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HomeMy WebLinkAbout0620 Minutes for June 20, 2017Adams County Board of Supervisors Board Minutes Courthouse, Adams County, Tuesday June 20, 2017 A regular meeting of the Adams County Board of Supervisors was held with Chairman Eldon Orthmann was presiding. Roll call members present, Michael Stromer - District 1 Lee Hogan- District 3, Scott Thomsen — District 4, Dale Curtis- District 5, Chuck Neumann — District 6, Eldon Orthmann — District 7, absent was Glen Larsen — District 2. Motion by Curtis, seconded by Stromer that this is an open public meeting of the Adams County Board of Supervisors. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Orthmann stated that minutes from the June 6, 2017 meeting have been circulated and will stand approved unless there is a correction. No corrections were suggested Public notice of this meeting has been given by publication in the Hastings Tribune and by posting. An agenda was available to the board members and was kept continuously current and posted in the County Clerk's office, the main courthouse lobby and the Adams County website. The following is the agenda of items to be heard, no modifications were made to the agenda after 9:30 a.m. the business day prior to this meeting. Agenda for Meeting of Adams County Board of Supervisors County Board Room, Courthouse, 2nd Floor * Date of Meeting, June 20, 2017 at 9:30 A.M. Announce location of Agenda & Open Meetings Law postings Reminder to turn off all cell phones Pledge of Allegiance Conflicts of Interest Roll call: Approve minutes: Conuruttee reports: Recognition of Harold Johnson Receive Comments from the Public: Note to Citizens: Any agenda item may be moved down at any time at the discretion of the Chairman of the Board of Supervisors. 9:45 Elizabeth Spilinek — Historical Society update and budget request. 10:00 Debby Shuck — Senior Action Inc. program update and budget request 10:15 Board of Equalization — Jackie Russell - Tax List Corrections Melanie Curry — Motor Vehicle Exemption 10:20 Dan Rutt — Revive program update and budget request 10:35 Chip Volcek — Present for possible approval of employee health insurance premiums Lee Hogan — discussion and possible action on wage step plan for full time Adams County Employees. Judy Mignery/Dawn Miller - 2017-18 Budget Preparers request for Board to approve i% budget Override to allow the County to increase the budget a total of 3.596 (2.5%+1% override) over 2017-18 budget Dawn Miller — Approve Sr. award bid for Motor Grader purchase Review and award armour coat bids Approve purchase of Caterpillar 289D Skidloader off lease agreement Dave Bergin- Present for possible approval, a lease agreement with Foote Realty Scott Thomsen— present for possible approval a lease agreement with the City of Hastings to rent space in the County's storage building in exchange for maintenance of grounds Discussion and possible approval of a service contract with Black Box for phone support. 556 I Page 11:00 Stefanie Creech -Will — ASAAP Program update and budget request Miscellaneous Business Claims Miscellaneous Receipts Officer Reports • This agenda is subject to amending until 9:30 AM on the Monday preceding the Board meeting. Last updated on June 19, 2017 at 9:07 a.m. For non-English speaking attendees wishing to arrange for a sign language or foreign language interpreter, please call or fax the County Attorney's office at Phone: 402-461-7240 or Fax: 402 461-7241. For hearing -unpaired individuals or individuals with other special needs call or fax the County Clerk's Office at Phone: 402 461-7107, or TTY: 402 461-7166 or Fax: 402-461-7185. When requesting an interpreter or services for the hearing unpaired, please provide at least forty-eight (48) hours advance notice to allow time for making the acconunodations. The Board reserves the right to go into executive session if such session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Board members attended the following committee meetings and community events since the June 6, 2017 meeting and provided a brief report: Thomsen: June 7, 2017 — met with Ann Hinton and Ron Kucera regarding possible upgrades to the county's phone system June 13, 2017- Attended an Adams County Insurance Committee meeting June 20, 2017 —Attended an Adams County Building and Grounds Committee meeting Stromer: May 25, 2017 — Attended a Community Action Board meeting in Kearney June 5, 2017 — Attended an Adams County Planning and Zoning meeting June 6 — 8, 2017 —Attended a mosquito clinics in Lincoln, Burwell and Minden June 13, 2017 —Attended a Hastings Library Board meeting June 20, 2017 —Attended an Adams County Building and Grounds Committee meeting Hogan - (Date not provided) Attended an Adams County Extension Board meeting June 14, 2017 —Attended a Midland Area Agency on Aging Board meeting June 20, 2017 —Attended an Adams County Road and Bridges meeting (Date not provided) Toured roads in the southwest part of the county Curtis- June 8, 2017 — Attended a Governmental Affairs meeting June 13, 2017 —Attended an Ag Society meeting Neumann- June 20, 2017 — Attended an Adams County Road and Bridges meeting June 13, 2017 —Attended an Adams County Budget Committee meeting June 14, 2017 — Attended a Midland Area Agency on Aging Board meeting June 15, 2017 —Attended a John Deere and CAT Motor grader Demo June 8, 2017—Attended a Combined Services meeting Orthmann- June 8, 2017—Attended a Combined Services meeting June 8, 2017 —Attended a Convention and Visitor's Bureau meeting at the Hastings Museum June 13, 2017 —Attended a Heartland Pet Connection Board meeting June 14, 2017 —Attended a Midland Area Agency on Aging Board meeting June 19, 2017 — Attended a Senior Action Board meeting Chairman Orthmann presented Adams County Maintenance Supervisor, Harold Johnson, with a certificate honoring Johnson for sixteen years of service to Adams County. Johnson will be retiring on June 30, 2017. Chairman Orthmann opened the meeting for public comment. No public comments were made. 557IPage Elizabeth Spilinek, Director of the Adams County Historical Society, presented the Board of Supervisors with a funding request in the amount of $12,400.00. Adams County Historical Society 2017 2018 Budget Receipts Budget Memberships 18,200 Book Sales 3,600 Research 500 Adams County Funds 12,400 Copy Sales 600 Mise. Sales 600 Historical News Sponsors 2,000 Donations 6,000 Sales Tax 100 Total Receipts $44,000 Expenses Payroll 13,000 Printing 3,800 Postage and Bulk Mail 1,300 Phone/internet 1,200 Rent 3,100 Repairs/service contracts 1 800 Acquisitions 4,500 Purchase for Resale 3,700 Photos 700 Office Supplies 800 Preservation/Conservation Supplies 3,000 Equipment Fund 2,000 Public Programs 4,000 Sales Tax 100 Miscellaneous 300 Insurance 700 Total Expenses $44,000 No action was taken on Spilinek's request as it will be considered during later budget discussions. Ann Hinton presented the Board with a contract from Black Box Network Services for phone maintenance. Hinton stated that Verizon will no longer service the county's phone equipment due to its age, and Black Box would provide support for the next year while the county possibly investigates upgrading the phone system. Motion by Thomsen, seconded by Curtis to approve the chairman signing the agreement with Black Box Network Services as presented by Hinton. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen 5581 Page BLACK BOX NETWORK SERVICES Site Number: TBD :$. Ar4drs 500W4THST HASTINGS, NE 68901 Term of Service: 1 YEAR Total Annual Price: 3,600.00 Payment Terms ANNUAL SCHEDULE ATTACHMENT Site Name: ADAMS COUNTY COURTHOUSE Services Commencement Date: 6/19/2017 Service Level: REMOTE ONLY SERVICE PLAN UNFY SUPPORTSOLUTIONS Vendor Support Type: NOT AVAILABLE Item Description Ports/ License Per Unit Total Unify HIPath 3800 1. Digital Station Ports SIMO 2, Analog Station PortsSLMA 3. Analog Trunk Ports TMANI 4. TMDlD Ports 3. Tl Trunk Ports DIUT2 TOTAL PORTS 376 $0.75 $282.00 Applications 1. Xpressians Compact 24 $0.75 Slaw monthly: $300.00 Annual Total 3,600,00 Annual Total With Three Year Agreement $ 3,240.00 OTHER TERMS APPLICABLE TO THIS SCHEDULE 1 This Schedule Attachment outlines the support charges for Remote Only Break/Fix support for the Unify system This support is Remote Only and does not Include pans replacement or on site labor which will be blialble to the customer if required. Please refer to the Service Description for more detail. Black Box Network Services Maintenance & Support does not include Moves, Add or Change support. These Instances are billed separatey at contract labor rates. 2 Minimum on site time 2 hours At any time a Black Box technician Is an site and cannot control, this wait time will be billable. alned from moving forward for any reason that they 3 Manufacture support for systems that are End of Life (EOL) Is based on best effort, Parts for EOL systems will be provided if available from Black Box depot or vendor. Unify Technical Assistance is not available for this version of software, Support will be provided best effort by Black Box Network Services 4 Slack Box will not assume any existing equipment problems, therefore Black Box will perform an inspection. This inspection is intended to ensure all components are working per manufacturer specification. specification. Any system performance Issues found during the Inspection must be resolved prior to Black Box Including components under a Service Contract. Black i3ox will perform any work necessary to remedy system Issues at contract Tabor rates. 5 Black Box's obligations to perform under the Maintenance Services Agreement is subject to Black tlox's ability to obtain Level 3/4 support, spam parts, upgrades, software and/or replacements from the vendor or alternative source, As a result, Black Box shall not be liable to customer, nor any third party, for inab'tty to obtain Remote Only 559 1 Page parts or materials necessary to repair the pmduct. 6 In order for Slack Box Network Services to meet the provided Service Level Response Times it is a MUST for the customer to provide the required remote access (varies depending upon product type) so that Black Box has the ability to perform due diligence and/or receive appropriate alarms/notifications if applicable. Remote access from our Solution Center to the customer location/equipment will be completed prior to service commencement. Device for connectivity is the responsibilty of the customer to purchase separately. 7 Manufacturer support is not available 8 Black fox current labor rates a. $115.00 per hour for any technician hours used regular business hours b. $172.00 per hour for any technician hours used outside of regular business hours c. $230.00 per hour for any technician hours used on Sundays and holidays d. Trip charge = Actual Hours traveled Customer initials: *BLACK BOX NETWORK SERVICES ProtecNeto REMOTE ONLY SERVICE PLAN UNIFY HIPATH 3000 SYSTEM SUPPORT SOLUTIONS The Remote Only Plan is designed for customers who have made an investment it their own internal resources and prefer. remote support as needed. This plan gives the customer access to the Customer Solutions Center 24 hours per day, 7 days per week SERVICE FEATURES SUPPORT FROM SINGLE SERVICE PROVIDER DEFINED SERVICE RESPONSE TIME BENEFITS • Onc To1l4Frce 800 # or via CSC.com for all Service Requests * • Remotely Diagnose Problem.*** (Requires 24x7 Access and Modem) • Materials NOT included • Dispatct On -Site as Needed ** • Technical Assistance Center • Escalation to Manufacturer Technical Assistance Center • Response Times NOT included • Coverage Hours tam -Spin, Monday Friday • Service is Available Outside of Coverage Hours at C'ur resat Labor Rates • Black. Box Network. Services Holidays Excluded On -Site Support Available and Billable at )Back Box Network Services' Current Labor Rates (Portal to Portal, 2 Hour Mininrani) • Base and Convenience of a Single Source Solution • Cost Effective Service Option. • Experienced Technical. Expertise • Enhances Customer's Own Internal Support Structure Designed Specifically for Environments with Support Needs during Normal Business Hours To obtain CSC,ccm Web Access, the following information needs to be emailed to csC eeubiac1oox.cozi; to set up c customer profile: Contact Name, phone number, fax nennber. email address, company ratne and site nuns er . "• On -Site labor during coverage hours wilt he billed at c trrent contract later rates. Service outside of coverage hours 0 available of current overtime contract lobo; rates. ' "* Remote Diagnostics requires 24x7 Remote access and modern. Rev. 7121/14 560 1Page Debby Shuck with Senior Action Inc. presented the Board with a funding request in the amount of $8,500.00 for Meals on Wheels and $5,000.00 for RSVP. 4:,,,,,,,,,,, Senior Action Incorporated p d 212 West 3rd Street, Suite C, Hastings, NE 68901 Retired Senior Volunteer Program (402)463-1454 Meals on Wheels: (402)463-5900 Pfister Grandparent: (402)463-1440 April 19, 2017 Eldon Orthmann, Board Chairman Adams County Board of Supervisors P.0, Box 2067 Hastings, NE 68902-2067 BUDGET REQUEST FOR 2017-2018 Senior Action, Inc. is asking to be included hi the Adams County 2017-2018 budget, We are once again requesting $8,500 for Meals on Wheels and $5,000 for the Retired and Senior- Volunteer(RSVP) program. This is same amount as last year. We do not need to increase the amount at this time as Good Samaritan Village did Meals o year. not raise the cost of the food for n Wheels this In 2016 RSVP volunteers donated, many hours of service to various agencies in the including: the Public Library, Hastings Museum, Adams County Senior Services, Adams County YWCA, Hastings Public Schools, Adams County Visitors Bureau, Hastings Food on Wheels. We were also able to add the Heartland Pet Connection and the City of HastingsMeals Parks and Rec. Department as stations in 2016. During the past year, 461 active RSVP volunteers served in 35 local agencies and have given over 55,000 hours of service to the community. The service that these volunteers provide saves the county and the agencies thousands of dollars each year. Meals on Wheels delivered 15,423 meals to the homebound and those unable to cook for themselves in 20.16. MOW has had a dramatic increase In clients this pastuarte individuals` now being served hot nutritious meals 5 days per week. r with 82 Both RSVP and Meals on Wheels provide a very much needed service to our community as110 i; other agencies provide the same services that we do within the city limits of Hastings. If any board member would like to go on a.Meals on Wheels route to see how the program works attend a board meeting, or meet some of the clients, please call the office at 463-500 s, 0. We respectfully request that we receive $8,500 for Meals on Wheels and $5,0Q0 for RSVP. Thankyou for your continued support. .rc Debby Shuck. Executive Director No action was taken on Shuck's request as all funding request will be considered during later budget meetings. Motion by Neumann, seconded by Thomsen to meet as a Board of Equalization to review and take action on tax list corrections and motor vehicle exemptions. Roll Call; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Entered Board of Equalization at 10:01 a.m. (See separate Board of Equalization minutes) Motion by Thomsen, seconded by Stromer to exit Board of Equalization and resume regular session. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen 561 1Page Regular session resumed at 10:06 a.m. Dan Rutt with Revive Ministries provided the Board with a funding request of $10,000.00. BUDGET PROPOSAL FISCAL YEAR 2016 & 2017 LIFE SKILLS BUDGET Juvenile Adjustment Inventory $2,000.00 Instructor salary $17,000.00 TOTAL $19,000.00 2015 UNDUPLICATED CLIENTS AGE # CLIENTS 14-17 626 18-25 109 26-30 44 31-35 41 36-40 28 41.45 26 46-50 35 50+ 52 TOTAL 13 974 By helping 348 adults we affected the lives of 156 children plus the 626 adolescents that we served NOTE: of the 626 age 14-17, 540 were in the schools {AC & Hastings Middle School) DUPLICATED CUENTS PROGRAM ACTUAL 5 months PROPOSED EXPENSES: 2016 2017 2017 Awards & Grants $1,550.00 5850.00 $1,600.00 Business Expense 51,842.13 $442.59 $1,062.00 Contract Services $2,131.25 51,125.00 $1,800.00 Collection Fees $841.78 $226.38 $543,00 Membership dues $573.50 $255.00 $612,00 Unity House #1 expenses $14,197.02 $5,936.42 $14,247.00 Unity house #2 expenses $8,715,93 $4,026.99 59,665.00 Unity House #3 expenses $9,574.75 $4,819.10 $11,566.00 Facilities & Equipment $23,823.79 511,636.28 $27,927.00 Fundraising expense $5,700.40 $3,319.32 $6,500.00 Insurance write off $816.40 $522,66 51,252.00 Operations expense $13,668.77 $7,105.14 517,052.00 Other types of expenses $9,183.79 $7,139.76 515,000.00 Payroll expense $151,603.06 $86,620.88 5175,000.00 Travel & Meetings $6,459.50 $2,342.24 $S,621.00 Unity 1 & 2 drug tests $1,517.88 $1,138.41 $2,732.00 TOTAL ORDINARY EXPENSES $252,199.95 5137,506.17 $292,179.00 INCOME: Direct Public Grants $2,500.00 $2,000.00 $2,000.00 Direct Public Support $1,200.00 $0.00 $0.00 Fundraising income $76,978.12 $26,628.75 569,629.00 Government Contract $15,650.02 $6,368.32 517,400.00 Government Grants $65,132.04 $20,409.54 $26,203.00 Miscellaneous income $3,760.90 $0.00 $0.00 Program Income 577,804.75 557,513.81 $78,000.00 Rental income (unity houses) $58,266.33 525,933.70 562,245.00 TOTAL INCOME 5301,292.16 $138,854.12 5255,477.00 LIFE SKILLS BUDGET Juvenile Adjustment Inventory $2,000.00 Instructor salary $17,000.00 TOTAL $19,000.00 2015 UNDUPLICATED CLIENTS AGE # CLIENTS 14-17 626 18-25 109 26-30 44 31-35 41 36-40 28 41.45 26 46-50 35 50+ 52 TOTAL 13 974 By helping 348 adults we affected the lives of 156 children plus the 626 adolescents that we served NOTE: of the 626 age 14-17, 540 were in the schools {AC & Hastings Middle School) DUPLICATED CUENTS PROGRAM If CLIENTS EVAL 45 IOP 18 OP 2 CONT CARE 15 INDIVIDUAL 33 JIOP 21 Ed Class 43 Co-Occuring 6 Life Skills 820 TOTAL 1003 MONEY LOST $8326.00 of which 51985.00 has been sent to collections. NOTE: JIOP Grant covers 60% of the cost of the program ($2300/youth). The 40% not covered ($920/youth) for 21 youth served is $19,320.00 ADAMS COUNTY 2016 UNDUPLICATED CLIENTS AGE #CLIENTS 14-17 32 18-25 70 26-30 24 31-35 23 36-40 5 41-45 8 46-50 7 50+ 23 unk 2 TOTAL 194 By helping 194 adults we affected the lives of 109 children DUPLICATED CLIENTS PROGRAM #CLIENTS EVAL 42 IOP 24 OP 1 CONT CARE 22 INDIVIDUAL 44 110P 21 Ed Class 31 Co-Occuring o Life Skills 97 TOTAL 282 MONEY LOST $6799,31 of which 53247.86 has been sent to collections NOTE: JIOP Grant covers 60% of the cost of the program ($2300/youth). The 40% not covered ($920/youth) for 21 youth served is $19,320.00 562 I Page No action was taken on Rutt's request as it will be considered during later budget meetings. Adams County Highway Superintendent, Dawn Miller, presented the Board with a recommendation for the proposed motor grader purchase. A decision on the motor grader was delayed to provide the roads department an opportunity to test drive various equipment. Miller stated that after the test drives that the recommendation of the roads committee is to purchase the 2017 Caterpillar 12M3 through Nebraska Machinery in the amount of $206,425.00. Motorgrader Bid Tab Sheet Opening on June 1, 2017 at 9:00 a.m. /81 '►15. 4 .2o5.43 Motion by Neumann, seconded by Hogan to approve the purchase of the 2017 Caterpillar 12M3 through Nebraska Machinery as requested by Miller. Roll Cali; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Adams County Insurance Committee Chairman, Chip Volcek, presented the Board with proposed health insurance premiums for employee health insurance. Volcek stated the rates reflect a 7.5% increase over the previous year. Motion by Neumann, seconded by Hogan to approve the employee health insurance premiums as presented by Volcek. Roll Call; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen 563 I Page Nebraska Machinery SsTl/ 1.4a Murphy PAZ: i Make/Model/Year „2fliZ etlaims 4m3 .10t7 GdottaV /411'43 0gof .3 77 P Base Weight �1"e� e 37,+iop' 737,,1.ap 35 1°d 'M`'3ta I4o' 14 As 341,363 Sputa e Net Horse Power rrs-asaz lig-.231' r,?tto --.15.7 5a --�Sg Base Bid Amount @ 51-4.5o0 ...27..F4,coo ,2.2S.1S0 Warranty- 5 yr/5000 hr (add) 1 L B.IS 1 t, AIS +' /Std Trade Value (less) - 1121-1,5a0 _ 104Sm - 140. co() Option - Grade Control (add)it 7,L000 7 /,tom i,.cl tzl Option - Guarantee Repurchase J( AA1,) j AGAGNoy d $ „2a,,z /5 3.u7,g2.5 4 1414.300 Delivery L:rtiii. ,1., 3.0)7 bc- 1, .011 la —Its l.lerle.5 ab hti.-rcv t ttoX,'`^: specs ar..W4s1 4" 3Z'iCo iles_ 6 esa/1xpoLek f Cs W.17cno s .5."6.1" Sc.vt7c C,-cr. /81 '►15. 4 .2o5.43 Motion by Neumann, seconded by Hogan to approve the purchase of the 2017 Caterpillar 12M3 through Nebraska Machinery as requested by Miller. Roll Cali; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Adams County Insurance Committee Chairman, Chip Volcek, presented the Board with proposed health insurance premiums for employee health insurance. Volcek stated the rates reflect a 7.5% increase over the previous year. Motion by Neumann, seconded by Hogan to approve the employee health insurance premiums as presented by Volcek. Roll Call; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen 563 I Page 500 W. 46 Street (402) 461-7104 Hastings, Nebraska 68901./ ,j %` � '+��., Fax: (402) 461-7185 June 20, 2017 To: Adams County Supervisors From: Budget Committee -Chuck Neumann. Scott Thomsen Glen Larsen Assisted by- Dawn Miller Judy Mignery Ron Kucera Ramona Thomas Chip Volcek 2016-17 Insurance Premium Rates: Employee only Employee plus spouse/child(ren) Employee and family 2017-18 Proposed Insu nee Pr Employee only Employee plus spouse/child(ren) Employee and family %1Eke Strnmer Supervisor District 1 fl titin s. NE. Glen Larsen Supervisor District 2 Nastines, NI': County share Employee share Total premium $ 805.42 $1,607.44 $1,830.65 ium Rates $ 0,00 $ 805.42 $ 240.61 $1,848.05 $ 307.57 $2,138.22 County share Employee share Total premium $ 865.83 $1728.00 $1,967.95 Lee Hogan Supervisor District 3 Hastings. N}. $ 0.00 $ 865.83 $ 258.65 $1,986.65 $ 330.64 $2,298.59 Scott Thomsen Supervisor District 4 flatilintis. Ni Dale Curtis Supervisor District 5 1lastines, NE Chuck Neumann Supervisor District 6 1lastinas. t Eldon Orthmann Supervisor District 7 Ilastines, NE Supervisor Hogan made a motion to reconsider the topic of a wage step plan for full time Adams County Employees. An attempt to pass the plan failed during the June 6, 2017 meeting. Hogan's motion to reconsider the plan was seconded by Stromer. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Hogan stated that he felt there were too many unanswered questions to the step plan and would like more communication on how the plan would operate. Extensive discussion occurred between Board members. Adams County Assistant Maintenance Supervisor, Tom Reichert, expressed concerns on the cost of living increases not being clearly defined. Motion by Stromer, seconded by Thomsen to approve the proposed wage step plan for full time Adams County Employees. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Orthmann. Nays: Neumann Absent: Larsen Abstained: Hogan Adams County Budget Preparers, Dawn Miller and Judy Mignery, requested the Board consider approving a 1% budget override to allow the county to increase the budget a total of 3.5% over the previous year's budget. 564 'Page Motion by Thomsen, seconded Stromer to approve a 1% budget override for the 2017/2018 budget. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Miller presented the Board with 2017 Armor Coat bids. Miller recommended approving all bids received. ADAMS COUNTY ARMOR COAT 2017 BID LETTING JUNE 15 @ 2:30 pm POSSIBLE BID AWARD JUNE 20, 2017 with Board of Supervisors yin v, e f (.3.• 0?6, e)oo 00 ovo 00 Motion by Hogan, seconded by Neumann to approve all armor coat bids as presented by Miller. Roll Call; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Miller presented the Board with a payoff quote from CAT Financial for the purchase of a Caterpillar 289D Skidloader from a lease. Miller requested approval of the buyout in the amount of $58,096.74. Motion by Hogan, seconded by Neumann to approve the purchase for the Cat 289D skid laoder off the lease agreement. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Supervisor Thomsen presented the Board with an update lease agreement with Foote Realty for the space occupied by the Adams County Extension Office. Thomsen and Deputy Attorney Bergin have reviewed the lease and recommend approval. COMMERCIAL LEASE THIS AGREEMENT OF LEASE is made this 6th day ofJune, 2017, between FOOTE REALTY CO., a Nebraska corporation, with offices at 3203 Osborne Drive West, hereinafter referred to as "Landlord" and ADAMS COUNTY, a political subdivision of the State of Nebraska, with offices at the Adams County Courthouse, Hastings, Nebraska, hereinafter referred to as 'Tenant". The commercial property is being leased to serve as an office for the tJNL Extension Service. WITNESSETH: 1. Demised Premises: Landlord leases to Tenant and Tenant leases from Landlord those certain premises, hereinafter referred to as the "Premises", as part of now or hereafter to be erected on the Premises, Hastings, Nebraska, which premises are more particularly described in Exhibit "A" attached hereto and by square fcet of gross leaseable area. 565 1 Page Figgins Construction Sta-Bilt Construction TopKote Inc. M-2017 - Project 1 - Juniata Area On Prosser Ave - start @ Prosser Village, continue south approx 5.25 miles to 12th St curve, then east on 12th St. approx 6.5 miles to Hastings City limits. Total @ approx 11.75 miles - Bid @ $ l 59 5-01.'70 $ 1 q 2,.1,(40 • a.9 1\:10 Sid - M-2017 - Project 2 - East Hastings Area On 'JSt. starting east of Showboat Blvd., continue east 4 miles to Clay County line, and on Maxon Ave from 'J" St. north 1 miles to Hwy 6. Total @ approx 5 miles - Bid ($ 54, 040 • 00 Kil 131.41 s Ky 0 6 ii0C Project 1 & 2 - Total Bid 1(18, 7+1 .10 $ .2-13) Cici V. W $ --- °- yin v, e f (.3.• 0?6, e)oo 00 ovo 00 Motion by Hogan, seconded by Neumann to approve all armor coat bids as presented by Miller. Roll Call; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Miller presented the Board with a payoff quote from CAT Financial for the purchase of a Caterpillar 289D Skidloader from a lease. Miller requested approval of the buyout in the amount of $58,096.74. Motion by Hogan, seconded by Neumann to approve the purchase for the Cat 289D skid laoder off the lease agreement. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Supervisor Thomsen presented the Board with an update lease agreement with Foote Realty for the space occupied by the Adams County Extension Office. Thomsen and Deputy Attorney Bergin have reviewed the lease and recommend approval. COMMERCIAL LEASE THIS AGREEMENT OF LEASE is made this 6th day ofJune, 2017, between FOOTE REALTY CO., a Nebraska corporation, with offices at 3203 Osborne Drive West, hereinafter referred to as "Landlord" and ADAMS COUNTY, a political subdivision of the State of Nebraska, with offices at the Adams County Courthouse, Hastings, Nebraska, hereinafter referred to as 'Tenant". The commercial property is being leased to serve as an office for the tJNL Extension Service. WITNESSETH: 1. Demised Premises: Landlord leases to Tenant and Tenant leases from Landlord those certain premises, hereinafter referred to as the "Premises", as part of now or hereafter to be erected on the Premises, Hastings, Nebraska, which premises are more particularly described in Exhibit "A" attached hereto and by square fcet of gross leaseable area. 565 1 Page 2. Use: Tenant shall use the Premises for a business office at 509 - 515 W. 3rd Street, Hastings, Nebraska, _and shall not use or permit it to be used for any other purpose without the prior written consent of Landlord. Tenant shall not allow any waste or nuisance on the Premises or use or allow the Premises to be used for any unlawful purpose or to be used for any immoral purpose as determined by Landlord in its own discretion. If, in the Landlord's opinion, the premises or any part thereof are not being used in the usual and legitimate manner in the conduct of such business, the Landlord may give the Tenant written notice requiring the Tenant to terminate the improper use within two days thereafter. A failure to comply with such request shall constitute a breach of this lease, which will entitle the Landlord to immediate possession of the premises hereby leased (in addition to all other remedies given to the Landlord for the breach of any condition or covenant of this lease). Tenant shall not conduct "quitting business", "lost our lease", "bankruptcy" or other sales of that nature on the Premises without the written consent of Landlord. 3. Term and Base Rental: The term of this lease shall be one year from the 18` day ofJune, 2017 at a term rental of $1,825.00, payable monthly in advance at the office of Landlord, as follows: Monthly Rental Payment: $1,825.00 Option to Rerent: Tenant shall have the right to rerent the Premises for an additional one year term for a base rental of $1 825,00, payable monthly in advance, as follows: Monthly RertalPa ent: $ 825.00 Year: June 1, 2018 566 IPage Except for the base rental, such rerental shall be under the same terms and conditions as contained herein unless otherwise provided in Exhibit "B" attached hereto and by this reference made a part hereof. Tenant may only exercise this option if Tenant is not in default under the terms of this lease and gives Landlord written notice of its exercise of this option not less than sixty (60) days prior to the termination date of the initial term of this lease. 4. Security Deposit: Tenant shall deposit with Landlord the sum of $0 as a security deposit under this lease. Such deposit shall be held by Landlord without liability for interest and security for the faithful performance by Tenant of all of the terms of this lease. The security deposit shall not be mortgaged, assigned, transferred or encumbered by Tenant without the written consent ofLandlord. If any of the rents herein reserved or any other sum payable by Tenant to Landlord shall be overdue and unpaid or should Landlord make payments on behalf of the Tenant, or Tenant shall fail to perform any of the terms of this lease, then Landlord may, at its option and without prejudice to any other remedy which Landlord may have on account thereof, apply said entire deposit or so much thereof as may be necessary to compensate Landlord due to such breach on the part of Tenant; and Tenant shall forthwith upon demand restore said security to the original sum deposited. Should Tenant comply with all terms of this lease, such deposit shall be returned in full to Tenant at the end of the term. 5, Additional Tenant Covenants: The Tenant agrees: a) TO PAY RENT. Tenant will timely pay, without demand, the rent at the times and in the manner aforesaid, except only in case of fire, eminent domain or other unavoidable casualty as hereinafter provided. b) TO PAY SPECIFIC UTILITIES. Tenant shall promptly pay all gas and electric utility charges or fees which may become payable during the term of this lease for electric or gas service to the Premises. Tenant shall procure and maintain such electric and gas services in Tenant's name and shall be solely liable for the payment thereof to the provider. TO PAY PERSONAL PROPERTY TAXES. Tenant shall timely pay all personal property taxes which shall be assessed and levied upon the Tenant's furniture, fixtures, inventory, leasehold improvements and any other personal property which is now or hereafter placed in the Premises. d) TO KEEP IN REPAIR AND REPLACE GLASS BROKEN. 2 i. Tenant shall repair and replace glass broken due to Tenant's negligence or misconduct or due to Tenant's patron's negligence or misconduct. ii. By entry hereunder, Tenant shall be deemed to have accepted the Premises as being in good and substantial order and repair, 567 1Page e) iii. Tenant shall, at Tenant's expense, keep the Premises and all windows, doors and glass in good and substantial order and repair and shall timely perform reasonable inspection and preventative maintenance on all plumbing, heating and electrical equipment situated in the Premises. It is not the intention of the parties hereto that the foregoing repairs and maintenances shall be made by Tenant when such repairs and maintenance are occasioned by fire, windstorm or other casualty expressly covered under Landlord's fire and extended coverage insurance policies in effect on the commencement date of this lease, or any replacement policies. iv. Tenant shall, upon expiration or sooner termination of this lease, surrender the Premises to Landlord in good and substantial repair and condition, broom clean, subject to ordinary wear and tear. v. If Landlord maintains or repairs upon Tenant's refusal or neglect to maintain or make repairs as required, or if Landlord is required to make exterior maintenance or repairs due to acts of negligence or omissions by Tenant, its agents, employees or invitees, Tenant shall pay Landlord for such work promptly upon receipt of a bill therefore. TO ACCEPT PREMISES IN ITS PRESENT CONDITION. By entry hereunder, Tenant shall be deemed to have accepted the Premises as being in good and substantial order and repair. TO MAINTAIN THE PREMISES. Tenant shall, at Tenant's expense, keep the Premises, supplemental storage area (if any), and all windows, doors and glass in good and substantial order and repair and shall timely perform reasonable inspection and preventive maintenance on all plumbing, heating and electrical equipment situated in the Premises. ALTERATIONS AND ADDITIONS: Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord. Any alterations, additions and improvements made by Tenant to the Premises prior to or after commencement of the leases term, other than movable furniture and trade fixtures, shall upon the expirations or earlier termination of this lease become the property of Landlord, provided that upon written notice by Landlord, given to Tenant at least thirty (30) days prior to the end of the term, all or any part of said alterations, additions and improvements shall be removed by Tenant at 3 Tenant's expense and with all due diligence, and Tenant shall repair at Tenant's expense and with all due diligence any damage to the Premises caused by such removal. h) SIGNS. Tenants shalt not cause or suffer any holes to be made or drilled in the outside stone or brick work of the Premises or cause any business sign, advertising sign or device to be placed upon the building or upon the front display windows without the proper written consent of Landlord. Tenant shall remove signs, displays, advertisements or decorations Tenant has placed on the Premises that, in the opinion of Landlord, are offensive or otherwise objectionable. If Tenant fails to remove such signs, displays, advertisements or decorations within ten (10) days after written notice from Landlord to remove same, Landlord reserves the right to enter the premises and remove same at Tenant's expense. 568 1 Page j) ASSIGNMENT OR SUBLETTING. Tenant will not assign, sublet or part with possession of the whole or any part of the Premises without the prior written consent of Landlord. A consent by Landlord shall not bc a consent to a subsequent assignment, sublease or occupation by any other person. Notwithstanding Landlord's consent, Tenant shall remain primarily liable to Landlord for all performance under this Lease. TENANT PARKING. Tenant, its agents and employees shall not utilize the public on -street parking serving St. Joseph Square but shall utilize municipal or other off-street parking facilities from 7:00 a.m. to 7:30 p.m. daily. k) STORAGE AREAS. If Landlord provides a supplemental storage or warehouse area for tenants in St. Joseph Square, Tenant shall keep such area clean, organized and free of refuse and rubbish on a daily basis, Tenant shall be solely responsible for placing, storing and securing any personal property in such area and shall be solely liable for any damage or injury to any person or property arising out of or related to Tenant's occupancy or use of such supplemental storage area. 1) USE OF ALLEY, Tenant shall use the alley adjacent to St. Joseph Square for loading and unloading purposes °tidy, and Tenant shall use due diligence so as to cause minimal obstruction of the alley by vehicles, merchandise or other personal property. GENERAL CONDITION OF THE PREMISES. Tenant shall maintain the Premises and any supplemental storage area in a clean, safe and commercially habitable condition, free and clear (Wall trash and rubbish. Tenant shall, at Tenant's cost, dispose of its own trash and rubbish in a timely and commercially reasonable manner. 4 n) INSURANCE. Tenant shall maintain at Tenant's expense at all times during the term of his Lease the following insurance: Fire and extended coverage insurance in an amount adequate to cover the cost of replacement of all of its fixtures, inventory, leasehold improvements and/or equipment in the Premises in the event of loss. ii. Public liability insurance for bodily injury in an amount of not less than $1,000,000 per person and $1,000,000 per occurrence, and for property damage of not less than $100,000 per occurrence. The limits herein set forth shall ir no way be held to limit Tenant's liability under subparagraph (o) hereto. Such liability insurance shall name Landlord as an additional insured and shall contain endorsements that such insurance may not be canceled or amended without thirty (30) days written notice by certified mail to Landlord. Tenant shall deliver certificates of insurance to Landlord. 569 1Page iii. Plate glass insurance covering all plate glass repair or replacement made necessary from any cause other than fire, windstorm and other causes covered under Landlord's fire and extended coverage insurance policies in effect on the commencement date of this Lease, or any replacement policies. Tenant shall not use the Premises in any manner which may increase risks covered by insurance on the Premises and result in an increase in the rate of insurance of cancellation of any insurance policy, even if such use may be in furtherance of Tenant's business purposes. Tenant shall not keep, use or sell anything prohibited by any fire insurance covering the Premises, and shall comply with all requirements of the insurers applicable to the Premises necessary to keep in force the fire and liability insurance. HOLD HARMLESS. Tenant shall indemnify and hold harmless Landlord against and from any and all claims, actions, litigation or other proceedings arising from or related to Tenant's use of the Premises or from the conduct of its business or from any activity, work or other things done, permitted or suffered by the Tenant in or about the Premises, including all costs, attorney fees and liabilities incurred in Landlord's defense of any such claim, litigation, action or proceeding brought against Landlord. Tenant, upon notice from Landlord, shall defend same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby 5 waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accident in the Premises. p) VACATION OF PREMISES. If Tenant shall not promptly remove all its property from the Premises whenever Landlord shall become entitled to possession thereof, Landlord may, without notice, remove the same in any manner that Landlord may choose, and Tenant shall pay Landlord, on demand, any and all expenses incurred in such removal and storage thereof. ENTRY BY LANDLORD. Landlord, his agents or representatives, shall have the right to enter the Premises at all reasonable times, to examine or exhibit the same, or to make such repairs, additions or alterations that Landlord may see fit to make for the safety, improvement or preservations thereof, or of the building of which the Premises are a part, or for any other reasonable purpose. Within sixty (60) days prior to the termination date of this Lease, Landlord may post a "for rent" sign on the Premises if Tenant has no option to rerent the Premises or has not theretofore exercised any option. to rerent provided herein. 6. Landlord Covenants: Landlord agrees: a) Tenant, upon paying the rent and performing all of the terms on its part to be performed, shall peaceably and quietly enjoy the Premises. 570 IPage b) SEWER AND WATER. Landlord shall provide at no cost to Tenant sewer and water service for the reasonable business and personal use of Tenant, its employees, agents and invitees. SNOW REMOVAL Landlord will remove snow from the sidewalk adjacent to St. Joseph Square in a commercially reasonable time after a snowfall. d) LANDLORD'S INSURANCE. Landlord shall maintain at Landlord's expense, fire and extended coverage insurance on buildings and improvements comprising St. Joseph Square in an amount adequate to cover the cost of replacement in the event of loss, provided that nothing in this paragraph or this lease shall require Landlord to insure Tenant's fixtures, inventories, leasehold improvements, equipment or any part of Tenant's work. Such insurance shall include replacement of all plate glass made necessary because of fire and extended coverage policy or policies in effect on the commencement date of this Lease. TENANT SHALL BE RESPONSIBLE FOR TI -JE COST OF REPLACEMENT FOR ALL GLASS BREAKAGE EXCLUDED FROM LANDLORD'S POLICY, including, but not limited to, breakage by vandalism and intentional act. 6 e) REPAIR AND MAINTENANCE. Landlord shall, at Landlord's expense, keep the exterior walls and roof of St. Joseph Square in good and substantial order and repair, Landlord shall not be liable for any failure to make its repairs or to pertortn its maintenance unless such failure shall persist for an unreasonable time after written notice from Tenant of the need for such repairs or maintenance. 7. Destruction. if the Premises shall be partially damaged by any casualty insurable under Landlord's insurance policy, Landlord shall, upon receipt of the insurance proceeds, repair the same to the extent of the insurance proceeds. The Rent owing hereunder shall be abated proportionately as to that portion of the Premises rendered un -tenantable during the period of repair. If the Premises (a) by reason of such occurrence is rendered wholly un - tenantable, (b) should be damaged as a result of a risk which is not covered by Landlord's insurance, (e) should be damaged in whole or in part during the last year of the term, or (d) if the building comprising St. Joseph Square is damaged, whether or not the Premises are damaged, to such an extent that St. Joseph Square cannot in the sole judgment of Landlord be operated as an integral unit, then or in any of such events, Landlord may either elect to repair the damage or may cancel this Lease by notice of cancellation within ninety (90) days after such event and thereupon this Lease shall expire, and Tenant shall vacate and surrender the premises to Landlord. Upon termination as aforesaid, Landlord and Tenant shall have no further obligation or liability under this Lease except for such liability which occurred prior to such termination. In the event Landlord elects to repair the damage insurable under Landlord's policies, any abatement of rent shall end after notice by Landlord to Tenant that the Premises have been repaired. If the damage is caused by the negligence of Tenant or its employees, agents or invitees, there shall be no abatement of rent. Unless this Lease is terminated by Landlord as hereinabove provided, Tenant shall re-equip, restock and refixture the interior of the Premises in a manner and to at least a condition equal to that existing prior to its destruction or casualty. 8. Condemnation: If all or any part of St. Joseph Square shall be taken or appropriated by an public or quasi -public authority under the power of eminent domain, Landlord shall, within sixty (60) days of such taking, have the right at its sole option to terminate this Lease upon written notice to Tenant. If Landlord does not elect to terminate this Lease as aforesaid, this Lease shall continue and the rental far the remainder of the lease term shall be reduced by the amount that the usefulness of the Premises has been reduce for the business purposes of Tenant. 7 5711 Page In the event of any taking or appropriation of St. Joseph Square, Landlord shall be entitled to any and all awards and/or settlements which may be given, and Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. Notwithstanding the foregoing, Tenant shall have the right to claim from the condemner any damages as may be payable for its fixtures, personal property or relocation. 9. Default: If Tenant shall make default in payment of the rents reserved hereunder for a period of ten (10) days after any of the same shall become due and payable, or if default should be made by Tenant in any of the other covenants and agreements herein contained to be kept and fulfilled by Tenant for a period of thirty (30) days after written notice of such default is given by Landlord without action by Tenant to remedy such default and continuance of such action to remedy such default to conclusion with reasonable diligence, or if Tenant shall file a voluntary petition in bankruptcy or take the benefit of insolvency act or be dissolved or adjudicated as bankrupt, or if a receiver shall be appointed for its business or its assets, or if Tenant shall make an assignment for the benefit of its creditors, or if the Tenant's interest in this Lease shall be sold under execution, Landlord shall have the right, at its option and without prejudice to its rights hereunder, to exercise one or more of the following: a) To re-enter and take possession of the leased Premises without further notice or demand on Tenant; b) To recover possession of the Premises and thereafter re-enter same in any manner provided by law; c) After re-entry, Landlord may terminate this Lease on giving three (3) days written notice of termination to Tenant. Without such notice, re-entry will not terminate this Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from Tenant's breach, including, but not limited to, the cost of recovering the Premises, the cost of repairing and reletting the Premises and immediate payment of all the remaining installments of rent herein provided, less the fair rental value of the Premises for the residue of the lease term, which amounts shall be immediately due and payable by Tenant. d) After re-entry, Landlord may rerent the Premises or any part thereof for any term without terminating the Lease, at such rent and on such terms as Landlord may choose. Landlord may make alterations and repairs to the Premises. The duties and liabilities of the parties if the Premises are rerented as provided herein shall be as follows: i. In addition to Tenant's liability to Landlord for breach of the Lease, Tenant shall be liable for all expense of the rerenting, for the alteration and repairs made, and for the differenoe 572 1 Page between the rent received by Landlord under the new lease agreement and the rent installments that are due for the same period under this Lease. Landlord, at Landlord's option, shall have the right to apply the rental received from rerenting the Premises to reduce Tenant's non -rental indebtedness to Landlord under this Lease, or to expenses of the rcrenting and all alternations and repairs made, or to rent due under this Lease, or to payment of rfuture rent under this Lease as same becomes due. c) Declare immediately due and payable all the remaining installments of rent herein provided for the residue of the term, which amount shall be construed as liquidated damages and shall constitute a debt provable in bankruptcy or receivership. f) All rent and other sums due from Tenant under this Lease, not paid when due, shall bear interest at the rate of 14.00 percent per annum from the date the same is due until paid. 10. General Provisions: a) NO WAIVER. Failure of Landlord to insist upon the strict performance of any provision shall not be construed as a waiver for the future of any provision. The receipt by Landlord of rent with knowledge of the breach of any provision of this lease shall not be deemed a waiver of such breach. No provision of this lease shall be deemed to have been waived unless such waiver is in writing signed by Landlord. b) MARGINAL HEADINGS. The marginal headings and article titles of this lease arc not a part of the lease and shall have to effect upon the construction or interpretation. of any part hereof. TIME. Time is of the essence of this lease and each and all provisions in which performance is a factor. d) RECORDING. Neither Landlord nor Tenant shall record this lease, but a short form memorandum hereof may be recorded by the Landlord. e) HOLDOVER. Any holding over after the expiration of this term or any renewal term shall be construed to be a tenancy from month-to-month at the rents being paid during the last month herein specified (prorated on a monthly basis) and shall otherwise be on the terms herein specified so far as applicable. PARTIAL INVALIDITY. If any provision of this lease or application thereof to any person or circumstance shall to any extent be invalid, the 9 573 1 Page g) remainder of this lease or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected by and each provision of this lease shall be valid and enforced to the fullest extent permitted by law. BINDING EFFECT. This lease shall inure to the benefit of and be binding upon the parties hereto, their heirs, personal representatives, successors and assigns. Each provision to be performed by Tenant shall be construed to be both a covenant and a condition, and if there shall be more than one (1) tenant, they shall all be bound jointly and severally by these provisions. h) ENTIRE AGREEMENT. This lease and all exhibits thereto, if any, set forth the entire agreement between the parties. Any prior conversations or writings are merged herein and extinguished. No subsequent amendments to this lease shall be binding upon Landlord or Tenant unless reduced in writing and signed. i) j) CHOICE OF LAW. This lease shall be governed by the laws of the State of Nebraska. PLACE OF PAYMENT. All payments required to be paid by Tenant shall be delivered to the Landlord at the address designated in writing by Landlord without prior demand for the same, and without deduction or offset. k) NOTICES. Any notice, demand, request or other instruments which may be or are required to be given under this lease shall be delivered in person or sent by United States certified mail, postage prepaid, and shall be addressed: i) To Landlord, at the address as hereinabove given, or as otherwise designated in writing by Landlord; and ii) To Tenant, at the Premises. 1) SUBORDINATION/ATTORNMENT. Upon request of Landlord, Tenant shall, in writing, subordinate it's rights hereunder to the lien of any mortgage or deed of trust, to any bank, insurance company or other lending institution in force against the Premises at any time during term of this Lease. This includes all advances made upon the security thereof during the tarn of this Lease. In the event any proceedings are brought for foreclosure or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the Premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this lease. The provisions of this article to the contrary notwithstanding, and so long as Tenant is not in default 10 574 1Page hereunder, this lease shall remain in full force and effect for the full term hereof. m) TENANT'S STATEMENT. Tenant shall at any time and from time to time, upon not less than three (3) days prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (a) certifying that this lease in unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this lease as so modified is in full force and effect), and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of the Landlord hereunder, or specifying such defaults if any are claimed, and (c) setting forth the date of commencement of rents and expiration of the term hereof. Any such statement may be relied upon by the prospective purchaser or encumbrancer of all or any portion of the real property of which the Premises are a part. n) SALE OF PREMISES BY LANDLORD. In the event of any sale of the Premises by Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligation contained in or derived from this lease arising out of any act, occurrence or omission occurring after the conannmation of such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without further agreement between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this lease. o) CONFIDENTIALITY. The parties hereto agree to keep the terms of this lease in confidence and to not disclose thc lease terms to anyone except the parties' bankers, attorneys, accountants or other agents who would need to know the contents hereof. However, these agents shall also not disclose any of the lease terms to an outside party. p) NO PARTNERSHIP, JOINT VENTURE OR PRINCIPAL/AGENT RELATIONSHIP CREATED. Nothing in this agreement shall be interpreted as creating a partnership, joint venture or relationship of principal and agent between the parties. 11 575 'Page Signed the date and year first above written. BY: BY: STATE OF NEBRASKA ) ) COUNT OF ADAMS) FOOTE REALTY CO., a Nebraska Corporation, "Landlord" ADAMS COUNTYIUNL EXENSION SERVICE OFFICE, "Tenant" Title SS: On this ktrday of 3jiyuk_ , 2017, before me, the undersigned, a Notary Public, duly commissioned and qualified for and residing in said county, came Robert F. Foote, President of FOOTE REALTY CO., a Nebraska corporation, known to me to be said officer and identical person who signed the foregoing Commercial, and acknowledged the execution thereof to be his voluntary act and deed as such officer and the voluntary act and deed of said corporation and that its corporate seal was thereto affixed by its authority. written. WITNESS my hand and Notarial Seal the day and year last above GENERAL NOTARY - State of Nebraska MICHAEL- A BORRELL My Comm. Exp. May 0, 2020 Notary Public STATE OF NEBRASKA ) COUNTY OF ss: On this day of , 2017, before me, the undersigned, a Notary Public, duly corrunissioned and qualified for and residing in said county, personally came , An Authorized Representative of Adams County/UNL Extension Service Office, to me known to be the identical persons whose names are affixed to the foregoing Commercial Lease as "Tenant" and acknowledged the same to be their voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. Notary Public Motion by Thomsen, seconded by Stromer to approve the chairman signing the lease agreement with Foote Realty. Roll Call; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen 576 'Page Supervisor Thomsen presented the Board with an agreement with the City of Hastings for use of space in the County owned building at 601 S. Rhode Island. In exchange for the city storing a vehicle there, the city will take care of the installation of an underground sprinkler system and maintain the lawn. LEASE AGR.EEMENT THIS AGREEMENT made and entered into this 1:2' day of .fur` a , 2017, by and between Adams County, Nebraska, a political subdivision of the State of Nebraska, hereinafter referred to as "County", and the City of Hastings, Nebraska, a Nebraska municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, County is the owner of certain property (the Property) located at 601 South Rhode Island Avenue, within the corporate boundaries of the City, legally described as: Lots One (1), Two (2), Nineteen (19), and Twenty (20), Block Three (3), Steven's Subdivision in the City of Hastings, Adams County, Nebraska, according to the recorded plat thereof and the vacated alley abutting said lots; and WHEREAS, City is interested in leasing the above real property from County for the purpose of storing the boom truck used by the City's Parks and Recreation Department and two hazardous material trailers (a 28 -foot and an l8 -foot enclosed box cargo trailer) used by Hastings Fire and Rescue in the building located on said property; and NOW, 'THEREFORE, in consideration of the foregoing recitals and the terms and conditions hereinafter set forth the parties hereto agree as follows: 1. County agrees to lease to City and City agrees to rent from County the Property located at 601 South Rhode Island Avenue, located in Hastings Nebraska, as legally described above. 2. The term of this Lease Agreement shall be for a period of one (1) year commencing on the 1st day of June, 2017, and ending the 31 day of May, 2018. This Lease Agreement shall automatically renew itself for additional periods of one (1) year under the same terns and conditions unless either party gives the other party written notice of their intention to terminate the lease at least three (3) months prior to the expiration of the original term of this Lease Agreement or any extension thereof. 3. County's responsibilities pursuant to this Lease Agreement include: A. Grading the Property so that an irrigation system can be installed; B. Paying for the cost of seed, fertilizer and other chemicals as needed after the installation of the irrigation system; C. Paying for the cost of materials necessary for the installation and operation of the irrigation system; and D. Paying for all utility costs associated with the operation of the irrigation system during the original term or any extension of this Lease Agreement 4. City's responsibility pursuant to this Lease Agreement include: A. Providing the labor to install the irrigation system on the Property; B. Providing the labor to seed and apply fertilizer andother chemicals as needed for the property after the installation of the irrigation system; and C. Mowing the Property as needed. 5. In consideration of City providing its responsibilities as set forth in Paragraph 4, the City shall pay no rent to County for City's use of the Property for the storage of its boom truck. 6. City, as the owner of the boom truck and hazardous material trailers stored on the Property owned by County, hereby waives any liability upon the part of County for any damage to the boom truck while stored in the building located on the Property. In addition, City shall hold County harmless for any damage caused by the boom truck to the building in which it is stored, and for any damage to any other property owned by County that is caused by the boom truck on the Property. 7. This Lease Agreement may not be assigned by either party hereto without the express written consent of the other party. IN WITNESS WHEREOF the parties hereto have executed the foregoing Lease Agreement in duplicate the day and year first above written. ADAMS COUNTY, NEBRASKA, a political subdivision of the State of Nebraska, By Title: CITY OF HASTINGS, NEBRASKA, a municipal corporation of the State of Nebraska 577 1 Page Motion by Thomsen, seconded by Stromer to approve the lease agreement with the City of Hastings for storage space in the Rhode Island building. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen ASAAP director, Stefanie Creech -Will, presented the Board with a funding request in the amount of $10,000.00. No action was taken on Creech -Will's request as it will be considered during later budget discussions. Motion by Curtis, seconded by Neumann to approve the claims and direct the county clerk to pay them out of their respective accounts. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Motion by Thomsen, seconded by Stromer to approve the list of miscellaneous collections submitted by the Adams County Treasurer. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Motion by Curtis, seconded by Stromer to approve the officer report submitted by the Adams County Sheriff. Roll Call; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen General Visa-Misc 2725.14 Hastings Tribune -Advertising 734.00 Escrow-Misc Contracts 978989.92 Lynn Folcik-Mental Health 332.50 Beverly Patitz-Mental Health 351.50 RuAnn Root -Mental Health 256.50 Amy Skalka-Mental Health 456.00 Michelle Smith -Mental Health 237.50 Derek Terwey-Mental Health 133.00 Eagle Building -Services 5500.00 Guarantee Electric -Services 816.13 Telephone Systems -Telephone 326.18 Verizon -Telephone 875.79 Adams County Clerk -Postage 956.67 Black Hills Energy -Services 623.01 Charter Communications -Services 94.99 Hastings Utilities -Service 373.26 Southern Power -Services 317.00 Adams County Hwy Dept-Reim/Exp 2881.66 Health and Human Services -Contract 717.00 Heritage Bank -Payroll 609787.79 Mid- American Benefits 125 plan 5754.00 Madison Life -Insurance 1349.73 Wellness Partners -Contract 1358.50 Visitors Promotion City of Hastings -Telephone Services 2.03 Hastings Utilities -Services 179.51 Visa -Internet 10.00 Payroll 5741.99 Mid -American Benefits -125 Plan 42.00 Madison Life -Insurance 36.88 Wellness Partners -Contract 19.00 Health Fund Mid -American Benefits -125 Plan 1120.00 Escrow Contech Engineered Solutions -Contract 18882.91 Eakes Office Solutions -Printer 389.96 G4S Secure Solutions -Contract 3152.40 Eldon Orthmann Board Chairman Ramona R. Thomas County Clerk Pamela J. Witte Deputy Clerk 5781 Page Adams County Board of Supervisors Board of Equalization Minutes Courthouse, Adams County, Tuesday June 6, 2017 The Adams County Board of Equalization met on May 16, 2017 at 10:00 a.m. in the Adams County Board Room to review and take action on tax list corrections. Chairman Eldon Orthmann presided over the meeting. Roll Call members present were: Michael Stromer —District 1, Lee Hogan- District 3, Scott Thomsen — District 4, Dale Curtis- District 5, Chuck Neumann — District 6, Eldon Orthmann — District 7 Absent: Glen Larsen — District 2 Motion by Neumann, seconded by Thomsen to meet as a Board of Equalization to review and take action on tax list corrections and motor vehicle exemptions. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Entered Board of Equalization at 10:01 a.m. Adams County Treasurer, Melanie Curry, presented the Board with a motor vehicle exemption application from Mary Lanning Hospital and the Tehama Shriners. Curry has reviewed the applications and has determined both entities meet the requirements for exemption and recommends approval. Motion by Neumann, seconded by Stromer to approve the motor vehicle exemption requests as presented by Curry. Roll CaII; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Nebraska O,�ment of RkNUj H,es:,. Applicant's Nome //s t Application for Exemption from Motor Vehicle Taxes by Qualifying Nonprofit Organizations •To bo filed with your county treasurer. • Read Instructions on worse side. (800 ,co9 FORM 457 Stet or Other Mailing Address G/.." /04C/7Zr ll State County ,'�to !tare tnCorpprated Gale Type of Ownership R‘nproat Corporation 0 Other (specily)t DESCRIPTION OF THE MOTOR VEHICLES •Attach an additional street, It necessary. Motor Vehicle Make IDENTIFY OFFICERS, DIRECTORS, OR PARTNERS OF THE NONPROFIT ORGANIZATION Tide Regstratton Date or Date of Acqutelacn, tfNewl Parch sed �a Name, Address, City, State, Zip Gnoe tr. ,� a'Sf/ Roar2,1P:`' ,erg1• 4 ,Cyr ✓ f Ph.ere,'. iii`, e,i". j 'epic.' r s, / _ .'',,,1 DESCRIPTION OF THE MOTOR VEHICLES •Attach an additional street, It necessary. Motor Vehicle Make Model Year aody Type ( Vehlele 10 Number Regstratton Date or Date of Acqutelacn, tfNewl Parch sed �a ,�.r.r�//.•� tr. ,� Exempt Uses of Moto Velycle: 0 .Agricuttva✓N;rticultura) 0 Educations! 0 Rellgt,i6 Char table © Cemetery Give deraited description of use, Indstding an explanation it melEple urs classifications ax TAJr'Sf//fo/,oa- f, ,I•��'•iyC4$ /4dfj,'/ i� fi.SvAvf0,00./,) !1/,rt! sign here 9tnu utttcrizea Siynalt Aro the motor vehicles used exclly as indicated? YES ONO ONO, oho percentage of exempt use: Under penalties of law. I necta'e that 1 have exarnMed lion and that it is, to the best of my Mont -edge and belie!, tree, complete, and correct I also declare that I om duty outhadoed to sign this exempt alT`dp eaatto,, end that the orgenisadan owning the above -Rebid property does rot dlscrfmtnata in membership or employment eased on race, color, or national origin, Tido Dao FOR COUNTY TREASURER RECOMMENDATION APPROVAL 0 DISAPPROVAL COMMENTS' Sig erre aTreasurer ,,.eC...C.•?n Datee-l...i FOR COUNTY BOARD OF EQUALIZATION USE ONLY G/ 0 APPROVAL 0 DISAPPROVAL COMMENTS Authorized Signature Date Nebraska 0e,arlmem of Revenue 9t-253.2006 Lisa 8,2011 Supansede3 95.253.2006 Rev, 6.205 AWhorizadby Neb. Rau. Stat. if 77,2e21.1fc) u,d tor), sated -338S, and &3.3, r ti PLEASE RETAIN A COPY FOR YOUR RECORDS. 579 I Page Nebraska Department at REVENUE IIEDMIXDZEMBEGI Application for Exemption from Motor Vehicle Taxes by Qualifying Nonprofit Organizations • To bo filed with your county heasurer. • Read Instructions on reverse side. 0,,e‘erlbe FORM Co./. 457 V.Ifedes Applicant's Name MARY LANNING MEMORIAL HOSPITAL Street or Other Mailing Address 715 N ST JOSEPH County ADAMS Oty HASTINGS State NE Zip Code 68901 State Whore Incorporated NEBRASKA P001 Owns hip g Nonprofit k. 30U Corporation 0 Other (specify): DESCRIPTION OF THE MOTOR VEHICLES *Attach an additional sheet, If necessary. IDENTIFY OFFICERS, DIRECTORS, OR PARTNERS OF THE NONPROFIT ORGANIZATION Title Body Type Name, ACdress, City, State, Zip Code Chairman Ford Jeff Anderson, P.O. Box 2026, Hastings, NE 68901 Vice Chairman 1FADP3F29HL205212 Michele Bever, 606 N. Minnesota, Hastings, NE 68901 Secretary C.M.(Gary) Anderson, P.O. Box 756, Hastings, NE 68901 Trustee Mike Allen, 10490 S. Baltimore Ave, Ayr, NE 68925 DESCRIPTION OF THE MOTOR VEHICLES *Attach an additional sheet, If necessary. Motor Vehicle Make Model Year Body Type Vehicle ID Number Registration Date or Date of Acquisition, If Newty Purchased Ford 2017 Focus SE 1FADP3F29HL205212 May 2017 Exempt Uses ot Motor Vehicle: El AgriculturaVHorticultural El Educational Religious Cha ' Give derailed description of use, including an explanation if multiple use classifications exi Home Health and Hospice care visits 0 Cernelery Are the motor vehicles used exclusively as Indicated? YES DNO 11 No, give percentage of exempt use: Under penalties of law, I declare that I have examined this apeit6ation and that it is, to the best of my knowledge and belief, true, complete, and correct, I also declare that I am duly authorized to sign this exemption application, and that the organization owning the above•Ilsted property does not discriminate In membership or employment based on race, color, or national origin. sign here Authorized Signature Chief Financial Officer 05/09/17 Tille Date OR COUNTY TREASURER RECOMMENDATION (APPROVAL El DISAPPROVAL 0 APPROVAL 0 DISAPPROVAL COMMENTS; ,3-7,2,5-/ Signature of County Treasurer Date FOR COUNTY BOARD OF EQUALIZATION USE ONLY COMMENTS: PP Authorized Signature Date flabatatta Dapadmont of ineyonua 96-253-2006 Rev. 8.2011 Supefsenes 99-253-2936 tiOY. 5-2009 Attinnozal ay N&J nay. Stat. A 77.•202(1)(6) and tab and 60-1165. and 60-3./69 PLEASE RETAIN A COPY FOR YOUR RECORDS. Adams County Assessor, Jackie Russell was not available for the meeting however did submit a tax list correction for the Board's review and possible approval. Motion by Curtis, seconded by Thomsen to approve the tax list correction submitted by Assessor Russell. Roll Call; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen 580 IPage TAX LIST CORRECTIONS, ADAMS COUNTY, NEBRASKA Name VOLKMER, JOHN E Tax Year Corrected Descriptions of Property 2016 Address 635 S SAINT JOSEPH AVE Tax Dist. No. 284 Real Property (284.02342) 010007137 No. 14589 Date 5/25/2017 I hereby direct the Adams County Treasurer to accept this Official correction made for the above named party and description and to Issue hls/her receipt In payment of the corrected tax shown above, and to correct the fax list accordingly. All corrections made on the tax roll must be In red Approved by action of the County Board this day of Chairman Coun Assessor- unty Clerk By Deputy ENTEREO MAY 2 5 MI/ ivi, Motion by Thomsen, seconded by Stromer to exit Board of Equalization and resume regular session. Roll Call; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Regular session resumed at 10:06 a.m. (See regular session minutes) Eldon Orthmann Board Chairman Ramona R. Thomas Adams County Clerk Pamela J. Witte Deputy Clerk 581 IPage CONSOLIDATED TAXES SCHOOL OR TAX DIST. HOMESTEAD TAX CREDIT PENALTY TOTAL TAX LEVY VALUATION AMOUNT VALUE CREDIT BILLED TAX 2.234294 38560 861.54 38560 861.54 0.00 CORRECTED TAX 2.234294 38560 861.54 0 0.00 34.54 827.00 BILLED TAX 0.00 0.00 0.00 CORRECTED TAX 0.00 0,00 0.00 Reason for Correction exemption on property The Owner of Homestead Exemption (John A Mason) did not meet the requirements of statute for earning Deductions From Tax Roll Additions to Tax Roll 827.00 property transferred on 4/20/2015 therefore the Homestead I hereby direct the Adams County Treasurer to accept this Official correction made for the above named party and description and to Issue hls/her receipt In payment of the corrected tax shown above, and to correct the fax list accordingly. All corrections made on the tax roll must be In red Approved by action of the County Board this day of Chairman Coun Assessor- unty Clerk By Deputy ENTEREO MAY 2 5 MI/ ivi, Motion by Thomsen, seconded by Stromer to exit Board of Equalization and resume regular session. Roll Call; Ayes: Stromer, Hogan, Thomsen, Curtis, Neumann, Orthmann. Nays: None. Absent: Larsen Regular session resumed at 10:06 a.m. (See regular session minutes) Eldon Orthmann Board Chairman Ramona R. Thomas Adams County Clerk Pamela J. Witte Deputy Clerk 581 IPage