COTRA  ISS  Dale County Commission  Commission Meeting Minutes - August 9, 2022  The Dale County Commission convened in a regular session Tuesday, August 9, 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 10:00am. Commissioner Wilson opened  with the Pledge of Allegiance. Commissioner Carroll followed with prayer.  APPROVED = AGENDA  Commissioner Gary made a motion to approve the agenda with the following addition:  Appropriation for Level Plains Volunteer Fire.  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 93837-93983. Payroll Check Numbers: 154828 154833. Direct Deposit Check Numbers: 421792-421932.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes August 9, 2022  Page2of4  APPROVED  MINUTES  Commissioner Gary made a motion to approve the Minutes of the Commission Meeting  on July 26, 2022 and Special Called Meeting August 1, 2022.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL - NEW HIRES  Commissioner Carroll made a motion to approve the following:  Maintenance Dept. - New Hire - Shaniqua McCray - Custodian  Jail - part/time - Carlisle M. Miller - Jailer Jail - part/time - John W Thornton III - Jailer  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL - COMMITTEE  Commissioner Grantham made a motion to approve a committee for the hiring of a County Engineer: Steve McKinnon, Chris Carroll, Cheryl Ganey, Linda Miller, and Aaron Meeks. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL - NEW JOB DESCRIPTION  Commissioner Gary made a motion to approve a job addition to the Classification and Pay Plan and posting to fill position: Information Technology (IT) Technician - Risk Management.  See Exhibit 1.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL - COST OF LIVING RAISE  Commissioner Wilson made a motion to approve cost of living raise and budget adjustments.  See Exhibit 2.  Commissioner Grantham seconded the motion, all voted aye. Motion carried.    Dale County. Commission  Commission Meeting Minutes - August 9, 2022  Page 3of4  APPROVED  ARPA FUNDS EXPENDITURE REVIEW. F REAPPRAISAL  Commissioner Gary made a motion to approve the IAC to review expenditure for vehicle =  Reappraisal Dept. = estimated $35.000.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - ARPA FUNDS EXPENDITURE REVIEW - ROAD & BRIDGE Commissioner Carroll made a motion to approve the IAC to review expenditure for tractors  (4) Road & Bridge = estimated $410,000.00  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - INMATE COMMUNICATIONS SYSTEM- - JAIL  Commissioner Wilson made a motion to approve the amended inmate communication agreement with CSolutions. Previous agreement approved July 12, 2022. See Exhibit 3. Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - LONGEVITY BONUS TO RETIREES  Commissioner Gary made a motion to approve an one-time lump sum payment of longevity bonuses to Dale County's retirees and budget adjustment. Total payment of $38,456.00 to be  reemitted to the Retirement Systems of Alabama. See Exhibit 4.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED = CANCELLATION AND RESCHEDULE MEETING  Commissioner Grantham made a motion to approve the cancellation of the regularly scheduled Commission meeting of 08/23/22 and reschedule to 08/30/22. Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - FUNDS FOR TOWN OF PINCKARD  Commissioner Carroll made a motion to approve funds for transportation planning services to  support Town of Pinckard for the SR-123 study $4,000.00. See Exhibit 5. Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes August 9, 2022  Page4of4  APPROVED = APPROPRIATION - LEVEL PLAINS VOLUNTEERFIRE  Commissioner Gary made a motion to approve an appropriation of $25,000.00 to Level  Plains Volunteer Fire Department. 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, August 30, 2022 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Gary made a motion to adjourn the meeting. Commissioner Wilson seconded  the motion. All voted aye. Motion carried.  It_is 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.  Shh ZhLa  Steve McKinnon, Chairman    Exhibitl  Information Technology (IT) Technician - Risk Management  Division Commission Reports To Administrator Job Summary  Department Commission  Location  Dale County Commission  Provide installation, repair and upkeep oft the computer, communications networks, and time and attendance software throughout the properties of the Dale County Commission. Oversee cyber security awareness and training. Assists in managing risk management programs. Fill in as  needed by Commission. Duties and Responsibilities  1. Install, configure and upgrade, computer hardware, software, and attached peripherals, network and desktop operating systems, applications and associated cabling.  2. Maintain work orders and job related documentation. 3. Ensure adherence to good safety standards. 4. Model and maintain high ethical standards.  5. Demonstrate initiative in the performance of assigned responsibilities. 6. Maintain expertise in assigned area to fulfill project goals and objectives.  7. Participate successfully in the training programs offered to increase skill and proficiency  related to assignment.  8. Keep supervisor informed of potential problems or unusual events. 9. Respond to inquiries and concerns in a timely manner. 10. Exhibit interpersonal skills to work as an effective team member.  11. Demonstrate support for the Dale County Commission and its goals and priorities. 12. Demonstrate initiative in identifying potential problems or opportunities for 13. Perform other tasks consistent with the goals and objectives of this position.  improvement.  14. Serves as active safety coordinator for Dale County.    Exhibitl  15. Maintains current SIDP information for all safety sensitive departments.  16. Conduct safety observation reports.  17. Provide recommendations for improving safety in the workplace. 18. Act as a liaison between management and external safety agencies.  19. Attends safety walks and inspections.  20. Investigate accidents that occur onsite and identify possible causes of the accident.  21. Attends yearly training for Dale County's SIDP program. 22. Maintain County Website and social platforms. administration and risk assessments.  23. Assists in managing risk management programs, including loss prevention, insurance    Exhibit 1  IT Technician  Supervisory Responsibilities - None  Physical Demands Standing Up to 33% 33-66%  Walking  Sitting 33-66%  Stooping, Kneeling, Crouching, Climbing or Balancing  33-66% Use Hands to Finger, Handle, More than 66% Tasting or Talking or Hearing Upt to: 33% More than 66%  Upi to 33% More than 66%  Reaching with Hands and Arms  LiftingUp to 10lbs Up to 25lbs Up to 50lbs Up to 100Ibs More than Up to 33% Up to 33% Upt to3 33% Up to 33% Up to 33%  Vision: Close Vision Distance Vision  Depth Perception Ability to Adjust  Yes Yes  Yes Yes  Yes  Yes  Color Vision Peripheral Vision  Specific physical duties  Body movement or mobility to move, stoop, sit, stand, walk and bend. Exerting up to 50 pounds offorce occasionally, and/or up to 20 pounds of force frequently and/or up to 10 pounds of force as needed to move objects. Must see well enough to read computer screens and manuals. Noise: Very Quiet Quiet Moderate Loud Noise Very Loud Noise  Yes  Ves Yes  Ves  Yes  Specific Noise Duties  Hear well enough to understand verbal and telephone communications; hearing aid acceptable. Speak well enough to politely and effectively communicate with co-workers and general public.  Exposure to a general office environment.  Comments  Must be willing to work overtime, wear appropriate office attire, and travel occasionally.    Exhibit 1  IT Technician Job Specifications  Knowledge of computing hardware and software. Knowledge of operating systems and networks. Knowledge of] phone systems. Knowledge. ofj programmable HVAC. Knowledge oft time and attendance software. Ability to troubleshoot hardware and software. Ability to communicate effectively orally and in writing. Ability to conduct workshops and training.  Ability to build, repair and service a variety oftechnology equipment.  Education and technology. Work Experience  High School Diploma or GED equivalent. Post-secondary training in electronics, networking  Experience in all of the above preferred.  Licenses  Valid Alabama Drivers' License. Must be insurable.  Preferences  Previous Information Technology experience.  Approved    Exhibit 2  4  Dale County Commission  202 Hwy 123 South, Suite C, Ozark, AL 36360  Commission Chairman Steve McKinnon  Commissioners Chris Carroll Donald O. Grantham District2 Charles W. Gary Frankie Wilson  County Administrator Cheryl Ganey  th AISS  District1 District3 District4  August 9, 2022  Re: Across the Board Raise  Effective September 7, 2022, the Dale County Commission grants a 15% cost of living adjustment to all County employees, full or part-time, except those in the General Excluded Service. Cost of living adjustments for elected officials shall be in accordance with the terms  of the Omnibus Pay Bill.    Exhibit3  AGREEMENT TERMS FOR INMATE COMMUNICATION SERVICES  Dale County Commission INTRODUCTION  INMATE COMMUNICATION SERVICES AGREEMENT  Inmate Calling Solutions, LLC /b/a/ICSolutions, with its principal place of business located at 2200 Danbury Street, San Antonio, TX 78217 (hereinafter "Vendor") and the Dale County Commission, with its principal place of business at 202 Highway 123 South, Suite C, Ozark, Alabama 36360 (hereinafter "Customer") hereby agrees to execute this Inmate Communication: Services Agreement  ("Agreement"), effective August 1, 2022 ("Effective Date").  1. AGREEMENT  1.1. Pursuant to Request for Proposal #2021-09-07 ("RFP"), Customer hereby awards this Agreement to Vendor and provides Vendor the exclusive right and privilege to install and operate all inmate communication services (Inmate Telephone Services and' Video Visitation Services) and related equipment at Customer's facility ("Facility"). Attachment 1 - Mandatory Requirements of the RFP is hereby incorporated into the Agreement and attached hereto as Attachment 1 = Mandatory Requirements. Details surrounding Customer's Facility and required equipment is found in Attachment 1, Section H (Facility  Specifications).  1.2. Vendor shall provide a turn-key inmate telephone system (ITS) which shall include inmate telephones and audio recording of visitation sessions. Vendor shall, at no cost to Customer, provide all wiring for the inmate and visitation telephones, install the inmate and visitation telephones and the related hardware and software specifically identified herein, to enable inmates at the Facility to make free, collect/direct bill, pre-paid and/or debit local, long distance and international calls and conduct visitation sessions from the Facility pursuant to 1.3. Vendor shall provide a turnkey video visitation solution (VVS) which shall include, without limitation, automated scheduling software, and completion of video visitation sessions. Vendor shall install and operate all video visitation stations and related equipment. Vendor shall, without cost to Customer, provide all wiring for the video visitation stations, install the video visitation stations and related hardware and software specifically identified herein, to enable visitors/end-users to schedule and complete video visitation sessions with inmates  thet terms seti forth herein.  from the Facility.  2. TERM  2.1. This Agreement shall commence upon the Effective Date above and remain in force for an initial term of 3 years with an expiration date of July 31, 2025 ("Initial Term"). This Agreement shall not bind, nor purport to bind, Customer fora any contractual commitment in excess oft the Initial Term. This Agreement will not automatically renew.  Page1of12    Exhibit3  3. VENDOR RESPONSIBILITIES  3.1. Vendor shall agree to allt terms and conditions seti forth int this Agreement, and Vendor shall agree tot the specifications, including, but not limited to, thet features and functionalities of ITSand VVS listed in Attachment 1 - Mandatory Requirements. IfCustomer designates an agent to act on Customer's behalf ("Designated Agent"), Vendor shall follow Customer's  direction in working with such Designated Agent.  NEGOTIATED TERMS  4. MINIMUM ANNUAL GUARANTEE  4.1. Vendor shall pay Customer al Minimum Annual Guarantee (MAG) in the amount of $25,000 for each year under this Agreement. If the total revenue share paid to Customer for Gross Revenues from August 1st through. July 30th of each year of the Agreement, and any renewal terms, are less than the MAG, the difference shall be due to Customer or its Designated  Agent on or before August 30th of each year.  5. UPFRONT SUPPLEMENTAL PAYMENT  5.1. Vendor shall pay Customer an upfront supplemental payment in the amount of $5,000  within 5 days oft the date the Agreement is executed by both parties.  6. REVENUE SHARE, PAYMENT AND REPORTING  6.1. Pursuant to Vendor's Proposal to RFP #2021-09-07, 7.1. Vendor shall pay Customer 70% revenue share on Gross Revenue generated by inmate telephones and the completion of inbound voicemail messages generated by and through the ITS. ITS Gross Revenue is defined in Attachment 1, Section I (RATES, FEES AND REVENUE SHARE), Subsection 1 (ITS RATES, 6.2. Pursuant to Vendor's Proposal to RFP #2021-09-07, 7.2. Vendor shall pay Customer 50% revenue. share on VVSGross Revenue generated byt the completion ofscheduledr Iremoter video visitation sessions generated by and through the VVS as defined in Attachment 1, Section I (RATES, FEES AND REVENUE! SHARE), Subsection2(VVS RATES, FEES AND REVENUE! SHARE). 6.3. Customer reserves the right to recoup from Vendor certain administrative and operational expenses ("Cost Recoupment Payment") in connection with the provision of inmate communication: services. Such Cost Recoupment Payment may take the form ofap per-minute rate, flat monthly payment, or other fee structure. The Cost Recoupment Payment shall be due and payable upon receipt of thei invoice by Vendor. Customer may accompany the Cost Recoupment Payment invoice with a supporting report documenting the administrative and operational expenses incurred by Customer in association with inmate communication services covered by the Cost Recoupment Payment. Customer does not require a Cost Recoupment Payment upon execution of the Agreement. In the event Customer wishes to utilize its option to implement the Cost Recoupment Payment, then, at Customer's request, Customer and Vendor shall negotiate in good faith an amendment to the Agreement reasonably acceptable to Customer to document Customer-imposed Cost Recoupment Payment. If Vendor and Customer are unable to mutually agree on such an agreement amendment within 30 days of Customer's request, then Customer may terminate the Agreement at its sole discretion and without penalty or liability to Customer, and Customer  FEES AND REVENUE SHARE).  may: select another provider.  Page2of12    Exhibit3  7. RATES AND FEES  7.1. Unless specifically stated otherwise, both parties herein mutually agree upon the rates and fees for inmate telephone calls and video visitation sessions as detailed in Attachment 1,  Section1( (Rates, Fees and Revenue Share).  8. ADOTIONALTECANOIOGY  8.1. Vendor shall supply the following additional technologies that shall have all of the features and requirements as specified Attachment: 1, Section E (ITS Requirements):  8.1.1. 8.1.2.  Voice biometrics and data analytics; and  Inbound Voicemail.  8.2. Vendor shall supply the following additional services and/or technologies; to be available on theinmate) VVSI kiosks with thei initalimplementation, including allf featuresandregurements  as specified Attachment: 1, Section F (VVS Requirements):  8.2.1. 8.2.2.  Electronic messaging via VVS: stations; and.  Electronic submission of requests and grievances via VVS stations.  8.3. Vendor shall supply the following additional technologies that shall have all of the features and requirements as specified Attachment 1, Section G (Additional Technology):  8.3.1.  Lobby kiosk.  9. RECONCILIATION  9.1. Customer, or its Designated Agent, shall have the right from the Effective Date of this Agreement and for a period of 2 years after the termination date of this Agreement, upon 10 business days' written notice, to fully reconcile or examine any and all of Customer information pertaining to this Agreement. Customer retains the right to have another independent Agency of Customer's exclusive choice, perform any or all reconciliations and 9.2. Vendor shall maintain accurate, complete and reconcilable records, in an electronic format, detailing the Gross Revenues from which revenue share payments can be determined for both the ITS and VVS. The records shall include all CDRS, direct-bill billing files and associated invoices, debit purchase or usage reports and associated invoices and commissioning reports during the term of this Agreement and for no less than 2 years after the term of this 9.3. Vendor shall pay resolved and agreed upon amounts due plus, in the event the foregoing reconciliation reveals an amount due Customer at least 5% above the amount otherwise paid for the period reconciled, Customer's reasonable cost of reconciliation, all within 30 days of the resolution date. If the agreed upon amounts are not paid within 30 days, the amounts due to Customer will accrue. interest at the rate of 1.5% per month, or the highest rate  examinations pertaining to this Agreement.  Agreement.  permitted by law (whichever is less) until such monies are paid.  10. ASSIGNMENT AND MERGERS/ACQUISTION  10.1. The services to be performed under the Agreement shall not be assigned, sublet, or transferred without 30-days advance written notification to Customer and then only upon  Vendor'sreceipt of Customer's written consent.  Page3of12    Exhibit 3  10.2. Upon receipt of Customer's written consent, any such purchaser, assignee, successor, or delegate shall thereupon assume all rights andr responsibilities ofVendor. However, Customer may assign any and/or all of its rights and obligations hereunder without Vendor's written consent but upon Customer'swritten: notice thereof to Vendor (i)t to anyaffiliate; (ii) pursuant to any sale or transfer of all or substantially all of its business or assets; (ii) pursuant to any merger, acquisition, or reorganization; or (iv) as part of a bona fide pledge to a third-party lending institution of collateral of the assignor'srights hereunder. 10.3. If during the Agreement term and any renewal term(s), Vendor merges or is acquired by another entity, the following documents must be submitted to Customer. 10.3.1. Corporate resolutions prepared by Vendor and the new entity ratifying 10.3.2. New Federal Identification Number (FEIN) ifapplicable; and, 10.3.3. Other documentation requested by Customer.  acceptance of all of the Agreement and its terms, conditions and processes.  10.4. Vendor expressly understands and agrees that it assumes andi is solely responsible fora alll legal and financial responsibilities related to the execution of a subcontract. Vendor agrees that utilization ofa subcontractor to provide any of the products/services in the Agreement shall inr noy wayrelieve Vendor of the responsibility for providing the products/servicesasd described  and set forth herein.  11. TERMINATION/DEFAUIT  11.1. In the event Vendor fails to perform anyt terms or conditions of the Agreement, Customermay consider Vendor in default of the Agreement and supply Vendor written notice of such default. Int the event said defaulti is not remediedi tot the satisfaction and approval of Customer within 30 calendar days of receipt of such notice, Customer may terminate the Agreement. Upon termination, Vendor shall adhere to the transition requirements as outlined in 11.2. The Agreement between Customer and Vendor may be terminated by Customer upon 90- days written notice from Customer to Vendor without penalty. Upon termination, Vendor shall adhere to the transition requirements as outlined in Attachment 1, Section D (General Installation Requirements). In the event that Customer terminates the contract for convenience prior to completion of the base contract term, then Customer shall reimburse Vendor for a pro-rata portion of the video visitation system's cost for each month that would 11.3. Shouldamaterial change int ther rules or policies oft the FCC or other regulatoryb bodyapplicable to inmate communication services occur following the execution of this Agreement, which change affects (i) the rates permitted to be charged by Vendor to inmates under the Agreement; (i) the right of Customer to recover its costs; or (i) the ability for Vendor to pay to Customer the revenue share, fees (including but not limited to the cost recoupment payment) or other cost recovery mechanisms, then, at either party's request, Vendor and Customer will negotiate in goodi faith an amendment tot the Agreement reasonably: acceptable to both parties while remaining compliant with the change in the FCC's (or other regulatory body's) rules or policies. If Vendor and Customer are unable to mutually agree on such an amendment within 30 days of the request, then either party may terminate the Agreement at its sole discretion and without penalty or liability to the other party, and Customer may  Attachment 1, Section D (General Installation Requirements).  have otherwise remained. ini thet full 3-year term.  select another inmate communication: services provider.  Page 4of12    Exhibit. 3  INDEMNIFICATION  11.4. Vendor shall defend, indemnify, and hold Customer and its affiliates, agents, employees, officers, directors, and successors harmless from loss, cost, expenses, damages or liability (including reasonable attorney's fees and court costs) resulting from actions, causes of action or claims brought or threatened under the Agreement, for () any actual or alleged negligence or dishonesty of, or any actual or alleged act of commission or omission by, Vendor or any of its employees, agents or subcontractors in providing the equipment and services hereunder; (ii) the operation of Vendor's business or thei inmate communication: services; (ii) any breach by Vendor of its obligations hereunder; or (iv) any alleged patent, copyright or trademark infringement or unauthorized use of trade secrets or other proprietary rights in connection witht thei inmate communication: services, except where such claims, demands or liabilities are 11.5. Customer agrees to provide Vendor with reasonable and timely notice of any claim, demand, or cause of action made or brought against Customer arising out of or related tot thes services rendered by Vendor shall have the right to defend any such claim at its sole cost ande expense and with its exclusive discretion. Customer will promptly advise Vendor of any proposed agreement to compromise or settle any claim and Vendor will have 10 days to respond to 11.6. In the event any infringement claim is made or threatened against Customer, or injunctive reliefi is granted to a claimant, Vendor shall at its sole cost and expense () obtain the right for Customer to continue use oft the services; (ii): substitute other services of like capability, or (ii) replace or modify the services to render them non-infringing while retaining like capability. In the event Vendor is unable to perform any of the above, Customer may terminate this Agreement upon providing 60 days written notice to Vendor and' Vendor shall be responsible for all of Customer's costs and expenses of whatever nature or kind in connection therewith. 11.7. These indemnities and remedies shall survive the expiration or other termination of the  due tot the negligence of Customer, its agents or employees.  such proposal.  Agreement.  12. INSURANCE  12.1. During the period of the Agreement, Vendor at its own expense agrees to carry and maintain the following minimum insurance policy of public liability and property damage issued by a casualty company authorized to do business in the State of Alabama and in a standard form approved by the Board of Insurance Commissioners in the State of Alabama. The insurance company should have a Best Rating of no less than A. Coverage provisions should insure Customer from any loss or damage that may arise to any person or property asaresult oft the servicesrendered by Vendor subject toi insurance policy terms and conditions. 12.2. Vendor shall provide Customer with 30 days advance written notice of cancellation or 12.3. Annual renewals for the term of this policy should be submitted prior to the expiration date 12.4. Vendor shall provide Customer a Certificate of Insurance, on an original ACORD certificate, evidencing required coverage described below, within 10 days after receipt of notice of award. Said certificate shall show Customer as an additional insured and shall include a  material changes ins said insurance.  of any policy.  waiver of subrogation.  Page 5of12    Exhibit3  Automobile Liability General Liability  Bodily Injury - Each Person Bodily Injury- = Each Accident Bodily Injury or Death - Each Person Property Damage - Per Incident (Resulting in Injury/Destruction of Property)  $250,000.00 $500,000.00 $1,000,000.00 $500,000.00 $1,000,000.00 Statutory  Excess Liability  Umbrella Form Worker's Compensation  12.5. Customer agrees to provide Vendor with reasonable and timely notice on any claim, demand or cause of action made by or brought against Customer arising out of the service provided by Vendor. Vendor shall have the right to defend any such claim at its sole cost and expense 12.6. Fora any person or contractor with whom Vendor enters into a contract to provide the services  and with its exclusive discretion. defined in this Agreement, Vendor must:  12.6.1. Provide a certificate of coverage, for all persons providing the services defined in  this Agreement. Coverage shall be based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets showing extension of coverage if the coverage period shown on Vendor current certificate of coverage ends during the duration of the project.  the statutory requirements of Alabama Labor Code.  12.6.2. Provide a new certificate, prior to the end of the coverage period, of coverage 12.6.3. Retain all required certificates of coverage for the duration oft the project and for 12.6.4. Notify Customer in writing, within 10 business days after Vendor knew or should  2y years thereafter; and  have known, of any change that materially: affects the provision of coverage ofany  person providing services on the project.  13. DISCREPANCY  13.1. Should a discrepancy or conflict among the specific provisions of this Agreement and its attachments, RFP #2021-09-07 and its attachments, and' Vendor's Proposal, the discrepancy 13.1.1. The specific provisions of the Agreement Terms (and its attachments) will prevail 13.1.2. The RFP and its attachments will prevail over Vendor's Proposal.  or conflict shall be resolved as follows.  over the RFP and its attachments.  13.2. Exceptions or objections to specific RFP provisions in Vendor's Proposal that have not been explicitly accepted by Customer in writing shall not bei included in this Agreement and shall  be given no weight or consideration.  Page6of12    Exhibit3  14. SUBCONTRACIS  14.1. Any subcontracts for the products/services described herein shall include appropriate provisions and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by Vendor and Customer and to ensure that Customer is indemnified, saved and held harmless from and against any and all claims of damage, loss and cost (including attorney fees) of any kind related to a subcontractor in those matters described in 14.2. Vendor expresslyunderstands and agrees that it assumes andi is solely responsible for all legal and financial responsibilities related to the execution of a subcontract. Vendor agrees that utilization of a subcontractor to provide any of the products/services in this Agreement shall in nov way relieve Vendor ofthe responsibility for providing the products/services as described and: set forth herein. Vendor shall identify any subcontractors used to provide services under 14.3. In the event of unsatisfactory performance, as determined by Customer, Customer may request to substitution of a subcontractor utilized by Vendor to fulfill the obligations under  this Agreement.  this Agreement.  this Agreement.  15. FORCE MAJEURE  15.1. Neither party shall be held liable for any delay or failure in performance of any part of this Agreementf from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or militaryauthority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections; fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, ,volcanic: action, otherr majorenvironmentaldisturbances, or unusual  weather conditions.  16. NOTICE  16.1. Any notice required by this Agreement shall be supplied in writing in electronici format and/or delivered in person or by registered or certified mail addressed to the party's address listed below. Notice shall be presumed to have been received 5 business days after it is deposited  ina a U.S. Postal Service depository. FOR CUSTOMER: Dale County Commission Attn: Cheryl Ganey 202 Highway 123 South, Suite C Ozark, AL 36360  FOR VENDOR: Inmate Calling Solutions, LLC Attn: Chris Markham 2200 Danbury Street San Antonio, TX 78217  17. ADDITIONAL REQUIREMENTS, AND SPECIFICATIONS  17.1. Vendor shall provide any and all notices as may be required under the Drug-Free Workplace Act of 1998, 28 CFR Part 67, Subpart F, and any applicable Alabama state laws, to the employees and all subcontractors to ensure the Facility maintains a drug free workplace. Customer reserves the right to review drug testing results of Vendor's personnel assigned to work at the Facility. Customer may require, at Vendor's expense, drug testing of Vendor's personnel if no drug testing records exist or ifsuch test results are older than 6r months.  Page 7of12    Exhibit3  17.2. Vendor does not and shall not during the performance of this Agreement knowingly employ an unauthorized alien as definedi in the Federal Immigration Reform and Control Act of 1986.  17.3. Vendor shall comply with Alabama State Law Act No. 2011-535.  18. MISCELANEOUSTERMS 18.1. Independent Vendor  Nothing in this RFP is intended nor shall be construed to create an employer/employee relationship, a joint venture relationship or any other relationship allowing Customer to exercise control over the manner or method by which Vendor or its subcontractor perform  under the Agreement. 18.2. Interpretation  This Agreement shall be interpreted under, and governed by, the Laws of the State of Alabama. The parties hereto agree that any action relating to this Agreement shall be  instituted in al Federal Court in Dale County, Alabama.  18.3. Severability  Ifany part of this Agreement is contrary to any Federal, State or Local law, iti is not applicable and such invalidity shall not affect the other provisions or applications of this Agreement which can be given effect without the invalid provision or applications. To that end, the provisions of this Agreement are declared to be severable. If any provision hereof is held invalid by a Court of competent jurisdiction that provision shall be automatically deleted, and  all remaining provisions shall remain in full force and effect.  18.4. Entirety, Waiver, and Modification  This Agreement, together with any attachments, represents the entire understanding between Customer and Vendor (collectively "Parties") with respect to the subject matter hereof and supersedes all prior communications, agreements and understandings relating thereto. Onlya written instrument executed by the Party waiving compliance may waive or modify the terms of this Agreement. The failure of either Party at any time to require performance of any provision hereof shall in no manner affect the right at a later date to enforce the same. No waiver by either Party of any term of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be a further or  continuing waiver of such term or of any other term of this Agreement.  18.5. Confidentiality  18.5.1. The Parties hereto shall keep confidential any and all information which either  Party states to be confidential or proprietary and so advises the other Party or labels thei information as such ("Confidential Information"). Suchi information: shall remain the property of the Party owning such information and, when in tangible form: shall be returned to the respective party or otherwise disposed of as directed by the appropriate Party. Any violation of this provision by either Party shall be actionable. However, notwithstanding the foregoing, neither Party: shall be under any obligation to maintain in confidence any portion of the information it has received which () is now, or which becomes hereafter through no act or failure to act on the part of the receiving Party, generally known or available to the public; (i) is already known by the receiving Party at the time of the disclosure of such information and was not under any obligations of confidence; (ii) is hereafter furnished to the receiving Party! by a source other than the owner, provided such source is not known by the receiving Party to be prohibited from disclosing such information by a contractual, legal or fiduciary obligation; (iv) has been  Page8of12    Exhibit3  independently developed byt the receiving Partyv without benefit oft the confidential or proprietary information of the other; or, (v) is required to be disclosed by any applicable law or regulation or by order of any governing body or court of competent jurisdiction; provided however, that the Party being required to disclose the confidential or proprietary information of the other must promptly notify the owner of same of the demand for such disclosure and such disclosure to a government entity pursuant to law, order or regulation shall not provide a basis for any additional disclosure of such information by either Party. 18.5.2. Each Party including its agents and representatives shall: (i) follow reasonable procedures to protect and maintain the confidentiality of the Confidential Information; (i) not disclose, or allowt to be disclosed, the Confidential Information to any party other than to its employees, contractors, officers, or directors who have a need to know in order to perform the services contemplated under this Agreement, and are under the same binding obligation of confidentiality provided herein with respect to any such information; (ii) not use the Confidential Information for any purpose other thant to perform under this Agreementand, (iv) treat all Confidential Information of the other Party with the same degree of care toa avoid disclosure to third parties as it uses with respect to the recipient Party's own Confidential Information, but not less than a reasonable degree of care.  18.6. Dispute Resolution  The parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between senior executives of the parties who have authority to settle the same. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach aj just and equitable solution satisfactory to both parties. Disputes or controversies related to this Agreement not resolved through. negotiation within a period of 60 days shall be governed by and interpreted in accordance with the laws of Alabama without regard to its conflicts of law provisions. In the event of litigation relating to this Agreement, the parties agree to submit said dispute to the Inr no event shall either party be liable hereunder for loss of profits, loss of goodwill, consequential or punitive damages of any! kind regardless of thei form or theory of any claim andi irrespective of whether such party has been advised oft the possibility of such damages. Itis expressly understood that Customer is not responsible in any way, manner, or form for any of Vendor's costs, including but not limited to, taxes (including sales tax), shipping charges, network charges, insurance, interest, penalties, attorney fees, liquidated damages, licenses, fees, tariffs, or other costs related to any and all Vendor's services. Vendor agrees that it is entirely responsible for calculating, collecting and remitting all fees and taxes, including sales tax where applicable, on all services and items provided. to the inmates. Including, but not limited to, any and all taxes as applicable for the inmate communication services such as collect/direct bill, debit, pre-paid and any other calls, videos visitation sessions  jurisdiction of Alabama courts. 18.7. Limitation of Liability.  18.8. Vendor Costs and Taxes and Fees on Services  and Tablet applications and transactions.  19. LIQUIDATED DAMAGES  19.1. Vendor's failure to meet Agreement requirements both correctly and on time may result in substantial injury to Customer; the amount of damages resulting from such failure may not always be quantified with certainty. Each failure to meet a requirement, both correctly and  Page9of12    Exhibit3  on time, may be subject to fines and liquidated damages as outlined herein. Any enforced fines/liquidated damages will be invoiced by Customer to Vendor. Payments due Customer fort the invoiced amount(s) shall be due within 30 days ofvendor'sreceipt of thei invoice.  LIQUIDATED DAMAGES  Description  Amount  AII Inmate Communication: Services  $350.00 per day from the date the  Any charges/fees addedt to the called party's billo ora account additional charges/fees were first or inmate without the express written consent of added through the date the Customer.. Any changestot thef fees/chargesappled" to end- charges/fees were discontinued. express written approval of Customer. Vendor must issue $5.00 per kiosk deposit transaction refunds to all overcharged end-users within 5 business with unauthorized fees/charges days; a list of the issued credits must be provided to applied to end-user's bill plus refund of Customer as documentation. Vendor shall issue refunds the overcharged amount to end-user's for overcharges on cash deposits by crediting the amount credit/debit card or to inmate's of the overcharge to the inmate account for which the account for cash deposits.  user's bill for deposits on the Lobby Kiosks without the  deposit was made. AlI Inmate Communication: Services  $2.00 per completed, unauthorized  Unauthorized free calls, free video visitation sessions or free call, video visitation session or  other authorized paid transactions completed by Vendor other transaction. Revenue share payments, ITS traffic detail reports, CDRS, amount due. VVS detail reports, Kioskst transaction detailireportsand/or  without charge.  All Inmate Communication Services  5% per month of the revenue share  all other reports not containing the required. fields, $750.00 per month fore each report not received by Customer after the date specified in received by the due date specified or Attachment 1, Section A (General Conditions). If the for each report that does not contain revenue share payment is late, reporting is late and/or all of the fields and information reports do not contain all required fields, late identified in Attachment 1, Section A charges/interest for all three shall apply. Revenue share (General Conditions). Customer's reasonable satisfaction, within 30 days of $100.00 per day for any daily CDR receipt of notification of a discrepancy from Customer reports not submitted by Vendor, for and/or its Designated Agent or such discrepancy is subject each day where the CDR report does to late charges, as described and/or termination of this not contain all of the fields and Agreement at the sole discretion of Customer and/or any information identified in Attachment Any changes to the rates/fees for ITS, VVS, electronic visitation session, electronic message messaging or touchscreen payment kiosks fees without or touchscreen which was the express written approval of Customer, may make rated/charged using the unauthorized  payment discrepancies must be resolved by Vendor and to  legal course of action Customer elects to pursue. All Inmate Communication Services  1,Section A (General Conditions). $2.00 per completed call, video  Vendor liable for liquidated damages.. Vendor must issue rates(s). refunds to all overcharged end-users or inmates within 5 business days; al list of thei issued credits must be provided to Customer as documentation. Customer will noti issue a refund of revenue-share for unapproved rate increases.  Page 10of12    Exhibit3  LIQUIDATED DAMAGES (Continued)  Description  Amount  All Inmate Communication Services  $500.00 per day for each day the bill  Any bill types, transactions or applications implemented or type, transaction or applications is removed regarding the processing and/or completion of implemented or removed.  inmate telephone calls, video visitation sessions or messaging transmission without the express written  consent of Customer. AlI Inmate Communication Services  $500.00 per day for each day the after  Due to Vendor's action(s), if any installation, initial or the agreed-upon date until the additionally requested inmate communications installation is complete.  equipment is not completedwithint thet timeframe allowed int the agreed-upon implementation plan. AlI Inmate Communication Services  $500.00 for each day after the Cure  Vendor shall be responsible for resolving any reported Period and for each reported repair or repairs, replacements or service quality issues within 10 replacement that Vendor fails to days following the date of notification of a service request resolve, until each reported repair or or inmate communication service failure ("Cure Period"). replacement is resolved by) Vendor.  Should Vendor fail to resolve the reported repair or replacement within the specified Cure Period, Vendor may When Customer suffers one or more lost, unrecoverable, or un-useable inmate call, video visitation session recording(s), or electronic messages. Customer agrees to notify Vendor of such instances and provide up to 7 days per instance for Vendor to produce the call recordings. All Inmate Communication Services Vendor shall adhere to Customer's performance process when upgrading each inmate communications service, software, equipment, or performing any changes to the inmate communications that affect the scope under this Agreement. Any deviation from the process may result in liquidated damages incurred by Vendor. All Inmate Communication Services Vendor shall adhere to Attachment 1, Section D (General Installation Requirements) when transferring attorney telephone numbers from the incumbent's system to Vendor's system. Calls to attorney telephone numbers shall not be recorded. Should an attorney call be recorded due tol Vendor'sfailure to properly transferandi format the inmate numbers or Vendor enters the attorney number without formatting the number as privileged or do not. record, may result in liquidated damages incurred by  be liable for liquidated damages. All Inmate Communication Services  $1,000.00 per occurrence.  $500.00 per occurrence.  $1,000.00 per occurrence  Vendor.  Page 11of12    Exhibit3  In Witness Whereof, the Parties have set their hands as ont the day andy year written below, acting  through their authorized representatives. Dale County Commission Shs SAET Authorized: Signature  Inmate Calling Solutions, LLC  Authorized Signature  Skei Mkauw  Typed or Printed Name Chlconw  Typed or Printed Name  Title  Title  Date  ashgke  Date  Page 12of12    Exhibit 4  RESOLUTION-ACT 2022-229  (Local Unit Retirees and Beneficiaries of Deceased Retirees)  Beitresolved that the  Dale County Commission  through its governing authority, elects to come under the provisions of Section 2 of Act 229 of the Regular Session of the 2022 Legislature. all funds necessary to the Employees' Retirement System to cover the cost of the one-time lump sum payment as provided for by this Act for those eligible retirees and beneficiaries of deceased retirees of aforementioned lump sum payment being paid in October 2022.  The  Dale County Commission  agrees to provide  Dale County Commission  with the  CERTIFICATION  I,. Steve McKinnon, Chairman, Dale County Commission  hereby certify that  the foregoing is a true and correct copy of the Resolution passed  on this  09th  day of August  2022.  Shr Ahans Signature of Official Chairman Official Title    Exhibit 4  Teachers Luther! P. Hallmark, Chair John R. Whaley, Vice Chair  Employees State Statel Police Public Judicial Kay Ivey, Chair James E.I Fibbe, Vice Chair  THE RETIREMENT SYSTEMS OF ALABAMA  David G. Bronner, CEO May 11, 2022  JoN Moore, Deputy Director for Administration  R. Marc Green, Deputy Director forl Investments  DALE COUNTY COMMISSION MAIN OFFICE 202 SOUTHH HWY 123 SUITE C OZARK, AL 36360  Unit Code: EDCC  Act 2022-229 of the Regular Session oft the Alabama Legislature provides your agency with the opportunity to grant a one-time lump sum payment to retired members and beneficiaries of deceased retirees who retired prior to March: 1, 2022 and are entitled tor receive ar monthly retirement benefit fromi the Employees' Retirement System (ERS) on September 30, 2022. The Act provides for the retiree to receive a one-time lump sum payment of $2.00 for each month of service credited to the retiree's account or al beneficiary ofa a deceased retiree. Payment will be made in October 2022 separate from the monthly Ify your agency elects to grant the 2022 one-time lump sum payment, your estimated costi is $38,456.00 whichy will require 0.93%1 tol be added to your agency'semployer contribution rate effective for the one year period from October 1, 2023- September 30, 2024, or your mays submit a one-time lump sum payment remitted with the resolution to cover the cost. To grant the provisions of Act 2022-229 for retirees and beneficiaries ofy your agency, the governing authority ofy your agency must adopt and submit al Resolution. Ai fillablet form Resolution can bei found on the RSA website at https://www.rsa- go/uploads/les2022 Lump Sum Resolution Retiree fillable.pdf. Resolution to adopt the provisions of Act 2022-229 must ber received byt thel ERSI nol later than August 31, 2022. Please note that there is no provision that willa allow the one-time Any retiree or beneficiary whose eligibility for Medicaid benefits isi impaired by this payment shall not be entitled to receive Ify you have any questions regarding thei implementation of the provisions of Act 2022-229, please contact my office at (334)  retirement direct deposit.  lump sum payment to be granted retroactively.  payment ands should notify this office to request that thei increase not be granted.  517-7000 or 1-877-517-0020.  Sincerely, William F. Kelley, Jr. Director Employees' Retirement System  (Mailing Address) P.O. Box 302150 . Montgomery, AL36130-2150 (Officel Location): 201 South. Unions Street . Montgomery, AL  334.517.7000 or8 877.517.0020 www.rsa-al.gov    Exhibit 5  SAIN ASSOCIATES Mayor Robert Borland Town of Pinckard 1309 Hwy 134 Pinckard, AL 36371 Paul Gilliam, P.E., PTOE Sain Associates; Inc. Two Perimeter Park S, Suite 500E Birmingham, AL 35243  WORK AUTHORIZATION #1  E  TO:  DATE:  July 6, 2022  PROJECT #: 200154 SUBJECT:  FROM:  SR-123 Travel Forecasting Study  SCOPE  Sain Associates will provide professional transportation planning services to support the Town of Pinckard and ALDOTwith travel demand modeling effortsinsupport oft the SR-123Study. Thes study will evaluate the regional system impacts and develop forecasts for widening and improving SR-  123 between Ozark and Hartford. General Scope of Services 1. Model Expansion 2. Travel Demand Forecasts 3. Meetings 4. Documenigtion/Recommendations General Study Area Description Description of Scope of Services 1.3 Model Expansion  The proposed study areai isi illustrated on the following page.  Sain will make the necessary adjustments to the highway networks, demographic files, and model scripls/opplications to expand the existing SWAMPO travel demand model west of SR-123  approximately 2 miles west of SR-123). This model expansion willi include:  Adding additional highway network to the existing travel demand model. This will include coding in the highwayf functional class, the number of lanes by direction, speed, and area type attributes. Additional centroid loadings will be added to the highway network to properly load the revised network based on existing and future land use conditions.. Updating the demographic files for the base year and horizon year to reflect the expanded highway network. Socioeconomic data, including population, households, retail employment and non-retail employment will be estimated from U.S. Census, Bureau of Labor Statistics, InfoUSA, and any relevant information in existing land use and/or  comprehensive, plans.  Two Perimeter Park South, Suite 500 East Birmingham, Alabama 35243 Ip: 205.940.6420 IF:205.940.6433 |sain.com    Exhibit5  Work Authorization #1 I SR-123 Study I July 6, 2022  Travel Forecasting Study I Houston, Dale, and Geneva Counties, AL I SA #200154  Page 12.  TENNESSEE,  51)  105  Ozark 123 Dale County3  ALABAMA  Coffee County Enterprise E (67  Newton  FLORIDA  Daleville  B4 123)  B4 Dothan 62) 233 210  Study Area  Houston County  Hartford Geneva County  233  103  (79 SAIN ASSOCIATES  79)  SR-123 Study Area Map Proposed SR-123 Southeast Alabama E  Study  n SCALE  SAIN ASSOCIATES    Exhibit 5  Work Authorization #1 I SR-123 Study I July 6, 2022  Travel Forecasting Study I Houston, Dale, and Geneva Counties, AL SA#200154  Page 13  Update the existing model scripts and application files to run the revised model geography. This will include all necessary model script debugging and tests which will Avalidation of the updated travel demand model willl be conducted. This task will consist of a screenline assessment of the travel demand model daily volumes compared to existing daily counts at the same locations. As travel behavior in the year 2020 was impacted by COVID, traffic counts from the years 2019 and 2021 will be used for model Updating and expanding the SWAMPO model also benefits SWAMPO and the local jurisdictions in the region by allowing them to evaluate future growth patterns and transportation projects in The updated travel demand model will be used to develop the year 2045 daily forecasts for the SR-123 corridor. The forecasting analysis willi include a summary of daily volumes along the SR-123 corridor as well as changes in volumes to other facilities in the Dothan region. A preliminary recommendation oni the feasibility of the project willl be prepare based on the forecasting results. For the purposes of preparing a fee, our budget includes preparation for and attendance at one Sain will document the model validation and travel demand forecasting results in a technical The following services are excluded from this proposal but can be providedi if deemed necessary  include running the model on different computers and directories.  validation purposes.  the rapidly growing west side of the Dothan region.  2. Travel Demand Forecasts  3. Meetings  virtual and one in-person meeting with the City and ALDOT.  4. Documenigtion/Recommendations  memorandum. andi requested by you: Traffic capacity analysis Safety analysis Public engagement Concept design Environmental evaluations  II. BUDGET  We propose to provide the services on a lump sum fee basis. Expenses are included in the lump sum fees.  Network Coding. Demographic Files Model scripting/Debugging/Vdlidation. Travel Demand Forecasts. Meetings preparation and attendance (2). DocumentationRecommendations  Lump Sum $22,000 Lump Sum $22,000 Lump Sum $10,000 Lump Sum $8,700 .Lump Sum $2,000 Lump Sum $10,500  TOTAL. III. STATUS 2022.  $75,200  We are available to start work immediately. We anticipate completing the study by the end of  SAIN ASSOCIATES  E    Exhibit 5  Work Authorization #1 I SR-123 Study I July 6, 2022  Travel Forecasting Study I Houston, Dale, and Geneva Counties, AL ISA#200154  Page 14  IV. PROPOSAL LIMITATIONS  We reserve the right to withdraw or modify this proposali if not contracted within 60 days. Sain Associates has provided this proposal with the understanding that youl have selected our firmi top perform professional services based upon our staff's qualifications, experience and reputation and not solely upon the cost of the services proposed. We trust the fees outlined herein are acceptable and within your project budgetary plans. We look forward to commencement of the work and will be glad to address any questions or concerns you have regarding the technical scope and/or schedule of fees for this proposal. If you should request additional prices for the scope of work included herein from other consulting engineers and/or land surveyors, please  consider our proposal withdrawn.  Sincerely, SAIN ASSOCIATES, INC. Bsic Paul Gilliam, P.E., PTOE Senior Project Manager/Asociate. I Transportation  OFFERED: SAIN ASSOCIATES, INC. BY: Becky White, PTP Sr. Principal ICOO  Signature of Authorized Representative  Date: ACCEPTED: TOWN OF PINCKARD BY:  Signature ofA Authorized! Representative  Print Name &1 Title  Date:  SAIN ASSOCIATES  E    Exhibit: 5  SAIN ASSOCIATES, INC. TERMS AND CONDITIONS  Rates: Principal. Engineer/Planner. Senior Engineer.. GISF Professional. Designer. Surveyor. Survey Crew (1-Person). Survey Crew (I-Person Robot). Survey Crew (2-Person).. Survey Crew (3-Person). Survey Per Diem. Administrative: Support Reimbursable Expenses Payment  $190.00- $275.00 perk Hour $98.00- $148.00; perk Hour $150.00- $210.00 perk Hour $125.00- $135.00p per Hour $87.0 .00-$125.00p perk Hour $100.00- $140.00 perk Hour $100.00, perk Hour $150.00 per Hour $175.00, perk Hour $215.00, perk Hour $150.00 per person per Night $60.00-$75.00; perk Hour  Printing, contract cariers service, andt travel expenses arei includedy within Consultant's! basic fee.  Payment fors services by. Consultant ist tol be made monthly based upon the percentage ofv work completed andi invoiced to Client. Client's obligation to payf fors servicesr rendered! hereunderi isinr nov way dependent uponits abilityt toc obtainfi financing. toc obtaing paymentf fromo ai thirdp parly, ort toc obtain approval ofanys governmentalr orn regulatory agencies, or upon Client'ss successful completion oft thep project. Payment fors services ande expenses hereunderis duein fully within thirly (30) days afterr receipt ofi invoice. Forp past due accountsine excess of 1200 days Consultants willis issue ap past dues statementy withinterest of 1% perr monthf froms saidt thirtieth (30th) day. Consultant may elect tos seek assistancei inc collection ofc accounts ine excess ofl 1200 daysi iny whicho case Client will be billed for attorney'st fees forc collectioni int the amount ofl 1/30 of the outstanding balance ors such greater amount ast the court finds reasonable. Consultant reserves ther rightt tos suspend services undert this agreement untir receipt ofp paymenti infullfor allo amounts duet fors servicesr rendered ande expenses incurred.: The standard of caref forc allp professional: services performed orf fumished by Consultant under this/ Agreement will bet the skill and care ordinarily provided by members of Consultant's profession practicing under thes same or similar circumstances andp professional! licenses at thes same time andint the: samel locality. ase expeditiously asi is prudent considering the ordinary professional: skill and care ofc a competent member of Consultant's profession. Consultant makes no  Standard of Care  waranties, express ori implied, under this Agreement orc otherwise, inconnection with Consuronrsservces. Client shall provide allo criteria andf fullinformation: as to Clien'srequrements: fort the Project. includingbudgelany! limitations. and Contractors, andinformationt fromp publicn records, withoutt ther needf fori independent verification.  Responsibillity oft the Client Reliance on! Information! Provided! by Others Schedules, Budgets andE Estimates or Opinions ofCost  Consultant shall bee entitled tor rely. without liability, ont the accuracy and completeness of any and alli information provided by Client. Client's Consultants Any schedules or completion dates. budgets. or estimates of cost prepared by Consultant represent Consultant's professional, judgment based oni its experiences andavailablei information. Sinceneither ConsutontnorClienth hascontrold over: thec costo oflabor, materials, ore equipment, orc controctofsmelinods ofc determining prices: competitive! bidding orr market conditions; utility conflicts orr right-of-way acquisition: agency approval times ord actions ofa Consultant Program Manager note employed! by Sain, the Consultant cannot and does noty warrant orr represent that actuals schedules, budgets or completion dates or actual costs willr nots vary froms schedules or completion dates, budgets ore estimates of cost prepared by Consultant orp proposed, established, or approved Client agrees and acknowledgesi that the approval process necessaryt tor maintain ap projectt timelinei isboth unpredictable andi outside oft the Consultant's control. Consequently, the Consuitant makes nor representations. ast toits abilityt to timely achieve or to obtains said permits or approvals from any goveming Consultant and Client acknowledge and agreet thatt the Consultants shallr noth haver responsibility and willr notb beli liable forj jobsites safety or constructionmeans and methods, regardless ofv whether Consultant's scope ofs services documented! hereini include: sitev visits during the construction phase. The Consultanti is notir responsiblet for, ands shalll byr nor means bel liable for. thec acts ord omissions ofc any owner, contractor,: subcontractor: orr materials supplier. Client. ati its sole cost and expense, shall furnisht the Consultant, its agents, employees. ands subcontractors a right-of-entry and any other authorizations or licenses neededf for Consultantt toe enter the Projectl locationt top performt thes services contemplated byt this Agreement. Client agrees ando acknowledgest that thes services provided! byt the Consultant may require certain activities thatr may disrupt the use oft the Project's properly location ondr may disturb, alter, or Consultants shallnot ber required tos signo any documents, non mattert bywhomrequested.: thats MRCAAANONgA tocerfify, guaranty, orwarant the existence ofc conditions that Consultant cannot ascertain orv verify. Further, Consultant and Client acknowledge and agreet that Consultant shall not be expected top provide any cerlifications unless expressly agreed uponb by Consultant, as evidencedi inx writingy within the: scope of Consultant's work invoiced  by Client. Approvals authority ord outside agency.  Site Visits/Jobsite! Safely/Construction! Phase Services  Right ofE Entry Cerfifications to Client.  damaget thet terraino andy vegetation1 thereabout andt that Consultants wilr notr restore thep propertyt toitso originalstate.  Terms and Conditions,  1 of2 Page  E    Exhibit 6  To: The Dale County Commission From: Chief Jamie Gatlin  At the first of this year our primary fire truck experienced a major engine issue taking it out of service, according to our mechanic it would cost around $20000 to rebuild or replace the engine, which is close to the value of the truck. Another truck, our tanker/pumper was also experiencing major issues with pump and as of now it will not pump at all. We developed a plan to replace both trucks using $25000 of our money, $50000 we borrowed and $75000 from the City of Level Plains. Just like the used car market the used fire truck market is "crazy" for lack of a better word, prices are up and inventory is down. We searched for months and finally was able to purchase the used engine for which Ihave attached the information on. Being a used truck of course it needs some minor repairs and equipment like radios and having our name put on it. We currently have about $75000 in itand will have close to $80000 in the truck by the time we get it in service. Once this engine is in Anything the Commission can do to assist us in these projects will be greatly appreciated, like all of  service, we will move on to trying to replace the tanker/pumper. our county volunteer fire departments we run on a very tight budget.  Thank you for your consideration.  Sincerely,  Bema ait  Level Plains Volunteer Fire Chief  Jamie Gatlin