Commission Minutes
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OFFICIAL
COMMISSION MINUTES
FEBRUARY 5th, 2018 7th DAY OF
THE JANUARY ADJOURN TERM
PRELIMINARY STUDY
The County Commission met in the Commission Conference Room at 8:44 a.m. with Mike
Scofield (present), Brandon Williams (absent), and Sheila Wyatt (present).
The Commission met to review the day’s agenda.
Prayer and Pledge
FORMAL AGENDA
The County Commission met in the Commission Hearing Room at 9:08 a.m. with Mike Scofield
(present), Brandon Williams (teleconference), and Sheila Wyatt (present).
PUBLIC COMMENT
None.
CALL TO ORDER
Presiding Commissioner Scofield called the Commission meeting to order at 9:09 a.m.
COMMISSION REMARKS
None.
APPROVE ACCOUNTS PAYABLE
Commissioner Wyatt moved to approve Checks #448348 thru #448412, two journal entries and
no warrants. Commissioner Williams seconded the motion. The motion passed by vote: Scofield
(aye), Williams (aye), and Wyatt (aye).
APPROVAL OF PAYROLL
Commissioner Wyatt made a motion to Approve Payroll. Commissioner Williams seconded the
motion. The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
APPROVE PREVIOUS MEETING MINUTES
Commissioner Williams moved to Approve Previous Meeting Minutes for January 29th, 2018.
Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams
(aye), and Wyatt (aye).
Commissioner Wyatt moved to approve Executive Session Minutes for January 29th, 2018.
Commissioner Williams seconded the motion. The motion passed by vote: Scofield (aye),
Williams (aye), and Wyatt (aye).
BOARD APPOINTMENT - BOARD OF ADJUSTMENT
There are three applicants for the term of January 1st, 2018 to December 31st, 2021 for a four
year term. The applicants are David Herd, Rosalind Slavik, and Neil Murphy.
Scott Starrett, Planning and Zoning Administrator, was present to answer any questions about the
applicants.
Discussion ensued.
Mr. Starrett recommended Mr. Herd.
Commissioner Williams moved to appoint Mr. Herd to the Board of Adjustment for a four year
term starting January 1st, 2018 thru December 31st, 2021. Commissioner Wyatt seconded. The
motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
Presiding Commissioner ; Eastern Commissioner^ O • Western Commissioner
EARLY RETIREMENT/INSURANCE DISCUSSION
Presiding Commissioner Scofield received an email back from Mr. Akers who still does not have
all the answers back from multiple questions.
Presiding Commissioner Scofield wants to table till questions get answered.
Discussion ensued.
Commissioner Wyatt made a motion to table the Early Retirement Discussion until the
Commission hears from their provider. Commissioner Williams seconded. The motion passed by
vote: Scofield (aye), Williams (aye), and Wyatt (aye).
INTERGOVERNMENTAL COOPERATIVE AGREEMENT - CITY OF HOLLISTER
File #18-005CM
Presiding Commissioner Scofield read a letter from Travis Elliot, Taney County Commission
Attorney, who read the Intergovernmental Cooperative Agreement and approved to form as
revised.
IN TERGO V ERN M EN TAL CO O PERA TIV E A G REEM ENT a. General clean-up and maintenance of Hangar No. 1. The City will consult
with the Airport Manager regarding determination o f items to be disposed of
THIS AGREEMENT, made and entered into on this l fl day o f February, 2018, by and as a result of clean-up activities in the Premises.
between Taney County, Missouri (“County”), a count)' o f the first classification, and the City of b. Restore propane tank and restrooms in proper working order,
Hollister, Missouri (“City"), a city of the fourth classification. c. Replace East overhead bi-fold door and repair interior lighting, including
fixtures, in the portion of Hangar No. 1 occupied by the City;
WHEREAS, section 70.220, RSMo, permits political subdivisions to contract and d. Repair and maintain access roadway leading to west end of the facility;
cooperate with one another for the planning, development, construction, acquisition or operation e. Remove and maintain vegetation at and near the airport runway and ramp;
of any public improvement or facility or common service; and f. Repair and maintain the roof of Hangar No. 1 in a good and workmanlike
manner, including the front office, and all aspects o f demolition for the former
WHEREAS, the City desires to utilize and occupy Hangar No. 1 for general operations front office.
and storage at the Graham-Clark Airport in consideration for performing certain maintenance The City acknowledges and agrees that all work performed under this paragraph shall be
and repair at the facility and the County desires to permit the City to utilize and occupy the subject to the inspection and approval by representatives of the County.
premises on the terms and conditions set forth in this Agreement; and
6. Ixeal Requirements. To the extent that the City utilizes contractors or a labor
NOW , THEREFORE, in consideration o f the mutual promises and covenants set forth force that are not employees o f the City to perform the obligations of the City under paragraph 5,
herein, the parties agree as follows: the City agrees to comply with all relevant and applicable legal requirements, including but not
limited to:
1. Term. The term o f this Agreement shall be from M arch 1, 2018, to M arch 1,
2020. The term o f this Agreement may be extended by the parties, on a monthly basis, at the a. Compliance with bidding and advertising requirements;
option o f the parties, on the same terms and conditions as the initial term. A party shall provide b. Compliance with prevailing wage requirements;
at least thirty (30) days’ advance notice o f its desire to extend the term o f the Agreement prior to c. OSHA training requirements under section 292.675, RSMo.;
the expiration of the then current term. d. Federal work authorization program requirements;
e. Proof of lawful presence;
2. Use o f Hangar. County agrees to permit City to utilize Hangar No. 1 at the f. Prompt Payment Act under section 34.057, RSMo.;
Graham-Clark Airport (the “Premises”) during the term o f this Agreement for the storage of g. Payment Bond requirements.
maintenance equipment and an office in consideration for the obligations set forth in paragraph The City shall consult with representatives o f the County to ensure that all applicable
3, below. City shall use the Premises solely for these purposes and no other and shall comply legal requirements arc satisfied with respect to work performed by or on behalf of the City.
with all applicable laws, ordinances, and statutes during the term o f this Agreement. City may
not assign or permit the use o f the Premises by others. City shall maintain insurance against 7. Insurance. The County shall maintain casualty insurance on the Premises during
damage to the contents and personal property stored in the Premises. The City agrees and the term o f this Agreement.
acknowledges that County may store equipment at Hangar No. 1 during the term o f this
Agreement. 8. Assignment. This Agreement may not be assigned by either party without written
consent by the other party.
3. Hangar Alterations and Signage. During the term o f this Agreement, City shall
not remove or alter the exterior o f the Premises and additions thereto without the written consent 9. Termination. Either party may terminate this Agreement at any time, with or
o f County. without cause, during the term, by providing thirty (30) days advance written notice of
termination for any o f the following reasons or under any o f the following circumstances:
4. Damage to Premises. City shall cany general liability insurance on the Premises
in an amount as agreed to by the parties, and property insurance for the Premises. City shall a. Due to a material breach o f any term or condition o f this agreement, or
maintain insurance against damage to the contents and personal property stored therein.
b. If in the opinion o f the Taney County Commission delivery o f products is
5. Obligations o f City. The City agrees to provide the following services during the delayed or products delivered are not in conformity with requirements,
term o f this Agreement: specifications or variances authorized by County, or
1 156
Presiding Commissioner /} % £ ; Eastern Commissioner___Western Commissioner
c. If appropriations arc not made available and budgeted for any calendar 16. Governing Law: Venue. This Agreement shall be governed by the laws o f the
year. state o f M issouri. Venue for any dispute arising out o f the formation, interpretation, or claim s
regarding a breach o f this Agreement shall be solely and exclusively in the Circuit Court of
City agrees to remove all personal property o f the City from the Premises and to forfeit Taney County, Missouri.
the Premises in a condition substantially sim ilar to its original condition, usual wear and tear
excepted, within sixty (60) days from the date o f noticc o f termination o f this Agreement by 17. Authority. The parties represent and warranty that all actions necessary in order
either party. Any and all personal property and fixtures o f City remaining on the Premises at the to create a legal, valid, and binding agreem ent between the parties have been taken.
termination o f the Agreement shall be deemed by the County to be abandoned property and shall
be disposed o f as deemed appropriate by the County. City shall thereafter have no right or claim
against the County for disposal o f any personal property or fixtures remaining on the Premises at IN W ITNESS W HEREOF, the parties hereto have caused this Agreement to be executed
the termination o f the Agreement, and by this provision, City consents to disposal o f any and all by their representative officers or officials.
property remaining on the Premises in such manner as County deems appropriate.
T H E C IT Y O F H O LLIST ER
10. Notices. All notices, dem ands and requests to be given hereunder by either party
shall be in writing and must be sent by certified mail and shall be deemed properly given if
tendered at the addresses set forth below or at such other address as either party shall designate
by written notice to the other By: DAVID G. TATE
M AYOR
If to County: Taney County Commission
P.O. Box 1086
Forsyth, Missouri 65653 I M J
If to City: City o f Hollister
P.O. Box 638 b
Hollister, M issouri 65673 BRIDGET EPPS
11. Binding Effect. This Agreement shall be binding upon the parties hereto and their
successors and assigns for so long as this Agreement remains in full force and effect.
12. Amendments. This Agreement may not be amended, altered, or modified except TA N EY CO U N TY , M ISSO U RI!
by an instrument in writing duly executed by the parties hereto.
13. Severability. If any provision o f this Agreement or any application thereof is 'T rtd t J b l l j ! '
By: M IKE SCOFIELtf
determined by a court o f competent jurisdiction to be invalid, illegal, or unenforceable in any PRESIDING COM M ISSIONER
respect, the validity, legality, and enforceability o f the remaining provisions or any application
thereof shall not be affected or impaired.
14. Section Headings. Section headings are for convenience only and shall have no
legal effect or significance.
15. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes any prior negotiations, written or verbal, and any other bid or bid TANEY CO U NTY CLERK
specifications or contractual agreement.
Commissioner Wyatt made a motion to approve the Intergovernmental Cooperative Agreement
between the City of Hollister and Taney County, file #18-005CM. Commissioner Williams
seconded the motion. The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt
(aye).
TANEY COUNTY DETENTION CENTER - TYCO SIMPLEX - GRINNELL, INC
File #18-001S
Presiding Commissioner Scofield read a letter dated February 1st, 2018 from Mr. Elliot who
reviewed the agreement for the Taney County Detention Center and approved the agreement to
form.
Sheriff Russell appeared before the commission to answer questions concerning this agreement.
AGREEMENT
fo r to pay interest at a rate of 9% per annum on disputed amounts withheld commencing from the last date
Taney County Detention Center tliat payment was due.
Hardware & Software Repair, Rcplacc, or Update / Installation & Post Installation Services 6. Binding Effect. This agreement shall be binding upon the parties hereto and their successors
THIS AGREEMENT (“Agreement") dated the ^ day ofT f j p f lACXAJ 201% is made and assigns for so long as this agreement remains in full forcc and effect.
between Taney County, Missouri, a political subdivision o f the State of Missouri (hercjM er “County") 7. Entire Agreement. This Agreement constitutes the entire agreement between the parties and
and Tyco Simplcx-Grinnell, Inc., of Springfield, Missouri 65807 (hereinafter “Contractor”). supersedes any prior negotiations, written or verbal, and any other bid or bid specification or contractual
NOW, THEREFORE IN CONSIDERATION of the mutual agreements and obligations of the agreement. This Agreement may only be amended by a signed writing executed with the same formality
as this agreement.
parties contained herein, the parties agree as follows:
8. Termination. This Agreement may be terminated by the County upon thirty days advance
1. Contract Documents. The Contract Documents to this Agreement for the Taney County written noticc for any of the following reasons or under any of the following circumstances:
Detention Center, Hardware & Software Repair, Replace, or Update / Installation & Post Installation
Services (“Services and Equipment”) shall include the Contractor’s Quote in response to County’s a. Due to a material breach of any term or condition of this agreement, or
Request, Reference # 333414321 (the “Quote") and Contractor Scope of Work document, which are
attached hereto and incorporated herein by reference. Service or product data, specifications and b. If in the opinion of the Taney County Commission delivery of products is delayed or products
literature submitted may be permanently maintained in the County Purchasing Office. In the event of a delivered are not in conformity with specifications or variances authorized by County, or
conflict between any of the foregoing Contract Documents and this Agreement, the terms and conditions
of this Agreement shall prevail and control. c. If appropriations are not made available and budgeted for any calendar year.
2. Contract Price. All services, repairs, installation, and materials provided under this Agreement 9. Governing Law: Venue. This Agreement sliall be governed by the laws of the state of
shall not exceed the price as quoted of: $299,048.00. All charges and costs arc covered through Missouri. Venue for any dispute arising out of the formation, interpretation, or claims regarding n breach
cooperative purchasing County membership #26250 with NJPA (National Joint Powers Alliance), and of this Agreement shall be solely and exclusively in the Circuit Court of Taney County, Missouri.
the NJPA National Contract #031913-SGL with Contractor. IN WITNESS WHEREOF the parties through their duly authorized representatives hereby execute this
3. Contract Duration. This Agreement shall commcmsxn the day of \rfiW L fifU . 2018, agreement.
and continue for a period of 12 months through day of . subject tothe provisions for , , ,_ „ , „. u, Taney County Missouri /
termination specified below. This Agreement may be rcncwcd beyond tHc initial tenn by the order of the Contractor Tyco Slmpto-Gnnoell, Inc. By. T’ neJ Co’„nl„ Commtelo„ _ /
County for one (I) additional year subject to the condition that there shall be no fee increases during the flfglt- P t M ClC________________
one year renewal term. Authorized Person (PRINT) ^ m e SaSMl. Commissioner
■> U e f l l U a / l u t i V » W , , I
4. Term & Supply Service. The County agrees to purchase the Scrviccs and Equipment from the z .y - 1 s r o ^ , g /s / t g
Contractor and the Contractor agrees to supply the County all Scrviccs and Equipment described in this Dale 7
Agreement and the Contract Documents, for the priccs set forth herein, and as needed and ordered by
County. Contractor sliall act as the primary supplier for Jail Hardware & Software Maintenance Services
for the County during the term of this Agreement. Services and Equipment will be performed and
provided on an “as needed" basis with scheduling being completed via mutual agreement with the Taney Donna Neeley, County Clerk
County SherifTs Department and Taney County Buildings and Grounds Department. Address; Tyco Simplex-Grinnell, Inc.
2757 S. Austin Ave.
5. Billing and Payment. All billing sliall be invoiced with specific department infomiation and Springfield. Mo. 65807
include quote reference #333414321 for tracking. Billings and invoices may only include the prices
provided for in this Agreement. No additional fees or extra services not included, or taxes, shall be
included as additional charges in excess of the charges in this Agreement or the Contract Documents. The
County agrees to pay all correct statements within thirty days of receipt; Contractor agrees to honor any
cash or prompt payment discounts, if any are available, when County makes payment as provided
therein. In the event of a billing dispute, the County reserves the right to withhold payment on the
disputed amount. In tlie event the billing dispute is resolved in favor of the Contractor, the County agrees P*5«2efJ
Pigdtfl
157
Presiding Commissioner Eastern Commissioner A Western Commissioner
AUDITOR CERTIFICATION
In accordance with 50.660, RSMo, I hereby certify that a sufficient unencumbered appropriallon balance exists and is
available to satisfy the obligation^) arising from this contract. (Note: Certification of this contract is not required if the terms
of this contract do not create a measurable county obligation at this time.)
Signature Date Approprintion Account
PtgOe13
Commissioner Wyatt made a motion to approve the Taney County Detention Center agreement
with Simplex-Grinnell and Taney County #18-001 S. Commissioner Williams seconded the
motion. The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
FIRST AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF INMATE
HEALTH SERVICES File #18-003S
Presiding Commissioner Scofield read a letter dated February 2nd, 2018 from Mr. Elliot who
reviewed the First Amendment to the Agreement for the Provision of Inmate Health Services and
approved it to form.
Sheriff Russell was present to answer any questions concerning this agreement.
FIRST AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF INMATE HEALTH Sections 5.9 through 5.9.4 arc hereby am ended and renum bered ns follows:
SERVICES. TANEY COUNTY. MISSOURI
The AGREEMENT entered into on August 9,2013 by and between the County of Taney, Missouri (hereinafter 5.9 HOLD HARMLESS AND INDEMNIFY.
“COUNTY"), the Taney County Sheriff (hereinafter “SHERIFF"), and Advanced Correctional Healthcare, 5.9.1 ACH will hold harmless and indemnify the COUNTY (together with its respective employees)
Inc. (hereinafter “ACH”), is AMENDED as follows, effective R W u Q r \| 5 at 12:01 A.M. against any loss or damage, including reasonable attorneys' fees and other costs o f litigation,
Section 1.14 is hereby amended as follows: solely caused or necessitated by the negligent, reckless, intentional, or deliberately indifferent
conduct o f ACH or its employees, which is related to medical treatment or care provided by
1.14 MANAGEMENT SERVICES. ACH will provide management services to include: a comprehensive ACH. With respect to any claim for indemnification, the COUNTY will (i) give written notice
Strategic Plan; Peer Review; CQI; and a Risk Management program specific to the FACILITY’S thereof to ACH within a reasonable period following the event or occurrence as to which the
medical operations. right to indemnification is or may be asserted and (ii) allow ACH (including the employees,
agents, and counsel) reasonable access to any o f its employees, property, and records for the
Section 1.293 Is hereby amended as follows: purposes of conducting an investigation o f such claim and for the purpose of obtaining
statements, photographs, and taking such other steps as may be reasonable to preserve
1.293 QUALIFIED MENTAL HEALTH PROFESSIONAL (QMHP). ACH will provide an on-site evidence o f the occurrence on which the claim is based.
Qualified Mental Health Professional for ten (10) hours per week on a schedule approved by the
COUNTY. When approved by the COUNTY or designee, hours worked in excess of the contracted 5.9.2 To the extent permitted by law, and without waiving the governmental or sovereign immunity
amount will be billed monthly to the COUNTY at the prevailing wage and benefit rate of the ACH o f the COUNTY, or the official immunity o f any elected official or employee o f the COUNTY,
employee. For all hours of absence, ACH endeavors to provide replacement coverage, and if it is the COUNTY will hold harmless and indemnify ACH (together with its respective employees)
unable to do so, ACH's Director of Mental Health Services and the COUNTY or designee will against any loss or damage, including reasonable attorneys’ fees and other costs o f litigation,
negotiate a mutually agreeable remedy. solely caused or necessitated by the negligent, reckless, intentional, or deliberately indifferent
conduct of the COUNTY or its employees, which is related to medical treatment or care
Sections 3.0 through 3.0.0 are hereby amended as follows: provided by ACH. With respect to any claim for indemnification, ACH will (i) give written
notice thereof to the COUNTY within a reasonable period following the event or occurrence
3.0 ANNUAL AMOUNT/MONTHLY PAYMENTS. The annualized amount to be paid by the COUNTY as to which the right to indemnification is or may be asserted and (ii) allow the COUNTY
to ACH under this AGREEMENT is to be two hundred ninety-nine thousand four hundred thirty-nine (including the employees, agents, and counsel) reasonable access to any o f its employees,
dollars and twenty-one cents (S299.439.21). The COUNTY will make monthly payments of twenty- property, and records for the purposes o f conducting an investigation o f such claim and for the
four thousand nine hundred fifty-three dollars and twenty-seven cents (524,953.27), which is equal to purpose o f obtaining statements, photographs, and taking such other steps as may be
1/12 of the annualized amount, during the term of this AGREEMENT. ACH will bill the COUNTY reasonable to preserve evidence o f the occurrence on which the claim is based.
approximately thirty (30) days prior to the month in which services arc to be rendered. The COUNTY Notwithstanding the foregoing, the COUNTY shall not be liable for damages to third parties
agrees to pay ACH within thirty (30) days of receipt of the bill. who could not have brought suit against the COUNTY directly due to the governmental or
sovereign immunity o f the COUNTY.
3.0.0 ANNUAL AMOUNT UPON RENEWAL. Upon the annual anniversary of the
commencement of services under this AGREEMENT, the annualized amount of increase for Sections 5.11 through 5.11.4 arc hereby am ended and renum bered as follows:
compensation will be the 12-Month Consumer Price Index (CPI) for medical care or zero
percent (0%), whichever is higher. The CPI will be calculated from the most recent CPI data 5.11INSURANCE. ACH will procure and maintain in effect throughout the term o f this AGREEMENT
as published by the Bureau of Labor Statistics. insurance policies with coverage not less than the types and amounts specified in this section.
Sections 3.1.1.1 through 3.I.1.2 are hereby amended as follows: 5.11.1 ACH will maintain professional liability insurance, including civil rights liability, with
minimum limits o f One Million Dollars (51,000,000) each occurrence, Three Million Dollars
3.1.1.1 COUNTY INMATES. When the ADP exceeds or falls below the contracted rate in any calendar (53,000,000) annual aggregate.
quarter, the compensation variance will be figured on the average number of COUNTY INMATES
above or below the contracted ADP for that quarter multiplied by the per diem rate of S0.75 per inmate 5.11.2 ACH will maintain workers’ compensation and employer’s liability insurance covering its
per day. (Example: If the ADP for a quarter is 10 above the contracted ADP, additional compensation employees while on the FACILITT’s premises that complies with the statutory minimum
due will be calculated as follows: 10 x 50.75 x 91) requirements in the applicable state(s).
3.1.1.2 NON-COUNTY INMATES. To cover the cost of incidental medical expenses for NON-COUNTY 5.11.3 ADDITIONAL INSUREDS. ACH will name the SHERIFF and the COUNTY as an additional
INMATES (such as disposable medical supplies and biomedical waste disposal services), a separate insured for the sole ncgligcncc o f ACH under the professional liability portion o f insurance.
per diem rate of $0.22 per inmate per day will be assessed for each NON-COUNTY INMATE housed
in the FACILITY in excess of the contracted NON-COUNTY INMATE ADP.
1 of 3 2 of 3
Presiding C o m m i s s i o n e r ; Eastern Commissioner ^ - 1^ ; Western Commissioner y>yj
Scction 5 .1 2 is h e re b y am en d ed as follows: A TTEST
NOTICE. Any noticc required or permitted to be given hereunder will be in writing and delivered lo
the respective addresses in this scction or such other addresses as may be designated in writing by the
On thisday of February, 2018, before me personally appeared Mike Scofield, Presiding
applicable party from time to time, and will be deemed to have been given when sent. To the
Commissioner, and said Commissioner acknowledged said instrument to be their free act and deed on behalf of
COUNTY: Taney County Correctional Facility, 266 Main Street, PO Box 1005, Forsyth, MO 65653;
the Taney County Commission.
facsimile: 417-546-1072; email: sheriff@co.tancy.mo.us. To ACH: Advanced Correctional
Healthcare, Inc., Attn: Contracts Manager, 3922 West Baring Trace, Peoria, 1L 61615; facsimile: I, Donna Neeley, Clerk of the Taney County Commission, do hereby certify that the above and
309.214.9977; email: alex.kinzinger@advancedch.com. foregoing is a true and accuratc record o f the First Amendment To The Agreement For The Provision O f Inmate
Health Services, made and entered into by the Taney County Commission and signed on this 5^ day of
February, 2018.
REASON FOR CHANGE: Increased QMHP hours; updated pricing; updated per diems; updated language;
updated notice scction.
AMENDMENT AOREED TO AND ACCEPTED: Donna Neeley V. c/ y/
ADVANCED CORRECTIONAL HEALTHCARE, INC.
Clerk of the Taney County Commission
Sherri Miller C ERTIFICATION O F TANEY COUNTY ACCOUNTING O FFICER
President & Chief Operations Officcr
The undersigned, as Budget Officcr and Accounting Officer for the County of Taney, State of
COUNTY OF TANEY, MISSOURI Missouri, hereby certifies, pursuant to Section 50.660 RSMo, that there is a balance otherwise unencumbered in
the county treasury to the credit of the appropriation to which the financial obligation imposed upon the county
by this First Amendment To The Agreement For The Provision O f Inmate Health Services, is to be charged, and
Jimmie Russell there is a cash balance otherwise unencumbered in the county treasury to the credit of the fund from which
Sheriff j J payment is to be made, each sufficient to meet the obligation, if any, incurred by the terms o f this First
J utL . jU A ls l/ 2
Amendment To The Agreement For The Provision O f Inmate Health Services.
Mike Scofield / He '
Presiding CojprntsstSnef '
B y :_________________________
2 -s-rt Rick Findley
Brandon Williams Taney County Auditor
Western District Commissioner
C
Sheila Wyatt
'thXurth ..xjs jn Date:
Eastern District Commissioner
Please complete and return via fax to 309.214.9977 or email to alcx.kinzinger@advancedch.com
If this contract is not returned to ACH by February 4,2018, the pricc may be subject to increase.
3a
Commissioner Wyatt moved to approve the First Amendment to the Advanced Correctional
Health Care and Taney County. Commissioner Williams seconded the motion. The motion
passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
FINANCIAL STATEMENT
Donna Neeley, Taney County Clerk, appeared before the Commission to present the Financial
Statement for the Commission to review it.
Commissioner Wyatt made a motion that the Financial Statement as of December 31st, 2017 be
entered into record and approved. Commissioner Williams seconded the motion. The motion
passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
TITLE III EXPENDITURES AND UNOBLIGATED FUNDS
Donna Neeley remained before the Commission to talk about the Title III Expenditures and
Unobligated Funds.
Secure Rural Schools and Community Self-Determination Act of 2000 Sccure Rural Schools and Community Self-Determination Act of 2000
Certification of Title III expenditures by participating county County’s Certification of Title III Expenditures and Unobligated Funds.
Name of participating county and state: Taney County, State of Missouri
The Sccure Rural Schools and Community Self-Determination Act of 2000 (the Act), reauthorized in Calendar year for which this report is 2017
Public Law 110-343 and Public Law 112-141, requires the appropriate official of a county that receives submitted:
funds under title III of the Act to submit to the Secretary concerned (the Secretaiy of Agriculture, or the
Secretary of the Interior, as appropriate) an annual certification that the funds expended have been used
for the uses authorized under section 302(a) of the Act The Secretaiy concerned also is requiring the EXPENDITURES
appropriate official to certify the amount of title III funds received since October 2008 that have not been
obligated as of September 30 of the previous year. Amount of title III funds expended this year to carry out authorized SZcro
activities under the Firewise Communities program:
The appropriate official of each participating county may use this form (sec page 2) to report information
to meet the requirements of the Act. Certification must be made by February 1 following each year title Amount of title III funds expended this year to reimburse the S Zero
III funds arc expended. Certain counties in Oregon receive title III payments initiated by both the participating county for emergency services performed on Federal
Dcpanment of Agriculture and the Department of the Interior. If the county received Secure Rural land, as defined in the Act, and paid for by the participating county:
Schools Act title III payments from more than one agency, the county must certify separately to each Amount of title III funds expended this year to develop community SZcro
Secretary regarding the separate payment initiated by that agency. Submit the certification to the wildfire protection plans in coordination with the appropriate
appropriate address below for the respective agency. Secretary:
All counties expending title III funds received from Forest Service payments are to submit the annual Total amount of title III funds expended this year for authorized SZero
certification by one of the following methods: uses:
Mail: e-mail: FAX:
Secretary of Agriculture asc_asr@fs.fed.us 877-684-1422 FUNDS NOT OBLIGATED
do U.S. Forest Servico
Payments to States Coordinator Amount of title III funds received since Octobcr 2008 not obligated $ 185,094.18
Albuquerque Service Center, B&F by September 30 of the year for which this report is submitted.
SWAMflAS/ASR
101B Sun Avenue NE
Albuquerque, NM 87109
CERTIFICATION
The expenditures reported above were for the uses authorized under section 302(a) of the Act. The
Certain counties in western Oregon expending title III funds received from payments from the proposed uses had a publication and comment period and were submitted to the appropriate Sccure Rural
Department of Interior for lands administered by the Bureau of Land Management are to submit a Schools Act resource advisory committce(s) as required in Scction 302(b) of the Act.
separate annual certification about the separate title III funds by one of the following methods:
The amounts reported as unobligated on September 30 arc accuratc^ind consistent with the county’s
MaiL e-mail: FAX: accounting practices.
Secretary of the Interior (none available) 503 808-6021
d o BLM Oregon State Office Signature of certifying official:
State Director Office (OR931) Print or type name and title of certifying official: ite of certification:
Attn: Secure Rural Schools Coordinator
P.O. Box 2965 Mike Scofield, Presiding Commissioner
Portland, OR 97208
Sccure Rural School! Act Secure Rural Schools Act
Certifiesion of Title III expenditures by participating county
Certification of Title III expenditures by participating county
Page I of J
159
Presiding Commissioner Eastern Commissioner ^ Western Commissioner
9:33 a.m. Commissioner Williams entered.
COURT ORDERS
Wesley Shoemaker, Chief Deputy Clerk, and Lyn Wieneke, Deputy Assessor, came before the
Commission to present Court Orders.
* Double Assessed Abatement #203657
DOUBLE ASSESSED
Dale: Exhibil: A
AbNumber AbYear SuppDate AbDate Parcel Name Reason EndRes AdjRes EndAg AdjAg EndCom AdjCom Notes Approved Disapproved
20365? 2017 0000-00-00 2018-01-31 OH,0-19-003-009-016,001 DELETED-COMBINED W/16 DOUBLEASSESSED 0 •1220 0 0 0 0
Commissioner Wyatt made a motion to approve Exhibit A, Abatement #203657, dated February
5th, 2018. Commissioner Williams seconded the motion. The motion passed by vote: Scofield
(aye), Williams (aye), and Wyatt (aye).
* Personal Property Paid Abatements #300225 thru #300229
PP PAID ABATEMENTS
Date: ’MM
! Exhibit: A
AbNumber AbYear Status Date Account Name Reason EndVal AdjVal Approved Disapproved
300225 2017 PENDING 2018-01-25 1-84978-900 BAKKEN LAWRENCE A ASSD VEH IN M O AND SD, TAGGED IN SD 7831 -8890 .. -L- _
300226
300227
2017 PENDING 2018-01-29 1-75792-900
2017 PENDING 2018-01-30 1-51598-900
RALEY RODNEY A & NECIA B (MABE)
RUDD JAMES & KATHY
BOAT AND MOTOR DOUBLE ASS'D
PAID ON LEASED VEHICLE
9780
1890
•430
-7960
°[*
300228
300229
2017 PENDING 2018-01-30 1-108109-900 ZIEMKE ERVIN DAVID
2017 PENDING 2018-01-30 1-91541-900 ROSS LARRY R&JULIANNM
PAID ABATEMENT CHANGE
OFFICE ERROR
0
27560
-4260
-4720
%
Commissioner Williams moved to approve Exhibit B dated February 5 , 2018. Commissioner th
Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams (aye), and
Wyatt (aye).
PERSONAL PROPERTY ADD ON’S
Wesley Shoemaker, Chief Deputy Clerk and Lyn Wieneke, Deputy Assessor, came before the
Commission to present Court Orders.
Commissioner Williams moved to accept and approve the Personal Property Add On’s for
January 2018. Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield
(aye), Williams (aye), and Wyatt (aye).
PENALTIES & INTEREST - CAMP BARNABUS
Donna Neeley was present and explained the actions that Camp Bamabus should have taken.
Commissioner Williams moved to table Penalties & Interest for Camp Barnabus to next Monday.
Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams
(aye), and Wyatt (aye).
BID AWARD FOR VICTOR CHURCH ROAD BRIDGE
Ron Erickson, Taney County Purchasing Advisor, and Devin Huff, Road and Bridge Assistant
Administrator, came before the commission to present the Bid Award for Victor Church Road
Bridge
160
Presiding Commissioner^ ^ ^ Eastern Commissioner ^ ^ ; Western Commissioner )
CRE
GREAT RlUER
JANUARY 31.2018
TANEY COUNTY COMMISSION
P.O . BOX 1018
FORSYTH, MO 65653
RE: RECOMMENDATION BID AWARD
VICTOR CHURCH ROAD BRIDGE
REINFORCING STEEL AND BEAM PACKAGE
Dear Com m issioners:
We have reviewed the bid packages submitted on January 31, 2018. Based on theso Rc: Victor Church Road Bridge reinforcing steel and I beam package
documents we recommend award of the reinforcing steel and beam package to Viebrock Sales
& Service, LIC. with their bid of $37,597.79 and $113,378.60, respectively. This totals
$150,976.39. To: Taney County Commission
If you have any questions or need additional information, please feel free to contact our offico at
(417) 886-7171. Dear Commissioners,
I have asked GRE to review the two bids received for Victor Church Rd.
Bridge to make sure they meet the specifications within the engineered plans.
I agree with their recommendation to award to Viebrock Sales & Service,
LLC. With their bid total of $150,976.39 dollars for reinforcing steel and 1
PRINCIPAL beam package.
2826 S. IncramMil Rd. Springfield. MO65604 Phone 417-M6-7I7I Far <I7-8S5-7591 wwwsrcatrivercng.oom
Commissioner Williams moved to award bid for Victor Church Road Bridge Project to Viebrock
Sales & Service, LLC for a total of $150,976.39. Commissioner Wyatt seconded the motion. The
motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
FILL DIRT AGREEMENT - LARRY C ANDERSON
Commissioner Williams moved to approve the Fill Dirt Agreement by and between Larry C
Anderson and Taney County. Commissioner Wyatt seconded the motion. The motion passed by
vote: Scofield (aye), Williams (aye), and Wyatt (aye).
FILL DIRT AGREEMENT - ROD JUSTUS
Commissioner Williams moved to approve the Fill Dirt Agreement by and between Rod Justus
and Taney County. Commissioner Wyatt seconded the motion. The motion passed by vote:
Scofield (aye), Williams (aye), and Wyatt (aye).
AGREEMENT FOR TRANSFER STATION SCALE REPAIRS ACCURATE SUPERIOR
SCALE COMPANY #18-009RB
Presiding Commissioner Scofield read a letter dated January 29th, 2018 from Mr. Elliot who
reviewed the agreement and approved to form.
No I8-009R
AGREEMENT 6. Entire Agreem ent - This agreem ent constitutes the entire agreem ent betw een the parties and
No. 18-009RB
for su p ersed es any prior negotiations, written or verbal, and any other bid or bid specification or
TRANSFER STATION SCALE REPAIRS contractual agreem ent. This agreem ent m ay only be am ended by a signed writing executed with
the sam e formality as this agreem ent.
THIS AGREEMENT dated the day df e W \, n n i 201& is m ade betwee
Taney County, Missouri, a political subdivision of the State of^Missouri, herein "County* an 7. Termination - This agreem ent m ay be term inated by the County upon thirty days advance
Accurate Superior Scale Company, Inc. of St. Louis, Missouri herein 'Contractor*. written notice for any of tho following reaso n s or under any of the following circum stances:
a. County may term inate this agreem ent due to material breach of any term or
IN CONSIDERATION of the parties performance of the respective obligations containe condition of this agreem ent, or
herein, the parties agree as follows: b. County m ay term inate this agreem ent if In the opinion of the Taney County
Com m ission delivery of products is delayed or products delivered are not
1. Contract Documents - The contract docum ents to this Agreement for all necessary repair wor in conformity with bid specifications or variances authorized by County, or
to the Taney County Transfer Station Scale, shall include the Contractor's bid response t c. If appropriations are not m ade available and budgeted for any calendar year.
County's Request For Bid it 201712-392 and any applicable addenda which are attached heret
and incorporated herein by reference. Service or product data, specifications and literatur 8. Governing Law: Venue. This A greem ent shall be governed by the laws of the S tate of
submitted may be permanently maintained in the County Purchasing Office. In the event of Missouri. V enue for any dispute arising out of the formation, interpretation, or claim s regarding a
conflict between any of the foregoing Contract Documents, and this Agreement, the term s an breach of this Agreement shall be solely and exclusively in the Circuit Court of Taney County
conditions of this Agreement shall prevail and control. M-jssouiL
2. P u rch ase - The County agrees to purchase from the Contractor and the Contractor agrees I IN W ITNESS WHEREOF the parties through their duly authorized representatives hereby
supply the County the items, sen/ices, and necessary repair work per the Contractor's bi execute this agreem ent.
response, and for the prices set forth in the Contractor’s response, and as ordered by County, Taney County Missouri /
certain unusual circum stances occur specific to services or repair work availability, the Coun' ‘Contractor"; A ccurate Superior Scale
m ay consider all other options, including the next lowest Bidder. In no event shall the total pric Com pany, Inc.
paid by County exceed the total bid price of; $14,650.00 - with the following stipulation. Tho tot
bid price is subject to a cap increase cost range of 6% to allow for unexpected issues during repE
work. This is an absolute maximum. All repair work is to be performed I completed in complianc
with State of Missouri Prevailing W age Order #24 - also attached. Authorized Person (PRINT)
3. Contract Duration - This agreem ent shall com mence on the date it is fully executed ar
terminate upon expiration of the applicable one (1) year warranty on repair work, details of whic Signature
are included in the attached quote sheet to the signed bid, also as subject to the provisions fi
termination specified below. This agreem ent may only be extended by the order of the Coun
subject to the pricing, and delivery clauses a s agreed to, and offered by the Contractor's b Date )onna Neeley, Couhty Cle^J7
response.
4. Billina a n d Paym ent - All billing shall be invoiced with specific departm ent information ar A ddress; Accurate Superior Scale Com pany,
include bid num ber 201712-392 for reference. Billings may only include the prices listed in M Inc. i£ _
Contractor’s bid response. No additional fees or extra services not included in the bid respons 5404 Jedm ed Court
or taxes shall b e included a s additional charges in excess of the charges in the Contractor's b Saint Louis, Missouri 63129
response to the specifications. The County agrees to pay all c o n e d statem ents within thirty da;
of receipt; Contractor agrees to honor any cash or prompt payment discounts offered in its b
response if County m akes payment a s provided therein. ALL invoices need to be issued, ar
addressed, correctly to the specific departm ent, not Purchasing. In the event of a billing disput
the County reserves the right to withhold payment on the disputed amount; in the event the billir AUDITOR CERTIFICATION:
dispute is resolved in favor of the Contractor, the County agrees to pay interest at a rate of 9 In accordance with RSMo 50.660,1 heroby certify that a sufficient unencumbered appropriation balance exists
per annum on disputed am ounts withheld commencing from the last date that payment w as du and Is availablo to satisfy the obligation(s) arising from this contract (Note: Certification of this contract is not
required If the terms of this contract do not create a measurable county obligation at this time.)
5. Binding Effect - This agreem ent shall be binding upon the parties hereto and their successo
and assigns for so long a s this agreem ent remains in full force and effect. Slgnaiura Dale Appropriation Accounl
Presiding Commissioner^ ^ / ; Eastern Commissioner ’^ Uj), Western Commissioner "/£i—^
Commissioner Williams moved to approve agreement by and between Taney County and
Accurate Superior Scale Company. Commissioner Wyatt seconded the motion. The motion
passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
RECESS
9:52 a.m.
RECONVENE
Commission Conference Room
1:39 p.m.
WORK SESSION REGARDING BRANSON ADVENTURES TIF PLAN
Present: Rick Findley, Taney County Auditor; David and Andrew Cushman, Cushman Properties
LLC.
EXECUTIVE SESSION
1:46 p.m.
EXECUTIVE SESSION PER 610.021.12 (CONTRACTS)
See Executive session minutes for any motions made and votes taken.
END OF EXECUTIVE
4:08 p.m.
DAILY STAFF REVIEW AND AGENDA REQUESTS
The Commission met with their staff to review the day’s agenda and go over agenda requests.
ADJOURNMENT
Commissioner Williams moved to adjourn. Commissioner Wyatt seconded the motion. The
motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
ADJOURN
4:30 p.m.
The Minutes were taken and typed by Deputy Clerk April Deal
162
Presiding Commissioner Eastern Commissioner" ; Western Commissioner
Commission Minutes
The original county PDF remains the downloadable record artifact and the printable source document.