Dale County Commission  Commission Meeting Minutes- September 14, 2021  The Dale County Commission convened in a regular session Tuesday, September 14, 2021. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham; District Three Commissioner Chairman McKinnon called the meeting to order at 10:00am. Commissioner Grantham opened with the Pledge of Allegiance. Commissioner Carroll followed with prayer.  Charles W. Gary; and District Four Commissioner Frankie Wilson.  APPROVED = AGENDA  Commissioner Carroll made a motion to approve the agenda with the following changes:  1) Fund 120-1 Mapping and Appraisal budget. 2) Juvenile Long Term Detention Subsidy Contract for FY22. 3) Lease Agreement with Dothan Regional Airport.  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED = MEMORANDUM OF WARRANTS  Commissioner Wilson made a motion to approve the following Memorandum of Warrants:  Accounts Payable Check Numbers 90766-91031. Payroll Check Numbers: 154766-1 154774. Direct Deposit Check Numbers: 39307-39448.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes September 14,2021  Page2of5  APPROVED = AUGUST 10, 2021 MINUTES  Commissioner Gary made a motion to approve the Minutes of the Commission Meeting  on August 10, 2021.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL  Commissioner Gary made a motion to approve the following:  Michael Bingham - Deputy XI - Graduated Academy - full-time Sheriff Dept. Jonathan Bess = Maintenance Tech - New Hire - Maintenance Dept. Kristie Colvin - Mapping & Appraisal - Appraisal Clerk- New Hire  James Owens - Jailer - New Hire - Jail  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED -BOARD APPOINTMENT  Commissioner Carroll made a motion to approve the following board appointments, six-year  terms, for the Dale County Board of Human Resources:  Ms. Marie Black-1 term expires 10/24/2027 Mr. James Cheshire = term expires 10/24/2027  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED -1 TRAVEL REQUEST  Commissioner Gary made a motion to approve the following:  Road & Bridge Dept. = SWANA Fall Seminar - Oct 27-29, 2021- Guntersville, AL-$1,475.00 total for both - Derek Brewer and David Williams.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED = NON-RENEWAL OF SARCOA AGREEMENT  Commissioner Wilson made a motion to approve non-renew the SARCOA Agreement. Commissioner Gary seconded the motion, all voted aye. Motion carried    Dale County Commission  Commission Meeting Minutes September 14, 2021  Page 3of5  APPROVED - CAPITAL ASSET CHANGES  Commissioner Carroll made a motion to approve the following:  36X48 Large Format Printer = no longer have - disposed January, 2021 Asset 2040-2 2000 Ford Expedition - transfer from Maintenance to Sheriff-E Eff. 5/3/21  Commissioner Grantham seconded the motion, all voted aye. Motion carried.  APPROVED - COUNTY BANK ACCOUNT  Commissioner Gary made a motion to approve the closing of the following County bank  account: 1001874260 - Credit Card account for Solid Waste. Commissioner Wilson seconded the motion, all voted aye. Motion carried  APPROVED -FT. RUCKER WIREGRASS AUSA MEMBERSHIP  Commissioner Gary made a motion to approve the expenditure for a Ft. Rucker Wiregrass  AUSA membership- 3 years and two persons.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED -PROPOSED ADDENDUM TO PERSONNEL POLICIES = LONGEVITYPAY Commissioner Carroll made a motion to approve to post the proposed addendum to  personnel policies regarding Longevity Pay. See Exhibit 1.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - LUMEN INTERNET AGREEMENT  Commissioner Grantham made a motion to approve the Lumen agreement to update EMA's  internet. See Exhibit 2.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - GROUNDS MAINTENANCE CONTRACT  Commissioner Wilson made a motion to approve the Grounds Maintenance contract with  Affordable Lawn Care, Daniel Pruitt. See Exhibit 3.  Commissioner Gary seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes September 14, 2021  Page 4of5  APPROVED - SOLID WASTE RATES  Commissioner Carroll made a motion to approve the rate increase of Solid Waste collection Commissioner Wilson seconded the motion. Commissioners Carroll and Wilson voted aye. Commissioners Gary and Grantham voted nay. Chairman McKinnon voted aye. Motion  to $18, a $4 raise.  carried.  APPROVED = FUND 151-, JAIL AD VALOREM EXPENDITURE  Commissioner Grantham made a motion to approve the Fund 151 Jail Ad Valorem  Expenditure- additional cost of jail parking lot-$5,442.80. See Exhibit 4. Commissioner Gary seconded the motion, all voted aye. Motion carried.  APPROVED - WORKI REQUEST - CITY OF LEVEL PLAINS  Commissioner Wilson made a motion to approve a work request to patch potholes in the  amount of $667.68 to be reimbursed 100% by requesting entity. Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED -SOFTWARE CONTRACT = ROAD & BRIDGE  Commissioner Grantham made a motion to approve the License Agreement with Diversified  Computer Services, LLC. See Exhibit 5.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - PERSONNEL - POST FOR NEW POSITION  Commissioner Grantham made a motion to approve the posting for an additional Solid Waste  Clerk for the FY22 Fiscal Year.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  TABLED - ANNUAL BIDS  After opening the annual bids, Commissioner Gary made a motion to tabled the awarding of  the bids until the next commission meeting.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - September 14,2021  Page 50f5  APPROVED - FUND 120 REAPPRAISAL FY22 BUDGET  Commissioner Gary made a motion to approve the FY22 Reappraisal budget and for any  ending fund balance to be carried forward. See Exhibit 6.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - JUVENILE TERM DETENTION SUBSIDY CONTRACT  Commissioner Wilson made a motion to approve the FY22 Juvenile Long Term Detention Subsidy Contract with Southeast Alabama Diversion Center as the chosen detention center.  See Exhibit 7.  Commissioner Gary seconded the motion, all voted aye. Motion carried.  APPROVED - LEASE AGREEMENT WITH DOTHAN AIRPORT  Commissioner Grantham made a motion to approve the lease agreement with Dothan  Regional Airport- to be paid from Sheriffs discretionary funds. See Exhibit 8. Commissioner Carroll 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, September 28, 2021 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Wilson made a motion to adjourn the meeting. Commissioner Carroll seconded It_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.  the motion. All voted aye. Motion carried.  Shv Zhbn Steve McKinnon, Chairman    Exhibit 1  PROPOSED ADDENDUM Dale County Commission September 14, 2021 Changes are in Bold  Personnel Policies and Procedures Handbook  Purpose of Addendum: Increase longevity pay from $0.10 (ten cents) to $1.00  (one dollar).  SECTION2 XI COMPENSATION AND BENEFITS  PARTB COMPENSATION No.1 GENERAL Partc. Section. (2)(a) Change:  Employees reaching a five year service milestone (5,10,15, etc...) will receive a One dollar ($1.00) per houri increase as of October 1 following the reaching of  said milestone. POSTED 09/14/2021  Dale County Commission Approved    Exhibit 2 Customer Name: Dale County Commission Order #: Q-01190867 Order Generation! Date: 8/4/2021 2:16:40 PM Cutoff/Expiration Date: 9/18/2021 Currency: USD  LUMEN Customer Information Name: Dale County Commission Primary Contact: Primary Contact Phone: Primary Contact Email: Billing Contact: Billing Contact Phone: Billing Contact Email:  Account Information BPID: 1137169 Billing Account: Billing Address: 2025 S Hwy 123 Contract ID#: New (Internal Use Only)  Prepared By Name: Samera Burs Phone: (602) 865-0149 Email: samerabums@umencom:  Ozark, AL 36360 Order  Pricing Table Product Fiber+ Internet 1 Building! Extension 1  Qty  Service Address 119WF REYNOLDSST OZARK AL3 36360  Service Details  Service Attributes (Months) Term Adtran Netvanta 5660 Standard 50M  MRC $119.00 $0.00 $0.00 $40.00  NRC $99.00 $0.00 $0.00 $0.00 $0.00  Waived NRC $99.00  36 Months Months 36 36 36 Months Service Sub Total: $159.00  Building! Extension Business Essentials- Standard ProN MET24x7 Professional  1  Includes 10L Licenses Months Standard 50M 24x7  "Terms and Conditions for Fiber+ Internet Bundle Offer" tp.www.centurylinkcomlegalberPuss.Wnolesalepd'.  Lumen provides Fiber+ Internet services under: (a)t the Fiber+ Internet Package. Attachment ("Attachment") and (b) the Domestic CenturyLink IQ Networking, Local Access, and Rental CPE Service Exhibits. The Attachment and Service Exhibits applicable to The Fiber+ Internet Package type appears int the first" "Fiber+ Internet" row under the "Service Attributes" column of the above table. The CenturyLink IQ Networking porti is an Internet Port. The port bandwidth details appear in the first' "Fiber+ Internet" row under the "Service Attributes" column oft the above table. The Local Access bandwidth details appear in the first "Fiber+ Internet" row under the "Service Attributes" column of the above table. The package pricing includes the Local Access MRC and the Rental CPE MRC. Lumen will provide the rentale equipment while Customer purchases the Services from Lumen. Lumen may provide equipment from various manufacturers at its discretion. Thel Rental CPE maintenance is ProMET On-Site Standard (8x5, on-site, next business day) maintenance unless' "Prol MET 24x7 Professional" appears in the' "Service Details" column of the above table. If" "Pro MET 24x7 Professional" appears in the' "Service Details" column oft the above table, the Rental CPE maintenance is ProMET On-Site Premium (24x7, on-site, 4-hour response) maintenance for that location. There is an additional MRC for ProMET On-Site Premium maintenance. ntp.w.cenluylink.comlegalFiperPlus. ofensFipefPus.oMers.Rale.Sheetylpar ("Rate Sheet"). These rates may not apply if As part of the Service provisioning process, Lumen will identify whether Customer's Local Access functionality is IP Connection as described in the Local Access service-specific terms. Ifitis, Customer agrees to use the CenturyLink IQ Networking Internet Port only for the provision of either: () wireline broadband Internet access (as defined in applicable Federal Communications Commission orders and regulations), or (i) wireline broadband Internet access plus additional information services, with wireline broadband Internet access constituting a principal use. Ift the IP Connection Local Access functionality is used in conjunction with a CenturyLink IQ Networking Private Port, Customer must, so long as the Private Porti is used, either: (ii) have entered into an agreement or amendment directing Customer tot the Network-Based Security CNBSsemicespe.lc terms and use NBS with the Private Port or (iv) use the Private Port inc conjunction with ani interconnected Internet Porti in a multi-site configuration. In either case, Customer agrees the arrangement will be configured so each Private Port connection will be used consistent with the wireline broadband Internet access usage limitations noted No Resale. Customer warrants: 1) Services are fori its own use and 2)itv will not resell the Services or extend any Services for ai fee to others, regardless of whether it qualifies as a reseller under the Telecommunications Act of 1996 or under state law, unless Service is  Customers purchasing Fiber+ Internet services for wholesale purposes are found at  Customer's site must qualify for ProMET On-Site Premium maintenance. Upgrade/MACD pricing and Other Charges are pert the online Rate Sheet located at:  Service is being purchased for wholesale purposes.  in () and (i) above. Opportunity ID#: 58007474  Page 1of4 CONFIDENTIAL  OFC    Exhibit 2 Customer Name: Dale County Commission Order #: Q-01190867 Order Generation Date: 8/4/2021 2:16:40 PM Cutoff/Expiration Date: 9/18/2021 Currency: USD  LUMEN purchased for wholesale purposes.  If Customer orders Building Extension Service, the Building Extension Service Service Schedule applies. Acopy of the Building Customer is currently eligible to receive the following optional business applications provided by Lumen with the Fiber+ Internet Bundle atr no additional charge. Customer will receive a URL and temporary log-in credentials to access Control Center once Customer's order is submitted. Customer will need to sign on and change these credentials within 24 hours. Once Customer's circuit is live, Customer will be able tol logi int tot the Management Console using those Control Center credentials. By signing on and activating the applications, Customer willl be: accepting the terms and conditions for usage oft those applications. These optional business applications are governed by the terms and conditions found at htpsaps.entuyink.comlemms-condtions and not by this Agreement.  Extension Service Service Schedule is available upon request.  Customer's site must qualify for ProMETB Premium On-Site Maintenance. Optional Business Applications Included at No Additional Charge  Quantity/Details  Microsoft Office 365 from CenturyLink Basic Web Hosting with Site Builder Tools DNS Registration Data Backup for PC and Laptop (not applicable to servers) Cloud Fax Search Engine Submission  10 Business Essential licenses, includes email  w/ 50GB storage 5GB Storage 1 Included 101 Licenses at 10GB each 20 Inbound/Outbound Pages Attracta  Customer may purchase additional Centurylink business applications services att the following website:  tsiaasmunkcamisan Additional charges will apply  Service(s)" Total for Services priced int this Order  Monthly Recurring Charges ($) $159.00  Non-Recurring Charges ($) $0.00  Total  Opportunity ID#: 58007474  Page 2of4 CONFIDENTIAL  OFC    Exhibit 2 Customer Name: Dale County Commission Order #: Q-01190867 Order Generation Date: 8/4/2021 2:16:40 PM Cutoff/Expiration Date: 9/18/2021 Currency: USD  LUMEN  SLED Terms and Conditions Governing This Order  1. "Lumen" is defined for purposes of this Order as CenturyLink Communications, LLC d/bla Lumen Technologies Group and its affiliated entities providing Services under this Order. This Order is subject to the applicable state or municipal public records laws governing Customer and is non-binding until accepted by Lumen, as set forth in section 4. Customer places this Order by signing (including electronically or digitally) or otherwise acknowledging (in a manner acceptable to Lumen) this document and returning itto 2. Priort toi installation, Lumen may notify Customer in writing (including by e-mail) of price increases due to off-net vendors ori increased construction costs. Customer has 5 business days following notice to terminate this Order without liability; or otherwise, Customer is 3. Unless otherwise agreed by the parties in writing, the demarcation point for on-net services will be Lumen's 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 ofs services that are procured by Customer directly from third parties, Lumen is not liable for such services. 4. The service(s) identified in this Order (the "Service(s)") is/are subject to the current, unexpired services agreement between Customer and Lumen ("Existing Agreement") provided that, if a service attachment describing the Services is not included in the Existing Agreement, then the current standard applicable Lumen Service Attachment(s) will apply in addition to the Existing Agreement. If Customer and Lumen do not have a current Existing Agreement, then the current applicable Lumen Master Service Agreement(s), State, Local and Education Government Agencies Version, Public Safety Version for public safety services, or E-Rate Version for E- Rate eligible services (each, a "Lumen MSA"), and applicable Service Attachment(s) for the Services described in this Order, will govern, copies of which are available uponr request. Customer will accept and pay all charges indicated oni invoices for the Services. Notwithstanding: anything in any Existing Agreement to the contrary, Lumen will notify Customer of acceptance of requested Service in this Order by delivering (in writing or electronically): the date by which Lumen will install Service (the "Customer Commit Date"), by delivering the Service, or by the manner described in a Service Exhibit/Service Schedule. Lumen will deliver a written or electronic notice that the Service is installed (a Connection Notice"), at which time billing will commence. Ift the Existing Agreement governs and does not include early termination charges and if Customer cancels or terminates Service for any reason other than Lumen's uncured default or if Lumen terminates due to Customer's uncured default, then Customer will pay Lumen's standard early termination liability charges as identified in the then standard applicable Service Exhibit(s)/Service Schedule(s). If such Service Exhibitfs)/Service Schedules(s) does not contain early termination charges, Customer will pay Lumen's standard early termination charges described in 5. 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 of the performance or failure to perform under this Order. Customer's sole remedies for any nonperformance, outages, failures to deliver 6. All transport services ordered from Lumen will be treated as interstate for regulatory purposes. Customer may certify transport service as being intrastate (for regulatory purposes only) in a format as required by Lumen, but only where the transport services are sold on a stand-alone basis, the end points for the service. are located in the same state and neither end point is a Lumen provided IP port ("Intrastate Services"). Where Customer requests that services be designated as Intrastate Services, Customer certifies to Lumen that not more than 10% of Customer's traffic utilizing the Intrastate Services will be originated or terminated outside oft the state in which the Intrastate Services are provided. Such election will apply prospectively only and will apply to all Intrastate Services stated in this 7. Charges for certain Services are subject to (a) a per month property tax surcharge and. (b) a per month cost recovery fee to reimburse Lumen for various governmental taxes and surcharges. Such charges are subject to change by Lumen and will be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional details on taxes and surcharges that are assessed, visit www.lumen.comlaxes ort the RSS, ifindicated byt the applicable Service Exhibit(s)/Service Schedule(s). 8. Unless otherwise set forth in a Service Attachment, Customer will pay Lumen's standard: (a) expedite charges (added to the NRC)if Customer requests a delivery date inside Lumen's standard interval duration (available upon request or in Control Center at tps/hwawcentuminkcombusihessloaino and (b) unless otherwise set forth in a Service Attachment, the ancillary charges for additional activities, features or options as set forth int the Ancillary Fee Schedule, available at pamancmandlareis: IfLumen cannot complete installation due to Customer delay or inaction, Lumen may begin charging Customer and Customer will pay such 9. Charges/Orders. Despite anything to the contrary, NRCs are NOT waived unless this Order expressly states NRCS are waived or the NRCS appear in the waived column in the above table(s). Ifa Cancellation Charge requires Customer to pay the amount of any waived or discounted NRC, the NRC will be the amount stated in this Order or shown in the Waived NRC" column int the above table(s)  Lumen.  deemed to accept the increase.  its then standard applicable Lumen MSA.  or defects in Service are contained int the service levels applicable to the affected Service.  Order.  charges.  Opportunity ID#: 58007474  Page 3of4 CONFIDENTIAL  OFC    Exhibit 2 Customer Name: Dale County Commission Order #: Q-01190867 Order Generation Date: 8/4/2021 2:16:40 PM Cutof/Expiration Date: 9/18/2021 Currency: USD  LUMEN  despite anything to the contrary. If in this Order Customer is upgrading, moving, disconnecting or otherwise changing an existing 10. Compliance with Laws. The parties comply with all laws and regulations applicable to the execution of this Order and to the provision of Services by Lumen, including, as applicable, procurement laws or regulations regarding cumulative purchases of Services 11. E-Rate and/or RHC/HCF Funding. If Customer applies for or seeks E-Rate and/or RHC/HCF funding for the Service(s) to be provided under this Order, Customer's Service(s) will be governed by a current eligible Existing Agreement, or if Customer and Lumen do not have a current eligible Existing Agreement, the Lumen E-Rate MSA or Lumen SLED MSA with the E-Rate and/or RHC/HCF  Service, cancellation charges may apply as set forth int the Agreement.  by Customer.  Program Addendum will apply and must be executed contemporaneously with this Order.  Customer: Dale County Commission  Sh ifn Authorized Signature SL mekw Name Typed orF Title bhon Date  09-4-2/  Opportunity ID#: 58007474  Page 40 of4 CONFIDENTIAL  OFC    Exhibit3  RCOIT  DALE COUNTY COMMISSION  Commission Chairman Steve McKinnon  Commissioners Chris Carroll Donald O. Grantham District 2 Charles W. Gary Frankie Wilson  County Administrator Cheryl Ganey  Districtl District 3 District 4  )  AMISS  Dale County Grounds Maintenance  CONTRACT  Contract Items  Grounds Maintenance of the following buildings: (1) Dale County Courthouse, (2) Creel Richardson Building, (3) Boys and Girls Club (Generator Side ofLot) (4) Agplex rodeo arena (5) Dale County Jail and impound lot (6) Dale County Sheriff's Office Impound (Below Maintenance Building)(7Dale County Maintenance Building (Annex) (8) Dale County Government Building (Agplex), including field with digital sign (9) Dale County Animal Shelter, (10) Dale County  Sheriff's Office Pistol Range. Duration and Continuation  This contract will be for aj period of one year, starting September 1, 2021 through August 31,2022. Ift there is no change inj price and it's agreeable to both parties, itr may be renewed for two additional one- year periods. At the end oft the contract on August 29, 2024, the contractor agrees to provide service on a month-to-month basis until the Commission can procure a new contract through the bid process. Payment for the contract will be divided into twelve equal payments (one each month). The periods referred to within this contract will be known as "Peak Season" (April, May, June, July), "Semi-Peak Season" (March, August, September, October) and "Off Season" (January, February, November, December). Two ofthe locations have irrigation systems in place. The irrigation systems are set to water every other day during Peak Season, twice a week during The Grounds Maintenance Contract will include trash pickupprior to mowing, mowing, trimming, The two irrigated locations (The Dale County Courthouse and the Dale County Government Building) will be cut every week during Peak Season, three times per month (every other week if not needed) during Semi-Peak Season, and once per month during Off Season. The eight remaining non-irrigated locations will be cut three times per month during Peak Season, twice per month during Semi-Peak Season, and once per month during Off Season. Weed eating/trimming, and blowing off ofwalkways, porches will be done every time grass is cut. Removing weeds from  Semi-Peak Season, and to be turned off during Off Season. edging, edging cleanup for all locations listed above.  202 South Highway 123, Suite C - Ozark, AL36360 Phone: 334.774.6025 . Fax: 334.774.1841  Page 1 of2    Exhibit3  flower beds, edging ofv walkways/porches, trimming of shrubbery (trees and other bushes) will be done once per month. All debris disposal will be the responsibility of the contractor. Contractor shall have the appropriate Business Licenses and Contractor's employees will be insured (accident and liability). Insurance will cover Contractor's activities pursuant to this contract against any and all claims which shall arise out of work herein concerned. This contract shall not become effective until all current copies of insurance certificates are filed with the Dale County Commission Office. Updated copies shall be submitted at time of contract Either party shall have the right to terminate this agreement at any time by giving thirty (30) days The Dale County Commission agrees to pay the contractor ai total annual amount of Twenty-Five Thousand Five Hundred and Forty Dollars and Zero Cents ($25,540.00) in Twelve (12) monthly installmentsofTwo Thousand One Hundred.' Twenty-FightDularsandThirty-Thres  award and updated yearly as bid is awarded.  written notice to the other.  Cents (S2,128.33) Accepted:  DSA  Daniel Pruitt Affordable Lawn Care Date: X-19-27  Name of Purchaser:  BySiae Mifpam Steve McKinnon, Chairman Dale County Commission  Date: 8-19-21  Page 2 of2    Exhibit4  WIREGRASS CUNSTRUCTION COMPANYINC.  PO Box 48 Ariton, AL 36311  A04782PP-18N78a7  PROGRESS BILLING Date: August 11, 2021 To: Dale County Commission Road and Bridge Department  WCC Project Number: 1610925-999097 Estimate Number: 1-REVISED  Project Name: Dale County PO 27020  Jail Parking Lot Job to Date Quantity Amount 1.000 $ 49,775.00  Current Month Quantity Amount 1.000 $ 49,775.00  Item#  Description  UOM Unit Price LS $ 49,775.00  Asphalt Surface  TOTAL CONTRACT, AMOUNT: $ 49,775.00  49,775.00  49,775.00 $ 49,775.00 100.00% 49,775.00  COMPLETE TODATE $ 49,775.00 PERCENT COMPLETE 0% RETAINAGE AMOUNT PREVIOUSLYBILLED  49,775.00    Exhibit 5  DIVERSIFIED COMPUTER SERVICES, L.L.C.  LICENSE AGREEMENT (Software & Services)  THIS AGREEMENT is entered into as of October 1.2021 ("Effective Date"), by and between Diversified Computer Services, L.L.C., an Alabama limited liability company with its principal office located at 8200 Old Federal Road, Montgomery, AL36117, Telephone: (334)260-8453, Facsimile: (334) 260-8488, Contact and email: Danny Floyd, diloy@des-des.com ("DCS"), and Dale County Engineer's Office, a governmental entity with its principal office located at 202 South Highway 123. Suite A. Ozark. Alabama 36360, Telephone: (334).774-5875, Facsimile: (334)774-6899, Contact: Derek S. Brewer.  County Engineer ("Licensee").  WHEREAS, DCS has the right to liçense the Licensed Software, as defined below; and. WHEREAS, the parties desire that DCS license to Licensee non-exclusive rights to use the Licensed Software for Liçensee's internal use on computers under the control of Licensee, all in NOW, THEREFORE, in reliance on the mutual covenants and promises, representations and  accordance with the terms and conditions thereof; agreements set forth herein, the parties agree as follows:  1.  Definitions.  1.1 "Licensed Software." Computer program(s) specified on the Confidential Product and Price List attached as Exhibit A in object code form only and related user manuals and documentation, together with any additional computer programs, manuals, or documentation that may be licensed in the future or otherwise provided by DCS as updates, upgrades, or modifications to the 1.2 "Authorized Copies." The number of copies oft the Licensed Software for which license fees are fully paid by Licensee and that are authorized for use by DCS in the Confidential Product and Price List attached as Exhibit A. The number of Authorized Copies may be increased by Licensee 1.3 "Proprietary Rights." All rights in and to copyrights, rights to register copyrights, trade secrets, inventions, patents, patent rights, trademarks, trademark rights, confidential and proprietary information protected under contract or otherwise under law, and other similar rights or interests in License Grant. Subject to the terms and conditions hereof, DCS hereby grants to thel Licensee, and Licensee hereby accepts, a limited, non-exclusive and non-transferable liçense under the Proprietary Rights of DCS and its licensors to copy, distribute, install, and use the Authorized Modules of the Licensed Software as provided in the Confidential Product and! Price List attached as Exhibit A. Restrictions. Licensee may copy and use the Licensed Software only (i) for its intended use as specified in the accompanying documentation for Licensee's internal business operations, and (i) for Licensee's reasonable back-up and archival purposes. Licensee shall not, in whole or in part, () modify, disassemble, decompile, reverse çompile, reverse engineer, translate, copy, or in any way duplicate the Licensed Software for any purpose, or attempt to derive a source code language version of the Licensed Software, except as expressly authorized herein; or (ii) permit the Licensed Software to be sublicensed, re-marketed, redistributed, or used as part of a service bureau. All rights not expressly granted to  Licensed Software.  from time-to-time by purchasing additional licenses as provided in Section 5.  intellectual or industrial property.  2.  3.  Licensee herein are expressly reserved by DCS.    Exhibit5 5  DIVERSIFIED COMPUTER SERVICES,LL.C.  LICENSE AGREEMENT (Software & Services)  4.  License and' Technical Support Fees for Subscription Licenses. License fees and technical support fees are combined for subscription licenses. Fees and related payment terms are provided on the Confidential Product and Price List attached as Exhibit A, and Licensee shall pay fees in accordance with such terms and conditions. Licensee may purchase additional licenses. The prices stated are exclusive of all taxes based on or in any way measured by the Agreement, the Licensed Software, or any portion thereof, or any services related thereto, excluding taxes based on DCS's net income, but including personal property taxes. Licensee shall pay all such taxes either as levied by taxing authorities or as invoiced by DCS. IfLicensee challenges the applicability of any such tax, Licensee shall nevertheless Purchase of Additional Licenses. IfLicensee purchases license rights for additional Liçensed Software and/or Authorized Copies, such additional licenses shall be governed by the terms and conditions hereof. Except as may be expressly provided on the Confidential Product and Price List attached as Exhibit A, pricing for additional licenses shall be in accordance with DCS's then-current price list, which may be updated by DCS from time to time. Licensee agrees that, absent DCS's express written acceptance thereof, the terms and conditions contained in any purchase order or other document issued by Licensee to DCS for the purchase of additional licenses, shall not be binding on DCS to the extent that such terms and conditions are additional to or inconsistent with those contained in this  pay such tax and may thereafter challenge such tax and seek a refund thereof.  5.  Agreement. 6. 7. 8. 9.  Technical Support Services. DCS shall provide technical support services under the Technical Optional Customization and Implementation Services. DCS provides optional customization and implementation services under the Customization and Implementation Terms attached as Exhibit C. Services. DCS provides optional Services under the Terms attached as Exhibit D.  Support Terms attached as Exhibit B.  Unwanted Code. The Licensed Software shall not (i) contain any hidden files, (ii) be designed to replicate, transmit, or activate itself without control ofa person operating computing equipment on which itresides, (iri) be designed to alter, damage, or erase any data or computer programs without control ofa person operating the computing equipment on which it resides, (iv) contain any key, node lock, time-out, or other function, whether employed by electronic, mechanical or other means, which restricts or may restrict use or access to any program or data, based on residency on a specific hardware configuration, frequency or duration of use, or other limiting criteria, or (v) contain any software routines or components designed to permit unauthorized access. Ifany such feature be discovered by Licensee, DCS shall as soon as commercially possible deliver to Licensee a version of the Licensed Software that does not contain such feature. The foregoing is exclusive and states the entire liability of DCS with respect to 10. Warranty Disclaimers. EXCEPT AND TOTHE EXTENT EXPRESSLY PROVIDED HEREIN ANDTOTHE EXTENT ALLOWED BYLAW, DCS ONI BEHALF OF ITSELF ANDITS SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES RESPECTING MERCHANTABLITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ACKNOWLEDGES THAT NO REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT HAVE BEEN MADE RESPECTING THE LICENSED SOFTWARE OF SERVICES TO BE PROVIDED HEREUNDER, AND THAT LICENSEE HAS NOT RELIED ON ANY REPRESENTATION NOT EXPRESSLY SET OUT IN THIS AGREEMENT. LICENSEE SHALL BE SOLELY RESPONSIBLE  violations oft this Paragraphs 9.    Exhibit 5  DIVERSIFIED COMPUTER SERVICES, L.L.C.  LICENSE AGREEMENT (Software & Services)  FOR THE SELECTION, USE, EFFICIENCY, AND SUITABILITY OF THE LICENSED SOFTWARE 11. Proprietary Rights Warranty and Indemnification, DCS represents and warrants that DCS has the authority to license the rights to the Licensed Software which are granted herein. Ifa claim is made that the Licensed Software infringes any United States patent, copyright, trade secret or other proprietary right, or if DCS believes that a likelihood of such a claim exists, DCS may, in DCS's sole discretion, procure for Licensee the right to continue using the Licensed Software, modify it to make it non- infringing but continue to meet the specifications therefor, or replace it with non-infringing software of like functionality that meets the specification for the Licensed Software; provided, however, ifnone ofthe foregoing is commercially reasonably available to DCS, including all copies and portions thereof. DCS shall have no liability to Licensee for any claim of infringement pursuant to this Paragraph 11, if such claim is based on (i) combination of the Licensed Software with data or with other software or devised not supplied by DCS and/or (ii) modifications made to the Licensed Software. The foregoing is exclusive and states the entire liability of DCS with respect to infringements or misappropriation ofany Proprietary 12. Disclaimer of Incidental and Consequential Damages; Limitation ofLiability. INNOEVENT SHALL DCS BE LIABLE TO LICENSEE FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF THE LICENSED SOFTWARE, INCLUDING, BUTNOTLIMITED TO,LOSS OF DATA, OR DELAY OF DCS IN THE DELIVERY OF THE LICENSED SOFTWARE, OR INTHE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER UNDER ANY THEORY INCLUDING CONTRACT AND TORT (INCLUDING NEGLIGENCE. AND STRICT PRODUCTS LIABILITY) FOR ANY INDIRECT, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, EVEN IF THE PARTY CAUSING SUCH DAMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DCS'S MAXIMUM LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY LICENSEE TOI DCS UNDER THE CURRENT LICENSE AGREEMENT, WITHOUT 13. Ownership. Titlet to the Proprietary Rights embodied in thel Licensed Software shall remain in and be the sole and exclusive property of DCS and its licensors, except for certain customizations as provided in Exhibit C: attached hereto. Licensee shall not alter, change or remove any proprietary notices or confidentiality legends placed on or contained within the Licensed Software. Licensee shall include such notices and legends in all copies of any part of the Licensed Software made pursuant to the 14. Confidentiality ofLicensed Software. Licensee acknowledges and agrees that the Licensed Software and all copies thereof are DCS's exclusive property and constitute a valuable trade secret and contains valuable trade secrets consisting of algorithms, logic, design, and coding methodology proprietary to DCS. Licensee shall safeguard the confidentiality ofthe Licensed Software, using the same standard of care which Licensee uses for its similar confidential materials, but in no event less than reasonable care. Licensee shall not disclose or make available to third parties the Licensed Software or 15. Injunctive Relief. The parties hereby agree that any breach of any provision of this Agreement regarding confidentiality or protection of Proprietary Rights would constitute irreparable harm, and that the aggrieved party shall be entitled to specific performance and/or injunctive relief in addition to other  AND! DCS SHALLHAVE NOLIABILITY THEREFOR.  Rights by the Licensed Software.  REGARD TO EXTENSIONS OR RENEWALS.  Agreement.  any portion thereofwithout: DCS's prior written consent.  remedies at law or in equity.    Exhibit 5  DIVERSIFIED COMPUTER SERVICES, L.L.C.  LICENSE. AGREEMENT (Software & Services)  16. Subscription Term. The term ofthis Agreement shall commence as ofthe Effective Date hereof and shall continue until September 30. 2022. This Agreement is subject to earlier termination as  otherwise provided herein. 17. Termination.  17.1 DCS may terminate this Agreement and any liçense granted tol Liçensee hereunder at any time if () Licensee fails to pay DCS any amount due hereunder when due; (i) Licensee is in default of any other provision hereof and such default is not cured within 10 days after DCS gives Liçensee written notice thereof; or (iii) Licensee becomes insolvent or seeks protection, voluntarily or involuntarily, under 17.2 In the event of any termination of the Agreement or of any license granted hereunder, DCS may: ()require that Licensee cease any further use of the Licensed Software or any portion thereof and immediately return the same and all copies thereof, in whole or in part, to DCS; and (i) cease 17.3 In the event DCS discontinues technical support for its Licensed Software for any reason whatsoever, Licensee may elect to either (i) terminate this Agreement, cease any further use of the Licensed Software or any portion thereof, and immediately return the same and all copies thereof, in whole or in part, to DCS; or (i) continue to use the Licensed Software upon the same terms and conditions provided in this Agreement, except that DCS will have no obligation to Licensee including, but not limited to the obligation to provide techniçal support, updates, or upgrades. As long as Licensee continues to use the Licensed Software under (ii) above, Licensee shall be required to pay to DCS 85%of the then current license fees and techniçal support fees as provided in Section 4. DCS shall give Licensee 90 days written notice prior to discontinuing technical support for its Licensed Software. This Section 17.4 Upon termination of this Agreement for any reason by the Licensee, other than termination under Section 17.3, Licensee shall remain responsible for the license fees and technical 18. Return of Materials. Within ten (10) days of the expiration or termination hereof, Licensee shall return to DCS the Licensed Software and all copies of all other materials supplied by DCS and shall delete all copies thereof. All data entered in the Licensed Software by Licensee shall remain the property of the Licensee, and Licensee shall be entitled to remove such data prior to deleting the Licensed Software. Upon request of Licensee, DCS will provide assistance in removing the Licensee's data at 19. Arbitration. Except for actions to protect Proprietary Rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to the Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Montgomery, Alabama. The arbitrator shall apply the laws of the State of Alabama to all issues in dispute. The findings oft the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Legal fees shall be awarded to the prevailing party in the 20. Notices. Any notice or communication required or permitted to be given hereunder may be  any bankruptcy law.  performance ofall ofDCS'sobligations hereunder, without liability to Licensee.  17.3 shall survive the termination of this Agreement.  support fees provided in Section 41 through the end of the term of this Agreement.  DCS's standard hourly rate.  arbitration.    Exhibit. 5  DIVERSIFIED COMPUTER SERVICES,LL.C.  LICENSE AGREEMENT (Software & Services)  delivered by hand, deposited with an overnight courier, sent by email or facsimile (provided delivery is confirmed), or U.S. Mail (registered or certified only), return receipt requested, in each case to the address set forth on the initial page hereof or at such other addresses as shall be designated in writing by either party to the other in accordance with this Section. Such notice will be deemed to be given when received. 21. Assignment. Licensee shall not assign this Agreement or any right or interest under this Agreement, nor delegate any work or obligation to be performed under this Agreement, without DCS's prior written consent. Any attempted assignment or delegation in contravention of this Section shall be 22. Continuing Obligations. The following obligations shall survive the expiration or termination hereof: () any and all warranty disclaimers, limitations of liability and indemnities granted by either party herein, (ii) any covenant granted herein for the purpose of determining ownership of, or protecting, the Proprietary Rights, including without limitation, the confidential information of either party, or any remedy for breach thereof, and (iti) the payment oft taxes, duties, or any money to DCS hereunder. 23. Independent Contractors. The relationship oft the parties is that of independent contractor, and nothing herein shall be construed to create a partnership,, joint venture, franchise, employment, or agency relationship between the parties. Licensee shall have no authority to enter into agreements of any kind on behalf of DCS and shall not have the power or authority to bind or obligate DCS in any manner to any 24. Force Majeure. Neither DCS nor Licensee shall be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts ofGod, acts of civil or military authority, fires, riots, wars, embargoes, 25. ExportLaws. For all or any portion of the Licensed Software exported, re-exported, transported or transmitted outside the United States by any means, including without limitation, by physical delivery, email, electronic transmission, or download from a web site, Licensee shall comply fully with all relevant export laws and regulations of the United States to assure that neither the Licensed Software nor any direct product thereof, is exported directly or indirectly whether pursuant to a permitted transfer, or otherwise pursuant to the terms oft this Agreement, in violation of the United States law. Upon request, DCS shall provide relevant information regarding DCS's compliance with such laws and regulations. 26. Miscellaneous. This Agreement shall be construed under the laws of the State of Alabama, without regard to its principles of conflicts of law. This Agreement constitutes the entire understanding oft the parties with respect to the subject matter oft this Agreement and merges all prior communications, understandings, and agreements. This Agreement may be modified only by a written agreement signed by the parties. The failure ofe either party to enforce at any time any ofthe provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any  void and ineffective.  third party.  oro communications failures.  provision hereof.    Exhibit 5  DIVERSIFIED COMPUTER SERVICES, ,L.L.C.  LICENSE AGREEMENT (Software & Services)  IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed below.  Diversified Computer Services, L.L.C.  1  8.1.2021  By:  Date:  & Danny L. Floyd  4M8  Title: Owner  Dale County) Engineer'sOffice 4  By:  Date:  9-14-21  Brewer  Title: County Engineer    Exhibit 5  DIVERSIFIED COMPUTER SERVICES, L.L.C.  LICENSE AGREEMENT (Software & Services) EXHIBITA PRODUCT ANDI PRICEI LIST  1. Description ofLicensed Software. County Information Management System (CIMS)  2. Primary User/Copies.  User  Copies Unlimited Copies  Dale County Engineer's Office *includes CIMS Mobile App (5 users)  3. Expansion User(s)/Copies. 4. Standard Modules.  User None  Basic  Appliçation Inspections Projects  Other Reports Admin Utilities  Activities Bridges Departments Roads  Equipment Accidents Herbicides Materials Budget  Problems Purchases Help Signs Time  Documents Inventory  Employees Vendors Expenses Job Cost  Fuel Garage Monthly Fee $100 $250  Management Subdivisions Mapping  Permits Selected No Yes  5. Expansion Modules.  Module GIS Solid Waste  6. License and Technical Support Fees for Subscription License. License and technical support fees are billed on a monthly basis and are payable within thirty (30) days of invoice date. The license fees  schedulei is as follows:  Description  Monthly Fee $700 $0 $0 $250 $950  Primary User - Standard Modules Expansion User - Standard Modules Expansion Modules- - GIS Expansion Modules - Solid Waste Total Monthly Fee  The license fees are exclusive of all taxes based on or in any way measured by the Agreement, the Licensed Software, or any portion thereof, or any services related thereto, excluding taxes based on DCS's net income, but including personal property taxes. Licensee shall pay all such taxes either as levied by taxing authorities or as invoiced by DCS. IfLicensee challenges the applicability of any such tax, Licensee shall nevertheless pay such tax and may thereafter challenge such tax and seek a 7. Authorized Computers. Licensee shall be entitled to copy, distribute, install, and use the Licensed Software only on a single computer for each number of Authorized Copies provided herein and/or transmit the Licensed Software over an internal computer network, provided that Licensee acquires  refund thereof.    Exhibit 5  DIVERSIFIED COMPUTER: SERVICES,L.L.C.  LICENSE AGREEMENT (Software & Services)  and dedicates an Authorized Copy of the Licensed Software for each computer on which the Liçensed Software is used or to which iti is transmitted over the internal network. Notwithstanding anything to the contrary contained herein, use of the Licensed Software as provided above is authorized only to the extent of Authorized Copies under licenses which have been fully paid hereunder. In no event shall the Licensed Software be copied, distributed, installed, or used on computers not under the  control ofLiçensee.    Exhibit. 5  DIVERSIFIED COMPUTER SERVICES,LL.C.  LICENSE AGREEMENT (Software & Services) EXHIBITB TECHNICAL SUPPORT1 TERMS  These Technical Support Terms are intended to be part of the attached Software License Agreement made and entered into by and between DCS and Licensee. These Technical Support Terms may be discontinued or terminated independent of the Software License Agreement, as provided below. 1. Support Hours for Telephone and Email. DCS shall assign DCS Support Contact(s) to DCS's telephone and email "help desk" at least from 9:00 a.m. to 4:00 p.m., Central time, Monday through 2. Critical Problems. For Critical Problems with Licensed Software reported by telephone, ifLicensee isu unable to contact a DCS Support Contact with Licensee's initial call, a DCS Support Contact will use commercially reasonable efforts to return the call within four (4) hours ifLiçensee's call is made within the Support Hours, or within four (4) hours after the start of the next Support Hours if Licensee's call is made outside Support Hours. DCS shall use commercially reasonable efforts to promptly fix on a priority basis any Critical Problem. For purposes hereof, the term "Critical Problem" shall mean a Liçensed Software error (i) which renders the Licensed Software inoperative or causes the Licensed Software to substantially fail, or (ii) which substantially degrades the performance of the Licensed Software or materially restricts use of the Licensed Software. Licensee acknowledges that the Licensed Software is complex and may not be error free and that all errors, if 3. Routine Support. For Routine Support requests reported by email or by telephone, a DCS Support Contact shall use commercially reasonable efforts to respond by email or by telephone within twenty- four (24) hours ifLicensee's call is made within the Support Hours, or within twenty-four (24) hours after the start of the next Support Hours ifLicensee's call is made outside the Support Hours. DCS shall use commercially reasonable efforts to respond to questions or to fix Routine Support issues. For purposes hereof, the term "Routine Support" shall mean () a question regarding the use or operation of the Licensed Software, or (ii) an error which causes only a minor impact on the use of the Licensed Software. Licensee acknowledges that the Licensed Software is complex and may not 4. Exclusions. DCS will not be responsible for failure to correct a problem or to the extent that DCS is unable to replicate the problem, or if the problem is caused by (i) misuse of the Licensed Software, (ii) failure by Licensee to utilize compatible computer and networking hardware and software, (iii) interaction with software or firmware not provided by DCS, (iv) any change in applicable operating system software, (v) the failure ofLicensee to install Updates to the Licensed Software provided by DCS, or (vi) a problem not caused by the Licensed Software. In any such event, DCS will. advise Licensee and, upon. request, will provide such assistance as Licensee may reasonably request with 5. Support Contacts. DCS shall maintain a sufficient number of technical support personnel to ensure prompt responses to Licensee during Support Hours, and Licensee shall designate one of its employees as its principal technical contact for technical support issues under these Technical Support Terms (each being a Support Contact). Licensee may change its technical contact upon  Friday, excluding national holidays (the "Support Hours").  any, may not be correctable or avoidable.  bee error free and that all errors, ifany, may not be correctable or avoidable.  respect to such problem at DCS's standard hourly rate ($95) for support.  giving written notice to DCS of the name ofthe new Support Contact.    Exhibit 5  DIVERSIFIED COMPUTER SERVICES, L.L.C.  LICENSE AGREEMENT (Software & Services)  6. Cooperation. Licensee acknowledges (i) that certain services to be provided by DCS regarding Critical Problems and Routine Support may be dependent on Licensee providing certain data, information, assistance, or access to Licensee's systems, (collectively, "Cooperation"), and (ii) that such Cooperation may be essential to the performance of such serviçes by DCS. The parties agree that any delay or failure by DCS to provide services hereunder which is caused by Licensee's failure to provide timely Cooperation reasonably requested by DCS shall not be deemed to be a breach of 7. Upgrades and Updates: Version Limitations on Support. DCS may release Updates and/or Upgrades for the Licensed Software. During the term of this Agreement, () Updates will be provided to Licensee at no additional charge, and (ii) Upgrades shall be made available at DCS's published price and terms. For purposes hereof, the term "Update" shall mean revisions or additions to the Licensed Software which are intended to correct errors, improve efficiency, or to incorporate additional or alternative functionality (as indicated by a number to the right of the decimal, e.g. 2.1). Licensee will use reasonable efforts to implement any Update as soon as practicable after receipt. DCS agrees that no Update or Upgrade will adversely affect form, fit, function, reliability, safety or serviçeability of the Licensed Software. Following the release of any Update, DCS will continue to provide technical support services under these Technical Support Terms for thet then current and immediately preceding Update release. DCS shall not be obligated to provide technical support services under these Technical Support Terms for Updates that are not the then current or immediately preceding Update 8. Term of Support. Licensee will be entitled to receive technical support services under these Technical Support Terms at no additional charge during the term of this Agreement, and such services shall cease upon the expiration or termination of such subscription license. 9. Termination. Notwithstanding anything to the contrary contained herein, in the event this Agreement is terminated for any reason, these Technical Support Terms shall also terminate at the same time 10. Installation. This Agreement does not include installation of the Licensed Software, Updates, or Upgrades. Upon request by Licensee, DCS shall assist Licensee with respect to such installation at  DCS'sperformance obligations under this Agreement.  release.  without further notice.  DCS's standard hourly rate ($95) for support.    Exhibit 5  DIVERSIFIED COMPUTER SERVICES,LL.C.  LICENSE AGREEMENT (Software & Services) EXHIBITC  CUSTOMIZATION ANDIMPLEMENTATIONTERMS  These Customization and Implementation Terms are intended to be part of the attached Software License Agreement made and entered into by and between DCS and Licensee. Customization and Implementation Terms may be discontinued or terminated independent of the Software License Definitions. Capitalized terms used in this Exhibit and not otherwise defined shall have the same meaning as set forth in the body of the Agreement. As used herein, the following words shall have the Customization and Implementation Services. DCS shall be under no obligation to customize DCS Product(s) or to provide services for the implementation of the Licensed Software; however, DCS may agree to customize DCS Product(s) and/or to provide implementation services in accordance with a written Work Order mutually agreed upon and executed by the parties. The following administrative control procedures shall control any such Work Orders for customizations or implementation services, or change orders for any such services previously agreed upon: (i) Licensee shall submit a written request to DCS in detail sufficient to evaluate the scope of such requested work; and (i) DCS shall promptly evaluate same and send a written summary of such evaluation and acceptance or non-acceptance to Licensee. Licensee may respond with additional requests, and this process shall be followed continuously until either party declines to continue, or upon the execution of a mutually agreeable Work Order. DCS shall be the sole and exclusive owner of all Proprietary Rights embodied in any customizations made to the DCS Product(s). Licensee hereby transfers and assigns to DCS any rights Licensee may have in any Fees for T&M Services. Except to the extent agreed otherwise in a Work Order executed by both parties, DCS shall provide customization and implementation services on a time and materials ("T&M") basis; that is, (i) Licensee shall pay DCS for all the time spent performing such services, plus materials, taxes, and reimbursable expenses; and (ii) the rates for such services shall be DCS's then current standard rate ($95) when such services are provided. Any monetary limit stated in a Work Order for T&M services shall be an estimate only for Licensee's budgeting and DCS's resource scheduling purposes. If the limit is exceeded, DCS will cooperate with Licensee to provide continuing services on a T&M basis. DCS shall invoice Licensee monthly for T&M services, unless otherwise expressly specified in the applicable Work Order. Charges shall be payable thirty (30) days from receipt ofinvoiçe. Services Warranty. DCS warrants that any services performed under this Exhibit will be performed in a good and workmanlike manner and consistent with generally accepted industry standards. Other than as stated herein, DCS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES UNDER THIS  Agreement, as provided below. meanings set out below.  1. 2.  such customizations. 3.  4.  EXHIBIT.    Exhibit 5  DIVERSIFIED COMPUTER SERVICES, L.L.C.  LICENSE AGREEMENT (Software & Services) EXHIBITD BUSINESS SERVICES TERMS  These Business Services Terms are intended to be part of the attached License Agreement made and entered into by and between DCS and Licensee. Business Services Terms may be discontinued or Beginning October 1*, 2021, the standard CIMS Monthly Subscription will include the CIMS Mobile Application for 5 users as a standard feature. Licensees can elect to add additional users for the CIMS Mobile Application for an additional monthly fee by completing the next section.  terminated independent of the License Agreement.  1.3 CIMS Mobile Application. Licensee  does or  does not elect to subscribe to additional  CIMS Mobile Application users for the fiscal year 2022. annual CIMS invoice (please select one):  Licensee elects to participate in the following additional subscription level to be included on each the  Select  #of Users 1-5 6-10 11-25 26-50 50-100  Monthly Fee Included $25 $50 $75 $100  Licensee shall complete the included form with information regarding each user.  A16  9-14-21  (Date)    Exhibit 6  FY22 Budget  Dale County Commission  BUDGET FY 21 229,254.48 32,769.87 1,000.00 27,257.33 44,224.58 308.16 19,546.37 1,895.37 0.00 1,946.70 1,194.00 12,000.00 194.00 0.00 2,000.00 450.00 0.00 34,300.00 8,000.00 3,000.00 2,000.00 1,500.00 1,500.00 34,560.00 2,700.00 2,300.00 12,000.00 550.00 1,700.00 1,500.00 8,500.00 2,500.00 1,000.00 500.00 2,000.00 3,200.00 4,000.00 2,000.00  120-51810 Appraisal 113 Other Salaries and Wages 114 Part-Time Salaries 116 Overtime Pay 121 Retirement! Match 122 Health Insurance 123 Lifel Insurance 124 FICA Match 125 Workers Compensation 126 Unemployment. Insurance 127 Cost of Retireel Insurance 141 Dental Insurance 154 Legals Services 156 Employeel Drug Testing 164 Accounting & Auditing Services 170 Training/Education 171 Dues 179 Aeriall Photography 181 Flagship/ /ESRI 211 Office Supplies andl Minor Offi 212 Fuels and Lubricants 224 Postage Machine Rental 233 R&M-Office! Equipment 234 Repair/ /Maint toN Motor Vehicle 235 R&MI Datal Processing Equip 241 R&M Appraisal Datal Processing Software 243 Utilities 251 Telephone 252 Postage 253 Advertising 255 Cell Telephone Charges 262 Mileage 264 Room andl Meals 265 Registration /Training 271 Insurance on Building Contents 272 Insurance on Motor Vehicle 274 Genl Liability Insurance 407 Vehiçlel License 409 Subscriptions 470 Equipment & Furniture 541 Direct Equipment 550 Motor Vehicle- Capital 580 Computer Hardware 586 Computer Software Totals  262,024.35  359,590.87  503,350.87  120 Reappra    State of Alabama  Exhibit 7  KAYIVEY GOVERNOR  TE  STEVENP. LAFREI EXECUTIVE DIREC  Post Office Box 66 Mt. Meigs, Alabama 36057  August 27, 2021  To: Juvenile Court. Judge ChiefProbation Offiçer  From: LeTonya Bowpean  Ow NESSEL  Re: Long Term Détention Subsidy Contract  Please find ençlosed yourlong,term detention subsidy contract for FY2022. Please complete the form by choosing a détention center and! have the form signed by the Chairman ofthe County Commission. The form'should then be returned to me at the  address listed below: LeTonya Bowman Department of Youth Serviçes" P.O, Box 66 Mt. Meigs, AL 360574  f  2  Thank you for your assistançe int this matter and ifs you need any additional information  please contact me at (334)215:3839-  FLORIDA Guif ot Merks AT  f  -    Exhibit 7  ALABAMA DEPARTMENT OF YOUTH SERVICES LONGTERM: DETENTION SUBSIDY CONTRACT  THIS CONTRACT: is made and entered into by and between Dale  called "County") and the Alabama Department of Youth Services (hereinafter County (hereinafter called  "DYS")  WITNESSETH  For and in consideration oft the mutual covenants herein contained, and other 1. Thej purpose oft this agreement is toj plan for detention bed use for the juvenile court ofI Dale County for the period October 1, 2021 through September 2. DYS shall pay for the benefit of County, a sum determined by the Youth Services' Board, said payments made as herein specified, for the purposes 3. These said payments may be made for the benefit of County regardless of other payments made to or for the benefit of County. 4. Said payments shall be made: for the benefit ofCounty to the juvenile 5. County shall contract with the detention center ofits choice for detention (and other) services, which contract shall be subject to review and approval of 6. County shall not reduce its level of support for the juvenile court or juvenile services and facilities presently supported by County on account oft the credit IN WITNESS WHEREOF, County and DYS has caused this agreement to be executed for each and in the name of each by the persons indicated below, in duplicate, either copy ofwhich may be considered an original. Indicate Detention Center chosen by County. to receive funds below:  and valuable considerations, the parties hereto do hereby agree as follows:  good 30,  2022. herein set out.  detention center ofits choice.  DYS.  for payments made hereunder.  Sounenst Clolama Duesion Conter  Shes h Chairman, Counfy Commission  ALABAMA DEPARTMENT OF YOUTH SERVICES  Steven P. Lafreniere Executive Director  Legal Counsel (Approved as to form Department ofYouth Services  only)    Exhibit 8  LEASEAGREEMENT  (Aportiono of Hangar 5. Dothan Regional Airport)  This LEASE is entered into by and between the Dothan-Houston County Airport. Au- thority, Inc., hereinafter referred to as) LESSOR, and Dale County, Alabama, hereinafter referred  toasLESSEB. as follows:  1. LEASE. Subject to the rents, covenants, and conditions set out herein, LESSOR hereby leases tol LESSEE on an exclusive basis that portion of Hangar 5, Dothan Regional Air- port, depicted as "Area A" on the floor plan attached hereto as Exhibit "A" and consisting ofap- proximately 7805 square feet ofhangar space, and 165 square feet ofoffice: space (collectively, the' "Premises"). Inaddition to thel Premises, LESSOR shall make available tol LESSEE thex re- strooms, hallways, sidewalks, parking areas, elevators, entrances and exits and utility facilities (collectively, the "Common Areas". together with the right ofi ingress and egress over, across, and through the "storageinclement weather" space [but not office spaces or other storagel in Hanger 5 depicted on Exhibit"A"as" "Area] B" (Walls Aviation, or its successor shall be referred to) herein as "Co-Tenant"): as needed for LESSEE's use and enjoyment ofthe Common Areas. For purposes hereinabove, "exclusive" means LESSEE shall have sole use oft the Premises for their intended use; provided, however, the "storage/inclement weather" space [but not office spacel constituting the Premises shall be subject to Co-Tenant'sr rightofingress: andie egress over, across, and through the Premises as necessary for Co-Tenant's use and enjoyment of the Com- mon Areas. Iti is understood that the parking areas comprising part oft the Common Areas are lo- cated across Flightline Drivei in thet triangular shaped parking lot. This parking area is not exclu- 2. IMPROVEMENTS Lessee accepts possession of the premises leased hereunder int their present condition and without any representation or warranty. ofany kind by Lessor. The parties intend that the Lessor lease, demise and let, and the) Lessee accept thej premises in an "As Is" condition "With AIl Faults". The parties agree that LESSEE shall have the right to alter, modify, repair, and maintain any buildings, structures, or improvements constructed or installed upon the premises leased hereunder unless such shall be contrary to applicable laws and ordi- nançes or regulations issued by the Federal Aviation Administration: or the Transportation: Secu- rity Administration. LESSOR shall have the righttoi inspect the plans and specifications ofany such building, structure, or other improvements prior to construction or installation. Any addi- tions or aiterations oft the extemal appearance or the location or type of construction must meet  sivet tol Hangar 5 andi may be shared with the occupants ofHangar 4.  1    Exhibit 8  the approval of LESSOR's engineer as to Federal Aviation Administration requirements, uni- formity of appearance, and for safe use of the Airport. No restrictions shall be placed upon LESSEE as to the architects, builders, or contractors who may be employed by it in connection with the construction, installation, alteration, modification, repair or maintenance of any such buildings, structures, or improvements. LESSOR shall. provide free ingress, within the limita- tions ofTSA regulations, from the leased premises for all persons, materials, or equipment con- nected with the construction, installation, alteration, modification, repair, or maintenance thereof. Titlet to all buildings and permanenti improvements: to the LEASED PREMISES shall immediate- ly vest in LESSOR upon construction: or development subject to the rights of LESSEE AS LESSEE hereunder. However, all items of personal property or improvements which shall not 3. TERM. Thet term ofthis LEASE shall bed for twenty-four (24) months commenc-  be ofap permanent nature shall remain the property OfLESSEE. ing on October 1, 2021, and ending on September 30, 2023.  USEOF PREMISES. Itis agreed by the parties that the premises leased and the  improvements thereon shall be for the purpose of occupancy as an aircraft hangar unless  LESSOR shall agree in writing to adifferent use of the premises.  5. RENT. During the term hereof, LESSEE shall pay LESSOR rental at a rate of $30,000 per annum payable in monthly installments of $2,500 commencing on the execution date ofthe Lease and ont the tenth day ofeach month thereafter during the 24-month term hereof. 6. UTILITIES. LESSOR will pay when due all charges for water, sewer, gas, heat, light, power, internet, telephone service, electricity.refuse collection, and other utility and com- muniçation: services rendered or used on or about allo or any part ofthe Premises. For that portion. of the term hereof in which a Co-Tenant is occupying a portion of Hangar 5, LESSEE shall re- imburse LESSOR for one-half oft the costs of the utilities. For any portion of the term hereofin which a Co-Tenant is not occupyinga a portion of1 Hangar 5, LESSEE shall reimburse LESSOR: 100% ofthe costs ofther utilities. LESSEE shall reimburse LESSOR for utilities monthly, within  ten (10) daysfLESSOR'S. demand therefor. 7. INSURANCE.  Casualty Insurance. LESSOR shall maintain ati its expense fire and extended COV- erage insurance on the improvements and buildings located on the leased proper- ty, excluding foundations, ramps and roadways. LESSEE shall reimburse  2    Exhibit 8  LESSOR monthly for one-half the cost toi insure the leased premises. Suchi insur- ançe shall run ini favor OfLESSOR and] LESSEE asi interest may appear, and shall be in an amount equal to the replacement cost of such buildings and improve- ments, In the event ofa any loss or damage to the premises by fire or by any ofthe hazards included under the term "extended coverage" insurance, and so insured against, there shall be no abatement. of rent on account thereof, but the insurance proceeds shall be used ton restore and rebuild the premises to the extent thereof, in accordance with plans and specifications approved by LESSOR. Liability Insurance. LESSEE shall maintain general liability insurance for its business operations and shall name the LESSOR as an additional insured on this policy. Copies ofall policies shall be furnished to) LESSOR. 8. DEFAULT, LESSEE hereby agrees that if rents herein mentioned- are not paid when due on the tenth day oft the month, or ifdefault be made in the performance of any ofthe other covenants on its part herein contained and shall not have been corrected within thirty (30) days after written notice has been given by LESSOR,; such default or breach shall, at the option ofthel LESSOR, work asa at termination ofthis lease tot the same extent and with all the legal inci- dents as if the term hereof had expired by lapse of time, and LESSOR, its representatives or agents, shall thereupon be entitled to enter said premises either with or without process of law andi repossess the same and to distrain for any rent that may be due thereon, all at the election of the LESSOR and without prejudice to other rights and remedies which it may have. LESSOR may, in the event of default, declare all oft the balance of the rents due for the remaining lease term immediately due and payable and may proceed for collection of same. Upon default, LESSEE agrees toj pay all costs ofcollectioni including areasonable attorney's fee.  In the event the LESSEE shall be adjudicated al bankrupt or shall file voluntary proceed- ings in bankruptcy or in case ar receiver shall be appointed for the LESSEE, then the LESSOR may, at its option, terminate this lease and retake full possession of the property and improve-  ments thereon.  9. SUBLETTINGO OR ASSIGNMENT OFLEASE. LESSEE shall have no rightto sublease or assign this LEASE without permission to do so in writing from LESSOR. Such  permission shall not be unreasonably withheld.  3    Exhibit8 8  10. MAINTENANCE AND MISCELLANEOUS. LESSEE covenants with LESSOR; to pay the rent set out herein for the use of said premises and all other rights at the times wheni its shall become due and payable, without demand for same; to commit no waste nor to suffer the same to be çommitted thereon, nor to use the same for any unlawful purpose; to comply with all governmental. bodies and agencies having jurisdiction thereof, tol keep and main- tains said premises in substantially as good condition as the same are in at the commencement of the term hereof, reasonable wear and tear, natural aging, and damage by the elements of force majeure excepted; and upon termination: or expiration of the tenancy, without demand, to deliver ups said premises tol LESSOR. LESSOR shall maintain the roof, foundation, underground plumb- ing, and structural support tofthel hangar. Its shall bet the obligation OfLESSEE hereunder to main- tain normal wear and tear items that it uses, including periodic maintenance as such becomes necessary, ofall buildings andi improvements hereafter located oni the leased premises.  11. BINDINGEFFECT Thisl LEASE shall be binding upon each ofthe parties here- EXECUTED: on this_ H day of Spleakram  to, their successors and assigns.  LESSOR:  DOTLAMHOUSTONCOINTY RPORTAUTHORITY,NC. By: Adam Its: Executivel Director G LESSEE:  DALECOUNTY.ALABAMA Sha Mifener By: Steve McKinnon Its: Commission Chairman    Exhibitg  LESSOR ACKNOWLEDGMENT  STATE OF ALABAMA DALE COUNTY  I thet undersigned, al Notary Public in and for said County and State aforesaid, dol hereby certify that Adam Hartzog, whose name. as Executive Director of the Dothan-Houston County Airport Authority, Inc., a Corporation, is signed to the foregoing LEASE and who is known to me, acknowledged before me on this day, that being informed of the contents ofthel LEASE,he as such officer, and with full authority, executed. the same voluntarily for and as the act of said  Corporation ont the dayt the same bears date.  Given under my hand, this lavetsdphlw 2021.  My commissions expires, aaslas  Hengi Ma NOTARYPUBLIC (SEAL)  EBSEEACKOMIEDMENT  STATE OF ALABAMA DALE COUNTY  1, the undersigned, al Notary Publiç in and fors said County and State aforesaid, do hereby certify that Steve McKinnon whose name as Commission Chairman of the Dale County, Ala- bama, is signed to the foregoing LEASE and who is known to me, acknowledged before me on this day, that being informed ofthe contents oft thel LEASE he, as such officer, and with full au- thority, executed: the same voluntarily for and as the act of saidj political subdivision on the day  the same bears date. My commission expires 060-22  Given under my hand, this 1Hbat Sphkrm  y    Evhibits  EXHIBIT-A'-HANGARSFLOORPLAN  Area A  AraB  04