CORA  MIS  Dale County Commission  Commission Meeting Minutes = June 28, 2022  The Dale County Commission convened in a regular session Tuesday, June 28, 2022. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham; District Three Commissioner Charles W. Gary; and District Four Commissioner Frankie Wilson. Chairman McKinnon called the meeting to order at 10:00am. Commissioner Wilson opened  with the Pledge. of Allegiance. Commissioner Carroll followed with prayer.  APPROVED - AGENDA  Commissioner Carroll made a motion to approve the agenda with the following changes:  Add: 1)Additional personnel items. 2) Opening bid, Road & Bridge. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - MEMORANDUM OF WARRANTS  Commissioner Grantham made a motion to approve the following Memorandum of Warrants:  Accounts Payable Check Numbers 93387 -93601. Payroll Check Numbers: 154822-1 154822.. Direct Deposit Check Numbers: 421221-421504.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - June 28, 2022  Page:2of3  APPROVED - JUNE 14, 2022 MINUTES  Commissioner Gary made a motion to approve the Minutes of the Commission Meeting  on June 14, 2022.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL  Commissioner Gary made a motion to approve the following: Jail - New Hire - Daniel J. Ayres - Corrections officer Revenue - Promotion = Stephanie Gardner- - Property Supervisor Revenue - Transfer (from maintenance to Revenue) - Tisha Eyl - Revenue Clerk Sheriff Dept. = Promotion Tyler Johnson - Investigator Jail - Natya Dinish Promotion (part-time toi full-time) = Corrections Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED = UPGRADE COUNTY'S TELEPHONE SYSTEM  Commissioner Carroll made a motion to approve an agreement with Blue Plains Technology,  LLC to upgrade the County's telephone system. See Exhibit 1. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - ACCA LEGISLATIVE COMMITTEE  Commissioner Wilson made a motion to approve the appointment of Steve McKinnon to Commissioner Grantham seconded the motion, all voted aye. Motion carried.  serve on the 2022-2023 ACCA Legislative Committee.  APPROVED - ARPA FUNDS EXPENDITURE - ROAD & BRDIGE  Commissioner Grantham made a motion to approve a resolution for the expenditure of ARPA funds for the expenditure for 2022 Caterpillar 299D3 Compact Track Loader, Asset #2490,  for Road & Bridge department. See Exhibit2 2.  Commissioner Carroll seconded the motion, all voted aye. Motion carried    Dale County Commission  Commission Meeting Minutes - June 28, 2022  Page 3of3  APPROVED = ARPA EXPENDITURE - EMS TRANSPORT  Commissioner Wilson made a motion to approve a resolution for ARPA expenditure for EMS Commissioner Carroll seconded the motion. Commissioners Carroll, Wilson, and Gary voted  Transport Services. See Exhibit 3.  aye. Commission Grantham voted nay. Motion carried.  APPROVED - IAC REVIEW - ARPA FUNDS EXPENDITURE  Commissioner Gary made a motion to approve for IAC to review ARPA funds expenditure for  sewer service for the Alabama National Guard Armory. See Exhibit 4. Commissioner Carroll seconded the motion, all voted aye. Motion carried.  TABLED - BID CORD20 - ROAD & BRIDGE  Commissioner Wilson made a motion to table the awarding of the bid for road work on Co.  Rd. 20.  Commissioner Gary seconded the motion, all voted aye. Motion carried.  ANNOUNCEMENT - NEXT REGULAR MEETING  Chairman McKinnon announced that the next regular meeting of the Dale County  Commission will be Tuesday, July 12, 2022 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Gary made a motion to adjourn the meeting. Commissioner Wilson seconded  the motion. All voted aye. Motion carried.  Iti 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.  sh Ahan  Steve McKinnon, Chairman    Exhibit 1  Blue Plains Technology, LLC  Master Services Agreement- Internet Access Contract  This master services agreement (the "Master agreement") is to be effective by and between Blue Plains Technology, LLC, with principal offices at 3300 Lancelot Court, Pike Road, AL 36064 and Dale County Commission ("Customer"), with principal offiçes at 202 Highway 123, Ozark, AL 36360. This Master Agreement Both parties desire to enter into this Master Agreement in order to set forth the general terms under which Blue Plains Technology, LLC is to provide the Customer with al hosted' VOIP and Internet service. The Hosted' VOIP and Internet service is set forth in a quote executed by both parties (each quote/proposal" or collectively the quotes/proposals), which shall bei incorporated in this Master Agreement upon execution. This Master Agreement and each Work Order hereunder will only be effective after both parties, who have full power, authority and legal right to enter into and perform fully obligations under this Agreement; have signed each such respective document. Both Blue Plains Technology, LLC and the Customer each waive their right of subrogation against each other. The terms of this Master Agreement shall apply to each Work Order unless otherwise  ise entered into as of  Tlenk 28 2022.  specified in such' Work Order. The parties hereby agree to thet following: 1. Services.  During the service period, Blue Plains Technology, LLC shall provide the service(s) to Customer at the site(s) identified in each' Work Order/Quote (the "Service" or "Services"). In addition to complying with the terms oft this Master Agreement, Blue Plains Technology, LLC agrees to provide Services in accordance  with all performance criteria and standards set forth below: a. Contract will be awarded for a 36 month period.  b. Renewals can be executed at the Customers discretion provided:  Request to exercise renewal option is puti in writing by the customer. (renewals may not exceed 3 years or the term of the original contract, whichever is longer) ii. Terms and conditions as set forth int thei initial contract and any written amendments iii. Renewal does noti include any compensation for costs associated with the renewal. iv. Renewal is contingent upon satisfactory performance evaluations by the customer.  signed by both parties remain the same.  C. Service and Monthly Price =  Monthly Qty Recurring Recurring Charge  Non- Charge  Service Internet VOIP  Service Description  Location  Fiber+ Internet, 500M, Building Extension Fiber+ Internet, 50M, Building Extension Seat" Type:S Standard WX-450, Includes 5 Spares Seat Type: Analog, Adtran 908, Auto Attendant(s), Hunt Group(s), Basic White Page Listing Subtotal Fiber+ Internet, 500M, Building Extension Fiber+ Internet, 50M, Building Extension Seat Type: Standard Polycom WX450  202 S Hwy 123 1 $ 325.18 $ 202 SI Hwy 123 1 $ 168.98 $  20 $ 482.80 $ 24 $ 320.35 $ 1 $ 60.99 $ $ 1,033.12  Internet VOIP  100 E Court Sq 1 $ 325.18 $ 100E E Court Sq 1 $ 168.98 $  82 $ 1,979.48 $ 74 $ 987.75 $  CONFIDENTIAL  1    Exhibitl  Seat Type: (4) Analog, Adtran 908, (7) Auto Attendant(s), (1) Hunt Group(s), (8) Basic White  Pagel Listing Call Recording Subtotal Fiber+ Internet, 50M, Building Extension Seat" Type: Standard VVX450 Seat" Type: Analog, Adtran 908, Hunt Group, White Pagel Listing, Call Recording Adtran 1531P and Power Supply WX-X50 Subtotal Fiber+ Internet, 50M, Building Extension Seat Type: Standard WX450 Page! Listing Call Recording Subtotal Pure Business Internet 3Mbps DSL Seat" Type: Standard and (3)WVX450  1 $ 222.23 $ 1 $ 18.39 $ 3,376.83 10 $ 241.40 $ 9 $ 120.13 $ 1 $ 72.35 $ 1 $ 121.77 $ $ 724.63 22 $ 555.22 $ 22 $ 293.66 $ 1 $ 72.14 $ 1 $ 18.39 $ $ 1,108.38 1 $ 127.73 $ 3 $ 112.46 $ $ 240.19 $ 7,133.51 $  VOIPa and Internet  124 ADAMS ST 1 $ 168.98 $  VOIPa and Internet  119) WI Reynolds St 1 $ 168.98 $  Seat Type: Analog, Adtran 908, Hunt Group, White  VOIP and Internet  1725CR30  Subtotal TOTAL  2. Standard Payment Terms.  a. Payment of the Service Fee shall be made within thirty (30) days of the date of anyi invoice therefore. Customer shall begin receiving invoices for the Service upon and from the Start Date b. Customer will ber responsible for all expenses (including reasonable attorney's fees)i incurred by Blue Plains Technology, LLC will provide Customer with contact information the Customer may use/call tor report problems. During Business Hours, Blue Plains Technology shall provide at telephone response to such problem calls within two (2)! hours, and, if necessary, exercise commercially reasonable efforts to provide a physical response within four (4) hours of receiving Customer's call reporting the problem. During non-business hours, Blue Plains Technology, LLC shall provide at telephonic response to such calls within twenty-four (24) hours, and, ifr necessary, exercise commercially reasonable efforts to provide a physical response within eight (8) hours of receiving Customer's call reporting the problem. Customer shall bei in default under this Master Agreement in the event that the Customer does one (1) or more of thet following (each individually to be considered a separate event of default) and fails to correct such non-compliance within twenty (20) days of receipt of written notice in cases involving non-payment or within thirty (30) days of receipt of written notice in cases involving any other non-compliance: a. Customer is more than thirty (30) days past due with respect to any payment required  of the Service.  Blue Plains Technology, LLC in collecting past due amounts.  3. Trouble Reports.  4. Suspension of Service; Termination; Breach.  hereunder;  CONFIDENTIAL  2    Exhibitl  b. Customer otherwise has failed to comply with the terms of this Master Agreement or any' Work Int the event Customer is in default hereunder, Blue Plains Technology, LLC shall have the right, at its option, andi in addition to any other remedies it may have, to (1) immediately suspend services to the Customer until such time as the underlying noncompliance has been corrected (without affecting Customer's on-going obligation to pay Blue Plains Technology, LLC the Service Fee as if such suspension of Service had not taken place); (II) terminate the applicable Work Order(s); or (II) after the occurrence of two (2) such events of Customer default in any twelve (12) month period of time, terminate Blue Plains Technology, LLC: shall be in default under this Agreement if Blue Plains Technology, LLC fails to comply with the terms of this Agreement and/or any or all of the applicable Work Order(s), and Blue Plains Technology, LLC fails to remedy each such noncompliance or occurrence within 30 days of receipt of written notice from the Customer describing in reasonable detail the nature, scope and extent Customer shall have the right, at its option and in additions to any other remedies it may have, to terminate any applicable Work Order(s), ift the underlying event of default and/or noncompliance by Blue Plains Technology, LLC is limited to Services provided under the applicable Work Order(s) or this Agreement, if such noncompliance is not so limited, provided that Blue Plains Technology, LLC diligent efforts to correct such breach are not commenced and pursued within 30 days after Blue Plains Technology, LLC receipt of a written notice from the Customer describing in reasonable detail the 6. Blue Plains Technology, LLCI hereby agrees to indemnify, hold harmless, and defend the Customer, its elected and appointed officials, employees, agents, and legal representatives against any claims, demands, causes of action, lawsuits, liabilities, costs, and expenditures, of any kind, directly ori indirectly caused by, resulting from, arising out of, or occurring in connection with the terms, conditions, and performance oft this Agreement, excepting onlys such claims, demands, causes, of action, lawsuits, liabilities, and costs solely attributable to the gross negligence or willful misconduct of the Customer or its employees and agents. If any Litigation shall arise between Blue Plains Technology, LLC and the Any notices to be given under this Master Agreement shall be validly given or served only ifi in writing and sent by nationally recognized overnight delivery service or certified mail (return receipt requested),  Order hereto:  this Master Agreement and/or any or all the applicable Work Orders.  5. Default by Blue Plains Technology, LLC  of the default or noncompliance.  nature, scope and extent of the event of delautnoncomplance.  Customer it shall take place in Montgomery County, AL.  7. Notices.  tot the following addresses:  Ifto Blue Plains Technology: Blue Plains Technology, LLC  3300 Lancelot Court Pike Road, AL: 36064 Attn: Steven Meany  Ifto Customer:  Each party may change its respective address(es) forl legal notice hereunder by providing the other with notice in  accordance herewith.  CONFIDENTIAL  3    Exhibit 1  NOW THEREFORE, Blue Plains Technology, LLC and Customer agree to the terms and conditions included within this Master Agreement and hereby execute this Master Agreement by their duly authorized  representatives. Blue Plains Technology, LLC By: Name: Steven C. Meany Title: President Date:  CUSTOMER  By: Sw 5 Name: Shymtnw  Title: Date:  Lhairmae 06-28-2022  CONFIDENTIAL  4    Exhibit1  Attachment 1 SERVICE LEVEL AGREEMENT BY AND BETWEEN BLUE PLAINS TECHNOLOGY, LLC AND DALE COUNTY COMMISSION, (This Attachment 1 applies only to Managed Services.)  DATED  Ienk28 2022  Blue Plains Technology, LLC operates and maintains an Operations Center. Toreport a suspected problem with  your Service(s) call (850)279-5156.  1. Trouble Reporting Process. Provide the following information when calling NOC:  a. Company name Your name Your phone number d. Email Address Nature of observed trouble g. Iss Service(s) released fort testing? h. Time of trouble onset  Customer trouble ticket number (if applicable) Company Contact name and number  Once our NOC representative has received all of this information, a Customer Trouble Ticket will be assigned and investigation ofy your report will begin.. After the status ofy your report has been determined, Ifnecessary, Blue Plains Technology shall endeavor to have a maintenance employee at the Service Location requiring unscheduled maintenance work, within four (4) hours after the time Blue Plains Technology becomes aware of an event requiring such unscheduled maintenance, unless delayed by circumstançes beyond the reasonable control of Blue Plains Technology. In the event that any maintenance hereunder requires a truck roll or reconfiguration involving cable, fiber, electronic equipment, or regeneration or other facilities of the Customer, then Customer shall, at Blue Plains Technology's reasonable request, make such personnel of Customer available as may be necessary in order to accomplish such maintenance. Such Customer personnel: shall coordinate and cooperate with Blue Plains Technology in performing such maintenance as required of Blue Plains Technology hereunder. In event iti is determined that any trouble resulting in at truck roll was necessitated/caused by Customer or its agents or contractors, Blue Plains Technology shall have the right to charge and Customer shall pay Blue Plains Technology's then current rates for such truck roll and associated work. 2. Operations Center Escalation List. The purpose of escalations is to ensure that adequate resources are mobilized quickly and tracked appropriately and that the underlying Service issue is resolved in the. shortest possible time. To that end, the Blue Plains Technology Operations Center provides an escalation list to our customers and service partners for the purpose ofe escalations within the Blue Plains Technology Operations Center. Customer shall utilize the Blue Plains Technology Operations Center Escalation List, as updated from time to time, to report and seek immediate initial redress for Service exceptions observedlexpenence.s. The current Blue Plains Technology Operations Center Escalation BLUE PLAINS TECHNOLOGY, LLC OPERATIONS CENTER ESCALATION LIST Escalation Blue Plains Technology Operation Center: (833) 458-9510 Contact Numbers  the NOC will contact your designated contact individual to discuss the findings.  List is on the following page.  Table 1. Level 1stLevel 2nd Level  Name/Title/Email  Blue Plains Technology Operation Center  (833) 458-9510  Blue Plains Technology Operation Center Lead Engineer (334) 219-5482  CONFIDENTIAL  5    Exhibit 1  3. Service Level Guarantee and Credits: Blue Plains Technology willi issue credit allowances for service outages as setf forth below upon Customer" written request, which will appear on the next invoice following processing. A service outage begins when customer reports the outage to the appropriate Blue Plains Technology number (s) to open at trouble ticket or responds to an outage notification from Blue Plains Technology. The service outage ends when the affected circuit is fully operational upon confirmation by the end user or successful testing by Blue Plains Technology. No credits willl be given for outages that are (a) caused by customer or an end user; (b) due to failure of power or equipment provided by customers or 3rd parties; (c) during any period in which Blue Plains Technology is not given access to the service premises; (d) part ofa a planned outage for maintenance; or (e) due to at force majeure event. Services provisioned entirely on Blue Plains' Technology Network will be credited at 1/1440 of ther monthly recurring charges per 30 minute outage upt to and including a 24-hour period, ori if an outage is greater than 24 hours, at 1/144 of the monthly recurring charges per 3h hour outage. If3or more trouble tickets have been opened for a particular service in a 30-day period for Service Interruptions totaling an aggregate of 61 hours of Service Interruption in that 30 day period, and the cause ofc outage is determined to be in Blue Plains Network's Network or System Equipment and is not due toa Force Majeure Event, such Service will be deemed a Chronic Trouble Service. Customer may disconnect the Chronic Trouble Service without incurring a Termination Liability.  Performance Parameters Packet Delivery In-Sequence Delivery Latency Jitter Frame Loss Rate Network Service Availability  Objectives Technology edge Technology edge Technology edge Technology edge 99.99% 99.99%  99.99% from customer edge to Blue Plains 99.99% from customer edge to Blue Plains 10 ms one-way customer edge to Blue Plains 5ms one-way customer edge to Blue Plains  4. Service Level Agreements: Blue Plains Technology shall perform in accordance with thet following SLA: a. Blue Plains Technology Edge: Blue Plains Technology edge is thet first routed hop! beyond Blue Plains Technology owned routing hardware. This is the point at which itl leaves the Blue Plains Technology network ande enters the upstream providers' network. At this point Blue Plains Technology does not have control over the IP packet and cannot insure thei integrity of the b. Port Availability: Port availability for Internet Service is 99.99%. Port availability is a measurement of the total time that Internet Service is operative when measured over a thirty Packet Delivery Ratio: Blue Plains Technology Packet Delivery Ratio ("PDR") for the Internet service 99.99%. The PDR is the measurement of the percentage of IP packets delivered between any Blue Plains Technology core IP/MPLS router and any other Blue Plains Technology IP/MPLS router on the Blue Plains Technology network average over at thirty (30) day month (720 hours) period. Ifo customer's bandwidth is saturated, packet delivery cannot be d. Packet Transfer Delay: Blue Plains Technology Packet Transfer Delay ("PTD") for the Internet Service is twenty-five (25) milliseconds. The PTD is the measurement of the average round trip time over at thirty (30) day month (720 hour) period, required for a packet tot travel between any Blue Plains Technology Core IP/MPLS router and any other Blue Plains Technology IP/MPLS router on the Blue Plains Technology network. Once a packet leaves the Blue Plains Technology network, deemed as the first routed hop beyond Blue Plains Technology network, no packet  network.  (30) day month (720 hour) period.  guaranteed.  CONFIDENTIAL  6    Exhibit 1  delivery can be guaranteed.  e. Quality of Service (QOS): Blue Plains Technology cannot insure that any Quality of Service (QoS) marking will be honored beyond thet first routed hop past Blue Plains Technology network Speed Test Sites: Blue Plains Technology does not support any Internet speed test site results. a. Preventative Maintenance" refers to upgrades, and or routine maintenance or necessary alteration/repair of hardware or software or upgrades to increase capacity. Preventative Maintenance may temporarily degrade the quality of the service, including possible outages. Preventative Maintenance shall be undertaken only between the hours of 00:00:01 and 06:00:00 Local Time. Blue Plains" Technology shall endeavor to provide at least three (3) days prior notice b. Emergency Maintenance (Unscheduled Maintenance or Repair). Emergency Maintenance" shall mean repair work not reasonably anticipated but which requires immediate action to restore network connectivity, use or efforts to correct network conditions that are likely to cause a material service outage, or address any issue reasonably observed as a threat to Blue Plains Technology resources (person, equipment or facility). Work to address an Emergency Maintenance situation may degrade the quality of or cause outages in the services. Blue Plains Technology may undertake Emergency Maintenance at any time deemed necessary but shall make commercially reasonable efforts to perform such maintenance within the hours identified for Preventative Maintenance if possible. Blue Plains Technology shall provide notice of Emergency Maintenance to Customer as soon as is commercially practicable under the circumstances, and when reasonably possible, in advance. Whenever prior notice is given, Customer agrees to acknowledge notice of the emergency event in a reasonable period oft time and will take necessary steps to notify key personnel internally in order for Blue Plains Demand Maintenance. "Demand Maintenance" is work necessary to restore service to one or more end-users of Blue Plains Technology and/or maintenance work required when a deficiency is found when performing Preventative Maintenance work. Bluel Plains Technology may undertake Demand Maintenance immediately. Blue Plains Technology shall provide notice of Demand Maintenance to Customer as soon as is commercially practicable under the d. Notification. Blue Plains Technology shall provide Customer with notice of Preventative Maintenance or as soon as possible in the case of Emergency or Demand Maintenance to the  edge.  Results other speed test site will not be considered at any time.  5. Preventative. Emergencyand Demand Maintenance.  tot the other Party of Preventative Maintenance.  Technology to correct or repair the affected area.  circumstances.  following by means ofe electronic mail notification and telephone:  Customer: Name:  E-Mail: Phone:  Customer shall notify Blue Plains Technology of any failure, interruption or impairment of the Service, or any eventi imminently likelyt to cause the failure, interruption or impairment in the Additionally. Customer shall notify Blue Plains Technology in advance any time Customer has knowledge that another person or entity is anticipated to engage in construction activities or  operation of Service for which iti is aware. otherwise dig within five (5) feet oft the Cable. Blue Plains Technology  CONFIDENTIAL  7    Exhibit 1  Email: upper@bepansiclcen Phone: (833) 458-9510  Customer shall have the right to be present, at its sole cost and expense, during the performance of any Maintenance so long as this requirement does noti interfere with Blue Plains Technology's ability top perform its obligations under this Agreement. In the event that Maintenance is canceled or delayed for whatever reason as previously notified, Blue Plains Technology shall notify Customer at Blue Plains Technology's earliest opportunity and will comply with the provisions of the previous sentence to reschedule any delayed activity.  CONFIDENTIAL  8    Exhibitl  MSA Work Order #1 Attachment: A Dale County Commission  Monthly Qty Recurring Charge  Non- Recurring Charge  Service Internet VOIP  Service Description Fiber+ Internet, 500M, Building Extension Fiber+ Internet, 50M, Building Extension Seat Type: Standard VVX-450, Includes 5 Spares Seat Type: Analog, Adtran 908, Auto Attendant(s), Hunt Group(s), Basic White Page Listing Subtotal Fiber+ Internet, 500M, Building Extension Fiber+ Internet, 50M, Building Extension Seat Type: Standard Polycom WX450 Seat Type: (4) Analog, Adtran 908, (7) Auto Attendant(s), (1) Hunt Group(s), (8) Basic White Page Listing Call Recording Subtotal Fiber+ Internet, 50M, Building Extension Seat Type: Standard WX450 Seat Type: Analog, Adtran 908, Hunt Group, White Page Listing, Call Recording Adtran 1531P and Power Supply VVX-X50 Subtotal Fiber+ Internet, 50M, Building Extension Seat Type: Standard WX450 Seat Type: Analog, Adtran 908, Hunt Group, White Page Listing Call Recording Subtotal Pure Business Internet 3Mbps DSL Seat Type: Standard and (3)WVX450 Subtotal TOTAL  Location  202 SH Hwy 123 1 $ 325.18 $ 202 SHwy 123 1 $ 168.98 $  20 $ 482.80 $ 24 $ 320.35 $ 1 $ 60.99 $ $ 1,033.12 82 $ 1,979.48 $ 74 $ 987.75 $ 1 $ 222.23 $ 1 $ 18.39 $ $ 3,376.83 10 $ 241.40 $ 9 $ 120.13 $ 1 $ 72.35 $ 1 $ 121.77 $ $ 724.63 1 $ 168.98 $ 22 $ 555.22 $ 22 $ 293.66 $ 1 $ 72.14 $ 1 $ 18.39 $ $ 1,108.38 1 $ 127.73 $ 3 $ 112.46 $ $ 240.19 $ 7,133.51 $  Internet VOIP  100E Court Sq 1 $ 325.18 $ 100E E Court Sq 1 $ 168.98 $  VOIP and Internet  124 ADAMS ST 1 $ 168.98 $  VOIP and Internet  119WF Reynolds St  VOIP and Internet  1725CR30  CONFIDENTIAL  10    Exhibitl  BLUE PLAINS TECHNOLOGY AGILE IT TO SERVE YOU  Quote (validi for3 30days) Offer Date: June 15, 2022 Description: Fiber + Internet and Hosted VOIP Opp. Number: 061522-1 Requested By: Dale County Commission Offered By: Blue Plains Technology, LLC., INTERNETAND HOSTED VOIP  Aaron Meeks meany@bupansiech.on (334) 590-4355  202 S Hwy 123 Ozark, AL 36360 Drew Meany  Monthly Qty Recurring Charge  Non- Recurring Charge  Service Internet VOIP  Service Description Fiber+ Internet, 500M, Building Extension Fiber+ Internet, 50M, Building Extension Seat Type: Standard VVX-450, Includes 55 Spares Seat Type: Analog, Adtran 908, Auto Attendant(s), Hunt Group(s), Basic White Page Listing Subtotal Fiber+ Internet, 500M, Building Extension Fiber+ Internet, 50M, Building Extension Seat Type: Standard Polycom WX450 Seat Type: (4) Analog, Adtran 908, (7) Auto Attendant(s), (1) Hunt Group(s), (8) Basic White Page Listing Call Recording Subtotal Fiber+ Internet, 50M, Building Extension Seat Type: : Standard WX450 Seat Type: Analog, Adtran 908, Hunt Group, White Page Listing, Call Recording Adtran 1531P and Power Supply) VVX-X50 Subtotal Fiber+ Internet, 50M, Building Extension Seat Type: Standard WX:450 Seat Type: Analog, Adtran 908, Hunt Group, White Page Listing Call Recording Subtotal  Location  202 SH Hwy 123 1 $ 325.18 $ 202 SH Hwy 123 1 $ 168.98 $  20 $ 482.80 $ 24 $ 320.35 $ 1 $ 60.99 $ $ 1,033.12 82 $ 1,979.48 $ 74 $ 987.75 $ 1 $ 222.23 $ 1 $ 18.39 $ $ 3,376.83 10 $ 241.40 $ 9 $ 120.13 $ 1 $ 72.35 $ 1 $ 121.77 $ $ 724.63 1 $ 168.98 $ 22 $ 555.22 $ 22 $ 293.66 $ 1 $ 72.14 $ 1 $ 18.39 $ $ 1,108.38  Internet VOIP  100E E Courts Sq 1 $ 325.18 $ 100 E Court Sq 1 $ 168.98 $  VOIP and Internet  124ADAMS ST 1 $ 168.98 $  VOIP and Internet  1191 W Reynolds St  This quote is CONFIDENTIAL.  1    Exhibitl  VOIP and Internet  Pure Business Internet 3Mbps DSL Seat Type: Standard and (3)VVX450  1725 CR30  1 $ 127.73 $ 3 $ 112.46 $ $ 240.19 7,133.51 $  Subtotal TOTAL  Terms and Conditions Governing This Order  1. month basis. 2. Technologies Group. 3.  The term of this agreement is 361 months. After 36 months the service will continue on a month to Services included on this quote are provided by Blue Plains Technology, LLC., partner Lumen  Customer understands this service includes E911 services. Customer Initials  4. The package pricing includes rental equipment that Blue Plains Technology will provide while Customer purchases the Services from Blue Plains Technology. Blue Plains Technology may provide No Resale. Customer warrants: 1) Services are: fori its own use and 2) itv will not resell the Services or extend any Services for a fee to others, regardless of whether it qualifies as a reseller under the 6. This confidential Order may not be disclosed to third parties and is non-binding until accepted by Customer places this Order by signing (including electronically or digitally) or otherwise acknowledging (in a manner acceptable to Blue Plains Technology): this document and returning it tol Blue Prior toi installation, Blue Plains Technology may notify Customer in writing (including by e-mail) of price increases due to off-net vendors. Customer has 2 business days following notice to terminate this Unless otherwise agreed by the parties in writing, the demarcation point for on-net services will be Blue Plains Technology's partner CenturyLink Communications, LLC d/bla Lumen Technology Group's (Lumen) Minimum Point of Entry (MPOE) at such location (as determined by! Lumen). Off-net demarcation points will be the off-net vendor's MPOE. If this Order identifies aspects of services that are procured by 10. Notwithstanding: anything in any Agreement to the contrary, Blue Plains will notify Customer of acceptance of requested Service in this Order by delivering (in writing or electronically). the date by which Blue Plains partner, will install Service (the "Customer Commit Date"), by delivering the Service, or by the manner described in a Service Exhibit/Service Schedule. Blue Plains will deliver a written or electronic notice that the Service is installed (a' Connection Notice"), at which time billingy will commence. Ifthe Affiliate Agreement governs and does noti include early termination charges andi ifc Customer cancels or terminates 11. Neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary, or punitive damages arising out oft the performance or failure to perform under this Order. Customer's sole remedies for any nonperformance, outages, failures to deliver or defects 12. Charges for certain Services are subject to (a) a per month property tax surcharge and (b) a per month cost recovery fee to reimburse Blue Plains Technology for various governmental taxes and  equipment from various manufacturers at its discretion. Telecommunications Act of 1996 or under state law.  5.  Blue Plains Technology. 7. Plains Technology. 8. 9.  Order without liability; or otherwise, Customer is deemed to accept the increase.  Customer directly from third parties, Lumen is not liable for suchs services.  Service for any reason, then Customer will pay standard early termination charges.  in Service are contained in the service levels applicable to the affected! Service.  This quote is CONFIDENTIAL.  2    Exhibit 1  surcharges. Such charges are subject to change by Blue Plains Technology and will be applied regardless 13. Unless otherwise set forth in a Service Attachment, Customer will pay expedite charges (added to 14. Payment Terms Pricing detail for the Services is set forth in the Service AgreementQuote. Charges will begin to accrue upon the Customer Acceptance Date. The charges for the Services are categorized as MRCs or NRCS. Blue Plains Technology, LLC. will invoice Customer monthly for MRCs, and Blue Plains Technology will invoice Customer for NRCS as they are incurred. Customer's first invoice may include prorated charges. Promotional pricing and terms, or other pricing commitments contained in the Service Agreement will expire in accordance with the terms applicable to each promotion or commitment, without further notice to Customer. CUSTOMER AGREES TO PAY THE TOTAL AMOUNT OF EACH INVOICE, SO THAT BLUE PLAINS TECHNOLOGY RECEIVES SUCH PAYMENT WITHIN 30 15. To dispute the amount or accuracy of any invoice, Customer must notify Blue Plains Technology in writing no later than the due date of the invoice detailing the disputed charges. Credits will not be issued for any charges that are not disputed in writing by the due date of the first invoice containing the disputed charges. Notwithstanding: any provision to the contraryherein contained, no payment due under the Service Agreement- - whether disputed or undisputed- - is subject to withholding, reduction, set-off or adjustment of 16. The pricing terms set forth in the Service Agreement do not include applicable federal, state and local taxes or regulatory fees, assessments, and surcharges (collectively, "Taxes and Fees"), and these Taxes and Fees are subject to change without notice during the Term oft the Service. Agreement. Customer isr responsible for the payment of all such Taxes and Fees. Customer is also responsible for any charges from third parties that arise when Customer uses Customer's phone number as a billing mechanism for third-party services (such as 900 or other information charges). Should Customer request any third-party services, Customer agrees that Blue Plains Technology may release Customer's name and billing information directly to that third party so thati it can bill Customer directly for those services. 17. Term and Termination - The Service Agreement begins on the Effective Date and will continue in effect for the Service Period specified in the Service Agreement ("Initial Term"), unless earlier terminated ina accordance with the provisions below. At the end of the Initial Term, the Service Agreement will renew automatically for additional periods of one year (each, a "Renewal Term") until either party gives written notice to terminate the Service Agreement not less than 30 days before the end of the Initial Term or any Renewal Term. The Initial Term and any Renewal Term(s) may be referred to collectively as the "Term." 18. Notwithstanding the foregoing and/or any provision to the contrary herein contained, Customer shall pay the applicable charges for Services furnished up to the effective date of such termination in the 19. IfBlue Plains Technology terminates the Service Agreement for cause or Customer terminates the Service Agreement without cause, Customer shall pay early termination charges. f termination is prior to the Customer Acceptance Date but after execution of the Service Agreement, early termination charges shall bet those reasonable expenses incurred by Blue Plains Technology through the date of termination. If termination is after the Customer Acceptance Date, Customer will pay an early termination charge equivalent to the MRCS stated in the Service Agreement multiplied by the number of months remaining in the then-current Term. Blue Plains Technology also reserves the right toi include, in the termination charge amount, thet total dollar value of any promotion or waiver granted to Customer. Should Customer terminate any portion of the Services in the Service Agreement, Blue Plains Technology will assess an early termination charge equivalent tot thel MRCs fort the terminated: Service()muliplied by ther number of months remaining in the then-current Term. Customer acknowledges and agrees that Blue Plains Technology's damages would be difficult to ascertain in the event of early termination, and that the foregoing early  of whether Customer has delivered a valid tax exemption certificate.  the NRC) ifa applicable.  DAYS OF THE INVOICE DATE.  any nature by Customer.  event oft the termination of the Service Agreement for any reason.  termination charges constitute liquidated damages as opposed to a penalty.  This quote is CONFIDENTIAL.  3    Exhibitl  20. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, ALL SERVICES. AND PRODUCTS ARE PROVIDED AS IS." BLUE PLAINS TECHNOLOGY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-NFRINGEMENT: BLUE PLAINS TECHNOLOGY MAKES NO WARRANTIES OR REPRESENTATIONS THAT ANY SERVICE WILL BE FREE FROM LOSS OR LIABILITY ARISING OUT OF HACKING OR SIMILAR MALICIOUS 21. Limitations of Liability. The remedies and limitations of liability for any claims arising between the 22. Consequential Damages. NEITHERPARTY ORITSAFFILIATES, AGENTS, OR CONTRACTORS ISLIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ORI PUNITIVE DAMAGES ORI FOR ANYI LOSTI PROFITS, LOST REVENUES, LOST DATA, LOST BUSINESS OPPORTUNITY,OR COSTS OF COVER. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCHLIABILITY IS ASSERTED AND REGARDLESS OF FORESEEABILITY. 23. Claims Related to Services. For Customer's claims related to Service deficiencies or interruptions, Customer's exclusive remedies are limited to: (a) those remedies set forth in the SLA for the affected Service or (b) the totall MRCs or usage charges paid by Customer for the affected Service in the one month immediately preceding the event giving rise to the claim if an SLA does not exist fort the affected Service. 24. Personal Injury; Death; Property Damages. For claims arising out of personal injury or death to a party's employee, or damage to a party's real or personal property, that are caused by the other party's negligence or willful misconduct in the performance of the Agreement, each party's liability is limited to 25. Other Direct Damages. For all other claims arising out of the Agreement, each party's maximum liability will note exceed int the aggregate thet total MRCs and usage charges paid by Customer tol Blue Plains Technology under the Agreement in the three months immediately preceding the event giving rise to the claim ("Damage Cap").. The Damage Cap will not apply to a party's indemnification obligations or 26. Indemnification. Each party will defend and indemnify the other party, its Affiliates, agents, and contractors against all third party claims for damages, liabilities, or expenses, including reasonable attorneys' fees, arising directly from performance of the Agreement and related to personal injury or death, or damage to personal tangible property that is alleged to have been caused by the negligence or willful misconduct oft the indemnifying party. Customer will also defend and indemnify Blue Plains Technology, its Affiliates, agents, and contractors against all third party claims for damages, liabilities, or expenses, including reasonable attorneys' fees, related to the modification or resale of the Services by Customer or 27. Confidentiality. Neither party will, without the prior written consent oft the other party, use or disclose the Confidential Information of the other party. "Confidential Information" means non-public information of the parties hereto relating to their business activities, financial affairs, technology, marketing or sales plans that is exchanged by the parties in the formation and implementation of the Agreement. Confidential Information includes the terms and pricing of the Agreement. Confidential Information will not include informationy which: (a)i is or becomes publick knowledge through no breach of the Agreement byt ther receiving party, (b) is received by recipient from at third party not under a duty of confidence, or (c) is already known ori is independently developed by the receiving party without use of the Confidential Information. Confidential Information does not include Protected Health Information as defined in 45 C.F.R. S 160.103. Each party will take all reasonable precautions to protect the other party's Confidential Information, using at least the same standard of care as it uses to maintain the confidentiality of its own Confidential Information. Notwithstanding: thet foregoing, aj party may disclose Confidential Information: (a) as expressly permitted by, or required to achieve the purposes of, the Agreement, (b) to any consultants, contractors, and counsel whol have a need to know in connection with the Agreement and have executed a reasonably protective non-disclosure agreement with the disclosing party, or (c) pursuant to legal process; provided that, the disclosing party will, unless legally prohibited, provide the non-disclosing party with reasonable  ACTIVITY, OR ANY ACT OR OMISSION OF THE CUSTOMER.  parties are setf forth below.  proven direct damages.  Customer's payment obligations under the Agreement.  End Users, or any AUP violation.  This quote is CONFIDENTIAL.  4    Exhibit 1  prior written notice sufficient to permit it an opportunity to contest such disclosure. Blue Plains Technology will not be deemed to have accessed, received or be in the possession of Customer Confidential Information solely by virtue of the fact that Customer transmits, receives, accesses or stores such 28. Force Majeure. In the event performance of the Service Agreement, or any obligation. hereunder (excluding payment obligations) is either directly or indirectly prevented, restricted, or interfered with by reason of fire, explosion, flood, earthquake or like acts of God; war; labor difficulties, including without limitation, strikes, boycotts, or unavailability of equipment from vendor; or any other circumstances beyond the reasonable control of the party affected, the party affected, upon giving prompt written notice to the other party, shall bee excused from suchp performance on a day-to-day basis tot the extent of such prevention, restriction, or interference (and the other party shall likewise bee excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided, however, that the party sO affected shall use diligent efforts to avoid or remove such causes of nonperformance, and both 29. Entire Agreement The Service Agreement may only be amended by a written document signed by an authorized representative of Customer and an authorized representative of Blue Plains Technology. The Service Agreement contains the parties' entire agreement and supersedes any prior agreements or 30. Assignment. Neither party may assign the Agreement or any portion hereof without the other party's prior written consent, which consent will not be unreasonably withheld. Notwithstanding: the foregoing, either party may assign the Agreement or a portion thereof: (a) in the event of a merger in which the party isr nott thes surviving entity; (b)int the event of a sale ofa all or substantially: all ofi its assets; or (c) toa any Affiliate of such party; except that Customer may not assign this Agreement or any Service to a reseller or a telecommunications carrier under any circumstances. Subject to the foregoing, the Agreement will be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Any assignee of the Customer must have a financial standing and creditworthiness equal to or better than Customer's, as reasonably determined by Blue Plains Technology, through a generally 31. Transport Services. The parties acknowledge that the Federal Communications Commission's reliability rules mandates the identification and tagging of any circuits or equivalent data paths (Transport Services"): to public safety answering points that are used to transport 9-1-1 calls and information ("9-1-1 Data"). Customer agrees to cooperate with Blue Plains Technology regarding compliance with these rules and will notify Blue Plains Technology of all Transport Services Customer purchases undert this Agreement 32. Governing Law; Forum. This Agreement will be governed by and construed in accordance with the laws of the State of Alabama, without regard to its principles for resolving conflicts of law. Any legal proceeding relating to the Agreement must be broughte exclusivelyinau.s. District Court ori in as state court 33. Waiver of Jury Trial and Class Action. Each party knowingly, voluntarily, and intentionally waives its right to a jury trial and any right to pursue any claim or action relating to the Agreement on a class or 34. Severability. Ifany provision in the Service Agreementi is held to bei illegal, invalid or unenforceable, the provision will be enforced to the maximum extent permissible sO as to affect the intent of the parties, and the remaining provisions of the Service Agreement will remain in full force and effect.  information through its use oft the Services.  parties shall proceed whenever such causes are removed or cease.  understandings, whether written or oral.  accepted, third party credit rating index (i.e. D&B, S&P, etc.).  that are utilized to transport 9-1-1 calls and 9-1-1 Data.  of competent jurisdiction, in Montgomery, Alabama. consolidated basis ori in ar representative capacity.  This quote is CONFIDENTIAL.  5    Exhibit 1  Customer: Dale County Commission Shhe Mf Authorized Signature Name Title Date  Snise Vhins  0628-202  This quote is CONFIDENTIAL.  6    Exhibit 2  RESOLUTION FOR THE EXPENDITURE OF AMERICAN RESCUE PLAN ACT  FUNDS FOR GOVERNMENT SERVICES  WHEREAS, Dale County, Alabama (the "County") has received American Rescue Plan Act fiscal recovery funds ("ARPA funds") and is charged with ensuring that such funds are expended in accordance  with state and federal law; and  WHEREAS, under the Final Rule published by the United States Department of Treasury dated January 6, 2022, the County has the option to designate a standard allowance of up to $10,000,000 ofits ARPA funds, not to exceed the County's total ARPA funds award, as revenue replacement ("Revenue  Replacement funds"); and  WHEREAS, the Final Rule provides that the designation oft this standard allowance is ao one-time, irrevocable election that must be made for the period ofp performance of the ARPA funds award; and  WHEREAS, the County has duly made this election; and  WHEREAS, the County may expend designated Revenue Replacement funds for government WHEREAS, the County has determined that there is a need to provide the following government services toi its citizens and that iti is within the authority of the County to provide these services: construction  services; and  orn maintenance of safe County roads; and  WHEREAS, the County has determined that the procurement oft the following skid steer loader from the following vendor is a necessary, reasonable, and proportionate measure to facilitate the provision  of these government services:  Caterpillar 299D3 Compact Track Loader from Thompson Tractor Co. Inc., for $104,999.00; and WHEREAS, more particularly, the procurement of this skid steer loader will provide needed WHEREAS, the County has identified the vendor from which to procure this skid steer loader in a manner consistent with federal and state laws and guidelines, including compliance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2C.F.R. Part  equipment for the County to properly maintain County roads; and  200).  NOW, THEREFORE, BE ITI RESOLVED BY THE COMMISSION as follows:  1) 2)  The County shall use upt to $104,999.00 of ARPA funds, which are hereby designated as The County Administrator is hereby authorized to expend these funds to purchase this skid  Revenue Replacement funds, to facilitate the provision of the government: services described herein. steer loader as described herein from the designated vendor to facilitate the provision oft these services.    Exhibit 2  3)  The ARPA Program Director is charged with ensuring that Revenue Replacement: funds  allocated and expended to provide these government: services will not be used ins such a way as tot frustrate COVID-19 mitigation guidance issued by the Centers for Disease Control, ort for any other use prohibited by  the Final Rule or any applicable state or federal law.  4)  Expenditure of these funds, as authorized by this Resolution, shall be contingent on the  continued appropriation and availability of ARPA Revenue Replacement funds for this purpose and inn no event shall be used for any expenses not obligated by December 31, 2024, and expended by December  31, 2026.  IN WITNESS WHEREOF, the Dale County Commission has caused this Resolution to be executed  ini its name and on its behalf by its Chairman on the 28th day of June, 2022.  She SK Steve McKinnon Chairman, Dale County Commission    Exhibit3  EMERGENCY MEDICAL SERVICES PROJECT RESOLUTION  WHEREAS, the Dale County Commission (the' Commission'") has approved the expenditure of American Rescue Plan Act revenue replacement funds ("ARPA revenue replacement funds") tot fund a project to enhance emergency response transport services in the unincorporated areas of the county; and WHEREAS, the Commission has determined that iti is reasonable and necessary to make subawards ofi its ARPA revenue replacement funds to entities licensed to provide emergency medical  services within the county to carry out this project on the county's behalf; and  WHEREAS, providing funds to these entities to enhance these services will serve a public purpose by conferring a direct benefit to a significant portion oft the community and iti is within the county'ss statutory  authority to provide these services.  NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION as follows:  The Commission Chairman is hereby authorized to execute subaward agreements consistent with the reimbursement formula previously approved by the Commission with any licensed emergency medical  services provider to carry out this project on behalf of the county.  IN WITNESS WHEREOF, the Dale County Commission has caused this Resolution to be executed  ini its name and on its behalf by its Chairman on the 28hday of June, 2022.  SFve Thfan Steve McKinnon Chairman, Dale County Commission    Exhibit4  The Utilities  BOARDI MEMBBRS Gary R. Tibbets, Chaiman Mike Brauer Derek.. Dickens Stanley Lanyo Clark Gnfinger  Board oft the City of Ozark Pa Olkel Boxl 1125 Ozark, Alabama 36861-1125 (834) 774-986/774-5708 Fax (384)7 774-4226 Joe Sexton, General Manager  OZAA  April19,2022  Steve Mckinnon, Dale County Commission Chairman Ben Baker,Superintendent: Dale CountySchools  Re: Available seweratAlabama National GuardArmory  202 Hwy 231 Ozark,Alabama 36360  Gentlemen,  After some discussion with Mayor Blankenship, The Ozark Utilities Board requested Engineering tos survey and present a cost estimatei to provide sewer service to the above Poly  mentioned: address. Below is the cost estimate. Opinion of Probable Construction Cost Contingency/(1098) Design Fee Construction Engineering Total Estimate Sincerely, E  $262,652.00 $26,265.00 $18,386.00 $29.639.00 $330,942.00 2 145,49.-