Dale County Commission Commission Meeting Minutes- May 22, 2018  The Dale County Commission convened in a regular session Tuesday, May 8, 2018. The following members were present: Chairman Mark Blankenship; District Two Commissioner Steve McKinnon; District Three Commissioner Charles W. Gary; and District Four Commissioner Frankie Wilson. Not present: District One Commissioner Chairman Blankenship called the meeting to order at 11:00 am. Commissioner Wilson opened with the Pledge of Allegiance. Commissioner Gary followed with prayer.  Chris Carroll.  APPROVED - MEMORANDUM OF WARRANTS AND MINUTES  Commissioner Wilson made a motion to approve the following:  1. Memorandum of Warrants:  Payroll check numbers 154462-154465. Payroll direct deposit numbers 27288-27419. Accounts Payable check numbers 79960-80043.  Commissioner McKinnon seconded the motion, all voted aye. Motion carried. Commissioner Gary made a motion to approve the Minutes of Commission Meeting Commissioner Wilson seconded the motion, all voted aye. Motion carried  May 8, 2018.  APPROVED - 2018-2019 ACCA LEGISLATIVE COMMITTEE  Commissioner Gary made a motion to approve Commissioner Frankie Wilson as the 2018-2019 legislative committee member for Dale County Commission. Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  APPROVED - 2018 COUNTYWIDE CHIP SEAL- CONTRACT LABOR  Commissioner Wilson made a motion to approve the following:  1.$1.5 million Warrant Resolution (see Exhibit 1).  2. Authorize the Chairman to sign the contract with S&C Materials and  Paving, Inc. (see Exhibit 2).  Commissioner Gary seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - May 22, 2018  Page2of4  APPROVED = ADDENDUM TO PERSONNEL POLICIES  Commissioner McKinnon made a motion to adopt the addendum to the Personnel Commissioner Wilson seconded the motion, all voted aye. Motion carried.  Policies and Procedures Handbook (see Exhibit 3).  APPROVED - PERSONNEL  Commissioner Gary made a motion to approve the following:  1. Adam Bruhn and Scott Spurlock-Promotion.  2. Cristal Gulledge- Promotion. 3. Richard Oldham- Promotion. 4. Christian Bostrom- New hire. 5. Melissa Whitehead - New hire. 6. Brock Goree- New Hire.  Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  APPROVED - OPEB REPORTING AGREEMENT  Commissioner McKinnon made a motion to approve the GASB Statement No. 75- OPEG Reporting Agreement with CapRisk Consulting (see Exhibit 4). Commissioner Gary seconded the motion, all voted aye. Motion carried.  TABLED - ROAD MAINTENANCE SCHEDULE - CO. RD.350  APPROVED - MANDATORY GARBAGE SERVICE EXCLUSION POLICY Commissioner McKinnon made a motion to approve a Mandatory Garbage Service Exclusion Policy for the Solid Waste department (see Exhibit 5). Commissioner Gary seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - May 22,2018  Page3of4  APPROVED = TIMBER HARVESTING - BID  Commissioner McKinnon made a motion to approve the timber harvesting bid to Commissioner Gary seconded the motion, all voted aye. Motion carried.  Strickland Timber LLC. (see Exhibit 6).  APPROVED - ENGINEERING SERVICE AGREEMENT-I LANDFILL Commissioner Gary made a motion to approve the contract with Dunn Environment Commissioner Wilson seconded the motion, all voted aye. Motion carried.  Engineering, LLC (see Exhibit 7).  APPROVED - TRAVEL REQUEST  Commissioner Gary made a motion to approve the following travel request: 1.Darrell Cook-1 Reappraisal - Commercial School-$1,139.02. 2.Eleanor Outlaw = Revenue - AATA Summer Conference - $1,877.08. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - DRIVEWAY PIPE WAIVER  Commissioner McKinnon made a motion to approve a driveway pipe waiver for Jeff St. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  Sin on County Road 72.  APPROVED - INMATE COMMUNICATION AGREEMENT  Commissioner Gary made a motion to approve an agreement with Praesus, LLC to handle the inmate communication bid and the monitoring of the contract. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  (See Exhibit 8).    Dale County Commission  Commission Meeting Minutes - May 22,2018  Page4of4  ANNOUNCEMENT = NEXT REGULAR MEETING  Chairman Blankenship announced that the next regular meeting of the Dale County  Commission will be Tuesday June 12, 2018 at 10:00 a.m.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Chairman Blankenship made a motion to adjourn the meeting. Commissioner Gary seconded the motion. All voted aye. Motion carried. Itis 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.  N  Mark Blankenship, Commission Chairman    EXHIBIT 1  EXCERPTS FROM MINUTES OF A REGULAR MEETING OF  THE DALE COUNTY COMMISSION  The Dale County Commission convened in a regularly-scheduled session at 11:00 a.m. on the 22nd day of May, 2018, in the Commission Chambers at 202 Highway 123 South, Suite C,  Ozark, Alabama 36360. Those Commissioners present were:  Present  Absent  Also Present  ChsphCoal  JalamukBhhdp  Chackes  Sy msun   Fondubw  Thefommission Chairman, Mark Blankenship, acted as Chairman oft the meeting and the Adairlrahr dray acted as Secretary of the meeting. The Chairman stated that a waiver ofthe time, place and purpose of the meeting had been executed by each of the members of the Dale County Commission. The Chairman ordered the waiver spread upon the minutes of the  meeting at the end thercof.  The Chairman declared a quorum present and opened the meeting for the transaction of The Chairman presented a proposed resolution authorizing the issuance and sale of the County's $1,500,000 General Obligation Warrant, Series 2018. After a brief discussion, the following resolution to approve that certain Series 2018 Warrant was introduced in writing, duly seconded and unanimously adopted by the affirmative vote ofall Commissioners present: A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF THE DALE COUNTY, ALABAMA's $1,500,000 GENERAL OBLIGATION WARRANT, SERIES 2018, TOGETHER WITH THE EXECUTION AND DELIVERY OF ALL WARRANT FINANCING DOCUMENTS  business.  Adopted by the  County Commission of Dale County, Alabama  on May 22, 2018  MINUTES  PAGEI    Section1. The Dale County Commission (the "County Commission"), as the governing body of Dale County, Alabama (the "County") ordains and makes the following  representations, findings and elections:  (I) The County Commission has determined that it is in the public interest to issue the Series 2018 Warrant to fund public road resurfacing and repair and to improve the County's  roads.  (2) The Series 2018 Warrant will be a general obligation of the County payable from any funds or revenue source of the County but which the County intends will be paid primarily from tax revenues derived from the four perçent (4%) excise tax levied on gasoline sales in the County pursuant to Code of Alabama, 1975, Title 40, Chapter 17, Article 12, subject to prior pledges against said excise tax revenue and to the extent sufficient revenue is available; provided, however, such excise tax is not specifically pledged to the repayment of the Series 2018 Warrant. Regardless of the revenue source used by the County to pay the Series 2018  Warrant, the County pledges its full faith and credit to secure payment thereof.  (3) The Dale County Commission will elect to designatc the Series 2018 Warrant as a "Qualified Tax Exempt Obligation" within the meaning of and for the purposes of Section  265(b)(3) )ofthe Internal Revenue Code of 1986, as amended.  Section 2. Pursuant to the authority to do sO contained in the constitution and laws of the State of Alabama, including particularly the provisions of Code of Alabama, 1975, Title 11, Chapter 28 (the Enabling Law"), there is hereby authorized to be issued a warrant titled General  Obligation Warrant, Series 2018 (the "Series 2018 Warrant"). approve, authorize, ratify and confirm the following:  Section 3. Pursuant to the provisions of the Enabling Law, the County does hereby (a) The issuance oft the County's $1,500,000 General Obligation Warrant, Series 2018 (the "Series 2018 Warrant") the proceeds of which are to be used to fund public road resurfacing and repair to improve the County's roads and to pay all or a  portion of the costs ofissuance of said Series 2018 Warrant; and  (b) Payment of the Series 2018 Warrant will be secured by the full faith and credit of (c) The consummation of all transactions contemplated in this resolution and undertaken by the County hereunder together with all agreements, representations, obligations and covenants of the County contained in the Series 2018 Warrant, the Warrant Financing Agreement, the Tax and No-Arbitrage Certificate, the Incumbency, No-Litigation, Signature and Indebtedness Certificate and any other documents, instruments and certificates executed by or on behalf of the County in conjunction with the issuance of the Series 2018 Warrant (collectively, the  the County; and  "Warrant Financing Documents");and  MINUTES  PAGE2    (d) The execution and delivery of the Warrant Financing Documents by the parties to (e) Each act of the Chairman of the County Commission, as chiefexecutive officer of the County or the County Administrator, as chief administrative officer, of the County or any other person designated and authorized to act by the Commission Chairman or the County Administrator, which act would have been authorized by this resolution except that such action was taken prior to the adoption of this  such instruments; and  resolution is hereby ratified, confirmed approved and adopted.  Section 4. The Series 2018 Warrant is hereby designated as a "Qualified Tax Exempt Obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as  amended.  Section 5. The County hereby further covenants that the reasonably anticipated amount of Qualified Tax Exempt Obligations (other than private activity bonds) which will be issued by the City and its subordinate entities during the current calendar year (viz. - the calendar year ending December 31, 2018) does not exceed $10,000,000.00. The Series 2018 Warrant is not a "private activity bond" as defined in Section 141 of the Internal Revenue Code of 1986, as  amended.  Section 6. The Warrant Financing Documents are hereby approved in substantially the form presented and considered by the County, together with such revisions or amendments thereto as the Chairman for the County Commission shall approve, which approval shall be conclusively evidenced by execution of the Warrant Financing Documents by the Chairman for the County Commission on behalf of the County and its County Commission, the governing body of the County, as hereinafter provided. All such Warrant Financing Documents shall be  filed and maintained int the records of the County.  Section 7. Pursuant to the terms of the Warrant Financing Agreement the County hereby authorizes and directs the County Administrator to establish the following accounts at The Commercial Bank of Ozark: (i) the Warrant Fund to receive the proceeds of the sale of the Series 2018 Warrant and (i) a warrant service fund ("Warrant Service Fund") to provide funds solely for payment of the Series 2018 Warrant as payments become due by depositing into said Warrant Service Fund sums sufficient to make such payments when due. The Warrant Service Fund shall be funded and maintained in the manner provided in the Warrant Financing  Agreement.  Section 8. The County reserves and shall have the privilege of prepaying all or any portion of the outstanding principal balance of the Series 2018 Warrant, together with accrued interest thereon, at any time and from time to time without prior notice and without penalty or  premium.  Section9. The Chairman of the County Commission, as chiefexecutive officer of the County, is authorized and directed to execute and deliver the Series 2018 Warrant and all other Warrant Financing Documents for and on behalf of the County, and the County Administrator is  MINUTES  PAGE3    authorized and directed to attest the same and to affix the official seal of the County to the Series 2018 Warrant and all other Warrant Financing Documents. Upon issuance of the Series 2018 Warrant, the above-named officers of the County are authorized and directed to execute and deliver the Series 2018 Warrant and all other Warrant Financing Documents as well as a receipt acknowledging payment and receipt of the purchase price of the Series 2018 Warrant. By execution of said receipt by said duly authorized officers of the County, the County acknowledges that the proceeds of Series 2018 Warrant will be used for the intended purposes and in the manner provided in the Warrant Financing Documents, and the purchaser of the Series 2018 Warrant will have no duty to inquire or ensure that the County has properly applied said  proceeds of the Series 2018 Warrant.  Section 10. The County shall issue the Series 2018 Warrant pursuant to the terms and conditions set forth in the Warrant Financing Agreement. The Series 2018 Warrant is a general obligation of the County payable from any revenue source but intended by the County to be paid primarily from the four percent (4%) excise tax levied on gasoline sales in the County, pursuant to Code of Alabama, 1975, Title 40, Chapter 17, Article 12, subjcct to prior pledges against said excise tax revenue and to the extent sufficient revenue is available; provided, however, such excise tax is not specifically pledged to the repayment of the Series 2018 Warrant, as the Series 2018 Warrant is secured by a pledge of the full faith and credit of the County. Therefore, the Scries 2018 Warrant shall constitute a general indebtedness of the County, but the Series 2018 Warrant will not constitute a debt or obligation of any other county or municipality in the State of Alabama. The County shall be obligated to perform all agreements and covenants contained in  the Warrant Financing Documents.  Section11. To the extent necessary for the payment of the principal and accrued interest on the Series 2018 Warrant, the full faith and credit of the County is hereby irrevocably pledged, and though the County intends to make payment on the Series 2018 Warrant from the four percent (4%) excise tax levied on gasoline sales in the County, if that revenue source is insufficient to pay all amounts due on said Series 2018 Warrant provided, however, such excise tax is not specifically pledged to the repayment of the Series 2018 Warrant, the County shall make payment from any and all revenue sources or funds available to the County. The County further certifies that the amount ordered paid by the Series 2018 Warrant will be lawfully due on its Maturity Date, as defined in the Series 2018 Warrant, without conditions, abatement or offset of any description; that the Series 2018 Warrant has been registered as a claim against the Warrant Service Fund in the manner provided by law; that all conditions, actions and things required by the constitution and laws of the State of Alabama to exist, be performed or happen precedent to or in the issuance of the Series 2018 Warrant exist, have been performed, have happened and have been duly complied with; and that the indebtedness evidenced and ordered paid by the Series 2018 Warrant, together with all other indebtedness of the County, is within every debt and other limit prescribed in the constitution and laws oft the State of Alabama.  Section 12. The Series 2018 Warrant shall be in substantially the following form, with appropriate insertions, omissions or revisions to comply with the provisions hereof to accurately reflect the correct date and other information to complete the Series 2018 Warrant:  MINUTES  PAGE4    THIS SERIES 2018 WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR ANY STATE SECURITIES LAW (OR ANY SUCH SIMILAR SUBSEQUENT LEGISLATION). THIS SERIES 2018 WARRANT MAY BE TRANSFERRED ONLY IN ACCORDANCE WITH THE  PROVISIONS HEREOF. No. R-1  $1,500,000  UNITED STATES OF AMERICA STATE OF ALABAMA DALE COUNTY, ALABAMA  GENERAL OBLIGATION WARRANT,SERIES20S  Interest Rate 3.63%  Maturity Date June 11,2030  Dale County, a political subdivision of the State of Alabama (the "County"), for value received, hereby acknowledges itselfindebted to the Commercial Bank of Ozark in the principal  sum of  ONE MILLION FIVE HUNDRED THOUSAND DOLLARS  and hereby directs the County Administrator, its Chief Administrative Officer and custodian of all revenue funds derived from whatever source, to pay solely from the Warrant Service Fund said principal sum, together with interest thereon from the date hereofuntil the end of the one hundred forty-fourth month (i.e. the end of the twelfth year) at a fixed rate of three and sixty-three one hundredths percent (3.63%) per annum, due and payable in eleven equal, consecutive annual installments of One Hundred Fifty-Four Thousand Three Hundred Eighty-One and Thirty-Two One Hundredths Dollars ($154,381.32), commencing June 11,2019, and continuing on each anniversary date thereafter with the final payment of the remaining principal balance with accrued interest thereon, together with late charges, ifa any, being due and payable on June 11, 2030 (the "Maturity Date"), if not prepaid in full before the Maturity Date. The first day of. June of each year in which a payment is due shall hereinafter be referred to as a Payment Date." Both the principal hereof and interest hereon, are payable in lawful money of the United States of America at the principal office of The Commercial Bank of Ozark (the "Bank") in the City of Ozark, Alabama, and both said principal and interest shall bear interest after their respective maturities at the rate of three and sixty-three one hundredths percent  (3.63%) per annum.  The County reserves the right and privilege of prepaying all or any portion of the principal oft the General Obligation Warrant, Series 2018 (the "Series 2018 Warrant") at any time and from time to time, without prior notice and without penalty or premium, provided that at the time of each such prepayment, the County pays the accrued interest to the date of such  prepayment on the principal amount of the Series 2018 Warrant.  MINUTES  PAGE5    This Series 2018 Warrant is duly authorized and issued in the principal amount of $1,500,000.00 for purposes for which warrants are authorized to be issued by the County, pursuant to a resolution (the "Warrant Resolution") duly adopted by the Dale County Commission, the governing body of the County, at its regular mecting duly and legally held on May 22, 2018, and pursuant to the constitution and laws of the State of Alabama, including particularly the provisions of Code of Alabama, 1975, Title 11, Chapter 28 (the Enabling Law"). In addition, in the Warrant Resolution the County did further authorize and designate the Series  2018 Warrant as a "qualified tax exempt obligation."  This Series 2018 Warrant together with any other payment obligation or reserve under the Warrant Financing Agreement are general obligations of the County creating a general liability for the County. The County intends to use the four percent (4%) excise tax levied on all gasoline sales in the County pursuant to Code afAlabama, 1975, Title 40, Chapter 17,Article 12, as the primary revenue source to pay the Series 2018 Warrant; provided, however, such excise tax is not specifically pledged to the repayment of the Series 2018 Warrant. If funds are insufficient, the County will make payment from any available funds or revenue source, as the County has pledged its full faith and credit as security for payment of the Series 2018 Warrant. As such, the County hereby directs the County Administrator, custodian of all revenue funds of the County, to pay all amounts due hereon first out of the net revenue derived from the four percent (4%) excise tax levied on all gasoline sales in the County, subject to prior pledges against said excise tax revenue and to the extent sufficient revenue is available; provided, however, such excise tax is not specifically pledged to the repayment of the Series 2018 Warrant, and then  secondarily out of any remaining revenue sources of the County.  In the proceedings authorizing the Series 2018 Warrant to be issued, the County reserved the privilege of issuing, without express limitation as to the principal amount, for any lawful purpose and upon the existence of and in compliance with certain conditions precedent referred toin the said proceedings, on aj parity of lien and pledge with the Series 2018 Warrant, additional warrants that the County may then be lawfully authorized to issue, whether of general or limited obligation (herein called "Additional Warrants") and to further pledge the revenues derived from the four percent (4%) excise tax levied on all gasoline sales in the County (though as previously stated herein, such excise tax is not specifically pledged to the repayment of the Series 2018 Warrant), the General Fund oft the County or from any other revenue source for payment thereof. It is hereby certified that the amount ordered paid by this Series 2018 Warrant will be lawfully due on the Maturity Date without conditions, abatement or offset of any description; that this Series 2018 Warrant has been registered as a claim against the Warrant Service Fund in the manner provided by law; that all conditions, actions and things required by the constitution and laws of the State of Alabama to exist, be performed or happen precedent to or in the issuance of this Series 2018 Warrant exist, have been performed, have happened and have been duly complied with; and that the indebtedness evidenced and ordered paid by this Series 2018 Warrant, together with all other indebtedness ofthe County, is within every debt and other limit  prescribed in the constitution and laws of the State of Alabama.  MINUTES  PAGE6    The representations and covenants contained in this Series 2018 Warrant or in any of the documents, instruments or certificates authorizing the issuance of the Series 2018 Warrant or executed in connection therewith (collectively, the "Warrant Financing Documents") do constitute a pecuniary liability or charge against the general credit of the County, but said Series 2018 Warrant does not constitute an obligation of any county or other municipal corporation in  the State of Alabama.  Each payment of principal, interest or principal and interest due hereunder shall be made in lawful money of the United States of America at the principal office of the registered owner set forth above, and any change of place of payment shall be made only after the registered owner gives the County Administrator oft the County thirty (30) days prior written notice ofs said change. THIS SERIES 2018 WARRANT EVIDENCES A VALID GENERAL OBLIGATION OF THE COUNTY DUE AND PAYABLE FROM ALL REVENUE SOURCES OF THE COUNTY, AND FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST HEREON, THE COUNTY HEREBY IRREVOCABLY PLEDGES THE FULL FAITH AND CREDIT OF THE COUNTY AS SECURITY FOR PAYMENT OF THIS SERIES 2018 WARRANT AND ALL AMOUNTS DUE HEREUNDER. THIS SERIES 2018 WARRANT IS BEING ISSUED FOR THE PURPOSE OF PROVIDING FUNDS TO RESURFACE AND REPAIR PUBLIC ROADS TOI IMPROVE THE PUBLIC  ROADS IN THE COUNTY.  Pursuant to the Warrant Resolution, the County has authorized and directed the creation of the Warrant Service Fund. The County has obligated itself to pay or cause to be paid into the Warrant Service Fund from the tax revenues or other gencral funds of the County sums sufficient to pay the principal and interest on the Series 2018 Warrant as the same becomes due and  payable.  The Series 2018 Warrant is issued as a fully registered warrant registered on the books of the County and is transferrable by the registered owner in person or by its duly authorized officers, upon surrender of the Series 2018 Warrant to the County Administrator for transfer at the offices of the County, together with all necessary endorsements for transfer, and thereupon, a new warrant oft the same maturity as the Series 2018 Warrant for a principal amount equal to the outstanding principal balance will be issued to the designated transferee or transferees. Provision is made in the Warrant Resolution of the County under which the Series 2018 Warrant was authorized to be issued for the manner in which the proceeds of the Series 2018 Warrant are  to be used.  IN THE WARRANT RESOLUTION THE COUNTY COMMISSION HAS DESIGNATED THE WARRANT AS A "QUALIFIED TAX EXEMPT OBLIGATION" WITHIN THE MEANING OF AND FOR THE PURPOSES OF SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, AND THE COUNTY WILL COMPLETE AND FILE OR CAUSE TO BE FILED WITH THE INTERNAL REVENUE SERVICE  FORM 8038-G.  MINUTES  PAGE7    The County may treat the person or entity in whose name this Series 2018 Warrant is registered as the owner hereof for all purposes, including but not limited to, receiving payment, whether or not this Series 2018 Warrant is overdue, and the County shall not be affected by any notice to the contrary. Payment of or on account of either principal or interest shall be made only to or upon the order oft the registered owner hereof, and shall be valid and effectual to satisfy and discharge the liability upon this Series 2018 Warrant to the extent of the sum or sums sO  paid.  No covenant or agreement contained in this Series 2018 Warrant or in any of the Warrant Financing Documents shall be deemed to be a covenant or agreement of any member of the County Commission or ofany officer, agent or employee of the County, and neither any member of the County Commission nor any officer executing this Series 2018 Warrant shall be liable personally on this Series 2018 Warrant or be subject to any personal liability or accountability by  reason oft the issuance of this Series 2018 Warrant.  Exccution by the County Administrator, as chief administrative officer of the County, of The County agrees not to take, or permit or suffer to be taken, any action with respect to the proceeds of the Series 2018 Warrant which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the closing date, would cause the Series 2018 Warrant to be an "arbitrage bond" Regulations promulgated thereunder. IN WITNESS WHEREOF, the County has caused this Series 2018 Warrant to be executed in its name by the Chairman of the County Commission, as the chief executive officer thereof, has caused its seal to be affixed hereon, has caused the said execution and seal to be attested by the County Administrator, as the chief administrative officer of the County, and has  the registration certificate hereon is essential to the validity hereof.  caused this Series 2018 Warrant to be dated June 11,2018.  DALE COUNTY,ALABAMA  (SEAL)  By:  r Mark Blankenship, Chairman Dale County Commission  Attest:  BY: Cheryl  Dale County, Alabama  Dh  MINUTES  PAGE8    EXHIBIT 2  CONTRACT  THIS CONTACT made and enteredi into the 22Pdayof MAV  20 6.by and between  S&CI Materials & Paving. Inc. OWNER.  the CONTRACTOR, and Dale County, Alabama, Dale  County Commission, Dale County Government Building. 202 South Highway 123. Suite C, Ozark, Alabama 36360, the WITNESSETH, that the Contractor and the Owner, for the consideration hereinafter mames, agrees as follows: 1. That the Contractor shall furnish all oft the materials and perform all oft the Work in the manner and for as  provided int the following enumerated Contract Documents:  A. Instructions tol Bidders B. Proposal Proposal Bond D. Contract Performance Bond Labor and Material Payment Bond  G. Specifications H. Addenda I. Drawings  Which: are: attached hereto and made apartl hercof, asi iffully contained herein, for the construction of:  CHIP SEAL RESURFACING OF VARIOUS COUNTY ROADS  SAID Contract Documents having been prepared by the Owner.  . The Owner hereby agrees to pay the Contractor for the faithful performance of the Contract, subject to: additions and deductions as provided int the specifications or proposal, in lawful moncy of the United Slates as follows: Approximately ONEMILLION FIVEHUNDRED TVOTHOUSANDSIXDENINEDOLLARSANDFORIY- FOURCENTS ($1.502.169.44) ina accordance with the lump sum and unit prices set forth int the Proposai. 3. Not later than the 105 day ofc cach calendar month, the Owner will make a partial payment lo the Contractor on the basis ofan: approved estimate oft the work perfomed during the preceding calendar month under this Contract, but to ensure the proper performance oft this Contract, the Owner will retain five percent (5%) oft the anount ofeach estimate. When praject is fifty percent (50%) complete, no further retainage willl be withheld, as per current state All material and work covered by partial payments made shall there upon become the sole property oft the Owner, but this provi ision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection ofn materials and work upon which payments have been madec oft the restoration of any damaged work, orasa waiser ofther right ofOwner tor require fulfillment ofail of the terms oft the Contract. All progress payment estimates willl bes submitted to the Engincer on forms approved by the Owner. No other forms willl be accepted. Upon submission! by the Contractor ofe Fevidence satisfactory tot the Owner that: all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction oft the Work have been paid in full, anda final release releasing the Owner from any further liability with respect to this Contract or thel Project, final payment on: account oft this Contract shall ber made within thirty (30) days: after the completion by the Contractor ofall work coveredt by this Contract and the acceptance of such work by the Owner. The Contractor agrees not to withdraw: at: any time during the term oft this Contract or any extensions thereof without the express written consent ofthe Owner, the whole or any part of the amount retained by the Owner from payments due the Contractor, by depositing with the Owner securitics in lieu thercof, as authorized by Alabama Code 41-16-1(1975) or any amendments thereto or any equivalent law or ordinance or regulation. Itis expressly agreed between parties hereto that should the Owner clect not to consent tos such withdrawal ofther retainage from payments due the Contractor, then the Contractor shall not elect to, attempt to, ori in any manner endeavorto Itis further mutually agreed between the parties hereto that ifat any time after the execution of this Contract and the Performance Bond and thel Labor and Material Payment Bond her2to: attached fori its faithful performance, the Owner shall dzeni the surety or: sureties upon such bondtobe umstish.g.erit.for: any reason, suchbond ceases tol bea adequate to coser the performanse ofthe Work. the Contractor shall. ati its expense. within five(5) days after the receipt ofr notice from the Owner s0 to do, furnish an additional bond or bonds in such form and  bid law (Section: 39-2-12-3()).  withdraw such retainage amounts.    ambunt and with such surcty or sureties: as shall bes satisfactory tot the Owner. In such event, no further payment to the Contractor: shall bec deemed tobe due undert this Contract until such new or additional security for the faithful performance ofthe Work shall be furnished ini manner and form satisfactory to the Owner. 6. The Contractor hereby agrees to commence work under this Contract on the date identified in the Noticet to Proceed and to complete the project fully withint thirty (30) working days thercafter. The Contractor hereby agrees topay, as liquidated damages, the sum as specified by the Alabama Department ofTransportation Standard Spccifications for Highway Construction, 2008 Edition (Section 108.11) for each consecutive working day that  expires after the time specified for completion until the project is fully complete.  IN WITNESS WHEREOF, the parties hereto haves exccuted this Contract on the day and date first above written in five(5) counterparts, cach ofwhich shall, without proofo or accounting for the other counterpart, be deemed and original Contract.  CONTRACTOR: S&CMaterials & Paving. Inc.  SEAL ATTEST: so ITS'SECRETARY  BY: 12318 US 231 Troy Al.3 36081 ADDRESS  AAy HE  CONTRACTOR LICENSE NO. 8759 OWNER:  PDAIFCOUNT,ALAYANIA BY: 4 Hr ITSCOMMISSION CHAIRPERSON  SEAL ATTEST, Hel /  /    Bond #S459835  PERFORMANCE BOND  KNOW ALLI MEN BY THESE PRESENTS: That we. S&C Materials & Paving, Inc. and Employers Mutual Casualty Company One Million Five Hundred Two Thousand  (Hereinafter called the' "Principal") (Hereinafter called the' "Surety") are held  and firmly bound unto Dale County, Alabama (hereinafter called "Obligee" or "Owner")i in the penal sum of bind ourselves, heirs, executors, administrators, successors, and assigns for thet faithful performance ofa  Sixly-Nine Dollars and Forly-Four Cents Dollars (S 1,502,069.44 certain written contract dated the 22p dayof_ MAN  ) for the payment of which we 2018 entered into between the  Principal and the Obligee for the  CHIP SEAL RESURFACING OF VARIOUS COUNTY ROADS  (Hereinafter called the' Contract')a copy of which said Contract is incorporated herein by reference andi is NOW, THEREFORE, the condition of this obligation is such that the Principal shall faithfully perform the terms and conditions of the Contract in all respects on its part, and shall fully pay all obligations incurred in connection with the performance of such Contract on account ofl labor and materials used in connection therewith, and all such other obligations of every form, nature, and character, and shall save harmless the Owner from all and any liability of every nature, kind, and character which may be incurred in connection with the performance or fulfiliment of such Contract or other such liability resulting from negligence or otherwise on the part of suoh Principal, and further shall save harmless the Owner from all cost and damage which may be suffered by reason of the failure to fully and completely perform said Contract and shall fully reimburse andi repay the Owner for all expenditures of everykind, character and description which may be incurred by the Owner in making good any and every default which may exist on the part of the Principal in connection with the performance of said Contract; and further that the Principal shall pay alll lawful claims of all persons, firms, partnerships, or corporations and shall give them a direct right of action against the Principal and Surety under this obligation; and further that no suit, action, or proceedings by reason of any default whatever shall be brought on this bond within one year from the date on which the final payment on the Contract falls due. Any alterations or additions which may be required under the Contract, ori in the work tol be done under it, or the giving! by the Owner of any extension of time for the performance of the Contract or any other forbearance on the part of either of them, their heirs, executors, administrators, successors, or assigns from their liability hereunder. Notice to the Surety of any such alterations, extensions, or forbearance is expressly waived. This obligation shall remain in full force and effect until the performance of all covenants, terms and conditions herein stipulated and after  made: a part hereof as iffully copied herein.  such performance, its shali become null and void.    Bond #S459835  PERFORMANCE BOND  IN IFSTIMONYWHEREOF witness the hands and seals of the parties hereto on this j8 day of  MAY  20_18  Executed ini five (5) counterparts. WITNESS TO SIGNATURE OF PRINCIPAL: bata biebon  S&C Materials & Paving, Inc. PRINÇIPAL PLLAy TITLE SURETY  EA H  WITNESS TO SIGNATURE OFSYRETY:  Employers Mutual Casualty Company mfaneni Lehve Francis Ware, Attorney-in-Fact  TBuw  TITLE  gountersigned: Fancis WALeA80453480 Resident Agent 4525 Executive Park Drive Suite 202 Montgomery, AL 36116 Address 800-489-0105 Telephone Number  IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state  where the project is located.    THEF FACEANDI REVERSEOFTHISE DAIMAEANEACQIORDNGDFLAGOAMATEPAPER  EMC INSURANCE  P.O. Box 712- Des Moines, IA 50306-0712  No. C10948  CERTIFICATE OF AUTHORITY INDIVIDUAL AITORNEY-N-FACT  KNOW ALL MEN BY" THESE PRESENTS, that: 1. Employers Mutual Casualty Company, anl lowa Corporation 2. EMCASCOI Insurance Company, anl lowa Corporation 3. Union Insurance Company of Providence, an lowa Corporation 4. Illinois EMCASCO Insurance Company, anl lowa Corporation  5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, anl lowa Corporation 7. Hamilton Mutual Insurance Company, an lowa Corporation  hereinafter referred los saverally as "Company' and collectivelya as' "Companies, each does, byt these presents, make, conslitule and appoint:  JAMES BARBER, LANE MILAM, DEBRA SANDERS, FRANCIS WARE, SONYAE BERRYMAN  its true and lanful attorney-in-fact, with full power and authority conferred tos sign, seal, ande execute its laxful bonds, undertakings, and other obligatory instruments ofa andtob bindeach Company thereby as fully andi tot the same extent asi ifsuchi instruments were signed! by the duly authorized oficers ofe each such Company,  similarr nalureasf foilows: thea  Ina an amount nole exceeding Seven Million Dollars..  $7,000,000.00 and allof  actsofsaida attomey pursuant tot the authorily herebys given are! herebyratfied: and confirmed.  AUTHORITY FOR POWER OF ATTORNEY  This Power-oi-Atiomeyl is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies RESOLVED: The President and Chiel Executive Olicer, any' Vicel President, the Treasurer and the Secretary ofE Employers Mutual Casually Company shall have power and authority to (1) appoint attomeys-in-act and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contractso ofindemnilya and other writings obligaloryint ther naturet thereof, and (2)toremove any such altomey-in-facta at the power anda authoritly givent to! him or her, Attomeys-in-fact: shall have power and authorily, subject! to! the terms and Emitations oft the power-ol-attorey, anyt time issuedt to them, to execute and deliver on behalf of the Company, and to altlacht the seal oft the Company thereto, bonds and undertekings, recognizances, contracts of other writings obligatory in ther naturet thereol, and any suchi instrument executed by any such altorney-in-fact shal be fuly andi in all respects ertification as tot the validly of any power-df-attorney, authorized herein made by an officer of Employers Mutuel Casually Company shall binding be fully upon and in the all Company respecls nding upont this Company. Thef facsimile or mechanically reproduced signature of such oficer, whether made heretofore or hereafter, wherever certified copyo ofa any power-ol-attomey oft the Company, shall be valid and! binding upont the Companyy with thes same force and efect ast thought manually appearing aflixed. upon INWITNESS THEREOF, the Companies have caused these presents tobes signed fore each by their oficers as shown, andt the Corporale sea's to! bel herelo  scheduled regularly  ata and revoke and indemnity a afixed this  meeling ofeach company dulyo called and! heldi in 1999:  24th dayof Seals  AUGUST  2017  ABhA Bruce G. Kelley, Chairman / dCompanies 2,3,4,586, President dfCompany 1;Vice Chaiman and CEOofCompany7 Ont this 24th dayof  Sid Todd Strother Vice President AUGUST  t  SEAL  1863  1953  AD 2017 bafore me  a Noltary Public in and for the Slate of lowa, personally appeared Bruce G.Kelley and Todd Strother, who, beingbyme duly swom, dids say! that! they are, andareknownt tor me tobethe Chairman, President, Vice Chairman and CEO, andlor Vice President, respectively, of each of The Companies above; thatthes seals afixedtothisi instrument larethes sealsofsadcoporaions: thal said instrument was signed and sealed on behali ofe each oft the Companies by authorily oftheir respeclive Boards of Directors; andt that thes said Bruce G. Kelley: and Todd Strother, as sucho oficers, acknowledgedi the executiono ofs saidi instrument tobe the voluntary acla and deed  SEAL  SEAL  SEAL  ofeacho ofthe Companies. My Commission Expires October 10, 2019.  KATHYLOVERIDGE Commission Number 780769 WyCommission! Expires October 10, 2019  athudalvidna NolaryP Piblicinandf fort the Stale oflda  CERTIFICATE AUGUST 24.2017  JamesD. Clough, Vice President oft the Companies, doherebycertifyt thatt thef foregoingrasohwtionoft the Boards of  each Directorsbye ofthe Companies, onb behalf of:  andt this Power dfAttomeyi issuedp pursuant theretoon retuea and correcta anda are silli infullforce ande effect. each Company tris. 48 dayomey  JAVESEARBER LANE MILAM. DEBRAS SANDERS, FRANCISW-RE SONYA BERRYMAN InTestimony Whereoflhave: subs-radmyname: anda Fixedt the facsimile sealof,  3013  fAD  VicePresident  7812(12-16)  "For verification of the authenticity of the Power of Attorney you may call (515)345-2689."    Bond #S459835  LABOR AND MATERIAL PAYMENT BOND  KNOW ALL MEN BY THESE PRESENTS: That we. S&C Materials & Paving, Inc. Employers Mutual Casualty Company One Milion Five Hundred Two Thousand  as Principal, and as Surety arel held and  firmly bound unto Dale County, Alabama (hereinafter called "Obligee" or "Owner")i in the penal sum of for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmlyl by these presents. WHEREAS, said Principal has entered into a certain contract with said Obligee, dated the 22N day  Sixty-Nine Dollars and Forly-Four CentsDollars (S_ 1,502,069.44  lawful money of the United States,  of_MAV  20_18, (Hereinafter called the "Contract") for the CHIP SEAL RESURFAGING OF VARIOUS COUNTY ROADS  Which Contract and the specifications for said work shall be deemed a part hereof as fully as ifset out NOW, THEREFORE, the condition of this obligation is such thati if said Principal and all Subcontractors to whom any portion of the work provided fori in said Contract is sublet and all assignees of said Principal and ofs such Subcontractors shall promptly make payment to all persons supplying him or them with labor, materials, feed-stuffs or supplies for or in the prosecution of the work provided for in such Contract, orin any amendment or extension of or additions to said Contract, and for the payment of reasonable attorney's fees, incurred byt the claimant or claimants in suits or said bond, then the above obligation shall be void; otherwise to remain in full force and effect. PROVIDED, however, that this bond is subject to the  herein.  following conditions andl limitations:  (a) Any person, firm or corporation that has furnished labor, materials, feed-stuffs or supplies for ori in the prosecution of the work provided for in said Contract shall have a direct rightof action against thel Principal and Surety on this bond, which right of action shall be asserted in a proceeding, instituted in the countyi in which the work provided fori ins said Contracti is to! be performed or in any county in which said Principal or Surety does business. Such right of action shall be asserted ina a proceedings instituted in the name of the claimant or claimants for his or their use and benefit against said Principal and Surety or either of thenh (but not later than one year after thet final settlement of said Contract) in which action such claim or (b) The Principal and Surety hereby designate and appoint ATTN: BOND CLAIMS PO Box 712 Des Moines, IAE as the agent of each of them to receive and accept service of process or other pleading issued or filed in any proceeding instituted on this bond and hereby consent that such service shall be the same as personal service on the! Principal and/or Surety. (c) The Surety shall not be liable hereunder for damage or compensation recoverable under Workers' Compensation or Employer's Liability Statute.  claims shall be adjudicated andj judgement entered thereon.  Employers Mutual Casually Company    Bond #S459835  (d) In no event shall the Surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or proceedings thereon thati is instituted later than one year after (e) This bond is given pursuant to the terms of Act No. 39, General Laws of Alabama, approved February 8, 1935, entitled" "An Act to Further Provide for Bonds of Contractors on State and  thei final settlement of said Contract. Other Public Works and Suits Thereon."  Executed in five (5) counterparts.  SIGNED, SEALED AND DELIVERED THIS_ 18 dayof mAy  20_18  WITNESS TO SIGNATURE OF PRINCIPAL: Dahra Clastsse)  S&C Materials & Paving, Inc.  PRING/PAL  TITLE SUREYY  WITNESS TO SIGNATURE OF SURETY:  Employers Mutual Casually Company eteni wr Francis Ware, Attorney-in-Fact  usaa Baden)  Susanna Bader Coytersigned: Kseniy WhIeAL8DA3A80 'Resident Agent 4525 Executive Park Drive Suite 202 Montgomery, AL: 36116 Address 800-489-0105 Telephone Number  TITLE  IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state  where the project is located.    THETACEANDREERSEOF IHSDQOMERTHNEACROKEDPUECRUATERSE  EMC INSURANCE  P.O. Box 712- Des Moines, IA 50306-0712  No. C10947  CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-N-FACT  ANOW ALLI MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an lowa Corporation 2. EMCASCO Insurance Company, anl lowa Corporation 3. - Union! Insurance Company of Providence, anl lowa Corporation 4. illinois EMCASCO Insurance Company, anl lowa Corporation  Dakota Fire Insurance Company, a North! Dakota Corporation EMCI Property & Casualty Company, an! lowa Corporation 7. Hamilton Mutual Insurance Company, an! lowa Corporation  hereinaferrelemedtos severally as" Company and collectively as" Companies, each does, by these presents, make, constitute andi appoint  JAMES BARBER,LANE MILAM, DEBRA SANDERS, FRANCIS WARE, SONYA BERRYMAN  itst true and lavful alttorney-in-fact, wilh full power and authority conferred tos sign, seal, and execute itsl lawiull bonds, undertakings, and other obligatory instruments ofa and lob bind each Company thereby as fullya andt to thes same extent asifs suchi inslruments were signed by the duly authorized oficers ofe each such Company, and allof  similar naturea asf follows:  Ina ana amount note exceeding Seven Million Dollars.  $7,000,000.00  the: acts ofs said altomey pursuantt tot the authorily herebygiven are! hereby ralified and confirmed.  AUTHORITY FOR POWER OF ATTORNEY  This Poer-oi-Attomey! is made and executed pursuant to and by the authority oft the following resolution of the Boards of Directors of each of the Companies ata RESOLVED: The President and Chiel Executive Oficer, any) Vice President, the Treasurer and the Secretary ofE Employers Mutual Casualty Company shall have power and authority to (1) appoint attoreys-in-act and authorize them to execute on behalf ofe each Company and allach the seal of the Company thereto, bonds and undertakings, recognizances, contracls ofindemnitya and other witings obligatoryi int ther nature thereof; and (2)toremove any sucha altomey-in-factat: any time andr revoke the powera and authority given! lot him or her. Altomeys-in-facl: shall have power and aulhorly, subject tot the lerms and limitations ofi the power-ol-allorey issued to them, to execute and deliver on behalf oft the Company. and to altach the seal oft the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the naturet thereof, and any suchi instrument executed by any such attomey-in-lacl shall be fully and in all respects binding upon the Company. Cerlificaltion as tot the validity of any poer-ol-altorney, authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects Inding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upona certified copy ofa any power-olattomey oft the Company, shallbev validi and binding upont the Company with thes same force and elfect ast though manually affixed. INV WITNESS THEREOF, the Companies! have caused these presents tob be signedi for eachb by their oflicers as shown, andl lhe Corporale sea's to! be hereto afixed this  regularly scheduledi meeting ofe each company dulyo calleda and! heldin 1999:  24th dayo of Seals  AUGUST  2017  hbhA G. Bruce Kelley, Chairman A 4Cmp14AEPAN ofCompany 1;Vice Chaimana and CEOofCompany7 Onthis_ 24th dayof_  hatt Todd Sirother Vicel President AUGUST  SEAL  1863  1953  AD 2017 before me  a Notary Public in andf for the State of lowa, personally appeared Bruce G. Kelley and ToddStrother, who, beingbymed dulys /swom, didsay! that theya are, anda arel known tometobethe Chairman, President, Vice Chairman and CEO, and/or Vicel President, respectively, ofeacho of The Companies above; thatt the: seals afixediolhisinsument; aret thes sealsolsadcoporalions. that said instrument was signed and sealed on behalf ofe each oft the Companies by authority oft their respective Boards of Directors; and that thes said Bruce G. Kelley and1 Todd Strother, as such oficers, acknowledged! the execulion ofs saidi instrument tobet the voluntary acta and deed  SEAL  SEAL  SEAL  ofeachofthe Companies. My Commission ExpiresOctober 10, 2019.  KATHY LOVERIDGE Commission! Number 780769 My Commission! Expires October 10, 2019  hathydolvidn NolaryPubicinand for the Stale ofldfva  CERTIFICATE AUGUST 24,2017  I,James D. Clough, Vice! President oft the Companies, dol herebyc certifyt that the foregoingr resolution ofthe Boards ofDirectors by eacho  andt this Power ofA Attoreyi issuedp pursuant theretoon tret true and correcta and are stilinfullf force ande effect each Companythis  - Gyt_mnt  ofhe Companies,  JAMES BARBER: LANE MILAM DEBRA SANDERS FRANCISWARE SONYA BERRYMAN InT Testimonyy Whereaf]have: subsarbedmyname: anda afixedt the facsimile  onb behalfof  5Sis    Vice President  7832(12-16)  "For verification of the authenticity of the Power of Attorney you may call (515)345-2689.    EXHIBIT 3  ADDENDUM Dale County Commission Personnel Policies and Procedures Handbook May 02, 2018 Changes are in Bold  Purpose of Addendum: To correct start date of County Paid Life Insurance.  SECTIONXI COMPENSATION AND BENEFITS No.3 EMPLOVEEINSURANCE PROGRAM  PARTB BENEFITS  e.  Presently Reads:  Each eligible employee is automatically covered by a life insurance policy. The County  will pay the policy premiums.  Change:  Each eligible employee will covered by a life insurance policy effective the first oft the month after hire date. The County will pay the policy premiums.    Better Infomatiun. Betuer Decisions. Beuer Results. (Valid as proposed 90 dais fiom dateshoun)  CapRisk  CONSUITINGGROUP  EXHIBIT 4  May:2,2018 Cheryl Ganey County Administrator Dale County Commission 202 Highway 123 South, Suite C Ozark, Alabama 36360  RE: GASB STATEMENT No. 75-OPEB REPORTING  ENGAGEMENT FORTHE SUPPORTING ACTUAILALVALUATIONS FY2018-FY2023  Dear Ms. Ganey,  Thank you for your consideration of this engagement with CapRisk Consulting Group (CapRisk) to provide actuarial services to Dale County Commission (the County). The overall purpose of our consulting efforts will be to assist the County and its representatives int the management of its retirement plan for "other (than pension) postemployment benefits" (OPEB). The scope of this assignment, providing the actuarial valuations and projections in support of the GASB Statement No. 75 reporting (replaces GASB 45),  will consider expense obligations specific to these benefits.  The assistance shall include:  1. Submission of a ready-to-file document addressing the actuarial valuation of OPEB expense obligations, signed byaf fullycredentialled Fellow of the Society of Actuaries. 2. Regular communications and explanation of study results and conclusions. 3. Ongoing consultation, as necessary, with regard to interpretation of values presented Teamwork and quality communication are considered key to the services being requested. CapRisk colleagues offer a true partnership approach to our consulting efforts founded on these considerations. We are prepared to dedicate sufficient resources, tailored to accommodate the specific needs and scheduling requirements of the County. We are an independent consultancy, value long-term relationships, and thus offer a level of commitment toward serving the needs of our clients that may not be found It is CapRisk's position that actuarial models should reflect the unique characteristics of the plan and client operational procedures to the greatest extent possible. CapRisk actuaries have particular expertise working with slindadinuranceplns retiree pension plans, other postemployment benefits (OPEB) and are accordingly well-prepared to address 2100 Sourhbridge Parkway, Suite 650. Birmingham, Alabama 35209 . Tel/Fax: 877.747.5238  and the implementation of recommendations.  in other consulting practices.  the needs for this assignment and any future studies for the County.    DaleCOALLOE GASB75 1. CAPRISK EXPERIENCE  1 Page 2 of4-  5/2/2018  Our firm's 's actuaries and consultants offer a combined one hundred plus years experience. One of our strongest and growing practice areas is providing actuarial and related consulting services for retiree medical plans to a wide range of client employers and plan consultants. Since the implementation of FAS 106 (the initial private sector equivalent of GASB 45/GASB 75) our actuaries have provided audit support and actuarial valuations for many of our clients that are exposed to these accounting standards. For our public sector clients we are additionally working with those interested in evaluating the impact The following are offered as representative of our actuaries' current and completed work:  ofvarious plan changes under GASB 75 on their financial statements.  City of Alabaster (Alabama) City of Enterprise & Water Works (Alabama) City of Eufaula (Alabama) City of Foley (Alabama) City of Homewood (Alabama) City of] Jasper (Alabama) Montgomery HoungAuhwityAlaibum) City of Oxford (Alabama) City ofOzark (Alabama) City of Troy (Alabama) City of Broken Arrow & Tulsa County (Okla) City of Muskogee (Oklahoma) City of Shelbyville (Tennessec) City ofTullahoma & Schools (Tennessee) Wilson County & School Board (Tennessee) 2. ACTUARIAL QUALIFICATIONS  Blount County (Alabama) Chambers County (Alabama) Cherokee County (Alabama) Chilton County (Alabama) Dale County (Alabama) Morgan County (Alabama) Talladega County & CityofTalladega (Alabama) Tallapoosa County (Alabama) Cityo of Siloam Springs (Arkansas) Lafayette Parish Sheriff's Office (Louisiana) City ofLke Charles (Louisiana) West Baton Rouge Parish Council (Louisiana) City of Orange & Orange County (Texas) City ofTexarkana (Texas) Walker County (Texas)  Wilfred L. Thornthwaite, FSA, EA, MAAA, Consulting Actuary with 30 years professional experience is presented as our lead consultant for this project. Mr. Thornthwaite is af fully-credentialled Fellow of the Society of Actuaries, an Enrolled Actuary, a Member of the American Academy of Actuaries, and a Fellow of the Conference of Consulting Actuaries. Our valuation methodology will follow GASB 75 in consultation with client representatives regarding assumptions. The valuation system we employ is widely used in the public sector for valuation of both pension plans and welfare plans. We have utilized this state-of-the-art We have attached the Executive Summary' and Accounting Information' sections from a sample report for reference. These cover our approach to the valuation as well as providing an illustration of the summary detail provided. The remainder of the report, not included, contains supporting derail on the actuarial development of various GASB 75 cost and liability components. Since the projected impact of the current plan may result in changes in the existing medical plan for retirees, we can also calculate alternative valuations Tel/Fax: 877.747.5238 * www.CapklakOroup.com * Info@CapRiskGroup.com  3. PROPOSEDI METHODOLOGY  valuation system for the past ten years.  reflecting these plan changes where requested.    DaleCOALLOE GASB75 4. PRESENTATION OVERVIEW  - Page 3 of4-  5/2/2018  The results of the analysis will be presented first in draft form for review, followed by an opportunity for discussion before issuing the final written report. Our written report will contain a Statement of Actuarial Opinion outlining the assumptions on which the analysis is based and the conclusions reached. Thel balance oft the report will document sources of data, material considerations, and methods used in sufficient detail for regulators or an auditor to evaluate the work performed and the conclusions reached.  5. VALUATION TIMELINE  As outlined here in our proposed engagement and dependent upon receiving complete data in a timely manner, we will develop our report for review within 30 days (flexiblc). We will then follow up with the County and its representatives to go over any questions to ensure we have properly reflected applicable information. Barring any major changes,  final signed reports will be delivered within a week after discussion.  6. FEE SCHEDULE  Our fee includes the development of claims costs and other assumptions for the valuation as well as the preparation of the data files to be used in the valuation. The fee includes the consultation to prepare the initial report and the actual preparation of the report. Based on our current understanding of the plan', the total cost for cach GASB 75 (biennial) valuation will not exceed $4,950, with the next valuation scheduled for reporting with the fiscal year ending September 30, 2018. The corresponding roll forward calculations as required for the "interim years" can be provided at no additionalcost As further evidence of our better value proposition, CapRisk will honor this all-inclusive flat fee schedule through FY2023 for additional valuations to be performed during the extended timeframe. The frequency and timing for additional valuations to be determined by the County in consultation with its outside auditor or accounting firm. [The fee indicated is for a number of participants fewer than 200, where we will utilize the appropriate measurement method in accordance with the Actuarial Standards of Practice and the Governmental Accounting Standards Board to provide the actuarial valuation Additional consulting services can be provided for the County's consideration, such as ar review of the likely impact of potential changes to the retiree plan benefits under GASB 75 reporting. Associated fees will be discussed and confirmed in writing before The invoice for each project will become due in full with transmittal of the initial report. Our fee reflects the understanding that the County and its representatives will be available to assist in efforts to gather and compile available data as may be required for the purpose of this analysis. Unless otherwise previously agreed to in writing, the total cost to the County for all services and expenses associated with performance hereunder Tel/Fax: 877.747.5238 + ww.CapAlaOroup.son . lnfpeCaphakOroupcom  of major medical with other benefits or options specified.)  any additional projects are undertaken.  shall not exceed the amount(s) quoted.    DaleCOAL: LOE GASB75  Page 4 of4-  5/2/2018  Draft reports and regular communications prior to the delivery of the final documents should provide assurance. that our selected assumptions conform to your knowledge of the plan and that your questions have been addressed. Follow-up consultations can be provided to address concerns that arise after the reports have been completed, and we will remain available to confer with the County and its representatives. We appreciate the opportunity to offer these services to Dale County Commission, and  look forward to working with you on this assignment.  Respertfullysabmited, CAPRISK CONSULTING GROUP: ÇNO Japes M. Owen, Managing Principal 877.747.5238, Ext. 41/0aOatadapon Enclosure: Sample Report Summary  Cc: Wilfred L. Thornthwaite, Consulting Actuary  The undersigned hereby authorizes CapRisk Consulting Group to commence work under this engagement with Dale County Commission to provide the actuarial services  outlined above.  - Chair  Shelis Date  Name/Title  Tel/Fax: 877.747.5238 * .CAPABCrOUP.com * mioeCapAlaXOroup.com    COL  Commission Chairman Mark Blankenship  Commissioners Chis Carroll Steve McKinnon District2 Charles W. Gary District3 Frankie Wilson District4  County Administrator CherylGaney  District1  EXHIBIT 5  S  Dale County Commission  Mandatory Garbage Service Exemption Policy  1. Customer must have a valid reason for utilizing a commercial dumpster instead of County provided service (i.e. business on property, multiple rental units in close proximity, or chicken houses/farms).  2. Dumpster must be within 500 feet of the housing unit or units iti is serving.  3. Access to the dumpster must not cross any public roads.  4. Site visit by Compliance officer to verify location meets above standards.  5. Preexisting dumpsters that do not meet these exact standards may be left as isi if, upon inspection by Compliance officer they do not pose any significant threat to public health and safe disposal of  household waste.  A Hh Mark Blankenship, Chairman  Date: May 22, 2018    EXHIBIT 6  RCOI  DALE COUNTY COMMISSION  Commission Chairman Mark Blankenship  Commissioners Chris Carroll, Steve McKinnon, Charles W. Gary, Frankie Wilson,  County Administrator Raye Ann Calton  Districtl District2 District3 District4  ISS  INVITATIONTOBID  To: ALLINTERESTED BIDDERS  Sealed bids will be received by the Dale County Commission, 202 S. Hwy 123, Suite C, Ozark, AL 36360 until 10.00 A.M. Tuesday, May 22, 2018 and publicly opened at this lime for harvesting timber at one tract of land Sealed bids should be labeled "BID ON HARVESTING TIMBER" on the outermost envelope. All bidders must use our BID FORM and each bid must be filled out in ink and notarized. Dale County reserves the right to accept or reject all bids or portions thereof.  owned by the Dale County Commission.  No errors will be correcied after bids have been opened. Potential bidders may contact Derek Brewer, County Engincer at 334-774-5875 regarding any questions about bid and to schedule any inspections of the propertics. Acceptance or Rejection of Proposals: The Dalc County Commission reserves the right to reject any or all proposals. Without limiting the generality or the foregoing; any proposal having erasures or corrections on the bid form may be rejected; any proposal omits a bid or any one or more item on the bid form may be rejected; any proposal in which prices are omitted, or in which prices are obviously unbalanced, may be rejected; and any  proposal accompanied by an insufficient or irregular bid bond may be rejected.  We hereby affirm we have not been in agreement or collusion among bidders or perspective bidders in restraint ofFreedom of Compelition, by agreement to bid at a fixed price or to refrain from bidding or otherwise.  Aaantlmladie  520118 owdl  illw  Date Title  VE  Signature of Authorized Representative hl Dale County Commission Chairman  Mark Blankenship  202 South Highway 123, Suite C - Ozark, AL36360 Phone: 334.774.6025 . Fax: 334.774.1841  Page 1of3    The tract oft timber is described below:  FRACT: Located North of Dale County's C&D landfill. Land is located in Sections 12 and 13,  Township 5N, Range 24E. Land to be clear cut and contains 170 acres (H-).  Bids will be only accepted from contractors that are licensed and insured. Proof of insurance and licensure shall be submitted with bid. A bid bond of 5% of the total bid amount must also accompany all bids, no exceptions. The bid bond may also be in the form of a certified/cashiers check made payable Bid bonds of the unsuccessful bidders shall be returned once the bid is awarded. References may be required The contractor shall have 365 calendar days from the award of the bid to harvest the timber. Payment to be made to the Dale County Commission within 30 days of the award. Bid bond will be retained by  to the Dale County Commission. from the high bidder.  the Dale County Commission until full payment is received.  5n ucbhmidumlanssc ER Signature of Authorized Representative - hh Mark Blankenship Dale County Commission Chairman  59912 OLMGA)  Date Title  -  Page 2 of3    BID FORM  ALE COUNTYLANDHILLA (LUMPSUMI BID)  15,000.00 U.S. DOLLARS  Iagree to have completed harvesting within three hundred sixty-five (365) calendar days and remit full payment of the LUMP SUM BID amount above to the Dale County Commission within thirty (30)  calendar days from the award of the contract. Siuclmiumlan.le VEl Signature of Authorized Representative  Quuner Title 122/18 Date  KAthy G-SALKSOW  a Notary Public in and for said County, in said State,  hereby certify that  DUALD_SRICEROd  whose name is signed to the P  foregoing instrument and who is known to me, acknowledge before me this day, that being informed of the contents oft this instrument, he executed the same voluntarily, on the day the same bears date.  Given under my hand and official seal this, - a3d  2018.  Notary  My Commission Expires: fe2208  (Notary Seal)  Page 3of3    DUNN ENVIRONMENTAL ENGINEERING.LLC  May 15,2018 Mr. Derck S. County Engineer Dale County Road and Bridge Department 202 S. Higlway 123, Suite A Ozark, AL36360  EXHIBIT  7  Brewer, P.E.  Re: Dale County Sanitary and C&D Landfills General Operations Proposal DEE Project No. 1301-001  Dear Mr. Brewer:  Dunn Environmental Engineering, LLC (DEE) appreciates the opportunity to provide this proposal and atlached agreement for professional engineering services on the Dale County Sanitary and C&DI Landfills for miscellaneous work in 2018. The total scope of the project cannot be totally defined, but Fhave Listed belowi is the scope of services and my estimated fecs for the work on this project in 2018. Ifacceptable, please execute this letter and attached agreement to put DEE under contract to perform general operational assistance services on a time, material and expense basis. Once you have signed both  atlempted to describe my understanding of the work in this proposal.  this letter and attached agreement, please return a copy of each lo my officc.  Scope of Services  The Dale County Sanitary and C&DI Landfills proposes to work on various issues and miscellaneous engincering work on the facilities. DEE will assist the landfills as needed for requested services on a time, material and expense hasis in accordance with the attached agreement, including hourly rates,  Estimated Fec..  .$5,000  This scope of services and fees are estimates based on the best information we have at this time and do noti include other services that may be required to complete the work. Scopes and proposals for other services that may be required (hydrogeologist, surveying, ficld work, sampling, etc.) willl be prepared by the specialist and professionals providing those services and provided separately as applicable. Thank you for the opportunity to serve! Dale County and your confidence in my company.  Should you have any questions, please call or email. Dunn Environmental Engineering, LLC  Sincerely,  b Nathan Dunn, P.E. Professional Engineer Enclosure  Ah Acceptance of Proposal s/zhb Date  133South Court Square, Suite 2.P.O. Box 1616-Ozark, Alabama 36361 . (334). 443-0408 (0)* (478)214-1490(C)    SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES  THIS IS AN AGREEMENT effective as of May 15, 2018 ("Effective Date") between Dale County, Alabama Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as Engineer's services under this Agreement are generally identified as follows: Professional engineering services for ADEM compliance and operational assistance, as needed, at the Dale County, Alabama Sanitary and C&D Landfills in 2018. Refer to cover letter dated, May 15, 2018, for further detail  ("Owner")and Dunn Environmental Engineering, LLC ("Engineer"). follows: Dale County, Alabama Sanitary and C&D Landfills ("Project").  ("Services").  Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service  A. Engineer shali provide or furnish the Services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth B. Engineer shall complete its Services within the following specific time period: Services provided under this agreement shall be completed during the 2018 calendar year. If no specific time period is indicated, .If,t through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's Services is impaired, or Engineer'ss Services are delayed or suspended, then the time for completion of Engineer's Services, and the rates and amounts of Engineer's compensation, shall be  above ("Additional: Services").  Engineer shall complete its Services within a reasonable period of time.  adjusted equitably. 2.01 Payment Procedures  A. Invoices: Engineer shall prepare invoices in accordance withi its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for Services, Additional Services, and expenses within 30 days after receipt of Engineer'sinvoice, then (1) the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day, and (2) in addition Engineer may, after giving seven days written notice to Owner, suspend Services under this Agreement until Engineer has been paid in full all amounts due for Services, Additional Services, expenses, and other related charges, Owner waives any and all claims against Engineer for any such suspension. B. Payment: As compensation for Engineer providing or furnishing Services and Additional Services, Owner shall pay Engineer as set forth in Paragraphs: 2.01,2.02 (Services), and 2.03 (Additional Services). If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in EICDC* E-520, Short Form of Agreement Between Owner andl Engineer for Professional. Services. Copyright 02015 National Society of Professional! Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. Allrights reserved.  Page1    writing of the specific basis for doing 50, may withhold only that portion so disputed, and must pay the  undisputed portion.  2.02 Basis ofPayment-Hourly Rates Plus Reimbursable Expenses A. Owner shall pay Engineer for Services as follows:  1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class, plus reimbursement of expenses incurred in connection with providing the Services and Engineer's consultants' charges, if  any.  2. Engineer'sStandard Hourly Rates are attached as Appendix 1.  3. Thet total compensation for Services and reimbursable expenses is estimated to be $5,000. 2.03 Additional. Services: For Additional Services, Owner shall pay Engineer an amount equal toi the cumulative hours charged in providing the Additional Services by each class of Engineer's employees, times standard hourly rates for each applicable billing class; plus reimbursement of expenses incurred in connection with providing the Additional Services and Engineer's consultants' charges, if any. Engineer's standard hourly  rates are attached as Appendix1 1.  3.01 Termination  A. The obligation to continue performance under this Agreement may be terminated:  1. Forcause,  a. Byeither party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for  termination. b. ByEngineer:  1) upon seven days written notice if Owner demands that Engineer furnish or perform services 2) upon seven days written notice if the Engineer's Services are delayed for more than 90 days for reasons beyond Engineer's control, or as the result of the presence at the Site of Engineer shalll have no liability to Owner on account of a termination for cause by Engineer. d. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure EJCDC E-520, Short Form of Agreement Between Owner and Engineer for Professional: Services. Copyright 02015 National Society ofF Professional Engineers, American Council of Engineering Companies,  contrary to Engneersresponsbilites as al licensed professional;or undisclosed Constituents of Concern, as set forth in Paragraph 5.01.1.  and American! Society of Civil Engineers. All rights reserved.  Pagez    such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, andi if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60  days after the date of receipt of the notice.  2. For convenience, by Ownere effective upon Engineer'sreceipt of written notice from Owner. B. Int the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all Services and Additional Services performed or furnished in accordance with this Agreement, plus reimbursement of expenses incurred through the effective date of termination in connection with providing the Services and Additional Services, and Engineer'sconsullants charges, ifany. A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01,B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to anys surety for ore employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any  4.01 Successors, Assigns, and Beneficiaries  covenants, agreements, and obligations of this Agreement.  release or discharge the assignor from any duty or responsibility under this Agreement.  other party. 5.01 General Considerations  A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of B. Engineer shalln not at anyt time supervise, direct, control, or have authority over any Constructor'swork, nor shali Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a Constructor to comply  technicalstandards.  EJCDC*E-520, Short Form ofA Agreement Between Owner and Engineer for Professional: Services. Copyright 02015 National Society of Professionall Engineers, American Council ofE Engineering Companies,  and American! Society of Civil Engineers. Allrights reserved.  Page3    with laws andi regulations applicable to such Constructor's furnishing and performing of its work. Engineer Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any D. Engineer's opinions (if any) of probable construction cost are to be made on the basis of Engineer's experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable construction cost prepared by Engineer. If Owner requires greater assurance as to probable construction cost, then Owner agrees to obtain ani independent cost estimate. E. Engineer shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, clarification, or modification of the construction contract documents F. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all Services and Additional Services relating to preparation of the documents 1. Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, ori for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or 2. any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, 3. Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents  shall not be responsible for the acts or omissions ofa any Constructor. Constructor's failure toi furnishand perform its work.  other than those made by Engineer or its consultants.  and: subject to thei following limitations:  adaptation by Engineer;  agents, employees, and consultants;  without written verification, completion, or adaptation by Engineer;and 4. such limited license to Owner shall not create any rightsi int third parties.  G. Owner and Engineer may transmit, and shall accept, Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through H. To the fullest extent permitted byl law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement tos special, incidental, indirect, or consequential damages arising out of, resulting from, or in EJCDC*E-520, Short Form ofA Agreement Between Ownera and Engineer for Professional Services. Copyright 02015 National Society of Professional Engineers, American Council of Engineering Companies,  access to a secure Project website, in accordance witha a mutually agreeable protocol.  and American! Societys of Civil Engineers. Allrights reserved.  Page 4    any way related to this Agreement or the Project, and (2)agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by The parties acknowledge that Engineer's Services do not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an unknown or undisciosed Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until such portion of the Project is no longer affected, or terminate this Agreement for Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. Ifmediation is unsuccessful, then the parties may exercise their rights at law. K. This Agreement ist to be governed by the law of the: state in which the Project is located.  Engineer, whicheverisg greater.  cause ifiti isnot practical to continue providing! Services.  Engineer's Services and Additional Services do not include: (1) serving as a "municipal advisor" for purposes of the registration requirements of Section 975 of the Dodd-Frank Wal! Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances; (3) providing surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety' bondingrequirements; or (4) providing legal advice or representation.  6.01 Total Agreement  A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceledi bya duly executed written instrument.  7.01 Definitions  A. Constructor-Any person or entity (not including the Engineer, its employees, agents, representatives, and consultants), performing or supporting construction activities relating to the Project, including but not limited to contractors, subcontractors, suppliers, Owner's work forces, utility companies, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or B. Constituent of Concern-Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 559601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. 555101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. $56901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. 552601 et seq.; (e) the Clean Water Act, 33U.5.C. $51251 ets seq.; (f) the Clean Air Act, 42U.S.C. 557401 ets seq,;or (g) any other federal, State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating,  alloft them.  EJCDC* E-520, ShortF Formo ofA Agreement Between Owner and Engineer for Professional. Services. Copyright 02015 National Society of Professional! Engineers, American Council ofE Engineering Companies,  and American Society of Civil Engineers. Allr rightsreserved.  Page5    relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous  waste, substance, or material.  Attachments: Appendix1,E EngineersStandard Hourly Rates.  IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is  indicated on page 1. Owner: 1 M By: M-k Baskurl? Print name: Title: Charmy Date Signed: 5/22418  Engineer: Dunn Environmental Engineering, LLC  By: Pht 5 Print name: Nathan Dunn, P.E. Title: Owner Date Signed: s/is/18 CA-5600-E State of: Alabama P.O. Box1616 Ozark, AL 36361  Engineer License or Firm's Certificate No. (ifrequired):  Address for Owner'sreceipt ofnotices:  Address for Engineer's sreceipt of notices:  EJCDC*E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02015 NationalSociety of Professional Engineers, American Council ofE Engineering Companies,  and American! Society ofCivilEngineers. All rightsr reserved.  Page6    This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated May 15, 2018.  Engineer'sStandard Hourly Rates A. Standard Hourly Rates:  1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 2.01, 2.02, and 2.03, and are  subject to annual review and adjustment.  B. Schedule of Hourly Rates:  Billing Class Mileage  Rate 54.5 cents/mile  Professional Engineer $135/hour  Mileage subject to change according to the IRS standard mileage rate. Dunn Environmental Engineering rates are subject to change on. Januaryl"of  each year.  Appendix: 1, Standard! Hourly Rates Schedule. and American Society of Civill Engineers. All rights reserved.  EJCDC*E-520, Short Form ofA Agreement Between Owner and Engineer for Professional Services. Copyright 02015 National Society of Professionall Engineers, American Council oftngnerinCompanies,  Page1    EXHIBIT 8  AGREEMENT  This Agreement is entered into this 1 day of June, 2018, ("Effective Date") by and between Dale County County has requested Contractor to provide certain inmate communication consulting, management, market intelligence, and reconciliation services, as hereinafter described, and Contractor is willing 10 provide such services  ("County"), and Praeses, LLC, ("Contractor"). under the terms and conditions set forth below: SCOPEOFSERVICES  I. II.  Contractor shall provide the services described ini the attached Exhibit A,  COMPENSATION AND REPORTING  County shall pay Contractor a monthly management fee ofS1,500.00 and 12% of all economic benefits, and truc- ups received by paid by Inmate Telecommunication Service Provider(s) ("Vendor") to County. Economic benefits include, without limitation, any monctary payments such as signing' bonuses, technology grants, or reimbursements and anyi in-kind compensation: such as, but not to be limited to, computer hardware, RFID equipment, and/or other tangible reimbursements generated based on the revenucs, generated byi inmate extemal communications. Contractor retains the right to increase the management fee upon renewal of this Agreement by the Consumer Price Index for all Urban Consumers (as published from time to time by the US Department of Labor - Burcau ofLabor Contractor will provide monthly revenue reporting to County in a format approved by County. Contractor will modify or revise the reporting formats as requested by County and mutually agreed upon. The management fec described above will be deducted monthly from the payment remitted by Contractor or invoiced to County along with the monthly reports. Contractor will remit to County on a mutually agrecd-upon date following the reccipt This Agreement shall commence on the Effective Date and expirc three (3) years from the delivery of the initial monthly revenuc report to County and will automatically renew for consecutive two (2) year terms at the original terms and conditions unless either party provides written notice of termination to the other via certified mail, return reccipt requested, no less than sixty (60) days prior to the expiration date of this Agreement or any subsequent Notwithstanding any provisions in this Agreement to the contrary, County shall provide written notice to Contractor of any alleged material breach of this Agreement and Contractor shall have thirty (30) days from the date of the Either parly may terminate this Agrcement without cause upon ninety (90) days written notice to the other party. This Agrcement, together with any attachment(s) or addendum(s), represents the entire understanding between the parties with respect to the subject matter hercof and supersedes all prior communications, agreements and understandings relating thereto. The provisions of this Agreement may not be modified, amended, or waived except bya written instrument duly cxecuted by! both parties. The failure ofeither party at any time to1 require performance of any provision hereof shall in no manner affect the right at a later date to cnforce the same. No waiver by cither party of any provision of this Agreement, whether by conduct or otherwise, in any onc or more instances, shall be deemed tol be, or construed as, a further or continuing waiver ofs such provision, or of any other provision contained County and Contractor shall indemnify and defend cach other against any loss, cost, damage, reasonable expense (including reasonable attorney's fees) or liability ofany kind paid pursuant to a non-appcalable judgment ofcourt of competent jurisdiction or third-party settlement for damages to property, personal injuries or deaths, arising directly or indirectly, from the performance of this Agreement, except where such loss, cost, damage, expense or liability is  Statistics) or 3.57%.  month of commissions and traffic reports from the contracted Vendor(s).  III. TERM  renewal term(s). IV. TERMINATION  reccipt ofs such written notice lo cure same. VI. MISCELLANEOUS TERMS  Notice shall be dcemed served on the date of reccipt of the notice.  in this Agreement.  Page/1    due to the sole gross negligence of either party, their agents or employees. Contractor is not responsible for vandalism, holes in walls or other modification to County's premises. Notwithstanding any provisions in this Agreement to the contrary, neither party shall be liable to the other party for consequential, special or punitive damages. Notwithstanding the foregoing, in no event shall Contractor's liability exceed the management fees actually received under this Agreement during the previous threc (3) months prior to which: ac claim arises. Int the cvent that one or more of the provisions contained in thc Agreement shall for any reason be held to be invalid, illegal or unenforccable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable Any notice, demand, request, consent, or approvai that either party hereto is required to give the other pursuant to this Agreement shall bei in writing and: shalll be either personally delivered or sent by mail, addressed as follows:  provision had never been contained hercin.  VII. NOTICE  TOCOUNTY: Dale County Commission Attn: Cheryl Gainey 2021 Hwy 123 South, Suite C Ozark, AL 36360 gansyddaleountyalors  TOCONTRACTOR: Praeses, LLC Attn: Annl Day 3301 Marshall Street, Suite 800 Shreveport, LA 71101 CC: Drew: Smith (at same address) drew smith@pracses.com  IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year  shown below. COUNTY  PRAESES,LLC By. Date:  Byn M (name) Date: shr/is  (name)  tTitle)  (Titlc)  Page/2    EXHIBIT A SCOPEC OF SERVICES  Contractor. shall provide thej following services:  I.  MANAGEMENT  Dayip.DayParicinaton: Management Services  Contractor will provide County with aj point of contact for inmate communication service issues. This individual will work directly with each facility to assist ini managing and coordinating activities including, but not limited to:  Endaserequess/issues Repair/service issues Coordination ofo on- site technicians System upgrades/maintemance Investigative reports Blocked numbers  Coordination ofr new installation ofe equipment/ features Verification of"free" phone numbers Telephonc removals and relocations Vendor issues Reporting and commissions Vendor Compliance Services fromt the contracted Vendor(s). compliant withi its service offerings, and  Maintenance ofinventory (phones, rate plans, commission structures, equipment)  Work with County's contracted Vendor(s) to facilitate optimal inmate communication service Work with County and its contracted Vendor(s) to validate that such Vendor is contractually Work with the selected Vendor(s) to facilitate timely responses to open service requests.  II. CONSULTING. ANDI MARKETI INTELLIGENCE  Contractor will conduct in- -depth requirements gathering and site surveys to understand County" 's unique needs and requirements affecting its inmate communications cnvironment. Contractor will consult with County to:  Advise County ofi new lechnologies, regulations and industry trends and  Consult through any Request for Proposal ("RFP") process or contract renewal process which will include, at County's sole option, RFP review, Vendor RFP response summaries, contract  negotiations and Vendor/equipment transitions.  III. RECONCILIATION  The reconciliation services tol be provided by Contractor include:  Evaluate the accuracy of calling rates, fecs, revenucs and commissions; Work at the discretion of County to collect any earned but unpaid monies; Utilize proprietary methods to detect errors andi identify trends and anomalies, and  County's Responsibilities:  I.  County shall promptly execute the Letter of Agency ("Exhibit B") designating Contractor as its authorized II. County shall provide Contractor, to the extent possible, with County records to assist Çontractor in  Agent with respect to all matters regarding the provisioning ofinmate communication services. providing the Scope of Services. Suchi information willi include but not be limited to:  Number ofinmate telephones 'devices at each County facility;  Page/3    Average Daily Population and number ofbeds at cach County facility; Numbers ofdevices located in each County facility and used byi inmates; Copies ofcurrent Vendor contracts and any amendments; the 181 month period prior to Contractor's management; Any other information pertinent to Contractor's management oft thel ITS.  Information about the Vendor(s) at each County facility including company name and contact Revenue and commission data for each inmate communication device at cach County facility for  person;  III. County shall provide Contractor reasonable access to County facilities during normal business hours for the purposes of inspecting, evaluating and monitoring the inmate communication service quality. County shall aiso IV. County shall assist Contractor with obtaining data from Vendor(s) ifand/or when the Vendor declines to  provide authorization for remote access (approved user level) from Vendor.  give the requested data to Contractor.  Page 14    EAHIBITB LETTER OF AGENCY  LETTER OF AGENCY  TO: Inmate Telephone Service Equipment Providers and Billing Companies  Correctional Tablet Providers Commissary Providers Jail Management System Providers Video Visitation Providers Ancillary Service Providers  The undersigned appoints Praeses, LLC as Agent (hereinafter the "Agent") to obtain all information and manage all aspects of the inmate communication services and related products you provide to the undersigned COUNTY, including but not limited to, remote access, recciving commissions, revenue reports, traffic detail reports, raw call detail records, billing files, and any and all other data and reports that are decmed necessary by COUNTY for the Agent to oversee, fully analyze and reconcile monthly traffic activity, historical traffic activity and contract terms regarding inmate communication service and related products, as well as coordinate any modifications (including system interfaçes) to the inmate communication services environment and related services/products. The undersigned also confirms that it continues to have the option to act on its own behalf regarding any inmate communication and ancillary service issucs relating to the locations owned, operated and/or managed by the You are hercby released from any and all liability for making pertinent information available to the Agent, andlor any successor or assignee, and for following the Agent's instructions with reference to any request for information ont the undersigned's public and/ori inmate telephone scrvice. Furthermore, this Letter of Agencyl hereby revokes and cancels any prior Letters of Authorirzation/Agenty which may be on file with your establishment. You may deal directly with the Agent on all matters pertaining to said public and/or inmate communication service and should follow: the Agent's instructions with reference thereto. This authorization will remain in effect until  undersigned.  otherwise notified. COUNTY: DALECOUNTY ahry Signature Mk Bhrke-skp Name (PrintorT Type) Charn Title 202 HaySSL COUNTY"S Address 724-6025 COUNTY'STelephone*  Agent: PRAESES, LLC Signature Name (Print or Typc) Title Agent's Address (318)424-8125 Agent'sTelephone #  Shs/é Date  Datc  330Marshal! Street, gh Floor. Shrexepor.LA71O1  Page/5