CODRA  MISS  Dale County Commission Actions Taken by Chairman - April 14, 2020  The regularly scheduled meeting of the Dale County Commission was cancelled by Chairman Mark Blankenship due to public safety concerns regarding the COVID-19 pandemic. The public The following actions were taken by Chairman Blankenship under the following  was notified on April 6, 2020.  Resolutions:  Resolution 2020-3-17-1, Emergency Closing of County Buildings and Cessation of Operations, that was approved by the Commission on March 17, 2020. See Exhibit 1. Resolution 2020-3-17-2, Emergency Resolution Regarding the COVID-19 Pandemic that  was approved by the Commission on March 17, 2020. See Exhibit 2.  APPROVED - PERSONNEL  On April 14, 2020, approved the following:  William Bradley - Jailer - Jailer, VI-F Promotion. Bailey Wright - Jailer - Jailer,VI - Promotion.  APPROVED - MAINTENANCE OF FINGERPRINT MACHINE AGREEMENT - JAIL  On April 14, 2020, approved fingerprint machine maintenance agreement for the Jail.  See Exhibit 3.  APPROVED - COLLECTION OF LODGING TAX AGREEMENT  On April 14, 2020, approved a 3-year agreement with AVENUE Insights & Analytics, LLC for the collection of Lodging Taxes. No change from current agreement. See Exhibit 4.    Dale County Commission  Actions Taken by the Chairman- -April 14,2020  Page 2of2  APPROVED - ADMINISTRATIVE LEAVE POLICY  On April 14, 2020, approved a Temporary Suspension and Amendment of Personnel Rules of the Dale County Commission. This allows for 40 hours of administrative leave.  See Exhibit 5.  AMy  Mark Blankenship, Commission Chairman  ATTEST:  Administrator  LB  CherylGaney, County    Exhibit I  COUNTY OF DALE STATEOF. ALABAMA  RESOLUTION OF THE DALE COUNTY COMMISSION  EMERGENCY CLOSING OF COUNTY BUILDINGS AND CESSATION OF OPERATIONS WHEREAS, Dale County Commission is conçerned for the welfare and safety oft the citizens oft the county as WHEREAS, the Dale County Commission recognizes that there are emergency situations that necessitate the closing of the courthouse and county buildings and the cessation of certain county operations; and WHEREAS, the Dale County Commission recognizes that emergency closings oft the courthouse and county buildings must be in accordance with the Code of Alabama, Section 31-9-10 (b) (6); and WHEREAS, the Dale County Commission recognizes that in most emergency situations it is not possible to WHEREAS, the legislative body ofthe Dale County Commission recognizes that the Chairman ofthe County Commission is the appropriate County official authorized to act on behalfo ofthe County in emergency matters; NOW THEREFORE BE ITI RESOLVED that the County Commission Chairman, after determining from reliable sources that an emergency exists, has the authority to close the Courthouse or other Dale County buildings and cease county operations in one or more offices or departments in the event that circumstances creating the emergency prohibit the County Commission from meeting to vote on the closing until such time that a meeting can safely be convened. Ifthe Commission Chairman is unavailable, the following is the chain ofc command that is authorized to close the courthouse or other county buildings and cease county operations in emergency situations: Duly designated Acting Chairman, County Administrator, County Engineer. BE ITI FURTHER RESOLVED that the Commission Chairman or alternate shall instruct County Commission Office personnel to inform all department heads, appropriate Court Officials and the public of such closing. This resolution is hereby passed and approved by Dale County Commission in official session on this  well as employees working in the courthouse and county buildings; and  convene an emergency meeting oft the Commission; and  the 17th day of March, 2020.  DALE COUNTY/ÇOMMISSION:  -  Mark Blankenship, Chairman Chris Carroll, District1 Steve McKinnon, District 2 A Charles W. Gary, District3 Frankie Wilson, District 4  -  3  Attest:  EhGy    Exhibit2  COUNTY OF DALE STATE OF ALABAMA  EMERGENCY RESOLUTION REGARDING THE COVID-19 PANDEMIC WHEREAS, Dale County Commission is concerned for the welfare and safety of the citizens of WHEREAS, Al Federal and State Emergency has been declared regarding the 2020 Coronavirus WHEREAS, The Dale County Commission does also declare that an emergency does exist in WHEREAS, the Dale County Commission recognizes that as the Pandemic progresses itis possible that public officials and members oft the public and media may become ill or WHEREAS, the Dale County Commission recognizes that the current Pandemic emergency may prevent regularly scheduled meetings of the Commission called to act upon ordinary county WHEREAS, the legislative body oft the Dale County Commission recognizes that the Chairman oft the County Commission is the appropriate County official to act on behalfofthe County in NOW THEREFORE BE IT RESOLVED that the County Commission Chairman is hereby delegated with the authority- during the duration ofthis Covid-19 emergency- to act on behalf of the Commission when it cannot safely meet in carrying on the ordinary and regular business of the Commission which shall include, but not bel limited to, the collection of funds, the payment ofinvoices and salaries, personnel matters, maintenance, County operations, County services and emergency management. Items of a permanent or substantial nature are reserved to the action of Ifthe Commission Chairman is unavailable, the following is the chain of command that is authorized to conduct such county business on behalf oft the Commission: 1. Duly authorized Acting Chairman, 2. County Administrator. All prior resolutions and actions of the Commission contrary to this directive arel hereby rescinded or modified during the Covid-19 emergency.  the county as well as County Employees and Public Officials and; and  Pandemic also known as the Covid-19 Virus and Dale County as ai result of the Virus and  quarantined and unavailable to attend public meetings and  business and  conducting regular and ordinary business in times ofe emergency;  the Commission at regular or special meetings.    Exhibit2 2  The purpose oft this resolution is to clearly state that the Chairman or his alternate has the full and complete authority to act on behalf ofthe Commission in regard to the day to day operations of the Commission when the Commission itselfi is unable to do sO because of the Pandemic emergency sO declared by the Governor of Alabama and the President of the United States of America. The actions of the Chairman must be in accordance with State and Federal laws and any Orders oft the Courts or Administrative Agencies and are subject to modification ini the  discretion of the Commission.  This resolution is hereby passed and approved by Dale County Commission in official session on  this the dayo of Achzd  DALE COUNTY COMMISSION: 2 - M :  5K  52  Attest:  Shudafag Commission Clerk  2    Exhibit3  n    Exhibit3  IDEMIA IDENTITY & SECURITY USA LLC SYSTEM MAINTENANCE TERMS AND CONDITIONS  for use with U.S. End User Customers covering Idemia Live Scan Product Line  I.  GENERAL SCOPE OF COVERAGE Subject toj paymenti ini full ofthe applicable maintenance fees for the system ("System") described in Idemia Identity & Security USA LLC's ("Idemia") current Maintenance Agreement Addendum ("Addendum") with customer ("Customer"), Idemia, or its authorized agents or subcontractors, shall provide the System maintenance services ("Services") set forth and in accordance with the terms herein (this "Agreement") and the Addendum. The terms of the Addendum are hereby incorporated into this Agreement by this II. MAINTENANCE SERVICES The Services provided by Idemia are those services selected by Customer from one ori more ofthei following A. Included With All Remedial Maintenance Services. Included With All Remedial Maintenance Services are Unlimited 24/7 telephone technical support for System hardware and software from thel Idemia TouchCare Support Center via Idemia toll free TouchCare Support Center managed problem escalation, as required, to Idemia's technical support staffto resolve unique problems. Idemia shall furnish all parts and components necessary fort the service and maintenance ofthe System. Replacement; parts shall be sent to the Customer. All replaced defective parts shall become Idemia's property. Idemia shall determine if a replacement part is necessary. Replacement parts and components may be new or refurbished. Unless otherwise agreed by Idemia, replacement parts and components needed at international destinations shall be shipped by Idemia to the Customer-specified United States destination, and the Customer shall arrange for shipment of the parts and components to the final international destination. In the event Idemia ships replacement parts and components to an international destination, the Customer shall be responsible for all shipping expenses, duties, tariffs, taxes, and all other delivery related  Idemia shall make available to Customer one copy (in electronic or other standard form) of each Update (defined herein) for those System components that are developed by Idemia and forwhich Idemia, ini its sole discretion, elects to develop and generally make available to customers whose Systems are under warranty or underac current Idemial Maintenance. Agreement Addendum. Customer shall provide Idemia with continuous network or dial-up access tot the System (whether stand alone or connected to a central site), and Idemia shall deliver the Update via this remote means of delivery. In the event continuous network or dial-up access isnot available for 24/7. Maintenance Services and 9/5. Maintenance Services Customers, then Idemia shall install the Update during any subsequently scheduled on-site visit by Idemia for service oft the System. An "Update" means a new release of such System software components that are developed by Idemia which contain (i) bug fixes, corrections, or a work-around of previously identified errors with such software, or (ii) minor enhancements, improvements, or revisions with substantially similar (but not new) functionality to the original licensed System software. B. 24/7 Maintenance Services. Idemia's 24/7 Maintenance Services are as follows: Customer will receive a1 telephone response to service calls within one (1) hour from the time the Customer placesaservice call withl Idemia's Idemia's Help Desk will attempt problem resolution via telephonic verbal and dial-in troubleshooting prior to dispatching a Idemia field service engineer to Customer's facility for Ifon-site service is necessary, suchs service shall be provided 24/7, including holidays. Idemia shall use its best efforts to have a Idemia field service engineer at the Customer's facility within four(4)hours from the time the engineer is dispatched by Idemia's Help Desk for customers located within a 100 mile radius of an authorized Idemia's service location and within 24 hours for customers located outside  reference.  maintenance services programs:  as follows:  telephone number.  Help Desk.  on-site service.  such 1001 mile radius.  charges.  2018 Livescan System Maintenance Terms and Conditions U.S. 1Customers (Idemia IS USA LLC)(003).docx    Exhibit3  Atnoadditional charge (provided Customer has granted Idemia with continuous network or dial-up access to the System, whether stand alone or connected to acentral site), Idemia will provide Customer with upt to four (4)Customer- requested type of transaction changes to existing type of transaction applications; provided further, however, that any such type of transaction change does not, in the sole opinion of Idemia's Development Management Team, require a significant development or deployment effort. Generally, a significant development effort is one that takes Idemia more than one full business day to develop, and a significant deployment effort is one that requires Idemia's deployment of one or more ofi its field service engineers to more than five (5) Customer locations or Idemia's field service engineer(s) collectively traveling a distance greater than 2501 miles in order to complete the installations. In any such events, Idemia will provide such services on a time and materials basis and Idemia will provide Customer with a quote for developing and providing Customer with any such applications and changes. Table updates are treated as Updates and will be made available to Customer in accordance with Section II.A. ofthis Agreement. C. 9/5 Maintenance Services. Idemia's 9/5 Maintenance Services are as follows: Customer will receive a telephone response to service calls within one (1)! hour from the time Customer places a service call with Idemia's Idemia's Help Desk will attempt problem resolution via telephonic verbal and dial-in troubleshooting prior to dispatching a Idemia field service engineer to Customer's facility for Ifon-sites servicei is necessary, suchs service: shall be provided nine (9) business hours (that is, 8:00 a.m. to 5:00 p.m.) per day, five business days per week. Idemia shall use its best efforts to have an Idemia's field service engineer at Customer's facility within eight (8) working hours from the time the engineer is dispatched by Idemia's! Help Desk ifCustomer's facility is located within a 100 mile radius of an authorized Idemia's service location and within 24 hours if Customer's facility is located outside: such 100 mile radius. Upon Idemia's acceptance of Customer's request for after hours service, Customer shall  pay for such after hours service on a time and materials basis at Idemia's then current rates. Atnoa additional charge (provided Customer has granted Idemia with continuous network or dial-up access to the System, whether stand alone or connected to ac central site), Idemia will provide Customer with upi to four (4) Customer- requested type of transaction changes to existing type of transaction applications; provided further, however, that any such type of transaction change does not, in the sole opinion of Idemia's Development Management Team, require a significant development or deployment effort. Generally, a significant development effort is one that takes Idemia more than one full business day to develop, and a significant deployment effort is one that requires Idemia's deployment of one or more ofi its field service engineers to more than five (5) Customer locations or Idemia's field service engineer(s) collectively traveling a distance greater than 2501 miles in order to complete thei installations. In any such events, Idemia will provide such services on a time and materials basis and Idemia will provide Customer with a quote for developing and providing Customer with any such applications and changes. Table updates are treated as Updates and will be made available to Customer in accordance with Section II.A. oft this Agreement. D. Help Desk Maintenance Services. Idemia's Help Desk Maintenance Services are as follows: The Services do not include any Idemia on-site maintenance services. The Customer agrees to provide the on-site personnel to assist the Idemia Help Desk with troubleshooting, module replacement, and installation of Customer shall maintain at least one (I) Idemia trained System manager on the Customer's System support staff during the term of such Services period contained in the applicable Addendum, and such Customer System manager shall be responsible for periodically backing-upSystem: software in accordance with Idemia's periodic requirements. Unless otherwise agreed in writing by Idemia, the Customer shall be responsible for the installation of each Update. Customer will receive a1 telephone response to service calls within one (1) hour from the time the Customer places as service call with Idemia's  Help Desk.  Updates, as required.  on-site service.  Help Desk.  2018 Livescan System Maintenance Terms and Conditions- 2U.S. Customers (Idemia IS USAI LLC)(003).docx    Exhibit3  Idemia shall furnish all parts and components necessary for the maintenance of the System. Idemia's shipment of a replacement part to Customer will be initiated promptly after the Idemia's Help Desk determines the need for such item. Replacement part orders initiated prior to 3:00 p.m. Central shall be shipped the same business day, where orders initiated after 3:00 p.m. Central shall be shipped the next business day. All shipments are made via next Ifa defective part is required by Idemia to be returned tol Idemia, the packaging material used ins shipment of the replacement part must be reused to return the defective part. [Note: defective parts are not repaired and returned to Customer. Customer will be invoiced for any defective parts that are not returned to Idemia within two (2) weeks after receipt of the replacement part. Idemia is not responsible for any markings (i.e., asset tags) that Customer may place on System components. Iti is Customer's responsibility to remove such Upon Customer's request for Idemia on-site service, Idemia shall use its best efforts to have a Idemia field service engineer at the Customer's facility within 48 hours from the time the engineer is dispatched by Idemia's Helpl Desk. Customer shall pay for such on-site service on a time and travel basis at Idemia's then current rates and travel policies, respectively. Prior to dispatch of a Idemia engineer, Customer shall provide Idemia witha purchase order ("P.O."), complete Idemia's P.O. Waiver form, or provide Idemia with a E. Preventive Maintenance Services. Idemia's Preventive Maintenance Services are as follows: Preventive maintenance service calls consist of System cleaning, verification ofcalibration, and verification of proper System configuration and operation in accordance with Idemia's specifications for such System. Idemia and Customer will seek to agree upon the scheduling of the preventive maintenance service call promptly after commencement of the term of this Agreement and the commencement ofa any renewal term. Preventive maintenance service calls are only available in connection with Idemia's 24/7 Maintenance Services and Idemia's 9/5 Maintenance Services offerings. Preventive maintenance service calls are priced on a per  call basis in accordance with Idemia's then current published prices for such Services. Preventive Maintenance Services may not be available for certain System components. II. EXCLUSIONS FROM SERVICES A. Exclusions. The Services do noti include any of the Additional training beyond that amount or level of training originally ordered by Customer. Maintenance support or troubleshooting for Customer provided communication networks. Maintenance required to the System or its parts arising out ofmisuse, abuse, negligence, attachment of unauthorized components (including software), ora accessories or parts, use ofsub-standard supplies, oro other causes beyond Idemia's control. Maintenance required due to the System being modified, damaged, altered, moved or serviced by personnel other than Idemia's authorized service representatives, or if parts, accessories, or components not authorized by Idemia are fitted to Maintenance required due to failures caused by Customer or Customer's software or other software, hardware or products not licensed by Idemia to Providing or installing updates or upgrades to any third party (i.e., Microsoft, Oracle, etc.) software. Providing consumable parts and components (i.e., platens, toner cartridges, etc.); such items are replaced at the Customer's expense. Maintenance required due to failures resulting from software viruses, worms, Trojans, and any other forms of destructive or interruptive means introduced into the System. Maintenance required due to failures caused by Customer facility issues such as inadequate power sources and protection or use of the System in environmental conditions outside of those conditions specified in Idemia's System B. Availability of Additional Services. At Customer's request, Idemia may agree to perform the excluded services described immediately above in accordance with Idemia's then current rates. Other excluded services that may be agreed to be performed by Idemia shall require Idemia's receipt of a Customer P.O., Customer's completion of Idemia's P.O. Waiver form, or Customer providing Idemia with a valid credit card number before work by Idemia is commenced.  following: System relocation.  day priority air.  markings.]  the System. Customer.  valid credit card number.  documentation.  2018 Livescan System Maintenance Terms and Conditions- 3U.S. Customers (Idemia IS USAI LLC) (003).docx    Exhibit3  C. Non-Registered System Components. Any System components not registered in the Addendum for which Services are: requested by Customer may be required to have a pre-maintenance inspection by Idemia before being added tot the Addendum and this Agreement. This inspection will also be required if this Agreement has expired by more than thirty (30) days. Idemia's inspection will be billed at Idemia's current inspection rate plus travel expenses and parts (ifany required). D. Third Party Hardware and Software. Customer shall be solely responsible for obtaining from Idemia or an Idemia authorized or identified vendor, at Customer's sole expense: (i) all Idemia and third party software that may ber required for usei in connection with any Updates, major enhancements or new versions; and (ii) all hardware that may be required for the use of any Updates, major enhancements or new versions. Idemia will specify the hardware and third party software  attachments, specification changes, or use of sub- standard supplies that cause excessives service calls, may require an increase in Service fees during the term of this Agreement at the election of Idemia, and Customer agrees to promptly pay such charges when due. B. Failure to Pay Fees. If Customer does not pay Idemia's fees for Services or parts as provided hereunder when due: (i) Idemia may suspend performance ofi its obligation to provide Services until the account is brought current; and (ii) Idemia may, at its discretion, provide the Services at current "non contract/per call" rates on a COD basis. Customer agrees toj pay Idemia's costs and expenses of collection including the maximum attorneys' fee permitted by law (said fee not to exceed 25% of the amount due VII. LIMITED WARRANTY /DISCLAIMERI Idemia shall provide the Services hereunder in a professional and workmanlike manner by duly qualified WARRANTY, IDEMIA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR. A PARTICULAR PURPOSE IN REGARD TO THE SERVICES, SOFTWARE, AND ANY OTHER GOODS PROVIDED HEREUNDER. IN NO EVENT SHALL IDEMIA'S AGGREGATE LIABILITY TO CUSTOMER ARISING OUTOF,OR RELATED TO, THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF RECOVERY, EXCEED THE NET FEES FOR IDEMIA'S SERVICES ACTUALLY PAID BY CUSTOMER TO IDEMIA UNDER THE APPLICABLE ADDENDUM TO THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CUSTOMERSCAUSEOFACTIONAROSE INNO EVENT SHALL IDEMIA BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUTNOTI LIMITEDTO, LOST PROFITS OR REVENUE; LOSS, INACCURACY, OR CORRUPTION OF DATA OR LOSS OR INTERRUPTION OF USE; ORI FOR ANY MATTER BEYOND IDEMIA'S REASONABLY CONTROL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO. ACTION, REGARDLESS OF FORM, MAY BEI BROUGHT BY CUSTOMER MORETHANTWOGYEAS: AFTER THEI DATETHE CAUSE OF ACTION AROSE.  hereunder).  requirements for any Updates. IV. SERVICE CALLS  LIMITATION OF LIABILITY  Customer may contact Idemia's TouchCare Support Center by calling 1-888-HELP-IDX (888-435-7439). Service calls under this Agreement will be made at the installation address identified in the Addendum or as otherwise agreed to in writing. V. TERM. AND' TERMINATION This term of this Agreement shall commence upon Idemia'sreceipt oft the annual maintenance fee reflected in the Addendum and shall continue for aj period of one (1) year. This Agreement may be renewed for additional one (1) year terms upon the parties' mutual agreement and Customer's execution of an updated Addendum and Idemia'sreceipt ofthe applicable annual maintenance fee reflected in the updated Addendum. Either party may terminate this Agreement in the event of a material breach by the other party that remains uncured for ap period ofthirty (30) days from the date the non-breaching party provided the other with written  personnel.  EXCEPT FOR THIS LIMITED  notice ofs such breach. VI. FEES FOR SERVICES  A. Fees. The initial fee for Services under this Agreement shall be the amount set forth in the Addendum. The annual maintenance fee during any renewal term will be Idemia's current rates in effect at thet time of renewal. Customer agrees toj pay thet total of all charges for Services annually in advance within thirty (30) days ofthe date of] Idemia'si invoice for such charges. Customer understands that alterations,  2018) Livescan System Maintenance Terms and Conditions- 4U.S. Customers (Idemia IS USAI LLC) (003).docx    Exhibit3  VIII. LIMITED. LICENSE TOUPDATES Idemia may deliver Idemia-developed Updates to Customer. The terms of Idemia's end user license for the Idemia's software delivered as part of the System shall govern Customer's use oft the Updates. IX. MISCELLANEOUS  This Agreement shall be governed by and construed according to the laws of the Commonwealth of Massachusetts, excludingi its conflictoflaws provisions. This Agreement constitutes the entire agreement between the parties regarding the subject matter described herein and may not be modified except in writing signed by duly authorized representatives of Idemia and the Customer. This Agreement may not be assigned by Customer without the prior express written  consent ofl Idemia.  2018 Livescan System Maintenance Terms and Conditions- 5U.S. Customers (Idemia IS USAI LLC)(003).docx    Exhibit 4  Tax Revenue Enhancement Agreement Lodging Tax Revenue Administration  This agreement made as oft the 0412-20 by and between AVENU Insights & Analytics, LLC  and Dale County, an Alabama COUNTY ("COUNTY"). A. Remittance Processing Services  Taxes Processed: AVENU will perform remittance processing for lodging taxes as designated by the 2. Taxpayer Notification and Remittance: AVENU will send individualized tax forms to all known taxpayers. Taxpayers will remit payments to the following Address: Dale County, P.O. Box 830725, Birmingham, AL 35283-0725. Upon reasonable notice to the COUNTY, AVENU may change the 3. Deposit Process: Deposits are made to the extent that funds have been received, via Automated Clearing House of the amounts and to the designated recipients as instructed by the COUNTY for 4. Posting Process: Taxpayer accounts are posted with payment information captured in the AVENU revenue system. Additional information such as net sales, deductions, credit sales, measure oft tax, name change, and address change is captured and added to payment data and taxpayer master file (as determined necessary by AVENU). Late payments (postmarked by U.S. Postal Service after due date). are invoiced at penalty amounts required by State code. Under-payments are invoiced for 5. Changes to Exhibit A: the COUNTY shall notify AVENU in writing immediately of all changes in amounts tol be deposited into the accounts of designated recipients. An amended Exhibit A shall be prepared and executed by the Parties as soon as reasonably possible. In addition, AVENU shall provide documentation confirming each change under the preceding sentence with the first monthly report reflecting the applicable change. Ift the changes reflected in the monthly report do not properly reflect the intended changes of the COUNTY, then the COUNTY shall immediately notify AVENU and, thereafter, AVENU shall take the steps necessary to insure, designated recipients receive the  COUNTY.  Address for payments.  each type of tax collected, as shown in more detail on ExhibitA.  remaining tax due plus any required penalties.  amounts intended by the COUNTY. Notification, Reporting to the COUNTY:  AVENU will provide the COUNTY with monthly reports including, but not limited to, payment listings showing all taxes received related to net receipts reported, a general ledger distribution that corresponds to the COUNTY'S account numbers and all fees paid to AVENU. These ii. THE COUNTY AGREES TO EXAMINE THIS REPORT IMMEDIATELY. IF NO ERROR IS REPORTED BY THE COUNTY TO AVENU WITHIN 60 DAYS, THE STATEMENT WILL BE  reports will! be provided by the 10th oft the month following the tax month;  DEEMED. ACCURATE;  ii. Alli items credited will be subject to receipt of payment; and  iv. AVENU will attend Council meetings at such times as may be reasonably requested by the  COUNTY.  AVENU County Contract 2020    Exhibit4  B. Compliance Services  Taxes Reviewed: AVENU will perform compliance services for lodging and other taxes designated by the COUNTY under Remittance Processing Services. AVENU will provide delinquency notification and follow-up. This includes correspondence, calls, and collection procedures and the related documentation. Delinquency policies and procedures will be applied consistently and within applicable tax laws. Unless otherwise directed by the COUNTY, AVENU will make reasonable efforts to collect taxes designated by the COUNTY hereunder. Where deemed reasonably appropriate, accounts may be turned over to audit or third-party collection. Ifthe COUNTY elects to have its attorney pursue collection of certain uncollected accounts, AVENU will assist the COUNTY 2. Conduct of Compliance Services: To assure that all taxpayers are treated fairly and consistently, and all compliance services are performed in a similar manner, AVENU representatives who perform compliance services will use a similar compliance plan for each compliance service conducted. All funds due from compliance services will be remitted to the COUNTY in the same manner as  attorney as reasonably requested ati its normal hourly rate as reflected herein.  provided for pursuant to Section A, above.  C. General Provisions  1. Information Provided: The COUNTY represents that the information provided to AVENU in the performance of services hereunder shall be provided free and clear of the claims of third parties. The COUNTY represents that it has the right to provide this information to AVENU and that said information shall not be defamatory or otherwise expose AVENU to liability to third parties. 2. Compliance with laws: Each Party accepts responsibility for its compliance with federal, state, or 3. Taxpayer service: AVENU will provide a taxpayer assistance number for taxpayer questions. AVENU will provide informational brochures for placement in the COUNTY offices, Chamber of Commerce offices, libraries and any other facilities. This information may also be available on the 4. Review and Appeal Process: AVENU has adopted and will use a review and appeals process which isb based ont the Alabama Taxpayers' Bill of Rights Act and Uniform Revenue Procedures. Act codified 5. Consideration for Remittance Processing Services, Revenue Analysis Services and Compliance Services: AVENU shall be compensated for the services rendered under this agreement in  local laws and regulations.  Internet aty wwwavenunsgntscom,  as Title 40, Chapter 2A, Code of Alabama, 1975, as amended. accordance with the schedule of fees seti forth in Exhibit"A".  5. Audit Services:  i. AVENU Audit Services: Audit Services include all preparation for the performance of an audit, any research or statistical analysis performed in relation to an audit, in-house audit/collection efforts, examination of the books and records of the taxpayer, an assessment of the amount AVENU Reciprocal Agreement: To the fullest extent allowed by law, the COUNTY hereby authorizes AVENU to act as a facilitator with the Alabama Department of Revenue and other ii. AVENU Fee: AVENU shall be compensated for audit services rendered under this agreement at the hourly rate setf forth in Exhibit' "A". There shall be no contingency fees.  due (ifany), and all services related to closing an audit. applicable jurisdictions to share audit findings oni its behalf.  1. Ifo overnight travel or travel more than 25 miles beyond origination point is required, AVENU will pay the auditor and bill the COUNTY for its portion of travel expenses. The  AVENU County Contract 2020    Exhibit 4  COUNTY agrees to pay the amount of these fees when due, regardless of any  recovery.  2. Billing Increment: Time will be recorded in 15-minute intervals (.25 hours); 3. Shared. Audit Fees: When audits for the COUNTY overlap with audits for other AVENU clients or clients of AVENU Affiliates, thet fees willl be shared as follows:  a. Travel Time: travel time, expenses, and a daily per diem amount for each auditi is distributed evenly among the clients reviewed for each b. Interview Time: time billed during the initial interview of each auditi is distributed evenly amongst the clients reviewed for each audit- - during this process the auditor determines which clients will actually be audited for and billed Audit Time as follows;  audit.  Audit Time: Time billed during the actual audit stage of each audit is billed according to actual time spent working for each No Double Billing: In no event will the overlapping audits combined require payment for more than 100% for any one  client;  AVENU representative.  7. Company Audit: Once ay year AVENU will have an auditor prepare an Independent Service Auditor's Report on Controls Placed in Operation and Tests of Operating Effectiveness. This report is 8. Term of the Agreement: This Agreement shall be for a term of three (3) years following the date of execution or the maximum period allowed by law, whichever is shorter. Either party shall have the right to terminate this Agreement in the event of a material breach by the other party. Any such termination may be made only by providing ninety (90) days written notice to the other party, specifically identifying the breach or breaches on which termination is based. Following receipt of such notice, the party in breach shall have thirly (30) days to cure such breach or breaches. In the event that such cure is not made, this Agreement shall terminate in accordance with the initial ninety 9. Effect of Termination: Notwithstanding non-renewal or termination of this Agreement, the COUNTY shall be obligated to pay AVENU for services performed through the effective date oft termination for which AVENU has not been previously paid. In addition, because the services performed by AVENU prior to termination or non-renewal of this Agreement may result in the COUNTY's receipt ofr revenue after termination which are subject to AVENU'S fee, the COUNTY shall remain obligated after termination or non-renewal to provide to AVENU such information as is necessary for AVENU to calculate compensation due as a result of the receipt of revenue by the COUNTY. The COUNTY shall remain obligated to pay AVENU'S invoices therefore in accordance with the terms of this 10. Indemnity: To the fullest extent allowed by law, AVENU hereby agrees to indemnify and hold the COUNTY harmless from any claims and against all costs, expenses, damages, claims and liabilities based upon or arising solely out of al breach of this Agreement by AVENU. Except as set forth in the preceding sentence, to the full extent allowed by law, the COUNTY hereby agrees to indemnify and hold AVENU harmless from any claims and against all costs, expenses, damages, claims and liabilities relating in any way to lodging and other taxes of the COUNTY, including, but not limited to, determination of taxes due from taxpayers, the collection thereof and any refunding related thereto.  commonly called a SOC 1 report and will be made available upon request.  (90) days notice.  Agreement.  AVENU County Contract 2020    Exhibit4 4  11. Limitation of Liability: To the maximum extent permitted by law, in no event shall AVENU, its employees, contractors, directors, affiliates and/ or agents be liable for any special, incidental or consequential damages, such as, but not limited to, delay, lost data, disruption, and loss of anticipated profits or revenue arising from or related to the services, whether liability is asserted in contract or tort, and whether or not AVENU has been advised oft the possibility ofa any such loss or damage. In addition, AVENU'S total liability hereunder, including reasonable attorney's fees and costs, shall in no event exceed an amount equal to the fee paid by the COUNTY for the affected service to which the claim pertains. The foregoing sets forth the COUNTY'S exclusive remedy for claims arising from or out of this Agreement. The provisions of this section allocate the risks between AVENU and the COUNTY and AVENU'S pricing reflects the allocation of risk and 12. Equal Opportunity to Draft: The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any Party 13. Assignment: This Agreement shall be binding upon and inure to the benefit of the Parties, their successors; representatives and assigns. AVENU shall not assign this Agreement, or delegate its duties or obligations under this Agreement, without the prior written consent of the COUNTY, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, AVENU may assign this Agreement, in whole ori in part, without the consent of the COUNTY to any corporation or entity into which or with which AVENU has merged or consolidated; any parent, subsidiary, successor or affiliated corporation of AVENU; or any corporation or entity which acquires all or substantially all of the assets of AVENU. Subject to the foregoing, this Agreement shall be binding upon andi inure to the benefit oft the parties and their successors or assigns. 14. Force Majeure: AVENU shall not be in default of its obligations hereunder to the extent that its performance is delayed or prevented by causes beyond its control, including but not limited to acts of God, government, weather, fire, power or telecommunications failures, inability to obtain supplies, 15. Subcontractors: AVENU shall have the right to hire assistants as subcontractors or to use employees to provide the Services required by this Agreement. AVENU, in rendering performance under this Agreement shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. AVENU shall be solely responsible for and shall hold the COUNTY harmless from any and all claims for any employee related fees and costs including without limitation employee insurance, employment taxes, 16. Intellectual Property Rights: The entire right, title and interest in and to AVENU'S database and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created in the course of this Agreement (collectively, the Work Product") shall vest exclusively in AVENU. The foregoing notwithstanding, in no event shall any COUNTY-owned data provided to 17. Entire. Agreement: This Agreement constitutes the entire agreement between the Parties hereto and supersedes any prior understandings or written or oral agreements between the Parties respecting the subject matter contained herein. Said Agreement shall not be amended, altered, or changed, 18. Invalidity: If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained thereof, and this Agreement shall be construed as ifsuch invalid, illegal, or unenforceable provision had never been contained herein.  limitation of liability specified herein.  upon a claim that that party drafted the ambiguous language.  breakdown of equipment ori interruption in vendor services or communications.  workman's compensation, withholding taxes ori income taxes.  AVENU be deemed included within the Work Product.  except by a written. Agreement signed by both Parties hereto.  AVENU County Contract 2020    Exhibit 4  19. By signing this contract, the contracting parties affirm, for the duration oft the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach oft the agreement and shall be responsible fora all 20. Effective Date: The effective date fort the performance of services under the terms oft this agreement IN WITNESS WHEREOF, the parties hereto as of the date first above written have duly executed this  damages resulting therefrom. JUNE-20,2020.  shall commence MAc 1, 2020 with collection of  taxes to be remitted on or before  My  Agreement.  AVENU INSIGHTS & ANALYTICS, LLC  Dale County By: - Title:  M Plhrmaw  By: Title:  -  Proposed pricing contained herein valid for 60 days from date of issuance. Issued 4/8/2020 (crg)  AVENU County Contract 2020    Exhibit 4  EXHIBIT A  DISTRIBUTION, RATE CONFIRMATION and SCHEDULE OF FEES  April 8, 2020 Cheryl Ganey Dale County 202 South AL-123 Ozark, AL 36360 Dear Ms. Ganey: Agency Dale County Tax Type Lodging  Funds will be distributed ini the following accounts pursuant to this Agreement:  Routing # 062106120  Account # Xxxxxx6920  Distribution % Tax Type/Rate Code  100%  Lodging; all rates  Tax Types and Rate Codes will be administered at the following percentages:  Rate Type General  Percentage 2.00%  Ifat any time there are any discrepancies between the schedule set out above and your Municipality's ITI IS YOUR RESPONSIBILITY TO PROVIDE NOTICE TO US OF ANY CHANGES IN TAXI RATES OR IN THE DISTRIBUTION OF FUNDS. NOTICE MUST BE IN WRITING AND SENT, VIA CERTIFIED MAIL, TO:  records, please notify us in writingi immediately.  AVENU Insights & Analytics, LLC 600 Beacon Parkway West, Suite 900 Birmingham. AL 35209 ATT: Daryl Savage, General Counsel  COMPENSATION  Compliance Services: AVENU will receive an amount equal to 1.85% of gross revenues collected, for  providing Remittance Processing Services and Revenue. Analysis Services.  Audit Services: AVENU will receive an amount based on an hourly rate of seventy dollars ($70.00) for audit services. There shall be no contingent fees. Thet fees associated with the auditing portion of this contract are adjusted at thel beginning of each calendar year by the percentage change ini the Consumer Price Index (in the geographic area) as reported by the Bureau ofl Labor Statistics. The initial CPI used for thei first CPI adjustment will bet the CPI fort the month in which the agreement is fully signed. The adjustments thereafter  AVENU County Contract 2020    Exhibit 4  willl be based on the CPI from December of the prior calendar year. Each annual adjustment will not be less  than two percent (2%) or greater thant five percent (5%6).  Thank you for your assistance. Ifyou! have any questions, oriflmay be of assistance, please let me know.  Sincerely Yours, Connie Taylor Client Relations Manager AVENU 205-423-4144 direct dial 205-423-4097 direct fax  Ihave reviewed the above distribution and verify that iti is correct.  A My Phaicma  By:  Name: Title:  (AVENU)  AVENU County Contract 2020    RESOLUTION NO.: Exhibit 5 2020.4-1 14-1  TEMPORARY SUSPENSION AND AMENDMENT OF PERSONNEL RULES  OF THE DALE COUNTY COMMISSION  WHEREAS, the President of the United States declared a national emergency on March 13,2020 WHEREAS, the Governor of Alabama States declared a state of emergency on March 13,2020 WHEREAS, County Commissions have the power and authority to provide for the health and WHEREAS, thel Dale County Commission enacted an "EMERGENCY RESOLUTION REGARDINGTHE COVID-19 PANDEMIC" at its regular scheduled meeting on March 10, 2020, wherein the Commission delegated its authority to act inj personnel matters and county NOW, THEREFORE, the following Temporary Personnel Policies for the COVID-19 Pandemic are hereby adopted for those persons subject to the personnel policies oft the Dale County 1.All personnel who are considered to be in the CDC high risk category (which is currently people 60 or over with underlying health issues like heart disease, lung disease, diabetes, or any other type ofillness that weakens the immune system) should remain at home forthe next 14 2. All personnel who are exposed to a known case ofCOVID-19 shall report such to their appointing authority immediately and shall go home to self-isolate for 14 days. They must be clear of all coronavirus symptoms before returning to work. (This may change based on the CDC guidance and will be evaluated on a case by case basis). You will be compensated your 3.All personnel who test positive for a case of COVID-19 shall report such to their appointing authority immediately. You must have a negative COVID19 test to return to work. (This may change based on the CDC guidance and will be evaluated on a case by case basis). You will be 4. In order to help keep the hospital and doctors' offices from being overwhelmed, the policy Section X.2.d.2 which requires a signed physician's certificate after missing three consecutive 5. There is hereby established a Pandemic Temporary Administrative Leave and the Dale County personnel rules Section X3"Administrative Leave" are hereby amended to establish sameas  due to the COVID-19 Coronavirus epidemic; and due to the COVID-19 Coronavirus epidemic; and safety of persons, which includes county personnel;  operations to the Chairman during the time oft this pandemic emergency,  Commission:  days. You will be compensated your scheduled shifts.  scheduled shifts.  compensated for your scheduled shifts  days (shifts) is hereby suspended.  follows:    RESOLUTION N Exhibit5 2020.4-14-1  -Each county employee shall be granted 40 hours special administrative leave with pay to be used as directed by the Administrative office of the Commission, in consultation with department supervisors, for the purpose of minimizing the density of county workers so as to  comply with CDC directives.  -Supervisors shall make recommendations as to alternating shifts, or staggering work days or hours, sO as to limit work place close contact between employees. The recommendations shall be made to the County Administrator, who shall direct the use oft the special leave with pay  as necessary.  -The special leave with pay shall be granted to each employee until such time as the Federal and State Declaration ofl Emergency ends, ai mandatory shut down of county government isc ordered or a period of 90 days or the leave is exhausted which ever first occurs. 6.F Restrictions on the donation ofs sick leave from one employee to another are hereby 7.All persons who are: required to leave work because they are of CDC high risk category, or they are exposed to a known case of Covid-19 or they test positive for the Covid-19 virus, shall be compensated from their time away from work first with the Special Administrative Leave established herein and then from their own personal sick leave. Leave with pay after exhausting all Administrative Special and personal sick leave may be addressed with future modifications of 8. These amendment and suspensions of existing personnel policies are subject to State and Federal administrativerules, laws and orders and may be modified at any timel by the Chairman  temporarily suspended.  the personnel policies.  or Commission.  Dated this the 14th day of April, 2020  My  Mark Blankenship, Chairman  ATTEST:  Ey