT: Nationwide Mutual insurance Company, an Ohio corporation hereinafter referred to severally ast the' Company" and collectively as" "the Companies" does hereby make, constitute and appoint: CHRISTY HICKS; CUIMAMIEOMABDSEIPER DONALDLMILAM FRANCIS WARE; SONYA BERRYMAN; each int their individual capacity, its true and lawful attorney-in-fact, withi full power and authority tos sign, seal, and execute oni its behalf anya and allb bonds and and1 tot bind the Companyt thereby, asf fully and tot the same extent asi ifsuchi instruments were signed by the duly authorized officers oft the Company; and all acts This power of attomey is made and executed pursuant to and by authority of the following resolution duly adopted by the! board of directors oft the Company: "RESOLVED, that the president, or any vice president be, and each! hereby is, authorized: and empowered to appoint attorneys-in-lact oft the Company, andt to authorize them to execute and deliver ont behalf oft the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts ofi indemnity, policies, contracts guaranteeing the fidelity ofp persons holding positions ofp public or private trust, and other writings obligatory ini nature that the business oft the Company may require; and tor modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall inr no way limit the authority of other duly authorized agents tos sign and countersign any RESOLVEDI FURTHER, thats such attorneys-in-fact: shall have fullp power and authority to execute and deliver any and alls such documents and tot bind the Company subject tot the terms andl limitations oft the power of attorneyi issued to them, and to affix the seal oft the Company thereto; provided, however, that Execution ofl Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority tos sign ora attesta all approved documents, instruments, contracts, ord otherp papers inc connection with the operation oft the buslness oft the companyi ina addition tot the chairman of the board, the chief executive officer, president, treasurer ors secretary; provided, however, thes signature of any oft them may be printed, engraved, or INV WITNESS WHEREOF, the Company has caused this instrument to bes sealed and duly attested byt the signature ofit its officert the 27 day of February,2019. undertakings, and other obligatory instruments ofs similar nature, in penalties not exceeding the sum of ofs said Attorney pursuant tot the authority given are hereby ratified and confirmed. TEN MILLION AND NO/100 DOLLARS ($10,000,000.00) ofs said documents ont behalf oft the Company." saids seal shall not be necessary fort the validity ofa any such documents." This power of attorneyi is signed and sealed under and by thei following bylaws duly adopted by thel board ofc directors oft the Company. stamped on anya approved document, contract, instrument, or other papers oft the Company. HLK Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEWY YORK, COUNTY OF NEW' YORK:ss Ont this 27" day of February, 2019. beforer me came the above-named officer for the Company aforesaid, tor me personally known to be the officer described in and who executed the preceding instrument, and! he acknowiedged the execution oft the same, and being by me dulys sworn, deposes and says, that hei is the officer oft the Company aforesaid, thatt the seal affixed heretoi is the corporate seal ofs said Company, and thes said corporate seal and! his signature were duly affixed and subscribed' to said instrument by the authority and direction ofs said Company. SEAL. RAED Us, SuranneC. Dello Notary Public, Stateo fNewY York No. 020E6126649 QuainedinWexchester: County Commisslon Expires September1 16, 2021 CERTIFICATE C.Klled NouryPublic MyC CommissionE September1 16, 2021 Sayenne Laura B. Guy. Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy oft the original power ofa attoreyi issued by the Company; that the resolution included therein is at true and correct transcript from the minutes oft the meetings oft the boards of directors and the same has not beenr revoked or amended in any manner; thats said Antonio C. Albanese was, on the date of the execution oft thet foregoing power of attomey the dulye elected officer oft the Company, and the corporate seal and his signature as officer were auly. affixed and subscribed tot the saidi instrument byt the authority ofs said board IN MITNESS WHEREOF. have! hereuntos subscribed my name as Assistant Secretary, anda affixed the corporate seal ofs said Company this. of directors; and the foregoing power ofa attorney is stilli inf full force ande effect. dayo of 7 Gvy pe BDJ 1(02-19)00 2023 EAL Causa B. Assistant Secretary This documenti is voidit fVOID appears int the BLUEI line ont the right, thel Nationwide watermark isr missingt fromt the center ofth thep page and/or the redo consecutive numberi isr missingf fromt the upper right- -hand corner. Contact usa at212-329-6 69001 ifthis documenti is voido orifyoul have any questions. Exhibit 7 Statec of Alabema Countyo of Oa/e CERTIFICATE OF COMPLIANCE WITH THE BEASON-HAMMON/ ALABAMA TAXPAYER. AND CITIZEN PROTECTION ACT(ACT 2011-535, asa amendedi by ACT2012-491) DATE: June 7th 2023 Conig/San/lmcenise (describe by numberors subject); Demalitionef DeMIGZW.. and between Hopper Moore - Inc. Dale Lannty Coan.svion The undersigned hereby certifies tot the Stale ot/ Alabama as follows: IContractor/Grantee). and (State Agency, Department or Public! Entity 1. The undersigned holds the position of Coo witht the Contractor/Grantee named above, andi is authorizedi top provide representations set out int this Certificate ast the officiala and bindinga act oft that entity, and has knowledge oft the provisions of THE BEASON- HAMMON ALABAMA TAXPAYERI AND CITIZEN PROTECTION/ ACT (ACT 2011-535 oft the Alabama Legislature, asa amended by ACTZ 2012-491) whichi is described herein as" "the Act." 2. Usingt thei following definitions from Section: 3 oft the Act, selecta andi initial either (a) or( (b), belaw, to describe the Contractor/Grantee'si business: structure. BUSINESSENTITY Any person or group ofp persons employing one orr more persons performing ore engagingi ina any activity, enterprise, profession, ord accupation for gain, benefit, advantage, orl livelihood, whether for profit orr not for profit. a. Self-employed individuals, business entities filing artides ofi incorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, andi foreignl limited liability companies: authorized! to transact business int this state, business trusts, and any business entityt that registers b. Any business entityt that possesses a business! license, permit, certificate, approval, registration, charler, ors similar form ofa authorizationi issued byt thes state, any business entityt thati ise exempt! by! lawi front obtainings such al business license, and any business entityt thati isc operating unlawfully withouta ab business license. EMPLOYER. Any person, firm, corporation, partnership. joints stock association, agent, manager, representative, foreman, ord other person havingo contrald ord custody ofa any employment, place ofe employment, or ofanye employee, including any person ore entity employing any personf for hire within the State ofA Alabama, including a publice employer. This rerms shallr noti include the occupant ofal household contracting with another person (a)The Contractor/Granteel isa business entity ore employer ast those terms are definedi ins Section3 (b)7 The Contractor/Grantee isn nota a business entity ore employer as those terms are defined in 3. As oft the date oft this Certificate, the Contractor/Grantee: does not) knowingly employ an unauthorized: alien within the State ofA Alabama and! hereafter Itv will not knowingly employ. hire fore employment, oro continue toe employ anu unauthorized alien within the State ofA Alabama; 4. The Contractor/Grantee is enrolled inE E-Verify unlessi itis note eligiblet toe enroll because oft the with the Secretary ofs State. top perform casuald domestic! labor vrithin the household. oft the Act. Section 30 oft the Act. rules oft that program orc othert factors beyondi its cantrol. Certified1 this 745 dayofJune 2023 Moore Ine. - By: CO0 Its F The above Çertification wass signedi inr my presence by the person whoser name appears above, on this 7th dayof June 2023 WITNESS: NMz James moure Printed Name of Witness Exhibit 7 CERTIFICATE OFC COMPLIANCE WITHA ACT2016-312 DATEJune 7,2023 Re: Contrac/Gran/ncentive (describe by number or subject): Commission Demo DaleMedial Blds by and between Dale Counhy Contractor/Grantee), and Hepplc - Moore Inc (State Agency, Department or Public Entity. The undersignedl hereby certifies tot the State of Alabama as follows: 1. The undersigned holds the position of (00 with the Contractor/Grantee nameda above, andi isa authorized' top provide representations: set outi int this Certificate: ast thec official and bindinga act oft thate entity, and hasl knowledge of Alabama's/ Act 2016-312. 2. Ino compliance with Act2 2016-312, the contractor hereby certifies thati itisn not currently engaged in, and will not engage in, the boycott ofap persond or ane entity based inc or doing! business witha jurisdiction with whicht thiss state can enjoy open trade. Certified this 7thdayo of Jwne 2023 Holper -Mosre Inc. Nameo dfomuxcw/CamsAcpent Ehl By: Its: (00 The above Certification was signed in my presence by the person whose name appears above ont this 7h dayof June 2023 Witness: dwe Jymes Moore Printed Name ofWitness Exhibit 8 DFC2 22 (Rev. 03-22) INSOLVENTS, ERRORS, LITIGATIONS. ANDI UNSOLD' TAXI LIENS FOR20 22_AND UNCOLLECTED! INSOLVENTS. AND TAXESI INJ LITIGATION FORI PREVIOUS YEAR(S) THE: STATEOF ALABAMA DALE County 13TH ELEANOR OUTLAW BEITREMEMBERED, That att the meeting oft the Board ofCounty Commissioners ofs said County, held "Insolvents", "Errors in Assessment', "Taxes inl Litigation", and' "Unsold Tax Liens" on taxes for the current year 20 22 as required by Code of Ala. 1975, Section 40-5-23. And after a careful and rigid examination ofs said reports by said Board, it was considered and adjudged that said collector be allowed credit onl his final settlement witht the Comptroller for the following amounts: ont this day of JUNE 2023 Tax Collector ofs said County, made! his report of Insolvents: State" Taxes- - General $ 31.45 12.58 37.74 11,767.50 4,707.00 14,121.00 8.55 3.42 10.26 55.30 22.12 66.36 Soldier School Errors in Assessments: State Taxes General Taxesi inl Litigation: State Taxes - General Unsold Tax Liens: State Taxes Soldier School Soldier School General Soldier School $. $ $ $ $ $ And said Collector has also made his report for final allowance of the uncollected1 balances of Insolvent Taxes for thej previous year 20 21, as required by Code of Ala. 1975, Section 40-5-29; and the Board thereupon madet the following allowances tos said Collector of such Insolvent Taxes as he may have been unable to collect, as follows: State Taxes = General $ 3.95 1.58 4.74 Soldier School Ands said Collector is also allowed credit for the following taxesi in litigation for the previous year(s) which hel has been unable to collect as follows: General ) 0.00 $ > 0.00 $ $ 0.00 $ $ 35.90 $ JUNE Soldier 0.00 $ 0.00 $ 0.00 $ 14.36 $ 2023 Presiding Officer School 0.00 0.00 0.00 43.08 2021 2020 2019 2018 Given under myl hand this 13TH day of Sh 5 See Code ofA Ala, 1975, Sections 40-5-23 and4 40-5-24a ast tot taxes ofcurrent year ands Sections 40-5-26 and4 40-5-29asto insolvent taxes andt taxesi inl litigation of previous year(s).