MEETING AGENDA WEDNESDAY, MARCH 7, :00 A.M. FORMAL BOARD ROOM JEAN OXLEY PUBLIC SERVICE CENTER 935 SECOND STREET SW, CEDAR RAPIDS, IOWA

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1 James Houser District 1 Stacey Walker District 2 Ben Rogers District 3 Brent Oleson District 4 John Harris District Second Street Southwest Cedar Rapids, Iowa MEETING AGENDA WEDNESDAY, MARCH 7, :00 A.M. FORMAL BOARD ROOM JEAN OXLEY PUBLIC SERVICE CENTER 935 SECOND STREET SW, CEDAR RAPIDS, IOWA CALL TO ORDER PLEDGE OF ALLEGIANCE PUBLIC COMMENT: 5 Minute Limit per Speaker This comment period is for the public to address topics on today s agenda. CONSENT AGENDA Items listed on the consent agenda are routine and will be considered by one motion without individual discussion unless the Board removes an item for separate consideration. Authorize Chair to sign two Vacancy Forms for temporary facilities custodial positions to cover medical leaves. REPORTS Receive and place on file Linn County Outstanding Payroll Warrant Report Submitted by Linn County Auditor's Office (warrants voided and reissued). RESOLUTIONS Receive and place on file the Linn County Depository Resolution effective March 2, 2018 by the Treasurer's office. CONTRACTS AND AGREEMENTS Approve and authorize Chair to sign a 15 Foot Utility Easement Agreement for a perpetual and continual easement for the installation of and maintenance of utility facilities related to construction of the Prospect Meadows project located near the southeast corner of the intersection of Highway 13 and County Home Road Approve and authorize Chair to sign a Drainage Easement Agreement for a perpetual and continual easement for the installation of and maintenance of drainage facilities related to construction of the Prospect Meadows project located near the southeast corner of the intersection of Highway 13 and County Home Road Approve and authorize Chair to sign a Sign Easement Agreement for a perpetual and continual easement for the installation of and maintenance of signage related to construction of the Prospect Meadows project located near the southeast corner of the intersection of Highway 13 and County Home Road Approve and authorize Chair to sign a Temporary Construction Easement for the purpose of grading, shaping and seeding real property related to construction of the Prospect Meadows project located near the southeast corner of the intersection of Highway 13 and County Home Road

2 Approve and authorize Chair to sign a Wetland Easement Agreement for a perpetual and continual easement for the purpose of protecting wetlands related to construction of the Prospect Meadows project located near the southeast corner of the intersection of Highway 13 and County Home Road Approve and authorize Chair to sign a Communications Services Agreement between Linn County and the City of Hiawatha for the provision of communications services (public safety dispatching) by Linn County from July 1, 2017 June 30, 2018 for the total sum of $32, Approve and authorize Chair to sign a Communications Services Agreement between Linn County and the City of Lisbon for the provision of communications services (public safety dispatching) by Linn County from July 1, 2017 June 30, 2018 for the total sum of $7, Approve and authorize Chair to sign a Communications Services Agreement between Linn County and the City of Mount Vernon for the provision of communications services (public safety dispatching) by Linn County from July 1, 2017 June 30, 2018 for the total sum of $14, Approve and authorize Chair to sign a Communications Services Agreement between Linn County and the City of Robins for the provision of communications services (public safety dispatching) by Linn County from July 1, 2017 June 30, 2018 for the total sum of $5, Authorize Chair to sign Certificate of Cost Allocation Plan for FY Authorize Chair to sign a contract between Linn County Community Services and Netsmart Technologies, Inc. for ongoing hosting services for the Evolve Software system. Authorize Chair to sign a 28E Agreement between Linn County and the City of Hiawatha for a PCC paving project on shared portions of Edgewood Road and the Secondary Road Department. Authorize Chair to sign purchase order #5438 for $53, to CDWG for ipads and printers for the Elections Department. LICENSES & PERMITS Approve Premises Update for the Indian Creek Nature Center permitting Jackie and Shawn Bergquist to provide alcohol on October 19, 2018 (at no cost and are liable). Approve Class E Liquor License for Casey s General Store #2789, 888 Vernon Valley Dr. SE, noting all conditions have been met. MOTION TO APPROVE CONSENT AGENDA MOTION TO APPROVE MINUTES REGULAR AGENDA Discuss and decide on a request for six deputy positions for the Sheriff s Office. Second consideration for rezoning case JR , request to rezone property located in the 2900 block of East Post Road, SW SW , from AG (Agricultural) district to USR (Urban Services Residential) district, approximately 0.69 acres, MidAmerican Energy Company, property owner; Scott & Wendy Draper, petitioner.

3 Discuss process and criteria for evaluating grant applications to the Mental Health/Disability Services Fund Balance. BOARD MEMBER REPORTS LEGISLATIVE UPDATE MOTION TO APPROVE CLAIMS PUBLIC COMMENT: 5 Minute Limit per Speaker This is an opportunity for the public to address the Board on any subject pertaining to Board business. CORRESPONDENCE APPOINTMENTS ADJOURNMENT For questions about meeting accessibility or to request accommodations to attend or to participate in a meeting due to a disability, please contact the Board of Supervisors office at or at bd supervisors@linncounty.org

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7 Linn County Depository Resolution In accordance with Iowa Code, Chapter 12C.2, approval and adoption by the County governing board of the depositories and deposit limits for County funds is required and revisions to the previously approved financial institutions depository limits require updating to reflect changes in their capitalization and collateralization. At this time, the Banking Division of the State of Iowa has approved all Iowa financial institutions to hold public fund deposits. Listed below are approved financial institutions and deposit limits of the County as of: March 2, 2018 Depository Name Home Office Location Deposit Limit Bank of America Des Moines, Iowa $5,000,000 Bankers Trust Cedar Rapids, Iowa $200,000,000 BankIowa Independence, Iowa $30,000,000 Bridge Community Mechanicsville, Iowa $1,500,000 Cedar Rapids Bank and Trust Bettendorf, Iowa $10,000,000 Center Point Bank and Trust Center Point, Iowa $1,500,000 Community Savings Bank Edgewood, Iowa $5,000,000 Exchange State Bank Springville, Iowa $1,500,000 Fairfax State Savings Bank Fairfax, Iowa $1,500,000 Farmers & Merchants Savings Manchester, Iowa $15,000,000 Farmers State Bank Marion, Iowa $15,000,000 Hiawatha Bank and Trust Hiawatha, Iowa $1,500,000 Hills Bank and Trust Lisbon, Iowa $25,000,000

8 IPAIT Des Moines, Iowa $5,000,000 Mt. Vernon Bank & Trust Mt. Vernon, Iowa $1,500,000 NXT Bank Central City, Iowa $7,500,000 Ohnward Bank Cascade, Iowa $1,500,000 Security State Bank Springville, Iowa $1,500,000 Solon State Bank Solon, Iowa $1,500,000 US Bank Des Moines, Iowa $200,000,000 Walker State Bank Walker, Iowa $1,500,000 Wells Fargo Bank Des Moines, Iowa $10,000,000

9 15-FOOT UTILITY EASEMENT AGREEMENT This instrument is made this day of 2018, by Linn County, Iowa, Owner, (also referred to as GRANTOR) of the following described property, See Attached Exhibit A WHEREAS, the OWNER in fee simple of the real property known and described as set out above is the GRANTOR, and WHEREAS, utility facilities are proposed for construction upon and under a portion of the above real property owned by the Grantor, and THEREFORE, the GRANTOR hereby dedicates to the public a perpetual and continual easement for installation of and maintenance of utility facilities upon the following portions of the above described property. See Attached Exhibit B The GRANTOR further agrees to erect no buildings, obstructions, or other improvements upon or under the property covered by this Easement which would interfere with the construction, reconstruction or maintenance of said utility facilities. The Easement and rights herein described shall be binding upon the GRANTOR, its heirs and assigns.

10 Dated:, 2018 LINN COUNTY, IOWA John Harris, Chair STATE OF IOWA ) ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on the day of, 2018 by John Harris as Chair of the Linn County, Iowa Board of Supervisors. Notary Public in and for the State of Iowa

11 EXHIBIT A LEGAL DESCRIPTION The North Half of Section (16), Township 84 North, Range 6 West of the 5 th P.M., Linn County, Iowa as recorded in Volume 15, Page 78 in the Office of the Linn County, Iowa Recorder

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13 DRAINAGE EASEMENT AGREEMENT This instrument is made this day of 2018, by Linn County, Iowa, Owner, (also referred to as GRANTOR) of the following described property, See Attached Exhibit A WHEREAS, the OWNER in fee simple of the real property known and described as set out above is the GRANTOR, and WHEREAS, drainage facilities are proposed for construction upon and under a portion of the above real property owned by the Grantor, and THEREFORE, the GRANTOR hereby dedicates to the public a perpetual and continual easement for installation of and maintenance of drainage facilities upon the following portions of the above described property. See Attached Exhibit B and C The GRANTOR further agrees to erect no buildings, obstructions, or other improvements upon or under the property covered by this Easement which would interfere with the construction, reconstruction or maintenance of said drainage facilities. The Easement and rights herein described shall be binding upon the GRANTOR, its heirs and assigns.

14 Dated:, 2018 LINN COUNTY, IOWA John Harris, Chair STATE OF IOWA ) ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on the day of, 2018 by John Harris as Chair of the Linn County, Iowa Board of Supervisors. Notary Public in and for the State of Iowa

15 EXHIBIT A LEGAL DESCRIPTION The North Half of Section (16), Township 84 North, Range 6 West of the 5 th P.M., Linn County, Iowa as recorded in Volume 15, Page 78 in the Office of the Linn County, Iowa Recorder

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18 SIGN EASEMENT AGREEMENT This instrument is made this day of 2018, by Linn County, Iowa, Owner, (also referred to as GRANTOR) of the following described property, See Attached Exhibit A WHEREAS, the OWNER in fee simple of the real property known and described as set out above is the GRANTOR, and WHEREAS, sign facilities are proposed for construction upon and under a portion of the above real property owned by the Grantor, and THEREFORE, the GRANTOR hereby dedicates to the public a perpetual and continual easement for installation of and maintenance of sign facilities upon the following portions of the above described property. See Attached Exhibit B The GRANTOR further agrees to erect no buildings, obstructions, or other improvements upon or under the property covered by this Easement which would interfere with the construction, reconstruction or maintenance of said sign facilities. The Easement and rights herein described shall be binding upon the GRANTOR, its heirs and assigns.

19 Dated:, 2018 LINN COUNTY, IOWA John Harris, Chair STATE OF IOWA ) ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on the day of, 2018 by John Harris as Chair of the Linn County, Iowa Board of Supervisors. Notary Public in and for the State of Iowa

20 EXHIBIT A LEGAL DESCRIPTION The North Half of Section (16), Township 84 North, Range 6 West of the 5 th P.M., Linn County, Iowa as recorded in Volume 15, Page 78 in the Office of the Linn County, Iowa Recorder

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23 TEMPORARY CONTRUCTION EASEMENT This instrument is made this day of, 2018, by Capri Properties, L.L.C., Owner, (hereinafter referred to as GRANTOR) of the following described property, See Attached Exhibit A WHEREAS, the OWNER in fee simple of the real property known and described as set out above is the GRANTOR, and WHEREAS, Linn County proposes to grade, shape and seed improvements upon a portion of the above real property owned by the GRANTOR, and WHEREAS, the GRANTOR has agreed to give Linn County a Temporary Construction Easement for the purpose of grading, shaping and seeding, if applicable, upon a portion of the real property of the GRANTOR, for consideration of $1.00 and other valuable consideration duly paid and acknowledged. See Attached Exhibit B THEREFORE, for the above consideration the GRANTOR hereby grants unto Linn County the Easement and rights herein described, which Easement and rights shall be binding upon the GRANTOR. Linn County agrees to restore the easement area in a timely manner included, but not limited to, the restoration of lawns by seeding, complete restoration of any driveways, fences or other structures modified as requirement of the construction, upon completion of the construction or repairs. The Easement and rights herein described shall be binding upon the GRANTOR, its heirs and assigns.

24 Dated:, 2018 CAPRI PROPERTIES, L.L.C. David E. Carpenter STATE OF IOWA ) ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on the day of, 2018 by David E. Carpenter as of Capri Properties, L.L.C. Notary Public in and for the State of Iowa

25 Dated:, 2018 LINN COUNTY, IOWA John Harris, Chair STATE OF IOWA ) ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on the day of, 2018 by John Harris as Chair of the Linn County, Iowa Board of Supervisors. Notary Public in and for the State of Iowa

26 Exhibit A Legal Description Southeast Quarter (SE ¼) of Section Nine (9), Township Eighty-Four (84) North of Range Six (6) West of the Fifth Principal Meridian, in Linn County, Iowa

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28 WETLAND EASEMENT AGREEMENT This Maintenance Agreement (this Agreement ) is entered into this day of, 2018 by Linn County, Iowa, Owner, (hereinafter referred to as the Grantor) and Prospect Meadows, Inc. (hereinafter referred to as the Permittee) of the following described property: See Attached Exhibit A WHEREAS, wetlands are proposed upon and under a portion of the above real property owned by the Grantor, and WHEREAS, the Owner has agreed to grant a perpetual and continual easement for the purpose of protecting the wetlands and mitigation area upon a portion of the real property of the Grantor, THEREFORE, for the above consideration the Owner hereby grants a perpetual and continual easement for the purpose of protecting said wetlands upon and under the following portions of the above described property: See Attached Exhibit B The Permittee agrees there shall be no commercial, industrial or residential activity undertaken or allowed within the mitigation area. There shall be no buildings, dwellings, barns, roads, advertising signs, billboards or other structures built or placed in the mitigation area, except when provided in the original mitigation plan, the Permittee may install a viewing site, outdoor seating facility along with a plaque or other historical signage, tree stands or water fowl hunting blinds; There shall be no dredging, filling, excavating, mining, drilling or removal of any topsoil, sand, gravel, rock, minerals or other materials. The Permittee further agrees that no plowing, tilling, cultivating, planting, timbering, or other agricultural activities may take place within the mitigation area except for the purposes described in the Permittee s approved mitigation plan. The Permittee is obligated to establish or re-establish vegetation through seedings or plantings in furtherance of that plan. Further, Permittee may manipulate vegetation, topography and hydrology on the mitigation area through diking, pumping, water management, excavating, burning, cutting pesticide application and other suitable methods for the purpose of protecting, enhancing buffers, wetlands and wetland vegetation. The Permittee is responsible for compliance with all federal, state and local laws governing the safety and maintenance of the property, including the control of noxious weeds within the mitigation area. Grazing of the mitigation area by domestic livestock is prohibited. The Easement and rights herein described shall be binding upon the Grantor, its heirs and assigns.

29 Dated:, 2018 LINN COUNTY, IOWA John Harris, Chair STATE OF IOWA ) ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on the day of, 2018 by John Harris as Chair of the Linn County, Iowa Board of Supervisors. Notary Public in and for the State of Iowa

30 Dated:, 2018 PROSPECT MEADOWS, INC. Jack Roeder, President STATE OF IOWA ) ) ss: COUNTY OF LINN ) This instrument was acknowledged before me on the day of, 2018 by Jack Roeder as President of Prospect Meadows, Inc. Notary Public in and for the State of Iowa

31 EXHIBIT A LEGAL DESCRIPTION The North Half of Section (16), Township 84 North, Range 6 West of the 5 th P.M., Linn County, Iowa as recorded in Volume 15, Page 78 in the Office of the Linn County, Iowa Recorder

32 EXHIBIT B WETLAND EASEMENT PART OF THE N.W.1/4-N.E.1/4, SECTION 16, T84N, R6W LINN COUNTY, IOWA HALL & HALL ENGINEERS, INC BOYSON ROAD, HIAWATHA, IOWA PHONE: (319) FAX: (319) CIVIL ENGINEERING LANDSCAPE ARCHITECTURE LAND SURVEYING LAND DEVELOPMENT PLANNING

33 COMMUNICATIONS SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between LINN COUNTY, IOWA, hereinafter referred to as County and THE CITY OF HIAWATHA, IOWA, hereinafter referred to as City. RECITALS: WHEREAS, Iowa Code Chapter 28E authorizes local governments in Iowa to provide joint services and facilities with other agencies and to cooperate in other ways of mutual advantage; and, WHEREAS, the City has requested that the County provide Communications Services to the City as referenced and agreed to in this Agreement; and, WHEREAS, the Linn County Board of Supervisors, in the interest of the health, safety and welfare of the residents of the City and County, deems it advisable to enter into this Communications Services Agreement. NOW THEREFORE in consideration of the mutual promises, acknowledgments, representations and agreements set forth in this Agreement, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and City hereby agree as follows: 1. LEGAL AUTHORITY. This Agreement is entered into pursuant to Iowa Code Chapter 28E. 2. NO ENTITY CREATED. This Agreement does not, and is not intended to, create a separate legal or administrative entity. 3. STATEMENT OF AGREEMENT. A. The County, through its Sheriff, agrees to provide Communications Services to the City and the City agrees to engage the County to provide such services in accordance with and subject to the terms of this Agreement. B. Except as expressly provided for in this Agreement, the Parties agree that this Agreement does not, and is not intended to, transfer, delegate, or assign to the other Party any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability associated with any governmental function delegated and/or entrusted to either Party under existing law or regulations. 4. DEFINITIONS. For the purposes of this Agreement, and as used throughout this Agreement, the words and expressions listed below, whether used in the singular or plural, within or without quotation marks, or possessive or non-possessive shall be defined, read, and interpreted as follows: A. AGENT means any and all County and/or Sheriff s elected officials, appointed officials, directors, board members, commission members, boards, committees, commissions, employees, managers, departments, divisions, representatives, and/or any such persons or bodies predecessors, successors, or assigns. Communications Services Agreement Between Linn County and the City of Hiawatha Page 1 of 4

34 B. COMMUNICATIONS SERVICES means the receipt of calls for service and the disposition of calls for service by dispatching such calls to the appropriate City, law enforcement, fire department, ambulance, and/or other public safety personnel 5. NATURE OF SERVICES. A. The Sheriff will provide 24-hour per day, 365 days per year Communications Services to the City. B. The Sheriff will manage and maintain all aspects of the City s access and use of the Iowa On-line Warrants and Articles (IOWA) Criminal Justice Information Network and the National Crime Information Center (NCIC) system including, but not limited to, system use, system discipline, user accounts, validations and audits. C. The Sheriff will not be required to assume any other communications services inconsistent with those customarily performed by the Sheriff. D. Except for the Communications Services expressly contracted for herein, neither the County, any County agent, the Sheriff, nor any Sheriff s agent will be obligated to provide or assist the City with any other direct, indirect, backup, or supplemental support or emergency-related service or protection, of any kind or nature, or be obligated to send any County agent or Sheriff s agent to respond in any way to any call for service unless provided for in a separate Agreement. E. The Sheriff will manage the planning, organization, scheduling, standards of performance, direction, and supervision of the Sheriff s employees and all other matters incident to the delivery of Communications Services to the City. The Sheriff will retain exclusive authority over the Sheriff s employees. F. This Agreement does not, and is not intended to obligate or require the County or Sheriff to change, alter, modify, or develop any different Communications Services related policies, procedures, and/or standards, or to purchase or use any special or additional equipment. G. This Agreement does not, and is not intended to prohibit the County or Sheriff from implementing any future Communications Services related changes that the County or Sheriff in its sole judgment and discretion believes to be in its best interest. 6. RESOURCES. A. Unless specified in another section of this Agreement, the County and/or Sheriff will furnish all labor and supplies, and will own the facilities and equipment required to provide the Communications Services to the City that are the subject of this Agreement. B. The County and/or Sheriff will retain ownership of the aforementioned facilities and equipment and will be fully responsible for the maintenance of such facilities and equipment. 7.FINANCIAL OBLIGATIONS. A. In consideration of the provisions set forth herein, the City will pay the County the total sum of $32, for Communications Services delivered from July 1, 2017 to June 30, B. Payment will be made by the City to the County upon execution of this Agreement without any further notice or demand from the County or Sheriff. Communications Services Agreement Between Linn County and the City of Hiawatha Page 2 of 4

35 C. Payment will be made payable to the Linn County Treasurer by electronic funds transfer or by a check drawn on a city account. D. The payment will clearly identify that it is a payment being made pursuant to this Agreement. 8. TERM AND RENEWAL. This Agreement will commence retroactively to July 1, 2017 and will terminate June 30, The County and the City may renew this Agreement for an unlimited number of successive one-year terms subject to provisions mutually agreeable to the County and City. 9. TERMINATION Any of the parties may terminate this Agreement by providing written notice of termination to all other parties at least sixty days prior to the termination of the Agreement. In the event of termination of this Agreement, the City shall hold the County, its agents and the Sheriff and its agents harmless for provision of communication services previously provided pursuant to this Agreement. 10. EMPLOYMENT STATUS. A. For the purposes of this Agreement, the County and/or Sheriff s legal status and relationship to the City will be that of an independent contractor. B. Nothing in this Agreement will be construed as creating the relationship of employer or employee between the City and the County or any of the County s agents or between the City and the Sheriff or any of the Sheriff s agents. C. Nothing in this Agreement will make any employee of the County or Sheriff a City employee, or any employee of the City a County or Sheriff employee for any purpose, including but not limited to, wages, compensation, overtime wages, expenses, fringe benefits, retirement benefits, training expenses, withholding of taxes, worker s compensation, unemployment compensation, or any other statutory or contractual right or privilege accorded County, Sheriff or City employees based, in any way, upon employment. D. This Agreement does not, and is not intended to, create, change, modify, supplement, supersede, or otherwise affect or control, in any manner, any term or condition of employment of any County agent or Sheriff s agent, or any applicable employment and/or collective bargaining contract. 11. WARRANTY AND INDEMINFICATION. A. The County and Sheriff represent and warranty that the Sheriff is competent to perform the services specified in this Agreement. B. The County will assume liability for, defend against, indemnify and hold harmless the City from all costs or damages for injury to persons or property, including death, caused by the County in providing or failing to provide Communication Services to the City, including attorney fees for defense against such claims. C. The City will assume liability for, defend against, indemnify and hold harmless the County, the Sheriff, and the County and Sheriff s agents from all costs or damages for injury to persons or property, including death, caused by the City, including attorney fees for defense against such claims. Communications Services Agreement Between Linn County and the City of Hiawatha Page 3 of 4

36 12. INSURANCE. A. The City is not responsible for Worker s Compensation claims of County employees or Sheriff s employees working under this Agreement. B. The County will be responsible for the cost of insurance on equipment used by Sheriff s employees to provide communications services. 13. GOVERNING LAW. This Agreement is made and entered into in the State of Iowa and will in all respects be interpreted, enforced and governed by the laws of the State of Iowa, and all obligations are enforceable in accordance therewith. 14. AMENDMENTS. This Agreement may not be amended except by an instrument in writing signed on behalf of each of the Parties. 15. ENTIRE AGREEMENT. This Agreement sets forth the entire contract and understanding between the County, Sheriff and City and fully supersedes any and all prior contracts, agreements or understandings between such Parties in any way related to the subject matter of this Agreement. 16. CONTACTS. All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, and sent to the following persons designated by the respective Parties as its representative for the purposes of administering this Agreement: County: City: Board of Supervisors City Administrator Linn County, Iowa City of Hiawatha 935 Second Street SW 101 Emmons Street Cedar Rapids, IA Hiawatha, IA IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. LINN COUNTY By: John Harris - Chair, Board of Supervisors Date: CITY OF HIAWATHA By: Date: Communications Services Agreement Between Linn County and the City of Hiawatha Page 4 of 4

37 COMMUNICATIONS SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between LINN COUNTY, IOWA, hereinafter referred to as County and THE CITY OF LISBON, IOWA, hereinafter referred to as City. RECITALS: WHEREAS, Iowa Code Chapter 28E authorizes local governments in Iowa to provide joint services and facilities with other agencies and to cooperate in other ways of mutual advantage; and, WHEREAS, the City has requested that the County provide Communications Services to the City as referenced and agreed to in this Agreement; and, WHEREAS, the Linn County Board of Supervisors, in the interest of the health, safety and welfare of the residents of the City and County, deems it advisable to enter into this Communications Services Agreement. NOW THEREFORE in consideration of the mutual promises, acknowledgments, representations and agreements set forth in this Agreement, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and City hereby agree as follows: 1. LEGAL AUTHORITY. This Agreement is entered into pursuant to Iowa Code Chapter 28E. 2. NO ENTITY CREATED. This Agreement does not, and is not intended to, create a separate legal or administrative entity. 3. STATEMENT OF AGREEMENT. A. The County, through its Sheriff, agrees to provide Communications Services to the City and the City agrees to engage the County to provide such services in accordance with and subject to the terms of this Agreement. B. Except as expressly provided for in this Agreement, the Parties agree that this Agreement does not, and is not intended to, transfer, delegate, or assign to the other Party any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability associated with any governmental function delegated and/or entrusted to either Party under existing law or regulations. 4. DEFINITIONS. For the purposes of this Agreement, and as used throughout this Agreement, the words and expressions listed below, whether used in the singular or plural, within or without quotation marks, or possessive or non-possessive shall be defined, read, and interpreted as follows: A. AGENT means any and all County and/or Sheriff s elected officials, appointed officials, directors, board members, commission members, boards, committees, commissions, employees, managers, departments, divisions, representatives, and/or any such persons or bodies predecessors, successors, or assigns. Communications Services Agreement Between Linn County and the City of Lisbon Page 1 of 4

38 B. COMMUNICATIONS SERVICES means the receipt of calls for service and the disposition of calls for service by dispatching such calls to the appropriate City, law enforcement, fire department, ambulance, and/or other public safety personnel 5. NATURE OF SERVICES. A. The Sheriff will provide 24-hour per day, 365 days per year Communications Services to the City. B. The Sheriff will manage and maintain all aspects of the City s access and use of the Iowa On-line Warrants and Articles (IOWA) Criminal Justice Information Network and the National Crime Information Center (NCIC) system including, but not limited to, system use, system discipline, user accounts, validations and audits. C. The Sheriff will not be required to assume any other communications services inconsistent with those customarily performed by the Sheriff. D. Except for the Communications Services expressly contracted for herein, neither the County, any County agent, the Sheriff, nor any Sheriff s agent will be obligated to provide or assist the City with any other direct, indirect, backup, or supplemental support or emergency-related service or protection, of any kind or nature, or be obligated to send any County agent or Sheriff s agent to respond in any way to any call for service unless provided for in a separate Agreement. E. The Sheriff will manage the planning, organization, scheduling, standards of performance, direction, and supervision of the Sheriff s employees and all other matters incident to the delivery of Communications Services to the City. The Sheriff will retain exclusive authority over the Sheriff s employees. F. This Agreement does not, and is not intended to obligate or require the County or Sheriff to change, alter, modify, or develop any different Communications Services related policies, procedures, and/or standards, or to purchase or use any special or additional equipment. G. This Agreement does not, and is not intended to prohibit the County or Sheriff from implementing any future Communications Services related changes that the County or Sheriff in its sole judgment and discretion believes to be in its best interest. 6. RESOURCES. A. Unless specified in another section of this Agreement, the County and/or Sheriff will furnish all labor and supplies, and will own the facilities and equipment required to provide the Communications Services to the City that are the subject of this Agreement. B. The County and/or Sheriff will retain ownership of the aforementioned facilities and equipment and will be fully responsible for the maintenance of such facilities and equipment. 7. FINANCIAL OBLIGATIONS. A. In consideration of the provisions set forth herein, the City will pay the County the total sum of $7, for Communications Services delivered from July 1, 2017 to June 30, B. Payment will be made by the City to the County upon execution of this Agreement without any further notice or demand from the County or Sheriff. Communications Services Agreement Between Linn County and the City of Lisbon Page 2 of 4

39 C. Payment will be made payable to the Linn County Treasurer by electronic funds transfer or by a check drawn on a city account. D. The payment will clearly identify that it is a payment being made pursuant to this Agreement. 8. TERM AND RENEWAL. This Agreement will commence retroactively to July 1, 2017 and will terminate June 30, The County and the City may renew this Agreement for an unlimited number of successive one-year terms subject to provisions mutually agreeable to the County and City. 9. TERMINATION Any of the parties may terminate this Agreement by providing written notice of termination to all other parties at least sixty days prior to the termination of the Agreement. In the event of termination of this Agreement, the City shall hold the County, its agents and the Sheriff and its agents harmless for provision of communication services previously provided pursuant to this Agreement. 10. EMPLOYMENT STATUS. A. For the purposes of this Agreement, the County and/or Sheriff s legal status and relationship to the City will be that of an independent contractor. B. Nothing in this Agreement will be construed as creating the relationship of employer or employee between the City and the County or any of the County s agents or between the City and the Sheriff or any of the Sheriff s agents. C. Nothing in this Agreement will make any employee of the County or Sheriff a City employee, or any employee of the City a County or Sheriff employee for any purpose, including but not limited to, wages, compensation, overtime wages, expenses, fringe benefits, retirement benefits, training expenses, withholding of taxes, worker s compensation, unemployment compensation, or any other statutory or contractual right or privilege accorded County, Sheriff or City employees based, in any way, upon employment. D. This Agreement does not, and is not intended to, create, change, modify, supplement, supersede, or otherwise affect or control, in any manner, any term or condition of employment of any County agent or Sheriff s agent, or any applicable employment and/or collective bargaining contract. 11. WARRANTY AND INDEMINFICATION. A. The County and Sheriff represent and warranty that the Sheriff is competent to perform the services specified in this Agreement. B. The County will assume liability for, defend against, indemnify and hold harmless the City from all costs or damages for injury to persons or property, including death, caused by the County in providing or failing to provide Communication Services to the City, including attorney fees for defense against such claims. C. The City will assume liability for, defend against, indemnify and hold harmless the County, the Sheriff, and the County and Sheriff s agents from all costs or damages for injury to persons or property, including death, caused by the City, including attorney fees for defense against such claims. Communications Services Agreement Between Linn County and the City of Lisbon Page 3 of 4

40 12. INSURANCE. A. The City is not responsible for Worker s Compensation claims of County employees or Sheriff s employees working under this Agreement. B. The County will be responsible for the cost of insurance on equipment used by Sheriff s employees to provide communications services. 13. GOVERNING LAW. This Agreement is made and entered into in the State of Iowa and will in all respects be interpreted, enforced and governed by the laws of the State of Iowa, and all obligations are enforceable in accordance therewith. 14. AMENDMENTS. This Agreement may not be amended except by an instrument in writing signed on behalf of each of the Parties. 15. ENTIRE AGREEMENT. This Agreement sets forth the entire contract and understanding between the County, Sheriff and City and fully supersedes any and all prior contracts, agreements or understandings between such Parties in any way related to the subject matter of this Agreement. 16. CONTACTS. All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, and sent to the following persons designated by the respective Parties as its representative for the purposes of administering this Agreement: County: City: Board of Supervisors City Administrator Linn County, Iowa City of Lisbon 935 Second Street SW PO Box 68 Cedar Rapids, IA Lisbon, IA IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. LINN COUNTY By: John Harris - Chair, Board of Supervisors Date: CITY OF LISBON By: Beryl O Connor, Mayor Date: Communications Services Agreement Between Linn County and the City of Lisbon Page 4 of 4

41 COMMUNICATIONS SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between LINN COUNTY, IOWA, hereinafter referred to as County and THE CITY OF MOUNT VERNON, IOWA, hereinafter referred to as City. RECITALS: WHEREAS, Iowa Code Chapter 28E authorizes local governments in Iowa to provide joint services and facilities with other agencies and to cooperate in other ways of mutual advantage; and, WHEREAS, the City has requested that the County provide Communications Services to the City as referenced and agreed to in this Agreement; and, WHEREAS, the Linn County Board of Supervisors, in the interest of the health, safety and welfare of the residents of the City and County, deems it advisable to enter into this Communications Services Agreement. NOW THEREFORE in consideration of the mutual promises, acknowledgments, representations and agreements set forth in this Agreement, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and City hereby agree as follows: 1. LEGAL AUTHORITY. This Agreement is entered into pursuant to Iowa Code Chapter 28E. 2. NO ENTITY CREATED. This Agreement does not, and is not intended to, create a separate legal or administrative entity. 3. STATEMENT OF AGREEMENT. A. The County, through its Sheriff, agrees to provide Communications Services to the City and the City agrees to engage the County to provide such services in accordance with and subject to the terms of this Agreement. B. Except as expressly provided for in this Agreement, the Parties agree that this Agreement does not, and is not intended to, transfer, delegate, or assign to the other Party any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability associated with any governmental function delegated and/or entrusted to either Party under existing law or regulations. 4. DEFINITIONS. For the purposes of this Agreement, and as used throughout this Agreement, the words and expressions listed below, whether used in the singular or plural, within or without quotation marks, or possessive or non-possessive shall be defined, read, and interpreted as follows: A. AGENT means any and all County and/or Sheriff s elected officials, appointed officials, directors, board members, commission members, boards, committees, commissions, employees, managers, departments, divisions, representatives, and/or any such persons or bodies predecessors, successors, or assigns. Communications Services Agreement Between Linn County and the City of Mount Vernon Page 1 of 4

42 B. COMMUNICATIONS SERVICES means the receipt of calls for service and the disposition of calls for service by dispatching such calls to the appropriate City, law enforcement, fire department, ambulance, and/or other public safety personnel 5. NATURE OF SERVICES. A. The Sheriff will provide 24-hour per day, 365 days per year Communications Services to the City. B. The Sheriff will manage and maintain all aspects of the City s access and use of the Iowa On-line Warrants and Articles (IOWA) Criminal Justice Information Network and the National Crime Information Center (NCIC) system including, but not limited to, system use, system discipline, user accounts, validations and audits. C. The Sheriff will not be required to assume any other communications services inconsistent with those customarily performed by the Sheriff. D. Except for the Communications Services expressly contracted for herein, neither the County, any County agent, the Sheriff, nor any Sheriff s agent will be obligated to provide or assist the City with any other direct, indirect, backup, or supplemental support or emergency-related service or protection, of any kind or nature, or be obligated to send any County agent or Sheriff s agent to respond in any way to any call for service unless provided for in a separate Agreement. E. The Sheriff will manage the planning, organization, scheduling, standards of performance, direction, and supervision of the Sheriff s employees and all other matters incident to the delivery of Communications Services to the City. The Sheriff will retain exclusive authority over the Sheriff s employees. F. This Agreement does not, and is not intended to obligate or require the County or Sheriff to change, alter, modify, or develop any different Communications Services related policies, procedures, and/or standards, or to purchase or use any special or additional equipment. G. This Agreement does not, and is not intended to prohibit the County or Sheriff from implementing any future Communications Services related changes that the County or Sheriff in its sole judgment and discretion believes to be in its best interest. 6. RESOURCES. A. Unless specified in another section of this Agreement, the County and/or Sheriff will furnish all labor and supplies, and will own the facilities and equipment required to provide the Communications Services to the City that are the subject of this Agreement. B. The County and/or Sheriff will retain ownership of the aforementioned facilities and equipment and will be fully responsible for the maintenance of such facilities and equipment. 7.FINANCIAL OBLIGATIONS. A. In consideration of the provisions set forth herein, the City will pay the County the total sum of $14, for Communications Services delivered from July 1, 2017 to June 30, B. Payment will be made by the City to the County upon execution of this Agreement without any further notice or demand from the County or Sheriff. Communications Services Agreement Between Linn County and the City of Mount Vernon Page 2 of 4

43 C. Payment will be made payable to the Linn County Treasurer by electronic funds transfer or by a check drawn on a city account. D. The payment will clearly identify that it is a payment being made pursuant to this Agreement. 8. TERM AND RENEWAL. This Agreement will commence retroactively to July 1, 2017 and will terminate June 30, The County and the City may renew this Agreement for an unlimited number of successive one-year terms subject to provisions mutually agreeable to the County and City. 9. TERMINATION Any of the parties may terminate this Agreement by providing written notice of termination to all other parties at least sixty days prior to the termination of the Agreement. In the event of termination of this Agreement, the City shall hold the County, its agents and the Sheriff and its agents harmless for provision of communication services previously provided pursuant to this Agreement. 10. EMPLOYMENT STATUS. A. For the purposes of this Agreement, the County and/or Sheriff s legal status and relationship to the City will be that of an independent contractor. B. Nothing in this Agreement will be construed as creating the relationship of employer or employee between the City and the County or any of the County s agents or between the City and the Sheriff or any of the Sheriff s agents. C. Nothing in this Agreement will make any employee of the County or Sheriff a City employee, or any employee of the City a County or Sheriff employee for any purpose, including but not limited to, wages, compensation, overtime wages, expenses, fringe benefits, retirement benefits, training expenses, withholding of taxes, worker s compensation, unemployment compensation, or any other statutory or contractual right or privilege accorded County, Sheriff or City employees based, in any way, upon employment. D. This Agreement does not, and is not intended to, create, change, modify, supplement, supersede, or otherwise affect or control, in any manner, any term or condition of employment of any County agent or Sheriff s agent, or any applicable employment and/or collective bargaining contract. 11. WARRANTY AND INDEMINFICATION. A. The County and Sheriff represent and warranty that the Sheriff is competent to perform the services specified in this Agreement. B. The County will assume liability for, defend against, indemnify and hold harmless the City from all costs or damages for injury to persons or property, including death, caused by the County in providing or failing to provide Communication Services to the City, including attorney fees for defense against such claims. C. The City will assume liability for, defend against, indemnify and hold harmless the County, the Sheriff, and the County and Sheriff s agents from all costs or damages for injury to persons or property, including death, caused by the City, including attorney fees for defense against such claims. Communications Services Agreement Between Linn County and the City of Mount Vernon Page 3 of 4

44 12. INSURANCE. A. The City is not responsible for Worker s Compensation claims of County employees or Sheriff s employees working under this Agreement. B. The County will be responsible for the cost of insurance on equipment used by Sheriff s employees to provide communications services. 13. GOVERNING LAW. This Agreement is made and entered into in the State of Iowa and will in all respects be interpreted, enforced and governed by the laws of the State of Iowa, and all obligations are enforceable in accordance therewith. 14. AMENDMENTS. This Agreement may not be amended except by an instrument in writing signed on behalf of each of the Parties. 15. ENTIRE AGREEMENT. This Agreement sets forth the entire contract and understanding between the County, Sheriff and City and fully supersedes any and all prior contracts, agreements or understandings between such Parties in any way related to the subject matter of this Agreement. 16. CONTACTS. All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, and sent to the following persons designated by the respective Parties as its representative for the purposes of administering this Agreement: County: City: Board of Supervisors City Administrator Linn County, Iowa City of Mount Vernon 935 Second Street SW st Street West Cedar Rapids, IA Mount Vernon, IA IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. LINN COUNTY By: John Harris - Chair, Board of Supervisors Date: CITY OF MOUNT VERNON By: Jamie Hampton, Mayor Date: Communications Services Agreement Between Linn County and the City of Mount Vernon Page 4 of 4

45 COMMUNICATIONS SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between LINN COUNTY, IOWA, hereinafter referred to as County and THE CITY OF ROBINS, IOWA, hereinafter referred to as City. RECITALS: WHEREAS, Iowa Code Chapter 28E authorizes local governments in Iowa to provide joint services and facilities with other agencies and to cooperate in other ways of mutual advantage; and, WHEREAS, the City has requested that the County provide Communications Services to the City as referenced and agreed to in this Agreement; and, WHEREAS, the Linn County Board of Supervisors, in the interest of the health, safety and welfare of the residents of the City and County, deems it advisable to enter into this Communications Services Agreement. NOW THEREFORE in consideration of the mutual promises, acknowledgments, representations and agreements set forth in this Agreement, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the County and City hereby agree as follows: 1. LEGAL AUTHORITY. This Agreement is entered into pursuant to Iowa Code Chapter 28E. 2. NO ENTITY CREATED. This Agreement does not, and is not intended to, create a separate legal or administrative entity. 3. STATEMENT OF AGREEMENT. A. The County, through its Sheriff, agrees to provide Communications Services to the City and the City agrees to engage the County to provide such services in accordance with and subject to the terms of this Agreement. B. Except as expressly provided for in this Agreement, the Parties agree that this Agreement does not, and is not intended to, transfer, delegate, or assign to the other Party any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability associated with any governmental function delegated and/or entrusted to either Party under existing law or regulations. 4. DEFINITIONS. For the purposes of this Agreement, and as used throughout this Agreement, the words and expressions listed below, whether used in the singular or plural, within or without quotation marks, or possessive or non-possessive shall be defined, read, and interpreted as follows: A. AGENT means any and all County and/or Sheriff s elected officials, appointed officials, directors, board members, commission members, boards, committees, commissions, employees, managers, departments, divisions, representatives, and/or any such persons or bodies predecessors, successors, or assigns. Communications Services Agreement Between Linn County and the City of Robins Page 1 of 4

46 B. COMMUNICATIONS SERVICES means the receipt of calls for service and the disposition of calls for service by dispatching such calls to the appropriate City, law enforcement, fire department, ambulance, and/or other public safety personnel 5. NATURE OF SERVICES. A. The Sheriff will provide 24-hour per day, 365 days per year Communications Services to the City. B. The Sheriff will manage and maintain all aspects of the City s access and use of the Iowa On-line Warrants and Articles (IOWA) Criminal Justice Information Network and the National Crime Information Center (NCIC) system including, but not limited to, system use, system discipline, user accounts, validations and audits. C. The Sheriff will not be required to assume any other communications services inconsistent with those customarily performed by the Sheriff. D. Except for the Communications Services expressly contracted for herein, neither the County, any County agent, the Sheriff, nor any Sheriff s agent will be obligated to provide or assist the City with any other direct, indirect, backup, or supplemental support or emergency-related service or protection, of any kind or nature, or be obligated to send any County agent or Sheriff s agent to respond in any way to any call for service unless provided for in a separate Agreement. E. The Sheriff will manage the planning, organization, scheduling, standards of performance, direction, and supervision of the Sheriff s employees and all other matters incident to the delivery of Communications Services to the City. The Sheriff will retain exclusive authority over the Sheriff s employees. F. This Agreement does not, and is not intended to obligate or require the County or Sheriff to change, alter, modify, or develop any different Communications Services related policies, procedures, and/or standards, or to purchase or use any special or additional equipment. G. This Agreement does not, and is not intended to prohibit the County or Sheriff from implementing any future Communications Services related changes that the County or Sheriff in its sole judgment and discretion believes to be in its best interest. 6. RESOURCES. A. Unless specified in another section of this Agreement, the County and/or Sheriff will furnish all labor and supplies, and will own the facilities and equipment required to provide the Communications Services to the City that are the subject of this Agreement. B. The County and/or Sheriff will retain ownership of the aforementioned facilities and equipment and will be fully responsible for the maintenance of such facilities and equipment. 7. FINANCIAL OBLIGATIONS. A. In consideration of the provisions set forth herein, the City will pay the County the total sum of $5, for Communications Services delivered from July 1, 2017 to June 30, B. Payment will be made by the City to the County upon execution of this Agreement without any further notice or demand from the County or Sheriff. Communications Services Agreement Between Linn County and the City of Robins Page 2 of 4

47 C. Payment will be made payable to the Linn County Treasurer by electronic funds transfer or by a check drawn on a city account. D. The payment will clearly identify that it is a payment being made pursuant to this Agreement. 8. TERM AND RENEWAL. This Agreement will commence retroactively to July 1, 2017 and will terminate June 30, The County and the City may renew this Agreement for an unlimited number of successive one-year terms subject to provisions mutually agreeable to the County and City. 9. TERMINATION Any of the parties may terminate this Agreement by providing written notice of termination to all other parties at least sixty days prior to the termination of the Agreement. In the event of termination of this Agreement, the City shall hold the County, its agents and the Sheriff and its agents harmless for provision of communication services previously provided pursuant to this Agreement. 10. EMPLOYMENT STATUS. A. For the purposes of this Agreement, the County and/or Sheriff s legal status and relationship to the City will be that of an independent contractor. B. Nothing in this Agreement will be construed as creating the relationship of employer or employee between the City and the County or any of the County s agents or between the City and the Sheriff or any of the Sheriff s agents. C. Nothing in this Agreement will make any employee of the County or Sheriff a City employee, or any employee of the City a County or Sheriff employee for any purpose, including but not limited to, wages, compensation, overtime wages, expenses, fringe benefits, retirement benefits, training expenses, withholding of taxes, worker s compensation, unemployment compensation, or any other statutory or contractual right or privilege accorded County, Sheriff or City employees based, in any way, upon employment. D. This Agreement does not, and is not intended to, create, change, modify, supplement, supersede, or otherwise affect or control, in any manner, any term or condition of employment of any County agent or Sheriff s agent, or any applicable employment and/or collective bargaining contract. 11. WARRANTY AND INDEMINFICATION. A. The County and Sheriff represent and warranty that the Sheriff is competent to perform the services specified in this Agreement. B. The County will assume liability for, defend against, indemnify and hold harmless the City from all costs or damages for injury to persons or property, including death, caused by the County in providing or failing to provide Communication Services to the City, including attorney fees for defense against such claims. C. The City will assume liability for, defend against, indemnify and hold harmless the County, the Sheriff, and the County and Sheriff s agents from all costs or damages for injury to persons or property, including death, caused by the City, including attorney fees for defense against such claims. Communications Services Agreement Between Linn County and the City of Robins Page 3 of 4

48 12. INSURANCE. A. The City is not responsible for Worker s Compensation claims of County employees or Sheriff s employees working under this Agreement. B. The County will be responsible for the cost of insurance on equipment used by Sheriff s employees to provide communications services. 13. GOVERNING LAW. This Agreement is made and entered into in the State of Iowa and will in all respects be interpreted, enforced and governed by the laws of the State of Iowa, and all obligations are enforceable in accordance therewith. 14. AMENDMENTS. This Agreement may not be amended except by an instrument in writing signed on behalf of each of the Parties. 15. ENTIRE AGREEMENT. This Agreement sets forth the entire contract and understanding between the County, Sheriff and City and fully supersedes any and all prior contracts, agreements or understandings between such Parties in any way related to the subject matter of this Agreement. 16. CONTACTS. All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, and sent to the following persons designated by the respective Parties as its representative for the purposes of administering this Agreement: County: City: Board of Supervisors City Clerk Linn County, Iowa City of Robins 935 Second Street SW 265 South Second Street Cedar Rapids, IA Robins, IA IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. LINN COUNTY By: John Harris - Chair, Board of Supervisors Date: CITY OF ROBINS By: Date: Communications Services Agreement Between Linn County and the City of Robins Page 4 of 4

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50 NETSMART HOSTING ADDENDUM TO LICENSE This Addendum dated February 20, 2018 (the Addendum Effective Date ) is a supplement to the terms of the License Agreement dated as of June 5, 2012, ( Master Agreement ) by and between Netsmart Technologies, Inc. ( Netsmart ) and Linn County Community Services ( Client ). 1. PURPOSE OF ADDENDUM This Addendum states the terms and conditions under which Netsmart will provide software hosting services and permit Client to load Data on the Hosted System via a virtual private network ( VPN ) or Secure Socket Layer ( SSL ). 2. DEFINITIONS Capitalized terms in this Addendum that are not defined below will have the same meaning as the terms that are given in the Master Agreement. All references to Schedules mean the Schedules attached to this Netsmart Hosting Addendum to License unless otherwise indicated. a) Changes All Changes to the standard terms of this addendum will be contained in Schedule 2(z). b) "Client Hardware" means the computer hardware and communications equipment required by Client to log on to the System and use the Software Services and is the responsibility of Client to obtain. c) Netsmart Provided Hardware means any equipment provided to the Client by Netsmart d) Data has the meaning provided in Section 6 e) Hosted System means the hardware and software in Netsmart s (or its third party s) data center, including the Licensed Programs as defined in the Master Agreement that are used to provide Software Services to Client. f) Month 1 means the first day of the first month after mutual contract execution. g) "Service Charges" means the amount to be paid by Client for i) Netsmart s data center usage; ii) Any Netsmart Provided Hardware ; iii) Any Professional Services iv) The payment terms for Service Charges is set forth in Addendum Schedule 2(b) for professional services, Addendum Schedule 2(c) for third party products and Addendum Schedule 2(d) for recurring charges. h) SLA is an abbreviation for Service Level Agreement. The Service Level Agreement, or SLA, describes the functions, features and performance capabilities of the Hosted System as available at Client s site and is set forth in Addendum Schedule 2(e). i) Year 1 means the period from the Addendum Effective Date through its one year anniversary 3. TERM a) Netsmart hereby grants Client a nontransferable, non-exclusive right to access the Hosted System from Netsmart s Data Center for a period of 36 months from the Addendum Effective Date (the Initial Term ). b) Client has the option to terminate the hosting relationship with Netsmart prior to the expiration of the Initial Term, on sixty (60) days notice to Netsmart and payment of an early termination fee equal to ten percent (10%) of the contracted remaining hosting fees through the expiration of the Initial Term. c) At the expiration of the Initial Term this Agreement will be automatically renewed on an annual basis on the anniversary of the Addendum Effective Date for additional one year terms ( Option Terms ). Either party may terminate this agreement as of the last day of the Initial Term or any Option Term, by giving the other party not less than one-hundred and eighty (180) days, in the case of a termination by Netsmart, or sixty (60) days, in the case of termination by Client, written notice of termination prior to the last day of the Initial Term, or the last day of any Option Term as the case may be. d) The Hosted Software Services may be used by Client only: i) for Client s internal business purposes and not to process the data of any other entity; and ii) for access by the maximum number of named users permitted under the Master Agreement; and iii) so long as the Client is not otherwise in default under the Master Agreement or this Addendum. Subsections (i), (ii), and (iii) above shall be understood to permit non-employees of Client, such as agents or contractors who have a need for access to the Licensed Programs to support the internal operations of Client, to be added as named users for the Licensed Programs. e) This Addendum does not convey to Client any title or ownership interest in the Hosted Systems or the Licensed Programs. Client has additional rights in the Licensed Programs, however, under the Master Agreement. f) The Hosting Services covered by this Addendum are provided solely to Client. Client is prohibited from engaging in any activity that makes these Hosting Services available to third parties. NTST myevolv Hosting Addendum Page 1 of 11 April 2016 v1

51 4. CHARGES AND PAYMENT TERMS a) Client agrees to pay Netsmart the Service Charges in the amounts and at the times set forth in Addendum Schedules. With the exception of the initial invoice which is due upon agreement signing, invoices are payable net thirty (30) days after invoice date. Thereafter, any outstanding balance shall bear simple interest at the lower of 18% per annum or the highest interest rate permitted by law. Failure to make timely payment is considered a material default of the Master Agreement. Delinquent accounts will be subject to Netsmart s Delinquent Account Escalation Policy set forth at b) Netsmart agrees that it will not revise the Charges for Hosting Services during the first year of this Addendum. Thereafter, Charges will be increased by 5% annually. Netsmart will give Client not less than sixty (60) days written notice prior to any anniversary of the Addendum Effective Date of the revised schedule of Hosting Service Charges. 5. TAXES The Charges set forth in this Agreement do not include any taxes. Where applicable, there shall be added to such Service Charges and Client shall pay amounts equal to any taxes (however designated, levied, or based) on such Service Charges including, but not limited to, state and local sales, privilege, property, use or excise taxes, but not including taxes based on the net income of Netsmart. Signature page to follow. 7. GENERAL TERMS Except as expressly set forth in this Addendum, the relationship between Netsmart and Client will be governed by the provisions of the Master Agreement. 8. SURVIVAL OF TERMS In the event this Addendum terminates pursuant to its terms, the Master Agreement will continue in full force and effect. 9. CROSS DEFAULT A default by Client and resulting termination of the Master Agreement will similarly terminate the license rights granted by this Addendum. A default and termination of this Addendum, however, will not constitute grounds for termination of the Master Agreement, unless the default under this Addendum would likewise be grounds for termination of the Master Agreement 10. USE OF NETSMART WEBSERVICES If separately purchased, Netsmart supports the use of Netsmart-provided web services in both the SaaS and hosted environmental platforms. A secure medium for transmission of web services data is required in order to connect to the Netsmart environment. 6. PROTECTION OF CLIENT DATA As used in this paragraph 6, the word "Data" means all information acquired from Client that will reside on a Netsmart secure server and be maintained for Client during the performance of this Agreement. Netsmart will maintain the Data in accordance with generally accepted security standards applicable to protected health information and as required by law. Under no circumstance shall Netsmart attempt to access or permit access to Data that is not required for the performance of Netsmart s obligations under this Master Agreement. Upon termination of this Agreement for any reason Netsmart will make a machine readable copy of the Data available to Client. NTST myevolv Hosting Addendum Page 2 of 11 April 2016 v1

52 IN WITNESS WHEREOF, the parties have executed this Addendum as of the date first above written. Netsmart Technologies, Inc. By: Linn County Community Services By: Title: Title: Date: Date: NTST myevolv Hosting Addendum Page 3 of 11 April 2016 v1

53 Addendum Schedule 2(a) Client Hardware To Use MyEvolv EHR The MyEvolv is a native Web application that only needs a Web Browser and an Internet/Intranet connection. Client Workstation Requirements Processor Memory Dual Core 2 gigahertz (GHz) or faster 32-bit (x86) (minimum) or Quad core 2.6 gigahertz (GHz) or faster 64-bit (recommended) 2GB minimum, 4GB or greater recommended Windows 7, 8 (8.1), 10 Operating System Windows 8 RT (Not Supported) IE 11 (Windows 7, 8.1, 10) Application must be a Trusted Site and allow pop-ups. Browser Active X installation allowed if prompted, otherwise System Administrator must install on each PC manually (Spell check, Print control) JavaScript enabled 1024 x bit High Color Display 1024 x 768 required for System Administrator, finance users, and any user with full system access. High-speed secure digital connection between remote clients/satellite offices and web server via Other Recommendations the Internet or direct connection is required. To Use MyEvolv Mobile The MyEvolv mobile application allows users to access key clinical functions on iphone, and Android and Windows Mobile operating systems. Given, variations in devices contact Netsmart to verify compatibility. To Use MyEvolv Supplemental Applications Certain supplemental applications such as Report Designer require.net Framework 4.0. To Use MyEvolv Report Export Features Reports may be saved/exported in different formats certain formats may require other applications such as MS Office for Excel export. Cloud Architecture Technical Requirements may change over the course of the Agreement and as such, Netsmart shall notify Client of any change in which Client is expected to reasonably adopt to meet then-current technical requirements. NTST myevolv Hosting Addendum Page 4 of 11 April 2016 v1

54 Addendum Schedule 2(b) Netsmart License and Professional Services Item Price Payment Terms Set-up Services: $19,000 Due upon execution Building the live and test database Installation of all Licensed Programs together with any patches for optimal performance Establishing security infrastructure Establishing backup/disaster recovery environments Data Migration from Client Server to Netsmart Data Center $6,400 Due upon contract execution Due upon contract execution Total Charges License and Professional Services $25,400 NTST myevolv Hosting Addendum Page 5 of 11 April 2016 v1

55 Addendum Schedule 2(c) Third Party Products Item Price Payment Terms. Total Charges - Third Party Products n/a NTST myevolv Hosting Addendum Page 6 of 11 April 2016 v1

56 Addendum Schedule 2(d) Recurring Charges Description Hosting of Licensed Programs licensed by Client as described on the Expenditure page of the Master Agreement. Payment Due Monthly $1,200 Licensed Programs will be at the Netsmart Data Center. Monthly price is based upon a rate of $10 per named user per year and a minimum purchase of 120 named users per year. Monthly fee will commence upon the first full day of the first full month following Addendum execution. Payments beyond Month 1 are due on the first of the month following first payment during the Initial Term. Additional named users can be added at a rate not less than $10 per named user per month for a period of one year from the date of this Agreement. Checkpoint VPN Client Software (if applicable). Client installable on individual Included devices Reporting Server $475 Total Recurring Charges Monthly $1,675 NTST myevolv Hosting Addendum Page 7 of 11 April 2016 v1

57 Addendum Schedule 2(e) SERVICE LEVEL AGREEMENT For Hosting Account Services 1. Coverage; Definitions This Section sets forth the System Availability commitments for Hosting Services. If monthly System Availability (as defined below) falls below 99.9%, Netsmart will provide a credit against the Client s next monthly Hosting Fees to account for the downtime. The appropriate credit percentage (%) will be determined based on the following table. System Uptime % Credit % >= 99.0% and < 99.9% 5% 98.0 to 98.9% 10% 96.0 to 97.9% 15% < 95.9 or below 25% 2. System Availability Calculation A. Netsmart will calculate System Availability as set forth below for each month during the Term of this Netsmart Contract Addendum. B. System Availability will be calculated as follows (and will be rounded to up to the next one tenth of a percentage point): System Availability = [ (Base Time Unscheduled Downtime) / (Base Time) ] x 100 Base Time equals the product of the number of days in the applicable month times 24 hours times 60 minutes. Unscheduled Downtime equals the time (in minutes) during which the Production System is not operational (excluding Scheduled Downtime ) from Netsmart s Hosting facility internet connection based on the measuring methodology documented below. Scheduled Downtime equals the aggregate total of all minutes of planned and scheduled maintenance performed during the month to perform any necessary hardware, operating system, network, database, application software maintenance, repair, upgrades, and updates. Netsmart will work with Client to determine and use commercially reasonable efforts to Schedule Downtime after regular business hours, during times that minimize the disruption to operations. The amount of scheduled downtime may vary from month to month depending on the level of change to the system such as the project implementation phase, adding new products, upgrading products, etc. C. Client is permitted to audit the Unscheduled Downtime based on the methodology established below. Netsmart agrees to cooperate with Client in connection with any audit of the Unscheduled Downtime. This audit must take place within 30 days of the month end. D. Netsmart recommends that Client implement, on a timely basis, the Service Packages that will be provided to Client by Netsmart on a periodic basis. Netsmart will advise Client on Service Packages that may enhance performance and availability and will advise Client of the advantages of implementing the Service Packages as well as the implication of electing not to implement the Service Packages. Netsmart will perform the technical requirements needed for Client to use the Service Packages that Client elects to implement, at no additional charge and as part of the Hosting Fees. Client and Netsmart will work together to establish a mutually agreeable implementation schedule for the Service Packages. Upon notice to Client that the System s performance and availability will be adversely affected if Client elects not to implement a Service Package, Client will waive any credits set forth above, until such time as Client performs its obligations as necessary to implement the required Service Packages. NTST myevolv Hosting Addendum Page 8 of 11 April 2016 v1

58 E. Client must allow Netsmart to implement the latest Netsmart supported layered software version (i.e. OS, DBMS, etc.) and patches within six (6) months of the general support announcement from Netsmart. Netsmart will advise Client regarding the layered software enhancements as well as the implications of electing not to implement the layered software enhancements. Netsmart will perform the technical requirements needed for Client to use the layered software enhancements that Client elects to implement as part of the Hosting Service fees. Client and Netsmart will work together to establish an implementation schedule for the layered software enhancements. If Netsmart provides notice to Client that the System s performance and availability will be adversely affected if Client elects not to implement the layered software enhancements, Client waives its right to any credits set forth above until Client implements the required layered software enhancements. F. If Client is operating beyond the Scope of Use limits, Client waives its right to any credits set forth above until Client is in compliance with Scope of Use. G. The System will be considered in a System Stabilization Period during the seventy-two (72) hour window following the First Productive Use and following a Major System Change. During a System Stabilization Period, changes to the System may be required to achieve optimal performance and Unscheduled Downtime or Scheduled Downtime minutes do not apply. 3. Exceptions Client shall not receive any credits under this SLA in connection with any failure or deficiency of Hosting Availability caused or associated with: a. Circumstances beyond Netsmart s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, web server software, FTP Servers, or statistics) or inability to obtain supplies, or power used in or equipment needed for provision of services; b. Failure of access circuits to the Netsmart Network, unless such failure is caused solely by Netsmart; c. Scheduled maintenance, scheduled backups, scheduled restores and emergency maintenance and upgrades; d. Issues with FTP, POP, or SMTP Client access; e. Client's acts or omissions (or acts or omissions of others engaged or authorized by Client), including, without limitation, custom scripting or coding (e.g., CGI, Perl, Java, HTML, ASP, etc), any negligence, willful misconduct, or misuse of the Services; f. or webmail delivery and transmission; g. Outages elsewhere on the Internet that hinder access to your account. Netsmart is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Netsmart will guarantee only those areas considered under the control of Netsmart: Netsmart server links to the Internet, Netsmart s routers, and Netsmart s servers. h. Use of a VPN or similar connection which is not exclusively within Netsmart s control at both ends of such connection, and where the problem occurs in the part of the VPN which is not under Netsmart s control. NTST myevolv Hosting Addendum Page 9 of 11 April 2016 v1

59 4. Scheduled Maintenance Netsmart reserves the right to establish a monthly maintenance window for the purpose of upgrading, patching, modifying, and repairing portions or the entire ASP/Hosting environment. The monthly window is generally scheduled on the 3 rd Sunday of the month, from 2:00AM 5:00AM EST. 5. Credit Request and Payment Procedures In order to receive a credit, Client must submit a request for credit to Netsmart Technologies, Inc. Accounting at AR@ntst.com, within ten (10) business days after the incident supporting the request. Each request must include Client's account number (per Netsmart s invoice) and the dates and times of the unavailability of the services. If the unavailability is confirmed by Netsmart as an incident eligible for credit, credits will be applied within two billing cycles after Netsmart s receipt of Client's request. Credits are not refundable and can be used only towards future billing charges. Notwithstanding anything to the contrary herein, the total amount credited to Client in a particular month under this SLA cannot exceed the total hosting fee paid by Client for the month in which Services were impacted. Credits are exclusive of any applicable taxes charged to Client or collected by Netsmart and are Client's sole and exclusive remedy with respect to any failure or deficiency in level of services described in this SLA provided Client applies for and receives such credit. NTST myevolv Hosting Addendum Page 10 of 11 April 2016 v1

60 Schedule 2(z) Changes to Standard Hosting Addendum Section Revision NTST myevolv Hosting Addendum Page 11 of 11 April 2016 v1

61 Netsmart s Hosting Service, reviewed by the LCCS Budget Committee Netsmart has approached the County with an offer to provide secure hosting services for Evolv. Multiple LCCS programs use Evolv, a Netsmart database. Programs using the software include Juvenile Detention, Detention Alternatives of Link, SOLO and Tracker, Options of Linn County, MHDD Case Management, Peer Group, Family Transformational Services, Kids Wraparound and the Child Development Center. Linn County is currently hosting the database in-house. IT staff have evaluated the offer and are supportive of the change to a hosted environment. IT staff are not able to install the complex upgrades as efficiently as Netsmart staff, who are the subject matter experts of the product. County installed upgrades have resulted in longer down times, which are especially challenging for 24/7 operations, such as Juvenile Detention. IT staff target upgrades into production when LCCS programs are operational, so access to Netsmart s technical staff is available. Maintaining trained internal IT staff, when the County targets upgrade installations only two times per year, is challenging. IT staff frequently encounter problems installing upgrades, causing downtime and inefficient use of staff time, as upgrades are backed-out, until problems are resolved. Another key advantage of using Netsmart s hosted service is that the software is compliant with HIPPA requirements. Linn County s IT systems do not meet all HIPPA requirements for health care providers. The IT Director indicated that LCCS would be responsible for the cost of the service, since one department will use the product. The IT budget only includes costs associated with products used by multiple departments. Features Redundancy, with backups performed on a nightly basis and replications occurring throughout the day Two data centers in separate locations with multiple power and cooling sources Backup media is encrypted and stored in a secure vault, off-site Guaranteed 99.9% uptime, which means the data is available 24 hours per day Automatic installation of operating system, database and application software updates SSAE16-compliant with annual third-party audit of all security/compliance controls HIPPA policy and methodology with third-party compliance audits conducted yearly HIPPA designed technology architectures (e.g. encrypted data at rest and transport) Eliminates the need to purchase new or updated hardware for hosted applications Key Facts Over 98% of new Netsmart clients choose Netsmart for hosting Nesmart hosts applications for over 700 clients More than 2,500 client facilities (250,000 users) are connected via Netsmart Plexus Cloud The cost of the hosting service includes a one-time cost for set up services and data migration from the client server to the Netsmart Data Server of $25,400. A FY18 LCCS Budget Surplus could cover the set-up cost. A first year annual charges of $20,100 is expected, based upon 172 system users. Board authorization was discussed (Jan. 22) and approved (Jan. 24) to allow the use of the Evolv Computer Project Carryforward of $227, to fund the ongoing hosting service charge for LCCS departments. 9

62 Client #: Sales Order #: SO23862 Quote #: Quote Date: 02/22/2018 Quote Expiration: 04/21/2018 Presented to: Sue Novak Netsmart Contact: Rachel Radmanesh Linn County Community Services th Avenue Ct SW Cedar Rapids, IA Quote Summary - (Clone) Hosting Evolv Flip Non-Recurring Fees Professional Services $25, Total Non-Recurring Fees $25, $45, Recurring Fees (First Year) Hosted System $20, Total Recurring Fees $20, Total Fees $45, Solution Summary *Hosting Disaster Recovery (DR) Hosting Disaster Recovery (DR) is the primary offering for Plexus Cloud hosted solutions and includes full redundancy, including replication to a secondary data center, so data can be accessed in the event of a disaster. *Hosting High-Availability Hosting High-Availability (HA) is a lower-cost hosting solution. The client s solution platform is hosted in one of Netsmart s data centers. The solution is highly available via a localized virtual environment. Recovery is based on last nightly tape backup. (Remote redundancy and failover to remote facility are available for an additional fee. VPN connectivity is also available for an additional fee.) *Professional Services Professional Services are based on Netsmart's Scope of Work document, which is contained in a separate document. Professional Services are for a set level of effort that is based on Netsmart's exclusive understanding of the requirements. Any changes to the requirements or Netsmart's understanding thereof, may require additional funds from the client. Netsmart will notify the client in advance of any changes to the required funding and the client shall have the right to either purchase the additional level of effort or stay with the initial scope of work. Page 1 of 3 Netsmart Technologies, Inc College Blvd Overland Park, KS 66211

63 Client #: Sales Order #: SO23862 Quote #: Quote Date: 02/22/2018 Quote Expiration: 04/21/2018 Non-Recurring Fees Detail Qty Unit Price Total myevolv Hosting Conversion from Self-Hosted $25, Professional Services myevolv Hosting Setup $15, myevolv Professional Services $4, myevolv Application & DB Migration Hosting Setup $6, Total Fees $25, Recurring Fees Detail Qty Unit Price Term (mo) Total (First Year) myevolv Hosting Conversion from Self-Hosted $14, Hosted System myevolv Hosting - Disaster Recovery 120 NAMED USER/MO $ $14, Hosted System myevolv Reporting Server - High Availability 1 EACH/MO $ $5, Total Fees $20, Page 2 of 3 Netsmart Technologies, Inc College Blvd Overland Park, KS 66211

64 Client #: Sales Order #: SO23862 Quote #: Quote Date: 02/22/2018 Quote Expiration: 04/21/2018 Terms and Conditions Netsmart Pricing and Payment Policies All fees set forth in this quote are due net 30 days, unless otherwise set forth in the master agreement that is identified at the end of this quote. Delinquent accounts will be subject to Netsmart's Delinquent Account Escalation Policy set forth at The following terms apply to this quote: Valid until the expiration date shown above. Subject to and incorporates the terms and conditions of the master agreement. Unless identified separately below, does not include on site services or assistance, or charges for travel, living expense or travel time. License, hardware, hosting set-up fees and 1st year of support/maintenance are 100% due on the date a legally binding commitment is executed by you and Netsmart ( Execution Date ). Charges for Hosting, PaaS, SaaS and subscription services are payable on the Execution Date. Professional Services - Quoted professional services totaling less than or equal to $10,000 are payable on the Execution Date. - Quoted professional services totaling more than $10,000 will have the following payment terms: 50% due upon execution of the Quote with the remaining 50% due upon the earlier of 90 days after execution or completion of the Professional Services. FOB Origin. Shipping and taxes will be separately charged and added to the invoice with other charges quoted above. Netsmart has no obligation with respect to the software, hardware and/or services described in this proposal until a binding agreement incorporating the terms of this proposal is executed between you and Netsmart. Page 3 of 3 Netsmart Technologies, Inc College Blvd Overland Park, KS 66211

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