/ Dale County Commission Commission Meeting Minutes- October 25, 2022 The Dale County Commission convened in a regular session Tuesday, October 25, 2022. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham; District Three Commissioner Charles W. Gary; and District Four Commissioner Frankie Wilson. Chairman McKinnon called the meeting to order at 10:00am. Commissioner Grantham opened with the Pledge of Allegiance. Commissioner Gary followed with prayer. APPROVED = AGENDA Commissioner Gary made a motion to approve the agenda with the following addition: Additional personnel item 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 94495-94598. Payroll Check Numbers: 154859 = 154862. Direct Deposit Check Numbers: 422618-422754. Commissioner Grantham seconded the motion, all voted aye. Motion carried. Dale County Commission Commission! Meeting Minutes - October 25, 2022 Page 2of4 APPROVED = MINUTES Commissioner Gary made a motion to approve the Minutes oft the Commission Meeting of October 11, 2022. Commissioner Carroll seconded the motion, all voted aye. Motion carried. APPROVED - PERSONNEL - NEW HIRES Commissioner Grantham made a motion to approve the following: Ethan "Tyler" Mitchell - Maintenance Technician - Maintenance Dept. Jackie D. Taber - Correction Officer - Jail - Part-time. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED -1 TRAVEL REQUEST Commissioner Gary made a motion to approve the following: EMA -V Willie Worsham - Nov. 8-9, 2022-C Clanton, AL -$193.51 Commissioner Grantham seconded the motion, all voted aye. Motion carried. APPROVED - CELLULAR SERVICE AND EQUIPMENT POLICY Commissioner Gary made a motion to approve a revised Cellular Service and Equipment Policy. See Exhibit 1. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - ARPA FUNDS - PREMIUM PAY Commissioner Carroll made a motion to approve premium pay from the ARPA funds and any budget adjustments. See Exhibit 2. Commissioner Grantham seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes - October 25, 2022 Page3of4 APPROVED SUPPORT BROADBAND AND ECONOMIC DEVELOPMENT Commissioner Grantham made a motion to approve a resolution in support of broadband expansion and economic development. See Exhibit 3. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - 2023 COUNTY HOLIDAY SCHEDULE Commissioner Carroll made a motion to approve the 2023 county holiday schedule. See Exhibit 4. Commissioner Grantham seconded the motion, all voted aye. Motion carried. APPROVED - EXTENSION OF COUNTY SALES TAX EXEMPTION Commissioner Gary made a motion to approve an extension of county sales tax exemption for aviation maintenance. See Exhibit 5. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - EMS TAG DISTRIBUTION-, JULV-SEPTEMBER, ,2022 Commissioner Grantham made a motion to approve the EMS tag distribution for July- September, 2022. See Exhibit 6. Commissioner Carroll seconded the motion, all voted aye. Motion carried. APROVED - ANNUAL BIDS - ROAD & BRIDGE Commissioner Gary made a motion to approve the annual bids. See Exhibit 7. Commissioner Carroll seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes - October 25, 2022 Page4of4 APPROVED - GPS SUBSCRIBER SERVICE AGREEMENT Commissioner Carroll made a motion to approve a GPS subscriber service agreement for County equipment. See Exhibit 8. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - CANCELLATION OF MEETING - 11/22/22 Commissioner Grantham made a motion to approve the cancellation of the regular meeting on November 22, 2022. Commissioner Carroll seconded the motion, all voted aye. Motion carried. APPROVED - RECOGNITION OF SERVICE - SHERIFF GARY "WALLY" OLSON Commissioner Grantham made a motion to approve a resolution of appreciation and recognition of public service for Sheriff Gary "Wally" Olson. See Exhibit 9. Commissioner Carroll seconded the motion, all voted aye. Motion carried. APPROVED - COPIER LEASE AGREEMENT- -JAIL Commissioner Gary made a motion to approve the copier lease for the Jail. See Exhibit 10. Commissioner Wilson seconded the motion, all voted aye. Motion carried. ANNOUNCEMENT - NEXT REGULAR MEETING Chairman McKinnon announced that the next regular meeting of the Dale County Commission will be Tuesday, November 8, 2022 at 10:00am. ADJOURNMENT: CONFIRMATORY STATEMENT Commission Gary made a motion to adjourn the meeting. Commissioner Grantham 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. Srh AK Steve McKinnon, Chairman Commission Chairman Steve McKinnon Commissioners Chis Carroll Donald 0. Grantham District2 Charles W. Gary District3 Frankie Wilson District4 County Administrator Cheryl Ganey Exhibit 1 District1 COIRA MIS Dale County Commission Cellular Service and Equipment Policy October 25, 2022 1. In order to be assigned any cellular service and/or equipment, an individual must be an employee of the Dale County Commission. Also, the service and/or equipment be needed ini the performance oft their job duties. 2. Once a Department Head determines the need for cellular service and/or equipment for an employee, the department head must follow the Purchasing Policy of the Dale County Commission. Purchase Orders must be issued. 3. Service and equipment charges will be reviewed monthly to ensure compliance with policy. 4. Employees which are assigned equipment will comply with all safety policies regarding the use of cellular 5.A Alle equipment must be turned ini to the Commission office upon termination of employment with the Dale County Commission. Also, ifequipment is updated, old equipment is to be turned into the service and equipment. See the Dale County Commission's Safety Manual. Commission office. 6. Cellular telephones are the property of the county. Cellular telephones are to be used for business purposes in serving thei interests oft the county, the residents of the county, and its clients and customers in the course of normal operations. Users of county-issued cellular telephones are responsible for exercising good judgment regarding the reasonableness of personal use. Users of county-issued cellular telephones shall not use the county-issued cellular telephones to engage in activities that are in violation of any federal or state law, ort that are, in violation of any county policy. Cellular telephones will be returned to the county and thet telephone number disconnected upon separation from the county. There will be noi transferring of a county number for personal use. Exhibit2 RESOLUTION FOR EXPENDITURE OF AMERICAN RESCUE PLAN ACT FUNDS FOR PREMIUM PAY WHEREAS, Dale County, Alabama (the "County") has received American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds ("ARPA funds") and is charged with ensuring that such funds are expended in accordance with state and federal law; and WHEREAS, providing premium pay to eligible County employees is an authorized use of ARPA WHEREAS, thel Dale County Commission (the' Commission") has determined that appropriating ARPA funds to provide premium pay to eligible County employees in response to their performing essential work during the COVID-19 pandemic is a necessary and reasonable use of these funds; and WHEREAS, the Commission desires to establish ai temporary premium pay program to provide premium pay to eligible County employees as additional compensation during certain designated pay funds; and periods. NOW, THEREFORE, BE ITI RESOLVED BY THE COMMISSION as follows: 1) There is hereby established the Dale County Temporary Premium Pay Program (the' "TPP Program") to provide temporary premium pay (TPP") as additional compensation to eligible County employees during designated pay periods (TPP pay periods"). 2) The TPP Program shall be funded with ARPA revenue replacement funds, but shall be implemented in accordance with the provisions oft the Final Rule issued byt the U.S. Department of Treasury governing premium pay awards under EC4.1 and the policies and procedures set forth in Addendum 1 to this Resolution, the provisions of which are incorporated herein by reference. 3) Except as otherwise provided herein, eligible County employees are employees whose assigned work duties require them to regularly interact in person with the public or their co-workers, or to regularly physically handle items that were handled byt the public or their co-workers. Elected County officials are not eligible employees for the purposes oft the TPP Program. 4) Except as otherwise provided herein, during each TPP pay period, eligible employees will receive as additional compensation TPP in the amount of $6.25 per hour up to a maximum total amount of $1,0001 fori full-time employees and $750f for part-time employees. 5) 6) The TPP pay periods are as follows: Two consecutive pay periods starting with the pay TPP shall bei in addition to an eligible employee's regular rate of wages and other period beginning November 4, 2022. compensation, with no reduction, substitution, offset, or other diminishment oft the employee's current and prospective wages or other compensation. purposes of calculating overtime pay. 7) TPP payments shall bei includedi in the calculation of an employee's regular rate ofp pay for Exhibit2 8) Additional compensation attributable to the TPP Program, including additional compensation for overtime pay attributable to the payment of TPP, shall not exceed $1,000 for each eligible full-time employee and $7501 for each eligible part-time employee during the TPPI Program. exceeds $13.00 per hour, including additional overtime pay attributable tot the payment of TPP. 9) The County will not use ARPA funds for any compensation attributable to TPP that 10) Ina accordance with the provisions of the American Rescue Plan Act and rules adopted a. Shall not be provided for work performed while an employee is working remotely from a Shall not be provided tot the extent that TPP would increase the total annual wages and remuneration for an eligible employee that is exempt from the Fairl Labor Standards Act overtime provisions above $72,165, or another amount equal to 150p percent oft thel higher of Alabama's or the County's annual average wage for all occupations as defined by the most recent the Bureau ofL Labor Statistics' Occupational Employment and' Wage Statistics; thereunder, TPP residence or other non-job-related location, and and 11) The County Administrator hereby authorized to expend ARPA revenue replacement funds ina accordance with the provisions of this Resolution for any and all compensation and additional covered benefits provided to employees as a result oft the TPP payments authorized herein. 12) Payment of TPP, as authorized by this Resolution, shall be contingent on the continued appropriation and availability of ARPA funds for this purpose andi in no event shall paid for any pay period ending after December 31, 2024, or after the termination oft the national emergency concerning the COVID- 19 outbreak declared pursuant to the National Emergencies Act (50U.S.C. 1601 et seq.), whichever date occurs first. INI WITNESS WHEREOF, thel Dale County Commission has causedi this Resolution tol be executedi in its name and oni its behalf by its Chairman on the 25th day of October, 2022. Spin 9f Steve McKinnon, Chairman Dale County Commission Exhibit. 2 Addendum 1: RESOLUTION TO EXPEND ARPA FUNDS FOR PREMIUM PROGRAM ARPA Funds Project for Premium Pay (EC 6.1) Project implementation Policies and Procedures DALE COUNTY, ALABAMA October 25, 2022 Table of Contents l. I. PROJECT POLICY GUIDELINES ELIGIBLE COSTS II. REPORTING AND RECORD RETENTION III. PROJECT MPLEMENTATION PROCEDURES 1 Exhibit 2 ARPA Funds Project for Premium Pay (EC 6.1) Dale County, Alabama (the County") may use American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds ("ARPA funds") to provide premium pay! to eligible employees in response to their performing essential work during the COVID-19 public health emergency. I. PROJECT POLICY GUIDELINES A. Premium pay will be provided to eligible County part-time and full-time employees to respond to their performing essential work during the COVID-19 public health emergency by prioritizing low- to moderate-income essential employees. B. Essential work is: 1. Work thati is not performed remotely from the employee's home or another non-job-related 2. Work thati requires the employee to regularly interact in person with the public or co-workers or C. Elected County officials are not eligible employees for the purposes oft the County's premium pay D. Premium pay' willl be included in an employee's regular rate of pay for the purposes of calculating overtime and for the purpose of calculating retirement contributions and applicable taxes. E. The County will not use ARPA funds for any additional compensation attributable to TPP that exceeds $13.00 per hour, including additional overtime pay attributable to the payment of TPP. F. In no event will the total amount of premium pay paid using ARPA funds, including additional location; and tor regularly physically handle items that were handled by others. project. overtime attributable to premium pay: 1. Exceed $25,000 per eligible employee; 2. exceed $13.00 per hour; or 3. Increase an employee's total wages and remuneration fore exempt employees under the Fair Labor Standards Act above $72,165, or another amount equal to 150% of the higher of Alabama's or the County's annual average wage for all occupations as defined by the most recent the Bureau ofl Labor Statistics' Occupational Employment and Wage Statistics. G. The County will provide premium pay to eligible employees as additional pay fort the designated pay periods. Premium pay will be paid concurrently with employees' regular wages fort the 2 Exhibit. 2 designated pay periods andi in no event willl be provided as additional pay for work performed in a H. Premium pay shall bei in addition to an eligible employee's regular rate of wages and other compensation, with no reduction, substitution, offset, or other diminishment oft the employee's current and prospective wages, including anyi foreseeable future wage increases. previous pay period. Reference: 31 C.F.R. S 35.6(c) and Ala. Const. Art. IVS68. II. ELIGIBLE COSTS The County may use ARPA funds to cover A. The cost, up to $13.00 per hour, of providing premium pay to eligible employees, including overtime pay attributable to premium pay; and B. The County's contributions or expenses attributable to premium pay for 3. Paid leave, ifp provided pursuant to a written County leave policy. 1. FICA; 2. Retirement; and Reference: 31 C.FR.S35.6(c). III. REPORTING AND RECORD RETENTION All expenditures of ARPA funds must be reported tot the U.S. Department of Treasury (Treasury")in the County's Project and Expenditure Report. Reporting is to be done on an annual basis. A. Pursuant to reporting guidance issued by Treasury on April 1, 2022, for premium pay projects funded with Revenue Replacement funds, the County must include the following in its report: 2. Project number (This willl be automatically assigned to the project by PROCORE.); 5. Related expenditures (current period obligation, cumulative obligation, current period 1. Project Name (Premium Pay); 3. Expenditure category (EC6.1); 4. Ad description of the project; and expenditure, cumulative expenditure). 2031, or as extended by Treasury. B. All supporting documentation, including payroll documents, must be maintained until December 31, Reference: 20 C.F.R. Parts 200.430&431, 31 C.F.R. Part 35.6(d), and Reporting Guidance Part 2(b)(3). 3 Exhibit 2 IV. PROJECT MPLEMENTATION PROCEDURES 1. Inc conjunction with the County's adoption of a resolution approving expenditure of ARPA funds for premium pay that conforms in substance with the Project Policy Guidelines in Section I, the County will formally adopt thesei implementation policies and procedures and forward a copy oft the resolution and adopted policies and procedures to Investing in Alabama Counties ("IAC") staff at ac@aabamacountesoy, 2. IAC staff will create a corresponding project in PROCORE. employees who are eligible to receive premium pay. 3. The County's ARPAI Fund Program Director ("Program Director") will determine the County 4. Additional compensation attributable to premium pay willl be accounted for separately in employee pay vouchers. Ifpremium pay is awarded for pay periods spanning less than a year, compensation attributable to premium pay shall be paid separately from the employee's regular wages and 5. Fore each pay period during which an eligible County employee works remotely from a non-job- related location, the employee's supervisor will notify the County's payroll clerk or other designated individual in writing, who will adjust the employee's premium payt to exclude thel hours he or she worked remotely. Records of remote work performed by eligible employees will be retained by the 6. The Program Director will ensure thei implementation ofi internal procedures to accurately track the eligible costs attributable to the County's premium pay project and related charges to or transfers from the County's 298 ARPAI Fund. These internal procedures are as follows: reviewing all payroll remuneration. County in accordance with the record retention policy in Section IIL. records to ensure correct charges to and transfers are correct. 7. The Program Director will ensure thei implementation of internal procedures to track premium pay awarded to employees, including overtime pay attributable to the premium pay award, and ensure. that premium pay awarded to any eligible employee does not exceed thel limitations set forth in Section I. These internal procedures are asi follows: reviewing all payroll records and using excel worksheet to calculate the correct amount to be paid. 8. Att the close of each quarter, the Program Director will prepare or cause tol be prepared an accounting oft the following: premium pay project; a. The cumulative number of employees that have received premium pay to date pursuant to the 4 Exhibit - 2 b. The total amount of premium pay, including overtime and paid leave attributable to premium C. The total amount of the County's expenses or contributions for FICA and retirement attributable to premium pay provided to employees during the quarter; and d. An estimate oft the additional amount of ARPA funds obligated for the remaining pay periods 9. The Program Director will review and certify the accounting as accurate and forward a copy of the accounting and any supporting documentation, e.g., ledger entries, payroll summaries, and remote 10. IAC staff will upload the accounting and supporting documentation into PROCORE and enter the premium pay projecte expenditures and obligations certified by the Program Director. pay, provided to employees during the quarter; included in the County's premium pay program. work records, tol IAC staff. 5 Exhibit3 STATE OF ALABAMA DALE COUNTY RESOLUTION OF THE DALE COUNTY COMMISSION WHEREAS, the Dale County, Alabama, County Commission stands in favor of Amendment 2 and Amendment 71 to the Alabama Constitution, which will promote broadband expansion and economic WHEREAS, citizens across the state are urged to vote" "Yes" on Amendment: 2 and Amendment 7 on WHEREAS, Amendment 2 would authorize state and local governments tou use certain public funds to incentivize broadband expansion, most notably in the rural and underserved areas of the state. WHEREAS, Amendment: 7 makes several necessary technical changes to local governments' economic development powers-t -the most important of which is clarifying that all counties may exercise these powers, regardless of whether they also have al local constitutional amendment pertaining to economic WHEREAS, Amendment 2 and Amendment 7 wille each greatly benefit this county and state by prioritizing broadband expansion and economic development as we progress further into an erai in which economic NOW, THEREFORE, BE IT RESOLVED BY THE DALE COUNTY COMMISSION thati it expresses its resolute support of Amendments 2a and 71 tot the Alabama Constitution and any other legislation or policy development, respectively. Election Day, November 8, 2022. development. and technological stability are critical. modeled similarly. DONE this 25th day of October, 2022. Sh Yhfnn Steve McKinnon Commission Chairman Exhibit4 4 DALE COUNTY COMMISSION 2023 Holiday Schedule 10 hour 8 hour employees employees January 02, 2023 January 16, 2023 February 20, 2023 April 07, 2023 May 29, 2023 June 19, 2023 July 4, 2023 Floating Holiday September 4, 2023 October 09, 2023 November 10, 2023 November 23, 2023 November 24, 2023 December 25, 2023 Monday Monday Monday Friday Monday Monday Tuesday New Year's Day MLK Day Presidents' Day Good Friday Memorial Day Juneteenth 4thofJuly 10 10 10 X 10 10 10 10* 10 10 X 10 X 10 110 8 8 8 8 8 8 8 6* 8 8 8 8 8 8 110 August 1st to September 30th Monday Monday Friday Thursday Friday Monday Labor Day Columbus Day Veterans' Day Thanksgiving Thanksgiving Christmas TOTAL Holiday Hours *Month of August and September floating holiday with Supervisor's approval. 10/12/2022 Exhibit5 A RESOLUTION PROPOSED FOR ADOPTION BY THE COMMISSION OF DALE COUNT, ALABAMA RESOLUTION NO. WHEREAS, by Resolution No. 2013-02-28-01, the governing body of] Dale County, Alabama resolved that there be an exemption from county sales tax for any parts, components, and systems used in the conversion, reconfiguration, or maintenance of an aircraft certified as a transport category aircraft as provided in State of Alabama Act No. 2012-185, that such exemption was in the best interest oft the citizens ofDale County, Alabama, and that the county sales tax law be thereby amended to include such exemption; and WHEREAS, the State of Alabama has extended the tax exemptions conferred in Act No. 2012-185 through May 30th, 2027 via the passage of Act 2022-293; and WHEREAS, the governing body of] Dale County, Alabama finds that tax exemption adopted by Resolution No. 2013-02-28-01 continues to be in the bestinterest of the citizens of Dale NOW, THEREFORE, BE IT RESOLVED, by the Commission of Dale County, Alabama that the tax exemption created by Resolution No. 2013-01-23-01 is hereby extended BE IT RESOLVED FUTHER, that it is the intention of the Commission of Dale County, Alabama that this tax exemption shall be automatically extended past May 30th, 2027, should the State of Alabama continue to extend this exemption through future legislative acts, until such extended date(s) of expiration as defined by the State of Alabama. County, Alabama. pursuant to Act 2022-293, until at least May 30th, 2027; and ADOPTED AND APPROVED on the 25th day of October, 2022. Spfar Yfm Steve McKinnon Commission Chairman ATTEST: By: County SEALN Exhibit 6 EMS FUNDS July-S September, 2022 DISTRIBUTION ARITON DALEVILLE ECHO LEVEL PLAINS MARLEY MILLS OZARK EMS sO DALE EMS $ $ $ $ $ $ $ 4,010.25 16,947.15 13,755.16 1,500.00 910.93 20,051.24 17,524.79 $74,699.52 Exhibit 6 s S s Exhibit 7 202 S. Hwy 123, Suite A Ozark, Alabama 36360 334.774.7875 Matthew W. Murphy, P.E. County Engineer DALE COUNTY ROAD AND BRIDGE MEMORANDUM Date: October 25, 2022 To: Dale County Commission From: Matt Murphy County Engineer Re: Annual Bid Awards After a careful review, it is the recommendation of the Dale County Engineering Department to award the. Annual Bids as follows: CRS2 ASPHALT: CRUSHEDSTONE: Hunt Refining (renewed) North Montgomery Materials Mohawk Valley Mining May's Distributing (renewed) Wiregrass Construction Company Vulcan Signs (renewed) Johnston Trucking FUEL: HOT MIX ASPHALT: TRAFFIC SIGNS: CRUSHED CONCRETE: SEE. ATTACHED SHEETS FOR BREAKDOWN Exhibit 7 N 2N DE Exhibit 7 $A Exhibit 7 BID SUBMISSION FORM CRUSHED CONCRETE F.O.B. Source Per Ton Crushed Concrete $22.00 Address of material source: 899-301 Twithcell Road Dothan, Al. 36301 Approximate mileage to Dale County Maintenance Shop: 17 miles @1725 Col Rd 30, Ozark, AL 36360 Company's Name: JOHNSTON TRUCKING, L.L.C. Company's Address: 2910 Hwy 231 S. BRUNDIDGE AL 36010 Company's Phone Number: 334-735-2283 Company's Fax Number: 334-735-2248 Name of Authorized: Co. Representative: Luke Johnston Title: President SignatupcorAuthorized Cp.-Representative: CR Public, AL State atl Large My Comm. Expies0ct-22,2022 E COMMISSION EXPINgtary SEAL Exhibit 8 Diversified Computer Services GPS Subscriber Service. Agreement Agreement. This Subscriber Agreement ("Agreement"): is a contract under which we ("Diversified Computer Services, LLC" or "DCS") agree to provide global positioning services ("Services") and tracking devices 2. Term Commitments & Early Termination Fees. The Services we offer may require ai minimum term, usually 12,24, or 361 months ("Term Commitment"). You will be charged a fee ("Barly Termination Fee") for each Device that you terminate early (i.e., prior to satisfying the Term Commitment) or for each Device that we terminate early for good cause (e.g., violating the payment or other terms of the Agreement). If the Early Termination Fees applies, yous will be charged $100 per Device. After youl haves satisfied your Term Commitment, 3. Payments. You will receive a1 monthly invoice for Services. You agree to make payments on or before the due date of the invoice in the amount set forth in the invoice plus additional taxes, fees, or surcharges, ifapplicable. ("Devices")toy you( ("Subscriber"). your Services continue on a1 month-to-month basis without any EarlyTermination' Fee. The1 monthly invoice may be senti in al hard copy viai mail or electronically. Service Plan. The following Service Plans are available. Please indicate the quantity for the appropriate service level. a. b. C. d. Month-to-Month 12-Month 24-Month 36-Month Customer pays fora alll Device &i installation costs (quoted separately). Monthly Service- - $20/Device! billed on monthly basis No minimum term commitment required Customer pays for portion ofDevice &i installation costs (quoted separately). Monthly Service $20/Device billed on monthly basis Minimum 12-month term commitment required Device ori installation included ini monthly costs, but early termination fee applies. Monthly Service - $20/Device billed on annual basis (i.e. $240/device)! in advance Minimum 24-month term commitment required Device ori installation costs included in monthly costs, but early termination fee applies. Monthly Service $20/Devicel billed on1 monthly basis Minimum 36-month term commitment required. 5. Chameuedlermlnate Wer may change any part of the Agreement: at any time including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. Ifa change is made, you willl bey provided 30 days' notice and unless you objecti in writing, the Agreement will continue in effecty with thes specified changes. We can, without notice, suspend or terminate any Service at any time for reasonable causes, including, but not limited to: (a) late payment or (b) using/suspicion of using Services in any manner restricted by or inconsistent Terminated Services Rights. You can terminate Services at any time by calling us and requesting that we deactivate all Services. You are responsible for all charges billed ori incurred prior to deactivation. 7. Restrictions. You may not use our Services: (a) tot transmit content/messages that are, or in any manner that is, illegal, unlawful, fraudulent, threatening, abusive, defamatory, or obscene; (b)i in a way that could cause damage or adversely affect our customers, reputation, network, property or Services; (c) to communicate any unsolicited message; (d) toi infringe ont the copyright ofa another, or upload or transmit any virus, worm, ori malicious code; or Disputes Any dispute to a charge on your bill must be made within 45 days oft the date of the bill that initially 9. Data Retention. At this time, the standard data retention included in the Service is 12 months. Extended data with the Agreement or applicable state or federal laws; (e) in any way prohibited by the terms of our Services, the Agreement or our Policies. contained the charge. retention can be added as an optional service and will be quoted separately. Pageiof3 Exhibit 8 Diversified Computer Services GPS Subscriber Service. Agreement 10. Privacy. You agree to thet terms of our Privacy Policy, available at our website, when your use our Services. This policy may change from time to time, so review this policy with regularity and care. Among other things, the policy includes important information on what information we collect about you, how we use thati information, and with whom we share thati information (e.g., toj provide you certain Services, toj protect our rights andi interests, to respond to legal process, to facilitate ai merger, etc.).. Also, to ensure the quality of our Services and for other lawfulj purposes, wei may also monitor or record Device data (e.g., device travel, historical data, system messages, etc.).1 If you do not agree with the terms of our Privacy Policy, do not) purchase or use our Services. 11. Limited Liability: No Consequential. Damages. TOTHE EXTENT. ALLOWED BYI LAW, OURI LIABILITY FORI MONETARY DAMAGES FOR ANY CLAIMS YOUI MAYI HAVE. AGAINST USI IS LIMITED TONO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WEI LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATEDTOI PROVIDING OR FAILINGTOPROVIDE SERVICES. IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, BODILY HARM, DEATH, EMOTIONALI DISTRESS, OR COST OFI REPLACEMENT PRODUCTS AND SERVICES. 12. Dispute Resolution/Arbiration, To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to this Agreement will be determined by final and binding arbitration tot the exclusion oft the courts: The requirements of the parties tot this Agreement to arbitrate covers all disputes of every kind relating to this Agreement or to any dispute arising out of this Agreement. In addition, the arbitrator selected according to procedures set forth below shall determine the arbitrability of any matter brought tol him, and his decision shall be binding on the parties and on the courts. b. The arbitration shall be conducted in Montgomery, Alabama. Unless the parties hereto are able to agree on as single arbitrator within ten days after thei initiation ofan arbitration proceeding, a single arbitrator shall be appointed by the American Arbitration Association. The decision in writing oft the arbitrator shalll be final and binding upon the parties. Rules ofarbitration: shall bet the Commercial. Arbitration Rules oft the American Arbitration Association, as modified by any other instruction that thej parties hereto may agree upon att the time. Thej parties shall be entitled to reasonable discovery toi include document production and al limited number of depositions, toj prepare for the arbitration hearing. In the event ofa dispute regarding discovery, the dispute will be The arbitrator shall give a written explanation of the reasons for his award. The arbitrator shall have power and authority to award any remedy orj judgment that could be awarded by a court of law in the jurisdiction. The award rendered by arbitration shall be final and binding upon the parties hereto, and judgment upon the award mayl be entered in any court of competent jurisdiction in the United States The arbitrator may. apportion the costs of arbitration between the parties in such manner as it deems reasonable, taking into aƧcount the circumstances of the case, the conduct of the parties during the d. Arbitration shalll be administered by the American Arbitration. Association. resolved byt the arbitrator. proceeding, and the result of the arbitration. 13. Indemnification. You agree to indemnify, defend and hold us harmless from any claims arising out of your actions including, but notl limited to, failing toj provide appropriate notices regarding location-sensitive: services, or violating this Agreement, any applicable law or regulation or the rights of any third party. Page2of3 Exhibit 8 Diversified Computer Services GPS Subscriber Service. Agreement 14. Notices. Any notices permitted or required by this Agreement shall, ifintended for DCS, be delivered or mailed to DCS at 8200 Old Federal Road, Montgomery, Alabama 36117, and, if intended for Subscriber shall be Any notice given by mail shall be by certified U.S. mail, return receipt requested, and shalll be deemed given on the date of the first attempted delivery by the U.S. Postal Service. Notice may also be given by e-mail, at shall bei in writing and (except for notice given by certified U.S. mail, return receipt requested) shall be deemed given when received or refused. Ap party's counsel may give notice on behalf ofs such party. Aj party may change its address for receiving notices by giving notice tot the other party as provided in this paragraph. 15. Other) ImportantTerms This Agreement is governed exclusively by the laws ofthe State of Alabama. Ifeither ofus waives or does note enforce ai requirement under this Agreement in ani instance, we do not waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement is not for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You may not assign the Agreement or any of your rights or duties underi it. Wer may assignt the Agreement. The Agreement and the documents thati iti incorporates make up the entire agreement between us and replaces all prior written or spoken agreements. The rights, obligations and commitments ini the Agreement that, by their nature, would logically continuel beyond thet termination of Services (including, but not limited to, those relating tol billing, payment, dispute resolution, no class action, noj juryt trial), By executing and returning to us, or by otherwise using the Services, you expressly agree on behalf delivered personally or mailed to Subscriberat[ dan.f floyd@des-des.com ift to DCS and at ifto Subscriber. Any notice survive termination ofs Services. of Subscriber to be bound by, and comply with, this Agreement. Diversified Computer Services, LLC 354 7% Name: Shle Asua E Name: Title: Signature: Date: Date: 102522 Page 3of3 Exhibit9 RESOLUTION OF APPRECIATION AND RECOGNITION OF PUBLIC SERVICE SHERIFF GARY "WALLY" OLSON WHEREAS, thel Dale County Commission wishes tol honor the many contributions of Sheriff Gary "Wally" Olson, as he retires from his position as Sheriff for Dale County; and WHEREAS Alabama Code Section 45-23-232 permits any Sheriff's Deputy who has worked for the Dale County Sheriff's Office for more than 10 years to be awarded their badge and service NOW, THEREFORE BE ITI REMEMBERED, that Sheriff Olson began serving Dale County as an E-911 dispatcher in 1995. Hei next served as a corrections officer, and then became. APOSTC certified in 1996, going on to serve the county as a Deputy Sheriff from 1997 until he was elected as Sheriff ofl Dale County in 2007. Throughout his career, Sheriff Olson earned many honors and distinctions including: Rotary's Paul Harris Fellowship Award, Kiwanis Club's George Hixson Award, Vocal Angel House's State Law Enforcement Officefof the Year Award, VFW's State and National Officer of the Year. Awards, thel Boy Scouts' American Golden Eagle. Award, the Sons of the American Revolution's Law Enforcement Commendation Medal, the City of Ozark's Man of the Year Award, as well as numerous other awards and commendations. Sheriff Olson has served as an advisory board member to the Criminal Justice Program at Wallace College, has served as an Executive Board Member and President of the Alabama Sheriffs' Association, serves as a board member to Dale County Community Corrections, and board member to the Boys and Girls Club of Southeast. Alabama where he was awarded the NOW, THEREFORE, BE ITRESOLVED, as a result of the many contributions by him tol Dale County and the State of Alabama, as well as his zealous pursuit of law and order therein, the Dale County Commission hereby honors Sheriff Gary "Wally" Olson, and in recognition ofl his pistol upon his orl her retirement; and Champion of Youth and National Service to Youth awards; and service to Dale County, awards him with his badge and service pistol. ADOPTED AND APPROVED: on the 25th day of October, 2022. Sr - ZAgen Steve McKinnon, Commission Chairman ATTEST: Cheryl G Exhibit 10 Lease Agreement xerox Customer: DALE,COUNTY OF BilITo: COUNTYOFD DALE STEC 202S SHIGHWAY1 123 OZARK, AL: 36360-8819 Install: DALE COUNTY. JAIL 124ADAMSST OZARK, AL3 36360-0314 State orl Local Government! Negoliated COntract:072815900 Solution Item Product Description Agreement Information Trade Information Xerox B7025 S/N5 5DA850964 Trade-Ina as ofF Payment 36 Requested Install Date 11/4/2022 1.B7135H2 (XEROXI B71351 TTRAY 0S) Integratd Off Finshr No Post Script Customer Ed Analys! Services Monthly Pricing Item 1.B7135H2 Total Lease Term: Purchase Option: 361 months FMV Lease Minimum Payment $129.14 $129.14 Print Charges Volume Band 2,501+ Maintenance Plan! Features Consumable Supplies Included for all prints Pricing Fixedf for Term Meler 1:Black and 1-2,500 White Impressions Per Print! Rale Included $0.0066 Minimum Payments (Excluding Applicable Taxes) Authorized Signature Customera acknowledgest receiptoflhelerms ofthisa agreement whichconsists of2pagesir includingt thisf facepage. Thanky Youf for your business! This Agreement isp proudly presented by) Xerox and Robbie Yeats (888)334-5806 Fori information ony your) Xerox Account, goto BAACPAsTNerse Signer: Shpie Phone: (334)774-6025 "S5 Date: 1032 WSW37426 10/6/2022 10:12:55 Confdenlal-Copytgho, 2008) XEROX CORPORATION. Allrights reserved. Page 1of2 119734901010010020 Exhibit 10 Lease Agreement xerox Terms andConditions INTRODUCTION: standard) Xerox terms fors such option. GOVERNMENT TERMS: SOLUTIONSERVICES: 1.N NEGOTIATED CONTRACT. The Products ares subjects solelyt tot the terms int the 4.OVERSIZE! PRINTS. Each printi made ont thef followingE Equipment B7135H2, thatis Negotiated Contracti identified ont thef face oft this Agreement, and, for any option you larger than 145 square inches (e.g.. 11x17=1 187 squarei inches), but less than or have selected that is not addressed int the Negotiated Contract, the then-current equalt to4 491 mmi inl length, willr register ast two (2)p prints ont the applicable (B&Wlcolor) Agreement, that: (1)y youa areas State orafulyo constituted politicals subdivisiono ora agency 5.FIXED PRICING. It"Pricing Fixed for Term" isi identified in Maintenance Plan ofthe State inv whichy you arel locateda and are authorized to enter into, and carry out, Features, ther maintenance component of the! Minimum Payment and! Print Chargesy will Documents have been dulya authorized, executed and deliveredb by, youi ina accordance 6.F REMOTE SERVICES. Certain models of Equipment ares supported and serviced witha alla applicable laws, rules, ordinances andr regulations |ncluding alla applicable laws using producti information that is automaticaly collectedb by) Xerox or transmitted toor govering openr meetings, public bidding: anda appropriations requiredi inc connection with from) Xerox byt the Equipment connectedt toy yourr network ("Remote Product Info)via this Agreement and the acquisition oft the Products) and are valid, legal, binding electronic transmissiont toas secure off-sitel location ("Remote Transmission"). Remote agreements, enforceablei in accordancev with their terms; (3)t thep person(s)s signingt the Transmission also enables) Xerox tot transmit Releases of Software toy you and to Documents have thea authorityt to dos s0, are actingy with thet fulla authorization ofy your remotely diagnose andr modilfyE Equipment ton repair ando correctr malfunctions. Examples governing body and! holdt thec offices Indicated! belowt theirs signatures, eacho ofv which are of Remote Product Info include product registration, meter read, supply level, genuine; (4) the Products are essential to the immediate performance ofa Equipment configuration and settings, softlware version, and problem/fault code govemmental orp proprietaryf function byy youv within thes scope ofy youra authoritya andy will information. Remote Product Infor may be used by) Xerox for billing, report generation, beu used duringt the Term only byy you and onlyt top performs such function; and (5)) your supplies replenishment, support services, recommending additional products and payment obligations under this Agreement constituteac currente expense andr nota ladebt services, andp producti impovemenldevelopmen! purposes. Remote Product Infov willbe under applicables statel law andi nop provision oft this Agreement constitutes ap pledge of transmitted to and from youi ina a secure manner mutually agreeable tot the parties. your tax or generalr revenues, anda any provision thati is SO construed by a court of Remote Transmission willr nota allow) Xerox tor read, view or download the content ofa any 3.FUNDING. Thisp provisioni is applicablet to governmentale entities only. Your represent ory youri information management: systems. You grantt ther rightte to Xerox, without charge, andi warrantt thata all payments duea and tot become due during your currentf fiscaly year to conduct Remote Transmission fort the purposes described above. Upon) Xerox's are within thef fiscal budget ofs suchy yeara and arel included within anu unrestricted and request, you will (a) provide contact information for Equipment such as name and unencumbered: appropriation currently available fort thep purchase'maintenance oft the address ofy your contacta andI IPa and physical addresseslocations ofE Equipment and (b) Products, andit itisy youri intent to uset the Products fort thee entiret term and tor make all ensuret that any Maintenance Release or Updater released! by) Xerox to provides security payments required under this Agreement. If(1)! throughr noa actioni initiated! byy you,) your. patches, releases andlor certificates fort the Remote Transmission andlor Softwarei is legislative body does not appropriate funds for the continuation oft this Agreement for promptly enabledby Customer upon notification! by) Xeroxo orb byt the Equipmento or when any fiscaly yeara after thef firstf fiscal year and! has nof fundst to dos sof from other sources, otherwise made available onx xerox.com. You wille enable Remote Transmissioni viaa and (2)) you have made a reasonable but unsuccessful effort tof find a creditworthy method mutuallya agreeable tob bothp parties, andy youy will provider reasonable assistance assignee acceptablet to) Xeroxi initss solec discretion withiny your general organization who to allow Xerox to provide Remote Transmission. Unless Xerox deems Equipment can continue this Agreement, this Agreement may be terminated. To effect this incapable of Remote Transmission, you wille ensure that Remote Transmission is termination, your must, atleast3 30days prior tothe! beginning oft thef fiscaly yearf forv which maintained atallti times! Maintenance Services are! being performed. lfyou are unablet to your legislative body does not appropriate funds, notify> Xerox in wriltingt that your maintain Remote Transmission, ori ifXerox disables Remote Transmission from any legislative! bodyf failed toa appropriate funds and! thaty youl haver made ther requirede effort Equipmenta aty your request, orif fyoud disable Remotel Transmission from any Equipment, tofi finda ana assignee. Your notice must bea accompanied by payment of alls sums then Xerox reserves the rightt toc chargey youa a per device feet for such affected Equipment owedt through the currenty year under this Agreement. Youv will retumt the Equipment, at due tot thei increased: service visits that willl ber requiredi inc order to (x) oblains such youre expense, toal location designated by) Xerox and, when returned, the Equipment information, () provides such transmissions, and (2) provides such! Maintenance: Services will be ing good condition and free ofa alll liens and encumbrances. You will then be and Consumable Supplies that otherwise would have been provided remotely and/or meter, and,f for that Equipment with extra-long print capability, for any impressions greater than 491 mm will register upt tof four (4) prints ont the applicable (B&WIcolor) 2. REPRESENTATIONS & WARRANTIES. This provision is applicable to meter. governmental entities only. You represent and warrant, as oft the date oft this PRICINGI PLAN/OFFERING: SELECTED: your obligations under this Agreement and any other documents required to be noti increase duringt thei initiall Term oft this Agreement. delivered in connection with this Agreement (collectively, the Documents); (2) the GENERAL TERMS & CONDITIONS: competent jurisdiction is voidf from thei inception oft this Agreement. ofy your documents or other information residingo on orp passingt throught the Equipment released from any further payment obligations beyond those payments due for the proactively. current fiscaly year (with) Xeroxr retaining alls sums paidi toc date). WSW37426 10/6/2022 10:12:56 Conidenlal-Copyrighle 2008) XEROX CORPORATION. Allrights reserved. Page 2of2 1197349010020021 Exhibit 10 Lease Pricing PROPOSAL Presented to DALE, COUNTY OF CITYJAIL xerox ByN Mark Sonsalla On1 10/6/2022 CURRENT COST$ $152.981 Meter 0.0081 LOWERLEASE COSTLOWERI METER CHARGE YEARLYS SAVINGS $285 State orl Local Government Negotiated Contract: 072815900 Solution Item Product Description Agreement Information Tradel Information Xerox B7025 S/N 5DA850964 Trade-Ina as of Payment 36 Requested Install Date 11/4/2022 1.B7135H2 (XEROXI B71351 TTRAY OS) Integratd Off Finshr No Post Script Customer Ed Analys! Services Monthly Pricing Item 1.B7135H2 Total Leasel Term: Purchase Option: 361 months FMV Lease Minimum! Payment $129.14 $129.14 Print Charges Volume Band 2,501+ Maintenance Plan! Features Consumable Supplies Includedf for all prints Pricing Fixedf for Term Meler 1:Blacka and 1-2,500 White Impressions Per Print Rate Included $0.0066 Minimum Payments (Excluding Applicable Taxes) Allir informationi inti this proposali is considered confidential andi ist fort thes sole usec ofD DALE, COUNTYOF CITY JAIL. If youy wouldI liket to acquiret thes solution describedi int thisp proposal, wev wouldb bet happyt too offera a) Xerox ordera agreement. Pricingi iss subjectt to credita approval andi isv validu until 11/5/2022. Fora any questions, please contactr mea at( (850)849-3066 WSI W37426 10/6/20221 10:11:35 Confidential- -CopyrightP 2008 XEROX CORPORATION. Allrighis reserved. Page1ofi