Dale County Commission Commission Meeting Minutes - September 8, 2020  The Dale County Commission convened in a regular session Tuesday, September 8, 2020. The following members were present: Chairman Mark Blankenship; District One Commissioner Chris Carroll; District Two Commissioner Steve McKinnon; District Three Commissioner Charles W. Gary and District; and Four Commissioner Frankie Wilson. Chairman Blankenship called the meeting to order at 10:15am. Commissioner Carroll opened  with the Pledge of Allegiance. Commissioner Gary followed with prayer.  APPROVED - AGENDA  Commissioner McKinnon made a motion to approve the agenda with the following items removed: #4- credit card limit increase and #6- Jail Ad Valorem expenditure. Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED  MEMORANDUM OF WARRANTS  Commissioner Carroll made a motion to approve the following Memorandum of Warrants:  Accounts Payable Check Numbers 87775-87885. Payroll Check Numbers: 154704-154705. Direct Deposit Check Numbers: 35730-35870.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED = AUGUST 25, 2020 MINUTES  Commissioner McKinnon made a motion to approve the Minutes of the Commission Meeting  on August 25, 2020.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - September 8, 2020  Page2of3  APPROVED - PERSONNEL  Commissioner Gary made a motion to approve the following:  Steve Brown = Sheriff Dept. - Deputy - New Hire- $14.25/hr. Kevin Souders - Sheriff Dept. - Deputy - Part-time Temporary: -$14.20/hr. Deonte D. Schwertzler - Jail - Jailer - Temporary - $10.00/hr. Mary Troupe - Jail - Jaller-Temporary -S $10.00/hr.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED = PERSONNEL  Commissioner Carroll made a motion to approve the following:  Approve Temporary Hire with Budget Amendment- Revenue Dept. Tag Title Clerk VI -$10.50/hr.  Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  APPROVED - ROAD & BRIDGE - ANNUAL BIDS  Commissioner McKinnon made a motion to approve the annual bids. See Exhibit 1. Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED = AL DEPT OF YOUTH SERVICE GRANT AGREEMENT  Commissioner Gary made a motion to approve the Alabama Department of Youth Service  Grant Agreement. See Exhibit 2.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - APPRAISAL & MAPPING BUDGET- FY2020-2021  Commissioner Gary made a motion to approve the fiscal year 2020-2021 budget for Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  Appraisal & Mapping. See Exhibit 3.    Dale County Commission  Commission Meeting Minutes - September 8, 2020  Page3 3of3  APPROVED  APPLICATION FOR ELECTION COVID GRANT  Commissioner McKinnon made a motion to approve the application for Election COVID Grant  for the General Election. See Exhibit 4.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED = ALDOT AGREEMENTS - ROAD & BRIDGE  Commissioner McKinnon made a motion to approve the following agreements with Alabama  Department of Transportation.  County Project No. DCP23-08-18- installation of guardrails and guardrail end anchors County Project No. DCP 23-02-19 = Resurfacing on CR-21 from SR-123 to Ozark City limits, Resurfacing on CR-82 from Coffee Co. line to SR-53(US-231), Memorandum of Agreement between ALDOT and Dale County Commission.  at (CR-113)- - CR-60 and CR-54. See Exhibit 5.  wdening/Resuracing CR-33 from CR-20t0CR-54. See Exhibit 6.  See Exhibit 6.  Commissioner Wilson 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, September 22, 2020 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Wilson made a motion to adjourn the meeting. Commissioner Gary seconded Iti is hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered into the minutes of the Dale County Commission as its official actions.  the motion. All voted aye. Motion carried.  A  N  Mark Blankenship, Commission Chairman    Exhibit 1  Dale Counnty Road and Bridgre  202 S. Hwy 123, Suite A Ozark, Alabama 36360  Telephone (334)774-5875 Fax (334) 774-6899  Derek S. Brewer, P.E. County Engineer Drew Meacham, P.E. Assistant Engineer  MEMORANDUM Date: September 08, 2020 To: Dale County Commission From: Derek Brewer County Engineer Re: Annual Bid Awards  After a careful review, it is the recommendation oft the Dale County Engineering Department to  award the Annual Bids as follows:  CHIP SEAL: CRS2 ASPHALT: CRUSHED: STONE:  S&C Materials & Paving, Inc. Hunt Refining Vulcan Materials (P/U) May's Distributing  Johnston Trucking (FOB Dale County Shop)  FUEL:  HOT MIX ASPHALT: TRAFFIC SIGNS: CRUSHED CONCRETE:  Wiregrass Construction Company  Vulcan Signs Johnston Trucking Midsouth Paving  SEE ATTACHED SHEETS FOR BREAKDOWN    Exhibitl  3 a L 3    Exhibit 1    Exhibitl 1  AGGREGATE PICKED UP (LIMESTONE)  Vulcan Materials Picked up Price Per Ton $16.00 $16.00 $22.50 $20.50 $20.50 $14.50 $17.00 $14.50 $17.00 $14.50 $17.50 $17.50 $17.50 $17.50 $15.00 $15.25 $12.75 $12.75  Joint Bid Crenshaw County Extended for another year  DESCRIPTION  Class - Class II Class III 5-50 Ibs. 3x6 Gabion No. 24 No. 4 No. 467 No. 5 No. 57 No.6 No. 67 No.7 No. 78 No. 89 No. 8910 825A Dense Grade 825B Dense Grade    Exhibiti  CRENSHIE COETTIGIND) DEPARIMENT P.0.BOA628 CEN.LIB4M436149    Pag3i3S.8 Fax/334)335-1529  July21,2020  MWMAnnaL 161AHighway 84 Carsial AL35030  RE: FOB Stone @ Plant Sizes 1-610, 7-10 Classi& II Rip Rap  Daars Ss  ThisToseve as written notice that Crenshaw County requests a third 12- month contract wincurthesame pricing, terms, and conditions as specified in the present contract for the above refereead.bd. Thethind contract period willl begin on October 1, 2020 and shali expire on this/secceptable: with Vuican Materials, please indicate by signing below and return to this  September. 30, 2021. office  Sincerely, hRL Benjamin H. Sanders, P.E. County Engineer  Cc: File  Yeslagree witht the county'srequestt to issue a third 12-month contract under the same pricing. terns and conditions as specified n the contract forms for FOB: STONE @ PLANT.  BY: Msiss lkp Authorized Representative/Tile Vutcan Materials  Touuds Havseny 1cs580 1979  BAMAPVAEMMIN    Exhibitl  CRUSHED STONE DELIVERED  LIMESTONE Johnston Trucking, LLC $42.50 $42.50 $44.00 NoBid $40.00 $38.50 $33.50 $33.50 $39.50 $33.50 $39.50 $38.50 NoBid $35.25 $35.25 $33.25 $37.50 $29.50  Couch LLC NoBid No Bid No Bid No Bid NoB Bid No Bid No Bid No Bid No Bid No Bid NoBid NoBid NoE Bid No Bid No Bid No Bid No Bid No Bid  Dunn Co, Inc. $45.00 $47.00 $48.00 $45.00 $44.00 NoBid $44.00 NoBid NoB Bid $44.00 NoB Bid $44.50 NoBid $45.00 $45.00 $40.50 $42.00 $42.00  Vulcan Materials No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid  Martin No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid NoBid NoBid NoBid NoBid NoE Bid No Bid  Marietta Aggregates, Construction  Class Class II Class III 5-50 Ibs. 3x6 Gabion No. 24 No.4 No. 467 No. 5 No. 57 No.6 No. 67 No.7 No. 78 No. 89 No. 8910 825A Dense Grade 825B Dense Grade    Exhibitl    Exhibit 1  TING COMPP MAY'S DISTRIBUTING COMPANY INC. 102 MLK BLVD UNION SPRINGS, AL. 36089  June 27, 2020  Dale County Road & Bridge 202 South Hwy 123 Suite A Ozark, AL. 36360  May's Distributing Co., Inc. would like to extend our contract with Dale County Road &  Bridge for an additional 12 months, at the same margin. Thank you for your continued business.  Sincerely, Rap Red Piper Sales Representative May's Distributing Company, Inc.    Exhibit 1  A    Exhibit 1  6A    Exhibit 1    Exhibit 1  Vulcan Signs PO. Box 1850. 408E East Berry Avenue: . Foley, Alabama 36536-1850 18836H5-3390151- Fax 251:943.1544 winigruannccom-wwwcansgnicom  AF PART OF Vulcan, Inc.  July 16, 2020  Dale County Road and Bridge Attn:Derek S. Brewer (County Engineer) 202 S Hwy 123, Suite A Ozark, Alabama 36360  RE: Renewal of Contract: Southeast Region Annual Joint Bid  Please take this letter as our confirmation that Vulcan Signs would like to exercise the option. to continue as your Traffic Signs provided for an additional year ending  September 30, 2021. Terms and pricing will remain the same.  Thank you, Wendy Jantz Contract Specialist 1-800-633-6845  An Employee Owned Company!    Exhibit 1  6 $    Exhibit 2 23  ALABAMADEPARIMENT: OF YOUTH SERVICES AGENCY GRANT AGREEMENT Fiscal Year 2020-2021 The. Alabama Department of Youth Services hereby awards to Dale County Commission (Fiscal Agent, hereinafter called Recipient)  the amount of One hundred fifh-sithousand. and mww.ialarfIsA.oN.  These funds shall be used for non-residential diversion services for Dale be committed to the Alabama Department of Youth Services Juvenile Court (DCJC) will develop or collaborate in the (DYS). include the identification and selection of  Based County youth who would otherwise on youth needs, the Dale County development of a diversion program, which may  these monies and based on the estimates community providers. As a result of the interventions funded by increase in serious juvenile crime (i.e. violent felonies, felony sex offenses). To assist HIT), juvenile barring a significant  services to 40 youth reduction of  with provided in the grant application, the program will provide diversion an ongoing capacity of 20 youth at any given time. Thereby  annually  county commitments to DYS (including CLIMB. formerly known as  aiding in a courts in the  provision of services for children in need of supervision (CHINS), DYS will diversion serviçes toi no more than 10% ofyouth with CHINS offenses. These funds shall be utilized: fort the following purpose/activities: program for medium to high-risk youth. Services include individual andj environment with a, focus on a mulil-disciplnary approach, Thej program that receives funding from this grant will:  the  permit program to provide  The SAYS CHOICES Program is an intensive individual and family commntphome-bated systems interventions, cognitive behavioral therapy, group counseling implementing (includes multi-systemic therapy, family abuse, interpersonal. skills, accountability), case management, WhyTry/Parent Project anger management, and aftercare substance services.  treatment  family counseling in their natural  Serve youth who would have historically been committed to the Alabama  of  Services (CLIMB or regular DYS) in the absence of the funded program. Department this Youth  youth with the following characteristics:  Specifically, includes by risk  Males /Females between the ages ofl 12-18 instrument available on thel DYS website  Delinquent youth with a medium to high risk of re-arrest, as determined the assessment  Bed developed by or in collaboration with the Dale County Juvenile Court (DCJC). Conduct regular self-evaluations of program effectiveness, including evaluations that track Maintain data on program participants as required in the DYS Grantee Information Management Produce an annual report for the October - September fiscal year by utilizing the form available DYS website. Each such completed annual report shall be made available to the Alabama Youth Services by November 30. Decisions about renewing grants may be made based on Department the courts' of ability to show through these reports that the funds have been effective in To ensure fiscally responsible management of state funds, quarterly evaluative criteria are. diversion grant funding process. These criteria include, at a minimum, program adherence integral to the annual numbers, average length of stay, and successful completion rates. At any given time to within youth a capacity, program population numbers will be reviewed. If at the time of review the total number of youths reported quarter, in  for children served by thej program. System database (GIMS) on a monthly basis.  outcomes  on the  commitment to DYS or CLIMB,  diverting youth from  1    Exhibit2  the GIMS is below 50% of the maximum capacity, an initial warning willl be provided. representatives will be given an opportunity to explain the low population numbers. Both the DCJC and DYS acknowledge that this Award may bet terminated at will reason. Any funds remaining from the award shall ber returned to DYS  during the following quarter indicates that the program population remains below 50%1 maximum Ifas subsequent review program may receive a 25%1 reduction in funding for the following quarter(s). Program and/or capacity, the  designated court However, final reduction  determinations will be made by DYS administration.  thei termination by the DCJC or DYS: for any  upon  ofs said award.  The grant award contained herein is payable in installments, subject to the availability of funds adjustments by the Alabama Department of Youth Services, as it deems necessary or advisable. All and agree that prior year funds may be available to fund this program and have and/or will be grant award. Any unexpended grant fund amounts shall be reported to DYS no later than applied November to the total Nothing contained herein shall be deemed tol be a debt of the State of Alabama int the contravention of Ist. By signing this agreement, the contracting parties, including sub-contractors, agree that Department of Youth Services will conduct site visits (both announced and unannounced), representatives and that all records of the pertaining to the program, including financial records will bei made available for review. Under a separate agreement between Recipient and DYS, Southeast Alabama Youth authorized under certain circumstances to receive reimbursement under Medicaid's Rehabilitation Services, Inc. is "Medicaid Rehabilitation Services Agreement"). In connection therewith the State from non-federal funds a portion of medical assistance expenditures (the "State is required to contribute award contained herein may be applied by DYS to the State Match for reimbursement Match"). to The grant/subsidy The Recipient or its designee shall administer the services for which this grant is awarded, accordance the grant application, and applicable rules, regulations and conditions as set forth by thel in continuation of the prior year agreement and is for a one-year period. Nothing contained Department. herein Thisisa deemed to be a debt oft the State of Alabama in the contravention oft the laws and constitution of shall be violate federal immigration law or knowingly employ, hire for employment, agreement, or continue to they will not this provision shall be deemed in breach of the agreement and shall be responsible parly for all to be in  parties the laws  and constitution of the State of Alabama.  Option (the the Recipient under  thel Medicaid Rehabilitation Services Agreement.  with the State of  Alabama.  By signing this contract, the contracting parties affirm, for the duration of the unauthorized alien within the State of Alabama. Furthermore, a contracting  that  found  violation employ an of damages resulting  therefrom.  ALABAMA DEPARTMENT OF YOUTH SERVICES  BY:  BY:  Steven P. Lafreniere Executive. Director  Legal Review Approved as to form only.  ACCEPTANCE OF AWARD  Recipient  signifes its acceptance of the grant award and the terms and conditions set, forth, this the   paber 2020.  V  s  Diversion Program Director/Agent)  Dale County Commission (FiscglAgent) MkEhko  2    Exhibit3 3  Dale County Reappraisal Budget 2020-2021 113Other wages and salary 114Part-time salaries 116Overtime 121Retirement Contributions 122Health Insurance 123_Life Insurance 124FICA EMPLOYER'S! SHARE 125/WORKER'S COMPENSATION INSURANCE 126/UNEMPLOYMENT INSURANCE 127Cost of Retiree Insurance 141 Dental 154 LEGALSERVICES-NEW, FOR 2017) 156EMPLOYEE DRUG TESTING 164/AUDITING SERVICES (NEW) 17Taining/education 171Dues 179 Aerial Photograhy 181Flagship / ESRI Services 211Office supplies 212Fuel and lubricants 224/Postage Machine rental  REQUESTED 2020-2021 209,701.86 31,206.40 25,664.44 42,911.00 308.16 18,429.48 1,832.81 11,340.00 1,194.00 12,000.00 194.00 7,175.00 2,000.00 450.00 33,500.00 8,000.00 3,000.00 2,000.00 1,500.00 1,500.00 34,560.00 2,700.00 2,300.00 12,000.00 500.00 1,700.00 1,500.00 9,700.00 3,340.00 1,000.00 500.00 2,500.00 2,880.00 4,000.00 8,450.00 501,537.15  unfinished audit by GSA 75.00 each X6 32,000 = 1500.00  233/Repair and maintenance office equipment 234Repairs and maintenance motor vehicles 234R&M Data Processing Equipment  Muller copiers  241 243Utilities 251Telephones 252/Postage 253Advertising 255Cellular Service 262Mileage 264/Room and meals 265 Registrations and training 271Insurance on building 272/Insurance on motor vehicles (2) 274General Liability Insurance 409Subscriptions 470Minor office equipment & Furn. $500-$4999 541 Direct equipment and furniture total budget  Contract- - Ingenuity software  Add'l schMark &. Jill Add'I: schMark &. Jill  map plotter    Exhibit 4  ALABAMASTATECAPTOL. 6001 DEXTER AVENUE SUITES-105 MONICOMERY,AL36130  (334)242-7200 FAX (334)242-4993 WWWSOSALABAMACOV ORACAIEMAALIMACON  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 ber mailed)  Dale County  202S_Hwy. 123, Suite C Ozark,AL.36360  Name of Primary Contact: Direct Telephone Number:  Cheryl Ganey 334-774-6025, Ext. 2405 ganeygoalecounyorg Sharon Michalic 334-774-2754, Ext. 2632 propateudge@dalecountyal.org  Email:  Name of Secondary Contact: DirectTelephone Number:  Email:    Exhibit4  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 to be Purchased or Funded with, Concise Description 1271 Poll workers @$50.00 Temp Staffmember to assist Absentee Election Manager @ $75.00 per day (45 days)  Cost of Items (Must attach quote or invoice) $6,350.00 $3,375.00  Reason for Purchase/Funding  Additional Compensation TempSrTorAEM Sept. 9, 2020 through Nov. 10, 2020  ES&S Additional Absentee Ballot machine (DS200)  $1,440.00  To assist AEM in anticipated increase of absentee ballots  Superior Cleaning Solutions 4 Cases ofHand sanitizer t2-sPmfboxsperase, 60 Cases ofLysol Aerosol Spray 35,000 Stylus pens U.S. Business Products, Inc 3001 boxes Disposable 3j ply Masks $4,350.00 5501 boxes Disposable Ink pens 10 cases Lysol Disinfecting Wipes $450.00 Premier Carpet Care  $600.00 $750.00 $11,200.00 $3,289.00 $11,446.80  refills for sanitizing stations Cleaning & Sanitizing polling locations For voters to sign E-poll books Masks for voters and poll workers Disposable Ink pens for voters and poll Sanitizing and Cleaning Polls Professional Pre/Post cleaning of polling locations due to Covid-19  workers  TOTAL: $43,250.80  Please provide details for each non-repeatingi item for which you: are seeking funding.  Makeadditional pages, ifnecessary.    Exhibit4 4  Total Request & Certification  Total Amount of Fundingl Request  $43,350.80  I,  in my capacityas Sheriffof  County, submit  this application for Election Expense Funding related to COVID-19.  (Sheriffshall signt this certification if any requested funding is applicable to the Sheriff)  Sharea_A-Michalic. in my capacity as the] judge of Probate of Dale.  County, submit this application for Election Expense Funding related to COVID-19.  amuchale  Sharon  Qudge ofl Probate shall sign this certification: if any requested funding is applicable tot the] Judgeo ofProbate)  IDelores Woodham inr my capacity as the Absentee: Election Managero of  Dales  County, submit this application for Election Expense Funding related to COVID-19.  (Absentee Election Manager shall sign this certification ifany requested fuding is applitabletothe Absentee Election  Manager)  Ayame  Mark Blankenship  inj my capacity as Chair/President of Dale  County Commission, submit this applicâtion for Election Expense Funding related to COVID-19f for the: aforesaid county. By: signing this application,! I certify that all information contained herein is accurate: and complete tot the best of my knowledge, thata all state purchasing and/or bid laws and/or local purchasing regulations have been strictly followed related to the proposed purchase(s), that the amount for which I am seeking funding willl be: spent only oni items ors services in this application: and that noi individual or company for which funding willl bes spent has been suspended or debarred from access to acknowledge that any misrepresentation: oft 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 Commission andt thata any other  federal funds.  penalties provided by Federal and Statel law may: apply.  Name of County: Signature of Chair/President oft the County Commission: Date:  Dale 2 Min 9k0  SWORN AND: SUBSCRIBED before me on this 2 ayarbeptinbu MYCOMMISSION EXPIRES the_ a3 dayof mansla  2020.  202,2,   kichaDphon) SIGNATURE OF NOTARXPUBLIC  (SEAL)  (NOTARIZATION. REQUIRED ONLYI FOR CHAIR/PRESIDENT OF COUNTY  * ALABANA    Exhibit4  Total 127  POLLWORKERS GENERAL ELECTION 2020  BEATI-OZARK OZARK CIVICCENTER CHIEFI ISFICTOSPROVBONAL ELIZABETH FAYE BROWN ANN SULLIVAN NSFKCTORSPROYHIOMAL DIANA FLENTORY SARAH DEANN MEDLEY JUDY BURG CLERKS ELIZABETH SCHISLER PAM SCHISLER CONNIE C. JOHNSTON BETTY SMITH PATSY M. BOLTON SUSANJUDAH MARKTHAESWINEHART JACKIE. ATKINS TERRYTEETER JUDY BLUDSWORTH GAYNELLE MIXON PAM CARROLL CATHERINE GWYN-WHIDDON CAROLYN MCCRAY JAMES H. BEASLEY KATHRYN FERRELL SARAHAYWOOD OTHAN GILBERT LAURABRUCE CAROLYN WOOLEY KERRY BROWN PAULATEETER DELOISE MURRY JAMES WEBB ANITA WHITE LISA MOATES ACYTUCKER KELOTHA. A. THOMPSON ALICE OLSON  34    Exhibit 4  BEAT2-CLAVIAICIEE  VOTING CENTER ATCOMMUNITY HOUSE  GAYLE POUNCEY- INSPECTOR/PROVISIONAL SHELBY BENEFIELD- CHIEF CLERKPROVISIONAL  CLERKS PATRICIAARKINGTON JANETE. GUICE  BEAT3-DALEVILLE VOTING CENTERATDALEVILIE CULTURAL & CONV.CTR.  DEBRA RICHARDSON- INSPECTOR/PROVISIONAL BOBBY R. HARDRICK - CHIEF CLERKPROVISIONAL  CLERKS YVONNE DIXON KATHERYNE HORACE OLIVIA CHAVEZ JOHN FLOURNOY RACHEL BYRD JENNIFER MARSHALL Lynelle Bumgardner BEAT4-NEWTON  9  VOTING CENTERATCIIYHALL  PATSY BLOCKER -I INSPECTOR/PROVISIONAL PEGGY BLOCKER- CHIEF CLERKPROVISIONAL  CLERKS SANDRA' TURNER MYRA WOODARD PEGGY SHELLEY BEATS-ARGUTA  VOTING CENTER AT COMMUNITY CENTER  JODY RICHARDSON- INSPECTOR/PROVISIONAL JOSEPHINET. WINDHAM-CHIEF CLERKPROVISIONAL  CLERKS  MAGGIE RUTH THARP BARBARA NANCE BEAT6-PINCKARD  VOTING CENTER AT CITY HALL  DANA COURTNEY- INSPECTOR/PROVISIONAL JUNE THOMPSON - CHIEF CLERKPROVISIONAL  CLERKS CELIA BAGGETT ELISABETH PAYTON HARLEY PAYTON PROCTOR    Exhibit4 4  BEAT7BOX1  ROCKYE HEAD- VOTING CENTERAT COMMUNITY HOUSE  HELEN DOWNING-1 INSPECTOR/PROVISIONAL BRENDALEWIS- - CHIEF CLERKPROVISIONAL  CLERKS  JENNIFER WHITMAN FRANKLIN M. JACOBS  BEAT7BOX2 ROCKYHEAD - FORTI RUCKER: VOTING CENTERAT  FORIMBERKCOHTONTRC  SHEILA WALLER- - INSPECTOR/PROVISIONAL STEPHANIE SENN- CHIEF CLERKPROVISIONAL  CLERKS AMBER FAULK LYNN ABDREWS BEAT8BOX1  MIDLAND CITY- VOTING CENTER. AT VOTING HALL  BRIDGETT BENNETT-INSPECTORPROVISIONAL JENA BUCHANAN- CHIEF CLERKPROVISIONAL  CLERKS ANN MCKNIGHT CYNTHIAC.GARY JOYCECHANDLER BEAT8 BOX2  GRIMES- VOTING CENTER AT COMMUNITY CENTER  TANYA MATTHEWS- INSPECTOR/PROVISIONAL KENNETH MATTHEWS- CHIEF CLERKPROVISIONAL  CLERKS WANDA BRYANT BARBARA GUTHRIE BEAT8BOX3  SYLVAN GROVE - VOTING CENTER AT VOTING HALL  PATRICIA HODGES- INSPECTOR/PROVISIONAL RHONDA MORALES- CHIEF CLERKPROVISIONAL  4  CLERKS DEBRA KIRKLAND ROGER D. HICKS    Exhibit 4  BEAT9-ECHO VOTING CENTERA AT ECHO FIRE/RESCUE COMMUNITY FACILITY  MARGARET MCKEE- INSPECTOR/PROVISIONAL JUDY MCDANIEL- CHIEF CLERKPROVISIONAL  CLERKS LINDA DANKERT JENNIFER BRIDGES MARY A. BEVERETT  BEATI0-CLOPTON VOTING CENTER AT VOTING HALL LINDAPARAMORE- INSPECTOR/PROVISIONAL BILLY N. PARAMORE CHIEF CLERKPROVISIONAL  CLERKS  LACHRISSHA CULPEPPER GAYLE N. RHODES BEATI II-SKIPPERVILLE  VOTING CENTER ATS SKIPPERVILLE UNITED  METHODIST CHURCHACTIVITY BUILDING CHRIS WISHAM - INSPECTOR/PROVISIONAL MARY BLUDSWORTH - CHIEF CLERKPROVISIONAL  CLERKS JULIA GASSETT DIANNE THARPE BEAT1 12-ARITON  VOTINGCENTER AT CITY] HALL  ANGELA MITCHELL-INSPECTORPROVISIONAL MARGARET ADKINSON- CHIEF CLERKPROVISIONAL  CLERKS CHRISTINE TILL MELISSA OLIVER BEAT13-) BERTHA ACTIVITY BUILDING  VOTING CENTER. AT NEW HOPE BAPTISTCHURCH  BILLY R. GRANTHAM-I INSPECTOR/PROVISIONAL MARY GRANTHAM- CHIEF CLERKPROVISIONAL  CLERKS JEAN W. BAREFIELD ROGER BAREFIELD    Exhibit 4  BEAT14-1 EWELL  VOTING CENTERAT EWELLFIRE STATION  ELAINE WOODHAM -I INSPECTOR/PROVISIONAL SHERRIE. ANN POWERS- CHIEF CLERKPROVISIONAL  CLERKS JAMES B. LOYAL SALLYHARRISON KEITHJORDAN DANIEL WOODHAM BEATIS-MARLEYMILL  Lo  FORESTRY COMMISSION DISTRICT CENTER  MARTHA: FAULK- INSPECTOR/PROVISIONAL TERRY SULLIVAN- CHIEF CLERKPROVISIONAL  CLERKS  ELMER STANLEY PARKER BETTY SUE CHILDREE GAYLELITTLE BEVERLY LEACH BEATIG-LEVELPLAINS  VOTING CENTER. ATCOMMUNITY CENTER  SHELIA PARRISH- INSPECTOR/PROVISIONAL MAMIE E. CHAIN- CHIEF CLERKPROVISIONAL  CLERKS FRANK STONE, JR. WILLIE REYNOLDS TAMARIAALEXANDER PAULALEXANDER MICHELLE GATLIN HEATHER FURNISS ABSENTEE- - OZARK  DONNA SNELL- INSPECTOR/PROVISIONAL VIRGINIA GODEKE- CHIEF CLERKPROVISIONAL  CLERKS DEBORAH CHILDREE BRYAN BROOKSHIRE    Exhibit4 4  STATE OF ALABAMA DALE COUNTY OZARK, ALABAMA36360  OFFICE OF CLERK OF THE CIRCUIT COURT  DELORESI WOODHAM Clerk-Register August 31, 2020 Dale County Commission Cheryl Ganey, County Administrator 202 Highway 1235, Ste.c Ozark, AL 36360 Mrs. Ganey,  P.O.D DRAWER 1350 OZARK, AL: 36361 774-5003  Inr regards to the 2020 General Election and thei increase of Absentee Ballot requests due to COVID-19, am requesting the addition of one (1) employee to assist with processing applications. Pursuant tot the information received from the Secretary of State's Office on August 11, 2020, the employee has been approved for compensation int the amount of $75/day, form September gth through November: 10, 2020. Reimbursement for this employee willl be claimed byt the Commission through the CARES Act Election The employee'sname is Mary Frances Phillips. Attached is a copy of her driver's license and social security card. I'm not sure ify you want tol handle this by direct deposit or check. Ifyoux want to do direct  Expense application process.  deposit, just let me know andiwillg get heri information. Ado Woudham  Thank you,  Delores Woodham Dale County Circuit Clerk Absentee Election Manager    Exhibit4  Maintaining voter confidence. Enhancing the voter experience,  Additional Absentee Ballot Machine Rental Proposal Quote Submitted by Election Systems & Software Rental Solution Includes: Item Description Tabulation, Hardware Election Services Shipping & Others  Quantity  Price $945.00 $115.00 $380.00 $1,440.00  Model DS200 Precinct Scanner: Standard 4GBN Memorv Device) Equipment! Installation Shipping & Handling Totall Rental Solution  ModelI DS200 WITHOUTI Ballot! Box( (Includes Scanner, Carrying Case, Paper Rolla and One (1)  Footnotes: requested delivery,  1. Pricingreflects! Per Election rentalr rates utilizing rental poole equipment. Rentale equipment iss subject to availability att time of 2. This quotei isa ane estimate and iss subject tof final review and approvalb by both ES&S andt the Customer. Any: applicable (City & State)s sales taxes haver notb been included inj pricinga and are ther responsibility oft the customer. The quantity ofs service days reflectsa areasonable estimate fori implementation: ands selected ongoinge election services. Quanitites AF Rental Cancellation! Feec of1 10%0 ofthe Total Rental Solution Fees shall: applyi int thee eventt the Customer does not provide written notification" to ES&S ofitsi intentt toc cancel an Electiona atl least forty-five (45) days priort toas scheduled! Electiono covered under an  3. Rates valid for 30 daysa andt thereafter may change. may change depending ons specific Customer needs. Agreement between ES&S and the Customer.  8/20/2020  Rental Quote  1of1    Exhibit4  Superior Cleaning Solutions 8386: Jonesboro Rd Ste B Daphne AL 36526 Phone # 205-335-8872 Fax # Bill To: Dale County Courthouse Attn: Dale County Commission 2020 South AL-123 Ozark, AL 36360 USA  Proposal  Proposal Date: 9/1/2020 Proposal #: 2020-1  251-517-5543  Description  Est. Hours/Qty:  Rate 150.00 125.00 0.32  Total 600.00 750.00 11,200.00  Case of Hand Sanitizer (12 800 ml boxes per case) Case of Lysol Aerosol Spray (12 cans per case)  4 6 35,000  Stylus Pens each  General Election November 3, 2020 COVID-19 Supplies  Total  $12,550.00    Exhibit4  U.S. Business Products P.O. Box 9172 Dothan,AL36304 P.O.E Box 9172 Dothan,AL36304 Phone: (334)983-8735 Fax: (334)983-3342 Ship To  Invoice 149571 Invoice Date 09-01-20  u.s. BUSINESS FSC Certification SCS-COC-003266 FSC License CO92641 FSC Mix  PRODUCTS,INC.  Bill Tor  DALE COUNTY PROBATE. JUDGE* 1ST FLOOR,COURTHOUSE 1E.COURT SQUARE OZARK,AL36360  DALECOUNTY PROBATEJUDGE 1ST FLOOR, COURTHOUSE 1E.COURT SQUARE SHARON OZARK,AL36360.  Order # Order Date Ship Date Partt  149571 08-26-20 08-26-20  Ordered By ShipVia Tracking #  Your PO# Terms Qty Ord  DELMVERY  NET 30 DAYS Qty BkOrd Price Shp  9-1-20 BILLI PER DALLASGRAY  Ext Price  Description 50/BX  Unit  DSPOSABLEMASKSEX DISPOSABLE MASKS, 3-PLY,  BX 300.00 300.00 0,00/14.50/4,350.00, BOX 550.00 550.00 0.00 5.98/3,289.00  BSN37531  PENBPSTKMEDBK, 60CT  Notes & Comments  temTotal 7,639.00 Shipchg SalesTax Invoice Total 7,639.00  **2020 GENERALELECTION COVIDI EXPENSE**  0.00    Exhibit 4 Invoice 149234 Invoice Date 08-26-20  U.S. Business Products P.O.B Box 9172 Dothan,AL36304 PO.Box:9172 Dothan,AL36304 Phone: (334)983-8735 Fax: (334)983-3342 - Ship To  u.s. BUSINESS FSC Certification SCS-COC-003266 FSC License CO92641 FSCI Mix  PRODUCTSINC.  Bill To  DALE COUNTY PROBATEJ JUDGE* 1ST FLOOR, COURTHOUSE 1E.COURT SQUARE OZARK,AL36360  DALE COUNTY PROBATE. JUDGE 1ST FLOOR,COURTHOUSE 1E.COURT SQUARE OZARK,AL36360 Best) Way 8-26-20 MELENA SHIVER  2020 GENERAL ELECTION COVID EXPENSE  Order # Order Date Ship Date Part #  149234 08-19-20 08-19-20 Description LEMON/LIME  Ordered By ShipVia Tracking #  Your PO# Terms Qty Unit Ord Shp  DALLAS GRAY NET 30 DAYS Qty BkOrd Price  Ext Price  RAC77182CT, LYSOL4 IN1 DISINFECTING WIPES,  CS 10.00 10.00 0,00,45.001450.00  Notes & Comments  ItemTotal 450.00 Ship Chg SalesTax Invoice-Total 450.00  2020 GENERALELECTION. COVID EXPENSE  0.00    Exhibit 4  Premier Carpet Care  QUOTATION  1474 South Union Avenue Post Office Box 2442 Ozark, Alabama 36361 Phone: 334-445-6000 Fax: 334-443-6000 E-mail: PremierCarpetCare @yahoo.com  Date: 08/26/2020  Quotation for: Dale County Probate. Judge Sharon Michalic Ozark, Alabama 36360  Date  Description  Amount $5723.40  Pre-clean General Election (11/03/2020) polling places in re-  sponse to COVID 19 concerns sponse to COVID 19 concerns  Post-clean General Election (11/03/2020) polling places in re- $5723.40  11446.80  Thank) youf for considering Premier  Carpet Care.    Exhibit 4    Exhibit 5  HRRR-2319(253)  CONSTRUCTION AGREEMENT FOR A PROJECT  HIGH RISK RURAL ROADS PROGRAM  BETWEEN THE STATE OF ALABAMA DALE COUNTY COMMISSION Project No. HRRR-2319(253) County Project No. DCP23-08-18 CPMS Ref# 100069567 PART ONE (1): INTRODUCTION  AND  This Agreement is made and entered into by and between the State of Alabama (acting by and through thes Alabama Department ofTransportation), hereinafter referred to as the STATE; and the Dale County Commission, Alabama, (FEINI 63-6001505) hereinafter referred to as the  COUNTY.  WHEREAS, the STATE and the COUNTY desire to cooperate in the installation of Guardrail and Guardrail End anchors at BIN 12976 (CR-113), BIN 10981 (CR-60) and BIN 3095 (CR-54); HRRR-2319(253); DCP 23-08-19; CPMS Ref# 100069567.  NOW, THEREFORE, it is mutually agreed between the STATE and the COUNTY as  follows:  PARTTWO (2): FUNDING PROVISIONS  A. Project Funding: Funding for this Agreement is subject to availability of Federal Aid funds at the time ofauthorization. Cost for the project will be financed, when eligible for Federal participation, on the basis of90 percent High Risk Rural Roads funds (HRRR) and 10 percent COUNTY funds. Any deficiency in Federal Aid or overrun in costs will be borne by the COUNTY from COUNTY funds unless approved in writing by the STATE. In the event of an underrun in construction costs, the amount of Federal Aid funds will be the amount stated below, or 90% of eligible costs, whichever is less. B. The estimated cost and participation by the various parties is as follows:  FUNDING SOURCE HRRR Funds County Funds  ESTIMATED COSTS $ 72,846.00 $ 8,094.00 $ 80,940.00  TOTAL (Incl CE&I & Indirect Cost)    Exhibit 5  HRRR-2319(253)  Iti is further understood that this is a cost reimbursement program and no federal funds will be provided to the COUNTY prior to accomplishment of the work for which it 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 to be ineligible for reimbursement by the Federal Highway Administration (FHWA) or in excess ofthe 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 of funds for projects containing Industrial Access funds shall lapse ifa contract has not been awarded for construction of the project within (12) months of the date ofthe funding approval by the Board and the approved allocation shall be returned to the IARB for re-allocation. A time extension may be approved 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 ofthe date oft 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.  IARB upon formal request by the applicant.  allocation being returned to the STATE.  PARTTHREE (3): PROJECT SERVICES  A. TheC COUNTY will furnish all Right-of-Way for the project. Associated Right-of-Way acquisition costs will not be an eligible cost to the Project. The Right-of-Way acquisition phase is hereby defined as the appraisal fees, appraisal review fees and the cost of All work accomplished under the provisions ofthis 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 ofthe lease or easement will not be less than the expected Acquisition of real property by the COUNTY as a part of this project will conform to and be in accordance with the provisions oft the Federal Uniform Relocation Assistance & Real Property Acquisition Policies Act (49 CFR 24, Subpart B), all federal environmental Any property acquired shall be in the name oft the COUNTY with any condemnation or 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 ofthis Agreement will be permitted without prior written approval from the STATE or FHWA. The STATE or FHWA will be credited on a prorata share, as provided in Part Two, Section B, any revenues received by the COUNTY from  acquisition incurred.  life ofthe improvements.  laws, and all other applicable state and federal laws. other legal proceedings being performed by the COUNTY.  Project or to the Title 23 Collector Account.  the sale or lease of property.  2    Exhibit5  HRRR-2319253)  B. The COUNTY will adjust and/or relocate all Utilities in conflict with the project improvements. Associated Utility costs will not be an eligible cost to the project. The COUNTY will relocate any utilities in conflict with the project improvements in accordance with applicable Federal and State laws, regulations, and procedures. 2. 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 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 STATE a project budget for approval. This budget will be in such form and detail as may be required by the STATE. At a minimum, 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 be provided for approval by the Region Engineer and date of such approval. All cost for which the COUNTY seeks reimbursement must be included in al 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 ofthe STATE in writing, in order to's successfully carry out the project. However, under no circumstances will the COUNTY be reimbursed for expenditures over and beyond the amount approved by 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, is ofrecord in the Alabama Department of Transportation and is 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 in the loss of federal funding and the refund of any federal Projects containing Industrial Access funds or State funds, with nol 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 IndustridlAccess Funded County and City Projects, and attached hereto as a part ofthis 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 of 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 ofmaterials when needed as part of the cost oft the project. The COUNTY may request the use: ofa an approved third- party materials inspection and testing provider, as approved by the STATE.  Engineering costs will not be an eligible cost to the project.  STATE.  funds previously received on the project.  to the COUNTY letting the contract.  eligible cost to the project.  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 to the project. For projects let to contract by the STATE, the STATE will be responsible for advertisement and receipt ofb bids, and the award oft thè Contract. Following the receipt ofbids and prior to the award ofthe Contract, the STATE will invoice the COUNTY for its pro: rata share of the estimated cost as reflected by thel bid oft the successful bidder plus Engineering & Inspection and Indirect Costs (ifa applicable). The COUNTY shall pay this  3    Exhibit5  HRRR-2319(253)  amount to the STATE no later than 30 days after the date 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 of 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 alll bids to the STATE with a recommendation for award. The COUNTY shall not award the contract until it has For projects with approval by the STATE to use COUNTY Forces, the Construction for the project will be performed by the COUNTY at actual costs for labor, materials, and Thej purchase of project equipment and/or services financed in whole or inj part pursuant tot 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 C.I 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 of record 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 oft 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, and will conform to and comply with the requirements of any such permit or license, and with each and every requirement ofany and all agencies, and of any and all lawful authorities having jurisdiction or requirements D. The COUNTY will comply with the Alabama Department of Transportation Standard Specifications for Highway Construction, Latest Edition, on this project and will ensure that work associated on this project meets the standards oft 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 S 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.  sO may lead to the rejection of the bid.  received written approval from the STATE. equipment, as approved by the STATE.  such entity.  contractor.  applicable to the project or to the project activities.  For all claims not subject to Ala. Code S 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 thereofarising out of, connected with, or related to the (1) work performed under this Agreement, (2)t the provision of any services or expenditure of funds required, authorized, or undertaken by the COUNTY pursuant to the terms of this agreement, or (3) misuse, misappropriation, misapplication, or misexpenditure ofany source of funding, compensation or reimbursement by the COUNTY, its officers, officials, agents, servants, 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  and employees.  4    Exhibit5  HRRR-2319(253)  with Alabama and/or Federal law) ofthe COUNTY, its agents, servants, employeesor G. Upon completion and acceptance of this project by the State, the COUNTY will assume full ownership and responsibility, for the project work and maintain the project in accordance with applicable State law and comply with the Department's. Local Road  facilities.  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 of 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 will be submitted in accordance with state law and will indicate that the payment is due, true, correct, 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 for the work. Any invoices submitted after this twelve-month period will not be eligible for payment. B. The COUNTY will not assign any portion ofthe 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 ofthe STATE. All charges to the Project will be supported by properly executed invoices, contracts, or vouchers, as applicable, evidencing in 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 part to the project will be clearly identified, readily accessible and to the maximum extent The COUNTY will report to the STATE the progress of the project in such manner as the STATE may require. The COUNTY will also provide the STATE anyinformation 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 oft the United States, and the Secretary ofthe USDOT, or either oft them or their respective authorized representatives, to inspect, at any time, vehicles and equipment utilized or used in performance oft the project; any and all data and records which in any way relate to the project or to the: accomplishment oft 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 ofthose requirements under federal law. D. The COUNTY will retain all books, records, and other documents relative to this Agreement for a minimum ofthree (3) years after project termination, expiration of Federal interest, or close out, and the STATE, the Comptroller General oft the United States, and the Secretary oft the USDOT, or either ofthem or their respective authorized representatives, will have full access to, and right to examine any ofs said materials at all 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, ifnot prohibited by a Federal,  Agreement, without the prior written approval of the STATE.  feasible, kept separate and apart from all others such documents.  their authorized representatives, as applicable.  reasonable times during said period.  5    Exhibit 5  HRRR-2319(253)  State or local law, must be applied for the maintenance and long-term upkeep ofthe F. An audit report must be filed with the Department of Examiners of Public Accounts, upon receipt by the COUNTY, for any audit performed on this project in accordance with  project authorized by this agreement.  Actl No. 94-414.  PART SIX (6): MISCELLANEOUS PROVISIONS  A. By entering into this agreement, the COUNTY is not an agent of the STATE, its officers, employees, agents or assigns. The COUNTY is an independent entity from the STATE and nothing in this agreement creates an agency relationship between the parties. B. Itis agreed that the terms and commitments contained in this agreement shall not be constituted as a debt oft the State of Alabama in violation of Article 11, Section 213ofthe Constitution of Alabama, 1901, as amended by Amendment 26. It is further agreed that if any provision of this agreement shall contravene any statute or Constitutional provision or amendment, either now in effect or which may, during the course ofthis agreement, be enacted, then the conflicting provision in this agreement shall be deemed null and void. By signing this contract, the contracting parties affirm, for the duration oft the agreement, that they will not violate Federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation ofthis provision shall be deemed in breach oft the agreement and shall be responsible for all damages resulting D. No member, officer, or employee of the COUNTY during their tenure of employment, and for one year thereafter shall have any interest, direct or indirect, inj this Agreement or E. The terms ofthis Agreement may be modified. by revision of this Agreement duly F. This agreement may be terminated by either party upon the delivery ofa thirty (30) day G. Nothing shall be construed under the terms ofthis Agreement that shall cause any H. This agreement shall terminate on September 30, 2020, as to any work provided herein for which funding has not been authorized, unless otherwise terminated by either party upon the delivery ofa thirty (30) day notice oftermination. The COUNTY agrees that the I Exhibits A, E,H, M, and N are hereby attached to and made a part ofthis Agreement.  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.  STATE may unilaterally extend the time oft the agreement  5    Exhibit 5  HRRR-2319(253)  IN WITNESS WHEREOF, the 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:  Dale County, Alabama  7  By:  Ni  By:  As Chairman (Signature) dBakske Type Name of Chairman  ARN Zelbank  Type Name of Clerk (AFFIX SEAL)  This agreement has been legally reviewed and approved as to form and content.  By:  William F. Patty, Chief Counsel  RECOMMENDED FOR APPROVAL:  Bradley B. Lindsey, P.E.  Acting State Local Transportation Engineer  Don T. Arkle, P. E. Chief Engineer  STATE OF ALABAMA, ACTING BY AND THROUGH THE ALABAMA DEPARTMENT OF TRANSPORTATION  John R. Cooper, Transportation Director  THE WITHIN AND FOREGOING AGREEMENT IS HEREBY EXECUTED AND  SIGNED BYTHE GOVERNOR ONTHIS  DAY OF  20  KAYI IVEY 7  GOVERNOR, STATE OF ALABAMA    Exhibit5  HRRR-2319(253)  RESOLUTION NUMBER  BEI IT RESOLVED, by the Dale County Commission as follows: Alabama Department ofTransportation relating to a project for the:  That the County enter into an agreement with the State of Alabama, acting by and through the Installation of Guardrail and Guardrail End Anchors at BIN 12976( (CR-113), BIN 10981 (CR-60) and BIN 3095 (CR-54); Project# HRRR-2319(253); DCP23-08-18;  CPMS Ref# 100069567.  Which agreement is before this Commission, and that the agreement be executed in 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 ofthe execution oft the agreement by It the undersigned qualified and acting Clerk of Dale County, Alabama, do hereby certify that the above and foregoing is a true copy ofa resolution lawfully passed and adopted by the County named therein. at a regular meeting ofs such Commission held on the 5% day of eptabe 2020, and that such resolution is on file in the County Clerk's Office.  the official seal oft the County be affixed thereto.  all parties, that a copy ofs such agreement be kept on file by the County.  ATTESTED:  M  Se4  CountyClérk  Chairman  yof Shk 20 20, and that such resolution is ofrecord in  the Minute Book oft the County.  IN WITNESS WHEREOF, Ihave hereunto  and  official seal ofthe  County on this 57 dayof E22  L6y  (AFFIX SEAL)  STD CONTRACT EXHIBITS    Exhibit5  HRRR-2319(253) REV. 9/19/16  EXHIBIT: A  PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN FEDERAL- Policy. It 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 apply to this 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 pérformance of contracts and subcontracts financed in whole or inj part with Federal funds provided under this agreement. The recipient shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to see that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts and shall not discriminate on thel basisofrace, 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 its subcontractor (if a subcontractor is authorized) to carry out the DBE requirements of this AGREEMENT shall constitute al breach ofcontract, and may result in termination ofthe contract by the STATE, or such other remedy may be undertaken by the STATE as it deems appropriate.  AID PROGRAM  AGREEMENT.  ofTransportation assisted contracts.  STD CONTRACT EXHIBITS  9    Exhibit 5  HRRR-2319(253) 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 the right to terminate this AGREEMENT ati 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  shall consider the following:  this AGREEMENT less any payments previously made.  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 he 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 will 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 of such work to the  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 ofa all parties.  CONTRACT BINDING ON SUCCESSORS AND ASSIGNS  a. This contract shall be binding upon the: successors and assigns ofthe respectiveparties b. Should the AGREEMENT be terminated due to default by COUNTY, such termination shall be in accordance with applicable Federal Acquisition Regulations.  hereto.  I0    Exhibit5  HRRR-2319(253) REV. 9/19/16  STD CONTRACT EXHIBITS  EXHIBIT! H Page 1  EQUAL RIGHTS PROVISIONS interest agrees as follows:  During the performance ofthis contract, the COUNTY for itself, its assignees and successors in  a. Compliance with Regulations  The COUNTY will comply with thel 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 oft this 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  incorporated by reference and made aj part ofthis contract.  limited to:  Pertinent Non-Discrimination Authorities:  Title VI oft 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. $4 4601), (prohibits unfair treatment of persons displaçed or whose property has been acquired because of Federal-Aid Highway Act of 1973, (23 U.S.C. $324 et seq.). (prohibits Section 504 ofthe Rehabilitation Act of 1973,(29 U.S.C. S 794 et seq.). as amended, (prohibits discrimination on the basis of disability); and 49 The Age Discrimination Act of 1975, as amended, (42 U.S.C. S 6101 etseq.). (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 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 ofTitle VI of the Civil Rights Act of 1964, The. Age Discrimination Act of 1975 and Section 504of 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 are Federally funded ornot); 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  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);  at4 49 C.P.R. parts 37and 38;  11    Exhibit 5  HRRR-2319(253) REV. 9/19/16  STD CONTRACT EXHIBITS  EXHIBIT H Page 2  The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. S 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 accesstoyour programs (70Fed. Reg. at 74087t074100); 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 et seg).  b. Nondiscrimination  In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. S 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. $ 6102, Section 202 of 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 of the Secretary ofLabor. In all solicitations either by competitive bidding or negotiation: made byt the COUNTY for work tol be performed under a subcontract, including procurements ofi materials 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 toi its books,  forth in Appendix B oft the Regulations.  Solicitations  or national origin. d. Information and Reports  12    Exhibit5  HRRR-2319(253) REV. 9/19/16  STD CONTRACT EXHIBITS  EXHIBIT H Page3  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 in the exclusive possession of another who fails or refuses tot furnish this information, the COUNTY: shall sO certify to the STATE, orthel 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 of the contract, in whole  to obtain the information. Sanctions for Noncompliance  determine to be appropriate, including but not limited to,  the COUNTY complies, and/or  or inj part.  Incorporation of Provisions  The COUNTY will include the foregoing provisions: a. through fi in every: subcontract, including procurements ofmaterials 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 suchi 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 aresult ofsuch direction, the COUNTY may request the STATE to enter into such litigation g. Equal Employment Opportunity The following equal employment opportunity  toj protect the interest oft the STATE. requirements apply to the underlying contract:  1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. $ 2000e, and Federal Transit laws at 49 U.S.C. S: 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 Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. $ 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that mayin the future affect construction activities undertaken in the course oft the Project.  13    Exhibit 5  HRRR-2319(253) REV. 9/19/16  STD CONTRACTI EXHIBITS  EXHIBITI H Page 4  The COUNTY agrees to takea 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 ofcompensation; 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, 291 U.S.C. S 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. S 12112, the COUNTY agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implément the Equal Employment Provisions ofthe Americans with Disabilities Act,"29C.F.R. 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  Thes 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 if fully set forth.  EXECUTORY CLAUSE AND NON-MERIT SYSTEM STATUS  a. The COUNTY specifically agrees that this AGREEMENT shall be deemed executory only to the extent ofmoneys savailable, and nol liability shall bei incurred by the STATE  beyond the moneys available for this purpose.  14    Exhibit 5  HRRR-2319(253) REV. 9/19/16  STD CONTRACT EXHIBITS  EXHIBIT H Page 5  b. The COUNTY, in accordance with the status OfCOUNTY as an independent contractor, covenants and agrees that the conduct OfCOUNTY will be consistent with such status, that COUNTY will neither hold COUNTY out as, or claim to be, an officer or employee oft 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 ofCOUNTY.  COUNTYS CERTIFICATIONS  The COUNTY by acceptance of 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 will be allowed for the purpose ofcommuting to and from work or for personal use ofa vehicle. The COUNTY agrees that the per diem rate will be limited to the rate allowed by the STATE at the time of execution ofthe AGREEMENT. The COUNTY agrees that a meal allowance shall be limited to COUNTY employees while ini travel status only and only  when used in lieu ofaj 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    Exhibit5  HRRR-2319/253) REV. 9/19/16  STD CONTRACT EXHIBITS  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 of and the submission ofthis Federal contract, grant, loan, cooperative AGREEMENT, or other instrument as might be applicableunder 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 of 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 parucipantrecipient 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 ofany Federal loan, the entering into ofany 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 ofCongress, an officer or employee ofCongress, oran employee ofa Member ofCongress 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 to Report Lobbying," in accordance with its instructions.  ori indirectly with other attachments to such instrument.  prospective participantrecipient, that:  orc cooperative agreement.  This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31,U.S. Code. Any person who failst to file the required certification shall be subject to a civil penalty ofi not less than $10,000a 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  not more than $100,000 for each such failure.  subrecipients shall certify and disclose accordingly.  16    Exhibit 5  HRRR-2319(253) REV. 9/19/16  STD CONTRACT EXHIBITS  EXHIBIT N  FUNDS SHALL NOT BE CONSTITUTED ASA 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 ofamendment, 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 ofi non-binding alternative dispute  provision in the AGREEMENT shall be deemed null and void.  resolution.  TERMINATION DUETO INSUFFICIENT FUNDS  a, Ifthe agreement term is to exceed more than one fiscal year, then said agreement is subject to termination int the event that funds should not be appropriated for the continued payment b. In the event of proration of the fund from which payment under this AGREEMENT is to  oft the agreement in subsequent fiscal years.  be made, agreement will be subject to termination.  NO GOVERNMENT OBLIGATION TOTHIRD PARTY CONTRACTORS  The STATE and COUNTY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval oft the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a 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 a 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 inj part with Federal assistance provided to FHWA. Iti is further agreed that the clause shall not be modified, except toi identify the subcontractor who will be subject to its provisions.  the underlying contract.  17    Exhibit 5  HRRR-2319(253)  STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION GUIDELINES FOR OPERATION  SUBJECT: PROCEDURES FOR PROCESSINGSTATE AND INDUSTRIAL  ACCESS FUNDED COUNTY AND CITY PROJECTS  No work can be performed and no contracts can be let prior to haying 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.  A project agreement will be 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 ofa project funding agreement at the time 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. It is not necessary for the Region to 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 project is 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.  ofat force account project.  reimbursement.  1-20  Rev. 10/2017  18    Exhibit5 5  HRRR-2319(253)  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 the bids, and, ifi in order, advise the County/City to proceed with award of the contract to the 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 ofLocal 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 aj period of three (3) years following receipt of final payment and made available for audit by the State upon request. Ifan audit is performed and proper documentation is not available to verify quantities and compliance with specitications, 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.  RECOMMIENDED FOR. APPROVAL:  BUREAU CHTEF/REGION ENGINEEB  APPROVAL: Srakh  CHIEE ENGINEER  APPROVAL:  HUEMBER. 1,Zor1 DATE  dL  1-20  Rev. 10/2017  19    Exhibit 6  CONSIRUCTION AGREEMENT FORA A FEDERAL AID PROJECT  BETWEENTHE STATE OF ALABAMA DALE COUNIY COMMISSION Resurfacing on CR-21 from SR-123 to the Ozark City Limits (Site. 1); Resurfacing on CR-82 from the Coffee: County Line to SR-53 (US-231) (Site 2); Widening and Resurfacing on CR-33 from CR-20 to CR-54 (Site. 3). Project No. RASIPAA-231925.) County Project No. DCP:23-02-19 CPMS Ref# 100070303 PARIONE(): INTRODUCTION  AND THE  This Agreement is made and entered into by and between the State of Alabama (acting by and through the Alabama Department ofTransportation), lereinafter referred to as the STATE: and the Dale County Commission, Alabama. (FEIN 63-0001505)herematter referred to asi the WHEREAS. the STATE and the COUNTY desire to cooperate inj the resurfacing on CR-21 from SR-123 to the Ozark City Limits (Site 1): resurfacing on CR-82 from the Coffee County Line to SR-53 (US-231)( (Site 2): Widening and Resurfacing on CR-33 from CR-20t0 CR-54(Site 3): Length - 3.242 miles: Project#f RASTPAA-2319252): DCP:23-02-19:  COUNTY.  CPMS Ref# 100070303. follows:  NOW,THEREFORE, it is mutually agreed between the STATEand the COUNTYas  PARTTWO(2): FUNDING PROVISIONS  A. Project Funding: Funding for this Agreement is subyecttonvailability, of Federal Aid funds at the time ofauthorization. The STATE will not be liable for Federal Aid funds in any amount. Any deficiency in Federal Aid or overrun in construction costs will be bome by the County from County, Federal Aid Funds. if available, from Rebuild Alabama Act Federal Aid Exchange Funds (FAEF). ifavailable. and from County funds. In the event ofan 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%0.    Exhibit 6  B. The estimated cost and participation by the various parties is as follows:  FUNDING SOURCE FA Funds (FY2019) FAEF County Funds  ESTIMATED COSTS 502.977.65 $ 230.112.18 $ 80.218.40 813,308.23  TOTALI (InclCE&I& Indirect Cost):  Itis further understood that this is a cost reimbursement program and no federal funds will be provided to the COUNTY prior to accomplishment of the work for whichi iti 1s requested. Furthermore. no federal funds will be reimbursed for work performed prior to Any cost incurred by the COUNTYrelating. to this project which is determined to be ineligible for reimbursement by the Federal Highway Administration (FHWA). or in excess ofthe 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 of funds for projects containing Industrial Access funds shall lapse if: a contract has not been awarded for construction of the project within (12) months of the date ofthe 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 bome and paid by the COUNTY. STATE directed to the COUNTY.  applicant.  allocation being retured to the STATE.  PARTTHREE (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 of 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 15 leased, or easements obtained. the terms of the lease Or easement will not be less than the expected. Acquisition ofreal property by the COUNTY as aj part oft this) project will confom to and be i accordance with the provisions ofthe Federal Uniform Relocation Assistance & Real Property Acquisition Policies Act (49CFR 24, Subpart B). all federal environmental. Any property or property interests acquired shall be in the name of the COUNTYwith any condemnation or other legal proceedings being performed by the COUNTY.  cost of acquisition incurred.  life of the improvements.  laws, and all other applicable state and federal laws.  2    Exhibit 6  The COUNTY shall follow all Federal regulations related to the Management, Leasing. and: Disposal of Right-of-Way, uneconomic remmants and excess Right-of-Way as found in CFR23 S 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 ofthis 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. andj procedures. AssociatedUtility costs will not be an eligible cost as part oft this Agreement. T The COUNTY will make the Survey, perform the Design, complete the Plans and funish 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 of 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 willl be in such form and detail as may be required by the STATE. Atai minimum, 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 be provided for approval by the Region Engineer and date ofsuch 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 of 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 ofrecord in the Alabama Department of Transportation and are hereby incorporated. in and made a part of this Agreement by reference. Itis understood by the COUNTY that failure of the COUNTY to carry out the project mn accordance with this Agreement and approved plans, including documents related thereto. may result in 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 fumished to the STATE in accordance with the Guidelines for Operations for Procedures for Processing State and Industridl-Access: Funded County and Cily Projects, and attached hereto as a part ofthis Agreement prior D. TheCOUNTY will furish all construction engineering for the project with COUNTY forces or with a consultant approved by the STATE as part oft the cost of the project. Construction Engineering & Inspection cost are not to exceed 10%. without prior approval by the State. AsociatedConstnction Engineering & Inspection costs will be an E. The STATE will fumish thes necessary inspection and testing of materials when needed as part of the cost ofthe project. The COUNTY may request the use of an approved third- party materials inspection and testing provider. as approved by the STATE.  Project or to the Title. 23 Collector Account.  the sale or lease ofproperty.  amount approved. by the STATE.  federal or state funds previously received on thej project.  to the COUNTY letting the contract.  eligible cost as part of this Agreement.    Exhibit 6  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 toj proceed. B. AssociatedConstrnction cost will be an eligible cost as part ofthis Agreement. For projects let to contract by the STATE, the STATE will be responsible for advertisement: and receipt ofbids and the award of the Contract. Following the receipt of bids and prior to the award ofthe Contract, the STATE will invoice the COUNTY for its pro rata share of the estimated cost as reflected by the bid of the successful bidder plus Engineering & Inspection and Indirect Costs (ifapplicable). The COUNTY shall pay this amount to the STATE no later than 30 days after the date bids are opened. Failure to do For projects let to contract by the COUNTY. the COUNTY shall comply with alll Federal and State laws, rules, regulations and procedures applicable to the advertisement. receipt ofbids, and the award of 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: witha 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 inj part pursuant to this Agreement will bei mn accordance with applicable Federal and State laws. rules, regulations. and procedures, including state competitive bidding requirements applicable to counties and municipalities inj the State of Alabama when the purchase is made by any I Ifnecessary, the COUNTY will file an Alabama Department ofEnvironmental 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 of record with ADEM for thej permit. The COUNTY and the contractor will be responsible for compliance with the permt and the State will have no obligation regarding the permit. The COUNTY will fumish 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 manners conform to and comply with the requirements) of any such permit or license: and comply with each and every requirement of any and all agencies. and ofa any and all lawful authorities having, jurisdiction or requirements D. The COUNTY will comply with the Alabama Department of Transportation 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. TheCOUNTY shall be responsible at all times forall of the work performed under this Agreement and, as provided in Ala. Code S. 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 S 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 from and against any and all damages, claims. loss, liabilities, attorney's fees or expense whatsoever or any amount paid in compromuse 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 ofthis Agreement, or  so may lead to the rejection of the bid.  received written approval from the STATE.  such entity.  contractor.  applicable to thej project or to the project activities.  4    Exhibit 6  (3)misuse. misappropriation, misapplication. or misexpenditure of any source of funding, compensation or reimbursement by the COUNTY, its officers. officials. agents. .1 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). oft the COUNTY, its agents, servants. employees or G. Upon completion and acceptance of this project by the State. the COUNTY will assume full ownership and responsibility for the portion of the project work on COUNTY right- of-way and maitamn the project in accordance with applicable State law and comply with  servants, and employees.  facilities.  the Department'sLocal. Road Maintenance Certification Policy.  PARTFIVE (5): ACCOUNTING PROVISIONS  A. The COUNTY will, when appropriate. submit reimbursement invoices to the STATE for work performed in carrying out the terms of 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 perfommed under this Agreement. Invoices for payment will be submitted in accordance with state law and will indicate that the payment is due. true, correct, and unpaid, and the invoice willl 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 ofthe 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 bej performed under this. Agreement or execute any, contract, amendment or change order thereto, or obligate itself inany 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 determned by the auditor of the STATE. All charges to the Project will be supported by properly executed invoices, contracts, OF vouchers. as applicable, evidencing m proper detail the nature and propriety oft the charges in accordance with the requirements. of the STATE. All checks, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part tot the project will be clearly identified, readily accessible and to the maximum extent The COUNTY will report to the STATE the progress of 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 bes requested by the STATE. The COUNTY will permit the STATE. the Comptroller General of the United States, and the Secretary of 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 i1l any way relate toi 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 2CFR Part 200 requrements, or the most current version of 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 of the United  Agreement, without the pnor written approval oft the STATE.  feasible, kept separate and apart from all other such documents.  their authorized representatives, as applicable.  5    Exhibit 6  States, and the Secretary of the USDOT, or either of them or their respective authorized representatives, will have full access to and the right to examme 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, ifnot prohibited by a Federal. State or local law, must be applied. for the maintenance and long-term upkeep oft the F. An audito 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): NISCELLANEOLS PROVISIONS  A. By entering into this Agreement, the COUNTYis not an agent of the STATE. its officers. employees, agents or assigns. The COUNTY is an independent entity from the STATE, andnothing in this Agreement creatès an agency relationship between the parties. B.I Itis 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 ofthis Agreement shall contravene any statute or Constitutional provision or amendment, either now in effect or which may bes enacted during the term of this Agreement. then the conflicting provision in this agreement shall be deemed null and .Bysigning this Agreement. the contracting parties affirm, for the duration of the Agreement, that they will not violate Federal immigration law or knowingly employ, hire for employment. or continue to employ an unauthorized alien within the State of Alabama. Furthermore. a contracting party found to be in violation of this provision shall be deemed in breach of the Agreement and shall be responsible for all damages resulting D. Nomember, officer, or employee of the COUNTY. during their tenure of employment and for one year thereafter. shall have any interest. direct OD indirect. in this Agreement or E. The tems of this Agreement may be modified by revision of this Agreement duly F. This Agreement may be terminated by either party upon the delivery ofa thirty (30). day G. Nothing shall be construed under the terms ofthis Agreement that shall cause any H. Exhibits A, E,H, M, and N arel hereby attached to and made aj part oft this Agreement.  void.  therefrom.  thej proceeds. profits, or benefits therefrom. executed by the parties hereto. notice of termination.  conflict with Section 23-1-63. Code of Alabama, 1975.  6    Exhibit 6  INWITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by those officers, officials and persons duly authorized to execute same, and the Agreement isdeemed to be dated and tol be effective on the date hereinafter stated as the date ofits  approval by the Governor of Alabama.  ATTEST:  Dale County, Alabama N As Chairman (Signature) Mark Blaeshp  By:,  By:  AG 2EIb Print NameofClerk (AFFIX SEAL)  Print Name of Chairman  This agreement has been legally reviewed and approved as to form and content.  By:  William F. Patty, ChiefCounsel  RECOMIMENDED FOR APPROVAL:  D.E. (Ed) Phillips, P.E. State Local Transportation Engineer  Don T. Arkle, P.E. ChiefEngineer  STATE OF ALABAMA, ACTING BY AND THROUGH THE. ALABAMA DEPARIMENT OF TRANSPORIATION  John R. Cooper, Transportation Director  THE WITHIN AND FOREGOING AGREEMENT ISI HEREBY EAECUTED AND  SIGNED BY THE GOVERNOR ON THIS  DAY OF.  20  KAYIVEY 7  GOVERNOR, STATE OF ALABAMA    Exhibit 6  RESOLUTION NUMBER  BE IT RESOLVED. by the Dale County Commission as follows: Alabama Department otTransportation. relating to aj project for:  That the County enter into an agreement with the State of Alabama, acting by and through the Resurfacing on CR-21 from SR-123 to the Ozark City Limits (Site 1); resurfacing on CR-82 from the Coffee County Line to SR-S(S-231)Site 2); Widening and Resurfacing on CR-33 from CR-20 to CR-54 (Site 3); Length - 3.242 miles; Project# RASIPAA-2319252: DCP: 23-02-19; CPMS Ref# 100070303.  Which agreement is before this Commission, and that the agreement be executed in the name of the County. by the Chairman for and on its behalf and that it be attested by the County Clerk and BE ITFURTHER RESOLVED, that upon the completion oft the execution of the agreement by I the undersigned qualified and acting Clerk of Dale County, Alabama, do hereby, certify that 1 that such resolution is on file in the ComtyCleiksOftice.  the official seal of the County be affixed thereto.  all parties. that a copy of such agreement be kept on file by the County. the above and foregoing is a true copy ofa resolution lawfully passed and  by the County  regular meeting of such Commission held on the d dayof  ATTESTED:,  DGy  S whi  County Clerk BHhlyof the Minute Booko ofthe County. IN WITNESS WHEREOF. Ihave  Chairman  2020 and that such resolution is ofrecord in  e  hand and affixed the official seal of the  County on this 57k day yof HEE 2020  C  (AFFIX SEAL)  8    Exhibit 6  STD CONTRACTI 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 apply to this DBE Obligation. The recipient of funds under the terms oft 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 o1 in part with Federal funds provided under this agreement. The recipient shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to see that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts and shall not discriminate on thel basis ofrace, color. national origin, or sex in the awardand asDymn Failure of the recipient of funds under the terms of this AGREEMENT, or failure of its subcontractor (if a subcontractor 1s authorized) to carry out the DBE requirements of this 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.  AID PROGRAM  AGREEMENT.  otTransportation assisted contracts.    Exhibit 6  STDC CONTRACT EXHIBITS  REV. 9/19/16  EXHIBITE  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 al breach of contract. b. The STATEI 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 detemmined. In determining the value of the work performed, thei STATE 1. The ratio of the amount of work performed by the COUNTY prior to the termination of the AGREEMENT to the total amount ofwork contemplatedby 2 The amount of the expense to which the COUNTY is put in performing the work to be teminated in proportion to the amount of expense to which the COUNTY wouldhavebeen put had he 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 temmnation, no consideration willl be given tol profit. wlishiecouNTynialt have made OIl 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 toi termination shall be fixed solely on the ratio of the amount of such work to the  shall consider the following:  this AGREEMENT less any payments previously made.  total amount of work contemplated by this AGREEMENT.  CONTROVERSY  In: any controversy conceming contract terms, or on a question off fact in connection with the work covered by this project. including compensation for such work, thes decision oft the Transportation Director regarding the matter in issue or dispute shall be final and conclusive of all parties.  CONTRACT BINDING ON SICCESSORSAND, ASSIGNS  a. This contract shall be binding upont the successors and assigns oft the respectiveparties b. Should the AGREEMENT be terminated due to default by COUNTY. such termination shall be in accordance with applicable Federal Acquisition Regulations.  hereto,  10    Exhibit 6  STD CONTRACI EXHIBITS  REV. 9/19/16  EXHIBITI H Page I  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 ofthe) Department ofTransportation relative to nondiscrimination in federally-assigned programs of the Department of Transportation (Title 49. Code ofFederal Regulations, Part 21, as amended by 23 CFR. 710-405(b). hereinafter referred. to as the Regulations). which are herein During the performance oft this 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 oft the Civil Rights Act of 1964(42U.S.C. S 2000d erseq. 78 stat. 252), (prohibits discrimination on1 the basis ofrace, color. national The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.(42U.S.C. S 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal-Aid Highway Act of 1973.(23U.S.C. $324etseq. (prohibits Section 504 ofthe Rehabilitation Act of 1973,(29U.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. S 6101 erseq.). (prohibits discrimination on the basis of age): Airport and Airway Improvement Act of 1982. (49USC $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 ofTitle VI of the Civil Rights Actofi 1964,The. Age Discrimination Act of 1975 and Section 504of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs oI activities ofthe Federal-aid recipients. sub-recipients and contractors, whether such programs or activities arel Federally funded or not); Titles II and IIIofthe Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of publici 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 oft this contract,  limited to:  Pertinent Non-DiscrimmationAuthorities: origmn); and 49 CFR Part 21.  Federal or Federal-aid programs and projects): discrimination on the basis of sex):  CFR Part 27:  color, national origin. or sex):  at49 C.P.R. parts 37 and 38:  11    Exhibit6 6  STD CONTRACT EAHIBITS  REV. 9/19/16  EXHIBITH Page 2  The Federal Aviation Administration's Non-discrimination statute (49U.S.C, S 47123) (prohibits discrimination on the basis of race, Executive Order 12898. Federal Actions tor 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 o1 environmental effects oI 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 toyour programs (70Fed. Reg.at7408710 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. 1681e et seq).  Nondiscrimination  Ina accordance with Title MIofthe Civil Rights Act, as amended, 42U.S.C. $ 2000d, Section 303 of the Age Discrimination Act of 1975. as amended. 42U.S.C. $ 6102. Section 202 of the Américans with Disabilities Act of 1990, 42U.S.C. S 12132,and Federal transit law at 49 U.S.C. S 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 of the Secretary ofLabor. Inall solicitations either by competitivel bidding or negotiationmadel by the COUNTY for work to be performed under a 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 of the Regulations.  C. Solicitations  or1 national origin. d. Information and Reports  12    Exhibit 6  STD CONTRACTEXHIBITS  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 toi be pertinent to ascertain compliance with such Regulations. orders and instructions. Where any information required of a COUNTY is in the exclusive possession of another who fails or refuses to furnish this information, the COUNTY'shall: so certify to the STATE. or the Federal Highway Administration as appropriate. and shall set forth what efforts it has made In the event of the COUNDYSnomomplae with the nondiscrimination provisions provided for herein, the STATE shall impose such contract sanctions as it may  to obtain the information. Sanctions for Noncompliance  determine to be appropriate. including but not limited to.  withholding of payments to the COUNTY under contract until 2. cancellation, termination oE suspension of the contract, in whole.  the COUNTY complies, and'or  or inj part. Incorporation of Provisions  The COUNTY willi include the foregoing provisions a. throughfine every subcontract. including procurements of materials and leases of equipment. unless excepted. by the Regulations, orders or instructions issued pursuant thereto. The COUNTY will fake such action with respect to any subcontract, procurement. or lease as the STATEmay direct as a means of enforcing such provisions. including sanctions for noncomplance: provided. however, that in the event a COUNTY becomes involved in, or is threatened with, litigation with subcontractors. suppliers. or lessor as aresult of such direction. the COUNTY may request the STATE to enter into such litigation Equal Employment Opportunity The following equal employment opportunity  to protect the interest of the STATE. requirements apply to the underlying contract:  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 49U.S.C. S 5332, the COUNTY agrees to comply with all applicable equal employment requirements ofU.S. Department ofl 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 Order 11246 Relating tol Equal Employment Opportunity." 42 U.S.C. S 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 ofthe Project.  13    Exhibit C 6  STD CONTRACT EAHIBITS  REV. 9/19/16  EXHIBIT H Page 4  The COUNTY agrees to takeaffirmative 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 ofj pay or other forms ofcompensation: 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 EmploymewtActofl96, as amended, 29U.S.C.S 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.S 12112, the COUNTYagreesthat it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions ofthe. Americans withDisabilities. Act."29C.F.R. 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 costprinciples for use in determining the allowability ofany item ofcost, both direct and indirect, m this AGREEMENI, 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 elerencedregulatons documents are. hereby incorporated by reference herein as iff fully set forth.  ENECUTORYCIAISE AND NON-MERIT SYSTEMSTATUS  a. The COUNTY specifically agrees that this AGREEMENT shall be deemed executory only tot the extent ofmoneys available, and nol liability shalll be incurred by the STATE  beyond the moneys available for this purpose.  14    Exhibit 6  STD CONTRACT EAHIBITS  REV. 9/19/16  EXHIBITH Page 5  b. The COUNTY, in accordance with the status OfCOUNTY as an independent contractor. covenants and agrees that the conduct OfCOUNTY will be consistent with such status. that COUNTY will neither hold. COUNTY out as. or claim tol be, an officer or employee of the STATE by reason hereof. and that COUNTY will not. byreasonl hereof. make any claim, demand or application tos or for any right or privilege applicable to an officer or employee oft the STATE under the merit system or any other law ofAlabama, 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 OfCOUNTY.  COUNTYS' CERTIICATIONS  The COUNTY by acceptance of 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 Goverment or the reimbursement policies of the COUNTY at the time of execution of the AGREEMENT. The COUNTY agrees that no mileage reimbursement will be allowed: for the puposeofcommuting tos and fromr work or for personal use ofa vehicle. The COUNTY agrees that the per diem rate will be limited to the rate allowed by the STATE at the time of execution of the AGREEMENT. TheCOUNTY agrees thata a meal allowance shall be limited to COUNTY employees while in travel status only and only  when used in lieu ofaj 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    Exhibit 6  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT M  CFRTTFICATION FOR EDERAL-AIDCONTRACTS:I LOBBYING  This certification is applicable to the instrument to which it is attached whether attached directly Thel prospective participantrecipient, by causing the signing ofa and the submission ofthis Federal contract, grant. loan. cooperative AGREEMENT, oI 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 parncipantrecipient each respectively certify that to the best of the knowledge and belief of the prospective participant or recipient and oft the person signing for and on behalf of the a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the prospective paricipantrecipient or the person signing on behalf of the prospective patticipantrecipient 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 employeeofal Member ofCongress in connection with the awarding ofany 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 ofa any Federal contract, grant. loan, b. Ifany funds other than Federal appropriated funds have been paid or willl be paid to; any person for influencing or attempting to influence an officer or employee of any Federal agency. a member ofCongress. an officer or employee ofCongress, or an employee ofa Member ofCongress in comnection with this Federal contract. grant. loan. or cooperative agreement, oI 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 to 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 of this certification is a 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 $10,000and 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 certitication be included in all lower tier subcontracts. which exceed $100,000 and that all such  or indirectly with other attachments to such instrument.  prospective participantrecipient, that:  orc cooperative agreement  not more than $100,000 for each such failure.  subrecipients shall certify and disclose accordingly.  16    Exhibit 6  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBITN  FUNDS SHALL NOT BE CONSTITUTED. AS AJ DEBT  Itis 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 futher agreed that if any provision of this AGREEMENT shall contravene. any statute or Constitutional provision of amendment, eithernow in effect or which may, during the course ofthis 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 ofnon-binding alternative dispute  provision in the AGREEMENT shall be deemed null and void.  resolution.  TERMINATION DUE TO INSUPTICIENTPENDS  a. Ifthe agreement term is to exceed more than one fiscal year. then said agreement is subject to termination in the event that funds should not be appropriated for the continued payment b. In the event ofproration of the fund from which payment under this AGREEMENT is to  of the agreement in subsequent fiscal years.  bes made, agreement will be subject to termination.  NOCOVERNNENI OBLIGATIONTOTHIRD TARIYCONIRACIORS  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 Govermment, the Federal Govermment is not a 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/pertammg to any matter resulting from The COUNTY agrees toi include the above clause in each subcontract financed in whole or inj part with Federal assistance provided to FHWA. Itis further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.  the underlying contract.  17    Exhibit 6  STATE OF ALABAMA DEPARIMENT OF TRANSPORIATION 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.  A project agreement will be 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 al F-7A Budget Allotment request upon receipt of: a project funding agreement at the timeiti 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 to 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 includea letters 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 toj 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.  of a force account project.  reimbursement.  1-20  Rev. 10/2017  18    Exhibit 6  Where the County/City is letting a contract locally, the County/City will furnish to the Region the three lowest bids with their recommendation fors award. The Region will review the bids, and, ifin order, advise the County/City to proceed with award of the contract to the 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). Acertification 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 ofLocal 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. Ifan 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 AlICounty/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 whateveris necessary to correct the project at their cost.  requirements.  RECOMMENDED FOR APPROVAL:  -  BUREAUCHIEF/REGION ENGINEER  APPROVAL: SIlk  CHIEF ENGINEER  APPROVAL:  NONEMBER. M, Zor DATE  P  1-20  Rev. 10/2017  19    Exhibit 7  MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF ALABAMA DALE COUNTY COMMISSION  ANDT THE:  PART ONE (1): INTRODUCTION  This Memorandum of Agreement is made and entered into by and between the Alabama Department ofTransportation (ALDOT), hereinafter referred to as the STATE; and the Dale WHEREAS, the STATE and the COUNTY desire to cooperate in the allocation of Rebuild Alabama Act Funds in the amount of $400,000 to the COUNTY in exchange for the annual $533,000 federal allocation, in accordance with the provisions of Act 2019-2 (Rebuild Alabama Act). Hereforth, the $400,000 annual allocation specified in thel Rebuild Alabama act  County Commission, Alabama, hereinafter referred to as the COUNTY.  shall be known as Federal Aid Exchange Funds (FAEF),  WHEREAS, the parties agree it is in the mutual interest of STATE and the COUNTY, NOW, THEREFORE, the STATE and the COUNTY for, and in consideration oft the A. The COUNTY may petition the STATE in writing to request an exchange of any total current balance of unauthorized federal allocation equaling $300,000 or less for State Public Road and Bridge funds, thus reducing the federal allocation to a balance of$0. The exchange rate shall be State Public Road and Bridge funds in an amount not to B. As stated in Act 2019-2 (Rebuild Alabama Act) under paragraph b ofs subdivision (1) of subsection (c) ofSection 7, "ALDOT will allocate $400,000 to each county in exchange for the annual federal allocation ofS533,000 which was being distributed to each county on the effective date ofthis act. Nothing in this act shall prohibit. ALDOT from utilizing these exchanged federal funds at its discretion and in a manner consistent with Federal .A After execution of this Memorandum of Agreement, any previously authorized federal projects using the COUNTY's federal allocation that have an underrun in costs which results in the balance ofthe COUNTY's federal allocation to be greater than $0 and less than $300,000 shall receive an exchange for State Public Road and Bridge funds at a rate not to exceed 75% oft the total current federal allocation balance following the end of each fiscal year. Any previously authorized federal projects using the COUNTY's federal allocation that have an overrun in costs which causes the balance of the COUNTY's federal allocation to be less than $0 shall have the amount ofthe overage, along with the matching funds associated with that federal allocation, deducted from the $400,000 annual FAEF allocation for the following fiscal year at the end of each fiscal D. The County shall be responsible for any and all reporting provisions contained within Act E. Modification, amendment, or termination oft this Agreement as necessary shall be accomplished by the parties in the: same manner: as the original Agreement.  premises stated herein, do hereby mutually promise and agree as follows:  exceed 75% oft the total current federal allocation balance.  Highway Administration (FHWA), procedures".  year.  2019-2 (Rebuild Alabama Act) pertaining to the use OfFAEF.    Exhibit 7  F. Any disputes between the parties, senior officials OfSTATE and COUNTY who have the authority to bind their principals to any agreement they should reach, shall meet and engage in a good faith attempt to resolve the dispute. Should negotiations not produce a resolution, the parties agree that the dispute shall be submitted to non-binding mediation, to be conducted in a mutually agreed location utilizing mediators selected from the roster maintained by the Alabama Center for Dispute Resolution. This right ofthe STATE'S to the use ofa alternative methods to attempt to resolve a dispute is not a waiver ofthe G. The COUNTY shall be responsible at all times for all oft the work performed utilizing the funds specified 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 ofTransportation, its officers, officials, agents, servants, and employees. For all claims not subject to Ala. Code S 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 thereofarising out of, connected with, or related to the (1) work performed under this Agreement, (2)t the provision ofany services or expenditure of funds required, authorized, or undertaken by the COUNTY pursuant to the terms ofthis Agreement, or (3)misuse, misappropriation, misapplication, or misexpenditure of any source of funding, compensation or reimbursement by the COUNTY, its officers, officials, agents, H. By entering into this Agreement, the COUNTY is not an agent of the STATE, its officers, employees, agents or assigns. The COUNTY is an independent entity from the STATE, and nothing in this Agreement creates an agency relationship between the parties. Itis 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 ofthe Constitution of Alabama, 1901, as amended by Amendment 26. It is further agreed that, ifany provision ofthis 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 J. By 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 be in violation oft this provision shall be deemed in breach oft the Agreement and shall be responsible for all damages resulting K. 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 L. The terms ofthis Agreement may be modified by revision of this Agreement duly M. This Agreement may be terminated by either party upon the delivery ofa a thirty (30) day N. Nothing shall be construed under the terms ofthis Agreement that shall cause any O. Exhibits A, E,H, M, and N are hereby attached to and made a part ofthis Agreement.  STATE's right to assert sovereign immunity.  servants, and employees.  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.  2    Exhibit 7  IN WITNESS WHEREOF, the parties acknowledge this Agreement as evidenced by their  signatures below ATTEST:  Dale County, Alabama  By: -  M  As Chairman (Signature)  0908-2020  Date  (AFFIX SEAL)  This agreement has been legally reviewed and approved as to form and content.  By:  William F. Patty, ChiefCounsel  Date  RECOMMENDED FOR. APPROVAL:  Bradley B. Lindsey, P.E.  Acting State Local Transportation Engineer  Date  STATE OF ALABAMA, ACTING BY AND THROUGH THE ALABAMA DEPARTMENT OF TRANSPORTATION  John R. Cooper, Transportation Director  Date  3    Exhibit 7  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT: A  PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN FEDERAL- Policy. It 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 apply to this 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 necessary and reasonable steps in accordance with. 49 CFR Part 26 to see that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts and shall not discriminate ont the basisofrace, color, national origin, or sex in the: award and performanceofu.s. Department Failure of the recipient of funds under the terms of this AGREEMENT, or failure of its subcontractor (if a subcontractor is authorized) to carry out the DBE requirements of this 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.  AID PROGRAM  AGREEMENT.  ofTransportation assisted contracts..  4    Exhibit 7  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 ini no event be deemed a breach of contract. b. The STATE has thet 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 ofthis 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  shall consider the following:  this AGREEMENT less any payments previously made.  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 will be given to 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 of the amount of such work to the  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 ofthe Transportation Director regarding the matter in 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 ofthei 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.  5    Exhibit 7  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBITH 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  incorporated byreference and made aj part of this contract.  limited to:  Pertinent Non-Discrimination Authorities:  Title VI oft the Civil Rights Act of 1964 (42 U.S.C. $2000d et seq., 78 stat.. 252), (prohibits discrimination on the basis of race, 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, (23 U.S.C. $324 et seq.), (prohibits Section 504 ofthe Rehabilitation Act of 1973, (29 U.S.C. $ 794 et seq.). as amended, (prohibits discrimination on the basis of disability); and 49 The Age Discrimination Act of 1975, as amended, (42 U.S.C. S 6101 ets seq.). (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 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 ofTitle VI of the Civil Rights Act of 1964, 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 are Federally funded ori not); Titles IIa and III ofthe Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of publici 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  origin); and 49 CFR Part 21.  Federal or Federal-aid programs and projects); discrimination on the basis of sex);  CFR Part 27;  color, national origin, or sex);  at 49 C.P.R. parts 37 and. 38;  6    Exhibit 7  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 accessto.your programs (70Fed. Reg. at 74087to 74100); Title IX ofthe 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 et seq).  b. Nondiserimination  In accordance with Title VI oft the Civil Rights Act, as amended, 42 U.S.C. S 2000d, Section 303 of the Age Discrimination Act of1975, as amended, 42 U.S.C. S 6102, Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. S 12132, and Federal transit law at 49 U.S.C. S 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 competitivel bidding or negotiation made by the COUNTY for work tol bej performed under a 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 oft the Regulations.  C. Solicitations  or national origin. d. Information and Reports  7    Exhibit 7  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 in the exclusive possession ofanother who fails or refuses tof furnish this information, the COUNTY shall SO certify to the STATE, ort the Federal Highway Administration as appropriate, and shall set forth what efforts it has made  to obtain the information. Sanctions for Noncompliance  In the event ofthe 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  determine to 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.i in every subcontract, 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 g. Equal Employment Opportunity - The following equal employment opportunity  toj protect the interest oft the STATE. requirements apply to the underlying contract:  1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. $ 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 Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. S 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that mayi in the future affect construction activities undertaken in the course ofthe Project.    Exhibit 7  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBITH 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, 29U.S.C. $6 623 and Federal transit law at 49 U.S.C. S 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. S 12112, the COUNTY agrees that ity will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions ofthe. Americans with DisabilitiesA Act,"29C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing  requirements FTA mayi 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 arel hereby incorporated by reference herein as iffully set forth.  EXECUTORY CLAUSE AND NON-MERIT SYSTEM STATUS  a. The COUNTY specifically agrees that this AGREEMENT shall be deemed executory onlyt to the extent ofmoneys available, and no liability shall bei incurred by the STATE  beyond the moneys available for this purpose.  9    Exhibit 7  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 oft 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 of 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 ofreimbursements 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 oft 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 will be allowed for the purpose of commuting to and from work or for personal use ofa vehicle. The COUNTY agrees that the per diem rate will be limited to the rate allowed by the STATE at the time ofe execution ofthe AGREEMENT. The COUNTY agrees that aj meal allowance shall be limited to COUNTY employees while in travel status only and only  when used in lieu ofa 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.  10    Exhibit 7  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 The prospective participantrecipient, by causing the signing ofand the submission ofthis Federal contract, grant, loan, cooperative AGREEMENT, or otheri 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 ofthe 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 ofany 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 ofCongress, 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 to Report Lobbying,' in accordance with its instructions.  ori indirectly with other attachments to such instrument.  prospective participantrecipient, that:  or cooperative agreement.  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 a 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 participant/recipient 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 participant/recipient shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such  not more than $100,000 for each such failure.  subrecipients shall certify and disclose accordingly.  11    Exhibit 7  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBITN  FUNDS SHALL NOT BE CONSTITUTED ASAI DEBT  Iti 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 oft the 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 ofnon-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 to 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 AGREEMENTisT to  oft the agreement in subsequent fiscal years.  be made, agreement will be subject to termination.  NOGOVERNMENT OBLIGATIONTOTIRD PARTY CONTRACTORS  The STATE and COUNTY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval oft the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations of or liabilities to the STATE, COUNTY, ora 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 inj 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 to its provisions.  the underlying contract.  12