CORRA  MISS  Dale County Commission  Commission Meeting Minutes = May 24, 2022  The Dale County Commission convened in a regular session Tuesday, May 24, 2022. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham; District Three Commissioner Charles W. Gary; and District Four Commissioner Frankie Wilson. Chairman McKinnon called the meeting to order at 10:00am. Commissioner Grantham opened with the Pledge of Allegiance. Commissioner Wilson followed with prayer.  APPROVED = AGENDA  Commissioner Grantham made a motion to approve the agenda with the following changes:  Add: Appropriation request - City of Ozark Rescue. Add: Donated Sick Leave Request.  Add: Contract with Covington Contracting, Inc., Training Facility.  Amend: Request to Bid Custodial Services to Request to Post Custodial Positions. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED  MEMORANDUM OF WARRANTS  Commissioner Carroll made a motion to approve the following Memorandum of Warrants:  Accounts Payable Check Numbers 93031-93114. Payroll Check Numbers: 154818-1 154820. Direct Deposit Check Numbers: 421081-421219.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes May 24, 2022  Page 2of3  APPROVED - MAY10.2022 MINUTES  Commissioner Grantham made a motion to approve the Minutes of the Commission Meeting  on May 10, 2022.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - DESIGNATED AGENCYI LETTER - SECTION 5311 TRANSIT PROGRAM Commissioner Wilson made a motion to approve a designated agency letter for Section 5311  Transit Program. See Exhibit 1.  Commissioner Gary seconded the motion, all voted aye. Motion carried.  APPROVED - APPROPRIATION REQUEST - TOWN OF ARITON RESCUE SQUAD Commissioner Carroll made a motion to approve an appropriation to the Town of Ariton  Rescue Squad in the amount of $25,000.00. See Exhibit 2.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED = PHOTOCOPIER LEASE AGREEMENT - SHERIFF DEPT Commissioner Gary made a motion to approve an agreement for a photocopier lease for the  Sheriff's office. See Exhibit 3.  Commissioner Grantham seconded the motion, all voted aye. Motion carried  APPROVED - REQUEST TO POST FOR CUSTODIAL POSITIONS  Commissioner Gary made a motion to approve posting for two (2) custodial positions. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  TABLED - BID FOR SKID STEER LOADER. - ROAD & BRIDGE  Commissioner Grantham made a motion to table awarding the bid for Skid Steer Loader.  Loader is to be purchased with ARPA funds.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - APPROPRIATION REQUEST - CITY OF OZARK'S RESCUE SQUAD Commissioner Wilson made a motion to approve an appropriation to the City of Ozark's  Rescue Squad in the amount of $25,000.00. See Exhibit 4.  Commissioner Gary seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes May 24, 2022  Page3of3  APPROVED - SICK LEAVE DONATION  Commissioner Grantham made a motion to approve a sick leave donation for Corrections  Officer Mitchell Barnhill.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - COVINGTON CONTRACT- - TRAINING FACILITY  Commissioner Carroll made a motion to approve a contract with Covington Contracting, Inc.  for bid awarded on 04/26/22 for Training Facility. Exhibit 5.  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - EXECUTIVE SESSION  Commissioner Carroll made a motion to approve the Commission going into Executive  Session based on advice of County Attorney. See Exhibit 6.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  COMMISSION RECONVENED AFTER EXECUTIVE SESSION  ANNOUNCEMENT - NEXT REGULAR MEETING  Chairman McKinnon announced that the next regular meeting of the Dale County  Commission will be Tuesday, June 14, 2022 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Wilson made a motion to adjourn the meeting. Commissioner Gary seconded  the motion. All voted aye. Motion carried.  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.  Shk Steve McKinnon, Chairman    Exhibit 1  Dale County Commission  202 Hwy 123 South, Suite C, Ozark, AL 36360  3  Commission Chairman Steve McKinnon  Commissioners Chris Carroll Donald O. Grantham District2 Charles W. Gary Frankie Wilson  County Administrator Cheryl Ganey  EMISET9  District1 District3 District4  May 24, 2022  Mr. Bradley B. Lindsey, P.E. State Local Transportation Engineer Local Transportation Bureau Alabama Department ofTransportation 1409 Coliseum Boulevard Montgomery, Alabama 36110 Dear Mr. Lindsey:  Subject: Letter of Designation 1 FY 2023 Section 5311 Program  The Dale County Commission has carefully considered the selection of an implementing agency for its Section 5311 project. We designate the Southeast Alabama Regional Planning and Development Commission dba Wiregrass Transit Authority as our local implementing agency. The principal contact person for this project is Kenneth S. (Scott) Farmer. This designation remains in  effect until rescinded by this Commission.  Ifyou have any questions on this designation, please contact me at (334),774-6025.  Sincerely,  Shhe Wigms Steve McKinnon, Chairman    Exhibit 2  ARITON RESCUE SQUAD POBOX183 ARITON ALABAMA: 36311 334-685-1616 334-762-2399 FAX  May 4, 2022  Dear Dale County Commission -  We would first like to Thank You for your support over the years. As all ofy you are aware 2020 - 2022 brought to our organization some new changes and challenges while navigating the COVID - 19 pandemic. Our volunteers have adapted to the ever - changing situation while continuing to provide quality emergency medical and rescue services to our community. As we. look forward through 2022 and returning to a sense of "normal," we come to the Commission: to request funds for the Ariton Rescue Squad in the amount of $25,000 to allow us to purchase the much-needed supplies and cover the cost of maintenance to existing equipment SO that our volunteers can continue to serve the people of Ariton and Dale County,  safely and effectively. This funding will go to:  Life-saving equipment and gear Continuous training and safety initiatives Facilities upkeep, EMS supplies, and materials Apparatus maintenance and service Upgrade to electronic PCR reporting and devices Upgrade monitors and supplies to operate  We Thank You for your support and consideration to allocate these funds to our department  and look forward to assisting you ift the need arises.  Respectfully,  Chuddubbk Mayor Dave Walsh Town of Ariton  Rescue Captain Rhonda Peters Bbnlll Town of Ariton Rescue Squad    Exhibit 3    Exhibit3 Page 1 of2  Trade in, Upgrade, Return, Buyout Schedule Schedule7/8LS-900)  Canon Canon Solutions America, Inc. ("CSA") One Canon Park, Melville, NY 11747 (800)-613-2228  Return Schedule, Rider B of Agreement Customer: DALE COUNTY ALABAMA Agreement: #: MA26652  Salesperson: Charles V. Ezzell. Jr. Transaction: #: $1279271  Order date: 05/24/22  Customer ("You") Customer Account: 1873527 Company: DALE COUNTY ALABAMA Address: 113WF Reynolds St City: Ozark State: AL Zip: 36330 Contact name: Angelia Munn Email: amunn@daleso.com Alternate Contact: Alternate Phone: Payable to:  Service Requested:  Tradel In  Lease Information (ifa applicable)  County: DALE Phone: 334.774.2335  Leasing company name CFS  Lease Number 001-0651253-003  I"Buyout Reimbursement" is selected above, the following MUST be completed: lftransaction includes al Lease Upgrade or Buyout the following MUST be completed:  Tol be paid upon delvery/acceptance, pursuant to Rider B, Section 1.  Reason for check issuance:  Select Not Applicable: No Equipment pick up required one: V CSA will pick upt the Equipment  Return Equipment to CFS Youv will retain the equipment. No  Return Equipment to CSA Original Order Date Willr retained equipment remain under a CSA Maintenance Agreement? Yes: SELECT ONE: under an Existing Contract  You will return! Equipment tol leasing company according tot the terms and conditions of yourl lease agreement  Or New Contract  Trade in Equipment Condition: Good Working Condition Equipment for Trade-In, Upgrade, or Retur Iftransaction includes al Lease return thet following MUST be completed: Return Item Description Serial# code Code TRD 0604C003 IRADVC55401 WXE07283 TSWREYN  Equipment Location  Contact Name & Phone  Email  Altp pick up date  Pick Up Return Information: D Other Specified Date: Contact Name: Angelia Munn Hours of Operation: 9-5 Special Instructions:  V Same Date as Delivery ofL Listed Items Specified ont the Agreement  - (butr nol longer than 30 days after delivery ofL Listed Items under Agreement  Phone: 334.774.2335  Email: amumn@daleso.com  Number of Steps: 0  Elevator: No  Loading Dock: No  THIS RETURN SCHEDULE IS ENTERED INTO PURSUANT TO, ANDI INCORPORATES. ALL OF THE TERMS OF, THE MASTER SALES AND SERVICES AGREEMENT REFERENCED AS THE AGREEMENT; #/ ABOVE AND THE APPLICABLE RIDER(S) ("AGREEMENT). BY YOUR SIGNATURE BELOW, YOUA AGREE TO TERMS AS SPECIFIED ABOVE, SUBJECT TO THE TERMS AND CONDITIONS OFT THE AGREEMENT. CUSTOMER! REPRESENTS THATE EXECUTION OF1 THIS SCHEDULE HAS BEEN DULYAUTHORIZED. YOUF REPRESENT THATY YOU ARE/ AUTHORIZED TOI EXECUTE THIS SCHEDULE ON CUSTOMER'S BEHALF. STANDARD' TERMS AND CONDITIONS INCORPORATED: HEREIN ARE AVAILABLE AT ESSCBACANONCOMCUSTOMERPOCGUMENIS AND SHALL/ APPLYTO THE EXTENT NOTI MODIFIED! BYT THE AGREEMENT. YOU ACKNOWLEDGE RECEIPT OF A COPY OF1 THISF RETURN SCHEDULE.  Customer's Authorized: Signature SAbnn Printed Name Stel Mdin Title  ZiAtmtl  Date 8524L2  SLS-900 March 2020    Exhibit 3 Page 2 of2  Trade in, Upgrade, Return, Buyout Schedule Schedule7/8LS-900)  Canon Canon Solutions America, Inc. ("CSA") One Canon Park, Melville, NY 11747 (800)-613-2228  Return Schedule, Rider B of Agreement Customer: DALE COUNTY ALABAMA Agreement#: MA26652  Salesperson: Charles V.E Ezzell, Jr. Transaction: #: $1279271  Order date: 05/24/22  Customer ("You") Customer Account: 1873527 Company: DALE COUNTY ALABAMA Address: 113 W Reynolds St City: Ozark State: AL Zip: 36330 Contact name: Angelia Munn Email: amunn@daleso.com Alternate Contact: Alternate Phone: Payable to:  Service Requested:  Upgrade  Lease Information (if applicable)  County: DALE Phone: 334.774.2335  Leasing company name CFS  Lease Number 001-0651253-003  "Buyout Reimbursement" is selected above, the following MUST be completed: lftransaction includes al Lease Upgrade or Buyout the following MUST be completed:  Tol be paid upon delvery/acceptance pursuant to Rider B, Section 1.  Reason for check issuance:  Select Not Applicable: No Equipment pick up required one: V CSA will pick up the Equipment  Return Equipment to CFS You will retain the equipment. No  Return Equipment to CSA Original Order Date Willr retained equipment remain undera a CSA Maintenance Agreement? Yes: SELECT ONE: under an Existing Contract  Your will return Equipment to leasing company according tot thet terms and conditions ofy your lease agreement  Or New Contract  Trade in Equipment Condition: Equipment for Trade-In, Upgrade, or Return Return Item Description Serial# code Code  Ht transaction! includes aLease retum the following MUST be completed: UGTR 80318003 IRADV4235 RKJ13911 124Adams Street OZARK,AL3 36360-1436  Equipment Location  Contact Name & Phone  Email  Altp pick up date  Pick Up Retum Information: JOther Specified Date:_ Contact Name: Angelia Munn Hours of Operation: 9-5 Special Instructions:  D Same Date as Delivery ofl Listed Items Specifled on the Agreement  (butr nol longer than 30 days after delivery ofL Listed Items under Agreement  Phone: 334.774.2335  Email: amunn@daleso.com  Number of Steps: 0  Elevator: No  Loading Dock: No  THIS RETURN SCHEDULE ISE ENTERED INTO PURSUANT TO. ANDI INCORPORATES, ALL OF THE TERMS OF, THE MASTER SALES AND SERVICES AGREEMENT REFERENCED AS THE AGREEMENT #A ABOVE AND1 THE APPLICABLE RDERS)CAGREEMENT. BY) YOURS SIGNATURE BELOW, YOUAGREE TO TERMS AS SPECIFIED ABOVE, SUBJECT TOT THE TERMS AND CONDITIONS OF1 THE AGREEMENT. CUSTOMERI REPRESENTS THAT EXECUTION OF THIS SCHEDULE HASE BEEN DULYA AUTHORIZED. YOUR REPRESENT THATY YOUA ARE AUTHORIZED TO EXECUTE THIS SCHEDULE ON CUSTOMER'S BEHALF. STANDARD TERMSA AND CONDITIONS! INCORPORATED! HEREIN ARE AVAILABLE AT ESSCBACANONCOMCUSTOMEPOCMEATE. ANDS SHALLA APPLYTO THE EXTENTI NOT MODIFIEDE BY THE AGREEMENT. YOU ACKNOWLEDGE RECEIPT OFA ACOPY OF THIS RETURN SCHEDULE.  Customer's/ Authorized Signature Se Wfe Printed Name Skupl  Title LHAa  Date 057422  SLS-900 March: 2020    Exhibit3  Master Sales & Services Agreement Customer Information Face Page  Canon Canon Solutions America, Inc. ("CSA") One Canon Park, Melville, NY1 11747 (800)613-2228 Customer ("you"): Company: DALE COUNTY, ALABAMA City: OZARK State: AL Contact: Angelia Munn Email: amunn@daleso.com  # MA26652  Salesperson:, Charles V. Ezzell Jr.  Order Date:, 5/24/2022  Address: 113 W REYNOLDS STI DALE CO SHERIFFS OFFICE  County: DALE Phone #: 334.774.2335 Fax#:  Zip: 36360-1438  Applicable Terms and Conditions TERMS AND CONDITIONS ARE AVAILABLE AT: ESS.CSA.CANON.COMICUSTOMERDOCUMENTS The CSA customer terms and conditions located at the Terms include general terms, and terms for product and service purchase, maintenance, support and leasing (pursuant to the terms of Rider G); managed print services; and quotes. The Terms applicable to each of comply with those applicable to each Order Schedule.  Customer Organizational Information  Federal Tax ID Number:,  above website ("Terms") form part of this Agreement. The Organization type: State or Local Govemment  yourtransactions willl be referenced int the Order Schedule. Address for Notices: By your initials herein and signature below, you Attn: Angelial Munn understand and acknowledge such Terms and agree to Address: 113 WI Reynolds St  Address 2: City: Ozark Email: amunn@daleso.com  State: AL Zip:: 36330  Customer Initials  BY YOUR SIGNATURE BELOW, YOU AGREE TO LEASE, PURSUANT TO THE TERMS OF RIDER G, OR PURCHASE, AS SPECIFIED IN THIS AGREEMENT, THE ITEMS LISTED IN ANY SCHEDULE, RIDER OR ADDENDA (AS APPROVED BY CSA) TO THIS AGREEMENT. YOu ACKNOWLEDGE RECEIPT OF ACOPY OF THIS AGREEMENT, AND AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS FACE PAGE, APPLICABLE SCHEDULE(S), RIDER(S) AND SUCH ADDENDA, THE QUOTE, AND1 THE APPLICABLE TERMS AND CONDITIONS IDENTIFIED. ABOVE, ALL OF WHICHI IS INCORPORATED HEREIN ANDI MADE  PART OF THIS AGREEMENT. Customer's Authorized Signature Skene  Printedi Name SLS-600F FACEN March: 2020  Slepliy Title_  Date 0524-2      Exhibit4 4  May 20, 2022 Dale County Commission 202 Alabama Hwy. 123 Ozark, AL 36360 To whom it may concern:  CITYOFOZARK,  Ozark EMS was not aware that financial assistance from the Dale County Commission was available to this provider. Earlier this week, was advised that funds were indeed available to all EMS providers in this county. Having this information, lam now submitting this letter to the Dale County Commission asking for financial assistance for Ozark EMS. As is the case for all EMS providers, Ozark EMS has suffered financially over the last year and al half. Both the COVID pandemic and the current state oft the economy have had negative effects on thei financial status of Ozark EMS. Ini its efforts to continue serving the citizens, visitors and the surrounding communities in their times ofr need, Ozark EMSI has  FIRE  DEPARTMENT  lost income in seven of the last twelve month period. The majority of the financial losses were due to:  1001 Mixon School Road Post Office Box 1987 Ozark, Alabama 36361 Telephone: 334-774-1684 FAX: 334-774-0369  1. Added inventory and higher cost of equipment and supplies required for COVID 2. Receiving lower reimbursement rates from patients insured by Medicaid and/or 3. Operating with a reduced personnel roster (due to loss of personnel and the lack ofa available qualified replacements) whichi in turn causes more overtime expenditures in an effort to continually staff (2) full time ambulances 4. Higher fuel andi maintenance costs to ensure our ambulances available and road Daily operations expenses are not onlyi increasing, they are forever recurring. In order for the citizens of Dale County to continue receiving exemplary services not only from Ozark EMS, buti from all EMS providers throughout the county, financial assistance is of the In an effort to ensure that Ozark EMSi is financially able to continue providing the services that are expected ofit, we are asking that the Dale County Commission allocate $25,000.00 off financial assistance to this service. The funding would be used tol help ease the financial burden brought on by the daily operational needs of Ozark EMS. Thank youf for your consideration of this request, and ify you should ever need the services  and non-COVID Medicare  responses  FIRE CHIEF Philip C. Prince OPERATIONSCHIEF Jason Maertens  worthy  utmost importance.  Aary frs all suisens  of Ozark EMS, please don'thesitate asking. Bps Philip C. Prince Fire Chief  Thank    Exhibit. 5  CONTRACT  (METAL LEAN-TO AND CONCRETE. APRON ADDITION)  THIS AGREEMENT made and entered into this 17 day of MAY Two Thousand Twenty-two, by and between the Dale County Commission, party of the first part (hereinafter called the Owner) and Covington Contracting, Inc. of 400 Christy Lane, Andalusia, AL 36420, party of the second part (hereinafter called the  (Day)  (Month)  Contractor).  WITNESSETH:  WHEREAS, the Owner desires to construct: the addition of a full-length lean-to and add a 4" concrete slab to the existing pistol range building, and the Contractor desires to furnish and deliver all the material and to do and perform all the work and  labor for construction of the lean-to and concrete slab (see below);  Addition of a full length (120') by 8 wide metal lean-to attached to existing building at or near the 12' eave on a 2:12 pitch, then adding a 4" concrete slab, extending 6' from existing building slab, full length connecting the two existing concrete aprons with mesh  and a turndown. Lean-to should include: 8" 16 gauge perlins 26 gauge galvalumeroof Standard trim package Anchor Bolts and anchor bolt setting Remove existing gutter and replace on lean-to  (6) Lean-to frames w/3" square tubingi in concrete  NOW, THEREFORE, in consideration of the premises, the mutual covenants 1. The Contractor promises and agrees to furnish and deliver all the material and to do and perform all the work and labor required to be furnished and delivered, done and performed in and about the construction of the Project  herein contained the parties hereto agree as follows:  specified above.  1    Exhibit5 5  2. The Owner agrees and promises to pay to the Contractor for said work, when completed in accordance with the Provisions of this Contract, the price as set forth in the said Proposal, amounting approximately to THIRTY-TWO THOUSAND FIVE HUNDRED and 0/100 dollars ($32,500.00). Payments will be made on the First of each month based on a percent complete agreed upon by 3. The said work shall be done in accordance with the laws of the State of Alabama under the direct supervision, and to the entire satisfaction of the Owner subject at all times to the inspection and approval of the Chairman of 4. The decision of the Owner upon any question connected with the execution of this Agreement or any failure or delay in the performance of the Work by the said Contractor shall be final and conclusive. In the event of the failure of Contractor to perform under this contract in a satisfactory manner, the contract may be cancelled by Owner in its discretion as long as all outstanding invoices for acceptable work performed by Contractor shall have 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, and a final release releasing the Owner from any further liability with respect to this Contract or the Project, final payment on account of this Contract shall be made within thirty (30) days after the completion by the Contractor of all work covered by this Contract and the acceptance of such 6. The Contractor hereby agrees to commence work under this Contract within 30 days of signing this contract and to complete the project fully within Sixty (60) working days thereafter. If all work is not completed upon the 60th day, the Contractor must pay liquidated damages to the Dale County  representatives of both parties.  the Dale County Commission, or his designee or agents.  been paid in full.  work by the Owner.  Commission in the amount of $500 per calendar day.  2    Exhibit5 5  IN WITNESS WHEREOF, THE DALE COUNTY COMMISSION has caused these  presents to be executed by its CHAIRMAN and COMINGTON (ONTRACTINGING.  (Name of Contractor)  the Contractor, has hereto set his  hand and seal this the day and year above written.  ATTEST:  DALE COUNTY COMMISSION,  Brshar WEn  Dale  as Chairman  y  NAME OF CONTRACTOR:  COVINGTON CONTEACTING TNC. (Individual, Partnership, Corporation, or Joint Venture)  ALABAMA CONTRACTORS LICENSE NUMBER:  56528  By: mC  (X) REH  KAIHLEEN TYLER CAEFEY  (Print Name) PREIPENT Title  PC.FRy pmpugr  By: (X).  (X).  Contractor's Signature (Print Name). Title  Witness (Print Name) Title  3    Exhibit 6  BULL & SIMECHAK ATTORNEYS AT LAW, LLC P.O. Box 1161 285 S1 Union Ave Ozark, AL36360 Phone: 334-774-1124 Fax: 334-774-1134  J. NICHOLAS BULL Attorney jnbull@gmail.com  MATTHEW T. SIMECHAK msimechakegmailcom  Attorney  Thursday, May 19, 2022  Mr. Chairman,  There is an agenda item on the May 24th, 2022 meeting of the Commission regarding going into executive session. Irecommend that the Commission, during said meeting, move into executive session for the purpose of discussing a matter that is imminently likely to be litigated. The executive session is necessary at this time, because the discussions, if held in public, would disclose information protected by the Alabama Trade Secrets Act, as authorized under Ala. Code 36-25A-7a)(3) which protects discussions with the Commission's attorneys when discussing : with legal counsel the legal ramifications of and legal options for pending litigation, controversies not yet litigated, but imminently likely to be litigated, or imminently likely to be litigated if the government body pursues a proposed course of action" which is what will be  discussed during this Executive Session.  Further, Mr. Chairman, due to the necessity to discuss how this legal matter may effect county finances and budgetary concerns, it is recommended that the County Administrator be present for  this Executive Session.  Sincerely,  Matthew T. Simechak County. Attorney Dale County