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2017

2017 (7)

Friday, 16 June 2017 14:38

RESOLUTION 2017-08

Written by

RESOLUTION NO. 2017-08

 

A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JOHNSON TO PARTICIPATE IN THE ANRC FLOODPLAIN MAPPING PROJECT

 WHEREAS, the City of Johnson participates in the National Flood Insurance Program and sees the need to have accurate Flood Insurance Rate Maps within its City limits, and

WHEREAS, FEMA has given priority to updating the Flood Insurance Studies and associated Rate Maps within Washington County, and

WHEREAS, the total project cost is $725,209 and FEMA has provided funding for studies and mapping services in the amount of $612,657, and

WHEREAS, the Arkansas Natural Resources Commission is requesting a local cost match from the City of Johnson in the amount of $6,250.00.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF JOHNSON, ARKANSAS, that:

 

Section 1: The City of Johnson is committed to the Washington County, AR Flood Insurance Study Update and updating the Floodplain Map for Johnson.

  • Section 2:       The required matching funds are committed in an amount not to exceed $6,250.00.

PASSED AND APPROVED this 13th day of June, 2017.

 

 

Friday, 16 June 2017 14:38

RESOLUTION 2017-07

Written by

RESOLUTION NO. 2017-07

 

 

A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JOHNSON TO APPLY FOR STBGP-A FUNDING FOR ACQUISITION OF RIGHT-OF-WAY AND RELOCATION OF FRANCHISE UTILITIES FOR 55rH STREET FROM DON TYSON PARKWAY TO JOHNSON MILL BOULEVARD

 

WHEREAS, the Cities of Springdale and Johnson have received STP-A funding for the design of 56th Street widening from Don Tyson Parkway to Johnson Mill Boulevard ,

WHEREAS, using the pmcurement procedures required by State Law, the Cities have retained Engineering Services, Inc. to perform the project design,

WHEREAS, project design is nearing completion and there is a need to purchase right-of -way and relocate utilities where necessary,

WHEREAS, the City of Springdale is responsible for 70% of the 20% local match and the City of Johnson is responsible for 30% of the 20% local match,

Funding Source

Percent Share

Cost Share

Federal Aid

80%

$ 4,320,000.00

City of Springdale

14%

$     864,000.00

City of Johnson

6%

$     216,000.00

Project Totals

100%

$  5,400,000.00

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF JOHNSON, ARKANSAS, that:

  • The City  of  Johnson  is  committed  to  the  56t h   Street  project  from  Don  Tyson Parkway to Johnson Mill Boulevard and recognizes its regional significance.
  • The  required   matching   funds  are  committed   in  an  amount   not  to exceed

$216,000.00. Project costs to be paid from General Fund.


PASSED AND APPROVED this B;f/fay of June, 2017.

ATTEST:

 

 

Friday, 16 June 2017 14:36

RESOLUTION 2017-06

Written by

RESOLUTION  NO. 2017-06

A RESOLUTION AUTHORIZING EXECUTION OF
BUSINESS ASSOCIATE AGREEMENT WITH BROWN AND  BROWN  OF ARKANSAS, INC.

 

WHEREAS, the City sponsors a Cafeteria Plan for medical expenses for the benefit and wellbeing of its employees and officials;

WHERE , administration of the Cafeteria Plan is through Brown & Brown of Arkansas, Inc. (hereinafter Brown);

WHEREAS , the U. S. Department of Health and Human Services (hereinafter the Department) in order to protect the privacy of participants in the Cafeteria Plan regarding protected health information, requires specific agreements which assign certain responsibilities to the entities handling such information;

WHEREAS, the Business Associate Agreement (hereinafter Agreement) attached hereto is in compliance with the federal regulations as expressed in HIPAA; and,

WHEREAS, the provisions of the Agreement, specifically Article 6, Section 6.7, requires the City to indemnify others and to be indemnified by others in the event of specified occurrences and indemnity provisions may affect the immunity usually afforded municipalities in Arkansas .

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, that:

Section I:    That the attached Business Associate Agreement (Agreement) as it relates to obligations imposed upon the City by virtue of HIPAA regulations to safeguard protected health information which contains indemnification provisions is hereby approved.

 

 

 

Section i: That the Mayor and Recorder-Treasurer are hereby authorized and directed to

I

take such  necessary  steps  and  precautions  as  are  required  to comply  with the  Agreement and

I                             .                              .

specifically Artile 4 thereof.

 

Section 31     That the Recorder-Treasurer should be and hereby is authorized to execute   the Agreement on behalf of the City and transmit the two (2) signed originals to Brown and maintain the original  executed  by Brown upon its return.

PASSED AND APPROVED this 13 day of June, 2017.

 

ATTEST :

J

 

-       -

Business Associate Agreement

 

This Business Associate Agreement ("Agreement") is being entered into between Brown & Brown of Arkansas. Inc. - NW Arkansas ("Business Associate") and all of the Health Plans of Plan Sponsor City of Johnson Jennifer Allen ("Covered Entity") to facilitate compliance with the HIPAA Rules. In consideration for the compensation paid to Business Associate to provide services relating to and on behalf of Covered Entity, the parties agree to the terms set forth in this Agreement.

Article 1 Definitions

 

The following terms have the meanings described in this Article for purposes of the Agreement unless the context clearly indicates another meaning. Terms used, but not otherwise defined; in this Agreement have the same meaning as those terms in the Privacy Rule.

  • 1 Business Associate

"Business Associate" means the entity described in the first paragraph of this Agreement.

  • 2 CFR

"CFR means the Code of Federal Regulations.

  • 3 Covered Entity

"Covered Entity" means all of the Health Plans maintained by Plan Sponsor.

  • 4 Designated  Record Set

"Designated Record Set" has the same meaning as the term "Designated Record Set" in 45. CPR 164.501.

  • 5 Electronic Health Record

"Electronic Health Record" means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care- clinicians and staff.

  • 6 HIPAA

"HIPAA" means the Health Insurance Portability and Accountability Act of 1996.

  • 7 HIPAA Rules

"HIPAA Rules" means the privacy, security, breach notification and enforcement rules of 45 CFR Parts 160 and 164.

  • 8 HITECH Amendment

"HITECH Amendment" means the changes to HIPAA made by the Health Information Technology for Economic and Clinical Health Act.

1.9        Individual

"Individual" has the same meaning as the term "individual" in 45 CFR 160.103 and includes a person  who qualifies as a personal  representative in accordance with 45 CFR 164.502(g).

1.10     Plan Sponsor

"Plan Sponsor" means City of Johnson

1.11     Protected Health Information

"Protected Health Information" has the same meaning as  the  term  "Protected  Health Information" in 45 CFR 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity.

1.12     Required By Law

"Required By Law" has the same meaning as the term "required by law" in 45 CFR 164.103.

1.13     Secretary

"Secretary" means the Secretary of the Department of Health and Human Services or his designee.

1.14     Security Incident

"Security Incident" has the same meaning as the term "Security Incident" in 45 CFR 164.304.

Article 2

Obligations and Activities of Business Associate

 

Business Associate agrees to perform the obligations and activities described in this Article.

  • 1 Business Associate understands that it is subject to the HIPAA Rules in a similar manner as the rules apply to Covered Entity. As a result, Business Associate agrees to take all actions

necessary to comply with the HIPAA Rules for business associates, including, but not limited to,

the following:  Business  Associate shall establish  policies  and procedures  to ensure compliance                                                                                                                                                       Nm}

with the HIPAA Rules, Business Associate shall train its workforce regarding the HIPAA Rules, Business Associate shall enter into a privacy/security agreement with Covered Entity, Business Associate shall enter into privacy/security agreements with its subcontractors that perform functions relating to Covered Entity involving Protected Health Information, and Business Associate shall conduct a security risk analysis.

  • 2 Business Associate agrees to not use or disclose Protected Health Information other than as V

permitted or required by the Agreement or as Required By Law.

  • 3 Business Associate agrees to use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information, to prevent use or disclosure of i/"

the Protected Health Information other than as provided for by this Agreement.

  • 4 Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known

to Business  Associate of a use or disclosure  of Protected  Health  Information by Business                                                                                                                                                       Neu}

Associate in violation of the requirements of this Agreement.

 

 

2.5        Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware and/or any Security Incident of which it becomes aware.

  • 6 Business Associate agrees to the following in connection with the breach notification requirements of the HIPAA Rules:
    1. a) If Business Associate discovers a breach of unsecured Protected Health Information, as those terms are defined by 45 CFR 164.402, Business Associate shall notify Covered Entity without unreasonable delay and within 10 calendar days after discovery. For this purpose, discovery means the first day on which the breach is known to Business Associate or by exercising reasonable diligence would have been known to Business Associate. Business Associate shall be deemed to have knowledge of a breach if the breach is known or by ex,ercising reasonable diligence would have been known to any person, other than the person committing the breach, who is an employee, officer, subcontractor or other agent of Business Associate. The notification must include identification of each individual whose unsecured Protected Health  Information  has been or it has reasonably believed to have been breached and any other available information in Business Associate's possession  which the Plan is required  to include in
  • the individual notice contemplated by 45 CFR 164.404.
    1. b) Not withstanding the immediately preceding paragraph, Business  Associate  shall assume the individual notice obligation specified in 45 CFR 164.404 on behalf of Covered Entity where a breach of unsecured Protected Health Information was committed by Business Associate or its mnployee, officer, subcontractor or other agent of Business Associate or is within the unique knowledge of Business Associate as opposed to Covered Entity. In such case, Business  Associate  will  prepare the notice and shall provide it to Covered Entity for review and approval at least  five  calendar days before it is required to be sent to the affected individual(s). Covered Entity shall promptly review the notice and shall not unreasonably withhold its
    2. c) Further, where a breach involves more than 500 individuals and was committed by the Business Associate or its employee, officer, subcontractor or other agent  or is  within the unique knowledge of Business Associate as opposed to Covered Entity. Business Associate shall provide notice to the media pursuant to 45 CFR 164.406. Again, Business Associate will prepare the notice and shall provide it to Covered Entity for review and approval at least five calendar days before it is required to be sent to the media. Covered Entity shall promptly review the notice and shall not unreasonably withhold its
    3. d) Business Associate shall either report breaches of unsecured Protected Health Information  with respect to Covered Entity to the Secretary in accordance with 45 CFR

164.408 or alternatively, shall maintain a log of breaches of unsecured  Protected  Health. Information with respect to Covered Entity and shall submit the log to Covered Entity within 30 calendar days following the end of each calendar year so that Covered Entity may report the breaches to the Secretary in accordance  with 45 CFR 164.408(c).

 

 

2.7         Business Associate agrees to ensure that any agent, including a subcontractor, that creates, receives, maintains or transmits Protected Health Information on behalf of Business Associate regarding Covered Entity, agrees in writing to the same restrictions, conditions and requirements that apply through this Agreement and the HIPAA Rules to Business Associate with respect to such information. Moreover, Business Associate shall ensure that any such  agent  or subcontractor agrees to implement reasonable and appropriate safeguards to protect Covered Entity's electronic Protected Health Information.

  • 8 Business Associate agrees to provide reasonable access, at the written request of Covered Entity, to Protected Health Information in a Designated. Record Set, to Covered Entity or, as directed in writing by Covered Entity, to an Individual or the Individual's designee in order to meet the requirements under 45 CFR 164.524. If Business Associate receives a request directly from an Individual or the Individual's designee,  Business  Associate shall notify Covered  Entity as soon as administratively feasible in order for the parties to coordinate a response.
  • 9 Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Covered Entity directs in writing or agrees to pursuant to 45 CFR 164.526, or take any other measures as necessary  to satisfy Covered  Entity's obligations  under 45 CFR 164.526. If Business Associate receives a request directly from an Individual or the Individual's designee, Business Associate shall notify Covered Entity as soon as administratively feasible in order for the parties to coordinate a response.
  • 10 Following receipt of a written request by Covered Entity, Business Associate agrees to make its internal practices, books, and records including policies and procedures and Protected Health Information relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity reasonably  available to the Secretary for purposes of the Secretary determining Covered Entity's compliance with the HIPAA Rules.
  • 11 Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528, effective as of such effective date prescribed by regulations issued by the U.S. Department of Health and Human Services, an accounting of disclosures of Protected Health Information from an Electronic Health Record in accordance with the HITECH Amendment.
  • 12 clip_image019.gifFollowing receipt of a written request by Covered  Entity,  Business  Associate agrees to provide to Covered Entity or an Individual or the Individual's designee, information collected in accordance with Section 2.10 of this Agreement, to permit Covered Entity  to  respond  to a request by an Individual or the Individual's designee, for an accounting of disclosures  of Protected Health Information in accordance with 45 CFR 164.528, effective as of such effective date prescribed by regulations issued by the U.S. Department of Health and Human Services, an accounting of disclosures of Protected Health Information from an Electronic Health Record in accordance  with  the HITECH  Amendment. If  Business  Associate  receives  a request directly

 

 

from an Individual or the Individual's designee, Business Associate shall notify Covered Entity as soon as administratively feasible in order for the parties to coordinate a response.

  • 13 To the extent Business Associate is to carry out one or more of Covered Entity's  obligations under Subpart E of 45 CFR Part 164, Business Associate shall comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligations.

Article 3

Permitted Uses and Disclosures by Business Associate

 

  • 1 Business Associate may use or disclose Protected Health Information to perform functions, activities or services for, or on behalf of, Covered Entity as specified in the underlying service agreement between Plan Sponsor and Business Associate with respect to the Health Plan(s), provided that such use or disclosure would not violate the HIPAA Rules if done by Covered Entity. If there is no underlying service agreement between Plan Sponsor and Business Associate with respect to the Health Plan(s), Business Associate may use or disclose Protected Health Information to perform functions, activities or services for, or on behalf of, Covered Entity for the purposes of payment, treatment or health care operations as those terms are defined in the HIPAA Rules, provided that such use or disclosure would not violate the HIPAA Rules if done by Covered Entity.

Business Associate is authorized to use Protected Health Information to de- identify the information in accordance with 45 CFR 164.514(a)-(c). Before proceeding with any such de­ identification, Business Associate shall inform Covered Entity in writing of the manner in which it will de-identify the Protected Health Information and the proposed use and disclosure by the Business Associate of the de-identified information.

  • 2 Business Associate may use or disclose Protected Health Information as Required by Law.
  • 3 Business Associate agrees to make uses and disclosures and requests for Protected Health Information consistent with Covered Entity's minimum necessary policies and procedures.
  • 4 Business Associate may not use or disclose Protected Health Information in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity, except for the specific uses and disclosures set forth in this Article.
  • 5 Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
  • 6 Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that disclosures are Required by Law, or Business Associate obtains reasonable assurances in writing from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

 

-

  • 7 Business Associate may use Protected Health Information to provide data aggregation services relating to the health care operations of the Covered Entity.

Article 4 Obligations of Covered Entity

 

  • 1 Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity under 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information.
  • 2 Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an. Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information.
  • 3 Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information.
  • 4 Covered Entity shall not request Business Associate to use or djsclose.Protected Health Information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity. However, there is an exception to this restriction if, pursuant to this Agreement, Business Associate uses or discloses Protected Health Information for data aggregation or management and administration and legal responsibilities of the Business Associate.

 

5.1         Term

 

Article 5

Term and Termination

 

This Agreement shall replace and take precedence over any prior business associate agreement entered into between the parties. It shall take effect on 11/01/16 and shall terminate on the date the Agreement is terminated for cause pursuant to Section 5.2 or such other date as agreed to by the parties in writing.

5.2         Termination for Cause

Business Associate authorizes termination of this Agreement by Covered Entity, if. Covered Entity determines that Business Associate has violated a material term of the Agreement. In this situation, Covered Entity shall either:

  1. a) Provide an opportunity for Business Associate to cure the breach or end the violation, and terminate this Agreement if Business Associate does not cure the breach or end the violation within a reasonable time, as specified by Covered Entity; or
  2. b) Immediately terminate this Agreement if Business Associate has breached a material term of this Agreement and Covered Entity determines that cure is not

 

5.3         Effect of Termination

  1. a) Except as provided in subparagraph (b) upon termination of this Agreement, for any reason, Business Associate shall return or if agreed to by Covered Entity, destroy all Protected Health Information received from Covered Entity, or created, maintained or received by Business Associate on behalf of Covered Entity that Business Associate still maintains in any form. Business Associate shall retain no copies of the Protected Health .
  2. b) In the event that Business Associate determines that returning or destroying the Protected Health Information is necessary for its own management and administration or to carry out its legal responsibilities and Business Associate determines that it needs to retain the Protected Health Information for such purposes after termination of the Agreement, Business Associate agrees to the following restrictions set forth in this subsection. Specifically, upon termination of this Agreement, for any reason, Business Associate, with respect to Protected Health Information received from Covered Entity, or created, maintained or received by Business Associate on behalf of Covered Entity, shall:
    1. Retain only the Protected Health Information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities;
    2. Return to Covered Entity or if agreed to by Covered Entity, destroy the remaining Protected Health Information that Business Associate still maintains in any form;
  • Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information to prevent use or disclosure of the Protected Health Information, other than as provided for in this Section, for as long as Business Associate retains the Protected Health Information;
  1. Not use or disclose the Protected. Health Information retained by Business Associate other than for the purposes for which the Protected Health Information was retained and subject to the same conditions set out in Sections 3.5 and 3.6 which apply prior to termination; and
  2. Return to Covered Entity or, if agreed to by Covered. Entity in writing, destroy the Protected Health Information retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.
  1. c) Not withstanding any other provision of this Section, Covered Entity may authorize Business Associate to transmit Protected Health Information to another Business Associate of the Covered Entity at termination pursuant to Covered Entity's written instructions.
  2. d) This Section shall apply to Protected Health Information that is in the possession of subcontractors of Business Associate and Business Associate shall be obligated to ensure the return or destruction (if agreed to by Covered Entity) of such Protected Health-Information.

 

6.1        Notice

 

Article 6 Miscellaneous

 

Any notice or other written communication required or permitted to be given to the other party under this Agreement must be addressed to the attention of the other party in care of the contact person identified below. Written notice may be delivered by certified mail or overnight mail.

Business Associate:

Brown & Brown of Arkansas, Inc. - NW Arkansas Contact Person:  J. Todd Setser

1479 Executive Pl, Ste A Springdale, AR 72762-4324

 

Covered Entity:

Health Plans of: City of Johnson Contact Person: Jennifer Allen PO Box 563

Johnson,AR 72741

 

  • 2 Regulatory References

A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.

6.3         Amendment

This Agreement may only be amended in a written document signed by an authorized representative of each party. The parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the HIPAA Rules and any other applicable law. If the Business Associate refuses to sign such an amendment, this Agreement shall automatically terminate.

6.4        Survival

The rights and obligations of Business Associate under Section 5.3 of this Agreement shall survive the termination of this Agreement.

6.5        Interpretation

Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.

6.6         Successors

This Agreement is binding on each party's legal successors.

6.7         Indemnification

clip_image033.gifRegardless of whether Business Associate is Covered Entity's agent, Business Associate agrees to indemnify and hold harmless Covered Entity, Plan Sponsor and its directors, officers and employees against any and all claims, lawsuits, settlements, judgments, costs, penalties and expenses including attorneys fees resulting from or arising out of or in connection with a use or

 

 

disclosure of Protected. Health Information by Business Associate or its subcontractors or agents in violation of this Agreement.

Covered Entity and Plan Sponsor agree to indemnify and hold harmless Business Associate and its directors, officers and employees against any and all claims, lawsuits, settlements, judgments, costs, penalties and expenses including attorneys fees resulting from or arising out of or in connection with a use or disclosure of Protected Health Information by Covered Entity or Plan Sponsor, or agents of Covered Entity or Plan Sponsor, in violation of this Agreement.

6.8        No Beneficiaries

Nothing expressed or implied in this Agreement is intended to confer, nor shall anything confer, upon any person other than the Covered Entity, Plan Sponsor and Business Associate, and their respective successors or assigns, any rights, remedies, obligations or liabilities.

 

Dated:                                             

 

Dated:------------

 

Brown & Brown of Arkansas, Inc - NW Arkansas

  1. Todd Setser

Executive Vice President

 

Health Plans of:

City of Johnson

 

Thursday, 20 April 2017 14:25

RESOLUTION 2017-02

Written by

RESOLUTION NO. 2017-02

 A RESOLUTION AMENDING SECTION 33 OF THE  JOHNSON POLICE DEPARTMENT POLICY & STANDARD OPERATING PROCEDURE MANUAL TO ADOPT POLICIES AND PROCEDURES FOR  DEPARTMENT  USE OF ELECTRONIC CITATIONS.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS:

Section 1: Section 33 of the Johnson Police Department Policy & Standard Operating Procedure is hereby amended by deleting the text of subparagraph a. (2) under 'Procedures' in its entirety and replacing it with the following:

"(2) The Johnson Police Department has entered into an agreement to obtain hardware and licenses to utilize software to allow the department to issue and process citations electronically. As used in this Section EC shall mean electronic citation (and the processing of that citation electronically) and UTT shall mean Arkansas Uniform Traffic Ticket and Complaint. Either an EC or a UTT should be issued to a violator who jeopardizes the safe and efficient flow of vehicular and/or pedestrian traffic, including hazardous moving violations or operating unsafe and improperly equipped vehicles. The EC or UTT may also be issued for non-moving violations, however, officers will evaluate the circumstances of each offense and use discretion in deciding whether to issue a warning or either an EC ora UTT.

The Chief of Police, or his/her designee, shall periodically review all aspects of the EC and UTT process to ensure that the Johnson Police Department is in full compliance with ACA Sec. 16-10-205 and in full compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee."

Section 2: Section 33 of the Johnson Police Department Policy and Standard Operating Procedure is hereby amended by adding the following 4th paragraph under paragraph a. under 'Procedures'  as follows:

"(4) It is the responsibility of the officer issuing an EC or a UTT and his/her supervisor to insure that copies (electronic or paper) of all field notes or records (potential Brady material) made by the Officer shall be provided to the Court Clerk for inclusion in the case file."

 

Section 3: Section 33 of the Johnson Police Department Policy & Standard Operating Procedure is hereby amended by deleting in its entirety the text of paragraph c. under 'Procedures' and replacing it with the following:

"Information RE Traffic Summons (EC or UTT): The EC or UTT will be completed whenever a motorist is to be charged with a motor vehicle violation and the motorist will be told the following:

  1. I) Court appearance schedule (date, time and place);
  • 2) Whether court appearance by the motorist is mandatory;
  • 3) Whether the motorist may be allowed to plead guilty and prepay the fine/cost prior to court;
  • 4) Any other necessary information prior to the release of the ''

Section 4: Section 33 of the Johnson Police Department Policy & Standard Operating Procedure Manual is hereby amended by deleting in it entirety the text of subparagraph d. (5) under 'Procedures' and replacing it with the following:

"Multiple Violations. Either an EC or a UTT can be issued for each violation, however, the more flagrant violation is generally cited and a warning issued for the remainder."

Section 5: Section 33 is hereby amended by deleting in its entirety the text of sub- paragraph j. (1) under 'Procedures' and replacing it with the following:

"Either an EC or a UTT may be issued when an officer has stopped a vehicle and identified the driver as driving with a revoked or suspended operator's license. We arrest for driving on suspended for DWI, we cite for driving on suspended for administrative reasons."

Section 6: Section 33 of the Johnson Police Department Policy & Standard Operating Procedure is hereby amended as to subparagraph k.(2)(g) under 'Procedures' by deleting the words "Municipal Court" and replacing those words with the following:

"Johnson Department of the Washington County District Court:'

 Section 7: Section 33 of the Johnson Police Department Policy & Standard Operating Procedure is hereby amended as to the first subparagraph identified as m.(6){e) under 'Procedures'

 by deleting the words/numbers "on the Court date (ACA 5-65-205)" and replacing those words/numbers with the following:

" ... as provided  in ACA 5-65-402."

Section 8: Section 33 of the Johnson Police Department Policy & Standard Operating Procedure is hereby amended as to the second  paragraph  identified as m.(6)(e) under 'Procedures' by  renaming that subparagraph "m.(6)(f)".

Section 9: In all other respects, the Johnson Police Department Policy  &  Standard Operating Procedure Manual  is not amended or  modified  and  is hereby ratified and confinned.

 

PASSED AND APPROVED this        day of                                        ,2017.

APPROVED:

 CHRIS  KEENEY, Mayor

 

ATTEST: JENNIFER  ALLEN, Recorder-Treasurer

Thursday, 20 April 2017 14:15

RESOLUTION 2017-04

Written by

RESOLUTION NO. 2017-04

A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JOHNSON TO UTILIZE FEDERAL-AID TRANSPORTATION ALTERNATIVES  PROGRAM FUNDS

 WHEREAS, City of Johnson understands Federal-aid Transportation Alternatives Program Funds are available at 80% federal participation and 20% local match to improve and/or install lighting on the trails, including the Razorback Greenway within the City of Johnson;

WHEREAS, the City of Johnson understands that Federal-aid Funds are available for this project on a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement; and,

WHEREAS, this project, using federal funding, will be open and available for use by the general public and maintained by the applicant for the life of the project.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:

 SECTION I: The City of Johnson will participate in accordance with its designated responsibility, including maintenance of this project.

SECTION II: The Mayor and Recorder-Treasurer are hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction  of the above stated project.

SECTIO Ill:               The Johnson  City  of Council pledges  its full  support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project.

       
       
 


THIS RESOLUTION adopted this 11th day of April, 2017.

 

 

Thursday, 20 April 2017 14:13

RESOLUTION 2017-03

Written by

RESOLUTION 2017-03

 

A RESOLUTION APPROVING A MEMORANDUM  OF UNDERSTANDING BETWEEN THE CITIES OF JOHNSON AND FAYETTEVILLE, ARKANSAS, CONCERNING  THE  TRAFFIC  SIGNAL AT  JOYCE  AND WILKERSON

 WHEREAS, the Cities of Johnson and Fayetteville previously entered into an interlocal agreement that the traffic signal at the intersection of Joyce Boulevard and Wilkerson Street within the city limits of Johnson  would  be owned and  operated  by the City of Fayetteville;

WHEREAS, discussions between the cities over the last several months centered  on the  City of Johnson assuming responsibility for the traffic signal and adding  pedestrian  crossing sections  to tie in with the nearby  trailhead;

WHEREAS, future development in the City of Johnson will necessitate that  the  traffic signal  at that  intersection  be converted  into four-way operation; and,

WHEREAS, the Cities of Fayetteville, Arkansas and Johnson Arkansas have reached a Memorandum of Understanding regarding the transfer of ownership and responsibility for the operation  of the traffic signal  at that intersection;

BE IT RESOLVED  BY THE CITY  COUNCIL  OF JOHNSON,  ARKANSAS,  that:

 Section IThe  Memorandum  of  Understanding  regarding  the  transfer  of  the  traffic signal located at the intersection of Joyce Boulevard and Wilkerson Street, as attached to this resolution,  is hereby  approved  by the Council.

Section 2: The Mayor and Recorder-Treasurer are  hereby  authorized  to sign and execute the attached  Memorandum  of Understanding  with the Mayor and Clerk of the City of Fayetteville.

 
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 Section 3: Regarding the transfer of the traffic signal at Wilkerson and Joyce, that the Mayor and Recorder-Treasurer are hereby authorized and directed to take such further steps as are necessary to maintain and operate such traffic signal so as to provide the same basic service as the motoring public has enjoyed for the last couple of decades and to provide for safe crossings of Wilkerson Street by pedestrians at that location.

PASSED AND APPROVED  this 11th   day of April,  2017.

clip_image008.gifAPPROVED:

ATTEST :

 

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clip_image011.gifJ

Thursday, 20 April 2017 14:10

RESOLUTION 2017-01

Written by

RESOLUTION 2017-01

A RESOLUTION AMENDING RESOLUTION 2015-20 OF THE CITY OF JOHNSON, ARKANSAS; AMENIHNG THE BUDGE'lr FOR THE PERIOD BEGINNING JANUARY 1 , 2016 ANU ENDING DECEMBER 31, 2016.

 WHEREAS, the City Counci I has been advised of changes in various portions of the 2016 City Budget affecting  both  actual  expenses and  income ditlerent than anticipated  for 2016; and

WHEREAS, it is the opinion of the City Council that an amendment to the budget accepted by Resolution 2015-20  is required  to make appropriations for the revenue to cover the additional  and different expenses  for the year 20 I 6.

NOW, THEREFORE, IT IS HEREBY R ESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS,

 SECTION 1:    That  Resolution  2015-20 which is known as the Budget Resolution  for the City of Johnson, for the year 2016 which reflected an estimate of revenues and expenditures for the city departments did not adequate ly meet the needs of those departments. The attached budget is hereby adopted as an amendment to the budget approved by Resolution  20I5-20.

SECTION 2:    The respective  amounts in the attached  Exhibit shall be and constitute the changes  to the  budget for the year 20 I 6 as was attached  to  Resolution 2015-20.

PASSED  AND APPROVED this 10 day of   January, 2017.

Chris Keeney                       --   Mayor           -

ATTEST:

 
   

 

Municipa l/co  j Resolution  Amending  Budget 2017 010516

 
   

 General Fund

Amended 2016 Budget

 
   

 

Annual Budget

Jan 2016

                                                                                                     Dec 2016                                                                                                            

Revenue & Expenditures

Revenue

Tax Receipts

Franchise Taxes

115,000.00

Property Taxes

393,000.00

Property Taxes - Street

42,500.00

Sales Tax - City

575,500.00

Sales Tax - County

620,500.00

Turnback - State

50,000.00

Fines and Forfeitures

Court Costs - Act 1256

 

41,100.00

Fines

160,000.00

Restitution

5,600.00

Warrant  Service Charge

10,300.00

 

Fees & Permits

5% state construction surcharg Building Permits

Business Licenses Demolition Permit Flood Hazard Permit Grading Permit Mechanical Permits Sign Permits Submittal Fees

Other Revenue

 

2,950.00

52,700.00

5,200.00

1.00

200.00

1,500.00

6,575.00

290.00

7,500.00

 

City Donations

 

100.00

Copy Charges

 

360.00

Grant Funding

 

34,650.00

Interest Earned

 

3,850.00

Johnson Festival

 

2,600.00

Misc Income  - General

 

1,680.00

Misc Income - Sales

 

645.00

Police Dept Donation

 

3,500.00

Rent - Post Office

 

8,400.00

Surplus Carryover

 

300,000.00

Trash Bags

 

3,100.00

 

Revenue

$2,449,301.00

 

Expenses

 

Gross   Profit--$-2.;_,44_9..;.,3_0_1_.-oo-

 

Police Department Expense

Cell Phone

Equip less $500 - Police Equip less $500 - vehicle Equip over $500 - Police Equip over $500 - Vehicle Fuel

General Expenses  < $500

Gross Wages Police LOPFI Funding Maintenance for equip PD Membership Dues PD Office Expense

 

2,050.00

1,500.00

925.00

3,385.00

5,080.00

17,000.00

1,800.00

502,500.00

50,000.00

50.00

100.00

12,000.00

 

clip_image008.gif

 

clip_image009.gif

clip_image010.gifGeneral Fund

Amended 2016 Budget

 

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PD Safety  Equip PD Travel Expense

Police Dept Donation Police Overtime Wages Purchase  New PD Unit

Records Management System Ruling 8.1  Court Fee

Tower Rental Training

Uniforms Expense Vehicle Insurance Vehicle Maintenance

Administrative  Expense

S% State Construction Surcharg Admin Expense

Building Official Expenses Capital Outlay (over $500) Code Red

Gross Wages - City

Land Purchase

Office Expenses - Admin Overtime  Wages-  City Petty Cash Expense Schematic  City Master Plan

Trans to Street - Property Tax Transportation Allowance Trash Bags

Travel Expenses Unemployment Fee

Fire Department Expense

Fire Truck Insurance JAVFD Contribution JAVFD Vehicle Expense

Court Expense

Court  Clerk Training Court Office Expense Court Office Overtime Gross Wages Court Office Gross Wages Dist. Judge

Benefits Expense

APERS Expense

City Match - 401 K Plan Medical Insurance Medicare - Employers One Time  Pay Increase

Social Security - Employers Workers  Comp Insurance

General Expense

 

Annual Budget

Jan 2016

clip_image012.gifDec 2016

1,330.00

2,530.00

5,750.00

7,100.00

15,400.00

13,500.00

4,200.00

3,200.00

5,550.00

9,500.00

3,350.00

12,300.00

3,105.00

775.00

2,875.00

1.00

1.00

225,000.00

111,800.00

23,650.00

500.00

105.00

1.00

44,330.00

3,600.00

5,445.00

410.00

5,000.00

1,850.00

277,500.00

50.00

350.00

4,150.00

1.00

116,500.00

13,710.00

2,000.00

13,000.00

91,500.00

12,650.00

3,900.00

54,000.00

14,595.00

 

Animal  Impound Fees

200.00

Bldg & Equip Maint

10,250.00

Election Fee

2,125.00

Fire Hydrant Rental

2,325.00

Hazmat

1,300.00

 
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clip_image015.gifGeneral Fund

Amended  2016 Budget

 

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Insurance - Property Misc Expenses

Transfer to Street - Misc/Fund Utilities Expense

Professional  Services Expense

Engineering for 56th Street Engineering/Infrastructure Engineering/Mapping Engineering/Ordinance Updating Engineering/Storm Water Mgmt Engineering/Submitted Plan Rev Legal Fees

Planning and Zoning Special Attorney Fees

Dues and Membership Expense

 

Annual Budget

Jan 2016

clip_image017.gifDec 2016

2,010.00

1.00

100,000.00

25,000.00

1.00

12,620.00

2,900.00

1.00

17,600.00

41,230.00

32,100.00

4,500.00

18,200.00

 

Erner  Medical Serv

28,400.00

Membership Dues

3,900.00

ORT Fair Share Contribution

5,000.00

Solid Waste District Contribut

3,775.00

Park Expense

 

Park Expense

3,360.00

Park Expense -  Restroom

1,110.00

Repair/ Maintenance Expense

Trail  System Expenses

16,125.00

Advertising & Promotion Expens

e

Advertising

3,800.00

Johnson Festival

2,050.00

Public Relations

1,175.00

Expenses--$2,053,512.00

Revenue Less Expenditures             $395,789.00

Net Change  in Fund Balance           $.,..._93_.    5_,=7s_9 0_0-

 

 

Fund Balances

Beginning Fund Balance

Net Change in Fund Balance Ending Fund Balance

 

0.00

395,789.00

0.00

 

 

 

 

clip_image020.gifStreet Fund

Amended 2016 Budget

 

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Revenue & Expenditures

Revenue

Tax Receipts

 

Annual Budget

clip_image022.gifJan 2016 Dec2016

 Expenses

Labor Expense

Gross Wages - Street

 Revenue               ....$.;.4._5...6.;,..2._0_5._00 Gross Profit                                 $456,205.00

 

 

 

Property Taxes - Street

44,350.00

Turnback - State - Street

221,575.00

Other Revenue

Grant Funding

10,000.00

Interest Earned

280.00

Surplus Carryover

80,000.00

Transfer from Gen Fund - Gener

100,000.00

 

96,400.00

 

Street Wages Overtime

Benefits Expense

 

1,150.00

 

City Match - 401 K Plan

1,660.00

Medical Insurance

14,250.00

Medicare - Employers

1,430.00

One Time Pay Increase

880.00

Social Security - Employers

60,100.00

Uniforms - Street

1,200.00

General Expense

 

__---

 

Electric - Street Lights

22,400.00

Fuel - Street Vehicles

5,900.00

Signal Maintenance

2,450.00

Street Cell Phone

1,000.00

Street  Equipment Replacement

22,000.00

Street Shop Misc

1,400.00

Street Signs

525.00

Street Sweeping

2,260.00

Vehicle Insurance - Street

2,155.00

Repair/ Maintenance Expense

Equipment  Maintenance

8,800.00

Street Repairs & Maint

26,000.00

Winter Chat

100.00

 

Expenses                                           $272,060.00 Revenue Less Expenditures           ....$.;.1._8..4..;,..1._45.00 Net Change in Fund Balance                                           $184,145.00

Fund Balances

 

Beginning  Fund Balance

Net Change in Fund Balance Ending Fund Balance

 

0.00

184,145.00

0.00

 

 

 

 

clip_image025.gifAct 1256

Amended 2016 Budget

 

clip_image026.gif

 

 

 

Revenue & Expenditures

Revenue

Fines and Forfeitures

Court Costs - Act 1256

 

Annual Budget

clip_image027.gifJan 2016 Dec2016

 

86,384.00

Revenue                    $,8:_6:..,.3.,8_ 4.00

 

 

Expenses

Other Expense

 

Gross Profit               $86,384.00

 

Court Cost - General Fund

41,867.00

Court Costs - Dept. of Fin

16,034.00

Court Costs - LOPFI (Johnson)

6,256.00

Court Costs - WA County

22,227.00

Expenses

$86,384.00

 

 

Fund Balances

Beginning Fund Balance

Net Change in Fund Balance Ending Fund Balance

 

0.00

0.00

0.00

 

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clip_image030.gifAct988

Amended 2016 Budget

 

clip_image031.gif

 

 

 

Revenue & Expenditures

Revenue

Fines and Forfeitures

No Ins Fine/Act 988

Other Revenue

Surplus Carryover

 

Annual Budget

clip_image032.gifJan 2016 Dec2016

 

 

 

 

30,450.00

40,000.00

clip_image033.gif

Revenue               $70,450.00

 

 

Expenses

 

Gross Profit                     $_7_0_,-4S_O   o o

 

Expenses                   $...6.;.6...,.;3._0_0._00

 

Police Department Expense

 
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Purchase New PD Unit                                           66,300.00

Revenue Less Expenditures                                                                ...$.;.4....,;1._5_0._00 Net Change in Fund Balance                                                                             $4,150.00

 

Fund Balances

 

Beginning Fund Balance

Net Change in Fund Balance Ending Fund Balance

 

0.00

4,150.00

0.00

 

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clip_image036.gifclip_image037.gifCourt Automation Fund

Amended  2016 Budget

 

clip_image038.gif

 

 

 

Revenue & Expenditures

Revenue

Other Revenue

Court Auto Fee Surplus Carryover

Expenses

Other Expense

 

Annual Budget

clip_image039.gifJan 2016 Dec2016

 

 

 

 

14,060.00

9,000.00

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Revenue               $23,060.00 Gross Profit---$ 2-3.;..,0_6_0_.0_0

 

 
  clip_image040.gif

 

__---         -

 

Court Automation                                              16,895.00

Expenses               $16,895.00

Revenue Less Expenditures                                                                 $6.,;1..65.00 Net Change in Fund Balance                                                               $6,165.00

Fund Balances

 

Beginning  Fund Balance

Net Change in Fund Balance Ending  Fund Balance

 

0.00

6,165.00

0.00

 

clip_image041.gif

 

clip_image042.gif

clip_image043.gifLOPFI

Amended  2016 Budget

 

clip_image044.gif

 

 

 

Revenue & Expenditures

Revenue

Fines and Forfeitures

Court Costs - Act 1256

Other Revenue

 

Annual Budget

Jan 2016

clip_image045.gifDec 2016

 

 

 

 

 

6,256.00

 

Interest Earned                                                        81.00

LOPFI FUNDING                                               50,000.00

Trans Employee Contribution                         12,750.00

Revenue               $69,087.00

 

 

Expenses

Benefits Expense

 

Gross Profit      

 

$,....6"""'9,....,0.,....8,....7--.0--0.,..

 

 
  clip_image046.gif


Retirement Expense                                         79,235.00

Expenses---$79,235.00

---- -

 

Revenue Less Expenditures                                                              ($10,148.00) NeCthange in Fund Balance            ($10,148.00)

Fund Balances

 

Beginning  Fund Balance

Net Change in Fund Balance Ending Fund Balance

 

0.00

(10,148.00)

0.00

 

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