CORA  MMI  Dale County Commission  Commission Meeting Minutes - December 13, 2022  The Dale County Commission convened in a regular session Tuesday, December 13, 2022. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham; District Three Commissioner Adam Enfinger; and District Four Commissioner Frankie Wilson. Chairman McKinnon called the meeting to order at 10:00am. Commissioner Carroll opened  with prayer. Commissioner Grantham followed with the Pledge of Allegiance.  APPROVED = AGENDA  Commissioner Grantham made a motion to approve the agenda. 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 94746-95116. Payroll Check Numbers: 154867 - 154882. Direct Deposit Check Numbers: 423012-423414.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - MINUTES  Commissioner Grantham made a motion to approve the Minutes of the Commission Meeting  of November 16, 2022.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - December 13, 2022  Page 2of4  APPROVED - PERSONNEL NEW HIRES  Commissioner Carroll made a motion to approve the following:  Joshua Parker - new hire = deputy sheriff - Sheriff dept.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED -L LODGING TAX ADMINISTRATION AGREEMENT  Commissioner Wilson made a motion to approve the Avenu Lodging Tax Administration  Agreement. See Exhibit 1.  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - JAIL AD VALOREM EXPENDITURE  Commissioner Grantham made a motion to approve an expenditure of $6,000. from Fund  151, Jail Ad' Valorem, for work done at the County Jail. See Exhibit: 2. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - CAPITAL ASSET- SHERIFF DEPT  Commissioner Carroll made a motion to approve the following. See Exhibit 3.  Asset # 335 - Septic tank at training facility - destroyed in June, 2021. Asset # 4097 = John Deere Gator - donated to Town of Ariton,  Commissioner Enfinger seconded the motion, all voted aye. Motion carried.  APPROVED - INMATE HOUSING AGREEMENT - DALEVILLE  Commissioner Grantham made a motion to approve an inmate housing agreement with the  City of Daleville. See Exhibit 4.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - AMENDMENT OF PERSONNEL MANUAL  Commissioner Carroll made a motion to approve the posting of a change to the Personnel  Policies and Procedures Handbook. See Exhibit 5.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes- December 13, 2022  Page3of3  TABLED - MEDICAL CANNABIS RESOLUTION  Commissioner Carroll made a motion to table a resolution for medical cannabis dispensary or Commissioner Wilson seconded the motion, Commissioners Carroll, Enfinger, and Wilson  integrated facility.  voted aye. Commissioner Grantham voted nay. Motion carried.  APPROVED - CANCELLATION OF MEETING FOR 12-27-22  Commissioner Grantham made a motion to approve the cancellation of the Commission  meeting of December 27, 2022.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  REQUEST FROM CITY OF OZARK  Commissioner Enfinger made a motion to approve an expenditure to assist in the demolition  ofa al building owned by the City of Ozark. The motion died for a lack of a second motion.  ANNOUNCEMENT = NEXT REGULAR MEETING  Chairman McKinnon announced that the next regular meeting of the Dale County  Commission will be Tuesday, January 10, 2023 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Grantham made a motion to adjourn the meeting. Commissioner Carroll  seconded the motion. All voted aye. Motion carried.  Itis hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered into the minutes of the Dale County Commission as its official actions.  Scha Y  Steve McKinnon, Chairman    Exhibit 1  AAVENU  Tax Revenue Enhancement Agreement Lodging Tax Revenue Administration  This agreement made by and between Avenu Insights & Analytics, LLC("AVENU") and Dale County, a  government entity in the state of AL ("CLIENT"). A. Remittance Processing Services  Taxes Processed: AVENU will perform remittance processing for lodging taxes as designated by 2. Taxpayer Notification and Remittance: AVENU will send individualized tax forms to all known taxpayers. Taxpayers will remit payments to the following Address: Dale County, P.O. Box 830725, Birmingham, AL 35283-0725. Upon reasonable notice to CLIENT, AVENU may change the Address 3. Deposit Process: Deposits are made to the extent that funds have been received, via Automated Clearing House of the amounts and to the designated recipients as instructed by the CLIENT for each 4. Posting Process: Taxpayer accounts are posted with payment information captured in the AVENU revenue system. Additional information such as net sales, deductions, credit sales, measure of tax, name change, and address change is captured and added to payment data and taxpayer master file (as determined necessary by AVENU). Late payments (postmarked by U.S. Postal Service after due date) are invoiced at penalty amounts required by State code. Under-payments are invoiced for 5. Changes to Exhibit A: CLIENT shall notify AVENU in writing immediately of all changes in amounts tob be deposited into the accounts of designated recipients. An amended Exhibit A shall be prepared and executed by the Parties as soon as reasonably possible. In addition, AVENU shall provide documentation confirming each change under the preceding sentence with the first monthly report reflecting the applicable change. Ifthe changes reflected ini the monthly report do not properly reflect thei intended changes oft the CLIENT, thent the CLIENT: shall immediately notify AVENUand, thereafter, AVENU shall take the steps necessary to insure designated recipients receive the amounts intended  CLIENT.  for payments.  type oft tax collected, as shown in more detail on! Exhibit A.  remaining tax due plus any required penalties.  by CLIENT.  6. Notification, Reporting to CLIENT:  . AVENU will provide CLIENT with monthly reports including, but not limited to, payment listings showing all taxes received related to net receipts reported, a general ledger distribution that corresponds to CLIENT'S account numbers and all fees paid to AVENU. These reports will be I. CLIENT AGREES TO EXAMINE THIS REPORT IMMEDIATELY. IF NO ERROR IS REPORTED BY THE CLIENT TO AVENU WITHIN 60 DAYS, THE STATEMENT WILL BE  provided by the 10th of the month following thet tax month;  DEEMED ACCURATE;  ii. Alli items credited will be subject to receipt of payment; and  iv. AVENU will attend Council meetings at such times as may ber reasonably requested by CLIENT.  AVENU Client Contract 2022    Exhibitl  B. Compliance Services  . Taxes Reviewed: AVENU will perform compliance services for lodging and other taxes designated by CLIENT under Remittance Processing Services. AVENU will provide delinquency notification and follow-up. This includes correspondence, calls, and collection procedures and the related documentation. Delinquency policies and procedures willl be applied consistently and within applicable tax laws. Unless otherwise directed by CLIENT, AVENU will make reasonable efforts to collect taxes designated by CLIENT hereunder. Where deemed reasonably appropriate, accounts may be turned over to audit or third-party collection. IfCLIENT elects to have its attorney pursue collection of certain uncollected: accounts, AVENUwill: assist CLIENT attorney as reasonably requested ati itsr normall hourly 2. Conduct of Compliance Services: To assure that all taxpayers are treated fairly, consistently and all compliance services are performed in a similar manner, AVENU representatives who perform compliance services will use a similar compliance plan for each compliance service conducted. All funds due from compliance services will be remitted to CLIENT in the same manner as provided for  rate as reflected herein.  pursuant to Section A, above.  C. C General Provisions  Information Provided: CLIENT represents thatt thei information provided to AVENU in the performance ofservices hereunder shalll be provided free and clear oft the claims oft third parties. CLIENT represents that it has the right to provide this information to AVENU and that said information shall not be 2. Compliance with laws: Each Party accepts responsibility for its compliance with federal, state, or 3. Taxpayer service: AVENUwill provide at taxpayer assistance number for taxpayer questions. AVENU will provide informational brochures for placement in CLIENT offices, Chamber of Commerce offices, libraries and any other facilities. This information may also be available on the Internet at 4. Review and Appeal Process: AVENU has adopted and will use a review and appeals process which is based on the Alabama Taxpayers' Bill of Rights Acta and Uniform Revenue Procedures Act codified 5. Consideration for Remittance Processing Services, Revenue Analysis Services and Compliance Services: AVENU shall be compensated for the services rendered under this agreement in  defamatory or otherwise expose AVENU to liability toi third parties.  local laws and regulations.  www.avenuinsighis.com  as Title 40, Chapter 2A, Code of Alabama, 1975, as amended. accordance with the schedule off fees seti forthi in Exhibit" "A".  6. Audit Services:  AVENU Audit Services: Audit Services include all preparation fort the performance of an audit of any applicable tax license, or fee levied by your taxing jurisdiction, any research or statistical analysis performed in relation to an audit, in-house auditicollection efforts, examination of the books and records oft the taxpayer, an assessment of the amount due (if any), and all services i. AVENU Reciprocal Agreement: To the fullest extent allowed by law, CLIENT hereby authorizes AVENU to act as a facilitator with the Alabama Department of Revenue and other applicable AVENU Fee: AVENU shall be compensated for audit services rendered under this agreement at the hourly rate set forth in Exhibit' "A". There shall ber no contingency fees.  related to closing an audit.  jurisdictions to share audit findings on its behalf.  AVENU Client Contract 2022    Exhibitl  1. If overnight travel or travel more than 25 miles beyond origination point is required, AVENU will pay the auditor and billt the CLIENT fori its portion oft travel expenses. CLIENT agrees to pay the amount of these fees when due, regardless of any recovery. 2. Billing Increment: Time willl be recorded in 15-minute intervals (.25 hours); 3. Shared Audit Fees: When audits for CLIENT overlap with audits for other AVENU clients orc clients of AVENU Affiliates, the fees will be shared as follows:  a. Travel Time: travel time, expenses, and a daily per diem amount for each audit is distributed evenly among the clients reviewed for each b. Interview Time: time billed during the initial interview of each audit is distributed evenly amongst the clients reviewed for each audit - during this process the auditor determines which clients will actually be audited for and billed Audit" Time as follows;  audit.  Audit Time: Time billed during the actual audit stage of each audit is billed according to actual time spent working for each . No Double Billing: In no event will the overlapping audits combined require payment for more than 100% for any one  client;  AVENU representative.  7. Company Audit: Once ay year AVENUW willl have an independent auditor prepare an SSAE 16, SOC1, Type II Independent Service. Auditor's Report on Controls Placed in Operation and Tests of Operating 8. Effective Date: The effective date for the performance of services under the terms of this agreement shall commence April 1,2023 with collection of April 20231 taxes to be remitted on or before May 20, 9. Term of the Agreement: This Agreement shall be for at term of three (3) years following the Effective Date or the maximum period allowed by law, whichever is shorter. Either party shall have the rightt to terminate this Agreement in the event of a material breach by the other party. Any such termination may be made only by providing ninety (90) days written notice tot the other party, specifically identifying the breach or breaches on which termination is based. Following receipt of such notice, the party in breach shall have thirty (30) days to cure such breach or breaches. In the event that such cure is not made, this Agreement shall terminate in accordance with the initial ninety (90) days notice. 10. Effecto of Termination: Notwithstanding non-renewal or termination oft this Agreement, CLIENT shall be obligated to pay AVENU for services performed through the effective date of termination for which AVENU has not been previously paid. In addition, because the services performed by AVENU prior to termination or non-renewal of this Agreement may result in the CLIENT's receipt of revenue after termination which are subject to AVENU's fee, the CLIENT shall remain obligated after termination or non-renewal to provide to AVENU such information as is necessary for AVENU to calculate compensation due as a result of the receipt of revenue by the CLIENT. The CLIENT shall remain obligated to pay AVENU's invoices therefore in accordance with the terms oft this Agreement. 11. Indemnity: To thet fullest extent allowed byl law, AVENU hereby agrees to indemnify and hold CLIENT harmless from any claims and against all costs, expenses, damages, claims and liabilities based upon or arising solely out of a breach of this Agreement by AVENU. Except as set forth in the preceding sentence, to the full extent allowed by law, CLIENT hereby agrees to indemnify and hold AVENU harmless from any claims and against all costs, expenses, damages, claims and liabilities relatingi in  Effectiveness. This report willl be made available upon request.  2023.  AVENU Client Contract 2022    Exhibitl 1  any way to lodging and other taxes of CLIENT, including, but notl limited to, determination oft taxes due 12. Limitation of Liability: To the maximum extent permitted by law, in no event shall AVENU, its employees, contractors, directors, affiliates and/ or agents be liable for any special, incidental or consequential damages, such as, but not limited to, delay, lost data, disruption, and loss of anticipated profits or revenue arising from or related to the services, whether liability is asserted in contract or tort, and whether or not AVENU has been advised oft the possibility of any such loss or damage. In addition, AVENU's total liability hereunder, including reasonable attorney's fees and costs, shall inj no event exceed an amount equal to the fee paid by the CLIENT for the affected service to which the claim pertains. The foregoing sets forth the CLIENT'S exclusive remedy for claims arising from or out of this Agreement. The provisions of this section allocate the risks between AVENU and the CLIENT and AVENU's pricing reflects the allocation of risk and limitation 13. Equal Opportunity to Draft: The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any Party 14. Assignment: This Agreement shall be binding upon and inure to the benefit of the Parties, their successors; representatives and assigns. AVENU shall not assign this Agreement, or delegate its duties or obligations under this Agreement, without the prior written consent of CLIENT, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, AVENU may assign this Agreement, in whole or in part, without the consent of CLIENT to any corporation or entity into which or with which AVENU has merged or consolidated; any parent, subsidiary, successor or affiliated corporation ofA AVENU; or any corporation or entity which acquires all or substantially all of the assets of AVENU. Subject tot thet foregoing, this Agreement shall bel binding upon and inure to the 15. Force Majeure: AVENU shall not be in default of its obligations hereunder to the extent that its performance is delayed or prevented by causes beyond its control, including but not limited to acts of God, government, weather, fire, pandemic, endemic, quarantine, power or telecommunications failures, inability to obtain supplies, breakdown of equipment or interruption in vendor services or 16. Subcontractors: AVENU shall have the rightt to hire assistants as subcontractors or to use employees to provide the Services required by this Agreement. AVENU, in rendering performance under this Agreement shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. AVENU shall be solely responsible fora and shall hold CLIENTH harmless from any and all claims for any employee related fees and costs including without limitation employee insurance, employment taxes, workman's 17. Intellectual Property Rights: The entire right, title and interest in and to AVENU's database and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created in the course of this Agreement (collectively, the "Work Product") shall vest exclusively in AVENU. The foregoing notwithstanding, in no event shall any CLIENT-owned data provided to AVENU be deemed 18. Entire Agreement: This Agreement constitutes the entire agreement between the Parties hereto and supersedes any prioru understandings or written or oral agreements between the Parties respecting the subject matter contained herein. Said Agreement: shall not be amended, altered, or changed, except  from taxpayers, the collection thereof and any refunding related thereto.  ofl liability specified herein.  upon a claim that that party drafted the ambiguous language.  benefit of the parties and their successors or assigns.  communications.  compensation, withholding taxes ori income taxes.  included within the Work Product.  by ay written Agreement signed by both Parties hereto.  AVENU Client Contract 2022    Exhibitl  19. Invalidity: Ifany one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as ifs such invalid, illegal, or unenforceable provision had never been contained thereof, and this Agreement shall be construed as ifsuch invalid, illegal, or unenforceable provision had never been contained herein. 20. By signing this contract, the contracting parties affirm, for the duration oft the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all IN WITNESS WHEREOF, the parties hereto as of the date first above written have duly executed this  damages resulting therefrom.  Agreement.  Avenu Insights & Analytics, LLC  Dale County By:_ Name: Title: Date:  By:  -  Sh YAK K  Name: Carl Kumpf Title: CFO Date:  12-13.22  AVENU Client Contract 2022    Exhibitl  EXHIBIT A  DISTRIBUTION, RATE CONFIRMATION and SCHEDULE OF FEES  November 10, 2022 Cheryl Ganey Dale County 100 E. Court Square OZARK, AL: 36360 Dear Ms. Ganey:  Funds willl be distributed in the following accounts pursuant to this Agreement:  Tax Type/Rate Lodging; all rates  Agency Routing #  Account #  Distribution % Code  Tax Types and Rate Codes will be administered at the following percentages:  Tax Type Lodging  Rate Type General  Percentage  Ifata any time there are any discrepancies between the schedule set out above and your County'sn records, ITIS YOURI RESPONSIBILITY TO PROVIDE NOTICE TO US OF ANY CHANGES IN TAXI RATES OR IN THE DISTRIBUTION OF FUNDS. NOTICE MUST BE IN WRITING AND SENT, VIA CERTIFIED MAIL, TO:  please notify us iny writing immediately.  Avenu Insights & Analytics, LLC 600 Beacon Parkway West, Suite 900 Birmingham. AL: 35209 ATT: Contracts Department  COMPENSATION  Compliance Services: AVENU will receive an amount equal 1.95% of gross revenues collected, for  providing Remittance Processing Services and Revenue Analysis Services.  Audit Services: AVENU will receive an: amount based on an hourly rate of eighty-four dollars ($84.00)for audit services. There shall ber no contingent fees. Each year on the anniversary of the Effective Date ofthis  Agreement, the hourly rate willi increase by 5%.  AVENU Client Contract 2022    Exhibitl  Thank youf for your assistance. Ifyoul have any questions, or ifl may be of assistance, please let me know.  Sincerely Yours, Lis Feliciano Client Relations Manager 213-246-2445  Ihave reviewed the above distribution and verify thati iti is correct.  By:  Name: Title:  (AVENU)  AVENU Client Contract 2022    Exhibit 2  Sanders Electrical & Plumbing, Inc.  604 South Union Avenue Ozark, AL 36360 USA Voice: 334-774-5792 Fax: SA02 BITo: Dale County Commission Office 202 S. Hwy 123, Ste.C Ozark, AL 36360 604 Sout:: Ozark AL sou  INVOICE Invoice Number: 079544 Invoice Date: Sep: 22,2022 Page: Duplicate  1  Ship fo: FOR: DALE COUNTY JAIL  CustomerPO ANGIE Shipping Metiod M  PaymentTerms Net 10th of! Next Month  vogen DAEEOGENTEMJAL-s SN  Sales Rep 1D  54   Ship! Date 9/16/22 Unit Price 6,000.00  Duepate 10/10/22 Amount  Dascription  INSTALLED: 220SQ. FT. OF6x6 QUARRY TILE & GROUT AFTER HOURS: ALL FOR THE SUM OF:  1.00 LAB003  6,000.00  SCA  03  %h Mbkn  kypir  -  ARECEIVED* NOV23:2022  Subtotal Sales Tax Totall Invoice Amount Payment/Credit Applied TOTAL  6,000.00 6,000.00 6,000,00  Check/Credit Memol No:    Exhibit3  SHERIFF WALLYOLSON DALE COUNTY,OZARK, ALABAMA 36361  P.O.E BOX279  TELEPHONE! 334-774-2335 FAX334-774-2909 AMEWOSONGDAISOCOM  December 7, 2022  Dale County Commission 202 S Hwy 123, Suite C Ozark, AL. 36360  To Whom It May Concern:  Please remove the septic tank from the inventory list for the Dale County Range. The septic tank was destroyed by a county vehicle on  June 2021.  3 Avetor  Any assistance would be appreciated.  Sheriff, Dale County  E    Exhibit3 3  SHERIFF WALLYOLSON DALEC COUNTY, OZARK, ALABAMA: 36361  P.O. BOX2 279  TELEPHONE! 334-774-2335 FAX334-774-2909 E-MAIL! WOISONBDALESOCOM  December 7, 2022  Dale County Commission 202 S Hwy 123, Suite C Ozark, Al. 36360  To Whom It May Concern:  The Sheriff's Office is removing the following surplus equipment: One John Deere Gator obtained from the 10-33 program  Aa/4091  The town of Ariton is requesting this off road vehicle for their use.  Thank you for any assistance in this matter.  Sincerely,  &    Exhibit4 4  INMATEI HOUSING. AGREEMENT  THIS AGREEMENT is made this 1BHyat and between The Dale County Commission of Dale corporation, hereinafter referred to as Daleville".  by  Alabama, hereinafter  referred to as "Dale County", and the City of Daleville, Alabama, a municipal    WITNESSTO:  Whereas Daleville desires to contract with Dale County for the provision by Dale County to Daleville of housing for Daleville's municipal inmates, and whereas Dale County desires to provide such service to Daleville, now, therefore, in consideration of mutual covenants and agreements herein set forth, the parties, intending to be legally  bound, hereby agree as follows:  SECTION1.  INITIATION OF TERMS OF AGREEMENT  Upon the determination by Daleville through its appointed designee that the detention of an individual in the custody of the Daleville Department of Public Safety is necessary, Daleville shall contact the on-duty Supervisor of the Dale County Jail (hereinafter "facility") and notify said supervisor or his/her designee that Daleville has begun transport of an inmate to said facility for housing until further notice is received from the appropriate authority. Receipt by Dale County of Daleville inmates shall occur at any hour, on any day, and shall not be restricted unless applicable law or other  authority requires the same. SECTION: 2.  RECEIPT OF INMATES FROM DALEVILLE  Upon completion of the booking process, the inmate shall be deemed to be in the custody of the Dale County Jail and shall thereafter receive treatment and services identical to those received by all other inmates housed in the facility, subject to, but in no way, compromised by, the provisions of Section 5. Each Daleville inmate shall be required to comply with all rules and regulations established by Dale County and the  facility administration.  During his/herincarceration, each Daleville inmate shall be entitled to use of the commissary system to obtain any approved items which may be needed during incarceration and which are afforded by the inmate's account balance. Daleville hereby agrees to transfer any and all personal items, including money, found on the inmate's person to Dale County's intake officer sO that the items may be properly logged into the inmate's account. Daleville agrees to execute any necessary documentation reflecting the transfer of any such property. Further, Daleville agrees that no inmate may receive any property other than money orders while incarcerated in the facility.    Exhibit4  SECTION:3.  SECURITYMEASURES  All proper security measures shall be followed at all times during the transportation and transfer of inmates including, but not limited to, handcuffs, shackles, and waistband restraints. The use of such security measures is hereby specifically  authorized by the parties. SECTION4 4.  BILLING AND PAYMENT  At the time Daleville places an inmate into Dale County'scustody, Daleville will be billed fifteen dollars ($15.00).. If said inmate remains housed at the passing of midnight following the time of initial intake, Daleville will be billed an additional fifteen dollars ($15.00). Billing shall continue in this manner until such time as the  inmate is released on proper authority as provided in Section 5.  Dale County shall invoice Daleville in regular installments for the provision of services as outlined herein and Daleville agrees toj provide reimbursement for the same ina timely manner, any amount due and owing not to remain outstanding for longer  than forty-five (45) days from the date of invoice.  SECTION! 5.  MEDICAL EXPENSES  Its shall be the sole responsibility of Daleville to transport inmates in need of medical attention to an appropriate facility or, should the circumstances dictate, it shall be the sole responsibility of Daleville to reimburse Dale County for any, expenditures made in procuring medical attention for a Daleville inmate. Additionally, it shall be the sole responsibility of Daleville to provide payment for prescription medications required by a Daleville inmate. Any personal financial obligation on. the part of a Daleville inmate for payment of such services or goods shall be negotiated between Daleville and the inmate without the involvement of Dale County. Payment or reimbursement from Daleville to Dale County for medically-related expenses for a Dalevilleinmate shall not be withheld due to lack of payment by a third party. The provisions of this section shall in no way compromise, hinder or alter the medical treatment provided to Daleville inmates while incarcerated in the facility.  SECTION6.  RELEASE OF DALEVILLE INMATES  Release of a Daleville inmate by Dale County shall not occur unless and until proper authority is issued and his/her release is decreed by the proper court or other authority. Any information regarding release of a Daleville inmate shall be transmitted via telephone, facsimile or other electronic means to the appropriate personnel within the Facility. Dale County shall not be responsible for transportation of any Daleville  inmate released from its facility.  2    Exhibit 4  STATE OF ALABAMA COUNTY OF DALE  I,t the undersigned. authority, a Notary Public in and for said County in said State, hereby certify that Steve McKinnon, whose name as Dale County Commission Chair, and Cheryl Ganey, whose name as County Administrator of Dale County, are signed to the foregoing instrument and who are known to me, acknowledged before me on this day that, being informed of the contents of the instrument, they, in their respective capacities as Dale County Commission Chair and County Administrator for Dale County, executed the same voluntarily for and as the act of the Dale County, Alabama  on the day the same bears date.  Given under my hand this the  day of  2022.  Notary Public Attest:  City of Daleville, Alabama, an municipal corporation,  By:  Jayme Staton, Mayor City of Daleville, Alabama  Angelia Filmore, City Clerk City of Daleville, Alabama  STATE OF ALABAMA COUNTY OF DALE  I,the undersigned authority, a Notary Public in and for said County in said State, hereby certify that Jayme Staton, whose name as Mayor of the City of Daleville, and Angelia Filmore, whose name as City Clerk of the City of Daleville, are signed to the foregoing instrument and who are known to me, acknowledged before me on this day that, being informed of the contents of the instrument they, in their respective capacities as Mayor of the City of Daleville and City Clerk of the City of Daleville, executed the same voluntarily for and as the act of the City of Daleville, Alabama, a municipal  corporation, on the day the same bears date. Given under my hand this the  day of  2022.  Notary Public  5    Exhibit4 4  SECTION7.  EFFECTIVEI DATE  The term of this Agreement shall commence January 1, 2023, (the "effective date") and, unless sooner terminated as hereafter provided, shall continue in full force  and effect until and through December 31, 2026.  SECTION 8.  TERMINATION  This Agreement may only be terminated under the following circumstances:  A. Upon mutual agreement of both parties. B. For cause, in the following manner:  1. Ife either party shall refuse, fail or be unable to perform any of the terms of this Agreement for any reason, other than excused performance stated in other sections of this Agreement, the party claiming such failure shall give the other party written notice of the alleged breach, listing the event and providing necessary supporting documentation. Transmission of said information shall be effectuated by use of certified mail or other delivery 2. Within ten (10) days of the other party's receipt of notice of the alleged breach, both parties shall meet and discuss the aggrieved party's claimed breach and, if possible, set forth a mutually agreed-upon resolution. Ifa resolution is capable of being reached, the parties shall then establish a timeline for implementing the provisions of said resolution and correcting such breach to the satisfaction of both parties. Such resolution and timeline must bei in writing, agreed to and signed by both parties. 3. Ifar mutually agreeable resolution is not reached or, if at the end of the time allotted by the parties for completion of redress, the terms of the agreed-upon resolution and timeline are not being met, the injured party may cancel this Agreement. Cancellation shall occur by the injured party promptly sending written notice of said cancellation to the other party, said cancellation becoming effective ten (10): days after the agreed-upon timeline expires or ten (10) days following the parties' failure to mutually agree to a resolution, whichever shall first occur. Service of said written notice shall be achieved via the means described in Section:2.2.a.  service requiring a signature precedent to receipt.  SECTION9.  EMPLOYEES  Parties to this Agreement recognize that employees of Dale County are not employees of the City of Daleville and employees of the City of Daleville are not  employees of Dale County.  3    Exhibit4 4  SECTION10.  EXCUSED PERFORMANCE  In case performance of any terms or provisions hereof (other than the payment of monies) shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority, whether the same shall be of Local, State or Federal origin, or because of riots, war, public disturbances, strikes, lockouts, differences with workmen, fires, floods, acts of God or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent, the party sO suffering may, at its option, suspend, without liability, the performance of its obligations hereunder (other than the payment of monies) during the period of such  suspension of performance of duties hereunder.  SECTION11.  ASSIGNMENT  Neither Dale County nor Daleville may assign or transfer this Agreement or any  part thereof without the express, written consent of the other party.  SECTION12.  ENTIRE AGREEMENT: WAIVER  This executed document constitutes the entire Agreement between the parties with respect to the provision of housing for municipal inmates and there are no other or further written or oral understandings or agreements with respect thereto. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless in writing and signed by duly authorized representatives of Dale County and the City of Daleville. This Agreement supersedes all other agreements between the parties for  the provision of services as outlined herein.  SECTION13.  GOVERNING LAW  This Agreement shall be governed by the laws of the State of Alabama. IN WITNESS WHEREOF, the parties hereto affirm that they have the authority to execute this Agreement on behalf of their respective entities for the entire term and have hereunto set their hands and seals on the day and year first above written.  Dale County, Alabama,  Attest:  By:  Svh Y Steve McKinnon, Commission Chair Dale County, Alabama  Cheryl Ganey County Administrator Dale County, Alabama  Dy6y  4    Exhibit 5  ADDENDUM Dale County Commission December 13, 2021 Changes are in Bold  Personnel Policies and Procedures Handbook  Purpose of Addendum: Remove the Engineer in' Training position from a temporary  Excluded: Service position to af full time Classified service position.  SECTIONII CATEGORIES OF SERVICE AND EMPLOYMENT STATUS  PART A CATEGORIES OF SERVICE No.2 EXCLUDED SERVICE (PAYROLL)  Partf. Change:  Any temporary position not funded on aj permanent basis including, but not limited to, seasonal workers, or temporary employees hired on a short term basis or special projects  employees. POSTED 12/13/2022  Dale County Commission Approved    Exhibit5  12/13/22  commissioners,  The County Engineer is requesting that the position of Engineer-in-Training be moved to a regular employment position in lieu of a emporaryemployment  position as it is now classified.  There is currently a job description for this position, see attached,  After completion of the 10-day posting requirement for changes to the Personnel Manual and then final approval by the Commission, the County Engineer will request that this position be added to the Classified list as a salaried position.  Cheryl Ganey    Exhibit5 5  Engineer-m-Traiming  Division Reports To County Engineer Job Summary  Department  Location  Engineering Office Road and Bridge  Dale County Commission  Performs a variety of engineering duties related to the planning, location, design, or construction  ofroads, bridges, or other civil engineering projects.  Duties and Responsibilities  Under the supervision oft the County Engineer or his designee performs the following duties: Independently performing preliminary cost estimates and traffic engineering studies.  Conducts location or foundation investigations. modifications as on-site conditions necessitate.  Serves as inspector or project engineer on construction projects making minor  Receives complaints and requests from citizens, law enforcement officials, and County  Commissioners and works to resolve them in a timely manner. Validates and analyzes data for use in feasibility and location studies. Checks contractors' work for compliance with plans, specifications and contract stipulations. Complies and approves work completed for purposes of] payment. Supervises and participates in the preparation of C.A.D. plans, and specifications for  roadway resurfacing and bridge construction. Performs or reviews mathematical calculations for design. Writes material and heavy equipment specifications.  Assists in establishing priorities on: road and bridge maintenance and construction needs.  Assigns inspection of portions of projects to engineering assistants.  Work is assigned with general instructions and uses own initiative in solution of details. Performs other related duties as assigned, and all work will be subject to review by the  County Engineer.    Exhibit 5  Specific Physical Duties  Must be able to work outside in a variety of weather conditions performing duties requiring mild physical exertion including walking, standing, bending, lifting, kneeling, squatting, etc. Must be  able to lift ai minimum of fifty (50) pounds. Engineering office and construction sites  Specific Noise Duties Job Specifications Education:  Graduation from a four-year college or university with a Bachelor's Degree in Civil engineering or Civil Engineering Technology within the last four years. Applicant must have successfully passed  the Fundamentals of Engineering (EIT) examination.  Work Experience  Considerable knowledge ofr road and bridge engineering objectives, purposes, methods, and practices. Knowledge of department and county policies, procedures, rules, and regulations. Knowledge of occupational health and safety, including accident causation and prevention and stops work when safety violations orl health hazards occur. Ability to read and interpret the assigned types ofc civil engineering plans, maps, and specifications; ensures contractor obtains compliance in all details. Ability toj plan and supervise the work oft technicians, engineers, and inspectors. Ability to establish and maintain effective working relationships with associates, supervisors, subordinates, general public, and county officials. Ability to understand and follow complex written instructions. Ability to identify storm water drainage problems and proOpose solutions. Working knowledge ofcomputer software and applications. Knowledge ofs storm water  regulations and the design and implementation of] B.M.P. plans.  Licenses Preferences  Valid. Alabama driver's license and a good driving record. Must be insurable.  Must be able to communicate effectively orally and in written form. Must be able to follow oral and written instructions. Must be able to read, comprehend, and interpret correspondence, reports, technical manuals, graphics, deed, maps, construction plans, etc. Must be able to write well enough toj prepare technical documents. Must be familiar with the use of drafting tools, modern surveying equipment, hand tools, and computer aided drafting. Must have a working knowledge ofmathematics including geometry as it relates to drafting and surveying. Must be able to work and communicate effectively with a variety of people including professionals, officials,  co-workers, and the public at large.  Approved 6/28/2004    Exhibit 6  202 S. Hwy 123, Suite A Ozark, Alabama 36360 334.774.7875  Matthew W. Murphy, P.E. County Engineer  DALE COUNTY ROAD AND BRIDGE  MEMORANDUM  Date: To: From: Subject:  December 13, 2022 Dale County Commission Matt Murphy County Engineer  Internet at Road and Bridge Shop  Requesting to change internet providers at the Road and Bridge shop. Currently we have This change will provide higher speed internet at a lower cost. This will be for a three (3)  Brightspeed and would like to change over to Troy Cable.  year contract.  Commission Approved:  Date