ORA  Dale County Commission  Commission Meeting Minutes = June 8, 2021  The Dale County Commission convened in a regular session Tuesday, June 8, 2021. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham; District Three Commissioner Chairman McKinnon called the meeting to order at 10:00am. Commissioner Wilson opened  Charles W. Gary; and District Four Commissioner Frankie Wilson.  with the Pledge of Allegiance. Commissioner Carroll followed with prayer.  APPROVED - AGENDA  Commissioner Grantham made a motion to approve the agenda with the addition of schedule  change for the County landfill.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED = MEMORANDUM OF WARRANTS  Commissioner Wilson made a motion to approve the following Memorandum of Warrants:  Accounts Payable Check Numbers 90134-90259. Payroll Check Numbers: 154755-154756. Direct Deposit Check Numbers: 38587-38732.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED = MAY25,2021 MINUTES  Commissioner Gary made a motion to approve the Minutes of the Commission Meeting Commissioner Grantham seconded the motion, all voted aye. Motion carried.  on May 25, 2021.    Dale County Commission  Commission Meeting Minutes - June 8, 2021  Page2of3  APPROVED - BOARD APPOINTMENT -VIVIAN B ADAMS SCHOOL  Commissioner Gary made a motion to approve Mr. John Cawley to the Vivian B. Adams  School Board with term expiring June, 2027.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED = REIMBURSEMENT OF WORTHLESS CHECKS  Commissioner Wilson made a motion to approve the reimbursement of worthless checks for  the Probate office. See Exhibit 1.  Commissioner Gary seconded the motion, all voted aye. Motion carried  APPROVED - CORONAVIRUS LOCAL FISCAL RECOVERY FUND GRANT Commissioner Carroll made a motion to approve the Coronavirus Local Fiscal Recovery  Fund Grant. See Exhibit 2.  Commissioner Wilson seconded the motion, all voted aye. Motion carried  APPROVED - WORK REQUEST - CITY OF LEVEL PLAINS  Commissioner Gary made a motion to approve the work request from the City of Level  Plains. See Exhibit 3.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED -2020 INSOLVENTS, ERRORS, & TAXES IN LITIGATIONS Commissioner Gary made a motion to approve the 2020 Insolvents, Errors and Taxes in  Litigations. See Exhibit 4.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - BALLOT MARKING ELECTION MACHINES  Commissioner Grantham made a motion to approve the contract with ES&S for ballot marking election machines, purchased approved on 05/25/21. The expenditure will be a  combination of HAVA funds and State grant. See Exhibit 5.  Commissioner Wilson seconded the motion, all voted aye. Motion carried    Dale County Commission  Commission Meeting Minutes - June 8,2 2021  Page3of3  APPROVED C&D LANDFILL- - - CHANGE IN OPERATION HOURS  Commissioner Grantham made a motion to approve the schedule at the County's C&D  landfill. See Exhibit 6.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  EXECUTIVE SESSION  Commissioner Wilson made a motion to approve an executive session. See Exhibit 7. Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - ECONOMIC DEVELOPMENT PROJECT  Commissioner Carroll made a motion to approve the funding of economic development project, Skin Care, from Fund 151- Economic Development in the total amount of $298,000. The amount of $200,000 will be paid immediately. The balance of $98,000 as the funds are  available.  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, June 22, 2021 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Wilson made a motion to adjourn the meeting. Commissioner Carroll seconded It 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.  the motion. All voted aye. Motion carried.  SHn VAybnn  Steve McKinnon, Chairman    Exhibit 1  PROBATE OFFICE COUNTY, ALABAMA POST OFFICEB BOX5 580 OZARK,ALABAMA38381 TELEPHONE (834)774.2754-FAXE (334)774-0468 capgouaacounyalus June 2, 2021  DALE  SHARONA A. MICHALIC Probate Judge  KEISHA Chief W.. Probate JOHNSON Clerk  To: Dale County Commission Dale County Administrator  Per local law, 45-23-160, lam asking the Commission to reimburse my office for the worthless checks (see attached) deemed incapable of being made good. For example, the person is deceased, the business is no longer in business, ori it is deemed uncollectable by the Dale County District Attorney (see attached). Ifav worthless check has not been made good for 2 years, Iwill request reimbursement from the Commision.lunderstand and agree the amount willl be expensed to my department and will noti increase the amount of my petty cash. The Probate Office will start charging $30.001 for any returned checks. This money will be turned over to the Commission. This fee helps to offset the Commission's cost of covering the insufficient checks. If the checks that have been turned over to the District Attorney are recovered, that amount along with any additional fees collected will bet turned over to the Dale  County Commission.  Thank you for your consideration in this matter.  Sincerely:  Sharon A. Michalic, Probate. Bhamaikake  Judge    Exhibit 1  Alabama Code 45-23-160. Liability for monetary loss  Current as of: 2020 I Check.for updates I Other versions  (a) The County Commission of Dale County shall reimburse the office of judge of probate or revenue commissioner from the general fund the amount of any monetary loss, not to exceed a total of two thousand five hundred dollars ($2,500) per annum, arising or caused by error if the mistake or omission was caused without the personal knowledge of the officer, including loss arising from acceptance of worthless or forged checks, drafts, money orders, or other written orders for money or its equivalent.  Terms Used In Alabama Code 45-23-160  Probate: Proving a will  (b) It shall be the duty of the judge of probate or the revenue commissioner to insure that the employees of the respective offices exercise due care in performing their required duties and make a diligent effort to correct the error, mistake, or omission. The respective officers shall make a good faith effort to collect the amount subject to potential loss immediately upon becoming aware of the potential loss.  (c) This section shall not apply to any deliberate misuse or misappropriation of funds by the judge of probate or the revenue commissioner, or by any clerk, or any employee of  the respective officials.  At9755P-919,88-3)    Exhibitl 1  KIRKE ADAMS DISTRICT ATTORNEY 33RD JUDICIAL CIRCUIT  GUIDELINES FOR WORTHLESS CHECKS  1) The transaction must have taken place in Dale County.  2) The check writer must be 18 years of age on or before the check date. Any checks written by 3) We request that you obtain a warrant within 45 days of the check date. All checks must be dated less than one year prior to obtaining a warrant (Statute of Limitations). 4) You must attempt to cash the check within 30 days, as required by State law.  ajuvenile must be taken to Juvenile Probation.  5) The check must be stamped by the bank with the following:  a. INSUFFICIENT FUNDS, or b. ACCOUNT CLOSED a. STOP PAYMENT b. UNCOLLECTED FUNDS C. REFER TOMAKER 7) We cannot accept: a. Two-party checks  6) No checks will be accepted that are stamped:  0. Checks which have been partially paid  Checks which have been first sent to a private collection agency  8) Ift the check has been stamped INSUFFICIENT FUNDS, a notice, on the required form, must bes sent by certified mail. The letter must be addressed toj the person who signed the check. If the letter is accepted, the Post Office will return the green card that is attached to the letter, showing the date the letter was received, and bearing the signature of the person whom accepted the letter. The check writer must be given TEN/10)FULL DAYS FROM' THE DATE THEY RECEIVED THE LETTER to make the check good. This means that obtain a warrant only on the 11th day from the date stamped on the green card. Be you sure may and bring the green card along with the check when you bring iti in to our office. We cannot issue  av warrant without them.    Exhibitl  WORTHLESS CHECK REGISTRY  ISSUE DATE *2/2/2018 LAKESHA G. SNELL *10/25/2018 DC2018534 *3/27/2017 FELICIAA.RILEY 18-0071 *11/7/2016 SHAWN Al ROSE 16-0061 *11/21/2016 SHAWNAROSE 16-0062 *4/8/2014 MAJECTICHOMES ANDCHATHAM CONSTRUCTIONI LLC SM14-117 OUTOF BUSINESS AND CHATHAM CONSTRUCTIONI LLC SM14-118 OUTOFB BUSINESS *4/18/2013 ELIZABETH MI BROWN DECEASED (6/10/16) *11/2/2012 LEOLETHIA GRIMSLEY 12-0304 *9/3/2011 LINDAI WARD 11-0384 04/15/2011 HANNAH BAKER 11-158 06/14/20?7 ANGELO COOPER 11-0194  NAME  AMOUNT ACTION PAYMENTS TOTAL CHECK# $3825D.ACOlertion 4x $9.00 $ 38.25 #2343  1x2.25 BALANCE  PAIDD.A. $51.00D.AC Collection N/A $45-00D.ACOllection N/A $34.00D.ACOllection N/A $23.50D.ACOllection N/A  $ (9.00) 29.25 $ 51.00 #1028 $ 45.00 #5007 $ 34.00 #5031 $ 23.50 #2199  N/A  *4/8/2014 MAJESTIC HOMES  $25.50D.ACOllection N/A  $ 25.50 #2200  $25.50D.A Collection N/A $20.50D.ACOllection N/A $25.50D.ACOlertion N/A $20.50D.A Collection N/A $20.50D.A Collection N/A  $ 25.50 #1265 $ 20.50 #9999 25.50 #124 $ 20.50 #227 $ 20.50 #2030 $ 409.00 $ 729.75  5/22/2021/SYNRGO, INCI RECORDING $409.00 THISI IS UNCOLLECTABLE PER1 THE DISTRICT ATTORNEY DUE TOI BEINGI MARKED "REFER TOI MAKER"  N/A  TOTAL  ALLDATES HIGHLIGHTED ARE OVER2,YEARS OLD/ ANDA AREUNCOLECTABLE    Exhibitl  *0b1000146* 05/25/2021 6331584712 Thisi isal LEGAL COPYof your check. You can usei it the same wayy you, would uset the original check. RETURN REASON S REFER TO MAKER  NSF  REFER TO MAKER  SNRCOINC.". RECORDING ROALAVERTADAD BREA,CA92621 0149482:2060  776471 S/9251 4$409.9  BATODE  County Probate of Court  TOUY hdredl awck he alioo  OLLARS  #774575A 122as4A4I B101258DI  776474  41122234194:  510123201B  0000040400A  E Qsa  Donotendere orw  lino    Exhibit2  OMB Approved No.:1505-0271 Expiration Date: 11/30/2021  U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL: RECOVERY: FUND  Recipient name and address: Dale County Commission 202 Hwy 123 South, Suite C Ozark, Alabama 36360  DUNS Number: 168786544 Taxpayer Identification Number: 636001505 Assistancel Listing Number and Title: 21.019  Sections 602(b) and 603(b) oft the Social Security Act (the Act) as added by section 9901 ofthe American Rescue Plan Act, Pub. L. No. 117-2 (March 11,2021) authorize thel Department oft the Treasury (Treasury) to make payments to certain recipients from the Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto.  Coronavirus Statel Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.  Recipient:  Shv Yfn Authorized) Representative: Title: Cirma Date signed: 06-0g-21 U.S. Department oft the Treasury: Authorized Representative: Title: Date signed:  PAPERWORK: REDUCTION ACTNOTICE  Thei information collected willl be used for the U.S. Government toj process requests for support. The estimated burden associated with this collection ofinformation: is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office ofPrivacy, Transparency and Records, Department oft the Treasury, 15001 Pennsylvania. Ave., N.W., Washington, D.C. 20220. DONOT: send the form to this address. An agency may not conduct or sponsor, and aj person is not required to respond to, a collection ofinformation unless it displays a valid control number  assigned by OMB.  1    Exhibit 2  U.S. DEPARTMENT OF THETREASURY CORONAVIRUS LOCALI FISCALI RECOVERY FUND AWARD TERMS. AND CONDITIONS  1. UseofFunds.  a. Recipient understands and agrees that thei funds disbursed under this award may only bet usedi in compliance with section 603(c) of the Social Security Act (the. Act), Treasury'sregulations: implementing that section, and guidance b.F Recipient will determine prior to engaging in any project using this assistance thati it has thei institutional, managerial, and financial capability to ensure proper planning, management, and completion ofs such project. 2. Period of] Performance. Thej period of performance for this award begins ont the datel hereof and ends on December 31, 2026. As set forth in' Treasury'si implementing regulations, Recipient may use award funds to cover eligible costs incurred 3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office ofI Inspector General andt the Government Accountability Office, or their authorized representatives, shalll have the right of access to records (electronic and otherwise) ofl Recipient in order to conduct - Records shalll be maintained by Recipient for a period of five (5): years after all funds have been expended or 5. Pre-award Costs. Pre-award costs, as defined in 2C.F.R. $200.458, may not be paid with funding from this award. 6. Administrative Costs. Recipient may use funds] provided under this award to cover both direct and indirect costs. 7. Cost Sharing, Cost sharing or matching funds arei not required tol bej provided by Recipient. 8. Conflicts ofInterest. Recipient understands and agrees it must maintain a conflict ofi interest policy consistent with2C.F.R. $200.318(c): and that such conflict ofinterest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of  issued by Treasury regarding thei foregoing.  during the period that begins on March3, 2021, and ends on December 31,2024.  4. Maintenance ofand Access to) Records  audits or other investigations. returned to Treasury, whichever is1 later.  interest affecting the awarded fundsi in accordance with 2 C.F.R. $ 200.112.  9. Compliance with Applicable Law and Regulations.  a. Recipient agrees to comply with the requirements ofs section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this  award.  b. Federal regulations applicable to this award include, without limitation, the following:  . Uniform Administrativel Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F- Audit Requirements of thel Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM),2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A1 to2C.F.R. Part: 25 is hereby incorporated by reference. iii. Reporting Subaward and] Executive Compensation: Information, 20 C.F.R. Part 170, pursuant to which the award term set forthi in Appendix A1 to2 2 C.F.R. Part 1701 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension Nompouremem,2CFK Part 180, including the requirement toi include at term or condition in all lowert tier covered transactions (contracts and subcontracts described in 2C.F.R. Part 180, subpart B) that the awardi iss subjectto2C.FR.  Part 180 and' Treasury'si implementing regulation at 31 C.F.R. Part 19.  2    Exhibit2 2  V. Recipient Integrity and] Performance Matters, pursuant to which the award term set forthi in2C.F.R. Part  200, Appendix XII tol Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.  vii. New Restrictions on Lobbying, 31 C.F.R. Part21.  viii. Uniform Relocation Assistance and Real Property Acquisitions Act of1970 (421 U.S.C. SS 4601-4655): and C. Statutes and regulations prohibiting discrimination applicable to this awardi include, without limitation, the i. Title VI oft the Civil Rights Act of 1964 (421 U.S.C. SS 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin ii. The Fair Housing Act, Title VIII oft the Civil Rights Act of1 1968 (42 U.S.C. SS 3601 ets seq.), which prohibits discrimination inl housing on the basis ofrace, color, religion, national origin, sex, familial status, ii. Section 504 oft thel Rehabilitation Act of1 1973, as amended (291 U.S.C. $ 794), which prohibits discrimination on thel basis of disability under any program or activity receiving federal financial assistance; iv. The Agel Discrimination. Act of1975, as amended (42 U.S.C. $S 6101 et seq.), and Treasury'si implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis ofa agei inj programs or activities V. Title II oft the Americans with Disabilities Act of 1990, as amended (42 U.S.C. SS 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided ori made  implementing regulations..  ix. Generally applicable federal environmental laws and regulations.  following:  under programs or activities receiving federal financial assistance;  or disability;  receiving federal financial assistance; and  available by state and local governments ori instrumentalities or agencies thereto.  10. Remedial Actions. Int the event of] Recipient's noncompliance with section 602 oft the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt ofas subsequent tranche of future award funds, ifany, or take other available remedies as set forth in2C.F.R. $200.339. In the case ofay violation ofs section 602(c) of the. Act regarding the use of funds, previous payments shall be subject to recoupment as] provided in section 602(e) oft the Act and any additional payments may! be subject to 11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. SS 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is 12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment fromj participatingi in federal awards or contracts, and/or any other remedy available by law. 13. Publications.Any: publications produced with funds from this award must displayt the following language: "This] project [is being] [was] supported, in whole ori inj part, by federal award number [enter project FAIN] awarded to [name of] Recipient]  withholding as provided in sections 602b)()A)d)I), oft the Act, as applicable. in connection with an activity financed in whole or inj part by this federal assistance.  by the U.S. Department oft the Treasury." 14. Debts Owed thel Federal Government.  a. Any funds paid to Recipient (I)i in excess oft the amount to which Recipient is finally determined to be authorized to retain under the terms oft this award; (2) that are determined by the Treasury Office ofl Inspector General tol have been misused; or (3) that are determined by Treasury tol be subject to al repayment obligation pursuant tos sections 602(e) and 603(b)(2)(D) oft the Act and! have not been repaid by Recipient shall constitute a debt to the federal b. Any debts determined tol be owed the federal government: must bej paid promptly by Recipient.. A debti is delinquent ifit has not been paid! by the date specified in' Treasury'si initial written demand for payment, unless other satisfactory arrangements havel been made ori if thel Recipient knowingly or improperly retains funds that are a debt as defined inj paragraph 14(a). Treasury willt take any actions available toi itt to collect such a debt.  government.  15. Disclaimer.  3    Exhibit 2  a. The United States expressly disclaims any and all responsibility orl liability tol Recipient ort third persons fort the actions of Recipient or third persons resulting in death, bodily injury,property damages, or any other losses resulting in: any way from thej performance of this award or any other losses resulting in any way from the b.Thea acceptance oft this award by Recipient does not in any way establish an agency relationship between the United In accordance with 41 U.S.C. $4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any oft thel list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement ofai federal contract or grant, a gross waste of federal funds, an abuse ofa authority relating to ai federal contract or grant, a substantial and specific danger toj public health or safety, or a violation ofl law, rule, or regulation related to a federal contract (including the competition for  performance of this award or any contract, or subcontract under this award.  States and Recipient. 16. Protections for Whistleblowers.  or negotiation ofac contract) or grant.  b. Thel list ofpersons and entities referenced in thej paragraph above includes the following: i. A member of Congress or ai representative ofa committee of Congress;  ii. Anl Inspector General; iii. The Government Accountability Office;  iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official oft thel Department of] Justice or other law enforcement agency; vii. A management official or other employee of] Recipient, contractor, or subcontractor who has the C. Recipient shall inform its employees in writing oft the rights and remedies provided under this section, in the 17. Increasing Seat] Belt Usei in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to: adopt and enforce on-the-job seat belt policies andj programs for their employees when 18. Reducing Text] Messaging While Driving. Pursuant tol Executive Order 13513, 741 FR: 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and) Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.  vi. A court or grand jury; or  responsibility to investigate, discover, or address misconduct.  predominant native language oft the workforce.  operating company-owned, rented or personally owned vehicles.  4    Exhibit2 2  OMB Approved No. 1505-0271 Expiration Date: November 30,2021  ASSURANCES OF COMPLIANCE WITH CIVILI RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VIOF THE CIVILI RIGHTS ACT OF 1964  Asa condition ofreceipt of federal financial assistance from the Department oft the Treasury, the recipient named below (hereinafter: referredt to as the "Recipient") provides the assurances stated herein. The federal financial assistance: may include federal grants, loans and contracts toj provide assistance tot the Recipient's beneficiaries, the use or rent ofFederal land or property at below market value, Federal training, al loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts ofg guarantee ori insurance, regulated programs, licenses, procurement contracts by the Federal government ati market value, or programs that provide direct benefits. The assurances applyt to all federal financial assistance from or funds made available through the Department oft the Treasury, The Civill Rights Restoration Act of1987 provides that the provisions oft the assurances applyt to all oft the operations of the Recipient'sp program(s) and activity(ies), sol long as any portion oft thel Recipient's program(s) or activity(ies)i is federally assisted in 1. Recipient ensures its current and future compliance with" Title VI oft the Civill Rights Act of 1964, as amended, which prohibits exclusion from participation, denial oft the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person int the United States on the ground of race, color, or national origin (42 U.S.C. $ 2000d et seq.), asi implemented! by the Department of the Treasury Title VI: regulations at 31 CFR Part 22 and other pertinent executive orders such asl Executive Order 13166, directives, circulars, policies, memoranda, and/or 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks toi improve access toi federally assisted programs and activities for individuals who, because ofi national origin, have Limited English proficiency (LEP). Recipient understands that denying aj person access to its programs, services, and activities because ofLEP is at form of national origin discrimination prohibited under Title VI ofthe Civil Rights Act of1 1964 and thel Department ofthe Treasury'si implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department oft the Treasury's directives, to ensure that LEPI persons have meaningful access toi its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure 3. Recipient agrees to consider the need for language services forl LEP persons when) Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department oft the Treasury has published its LEP guidance at 70FR 6067.1 For more information on taking reasonable steps toj provide meaningful access forl LEP persons, 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance andi is binding upon Recipient and Recipient's successors, transferees, and assignees for the 5. Recipient acknowledges and agrees that iti must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees toi incorporate the following language in every contract or agreement subject to Title VI andi its regulations between thel Recipient and the Recipient's sub-grantees, The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VIof the Civil Rights Actof1964, which) prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. $2000d et seq-), as implemented by the Department oft the Treasury'sTitle VI regulations, 31 CFR Part 22, which are herein incorporated. by reference and made a part of this contract (or agreement). Title VId also includes protection to persons with "Limited English. Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C.S $ 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated. by reference and 6. Recipient understands and agrees thati if any real property. or structure is provided or improved with the aid of federal financial assistance by thel Department oft the Treasury, this assurance obligates thel Recipient, or in the case ofas subsequent transfer, the transferee, for thej period during which the real property or structure is used for aj purpose for which the federal  including any assistance that the Recipient may request in the future.  ther manner prescribed above.  guidance documents.  effective communication: int the Recipient's programs, services, and activities.  please visit httpl/www.lep.gov.  period in which such assistance is provided.  contractors, subcontractors," successors, transferees, and assignees:  made a part of this contract or agreement.  5    Exhibit. 2  financial assistance is extended or for another purpose involving the provision ofs similar services or benefits. Ifany personal property is provided, this assurance obligates the Recipient for the period during whichi iti retains ownership or 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department oft the Treasury oft the aforementioned obligations. Enforcement: mayi include investigation, arbitration, mediation, litigation, andi monitoring of any settlement agreements that may result from these actions. Thel Recipient shall comply with information requests, on-site 8. Recipient shall maintain a complaint log andi inform thel Department oft the Treasury of any complaints of discrimination on the grounds ofr race, color, or national origin, and limited English proficiency covered by" Title VI of the Civil Rights Act of 1964 and implementing regulations andj provide, upon request, al list ofalls such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also musti inform the Department of the Treasury if 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance ofTitle VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between thel Recipient and the administrative agency that made the finding. Ifthe Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation oft thes settlement. If Recipient has not been the subject of any court or administrative 10. Ifthe Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with" Title VI and other applicable authorities covered int this document State agencies that make sub-awards must! havei inj place standard grant assurances and review procedures to demonstrate that that they are effectively Thel United States of America has the rightt to seek judicial enforcement oft the terms oft this assurances document and nothing in this document alters or limits thei federal enforcement: measures thatt the United States may take in order to address violations of Under penalty of! perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that  possession of thep property.  compliance reviews andi reporting requirements.  Recipient has received no complaints under Title VI.  agency finding of discrimination, please sO state.,  monitoring the civil rights compliance of subrecipients.  this document or applicable federal law.  thel Recipient is in compliance with the aforementioned: nondiscrimination requirements.  Dale County Commission Recipient Date  06082/  Soue MASn Signature of Authorized Official PAPERWORK REDUCTION ACTI NOTICE  Thei information collected willl be used for the U.S. Government toj process requests for support. The estimated burden associated witht this collection ofi information is 301 minutes per response. Comments concerning the accuracy oft this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency: and] Records, Department oft the Treasury, 15001 Pennsylvania Ave., N.W., Washington, D.C. 20220. DOI NOT send the form to this address. An agency may not conduct or sponsor, and aj person isi not required to respond to, ac collection ofi information unless it displaysav valid control number  assigned by OMB.  6    Work Request Form Dale County Road & Bridge Department  Exhibit3 3  Requesting Entity: Date Requested: Requested by: Signature:  City ofLevel Plains 6/1/2021 Donald Grantham  Project Location:  Various roads (TBD)  Description of Work:  Pothole patching  Cost Estimate: (tob bec completed by County Engineer and/or personnel  $222.56 per ton (TBD)  Road and Bridge Reimbursement Options:  X  1. 100% by the requesting entity  2. 50% General Fund /50% requesting entity 3. 100% by the General Fund  Commission Meeting Date: Approved (Y/N):  060821 ypshy  NOTE: Responsible party will be invoiced the actual county cost for labor, equipment use and materials. Equipment use cost is based on Blue Book rates.      DFC22 (Rev. 2-01)  Exhibit 4  INSOLVENTS, ERRORS ANDT TAXES INI LITIGATION FOR2 2020A AND UNCOLLECTED INSOLVENTS AND TAXES INI LITIGATION FOR PREVIOUS' YEAR(S)  THE STATE OF ALABAMA Dale ont this  County 8TH dayof Eleanor Outlaw  BEITREMEMBERED, That att the meeting of the Board of County Commissioners: of said County, held  June  2021,  Tax Collector ofs said County, made his reporto of  "Insolvents", "Errorsi inA Assessment" and' "Taxes inl Litigation" on taxes for the current year 2020, as required by Code ofA Ala. 1975, Section 40-5-23. And aftera ac careful andr rigide examination ofs said reports bys said Board, it was considered: and adjudged that said collector bea allowed credit on his finals settlement  with the Comptroller for the following amounts: Insolvents: State Taxes-General-  106.35 42.54 127.62 47953.15 19181.26 57543.78 0.00 0.00 0.00  Soldier- School-  Errorsi in Assessments: Statel Taxes-General-  Soldier- School- Soldier- School-  Taxesi in! Litigation: State Taxes-General-  Ands said Collector has also madel his report for final allowance oft the uncollected balances of Insolvent Taxes for the previous year 2019, as required by Code of Ala. 1975, Section 40-5-29; and the Boardt there upon madet the following allowances tos said Collector ofs such Insolvent Taxes as he may  havel been unable to collect, asf follows: State Taxes-General-  49.15 19.66 58.98  Soldier- School-  And said Collector isa also allowed credit for the following taxesi inl litigation for the previous year(s) whichl he has been  unable to collect ast follows: 2019 2018 2017 2016  General $ 50.55 $. 35.90 $ 10.55 $ 0.00  Soldier $ 20.22 $ 14.36 $ 4.22 $. 0.00 June 2021  School $ 60.66 $_ 43.08 $ 12.66 $ 0.00  Given under my hand this g"-dayof  SHw M  Présiding Officer  See Code ofA Ala. 1975, Sections 40-5-23, 40-5-24a and4 40-5-25 astot taxes ofc currenty yeara ands Sections4 40-5-26,4 40-5-28a and4 40-5-29a as toi insolventt taxes andt taxes  inl litigation of previous year(s).    Exhibits  11208J JOHN GALTBLVD OMAHA, NEG 68137-2364 (402)5 593-0101  Sales Order Agreement  ELECTION SYSTEASASOFVANE  Customer P.O.#  1sLE Election Date: Tobe Agreed Upon by the Parties Required Delivery Date: Nol later than. June 30, 2021 Phone! Number: 334-774-2754 FaxNumber:, NIA  Customer Contact, Title: Sharon Michalic Customer Name: Dale Counly. Alabama a NEW a NEW o REFURBISHED  Typec ofs Sale: Typec ofEquip: BillT To: Dale County, Alabama Sharon Michalic P.O. Box 580 Ozark, AL 36361  ShipT To: Dale County, Alabama Sharon Michalic 1Court Square Ozark, AL 36361  Item BMD. ExpressVote 2 ExpressVote BMD 3 ExpressVote BMD Customer Discount& Trade-In Allowance  Description  Qty  Price  Total $69.825.00 $3,675.00 $3,034.50 ($24,034.50) 52,500.00  ExpressVote BMD Terminal with Internal Backup Battery, ADAI Keypad, Headphones, 21 $3,325.00  Powers Supplyy with AC Cord, and One (1) Standard 4GBI Memory! Device Equipment QC. Regional Training. ands Shipping & Handling Equipment Being Traded-In by Customer: AutoMARK  Soft-Sided Carrying Case  21 $175.00 $3,034.50 ($24,034.50) Order Total $  Freight Billable: yes a no a  Woodyard Gregg Regional Sales Manager DLpAL  Sine  060821 Date  Ybme Custompers Signature Chainp  6/11/2021 Date  Title  Trade-In Equipment:  ES&S willd coordinate andp payf fort thep pickupa and transportation oft thet trade-ine equipment from Customer's sited ona a datet tob ber mutually agreed upon byt thep parlies.  ES&S is responsible forp preparing, packaging and palletizing thet trade-in equipment fors shipment.    Exhibit 5  Sales Order Agreement  $26,250.00 of Order Total willl bei invoiced upon Contract Execution. Invoices are due net 30f from invoice date. continue through September 30, 2022.  $26,250.00 of Order Totaly willl beir invoiced following thec delivery of allE ExpressVote BMD Terminals. Note 1:Anya applicable state and! local taxes arer noti included, anda are ther responsibility oft the Customer. Provided that deliveryo occurs onorb before. June 30, 2021, the warranty period will commence upon Equipment Deliverye and  Payment Terms Warranty Period:  Hardware Maintenance and Software License, Maintenance and Support Services (Post-Warranty Period) The terms, conditions, and pricingf for the Hardware Maintenance and Software License, Maintenance and Support Services (Posl-Warranty! Period) ares set forthi int ExhibitAa attached  hereto.  SEE EQUIPMENTI PURCHASE, AND SOFTWARE! LICENSE TERMS  Page 2  3/25/2021    Exhibit5  EQUIPMENTI PURCHASE ANDS  LICENSE TERMS  1. Equipment Purchase ands Software License Terms. Subject! tot thet terms ando conditions of fort the ES&S Equipment and ES&S Software shall passt to Customer when such items ared delivered this Agreement, ES&S agrees to sell and/or license, and Customer agrees to purchase and/or to Customer's designated location. Upon transfer of risk of! loss to Customer, Customer shall be license, theE ES&SE Equipment, ES&S Software andE ES&S Firmwarec describedo onthef fronts side ofthis responsible for obtaining andr maintaining sufficient casualtyl insurance on the ES&S Equipment and Agreement. The ES&S Firmware andE ES&S Soflware are collectivelyr referredt to hereinafter ast the ES&S Software ands shall name ES&S as ana additional insured thereunder and, atE ES&S' request, "ES&S Software." Thep payment terms fort the ES&S Equipment andE ES&S Software ares set fortho on shall deliver written evidence thereof to ES&S until all amounts payable to ES&S under this agreesto tos sell, ando Customera agreest top purchase, theE ES&S Equipment. Tilet totheE ES&SE Equipment upon the delivery of the equipment and software through September duringt the period commencing b. Grant of Licenses. Subject tot the terms and conditions of this Agreement, ES&S material respects, or (i)is defectiveir inr material or workmanship. TheV Warranty Periody will commence hereby grants to Customer nonexclusive, nontransferable licensesf fori its bonaf fidef full time, partt time upon delivery. The Warranty shall not include the repair or replacement of any ES&S Equipment or temporary employees to use the ES&S Software and any and all written or electronic components that arec consumed in the normal course of operating the ES&S Equipment, including. documentation1 fumished or generally made available to licensees by ES&S relating to the ES&S butn notl limitedt to, headphones and headphonep protective covers, printer cartridges orr ribbons, paper, Software, including anyo operating instructions, user manuals orb training materials (collectively, the batteries, drums, toners, fusers, transfert belts, removable medias storage devices, seals, keys, power "Documentation')! in theJ Jurisdiction while Customer is usingt the ES&SE Equipment and timely pays supplies/cords, PCMCIA, Smart, or CF cards or marking devices (collectively, the" Consumables"). thea applicable annual ES&S Software License, Maintenance ands Support Fees setf fortho on Schedule ES&S mayr modify andr make available additional Consumables as they may become available from A1, The licenses allow such bona fide employees to use and. copyt the ES&S Software (in object timet tot time. Any repaired or replacedi itemo ofE ESESE Equipment or ES&S Software shall bev warranted code only) and the Documentation, int thec course ofc operatingt theE ES&S Equipmenta ands solelyf forthe onlyfort theu unexpired term of the Warranty Period. Allr replaced components ofthe ES&S Equipment purposes of defining and conducting elections and tabulating andr reporting election results in the or ES&S Software will become the property of ES&S. This warranty is effective provided that () 2. Prohibited Uses. Customer shallr nott take any of the following actions with respect to the or defect and is otherwisei inc compliance with itso obligations! hereunder, ()t the ES&S Equipment or Reverse engineer, decompile, disassemble, re-engineer or otherwise create, attemptt to repaired or replacedi is not damaged as ar result of accident, theft, vandalism, neglect, abuse, use create, orp permit, allow or assist otherst to create, thes source codec ort thes structuralf framework for part which is noti in accordance with instructions or specifications furnished by ES&S or causes beyond Cause orp permit anyu use, display, loan, publication, transfer ofp possession, sublicensing terrorism or insurrection, govemment acts or orders; epidemics, pandemics or outbreak of ord otherd dissemination ofthe ES&S Software or Documentation,' inv whole ori inp part, toorb bya anyt third communicable disease; quarantines; national orn regional emergencies, labor disputes, transportation Cause or permit anyo change to ber made to the ES&S Software without ES&S prior units ofequipmenty which: ()h haver notb been stored or operatedir ina temperaturer range according their d. Allowa at third partyt to causeo orp permit anyo copying. reproduction or printing ofa anyo output have been operated or handledi ina an manneri inconsistent withr reasonablet treatment of an electronic. generated! byt the ES&S Software (except finished ballots by ballot printers selected by Customer)i in product. Theb terms ofpost-warranty! license, maintenance ands supporta ares setf fortho on ExhibitA which ES&S owns or claims any proprietary intellectual property rights (e.g.. copyright, trademark, b. Exclusive RemediesDislaimer IN THE EVENT OF A BREACH OF SUBSECTION 6(a), 3. Term ofLicenses. Thell licenses grantedins Section1 1(b) shall commence upont thed deliveryof EXCLUSIE REMEDIES. ES&S EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER theE ES&S Software describedi in Section 1(b)a ands shall continuet through September 30, 2022 (the EXPRESS ORI IMPLIED, WHICH ARE NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT, "Initial License Term).. Upon expiration oft thel Initial License Term, thel licenses shall automatically INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILTY OR renew for an unlimited number ofs successive one-year periods (eacha a "License Renewal Term") FITNESS FOR AF PARTICULARI PURPOSE. FURTHER, IN THE EVENT CUSTOMER DECLINES upon the payment by Customer of the annual software license and software maintenance and ES&S' INSTALLATION ANDA ACCEPTANCE TESTING SERVICES ORI IN ANYV WAY AT ANY TIME support fee as setf forth on thef front side of this Agreement. ES&S may terminate either license if ALTERS, MODIFIES OR CHANGES ANY EQUIPMENT, SOFTWARE, THIRD PARTY ITEMS Customer failst to payt the consideration duef for, orb breaches Sections 1(), 2,or8v with respectt to, AND/OR NETWORK (COLLECTIVELY: "SYSTEM") CONFIGURATIONS WHICH HAVE BEEN suchl license. Upont thet termination ofe elther ofthell licenses grantedins Section1 1(b) forE ES&S Software PREVIOUSLY INSTALLED BY ES&S OR WHICH ARE OTHERWISE REQUIRED IN or upon Customer's discontinuance oft the use of any ES&S Software, Customer shalli immediately ACCORDANCE WITHT THE CERTIFIED VOTING SYSTEM CONFIGURATION, ALLI WARRANTIES retums such ES&S Software and ther related Documentation (including any and all copies thereof) to OTHERWISE PROVIDED HEREUNDER WITH REPECT TO THE SYSTEM PURCHASED, ES&S, or (if requested by ES&S) destroy such ES&S Software and Documentation and certify in LEASED, RENTED AND/OR LICENSED UNDER THIS AGREEMENT SHALL BE VOID AND OF 4. Updates. Duringt thel Initial License Term or anyl License Renewal Term, ES&S may provide 7. Limitation Of Liability. Neither party shall be liable for any indirect, incidental, punitive, newr releases, upgrades or maintenance patches tot the ES&S Software, together with appropriate exemplary, special or consequential damages of anyk kindy whatsoever arising out oforr relatingtot this Documentation ("Updates"), onas schedule defined byE ES&S. Customeri is responsible for obtaining Agreement. Neither party shall bel liablef fort thec other party's negligent orw willfulr misconduct. ES&S' any upgrades or purchases oft Third-Party! Items required to operatet the Updatesa as wella ast the cost total liablity to Customer arising out of or relating to this Agreements shalln note exceedt thea aggregate ofa anyr replacements, retrofits or modifications tot the ES&S Equipment which may be necessary in amountt to bep paidt to ES&S hereunder. Bye entering intot this Agreement, Customer agreest to accept ordert toc operatet thel Updates. AIIL Updates shall be deemed tobeE ES&S Softwaref forp purposes ofthis responsibility for (a) the selection of, use of and results obtained from any equipment, software or Agreement upon delivery. Customer may install the Updates in accordance with ES&S' services notp provided by ES&S andu used witht the ES&S Equipment or ES&S Software; or (b) user recommended instructions or may request that ES&S install the Updates. ES&S may charge errors, votere errors orp problemse encountered! bya anyi individuali in votingt thata arer noto otherwise aresult Customer atits then-current ratest to () install the Updates; (I) train Customer on Updates, Ifsuch of thef failure of ES&S to perform. ES&S shall not be liable under this Agreement for any claim, training is requested by Customer or (ii)p provide maintenance ands support ont the ES&S Software damage, loss, judgment, penally. cost, amount paid in settiement or fee that is caused by (y) that is required as a result of Customer's failure to timely or properly install an Update. Customer Customer'sf failure tot timely orp properlyi install andu use ther most recentu update provided! toitby ES&S shall! be responsiblef fora any daim, damage, loss, judgment, penalty, cost, amount paidi in settlement or(z) Customer's election nott tor receive, ortot terminate, the Hardware! Maintenance! Services ort the by ES&S. If Customer proposes changes in the ESaS Software to ES&S, such proposals wil 8. ProprietaryRights. Customera acknowledgest anda agrees asf follows: Customer thatt the Updates will comply with all applicable state law requirements at the time of design ando configuration oft the ES&S Equipment and thef format, layout, measurements, design and delivery. Customers shall ber responsible to ensure thatt it has installed andi is using only certified all other technical information associated with the ballots to be used with the ES&S Equipment. versions of ES&S Software in accordance with applicable law. Int the eventt that any Updates are Customer hast the right to uset the aforementioned items to the extent specified in this Agreement. required duet too changesi ins statel law,E ES&S reserves theri rightt to charge Customer fort thef following: ES&S alsoo owns allp patents, trademarks, copyrights, trader names ando other proprietary ori intellectual () thet total costo ofanyre replacements, retrofits orr modificationst tot theE ES&SE Equipment contracted. substantial value to ES&S. Customers shall keept the ESES Software andn related Documentation free forh hereint thatn may be developed ando offered byE ES&Si inc ordert fors such ES&S Equipmentt tor remain and dear ofa all claims, liens ande encumbrances ands shallr maintain allo copyright, trademark, patent or (i) Customer's pro-rata share of the costs of designing, developing and/or certification by copiesoft Software, the Documentation, training materials and ballots that are provided, and all permitted Customer's pro-rata share oft thec costsi included under subsection ()a above shall be determined at other 9. Iermination. This Agreementr mayb bet terminated, in writing, ata anyt time bye either within partyift the thet time by dividing ther number of registered voters in Customer's jurisdiction by thet totaln number of afterit itreceivesv party breaches writtenr any notificationt material thereoff provision fromt hereof then non-breaching; and does not cure such breach 30 days Update which is required due to a change in local lawo oris otherwise reguested or required by regarding(1)a producto or service for which payment hasr noty madet to ES&S, (2)the amount 5. Delivery: Risk ofLoss. TheE Estimated Delivery Datesa andF FirstE Election Use (fa any)s setf forth nevertheless pay to ES&S when due all undisputed amounts. Suchp payment shall noto constitutea ont the front side of this Agreement are estimates and may only be established or revised, as waiver by Customer or ES&S ofanyofits rights andr remedies againstt the other party. this Agreement, changes requested by Customer, product availability and other events. ES&SV will Isp pastd due moret than 30 days, ES&S may suspend performance under this Agreement untils such notify Customer ofs suchr revisions ass soona as ESAS becomes aware ofs suchr revisions. Risk ofk loss amount is paid. Any disputed or undisputed payment notp paid by Customer to ESRS when dues shall  thef fronts side oft this Agreement The consideration for ES&S grant of thel license during thel Initial Agreement! havet beenp paidby Customer. shallp passt to Customer when Customer hasp paid ES&St thet totala amount setf forth ont thef fronts sideof Period"), itwillr repair or replace  Termfort theE ES&S Firmwarei isi includedint the costo oft the ES&S Equipment.  6. Warranty,  Equipment Purchase. Subject to thet terms and conditions oft this Agreement, ES&S  a. ESASEauiemenVESASS Software. ES&S warrants that  ES&S  30, or 2022 (the Warranty  thisA Agreementf for theE ES&S Equipment.  any component ofthe Equipment ES&S Software which,  while under normal use ands service: () failst to perform in accordance with its Documentation in all  Jurisdiction. ES&S Software ort the Documentation: orallofthe ES&S Software; partyw withoutE ES&S' priory writtenc consent; or written consent; or  Customer notifies ES&SV withint three (3)b business days oft the discovery ofthef fallure of performance ES&S Software to be repaired or replaced has not been repaired, changed, modified or altered except as authorized or approved by ES&S, (I) the ES&S Equipment or ES&S Software to be ther reasonable control of ES&S or Customer, including acts of God, fire, floods, riots, acts of war, delays, governmental regulations and ubility or communication! interruptions, and (IV) Customer has installed andis is using the mostr recent update providedt toitby ES&S. Thisv warranty is void for any specifications, (I) have been severely handled so ast to causer mechanical damage tot theu unit, or (i) ES&S' OBLIGATIONS, AS DESCRIBED IN SUCH SUBSECTION, ARE CUSTOMER'S SOLE AND  patent pendingo orp patent), including, butn notli limitedt to, anyb ballots shells orb balloto codes stock.  writingto ES&S that such destruction! has occurred.  NOF FURTHERF FORCE ANDI EFFECT.  orfeey whichi isc caused by Customer'sf failuret toi install andu uset ther most recent Update provided toit ES&S Software Maintenance ands Support.  become ES&S' property. ES&S may, in its sole discretion, elect to make or not to make such ES&S changes without reference or compensation to Customer or any third party. ES&S represents to () thete totald costo ofa anyt third-partyi itemst thata arer requiredi inc ordert too operate thel Updates; complianty witha applicablel laws andr regulations; and applicable federala ands statea authorities ofsuchs stater mandated Updates.  owns the ES&S Software, all Documentation and training materials provided by ES&S, the property in, or used in connection with, the aforementionedi items. The aforementionedi items also contain confidential and proprietary trade secrets of ES&S that are protected by! law and are of otheri intellectual orp proprietary rights notices that are setf forth on theE ES&S Equipment, the ES&S  thef foregoing.  registered voters in all counties in Customer's state to which ES&S has sold and/or licensed the Equipment and/or Licensed Software purchased and! licensed by Customer under this Agreement. 10. Disputes. Customer shall payE ES&S the entire costsi incurred for design, development and certification of any applicable, byt thep parties, Inaw written amendment! to this Agreement, because of delays ine executing  party. yetbeenr  Payment of Undisputed Amounts. In the event ofa dispute between the parties due ES&S for any product or service, or (3) the due date of any payment, Customer shall b. Remedies for Past Due Undisputed Payments. lfany undisputed payment to ES&S  Customer.    Exhibit5 5  beari interestf fromt thed dued date atan ratee equalt tot thel lesser ofone ando one-half percent perr month or ther maximum amount permitted bya applicable lawf for each month orp portion thereof during whichit 11. Assignment. Excepti int the case ofar reorganization ofthe assets or operations ofE ES&SV with one or more affiliates of ES&S ort the sale, transfer or assignment ofa allo or substantially allo of the assets ofE ES&S or any business operations thereof toas successor who has assertedi its intent to continue the applicable business of ESaS, neither parly may assign ort transfer this Agreement or assign, subcontract or delegate any of its rights, duties or obligations hereunder without the prior written consent of the other party hereto, such consent not to be unreasonably withheld or 12. Compliance with Laws. ES&S warrants to Customert that, att thet time ofc dellvery, the ES&S Equipment andE ES&S Software solda andli licensed undert thisA Agreementy willc comply witha alla applicable requirements off federala ands statee election laws andr regulationst thata aren mandatorya ande effective asof the Effective Date and will have been certified by the appropriate state authorities for use in Customer's state. The ES&S Equipment and ES&S Software, including all components will be provided to Customer with a hardened network fort the election management: software (EMS).in accordance with theg guidelines oft the United States Election Assistance Commission. During the Term of this Agreement, in the event Customer fails to maintain EMSI in the hardened network or allows any internal or external access to the hardened network, Customer agrees toi indemnify and hold harmless ES&S from and against any and all claims, damages, losses, liens, obligations, liabilities, judgments, assessed damages, costs, expenses (incudingn reasonable attorney's fees) and theli likea arising outo oforn relatedt tot the Customer'sb breach ofitso obligations hereunder. 13. Voting System Reviews. In the event thatt the Jurisdiction or the State require anyf future reviews or examinations ("Reviews") ofo current or previous versions of state-certified ES&S voting systems or components thereof that are not otherwise required as a result of any changes or modifications voluntarily made byE ES&S tot the ES&S Software and/or ES&S Equipment! licenseda and (Customer's pro-ratas sharec ofthe costs of designing. developing, manufacturing: andlor certification by applicable federal ands state authorities ofa any mandated modifications tot the ESaS Equipment (i)t thet total costo of anyt third-party items that arer requiredi in orderf for the ES&S Equipment and/or ES&S Software to satisly any new requirements resulting from such Reviews in order to remain Customer's pro-rata share oft the costs included under subsections 13(i) and 13(mi) above shall be determined att thet time by dividing ther number ofr registered voters in Customer's jurisdiction byt the total number of registered voters in all counties in Customer's statet tov which ES&S has sold and/or licensed the ESAS Equipment andlor ESaS Software purchased and licensed by Customer under. 14. Entire Agreement. This Agreement, including alle exhibits hereto, shall be binding upona and inuretot theb benefit oft thep parties andt their respective representatives, successors anda assigns. This Agreement, including allE Exhibits hereto, contains the entire agreement ofthe parties withr respectto the subject matter hereof and shall supersede and replace any and all other prior or contemporaneous discussions, negotiations, agreements or understandings between the parties, whether written or oral, regarding thes subject matter hereof. Any provision of any purchase order, formo ord other agreementv whicho conflictsV witho ori isina addition tothep provisions ofthisA Agreements shall beofnof force ore effect. Inthe evento of anys conflictb betweena aprovisiono containedina anExhibitt tothis Agreement andt these General Terms, thep provision containedi int theE Exhibits shallo control. Nov waiver, amendment orr modification of any provision ofthis/ Agreement shall be effective unlessi inv writinga and signed by thep partys against whoms suchy waiver, amendment or modificationi is soughtt to be enforced. No consent bye either partyt to, or waiver of, ab breach by either partys shall constitute a consentt toor walvero ofa anyo othero different ors subsequentb breach bys eltherp party. ThisA Agreements shall beg governed by and construed in accordance witht thel laws oft the State inv which the Customer resides, without regard toi its conflicts of laws principles. Thep parties agree that venue for any dispute or cause of actiona arising outo ofor relatedt tot this Agreements shall beint thes state andf federal courts ofthe United States locatedi in the Statei in whicht the Customer resides. ES&S is providing equipment, software and services to Customer as an independent contractor, and shall not be deemed to be a" state actor for purposes of4 42 U.S.C. S1 1983. ES&S maye engages subcontractors top provide certain ofthe equipment, software or services, but shall remain fully responsible for such performance. The provisions ofs Sections 1-4, 6(b), 7,8, 10b), 11-141 these General Terms shalls survivet thet termination  remains unpaid.  conditioned, noru undulyo delayed.  sold hereunder, Customers shall be responsible for: 0 Customer's pro-ratas sharec ofsuch Reviewo costs; and/orE ES&S Software thatn mayr result froms suchF Reviews; and  certified; thisA Agreement.  ofthis Agreement, tothee extenta applicable.    Exhibit 5  EXHIBITA A SERVICES POST-WARRANTY PERIOD) ARTICLEI GENERAL  HARDWARE MAINTENANCE AND SOFTWARE LICENSE, MAINTENANCE, AND SUPPORT  1. Term: Termination. This Exhibit A for Hardware Maintenance and Software License, Maintenance and Support Services shall bei in effect for the coverage period as described in Schedule A1 (the "Initial Term"). Upon expiration of the Initial Term, this Exhibit A shall automatically renew for an unlimited number of successive Two-Year Periods (each a "Renewal Period") until this Exhibit A is terminated by the first to occur of (a) either party's written election not to renew, which shall be delivered tot the other party at least thirty (30) days prior to the end of the Initial Term or any Renewal Period, as applicable, (b) the date which is thirty (30) days after either party notifies the other that it has materially breached this ExhibitA, if the breaching party fails to cure such breach (except for a breach pursuant to subsection (e), which will require no notice), (c) the date which is thirty (30) days after ES&S notifies Customer that it is no longer able to procure replacement parts that may be needed in order to perform the Hardware Maintenance Services contemplated hereunder, (d) the date on which the Equipment or firmware installed thereon is no longer certified by federal and/or state authorities for use in Customer's jurisdiction, or (e) the date which is thirty (30) days after Customer fails to pay any amount due to ES&S under this ExhibitA. The termination of this Exhibit A shall not relieve Customer of its liability to pay any amounts due to ES&S hereunder and shall only entitle Customer to a prorated refund of any fees already paid to ES&S int the event that thisi is Exhibit A is terminated pursuant to subsection 1(c) or 1(d) above. 2. Fees. In consideration for ES&S' agreement to provide Hardware Maintenance and Software License, Maintenance and Support Services under this ExhibitA, Customer shall pay to ES&S the Hardware Maintenance and Software License, Maintenance and Support Fees set forth on Schedule A1 for the Initial Term. The Hardware Maintenance and Software License, Maintenance and Support Fees for the Initial Term are due as set forth on Schedule A1. ES&S may increase the Hardware Maintenance and Software License, Maintenance and Support Fees for a Renewal Period by not more than 5% of the amount of the most recent Fees paid by Customer. All fees for any Renewal Period shall be due and payable no later than thirty (30) days prior to the beginning of such Renewal Period. The Software License, Maintenance and Support Fee shall be comprised of () a fee for the Software License, Maintenance and Support provided for the ES&S Firmware, and (i) a fee for the Software License, Maintenance and Support provided for all other ES&S Software, and shall be in addition to any fees or charges separately referred to in any Section of this ExhibitA. If Customer elects to receive Software License, Maintenance and Support for an Add-On or New Product during the Initial Term or any Renewal Period thereof, ES&S will charge an incremental Software License, Maintenance and Support Fee for  such services.  ARTICLEI HARDWARE  1.  Maintenance Services. The Hardware Maintenance Services to be provided to  Customer under this Agreement for the ES&S equipment set forth on Schedule A1 (the Products") shall  be subject to thet following terms and conditions:  a.  Routine Maintenance Services. An ES&S Representative shall provide such  services as may be necessary to keep the Products working in accordance with their Documentation, normal wear and tear excepted ("Normal Working Condition"). The services provided by ES&S pursuant to this Subsection 1(a) are referred to herein as "Routine Maintenance Services. Routine Maintenance Services shall be provided once each Twenty- Four (24) Months during the Initial Term or any Renewal Period thereof. Generally, Routine Maintenance Services shall include cleaning, lubrication, diagnostic check, and calibration  1    Exhibit. 5  services. The Routine Maintenance Services shall not include the repair or replacement of any ES&S Equipment components that are consumed in the normal course of operating the Equipment, including, but not limited to, headphones and headphone protective covers, printer cartridges or ribbons, paper, batteries, drums, toners, fusers, transfer belts, removable media storage devices, seals, keys, power supplies/cords, PCMCIA, Smart, or CF cards or marking devices (collectively, the "Consumables"). ES&S may modify and make available additional Consumables as they may become available from time to time. Customer may request that Routine Maintenance Services be performed more than once during the Initial Term or any Renewal Period. Any such request shall be made at least sixty (60) days before the Routine Maintenance Services are desired. The per-unit fee for such additional Routine Maintenance Services is set forth on Schedule A1 and shall be due within thirty (30) days after invoice date. ES&S will schedule the Routine Maintenance Services with Customer. The Routine Maintenance Services will be provided at Customer's Designated Location. Customer's "Designated Location" shall mean Customer's owned or leased facility at which Customer  desires ES&S to perform the Hardware Maintenance Services.  b.  Repair Services.  Defects Under Normal Use and Service. Ifa defect or malfunction  occurs in any Product while it is under normal use and service, Customer shall promptly notify ES&S, and ES&S shall use reasonable efforts to restore the item to Normal Working Condition as soon as practicable. The services provided by ES&S pursuant to this Subsection 1(b)(i) are referred to herein as "Repair Services". ES&S will perform Repair Services in conjunction with a Routine Maintenance Service event ii. Defects Due to Customer Actions or Omissions. If a defect or malfunction occurs in any Product as a result of (1) repairs, changes, modifications or alterations not authorized or approved by ES&S, (2) accident, theft, vandalism, neglect, abuse or use that is not in accordance with instructions or specifications furnished by ES&S or (3) causes beyond the reasonable control of ES&S or Customer, including acts of God, fire, floods, riots, acts of war, terrorism or insurrection, government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies, labor disputes, transportation delays, governmental regulations and utility or communication interruptions, rodent infestation, ori if Customer does not notify ES&S within 72 hours after it knows of the defect or malfunction, Customer shall pay ES&S for the Repair Services at ES&S' then-current rates, as well as for the cost of all parts used in connection with such Repair Services. ii. Timing. The date(s) on which any Repair Services shall be provided shall be mutually agreed upon by ES&S and Customer. IfCustomer requires ES&S to provide "emergency" Repair Services (which shall be defined as Repair Services that are provided by ES&S within 48 hours after Customer notifies ES&S of the need therefore), and such emergency Repair Services are not needed. as a result of an action, error or omission by ES&S, Customer shall pay a surcharge, as set forth on iv. Loaner Unit. At Customer's request and if such product is available, ES&S shall use reasonable efforts to promptly make available to Customer a product that is the same as, or substantially similar to, the Product for which Repair Services are being performed (a "Loaner Unit"). If the Repair Services are being performed pursuant to Subsection 1(b)(i) above, Customer shall pay ES&S for the use of the Loaner Unit at ES&S' then-current rates including the cost of shipping.  at the Customer's Designated Location.  Schedule A1.  C.  Exclusions. ES&S has no obligation under this Agreement to () assume the  obligations under any existing or expired warranty for a Third Party Item; (i) repair or replace  2    Exhibit. 5  Product components that are consumed in the normal course of operating the Product, including, but not limited to, printer ribbons, printer cartridges, paper rolls, batteries, removable media storage devices, PCMCIA cards or marking devices, or (ii) repair any Product from which the serial number has been removed or altered. In addition, ES&S may, at any time in its discretion, determine that any Product is no longer fit for Hardware Maintenance Services because iti is in such poor condition that it cannot practically be restored to Normal Working Condition, or cannot be restored to Normal Working Condition at an expense that is less than the then-current value of the Product. Ifsuch a determination is made, ES&S shall no longer be required to provide Hardware Maintenance Services for such Product. ES&S shall also refund to Customer an amount equal to (1) that portion of the most recent fee paid for Hardware Maintenance Services that is attributable to such Product, multiplied by (2) a fraction, the numerator of which is the remaining number of days in the respective period within the Initial Term or Renewal Period for which such fee was paid and the denominator of which is the total number of days in the respective period within such Initial Term or Renewal an ES&S Representative to provide maintenance or repairs with respect to the Products for sO long as the Initial Term or any Renewal Period is in effect. Customer shall provide ES&S Representatives with all information necessary to enable them to provide Hardware Maintenance Services. Customer shall likewise provide full access to the Products and adequate working space for all Hardware Maintenance Services performed at its Designated Location, including sufficient heat, lights, ventilation, electric current and outlets. secure environment. During the storage and operation of the Products, the temperature and moisture ranges should be maintained in accordance with the Products' Documentation. Initial Term or any Renewal Period thereof expires without being renewed, Customer may thereafter resume receiving Hardware Maintenance Services upon (a) notification to ES&S and (b) the granting to ES&S of access to the Products. ES&S requires Customer to allow it to inspect such Products before it provides any Hardware Maintenance Services. The purpose of such inspection shall be to determine whether or not the Products are in Normal Working Condition. The cost of such inspection will be at ES&S' then current rates and shall be due from Customer within thirty (30) days of its receipt of ES&S' invoice therefore. Ifany of the Products is not in Normal Working Condition, ES&S, at the option of Customer, () shall provide such repairs and replacements as it deems reasonable and necessary to restore such item to Normal Working Condition, at Customer's expense with respect to the cost of any labor (charged at ES&S' then current rates) and parts used in such repairs or replacements, or (i) shall not provide any Hardware Maintenance Services with respect to such Product(s). SOFTWARE LICENSE, MAINTENANCE AND SUPPORT SERVICES  Period. d.  Sole Provider: Access. Customer shall not permit any individual other than  e. f.  Environmental Conditions. Products should be stored in a clean, dry and Reinstatement of Hardware Maintenance Services: Inspection. If the  ARTICLE III  1.  License and Services Provided. ES&S shall provide license, maintenance and support  services ("Software License, Maintenance and Support") for the ES&S Software and ES&S Firmware (collectively, "ES&S Software"), to allow Customer to continue to license and use the software in accordance with the license terms set forth in Sections 2-4 of the General Terms as well as to enable itt to perform in accordance with its Documentation in all material respects, and to cure any defect in material or workmanship. The specific Software License, Maintenance and Support services provided by ES&S and each party's obligations with respect to such services are set forth on Schedule/ A1. to provide Updates in accordance with the terms of Section 5 of the General Terms. In the event Customer requests that ES&S install ES&S Firmware Updates in accordance with Section 5 of the  2.  Updates. During the Initial Term and any Renewal Period thereof, ES&S may continue  3    Exhibit 5  General Terms, ES&S shall install such ES&S Firmware Updates in conjunction with a scheduled Routine Maintenance Services event provided Customer is subscribing to and has paid for ES&S' hardware maintenance services which include Routine Maintenance Services. Customer shall pay ES&S to install all ES&S Firmware Updates which are requested to be installed outside of a scheduled Routine Maintenance Services event or in the event the Customer has not subscribed to ES&S' hardware maintenance services which include Routine Maintenance Services. Notwithstanding: the foregoing, item of ES&S Software if such item requires such services as a result of (a) repairs, changes, modifications or alterations not authorized or approved by ES&S, (b) accident, theft, vandalism, neglect, abuse or use that is not in accordance with instructions or specifications furnished by ES&S, (c) causes beyond the reasonable control of ES&S or Customer, including acts of God, fire, floods, riots, acts of war, terrorism or insurrection, government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies, labor disputes, transportation delays, governmental regulations and utility or communication interruptions, (d) Customer's failure to timely and properly install and use the most recent update provided toi itby ES&S, or (e) Customer's failure to notify ES&S within three (3) business days after Customer knows of the need for such services. Any such Software License, Maintenance and Support shall be provided at the fees to be agreed upon by the parties if and when the need for such Software License, Maintenance and Support arises. Replacement versions of Software requested by Customer as a result of items set forth int this Section 3 or as a result of Customer's actions or inactions shall be billable to Customer at ES&S' then current rates. corrections, programs, information and work product conceived, created or developed, alone or with Customer or others, as a result of or related to the performance of this Exhibit A, including all proprietary rights therein or based thereon. Subject to the payment of all Software License, Maintenance and Support Fees, ES&S hereby grants to Customer a non-exclusive license to use that portion of such corrections, programs, information and work product that ES&S actually delivers to Customer pursuant to this ExhibitA. All licensed items shall be deemed to be ES&S Software for purposes of this Exhibit A. Except and to the extent expressly provided herein, ES&S does not grant to Customer any right, license, or other proprietary right, express or implied, in or to any corrections, programs, information, or work any Renewal Period thereof expires without being renewed, Customer may thereafter receive a Software License and resume receiving Software Maintenance and Support upon (a) notification to ES&S, (b) payment of all fees, which would have been due to ES&S had' the Initial Term or any Renewal Period not expired, and (c) the granting to ES&S of access to the ES&S Software, so that ES&S may analyze it and perform such maintenance as may be necessary before resuming the Software License, Maintenance  Customer shall pay ES&S to install all election management software Updates.  3.  Conditions. ES&S shall not provide Software License, Maintenance and Support for any  4.  Proprietary Rights. ES&S shall own the entire right, title and interest in and to all  product covered by this ExhibitA A.  5.  Reinstatement of Software License, Maintenance and Support. If the Initial Term or  and Support services.  4    Exhibit. 5  Schedule A1 Pricing Summary  Summary: Description  Refer To ES&S Hardware Maintenance Description and Fees Below ES&S Firmware License, Description and Fees Below  Amount $8,190.00 $5,460.00 $13,650.00  ES&S Hardware Maintenance Fees  ES&S Firmware License, Maintenance and Support Fees Maintenance and Support  Total Maintenance Fees for the Initial Term:  Payment Terms: each period within the Initial Term. Terms & Conditions:  ES&S shall Invoice Customer annually for each year of the Initial Term. Payment is due before the start of Note 1: Any applicable state and local taxes are not included, and aret the responsibility of Customer.  5    Exhibit. 5  ES&S HARDWARE MAINTENANCE DESCRIPTION. AND FEES Initial Term: Expiration oft the Warranty Period through the fourth anniversary thereof  Annual Maintenance Fee Per Unit $97.50 $97.50 $97.50 $97.50  Maintenance Fee In Total $2,047.50 $2,047.50 $2,047.50 $2,047.50 $8,190.00  Qty  Description  Coverage Period Year1 Year 2 Year 3 Year 4  21 ExpressVote BMD Terminal 21 ExpressVote BMD Terminal 21 ExpressVote BMD Terminal 21 ExpressVote BMD Terminal  Total Hardware Maintenance Fees for thel Initial Term  Note 1: The Per-Unit Fees if Customer requests more than one Routine Maintenance visit in a 24- Note 2: Surcharge for Emergency Repair Services shall be the daily maintenance service rate in  month period shall be 75% of the then current maintenance fee per unit.  effect at the time such service is requested.  Note 3: Customer's Designated Location: Dale County, Alabama  Note 4: The Per Unit Surcharge for performance of Routine Maintenance visit at more than one Customer Designated Location shall be $25.00 per unit for all units located at second or more  locations.  Hardware Maintenance Services Provided by ES&S Under this Schedule A1  1. Telephone Support. 2. Issue Resolution.  3. Technical Bulletins will be available through Customer's ES&S Web-based portal.  4. Routine Maintenance Services.  Onsite scheduled maintenance inspection per Article II, Section 1(a). The Service performed by an ES&S trained and certified technician. Performance of factory approved diagnostics on the unit, identifying and making adjustments where necessary: as indicated by the testing. Replacement of worn or defective parts with new or remanufactured Conducting a final test to verify that the unit is working according to Use of a checklist tailored for each piece of ES&S Equipment.  Inspection includes:  federally and state certified parts. manufacturer's specifications.  6    Exhibit 5  5. Repair Services.  Customer will receive coverage for interim repair calls.  Interim repair calls may be provided during a scheduled Routine Maintenance Services event or scheduled in conjunction with other service work being performed in close proximity to Customer's location if AProduct may be sent to ES&S' Depot location for repairs at a time to  such repairs are note election critical.  ber mutually agreed upon by ES&S and Customer.  6. Priority Services.  Customer has access to the ES&S Help Desk for assistance. The customer receives priority on service calls. The customer receives priority on response time. The customer receives priority on certified ES&S parts inventory.  Note: Except for those Hardware Maintenance Services specifically set forth herein, ES&S is under no obligation and shall not provide other Hardware Maintenance Services to the Customer unless previously  agreed upon in writing byt the parties.  7    Exhibit. 5  ES&S SOFTWARE LICENSE, MAINTENANCE, AND SUPPORT DESCRIPTION. AND FEES Initial Term: Expiration oft the Warranty Period through the fourth anniversary thereof Listed below are the Hardware Products and Fees for which Firmware License, Maintenance and Support  FIRMWARE  will be provided:  Annual Firmware License, Support Fee Per Unit $65.00 $65.00 $65.00 $65.00  Firmware License, Maintenance and $1,365.00 $1,365.00 $1,365.00 $1,365.00 $5,460.00  Qty  Description  Coverage Period Year 1 Year 2 Year 3 Year 4  Maintenance and Support Fee In Total  21 ExpressVote BMD Terminal 21 ExpressVote BMD Terminal 21 ExpressVote BMD Terminal 21 ExpressVote BMD Terminal  Total Firmware License, Maintenance and Support Fees for the Initial Term  Software License, Maintenance and Support Services Provided by ES&S under the Agreement  1. Telephone Support. 2. Issue Resolution.  3. Technical Bulletins willl be available through Customer's ES&S Web-based portal. Note: Except for those Software License, Maintenance and Support services specifically set forth herein, ES&S is under no obligation and shall not provide other Software License, Maintenance and Support Software License, Maintenance and Support and Hardware Maintenance and Support Services = 1. Customer shall have completed at full software training session for each product selected.  services tot the Customer unless previously agreed upon by the parties.  Customer Responsibilities  Customer shall have completed training at a proficiency level to successfully use Customer shall have the ability to install firmware and application software and Customer shall have the ability to change consumable items. Any other changes made by the customer must be pre-approved in writing by ES&S.  the hardware (firmware) and software products. make changes to date and time settings.  2. Customer shall have reviewed a complete set of User Manuals.  3. Customer shall be responsible for the installation and integration of any third-party hardware ors software application or system purchased by the Customer, unless otherwise agreed upon, 4. Customer shall be responsible for data extraction from Customer voter registration system.  inv writing, byt the parties.  8    Exhibit5  5. Customer shall be responsible for implementation of any security protocols physical, network or otherwise which are necessary for the proper operation of the ES&S Equipment and ES&S 6. Customer shall be responsible for the acceptance of the Equipment and Software, unless 7. Customer shall be responsible for the design, layout, set up, administration, maintenance or 8. Customer shall be responsible for the resolution of any errors associated with the Customer's network or other hardware and software not purchased or recommended by ES&S and not otherwise identified in the User Guides as part of ES&S' Equipment and Software. 9. Customer shall be responsible for all costs associated with diagnosing ballot printing problems resulting from the use of non-ES&S Ballot Partner Printers ballots. 10. Customer shall be responsible for the payment of additional or replacement Software CDs or DVDs requested by Customer. The price for such additional or replacement Software CDs or  Software.  otherwise agreed upon,i in writing, by the parties. connectivity of the Customer's network.  DVDs shall be at ES&S' then current rates.  9    Exhibit 6  Public Notice  C&DLandfill Change ofOperation Hours  The Dale County Commission announces that the Dale County Construction and Demolition (C & D) Landfill will be open to the public on the third Saturday of each  quarter of the year starting September 18, 2021.  The Monday June 24, 2021 opening day remains as scheduled.  The Dale County C & DI Landfill cannot accept the following items: household garbage, electronics, stereos, televisions, microwaves, tires, paint cans, aerosol cans, asbestos materials and other hazardous materials. Call (334)774-4158 for additional information.  Run 3 times: June 17, June 24 and July 1, 2021    Exhibit 7  BULL& SIMECHAK ATTORNEYSA ATI LAW, LLC P.O. Box 1161 285 SUnion Ave Ozark, AL36360 Phone: 334-774-1124 Fax: 334-774-1134 June 8, 2021  J.I NICHOLAS BULL Attorney jnbull@gmail.com  MATTHEW T. SIMECHAK Attorney msimechak@gmail.com  Mr. Chairman,  At this time, after reviewing the purpose of the Executive Session with the County Administrator, Ir recommend that the Commission move into executive session for the purpose of discussing matters of Commerce or Trade presented by the Director of Ozark/Dale County Economic Development. The executive session is necessary, at this time, because if the discussion were not held in executive session, the discussions (a) would have a detrimental effect upon the competitive position ofa a party to the negotiations or the location, retention, expansion, or upgrading of a public employee or business entity in the area or (b) the discussions would disclose information protected by the Alabama Trade Secrets Act, as authorized under Ala. Code  36-25A-7a)(7).  Further, Mr. Chairman, due to the necessity to discuss funding sources and budgetary issues, iti is recommended that the County Administrator be present fort 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, should the commission determine it necessary to transact. any further business as a result of the  executive session. Sincerely,  R J.Nicholas Bull Assistant County Attorney Dale County