MISS  Dale County Commission Commission Meeting Minutes = June 9, 2020  The Dale County Commission convened in a regular session Tuesday, June 9, 2020. The following members were present: Chairman Mark Blankenship; District One Commissioner Chris Carroll; District Two Commissioner Steve McKinnon; District Three Commissioner Chairman Blankenship called the meeting to order at 10:30am. Commissioner Wilson opened  Charles W. Gary and District; and Four Commissioner Frankie Wilson. with the Pledge of Allegiance. Commissioner Gary followed with prayer.  APPROVED - AGENDA  Commissioner McKinnon made a motion to approve the agenda with the following changes:  Delete: Item #2- Solid Waste monthly cost increase.  Addition: Status of EMA Director.  Commissioner Gary seconded the motion, all voted aye. Motion carried.  APPROVED - MEMORANDUM OF WARRANTS  Commissioner McKinnon made a motion to approve the following Memorandum of Warrants:  Accounts Payable Check Numbers 86847-87002. Payroll Check Numbers: 154670-154672.. Direct Deposit Check Numbers: 34712-34848.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED = MAY19,2020 MINUTES  Commissioner Carroll made a motion to approve the Minutes of the Commission Meeting on  May 19, 2020.  Commissioner McKinnon seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - June 9, 2020  Page 2of3  APPROVED - PERSONNEL  Commissioner McKinnon made a motion to approve the following:  Dale Myer - Sheriff Dept. - Promotion from Deputy Sheriff to Sgt. (3% increase) Christopher Spurlock = Sheriff Dept. - Promotion from Sgt. (grade XI) to Brittany Thompson - Custodian grade III - Maintenance Dept. - $10.75 per hour  Lieutenant (grade XII).  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - PURCHASE TRAILER - SOLID WASTE  Commissioner Wilson made a motion to approve the purchase of a Tandem Axle Dump Trailer in the amount of $6,000.00 to $6,500.00. This will be a line item adjustment in the  Budget.  Commissioner Gary seconded the motion, all voted aye. Motion carried.  APPROVED - ELECTION FUNDING GRANT  Commissioner Gary made a motion to approve an Application for Election Expense Funding  Related to COVID19. See Exhibit 1.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - ACCA LEGISLATIVE COMMITTEE NOMINEE  Commissioner McKinnon made a motion to approve Commissioner Wilson to serve on the  2020-2021 ACCA Legislative Committee.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - DALE COUNTY BOARD OF EDUCATION REQUEST  Commissioner Gary made a motion to approve a demolition project for the Dale County Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  Board of Education. See Exhibit 2.    Dale County Commission  Commission Meeting Minutes - June 9, 2020  Page3of3  APPROVED - COUNTY RD9 AGREEMENT -F ROAD & BRIDGE  Commissioner Gary made a motion to approve the Construction Agreement for Federal Aid Project for the widening and resurfacing on County Rd 9 from the Houston County Line to  SR-134. See Exhibit 3.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - STATUS OF EMA DIRECTOR  Commissioner McKinnon made a motion to approve the written Notice of Intent to Terminate and to set a Due Process Hearing for Tuesday, June 16, 2020 at 10:00 am. See Exhibit 4.  Commissioner Gary seconded the motion, all voted aye. Motion carried.  ANNOUNCEMENT = NEXT REGULAR MEETING  Chairman Blankenship announced that the next regular meeting of the Dale County  Commission will be Tuesday, June 23, 2020 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Wilson made a motion to adjourn the meeting. Commissioner Gary seconded Itis is hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered into the minutes of the Dale County Commission as its official actions.  the motion. All voted aye. Motion carried.  l  Mark Blankenship, Commission Chairman    Exhibit 1  AL ABAMA STATECAPTTOL 600 DEXTER AVENUE SUITES-105 MONTCOMIRY.AL36130  (334)242-7200 FAX (334)242-4993 WWWSOKALABAMASOV OIN.MERRIL@SOS-ALABAMA.GOV  JOHN H. MERRILL SECRETARY OF STATE  APPLICATION FOR ELECTION EXPENSE FUNDING RELATED TO COVID-19  County Information County Name: Mailing Address: (Address where check will be mailed)  Dale County  202 S. Hwy. 123, Suite C Ozark, AL36360  Name of Primary Contact: Direct' Telephone Number:  Cheryl Ganey 334-774-6025, Ext. 2405 ganey@caecounvy.org Sharon Michalic 334-774-2754, Ext. 2632 oatigeeseaunaoy  Email:  Name of Secondary Contact: DirectTelephone Number:  Email:    Exhibit 1  Items Requested for Funding  Please complete this section indicating the items or services) you will purchase or fund with the COVID-19 pandemic response expenditures. In order to be eligible to receive funds, you must complete all areas in  this section. You must attach a quote or invoice for the items requested.  Items or Services tol be Purchased or Funded with Concise Description Absentee election manager fee 110 poll workers @ $25.00 ELECTION SYSTEMS & SOTWARE,LLC 50 voting machine touch-screen cleaning kits @ $10.95 each BOOSTERS, INC 250-20z. hand sanitizer U.S. BUSINESS PRODUCTS, INC Bik BP pens, 60 ct. 50 boxes @ $7.45 3-ply disposable masks/50 per box x 50 boxes @ $45.00 SUPERIOR MAINTENANCE SUPPLY 20 hand sanitizer stands 4 cases hand sanitizer refills with 70% alcohol 2500- 3-ply face masks Vinyl Gloves- - 10 cases AMAZON.COM 3x 100 pcs safety face shield with protective clear film to protect eyes & face PREMIER CARPET CARE Pre- and post cleaning for primary runoff polling locations  Cost ofItems (Must attach quotel ori invoice) $4,625.00 $2,750.00 $547.50 $567.50 $372.50 $2,250.00 $2,500.00 $556.00 $3,125.00 $390.00 $826.94 $17,566.80  Reason for Purchase/Funding  Lengthened absentee voting period March 4th- May 19th Additional compensation & general elections general elections  Insure proper cleaning agent on voting machine screens w/alcohol for COVID-19 virus for runoff Individual hand sanitizers for runoff and Disposable pens for voters to mark ballots Masks for poll workers & voters for runoff Sanitizing stations for runoff & general elections Sanitizing stations for runoff & general elections Masks for poll workers & votersigeneral election Gloves for runoff & general elections Protection for poll workers in runoff & general Professional pre- and post cleaning of polling locations for COVID-19 for runoff elections  election  TOTAL:  $30,077.24  Please provide details for each non-repeating item for which you are seeking funding.  Make additional pages,"fnecessary.    Exhibit 1  Total Request & Certification  Total Amount of Funding Request  30,077.24  1 ThlOIso  inr my capacity as Sheriff of  Del  County, submit  this applicationi for Election Expense Funding relatedt to 04 $  (Sheriff shall: sign this certification: ifany requesfed fundingi is applicable tot the Sheriff)  I,. Sharon A.Michalici in my capacity as the) Judge of Probate of Dale  County, submit this application for Election Expense Funding related to COVID-19.  Shaor G. Wchalic  Qudge of Probate shall sign this certincationi ifanyr requestédi funding is applicable tot the) Judgec ofProbate)  DelOres woodnam in my capacity as the Absentee Election Manager of  Dale  County, submit this application for Elecyion,Expense! Fyndingrelatedi to COVID-19.  ALIOnA Wopthans  (Absentee Election Manager shall sign this certificationifanyl requested fuhdingisapplicablel tothel Absenteel Election  Manager)  I,.  in my capacity as Chair/President of  County Commission, submit this application forl Election Expense Funding related to COVID-19: for the aforesaid county. By signing this application, I certify that alli information contained. herein is accurate: and complete to the best of my knowledge, that all state purchasing: and/orl bid) laws and/ or local purchasing regulations havel been strictly followed related to thej proposed purchase(s), that the amount for which I am seeking funding willl be: spent only oni items or services in this application and that noi individual or company for which funding willl be spent has been suspended or debarred from access to lacknowledge that any misrepresentation of truth or accuracy may require that all grant monies awarded to the county be returned to the Alabama Secretary of State's Office or the United States Election Assistance Commissionand thatany other  federal funds.  penalties] provided by Federal and Statel lawi maya apply.  Name of County: Signature of Chair/President of the County Commission:  Dele  A  Date:  060220  SWORN AND SUBSCRIBED before me on this. g-Hhayet Iuale MY COMMISSION EXPIRES the. Ka lude  2020.  2022  (SEAL):  SIGNATURE OFI NOTARY/PUBLIC  Pl Gadef  (NOTARIZATION REQUIRED ONLYI FOR CHAIRPRESIDENT OF COUNTY COMMISSION)    DALE COUNTY BOARD OF EDUCATION Exhibit2 2 DEPART  OFFICE OF BEN BAKER, SUPERINTENDENT 2025. Hwy 123 SuiteE OZARK, ALABAMA 36360  DESTINATION: EXCELLENCE 100  PHONE 334)774-2355 WEBSITE-www.dalecountyoe.org FAX(334)774-3503  June 2, 2020  Chairman Mark Blankenship Dale County Government Building 202 South Highway 123 Ozark, AL: 36360 Dear Mr. Blankenship,  The Dale County Board ofl Education is soliciting bids to demo and remove the old National Guard Armory building located on US Highway 231 in Ozark. The board had originally planned to use the building fora Career Tech Academy. The building recently suffered extensive damage in a recent storm. Our architect has advised that the building is beyond repair and would be a poor investment in meeting our goals. We plan to demo the building and build a state oft the art Career Tech Building. This campus will eventually host students The Dale County Board of Education respectfully request that the Dale County Commission invest in this  to educate them on skills and trades needed tol be successful in the local economy.  project by waiving the landfill fees for the demolition project.  Thank you for your consideration.  7E Ben Baker  Superintendent of Education    Exhibit3  CONSTRUCTION AGREEMENT FORA A FEDERAL AID PROJECT  BETWEEN THE STATE OF ALABAMA DALE COUNTY COMMISSION Widening and Resurfacing on CR-9 from The Houston County Line to SR-134 Project No. RASTPNU-2319251) County Project No. DCP 23-03-19 CPMS Ref# 100070304 PART ONE (1): INTRODUCTION  ANDTHE  This Agreement is made and entered into by and between the State of Alabama (acting by and through the. Alabama Department ofTransportation), hereinafter referred to as the STATE; and the Dale County Commission, Alabama, (FEIN 63-6001505) hereinafter referred to as the WHEREAS, the STATE and the COUNTY desire to cooperate in the widening and resurfacing on CR-9 from the Houston County line to SR-134; Length -4 4.030 miles; Project# RASTPNU-2319251); DCP 23-03-19; CPMS Ref# 100070304. NOW, THEREFORE, it is mutually agreed between the STATE and the COUNTY as  COUNTY.  follows:  PART TWO (2): FUNDING PROVISIONS  A. Project Funding: Funding for this Agreement is subject to availability of Federal Aid funds at the time of fauthorization. The STATE will not be liable for Federal Aid funds in any amount. Any deficiency in Federal Aid or overrun in construction costs willl be borne by the County from County Federal Aid Funds, ifavailable, from Rebuild. Alabama Act Federal Aid Exchange Funds (FAEF), if available, and from County funds. In the event ofa an underrun in construction costs, the amount of Federal Aid funds will be based on the proportional Federal Aid to the total project as let cost, up to 80%.    Exhibit3  B. The estimated cost and participation by the various parties is as follows:  FUNDING SOURCE FA Funds (FY 2017) FA Funds (FY 2018) FA Funds (FY 2019) FAEF County Funds  ESTIMATED COSTS $ 129,240.85 533,000.00 30,022.35 173,065.80 $ 0  TOTAL (Incl CE&I & Indirect Cost)  $ 865,329.00  Itis further understood that this is a cost reimbursement program and no federal funds will bej provided to the COUNTY prior to accomplishment of the work for which iti is requested. Furthermore, no federal funds will be reimbursed for work performed prior to Any cost incurred by the COUNTY relating to this project which is determined tol be ineligible for reimbursement by thel Federal Highway Administration (FHWA), ori in excess oft the limiting amounts previously stated, will not be an eligible cost to the project Time Limit: This project will commence upon written authorization to proceed from the The approved allocation ofi funds for projects containing Industrial Access funds shall lapse ifa contract has not been awarded for construction oft the project within (12). months oft the date oft the funding approval by the Industrial Access Road and Bridge Corporation Board, and the approved allocation shall be returned to the IARB for re- allocation. A time extension may be approved by the IARB upon formal request by the The approved allocation of funds for projects containing Federal Transportation Alternatives Set-Aside funds may lapse ifaj project has not been authorized by FHWA within (24) months oft the date of the funding approval by the Governor, and the approved allocation shall be returned to the STATE for re-allocation. A time extension may be approved by the STATE upon formal request by the applicant. Failure to meet other project milestones, as set forth in the' TAP Guidelines, may result in an approved  project authorization.  and will be borne and paid by the COUNTY. STATE directed to the COUNTY.  applicant.  allocation being returned to the STATE.  PART THREE (3): PROJECT SERVICES  A. The COUNTY will furnish all Right-of-Way for the project. Associated Right-of-Way acquisition costs will not be an eligible cost as part of this Agreement. The Right-of-Way acquisition phase is hereby defined as the appraisal fees, appraisal review fees and the All work accomplished under the provisions oft this Agreement will be accomplished on property, owned by or which will be acquired by the COUNTY in accordance with applicable Federal and state laws, regulations, and procedures. Any exceptions to this requirement must be approved by the STATE in writing prior to incurring, costs for which reimbursement is requested by the COUNTY. In cases where property is leased, or easements obtained, the terms oft the lease or easement will not be less than the expected Acquisition of real property byt the COUNTY as aj part oft this project will conform to and bei in accordance with the provisions oft the Federal Uniform Relocation Assistance &  cost ofacquisition incurred.  life oft the improvements.  2    Exhibit3  Real Property Acquisition Policies Act (49 CFR 24, Subpart B), all federal environmental Any property or property interests acquired shall be in the name oft the COUNTY with any condemnation or other legal proceedings being performed by the COUNTY. The COUNTY shall follow all Federal regulations related to the Management, Leasing, and Disposal of] Right-of-Way, uneconomic remnants and excess Right-of-Way as found in CFR 23 $ 710 Subpart D. Proceeds for Leases and Disposals shall be credited to the No change in use or ownership ofreal property acquired or improved with funds provided under the terms oft this Agreement will be permitted without prior written approval from the STATE or FHWA. The STATE or FHWA will be credited on aj prorata share, as provided in Part Two, Section B, any revenues received by the COUNTY from B. The COUNTY will relocate any utilities in conflict with the project improvements in accordance with applicable Federal and State laws, regulations, and procedures. Associated Utility costs will not be an eligible cost as part ofthis Agreement. - The COUNTY will make the Survey, perform the Design, complete the Plans and furnish alll Preliminary Engineering for the project with COUNTY forces or with a consultant approved by the STATE. Associated Survey, Design, Plan Preparation, and Preliminary Engineering costs will not be an eligible cost as part oft this Agreement. Ifany Associated Survey, Design, Plan Preparation, and Preliminary Engineering costs are an eligible cost to the project, the COUNTY will develop and submit to the STATEa project budget for approval. This budget will be in such form and detail as may be required by the STATE. Ataminimum, all major work activities will be described, and an estimated cost and source of funds will be indicated for each activity. A signature line will bej provided for approval by the Region Engineer and date of such approval. All costs for which the COUNTY seeks reimbursement must be included in a budget approved by the STATE in order to be considered for reimbursement. Budget adjustments may be necessary and may be allowed, subject to the approval oft the STATE in writing, in order to successfully carry out the project. However, under no circumstances will the COUNTY be reimbursed for expenditures over and beyond the The COUNTY will undertake the project in accordance with this Agreement, plans approved by the STATE and the requirements, and provisions, including the documents relating thereto, developed by the COUNTY and approved by the STATE. The plans, including the documents relating thereto, are ofi record in the Alabama Department of Transportation and are hereby incorporated in and made aj part of this Agreement by reference. Iti is understood by the COUNTY that failure oft the COUNTY to carry out the project in accordance with this Agreement and approved plans, including documents related thereto, may result int the loss of federal or state funding and the refund of any Projects containing Industrial Access funds or State funds, with no Federal funds involved, shall have completed original plans furnished to the STATE in accordance with the Guidelines for Operations for Procedures for Processing State and Industrial. Access Funded County and City Projects, and attached hereto as aj part oft this Agreement prior D. The COUNTY will furnish all construction engineering for the project with COUNTY forces or with a consultant approved by the STATE as part oft the cost oft the project. Construction Engineering & Inspection cost are not to exceed 15%, without prior approval by the State. Associated Construction Engineering & Inspection costs will be an E. The STATE will furnish the necessary inspection and testing of materials when needed as part oft the cost oft the project. The COUNTY may request the use of an approved third- party materials inspection and testing provider, as approved by the STATE.  laws, and all other applicable state and federal laws.  Project or to the Title 23 Collector Account.  the sale orl lease of property.  amount approved by the STATE.  federal or state funds previously received on the project.  tot the COUNTY letting the contract.  eligible cost as part oft this Agreement.  3    Exhibit3 3  PART FOUR (4): CONTRACT PROVISIONS  A. The COUNTY shall not proceed with any project work covered under the provisions of this Agreement until the STATE issues written authorization to the COUNTY to proceed. B. Associated Construction cost will be an eligible cost as part oft this Agreement. Forj projects let to contract by the STATE, the STATE will be responsible for advertisement and receipt oft bids and the award of the Contract. Following the receipt of bids and prior to the award oft the Contract, the STATE will invoice the COUNTY fori its pro: rata share oft the estimated cost as reflected by the bid oft the successful bidder plus Engineering & Inspection and Indirect Costs (if applicable). The COUNTY shall pay this amount to the STATE no later than 30 days after the datel bids are opened. Failure to do For projects let to contract by the COUNTY, the COUNTY shall comply with all Federal and State laws, rules, regulations and procedures applicable to the advertisement, receipt ofbids, and the award oft the contract. The COUNTY will, when authorized by the STATE, solicit bids and make awards for construction and/or services pursuant to this Agreement. The COUNTY shall not solicit bids until the entire bid package (plans, specifications, estimates, etc.) has been reviewed and approved by the STATE. Following receipt ofbids, the COUNTY will provide all bids to the STATE with a recommendation for award. The COUNTY shall not award the contract until it has The purchase of project equipment and/or services financed in whole or in part pursuant to this Agreement will be in accordance with applicable Federal and State laws, rules, regulations, and procedures, including state competitive bidding requirements applicable to counties and municipalities in the State of Alabama when the purchase is made by any . Ifnecessary, the COUNTY will file an Alabama Department of] Environmental Management (ADEM) National Pollutant Discharge Elimination System (NPDES) Notice of Registration (NOR) (Code Chapter 335-6-12) for this project without cost to the State or this project. The COUNTY will be the permittee ofrecord with. ADEM for the permit. The COUNTY and the contractor will be responsible for compliance with the permit and the State will have no obligation regarding the permit. The COUNTY will furnish the State (Region) a copy of the permit prior to any work being performed by the The COUNTY will secure all permits and licenses of every nature and description applicable to the project in any manner; conform to and comply with the requirements of any such permit or license; and comply with each and every requirement ofany and all agencies, and ofa any and all lawful authorities having jurisdiction or requirements D. The COUNTY will comply with the. Alabama Department ofTransportation Standard Specifications for Highway Construction, Latest Edition, on this project and will ensure that work associated on this project meets the standards of the Alabama Department of Transportation, and the project will be built in accordance with the approved plans. E. The COUNTY shall be responsible at all times for all of the work performed under this Agreement and, as provided in Ala. Code $ 11-93-2(1975), the COUNTY shall indemnify and hold harmless the State of Alabama, The Alabama Department of Transportation, its officers, officials, agents, servants, and employees. For all claims not subject to Ala. Code $ 11-93-2 (1975), the COUNTY shall indemnify and hold harmless the State of Alabama, the Alabama Department ofTransportation, its officers, officials, agents, servants, and employees from and against any and all damages, claims, loss, liabilities, attorney's fees or expense whatsoever or any amount paid in compromise thereof arising out of, connected with, or related to the (1) work performed under this Agreement, (2) the provision of any services or expenditure of funds required, authorized, or undertaken by the COUNTY pursuant to the terms oft this Agreement, or  so may lead to the rejection of the bid.  received written approval from the STATE.  such entity.  contractor.  applicable to the project or to the project activities.  4    Exhibit3  (3)misuse, misappropriation, misapplication, or misexpenditure ofa any source of funding, compensation or reimbursement by the COUNTY, its officers, officials, agents, F. The COUNTY will be obligated for the payment of damages occasioned to private property, public utilities or the general public caused by the legal liability (in accordance with Alabama and/or Federal law) ofthe COUNTY, its agents, servants, employees or G. Upon completion and acceptance oft this project by the State, the COUNTY will assume full ownership and responsibility for the portion oft the project work on COUNTY right- of-way and maintain the project in accordance with applicable State law and comply with  servants, and employees.  facilities.  the Department's Local Road Maintenance Certification Policy.  PART FIVE (5): ACCOUNTING PROVISIONS  A. The COUNTY will, when appropriate, submit reimbursement invoices to the STATE for work performed in carrying out the terms oft this Agreement. Requests for reimbursement will be made on forms provided by the STATE: and will be submitted through the Region Engineer for payment. The COUNTY may invoice the STATE not more often than once per month for the funds due for work performed under this Agreement. Invoices for payment willl be submitted in accordance with state law and will indicate that the payment is due, true, correct, and unpaid, and the invoice will be notarized. Invoices for any work performed under the terms oft this Agreement will be submitted within twelve (12) months after the completion and acceptance by the STATE oft the work. Any invoices submitted after this twelve-month period will not be eligible for payment. B. The COUNTY will not assign any portion oft the work to be performed under this Agreement or execute any contract, amendment or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this The COUNTY will establish and maintain a cost accounting system that must be adequate and acceptable to the STATE as determined by the auditor oft the STATE. All charges to the Project will be supported by properly executed invoices, contracts, or vouchers, as applicable, evidencing inj proper detail the nature and propriety ofthe charges in accordance with the requirements oft the STATE. All checks, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in to the project will be clearly identified, readily accessible and to the maximum extent part The COUNTY will report to the STATE the progress oft the project in such manner as the STATE may require. The COUNTY will also provide the STATE any information requested by the STATE regarding the project. The COUNTY will submit to the STATE financial statements, data, records, contracts and other documents and items ofany respect related to the project as may be requested by the STATE. The COUNTY will permit the STATE, the Comptroller General of the United States, and the Secretary oft the USDOT, or either of them or their respective authorized representatives, to inspect, at any time, vehicles and equipment utilized or used in performance of the project and any and all data and records which in any way relate to the project or to the accomplishment of the project. The COUNTY will also permit the above noted persons to audit the books, records and accounts pertaining to the project at any and all times, and the COUNTY will give its full cooperation to those persons or The COUNTY will comply with all audit requirements set forth in the 2 CFR Part 200 requirements, or the most current version oft those requirements under federal law. D. The COUNTY will retain all books, records, and other documents relative to this Agreement for a minimum of three (3)years after project termination, expiration of Federal interest, or close out, and the STATE, the Comptroller General oft the United  Agreement, without the prior written approval oft the STATE.  feasible, kept separate and apart from all other such documents.  their authorized representatives, as applicable.  5    Exhibit3 3  States, and the Secretary oft the USDOT, or either oft them or their respective authorized representatives, will have full access to and the right to examine any of said materials at E. Any user fee or charge to the public for access to any property or services provided through the funds made available under this Agreement, ifr not prohibited by a Federal, State or local law, must be applied for the maintenance and long-term upkeep oft the F. An audit report must be filed with the Department of] Examiners ofPublic. Accounts, upon receipt by the COUNTY, for any audit performed on this project in accordance with  all reasonable times during said period.  project authorized by this agreement.  Act No. 94-414.  PART SIX (6): MISCELLANEOUS PROVISIONS  A. By entering into this Agreement, the COUNTY is not an agent oft the STATE, its officers, employees, agents or assigns. The COUNTY is an independent entity from the STATE, and nothing ini this Agreement creates an agency relationship between the parties. B. Iti is agreed that the terms and commitments contained in this Agreement shall not constitute a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment 26. It is further agreed that, ifany provision oft this Agreement shall contravene any statute or Constitutional provision or amendment, either now in effect or which may be enacted during the term of this Agreement, then the conflicting provision in this agreement shall be deemed null and C. Bys signing this Agreement, 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 tol bei in violation oft this provision shall be deemed in breach oft the. Agreement and shall be responsible for all damages resulting D. No member, officer, or employee oft the COUNTY, during their tenure of employment and for one year thereafter, shall have any interest, direct or indirect, in this Agreement or E. Thet terms of this Agreement may be modified by revision oft this Agreement duly F. This Agreement may be terminated by either party upon the delivery of ai thirty (30) day G. Nothing shall be construed under the terms oft this Agreement that shall cause any H. Exhibits A, E,H, M, and N are hereby attached to and made aj part of this Agreement.  void.  therefrom.  the proceeds, profits, or benefits therefrom. executed by the parties hereto. notice oft termination.  conflict with Section 23-1-63, Code of Alabama, 1975.  6    Exhibit3  IN WITNESS WHEREOF, thej parties hereto have caused this Agreement to be executed by those officers, officials and persons duly authorized to execute same, and the Agreement is deemed to be dated and to be effective on the date hereinafter stated as the date ofits  approval by the Governor of Alabama.  ATTEST: By:  Dale County, Alabama By: aN  Clerk( fhyy (Signature)  As Chairman (Signature) MkBadaikp Print Name of Chairman  Print Name of Clerk Chey/Gay (AFFIX SEAL)  This agreement has been legally reviewed and approved as to form and content.  By:  William F. Patty, Chief Counsel  RECOMMENDED FOR APPROVAL:  D.E. (Ed) Phillips, P.E. State Local Transportation Engineer  Don T. Arkle, P.E. Chief Engineer  STATE OF ALABAMA, ACTING BY. AND THROUGH THE ALABAMA DEPARTMENT OF TKANSPORTATION  John R. Cooper, Transportation Director  THE WITHIN AND FOREGOING AGREEMENT IS HEREBY EXECUTED AND  SIGNED BY THE GOVERNOR ON' THIS  DAY OF  20  KAYIVEY 7  GOVERNOR, STATE OF ALABAMA    Exhibit3 3  RESOLUTION NUMBER  BEI ITI RESOLVED, by the Dale County Commission as follows: Alabama Department ofTransportation: relating to aj project for:  That the County enter into an agreement with the State of Alabama, acting by and through the Widening and resurfacing on CR-9: from the Houston County line to SR-134; Length -4 4.030 miles; Project# RASTPNU-2319251); DCP 23-03-19;  CPMS Ref# 100070304.  Which agreement is before this Commission, and that the agreement be executed ini the name of the County, by the Chairman for and on its behalfand that it be attested by the County Clerk and BE IT FURTHER RESOLVED, that upon the completion oft the execution of the agreement by Ithe undersigned qualified and acting Clerk of Dale County, Alabama, do hereby certify that  the official seal oft the County be affixed thereto.  all parties, that a copy ofs such agreement be kept on file by the County. the above and foregoing is at true copy ofai resolution lawfully passed and named therein, atar regular meeting of such Commission held on the  by the County day of pri  Ilnk 2020, and that such resolution is on file in the County Clerk'sOffice.  ATTESTED:  - M  Clerk County  uplboiy  Chairman  9k day of us 2020 and that such resolution is of record in IN WITNESS WHEREOF,Ihavel hereunto set my hand and affixed the official seal oft the  the Minute Book oft the County.  County on this 472 day of Juw  2020  County Clerk  Syayy  (AFFIX SEAL)    Exhibit3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT A  PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN FEDERAL- Policy. Iti is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this AGREEMENT. Consequently, the DBE requirements of 49 CFR Part 26  AID PROGRAM  this  AGREEMENT.  apply to  DBE Obligation. The recipient of funds under the terms of this AGREEMENT agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or inj part with Federal funds provided under this agreement. The recipient shall take all and reasonable steps in accordance with 49 CFR Part 26 to see that Disadvantaged necessary Business Enterprises have the opportunity to compete for and perform contracts and shall not discriminate ont thel basis ofrace, color, national origin, or sex int the award and performance ofU.S. Department Failure of the recipient of funds under the terms of this AGREEMENT, or failure of subcontractor (if a subcontractor is authorized) to carry out the DBE requirements of this its AGREEMENT shall constitute a breach of contract, and may result in termination of the contract by the STATE, or such other remedy may be undertaken by the STATE as it deems appropriate.  ofTransportation assisted contracts.  9    Exhibit3 3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT E  TERMINATION OR ABANDONMENT  a. The STATE: has the right to abandon the work or to amend its project at any time, and such action on its part shall in no event be deemed a breach of contract. b. The STATE has thei right to terminate this AGREEMENT at its sole discretion without cause and make settlement with the COUNTY upon an equitable basis. The value of the work performed by the COUNTY prior to the termination of this AGREEMENT shall be determined. In determining the value of the work performed, the STATE 1. The ratio of the amount of work performed by the COUNTY prior to the termination oft the AGREEMENT to the total amount ofwork contemplated by 2. The amount of the expense to which the COUNTY is put in performing the work to be terminated in proportion to the amount of expense to which the COUNTY would have been put had hel been allowed to complete the total work contemplated by the AGREEMENT, less any, payments previously made. In determining the value of the work performed by the COUNTY prior to the termination, no consideration willl be given toj profit, which the COUNTY: might have made on the uncompleted portion of the work. If the termination is brought about as a result of unsatisfactory performance on the part of the COUNTY, the value of the work performed by the COUNTY prior to termination shall be fixed solely on the ratio oft the amount ofs such work to the  shall consider the following:  this AGREEMENT less any payments previously made.  total amount ofwork contemplated by this AGREEMENT.  CONTROVERSY  In any controversy concerning contract terms, or on a question of fact in connection with the work covered by this project, including compensation for such work, the decision oft the Transportation Director regarding the matter ini issue or dispute shall be final and conclusive ofall parties.  CONTRACT BINDING ON SUCCESSORS AND ASSIGNS  a. This contract shall bel binding upon the successors and assigns oft the respective parties b. Should the AGREEMENT be terminated due to default by COUNTY, such termination shall be in accordance with applicable Federal Acquisition Regulations.  hereto.  10    Exhibit3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT H Page 1  EQUAL: RIGHTS PROVISIONS interest agrees as follows:  During the performance of this contract, the COUNTY for itself, its assignees and successors in  a. Compliance with Regulations  The COUNTY will comply with the Regulations oft the Department ofTransportation relative to nondiscrimination in federally-assigned programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, as amended by 23 CFR 710-405(b), hereinafter referred to as the Regulations), which are herein During the performance ofthis contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not Title VI of the Civil Rights Act of 1964 (42 U.S.C. $ 2000d et. seq., 78 stat. 252), (prohibits discrimination on the basis ofrace, color, national The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. $ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal-Aid Highway Act of 1973,(23U.S.C. $3 324 et seq.), (prohibits Section 504 ofthe Rehabilitation Act of 1973, (291 U.S.C. $ 794 etseq.), as amended, (prohibits discrimination on the basis of disability); and 49 The Age Discrimination Act of 1975, as amended, (42 U.S.C. $ 6101 ets seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (491 USC $471, Section 47123), as amended, (prohibits discrimination based on race, creed, The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities ofthe Federal-aid recipients, sub-recipients and contractors, whether such programs or activities arel Federally funded or not); Titles II and III ofthe. Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. SS 12131- 12189) as implemented by Department ofTransportation regulations  incorporated by reference and made aj part ofthis contract.  limited to:  Pertinent Non-Discrimination Authorities:  origin); and 49 CFR Part 21.  Federal or Federal-aid programs and projects); discrimination on the basis ofsex);  CFR Part 27;  color, national origin, or sex);  at49 C.P.R. parts 37 and 38;  11    Exhibit3  STD CONTRACT: EXHIBITS  REV. 9/19/16  EXHIBIT H Page 2  The Federal Aviation Administration/'s Non-discrimination statute (49 U.S.C. $ 47123) (prohibits discrimination on the basis of race, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70Fed. Reg. at 74087to 74100); Title IX oft the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education  color, national origin, and sex);  and low-income populations;  programs or activities (20U.S.C. 1681 ets seq).  b. Nondiscrimination  In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. $ 2000d, Section 303 ofthe Age Discrimination Act of 1975, as amended, 42 U.S.C. $ 6102, Section 202 oft the Americans with Disabilities Act of 1990, 42 U.S.C. $ 12132, and Federal transit law at 49 U.S.C. $ 5332, the COUNTY agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. The COUNTY will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices where the contract covers aj program set The COUNTY will comply with all provisions of Executive Order 11246 of September 24, 1965 as amended by Executive Order 11375, and of the rules, regulations (41 CFR, Part 60) and relevant orders oft the Secretary ofLabor. In all solicitations either by competitive bidding or negotiation made byt the COUNTY for work to be performed under as subcontract, including procurements ofmaterials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by the COUNTY of the COUNTY'S obligation under this contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex The COUNTY will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books,  forth in Appendix B ofthe Regulations.  Solicitations  ornational origin. d. Information and Reports  12    Exhibit 3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT H Page 3  records, accounts, other sources ofinformation and its facilities as may be determined by the STATE or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required ofa COUNTY is ini the exclusive possession of another who fails or refuses tofurnish this information, the COUNTY shall sO certifyt to the STATE, or thel Federal Highway Administration as appropriate, and shall set forth what efforts it has made Int the event oft the COUNTY'S noncompliance with the nondiscrimination provisions provided for herein, the STATE shall impose such contract sanctions as it may 1. withholding of payments to the COUNTY under contract until 2. cancellation, termination or suspension oft the contract, in whole  to obtain the information. e. Sanctions for Noncompliance  determine tol be appropriate, including but not limited to,  the COUNTY complies, and/or  ori inj part.  f. Incorporation of Provisions  The COUNTY willi include the foregoing provisions a. through f. in everysubcontract, including procurements of materials and leases of equipment, unless excepted by the Regulations, orders or instructions issued pursuant thereto. The COUNTY will take such action with respect to any subcontract, procurement, or lease as the STATE may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a COUNTY becomes involved in, or is threatened with, litigation with subcontractors, suppliers, or lessor as ai result ofsuch direction, the COUNTY may request the STATE to enter into such litigation Equal Employment Opportunity The following equal employment opportunity 1. Race. Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. S 2000e, and Federal Transit laws at 49 U.S.C. $ 5332, the COUNTY agrees to comply with all applicable equal employment requirements ofU.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order112461 Relating tol Equal Employment Opportunity," 42 U.S.C. $ 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course oft thel Project.  top protect the interest of the STATE. requirements apply to the underlying contract:  13    Exhibit3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT: H Page 4  The COUNTY: agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the COUNTY agrees to comply with any implementing requirements FTA may issue. 2. Age = In accordance with Section 4 of the Age Discrimination in Employment Actof1967, as amended, 290 U.S.C. $ 623 and Federal transit law at 49 U.S.C. $ 5332, the COUNTY agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the COUNTY agrees to comply with any implementing 3. Disabilities - In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42U.S.C. $ 12112, the COUNTY agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, Regulations to Implement the Equal Employment Provisions ofthe Americans with DasabilisAd"29CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing  requirements FTA may issue.  requirements FTA may issue.  COST PRINCIPLES  The STATE'S cost) principles for usei in determining the allowability ofanyi item ofcost, both direct and indirect, in this AGREEMENT, shall be the applicable provisions of Volume I, Federal Acquisition Regulations, Parts 30 and 31. The COUNTY shall maintain costs and supporting documentation in accordance with the Federal Acquisition Regulations, Parts 30 and 31 and other Regulations referenced with these Parts where applicable. The COUNTY shall gain an understanding of these documents and regulations. The applicable provisions of the above referenced regulations documents are hereby incorporated by reference herein as iffully set forth.  EXECUTORY CLAUSE AND NOM-MERITSYSTEMI STATUS  a. The COUNTY specifically agrees that this AGREEMENT shalll be deemed executory onlyt to the extent ofmoneys available, andi nol liability shalll bei incurred by the STATE  beyond the moneys available for this purpose.  14    Exhibit3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT H Page 5  b.  The COUNTY, in accordance with the status ofCOUNTY as an independent contractor, covenants and agrees that the conduct of COUNTY will be consistent with such status, that COUNTY will neither hold COUNTY out as, or claim to be, an officer or employee of the STATE by reason hereof, and that COUNTY will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee oft the STATE under the merit system or any other law of Alabama, including but not limited to workmen's compensation coverage, or retirement membership or credit or any Federal employment law. This paragraph also applies in like manner to the employees of COUNTY.  COUNTYS' CERTIFICATIONS  The COUNTY by acceptance oft this contract certifies that the rates or composition of cost noted in Article IV - PAYMENTS are based on the current actual hourly rates paid to employees, estimated non- salary direct cost based on historical prices, the latest available audited indirect cost rate, and estimated cost of reimbursements to employees for travel (mileage, per diem, and meal allowance) based on the current policy of the COUNTY. The COUNTY agrees that mileage reimbursements for use of company vehicles is based on the lesser of the approved rate allowed by the General Services Administration of the United States Government or the reimbursement policies of the COUNTY at the time of execution of the AGREEMENT. The COUNTY agrees that no mileage reimbursement willl be allowed for the purpose of commuting to and from work or for personal use of a vehicle. The COUNTY agrees that the per diem rate will be limited to the rate allowed by the STATE: at the time of execution oft the AGREEMENT. The COUNTY agrees that a meal allowance shall be limited to COUNTY employees while in travel status only and only  when used in lieu ofa aj per diem rate.  The COUNTY shall submit detailed certified labor rates as requested, and in a timely manner, to the External Audits Section of the Finance and Audits Bureau of The Alabama Department of Transportation. The COUNTY agrees that material differences between rates submitted with a proposal and rates provided as certified for the same proposal are subject to adjustment and  reimbursement.  15    Exhibit3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT M  CERTIFICATION FOR FEDERAL-AID CONTRACTS: LOBBYING  This certification is applicable to the instrument to which it is attached whether attached directly Thej prospective participantrecipient, by causing the signing ofa and the submission oft this Federal contract, grant, loan, cooperative AGREEMENT, or other instrument as might be applicable under Section 1352, Title 31, U. S. Code, and the person signing same for and on behalf of the prospective participantrecipient each respectively certify that to the best of the knowledge and belief oft the prospective participant or recipient and oft the person signing for and on behalfofthe a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the prospective participantrecipient or the person signing on behalf of the prospective participantrecipient as mentioned above, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee ofCongress, or an employee ofal Member ofCongress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, b. Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, or other instrument as might be applicable under Section 1352, Title 31, U. S. Code, the prospective participantrecipient shall complete and submit Standard Form- LLL, "Disclosure Form tol Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission oft this certification is aj prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty ofnot less than $10,000 and The prospective participantrecipient also agrees by submitting this Federal contract, grant, loan, cooperative agreement or other instrument as might be applicable under Section 1352, Title 31, U.S. Code, that the prospective participantrecipient shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such  ori indirectly with other attachments to such instrument.  prospective participantrecipient, that:  or cooperative agreement.  not more than $100,000 for each such failure.  subrecipients shall certify and disclose accordingly.  16    Exhibit. 3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBITN  FUNDS SHALL NOT BE CONSTITUTED AS A] DEBT  It is agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation of Article 11, Section 213 ofthe Constitution of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if any provision of this AGREEMENT shall contravene any statute or Constitutional provision of amendment, either now in effect or which may, during the course oft this AGREEMENT, be enacted, then the conflicting When considering settlement of controversies arising from or related to the work covered by this AGREEMENT, the parties may agree to use appropriate forms of non-binding alternative dispute  provision in the AGREEMENT shall be deemed null and void.  resolution.  TERMINATION DUE TO INSUFFICIENT FUNDS  a. Ifthe agreement term is to exceed more than one fiscal year, then said agreement is subject tot termination in the event that funds should not be appropriated for the continued payment b. In the event of proration oft the fund from which payment under this AGREEMENT is to  oft the agreement in subsequent fiscal years.  bei made, agreement will be subject to termination.  NOGOVERNMENT OBLIGATION TOTHIRD PARTY CONTRACTORS  The STATE and COUNTY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not aj party to this contract and shall not be subject to any obligations of or liabilities to the STATE, COUNTY, or any other party (whether or not aj party to that contract) pertaining to any matter resulting from The COUNTY agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided to FHWA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject toi its provisions.  the underlying contract.  17    Exhibit3 3  STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION GUIDELINES FOR OPERATION  SUBJECT: PROCEDURES FOR PROCESSING STATE. AND INDUSTRIAL  ACCESS FUNDED COUNTY AND CITY PROJECTS  No work can be performed and no contracts can be let prior to having a fully executed project agreement, submittal of project plans to Region and notification from the Region that advertisement for bids can be made, or, in the case of force  account projects, work can begin.  Aj project agreement will bej prepared and furnished to the County/City upon receipt of grant award letter signed by the Director or Governor. The Region will prepare and submit a F-7A Budget Allotment request upon receipt of a project funding agreement at the timei it is submitted to the County/City for their execution. The County/City will submit plans prepared and signed by a registered professional engineer showing work to be performed. Plans must match the project agreement description. Iti is not necessary for the Region toj perform an in-depth review of plans. The County/City will submit a certification signed by a Registered Professional Engineer stating that the plans have been prepared sO that all items included in the plans meet ALDOT specifications. The County/City will include: a letter certifying that the County/City owns all right-of-way on which the projectis Upon receipt of the executed agreement, the executed F-7A, final plans from the County/City, and right-of-way certification, the Region may notify the County/City to proceed with advertising the project for letting or proceed with work in the case In the case where a County/City is using an inplace annual bid, the County/City will furnish the Region a copy of their bid and this bid price will be used for  to be constructed.  ofai force account project.  reimbursement.  1-20  Rev. 10/2017  18    Exhibit3  Where the County/City is letting a contract locally, the County/City will furnish to the Region the three lowest bids with their recommendation for award. The Region will review thel bids, and, ifi in order, advise the County/City to proceed with award oft the contract to thel lowest responsible bidder. The County's/City's estimate for reimbursement will be based on the bid prices concurred in by the State and supported with documentation that the contractor has been paid for work performed (copy of cancelled check). Ac certification will be submitted with County/City final estimate stating that the project was constructed in accordance with final plans submitted to the State and with the specifications, supplemental specifications, and special provisions which were shown on the plans or with the State's latest specifications which were: applicable at the time of plan The County/City will notify the Region when the project is complete and the Region will perform a final ride-through to determine whether the project was completed in substantial compliance with original final plans. Final acceptance will be made by the Region with a copy of the letter furnished to the Bureau of] Local Transportation. All required test reports, weight tickets, material receipts and other project documentation required by the specifications, applicable supplemental specifications, and special provisions will be retained by the County/City for a period of three (3): years following receipt of final payment and made available for audit by the State upon request. If an audit is performed and proper documentation is not available to verify quantities and compliance with specifications, the County/City will refund the project cost to the State or All County/City Industrial Access or State funded projects let to contract by the State will follow normal project procedures and comply with all current plan processing  approval.  do whatever is necessary to correct the project at their cost.  requirements.  RECOMMENDED FOR APPROVAL:  -  -  BUREAU CHIEF/REGION ENGINEER  APPROVAL: Sill  CHIEF ENGINEER  APPROVAL:  NONEMBER. 1, Zorl DATE  AL  1-20  Rev. 10/2017  19    Exhibit 4  PERSONNEL RECOMMENDATION  To: Dale County Commission Date: June 9, 2020 Dear Commissioners,  From: Henry B. Steagall, II, County Attorney and Cheryl Ganey, County Administrator  Re: EMAI Director, Jonathan K. McDaniel  As you know, our EMA director, Kurt McDaniel, has an extensive history of warnings and reprimands regarding his job performance in the last few years. In February, 2019, Mr. McDaniel was suspended from his position on the E911 Board for unethical conduct as al board member and the County was without representation on that Board for several months. Due to his history of discipline as EMA director and the E911 Board suspension, McDaniel was called before the Commission in) March, 2019 and given "one last opportunity" to correct his deficiencies. He was given a list of corrective actions which were expected of] him in order to continue as the EMA director and he acknowledged his mistakes, signed his name in agreement and assured the Commission there would be no further violations oft the personnel rules or  improper conduct.  Since McDaniel made those assurances to the Commission last year, it has come to the attention of County Administration that McDaniel has continued to violate County personnel rules. Based upon McDaniel's discipline history and the breach ofl his agreement from March of last year, the County Administrator recommends that the Commission consider dismissal oft the  EMA Director and I concur.  Ms. Ganey and I request that the Commission provide McDaniel with notice ofi its intent to terminate him from County employment and to set a date and time for a due process public hearing before the Commission. This public hearing, unless waived by McDaniel, will allow the Commission to consider his job performance, review his personnel file, and give him the opportunity toj present his defenses before the Commission. At the conclusion ofthe hearing, the Commission will be able to consider the appropriate discipline and McDaniel will have his right  to appeal.  Henry B. Steagall, II tz Dale founty Attorney Cheryl Ganey 4 Dale County Administrator