HomeMy WebLinkAbout0502 Minutes for May 2, 2023 Adams County Board of Commissioners
Meeting Minutes
Tuesday,May 2,2023 at 9:30 am
Courthouse,Adams County
A regular meeting of the Adams County Board of Commissioners was held with Chairman Lee Hogan
presiding.
Motion by Johnson, seconded by Stromer that this is an open public meeting of the Adams County
Board of Commissioners. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Reams, Neumann, Patterson
Nays: None
The Pledge of Allegiance was performed.
Chairman Hogan inquired if there were any conflicts of interest. No conflicts of interest were stated.
Roll was taken, roll call members present, Michael Stromer—District 1,Glen Larsen—District 2, Lee
Hogan—District 3 Harold Johnson—District 4,Tim Reams- District 5, Chuck Neumann—District 6,Joe
Patterson—District 7.
Public notice of this meeting, including the public hearing, has been given by publication in the Hastings
Tribune and by posting.The 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.May 2.2023 at 9:30 A.M.
Chairman to request a motion that this is an open public meeting of the Adams County Board of C`oumussioners
Annouurce location of Agenda Si Open Meetings Law postings
Reminder to turn off all cell phones
Pledge of allegiance
Conthcts of Interest
Roll call.
Approval of consent agenda items
• Minutes from previous meeting
• Claims
• Monthly Report of Single Bank Pooled Collateral
• Recognize disbursement of HRa.funds from die Healthcare Fund 41.275)for Fust Concord for
deductible buydowu
• \liscellarreous Receipts
• Officer Reports
Receive C om mlents from the Public
Personnel;Insurance Committee-Presentation hone Zelle Solutions
PersouueLlusurance Committee-Discussion on employee health lnstu.atce renewals.present BCBS Health
Insurance renewal rates.
John Rust-Present for action.the Tri-City Drug Enforcement Team Giant Agreement
Greg Schmidt-Present for possible approval.a contract with Weiner ner Construction Inc.for the overlay of
Prosser Avenue and''CP Street.tbid awarded on April 3,2023 t
Byron Morrow-Present for possible approval.an AC-OB Assembly Room rental request submitted by Margie
Ormsby
Ramona Thomas-Request approval to solicit proposals from certified public accountants to provide auditing
services for the fiscal year ending June 30.2023
Michael Stromer-Present informal bids of vehicles for the Adams County Assessor's office.Possible action
on purchasing of a sehticle
David Bergin-Discussion and possible approval of a Contract with Stephen R.Illil>gworth to perform certain
consulting duties for the C-ounty Board regarding the Public Defender's Office
Closed Session-For the protection of the public interest.to discuss ongoing litigation
This agenda is subject to amending until 9:30 Alit 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 C'outnlissroners.
Last updated on April 27,2023 at 10:57 am
For pan-Eurghsh speaking attendees wishuug to arrange Dora sign laoguage or Darergn language interpreter,please can or fax the County Attorney's
office at Phone.402-461-7240 or Fax 402 461-7241.For hearmg-awaitedindividuals or individuals with otter special needs call or fax the County
Clerks Office at Phone 402 461-7107_or TTY 402 461-7166 or Fax 402-161.7185when regressing an interpreter or services for the hearing
unpaired,please provide at least forty-eight(48)hours advance notice to allow time for making the accommodations
The Board reserves the nght to go mo executive session if such sessoou is clearly necessary for the protection of the public unrest or for the
prevention of needless iutury to the reputation of an mdrvdual
121 ' Page
Chairman Hogan requested a motion to approve the following consent agenda items:
• Minutes form the April 18, 2023 meeting
• Claims to be paid by the county clerk out of their respective accounts
• An officer report submitted by the Clerk of the District Court
Motion by Patterson, seconded by Stromer to approve consent agenda items. Roll Call,Ayes:Stromer,
Larsen, Hogan,Johnson, Reams, Neumann, Patterson Nays: None
Pooled Collateral Report:
BANK COMPLIANCE REPORT Nebraska Bankers
For Month Ending: 3/31/2023 Insurance and
Services Company
FDIC# BANK ROUTING BANK NAME MEETS 102%STATUTORY PLEDGE
NUMBER REQUIREMENT
10400b8S4_ American-National-Sank = Meets.Requirement =
15010 104913284 Columbus Bank and Trust Company Meets Requirement
5496 104900349 Cornerstone Bank, Meets Requirement
11063 053100300 First-Citizens Bank&Trust Company Meets Requirement
104000016 •First-National Bank of Omaha s Meets Requirement
12248 104908956 First Nebraska Bank Meets Requirement
1.3622. . - 104901610 F(rst:State Bank- •> Meets Requirement -.
13868 104909531 First State Bank Nebraska Meets Requirement
X0488 _ 1049016.7$. Fivekb-kikBank Meets Requlremerit -
14312 104905616 Five Points Bank of Hastings Meets Requirement
1063 1049QLG17 ., Flaw?atet Bank Meets Requirement::-;;
17229 104913530 Henderson State Bank Meets Requirement
1434 1041007$3... ---. MNB Bank,? . ...:.• . '= Mee s Requirement . . ... .
34811 104913970 Nebaskaland Bank Meets Requirement
'1116__ 104903498 Nebraska Bank : Meet Requirement -
9819 104108316 Nebraska State Bank Meets Requirement
13832 1041515283 - Sandhi-)fs State Bank.' MBetsAqua[emer►t-
5415 104113819 Security First Bank Meets Requirement
16707,• 104113738 ▪ South Central State=Bank •- -MeetsRequirenient -
12241 104913161 Washington County Bank Meets Requirement
39850 704901584 West Gate:Bahk ...:▪ ,.. Meets Requlremettt
122 Page
Officer Report-Clerk of the District Court
JUSB3419 Adams County Board Page 1
Monthly Fees/Fines Report Date 5/01/2023
From 04/01/2023 to 04/30/2023 Time 10:17:43
Account Description Total Amount
Petition 350.00
Information 75.41
Filing Fee - State 2.00
Automation Fee 184.00
Probation Admn Enrollment Fee 81.00
Probation Fee (Monthly) 323.41
Probation Intensive Supervisio 1,300.00
NSC Education Fee 24.00
Dispute Resolution Fee 18.00
Indigent Defense Fee 72.00
Uniform Data Analysis Fee 23.00
PSC Admin Enrollment Fee 60.00
PSC Supervision Fee 865.00
PSC Local Fee 790.00
Interstate Prob Admin Enrollme 30.00
Interstate Probation Fee (Mont 25.00
PRS Prob Fee (Monthly) 490.00
PRS Admn Enrollment Fee 60.00
Dissolution Fee 150.00
Parenting Act Fund 600.00
J.R.F. 186.00
Filing Fee-JRF 159.00
Crime Victim Fund 2.00
Civil Legal Services Fund 7.00
L.E.I.F. 14.00
Legal Aid/Services Fund 90.00
Legal Aid/Services Fund 143.75
Issuance of Writ 10.00
10% Bond Fee 200.00
Seal Cert/Ruth Copies 1.00
Comp Rec/Records Management Fe 180.00
Photocopy Fees 40.00
Interest on Bank Account 31.14
Court Costs 5.04
County Court Fees 264.59
Service Fees 25.00 i a
Substance Abuse Testing Fees 570.00 ` $ ,
Offender Assessment Screening 10.00
Fines 1,638.83
Sup Ct Filing Fee 129.00 g...- 41 Spousal Support/Alimony 16,056.00 + 1
Property Settlement 17,000.00 `4
Judgment (General) 25,805.65 ,+
Attorney Fees 200.00 El "II
Restitution 715.37 II
Passport Processing Fee-County 2,170.00
HHS Account 2,460.00
Bindover Ten Percent Bond 2,700.00
Bond 1,800.00 � �
Holding Acct 5.98 =� �'
Grand Total 78,142.17
eft a'
ADPL''
Chairman Hogan opened the meeting to receive comments from the public.
No public comments were made and public comment was closed.
Zelle Solutions was not present at their assigned time and the chairman moved to the agenda item of
employee health insurance renewals.
Commissioner Patterson stated the clerk's office provided the health insurance renewal rates from
NACO/BCBS which reflected a 3.98%increase over last year.
Patterson suggested the insurance/personnel committee meet with the clerk's office to discuss funding
for next year and the new dental with orthodontic coverage available.
Clerk Thomas stated the renewal contract with BCBS will be on the May 16,2023 agenda.
123 I Page
County Highway Co-superintendent, Greg Schmidt, presented the board with a construction contract
from Werner Construction Inc,for the overlay of Prosser Avenue and 70th Street.The project was
awarded to Werner Construction during the April 4, 2023 meeting.Schmidt has reviewed the contract
and is requesting board approval.
Motion by Johnson, seconded by Neumann to approve the chairman signing the construction contract
with Werner Construction as presented by Schmidt. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson,
Reams, Neumann, Patterson Nays: None
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT(STIPULATED PRICE)
THIS AGREEMENT is by and between Adams County,Nebraska ("Owner)and
Werner Construction,Inc.,P.O.Box 1087,Hastings,NE 68902:1087 ("Contractor").
Owner and Contractor hereby agree as follows:
ARTICLE 1-WORK
1.01 Contractor shalt complete all Work as specified or indicated in the Contract Documents.The
Work is generally described as follows:
Project includes pavement patching with ythalt.approximately 300 stations of cold milling,
furnishing and placing apprutLraiely 9,315 tam of Asphaltic C ncrrtr.Type SPR and
incidental work,
ARTICLE 2-THE PROJECT
2.01 The Project,of which the Work under the Contract Documents is a part,is generally described as
follows:
2023 Asphalt Resurfacing
Adams County,Nebraska
OCE#14-C-14
ARTICLE 3-ENGINEER
3.01 The part of the Project that pertains to the Work has been designed by Oak Creek Engineering,
P.O.Box 1209,Kearney,NE 68848.
3.02 The Owner will name an Engineer to act as Owners representative,assume all duties and
responsibilities,and have the rights and authority assigned to Engineer in the Contract
Documents in connection with the completion of the Work in accordance with the Contract
Documents.
ARTICLE 4-CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones,if any,Substantial Completion,and completion and readiness
for final payment as stated In the Contract Documents are of the essence of the Contract.
4.02 Contract Tunes:Dotes
A. The Work will be substantially completed on or before October 30.2023 and completed
and ready for final payment in accordance with Paragraph 15.06 of the General Conditions
on or before November 15.2023.
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4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01
above and that Owner wit suffer financial and other losses if the Work is not completed
and Milestones not achieved within the times specified in Paragraph 4.02 above,plus any
extensions thereof allowed in accordance with the Contract.The patties also recognize the
delays,expense,and difficulties involved In proving in a legal or arbitration proceeding the
actual loss suffered by Owner if the Work is rut completed on time.Accordingly,instead of
requiring any such proof,Owner and Contractor agree that as liquidated damages for delay
(but not as a penalty):
1. Substantial Completion:Contractor shall pay Owner$500 for each day that expires
after the time(as duly adjusted pursuant to the Contract)specified In Paragraph
4.02.A above for Substantial Completion until the Work Is substantially complete.
2. Completion of Remaining Work:After Substantial Completion,if Contractor shall
neglect,refuse,or fail to complete the remaining Work within the Contract Times(as
duly adjusted pursuant to the Contract)for completion and readiness for final
payment,Contractor shall pay Owner$500 for each day that expires after such time
until the Work Is completed and ready for final payment.
3. Liquidated damages for falling to timely attain Substantial Completion and final
completion are not additive and will not be imposed concurrently.
ARTICLE 5-CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents the amount that follows,subject to adjustment under the Contract:
A. For at Work,at the prices stated In Contractors Bid,attached hereto as an exhibit.
ARTICLE 6-PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment In accordance with Article 15 of the
General Conditions.Applications for Payment wit be processed by Engineer as provided in
the General Conditions.
6.02 Progress Payments;Retolnage
A. Owner shall make monthly progress payments on account of the Contract Price on the
basis of Contractor's Applications for Payment during performance of the Work as provided
in Paragraph 6.02.A.1 below,provided that such Applications for Payment have been
submitted in a timely manner and otherwise meet the requirements of the Contract.All
such payments will be measured by the Schedule of Values established as provided in the
General Conditions(and in the case of Unit Price Work based on the number of units
completed)or,m the event there Is no Schedule of Values,as provided elsewhere in the
Contract.
1. Prior to Substantial Completion,progress payments will be made in an amount equal
to the percentage indicated below but,in each case,less the aggregate of payments
previously made and less such amounts as Owner may withhold,including but not
limited to liquidated damages,In accordance with the Contract
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124 I Page
a. 9Q percent of Work completed(with the balance being retainage).if the Work has
been 50 percent completed as determined by Engineer,and if the character and
progress of the Work have been satisfactory to Owner and Engineer,then as long
as the character and progress of the Work remain satisfactory to Owner and
Engineer,there will be no additional retainage;and
b. $Q percent of cost of materials arid equipment not incorporated In the Work(with
the balance being retainage).
B. Upon Substantial Completion,Owner shall pay an amount sufficient to increase total
payments to Contractor to 10Q percent of the Work completed,less such amounts set off
by Owner pursuant to Paragraph 15.01.E of the General Conditions,and less 2,0 percent of
Engineer's estimate of the value of Work to be completed or corrected as shown on the
punch list of items to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of
the General Conditions, Owner shall pay the remainder of the Contract Price as
recommended by Engineer as provided in said Paragraph 15.06.
ARTICLE 7–INTEREST
7.01 All amounts not paid when due shall bear interest at the rate of 1A percent per annum or the
maximum allowable rate by law.
ARTICLE 8–CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter Into this Contract, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents,and any data and
reference items identified In the Contract Documents.
B. Contractor has visited the Site,conducted a thorough,alert visual examination of the Site
and adjacent areas,and become familiar with and is satisfied as to the general,local,and
Site conditions that may affect cost,progress,and performance of the Work.
C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect
cost,progress,and performance of the Work.
D. Contractor has carefully studied all:(1)reports of explorations and tests of subsurface
conditions at or adjacent to the Site and all drawings of physical conditions relating to
existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions,especially with respect to Technical Data in such reports and
drawings,and(2)reports and drawings relating to Hazardous Environmental Conditions,if
any,at or adjacent to the Site that have been identified in the Supplementary Conditions,
especially with respect to Technical Data in such reports and drawings.
E. Contractor has considered the information known to Contractor itself; Information
commonly known to contractors doing business in the locality of the Site;Information and
observations obtained from visits to the Site;the Contract Documents;and the Site-related
reports and drawings identified in the Contract Documents,with respect to the effect of
such information,observations,and documents on(1)the cost,progress,and performance
of the Work; (2) the means, methods, techniques, sequences, and procedures of
LICK.C-Sm(N.v.1),a mwtBataeanowner and Contractor for Construction Contrast(stl oI wd Pere).
Copyright O 2013 NetIonsi salary of Prolsalonet amblers.Amedran Council of Engineering Companies.
and Attetken Sadoy of Mil Engineers.AN rights roamed. Pep 3 of 7
construction to be employed by Contractor;and 131 contractor's acatery precautions ana
programs.
F. Based on the information and observations referred to In the preceding paragraph,
Contractor agrees that no further examinations,investigations,explorations,tests,studies,
or data are necessary for the performance of the Work at the Contract Price,within the
Contract Times,and In accordance with the other terms and conditions of the Contract.
G. Contractor is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Contract Documents.
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents,and the written
resolution thereof by Engineer is acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
J. Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.
ARTICLE 9–CONTRACT DOCUMENTS
9.01 Contents •
A. The Contract Documents consist of the following:
1. This Agreement(C-52Q pages Ito Z inclusive).
2. Performance bond(0-610 pages 1 to a,inclusive).
3. Payment bond(C-615 pages 1 to 3 inclusive).
4. Certificate of Insurance.
5. Other bonds.
a. N/A (pages_to inclusive).
6. General Conditions IC-700 pages 1 to 15„.inclusive).
7. Supplementary Conditions(C-800 pages 1 to 9,inclusive).
8. Specifications as listed In the table of contents of the Project Manual.
9. Drawings(not attached but incorporated by reference)
a. Consisting of 2 sheets with each sheet bearing the following general title:
2023 Asphalt Resurfacing
Adams County,NE
OCE#14-C-14
b. Standard Plans as indicated on the Title Sheet of the Drawings.
10. Addenda(numbers N/A to N/A,inclusive).
11. Exhibits to this Agreement(enumerated as follows):
a. Contractor's Bid(C-410 pages'to 4 inclusive).
_ —
.. _
UCDCv C-520(Rev. Apaa+tent Belwwn Wryer and Contractor for ConsLuction Contract(Stipulated Prise).
Cnpydg,t O 2833 National Society of Professional Engineers..American Council of Engineering Comprdr,
and American Society of Clog Engineers.All tights rearmed. Pape of 7
125 I Page
12- The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a Notice to Proceed(C"cxn).
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
B. the documents listed in Paragraph 9,01A are attached to this Agreement lexcept as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may onty be amended,modified,or supplemented as provided in
the General Conditions.
ARTICLE 10—MfSCXIANEOU$
10.01 Terms
A. Terms used In this Agreement wit have the meanings stated in the General Conditions and
the Supplementary Conditions.
10.02 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract,no assignment by a party hereto of
any rights under or interests in the Contract wit be binding on another party hereto
without the written consent of the party sought to be bound;and,specifically but without
limitation,money that may become due and money that Is due may not be assigned
without such consent(except to the extent that the effect of this restriction maybe limited
by law),and unless specifically stated to the contrary in any written consent to an
assignment,no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds Itself,its successors,assigns,and legal representatives to
the other party hereto,its successors,assigns,and legal representatives in respect to all
covenants,agreements,and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under 1. "corrupt practice"means the offering,giving,receiving,or soliciting of arty thing of
any Law or Regulation shall be deemed stricken,and all remaining provisions shall continue value likely to influence the action of a public official in the bidding process or in the
to be valid and binding upon Owner and Contractor,who agree that the Contract Contract execution;
Documents shall be reformed to replace such stricken provision or part thereof with a valid
and enforceable provision that comes as close as possible to expressing the Intention of the 2. "fraudulent practice"means an intentional misrepresentation of facts made(a)to
stricken provision. influence the bidding process or the execution of the Contract to the detriment of
10.05 contractor's Crrtycotions Owner,ib)to establish Bid or Contract prices at artificial non-competitive levels,or(c)
A. Contractor certifies that It has not a to deprive Owner of the benefits of free and open competition;
engaged in corrupt,fraudulent,collusive,or coercive
practices in competing for Or in executing the Contract.For the purposes of this Paragraph 3. "collusive practice"means a scheme or arrangement between two or more Bidders,
10.05: with or without the knowledge of Owner,a purpose of which is to establish Bid prices
at artificial,non-competitive levels;and
4. "coercive practice"means harming or threatening to harm,directly or indirectly,
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w.rpre mu wear icorraw.r.wrhp..x..,noni..191.11 .acs,M.:., Persons or their property to influence their participation in the bidding process or
.r Amon a SocietyelO ,pw„_aarww.re.s.k we.srr affect the execution of the Contract.
•
IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement.
This Agreement will be effective on April 4,2023 (which is the Effective Date of the Contract).
NOTE(S)TO USER:
1. See Article 21 of the Instructions to Bidders and correlate procedures for
format and signing of the documents.
2. The Effective Date of the Contract stated above and the dates of any
construction performance bond(EJCDC°C-610 or other) and construction
payment bond(EJCDC°C-615 or other)should be the same,if possible. In no
case should the date of any bonds be earlier then the Effective Date of the
Contract.
OWNER: CONTRACTOR:
Adams County Nebraska Werner Construction,Inc.
By: Lee Hogan BY: QwltPF. Wer(`ef7 Jr-.
VV
Authorized Signature Author ed Signature
Title: Chairman of the Board Title: t( - k' ,yi J—
(if Contractor is a corporation,o partnership,or a Joint
venture,attach evidenceA \of authority to sign.)
Attest: Attest: ---( 11`i Cie
Title: County Clerk Title: PDB"1eiJ
Address for giving notices: Address for giving notices:
Adams County Clerk Werner Construction,Inc.
500 W 4th Street,Ste 109 P.O.Box 1087
Hastings,NE 68901 Hastings,NE 68902-1087
License No.:
(where applicable)
(If Owner Is a corporation,attach evidence of authority NOTE TO USER; Use in those states or other
to sign.If Owner is a public body,attach evidence of Jurisdictions where applicable or required.
authority to sign and resolution or other documents
authorizing execution of this Agreement.)
EIC DC.C-S20(Rev.1),Agreement Between Owner and Contractor for Construction Contract(Stipulated Price).
Copyright IC 2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Sodety of Civil Engineers.All rights reserved. Page 7 of 7
Page126 ' g e
Commissioner Stromer started discussion on the purchase of new vehicles for the county assessor's
office.Stromer provided quotes received from local dealers.The anticipated purchase price is under
$50,000 for each vehicle.
Extensive discussion occurred regarding the need for county vehicles and if any vehicles were
purchased,where the funds would come from.
Motion by Stromer to approve the purchase of two vehicles from Hastings Ford at a cost of$29,530.00
each using ARPA funds.
No second to the motion was received.Commissioner Stromer withdrew his motion.
Motion by Stromer to purchase one vehicle from Hastings Ford totaling$29,530.00 using ARPA funds.
No second to Stromer's motion was received. Chairman Hogan declared the motion dead.
Adams County Sheriff John Rust presented the board with the Tri-City Drug Task Force Grant Funding
agreement. Rust has reviewed the agreement and is requesting board approval.
Motion by Neumann, seconded by Reams to approve the chairman signing the Tri-City Drug Task Force
Grant Funding agreement as presented by Sheriff Rust. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson,
Reams, Neumann, Patterson Nays: None
Clerk Thomas informed the board that the Nebraska State Auditor's office will not be performing the
2022/2023 audit for Adams County due to limited staffing.Thomas requested approval of advertising for
auditing services by certified public accountants.
Motion by Johnson, seconded by Stromer to direct the county clerk to advertise for bids for 2022/2023
fiscal year auditing services. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Reams, Neumann,
Patterson Nays: None
Adams County Register of Deeds, Byron Morrow, presented the board with an application submitted by
Margie Ormsby to rent the ACOB assembly room on May 28, 2022.The application is complete and the
necessary fee has been collected and Morrow is requesting approval.
Motion by Johnson, seconded by Stromer to approve the ACOB assembly room rental application as
presented by Morrow. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Reams, Neumann, Patterson
Nays: None
Deputy County Attorney, David Bergin, presented the board with an agreement between Adams County
and Stephen Illingworth for consulting services relating to the Adams County Public Defender's office.
The personnel committee has reviewed the agreement and Bergin is presenting it to the board for
action.
Motion by Patterson,seconded by Neumann to approve the agreement between Adams County and
Stephen R. Illingworth. Roll Call,Ayes:Stromer, Larsen, Hogan,Johnson, Reams, Neumann, Patterson
Nays: None
AGREEMENT FOR CONSULTING SERVICES
AGREEMENT made between Adams County ("County"), a political subdivision of the State of
Nebraska, and Stephen R. Illingworth,("Consultant").
WHEREAS,County desires to engage Consultant to perform certain consulting services and
benefit from certain skills and abilities of the Consultant with the aim of providing County with
assistance and support in evaluating the Adams County Public Defender's Office, and
WHEREAS, Consultant has the required expertise and experience and desires to be retained by
County to perform said consulting services, all upon the terms and subject to the conditions
hereafter stated.
NOW,THEREFORE,the parties agree as follows:
127Page
1. Services to Be Performed.
1.1.Office. Consultant agrees to evaluate and assess the current office structure,
organization,processes and people of the Adams County Public Defender's Office
("Office")and provide recommendations including but not limited to those related to
staffing requirements(both attorneys and support staff),recruitment of new personnel,
compensation structure,whether staff should be full-time or part-time,general operations
of the Office,and processing of caseloads,to improve the administration,efficiency,and
effectiveness of the Office.
1.2.Elected Official. Consultant agrees to evaluate and assess the current structure of the
elected official position as it relates to part-time or full-time,and compensation,or whether
the Office of the Public Defender should revert to an appointed position and make
recommendations associated therewith. If a recommendation to revert to an appointed
position,Consultant agrees to make recommendations as to position structure and
compensation for such appointed position.
1.3. Other Recommendations. Nothing contained herein prohibits Consultant from
making any other recommendations to County relating to other than what has been
previously been noted herein including a comparable compensation structure with the
Adams County Attorney's Office,should information associated therewith come to
attention of Consultant in the course of Consultant's assessment of the Office.
1.4. Written Report. Consultant agrees to provide to County a written report
encapsulating the results of Consultant's evaluation and assessment as set forth in this
section along with all recommendations resulting therefrom. Said report shall be received
from Consultant to County by addressing same to the Adams County Board of
Commissioners within a reasonable period of time following conclusion of evaluation and
assessment period. All notes,memoranda,conespondence,records,documents and other
tangible items made by the Consultant in the course of providing the Services will be and
remain at all times the property of County.
2. Term. This Agreement shall commence on the execution of this agreement by the authorized
signature of both parties and shall terminate on the earlier of the date Consultant completes the
Services required by this Agreement or the County or Consultant terminates this Agreement
giving 7 days'written notice to the other party of the intent to terminate.
3. Fee for Work. In consideration for the Services to be Performed by Consultant,County
agrees to pay Consultant$150.00 per hour not to exceed$2,000 for the total project. Consultant
shall be paid within a reasonable time after Consultant submits an invoice to County. The
invoice should include:the dates covered by the invoice,a summary of the work performed,any
other information or details in accordance with this Agreement and shall be submitted to County
do the Adams County Clerk. Consultant agrees to submit invoices within 90 days of when
service is provided regardless whether all services as required by this Agreement are completed.
All expenses shall be borne by Consultant unless prior approval is obtained from County.
4. Independent Contractor. It is understood and agreed between the parties that the
Agreement is not intended to nor does it create an employment contract between County,on the
one hand,and Consultant,on the other,nor does it create a joint relationship or partnership
between the parties hereto. Consultant is not entitled to benefits that County provides for County
employees.Consultant's relationship to County is solely and exclusively that of an independent
contractor.County is interested only in the results to be achieved and the conduct and control of
the Services performed shall be solely with Consultant.
5. Withholding.Consultant is solely and exclusively responsible for the satisfaction of
Consultant's own local,state,and federal income tax and Social Security withholding that may
be applicable to the amounts payable by County under this Agreement.
6. Entire Agreement. This Agreement is the complete understanding between County and
Consultant. Any modification or amendment of this Agreement shall be in writing and shall
become effective if and when signed by both Parties.
Adams County,Nebraska Consultant
Date: Date: /J 6 I , 21}.Z,a 23
Lee I-logan,Chairman Stephen R.Illingwor
Adams County Board of Supervisors
Attested by:
Ramona Thomas
Adams County Clerk
128IPage
Zelle Solution representatives Kate Abendroth and Stephanie Ledbetter gave the board a presentation
of HR services that Zelle Solutions can provide for the county.
Zelle Solutions will be meeting with the personnel committee and the clerk's office to further discuss
what HR services the county needs.
Motion by Patterson, seconded by Johnson to meet in closed session to discuss ongoing litigation. Roll
Call,Ayes:Stromer, Larsen, Hogan, Reams, Patterson Nays: None Abstaining:Johnson, Neumann
Entered closed session at 10:29 am
Motion by Johnson, seconded by Stromer to resume regular session. Roll Call,Ayes:Stromer, Larsen,
Hogan,Johnson, Reams, Neumann, Patterson Nays: None
Regular session resumed at 10:53 am
Board adjourned by unanimous consent.
COUNTY GENERAL
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 263.25
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 555.75
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 955.50
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 469. 96
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 487 .50
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 283.73
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 703. 96
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 97 .50
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 97.50
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 331.50
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 429.00
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 2, 148. 92
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 1,200.23
ADAMS COUNTY TREASURER,VICTIMS ASSISTANCE PROGRA 195.00
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 2, 589. 63
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 97.50
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 165.75
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 186.23
WOODS & AITKEN LLP, SPECIAL ATTORNEY 15, 770.00
US POSTAL SERVICE, POSTAL SERVICES 290.00
MIDWEST CONNECT, POSTAL SERVICES 3, 000.00
REGION 3 BEHAVIORAL HLTH SRVCS,MENTAL HEALTH SERVICES AC 6, 894 .41
MIPS,BUDGET PREPARATION COSTS 47.27
MIPS, DATA PROCESSING COSTS 347.50
FIRST CONCORD BENEFITS GROUP,CAFETERIA PLAN ADMIN FEES 375.00
SOUTH HEARTLAND DIST HEALTH,HEALTH DEPT CONTRACT 1,250.00
SPOUSE ABUSE SEXUAL ASSAULT, SASA (DOMESTIC ABUSE) 6,250.00
RSVP, SENIOR CITIZEN PROGRAM 2, 500.00
REVIVE INC,ABUSE PROGRAM 2, 500.00
MIDLAND AREA AGENCY ON AGING,AREA AGENCY ON AGING COST 7, 400.50
MID-NEBRASKA INDIVIDUAL SERV, DEVELOPMENTALLY DSBLD SER 15, 682.00
MEALS ON WHEELS, SENIOR CITIZEN PROGRAM 4,500.00
HEARTLAND PET CONNECTION,HUMANE SOC EXP 3, 500.00
HASTINGS ECONOMIC DEVELOPMENT ,ECONOMIC DEVELOPMENT 10, 000.00
CASA,CASA 18, 000.00
ASAAP,ALCOHOLISM SERVICES ACT C 5, 000.00
NEBRASKA PUBLIC HLTH EVIRO LAB,COURT RELATED COSTS 128.25
HEALTH & HUMAN SERVICES, INSTITUTIONAL COSTS 1, 762.00
ADAMS COUNTY TREASURER, INTER-FUND TRANSFERS 776,757 .25
ALLIED UNIVERSAL, SECURITY CONTRACTS BY 0TH 1, 071. 62
STILLWATER TECHNOLOGIES LLC,MAINTENANCE AGREEMENTS 480.00
HASTINGS UTILITIES,UTILITIES 481.57
HASTINGS FORD-LINCOLN,EQ REPAIRS COM 233.79
CITY OF HASTINGS, FEMA GRANT COSTS 3, 606.88
CITY OF HASTINGS,TELEPHONE 4 .72
CITY OF HASTINGS,AMBULANCE COSTS 5,208.33
QUILL CORPORATION, SUPPLIES - OFFICE 32 .99
NEBRASKA TECH & TELECOM INC,TELEPHONE SERVICES 150.07
MIDWEST CONNECT, POSTAL SERVICES 44.32
EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 104. 19
CENTURY LINK,TELEPHONE SERVICES 156. 67
129 I Page
JOSEPH BUDNICK,MISCELLANEOUS 63. 93
WILLIAMS EXTERMINATING CO,MISCELLANEOUS 28 .00
US FOODS INC,BOARD OF PRISONERS - FOOD 925. 95
NE LAW ENFORCEMENT TRNG CENTER, DUES,SUBS,REGIST,TRAINING 216.00
STATE OF NEBRASKA,MED-HOSP PRISONERS 2,757 .51
STATE OF NEBRASKA,BOARD OF PRISONERS - FOOD 8, 312.20
MIPS,MISCELLANEOUS 68. 90
MARY LANNING HEALTHCARE,MED-HOSP PRISONERS 164 .86
MARY LANNING HEALTHCARE,MED-HOSP PRISONERS 2, 103.89
ADAMS COUNTY JAIL/SHERIFF,BOARD OF PRISONERS - FOOD 1, 712. 17
ADAMS COUNTY SHERIFF REVOLVING,MED-HOSP PRISONERS 19. 98
ADAMS COUNTY SHERIFF REVOLVING, JAIL SUPPLIES 228.72
AUCA CHICAGO LOCKBOX,MISCELLANEOUS 332.27
BERTS PHARMACY,MED-HOSP PRISONERS 64 .08
BIG G COMMERCIAL HARDWARE INC , JANITORIAL SUPPLIES 48.32
CASH WA DISTRIBUTING,BOARD OF PRISONERS - FOOD 3, 675.98
CENTRAL DENTAL GROUP,MED-HOSP PRISONERS 736.00
CRAWFORD SUPPLY CO,COMMISSARY 124.08
EAKES OFFICE SOLUTIONS, JANITORIAL SUPPLIES 68 . 97
GALLS LLC, PROVISIONS & CLOTHING 23.77
GRACES LOCKSMITH SERVICES,SAFETY EQUIPMENT 62.50
HASTINGS RADIOLOGY ASSOC PC,MED-HOSP PRISONERS 39.00
HASTINGS TRIBUNE,DUES, SUBS,REGIST,TRAINING 180.00
JIM' S U-SAVE PHARMACY,MED-HOSP PRISONERS 33.59
KEEFE SUPPLY COMPANY,COMMISSARY 1, 311.32
KEITH'S DRIVE IN DRUG,MED-HOSP PRISONERS 408.32
KENESAW MOTOR CO INC,TRAVEL EXPENSES 74.24
ALLO COMMUNICATIONS, INTERNET SERVICE 210.00
ALLO COMMUNICATIONS,TELEPHONE SERVICES 1, 130.25
ALLO COMMUNICATIONS, INTERNET SERVICE 641.47
CHARTER COMMUNICATIONS, INTERNET SERVICE 399.00
DAS STATE ACCOUNTING,EQUIPMENT RENTAL - OFFICE 704 .00
VERIZON WIRELESS,OFFICE EQUIP. REPAIR 133.51
VERIZON WIRELESS,OFFICE EQ REPAIR 1, 000.00
WINDSTREAM,TELEPHONE SERVICES 427 .78
WINDSTREAM,TELEPHONE SERVICES 150.00
WINDSTREAM,TELEPHONE SERVICES 316.80
ADAMS COUNTY ATTORNEY,COURT RELATED COSTS 12 .00
EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 77 .14
HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 627.43
SOFTWARE UNLIMITED, DATA PROCESSING COSTS 2, 447.40
WEBSTER COUNTY SHERIFF, JUVENILE COURT COSTS 33.81
YORK COUNTY SHERIFF,COURT RELATED COSTS 41.26
ADAMS COUNTY SHERIFF REVOLVING,ENGINEERING & TECHNICAL E 576.00
ADAMS COUNTY SHERIFF REVOLVING, SHERIFF COSTS 636.06
CONSOLIDATED MANAGEMENT CO,MILEAGE ALLOWANCE 45. 65
COVERT MEDIA CONSULTING LLC,DUES, SUBS,REGIST,TRAINING 75.00
EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 25. 19
GALLS LLC, SHERIFF COSTS 372 . 98
JANITOR INC, JANITORIAL AGREEMENTS 567 . 68
KENESAW MOTOR CO INC,EQUIPMENT - FUEL 85.75
LYNN PEAVEY COMPANY, SHERIFF COSTS 124. 65
MIPS,MISCELLANEOUS 68 .90
MARY LANNING HEALTHCARE, SHERIFF COSTS 24 .00
NAPA AUTO PARTS,EQUIPMENT - FUEL 251. 97
NEBRASKA PUBLIC HLTH EVIRO LAB, SHERIFF COSTS 105.00
WILLIAMS EXTERMINATING CO,MISCELLANEOUS 18 .00
MIPS,MISCELLANEOUS LABOR 533.10
MIPS,EQUIPMENT RENTAL - OFFICE 190.00
ARNOLD MOTOR SUPPLY LLP, FORK LIFT 60. 99
BIG G COMMERCIAL HARDWARE INC , FORK LIFT 3.59
EAKES OFFICE SOLUTIONS, JANITORIAL SUPPLIES 344 .40
GRACES LOCKSMITH SERVICES,BLDG REPAIR-ACOB 112.50
LANDMARK IMPLEMENT INC, FORK LIFT 56.70
MENARDS,BUIDING & GROUNDS SUPPLIE 39.89
MENARDS, FORK LIFT 24. 95
MENARDS, SUPPLIES - SHOP 34.08
MENARDS,MISCELLANEOUS 6.76
WOODWARDS DISPOSAL SERVICE,GARBAGE 591. 90
BOCKSTADTER & GLEN LAW LLC,ATTRNY FEES-COURT APPOINT 805.50
FYE LAW OFFICE,ATTRNY FEES-COURT APPOINT 6,264 .56
GODING LAW LLC,ATTRNY FEES-COURT APPOINT 707.75
130 1 Page
SKALKA & BAACK LAW FIRM,ATTRNY FEES-COURT APPOINT 2, 793.00
SULLIVAN SHOEMAKER PC LLO,ATTRNY FEES-COURT APPOINT 12, 937.50
DEREK TERWEY,ATTRNY FEES-COURT APPOINT 11, 186.50
THEOBALD LAW OFFICE,ATTRNY FEES-COURT APPOINT 3, 097 .30
EAKES OFFICE SOLUTIONS, SUPPLIES - OFFICE 483.71
JUSTICE WORKS LLC, SUPPLIES - OFFICE 150.00
CHRISTINA THORNTON,ATTRNY FEES-COURT APPOINT 123.50
ADAMS COUNTY CLERK OF DIST CRT, DISTRICT COURT COSTS 970.00
EAKES OFFICE SOLUTIONS,EQUIPMENT RENTAL - OFFICE 63.79
RIVERSIDE SHERIFFS OFFICE,DISTRICT COURT COSTS 40.00
RUSS'S MARKET, JUROR FEES 32 .06
DEREK TERWEY,MENTAL HEALTH BOARD COSTS 104 .50
RUANN ROOT,MENTAL HEALTH BOARD COSTS 104 .50
MICHELLE R. SMITH,MENTAL HEALTH BOARD COSTS 104 .50
COMPUTER CONSULTANTS INC, DATA PROCESSING EQUIPMENT 2, 336.26
COMPUTER CONSULTANTS INC, DATA PROCESSING COSTS 166.40
HOMETOWN LEASING,COPY MACH RENT 196.27
NACO, DUES, SUBS,REGIST,TRAINING 125.00
ROAD - BRIDGE
ADAMS COUNTY TREASURER,HEALTH REIMBURESMENT ACCO 3, 408 .63
ACE/EATON METALS, INC,MATERIALS - CULVERTS 4, 371.50
AIRGAS USA LLC,EXPRESS/FREIGHT 12. 95
AIRGAS USA LLC,MISCELLANEOUS 98.71
ARNOLD MOTOR SUPPLY LLP,SUPPLIES - SHOP 102.32
ARNOLD MOTOR SUPPLY LLP,RD EQ REP PARTS 75.23
ARNOLD MOTOR SUPPLY LLP, SMALL TOOLS, ETC. 259.99
ARNOLD MOTOR SUPPLY LLP,RD EQ REP PARTS 43. 92
ARNOLD MOTOR SUPPLY LLP,EQUIPMENT - FUEL 1, 039.20
ARNOLD MOTOR SUPPLY LLP,RD EQ REP PARTS 19.36
ARNOLD MOTOR SUPPLY LLP, SUPPLIES - SHOP 100.84
ARNOLD MOTOR SUPPLY LLP,MACH EQ GREASE OIL 11.99
ARNOLD MOTOR SUPPLY LLP, SHOP TOOLS 409.99
ARNOLD MOTOR SUPPLY LLP, SUPPLIES - SHOP 12 .34
ARNOLD MOTOR SUPPLY LLP,MACH EQ GREASE OIL 11. 99
BAUER BUILT,MACH EQ TIRES & REP 3, 155.00
BGNE, SUPPLIES - SHOP 25. 64
BGNE,EQUIPMENT - FUEL 741.48
BGNE,MACH EQ GREASE OIL 16.38
BIG G COMMERCIAL HARDWARE INC ,MISCELLANEOUS 23.77
BIG G COMMERCIAL HARDWARE INC , JANITORIAL SUPPLIES 79. 96
CHARTER COMMUNICATIONS, INTERNET SERVICE 40. 92
CINTAS CORPORATION #449, JANITORIAL SUPPLIES 22 .26
CINTAS CORPORATION #449,TOWEL/CLEANING AGREEMENTS 86.40
HASTINGS OUTDOOR POWER LLC,RD EQ REP PARTS 100.00
HASTINGS OUTDOOR POWER LLC, SUPPLIES - SHOP 53. 96
HOMETOWN LEASING,EQUIPMENT RENTAL - OFFICE 158. 96
ISLAND SUPPLY WELDING CO,EXPRESS/FREIGHT 15.00
ISLAND SUPPLY WELDING CO,WELDING SUPP/CHAINS 68 .47
ISLAND SUPPLY WELDING CO,EXPRESS/FREIGHT 15.00
ISLAND SUPPLY WELDING CO,WELDING SUPP/CHAINS 67.05
LYCOX ENTERPRISES, EXPRESS/FREIGHT 50.00
LYCOX ENTERPRISES, RD EQ REP PARTS 1, 100.00
MENARDS, BUILDING REPAIR 31.37
MIDWEST ALARM SERVICES,MAINT.WORK BY OTHER 318 .00
MIDWEST ALARM SERVICES,MISCELLANEOUS 110.00
NAPA AUTO PARTS,RD EQ REP PARTS 49.22
NAPA AUTO PARTS, SUPPLIES - SHOP 47. 92
NEBRASKA TRUCK CENTER,RD EQ REP LABOR 3,292.04
NMC EXCHANGE LLC,RD EQ REP PARTS 912. 90
POWER PLAN,EXPRESS/FREIGHT 15.50
POWER PLAN,RD EQ REP PARTS 228 .01
POWER PLAN,EXPRESS/FREIGHT 22 .00
POWER PLAN,RD EQ REP PARTS 608 .55
SANITARY OUTDOOR SERVICE INC, JANITORIAL SUPPLIES 86.75
TITAN MACHINERY INC. ,RD EQ REP PARTS 14.50
TOM DINSDALE,RD EQ REP PARTS 306.40
WEBSTER COUNTY NEBRASKA,BITUMINOUS SURFACE CONTRA 30, 152.92
ROAD/BRIDGE BUYOUT PROGRAM
ROADS SPECIAL FUND
RURAL RD IMP DST 2013/1Y
COUNTY VISITORS PROMOTIONS
VISITORS IMPROVEMENT FUND
131IPage
PRESERVATION & MODERNIZATION
MIPS,MISCELLANEOUS LABOR 382. 47
MIPS, DATA PROCESSING COSTS 468 .58
MIPS,MISCELLANEOUS LABOR 382.47
MIPS,DATA PROCESSING COSTS 468 .58
INHERITANCE TAX
ADAMS COUNTY HISTORICAL SOC,HISTORICAL SOC 6,200.00
LAW ENFORCEMENT CENTER
BECKENHAUER CONSTRUCTION INC,BUILDING CONSTRUCTION/REP 1, 985, 305. 15
COMPUTER CONSULTANTS INC, DATA PROCESSING EQUIPMENT 35,286.00
HASTINGS UTILITIES,UTILITIES 2, 015.79
MIDWEST STORAGE SOLUTIONS INC , FURNITURE/REMODELING 58,809.02
JUVENILE SERVICES
CENTRAL MEDIATION CENTER, JUV GRANT COMMUNITY, 19-CB 4, 443.42
CASA,JUV GRANT COMMUNITY, 19-CB 86,714 .39
JAIL BONDS-JUSTICE CENTER
BOK FINANCIAL, INTEREST PAYMENT 662, 167.50
HIGHWAY BONDS
BOK FINANCIAL, INTEREST PAYMENT 8, 962.50
BOK FINANCIAL,MISCELLANEOUS 200.00
ESCROW HOLDING FUND
COOPERATIVE PRODUCERS INC,MISCELLANEOUS 10, 047 . 19
COMPUTER CONSULTANTS INC,MISCELLANEOUS 8, 064.00
ALL MAKES OFFICE EQUIPMENT CO ,MISCELLANEOUS 23.00
FEDERAL SURPLUS PROPERTY,MISCELLANEOUS 450.00
GALLS LLC,MISCELLANEOUS 3, 143.36
FEDERAL SURPLUS PROPERTY,MISCELLANEOUS 15, 000.00
QUILL CORPORATION,MISCELLANEOUS 659.98
SAFE RESTRAINTS INC,MISCELLANEOUS 5, 573.12
Lee Hogan
Board Chairman
Ramona R. Thomas
Adams County Clerk
132 1 P age