à  MISS  Dale County Commission  Commission Meeting Minutes - February 8, 2022  The Dale County Commission convened in a regular session Tuesday, February 8, 2022. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham; District Three Commissioner Charles W. Gary; and District Four Commissioner Frankie Wilson. Chairman McKinnon called the meeting to order at 9:00am. Commissioner Grantham opened  with the Pledge of Allegiance. Commissioner Carroll followed with prayer.  APPROVED = AGENDA  Commissioner Grantham made a motion to approve the agenda with the following changes:  Adding additional travel request for Christian Bostrom. Add a second name for board member of Industrial Development Authority. Add additional item - Resolution to oppose Senate Bill 157. Add additional item- $25,000.00 appropriation from General Fund to South Dale EMS. Add additional items- ARPA items to IAC for review.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED  MEMORANDUM OF WARRANTS  Commissioner Grantham made a motion to approve the following Memorandum of Warrants:  Accounts Payable Check Numbers 92137-92306. Payroll Check Numbers: 154790 - 154792. Direct Deposit Check Numbers: 40985-41123.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - February 8, 2022  Page 2of4  APPROVED - JANUARY: 25, 2022 MINUTES  Commissioner Carroll made a motion to approve the Minutes of the Commission Meeting  on January 25, 2022.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL  Commissioner Gary made a motion to approve the following:  Franklin Compton - Part-Time New Hire - Sheriff's Office - Process Server = 02/09/22.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - TRAVEL  Commissioner Carroll made a motion to approve the following:  Dale County Jail - Kristina Terry and Lauren Chancey - March 2&3 3, 2022- Corrections Officers Jail Training - Prattville, AL -1 total = $1,264.04 Mapping and Appraisal - Kristi Colvin - April 3- 8, 2022 - Personal Property Road & Bridge - Christian Bostrom - January 24-February 4, 2022, FHWA Safety  Appraisal class - Tuscaloosa $1,239.00.  Inspection - $1,149.56.  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - DCP'23-04-19 - ROAD & BRIDGE  Commissioner Gary made a motion to approve a Construction Agreement for a Federal Aid  project, DCP 23-04-19. See Exhibit 1.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - February 8, 2022  Page 3of4  APPROVED INDUSTRIAL DEVELOPMENT AUTHORITY  Commissioner Wilson made a motion to approve Board Members (3) to the Industrial Development Authority of Houston, Henry, Geneva, and Dale Counties.  Brian Hall, Midland City Heath Hughes, Echo To be determined  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - DALE COUNTY PROPERTY TAX LEVY  Commissioner Gary made a motion to approve the Dale County Property Tax Levy. Commissioner Grantham seconded the motion, all voted aye. Motion carried.  See Exhibit 2.  APPROVED - LEGAL COUNSEL  Commissioner Grantham made a motion to approve retaining the law firm of Bull and  Simechak as legal counsel for the Dale County Commission- $2,500/month. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - RESOLUTION TO OPPOSE SB-157  Commissioner Gary made a motion to approve a Resolution to oppose Senate Bill 157.  See Exhibit 3.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - APPROPRIATION FOR SOUTH DALE EMS  Commissioner Gary made a motion to approve a $25,000.00 appropriation for South Dale  EMS, Inc. See Exhibit 4.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting! Minutes - February 8, 2022  Page 40 of4  APPROVED - ARPA FUNDS = IAC REVIEW  Commissioner Wilson made a motion to approve the review of expenditure of ARPA funds for the request from Ozark-Dale County E-911, Inc. by the Investing in Alabama Counties (IAC)  of the Assoc of County Commissions of AL (ACCA). See Exhibit 5. Commissioner Gary seconded the motion, all voted aye. Motion carried.  APPROVED - ARPA FUNDS - IAC REVIEW  Commissioner Gary made a motion to approve the review of expenditure of ARPA funds for the premium pay for employees by the Investing in Alabama Counties (IAC) of the Assoc of  County Commissions of AL (ACCA).  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - EXECUTIVE SESSION  Commissioner Gary made a motion to approve an executive session and to reconvene per the advice of County Attorney Matt Simechak for the purposes of discussing legal options for  pending litigation. See Exhibit 6.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - LITIGATION SETTLEMENT  Commissioner Gary made a motion to approve a settlement of litigation with Watson, Fleming, and Echo Logging over guard rail damage in the amount of $30,000.00. Commissioner Wilson 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, February 22, 2022 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Wilson made a motion to adjourn the meeting. Commissioner Gary seconded  the motion. All voted aye. Motion carried.  Iti is hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered into the minutes of the Dale County Commission as its official actions.  Skv WE  Steve McKinnon, Chairman    Exhibit 1  CONSIRUCTION AGREEMENT FORA FEDERAL: AID PROJECT  BETWEENTHE STATE OF ALABAMA DALE COUNTY COMMISSION Project No. STPOA-2319/250) County Project No. DCP 23-04-19 CPMIS RefH 100065700 PART ONE (1): INTRODUCIION  AND THE  This Agreement is made and entered into by and between the State of Alabama (acting by and through the. Alabama Department of Transportation). hereinafter referred to as the STATE: and the Dale County Commission. Alabama, (FEIN 6)-600150)beremater referred to as the WHEREAS, the STATE and the COUNTY desire to cooperate in the resurfacing on CR-47 from the Dothan city limits to SR-134: Project SIPOA-23194250): DCP: 23-04-19: NOM,THEREFORE. itist mutually agreed between the STATE and the COUNTY as  COUNTY.  CPMIS Ref# 100065700. follows:  PARTIWO(): FUNDING PROVISIONS  A. Project Funding: The STATE will not be liable for Federal Aid Funds in any amount. The project willl be limited to $750.758.48 Federal funds unless the Southeast Wiregrass Area Metropolitan Planning Organization agrees. subject to the approval of the STATE. tor reprogram the allocated Federal funds for the Southeast Wiregrass Area sufficient to pay 80%oofthe project cost. In the event of an underun inj project costs, the amount of Federal Aid funds will be the amount stated below. or 80%0 ofeligible project costs. B. The estimated cost and participation by the various parties is as follows:  whichever is less.  FUNDING SOURCE County Funds  ESTIMATED COSTS $ 187,689.62 938.448.10  FASTP Funds (Southeast Wiregrass Area Dedicated) $ 750,758.48  TOTAL (Incl CE&I & Indirect Cost)  Itis further understood that this is a cost reimbursement program and no federal funds will bej provided to the COUNTY prior to accomplishment oft the work for which itis requested. Furthermore, no federal funds will be reimbursed for work performed prior to  project authorization.    Exhibiti  Any cost incurred by the COUNTY relating to this project which is determined to be ineligible for reimbursement by the Federal Highway Administration (FHWA). or in excess of the limiting amounts previously stated, will not be an eligible cost to the project Time Limit: This project will commence upon written authorization to proceed from the The approved allocation of funds for projects containing Industrial Access funds shall lapse ifac contract has not been awarded for construction of the project within (12). months of the date oft the funding approval by the Industrial Access Road and Bridge Corporation Board, and the approved allocation shall be returned to the IARB for re- allocation. A time extension may be approved by the IARB upon formal request by the The approved allocation of funds for projects containing Federal Transportation Alteratives Set-Aside funds may lapse ifal project has not been authorized by FHWA within (24) months oft the daté of the funding approval by the Govemnor. and the approved allocation shall be retumed to the STATE for re-allocation. A time extension may be approved by the STATE upon formal request by the applicant. Failure to meet other project milestones. as set forth in the TAP Guidelines. may résult in an approved  and willl be bome and paid by the COUNTY. STATE directed to the COUNTY.  applicant.  allocation being rétumed to the STATE.  PART THREE (3): PROJECI SERVICES  A. The COUNTY will fumish all Right-of-Way for thej project.Associated Right-of-Way acquisition costs will not be an eligible cost as part of this Agreement. The Right-of-Way acquisition phase is hereby defined as the appraisal fees, appraisal review fees and the All work accomplished under the provisions of this Agreement will be accomplishedon property, ownedby or which willl be acquired by the COUNTY in accordance with applicable Federal and state laws, regulations. and procedures. Any exceptions to this requirement must be approved by the STATE in writing prior to incurring costs for which reimbursement is requested by the COUNTY. In cases whère property is leased. or easements obtained, the terms oft the lease or easement will not be less than the expected Acquisition ofreal property by the COUNTY as aj part oft this project will conform to and be inl accordance with thej provisions of the Federal Uniform Relocation Assistance & Real Property Acquisition Policies Act (49 CFR: 24. Subpart B). all federal environmental. Any property or property interests acquired shall be in the name oft the COUNTY with any condemnation or other legal proceedings being performed by the COUNTY. The COUNTY shall follow all Federal regnlations related to the Management, Leasing. and Disposal of Right-of-Way. uneconome remnants and excess Right-of-Way: as found in CFR 23 S 710 Subpart D. Proceeds for Leases and Disposals shall be credited to the No change in use OI ownership of real property, acquired or improved with funds providedunder the terms ofthis Agreement will be permitted without prior written approval from the STATE or FHWA. The STATE or FHWA will be credited on aj prorata share, as provided in Part Two. Section B. any revenues received by the COUNTY from B. The COUNTY will relocate any utilities in conflict with the project improvements in accordance with applicable Federal and State laws, regulations. and procedures. Associated Utility costs will not be an eligible cost as part of this Agreement.  cost of acquisition incurred.  life of the mprovements.  laws. and all other applicable state and federal lawsi  Project or to the Title 23 Collector Account.  the sale or lease ofproperty.  2    Exhibitl  T The COUNTY will make the Survey, perfom the Design, complete the Plans and fumish all Preliminary Engineering for the project with COUNTY forces or with a consultant approved by the STATE.. Associated Survey. Design, Plan Preparation, and Preliminary Engineering costs will not be an eligible cost as part ofthis Agréement. If any Associated Survey Design. Plan Preparation, and Preliminary Engineering costs are an eligible cost to the project, the COUNTY will develop and submit to the STATEa project budget for approval. This budget will be in such form and detail as may be required by the STATE. Atas minimum. all major work activities will be described, and an estimated cost and source offunds will be indicated for each activity. A signature line will be provided for approval by the Region Engineer and date ofs such approval. All costs for which the COUNTY seeks reimbursement must be included in a budget approved by the STATE in order to be considered for reimbursement. Budget adjustments may be necessary and may be allowed. subject to the approval ofthe STATE in writing. in order to successfully carry out the project. However, under no circumstances will the COUNTY be reimbursed: for expenditures over and beyond the The COUNTY will undertake the project in accordance with this Agreement, plans approved by the STATE and the requirements. and provisions, including the documents relating thereto, developed by the COUNTY and approved by the STATE. The plans. including the documents relating thereto, are ofrecord in the Alabama Department of Transportation: and are hereby incorporated. in and made aj part ofthis Agreement by reference. Itis understood by the COUNTY that failure of the COUNTY to carry out the project in accordance with this Agreement and approved plans, including documents related thereto, may result in the loss of federal or state funding and the refund ofany Projects containing Industrial Access funds or State funds, with no Federal funds involved, shall have completed original plans fumished to the STATE in accordance with the Guidelines for Operations for Procedures for Processing State and Industrial. Access Funded County and City: Projects. and attached hereto as aj part of this Agreement prior D. The COUNTY will fumish all construction engineering for the project with COUNTY forces oI with a consultant approved by the STATE as part oft the cost ofthe project. Construction Engineering & Inspection cost are not to exceed 5%, without prior approval by the State. Associated Construction Engineering & Inspection costs will be an eligible E. The STATE will fumish the necessary inspection and testing of materials when needed as part of the cost of the project. The COUNTY may request the use of an approved third- party materials inspection and testing provider. as approved by the STATE.  amount approved by the STATE.  federal OF state. funds previously received on the project.  tot the COUNIYletting the contract.  cost as part of this Agreement.  PART FOUR (4): CONTRACT PROVISIONS  A. The COUNTY shall not proceed with any project work covered under the provisions of this Agréement until the STATE issues written authorization to the COUNTY toj proceed. B. Associated Construction cost will be an eligible cost: as part of this Agreement. For projects let to contract by the STATE, the STATE will be responsible for advertisement and receipt of bids and the award oft the Contract. Following the receipt of bids and prior to the award of the Contract. the STATE will invoice the COUNTYfori its pro rata share of the estimated cost as reflected by the bid of the successful bidder plus Engineering & Inspection and Indirect Costs (if applicable). The COUNTY shall pay this amount to the STATE no later than 30 days after the date bids are opened. Failure to do For projects let toi contract by the COUNTY, the COUNTY shall comply V with all Federal and State laws, rules, regulations and procedures applicable to the advertisement, receipt ofbids, and the award of the contract. The COUNTY will, when authorized by the  so may lead to the rejection of the bid.    Exhibit 1  STATE. solicit bids and make awards for construction andi or services pursuant to this Agreement. The COUNTY shall not solicit bids until the entire bid package (plans. specifications. estimates, etc.)has been reviewed and approved by the STATE. Following receipt ofbids. the COUNTY will provide all bids to the STATE with a recommendation for award. The COUNTY shall not award the contract until it has Thej purchase ofj project equipment and or servicès financed in whole or inj part pursuant to this Agreement will be in accordance with applicable Federal and State laws. rules. regulations, andj procedures. including state competitive bidding requirements applicable tos counties and municipalities in the State of Alabama when the purchase is made by any C.I Ifnecessary, the COUNTY will file an Alabama Department of Environmental Management (ADEMD)National Pollutant Discharge Elimination System (NPDES). Notice of Registration (NOR)(Code Chapter 335-6-12) for this project without cost to the State o1 this project. The COUNTY will be the permittee of record with ADEM for the permit. The COUNTY and the contractor will be responsible for compliance with the permit and the State will have no obligation regarding the permit. The COUNTY will fumish the State (Region) a copy oft the permit prior to any work being performed by the The COUNTY will secure all permits and licenses ofe every nature and description applicable to the project in any manner: conform to and comply with the requirements of any such permit or license: and comply with each and every, requirement of any and all agencies. and of any, and all lawful authorities having jurisdiction oI requirements D. The COUNTY will comply with the Alabama Department ofTransportation Standard Specifications for Highway Construction. Latest Edition. on this project and will ensure that work associated on this project meets the standards ofthe Alabama Department of Transportation. and the project will be built in accordance with the approved plans. E. The COUNTY shall be responsible at all times for all oft the work perfomed under this Agreement and, as provided in Ala. Code S 11-93-2 (1975). the COUNTY shall indemmify and holdharmless the State of Alabama. The Alabama Department of Transportation, its officers. officials. agents, servants. and employees. For all claims not subject to Ala. Code S 11-93-2(1975). the COUNTY shall indemnify and hold harmless the State of Alabama, the Alabama Department of Transportation. its officers, officials, agents. servants, and employees from and against any and all damages. claims. loss. liabilities. attorney's fees or expense whatsoever or any amount paid in compromise thereofarising out of. connected with. or related to the (1) work performed under this Agreement. (2) the provision of any services or expenditure of funds required. authorized. or undertaken by the COUNTY pursuant to the terms ofthis Agreement, or (3)misuse, misappropriation. misapplication. or misexpenditure of any source of funding. compensation or reimbursement by the COUNTY. its officers. officials. agents. F. The COUNTY will be obligated for the payment of damages occasioned to private property, public utilities or the general public caused by the legal liability (in accordance with Alabama and or Federal law) of the COUNTY, its agents, servants. employees or G. Upon completion and acceptance of this project by the State, the COUNTY will assume full ownership and responsibility for the portion of the project work on COUNTY right- of-way and maintain the project in accordance with applicable State law and comply with  received written approval from the STATE.  such entity.  contractor.  applicable to thej project 01 to the project activities.  seivants, and employees.  facilities.  the Department's! Local Road Maintenance Certification Policy.  4    Exhibit 1  PART FIVE (5): ACCOUNTING PROVISIONS  A. The COUNTY will. when appropriate, submit reimbursement invoices to the STATE for work performed in carrying, out the terms ofthis Agreement. Requests for reimbursement will be made on forms provided by the STATE andy will be submitted through the Region Engineer for payment. The COUNTY may invoice the STATE not more often than once permonth for the funds due for work performed under this Agreement. Invoices for payment will be submitted in accordance with state law and will indicate that the payment is due, true, coirect. and unpaid, and the invoice will be notarized. Invoices for any work performed under the terms ofthis Agreement will be submitted within twelve (12) months after the completion and acceptançe by the STATE of the work. Any invoices submitted after this twelve-month period will not be eligible for payment. B. The COUNTY will not assign any portion ofthe work tol be performed under this Agreement oI execute any. contract, amendment or change order thereto. or obligate itself in any manner with any third party with respectto its rights and responsibilities under this T The COUNTY will establish andi maintain a cost accounting system that must be adequate and acceptable to the STATE as determined by the auditor oft the STATE. All charges to the Project will be supported by properly executed invoices. contracts. oI vouchers, as applicable-.videmcing 111 proper detail the nature and propriety of the charges in accordance with the requirements of the STATE. All checks. invoices. contracts, vouchers, orders or other accounting documents pertaining in whole or inj part tot the project will be clearly identified, readily accessible and to the maximum extent The COUNTY will report to the STATE thej progress of the project in such manner as the STATE may require. The COUNTY will also provide the STATE any information requested by the STATE regarding the project. The COUNTY will submit to the STATE financial statements. data, records. contracts and other documents and items of any respect related to the project as may be requested by the STATE. The COUNTY will permit the STATE, the Comptroller General of the United States. and the Secretary oft the USDOT. or either oft them or their respective authorized representatives. toi inspect. at any time. vehicles. and equipment utilized or usedi in performance of the project and any and all data and records which in any wayr relate to the project or to the accomplishment oft the project.. The COUNTY will also permit the above noted persons to audit the books, records and accounts pertaining to the project at any and all times. and the COUNTY will give its full cooperation to those persons or The COUNTY will complywith all audit requirements: set forth in the 2CFR Part 200 requrements. or the most curent version ofthose requirements under federal law. D. The COUNTY will retain all books, records. and other documents relative to this Agreement for a minimum ofthree (3) years after project termination, expiration of Federal interest, or close out. and the STATE, the Comptroller General of the United States, and the Secretary oft the USDOT. or either oft them or their respective authorized representatives. will have full access to and the right tos esamine any ofs said materials at E. Any user fee or charge to the public for access to any property or services provided through the funds made available under this Agreement. if not prohibited byal Federal, State or local law, must be applied: for the maintenance and long-term upkeep ofthe E. An audit report must be filed with the Department of Examiners of Public Accounts, upon receipt by the COUNTY, for any audit performed on this project in accordance with  Agreement. without the prior written approval oft the STATE.  feasible. kept separate and apart from all other such documents.  their authorized: representatives. as applicable.  alli reasonable times during said period.  project authorized by this agreement.  Act No. 94-414.    Exhibitl  PART SIX (6): NISCELLANEOLS PROVISIONS  A. Bye entering into this Agreement. the COUNTY: 1s not an agent oft the STATE. its officers, employees, agents oI assigns. The COUNTY is an independent entity from the STATE. andi nothing in this Agreement creates an agency relationship between the parties. B. Iti is agreed that the terms and commitments contained in this Agreement shall not constitute a debt oft the State of Alabama in violation of Article 11. Section 213 oft the Constitution of Alabama, 1901. as amended. by Amendment 26. It is further agreed that. ifany provision of this Agreement shall contravene: any statute or Constitutional provision or amendment, either now in effect OI which may be enacted during the teimi of this Agreement, then the conflicting provision in this agreement shall be deemed. null and Bysigning this Agreement, the contracting parties affirm, for the duration of the Agreement. that they will not violate Federal immigration law or knowingly employ, hire fore employment. OT 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 ands shall be responsible for all damages resulting D. Nomember. officer, or employee oft the COUNTY. during their tenure of employment and for one year thereafter, shall have any interest, direct or indirect. in this Agreement or E. The terms ofthis Agreement may be modified by revision oft this Agreement dulyr F. This Agreement may be terminated by either party upon the delivery ofa a thirty (30) day G. Nothing shall be construed under the terms ofthis Agreement that shall cause any H. Exhibits A, E, H, M, and N are hereby attached toi and made aj part of this Agreement.  void.  therefrom..  the proceeds. profits. OI benefits therefrom. executed by the parties hereto. notice oftermination.  conflict with Section 23-1-63, C'ode of Alabama, 1975.    Exhibitl  IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by those officers, officials and persons duly authorized to execute same, and the Agreement isd deemed to be dated and to be effective on the date hereinafter stated as the date ofits  approval by the Governor of Alabama.  ATTEST:  Dale County, Alabama shmt  By:  By:  As Chairman (Signature) Seue WELLamoNS Print Name of Chairman  As  Cheyz Gnky  Print Name ofClerk (AFFIX SEAL)  This agreement has been legally reviewed and approved as to form and content.  By:  William F. Patty, ChiefCounsel  RECOMNIENDED FOR APPROVAL:  Bradley B.1 Lindsey, P.E. State] Local Transportation Engineer  Edward N.Austin, P.E. Chief Engineer  STATE OF ALABAMA, ACTING BY AND THROUGH THE ALABAMA DEPARIMENT OF TRANSPORIATION  John R. Cooper, Transportation Director  THE WITHIN AND FOREGOING, AGREEMENT IS HEREBY EXECUTED AND  SIGNED BYTHE GOVERNOR ON THIS  DAY OF  20_  KAYIVEY  GOVERNOR, STATE OF ALABAMA    Exhibit 1  RESOLVTONNUNEBER  BE IT RESOLVED. by the Dale County Commission as follows: Alabama Department of Transportation relating to aj project for:  That the County enter into an agreement with the State of Alabama, acting by and through the Resurfacing on CR-47 from the Dothan city limits to SR-134; Project# SIPOA-2319/250); Which agreement is before this Commission, and that the agreement be executed in the name of the County. by, the Chairman for and on 1ts behalf and that it be attested by the County Clerk and. BE IT FURTHER RESOLVED, that upon the completion ofthe execution of the agreement by It the undersigned qualified and acting Clerk of Dale C'ounty. Alabama. do hereby certify that FEbsacy 2022 and that such resolution is on file in the CommyCleiksOlice.  DCP 23-0+-19; CPMS Ref# 100065700.  the official seal ofthe County be affixed thereto.  all parties. that a copy of such agreement be kept on file by the County. the above and foregoing is a tme copy ofa resolution lawfully passed and namedtherein, at a regular eeting ofs such Commission held on the  by the County day of gpeat  ATTESTED:  shg  County 8 dayo of the Minute Book of  Chairman  hbf  2022 and that such resolution is ofrecord in  Ehary  IN WITNESS WHEREOF. Ihave hereunto my hand and affixed the official seal oft the  County on this_ 3 day of  2022  26  (AFFIX SEAL)    Exhibitl  STDCONTRACTI EXHIBITS  REV. 9/19/16  EXHIBIT A  PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN FEDERAL- Policy. Itis the policy of the U.S. Department of Iransportation that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or inl part with Federal funds uder this AGREEMENT. Consequently. the DBE requirements of 49 CFR Part 26 apply to this DBE Obligation. The recipient of funds under the terms ofthis AGREEMENT agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the perfommance of contracts and subcontracts financed in whole o1 in part with Federal funds provided under this agreement. The recipient shall take all necessary and. reasonable steps in accordance with 49 CFR Part 26 to see that Disadyantaged Business Enterprises have the opportunity to compete for and perform contracts and shall not discriminate ont thel basis ofrace.color.: national origin. or sex in the awardand performance ofU.S. Department Failure of the recipient of funds under the temms of this AGREEMENT. or failure of its subcontractor (if a subcontractor is authorized) to cany out the DBE requirements of this AGREEMENT shall constitute a breach of contract, and may result in temmination of the contract by the STATE. or such other remedy may be undertaken by the STATE as it deems appropriate.  AID PROGRAM  AGREEMENT.  otlransportation assisted contracts.    Exhibit 1  STD CONTRACI EXHIBITS  REV. 9/19/16  EXHIBITE  TERMINATION OR ABANDONMENI  a. The STATE has the right to abandon the work oI to amend its project at any time, and such action on its part shall in no event be deemed a breach of contract. b. The STATE has the right tot terminate this AGREEMENT at itssole discretion without cause and make settlement with the COUNTY upon an equitable basis. The value of the work performed by the COUNTY prior to the termination oft this AGREEMENT shall be determined. In determining the value of the work performed. the. STATE 1. The ratio of ther amount of work: performed. by the COUNTY prior to the termination of the AGREEMENT to the total amount of work contemplated by 2. The amount of the expense to which the COUNTY is put in performing the work: to be temminated in proportion to the amount of expense to which the COUNTY wouldhave been put had he been allowed to complete the total work contemplated by the AGREEMENT. less any, payments previously madé. In determining the value of the work performed by the COUNTY prior to the temination.nod consideration will be given toj profit. which the COUNTY might have made on the uncompleted portion of the work. If the termination 1S brought about asi a result of unsatisfactory performance on the part of the COUNTY. the value of the work performed by the COUNTY prior to termination shall be fixed solely on theration of the amount ofsuch work to the  shall consider the following:  this AGREEMENT less any payments previously made.  total amount of work contemplated by this AGREEMENT.  CONTROVERS)  In any controversy conceming contract temms, or on a question offact in comection with the work covered by this project. including compensation for such work. the decision oft the Transportation Director regarding the matter in issue or dispute shall be final and conclusive of all parties.  CONTRACT BINDING ON SUCCESSORS AND ASSIGNS  a. This contract shall be binding upon the suecessors and assigns oft the respective] parties b. Should the AGREEMENT be terminated due to default by COUNTY, such termination shall be in accordance with applicable Federal Acquisition Regulations.  hereto.  10    Exhibit 1  SID CONTRACT: EHIBITS  REV. 9/19/16  EXHIBIT H Page 1  EQUAL RIGHTS PROVISIONS interest agrees as follows:  During the performance of this contract, the COUNTY for itself. its assignees and successors in  a. Compliance with Regulations  The COUNTY will complywith the Regulations ofthe Department ofTransportation relative to nondiscrimination in federally-assigned programs of the Department of Transportation (Title 49. Code of Federal Regulations, Part 21. as amended by 23 CFR 710-405(b). hereinafter referred to as the Regulations). which are herein During the performance of this contract. the contractor. for itself. its assignees. and successors in interest (hereinafter refeired to as the 'contractor") agrees to comply with the following non-discrimination statutes and authorities: including but not Title VIofthe Civil Rights Act of 1964(42U.S.C. S 2000d erseq- 78 stat. 252). (prohibits discrimination on the basis ofrace. color. national The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.(42U.S.C. $ 4601). (prohibits unfair treatment of persons displaced. 01 whose property has been acquired because of Federal-Aid Highway Act of 1973.(23U.S.C. $324 et seq A (prohibits Section 504 ofthe Rehabilitation Act of 1973. (29U.S.C. 87 794 et seg.. as amended, (prohibits discrimination on the basis of disability): and 49 The Age Discrimination Act of 1975. as amended. (42 U.S.C. $6101 erseg., (prohibits discrimination on1 the basis of age): Airport and Airway Improvement Act of 1982. (49 USC $471. Section 47123). as amended, (prohibits discrimination based on race. creed, The Civil Rights Restoration Act of 1987.(PL 100-209)- (Broadened the scope. coverage and applicability ofTitle VI of the Civil Rights Act of 1964. The Age Discrimination: Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs o1 activities" to include all of the programs or activities ofthe Federal-aid recipients. sub-recipients and contractors, whether such programs oI activities are Federally funded ornot); Titles II and III ofthe Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. SS 12131- 12189) as implemented by Department ofTransportation regulations  incorporated byreference and made aj part of this contract.  limited to:  Pertinent Non-Discrimination Authorities:  origin): and 49 CFR Part 21.  Federal or Federal-aid programs and projects): discrimination on the basis ofsex):  CFR Part 27:  color, national origin. or sex):  at49 C.P.R. parts 37 and 38;  11    Exhibit 1  STD CONTRACI EAHIBITS  REV. 9/19/16  EXHIBIT H Page 2  The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. S 47123) (prohibits discrimination 011 the basis of race, Executive Order 12898. Federal Actions to Address. Environmental Justice in Minority Populations and Low-Income Populations. which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects 011 minority Executive Order 13166. Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance. national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI. you. must take reasonable steps to ensure that LEP persons have meaningful access toyour programs (70Fed.Reg. at 740871074100): Title IX oft the Education Amendments of 1972.as amended, which prohibits you from discriminating because of sex in education  color, national origin, and sex):  and low-income populations:  programs or activities (20U.S.C. 1681 Letseq).  b. Nondiscrimination  In: accordance with Title VI of the Civil Rights Act. as amended. 42 U.S.C. S 2000d, Section 303 of the Age Discrimination Act of 1975. as amended, 42 U.S.C. $6102. Section 202 of the Americans with Disabilities Act of 1990. 42 U.S.C. S 12132, and Federal transit lawi at 49 U.S.C. S 5332. the COUNTY agrees that it will not discriminate against any employee or applicant for employment because of race. color, creed, national origin, sex. age. or disability. The COUNTYwill not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations. including employment practices where the contract covers aj program set The COUNTY will comply with all provisions of Executive Order 11246 of September 24. 1965 as amended by Executive Order 11375, and of the rules. regulations (41 CFR. Part 60) and relevant orders of the Secretary ofLabor. Ina all solicitations either by competitive bidding or negotiation made by the COUNTY for work tol be performed under a subcontract. including procurements ofmaterials 01 leases of equipment. each potential subcontractor, supplier or lessor shall be notified by the COUNTY of the COUNTY'S obligation under this contract and the Regulations relative to nondiscrimination on the ground of race. color, religion, sex The COUNTY will provide all information and: reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books,  forth in Appendix B ofthe Regulations.  Solicitations  oI national origin. d. Information and Reports  12    Exhibitl  STD CONTRACT EAHIBIIS  REV. 9/19/16  EXHIBIT H Page 3  records. accounts. other sources ofinformation and its facilities as may be determined by the STATE or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations. orders and instructions. Where any information required ofa COUNTY is in the exclusive possession of another who fails or refuses tof fumish this information, the COUNTY shall so certify to the STATE, or the Federal Highway Administration as appropriate. and shall set forth what efforts it has made Int the event ofthe COUNTY'S noncompliance with the nondiscrimination provisions provided for herein, the STATE shall impose such. contract sanctions as it may 1. withholding of payments to the COUNTY under contract until 2. cancellation. termmation or suspension of the contract. in whole  too obtain the information. Sanctions for Noncompliance  determine tol be appropriate, including but not limited to.  the COUNTY complies, and or  or inj part.  Incorporation of Provisions  The COUNTY will include the foregoing provisions a. through fine every subcontract. including procurements ofmaterials and leases of equipment. unless excepted by the Regulations, orders or instnuctions issued pursuant thereto. The COUNTY will take such action withrespect to any subcontract. procurement, or lease as the STATE may direct as a means of enforcing such provisions. including sanctions for noncompliance: provided, however, that in the event a COUNTY becomes involved in. or is threatened with, litigation with subcontractors. suppliers. or lessor as a result ofsuch direction. the COUNIY may request the STATE tos enter into such litigation Equal Employment Opportunity The following equal employment opportunity  toj protect the interest of the STATE. requrements apply to the underlying contract:  . Race. Color. Creed. National Origin. Sex - In accordance with Title VII of the Civil Rights Act, as amended. 42 U.S.C. S 2000e. and Federal Transit laws at 49U.S.C. S 5332. the COUNTY agrees to comply with all applicable equal employment requirements ofU.S. Department ofLabor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity. Department of Labor," 41 C.F.R. Parts 60 et seq.- (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. S 2000e note). and with any applicable Federal statutes. executive orders. regulations. and Federal policies that may in the future affect construction activities undertaken in the course ofthe Project.  13    Exhibitl  STD CONTRACTENIIEIIS  REV. 9/19/16  EXHIBIT H Page 4  The COUNTY agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment. without regard to their race. color. créed. national origin, sex. o1 age. Such action shall include. but not limited to, the following: employment. upgrading. demotion or transfer. recruitment or recruitment advertising, layoff 01 termination: rates of pay or other forms of compensation: and selection for training. including apprenticeship. In addition. the COUNTY agrees to çomplywith any implementing requirements FTA mayissue. 2. Age - In accordance with Section 4 of the Age Discrimination in Employment. Act of 1967, as amended. 29U.S.C. $623 and Federal transit law at: 49 U.S.C. S 5332. the COUNTY agrees to refrain from discrimination against present and prospective employees for reason of age. In addition. the COUNTY agrees to comply with any implementing 3. Disabilities - In accordance with Section 102 of the Americans with Disabilities Act, as amended.42US.C.) 12112, the COUNTY agrees that itwill comply with the requirements of U.S. Equal Employment Opportunity Commission. "Regulations to Implement the Equal Employment Provisions ofthe. Americans with Disabilities Act."29CF.R. Part 1630. pertaining to employment of persons with disabilities. In addition. the Contractor agrees to comply with any implementing  requirements FTA1 mayissue.  requrements FTA mayissue.  COSTPRINCIPLES  The STATE'S cost principles for use in determining the allowability ofanyitem ofc cost, both direct and indirect. in this AGREEMENT. shall be the applicable provisions of Volume I. Federal Acquisition Regulations, Parts 30 and 31. The COUNTY shall maintain costs and supporting documentation in accordance with the Federal Acquisition Regulations. Parts 30 and31 and other Regulations referenced with these Parts where applicable. The COUNTY shall gain an understanding of these documents and. regulations. The applicable provisions of the above referenced regulations documents are herebyincorporatedi ibyreference herêin as if fully set forth.  EXECUTORY CLAUSE ANDI NON-MERIT SYSTEMSTATUS  a. The COUNTY specifically agrees that this AGREEMENT shall be deemed executory only toj the extent ofmoneys available. and no liability shall be incurred by the STATE  beyond the moneys available for this pupose.  14    Exhibitl  STD CONTRACI EXHIBITS  REV. 9/19/16  EXHIBIT H Page 5  b.  The COUNTY, in accordance with the status of COUNTY as an independent contractor. covenants and agrees that the conduct OfCOUNTY will be consistent with such status. that COUNTY will neither hold COUNTY: out as. or claim to be. an officer or employee oft the STATE by reason hereof. and that COUNTY will not. byreason hereof. make any claim. demand or application' to or for any right oI privilege applicable to an officer or employee oft the STATE under the merit system or any other law of Alabama, including but not limited to workmen's compensation coverage, or retirement membership or credit or any Federal employment law. This paragraph also applies in like manner to the employees OfCOUNTY.  COUNTYS' CERTIFICATIONS  The COUNTY by acceptance oft this contract certifies that the rates or composition of cost noted in Article IV - PAYMENTS are based o11 the current actual hourly rates paid tor employees, estimated non- salary directcostbased. on historicalprices, the latesta available audited indirectcost rate. and estimated cost ofreimbursements to employees for travel (mileage. per diem, and meal allowance) based on the current policy of the COUNTY. The COUNTY agrees that mileage reimbursements for use of company vehicles is based on the lesser of the approved rate allowed by the General Services Administration of the United States Govemment or the reimbursement policies of the COUNTY at the time of execution of the AGREEMENT. The COUNTY agrees that n1o mileage reimbursement will be allowed for the purpose ofc commuting to and from work oI for personal use of a vehicle, The COUNTY agrees that the per diem rate will be limited to the rate allowed by the STATE: at the time ofexecution ofthe AGREEMENT. The COUNTY agrees that al meal allowance shall be limited to COUNTY employees while in travel status only and only  when used in lieu ofaj per diem rate.  The COUNTY shall submit detailed certified labor rates as requested. and in a timely manner. to the External Audits Section of the Finance and Audits Bureau of The Alabama Department of Transportation, The COUNTY agrees that material differences between rates submitted with a proposal and rates provided. as certified for the same proposal are subject to adjustment and  reimbursement.  15    Exhibit 1  STD CONTRACT EXHIBITS  REV. 9/19/16  EAHIBIT M  CERTIFICATION FOR FEDERAL-AID CONTRACTS: LOBBYING  This certification is applicable to the instrument to which it is attached whether attached directly The prospective participant recipient, by causing the signing of and the submission oft this Federal contract. grant. loan. cooperative AGREEMENT. oI other instrument as might be applicable under Section 1352. Title 31, U. S. Code. and the person signing same for and on behalf of the prospective participant recipient each respectively certify that to the best of the knowledge and beliefofthe prospective participant or recipient and ofthe person signing for and on behalfofthe a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the prospective participantreipient or the person. signing on behaif of the prospective participant recipient as mentioned above. to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee ofCongress. or an employee ofa Member ofCongress in connection with the awarding of any Federal contract. the making ofa any Federal grant. the making of any Federal loan. the entering into of any cooperative agreement. and the extension. continuation. renewal. amendment, oI modification of any Federal contract. grant. loan, b, Ifany funds other than Federal appropriated. funds have been paid or will be paid to any person for influencing or attempting to influence an officer oI employee of any Federal agency. a member ofCongress, an officer or employee ofCongress. or an employee ofa Member ofCongress in comection with this Federal contract, grant, loan, or cooperative agreement, or other instrument as might be applicable under Section 1352, Title 31.1 U. $.Code. the prospective participant recipient shall complete and submit Standard For- LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is aj prerequisite for making or entering into this transaction imposed by Section 1352. Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to acivil penalty ofnot less than $10.000 and The prospective participant recipient also agrees by submitting this Federal contract. grant. loan. cooperative agreement 01 other instrument as might be applicable under Section 1352. Title 31. U.S. Code. that the prospective participant recipient shall require that the language of this certification be included. in all lower tier subcontracts. which exceed $100,000 and that all such  ori indirectly with other attachments to such instrument.  prospective paticipantrecipient, that:  ord cooperative agreement.  not more than $100,000 for each such failure.  subrecipients shall certify and disclose accordingly.  16    Exhibit 1  STD CONTRACT EAHIBITS  REV. 9/19/16  EXHIBITN  FUNDS SHALL NOT BE CONSTITUTED ASADEBT  Itis agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation of Article 11,3 Section 213 ofthe Constitution of Alabama. 1901, as amended by Amendment Number 26. It is futher agreed that if any provision of this AGREEMENT shall contravene any statute or Constitutional provision of amendment. either now ine effect or which may, during the course ofthis AGREEMENT. be enacted. then the conflicting When considering settlement of controversies arising from or related to the work covered by this AGREEMENI. the parties may agree to use appropriate forms ofnon-binding altemative dispute  provision in the AGREEMENT shall be deemed null and void.  resolution.  TERMINATION DUE TOISUTICIENIEENDS  a Ifthe agreement term is to exceed more than one fiscal year. then said agreement is subject to. termination in the event that funds should not be appropriated for the continuedpayment b. In the event of proration of the fund from which payment under this AGREEMENTIO  of the agreement in subsequent fiscal years.  be made. agreement will be subject to temmination.  NO GOVERNMENT OBLIGATIONTOTIIRD PARTY CONTRACTORS  The STATE and COUNTY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract. absent the express written consent by the Federal Govemment. the Federal Govemment is not aj party to this contract and shall not be subject to any obligations of or liabilities to the STATE, COUNTY. or any other party (whether or not aj party to that contract) pertaining tos any matter resulting from The COUNTY agrees to include the above clause in each subcontract financed in whole or inj part with Federal assistance provided to FHWA. Iti is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject toi its provisions..  the underlying contract.  17    Exhibitl  STATE OF ALABAMA DEPARIMENT OF TRANSPORIATION GUIDELINES FOR OPERATION  SUBJECI: PROCEDURES FOR PROCESSING STATE AND INDUSIRIAL  ACCESS FUNDED COUNTY AND CITY PROJECTS  No work can be performed and no contracts can be let prior to having a fully executed. project agreement, submittal of project plans to Region and notification from the Region that advertisement for bids can be made, or, in the case of force  account projects, work can begin.  A project agreement will be prepared and furnished to the County/City upon receipt of grant award letter signed by the Director or Governor. The Region will prepare and submit a F-7A Budget Allotment request upon receipt of: a project funding agreement at the time it is submitted to the County/City for their execution. The County/City will submit plans prepared and signed by a registered professional engineer showing work to be performed. Plans must match the project agreement description. Itis not necessary for the Region to perform an in-depth review of plans. The County/City will submit a certification signed by a Registered Professional Engineer stating that the plans have been prepared so that all items included in the plans meet ALDOT specifications. The County/City will include a letter certifying that the County/City owns all right-of-way on which the projectis Upon receipt of the executed agreement, thes executed F-7A, final plans from the County/City, and right-of-way certification, the Region may notify the County/City to proceed with adyertising the project for letting or proceed with work in the case In the case where a County/City is using an inplace annual bid, the County/City will furnish the Region a copy oftheir bid and this bid price will be used for  to be constructed.  of a force account project.  reimbursement.  1-20  Rev. 10/2017  18    Exhibit 1  Where the County/City! is letting a contract locally, the County/City will furnish to the Region the three lowest bids with their recommendation for award. The Region will review: thel bids, and, ifin order, advise the County/City to proceed with award of the contract to the lowest responsible bidder. The County's/City's estimate for reimbursement will be based on the bid prices concurred in by the State and supported with documentation that the contractor has been paid forwork performed (copy of cancelled check). A certification will be submitted with County/City final estimate stating that the project was constructed in accordance with final plans submitted to the State and with the specifications, supplemental specifications, and special provisions which were shown on the plans or with the State'slatest specifications which were applicable at the time of plan The County/City will notify the Region when the projectis complete and the Region will perform a final ride-through to determine whether the project was completed in substantial compliance with original final plans. Final acceptance willl be made by the Region with a copy of the letter furnished to the Burean ofLocal Transportation. All required test reports, weight tickets, material receipts and other project documentation required by the specifications, applicable supplemental specifications, and special provisions willl be retained by the Counfy/City for a period of three (3) years following receipt ofi final payment and made available for audit by the State upon request. Ifan audit is performed and proper documentation is not available to verify quantities and compliance with specifications, the County/City will refund the project cost to the State or All County/City Industrial Access or State funded projects let to contract by the State will follow normal project procedures and comply with all current plan processing  approval.  do whatever: is necessary to correct the project at their cost.  requirements.  RECOMMENDED FOR APPROVAL:  BUREAUCHIEF/REGION ENGINEER  APPROVAL: SIll  CHIEF ENGINEER  APPROVAL:,  NOEMBER. 1,Zor1 DATE  4  1-20  Rev. 10/2017  19    Exhibit. 2  DALE COUNTY PROPERTY TAX LEVY  WHEREAS, Act2014-4331 requirest that, atitsfi firstr regular meetingi inF February: 2022, thel Dale County Commission: shall levyt the general ands special adv valorem taxes fort the county for thet tax year which began on October 1, 2021;and WHEREAS, thet taxl levye established! byt the! Dale County Commission shalli include the rate orr rates atv whicht the taxes WHEREAS, pursuantt toA Act2 2014-433, the generala ands speciala ady valoremt taxl levies, rates, andy purposese establishedat thef first regular meetingi in February: 2022s shallr remaini inp placei in alls subsequent taxi years untila andi unless alteredb byt the NOWTHEREFORE BEI ITH RESOLVED: and orderedb byt thel Dale County Commissiont thatt thet followingt taxes areh hereby levieda att ther rate orr rates andf for the purpose orp purposes seto outb below, ands shalll be assesseda and collected fort thet tax year beginning October 1, 2021; andf fore each subsequent tax) year untila and unless altered! by the county commission  shall be assessed and collected and thep purpose orp purposest for each taxl levied; and Dale County Commission pursuant toac changei int tax rate by generall law.  pursuantt toac changei int tax rate bys general law; STATE: General Fund Old Soldiers Schools TOTALSTATE COUNTY: General Fund Road & Bridge Fund County Wide School County Wide School Hospital Jail TOTALCOUNTY SCHOOLDISTRICTS: Dale County #1 Dale County #1 Ozark City #41 Daleville Daleville Dothan Dothan Enterprise #48 MUNICIPALITIES: 020 Ozark 03 Ariton 04 Clayhatchee 051 Daleville 06 Grimes 071 Level Plains 081 Midland City 091 Napier Field 101 Newton 111 Pinckard 121 Dothan 131 Enterprise  2.51 Mills 0.0025 1.0Mill 0.001 3.0Mills 0.003 6.5 Mills 0.0065 7.0Mills 0.007 3.5Mills 0.0035 4.0Mills 0.004 I.OMills 0.001 3.0Mills 0.003 0.5Mills 0.0005 19.0N Mills 0.019 4.0Mills 0.004 1.01 Mills 0.001 4.0N Mills 0.004: 3.0Mills 0.003 2.0Mills 0.002 4.01 Mills 0.004 1.0Mills 0.001 4.0 Mills 0.004. 21.0Mills 8.0Mills 5.0Mills 5.0Mills 5.0N Mills 5.0N Mills 5.0.Mills 5.01 Mills 5.0N Mills 7.0Mills 5.0N Mills 17.5Mills  #63 #63 #60 #60  Total Mills 50.5 48.5 35.5 35.5 35.5 35.5 35.5 35.5 35.5 37.5 35.5 47.0  0.021 0.008 0.005 0.005 0.005 0.005 0.005 0.005 0.005 0.007 0.005 0.0175  0.0505 0.0385 0.0355 0.0355 0.0355 0.0355 0.0375 0.0355 0.0355 0.0375 0.0355 0.0470  Total Millage Collected int the County (no city limits)-30.5MILLS  BEITF FURTHER RESOLVED: and ordered byt the! Dale County Commissioni thatitdoesh hereby certify thist taxl levyt tothe countyt taxa assessing officialb by copy oft this resolution, whichl levyi includest the rate orr rates oftaxationa andt thep purpose or BE IT FURTHER RESOLVED and ordered by the Dale County Commission that, pursuant to Act 2014-433, this certification shallr remain inf fulli force ande effect untila and unless altered by the Dale County Commission pursuantt toa INWITNESSI WHEREOF, thel Dale County Commission! haso causedt this Resolutiont tol bee executedi init itsr namea andonits  purposes for which each taxi isl levied. changei in taxr rate by generall law.  behalf byi its Chairman ont thist the 8th day ofFebruary, 2022.  McKinnon Sf Steve Chairman. Dale Countv Commission    Exhibit 3  STATE OF ALABAMA DALE COUNTY  RESOLUTION OF THE DALE COUNTY COMMISSION  WHEREAS, the Dale County, Alabama, County Commission stands in opposition to any statewide policies or procedures that upon implementation will detrimentally impact the integrity andl lifespan of the county WHEREAS, iti is a well-known fact that any detriment to the county road and bridge system not only increases thei financial burden on the local taxpayers who fund the system but also endangers the safety of WHEREAS, the provisions of Senate Bill 157, proposed for consideration before the Alabama Legislature during the 2022 Regular Session, will undoubtedly cause significant damage to county roads and bridges byr removing the existing weight restrictions recommended bye engineering professionals nationwide to allow for logging trucks to transport the increased weight of almost 100,000 pounds per trip on public roads and WHEREAS, Senate Bill 157 specifically proposes to increase the allowable gross weight and axle weight for certain five-axle and six-axle logging trucks by 10 percent, an increase that is seemingly modest at face value but that, int the reality of physics, is much more significant and ultimately doubles the impact to WHEREAS, the county road and bridge system was largely underfunded and subsequently undermaintained for nearly 30 years andi is now undergoing significant repairt thanks to the Alabama Legislature's recognition in 2019 oft the dire state of county roads and! bridges; and WHEREAS, the impacts of Senate Bill 157 will not only negate the strides made byt the Alabama Legislature in 2019 to stabilize long-awaited funding for county roads and bridges but also jeopardize tens ofr millions of dollars int federal funding provided to the State of Alabama each year for the statewide WHEREAS, the proposals under Senate Bill 157 are clearly harmful to our county road and! bridge system, NOW, THEREFORE, BEI ITF RESOLVED BY THE DALE COUNTY COMMISSION thati it expresses its staunch opposition to the provisions and intent of Senate Bill 157 and any other legislation or policy  road and bridge system; and  the citizens who daily depend on the system; and  bridges;and  transportation infrastructure; and  adherence tot federal weight restriction guidelines; and  dangerous and costly to our citizens, and contrary to sound public policy.  modeled similarly.  DONE this 8th day of February, 2022.  sg  Steve McKinnon, Chairman    Exhibit4 4  SOUTH DALE EMS, INC. 68 Fourth Street Midland City, Alabama 36350 outhdAleom-ayAhoocon  February 1, 2022  Dale County Commission 202 Alabama Hwy. 123 Ozark, Alabama 36360  Re: Financial Assistance for South Dale EMS  Like most of you know, a lot of different agencies have struggled financially for well over a year, since the Spring of 2020, due to the COVID pandemic as well as the Employees of South Dale EMS have worked steadily to provide services for the citizens of south Dale County; i.e., the Town of Napier Field, the Town of Pinckard, At this time, South Dale EMS is requesting the Dale County Commission for assistance in the amount of $25,000, which will be used to purchase supplies, fuel, and pay salaries, etc. This money will make certain that the citizens ofthe southern part of Dale County will continue to receive the services that South Dale EMS  increase of operating costs.  the Town of Newton and the City of Midland City.  provides. Respectfully,  William (Bill) Pruett Board Chairman Jackie Strickland Board Member Cindy Gary Board Member  Bobby Borland Board Member Tracy Ballard Board Member    Exhibit5  AUFANPNITEPILNE  mW.Beymelasstret. . PA.Bex988. Ozark,AL36360  13341445-94481L2- 13341445-9445Fane  Paula Simmons Director  February 7,2022 Chairman McKinnon,  This letter is to inform you that The City ofOzark has made a decision to join Motorola. With that being said, 911 will need to update our radio consoles. I have received an estimate from Motorola in the amount ofs $316,980.78.1: am asking The County Commission to consider paying a portion of the cost in the amount of $105,660.26. Our department plays a vital role when emergencies arise and it is very important that we continue to have the best equipment to better serve our public safety and the citizens ofDale County. Please let me know if you have any  questions. Thank you for your consideration.  Respectfully,  Roua-umua  Paula Simmons    Exhibit 5  Customer Name Januaryz 21,2022 SECTION4- PRICING PRICING  Motorola Solutions is pleased to provide the following equipment and services to Dale County E911:  Primary Console Design:  Total Equipment, Software and licenses Installation, Implementation Services, Project Management System List! Price Total State of Alabama T300 Contract Equipment Discount Q1 2022 Incentive FINAL SALERRIEE  $293,400.25 $137,556.00 $430,956.25 $58,975.47 $55,000.00. 3164807  Warranty/Mamtenance and SUA H for Years 2-6 (NOT INCLUDED! IN TOTAL)  2023 2024 2025 2026 2027  $19,000.00 $19,000.00 $19,000.00 $19,000.00 $19,000.00 9500000  3 e oningent a0 4D ORE GEeen  Use or disclosure oft this proposali iss subject tothen restrictions ont thec cover page.  Ozatk-DaleCounly! E911 MCC7500E Motorola Solutions Corifiéntiall Restricted  4-24    Exhibit 6  BULL & SIMECHAK ATTORNEYS AT LAW, LLC P.O. Box 1161 285SU Union Ave Ozark, AL36360 Phone: 334-774-1124 Fax: 334-774-1134  J. NICHOLAS BULL Attorney jnbullegmail.com  MATTHEW T. SIMECHAK msimechakegmailcom  Attorney  February 2nd, 2022  Mr. Chairman,  There will be an agenda item on the February 8th, 2022 meeting of the Commission regarding approving a settlement in the lawsuit between the Commission and Echo Logging. Irecommend that the Commission, during said meeting, move into executive session for the purpose of discussing a pending legal matter. The executive session is necessary at this time, because the discussions, if held in public, would disclose information protected by the Alabama Trade Secrets Act, as authorized under Ala. Code 36-25A-7(a)(3) which protects discussions with the Commission's attorneys when discussing ". the legal ramifications of and legal options for pending litigation. : : . which is what will be discussed during this Executive Session.  Further, Mr. Chairman, due to the necessity to discuss how this legal settlement may effect county finances and budgetary concerns, it is recommended that the County Administrator be  present for this Executive Session.  Due to the topic of discussion, it is recommended that the Commission not adjourn immediately upon conclusion oft the executive session, but to return to the general business meeting, as a vote  on whether or not to accept the settlement will be necessary at that time.  Sincerely,  Matthew' T. Simechak Assistant County Attorney Dale County