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HomeMy WebLinkAbout0202 Minutes for February 2, 2021 Adams County Board of Commissioners Meeting Minutes Tuesday, February 2,2021 Courthouse,Adams County A regular meeting of the Adams County Board of Commissioners was held with Chairman Lee Hogan presiding. Motion by Larsen,seconded by Curtis that this is an open public meeting of the Adams County Board of Commissioners. Roll Call;Ayes:Stromer, Larsen, Hogan,Johnson,Curtis, Neumann Nays: None Absent: Orthmann Chairman Hogan inquired if there were any conflicts of interest. No conflicts were disclosed. Roll was taken, roll call members present, Michael Stromer- District 1,Glen Larsen—District 2, Lee Hogan- District 3, Harold Johnson—District 4, Dale Curtis- District 5, Chuck Neumann—District 6. Absent: Eldon Orthmann—District 7 Chairman Hogan stated minutes from the January 19, 2021 have been circulated to board members. • Hogan stated that if there were no corrections the minutes will stand as approved. No minute corrections were suggested and the minutes were approved by unanimous consent. Public notice of this meeting has been given by publication in the Hastings Tribune and by posting. 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 Commissioners County Board Room,Courthouse,2nd Floor *Date of Meeting.February 2.2021. 9:30 A.M. Chairman to request a motion that this is an open public meeting of the Adams County Board of Commissioners 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: Committee reports: Receive Comments from the Public: 9:45 Judge Illingworth&Joe Budnick—Present for possible approval,an interlocal agreement relating to probation services Melanie Curry—report and possible action regarding township debt 10:00 am—Annual Meeting of the Adams County Cemetery Board Dawn Miller-Present&Review proposed 2021-2027 One&Six Year Road/Bridge Improvement Plan prior to Public Hearing on February 16.2021 C 10:15 a.m. Judy Mignery—present for possible approval Case#21-02.1 Arnold Subdivision a tract in the NW'A Section 24-TSN-R9W Dave Bergin—Present for possible approval.Resolution 2020-02-02.01 outlining policies regarding the payment of sales tax Dave Bergin/John Rust—Present for possible approval,an agreement between Adams County and Seward County for to house inmates at the Seward County Detention Center Dave Bergin—Request motion to set a public hearing regarding an isolated land case Closed Session—for the protection of the public interest:for discussion with legal counsel about possible disposition of small plot of county owned land Miscellaneous Business Claims Miscellaneous Receipts Officer Reports This agenda is subject to amending until 9:30 AM on the Monday preceding the Board meeting. Note to Citizens:Any agenda item may be moved down at any time at the discretion of the Chairman of the Board of Supervisors. Last updated on February 1.2021 at 8:52 am 29IPage Board members attended the following committee meetings and community events since the January 19, 2021 meeting and provided a brief report: Neumann— January 27,2021—Attended an Adams County Road and Bridge meeting Participated in numerous calls with the South Heartland District Health Department regarding the Covidl9 vaccine Neumann also informed everyone that the second round of nurse coaching calls will be taking place in February and March,this is a requirement with the Adams County Wellness Program,additionally Neumann stated the Adams County Bowling night will be held tonight at 6:30,this is sponsored by the Adams County Wellness Committee Curtis- January 21,2021-Participated in a NIRMA training via Zoom regarding the Americans with Disabilities Act Disputes January 27,2021—Participated in a Hasting Chamber meeting via Zoom January 28&29,2021—Participated in an Adams County Justice Center meeting via Zoom January 28,2021—Attended a South Central Economic Development District meeting via Zoom February 2,2021—Attended an Adams County Building and Grounds Committee meeting Larsen- January 19,2021—Attended an ASAAP Board meeting where ASAAP financial report was discussed January 19,2021—Attended an LEPC meeting January 27,2021—Attended an Adams County Road and Bridge Committee meeting January 28,2021—Attended an Adams County Road and Bridge Committee meeting Johnson- January 9,2021—Attended NACO training for newly elected county board members via Zoom January 28,2021—Attended a phone conference for an update on Adams County Roads after the recent snow storm February 2,2021—Attended an Adams County Building and Grounds Committee meeting Stromer- January 28,2021—Attended a Community Action Partnership Board meeting and reported that fees for RYDE Transportation will likely increase next year due to the loss of some federal funding January 28,2021—Attended a phone conference for an update on Adams County Roads after the recent snow storm February 1,2021—Attended an Adams County Planning and Zoning meeting February 2,2021—Attended an Adams County Building and Grounds Committee meeting and reported a recent termite issue has been resolved,and the upgrades to the Extension Building have been completed and new waiting area chairs have been purchased for the main courthouse building Hogan- January 22,2021—Participated in a Region 3 meeting via Zoom January 27,2021—Attended an Adams County Road and Bridge meeting January 29,2021—Participated in an Adams County Justice Center meeting via Zoom Chairman Hogan opened the meeting to receive comments from the public. No public comments were made. Adams County Deputy Treasurer, Dee Thaut, provided a Township report on behalf of Treasurer Curry. Thaut reported that the county is still waiting on final paperwork from the Adams County Townships which became dissolved as of January 7, 2021.Thaut stated we are still waiting for final payments from Roseland and Zero Township and Clerk Thomas stated most of the townships need to submit a final bank statement indicating the account has been closed. No action is needed at this time and the treasurer and clerk's office will provide another update at the next regular board meeting. 30IPage Judge Stephen Illingworth presented the board with an agreement between Buffalo,Adams and Hall Counties for the Central Nebraska Veterans'Treatment Court. Illingworth provided a background and description of the program.Adams County Attorney, Donna Fegler Diass and Adams County Probation Officer Joseph Budnick were also present in support of Adams County participating in the program. Motion by Curtis,seconded by Stromer to approve Adams County Participating in the Central Nebraska Veterans'Treatment Court with Hall and Buffalo Counties. Roll Call;Ayes:Stromer, Larsen, Hogan, Johnson, Curtis, Neumann Nays: None Absent:Orthmann AGREEMENT Providing Personnel and Services for Central Nebraska Veterans Treatment Court THIS AGREEMENT is made and entered into by and between the Nebraska Counties of Buffalo, Hall, and Adams ("Counties") and the Administrative Office of the Courts & Probation ("Probation") (collectively the "parties") for the Central Nebraska Veterans' Treatment Court ("Veterans' Treatment Court"). WHEREAS,the Counties desire to run a Veterans' Treatment Court; and WHEREAS,Probation is willing to provide personnel to the Counties so that the Counties can run a Veterans' Treatment Court. NOW,THEREFORE,the parties mutually agree as follows: 1. The term of the Agreement is February 1,2021 through June 30,2022. This Agreement may only be modified by mutual written agreement of the parties hereto. 2. Probation will provide Staff for the Veterans' Treatment Court. Staff shall serve in Buffalo, Hall, and Adams counties. Staff shall be employees of Probation and shall exclusively perform their duties in accordance with Probation Policy and Procedures. Said Staff shall be selected by the District's Chief Probation Officer with the approval of Probation. The aforementioned Staff shall perform duties respectively as outlined within his/her job description in a professional and competent manner. 3. Participants in the Veterans' Treatment Court who access programs or services in which Probation personnel or Probation resources are utilized shall be charged the one-time administrative enrollment fee and the monthly Probation programming fee required pursuant to Neb.Rev. Stat. §29-2262.06(2). Any participant who defaults on the payment of any such fees may be removed from such program or service, at the discretion of the Veterans' Treatment Court. This does not preclude additional local fees for participation in such programs and services. The Veterans' Treatment Court shall establish the administrative enrollment fee and monthly Programming fees in accordance with the rules established by Probation and policies adopted by the Veterans'Treatment Court. 4. It is expressly agreed by the parties that this Agreement does not create an employer/employee relationship between the Counties and said Staff. Said Staff shall not receive any compensation directly from the Counties, only such compensation, including benefits, as he/she may be entitled to pursuant to his/her terms of employment with Probation. Probation shall be responsible for Staff and for payment of all federal,state, local, and any other payroll taxes with respect to Staff compensation. S. It is expressly agreed by the parties that Probation will provide training to the Staff at Probation's expense. The Counties agree to provide,at no cost to Probation,office space and necessary office equipment and supplies for respective Staff 6. The Counties agree to indemnify and hold harmless,to the fullest extent allowed by law,Court and its principals,officers and employees from and against all claims,demands,suits,actions, Page 1 of 3 31IPage payments, liabilities, judgments, and expenses (including court-ordered attorneys' fees), arising out of or resulting from the acts or omissions of their principals,officers or employees in the performance of this Agreement. Liability includes any claims, damages, losses, and expenses arising out of or resulting from performance of this Agreement that results in any claim for damage whatsoever including bodily injury,civil rights liability,sickness,disease, or damage to or destruction of tangible property,including the loss of use resulting therefrom. Further, the Counties shall maintain a policy or policies of insurance (or a self-insurance program),sufficient in coverage and amount to pay any judgments or related expenses from or in conjunction with any such claims. 7. Each party hereby agrees to obey and comply with any and all applicable laws, rules and regulations in governing its activities under the terms of this Agreement. Further,each party agrees that in providing services pursuant to this Agreement,it shall not discriminate against any employee, applicant for employment,juvenile, or any other person on the basis of race, color,religion,sex,disability,national origin,age,marital status,receipt of public assistance, or any other basis prohibited by applicable state or federal law. 8. It is understood and agreed by the parties hereto,that if any part,term,condition,or provision of this Agreement is held to be illegal or in conflict with any laws of this State or of the United States,the validity of the remaining parts,terms,conditions or provision shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not`contain that particular part,term,condition or provision. 9. Either party may terminate this Agreement for any reason by giving the other party thirty(30) days written notice of its intention to terminate. 10.This Agreement may not be assigned without the prior written consent of the other party. 11.This Agreement shall supersede any and all previous agreements between the parties regarding the subject matter covered herein,and any previous agreements are hereby terminated by this agreement of the parties. EXECUTED this day of ,2021 by the Administrative Office of the Courts&Probation. Deb Minardi State Probation Administrator EXECUTED this day of ,2021,by Buffalo County, Nebraska. William McMullen Chairman of the Board Page 2 of 3 EXECU 1'ED this day of ,2021,by Hall County,Nebraska. Pam Lancaster Chairwoman of the Board EXECUTED this day of ,2021,by Adams County, Nebraska. Lee Hogan Chairman of the Board 321 Page Motion by Neumann, seconded by Stromer to meet as an Adams County Cemetery Board for the annual Meeting. Roll Call;Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann Nays: None Absent: Orthmann Entered Cemetery Board Meeting at 10:02 a.m. (See Cemetery Board Minutes;Cemetery Board Book 1 page 33) Motion by Neumann, seconded by Curtis to close the annual meeting of the Adams County Cemetery Board and resume regular session. Roll Call;Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann Nays: None Absent:Orthmann Regular Session resumed at 10:08 am Adams County Highway Superintendent, Dawn Miller, presented the board with a preview of the Adams County 2021 One and Six Year Road Plan, in preparation for the Public Hearing of the road plan scheduled for 10:15 am on February 16, 2021. No action is necessary as the road plans will again be reviewed during the public hearing scheduled for February 16th at 10:15 am. Adams County Planning and Zoning Director,Judy Mignery, presented the board with planning and zoning case#21-01.1; plans for the Arnold Subdivision. Mignery read the Zoning Administrator's Comments into the record: ADAMS COUNTY PLANNING AND ZONING DEPARTMENT Judy Mignery,Zoning Director 500 N.Denver Ave.,Hastings,NE 68901 Phone: 402-461-7174 Fax: 402-461-7177 Office Hours: Monday Thursday,8:00—12:00 and 1:00—4:00 DATE: February 1,2021 TO: Adams County Planning Commission&Board of Commissioners FROM: Zoning Staff—Judy Mignery,Director RE: Case#21-01.1 Arnold Subdivision Applicant: Caleb Arnold, 1303 Markay Dr,Juniata Owner: Ron&Norma King,6460 N Maxon Ave,Trumbull,NE Location: Tract in the NW '/Section 24-T8N-R9W Zoned Use: Ag Zoning Administrator's Comments: The applicant would like to subdivide 3.00 acres in the NW 1/4 Section 24-T8N-R9W. The proposed subdivision contains no improvements. The applicant would like to build a house on the property. The proposed plat does not fall within the flood plain. All requirements of the existing County and Village Subdivision Regulations and the Zoning Regulations have been met. Mignery stated the Adams County Planning and Zoning Committee has approved the plans and is now requesting County Board approval. Motion by Neumann, seconded by Stromer to approve plans for the Arnold Subdivision as presented by Mignery. Roll Call;Ayes:Stromer, Larsen, Hogan,Johnson,Curtis, Neumann Nays: None Absent: Orthmann Adams County Deputy Attorney, David Bergin, presented the board with Resolution 2021-02-20.01; outlining policies when paying sales tax. Bergin stated he has worked with the clerks office in drafting the resolution and Clerk Thomas proposed an amendment to article#3, requiring a receipt from the treasurer be submitted to the clerks office to be attached to any claim where sales tax has been reimbursed to the county. 33 IPage Motion by Neumann, seconded by Larsen to amend the resolution to include the submission of a receipt to the clerk's office, as proposed by Clerk Thomas. Roll Call;Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann Nays: None Absent: Orthmann Motion by Neumann,seconded by Larsen to adopt Resolution 2021-02-02.01 as amended. Roll Call; Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann Nays: None Absent:Orthmann RESOLUTION RELATING TO THE PAYMENT OF SALES TAX ON PURCHASES BY COUNTY OFFICIALS THROUGH THE CLAIMS PROCESS AND LIMITS THEREON RESOLUTION NO.A7,7/- -( 2. el/ BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ADAMS COUNTY THAT: 1. There has been a continuous finding by the State Auditor that Adams County is often paying sales tax when Adams County is a sales tax exempt entity. 2. Adams County has established tax exempt accounts with on-line vendors which include Amazon, Quill,Custom Ink,and others.A list of such vendors shall be maintained in the County Clerk's Office for reference by all elected and appointed officials. 3. Hereinafter,the payment of sales tax by any official's office SHALL NOT be approved by the Board of Commissioners if the office making such claim made a purchase and did not utilize a tax exempt account. The department head of the office which paid sales tax inappropriately in the manner described in this paragraph shall be required to reimburse Adams County for any such sales tax paid by making payment to the County Treasurer along with a copy of a receipt which shows that the department head paid the sales tax in question. 4. If an office frequently makes purchases or otherwise does business with a local vendor the office should establish a tax exempt account with such vendor and notify the County Clerk that such account has been established. 5. Purchases in excess of fifty dollars($50.00)shall require the office to establish a tax exempt account with a vendor whether or not the office is likely to do business with the vendor in the future. 6. The Board of Commissioners may agree to approve the payment of sales tax by an office if a written explanation is given therefor and the reimbursement which is approved by the Board of Commissioners is payable directly to the office. 7. Payments to hotels shall also be made on a tax exempt basis but it is hereby required that the hotel bill shall be set up as a DIRECT BILL to Adams County. This shall be done in order to permit the filing of the proper forms with the Nebraska Department of Revenue. ENACTED THIS 2ND DAY OF FEBRUARY,2021. ADAMS COUNTY BOARD OF COMMISSIONERS, Jaq`t -,j ,r4:440 i SE+1'��" Lee Ho. ,Chairman ;r' >. /iii Rhona R. Thomas, Adams County Clerk Deputy Attorney Bergin presented the board with an agreement with Seward County for the housing of inmates.Adams County Sheriff,John Rust and Deputy Attorney Bergin have reviewed the agreement and are requesting board approval. Motion by Stromer,seconded by Curtis to approve the agreement as presented by Bergin. Roll Call; Ayes:Stromer, Larsen, Hogan,Johnson,Curtis, Neumann Nays: None Absent:Orthmann 34 I Page CONTRACT BETWEEN SEWARD COUNTY,NEBRASKA AND ADAMS COUNTY,NEBRASKA This agreement is entered into by and between the County of Seward, Nebraska,hereinafter referred to as"Seward County"and the County of Adams, Nebraska,hereinafter referred to as"Adams County." WHEREAS,Adams County desires to enter into contract with Seward County to house inmates at the Seward County Detention Center("Detention Center")who are held under Adams County's lawful authority;and WHEREAS,Seward County is willing to perform this service for Adams County under certain terms and conditions contained herein. NOW,THEREFORE,in consideration of mutual covenants contained herein, the parties agree as follows: 1. INMATE HOUSING:Seward County shall receive and house Adams County inmates from time to time at the request of Adams County.Seward County will assume the safekeeping,care and sustenance of those inmates who are held under Adams County's lawful authority.Said safekeeping,care and sustenance shall include food,clothing,shelter,programs and services, recreation,inmate visitation,necessary staff support,and medical and dental care. 2. CONSIDERATION:In consideration for the safekeeping,care,and sustenance provided by Seward County,Adams County shall pay Seward County the sum of$65.00 per inmate for each day that the inmate is housed in Seward County.In regard to billing procedures,the parties agree to the following provisions: a. The billing day starts at 12:01 a.m.and an inmate is charged the full housing cost if they are at the Detention Center for any period of time after that. b. A current list of inmates housed for Adams County shall be maintained by the Seward County Detention Center Director or his/her designee. c. Seward County shall submit monthly itemized statements for inmates who were housed at the Detention Center during the prior month.Such statements shall include:the name,the dates of admittance and discharge,length of stay,the total billing amount and any special charges,including medical and dental expenses,for each inmate.All charges shall be paid by Adams County within 45 days from the date on which the statement is received. 3. SERVICES TO BE PROVIDED BY SEWARD COUNTY:Seward County shall: a. Manage the Detention Center in accordance with such rules as may be adopted time to time by the Nebraska Jail Standards. b. Maintain the Detention Center in a clean and sanitary condition. Adams County inmates housed at the Detention Center shall not be subject to corporal punishment,cruel or inhumane treatment,or abuse. c. Not discriminate against any Inmate due to race,color,disability, religion,sex,age,genetics,or national origin,in any manner relating to his or her custody. d. Permit Adams County law enforcement officials to have in person contact with all Adams County inmates in custody. 4. MEDICAL AND DENTAL SERVICES AND EXPENSES:The parties agree to the following: a. Adams County shall be responsible for the cost of any medical and dental services provided to inmates that are incurred by Seward County due to treatment not covered in the Detention Center,unless such expenses arises from injuries or illness that are caused by the 35 ' Page acts or omissions of Seward County,its agents,employees, representatives,or other inmates housed in the Detention Center.All charges shall be paid by Adams County within 45 days from the date on which the statement is received. b. Adams County shall be responsible for all prescriptions provided to Adams County inmates. c. Seward County will notify Adams County prior to providing medical and dental treatment except In the case of the emergency.If an emergency occurs and the Adams County inmate needs treatment, Adams County will be notified of the situation immediately.The costs of any emergency treatments will be the responsibility of Adams County pursuant to this section. d. Seward County agrees to be responsible for the costs of any in-house medical services provided by the Detention Center's contracted medical vendor. 5. MISCELLANEOUS PROVISIONS:The parties further agree as follows: a. Seward County reserves the right to request the removal of any Adams County inmate determined to have a communicable disease or to be mentally ill and dangerous to themselves and/or others. b. Inmates classified to administrative segregation will not be transferred to Seward County without Seward County's prior approval.Seward County will make every effort to manage inmate behavior at its Detention Center prior to requesting an inmate's removal. c. Seward County will accept and store the inmate's personal property that the inmate is not allowed to possess within the Detention Center. d. In the event that an inmate from Adams County is required to be returned to custody in Adams County,it is the responsibility of Adams County to transport said inmate upon his/her release from Seward County to Adams County at Adams County's cost. e. Each party agrees to hold harmless and indemnify to the fullest extent allowed by law,the other party and its principals,officers,and employees from and against all claims,demands,suits,actions, payments,liabilities,judgments and expenses(including court- ordered attorneys'fees),arising out of or resulting from the acts or omissions of their principals,officers,or employees in the performance of this Agreement. Liability includes any claims, damages,losses,and expenses arising out of or resulting from performance of this Agreement that results in any claim for damage whatsoever including any bodily injury,civil rights liability,or damage to or destruction of tangible property. Each party shall cooperate with the other party in its defense or settlement negotiation of any claim,demand or suit. Further,each party shall maintain a policy or policies of insurance(or a self-insurance program),sufficient in coverage and amount to pay any judgments or related expenses from or in conjunction with any such claims.Nothing in this Agreement shall require either party to indemnify or hold harmless the other party from liability for the negligent or wrongful acts or omissions of said other party or its principals,officers,or employees. f. It is agreed that nothing contained herein is intended or should be construed in any manner as creating or establishing a partnership or joint venture between the Parties. Any and all acts that either Party or their personnel,employees,agents,contractors,or servants, perform pursuant to the terms of this Agreement shall be undertaken as independent contractors and not as employees of the other.The Parties shall,except as provided herein,act in their individual capacities and not as agents,employees,partners,joint ventures or associates of the other.An employee or agent of one shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever.None of the Parties nor its personnel,employees,agents,contractors,or servants shall be 36 I Page entitled to any benefits of the other.The Parties shall not provide any insurance coverage to the other or their employees including, but not limited to,workers'compensation insurance.Each Party shall pay all wages,salaries and other amounts due its employees and shall be responsible for all reports,obligations,and payments pertaining to social security taxation,Income tax withholding, workers'compensation,unemployment compensation,group insurance coverage,collective bargaining agreements or any other such similar matters.Any and all claims that may or might arise under the Workers'Compensation Act of the State of Nebraska on behalf of said personnel or other persons while so engaged,and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment,including without limitation claims of discrimination against a Party its officers, employees,agents,contractors or servants shall in no way be the responsibility of the other Party. Neither Party shall have any authority to bind the other by or with any contract or agreement,nor to impose any liability upon the other.All acts and contracts of each shall be in its own name and not in the name of the other,unless otherwise provided herein. g. Neither Party shall assign its duties and responsibilities under this Agreement without the express written permission of the other party to this Agreement. h. if any portion of this Agreement is held invalid,that provision shall be severed and the remainder hereof shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. i. Failure or delay by any party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. In order to be effective,all waivers must be in writing and signed by the waiving party. An effective waiver of a right or power shall not be construed as either a future or continuing waiver of that same right or power,or the waiver of any other right or power. In addition,any act by a party which it is not obligated to do hereunder shall not be deemed to impose any obligation upon that party to do any similar act in the future or in any way change or alter any of the provisions of this Agreement. j. This Agreement shall be subject to,and construed under,the laws of the State of Nebraska. Parties shall bring any and all legal proceedings arising hereunder in the State of Nebraska in the District Court of Seward County or for any federal action,in the United States District Court for the State of Nebraska located in Omaha,Nebraska. k. In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purposes of notice,during the term of this Agreement and for the period of any applicable statute of limitations thereafter,the following named individuals shall be the authorized representatives of the Parties: For Seward: For Adams: Seward County Clerk's Office Adams County Clerk's Office 529 Seward St#205 500 W.4th St.Suite 109 Seward,NE 68434 Hastings,NE 68901 Notice shall be In writing and shall be effective upon receipt.Delivery may be by hand,in which case a signed receipt shall be obtained or by the United States Postal Service,registered or certified,return receipt requested. I. Prior to filing any litigation,the parties agree to use informal means to attempt to resolve any disputes. Parties will contact the designees in this Agreement for a face to face meeting to resolve any disputes/conflicts. These conflict resolution provisions are not intended to extend or toll any applicable statute of limitations. m.Both Parties agree that in accordance with the Nebraska Fair Employment Practice Act,Neb.Rev.stat.§48-1122,they,or any of their subcontractors,will not discriminate against any employee,or applicant for employment to be employed in the performance of this Agreement,with respect to hire,tenure,terms,fpnditions,or 37 IPage privileges of employment because of the race,color,religion,sex, disability,or national origin of the employee or applicant.Neither party shall,in the performance of this Agreement,discriminate or permit discrimination in violation of federal or state laws or local ordinances. n. Except as may be otherwise specifically provided in this Agreement, neither party shall be in default under this Agreement if and to the extent that any failure or delay in such party's performance of one or more of its obligations hereunder is caused by any of the following conditions,and such party's performance of such obligation or obligations shall be excused and extended for and during the period of any such delay: act of God;fire;flood;war or civil disorder;or any other cause beyond the reasonable control of such party. The party claiming relief under this section shall promptly notify the other in writing of the existence of the event relied on and the cessation or termination of said event. o. This Agreement contains the entire agreement of the Parties. No representations were made or relied upon by either Party other than those that are expressly set forth herein. No agent,employee or other representative of either Party is empowered to alter any of the terms hereof except as provided herein. p. This Agreement may be modified only by written amendment,duly executed by authorized officials of the Parties. No alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto.Every amendment shall specify the date on which its provisions shall be effective. q. Both Parties are required and hereby agree to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,8 U.S.C.1324a,known as the E-Verify Program,or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. r. This Agreement does not create a separate legal entity under the interlocal Cooperation Act. For purposes of that Act,this Agreement shall be administered jointly by the Parties,in the event of a conflict, the decision of the County providing the service shall govern. This Agreement does not contemplate acquiring,holding or disposing of joint property nor does it contemplate the levying or collecting of any tax. s. At all times when housing inmate(s)pursuant to this Agreement, each Party shall have in full force and effect a policy of insurance to cover any omission,commission,failure to act,negligence,civil rights violation and any and all other damages and loss for any cause of action which may accrue to inmate(s)while housed pursuant to the terms of this Agreement. t. In the performance of this Agreement,both Parties will avoid all conflicts of interests or appearances of conflict of interest. Parties will report any conflict of interest immediately to the other. Both Parties assure that no employee of the other wilt have a financial or personal interest in this Agreement. Parties did not and will not provide any money or other benefit of any kind to any employee of the other in the procuring of,facilitation of,execution of or during the duration of this Agreement. u. Seward shall adopt and comply with Prison Rape Elimination Act (PREA)standards per United States Department of Justice 28 C.F.R. Part 115§115.12. 6. DURATION: This Agreement shall be in full force and effect for the term of one(1)year from the date hereof,unless terminated by a Party as provided 38IPage herein.After the expiration of the initial term,this Agreement shall automatically renew and continue in full force and effect annually on a year-to-year,twelve(12)month basis until terminated herein. Either Party may terminate this Agreement at any time for any reason upon sixty(60) days written notice to the other Party of its intention to terminate this Agreement. If either Party defaults in the performance of this Agreement, the other Party will give to the defaulting Party a written and detailed notice of the default. The defaulting Party will have thirty(30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin Implementing the cure plan Immediately after plan approval. If the defaulting Party fails to provide or Implement the cure plan,then the injured Party,in addition to any other rights available to it under law,may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting Party. Dated this day of ,2018 Dated this day of .2018 SEWARD COUNTY BOARD OF ADAMS COUNTY BOARD OF COMMISSIONERS COMMISSIONERS BY: BY: CHAIR CHAIR Approved as to form Approved as to form Seward County Attorney Adams County Attorney Deputy Attorney Bergin requested the board formally set a date and time to hear arguments for or against the previous Lay/Strasburg isolated land hearing being vacated. Motion by Neumann, seconded by Johnson to set requested hearing for 10:45 am on February 16,2021 and allow phone testimony. Roll Call;Ayes:Stromer, Larsen, Hogan,Johnson,Curtis, Neumann Nays: None Absent:Orthmann Bergin stated he will inform all involved parties of the date and time of hearing. Motion by Neumann, seconded by Stromer to approve the claims and direct the county clerk to pay them out of their respective accounts. Roll Call;Ayes:Stromer, Larsen, Hogan,Johnson,Curtis, Neumann Nays: None Absent:Orthmann Motion by Stromer,seconded by Curtis to approve officer reports submitted by the Adams County Clerk and the Clerk of the District Court. Roll Call;Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann Nays: None Absent:Orthmann Officer Report—Clerk otoo- J7/-os of' ) 37I-a5--Sd75`" ADAMS COUNTY BOARD OF SLTERVISORS HASTINGS,NE 65901 HEREWITH IS A TRUE AND CORRECT REPORT OF THE FEES RECEIVED IN THE COUNTY CLERK'S OFFICE FOR THE MONTH OF JANUARY 2021 SHOWN BY THP.FEF.ROOK LN SAID OFFICE. UCC FILING S.00 MISCELLANEOUS RECORD 50.00 MARRIAGE LICENSE S278.00 COMES AND SEARCHES x.00 FILING FELS $0.00 OTHER 50.00 TOTAL.FEES JANUARY 2021 S725.00 SUBSCRIBED AND SWO• 'r'ME •'1'r DAY OF FEBRAUItY 2021 t`/ COUNTY CLERK SUBSCRIBED AND SWORN BEFORE ME TILE I'r DAY OF FEBRUARY 2021 volgemamms 2008 ADAMS COUNTY CLERK SCOW 471,4r1.1Stwela NE WW1 mire �_ ' i$ - — oou e law ►. g�te Bank ' ' ur !:_i_caA — 39IPage Officer Report-Clerk of the District Court JUSB3419 Adams County Board Page 1 Monthly Fees/Fines Report Date 2/01/2021 From 01/01/2021 to 01/31/2021 Time 9:35:41 Account Description Total Amount Petition 490.00 Information 70.00 Filing Fee - State 42.00 Automation Fee 416.00 Appeal - Civil 70.00 Transcript of Lien 250.00 Probation Admn Enrollment Fee 60.00 Probation Fee (Monthly) 900.00 Probation Intensive Supervisio 140.00 NSC Education Fee 51.00 Dispute Resolution Fee 38.25 Indigent Defense Fee 153.00 Uniform Data Analysis Fee 52.00 Drug Ct Admin Enrollment Fee 30.00 Drug Ct Supry Fee 270.00 �Ia Drug Ct Local Fee 4,299.00 s Interstate Prob Admin Enrollme 60.00 Interstate Probation Fee (Mont 70.00 PRS Prob Fee (Monthly) 150.00 N PRS Admn Enrollment Fee 444.75 Dissolution Fee 250.00 I 1 i Parenting Act Fund 900.00 J.R.F. 312.00 S Filing Fee-JRF 252.00 A Crime Victim Fund 2.00 s i Civil Legal Services Fund 14.00 mt L.E.I.F. 28.00 Legal Aid/Services Fund 120.00 � Legal Aid/Services Fund 325.00 Issuance of Writ 5.00 Complete Record 420.00 Photocopy Fees 70.00 �J>, Interest on Bank Account 6.93 "60' Interest Costs 421.37 County Court Fees 150.00 Sheriff's Fees 2.00 Service Fees 72.00 Substance Abuse Testing Fees 210.00 Offender Assessment Screening 30.00 Sup Ct Filing Fee 80.00 Spousal Support/Alimony 17,330.00 Property Settlement 2,336.10 Judgment (General) 80,675.41 Guardian Ad Litem 100.00 Attorney Fees 2,326.96 Restitution 3,394.00 Passport Processing Fee-County 1,295.00 HHS Account 2,282.00 Bindover Ten Percent Bond 10,305.00 Refund 51,021.65 Bond .00 Holding Acct 300.00 Grand Total 183,092.42 Motion by Neumann, seconded by Larsen to meet in closed session;for the protection of the public interest,for discussion with legal counsel regarding possible disposition of small plot of county owned land. Roll Call;Ayes:Stromer, Larsen, Hogan,Johnson, Curtis, Neumann Nays: None Absent:Orthmann Entered closed session at 11:07 am Motion by Larsen, seconded by Stromer to exit closed session and resume regular session. Roll Call; Ayes:Stromer, Larsen, Hogan,Johnson,Curtis, Neumann Nays: None Absent: Orthmann Regular session resumed at 11:30 am No action was taken while in closed session and only legal matters associated with county owned land was discussed. Board adjourned by unanimous consent. COUNTY GENERAL FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 536.50 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 698.90 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 1,741.45 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 813.45 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 813.45 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 536.50 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 1,046. 90 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 246.50 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 1,728.40 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 145.00 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 638 .00 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 3, 635.15 40 I Page FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 2,219. 95 FIVE POINTS BANK,VICTIMS ASSISTANCE PROGRA 391.50 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 3,314 .70 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 276. 95 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 145.00 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 246.50 FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 421. 95 MIPS, DATA PROCESSING COSTS 16.00 EAKES OFFICE SOLUTIONS,EQUIPMENT RENTAL - OFFICE 182.83 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 340.30 EAKES OFFICE SOLUTIONS,OFFICE EQUIPMENT 62 .04 DELL MARKETING LP, DATA PROCESSING EQUIPMENT 1, 675.98 BEAR GRAPHICS INC, SUPPLIES - OFFICE 497. 10 SARA BOCKSTADTER,MENTAL HEALTH BOARD COSTS 204.25 LB413164 BLUE 360 MEDIA,DUES,SUBS,REGIST,TRAINING 81.75 FAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 2,345.64 TOM HAWES,MISCELLANEOUS 56.00 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 581. 65 WALMART,COUNTY COURT COSTS 26.85 CARPENTER & SKALKA, DEPOSITION 230.00 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 195.07 JACKIE J STROMER QUEEN,TRANSCRIPTS 360.25 KATIE HUSTON,DEPOSITION 20.00 BECKY MCCRACKEN CERTIFIED,TRANSCRIPTS 580.70 ANTHONY MILLS, DEPOSITION 20.00 THEOBALD LAW OFFICE,ATTRNY FEES-COURT APPOINT 3, 718.25 AUTO VALUE - HASTINGS,MISCELLANEOUS 22. 99 BIG G COMMERCIAL HARDWARE INC ,MISCELLANEOUS 4.72 CENTRA CHEMICAL SERVICES INC,CHEMICALS UN RES 729.30 DIAL HTG & AC,HEATING AND AIR CONDITION 10, 100.00 FAKES OFFICE SOLUTIONS, JANITORIAL SUPPLIES 11. 94 EAKES OFFICE SOLUTIONS, FURNITURE/REMODELING 3, 407.16 EAKES OFFICE SOLUTIONS,MISCELLANEOUS 393. 60 HASTINGS UTILITIES,UTILITIES 8, 191.06 MENARDS,BLDG REPAIR-COURTHOUSE 56.25 MENARDS,BLDG REPAIR-ANNEX/WALLACE 83.72 MENARDS, SHOP TOOLS 80. 16 MENARDS,BLDG REPAIR-ANNEX/WALLACE 514.83 MENARDS,MISCELLANEOUS 35. 93 W G PAULEY LUMBER CO,BLDG REPAIR-ANNEX/WALLACE 7 .59 RUTT'S HEATING & AIR CONDITION,HEATING AND AIR CONDITION 418.48 SHERWIN WILLIAMS,BLDG REPAIR-ANNEX/WALLACE 31.32 MIPS,MISCELLANEOUS LABOR 516.00 MIPS,EQUIPMENT RENTAL - OFFICE 190.00 LB413164 BLUE 360 MEDIA,DUES, SUBS,REGIST,TRAINING 1, 699.13 CITY OF HASTINGS,CONTRACT SERV 10,538 . 67 CHRIS'S CAR WASH,TRAVEL EXPENSES 71.40 CORNHUSKER PRESS INC, PRINTING/PUBLISHING 133.30 EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 327 .89 EAKES OFFICE SOLUTIONS, DATA PROCESSING COSTS 10.15 HASTINGS FORD-LINCOLN,EQUIPMENT - FUEL 76.55 HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 246.37 KENESAW MOTOR CO INC,EQUIPMENT - FUEL 55. 65 NATIONAL SHERIFFS' ASSOCIATION, DUES, SUBS,REGIST,TRAINING 135.00 NEBRASKA PUBLIC HLTH EVIRO LAB, SHERIFF COSTS 105.00 PLATTE VALLEY OF HASTINGS INC ,RADIO REPAIR 205.00 PLATTE VALLEY OF HASTINGS INC , DATA PROCESSING EQUIPMENT 31.25 PLATTE VALLEY OF HASTINGS INC ,RADIO REPAIR 50.00 RR DONNELLEY,SHERIFF COSTS 55. 61 ADAMS COUNTY ATTORNEY,COURT RELATED COSTS 10.00 CLAY COUNTY SHERIFF,COURT RELATED COSTS 9.20 DELL MARKETING LP,OFFICE EQUIPMENT 815.11 FAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 370. 14 HALL COUNTY COURT,COURT RELATED COSTS 2.00 HALL COUNTY SHERIFF, JUVENILE COURT COSTS 41.12 NEBRASKA SUPREME COURT,LIBRARY BOOKS 203.40 PHYSICIANS LABORATORY PC,AUTOPSY COSTS 4, 871.00 ALLO COMMUNICATIONS, INTERNET SERVICE 205.00 ALLO COMMUNICATIONS,TELEPHONE SERVICES 474. 60 CHARTER COMMUNICATIONS, INTERNET SERVICE 399.00 DAS STATE ACCOUNTING,EQUIPMENT RENTAL - OFFICE 704.00 VERIZON WIRELESS,CELL PHONES 165.04 41IPage WINDSTREAM,TELEPHONE SERVICES 1,471.44 WINDSTREAM,TELEPHONE SERVICES 150.00 WINDSTREAM,TELEPHONE SERVICES 296.74 CENTURY LINK,TELEPHONE SERVICES 167 .68 NEBRASKA TECH & TELECOM INC,TELEPHONE SERVICES 125.10 QUILL CORPORATION, SUPPLIES - OFFICE 52 .55 ADAMS COUNTY JAIL/SHERIFF,BOARD OF PRISONERS - FOOD 1, 118.07 ADVANCED CORRECTIONAL,MED-HOSP PRISONERS 12 .39 ALLENS OF HASTINGS INC, JAIL SUPPLIES 12.50 BERTS REXALL DRUGS INC,MED-HOSP PRISONERS 650.84 BUFFALO COUNTY SHERIFF OFFICE ,BOARD OF PRISONERS - FOOD 2,218. 16 CASH WA DISTRIBUTING,BOARD OF PRISONERS - FOOD 1, 471.77 CLAY COUNTY SHERIFF,BOARD OF PRISONERS - FOOD 2, 610.00 STATE OF NEBRASKA,MED-HOSP PRISONERS 2, 541.79 STATE OF NEBRASKA,BOARD OF PRISONERS - FOOD 13,274.20 EAKES OFFICE SOLUTIONS, JAIL SUPPLIES 389.22 HALL COUNTY DEPT OF CORRECTION,BOARD OF PRISONERS - FOOD 6,245.00 HALL COUNTY DEPT OF CORRECTION,MED-HOSP PRISONERS 916.54 HALL COUNTY DEPT OF CORRECTION,BOARD OF PRISONERS - FOOD 5,729.00 HALL COUNTY DEPT OF CORRECTION,MED-HOSP PRISONERS 2,762. 16 HOMETOWN LEASING,OFFICE EQUIPMENT 175.78 KEEFE SUPPLY COMPANY,COMMISSARY 1, 076.84 KEITHS PHARMACIES,MED-HOSP PRISONERS 68.14 KENESAW MOTOR CO INC,TRAVEL EXPENSES 51.55 MARY LANNING HEALTHCARE,MED-HOSP PRISONERS 2, 094.84 US FOODS INC,BOARD OF PRISONERS - FOOD 675.90 WALMART, JAIL SUPPLIES 15. 99 CITY OF HASTINGS,AMBULANCE COSTS 5,208.33 CITY OF HASTINGS, FEMA GRANT COSTS 3, 853. 10 DAS STATE ACCOUNTING, SP PROJ6-18SHSP-PET GRANT 752 .00 HASTINGS UTILITIES,UTILITIES 526. 93 IDENTIFIRE,SP PROJ1-SHSP-MOU GRANT 130. 95 PRESTO-X,MAINTENANCE AGREEMENTS 39.00 RON PUGHES,CELL PHONES 25.00 DAWNA WHITCOMB,CELL PHONES 25.00 G4S SECURE SOLUTIONS INC, SECURITY CONTRACTS BY 0TH 3, 842 .82 CENTEC CAST METAL PRODUCTS,MISCELLANEOUS 430. 96 HEALTH & HUMAN SERVICES, INSTITUTIONAL COSTS 372.00 FIRST CONCORD BENEFITS GROUP,CAFETERIA PLAN ADMIN FEES 360.00 MIDWEST CONNECT, POSTAL SERVICES 3, 000.00 REGION 3 BEHAVIORAL HLTH SRVCS,MENTAL HEALTH SERVICES AC 6, 894.41 SCEDD, SOUTH CENTRAL ECON. DEVEL 5, 000.00 US POSTAL SERVICE, POSTAL SERVICES 82.45 LYNN FOLCIK,MENTAL HEALTH BOARD COSTS 156.75 BEV PATITZ,MENTAL HEALTH BOARD COSTS 156.75 DEREK TERWEY,MENTAL HEALTH BOARD COSTS 209.00 RUANN ROOT,MENTAL HEALTH BOARD COSTS 209.00 JENIFER KNUTH,MENTAL HEALTH BOARD COSTS 256.50 JOHN C FOLCIK,MENTAL HEALTH BOARD COSTS 47.50 BOB BARKER COMPANY INC, JAIL SUPPLIES 143.82 ROAD - BRIDGE FIVE POINTS BANK,HEALTH REIMBURESMENT ACCO 6, 116.10 ASPEN EQUIPMENT COMPANY,OTHER EQUIPMENT REPAIR 169.52 ASPEN EQUIPMENT COMPANY,EXPRESS/FREIGHT 43.43 AUTO VALUE - HASTINGS,RD EQ REP PARTS 76.82 AUTO VALUE - HASTINGS,SUPPLIES - SHOP 143.76 BAUER BUILT,MACH EQ TIRES & REP 226.58 BIG G COMMERCIAL HARDWARE INC ,BUILDING REPAIR 45.23 CHARTER COMMUNICATIONS, INTERNET SERVICE 199. 98 CINTAS CORPORATION #449,TOWEL/CLEANING AGREEMENTS 64.51 CINTAS CORPORATION #449, JANITORIAL SUPPLIES 31.43 CINTAS CORPORATION #449,TOWEL/CLEANING AGREEMENTS 64.51 CHART ENTERPRISES INC,BLDG/CONTENTS INSURANCE 545.40 FILTER CARE,SUPPLIES - SHOP 183.35 FLEET PRIDE INC, SUPPLIES - ELECTRICAL 861.84 MAXWELL PRODUCTS INC,MATERIALS - ASPHALTIC 11, 173.78 HASTINGS OUTDOOR POWER LLC,OTHER EQUIPMENT REPAIR 80. 97 HASTINGS OUTDOOR POWER LLC, SMALL TOOLS, ETC. 18.70 MCCONNELL CLEANING, JANITORIAL AGREEMENTS 230.00 MENARDS,BUILDING REPAIR 48.30 MUNICIPAL SUPPLY & SIGN CO, SUPPLIES - MISCELLANEOUS 525.00 MUNICIPAL SUPPLY & SIGN CO,EXPRESS/FREIGHT 105.00 42I Page NAPA AUTO PARTS, SMALL TOOLS, ETC. 27. 99 NAPA AUTO PARTS, SUPPLIES - SHOP 28. 98 NAPA AUTO PARTS,RD EQ REP PARTS 3. 68 NAPA AUTO PARTS, SMALL TOOLS, ETC. 25. 69 NAPA AUTO PARTS, SUPPLIES - SHOP 89.70 NAPA AUTO PARTS,RD EQ REP PARTS 133.44 NMC EXCHANGE LLC,RD EQ REP PARTS 924 .18 NMC EXCHANGE LLC,RD EQ REP LABOR 945.00 SANITARY OUTDOOR SERVICE INC, JANITORIAL SUPPLIES 96.25 PLATTE VALLEY OF HASTINGS INC ,RADIO EQUIPMENT 713.00 TITAN MACHINERY INC. ,RD EQ REP PARTS 1,345.45 TRAUSCH DYNAMICS INC,RD EQ REP PARTS 180.35 FED DRUG LAW ENFORCEMENT AMERA-CHEM INC,OFFICE EQUIPMENT 206.80 ESCROW HOLDING FUND AUTO VALUE - HASTINGS,MISCELLANEOUS 334 .11 COMPUTER HARDWARE INC,MISCELLANEOUS 299.00 CONTECH ENGINEERED SOL LLC,MISCELLANEOUS 20,578.00 Lee Hogan Adams County Board Chairman Ramona R.Thomas Adams County Clerk 43IPage