RA Dale County Commission Commission Meeting Minutes - September 12, 2023 The Dale County Commission convened in a regular session Tuesday, September 12, 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 Grantham followed with the Pledge of Allegiance. APPROVED - AGENDA Commissioner Carroll made a motion to approve the agenda. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - MINUTES. & MEMORANDUM OF WARRANTS Commissioner Enfinger made a motion to approve the memorandum of warrants, and minutes: Memorandum of Warrants: Accounts Payable Check Numbers 97070-9 97176. Payroll Check Numbers: 154930- - 154933. Direct Deposit Check Numbers: 426111 - 426248. Minutes: Commission Meeting of August 29, 2023. Commissioner Carroll seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes - September 12, 2023 Page 2of4 APPROVED - PERSONNEL Commissioner Wilson made a motion to approve the following: 1. Mackinley Green = Jail - Jailer - new hire. 2. Richard Oldham - Sheriff/Jail - Sergeant - transfer. 3. Jimmy Peters - Jail- - Corrections Officer -1 transfer. 4. Steve Brown - Jail - Certified Transport- - transfer. 5. Tonja Kruse - Maintenance - Custodian - new hire. 6. Bobby Carpenter = Road & Bridge - Equip Operator H -I new hire. 7. William McCoy - Sheriff - PT Pilot - new hire. 8. Franklin Ruiz- - Sheriff- - Reserve Deputy - transfer. 9. Leonard Bowley - Sheriff - PTI Pilot- - new hire. 10. Michael Miller - Road & Bridge - Equip Operator I- new hire. Commissioner Carroll seconded the motion, all voted aye. Motion carried. APPROVED - FY24 REAPPRAISAL BUDGET, FUND 120 Commissioner Carroll made a motion to approve 2023-2024 Reappraisal Budget, Commissioner Wilson seconded the motion, all voted aye. Motion carried. Fund 120- Exhibit 1. APPROVED - AMENDMENT TO POLICIES & PROCEDURES Commissioner Grantham made a motion approve a 10-day posting of an amendment to the Dale County Personnel Policy & Procedures Handbook. New Data and Cybersecurity Policy to replace the current information under section AIV-Computer/ematn Policy with revised title of Data and Cybersecurty policy. See Exhibit 2. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - AMENDMENT TO CLASSIFICATION: & PAYPLAN Commissioner Wilson made a motion approve a 10-day posting of an amendment to the Dale County Commission's Classification and Pay Plan. Updated job description for District Commissioner Grantham seconded the motion, all voted aye with the exception of Administrative Coordinator- - Pay Grade X (10). See Exhibit 3. Commission Carroll who abstained. Motion carried. Dale County Commission Commission Meeting Minutes- - September 12, 2023 Page3of4 APPROVED - CAPITAL ASSETS Commissioner Carroll made a motion to approve to surplus six (6) vehicles from the Sheriff department. Exhibit 4 Commissioner Grantham seconded the motion, all voted aye. Motion carried. APPROVED -AD Commissioner Wilson made a motion to approve the purchase of an ad in the amount of $500.00 for the South Alabama Pro Rodeo Classic. Commissioner Enfinger seconded the motion, all voted aye. Motion carried. APPROVED - DEPT OF EXAMINERS AGREEMENT Commissioner Enfinger made a motion to approve an agreement with the Department of Examiners of Public Accounts See Exhibit 5. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - SOFTWARE AGREEMENT - ROAD & BRIDGE Commissioner Carroll made a motion to approve a software agreement with Diversified Computer Services, LLC. See Exhibit 6. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - COPIER MAINTENANCE - ROAD & BRIDGE Commissioner Wilson made a motion to approve a maintenance contract for a Road & Bridge copier. See Exhibit 7. Commissioner Grantham seconded the motion, all voted aye. Motion carried. APPROVED - ARPA - DALE MEDICAL CENTER PARKING LOT Commissioner Wilson made a motion to approve an expenditure from ARPA funds for the Dale Medical Center Parking lot. See Exhibit 8. Commissioner Carroll seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes- September 12, 2023 Page 4of4 APPROVED - ARPA - ROAD & BRIDGE FUEL SYSTEM Commissioner Grantham made a motion to approve an expenditure from ARPA funds for the Road & Bridge Fuel System. See Exhibit 9. 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, September 26, 2023, at 10:00am. ADJOURNMENT: CONFIRMATORY STATEMENT Commissioner Carroll made a motion to adjourn the meeting. Commissioner Grantham 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 Steve McKinnon, Chairman Exhibit 1 50N NorthF Ripley Street Montgomery, AL36130 reyenuealabamagoy, Alabama Department of Revenue August 16, 2023 Honorable Eleanor Outlaw Dale County Revenue Commissioner POI Box 267 Ozark, AL 36361 Dear Ms. Outlaw: The Alabama Department ofl Revenue (ALDOR) has completed a review oft the proposed. Appraisal & Mapping Budget for FY 2023-2024. The request of $676,601.40: appears tol be in order. Immediately following the County Commission's review and approval oft thel budget, the county administrator should send al letter providing the following information: Confirmation of the County Commission's approval Balance of unencumbered funds as of September 30, 2023 (final reconciled cash balance) County Commission's decision on how the balance will bel handled ** Attached copies of the final approved budget and salary listing ** The amount may either be carried forward tor reduce the necessary withholding or refunded for redistribution to the various funds and agencies from which it was withheld. This will be usedt to determine the amount ofwithholding ALDOR will approve. for the FF2023-2024 budget. Therefore, it should be provided as soon as the information necessary to do SO becomes available. These documents should be emailed to Brandon.Causey@revenuealabamagox as soon as possible to ensure the withholding information can bej provided early in the collections period. Your assistance and cooperation in this matteri is greatly appreciated. Ifyoul have any questions, please email or call (334)-242-1534. Sincerely, Brandon Causey,Budgetsandl Property Tax Division Cal Attachment cc: Ms. Cheryl Ganey, Administrator lake Courty 70.23-.2024 Reappraisal Budget 2023-2024 113 Other wages and salary 114 Part-time salaries 116 Overtime 121 Retirement Contributions 122 Health Insurance 123 Life Insurance 124/FICAEMPLOVYERS: SHARE 125WORKER'S COMPENSATION INSURANCE 126 UNEMPLOYMENT INSURANCE 127 Cost of Retiree Insurance 141 Dental 154/LEGAL SERVICES-NEW FOR2017) 156 EMPLOYEE DRUG TESTING 164/Auditing Personal Property Contract 170Training/education 171 Dues 179_Aerial Photograhy 181 Flagship/ / ESRI Services 199 Misc services by others 211 Office supplies 212 Fuel and lubricants 224/Postage Machine Rent (new) 233 Repair and maintenance office equipment 234 Repairs and maintenance motor vehicles Exhibit 1 270,296.00 15,202.00 32,994.00 58,073.00 309.00 21,841.00 2,200.00 2,100.00 1,194.00 12,000.00 291.00 26,920.00 2,000.00 400.00 53,471.40 37,650.00 300.00 8,300.00 4,000.00 1,000.00 1,500.00 1,500.00 38,000.00 15,600.00 450.00 2,700.00 7,300.00 30,000.00 550.00 1,700.00 360.00 2,500.00 9,000.00 3,500.00 1,200.00 1,100.00 2,400.00 700.00 4,000.00 2,000.00 676,601.40 2023-2024 Gov'tment Services 4@100.00 3yr-160,414.20 gasoline increases 241 241 241 243 Utilities 251Telephones 252/Postage 253 Advertising 255 Cellular Service 256GPS Object Code 262 Mileage 264 Room and meals 265Registrations and training 271 Insurance on building 272 Insurance on motor vehicles (2) 274General Liability Insurance 409 Subscriptions 470 Minor office equipment & Furn. $500-$4999 541 Direct equipment and furniture 550-551 Purchase new vehicle total budget Contract- - Ingenuity software Fox Hill Maintenance Fox Hill Email Charges 1/3of3 3900.00 150.00x3 Exhibit 2 3 Dale County Commission Data and Cybersecurity Policy Cybersecurity Policy Dale County Commission Proprietary Pagelof19 Exhibit 2 Document Revision History Date 09/12/2023 Version Modification Author Foxhill Information Systems, LLC 1.0 Initial release (DRAFT) Cybersecurity Policy Dale County Commission Proprietary Page 2 of19 Exhibit 2 Table of Contents Document Revision History. 1. Introduction 1.1.Purpose. 1.2.Scope 1.3.Roles and Responsibilities 1.3.1. Management. 1.3.2. IT Department. 1.3.3. Employees. 2. Policy Elements. 2.1.Access Control 2.1.1. Overview. 2.1.2. User Accounts 2.1.3. Passwords 2.1.4. Multi-Factor Authentication (MFA) 2.1.5. Additional Controls 2.1.6. Access Control Change Management 2.2.1. Overview. 2.2.2. Data confidentiality. 2.2.3. Data integrity 2.2.4.Data availability. 2.3.1. Overview 2.3.2. IR Team 2.3.3. Roles and responsibilities. 2.3.4. Goals of IR. 2.4.1.Asset Identification 2.4.2.Threat Identification 2.4.3.Vulnerability Assessment. 2.4.4.Risk. Analysis 2.4.5.Risk Evaluation 2.4.6.Risk Treatment. 2.4.7. Implementation of Controls. 2.4.8. Monitoring and Review.. 2.4.9. Continuous Improvement. 2.5.1. Whati is Patch Management?. 2.5.2.Patch Types. 2.5.3. Roles and Responsibilities. 2.2.Data protection.. 2.3.Incident Response (IR). 2.4.Risk Assessment and Management. 10 10 10 10 10 .10 10 .11 .11 11 11 .11 .12 12 2.5.Patch Management Cybersecurity Policy Dale County Commission Proprietary Page 3of19 Exhibit 2 3 Social Media Policy and Procedure.. 13 3.1 3.2 3.3 Introduction. Purpose.. Scope.. 3.4.1 Social Media.. 3.4.2 Official County Email Account.. 3.4.3 County Approved Social Media Site.. 3.4.4 Social Network.. 3.4.5 Page... 3.4.6 Post.. 3.4.7 Profile.. 3.4.8 Comment.. 3.5 County Social Media Use and Management. 3.6 Personal Use of Social Media.. 3.7 Email and Internet Social Media Usage.. 4 Data Retention and Disposal.. 5 Acceptable Usage Policy.. 6 Disciplinary Action.. 13 13 13 13 14 14 14 14 14 14 14 14 15 15 .16 16 .17 17 18 18 19 19 7 County and Personal Device Security. 8 Email Security.. 9 Clear Desk and Screen Security. 10 Remote Access... 11 Privacy.. Cybersecurity Policy Dale County Commission Proprietary Page 4 of19 Exhibit 2 1. Introduction information, the Acyber-attack does not only data, but it may also ruin the relationships Int today's world more and more of our business is conducted online, it is vast and growing. The more we rely on technology to collect, store, and manage more vulnerable we become to severe security breaches. directly threaten Dale County's confidential with the public and cause severe legal jeopardy to them and Dale County's reputation. Data Breach Notification Act of 2018-396 requires counties to implement The Alabama and maintain reasonable security measures to protect sensitive personally identifying information (SPII) against a breach of security. 1.1.Purpose The purpose oft this policy is to establish guidelines and best practices to ensure the security and protection ofi information systems and data within the Dale County government institution. 1.2. Scope This policy applies to all the Dale County employees, contractors, volunteers remote or onsite, and anyone who has permanent or temporary access to Dale County systems, networks, and data. 1.3. Roles and Responsibilities 1.3.1. Management resources for Management is responsible for ensuring the implementation and enforcement of this policy and providing necessary cybersecurity measures. 1.3.2. IT Department The IT department is responsible for developing procedures, implementing technical controls, monitoring systems, and responding to security incidents. 1.3.3. Employees All employees are responsible for adhering to this policy, following security procedures, and reporting any suspected security incidents. Cybersecurity Policy Dale County Commission Proprietary Page 5of19 Exhibit 2 2. Policy Elements 2.1. Access Control 2.1.1. Overview Access control is a data security process that enables organizations to manage who is authorized to access data and policies verify users ensures appropriate control access granted to users. 2.1.2. User Accounts prohibited from documented and approved by 2.1.3. Passwords resources. Secure access control uses are who they claim to be and levels are Each user should have a unique account with appropriate access rights based on their job responsibilities. Users are sharing accounts unless expressly management. All employees must use strong, unique passwords for their accounts and regularly update them. It is suggested that usage of passwords with a minimum of8 the characters contain a combination of letters, numbers and symbols as is the current This minimum level of complexity is susceptible to change due to the evolving threat landscape. 2.1.4. Multi-Factor. Authentication (MFA) requirement. For MFA, when you sign into the account for the first time ona new device or app, you need more than just the username and password. You need a second factor to prove who you are. A way of confirming your identity when in. For example, a password is one kind of factor, factor in authentication is a you try to sign it's a thing you know. The three most common kinds of factors are: Knowledge-Dased factor Password, answer to a security Possession factor - Smartphone or USB key. Inherence factor - Fingerprint orf facial recognition. MFA must be enabled for any administrative level access to systems containing sensitive data, remote access, and email provided by Dale County. question, or a memorized PIN. while using Cybersecurity Policy Dale County Commission Proprietary Page 6of19 Exhibit 2 2.1.5. Additional Controls Firewalls = We have deployed enterprise-grade firewalls at strategic points within our network infrastructure to monitor and control incoming and outgoing network traffic. The firewalls are configured to enforce strict access control policies, allowing only authorized traffic to pass through while blocking or flagging suspicious or unauthorized connections. We regularly update and patch the firewall systems to ensure they are equipped with the latest security features and defense mechanisms. Intrusion Detection and Prevention - We employ intrusion detection and prevention systems (IDS/IPS) to monitor network traffic for potential threats or suspicious activities. These systems employ advanced algorithms and threat intelligence to identify and respond to security incidents promptly. When an intrusion attempt is detected, the IDS/IPS takes immediate action, such as alerting IT or blocking malicious traffic. Any changes to access controls, including the granting or 2.1.6. Access Control Change Management revocation of access, must be documented and approved designated personnel. Access reviews should also by be conducted access. periodically to limit authorized 2.2. Data protection 2.2.1. Overview corruption. Data protection is the process of protecting sensitive personally identifying information (SPII) from damage, loss, or 2.2.2. Data confidentiality Data backups are stored encrypted "at rest" ensuring access is granted to authorized employees. Any unauthorized attempts to access sensitive personally identifying information (SPII) must be immediately to designated personnel. 2.2.3. Data integrity reported Periodic testing of data backups is performed to ensure usability of data if a recovery is needed. 2.2.4. Data availability Daily and weekly data backups are in place to automatically distribute important data to online and offline storage Cybersecurity Policy Dale County Commission Proprietary Page 7of19 Exhibit 2 locations to loss. affect quick recovery in the event of as system failure or malicious event causing data 2.3. Incident Response (IR) 2.3.1. Overview control the referenced above, the Notification Act of 2018-396 requires notice be made to affected individuals (and to the Incident response is the process of dealing with a data breach or cyberattack, including how an organization attempts to consequences of such an incident. As Alabama Data Breach awritten Alabama Office of the Attorney General if over 1,000 Alabama residents are notified) within 45 calendar days of a determination that the breach of security is reasonably likely to cause harm to affected individuals. Notice to all consumer substantial reporting agencies is also required "without unreasonable delay" if over 1,000. Alabama residents are notified. The goal is to effectively manage such an incident to minimize damage to the public, county systems and data, reduce recovery time and cost, and control damage to the county's reputation. 2.3.2. IR Team Ini the event of a security breach or other incident, a designated incident response team must be formed and activated. The team and must follow must have clear roles and responsibilities established procedures for notification and communication. The work to quickly assess the situation, contain, and 2.3.3. Roles and responsibilities team must mitigate the incident, and restore affected systems and data. Employees - All employees should promptly report any suspected IT-C Collects and analyzes all evidence, determines root cause, and implements rapid system and service recovery. Documents Management - Leads the effort of messaging and communications for all audiences, inside and outside the county. Reaches out to or actual security incidents to the IT department. lessons learned for quality assurance. Cybersecurity Policy Dale County Commission Proprietary Page 8of19 Exhibit 2 HR/Legal/Law Enforcement for representation and guidance if necessary. 2.3.4. Goals ofIR Early Detection: The primary goal of Incident Response is to detect security incidents as early as possible. Early detection can minimize the impact of a security breach and prevent further Rapid Response: Once an incident is detected, the IR team must respond swiftly and efficiently. A rapid response can help contain the incident and prevent it from spreading to other parts oft the Containment: The IR team's goal is to contain the incident to limit its impact and prevent further damage. This mayi involve isolating affected systems, disabling compromised accounts, or blocking Investigation and Analysis: Incident Response involves a thorough investigation to understand the scope and nature of the incident. This includes identifying the attack vectors, the extent of data or system compromise, and the tactics used by the attackers. Mitigation: After analyzing the incident, the IR team works on implementing mitigation strategies to prevent similar incidents in the future. This could include applying patches, updating security configurations, or improving security awareness training for Recovery: Incident Response aims to restore affected systems and services to their normal state while ensuring that the restoration is done securely to prevent re-infection. compromise. network. malicious network traffic. employees. Documentation: Proper documentation oft the incident response process is crucial. This includes capturing all the actions taken during the investigation, response, and recovery phases. Documentation helps organizations learn from incidents and Communication: Effective communication during an incident is vital. The IR team must communicate with internal stakeholders, such as management, IT staff, and employees, as well as external parties, such as law enforcement agencies; partners, and Continuous Improvement: Incident Response is an ongoing process that requires constant improvement. After eachi incident, the IR team should conduct a post-mortem analysis toi identify improve their cybersecurity posture. customers. Cybersecurity Policy Dale County Commission Proprietary Page 9 of19 Exhibit 2 areas for improvement and adjust their incident response plan Compliance and Reporting: Incident Response often involves complying with legal and regulatory requirements. Proper reporting is necessary for compliance purposes and to! keep stakeholders informed about the incident and the actions taken to address it. accordingly. 2.4. Risk Assessment and Management 2.4.1. Asset Identification Identify all the assets in the Dale County IT environment that need protection, including hardware, software, data, personnel, and facilities. Categorize them based on their criticality and sensitivity. 2.4.2. Threat Identification Identify potential cybersecurity threats that could exploit vulnerabilities in the assets. These threats may include hacking, etc. malware, social engineering, insider threats, 2.4.3. Vulnerability Assessment Conduct a comprehensive vuinerability assessment to identify weaknesses in the ITi infrastructure, applications, and processes that could be exploited by threats. 2.4.4. Risk Analysis Assess the potential impact and likelihood of each threat exploiting specific vulnerabilities to cause harm to the IT assets. the combination of Assign a risk rating to each threat based on impact and likelihood. 2.4.5. Risk Evaluation Prioritize the identified risks based on their severity and potential impact on the county. This step will help focus on addressing the most critical risks first. 2.4.6. Risk Treatment Develop risk management strategies to mitigate, transfer, avoid, or accept the identified risks. Some common risk treatment options in the context of cybersecurity include: Cybersecurity Policy Dale County Commission Proprietary Page 10 of19 Exhibit 2 - Risk Avoidance: Eliminate the risk by discontinuing or not engaging Risk Mitigation: Implement measures to reduce the likelihood or impact oft the risk. This could involve implementing security controls, updating software, conducting employee training, etc. Risk Transfer: Shift the risk to a third party, such as through cybersecurity insurance or outsourcing certain functions to Risk Acceptance: Choose to accept the risk if the cost of mitigating itoutweighs the potential impact or ifi it's deemed acceptable based inc certain high-risk activities or technologies. specialized providers. on the county's risk appetite. 2.4.7. Implementation of Controls Implement the selected risk treatment strategies and security controls. This may involve investing in cybersecurity tools, updating policies and procedures, and conducting training sessions for employees. 2.4.8. Monitoring and Review Continuously monitor the IT environment, analyze cybersecurity trends, and review the effectiveness ofi implemented controls. threats and Regularly update risk assessments as new vulnerabilities emerge. 2.4.9. Continuous Improvement Cybersecurity is an ongoing process, and threats evolve over time. Continuously learn from past incidents and update the risk accordingly. assessment and management strategies 2.5. Patch Management 2.5.1. What is Patch Management? Patch management procedures are a crucial aspect of maintaining the security and stability of computer systems and software. The process involves identifying, evaluating, testing, and deploying patches and updates to address vulnerabilties, fix bugs, and improve performance. Cybersecurity Policy Dale County Commission Proprietary Page 11 of19 Exhibit 2 2.5.2. Patch Types A patch within the Dale County environment is classified as either an upgrade or an accumulation of fixes to either a known problemuinerabliy or potential problemuinerabity within an system. Furthermore, IT will leverage the patch management infrastructure to deliver tools to secure Dale County systems and distribute supported third- party software int the form of patches as described below. operating or software Dale County help A patch is divided into four (4) different categories: Category 1- Security Patches Category 2- Non-Security Patches Category 3- Security Tools Category 4- Software Distribution 2.5.3. Roles and Responsibilities Management: Notify IT of criticality of systems and/or if patching will hinder Dale County operations. Ensure employees leave machines on during patching operational windows. IT: Send notices out to schedule patching operational Stay informed about the latest patches and updates for your operating system, applications, and software. Regularly check official vendor websites, security advisories, and mailing lists. Assess the severity and relevance of each patch to your organization's environment. Focus on critical Monitor systems after patch deployment to ensure the patches were successful and did not cause any Ensure patch management procedures comply with any relevant security policies, regulations, or industry standards (e.g., GDPR, HIPAA, PCI DSS). windows. security updates first. unexpected problems. Cybersecurity Policy Dale County Commission Proprietary Page 12 of19 Exhibit 2 Schedule regular maintenance windows for patching to minimize disruptions and maximize efficiency. Employees: Comply with IT policy by leaving machines on as directed by Management and IT. Notify Management and/or IT if unexpected system behavior after patching. 3. Social Media Policy and Procedure 3.1 INTRODUCTION Social media can be an effective communication tool for the county commission and its instrumentalities, departments, and agencies (collectively "County"). Improper usage of social media, however, may impact the County and affect the public trust in and credibility of the County. The County recognizes and respects the rights of its employees to participate in social media platforms. Employees, however, must ensure that their online content is consistent with the County's standards of conduct. 3.2PURPOSE social media. 3.3 SCOPE The purpose of this policy is to define the parameters for both official and personal use of This policy applies to all county commission offices and county-funded instrumentalities, departments, and agencies, including but not limited to, the Revenue Commissioner's office, the probate office, and any other county-funded entity or program, and applies to permanent and part-time employees, remote workers, third-party agents, contractors, consultants, volunteers, suppliers, interns, and any individuals ("Users") who have permanent or temporary access tot the County's social media platforms, sites, or pages. This policy applies to all social media communications whether or not an employee or User is posting under his or her name, anonymously, or through an alias or other means and to such communication and usage on personally-owned devices whether connected by wire or wireless service to Cybersecurity Policy Dale County Commission Proprietary Page 13 of19 Exhibit 2 the county network. This policy also applies to social media communication and usage on devices purchased using any officials' discretionary funds. 3.4 DEFINITIONS 3.4.1 SOCIAL MEDIA: All means of communicating or posting information or content of any sort ont the Internet, including to your own or someone else's web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, forums, comment sections, and private or direct messages, whether or not associated or affiliated with the County, as well as any other form of electronic 3.4.2 OFFICIAL COUNTY EMAIL ACCOUNT: Email account provided by a County instrumentality, department, or agency mail system or approved external mailbox thati is 3.4.3 COUNTY APPROVED SOCIAL MEDIA SITE: A social network that has been assessed and approved by the county administrator, the information technology (IT) department, the county attorney and human resources director, and/or the county 3.4.4 SOCIAL NETWORK: Online platforms, sites, or pages, where profiles are created, information is shared, and parties socialize with each other using a range of electronic 3.4.5 PAGE: The portion of the social media network or platform where content is 3.4.6 POST: A submitted or published message or blog in the form of, but not limited to, text, videos, photographs, graphics, links, including hyperlinks, documents, and 3.4.7 PROFILE: Information provided about a person or the County on a social communication. used for official county business. department head or agency head. communication and technologies. displayed, usually by a person with administrator rights. computer applications. networking platform, site, or page. 3.4.8 COMMENT: A submitted or published response to ap post. 3.5COUNTY SOCIAL MEDIA USE AND MANAGEMENT Cybersecurity Policy Dale County Commission Proprietary Page 14 of19 Exhibit 2 County social media usage shall be limited to those with an official County business and purpose to use social media. County-sponsored and social media platforms, sites, or pages for County instrumentalities, departments, and agencies should be reviewed and approved by the county administrator, the information technology (IT) department, the county attorney, the human resources director, andlor the county department head or agency head. Any County-sponsored and approved social media platform, site, or page should be clearly identified with the following phrase: "Official social media site of department name," including a link to the County or department website and should include the County, department, or agency logo. A disclaimer should be placed on the platform, site, or page indicating that information included in posts and originating device identification information may be subject to public record disclosure and shall be recorded and archived. The County should designate a person who is responsible for social media communications, including but not limited to, determining what information is posted on the platform(s), site(s), or page(s), and updating, commenting, reviewing, and auditing the content. The County should also identify backup personnel for times the designated person is unavailable. Designated personnel participating in social media discussions related to county business matters during off-County time shall indicate that viewpoints shared are personal and do not necessarily reflect County opinion. Any County-sponsored and approved social media platform(s), site(s), or page(s) should comply with all federal, state, and local laws. 3.6 PERSONAL USE OF SOCIAL MEDIA 3.6.1 Employees have the right to speak and act on social media on their own time as private citizens on matters of public concern. However, the following actions are forbidden, including but not limited to, regardless of whether an employee or Useri is on his or her own time: a) Disseminating or discussing any information accessed because of an employee's position that is not generaly available to the public, including, but not limited to, confidential information regarding citizens or co-employees, or others; information regarding safety and security plans or procedures; information regarding expected or pending legal matters; or b) Releasing any media including, but not limited to pictures, videos, and audio recordings, obtained during the performance of an employee's, agency-related activities, and agency- c) Stating, suggesting, ori implying in any mannert that an employee or Useri is acting or speaking e) Taking any other action that may reasonably be expected to interfere with the employee's information regarding contract negotiations; responder activities, unless prior approval is obtained; on behalf of the County without prior express authorization; d) Violating the County's policies against harassment or discrimination; and job duties or the County's operations. Cybersecurity Policy Dale County Commission Proprietary Page: 15 of19 Exhibit 2 3.7 EMAIL AND INTERNET SOCIAL MEDIA USAGE Employees are generally expected to work during all work times and should refrain from engaging in personal activities during work hours except for breaks. Personal use of electronic mail, social media, etc., that interferes with an employee's performance of his or her job duties is strictly prohibited. Any use of county resources, including, but not limited to, county equipment or bandwidth, for personal use may result in any information regarding the use, including metadata and data, to become public, and employees and Users have a decreased expectation of privacy in personal devices brought onto County property. 4. Data Retention and Disposal The County follows the County Commissions Functional Analysis & Records Disposition Authority Guidelines as adopted by the Local Government Records Commission. The County will ensure compliance with all necessary legal and regulatory requirements regarding retention, storage, and disposal. When establishing and/or reviewing retention periods, the following will be considered: Local Government Records Commission retention, recommendations, and The purpose(s) for which the data in question is collected, held, and processed; The county's legal basis for collecting, holding, and processing that data; and disposition; The objectives and requirements of the county; The class of data in question; Anticipated or pending litigation. 5. ITA Acceptable Usage Policy Dale County ITA Acceptable Usage Policy 1. Employees will use Dale County-owned IT equipment, including computers, laptops, tablets, phones, and other devices, only for authorized business purposes, not for personal or 2. Internet, email, and other communication tools to access, download, or distribute inappropriate or illegal content. Employees shall not use equipment, including computers, laptops, tablets, phones, and other devices, or any means of communication in violation of any federal or state 3. Dale County-owned printers, copiers, or scanners will not be used for personal or unauthorized purposes. These devices will not be used to print or copy large quantities of personal documents unauthorized purposes. law ori in violation of another county policy. or other materials without prior approval. Cybersecurity Policy Dale County Commission Proprietary Page 16 of19 Exhibit: 2 4. Dale County has the right to monitor and review my use of Dale County-owned equipment, including myi interneta and email usage. Employees will not attempt to bypass or circumvent any 5. Employees will immediately report any issues or concerns with Dale County-owned equipment to designated IT personnel. Employees will also report any suspected security breaches or other 6. Employees understand that any violations of this acceptable use agreement may result in security or monitoring measures in place. unauthorized use of Dale County-owned equipment. disciplinary: action as set outi in this policy. 6. Disciplinary Action Disciplinary action may be taken against employees who violate this policy. Violation of this policy can lead to disciplinary action up to and including termination. The County's disciplinary protocols are based on the severity of the violation. Unintentional violations may only warrant a verbal warning. Frequent violations oft the same nature, however, may lead to a written warning. Intentional violations can lead to suspension or termination of employment, depending on the case circumstances. Employees may also be exposed to personal liability. 7. COUNTY AND PERSONAL DEVICE SECURITY When Users use county or personal devices to access information from the county Data Assets, they introduce security risks to county data. A device means, buti is not limited to, al laptop, To ensure the security of all county-issued devices and Data Assets, all Users are required to: tablet, personal computer, workstation, smart phone or mobile device. Keep all county-issued devices password protected; Ensure devices are not exposed or left unattended; Refrain from sharing private passwords with coworkers, personal acquaintances, or Ensure devices are current with security patches and updates and regularly updated with the latest anti-virus, anti-malware, or security software; Install security updates of browsers and systems monthly or as soon as updates are Discourage use ofothers' devices to access the county/ssystems, networks, and Use only secure and private networks to log into county systems, networks, and Obtain authorization from the County Administrator, IT Manager, or designee before others; available; technology infrastructure; Avoid lending county devices to other individuals; technology infrastructure; and removing devices from county premises. A personal device means, but is not limited to, a laptop, tablet, personal computer, workstation, smart phone, mobile device, or other device that is authorized to access the county'sData Assets ori is used to backup any such device and is owned by a Usera and acquired voluntarily, Cybersecurity Policy Dale County Commission Proprietary Page 17 of19 Exhibit 2 without payment by the county and without any expectation ofr reimbursement for any costs related to the purchase, activation, operationa/onneciwiy charges, service or repairs, or other costs that may be incurred related to the device or its use. The county recognizes that Users may use personal devices to access the county'sData Assets. In such cases, Users must report thisi information to the County Administrator, ITI Manager, or designee for record-keeping purposes. To ensure the county Data Assets are protected, all Users are required to: Ensure all personal devices used to access county-related Data Assets are password protected; Lock all devices if unattended; Ensure all devices are protected at all times; Use only secure and private networks. Install and regularly update security patches, anti-virus, anti-malware, and security software; and 8. EMAIL SECURITY Protecting email systems internally and externallyi is al high priority as emails can lead to data theft, corruption, virus infections, phishing attacks, and scams. Therefore, the county instructs all Users to: Verify the legitimacy of each email, including the email address and sender name; Be suspicious of phishing, clickbait titles and links (e.g., offering prizes, advice); Look fori inconsistencies or giveaways (e.g., grammatical errors, capital letters, overuse Delete immediately unsolicited email (spam) from unknown parties; and Avoid opening suspicious emails, attachments, and links; of punctuation marks); Refrain from using county email for personal use. Users should contact the County Administrator, IT Manager, or designee regarding any suspicious emails. 9. CLEAR DESK AND SCREEN SECURITY Users must have an awareness of the importance of keeping both paper and electronic documents and records safe when they are working at their desk, workstation, or screen and have knowledge of how to protect them. This ensures that all sensitive information, whetheri it be on paper, a storage device, or a hardware device is properly locked away or disposed of when a workstation is not in use. This will reduce the risk of unauthorized access, loss of, and damage to information during and outside of normal business. For a clear desk, Users should operate as follows: When leaving a desk for a short period of time, Users must ensure printed matter containing information that is sensitive or confidential is not lefti in view. Cybersecurity Policy Dale County Commission Proprietary Page 18 of19 Exhibit 2 When leaving a desk for al longer period of time or overnight, Users must ensure printed Whiteboards and flipcharts must be wiped and removed ofa all sensitive information. matter containing sensitive or confidential information is securely locked away. Fora a clear screen, Users should operate as follows: When leaving the workstation for any period of time, Users must ensure they lock their computer session to prevent unauthorized access to the network and stored All users must ensure their screens cannot be overlooked by members of the public, or people without the necessary authority when sensitive or confidential data or information is displayed. Where appropriate, privacy filters should be Following up to ar maximum of 15 minutes ofi inactivity, the session will be automatically information. used to protect the information. locked as ai failsafe measure. 10. REMOTE ACCESS Users sometimes access the county's Data Assets from a distance. Secure remote access must bes strictly controlled with encryption (e.g., Virtual Private Networks (VPNs)) and strong passwords. It is the responsibility of Users with remote access privileges to the county'sr network to ensure that their remote access connection is given the same consideration as the User'son- site connection to the county's data network. General access to the internet for personal use through the county network or Data Assets is strictly limited to Users. When accessing the county network from a personal computer, Users are responsible for preventing access to any county Data Assets by other individuals. Performance of illegal activities through the county network or Data Assets by any User is prohibited. 11. PRIVACY Users shall have no expectation of privacy for any information they store, send, receive, or access on the county's Data Assets. The county may monitor and inspect all Data Assets of any User without prior notice, int the course of an investigation triggered byi indications of misconduct, or on random basis. Cybersecurity Policy Dale County Commission Proprietary Page 19 of19 Exhibit3 District Administrative Coordinator Job Description Division Reports To County Engineer Job Summary Department Road and Bridge Location Dale County Commission District Soil & Water Conservation To provide administrative and advanced clerical duties for coordinating the district program. This position also provides administrative and advanced clerical duties assistance to the USDA/NRCS field office staff with the implementation of conservation programs to the public. Duties and Responsibilities: conservation programs. personne. 1. Assist the District Board in carrying out its administrative responsibilties. Coordinate the District's 2. Serves as receptionist: receives walk-in clients and telephone calls. Answers questions, gives assistance in signing up for various programs and directs clients for assistance to proper office 3. Serves as bookkeeper for all district accounts. Maintains and prepares all required financial records including processing payroll, taxes filed with the Federal, State, and Social Security. Process W-2 Tax forms and 1099's. Prepares checks and deposits. Provides board members with monthly financial reports and prepares the annual district budget. Prepares quarterly travel 4. Assists in preparing Board Meeting Agenda in coordination with the District Conservationist. Provides supervisors with an agenda, monthly financial report, and of previous month's board 5. Attends monthly board meetings. Provides supervisors with all pertinent information for meeting in order to keep supervisors informed of upcoming activities. Records board meeting minutes. 6. Maintains communication between the District and the NRCS field office personnel to assure cooperation and avoid duplication of efforts. Assists NRCS with reports, data entry, program sign- ups, correspondence, filing, recording NRCS Staff Meeting Minutes and arranging appointments. 7. Assist in entering client information into Protracts and Toolkits for NRCS programs. 8. Responsible for registering new AFO/CAFO applicants and re-registering CAFO's on a yearly vouchers for payment. meeting minutes prior to each monthly board meeting. basis. 9. Other duties as assigned. Skills and Knowledge 1. Willing to learn aerial photography interpretation, agricultural, wildlife, forestry and miscellaneous minor engineering practices. 2. Skills in public relation with other units of government. 3. Knowledge of written and oral communication techniques to address groups to prepare informational articles, and to prepare summary work reports. 4. Ability to operate a motor vehicle and be insurable. 5. Ability to operate office equipment such as computers, copiers, and fax machines. 6. Ability to work closely with others in a public office environment. 7. Ability to organize and plan own schedule of activities related to work goals. 8. Accounting Skills to manage bank record keeping and IRS records and reports. Exhibit 3 Supervisory Responsibilities Physical Demands Standing Upto 33% 33-66% Use Hands to Finger, Handle, More than 66% Talking or Hearing More than 66% None Walking Upi to 33% Upto33% More than 66% Sitting More than 66% Stooping, Kneeling, Crouching, Climbing or Balancing Reaching with Hands and Arms Lifting Up to 10lbs Up to 25lbs Up to 33% Upto33% Upt to33% Specific physical duties Must see well enough to read fine print and numbers. Must hear well enough to understand verbal communication. Must have the strength to lift heavy books and the body mobility to move around the office. Specific Noise Duties Exposure to general office environment. Comments seminars and training. Must be willing to wear appropriate attire and work overtime as needed. Must travel occasionally to attend Exhibit 4 Sheriff Mason Bynum DALE COUNTY SHERIFF'S OFFICE P.O.Box: 279, Ozark, Alabama 36361 Telephone: 334-774-2335 Fax: 334-774-2909 Email: info@daleso.com August 9, 2023 To: Cheryl Ganey, County Administrator From: Sheriff Mason Bynum Re: Surplus Vehicle These, vehicles are no longer-beneficial to the operations of the Sheriff Office and are incurring undue repaircosts. We would like to surplus this vehicle from our inventory. 2ooJeep Liberty VINHGL-KSN2IT # 40b8 2015Nissan Rouge VINAINBASSMISFW61389.P4014, 20081 Ford Explorer VIN#IFMBU63E58UA30101-t4002 2002Chevrolet Van VINHIGCEGISW4212085594o0V 2oloChevrolet HHR VIN#3GNBAADBAS523222 #4098 200Chevrolet HHR VINAGMRAADPANSIRN 4093 Ifyou have any questions pleaseletme know. v/r, K Sheriff Mason Bynum Exhibit 5 CONTRACT FOR OF ALTERNATIVE COMPLIANCE EXAMINATION ENGAGEMENT (ACEE) DALECOUNTY COMMISSION'S Coronavirus State and Local Fiscal Recovery Funds This contract is entered into on the 1st day of September 2023 by and between the Department of Examiners of Public Accounts (EPA) and Dale County Commission, hereinafter referred to as the (DCC). The contracting parties hereby agree to the following: I. Purpose and Scope EPA shall conduct an Alternative Compliance Examination Engagement (ACEE) of DCC's Coronavirus State and Local Fiscal Recovery Funds (CSLFRF), for the period beginning October 1, 2021 and ending September 30, 2022. EPA will perform an examination of compliance with allowable activities and cost requirements of CSLFRF (Assistance Listing Number 21.027) as described in Title 31 U.S. Code of Federal Regulations, Part35, Pandemic Relief Programs, Subpart A, Coronavirus State and Local Fiscal Recovery Funds published by the Department of Treasury. We will perform our examination in accordance with applicable attestation standards established by the American Instituted ofCertified Public. Accountants (AICPA)and the standardsapplicable toa attestation engagements contained in Government Auditing Standards, issued by the EPA will furnish copies of ACEE reports to DCC. Upon request, EPA will also furnish EPA: shall make all working papers and reports available upon request for review by any federal grantor agency consistent with State and Federal law. EPA shall also retain all working papers and reports for a minimum period of five years from the date the ACEE report becomes final, unless EPA is notified in writing to extend the retention period. Comptroller General of the United States. copies of the. ACEE report to federal grantor agencies. II. Funding of ACEE DCCagrees to reimburse EPA for its necessary and reasonable costrelated to conducting the ACEE, including personnel costs and travel expenses incurred at the rate authorized by Alabama law. The maximum cost of the ACEE shall not exceed seven thousand six hundred dollars ($7,600.00). However, in the event that EPA finds DCC: has either failed to keep its records or expend its funds in accordance with federal guidelines or in the event there are changes in the preliminary scope of work, the maximum cost of the ACEE may be increased accordingly. If the cost of the ACEE will exceed the above-stated Exhibit 5 Contract Page 2 maximum, EPA will provide an estimate of the increased amount. DCC: shall pay 80% of the ACEE costs upon full execution of the contract and 20% upon completion of field work as evidenced by invoices of the EPA. III. General Provisions The parties to this Contract agree with, and shall adhere to, the following: A. Access tol Records and Work Area The Chief Examiner of EPA, the Comptroller General of the United States (if Federal funds), or any other duly authorized representatives of EPA shall have the right of access to any financial and operating data, pertinent books, documents, papers, and records of DCC for the purpose of making audits, financial reviews, examinations, excerpts, and transcripts. This right also includes timely and reasonable access to DCC's personnel for the purpose ofi interview and discussion related to the. ACEE set forth in this Contract. This right of access is not limited to the required retention period, but shall last as long as the records are retained. The DCC also agrees to provide a working area for EPA personnel, which facilitates efficient fieldwork. B. Compliance with Federal, State, and Local Laws In addition to the provisions provided herein, the parties shall be responsible for complying with any and all other applicable laws, ordinances, codes and regulations of thel Federal, State, and local governments, including, butnot limited to the Beason- Hammon Alabama Taxpayer and Citizen Protection. Act (S 31-13-1, et seq., Ala. Code By signing this Contract, the parties affirm, for the duration of the Contract, 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, any party found to be in violation of this provision shall be deemed in breach of the Contract and shall be responsible for all damages resulting therefrom. Inc compliance with. Act 2016-312, the parties hereby certify that they are: not currently engaged in, and will not engage in, boycott of a person or an entity based in or doing business with a jurisdiction with which the state (Alabama) can enjoy open trade. 1975). .I Immunity and Dispute Resolution The parties toi this Contracti recognize and acknowledge that] EPA isaninstrumentality oft the State of Alabama, and as such, isi immune! from suit] pursuant to Articlel,Section 14 of the Alabama Constitution of 1901. It is further acknowledged and agreed that Exhibit 5 Contract Page 3 none of the provisions and conditions of this Contract shall be deemed to be or In the event of any dispute between the parties, senior officials of both parties shall meet and engage in a good faith attempt to resolve the dispute. Should that effort fail and the dispute involves thej payment of money, a party's sole remedy is the filing of For any and all other disputes arising under the terms of this contract which are not resolved by negotiation, the parties agree to utilize appropriate forms ofr non-binding alternative dispute resolution including, but not limited to, mediation. Such dispute resolution shall occur in Montgomery, Alabama, utilizing where appropriate, mediators selected from the roster of mediators maintained by the Center: for Dispute construed to be a waiver by EPA of such Constitutional Immunity. ac claim with the Board of Adjustment of the State of Alabama. Resolution of the Alabama State Bar. D. Indemnity To the furthest extent permitted by law, DCC shall defend, indemnify, and hold harmless the EPA from any and all losses, consequential damages, expenses including, butnot limited to, attorney's fees), claims, suits, liabilities, fines, penalties, and any other costs arising out of or in any way related to the DCC's failure to fulfill its obligations under this Contract. E. Amendments This Contract may be modified, altered, or amended from time to time throughout the duration oft this Contractonlyl by a written agreementduly executed by the parties hereto or their duly authorized representative. F. Entirety This Contract contains the entire written Contract between the parties as to the matters contained herein. Any oral representations or oral modifications concerning this Contract shall be of no force or effect. G. Termination This contract may be cancelled by either party upon 30 days written notice provided that any costs shall be paid. Exhibit 5 Contract Page 4 H. Term of Contract This contract will begin on August 31, 2023 and end on August 31, 2024. EPA agrees tonotify DCCi in the event of any unforeseen delays affecting this schedule. IN WITNESS THEROF, the parties have executed this Contract as of the date first written above. STATE OF ALABAMA Department ofl Examiners of Public. Accounts Rwds faus Rachel Laurie Riddle Chief Examiner Dale County Commission Sh YAf Steve McKinnon Chairman Exhibit 6 DIVERSIFIED COMPUTER SERVICES, L.L.C. LICENSE. AGREEMENT (Software & Services) THIS AGREEMENT is entered into as of October 1.2 2023 ("Effective Date"), by and between Diversified Computer Services, L.L.C., an Alabama limited liability company with its principal office located at 8200 Old) Federal Road, Montgomery, AL 36117, Telephone: (334)260-8453, Facsimile: (334) 260-8488, Contact and email: Dan Floyd, Email: dan.floyd@ucs-des.com ("DCS"), and Dale County Engineer's Office, a governmental. entity with its principal office located at 202 South Highway 123. Suite A. Ozark. Alabama 36360, Telephone: (334).774-5875, Facsimile: (334)774-6899, Contact: Matt Murphy. County Engineer ("Licensee"). WHEREAS, DCS has the right to license thel Licensed Software, as defined below; and WHEREAS, the parties desire that DCS license to Licensee non-exclusive rights to use the Licensed Software for Licensee's internal use on computers under the control of Licensee, all in NOW, THEREFORE, in reliance on the mutual covenants and promises, representations and accordance with the terms and conditions thereof; agreements set forth herein, the parties agree as follows: I. Definitions. 1.1 "Licensed Software." Computer program(s) specified on the Confidential Product and Price List attached as Exhibit A in object code form only and related user manuals and documentation, together with any additional computer programs, manuals, or documentation that may be licensed in the future or otherwise provided by DCS as updates, upgrades, or modifications. to the: 1.2 "Authorized Copies." The number of copies oft the Licensed Software for which license fees are fully paid by Licensee and that are authorized for use by DCS in the Confidential Product and Price List attached as Exhibit A. The number of Authorized Copies may be increased by Licensee 1.3 "Proprietary Rights." All rights in and to copyrights, rights to register copyrights, trade secrets, inventions, patents, patent rights, trademarks, trademark rights, confidential and proprietary information protected under contract or otherwise under law, and other similar rights or interests in Licensed Software. from time-to-time by purchasing additional licenses as provided in Section 5. intellectual or industrial property. 2. License Grant. Subject to the terms and conditions hereof, DCS hereby grants to the Licensee, and Licensee hereby accepts, a limited, non-exclusive and non-transferable license under the Proprietary Rights of DCS and its licensors to copy, distribute, install, and use the Authorized Modules of the Licensed Software as provided in the Confidential Product and Price List attached as Exhibit A. Restrictions. Licensee may copy and use the Licensed Software only (i) for its intended use as specified in the accompanying documentation for Licensee's internal business operations, and (ii) for Licensee's reasonable back-up and archival purposes. Licensee shall not, in whole or in part, (i) modify, disassemble, decompile, reverse compile, reverse engineer, translate, copy, or in any way duplicate the Liçensed Software for any purpose, or attempt to derive a source code language version oft the Licensed Software, except as expressly authorized herein; or (ii) permit the Licensed Software to be sublicensed, re-marketed, redistributed, or used as part of a service bureau. All rights not expressly granted to: 3. Licensee herein are expressly reserved by DCS. Exhibit 6 DIVERSIFIED COMPUTER SERVICES, L.L.C. LICENSE AGREEMENT (Software & Services) 4. License and Technical Support Fees for Subscription Licenses. License fees and technical support fees are combined for subscription licenses. Fees and related payment terms are provided on the Confidential Product and Price List attached as Exhibit A, and Licensee shall pay fees in accordance with such terms and conditions. Licensee may purchase additional licenses. The prices stated are exclusive of all taxes based on or in any way measured by the Agreement, the Licensed Software, or any portion thereof, or any services related thereto, excluding taxes based on DCS's net income, but including personal property taxes. Licensee shall pay all such taxes either as levied by taxing authorities or as invoiced by DCS. IfLicensee challenges the applicability of any such tax, Licensee shall nevertheless 5. Purchase of Additional Licenses. IfLicensee purchases license rights for additional Licensed Software and/or Authorized Copies, such additional licenses shall be governed by the terms and conditions hereof. Except as may be expressly provided on the Confidential Product and Price List attached as Exhibit A, pricing for additional liçenses shall be in accordance with DCS's then-current price list, which may be updated by DCS from time to time. Licensee agrees that, absent DCS's express written acceptance thereof, the terms and conditions contained in any purchase order or other document issued by Licensee to DCS for the purchase of additional licenses, shall not be binding on DCS to the extent that such terms and conditions are additional to or inconsistent with those contained in this pay such tax and may thereafter challenge such tax and seek ar refund thereof. Agreement. 6. 7. 8. 9. Technical Support Services. DCS shall provide technical support services under the Technical Optional Customization: and Implementation Services. DCS provides optional customization and implementation services under the Customization and Implementation Terms attached as Exhibit C. Services. DCS provides optional Services under the Terms attached as Exhibit D. Unwanted Code. The Licensed Software shall not (i) contain any hidden files, (ii) be designed to replicate, transmit, or activate itself without control ofay person operating computing equipment on which it resides, (iii) be designed to alter, damage, or erase any data or computer programs without control ofa person operating the computing equipment on which it resides, (iv) contain any key, node lock, time-out, or other function, whether employed by electronic, mechanical or other means, which restricts or may restrict use or access to any program or data, based on residency on a specific hardware configuration, frequency or duration of use, or other limiting criteria, or (v) contain any software routines or components designed to permit unauthorized access. If any such feature be discovered by Licensee, DCS shall as soon as commercially possible deliver to Licensee a version of the Licensed Software that does not contain such feature. The foregoing is exclusive and states the entire liability of DCS with respect to 10. Warranty Disclaimers. EXCEPT. AND TO THE EXTENT EXPRESSLY PROVIDED HEREIN ANDTOTHE EXTENT. ALLOWEDE BYLAW, DCS ON BEHALF OF ITSELF AND ITS SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES RESPECTING MERCHANTABLIY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ACKNOWLEDGES THAT NO REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT HAVE BEEN MADE RESPECTING THE LICENSED SOFTWARE OF SERVICES TO BE PROVIDED HEREUNDER, AND THAT LICENSEE HAS NOT RELIED ON ANY REPRESENTATION NOT EXPRESSLY SET OUT IN THIS AGREEMENT. LICENSEE SHALL BE SOLELY RESPONSIBLE Support Terms attached as Exhibit B. violations ofthis Paragraph 9. Exhibit 6 DIVERSIFIED COMPUTER SERVICES, L.L.C. LICENSE AGREEMENT (Software & Services) FOR THE SELECTION, USE, EFFICIENCY, AND SUITABILITY OF THE LICENSED SOFTWARE 11. Proprietary Rights Warranty and Indemnification. DCS represents and warrants that DCS has the authority to license the rights to the! Licensed Software which are granted herein. Ifa claim is made that the Licensed Software infringes any United States patent, copyright, trade secret or other proprietary right, or if DCS believes that a likelihood of such a claim exists, DCS may, in DCS's sole discretion, procure infringing but continue to right meet the specifications therefor, or replace it with non-infringing software of like functionality: that meets the specification for the Licensed Software; provided, however, ifnone oft the foregoing is commercially reasonably available to DCS, including all copies and portions thereof. DCS shall have no liability to Licensee for any claim. of infringement pursuant to this Paragraph 11, ifs such claim is based on (i) combination of the Licensed Software with data or with other software or devised not supplied by DCS and/or (ii) modifications made to the Licensed Software. The foregoing is exclusive and states the entire liability of DCS with respect to infringements or misappropriation ofany Proprietary 12. Disclaimer ofl Incidental and Consequential Damages; Limitation ofLiability. INI NOI EVENT SHALL DCS BE LIABLE TOI LICENSEE FOR ANY DAMAGES RESULTING FROM ORI RELATED TO ANY FAILURE OF THE LICENSED SOFTWARE, INCLUDING, BUTI NOT LIMITED TO,LOSS OF DATA, OR DELAY OF DCS INTHE DELIVERY OF THE LICENSED SOFTWARE, ORI IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER UNDER ANY THEORY INCLUDING CONTRACT AND TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCTS LIABILITY) FOR ANY INDIRECT, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, EVEN IF THE PARTY CAUSING SUCH DAMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DCS'S MAXIMUM LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT SHALLI BEI LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY LICENSEE TO DCS UNDER THE CURRENT LICENSE AGREEMENT, WITHOUT 13. Ownership. Title to the Proprietary Rights embodied in the Licensed Software shall remain in and be the sole and exclusive property of DCS and its licensors, except for certain customizations as provided in Exhibit C attached hereto. Licensee shall not alter, change or remove any proprietary notices or confidentiality legends placed on or contained within the Licensed Software. Licensee shall include such notices and legends in all copies of any part of the Licensed Software made pursuant to the 14. Confidentiality ofl Licensed Software. Licensee acknowledges and agrees that the Licensed Software and all copies thereof are DCS's exclusive property and constitute a valuable trade secret and contains valuable trade secrets consisting of algorithms, logic, design, and. coding methodology proprietary to DCS. Licensee shall safeguard the confidentiality oft the Licensed Software, using the same standard of care which Licensee uses for its similar confidential materials, but in no event less than reasonable care. Licensee shall not disclose or make available to third parties the Licensed Software or 15. Injunctive Relief. Thej parties hereby agree that any breach of any provision of this Agreement regarding confidentiality. or protection of Proprietary Rights would constitute irreparable harm, and that the aggrieved party shall be entitled to specific performance and/or injunctive relief in addition to other ANDI DCS SHALL HAVEI NOLIABILITY THEREFOR. for Licensee the to continue using the Licensed Software, modify it to make it non- Rights by the Licensed Software. REGARDTOEXIENSIONS OR) RENEWALS. Agreement. any portion thereofwithout DCS'sp prior written consent. remedies at law or in equity. Exhibit 6 DIVERSIFIED COMPUTER SERVICESLL.C. LICENSE. AGREEMENT (Software & Services) 16. Subscription Term. The term oft this Agreement shall commence as ofthel Effective Date hereof and shall continue until September 30. 2024. This Agreement is subject to earlier termination as otherwise provided herein. 17. Termination. 17.1 DCS may terminate this Agreement and any license granted to Licensee hereunder at any time if (i) Licensee fails to pay DCS any amount due hereunder when due; (ii) Licensee is in default of any other provision hereof and such default is not cured within 10 days after DCS gives Licensee written notice thereof, or (iii) Licensee becomes insolvent or seeks protection, voluntarily or involuntarily, under any bankruptcy law. 17.2 Int the event of any termination of the Agreement or ofa any license granted hereunder, DCS may: (i) require that Licensee cease any further use ofthe Licensed Software or any portion thereof and immediately return the same and all copies thereof, in whole or in part, to DCS; and (ii) cease 17.3 In the event DCS discontinues technical support for its Licensed Software for any reason whatsoever, Liçensee may elect to either (i) terminate this Agreement, cease any further use of the Licensed Software or any portion thereof, and immediately return the same and all copies thereof, in whole or in part, to DCS; or (ii) continue to use the Licensed Software upon the same terms and conditions provided in this Agreement, except that DCS will have no obligation to Licensee including, but not limited to the obligation to provide technical support, updates, or upgrades. As long as Licensee continues to use the Licensed Software under (ii) above, Licensee be required to pay the then current license fees and technical support fees as provided in Section 4. DCS shall give Licensee 90 days written notice prior to discontinuing technical support for its Licensed Software. This Section 17.4 Upon termination ofthis Agreement for any reason by thel Licensee, other than termination under Section 17.3, Licensee shall remain responsible for the license fees and technical 18. Return of Materials. Within ten (10) days of the expiration or termination hereof, Licensee shall return to DCS the Licensed Software and all copies of all other materials supplied by DCS and shall delete all copies thereof. All data entered in the Licensed Software by Licensee shall remain the property of the Licensee, and Licensee shall be entitled to remove such data prior to deleting the Licensed Software. Upon request of Licensee, DCS will provide assistance in removing the Licensee's data at 19. Arbitration. Except for actions to protect Proprietary Rights and to enforce an arbitrator's decision hereunder, all disputes, controversies; or claims arising out of or relating to the Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and chosen by mutual agreement oft the parties in accordance with AAA rules. The arbitration shall take plaçe in Montgomery, Alabama. The arbitrator shall apply the laws of the State of Alabama to all issues in dispute. The findings oft the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Legal fees shall be awarded to the prevailing party in the 20. Notices. Any notice or communication required or permitted to be given hereunder may be performance of all ofDCS's obligations hereunder, without liability tol Licensee. shall tol DCS 85% of 17.3 shall survive the termination ofthis Agreement. support fees provided in Section 4 through the end oft the term ofthis Agreement. DCS'ss standard hourly rate. such arbitrator shall be arbitration. Exhibit 6 DIVERSIFIED COMPUTER SERVICES, L.L.C. LICENSE. AGREEMENT (Software & Services) delivered by hand, deposited with an overnight courier, sent by email or facsimile (provided delivery is confirmed), or U.S. Mail (registered or certified only), return receipt requested, in each case tot the address set forth on the initial page hereof or at such other addresses as shall be designated in writing by either party to the other in accordance with this Section. Such notice will be deemed to be given when received. 21. Assignment. Licensee shall not assign this Agreement or any right or interest under this Agreement, nor delegate any work or obligation to be performed under this Agreement, without DCS's prior written consent. Any attempted assignment or delegation in contravention of this Section shall be 22. Continuing Obligations. The following obligations shall survive the expiration or termination hereof: (i) any and all warranty disclaimers, limitations ofl liability and indemnities granted by either party herein, (ii) any covenant granted herein for the purpose of determining ownership of, or protecting, the Proprietary Rights, including without limitation, the confidential information of either party, or any remedy for breach thereof, and (i) the payment oft taxes, duties, or any money to DCS hereunder. 23. Independent Contractors. The relationship of the parties is that of independent contractor, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or agency relationship between the parties. Licensee shall have no authority to enter into agreements of any kind on behalf of DCS and shall not have the power or authority to bind or obligate DCS in any manner to any 24. Force Majeure. Neither DCS nor Licensee shall be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts ofGod, acts of civil or military authority, fires, riots, wars, embargoes, 25. Export Laws. For all or any portion oft the Licensed Software exported, re-exported, transported ort transmitted outside the United States by any means, including without limitation, by physical delivery, email, electronic transmission, or download from a web site, Licensee shall comply fully with all relevant export laws and regulations of the United States to assure that neither the Licensed Software nor any direct product thereof, is exported directly or indirectly whether pursuant to a permitted transfer, or otherwise pursuant to the terms oft this Agreement, in violation of the United States law. Upon request, DCS shall provide relevant information regarding DCS's compliance with such laws and regulations. 26. Miscellaneous. This Agreement shall be construed under the laws of the State of Alabama, without regard to its principles of conflicts of law. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, understandings, and agreements. This Agreement may be modified only bya written agreement signed by the parties. The failure ofe either party to enforce at any time any oft the provisions hereof shall not bea waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any void and ineffective. third party. orc communications failures. provision hereof. Exhibit 6 DIVERSIFIED COMPUTER SERVICES, L.L.C. LICENSE AGREEMENT (Software & Services) IN WITNESS WHEREOF, the parties have caused this Agreement tol be duly executed below. Diversified Computer Services, L.L.C. By: DphF 07leyd Date: 6/18/2023 Title: Managing Member Dale County Engineer'sOffice Date: 09-1233 - By: MattMurphy- EhE 3ele Mesus Title: CeumtyEngmeer- Chhady Exhibit 6 DIVERSIFIED COMPUTER SERVICES, L.L.C. LICENSE. AGREEMENT (Software & Services) EXHIBITA PRODUCT. AND PRICE LIST I. Description ofl Licensed Software. County Information Management System (CIMS) 2. Primary User/Copies. User Copies Unlimited Copies Dale County Engineer's Office *includes CIMS Mobile. App (5 users) 3. Expansion User(s/Copies. 4. Standard Modules. User None Basic Application Inspections Projects Other Reports Admin Utilities Activities Bridges Departments Roads Equipment Accidents Herbicides Problems Materials Budget Documents Inventory Purchases Help Signs Time Employees Vendors Expenses Job Cost Fuel Garage Monthly Fee $100 $250 Management Subdivisions Mapping Permits Selected No Yes 5. Expansion Modules. Module GIS Solid Waste 6. License and Technical Support Fees for Subscription License. License and technical support fees are billed on a monthly basis and are payable within thirty (30) days of invoice date. The license fees schedule is as follows: Description Monthly Fee $700 $0 $0 $250 $950 Primary User - Standard Modules Expansion User - Standard Modules Expansion Modules- - GIS Expansion Modules-Solid Waste Total Monthly Fee The license fees are exclusive of all taxes based on or in any way measured by the Agreement, the Licensed Software, or any portion thereof, or any services related thereto, excluding taxes based on DCS's net income, but including personal property taxes. Licensee shall pay all such taxes either as levied by taxing authorities or as invoiced by DCS. IfLicensee challenges the applicability of any such tax, Licensee shall nevertheless pay such tax and may thereafter challenge such tax and seek a 7. Authorized Computers. Licensee shall be entitled to copy, distribute, install, and use the Licensed Software only on a single computer for each number of Authorized Copies provided herein and/or transmit the Licensed Software over an internal computer network, provided that Licensee acquires refund thereof. Exhibit 6 DIVERSIFIED COMPUTER SERVICES, L.L.C. LICENSE. AGREEMENT (Software & Services) and dedicates an Authorized Copy oft the Licensed Software for each computer on which thel Licensed Software is used or to whichi iti is transmitted over thei internal network. Notwithstanding anything to the contrary contained herein, use of the Licensed Software as provided above is authorized only to the extent of Authorized Copies under licenses which have been fully paid hereunder. In no event shall the Licensed Software be copied, distributed, installed, or used on computers not under the control ofLicensee. Exhibit 6 DIVERSIFIED COMPUTER SERVICES, L.L.C. LICENSE. AGREEMENT (Software & Services) EXHIBITB TECHNICAL SUPPORTTERMS These Technical Support Terms are intended to be part of the attached Software License Agreement made and entered into by and between DCS and Licensee. These Technical Support Terms may be discontinued or terminated independent oft the Software License Agreement, as provided below. 1. Support Hours for Telephone and Email. DCS shall assign DCS Support Contact(s) to DCS's telephone and email "help desk" at least from 9:00 a.m. to 4:00 p.m., Central time, Monday through 2. Critical Problems. For Critical Problems with Licensed Software reported by telephone, if Licensee isu unable to contact a DCS Support Contact with Licensee's initial call, al DCS Support Contact will use commercially reasonable efforts to return the call within four (4) hours ifLicensee's call is made within the Support Hours, or within four (4) hours after the start of the next Support Hours if Licensee's call is made outside Support Hours. DCS shall use commercially reasonable efforts to promptly fix on a priority basis any Critical Problem. For purposes hereof, the term "Critical Problem" shall mean a Licensed Software error (i) which renders the Licensed Software inoperative or causes the Licensed Software to substantially fail, or (ii) which substantially degrades the performance of the Licensed Software or materially restricts use of the Licensed Software. Licensee acknowledges that the Licensed Software is complex and may not be error free and that all errors, if 3., Routine Support. For Routine Support requests reported by email or by telephone, a DCS Support Contact shall use commercially reasonable efforts to respond by email or by telephone within twenty- four (24) hours ifLicensee's call is made within the Support Hours, or within twenty-four (24)! hours after the start of the next Support Hours if Licensee's call is made outside the Support Hours. DCS shall use commercially reasonable efforts to respond to questions or to fix Routine Support issues. For purposes hereof, the term "Routine Support" shall mean () a question regarding the use or operation of the Licensed Software, or (ii) an error which causes only a minor impact on the use of the Licensed Software. Licensee acknowledges that the Licensed Software is complex and may not 4. Exclusions. DCS will not be responsible for failure to correct aj problem or to the extent that DCSi is unable to replicate the problem, or if the problem is caused by (i), misuse oft the Licensed Software, (ii) failure. by Licensee to utilize compatible computer and networking hardware and software, (ii) interaction with software or firmware not provided by DCS, (iv) any change in applicable operating system software, (v) the failure of Licensee to install Updates to the Licensed Software provided by DCS, or (vi) a problem not caused by the Licensed Software. In any such event, DCS will advise Licensee and, upon request, will provide such assistance as Licensee may reasonably request with 5. Support Contacts. DCS shall maintain a sufficient number of technical support personnel to ensure prompt responses to Licensee during Support Hours, and Licensee shall designate one of its employees as its principal technical contact for technical support issues under these Technical Support Terms (each being a Support Contact). Licensee may change its technical contact upon Friday,e excluding national holidays (the "Support Hours"). any, may not be correctable or avoidable. be error free and that all errors, ifany, may not be correctable or avoidable. respect to such problem at DCS's standard hourly rate ($95) for support. giving written notice to DCS of the name of the new Support Contact. Exhibit 6 DIVERSIFIED COMPUTER SERVICES, L.L.C. LICENSE AGREEMENT (Software & Services) 6. Cooperation. Licensee acknowledges () that certain services to be provided by DCS regarding Critical Problems and Routine Support may be dependent on Licensee providing certain data, information, assistance, or access to Licensee's systems, (collectively, "Cooperation"), and (ii) that such Cooperation may be essential to the performance of such services by DCS. The parties agree that any delay or failure by DCS to provide services hereunder which is caused by Licensee's failure to provide timely Cooperation reasonably requested by DCS shall not be deemed to be a breach of 7. Upgrades and Updates: Version Limitations on Support. DCS may release Updates and/or Upgrades for the Licensed Software. During the term of this Agreement, (i) Updates will be provided to Licensee at no additional charge, and (ii) Upgrades shall be made available at DCS's published price and terms. For purposes hereof, the term "Update" shall mean revisions or additions to the Licensed Software which are intended to correct errors, improve efficiency, or to incorporate additional or alternative functionality (asi indicated by a number to the right of the decimal, e.g. 2.1). Licensee will use reasonable efforts to implement any Update as soon as practicable after receipt. DCS agrees that no Update or Upgrade will adversely affect form, fit, function, reliability, safety or serviceability of the Licensed Software. Following the release of any Update, DCS will continue to provide technical support services under these Technical Support Terms for the then current and immediately preceding Update release. DCS shall not be obligated to provide technical support services under these Technical Support Terms for Updates that are not the then current or immediately preceding Update 8. Term of Support. Licensee will be entitled to receive technical support services under these Technical Support Terms at no additional charge during the term of this Agreement, and such services shall cease upon the expiration or termination of such subscription license. 9. Termination. Notwithstanding anything to the contrary contained herein, in the event this Agreement ist terminated for any reason, these Technical Support Terms shall also terminate at the same time 10. Installation. This Agreement does not include installation of the Licensed Software, Updates, or Upgrades. Upon request by Licensee, DCS shall assist Licensee with respect to such installation at DCS'sperformance. obligations under this Agreement. release. without further notice. DCS'ss standard hourly rate ($95) for support. Exhibit 6 DIVERSIFIED COMPUTER SERVICES, L.L.C. LICENSE. AGREEMENT (Software & Services) EXHIBITC CUSTOMIZATION ANDI IMPIEMENTATONTERMS These Customization and Implementation Terms are intended to be part oft the attached Software License Agreement made and entered into by and between DCS and Licensee. Customization and Implementation Terms may be discontinued or terminated independent of the Software License Definitions. Capitalized terms used in this Exhibit and not otherwise defined shall have the same meaning as set forth in the body of the Agreement. As used herein, the following words shall have the Customization and Implementation Services. DCS shall be under no obligation to customize DCS Product(s) or to provide services for the implementation of the Licensed Software; however, DCS may agree to customize DCS Product(s) and/or to provide implementation services in accordance with a written Work Order mutually agreed upon and executed by the parties. The following administrative control procedures shall control any such Work Orders for customizations or implementation services, or change orders for any such services previously agreed upon: (i) Licensee shall submit a written request to DCS in detail sufficient to evaluate. the scope of such requested work; and (ii) DCS shall promptly evaluate same and send a written summary of such evaluation and acceptance or non-acceptance. to Licensee. Licensee may respond with additional requests, and this process shall be followed continuously until either party declines to continue, or upon the execution of a mutually agreeable Work Order. DCS shall be the sole and exclusive owner of all Proprietary Rights embodied in any customizations made to the DCS Product(s). Licensee hereby transfers and assigns to DCS any rights Licensee may have in any Agreement, as provided below. meanings set out below. 1. 2. such customizations. 3. Fees for T&M Services. Except to the extent agreed otherwise in a' Work Order executed by both parties, DCS shall provide customization and implementation services on a time and materials ("T&M") basis; that is, () Licensee shall pay DCS for all the time spent performing such services, plus materials, taxes, and reimbursable expenses; and (i) the rates for such services shall be DCS's then current standard rate ($95) when such services are provided. Any monetary limit stated in a Work Order for T&M services shall be an estimate only for Licensee's budgeting and DCS's resource scheduling purposes. If the limit is exceeded, DCS will cooperate with Licensee to provide continuing services on a T&M basis. DCS shall invoice Licensee monthly for T&M services, unless otherwise expressly specified in the applicable Work Order. Charges shall be payable thirty (30) days from receipt ofinvoice. 4. Services Warranty. DCS warrants that any services performed under this Exhibit will be performed in a good and workmanlike manner and consistent with generally accepted industry standards. Other than as stated herein, DCS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES UNDER THIS EXHIBIT. Exhibit 6 DIVERSIFIED COMPUTER SERVICES,L.L.C. LICENSE. AGREEMENT (Software & Services) EXHIBIT: D BUSINESS SERVICES TERMS These Business Services Terms are intended to be part of the attached License Agreement made and entered into by and between DCS and Licensee. Business Services Terms may be discontinued or Beginning October 1*, 2021, the standard CIMS Monthly Subscription will include the CIMS Mobile Application for 5 users as a standard feature. Licensees can elect to add additional users for the CIMS Mobile Application for an additional monthly fee by completing the next section. terminated independent of the License Agreement. 1. CIMS Mobile Application. Licensee does or does not elect to subscribe to additional CIMS Mobile Application users for the period covered by this license agreement. Licensee elects to participate in the following additional subscription level to be included on each the annual CIMS invoice (please select one): Select #of Users 1-5 6-10 11-25 26-50 50-100 Monthly Fee Included $25 $50 $75 $100 Licensee shall complete the included form with information regarding each user. SKPS 09-1-23 (Date) Exhibit7 MULLER Communications M EQUIPMENT MAINTENANCE & SUPPLIES AGREEMENT Sales Representative:P.J. Muller II CUSTOMER INFORMATION Company: Address: City: Phone: Contact(s): Email: Email invoicing? Print Tracker Installed Start Date of Contract: EQUIPMENT LOCATION Address: 1725 Co Rd30 Ozark City: Phone: (334)774-8830 Fax: on site contact:, on site email: Dale County Road and Bridge State: AL Zip: 36360 State: Zip: Fax: Billing Email (ifr not same as above): PTC Computer: EQUIPMENT COVERED UNDER THIS AGREEMENT: SEE SCHEDULE, A' MAKE: Canon MODEL: 4545i STARTING METERS: Black & White: 155160 S/N:2QD01670 Color: ID#: TBD CONTRACT PRICING: BLACK & WHITE BASE PRICE:$30.00 OVG RATE:S COLOR BASE PRICE: $ OVGI RATE:S TOTAL BASE AMOUNT:S3 30.00 #OFC COPIES INCLUDED: 3,000 BILLED PER: MZ QJAL BILLED PER: ML Q AL PER: MQJAL .01 # OF COPIES INCLUDED: PER: MJAD THIS CONTRACT INCLUDES ALLI PARTS, LABOR, DRUM(S), AND: SUPPLIES (TONER & INK CARTRIDGES). THIS MAINTENANCE AGREEMENT WILL AUTOMATICALLY RENEW FOR ONE (1)' YEAR UNLESS CANCELLATIONI IS [DOES NOT INCLUDE PAPER, STAPLES, OR SUPPLYSHIPPING CHARGES.] RECEIVED IN WRITING ATI LEAST: 301 DAYS PRIOR TO THE END OF THE CONTRACT. LSptI,2023 DATE shE CUSTOMERSIGNATURE MULLER COMMUNICATIONS INC. 1 3030 REEVESSTREETI DOTHAN, -. Exhibit 7 AGREEMENT SCOPE OF COVERAGE This agreement covers both! labor andr material fora adjustments, repairs andi replacement ofp parts asr necessitated byr normal use of equipment. Normal key operator responsibilities arer not coveredb byt this agreement. Damage tot the equipmenta and ori its parts arisingf from misuse, abuse, negligence or cause beyond Muller equipmenti is Communications, Inc. (MCI) control (including acts of God orr natural disasters)isn not covered. MCI mayt terminate this agreementi int the eventt that thee modified, damaged, altered orifparts, accessories or components nota authorized! by MCI, aref fittedt to the equipment. 1. SERVICE CALLS 5:00pm 2. 7. BREACH ORI DEFAULT Servicec calls undert thisa agreement willl be performed from 8:00amt to Monday-Friday excluding Holidays, att thee equipment address shown ont ther reverses side oft this agreement. METER READINGS Sn INITIAL Customer acknowledges the equipmenti includes as separate meter for eachi imaget type. Customer agreest to provide by telephone, fax, or email the actualn meter readings when requested by Muller and understands that ifr meters arer nott turned in, they willl bee estimated based onp pastr meters. Multiple failures tor report meters may result ina Chargesf for maintenance undert this agreement shall bet thea amount set forth ont ther reverses side hereof. The chargev with respect toa any renewalt term willl bet the chargei ine effect att thet time ofr renewal. After thef first year ont thea annualir renewal oft thec contract price mayi increase upt to1 15%. Customer agreest top pay thet total ofa all chargesf for maintenance duringt the term anda anyr renewal term within 150 days of MCI's invoice datef for such charges. Customer understands that alterations, attachments, specification changes ord cost of parts, supplies ors services may require ani increasei inr maintenance charges and agreest top pays such charges promptly when due. 4. EXTENT OFL LABOR SERVICES, REPAIR, ANDI REPLACEMENT Labor PARTS. performed duringa as servicec call, cleaning, adjustments, anda all Ifthe customer does notp paya allo chargesf forr maintenance orp parts as provided hereunder, promptly when due: (1) MCIr may (a)r refuset to servicet the equipment or (b)f furnishs service ona ac.O.C. "per call" basis atp published rates and (2) the customer agreest top pay! MCI's cost and expense ofc collecting includingt ther maximum attorney'sf fees permitted Ifthee by law. equipment is movedt toar news servicez zone, MCIS shall have the assessed ona a pro-rated basis. lfequipmenti is beyond service zone, customer agreest top paya af faira andr reasonable upo charge for continueds service undert this agreement, takingi into account the distance toc customer's new locationa andi MCI's publishedi rates for service ona" "perc call" basis. Ifcustomer uses other than! MCI's supplies, determined to bec defective orr nota acceptable by MCI its option, excessive service calls or servicep problems, then! MCI may ati terminate this agreement. Int thate event, customer may nota bec condition offered of service ona a "per call" basis atp publishedr rates. Itis this agreement, however, that the customer uses only MCI supplied warranties, express ori implied, including anyi implied warranties of merchantabilty,: fitness for use, orf fitness fora a particular purpose, MCI shallr not ber responsible for direct, indirect, ord consequential damages, including but notl limited too damages arising outo oft the use or performance oft thee equipment ort thel loss oft the equipment. Service undert this agreement does noti include thef following. charges may apply ands shalll bei individually billed tot the customer. Network connectivity issues and/or repairst that are network, computer and/ore end useri induced. Repairs resulting fromt theu use ofl labels, transparencies or mediat thati is outsidet ther manufacturers: specifications. Repairs required due tor malfeasance, intentional misconduct: and/org gross negligence by customer. Repairs toc correct damage due top poor environmental Customer agreest to provide the power recommended! byt the equipment manufacturer. Service orp parts required asa resulto ofir improper power, telephone lines or computer cabling mayr not bec covered under this agreement. This agreement: shall beg governed by and construed according tot laws oft the State of Alabama andi is applicablet toa agreements wholly negotiation, executeda andp performed int the State.! Ito constitutest the entire agreement between thep partied and may not ber modifiede except inwriting, signed! by dulya authorized office ofN MCI. MCI will not disclosei its customer lists to third parties unless the company is soldi in whole orp part, orrequiredt to dos sob byo an orderofa court having venue and appropriate jurisdictionl hereof. shhhy to option charge, maintenance published and the customera agreest top pay, the differencei in between current zone andr newz zone; moved MCI's and suchs are supplies and/or cause chargest late fee. 3. CHARGES 5/ INITIAL materials. WARRANTY 8. NO Other than the obligations setf forthl MCI disclaims all herein, tot the normal operation oft thep printer/MFP/Copier will parts necessary be furnished free ofa additional charges. 5. NETWORK CONNECTED! EQUIPMENT Network connected equipment will bec covered tot thel level of the network connection of the printer/MEP/Copier. Allo other work needed tor maintain connection! between thep printer/MFP/Copier: and an external computer orr network is noto covered and can be offered ona This agreement will become effective upon receipta anda acceptancet by MCI oft the payment inf fulla asi indicted ont the reverse sidel hereof and shall continue for onef full calendar year (or the maximum number of copiess shown ont ther reverse side, whichever occurs first.)lts shall be automatically renewed fors successive similar periodss subjectt tor receipt pay MCI ofr maintenance charge ine effecta at thet time oft ther renewal, provided the customer is noti inc default. INa addition toa any other rights undert this agreement, either party may terminate this agreement by givingy writtenr notice atl least 30d days priort tot the anniversary date of Int the event thatt this agreement is terminated! byt the customer without atl least 30. day writtenr notice prior to the agreementa anniversary date, the customera agreest top payl MCIt thef followinga amounts asr reasonable liquidation (andr nota asa ap penalty)f for breachh hereof, plusa attorney's fees iflitigation damages should! become necessary. 9. SERVICES NOT INCLUDED Additional per call basis. 6. TERMS conditions. MISCELLANEOUS the thisa agreement. PLAN ANNUAL MONTHS SINCE INITIATION Anyt time thereafter TERMINATION CHARGE 6timest the monthly base Anyt time during contract Nor refund ofu unusedp portion MONTHLY During thef firste 61 months; 3t times ther monthly base CUSTOMERSIGNATURE MULLER COMMUNICATIONS INC. 13 3030F REEVES STREET DOTHAN, ALABAMAI I(334)7 792-6578 OFFICE! (334)792-9674FAX Exhibit 8 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") and is charged with ensuring that such funds are expended ina accordance with state andi federal law; and WHEREAS, under the Final Rule published by the United States Department of Treasury dated January 6, 2022, the County has elected to designate a standard allowance of up to $10,000,000 ofi its ARPA funds, not to exceed the County's total ARPA funds award, as revenue replacement ("Revenue Replacement funds"); and WHEREAS, Revenue Replacement funds may be used for the purpose ofp providing government WHEREAS, consistent with thei 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 byl 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 to facilitate government services; and healthcare authority to attain its statutory objectives; and WHEREAS, the existing employee parking lot for the Dale County Healthcare Authority is in need WHEREAS, the County has made a determination that paving the parking lot on behalf of the Dale County Healthcare Authority is a necessary, reasonable, and proportionate measure to facilitate the of maintenance; provision of these government 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 IT RESOLVED BY THE COMMISSION as follows: 1) The County shall use upi to $80,250.00 of ARPA funds, which are hereby designated as a. $16,000.00 to reimburse Fund 111 for costs associated with using County forces and b. Up to $38,250.00 to Wiregrass Construction Co., Inc. for the purchase of asphalt plant mix; C. Up to $22,500.00 to Keith Hardy Asphalt Paving tol lay the materials; and d. Upt to $3,500.00 to Phillips Striping Company to stripe the parking lot. Revenue Replacement funds, to facilitate the provision of the government services described herein. Specifically, the County allocates these funds as follows: equipment to complete this project; and and 2) The County Administrator is hereby authorized to expend these funds as described herein from the designated vendors in support of this Project. Exhibit 8 3) The ARPA Program Director is charged with ensuring that Revenue Replacement funds allocated ande expended to provide these government services will not be used ins such a way ast to frustrate COVID-19 mitigation guidance issued by the Centers for Disease Control, orf for any other use prohibited by the Final Rule or any applicable state or federal law. 4) Expenditure of these funds, as authorized by this Resolution, shall be contingent on the continued appropriation and availability of ARPA Revenue Replacement funds for this purpose andi in no event shall be used for any expenses not obligated by December 31, 2024, and expended by December 31,2026. IN WITNESS WHEREOF, the Dale County Commission has caused this Resolution to be executed ini its name and on its behalf byi its Chairman on the 12th day of September,2023. Ske 7A5 Chairman, Dale County Commission Exhibit 8 Exhibit9 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 Acti fiscal recovery funds ("ARPA funds") and is charged with ensuring thats such funds are expended in accordance with state and federal law; and WHEREAS, under thel 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 ofit 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 thatt there is al need to purchase and install ai fuel system WHEREAS, the County has determined that the procurement and installation oft the fuel system from the following vendors is a necessary, reasonable, and proportionate measure to facilitate the provision tos support its Engineering Department toi facilitate governmental services fori its citizens; and oft these government services: Two (2) 10,000 gallon F921 horizontal storage tanks from Alabama Tank, Inc., for $69,300.00, and WHEREAS, the County has identified the vendors from which to purchase andi install the fuel system in a manner consistent with federal and state laws and guidelines, as applicable to Revenue Installation services from Turner's Pump Shop, LLC for 27,369.35; ;and Replacement funds pursuant to guidance from Treasury. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION as follows: 1) 2) 3) The County shall use up to $96,669.35 of ARPA funds, which are hereby designated as The County Administrator is hereby authorized to expend these funds to purchase the van The ARPA Program Director is charged with ensuring that Revenue Replacement funds Revenue Replacement funds, to facilitate the provision of the government services described herein. as described herein from the designated vendor to facilitate the provision of these services. allocated and expended toy provide these government services will not be usedi 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. 4) Expenditure of these funds, as authorized by this Resolution, shall be contingent ont the continued appropriation and availability of ARPA Revenue Replacement funds for this purpose andi inr no event shall be used for any expenses not obligated by December 31, 2024, and expended by December 31, 2026. Exhibits 9 INI WITNESS WHEREOF, the Dale County Commission has caused this Resolution tol be executed ini its name and oni its behalf byi its Chairman on the 12th day of September 2023. SRiw a5 Chairman, Dale County Commission Exhibit9 Jenmesses Alabama Tank,Inc, P.O. Box 760-85Three Mile Road Atmore, Alabama 36504 Phone (251)577-6415 Fax (251)577-6558 Toll Free 1-800-522-8265 Email ltank@tromtierneinet * ATMORE Slorida 9-1-2023 Attn. Matt Murphy - County. Engineer Company: Dale County Alabama Reference: (2) 10000 gallon F921 horizontal storage tanks quotation Price does not include applicable taxes, freight charges, installation, unloading at jobsite, or any equipment not listed below. Due to steel market price fluctuations the quoted price is valid for 30 days. After 30 days, the price may be subject to steel surcharges dependent upon published steel market pricing at the time of fabrication. 10000 gallon F921 double wall horizontal storage tank with (2) welded steel support cradles Constructed, labeled, and leak tested to UL-142 & STII F921 specifications Material: 14" A-36 carbon steel primary, 10 gauge carbon steel secondary Approximate dimensions: 8' diameter x 27' long primary Openings: 1-24" manway, 2-8" 2440F flanged emergency vents installed, 1-2" interstitial monitor port, 2-2" 3" carbon steel sch 40 flanged fill piping with 3"1 ball shut off valve installed @ one end ofthe tank Customer to provide top mounted FillRite pump or similar, Alabama Tank toj provide 1" carbon steel sch 40 fnpt, 1-3" fnpt, I-4" fnpt from piping pump one end oft thet tank tot the midpoint ofthet tank @ one end, Alabama Tank Inc to provide simple off/on switch on Exterior coating: PPGDurethane white polyurethane Freight charges to Ozark AL: $700.00each x2 Price: $33,950,00each Tob Ait-3y493 X2 Kevin Woods mMk Exhibit9 QUOTATION Date 5/4/2023 Pump Shop PEL 1907 Miskell Drive, Dothan, AE3 36303 OFFICE- 334-6-1-50" FAN 334-6-1-553 Estimate # 1252 don Name Address Ozark) Road andl Bridge Department 1725 County Road 30 Ozark, AL36360 Ship To Terms Net10 Rate 18,049.35 9,320.00 Project Total 18,049.35 9,320.00 Qty Item Description FUELMASTER FUEL MASTER FMU4710-FS Installation Price Installation Price Fuel Master includes the following: FMU4710-FS AÇN Motor Control 1001 Black Prokees Prokee encoder FMI Live Services Shipping Installation Price includes the following: Labor and materials toi installt newl Fuel Master Unit Labor and material to install: 3 electronic meters with pulse outputs on pumps. Labor and material toi install 1 pulser on pump with mechanical meter. Labor andr material for electrical tol Fuel Master, pumps and pulsers.* *This price is using existing conduits and circuits at the tank field. Does not include any applicable sales tax. ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Our terms are net 10 days. Payment will ber made as outlined above. (Should the undersigned failt to pay this indebtness, or any part thereof when due, the undersigned agrees to pay all costs ofc collecting, including a reasonable attorneys fee plusi interest at I 1/2 %p per month (18% per annum) from due date). Quoted prices are good for 30 days. Subtotal Sales Tax Total $27,369.35 $0.00 $27,369.35 (9.0%) Accepted By: Signature Title Date