CORA A Dale County Commission Commission Meeting Minutes - November 14, 2023 The Dale County Commission convened in a regular session Tuesday, November 14, 2023. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham; District Three Commissioner Adam Enfinger; and District Four Commissioner Frankie Wilson. Chairman McKinnon called the meeting to order at 10:00am. Commissioner Carroll opened with prayer. Commissioner Wilson followed with the Pledge of Allegiance. APPROVED AGENDA, MINUTES & MEMORANDUM OF WARRANTS Commissioner Enfinger made a motion to approve the memorandum of warrants and minutes: Memorandum of Warrants: Accounts Payable Check Numbers 97575-9 97768. Payroll Check Numbers: 154940 - 154940. Direct Deposit Check Numbers: 426685-426830. Minutes: Commission Meeting of October 24, 2023. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - PERSONNEL Commissioner Enfinger made a motion to approve the following: 1. Christy McDaniel- - Soil & Water - Admin Coordinator = New Hire. 2. Carson Wayne Minton - Sheriff - Deputy to Sergeant - Promotion. 3. Lexie Ryles = Sheriff - Investigator to Certified Deputy - Transfer. Commissioner Wilson seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes - November 14, 2023 Page2of3 APPROVED - TRAVEL Commissioner Enfinger made a motion to approve the following: 1. Nathan Ivey - Reappraisal 1 11/13-17/23 - Appraisal Class. 2. Three Tag Clerks - Revenue - 12/06-07/23 - Licensing Officials Conference. 3. Willie Worsham - EMA-1 11/29-30/23 - ACCA Legislative Conference. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - DALE COUNTY FARM-CITY SPONSORSHIP Commissioner Carroll made a motion to approve a $500.00 sponsorship for the Farm-City Commissioner Grantham seconded the motion, all voted aye. Motion carried. Program. APPROVED - FOOD PANTY SPONSORSHIP Commissioner Wilson made a motion to approve a $1,000.00 sponsorship to the Ozark Baptist Church's food pantry, Mrs. Maxine's Pantry, for the feeding expenses of the homebound, impoverished, or homeless a meal on Thanksgiving Day, 2023. Commissioner Carroll seconded the motion, all voted aye. Motion carried. APPROVED - CANCELLATION OF COMMISSION MEETING Commissioner Grantham made a motion to approve the cancellation of the regularly scheduled meeting of the Commission on December 26, 2023. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - LETTER OF SUPPORT - MARY HILL FAMILY SERVICE CENTER Commissioner Grantham made a motion to approve a letter of support for the Mary Hill Family Service Center. See Exhibit 1. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED- - ARPA - IAC REVIEW Commissioner Wilson made a motion to approve the review of ARPA funds expenditure for Election equipment such as polling pads, printer, and routers. Commissioner Grantham seconded the motion, all voted aye. Motion carried. APPROVED - RIGHT-OF-WAY ADJUSTMENT Commissioner Carroll made a motion to approve a right-of-way adjustment for Dale Co Rd2 and Frank Lavender Rd. Commission authorized Chairman to sign deed. See Exhibit 2. Commissioner Wilson seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes - November 14, 2023 Page3of3 APPROVED - ADEM PROJECT AGREEMENT Commissioner Enfinger made a motion to approve an ADEM Drinking Water and Wastewater Project Agreement. See Exhibit 3. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - GENERATOR MAINTENANCE AGREEMENT Commissioner Grantham made a motion to approve a Standby Generator Maintenance Agreement. See Exhibit 4. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - AWARD SERVICE WEAPON & BADGE Commissioner Carroll made a motion to approve Sheriff Bynum awarding Sgt Joe Weaver his service weapon and badge. See Exhibit 5. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED = ARPA - SHERIFF OFFICE REMODEL Commissioner Wilson made a motion to award the bid to Elite Building Group, LLC, approve Resolution, and grant Chairman authority to sign contract. See Exhibit 6. 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, November 28, 2023, at 10:00am. ADJOURNMENT: CONFIRMATORY STATEMENT Commissioner Carroll made a motion to adjourn the meeting. Commissioner Grantham Iti is hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered seconded the motion. All voted aye. Motion carried. into the minutes of the Dale County Commission as its official actions. S m7 Steve McKinnon, Chairman Exhibit 1 Dale County Commiss1un DR 202 Hwy 123 South, Suite C, Ozark, AL 36360 Commission Chairman Steve McKinnon Commissioners Chris Carroll Donald O. Grantham District2 Adam Enfinger Frankie Wilson County Administrator Cheryl Ganey Matt Murphy IMISS District1 District4 District3 County Engineer November 14, 2023 Re: Mary Hill Family Service Center 204 Katherine Ave., Ozark, AL To Whom It May Concern: The Dale County Commission allows the Mary Hill Family Service Center to use 204 Katherine Ave., Ozark, AL rent free as a family resource center to provide resources for the Dale County Commission. This rental property is valued at $500.00 per month. Please let me ify you have any questions or need more information. Sincerely, Shh -- m4 Steve McKinnon Chairman, Dale County Commission DEED 354 781 Recorded In Above Book and Page 11/27/2023 01:18:55 PM Sharon A. Michalic Probate Judge Dale Countyy Alaboma Exhibit 2 STATE OF ALABAMA DALE COUNTY Warranty Deed Modifying Right-of-Way KNOW ALL MEN BY THESE PRESENTS, that for and in consideration ofthes sum of Ten Dollars ($10.00) and the other good and valuable consideration, to the undersigned grantors in hand paid to the grantee herein, the receipt whereof is hereby acknowledged, the DALE COUNTY COMMISSION (herein referred to as grantor), grant, bargain, sell and convey unto thel Benjamin E. Baker and wife, Tara D. Baker (hereinreferred to as grantees), in joint tenancy with right ofs survivorship, the following described real estate, situated in Dale County, Alabama, Aj parcel ofland inl Dale County, Alabama, and being more particularly described as follows: Commencing at the intersection of the West line of the NE1/4 of the SE1/4 of Section 29,T7N, R23E, and thel North sided ofFrankLavender Road (graded and 201 feet from centerline), and thence S84°39'32"E along said road 981.14 feet (no iron pipe set), thence along a curve to the right, having a radius of 650.00 feet, and a chord bearing and distance of S77°09'47"E 169.59 feet to a set 5/8" iron pipe (CAPHCA0086), thence along a curve to the right, having a radius of 650.00 feet, and a chord bearing and distance of S64°02'15"E 127.53 feet (noi iron pipe set), thence S58°24'28"E along said road 80.46: feet to aset 5/8" iron pipe, fence and thel POINT OF BEGINNING: thence $58°29'11"E along said road and fence 141.21 feet to an existing cross tie, thence S48°36'33"E along said road and fence 71.23 feet to an existing cross tie, thence S41°31'54"E along said road and fence 57.91 feet to an existing cross tie, thence S27°08'34"E along said road and fence 52.61 feet to an existing cross tie, thence S21°16'52"E along said road and fence 262.91 feet to a set 5/8" iron pipe on the Westerly side of Dale County Road No.2 (60' right of way), thence S05040'49"E along said road 148.74 feet to the South side of Frank Lavender road (no iron pipe set), thence N21°16'52"W along said road 374.77 feet (no iron pipe set), thence along a curve to the left, having a radius of 330.00 feet, and a chord bearing and distance of N39050'40"W 210.11 feet (no iron pipe set), thence N58024'28"W along said road 119.06 feet to a set 5/8" iron pipe, thence N39031'21"E 40.39 feet to the point of beginning. Said parcel being in the NE1/4 oft the SE1/4 of Section 29, T7N, R23E, and the NW1/4 ofthe SW1/4 of Section 28, T7N, R23E, being a part ofl Frank Lavender Road, and containing 0.60 to wit: acres more or less. This deed is modifying an existing right-of-way. NOTE: THE PREPARER OF THIS INSTRUMENT HAS SERVED AS A SCRIVENER ONLY. AND. HAS NOT EXAMINEDTITLE WITH! RESPECTTO THE PROPERTY DESCRIBED HEREIN AND DOES NOTI HEREBY GIVEAN TOHAVE. AND TOI HOLD unto said grantees, inj joint tenancy with right of OPINION WITH RESPECT' THERETO. survivorship, their heirs and assigns forever. And it does for itself and for its successors and assigns covenant with the grantees, their heirs and assigns, that it is lawfully seized in fee simple ofs said Premises; that it is free from all encumbrances, unless otherwise noted above; that it has a good right to sell and Convey the same Exhibit 2 as aforesaid; that it will and its successors and assigns shall warrant and defend the same to the said grantees, their heirs and assigns forever against the lawful claims of all persons. GIVENUNDER MY HAND AND SEAL this Hay of Aheber,202. DALE COUNTY COMMISSION BSLK Steve McKinnon NVEyA 53 ACOT Chairman, Dale County Commission STATE OF ALABAMA ) COUNTY OF DALE ) I, the undersigned authority, a Notary Public in and for said County, and in said State, hereby certify that STEVE MCKINNON, whose name is signed to the foregoing conveyance, and who is known to me, acknowledged before me on this day, being informed oft the.contents of the conveyance, he/she executed the same voluntarily on the day the same bears datè. Given under my hand and official seal this Hyor pa NOTARY PUBLIE My Commission Expirelduk Mripan Granlee Property Address. SEND PROPERIYTAKNOTICE: BEN: BAKER ARITON, AL 36311 Gravkor THIS INSTRUMENT PREPARED BY: MATTHEWT. SIMECHAK, ATTORNEY P.O. BOX 1161, OZARK, AL 36361 BULL & SIMECHAK, ATTORNEYS. ATLAW,LLC 278CORD 212 DALE CovwTY commission 202 S. Hwy 123, SUITE C Maltmuuply -Eng 36360 PtN OZARK,AL DEED 354 782 DEED 354 783 Exhibit 2 SURVEY DESCRIPTION FOR NEW RICHT OF WAY FOR FRANK LAVENDER ROAD PARCEL Aooicels Dole al lhe line ol Ihe SEV/4 Sectien 5 Norin ronk Rood (groded 20 trom hence 55#39527 ciong, soid henge alang a Ust 650.00 leel., ond disto 1350 S lron pipe (CAP/CA00B5), ond Ine PONTOF hence urve radius 214.0D leel, and distons eS St - eel iron N3PS 21 618 84 leel 5/8" iren AP Dole Rond Na y) hence olong a rve odius 510.00 leel. chord bearing Scid 302 73 pipe being. ogreed Ben hence Narth ide bearing bearing side ol Eell chord beoning SCALE 1-60" - BSEE EKISTING AS AGREED E aY THE PROPERTY ADJACENT LAND OWNERS BEN BAKER. DONALO EZELL DATED: SURVEY DESCRIPTON FORA PART or OLD RIGHT oF WAY or FRANK LAVENOCE ROAD PARCEL Section partievlery eesercede es lolles. NEI/ SEN/oI e (greded 20 feel feel (no che besning dista 7709471 59.59 leel CAPICADO gM. 65000 begning slongsoid'tegd von ppe, lence ond the cress :. EES BOR: long (no set). E- chord becring voyso'ad pipe 4039 set 5/8" lron ppr. Sertion T7N. R23E, 236 being 0.60 Rood, BOUNDARY ARCELS: UDAH AND ASSOGATES Deed Tax Recordins Fee TOTAL 0.50 19.00 19.50 0.00 900 #19:50 Exhibit 2 STATE OF ALABAMA DALE COUNTY Warranty Deed Establishing New Right-of-Way KNOW ALL: MEN BY THESE PRESENTS, that for and in consideration ofthe sum of Ten Dollars ($10.00) and the other good and valuable consideration, to the undersigned grantors inl hand paid to the grantee herein, the receipt whereofis hereby acknowledged, we, Benjamin! E. Baker and' Tara D. Baker (herein referred to as grantors), grant, bargain, sell and convey unto the DALE COUNTY COMMISSION (herein referred to as grantee), the following described real A] parcel ofland in Dale County, Alabama, and being more particularly described as follows: Commencing at the intersection of the West line of the NE1/4 of the SE1/4 of Section 29, T7N, R23E, and thel North side ofFrank Lavender Road (graded and 201 feet from centerline), and thence $84°39'32"E along said road 981.14 feet, thence along a curve to the right, having a radius of650.00 feet, and a chord bearing and distance of S77009'47"E: 169.59 feet to a set 5/8" iron pipe (CAPHCA0086), and the POINT OF BEGINNING: thence along a curve to the left, having a radius of 214.00 feet, and a chord bearing and distance of N74055'40"E 247.96 feet to a set 5/8" iron pipe, thence N39°31'21"E: 161.84 feet to a set 5/8" iron pipe on the Southwesterly side of Dale County Road No.2 (60' right of way), thence along a curve to the right, having a radius of 510.00 feet, and a chord bearing and distance of S38°20'26"E 61.37 feet to a set 5/8" iron pipe and fence, said fence being an agreed to property line between Ben Baker, and Donald L Ezell, thence S39°31'21"W along said fence 310.05 feet to a set 5/8" iron pipe on the North side of Frank Lavender Road, thence N58024'28"W along said road 80.46 feet (no iron pipe set), thence along a curve to the left, having a radius of 650.00 feet, and a chord bearing and distance ofN64002'15"W: 127.53 feet to the point of beginning. Said parcel being in the NE1/4 of the SE1/4 of Section 29, T7N, R23E, and the NW1/4 of the SW1/4 of Section 28, T7N, R23E, and containing 0.56 acres estate, situated in Dale County, Alabama, to wit: more or less. This deedi is establishing ai new right-of-way. NOTE: THE PREPARER OF THIS INSTRUMENT HAS SERVED AS A SCRIVENER ONLY AND HAS NOTI EXAMINED TITLE WITHI RESPECTTO THE PROPERTY DESCRIBED HEREIN. AND DOES NOTI HEREBY GIVE. AN TO HAVE AND TO HOLD unto said grantee, its heirs and assigns forever. And we do for ourselves and for our heirs, executors, and administrators covenant with the grantee, its heirs and assigns, that we are. lawfully seized in fee simple ofs said Premises; that iti is free from all encumbrances, unless otherwise noted above; that we have a good right to sell and Convey the same as aforesaid; that we will and our heirs, executors and administrators shall warrant and defend the same to the said grantee, its heirs and assigns forever against the lawful OPINION WITH RESPECT THERETO. claims of all persons. 2023. In Witness Whereof, wel have! hereunto set our hands and this GHhye of ylouinbu DEED 354 784 Recorded In Above Book and Page 11/27/2023 01:22:20. PM Sharon A- Michalic Probate Judge DnlaCountys Alabama 6 2 fny BENDAMEN E. BAKER, TARA D. BAKER Exhibit 2 DEED 354 785 * STATE OF ALABAMA ) COUNTY OF DALE ) I,t the undersigned authority, a Notary Public in and for said County, and in said State, hereby certify that BENJAMIN E.1 BAKER, whose name is signed to the foregoing conveyance, and who is known to: me, acknowledged before: me on this day that, being informed ofthe contents oft the conveyance, he/she executed the same voluntarily on the day the same bears date. Given under my hand and official seal this Gayd ofnouomb, 2023. w Joua, Btuickland ) NOTARY: PUBLIC My Commission Expir3/B/2024 STATEOFALABAMA ) COUNTYOFDALE I, the undersigned authority, a Notary Public in and for said County, and in said State, hereby certify that Tara D. Baker, whose name is signed to the foregoing conveyance, and who isl known to me, acknowledged before me on this day that, being informed oft the contents oft the conveyance, he/she executed the same voluntarily on the day the same bears date. Given under my hand and official seal this JGhye of 4ovml2023. as Es51, Douafttichland My Commission Expires 33/2024 NOTARY PUBLIC Alahess COUNT7 Commissiow 202 5.Hwy 123, SVITE C THISINSTRUMENT PREPARED BY: MATTHEW T. SIMECHAK, ATTORNEY BULL & SIMECHAK, ATTORNEYS. ATLAW,LLC P.O. BOX 1161, OZARK, AL 36361 GRAE 36360 OZARK, AL Bew BakeR 278 franler PaperlyHianss COUNTY ROAD 212 R+ mat Muxphy-Eny: 36311 ARITON,AL Exhibit 2 TOR beoring Deolng Soulheesterly adra eNecadbeoing - SCALE "-60 PARCEL Exist ING DONALD EZELL, ROPERTY LAVENDCR ROAD beonng DEED 354 786 Becording Fee TOTAL 3:88 Mc Exhibit 3 American Recovery Plan Act (ARPA) Drinking Water / Wastewater Project Agreement Recipient: Dale County Commission AL Buys/STAARS Vendor Number: VC000111494 Responsible Person: Address: Telephone: Contact Person: Address: Telephone: Steve Mckinnon, Chairman Dale County Commission 202 S. Hwy 123, Suita A Ozark, Alabama 36360 334-774-6025 Matthew Murphy, County Engineer Dale County Commission 202 S. Hwy 123, Suita A Ozark, Alabama 36360 334-774-6025 Reimbursements should be made payable to: Dale County Commission Attention: Matthew Murphy Reimbursements mailed to this address: 202 So HWY 123 Suite C Ozark Alabama 36360 Project Period: Amount Awarded: September 1, 2023 tol December 31,2026 $ 150,000.00 The Alabama Department of Environmental Management ("ADEM") will administer the grant programs to support water and sewer infrastructure projects as outlined in Alabama Acts 2022-1 and/or 2023-1 and as described in this Agreement (the "Agreement"). The Project is described in more detail in Attachment A which is incorporated into this Agreement by reference. The parties acknowledge and agree that the Project Funds may bet used in conjunction with other federal or state funding sources; ifsuch is allowed by the Final Rule (Final Rule published in the. January 27,2022, Federal Register, at 871 Fed. Reg. 4338) and any other governing law or rules applicable to the use of Funds. ADEM will be the administrative agency responsible for the implementation and for the distribution of said Funds to be distributed to and for the benefit of all. Alabama qualifying public water and sewer systems for the purpose of improving access to drinking water and sewer 3 Exhibit 3 infrastructure projects and the economic impact thereof. The Funds must be used in accordance with the American Recovery Plan Act (hereinafter defined), the Final Rule, Alabama Acts 2022-1 and/or 2023-1, any other governing laws, rules or regulations and all applicable policies and procedures for the purposes described in this Agreement. The Project Funds must be obligated by December 31, 2024 and expended by December 31, 2026. The Recipient shall certify in writing to ADEM the total of all Project Funds obligated for Allowable Costs (hereinafter defined) for qualifying projects as ofDecember 31,2024, and the amount of] Project Funds that have not been SO obligated and, further, the Recipient shall immediately return any such unobligated amount to ADEM. Any Project Funds not spent after December 31, 2026, shall, without notice or action by ADEM, be deemed withdrawn from the grant made under this Agreement and shalll bei returned by the Recipient to the U.S Department ofTreasury or as otherwise required by Federal Law. The Recipient needs to be aware that if this Project is not projected to meet the statutory deadlines, the unused funds will be redirected to critical need projects that meet the deadlines. By June 1, 2024, this Project should have completed the bid process and/or have a construction completion schedule meeting the statutory requirements. By June 1, 2026, this Project should demonstrate the ability to complete construction within the A maximum of $ 150,000.00 inclusive of all costs will be granted for this Project to the Dale County Commission (hereinafter referred to as the Recipient) by ADEM (hereinafter referred to as ADEM). Reimbursement of expenditures will be limited to and in accordance with the project budget submitted by the Recipient and may be found as statutory requirements. Attachment B oft this Agreement. DEFINITIONS: For the purpose oft this agreement; "ADEM" means Alabama Department of Environmental Management, an agency of the State of Alabama created pursuant to Chapter 22A ofthe' Title 22 ofthe Code ofAlabama, "Allowable Costs" means such costs that are eligiblet tol bep paid with proceeds ofthis Grant, "American Rescue Plan Act of 2021" (ARPA) Public Law No. 117-2, 135 Stat. 4. Disbursement" means any payment out of] Project Funds to or on behalfofthel Recipient. "Grant" is this signed agreement between the Alabama Department of Environmental "Grant Amount" means the sum of one hundred fifty thousand dollars (150,000.00). 1975. and such costs are defined in the. ADEM regulations. Management and the Dale County Commission. 4 Exhibit 3 "Grant Application" means, collectively, the application and supporting documents submitted by the Dale County Commission to ADEM on June 23, 2023. "Project" means the Dale County Commission ARPA Stormwater Project as described "Project Fund" means the fund established by ADEM into which the Grant Amount will be deposited and from which the. ADEM will make Disbursements to or on behalf oft the "Project Funds" means the amount deposited into the Project Fund for Disbursement to "Recipient" means the Dale County Commission, a domestic non-profit-corporation below and more fully described in Attachment A hereto. Recipient. or on behalfofthe Recipient. under the laws oft the State of Alabama. GENERAL REQUIREMENIS The Recipient is responsible for completion oft the activities in the Grant Application that was submitted by the Recipient, except as modified and superseded by this Agreement. The Dale County Commission proposes to replace the stormwater crossdrain and/or GENERAL PROJECT SUMMARY culvert. BUDGET AND EXPENDITURES The approved Project budget and maximum reimbursable expenditures is further detailed in Attachment B ofthis Agreement. Any exceptions must be attached to this Agreement as an amendment which has been signed by ADEM and Recipient. The approved budget is further categorized as follows: Itemized Budget Item Total price $150,000.00 $52,500.00 $202,500.00 ARPA Stormwater Amount Minimum Match Required TOTAL 5 Exhibit 3 REIMBURSEMENT To receive reimbursement, the Recipient shall submit records, to include bid documents, receipts and invoices, to ADEM. All reimbursement requests shall be signed by the responsible official as indicated on page 1 unless otherwise specified herein. Reimbursement for any purchases or agreement to purchase made prior to the effective date oft this Agreement without prior written approval may be determined tol be ineligible for reimbursement in the sole discretion of ADEM. All requests for reimbursement must be made within forty-five (45) days from the end oft the term oft this Agreement. ADEM, at its sole discretion, may request additional justification or documentation relating to any request for reimbursement or other payment of] Funds to the Recipient. REVENUE DISBURSEMENT ADEM shall make disbursements or authorize disbursements to be made to or on behalf oft the Recipient only against incurred Allowable Costs (hereinafter defined) for the Project to the extent of the amount granted under this Agreement. The Recipient understands, acknowledges and agrees that in certain instances funds may be deemed (a) For the purposes of making requests for Disbursements and representing the Recipient in all administrative matters pertaining to administration ofthis Agreement, the Recipient shall designate a single officer or employee as the responsible person. All reimbursement requests shall be signed by the responsible official as indicated on page 1 unless otherwise specified herein. A request to change the responsible person shall be designated in writing by the Recipient before it may request additional (b) Requests for Disbursements may be made only after the Recipient has incurred the (c) Request for Disbursements shall be made on the forms approved by ADEM unless ADEM otherwise directs, and shall be accompanied by such invoices and other (d) Requests for Disbursements shall be as needed under the Recipient's program draw (e) Unused funds will be withdrawn if the following deadlines are. not met; by June 1, 2024, this Project should have completed the bid process and/or have a construction completion schedule meeting the statutory requirements. By. June 1,2026, this Project should demonstrate the ability to complete construction within the statutory unpayable upon certain events as described in this Agreement. disbursements, and shall be subject to approval by ADEM. costs for which the Disbursements is requested. proofs as ADEM may reasonably require. budget, but limited to no more than one per month. requirements. 6 Exhibit 3 ALLOWABLE COSTS Expenditures shall be limited to the costs permitted for use of ARPA funds per federal guidelines and ADEM state revolving fund program guidelines ("Allowable Costs"). The Recipient shall not be entitled to any Funds in excess of actual Allowable Costs for the Project. RETENTION OF DOCUMENTS ADEM personnel will monitor the implementation and timeline ofactivities covered under this Agreement. All documents related to this Agreement including bids, requests for proposals, invoices, contractual agreements, reports, approvals and correspondence with ADEM associated with this Agreement must be kept updated and readily accessible to ADEM staff for at least five (5) years from the execution of the grant agreement and as otherwise required herein. Copies ofinvoices shall also be submitted to ADEM prior to reimbursement. FAILURE TO COMPLY ADEM may terminate the grant herein provided, in whole or in part, and demand refund ofProject Funds when there is substantial non-compliance with the terms oft the award or this Agreement, a determination is made by ADEM that the Grant was obtained by fraudulent means, ADEM: has found that Project Funds havel been used for costs other than Allowable Costs for the Project, or a determination is made by ADEM that gross abuse or corrupt practices have been used in the administration of the Project by the Recipient. ADEM shall give written notice to the Recipient (via certified mail, return receipt requested) ofits intent to terminate any portion oft the grant ofFunds herein made, in whole orinj part, at least 30 days prior to the intended date oftermination. ADEM shall afford the Recipient an opportunity, within a timeframe determined by ADEM, for consultation with ADEM prior to the effective date of such termination. After such opportunity for consultation, ADEM may, in writing (via certified mail, return receipt requested) elect to terminate the grant of Project Funds hereunder in whole or in part, in which case the Recipient shall be obligated to return any such Project Funds previously paid to Recipient. Such action may also result in ADEM declaring the Recipient ineligible for further participation ini the program until the Recipient complies with the terms ofthe Agreement. Any amendments or modifications to this Agreement must be submitted in writing by the listed responsible person and be approved by ADEM: in writing before becoming effective. All amendments shall be signed by both parties and shall be as ifincorporated herein. AMENDMENTS 7 Exhibit 3 MISCELLANEOUS PROVISIONS A. The terms and commitments contained herein shall not constitute a debt oft the State of Alabama, which is prohibited by Section 213 of the Official Recompilation of the Constitution of Alabama, 1901, as amended by Amendment No. 26. B. By signing this agreement, the parties affirm, for the duration of thes agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting C. 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 the payment ofmoney, a party's:sole remedy is the filing ofa claim with the Board of Adjustment of the State of Alabama. For any and all other disputes arising under the terms ofthis contract which are not resolved by negotiation, the parties agree to utilize appropriate forms of 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 Resolution oft the Alabama D. In order to comply with federal requirements relating to the administration of grants and other federal assistance funds, Alabama Department of Finance (DOF) provides the: following information to ADEM: this award is provided to ADEM through a grant to the State of Alabama in the amount of $2,120,279,417 from the U.S. Treasury via Section 602 oft the Social Security Act (42U.S.C.301 et seq.), known as the American Rescue Plan Act("ARPA"), as created by Section 9901 ofthe. ARPA, Pub. L. No. 117- 2 (March 11, 2021) under Federal Award Identification Number SLFRP2635 Coronavirus State and Local Fiscal Recovery Fund (FRF) for the period March3,2021 to December 31, 2024, CFDA number 21.027. This award is provided in accordance with the requirements set forth in the. ARPA and other applicable federal and state law and policy, and Recipient affirms that all information it has provided to DOF relating to this subaward is true and accurate. This award does not include research and development. The parties acknowledge and understand that each subrecipient of] FRF funds will be evaluated: in accordance with Code of Federal Regulations 200-331(b): for risk ofnoncompliance with federal statutes, regulations, and the terms and conditions ofthe award. Further, each recipient and subrecipient'sactivities will be monitored as necessary to ensure that the award is used for authorized purposes, in compliance with law, and that performance goals are achieved. Other monitoring tools may be implemented depending on the level ofrisk posed by the subrecipient. therefrom. State Bar. 8 Exhibit 3 E. Notwithstanding any other provision of this Agreement, the Parties acknowledge and agree that they are responsible for complying with all federal requirements applicable to this award, including the Single Audit Act and Code of Federal Regulations, Title2, F. The parties acknowledge and agree that any subrecipient, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI oft the Civil Rights Act of1964, which prohibits recipients offederal financial assistance from excluding from aprogram or activity, denying benefits of, or otherwise discriminating against aj person on the basis of race, color, or national origin (42 U.S.C. $ 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which arel herein incorporated by reference: and made aj part ofthis Agreement. Title VI also includes protection to persons with "Limited English Proficiency" in any program. or activity receiving federal financial assistance, 42 U.S.C. $ 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part ofthis Agreement. G. No officer, member or employee of ADEM, no members of the Environmental Management Commission, and no other public official of the governing body oft the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out oft this project, shall participate in any decision relating to this Agreement which affects his personal interest or have any personal or pecuniary interest, direct or H. The Recipient shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written LA Any reports, information, data, etc., given to or prepared or assembled by the Recipient undert this Agreement which ADEM requests tol bel kept as confidential shall not bei made available to any individual or organization by the Recipient without the prior written approval OfADEM, unless such confidentiality would be contrary to the law ofthe State J. No member of or delegate to the Congress of the United States of America, and no resident commissioner, shall be admitted to any share or part hereof or to any benefit K. The Recipient agrees to abide by the State of Alabama requirements for audits and access of records. The Recipient agrees that the Director of ADEM or any of his/her duly authorized representatives, and the Chief Examiner of the Department of Examiners ofPublic. Accounts and any ofhis/her duly authorized representatives shall, until the expiration of five (5) years from the date of submission of the final report, have access to and the right to audit, examine, and make excerpts or transcripts from any directly pertinent books, documents, papers, and records ofthel Recipient involving this Agreement. Thel Recipient agrees toj provide access to any or all documents, papers, Part 200, subpart F: regarding audit requirements. indirect, in this agreement or the proceeds thereof. consent of ADEM. of Alabama or the United States. to arise herefrom. 9 Exhibit 3 records and directly pertinent books of the Recipient involving transaction related to L. The Recipient is responsible for reporting and making payment of any applicable federal and state taxes which may be due as a result of payments received pursuant to M. Any publications produced with funds from this award must display the following language: "This project [is being] [was/supported, in whole ori inj part, by federal award number SLFRP2635 awarded to the State of Alabama by the U.S. Department oft the O. The recipient must construct aj project sign that meets the following requirements: (a) Sign is to be constructed ofy %"MDO plywood or similar material, 4' x 8. (b) Paint with two (2) coats ofe enamel paint (or equivalent) prior to lettering. this Agreement upon written request from ADEM. this Agreement. Treasury." (c) Background color white, lettering black. (d) Lettering may be painted or vinyl. All lettering sizes tol be proportionate to sign layout. (e) Sign shall be attached to 4"x4x8 8' treated posts. (f) Sign shall be placed in prominent location near the project area, easily readable (g) Sign shall be maintained in good condition until completion of project. (h) Sign shall follow the format below and include the following information only: from existing street or roadway. 10 Exhibit 3 STATE OF ALABAMA Honorable (Name), Governor ADEM ALABAMA, AMERICAN RECOVERY PLAN ACT (ARPA) DRINKING WATER/WASTEWAIER PROJECT INFRASTRUCTURE PROJECT (NAME OF OWNER) (NAME OF PROJECT) $(amount) ARPA Funds $(amount) State Revolving Fund Loan (ifapplicable) (NAME OF COATRACTOR-CONRACTOE (NAME OF ENGINEER)* CONSULTING ENGINEER U.S. ENVIRONMENTAL PROTECTION AGENCY ALABAMADEPAEIMENT OF ENVIROMMENTAL MANAGEMENT 11 Exhibit 3 Dale County Commission By: sh K Steve Mckinnon Chairman !H33 Date Signed ALABAMA DEPARTMENTOF ENVIRONMENTAL MANAGEMENT 10-25.2023 Date Signed By: Lance R. RA Astol Legal Form IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on this the a5 day of October 2023. &0 Owv Cranoop Bp 7-a02) 12 Exhibit 3 ATTACHMENT A: APPROVED PRELIMINARY ENGINEERING REPORT 13 Exhibit 3 ATTACHMENT B: PROJECT BUDGET 14 Exhibit 3 ADEM Form 340: Clean Water State Revolving Fund Preapplication Submit Complete Preapplication to: method srt@ademalabamagov overnight 36110-2400 Dale County Commission Project Name Culvert Project Preferred Byemall: By Assistance Amount Requested Date Submitted 1400 Coliseum Boulevard Montgomery,Alabama (334)271-7714 SRF Section Alabama Department of Environmental Management Montgomery, Alabama 36130-1463 $150,000.00 6/29/2023 Clean Water mail: State Revolving Fund By mail: Post Office Box 301463 Section 1: Contact Information Loan Applicant Applicant Name (Signatoryofloan Agreement) Email Address Contact Person (Daily SRF Communications) Email Address Malling Address County Fax Number ALI House District(s) NPDESI Permit Number of N/A Facility (ifapplicable) Names and 12-digit HUC Codes of Watersheds Impacted Project Engineer: Firm Name Address City, State, Zip code Engineer Name Telephone Number Email Address Fax Number ADEM FORM340M35/2022 Dale County Commission dalecorb@ymal.com Matthew Murphy dalecor@ymal.com Dale (334)774-6899 89,93 Authorized Representative Steve Mckinnon Title of Authorized Representative Telephone Number Telephone Number UEI Number PWSID Number AL Senate District/s) Population of System Commission Chairman (334)774-6025 (334) 774-5875 Ozark, AL 36360 Y179FDKWHG85 N/A 29,31 49,326 (2020) Title of Contact Person County Engineer 202 S. Hwy 123, Suite A City, Zip Code Little Judy Creek-31402010302, Judy Creek- -31402010304, Deal Creek- 31402010204, Choctawhatchee River- . 31402010602, Alexander Creek- 31402010504 Dale County Engineer 202 S. Hwy 123, Suite A Ozark, AL, 36360 Matthew W. Murphy (334)774-5875 matthew.murphy@dalecountyalgov (334)774-6899 PAGE1 Exhibit 3 Section 2: Project Information Fort thef following questions, please attach additional pagesifa adequate spacei is not provided ont thist form: 1. List all other funding sources to be utilized to complete this project. Other Funding Source(s) County In-Kind Match County Funds Amount(s) $66,500.00 $21,200.33 Commitment Date June 27, 2023 June 27, 2023 2. Provide demographic information about the affected community Community is defined as the township or county that best represents the system. Please identify what community is being used. Median Household Income Unemployment Rate Population Trend Over 10 -2.85% Years (+%) Community $50,052.00 2.5% Source/Date: Source/Date: census.gov/2021 census.gov/2021 Source/Date: ALI Dept ofl Labor/3/23 Dale County, AL Priority Ranking System The following factors are used to rank the proposed project, and will ultimately determine ifi it falls in the fundable, portion oft the *Any ranking criteria that cannot be verified through supporting documentation byt the Department willl be awarded: zero points. priority list. The applicant must provide documentation where required in order tor receive credit. A. Enforcement and Compliance Rating Criteria (Maximum: 50 points)" * Ranking Criteria Point Value 50 D 40D1 25 D 1 Facility is under formal enforcement action by ADEM and is currently in significant non-compliance. The project willl bring thef facility into compliance. (Acopy of the enforcement order must be attached) 2 Project is a voluntary effort to resolve violations and will mitigate the issuance of a formal enforcement 3 The facility is currently in compliance with permit limits, but will fall out of compliance without the action. proposed project. ADEME FORM340M35/2022 PAGE2 Exhibit 3 B. Water Quality Improvement Criteria (Maximum: 135 points) * 1 Project will significantly: address water quality standardsi in a water body that: b) Issubject to ac draft TMDL, dated 0-2 years from present ) Iss subject to a draft TMDL, dated 3-5 years from present d) Iss subject to ac draft TMDL, dated 6-10 years from present Pathogens (i.e., fecal coliform/E. coli) Mercury Nutrients (i.e., phosphorous, nitrogen) d) Enrichment/Dissolved Organic Ammonia (toxicity) f) Siltation (sediment) Ranking Criteria Point Value 25 D 15 D 10 D 5 D 50 15D 10 - D 50 5e 15 - D 5 D 5 D 50 50 10 D 15 D 10 Point Value 5 D 10 D 10 5 10 L 20 D 5 Point Value 10 D 10 D 10 D 10 D 5 D 5 D a) Has an approved TMDL 2 Project willi implement TMDL(s) for: Oxygen 3 Project willl benefit a Category 50 or Category 41 listed water body. Project takes placei in an EPA-identified priority watershed. and reduces/eliminates one or more sources ofi impairments (point and nonpoint source). b) Project willi improve water qualityi ina an Outstanding Alabama Water (OAW). c) Project will improve water qualityi in an Outstanding National Resource Water (ONRW). 4 Project will upgrade or replace existing failing or inadequate decentralized wastewater treatment systems, or construct: septage treatment facilities that are crucial to the proper operation of 5 Project will protect a public drinking waters source from contamination: that will negatively impact public 6 health. Project willi implement a National Estuary Program Comprehensive Conservation Management Plan decentralized wastewater treatment systems. Water/Energy Efficiency Rating (Maximum: 65 points) * Ranking Criteria 1 Project incorporates energy efficient design considerations with established objectives and targets for energyreduction opportunities, performed energy audits or developed energy conservation plans. 2 Project uses renewable energy to provide power to a POTW. 3 Projecti implements upgrades to pumps and treatment processes which resultin: a) 20 percent or greater reduction in energy consumption at a POTW. b) Less than a 20 percent reduction ine energy consumption at af POTW. 4 Infltration/inflow. correction projects that: save energyf from pumping andi resuiti in reduced treatment costs, andl I/lp projects in cases where excessive groundwater infiltrationi is contaminating thei influent. 6 Production oft treated effluent for groundwater recharge, industrial operations, or agricultural purposes. 5 Projects that incorporate recycling and/or reuse of gray water or wastewater. D. Stormwater Management Criteria (Maximum: 50 points) 1 Project willi implement stormwater harvesting: and reuse. hydrology and reduce effectivei imperviousness. Ranking Criteria 2 Project incorporates wet weather management systems including: permeable pavement, bioretention, tree plantings, green roofs, raing gardens and other practices that can be designed to mimic natural 3 Project will create riparian buffers, floodplains, vegetated buffers and additional streambank restoration 4 Project supports wetland protection or restoration, including constructed wetlands. 5 Downspout disconnection to remove: stormwater from sanitary sewers andr manage runoff onsite. 6 Project incorporates green streets forr new development, redevelopment or retrofits, methods. PAGE3 ADEM FORM 3401 M3 5/2022 Exhibit 3 . - Agricultural and Nonpoint Source Pollution Criteria (Maximum: 35 points) Project addresses water qualityi impacts associated with farming operations by: a) Implementing water-savingi irrigation systems int farms currently using inefficient watering b) Implementing methods tor reduce soil ands stream bank erosion. C) Utilizing BMPs including no-tillf farming practices, rotational grazing, cropland conversion and d) Utilizing alternative watering sources including effluent or grey water reuse. 2 Project addresses water qualityi impacts associated with animal feeding operations by: Ranking Criteria Point Value 5[ 10 10 10 10 10 5 Point Value 5D 10D 5D 5D 5D 5 5 5 L 50 5D 5 D 5D 50 10D 5D Point' Value 00 50D1 systems. winter cover crops. a) Developing: al Nutrient Management Plan. Establishing heavy- -use protection areas. Implementing onsite waste management: systems for manurei and poultry litter; including recycling, spreading, and storage systems, and digester gas technologies. d) Utilizing dead bird composters and/ori incinerators. e) Implementing BMPS (including exclusion fencing and stream crossings). Sustainability Criteria (90 possible bonus points) * Ranking Criteria Project incorporates one or more oft the following planning methodologies: a) Comprehensive Land Use Plan (must designate areas where publici infrastructure will and willr not bes supported) b) Asset Management Plan ) Watershed Management Plan d) Nutrient Management Plan e) Nutrient" Trading Open Space Preservation g) Integrated Water Resource Plan thats stresses water efficiency, reuse and conservation a) Site fingerprinting for minimized landscape disturbance and sustainable landscape design. LEED certified or other ADEM-approved, green building techniques for POTWs. Minimizes the environmental and water quality impact of construction through thet use of clean fuel construction vehicles, construction waste reduction and otheri innovative methodologies. d) Project envelope isl locatedi in ap previously developed area. e) Use of environmentally friendly post-consumer recycled or reclaimed materials. 3 Project implements at least one oft the following construction methods: Protection of onsite trees, vegetation, native! habitats and urban forests; or Replanting of disturbed: areas with native plant species. a) Development ofay water conservation program. b) Incorporates: sustainable water pricing practices andi rate structures. 1 Completion ofEPA'sWater Quality! Scorecard (see ssEAAN scorecard.htm). 2 Project includes one or several oft thef following design considerations: Innovative erosion control practices; 4 Project will utilize one orr more oft thef following water conservation strategies: G. Growth Criteria (50 possible bonus points) Ranking Criteria 1 Project includes a significant growth component. (Seel PERI instructions) Z Project does noti include a significant growth component. (See PER instructions) PAGE4 ADEM: FORM340M3 5/2022 Exhibit 3 Sum the points from each category below. Part A: Enforcement and Compliance (50 points maximum) Part B: Water Quality (135 points maximum) Part C: Water/Energy Efficiency (65 points maximum) Part D: Stormwater Management (50 points maximum) Part E: Agricultura/Non-Point Source (35 paints maximum) PartF:Sustainability (90bonus points maximum) Part G: Growth (50 bonus points maximum) 0 0 0 0 0 0 0 0 TOTAL POINTS CLAIMED: This forms should! be: signed by the official whoi is authorizedt to execute contracts on behalf of the applicant jurisdiction. ONE SIGNED COPY (including attachments) should' be emailed tot thea address shown onl Page 1 oft this form. 1. Preliminary! Engineering Report (PER Outline PER Format Below (Preferred)) 2. Copies ofl last three (3) years of audited financial statements (ifa available) Attachments to be included witht this form: Preliminanyfngineering Report Outline: 1. Description of Project Brief description and background ofp project Purpose of project Location of project . Project Scope Average annual household water bill Population and median household income 2. Proposed Improvements System plan for water conservation Proposed operation and management d. Improvements to system 3. Project Maps a. Include alla affected water bodies . Projected Outlay! Schedule Cost Breakdown a. Estimated cost outline for entire project determination of all points awarded. a. System connections and connections that benefit from construction 6. Supporting Documentation". for priority points claimed, as required above. Any points claimed that cannot be readily substantiated from thei information: submitted" willr not be counted. The Department reserves ther right to make thet final a. New (nota a replacement); wastewater wastewater treatment treatment plant (excluding plant where decentralized the purpose systems). oft the project is toi increase the Wlsmaaismes design flow or projects where the design flow oft thef facilityi incidentally, increases by more than 20%. Collection systemi improvements thati increase design flow exdludingrehabilitaton projects where the original 7. Growth Criteria: Ifthe projecti includes any oft thef following components, enter a point value of0: design flow is restored). d. New or expanded collection systems. e. Any POTW project that serves future growth. If none of the criteria above apply, the project willl be awarded points as shown. The undersigned representative of the applicant certifies that thei information in the application andi int the attached statements and exhibits is true, correct and complete to the best of the applicant's knowledge, information and belief. Signature of Authorized Representative S 715 Print or Type Name Steve McKinnon Date 6-29-23 Title Chairman, Dale luaty ADEMI FORM3 340M35/2022 PAGE5 5/17/2023 Exhibit 3 Dale County 2023 ARPA Stormwater Projects Sitel 11 Site Site 833 Q/Site5 Site Site Site No. 5 6 7 8 10 11 LOCATION CR-70 CR-36 CR-351 CR-34 CR-532 Waterford Rd. CR-59 CR-55 Georgian' Terrace CR-554 CR-307 N W E K Miles Exhibit 3 RESOLUTION SRF Seclion Jun 29, 2023 Permits & Services Division. County of Dale State of Alabama WHEREAS, the County Commission of Dale County, Alabama (the' "Commission") is desirous of constructing or improving, by force account, by contract or both, stormwater management solutions on sections ofr roads included in the Dale County Road System and described as follows: CULVERT REPAIR AND REPLACEMENTS VARIOUS SITES WHEREAS, Ala. Acts, Act No. 2023-1, allocated ap portion of the State's American Rescue Plan Coronavirus State and Local Fiscal Recovery Funds to be provided as state-wide matching grants for investments in water and sewer projects eligible under 31 CFR: 35.6.(e)(1)0), (1), (it), and (v). toi include WHEREAS, the Alabama Department of Environmental Management ("ADEM") is charged with the administration of the award of these funds to counties and other eligible entities; and WHEREAS, ADEMI has announced the availability of these funds for matching grants of upt to $150,000.00 per Alabama county to implement eligible stormwater projects; and WHEREAS, the County intends to apply to ADEM for matching grant funding in the amount of $150,000.00 fort the construction of the above-referenced stormwater project; and WHEREAS, the County wishes to commit sufficient funds and/or other resources to satisfy the thirlyfive stormwater projects; and percent required local match for this grantf funding. NOW, THEREFORE, BE IT RESOLVEDI BY THE COMMISSION as follows: 1. The Commission hereby authorizes thes submission of the grant application described herein and agrees to all of the provisions of any agreement which has been executed or will be executed covering the construction of the project and the award of grant funds by ADEM for the project. 2. The Commission further allocates and authorizes the use of upt to $80,824.00 ofi its own funds andlor other resources to be used for the construction of the project. and on its behalf by its Chair on the 27th day of June, 2023 IN WITNESS WHEREOF, the Dale County Commission has caused this Resolution toi be executedi in its name ShAt Steve McKinnon Chair, Dale County Commission Exhibit 3 COUN 2025 S. Hwy 123, Suite. A Ozark, Alabama 36360 334.774.5875 Matthew W. Murphy, P.E. County Engineer DALE COUNTY ROAD AND BRIDGE June 29, 2023 SRF Section P.O. Box 301463 Montgomery, AL: 36130-1463 RE: DCP23-06-23 Project Engineering Record Dale County Preliminary Engineering Report 1) Description of Project Alabama Department of Environmental Management This project consists of 11 different sites throughout Dale County, each site contains corrugated metal pipe (CMP), or multiple lines of CMP. The existing pipe diameters range from 18" to 96". This project willi involve replacing 501 feet of 96" pipe, 501 feet of 36" pipe, 1601 feet of 24" pipe, and! 50f feet of18" pipe for sites 3-7 and site 10. Each pipe will be replaced with round aluminized metal pipe oft the same size. Site 11 willi involve replacing! 50 feet of 54" pipe with a one size larger pipe (60") to accommodate larger flow rates and reduce flooding. In addition tot the mentioned replacement of pipe, this project will also consist ofl lining 801 feet of 60" pipe (site 1)and 200 feet of 48" pipe (site 2). There will also be 1201 feet of 60" pipe extensions installed at site 8, as well as driving sheet piles and grouting along a spillway at thei inlet of a CMP culvert at: site 9.The locations within this project involve tributaries that impact thet following watersheds: Little. Judy Creek, Judy Creek, Deal Creek, Alexander Creek, and the Choctawhatchee River. Areas where pipes are to be replaced will involve removal of the existing pipe, and re-establishing and stabilizing the cover over the pipe to adequately and: safelys support traffic. Riprap and filter fabric will also be placed alongi inlets and outlets, as directed by the engineer. This project will reduce maintenance costs for Dale County and protect its infrastructure and general public by eliminating potential hazards. According to the 2021 Census, Dale County has a population of 49,326, with a median household income of $50,052.00. Exhibit 3 2) Proposed Improvements The current pipes at each of these locations within this project arei in poor condition. The pipes selected for replacement, sites 3-7 and site 10, arel beyond repair. The pipes in need of lining, sites 1 and 2, will: soon bei int the same condition ifr not addressed: soon. Pipe extensions installed at site 8 willi increase slope stability and prevent loss of material. The shoulders and slopes of the road at this location constantly erode and pose at threat to public safety. The inlet repair at site 9 will prevent undermining of the culvert andi increase the life oft the structure and roadway. Site 9i is located on a dead-end road; failure of this CMP culvert could leave residents stranded. The results of the work performed during this project will reduce the amounts of erosion, which ini turn will reduce the amounts of sediment discharged into local watersheds improving the surface water quality of the surrounding area. Stabilization of slopes along each site and improving inlet and outlet conditions of each site will also aidi in efforts ofi improving water quality and save Dale County continued maintenance costs that the current structures require ini their current condition. In addition toi improvements of water quality and Maintenance cost, this project will also benefit residents by eliminating potential hazards by reducing the risks of roadway failures and road closures due to erosion. 3) Project Maps a. See Attached Exhibit: 3 4) Projected Outlay Schedule Work can be performed: starting after the notice to proceed utilizing al limited supply of County materials, labor, and equipment. Some portions oft the project may be performed by contract as needed. The estimated length oft the project is less than six (6) months depending on weather limitations. 5) Cost Breakdown Site No. 1 2 3 4 5 6 7 8 9 10 11 Total Labor & $0.00 $0.00 $15,000.00 $2,000.00 $1,500.00 $2,500.00 $25,000.00 $0.00 $2,500.00 $15,000.00 $66,500.00 Material Cost $0.00 $0.00 $22,850.00 $5,208.60 $3,390.50 $5,490.88 $5,208.60 $29,326.60 $0.00 $4,472.40 $16,052.75 $92,000.33 Contract Cost $18,700.00 $35,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25,000.00 $0.00 $0.00 $79,200.00 location CR-70 CR-36 CR-351 CR-34 CR-532 Waterford Rd $3,000.00 CR-59 CR-55 Georgian Terrace CR-554 CR-307 Equipment (Pipe, Filter Fabric, & Rip Rap) Total $237,700.33 6) Supporting Documentation N/A 7) Growth Criteria N/A Exhibit 4 LAYLOR) OWERSYSTEMS Taylor Power Systems 947 Industrial Park Drive Clinton, MS 39056 (601)922-4444 LAYLOR) GENERATOR PARTS, SERVICE, REPAIRGRENTAL Taylor Sudden Service 5640 Commerce Blvd. East Mobile, AL: 36619 251)443-8402 STANDBY GENERATOR INDUSTRIAL MAINTENANCE SERVICE AGREEMENT 11/6/2023 Service Info: Mr. Cajun Evans Dale County Commission Multiple Locations Ozark, AL 36360 Billing Address: Dale County Commission 202 South Hwy 123 Ste. C Ozark, AL 36360 Customer #: 16508000 Phone#: 334-445-6799 Email: Cajun.evans@dalecountyal.gov Agreement Period: January 1, 2024, to December 31, 2024 II. Services: One Year Annual Agreement (Two visits per year) One Basic Annual Service - see attached equipment list. One 41-Point Inspection --see attached equipment list. III. Equipment: 1. TG100 Serial Number: TP 30712 (124 Adam Street, Ozark, AL, Sheriff's Office) One Basic Annual Service at $650.00--perform in. January 2024 One 41-Point Inspection at $235.00--perform: in. July 2024 One Basic Annual Service at! $410.00--perform in. January 2024 One 41-Point Inspection at $235.00--perform in. July 2024 3. TG150, Serial Number: TP 32245 (202 SH Hwy: 123, Ozark, AL. Jail) 2. Generac 65521, Serial Number: 3000699057 (124 Adam Street, Ozark, AL Girls and Boys Club) One Basic Annual Service at $750.00--perform in January 2024 One 41-Point Inspection at $235.00--perform in. July 2024 4. MEP-1070A(60KW, Serial Number: H190623596 (583 Bivens Drive, Ozark, Al pistol range) One Basic Annual Service at $620.00--perform in. January 2024 One 41-Point Inspection at $235.00--pertorm in. July 2024 IV. Payment Terms: You will be invoiced as each service is performed. Payment is net following receipt of invoice. No sales or use taxes are included int the pricing and will be added as applicable. Please do not send payment; youwill bei invoiced. IfTax Exempt, please include documentation. Ifa PO is needed, please send the PO with the Agreement Taking Care of Our Customers is PRIORITY ONE! Exhibit 4 LAYLOR) TEMS Taylor Power Systems 947 Industrial Park Drive Clinton, MS 39056 (601)922-4444 VAYIOP)GENERATOR PARTS, SERVICE, REPAIRERENTAL Taylor Sudden! Service 5640 Commerce Blvd. East Mobile, AL 36619 (251)443-8402 V. Activation of Agreement: Your Signature activates this service and must be received by the agreement start date. Pricing is good for 30 days. No service will be scheduled until a signed agreement is received. You may mail to! 5640 Commerce Blvd. East Mobile, AL: 36619, faxt to 251-443-9569 or email to dumneravorbigredcom. VI. Taylor Sudden Service Disclaimer: Taylor Sudden Service may or may not bei the manufacturer of the equipment to which this Service/Preventative Maintenance Agreement applies. This Agreement does not modify or extend any manufacturer's originally issued warranty. Regularly scheduled service or preventative maintenance is necessary to extend the life of the equipment to which this agreement applies and make it more likely that the standby/prime power unit will provide power when needed; however, Taylor Sudden Service is neither an insurer nor guarantor of the equipment or the customer's product for which power is to be provided. INCIDENTAL AND CONSEQUENTIAL DAMAGES OCCURING AS A RESULT OF THE FAILURE OF THE EQUIPMENT IS EXPRESSLY DISCLAIMED AND THE SOLE LIABILITY OF TAYLOR POWER! SYSTEMS FOR ANY WORK PERFORMED UNDER THIS AGREEMENT IS LIMITED TO THE INVOICE. AMOUNT OF THE AGREEMENT. VII. Taylor Agreement Price: $3,370.00+ applicable taxes Please do not send payment; you willl be invoiced. IfTax Exempt, please Include documentation. IfaF PO is needed, please send the PO with the Agreement For questions on when your services will be performed or questions about. service work that was done, contact the Inside. Service. Sales Supervisor that handles your agreement: Samuel Dunn. 251-443-8402 Accepted Printed Name: 1HHB3 By: She *K Date: Skic mie Prepared For: Dale County Commission Prepared By: Sam Dunn Inside PM Sales Rep. Taylor Sudden Service - Generators 3750 Halls Mill Road, Mobile, AL: 36693 Phone: 251-443-8402 : Fax: 251-443-9569 Taking Care of Our Customers is PRIORITY ONE! Exhibit 5 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 November 9, 2023 To: Chairman Steve McKinnon, Dale County Commission From: Sheriff Mason Bynum Re: Sgt Joe Weaver's Service Weapon and Badge Please accept this letter as my official request that the Dale County Commission, pursuant to the Code of Alabama section 45-23-232, award Sergeant Joe Weaver his service weapon (SN# NMC957) and his Dale County Deputy Sheriffb badge due to his impending retirement effective November 21, 2023. Iwould also ask that this request be placed on the next available county commission agenda for consideration. Ifyou have any questions please let me know, Mason Bynum SheriffofDale H County Exhibit 6 RESOLUTION FORTHE ALLOCATION OF AMERICAN RESCUE PLAN ACT FUNDS FOR GOVERNMENT SERVICES WHEREAS, Dale County, Alabama (the "County") has received. American Rescue Plan Act fiscal recovery funds ("ARPA funds") and is charged with ensuring that such funds are expended in accordance with state and federal law; and WHEREAS, under 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 of its ARPA funds, not to exceed the County's total ARPA funds award, as revenue replacement ("Revenue Replacement funds"); and WHEREAS, the County may expend designated Revenue Replacement funds for government WHEREAS, the Dale County Commission ("Commission') has determined that making improvements to the Sheriff's Office (he Project") is a necessary, reasonable, and proportionate use of services, like improvements to County buildings; and ARPA funds; and WHEREAS, the County has previously engaged Poly, Inc. to perform full architectural and WHEREAS, the terms and conditions oft the contract with Poly, Inc. provided, in addition to payment for architectural and engineering services, payment to reimburse Poly, Inc. for newspaper engineering serviçes fori the Project to cover these costs; and advertisement costs; and WHEREAS, the County issued an Invitation to Bid in accordance with the Public Works Law, WHEREAS, this Invitation to Bid was duly advertised in ar newspaper of local circulation for three WHEREAS, Elite Building Group, LLC submitted al bid to construct the Project, which was publicly WHEREAS, following a recommendation by Poly, Inc., the architect of record for the Project, the Commission has determined that the bid submitted for Elite Building Group, LLC represents the! lowest codified under Title 39 of the Code of Alabama (1975) for construction of the Project; and consecutive weeks; and opened on November 9, 2023; and responsive and responsible bid for this Project; and Group, LLC to perform the work; and WHEREAS, the Commission wishes to award this bid and enter into a contract with Elite Building WHEREAS, consistent with Code of Alabama (1975) S 39-5-1, the County Commission hereby certifies that the process followed inj procuring these services was ins substantial compliance with the Public Works Law and federal procurement requirements as applicable to the expenditure of Revenue Replacement Funds. Exhibit 6 NOW, THEREFORE, BE IT RESOLVED BY THE ÇOMMISSION as follows: Revenue Replacement funds, toi facilitate the government services set forth herein; to wit: 1) The County hereby allocates up to $324,525.28 ofi its ARPA funds, designated as a. $323,680.00 to! Elite Building Group, LLC for the construction oft the Project; and b. $845.281 to Poly, Inc. for reimbursement ofr newspaper advertisement costs. The County hereby directs the County Administrator to negotiate a contract with Elite 2) Building Group, LLC thati is consistent with this Resolution; thel bid documents issued by the County; federal, state, and local law; and ARPA terms and conditions. 3) The County further delegates the authority to the Chairman to exeçute the above- referenced contract, provided that the contract is consistent with this Resolution; the bid documents issued by the County; federal, state, and local law; ARPA terms and conditions; and if, in his discretion, the terms and conditions are in the best interest oft the County. expend ARPA funds for costs oft the Project. 4) 5) Upon the execution oft the contract, the County Administrator is hereby authorized to The. ARPA Program Director is charged with ensuring that Revenue Replaçement funds allocated and expended toy provide these government: services will not be used in such a way as toi frustrate ÇOVID-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. 6) Expenditure oft these funds, as authorized by this Resolution, shall be contingent on the continued appropriation and availability of ARPA Revenue Replacement funds fori this purpose andi inr no event shall be used for anye expenses not obligated by December 31,2 2024, and expended by December 31,2026. INV 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 14th day of November 2023. S Steve McKinnon, Chairman Dale County Commission Exhibit 6 POY November 10, 2023 Mr. Steve McKinnon, Chairman Dale County Commission 202 South Highway 123, Suite C Ozark, AL 36360 RE: Renovation to Dale County Sheriff's Office Dale County, Alabama Dear Chairman McKinnon: We have tabulated and analyzed the bids received by the Dale County Commission for the above referenced project. These bids were received at a public bid opening on Thursday, November 9, 2023. I have enclosed a copy of the Certified' Tabulation of Bids for your standard filing practiçes. The lowest bid received was submitted by Elite Building Group, LLC, Newton, Alabama in the amount of $323,680.00. Poly has verified that Elite Building Group, LLCis a properly licensed contractor with the State of Alabama. Therefore, Poly recommends contract award to Elite Building Group, LLC in the Total Base Bid Amount of $323,680.00. Ifyou need additional information regarding our recommendations, please feel free to call. Sincerely, POLY,INC. caj Clayton'M. Wilks, AIA, NCARB Principal Architect Pu. wlhe ÇMW/h Enclosures cc: 26-423C 1935 Headland Avenue Dothan, Alabama 36303 Ph 334.793.4700- Fax 334.793.9015 wwohincun Post Oftice Box 837 Dothan. Alabama 36302 Exhibit 6 3 b E