COU  S  Dale County Commission Commission Meeting Minutes - August 13, 2019  The Dale County Commission convened in a regular session Tuesday, August 13, 2019. 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 Four Commissioner Frankie Wilson. Chairman Blankenship called the meeting to order at 10:50am. Commissioner McKinnon opened with the Pledge of Allegiance. Commissioner Gary followed with  prayer.  APPROVED = AGENDA  Commissioner Wilson made a motion to approve the agenda with the following changes: 1) Removing: proclamation in support of proposed State Veterans home site. 2) Adding: Letter to mayors of municipalities in south Dale County. 3) Change: employment of Blake German- correct position is Courthouse Security in Sheriff's office. Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  APPROVED - MEMORANDUM OF WARRANTS Accounts Payable Check Numbers 84146-84355. Payroll Check Numbers: 154592-154597. Direct Deposit Check Numbers: 31729-31870.  Commissioner McKinnon made a motion to approve the following Memorandum of  Warrants:  Commissioner Carroll seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - August 13, 2019  Page2of4  APPROVED  JULY 23, 2019 MINUTES  Commissioner Carroll made a motion to approve the Minutes of the Commission Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  Meeting on July 23, 2019.  APPROVED - PERSONNEL  Commissioner Wilson made a motion to approve the hiring oft the following:  Sheriff Department - Justin Davis = Deputy Sheriff - New Hire Sheriff Department - Steve Enfinger = Deputy Sheriff - New Hire Sheriff Department - Blake German - Courthouse Security Transfer  Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  APPROVED = EMERGENCY MANAGEMENT SERVICES FUNDING Commissioner McKinnon made a motion to approve Emergency Management Services Commissioner Carroll seconded the motion, all voted aye with the exception of  (EMS) funding. See Exhibit 1.  Commissioner Gary who voted nay. Motion carried.  APPROVED - LETTERTO MAYORS  Commissioner McKinnon made a motion to approve a letter to the mayors of Midland City, Newton, Pickard, Napier Fields, and Grimes regarding Emergency Management Commissioner Wilson seconded the motion, all voted aye. Motion carried.  (EMS) funding. See Exhibit 2.  APPROVED - ACCA LEGISLATIVE COMMITTEE  Commissioner Gary made a motion to approve Frankie Wilson has Dale County's Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  representative for the 2019-2020 ACCA Legislative Committee.    Dale County Commission  Commission Meeting Minutes - August 13, 2019  Page3of4  APPROVED = EMPLOYMENT CONTRACT - COUNTY ENGINEER Commissioner Carroll made a motion to approve the employment contract for the Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  County Engineer, Derek Brewer. See Exhibit 3.  APPROVED - CAPITAL EXPENDITURE - HERBICIDE SHED - ROAD & BRIDGE Commissioner Gary made a motion to approve expenditures in the amount of $30,200.00, from the Capital Expenditure Fund 116, for the erection of a building by Commissioner Wilson seconded the motion, all voted aye. Motion carried.  Trinity Metal Buildings & Supplies, Inc. See Exhibit 4.  APPROVED - CAPITAL EXPENDITURE - HERBICIDE SHED -1 ROAD & BRIDGE Commissioner Wilson made a motion to approve expenditures in the amount of $2,850.00, from the Capital Expenditure Fund 116, for the concrete slab (part of erection of  abuilding) by Ralph Brown. See Exhibit 5.  Commissioner Gary seconded the motion, all voted aye. Motion carried.  APPROVED = RESURFACE ROAD-F ROAD & BRIDGE  Commissioner Gary made a motion to approve expenditures for the following projects: 1) DCP-23-10-19, Wynnwood Circle, $169,432.50. 2) DCP23-10-19 (Country Estates), $204,107.50. Also, budget amendments for Funds 117 and 119. See Exhibit  6.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - CAPITAL EXPENDITURE - HERBICIDE SHED - ROAD & BRIDGE Commissioner McKinnon made a motion to approve expenditures in the amount of $3,000.00 from the Capital Expenditure Fund 116, for the purchase of concrete (part of  erection of a building) from Quality Concrete.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - August 13, 2019  Page 4of4  APPROVED - LANDFILL CONSULTANT CONRACT- = INERT LANDFILL Commissioner Gary made a motion to approve the contract with Highland Technical Services, Inc. in the amount of $7,500.00 for a landfill consultant. See Exhibit7. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  TABLED - AWARDING OF BID - SOLID WASTE  After opening the bids for the Solid' Waste collection services. Commissioner Carroll made a motion to table the awarding of the bid. Also, stating that the records are not to Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  be made public until after a bid as been awarded.  ANNOUNCEMENT - NEXT REGULAR MEETING  Chairman Blankenship announced that the next regular meeting of the Dale County  Commission will be Tuesday, August 27, 2019 at 10:00am.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Gary made a motion to adjourn the meeting. Commissioner Wilson  seconded the motion. All voted aye. Motion carried.  Itis hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered into the minutes of the Dale County Commission as its official actions.  1  M  Mark Blankenship, Commission Chairman    Exhibitl 1  d0    Exhibit2  COII  Dale County Commission  Commission Chairman Mark Blankenship  Commissioners Chis Carroll Steve McKinnon District2 Charles W. Gary District3 Frankie Wilson District4  County Administrator Chery/Ganey  District1  August 14, 2019 City  To: The Mayors and Councils of the Towns ofNewton, Pinckard, Napier Field, Grimes and Midland  From: The Dale County Commission, Chairman Mark Blankenship  RE: EMS Funding Dear Mayors and Councils,  Thel legislature passed HB 209 on. January 23, 2018, which provided for a fee on certain tag transactions in the County and the disbursement oft the funds to EMS providers. This legislation was passed at the request of the Dale County Commission sO that additional funding for EMS services throughout the county could be raised and in particular, the South portion ofI Dale County which had  no regular EMS services fori its citizens.  The Act specifically gave the County Commission the authority to use a portion oft the EMS funds to contract with private emergency: medical services ifiti is determined that EMS services are not be provided adequately in aj portion of the County. The Commission has access to call logs for EMS services ini the County and iti is apparent that in the several months since the Act took effect and the tag fee has been collected that there is-as ofthis date- either no EMS service or inadequate service  in southern Dale County.  The Commission has been advised by our legal counsel that the Commission is obligated under the terms oft the. Act to use the sums available for EMS services for the citizens in unserved areas oft the County. Therefore, please be advised that if your Town, or a joint coalition of your Towns, do not begin adequate and qualified EMS services within your service areas within 30 days from the date of this letter, the Commission will seek out other public or private entities as necessary to provide the EMS service for your area. Once contracted, the EMS provider(s) sO selected shall receive the funds which you would have received had you individually, or as a cooperative group,  provided EMS services in your areas.  The Commission regrets this notification to you but is legally and ethically required to carry outi its obligations as stated in the Legislative Act for the health and safety ofthe citizens oft the  County.  Dale County Commission Bk  Chairman    Exhibit. 3  EMPLOYMENT CONTRACT DALE COUNTY COMMISSION  This Agreement is made this Bhyaufangs between Dale County, hereinafter referred to as EMPLOYER, and Derek S. Brewer, hereinafter referred to as EMPLOYEE, a Registered Engineer, number 24037 under the laws of the State of Alabama. This contract shall take effect immediately upon the conclusion of the existing contract so there shall be no  lapse in employment.  ARTICLE ONE  TERM OF EMPLOYMENT: The employer hereby employs the employee and the employee hereby accepts employment with the employer for three years, beginning on the 1st day of December, 2019 and continuing until the 1st day ofl December, 2022. This Agreement may be terminated by the employer or employee at an earlier date, as hereinafter CONTRACTRENEWAL The County Commission shall notify the employee, in writing, thati iti intends to non-renew the employee's contract within 180 days' notice prior of the end oft the contract. In the event employee is not notified of the cancellation of the contract within said period prior to the end of the contract, then this employment contract shall automatically rollover into a new two-year contract, ending 1st day of December, 2024, under  provided.  the same terms and conditions as stated herein.  ARTICLE TWO  DUTIES OF EMPLOYEE: The employee is hereby employed into the position of the County Engineer for Dale County as the same is defined in Chapter 6 ofTitle 11 oft the 1975 Code of Alabama as amended. The Engineer shall have and be vested with all authority contained in said statutes. During the period of employment outlined herein, the Engineer agrees to make use of the ability, expertise, and the training which he possesses in performing the responsibilities hereinafter described and also to perform his service as said Engineer in accordance with and in keeping with the Code of Ethics of his profession. The Commission agrees to continually employ the Engineer in said position and to fully cooperate and assist him in the performance of his duties as they are outlined in the aforesaid statute. The Commission further agrees toi indemnify the Engineer from all liability should suit be filed against the Engineer for acts done within the line and scope of his duties as County Engineer. The Engineer also agrees to reside in Dale County during term of  employment.  1    Exhibit. 3  ARTICLET THREE  COMPENSATION: As compensation rendered under this Agreement, the employee shall be entitled to receive from the employer a salary of one hundred fifty thousand, fifty- seven dollars and eighty-four cents ($150,057.84) per annum. The employee shall be entitled to the same increase and at the same time as granted to other Dale County employees. The employee shall also be entitled to the State's share only of any State salary reimbursementi increases granted to County Engineers. The compensation during each such employment year shall be payable in equal installments payable in the same manner that the other County Employees are paid, which will be consistent with the County bookkeeping  system, and prorated for any partial employment period.  ARTICLE FOUR  EMPLOYEE BENEFITS: The employer agrees to include the employee in the Retirement Systems of Alabama, any and all hospital, surgical, dental and/or any other medical benefit plan, or any other benefit plan granted and given to any other County employee.  HOLIDAYS: The employee shall be entitled to a holiday with full pay of any and all  holidays as granted to any and all other County employees.  VACATIONPAY During the term of this Agreement, the employee shall accrue paid vacation as granted and given to any other County employee under the county personnel rules. Unused vacation leave shall be carried over from existing contract to this contract. PAIDSICKLEAVE: The employee shall be entitled to paid sick leave as granted and given to all other county employees with comparable service time under the County Personnel Rules. Unused sick leave shall be carried over from existing contract to this  contract.  ADDITIONAL BENEFITS: In addition to the benefits as stated above, the employer and the employee agree that the employee shall be furnished an automobile or pick-up truck and all expenses thereof, ie., insurance, maintenance, fuel, oil, tags and expenses incidental to said vehicle, including general upkeep, which shall be paid for by the employer. Iti is hereby expressly agreed that the employee shall operate and use said vehicle as a condition of his  2    Exhibit3  employment, except that said vehicle, as with all county furnished transportation, shall not  be used for strictly personal travel.  ARTICLEI FIVE  TERMINATION: Employee may cancel this contract without cause by giving employer 90 days advance notice. The agreement: may be cancelled by employer only for cause which shall include, but not limited to the following: unethical, immoral, or illegal conduct, gross negligence, willful conduct or failure to follow directives by the Commission. In the event of the cancellation of the contract for cause, employee shall be entitled tol be notified of the charges of misconduct, evidence against him, and have a due process hearing before the Commission. Nothing herein shall prevent the employer and employee from mutually agreeing to the cancellation of the employment contract under such terms and conditions as  may be agreed.  EFFECT OF TERMINATION ON COMPENSATION: In the event of the termination of this Agreement by the employee prior to the completion of the terms of employment as specified herein, the employee shall be entitled to the compensation earned by him up to the date of termination. In the event of a termination of the employee for cause that is sustained after due process for employee, then employee shall not be entitled to further pay or benefits after said termination other than payment for unused vacation pay as previously stated  herein.  ARTICLE SIX  GENERALPROVISIONS: Any notices tol be given hereunder by either party to the other may be affected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mail notices should be addressed to the parties at their current mailing address. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of three LAW GOVERNING AGREEMENT: This Agreement shall be governed by and  (3) days after mailing.  construed in accordance with the Laws of the State of Alabama.  PAYMENT OF MONIES DUE DECREASED EMPLOYEE: If the employee dies prior to the expiration of the term of employment, any monies that may be due him from the employer under this Agreement as of the date ofl his death shall be paid to his executor or administrator, or, ifno executor or administrator has been appointed, then tol his heirs.  3    Exhibit3  LEGALCONSTRUCTION: In the event that one or more of the provisions contained in this Agreement: shall, for any reason, be held tol be invalid, illegal, or unenforceable to any respect, such invalidity, illegality, or unenforceability shall be construed asi ifs such invalid,  illegal, or unenforceable provision had never been contained herein.  Done on this day of Bayaas by the Dale County Commission.  nhh  Mark Blankenship, Chairman  Derek S. Brewet, Employee  046  SEAL: Sworn to and subscribed before me this, Bdayof Asyab 2019.  Cheryl Ganey,  Notary Public, Commission  2022  CBE  expires June 1,    Trinity Metal Buildings & Supplies, Inc. 1174 Holmes Creek Rd., Slocomb, Al 36375 BUILT ON THE SOLID ROCK OF JESUS CHRIST  Exhibit 4  Proposal  Phone: 334-886-9078  Fax: 334-886-7078  Proposal submitted to: Name : Dale Co. Road and Bridge Per:Derek Brewer Street : 202 SO.Ewy.123 suite A City, State : Ozark Al. 36360  Date : July 24, 2019 Job Location: Same As Phone : 334-774-5875 Fax : : -  We hereby propose to furnish labor and materials to fabricate, deliver and erect a  Trinity Metal Building to include the following:  "TMB" 36'x 50'x 14' enclosed 2/12 pitch  2 - Post and beam end wall 1-N Main frames I-Beam Standard Trim Package 1-3x 3' exhaust fan Anchor Bolts and settings  8"- 16 gauge perlins and side wall girts 26- galvalume roof panels and side walls (PBR) 3"- insulation in roof and side walls (R-11) 1 3 3070 walk thru door w/ dead bolt lock  2-1 12'x 12'Roll up door w/ chain hoist and header seal Customer to provide concrete slab to erect building on  1Y Year workmanship warranty on building and 40 year on panels wall and roof  In the amount of Thirty Thousand Two Hundred Dollars $30,200.00) to be made as follows:  $ 5,550.00 Due upon acceptance of proposal $21,650.00 Due upon delivery of materials $ 3,000.00 Due upon completion of job  This quote does not include land clearing, fill dirt, dirt work, plumbing, electrical, HVAC, concrete, insulation, or permits unless otherwise stated. If roll up doors are included, scme may have minor "dings" from shipping.If Trinity is to erect building, additional charges may result is access to the entire perimeter of the building is obstructed or otherwise limited. Power for tools used during erection will be provided by the buyer. If power is not provided, the necessary use of Trinity's generators will result in additional charges. If concrete is included, we are not responsible for any debris that falls into the foundations such as: leaves from nearby trees, or any other debris that cannot be controlled. If concrete is provided by someone other than Trinity, we are not responsible for any errors in the concrete or anchor bolt plaçement. Customer will be responsiple for any and all All material is guaranteed to be as specified. All work to be completed in a worknanlike manner according to standard practices. Any alceration or deviation from above specifications involving extra costs will be executed only upon. written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accident or delays beyond our control. This proposal subject to acceptance within seven days and it  charges to correct the problem.  is void thereafter at the option of the undersigned.  Authorized  mBEs  msbily  Acceptance of Proposal  The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified The buyer hereby. agrees to the above outlined payments, any and change orders, and all costs of collection,  Including and all reasonable attorney's fees and court costs chat may occur.  Accepted:  Date: 08-B-22 Signature  A    Exhibit5 5  QUOTE  Ralph Brown 292 Wilson Ave. Ozark, AL 36360 334-790-6015  8/1/19  TO Dale County Road & Bridge 2025. Hwy 123, Suite A Ozark, AL 36360  SALESPERSON  JOB Dale County Shop DESCRIPTION  PAYMENT TERMS  DUE DATE  QTY  UNIT PRICE 2,850.00  LINE TOTAL 2,850.00  Form, pour and finish 6" concrete slab for Enclosed Metal Herbicide Building (Labor only)  SUBTOTAL SALESTAX TOTAL  2,850.00 2,850.00  Quotation prepared y: :::  This isac quotation on the goods named, subject to the conditions noted Delpw:pigaas  pckua  : matrstsa: A50 - To accept this quotation, sign here and return:  08B-/9 -  R  THANK YOU FOR YOUR BUSINESS!    PROJECT No. DCP-23-10-19 (Country Estates)  Exhibit 6  CONTRACT SCHEDULE  WITH SPECIAL REGARD TO SPECIFICATION SECTION 102.06, PREPARATION OF PROPOSAL", AS REVISED BY THE SPECIAL PROVISIONS, THE FOLLOWING REPRESENTS THE BIDDER'S SCHEDULE OF CONTRACT UNIT PRICES FORTHISF PROPOSAL (bidder to complete below):  LIN ITEM DESCRIPTION E NO.  QUANTITY & UNIT UNIT PRICE AMOUNT BID 0 CUBIC YARDS 10.00S OSTATION S 118.00/$ 5000 GALLON S 3MILE 0 SQUARE S YARD 25TON  210D-021 BORROW EXCAVATION (LOOSE TAUCKBED MEASUREMENTXA4 OR BETTER) 2 212A-000 MACHINE GRADING. SHOULDERS 3 405A-000 TACK COAT  0.00 0.00] 1,800.00 0.00 3,750.00  4.50s 22,500.00  4 407B-000 JOINT SEALANT FORI HOT MIX ASPHALT 5 408A-052 PLANING EXISTING PAVEMENT (APPROXIMATELY 6 424A-338 SUPERPAVE BITUMINOUS CONCRETE WEARING  S 600.00!s 6.50s $ 150.00/S  PAVEMENT 1.10* THRU: 2.0" THICK)  SURFACE LAYER, LEVELING, 3/8" MAXIMUM AGGREGATE SIZE MIX, ESAL RANGE A/B SURFACE LAYER 1/2" MAXIMUM, AGGREGATE SIZE BINDER LAYER, PATCHINGT'MAXIMUM AGGREGATE SIZE MIX, ESAL RANGE A/B  7 424A-340 SUPERPAVE BITUMINOUS CONCRETEV WEARING 1570 TON 8 424B-640 SUPERPAVE BITUMINOUS CONCRETE UPPER  96.25/S 151,112.50  MIX, ESAL RANGE A/B  25 TON  $ 125.00S  3,125.00 15,000.00 0.00 0.00 0.00 162.50 1,590.00 75.00 0.00 0.00 0.00 0.00 1,837.50 2,655.00 500.00 s 204,107.50  9 600A-000 MOBILIZATION 10 652A-100 SEEDING 11 652C-000 MOWING 12 656A-010 MULCHING 13 665F-000 HAYBALES 14 665J-002 SILTFENCE 15 6650-001 SILTFENCE REMOVAL 16 698A-000 CONSTRUCTIONI FUEL  1LUMP: SUM S 15,000.00]s  OACRE O'ACRE OACRE 25 EACH 500 LINEAR S FOOT 500 LINEAR S FOOT 1LUMP SUM S OMILE OMILE FOOT 177 SQUARE S 15.00/S FOOT 1EACH  S 795.00/S s 1,215.00s $ 635.00s $ 6.50/S 3.18/S 0.15/S 0.00S S 2,655.00/s S 2,655.00s S 795.00s 5.25/S  17 701A-231 SOLIDV WHITE, CLASS2,TYPE AT TRAFFIC! STRIPE 18 701A-235 SOLID YELLOW, CLASS 2, TYPE A7 TRAFFIC STRIPE OMILE 19 701C-001 SOLID TEMPORARYTHAFFIC: STRIPE 21 740B-000 CONSTRUCTION: SIGNS 22 7400-000 PILOT CAR  20 703A-002 TRAFFIC CONTROL MARKINGS, CLASS2, TYPEA 350 SQUARE $  S 500.00/S    Exhibit6 6  PROJECT No. DCP-23-10-19 (Wynnwood Circle)  CONTRACT SCHEDULE  WITH SPECIAL REGARD TO SPECIFICATION SECTION 102.06, PREPARATION OF PROPOSAL", AS REVISED BY THE SPECIAL PROVISIONS, THE FOLLOWING REPRESENTS THE BIDDER'S SCHEDULE OF CONTRACT UNIT PRICES FORTHIS PROPOSAL (bidder to complete below):  LINI ITEM DESCRIPTION E NO.  QUANTITY & UNIT UNIT PRICE AMOUNT BID OCUBICY YARDIS 10.00/S OSTATION S 118.00S 2200 GALLON S 1.5 MILE OSQUARE S YARD 25TON  210D-021 BORROW EXCAVATION (LOOSE TRUCKBED MEASUREMENT/A4 OR BETTER) 2 212A-000 MACHINE GRADING SHOULDERS 3 405A-000 TACK COAT  0.00 0.00 9,900.00 900.00 0.00 3,750.00  4.50/S S 600.00s 6.50/s $ 150.00/s  4 407B-000 JOINT SEALANT FORI HOT MIX ASPHALT 5 408A-052 PLANING EXISTING PAVEMENT (APPROXIMATELY 6424A-338 SUPERPAVE BITUMINOUS CONCRETE WEARING  PAVEMENT 1.10" THRU: 2.0 THICK)  SURFACE LAYER, LEVELING, 3/8" MAXIMUM AGGREGATE SIZEI MIX, ESALI RANGE A/B SURFACE LAYER 1/2" MAXIMUM. AGGREGATE SIZE BINDERL LAYER, PATCHING 1"N MAXIMUM AGGREGATE SIZE MIX, ESAL RANGE A/B  7 424A-340 SUPERPAVE BITUMINOUS CONCRETE WEARING 1365 TON 8 424B-640 SUPERPAVE BITUMINOUS CONCRETE UPPER  $ 96.25/S 131,381.25 S 125.00/s  MIX, ESAL RANGE. A/B  25TON  3,125.00 15,000.00 0.00 0.00 0.00 162.50 1,590.00 75.00 0.00 0.00 0.00 0.00 393.75 2,655.00 500.00 s 169,432.50  9 600A-000 MOBILIZATION 10 652A-100 SEEDING 11 652C-000 MOWING 12 656A-010 MULCHING 13 665F-000 HAYE BALES 14 665J-002 SILT FENCE 15 6650-001 SILT FENCE REMOVAL 16 698A-000 CONSTRUCTIONI FUEL  1LUMP SUM s 15,000.00/S  OACRE OACRE OACRE 25 EACH 500 LINEAR S FOOT 500 LINEAR S FOOT 1LUMP SUM S OMILE OMILE FOOT 177 SQUARE FOOT 1EACH  S 795.00!s S 1,215.00s S 635.00s S 6.50s 3.18s 0.15/s 0.00s S 2,655.00s S 2,655.00/S S 795.00S 5.25S 15.00!S s 500.00S  17 701A-231 SOLID WHITE, CLASS 2, TYPE ATRAFFIC! STRIPE 18 701A-235 SOLID YELLOW, CLASS2, TYPE A1 TAAFFIC STRIPE OMILE 19 701C-001 SOLID TEMPORARY TRAFFIC. STRIPE 21 740B-000 CONSTRUCTION: SIGNS 22 7400-000 PILOTCAR  20 703A-002 TRAFFIC CONTROL MARKINGS, CLASS 2, TYPE A 75_SQUARE $    Exhibit 6    $  6 $ $ $ $ $ $A $ $  6 $ $ $ 6 6 $ $  6 $ 6 $ 6 $  $  6 $  6  $ $ $  3 $ $ $ $  $    Exhibit 7 Page 1of2  Groundwater Quality Review and Recommendations Dale County Sanitary Landfill - Permit No: 23-04  Dale County Road & Bridge Department  Ozark, Alabama  A  Hghlandlechnica Services, Inc.  August 6, 2019  Dale County Road & Bridge Department 202 S Hwy 123, Suite A Ozark, Alabama 36360 Attention: Mr. Derek Brewer  VIA ELECTRONIC MAIL  County Engineer  RE: Groundwater Quality Review and Recommendations Dale County Sanitary Landfill - Permit No.: 23-04  Ozark, Alabama  Dear Mr. Brewer:  Highland Technical Services, Inc. (HTSI) appreciates the opportunity of assisting Dale County with addressing groundwater quality concerns at the former Dale County Sanitary Landfill. Itis our understanding that groundwater has been impacted by volatile organic compounds (VOCs) which are believed to have resulted from surface infiltration through the damaged final cover. Recent repairs to the cover have caused a reduction to the VOC concentrations during the more recent semi-annual groundwater monitoring events. In addition to impacts to groundwater by VOCs, cobalt concentrations reported during the March 2019 monitoring event resulted in the Alabama Department of Environmental Management (ADEM) requiring Dale County to complete an Alternate Source Demonstration (ASD) to determine whether source of the cobalt is from the Wea also understand that Dale County has been, fort the last several years, collecting surface water samples from one or more creeks that border the former landfill. These samples have been collected to determine the downgradient limit of the contaminate plume in groundwater. ADEM has in the past expressed a concern that that there has been no evidence provided to show a connection of shallow groundwater to the surface water bodies bordering the former landfill. To address the concerns presented above, HTSI proposes to complete the following activities:  landfill or is naturally occurring.  Review the March 2018, September 2018 and March 2019 semiannual groundwater reports to aid in understanding the recent past history of the monitoring program and Areview of statistical approaches used to evaluate groundwater quality. This review will be conducted to determine if the statistical methods currently used are appropriate for  changes in groundwater quality.  conditions at the site.  Review of available monitoring well construction logs.  Review landfill gas monitoring reports, if available, to evaluate the potential of landfill gas  Highland Technical Services. Inc. 528 Mineral Trace Hoover, Alabama 35244  Highland Technical Services, Inc 3502Laughlin Drive, SuiteB Alabama Mcbile, 36693  HTSI    Exhibit 7 Page 20 of2  Groundwater Quality Review and Recommendations Dale County Sanitary Landfill- - Permit No: 23-04  Dale County Road & Bridge Departruen  Ozark, Alabama  being the cause ofVOCs present in past groundwater samples. Recommendations for additional investigation, if indicated.  Based on the activities presented above, HTSI estimates that our services can be completed for  the estimated cost presented below.  Professional Services  7,500.00  The estimate presented above is considered not to exceed and will be billed progress billed monthly to Dale County on a time and materials basis. Dale County will only be billed for the actual costs incurred in providing these services. This estimate does noti include time or expenses for meetings at ADEM Montgomery or Dale County offices. Any additional services conducted outside this scope of work will be billed following the unit rates provided in the attached Fee  Schedule. ASSUMPTIONS  Dale County will provide historic groundwater analytical data in Excel Spreadsheet  format.  Dale County will provide available monitoring well construction logs.  Ifthis proposal is acceptable, please sign and return a copy oft the attached Professional Services Highland Technical Services, Inc. looks forward to the opportunity of assisting you with this project. Ifyoul have any questions concerning this submittal or require any additional information,  Agreement giving us formal authorization to proceed.  please contact our office at (205)985-4874. HIGHLAND TECHNICAL SERMIÇES, INC. O William W. Cooch, P.G. Principal Geologist attachments  Sincerely,  Highland Technical Services: Inc 5281 Mineral Trace Hoover, Alabama 35244  Highland Technical Services Inc: 3502L Laughlin Drive, SuteE B Mobile Alabama 36693  HTSI    Exhibit 7  Hghlanclechnical Services, Inc. PROFESSIONAL SERVICES AGREEMENT GENERAL TERMS AND CONDITIONS  Description of Services: Review of Groundwater Quality  Project Name: Project Location: Proposal Date: FOR PAYMENT OF CHARGES Charge Invoice tot the Account of  Dale County Sanitary Landfill Ozark, Alabama August 6, 2019  Budget:  $7,500.00  Firm: Address: Attention: Firm: Address: Attention: Firm Address Attention: REPORTOISTRIBUTION Firm: Address: Attention:  Phone No: Fax No: Email: Cell:  FORAPPROVAL OF CHARGES  Ift thei invoice ist tot be mailed for approval tos someone othert than the account charged, please indicate where tor mailt thei invoice int the space below.  Phone No: Fax No: Email: Phone No: Fax No: Email: Firm: Address: Attention:  PROPERTYOWNERI DENTIFICATION, (Ifc other than above)  Firm: Address: Attention:  PAYMENT TERMS: Net 30 days. PROPOSAL. ACCEPTANCE: Acceptedt tlis Print ort typei  The Terms and Conditions pfihis Proposal, including the Terms ont thpage and the General Conditions included herein are:  13 dayo of  corporatigh Aname  4  A7 Print ort ypei ofauthorized representative andt ALAHE - M Signature ofa authorized representative  Chhies    CON Hghlandlechnical Services, Inc.  Exhibit 7  STANDARD FEE SCHEDULE EFFECTIVEANUARYI, 2018  PROFESSIONAL SERVICES Environmental Technician L.. Environmental Technician I1.. Staff Environmental Scientist Staff Geologist.. Staff Engineer. Project Environmental Scientist Project Engineer.. Project Geologist, P.G.. Senior Project Scientist. Project Engineer, P.E. Senior Project Geologist, P.G.. Senior Hydrogeologist, P.G.. Senior Project Environmental Scientist, CHMM Senior Project Engineer, P.E. Principal Geologist, P.G.. Senior Engineer, P.E. Regulatory Affairs. CAD /Drafting. Clerical.  75.00/hour 80.00/hour 85.00/hour 95.00/hour 95.00/hour $100.00/hour $110.00/hour $110.00/hour $120.00/hour $130.00/hour $140.00/hour $150.00/hour $140.00/hour $150.00/hour $160.00/hour $200.00/hour 85.00/hour 60.00/hour  MISCELLANEOUS EXPENSES Direct Expenses (cost + 20%) Mileage. Per diem (day rate). Per diem (overnight rate)  0.75/mile 50.00/day $175.00/day  Highland Technical Services, Inc. 528 Mineral Trace Hoover, Alabama 35244  Rowe Engineering & Surveying, inc 3502Laughlin! Drive. SuteB Alabama Mobile, 36693  HTSI    Exhibit 7  1.  PAYMENT TERMS: Payment is due upon receipt of our invoice. If payment is not received within 30 days from the invoice date, Client agrees to pay a finance charge on the amount of the past due account of one and one-half percent per month, and all cost of collection, including attorney fees. If one and one-half percent exceeds the maximum allowed by law, the charge shall automatically be reduced to In the event Client requests termination of the services prior to completion, a termination charge in the amount not to exceed thirty percent of all charges incurred through the date services are stopped plus any shutdown costs may at the discretion of Highland Techniçal Services, Inc. (Consultant) be made. If during the execution of the services, Consultant is required to stop operations as a result of changes in the scope of services such as requests by the Client or requirements of third parties, additional charges will GENERAL NATURE OF ENVIRONMENTAL SERVICES: The Consultant's basic services comprise the specifice environmental activities set forth in the Proposal. The Consultant will access the site pursuant to the scope of services set forth in the proposal. Consultant agrees to perform the services set forth in this Agreement in accordance with generally accepted professional practices, in the same or similar localities, related to the nature of the work accomplished, at the time the services are performed. Consultant makes no warranties whatsoever, whether express or implied, regarding the services to be performed by it hereunder, Consultant's services are intended to solely benefit SCOPE OF THE CONSULTANT'S BASIC SERVICES: The environmental services shall consist of those tasks enumerated in the Proposal to this Agreement. The scope of work outlined in the Proposal represents a minimum program at this time. As the results of the investigation become known, other tests and/or sampling may be recommended to the Client for written approval as Additional Services in general, an increased frequency of sampling and testing will improve the opinions reached in the Consultant's report. Because geologic and soil formations are inherently random, variable, and indeterminate in nature, the professional services rendered by the Consultant and opinions provided with respect to such services under this agreement (including opinions regarding potential cleanup costs), are not guaranteed to be a representation of actual site conditions or contamination or costs, which are also subject to change with time as a result of natural or man-made processes. Consultant will provide Client with a written (Report) in connection with the service performed. The Report will present such findings and conclusions as the Consultant may reasonably make with the information gathered in accordance with this Agreement. In preparing the Report, Consultant may review and interpret certain  information provided to by third parties, including government authorities, registries of deeds, testing laboratories and other entities. Consultant W ill not conduct an independent evaluation oft the accuracy or completeness of such information and shall not be responsible for any errors or omissions contained in such information. The Report and other instruments of services are prepared for, and made available for the sole use of, the Client, and the contents thereof may not be used or relied upon by any other person without the express written consent and authorization ADDITIONAL SERVICES OF THE CONSULTANT: If mutually agreed in writing by the Client and the Consultant, the Consultant shall perform or obtain the services of others to perform the activities enumerated in the Proposal to this Agreement. Additional Services are not included as part of Basic Services and will be paid by the Client SERVICES EXCLUDED BY THE CONSULTANT: Services not expressly set forth in writing as Basic or Additional Services and listed in the Proposal to this Agreement are excluded from the scope of the Consultant's services, and the Consultant assumes no duty to the Client to perform such services. The services to be performed by the Consultant shall not include an analysis or determination by the Consultant as to whether the Client is in compliance with federal, state, or local laws, statutes, ordinances, or regulations. The Consultant's services shall not include directly or indirectly storing, arranging for or actually transporting, disposing, treating or monitoring hazardous substances, hazardous materials, hazardous wastes or hazardous oils. The Consultant's services shall not include an independent analysis of work conducted and information provided by independent laboratories or other independent contractors retained by the Consultant in connection with the Consultant's services provided to the Client. Unless specifically listed in the Proposal, the Consultant's services exclude testing for the presence of asbestos, polychlorinated biphenyls (PCBs), radon gas, any airborne pollutants, underground mines or sinkholes. RESPONSIBILITIES OF THE CLIENT: The Client shall provide all information in the possession, custody, or control which relates to the site, its present and prior uses, or to activities at the site which may bear upon the services of the Consultant under this Agreement, including, but not limited to, the following: () a legal description of the site, including boundary lines and a site plan; (i) identification of the location of utilities, underground tanks, and other structures and the routing thereof at the site, including available plans of the site, and (ii) a description of activities which were conducted at the site at any time by the Client or by any person or entity which would relate to the services provided by the Consultant. The Client shall be fully responsible for obtaining the  the maximum legally allowable.  oft the Consultant. 4.  be applicable. 2.  as provided in Payment Terms.  5.  the client. 3.  6.  Initial Ask.    Exhibit 7  necessary authorization to allow the Consultant, its agents, subcontractors and representatives, to have access to the site and buildings thereon at reasonable times throughout contact performance by the Consultant. Consultant will take reasonable precautions to minimize damage to the site from use of equipment, but unavoidable damage or alteration may occur and Client hereby releases and indemnifies Consultant and agrees to assume responsibility for such unavoidable damage or alteration. To the extent required by law, Client agrees to assume responsibility for personal and property damages due to Consultant's interference with subterranean structures such as pipes, tanks, and utility lines that are not correctly shown on the documents provided above by Client to Consultant. The services, information, and other data required by this Section to be furnished by the Client shall be at the Client's expense, and the Consultant may rely upon all data furnished by the Client and the accuracy CONSULTANT'S INSURANCE: Consultant shall obtain, if reasonably available, (1) statutory Worker's CompensalonEmpoyets Liability coverage: (2). Commercial General Liability: (3) Automobile Liability: and (4) Professional Liability insurance coverage in policy amounts of not less than $1,000,000. Consultants agree to issue certificates of insurance evidencing such policies upon written LIMITATION OF RESPONSIBILITY: CLIENT HEREBY AGREES THAT TO THE FULLEST EXTENT PERMITTED BY LAW THE CONSULTANTSTOTAL LIABILITYTO CLIENT FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THE PROJECT, THE SITE, OR THIS AGREEMENT FROM ANY CAUSE OF CAUSES INCLUDING BUT NOT LIMITED TO THE CONSULTANT'S NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY SHALL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY THE CLIENT FOR THE SERVICES OF THE CONSULTANT UNDER THIS CONTRACT OR $50,000.00 WHICHEVER IS GREATER. Client and the Consultant agree that to the fullest extent permitted by law the Consultant shall not be liable to Client for any special, indirect or consequential damages whatsoever, whether caused by the Consultant's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever. To the fullest extent permitted by law, Client agrees to defend, indemnify, and hold Consultant, its agents, subcontractors, and employees harmless from and against any and all claims, defense costs, including attorneys fees, damages, and other liabilities arising out of or in any way related to the services to be performed by Consultant hereunder. The Client shall not indemnify Consultant against liability for damages  to the extent caused by the negligence or intentional misconduct of Consultant, its agents, subcontractors, DISPUTES RESOLUTION: All claims, disputes, or other matters in controversy between Consultant and Client arising out of or in any way related to this Agreement (other than a result of Client's failure to pay amounts due hereunder) will be submitted to alternative dispute resolution (ABR) such as mediation and/or arbitration, before and as a condition precedent to other remedies provided by law if a dispute at law arises related to the services provided under this Agreement and that dispute requires litigation as provided above, then: (a) Client assents to personal jurisdiction in the State of Consultant's principal place of business; (b) the claim will be brought and tried in judicial jurisdiction of the court of the county where Consultant's principal place of business is located and Client waives the right to remove the action to any other county or judicial jurisdiction; and (c) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys and expert witness fees, and other claim-related expenses. 10. DISCOVERY OF UNANTICIPATED POLLUTANTS RISKS: If, while performing the services, pollutants are discovered that pose unanticipated risks, iti is hereby agreed that the scope of services, schedule, and the estimated project cost will be reconsidered and that this contract shall immediately become subject to renegotiation or termination. In the event that the Agreement is terminated because of the discovery of pollutants posing unanticipated risks, iti is agreed that Consultant shall be paid for our total charges for labor performed and reimbursable charges incurred to the date of termination of this Agreement, including, ifr necessary, any additional labor or reimbursable charges incurred ino demobilizing. Client also agrees that the discovery of unanticipated hazardous substances may make it necessary for Consultant to take immediate measures to protect health and safety. Consultant agrees to notify Client as soon as practically possible should unanticipated hazardous substances or suspected hazardous substances be encountered. Client authorizes Consultant to take measures that in Consultant's sole judgment are justified to preserve and protect the health and safety of Consultant's personnel and the public. Client agrees to compensate Consultant for the additional cost of working to protect employees' and the public health 11. DISPOSITION OF SAMPLES AND EQUIPMENT: Soil and rock samples will not be kept by Consultant for longer than thirly (30) days after submission of the final report unless agreed otherwise. In the event that samples and/or materials contain or are suspected to contain substances or constituents hazardous or detrimental to health, safety, or the environment as defined by federal, state or local statutes, regulations, or ordinances,  ore employees. 9.  and completeness thereof.  7.  request. 8.  and safety.  Initial Aas    Exhibit7  Consultant will, after completion of testing (1) return such samples and materials to Client, or (2) reach an agreement in writing to have such samples and materials properly disposed in accordance with applicable laws. Client agrees to pay all costs associated with the storage, transport, and disposal of samples and materials. Client recognizes and agrees that Consultant is acting as the Client's representative and at no time assumes title to said waste. All laboratory and field equipment contaminated in performing our services will be cleaned at Client's expense. Contaminated consumables will be disposed of and replaced at Client's expense. Equipment (including tools) that cannot be reasonably decontaminated shall become the property and responsibility of Client. All such equipment shall be delivered to Client or disposed of in a manner similar to that indicated for hazardous samples. Client agrees to pay the fair market value of any such equipment which cannot reasonably be 12. REPORTS, RECOMMENDATIONS, AND OWNERSHIP OF DOCUMENTS: Reports, recommendations, and other materials resulting from Consultant's efforts are intended solely for purposes of this Agreement. Any reuse by Client or others for purposes outside of this Agreement or any failure to follow Consultant's recommendations, without Consultant's written permission, shall be at the user's sole risk. Client will furnish such reports, data, studies, plans, specifications, documents, and other information deemed necessary by Consultant for proper performance of its services. Consultant may rely upon Client-provided documents in performing the services required under this Agreement; however, Consultant assumes no responsibility or liability for their accuracy. Client-provided documents will remain property of Client.. All reports, field notes, calculations, estimates, and other documents that are prepared as instruments of service, shall remain Consultant's property and Consultant shall retain copyrights to  these materials. Consultant will retain all pertinent records relating to services performed for a period of six years following submission of a report during which period the records will be made available to 13. TERMINATION: This Agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms of the Agreement by the other party through no fault of the terminating party. If this Agreement is terminated, it is agreed that Consultant shall be paid for total charges for labor performed to the termination notice date, plus 14. FORCE MAJEURE: Neither part to this Agreement will be liable to the other party for delays inj performing the services, nor for the direct ori indirect cost resulting from such delays, that may result from labor strikes, riots, war, acts of governmental authorities, extraordinary weather conditions or other natural catastrophes, or any other cause beyond the reasonable control or contemplation of either party. 15. SEVERABILITY AND SURVIVAL: Any element of this Agreement later held to violate a law shall be deemed void, and all remaining provisions shall continue in force. However, Client and Consultant will in good faith attempt to replace any invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. All terms and conditions of this Agreement allocating liability between Client and Consultant shall survive the completion of the services hereunder and the termination of this Agreement. 16. ASSIGNMENT: Consultant shall not delegate any duties, nor assign any rights or claims under this Agreement, nor sub any part of the work authorized, without prior written consent of Client.  Client at all reasonable times.  reimbursable charges.  decontaminated.  Initial M -