board of county commissioners agenda ......2016/03/07 · united states district court district of...

BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, MARCH 7, 2016, 9:00AM

COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $855.55-District Attorney.

2. Acknowledge receipt of correspondence from Cox Communications regarding franchise notification renewal agreements.

3. Consider authorization and execution of Contract C58-2016 with the Kansas Expocentre for use of Heritage Hall to conduct a judicial tax foreclosure sale on April6, 2016-County Counselor.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. PUBLIC WORKS/SOLID WASTE -Tom Vlach

1. Consider approval of request to award bid to Vance Brothers Inc., for 14,000 gallons ofCR-1H road oil at a cost of$24,500.00.

C. HEALTH AGENCY-Alice Weingartner/Allison Alejos

1. Consider authorization and execution of Contract C59-2016, third amendment to Contract 324-2013 with the Kansas Department of Health and Environment to provide outreach, prevention, and early intervention services through the Shawnee County Health Agency.

D. FACILITIES MAINTENANCE-Bill Kroll

1. Consider approval of request to solicit bids for pest control services for county facilities.

E. ELECTIONS OFFICE-Andrew Howell

1. Consider approval of request to fill an Office Assistant II position I Voter Registration Clerk and any positions that may become vacant as a result of filling this position at an annual salary, including benefits, of $32,852.60.

F. PARKS AND RECREATION-John Knight

1. Consider authorization and execution of Contract C60-2016 with the Capital City Christian Chamber of Commerce (C5

) to conduct the Topeka Easter Parade and Family Fun Fest Event on March 26, 2016 in Gage Park with reimbursement of$1,800.00 to be deposited in the Parks and Recreation Foundation account.

2. Consider authorization and execution of Contract C61-2016 with GameTime c/o Cunningham Recreation Greenspace/Land Division for parts to replace damaged playground equipment at a cost of$705.05.

3. Consider authorization and execution of Contract C62-2016 between Parks+ Recreation, the Shawnee County Parks and Recreation Foundation and Quest Credit Union, who will be donating $180,000.00 for future improvements for Skyline Park in the next six years.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

·_=-nc; OFFICE OF THE DISTRICT ATTORNEY _j__

THIRD JUDICIAL DISTRICT OF KANSAS

Chadwick J. Taylor, District Attorney

MEMORANDUM

TO: Board of County Commissioners

FROM: Chadwick J. Taylor, District Attorney

DATE: March 2, 2016

RE: Request for Diversion Fund Payments

The District Attorney's Office wishes to pay the following invoices from their Diversion Fund account:

1) Clayton Paper & Distribution, Inc. for copy paper a) Invoice No. 90551 dated February 23,2016 in the amount of$216.30

2) Clerk, U.S. District Court of Kansas for certified records a) Invoice dated February 29,2016 in the amount of$11.90

3) Flory, Marci for transcript fees a) Invoice dated February 24, 20l6 in the amount of$70.00

4) Independent Stationers for office supplies a) Invoice No. 585415 dated February 24,2016 in the amount of$300.55

5) LindySpring Systems for monthly water service ·a) Invoice No. 1008136 dated January 21,2016 in the amount of$23.20 b) Invoice No. 1009034 dated January 29,2016 in the amount of$108.80 c) Invoice No. 991382 dated February 4, 2016 in the amount of$23.20 d) Invoice No. 991392 dated February 5, 2016 in the amount of$41.00 e) Invoice No. 991522 dated February 27,2016 in the amount of$40.60 f) Invoice No. I 013465 dated February 20, 2016 in the amount of $10.00 g) Invoice No. 1013466 dated February 20, 2016 in the amount of $10.00

The District Attorney's Office hereby requests placement on the consent agenda for consideration ofthe above itemized invoices, in the total amount of$855.55, to be paid from the Diversion Fund account.

Shawnee County Courthouse 200 SE 7th Street, Suite 214 • Topeka, Kansas 66603 • (785) 251-4330

Sold To SHAWNEE COUNTY 200 SE 7TH STREET PURCHASING B-27 TOPEKA KS 66603

INVOICE . 1 CLAYTON PAPER AND DISTRIBUTION

1302 S. 56th. Street ST.JOSEPH. MO 64507 www.claytonpaper.com

Ship To

Phone 816-364·0220 Fax 816-364·0086

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DISTRICT ATTORNEY'S OFFICE 200 SE 7TH TOPEKA KS 66603

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NET 30 DAYS 090551 02/23/2016 02/22/16 PREPAID

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Signature Proof of Delivery; VISIT OUR WEBSITE AT WWW.CLAYTONPAPER.COM "LIKE" US ON FACEBOOK!

Merchandise 216.31 I A · Freight 0. 01

Mi sc Charges 0. 01 Terms & conditions SLib Total 216.31

All claims must be made within.5 days. Amounts Taxable 0.01 over 60 days past due are subject to 1.5% monthly Tax (TSE) 0. 0 service charge. If account is placed with T $216

02/22/16 11:41 collection. bu.ver is responsible for all fees. TO AL .31 ~~~~~=--------------J ~~~~~~~~~~~~~~~~~ ~--------------------

Customer Copy Pay By 03/24/2016 Writer: AO

TIMOTHY M. O'BRIEN, CLERK UNITED STATES DISTRICT COURT

DISTRICT OF KANSAS 490 U.S. COURTHOUSE

TOPEKA, KANSAS 66683 (785) 338-5400

TO: Third Judicial District Attorney

200 SE 7tn Street, Suite 214 Topeka, KS 66608 785-233-8200 Ext. 4330

Subtotal:

..

STATEMENT·

$ $11.90

PLEASE MAKE CHECKS PAYABLE TO: CLERK, U.S. DISTRICT COURT AND RETURN WITH ORIGINAL STATEMENT

February 29, 2016

Case 1-D J5 --.51 J 1

$ 11.90

Independent Stationers P.O. Box 677426 DALLAS, TX 75267

Phone : 877-872-8599

Bill To; Shawnee County 200 SE 7th St TOPEKA, KS 66603

Customer PO #:

Invoice IN-000585415 Customer Account ......... .. Invoice Date ..................... : 2/24/2016 Sales Order .................... : 50-000589035 Order Date ....................... : 2/24/2016 Payment Terms ............... : Net 30 days Contact Name .................. : Contact Phone ................. : Page ................................ : 1 of 1 Payment Method .............. : Check

Ship To: District Attorney 200 SE 7th Room 214 Topeka, KS 66603

Item Number ;:;D~es:;..:c;.:.;rir:..:Pt::.::io.:..:..n __________ ~ Qty Billing Code :._P:.:.:rlc::;::e __ Extended

bCC1BJ16 . . · CUP;1.6 OZ,i=OAM,1M/CTN,WHT . CT 1' MWH04648 COFFEE,REG,MAXWELL,30.60Z EA 2 SMD34276 FOLDER,EXP,2FSTNR,LTR,MLA BX 2 PAP5032315 TAPE,CRCTN,DRYLN MINI,5PK PK 2 GPC48580CT TISSUE,ANGLSFT,FLATBX,WE CT 1 DCCF6BW FORK,PLASTIC,M-WGT,WHT CT 1 BWKSPOO~';,W' TEASPOON,POLY,1M/CTN,WHT CT 1 SAN37003 MARKER,SHARPIE,UL TRAFN,BE DZ 1

$50.53 $16.80 $61.20

$7.43 $31.09 $22.41 $17.77

$7.89

Sub-Total: Freight:

Sales Tax: Total:

Deposit: Amount Due:

$50.53· $33.60.

$122.40 $14;86 $31.09 $22.41 $17.77 $7.89

$300.55 $0.00 $0.00

$300.55 $0.00

$300.55

-- -- --- --- --- --- --- --- -- -- --- --- -- --- --To ensure proper credit, please attach this portion and return with payment. Be sure customer number is written on check.

Please remit payment to: Independent Stationers P.O. Box 677426 DALLAS, TX 75267

Invoice#: IN-000585415 Total Amount Due : $300.55

Customer Name: Shawnee County

Customer Account # Invoice Due Date : 3/25/2016

Thank you for your Business!

If you are paying by credit card, then no balance is due at this time. Thank you.

ADDRESS SERVICE REQUESTED

2 MB *A-01-DJB-AM-00003-5

u1••1'r'lll••r''u•llll•llll'lllll··ll•l'llll•lllllllul•lllll•• DISTRICT ATTNY OFFICE 200 SE 7TH ST STE 214 § TOPEKA KS 66603-3933 g

MONTHLY STATEMENT If paying by Credit Card, please complete this section

AMOUNT ~ II CARD NUMBER

D~ D · 1------------+------::-:----:---l SIGNATURE EXP. DATE

CARDHOLDER NAME (Please Print)

. . : .

· MAKE CHECKS PAYABLE TO: . . LINDYSPRING EIOTTLED WATER

TERMS: Payment bue ·upon Receipt ·

CUSTOMER NAME

Amount$ nclosed .

~~~~~lllll'lllllllll II 11111111111•11111111 1111111111·111111111111 LINDYSPRING BOTTLED WATER 115 NWVAN BUREN ST TOPEKA KS 66603-3315

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DATE INVOICE NO. DESCRIPTION QUANTITY LINE TOTAL BALANCE

01/21/2016 01/21/2016 01/25/2016 01/29/2016 01/29/2016 01/29/2016 02/04/2016 02/04/2016 02/04/2016 o~to5t~b1.

. 05/201

LINDYSPRING BOTTLED WATER ~ ...... 115NWVANBURENST

~IJ!IIr: --::"!~TOPEKA KS 66603-3315

liNDYSP.RINI(785) 234.5551 (785) 234.3478 Fax . (866) 234.7659

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224.29 4.00 23.20

23.20 80.62 -80.62

16.00 92.80 16.00 16.00

108.80 4.00 23.20 4.00 0.00

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Go paperless! We now offer eStatements and automatic bill pay. Please call the office for more information.

Harper, Cindy

Subject: FW: Cox Communications Franchise Notification

From: Allen, Lisa (CCI-Central Region) [mailto:[email protected]] Sent: Monday, February 29, 2016 2:30 PM Subject: Cox Communications Franchise Notification

Dear Local Franchising Authority,

As you know, Cox is required to obtain permission from local broadcast stations and cable networks to provide their signals on our video channel lineup. Our company is in discussions to renew agreements with the following programmers and broadcasters:

BET 57 2057

Centric 238 N/A

Centroamerica TV 328 NIA

CMT 52 2052

CMT Pure Country 232 N/A

Comedy Central 58 2058

MTV 36 2036

MTV Hits 234 N/A

MTV Live N/A 2677

MTV2 242 N/A

MTVJams 235 N/A

mtvU 230 N/A

NFL Network 261 2261

Nick 221 N/A

Nick Jr. 106 2106

Nickelodeon 46 2046

Nicktoons 222 N/A

Nicktoons (SAP) 327 N/A

Spike TV 44 2044

TeenNick 223 N/A

TR3S: MTV, Musica y Mas 236 N/A

TR3S: MTV, Musica y Mas 320 NIA

TV Land 48 2048

VHI 35 2035

VHI Classic 231 N/A

VHI Soul 2"" .).) N/A

World Fishing Network 288 2288

Should we be unable to reach equitable terms for a new agreement by their expiration dates, these networks have the right to require Cox to remove their programming from our lineup.

1

We continue to actively negotiate with these networks and are working toward renewing our agreements without any disruption of service to our customers. We are meeting our customer notification obligation through an ad in the local newspaper.

We will keep you updated with any new information. Please feel free to contact me at (785} 215-6727 should you have any questions.

Sincerely,

Megan Bottenberg Government Affairs Manager Cox Communications- Central Region

2

Shawnee County

Office of County Counselor RICHARD V. ECKERT County Counselor

Shawnee County Courthouse 200 SE 7th St., Ste. 100

Topeka, Kansas 66603-3932 (785) 233-8200 Ext. 4042

Fax (785) 291-4902

MEMORANDUM

TO:

FROM:

DATE:

RE:

Board of Shawnee County Commissioners

Richard V. Eckert, Shawnee County Counselor ()11--·· ~

March 2, 2016

Contract with Kansas Expocentre for use of Heritage Hall

Please place this item on the Monday, March 7, 2016 CONSENT agenda.

Please find attached a contract with the Kansas Expocentre permitting our office use of Heritage Hall to conduct our upcoming judicial tax foreclosure sale scheduled for April 6, 2016.

I would be happy to answer any questions that you might have about this matter.

RVE/mlb

Attachment

March 1, 2016

Shelley Buhler, SNCO Commission Chair C/0 Rich Eckert 200 SE 7th St, Room B-11 Topeka, KS 66603

Dear Mrs. Buhler:

Enclosed you will find permits for the SNCO Auction on April6, 2016.

The issued permits for the building outline the terms for your review. Upon your approval, please sign/date and return back to us with any payment required by March 15, 2016.

You may call Tori Fuglister, Event Coordinator with any questions or concerns you might have for your event.

As always, our professional staff looks forward to serving your event needs and working with you.

Kindest regards,

habon General Manager

JC:bb Enclosures

One Expocentre Drive Topeka, Kansas 66612-1442 Phone 782.235.1986 Fax 785.235.2967 www.KsExpo.com

PERMIT FOR USE OF THE KANSAS EXPOCENTRE FACILITIES

PERMIT NO. #16-27387

SECTION 1.0 PARTIES

SHAWNEE COUNT'! CONTRACT #~sL~&JJ~

1.1 This permit, made and entered into on FEBRUARY 17,2015, with KANSAS EXPOCENTRE of Shawnee County, Kansas and

Organization: Shawnee County Auction Rep. Name:. SNCO Courthouse, Shelley Buhler, Chair, SNCO Commission

C/0 Rich Eckert Street:

City/State/Zip: Telephone:

200 SE 71h St, Room B-11 Topeka, KS 66603 785-233-8200

1.2 Pursuant to home rule resolution No. HR-84-4-A of Shawnee County Commission and this permit and subject to the conditions, limitations and restrictions contained in said resolution or hereinafter set forth, permission is hereby granted for PERMITTEE to use and occupy the EXPOCENTRE as detailed hereinafter.

Approval of Permit: This permit will not be in force until it has been approved by the General Manager of the KANSAS EXPOCENTRE. Before the General Manager will sign, the PERMITTEE shall endorse the same "accepted" in the space hereinafter provided, and return to the KANSAS EXPOCENTRE no later than MARCH 15, 2016 accompanied by any payment required.

This Permit shall have no force or effect whatsoever unless and until PERMITTEE endorses the same "accepted" in the space hereinafter provided. By said acceptance, PERMITTEE shall covenant and agree to well and truly perform or abide by each and every provision, condition, restriction and limitation of this permit Said compliance shall be a condition subsequent to the continuance in effect of this permit.

FACll..ITY Heritage Hall

SECTION 2.0- FEE TERMS

DAY Wednesday

DATE 4-6-16

TIME OF USE 8AM-3PM 9AM-3PM

PURPOSE Access Event

2.1 PERMITTEE agrees to pay the KANSAS EXPOCENTR£, for use of leased space, a guarantee of FOUR HUNDRED NINETEEN AND N0/100 ($419.00).

Facility Rental ($225/day x 1 day) ·

Operations Staff (8hrs. @ $20.50/hr.)

Wireless Internet ($30/day x 1 day)

Final Payment: $419.00

$225.00

$ 164.00

$30.00

UPON RECEIPT OF INVOICE Rec'd -------2.2 It is agreed that ifPERMITTEE fails to hold the event, the sum of TWO HUNDRED TWENTY-FIVE ($225.00) will be

retained, as liquidated damages, not as penalty. PERMITTEE agrees to pay reimbursable expenses incurred By the KANSAS EXPOCENTRE in connection with the event or events coyered by this permit.

2.3 Interest shall be due and payable by the PERMITTEE to the KANSAS EXPOCENTRE at a rate of ONE AND ONE HALF PERCENT PER MONTH (18% APR) for past due amounts.

2.4 PERMITTEE agrees that if the KANSAS EXPOCENTRE incurs any costs in the collection or enforcement of payment of this agreement, including, but not limited to, collection agency fees, costs of filing suit and reasonable attorney fees, PERMITTEE agrees to pay such costs.

SECTION 3.0- INDEMNIFICATION

3.1 PERMITTEE agrees to indemnify, defend and save harmless the COUNTY, SMG, a Pennsylvania Joint Venture Partnership, its partners, agents, and employees, and the KANSAS EXPOCENTRE, its officers and representatives, against any and all claims for injury to person or damage to property, including claims of volunteers, participants in the event or employees of PERMITTEE, any contractor or subcontractor, resulting directly or indirectly from any act, incident or accident occurring in, upon or about the premises of the KANSAS EXPOCENTRE as a result of the acts, errors or omissions of the PERMITTEE or its agents or arising in connection with operations, use or occupancy of the premises by PERMITTEE.

SECTION 4.0- RULES AND REGULATIONS

4.1 PERMITTEE will abide by and conform to all rules and regulations adopted or prescribed by the COUNTY, KANSAS EXPOCENTRE and GENERAL MANAGER for the protection, control and management of the premises. The aforementioned premises and keys thereof, shall be at all times, under the charge and control of the GENERAL MANAGER. PERMITTEE shall not allow the premises to be used for lodging rooms nor for any improper, immoral, illegal or objectionable purpose and will not sublet any space hereby le~sed without the written approval. PERMITTEE will not in any way obstruct, or interfere with the occupancy of other tenants on the premises, not in any way injure or annoy them .

. 4.2 PERMITTEE will comply with all laws of the United States imd the State of Kansas; all City of Topeka ordinances; Shawnee County resolutions; and all lawful orders of law enforcement, health and fire departments. PERMITTEE will obtain and pay for all necessary permits and licenses. PERMITTEE will neither do, nor suffer to be done, anything on said premises during the term of this permit in violation with such laws, ordinances, resolutions, rules or orders. This permit is fully executed in the State of Kansas, and Kansas law is applicable.

SECTION 5.0- GENERAL TERMS AND CONDffiONS OF USE AND OPERATION <PUBLIC SAFETY)

5.1 PERMITTEE agrees at all times to conduct activities with full regard to public safety and will observe and abide by all applicable regulations and request by duly authorized governmental agencies responsible for public safety.

SECTION 6.0- FIRE AND OTHER UNFORESEEN OCCURRENCES

6.1 That in case the said premises, or any part thereof, shall not be ready for occupancy due to incomplete construction, or shall be destroyed or damaged by fire, storm, flood or any other cause, or if any other casualty of unforeseen occurrence shall render the fulfillment term of this permit by the KANSAS E_XPOCENTRE impossible, including without limitation thereto, the requisition of the premises by the United States Govement, or any arm or instrumentality thereof, or by reason of labor disputes, then and thereupon this permit shall terminate, and the PERMITTEE shall pay rental for said premises only up to the time of such termination, and at the rate herein specified, and the PERMITTEE hereby waives any claim for damages or compensation should this permit be so terminated. ·

SECTION 7.0- RESPONSffiiLITY FOR PROPERTY IN BUILDING

7.1 The KANSAS EXPOCENTRE assumes no responsibility whatsoever for any property placed in said premises by PERMITTEE, PERMITTEE'S agents, exhibitors or others related to this event PERMITTEE hereby expressly relieves and discharges the KANSAS EXPOCENTRE from any and all liability for any loss, injury or· damage to persons or property that may be sustained by reason of the use or occupancy of said premises, or any part thereof under this permit All watchmen, or other protective service, desired by PERMITTEE, must be arranged for special agreement with the KANSAS EXPOCENTRE at the sole cost and expense of the PERMITTEE or as stipulated in such permit.

7.2 In the event the above-described portion of the said premises is not vacated by PERMITEE, on the date named at the end of the term for which said portions of said premises are to be used, the KANSAS EXPOCENTRE is hereby authorized to move from said premises at the expense of PERMITTEE, all goods, wares, merchandise and property of any kind and all kinds and description which may then be occupying the portion of said premises on which the term of this permit has expired. The KANSAS EXPOCENTRE shall not be liable for any damage or loss to said goods, wares, merchandise or other property which may be sustained by reason of such removal or the place to which it may be removed. The KANSAS EXPOCENTRE is hereby expressly released from any and all claims for damage or whatever kind of nature. For such additional period beyond the temi of this permit, that any effects of PERMITTEE remain in or on said premises, County shall be entitled to charge the standard sum per day as the payment to be made for this type of event.

SECTION 8.0- DAMAGE OR DEFACEMENT OF BUILDING OR PREMISES

8.1 PERMITIEE shall not injure, mar or in any manner deface said building or premises and shall not cause nor permit anything to be done whereby said buildings or premises shall be in any manner injured or marred or defaced; nor shall he/she drive, nor permit to be driven nails, hooks, tacks, or screws in any part of said building; nor shall he/she make nor allow to be made any alteration of any kind therein. If said premises or any portion of said building or grounds during the term of this permit shall be damaged by the act, default or negligence of PERMITfEE or by the PERMITIEE'S agents, employees, patrons or any person or persons admitted to said premises by said PERMITTEE, PERMITIEE will pay to the County upon dem,and, such sum as shall be necessary to restore said premises to their original condition. It is PERMITTEE'S responsibility to inspect the KANSAS EXPOCENTRE at move-in and notify the General Manager in writing of all damage present at the time of inspection. Written notification must be presented to the General Manager no later than one (1) hour before move-in. Failure to provide written notification is construed to mean there is no damage to report.

SECTION 9.0- SIGNS AND POSTERS

9.1 PERMITTEE shall not do, or permit to be done upon said premises, anything that will tend to injure, mar or in any manner deface said premises, and will not drive or install, or permit to be driven or installed, any nails, hooks, tacks or screws, into any part of the KANSAS EXPOCENTRE and will not allow to be made any alterations of whatsoever kind to said building or any equipment or facilities thereof. PERMITTEE will use, post or exhibit only such signs, advertisements, show bills, lithographs, posters or cards as related to the performance of exhibition to be given the premises under this permit and which meet with the approval of the GENERAL MANAGER.

SECTION 10.0- ADDITIONAL PROVISION

10.1 PERMITTEE agrees that he/she not stage any act or performance in which fire or flame is involved without first having obtained the prior written permission of the Fire Chief or Fire Marshall. PERMITEE further agrees that he/she will not use any decorative materials prohibited by City ordinances, Country resolutions, State or Federal laws and building regulations, including but not limited to: crepe paper, cellophane, confetti, cotton, cornstalks, leaves, evergreen boughs, sheaves of grain, streamers, straw, paper, vines, moss or any similar flammable or combustible materials in or about the premises of the KANSAS EXPOCENTRE. All decorative materials must have the prior approval of the Fire Chief or Fire Marshall. PERMITfEE shall not, without written consent of the Fire Chief of Fire Marshall, put up or operate and engine or motor or machinery on the premises or use oils, burning fluids or gases, camphene, kerosene, naphtha or gasoline inside or on the grounds of the KANSAS EXPOCENTRE.

SECTION 11.0- NON-EXCLUSIVE RIGHT

11.1 The KANSAS EXPOCENTRE shall retain the. right to use and/ or license use of such portions of its facility, as may not be covered by this permit. The KANSAS EXPOCENTRE also retains the right to re-enter any part of the premises covered by this permit should such part become vacant and to determine that such unused portion may be offered for other use with receipts therefrom going to the KANSAS EXPOCENTRE with an appropriate adjustment on PERMITT'S rental rate.

SECTION 12.0- DEFAULT OF PERMITTEE

12.1 PERMITTEE further agrees that if any default is made in the payment or the rent or any part thereof at the times above specified, or if any default is made in the permit herein contained, this permit and the relationship of the parties, at the option of the KANSAS EXPOCENTRE, shall cease and terminate. The relationship of the parties, may at the option of the GENERAL MANAGER, cease and terminate. PERMITfEE shall be liable for the full amount of the rent provided herein, plus actual expenses incurred by the KANSAS EXPOCENTRE which normally would be considered reimbursement expenses in the final settlement. In case suit or action is instituted by the KANSAS EXPOCENTRE to enforce compliance with this· permit, the KANSAS EXPOCENTRE shall be entitled, in addition to the costs and disbursements provided by statute, to such additional sums in lawful money of the United States as the court may adjudge reasonable for attorney's fees to be allowed in said suit or action.

SECTION 13.0- LOST ARTICLES

13.1 The KANSAS EXOCENTRE shall have the sole right to collect and have the custody of articles left in the building by persons attending any performance, exhibition or event given or held in the aforesaid premises. The PERMITTEE or any person in the PERMITTEE'S employ shall not collect or interfere with the collection or custody of such articles.

SECTION 14.0- RIGHT TO ENTER

14.1 The KANSAS EXPOCENTRE does not relinquish and does hereby retain the right to enforce all necessary laws, rules, resolutions and regulations for the management and operation of said premises. The KANSAS EXPOCENTRE retains the right to enter the aforesaid premises at any time and on any occasion without any restrictions whatsoever.

SECTION 15.0- SEATING CAPACITY AND FLOOR PLANS

15.1 PERMITTEE'Shall not admit to said premises so large a number of persons that they cannot safely and freely move about in said premises. The decision of the KANSAS EXPOCENTRE in this respect shall be final. It is further understood and greed the PERMITTEE will permit no chairs or seats to be or remain in the passageways. The sidewalks, grounds, entry passages, vestibules, halls, elevators, abutting streets and all ways of access to public utilities of said premises shall not be obstructed by PERMITTEE or used for any purpose other than for ingress to and egress from the aforementioned premises. The sale of standing room is prohibited.

15.2 PERMITTEE, at the GENERAL MANAGER'S request, may be required to submit two (2) copies of a full and complete floor plan for an exhibit show no less than thirty (30) days before the first move-in day, and no move-in may begin without authorization of said floor plan by the KANSAS EXPOCENTRE.

SECTION 16.0- SPECIAL RESTRICTIONS

16.1 No taping, tacking, stapling, nailing, gluing, etc. on walls. Banners, if applicable, are to be hung at locations approved by the General Manager.

16.2 It is policy that no tools, equipment, and/or materials other than those specified in the contract be made available to the PERMITTEE. Rates for tools, equipment, materials and/or services not specified in the contract are available upon request.

SECTION 17.0-INSURANCE

17.1 The KANSAS EXPOCENTRE requires PERMITTEE to procure and maintain in full force, a policy of public liability and property damage insurance, throughout move-in, event, and move-out. Said policy shall be procured from a reliable insurance company authorized to transact business in the State of Kansas, and subject to suit in Shawnee County, Kansas. A copy of said policy, or a certificate that a policy of insurance has been issued, shall be placed on file with the KANSAS EXOCENTRE no later than (N/A.)

17.2 PERMITTEE agrees that the KANSAS EXPOCENTRE will acquire insurance utilizing the MASTER VENUE INSURANCE PROGRAM as administered by Near North Insurance Brokerage, Inc. should PERMITTEE fail to supply proper insurance as detailed on SCHEDULE A (insurance requirements) of this contract prior to thirty (30) days before the first use date listed under section 1.2 of this permit. PERMITTEE also agrees to pay the KANSAS EXPOCENTRE for this insurance at the ·Standard rate billed by the KANSAS EXPOCENTRE for this insurance coverage at the time of the event.

17.3 PERMITTEE is to be named insured, and the Board of Commissioners of Shawnee County, Kansas; SMG, a Pennsylvania Joint Venture Partnership, its partners, agents and employees, and the Kansas Expocentre shall be named as additional insured in a policy for minimum premises, bodily injury, liability in $1,000,000.00 per occurrence. Said policy shall also provide for a thirty (30) day notice to the GENERAL MANAGER'S office, prior to cancellation. ·

SECTION 18.0- PERSONNEL AND EQUIPMENT

18.1 The KANSAS EXPOCENTRE will furnish at its expense:

1. Heat and/or air conditioning as available at the aforesaid premises when required by the season and for the use of said premises for the purpose aforesaid, on event days only. Heat and/or air conditioning will be supplied on movein and move-out days only if a building rental fee has been paid by PERMITTEE.

2. Light and water for ordinary use fot said premises when required in the opinion of the GENERAL MANAGER for the purpose aforesaid.

3. Turn over a clean building and furnish agreed set-up. PERMITTEE must supply a signed floor plan to the KANSAS EXPOCENTRE no later than 10 days prior to the first move-in day.

4. PERMITTEE shall have access to staff to provide custodial services throughout move-in, event and move-out hours of the event.

18.2 PERMillEE hereby agrees that all personnel, such as public service directors, ushers, ticket takers, doorman, security personnel, sound technicians, stage managers, stage hands and electricians necessary to operate the premises for the event herein specified shall be provided by the KANSAS EXPOCENTRE but shall be paid for by PERMITTEE as an additional

service by the KANSAS EXPOCENTRE. The minimum number of personnel necessary for this event shall be fixed by the GENERAL MANAGER.

SECTION 19.0- ADDENDUM 1

~ PERMITTEE agrees to reimburse the KANSAS EXPOCENTRE an amount equal to $20.50 per hour for any set-up changes, with a minimum charge of $41.00 for said charges.

~ Building access other than specified in this permit shall be at the discretion of the GENERAL MANAGER, or his designee. If such access is granted, a fee of $41.00 per hour shall be assessed to the PERMITTEE.

~ PERMITTEE must spell ''KANSAS EXPOCENTRE" correctly when used in any advertising or marketing done in support of any event. Non-compliance with this regulation may result in PERMITTEE being charged for any correct reproduction of advertising or marketing materials.

~ Exhibit shows shall contract with an independent contractor to provide pipe and drape and booth accessories to be made available to vendors. The KANSAS EXPOCENTRE has a limited quantity of pipe and drape which may be made available for uses other than for exhibit booths at a rate of $2.50 per linear foot.

~ Commercial concessionaires hired to provide services at a public event shall be fully licensed and insured. PERMITTEE is required to submit copies of concessionaire's licenses to the KANSAS EXPOCENTRE fourteen (14) days in advance of the event date.

~ PERMITTEE may use the Community Kitchen in Agricultural Hall. A deposit of $500.00 must be received by the KANSAS EXPOCENTRE at least 10 days in advance of the event. If the community kitchen has been left clean and undamaged by the event, the deposit will be returned. (NIA)

~ The consumption of alcoholic beverages shall take place only within the confines of the building. The sale of al~oholic beverages is possible only with a valid license. A copy of said license shall be furnished to the KANSAS EXPOCENTRE a minimum of 5 days prior to the event.

~ The KANSAS EXPOCENTRE is a non-smoking facility. The facilities include: Landon Arena, Exhibition Hall, Agricultural Hall, Heritage Hall, and the R.R Domer Livestock Pavilion. No smoking whatsoever is allowed in the buildings. Designated smoking sections are stationed on the outside of the buildings. This policy will be enforced by KANSAS EXPOCENTRE staff and the show management.

. -~ : . -. . . ~

SECTION 20.0- SIGNATURES

IN WITNESS WHEREOF, we the said parties herein set our hands and seal.

FOR THE PERMITTEE:

Accepted by: Shelley Buhler Title: Chairman Shawnee County Commission

If Corporation, must also be attested by Corporate Secretary

Cyndi Beck, County Clerk

FOR THE COUNTY:

KANSASEXPOCENTRE

JEFF CHABO R SHAWNEE COUNTY, KANSAS EXPOCENTRE AND SMG IR AGENT, ACCEPTED IN IDS CAP C AS GENERAL MANAGER FOR THE S EXPOCENTRE

Reviewed as to content

Date

Prepared by: BB

Event Coordinator: Tori Fuglister

Typed by: _ _.B=B~--March 1, 2016

Review: -----

Date

Date

3-1-;;etb Date

Date: ____ _

Approved as to Legality and Form: Date 7..-'L-l <.

~<Jf .... ~ST. CO. COUN LOR

SCHEDULE A

INSURANCE REQUIREMENTS

The following lists the insurance criteria for events at the Kansas Expocentre:

1. Insurance certificate must show name and address of the issuing insurance broker.

2. Insurance company must have an A.M. BEST rating of A or better.

3. Name insured on the certificate MUST be the same as the named contracting party on the contract with the Expocentre. The contracting party on the contract with the Expocentre MUST be the legal entity or person to which lies the ultimate responsibility for the event. -

4. Event dates, move-in dates and move-out dates must fall within effective and expiration dates of the policy.

5. Coverage must be at least $1,000,000.00.

6. Certificate must show a description of the event and where it is being held.

7. Additional insureds MUST be listed as:

SMG

Kansas Expocentre Shawnee County Board of Commissioners

8. 30 Days written cancellation notice must be shown.

9. Certificate holder MUST be the Kansas Expocentre.

10. Policy must be per occurrence. A "claims made" policy is not acceptable.

·~

Shawnee County j_ Department of Public Works

1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

March 1, 2016

785-251-6101 FAX 785-251-4920

THOMAS C. VLACH, P.E. DIRECTOR OF PUBLIC WORKS

COUNTY ENGINEER


FROM: Thomas C. Vlach, Director of Public Works ~ SUBJECT: ROAD OIL-QUOTE #006-16- PRIOR APPROVAL BY THE BOARD OF

COUNTY COMMISSIONERS-FEBRUARY 1, 2016.

DISCUSSION: Bids were advertised and solicited for the purchase of up to 14,000 gallons ofCRS-1H road oil. Two bids were received as illustrated below:

COMPANY

VANCE BROTHERS, INC.

Ergon Asphalt and Emulsions

RECOMMENDATION:

UNIT PRICE

$1.75

$1.77

TOTAL BID PRICE

$24,500.00

$24,780.00

Award the bid to Vance Brothers, Inc., the lowest responsive bidder meeting the minimum specifications. (Vance Brothers, Inc. was the supplier of this type of road oil in 2013-2015 and the price offered is $0.35/gallon cheaper than in 2015.)

Shawnee County residents will benefit by the approval of this request in that the SCDPW will use this oil to perform pothole patching services throughout the year, thus providing a safer roadway network.

The financial impact ofthis request will be an expenditure of$24,500.00. No detrimental effects to the Public Works operating budget are anticipated as a result of the approval of this recommendation.

Funding for this material will be from a combination of the following funds, as required:

• 2016 Public Works Road Maintenance Fund (Account No. 10PW126 50359) • Monmouth Township's Road Fund • Grove Township's Road Fund

----~-===~=====·=·=-=·==-=-=~=--=·-=··=-~~~~=-~~~------~-=-··~·=-~-=~----~----~~--------~~~~---=···=·~=·=···=····=·-~·~···=··=··=··=~·=···="·=··=···===·~=-~·2·'~~.

l C• ~~ ft ::·:_

TABULATION OF BIDS

DEPARTMENT Public Works QUOTATION NUMBER 006-16 CRS-1H Road Oil Date 02-17-16

PEOPLE PRESENT Michele Hanshaw and Cassv Duer NAMES OF Price Per Gallon Total Bid Price Time in hours for Freight Charge BIDDERS Delivery (included in price) Ergon Asphalt

'll-rw~ {H20 ' l \ L1-=1-· lA -::t ~ .. , .. "' 'fl. 4- l 0\D. ,\ ,_-A_)t?\; ~ ';..,..< •. '......-·-

Vance Brothers 1A 5Qt) Ou -'b-1 hvs I \ !.;. rac.J 1.1-C) / .. ~ ' ~ ~,_," ~ / ! (j <J..

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I

I

"' -- -- ------ ~ --- -------------------

March 2, 2016

TO:

FROM:

RE:

Shawnee County Health Agency

Board of Commissioners Shawnee County

Allison Alejos 0--av Director- Local Health Department

Leading the Way to a Healthier Shawnee County

Amendment Three to Agreement with Kansas Department of Health and Environment for Outreach, Prevention, and Early Intervention Services

Action Requested: Approval of Amendment Three to the Agreement with Kansas Department of Health and Environment Division of Health Care Finance to provide outreach, prevention, and early intervention services through the Shawnee County Health Agency.

On August 1, 2013, the Shawnee County Health Agency (SCHA) entered into an original contract with the Kansas Department of Health and Environment Division of Health Care Finance (KDHE/DHCF) to provide outreach, prevention, and early intervention services (Shawnee County Contract No. C324-2013, KDHE Contract No. 2014-008). This contract provided for three, optional one-year renewals.

The third year renewal option, Amendment Three to the Agreement, provides for the continued funding of the SCHA Nurse Family Partnership Program (NFP) and the Kansas Children's Service League (KCSL) Healthy Families Topeka Program. These intensive home visitation programs provided by SCHA and KCSL are available to at-risk first time pregnant or parenting families. All services to families are voluntary and are focused on helping at-risk families be successful.

Together, private funds of $384,000 and federal funds of $384,000 will result in a total of $768,000 during SFY2017 for the Shawnee County Community- $408,000 going to SCHA and $360,000 going to KCSL. As stated in the original KDHE/DHCF contract, receipt of these funds requires a dollar for dollar match which will be provided by Early Childhood Block Grant funding.

As part of the contractual requirements, the authorized elected official must sign a letter indicating understanding of the requirement for matching funds and stating from where those funds will come. That letter of intent was signed by the commission on February 15, 2016. The letter is included in this packet. As stated above, the matching funds will come from the Early Childhood Block Grant.

1615 SW 8th Topeka, KS 66606 I 785.251.2000 www.shawneehealth.org

A separate contract with KCSL outlining their responsibilities with regards to the use of KDHE/DHCF funding and required match will be presented to the Board of County Commissioners for consideration after this contract is approved.

With this funding the NFP will work with at-risk first time pregnant or parenting families in their homes. Services are provided during pregnancy and the first 2 years of the child's life. The program is designed to help women improve their prenatal health and the outcomes of pregnancy; improve the care provided to infants and toddlers in an effort to improve the children's health and development; and improve women's personal development, giving particular attention to the planning of future pregnancies, women's educational achievement, and parents' participation in the workforce.

In SFY20 15 NFP served 72 women and 52 children by providing 907 intensive home visits by 3 RN's. Ofthose families served, 21 were pregnant teens and 20 were post pactum teens.

Select outcomes for NFP in 2015 include:

AA/dc Encl.

1 00% of served children had an identified medical home 97% of children were up to date with their Kan Be Healthy or routine well child check up . 99% of served children were up to date with their immunizations 99.5% of children were enrolled in a health insurance program 1 00% of children served received a developmental screening

C: Diane Creek- Division Manager, SCHA Family Health Services

AMENDMENT THREE to the

AGREEMENT between the

KANSAS DEPARTMENT OF HEALTH AND ENVIRONIMENT DIVISION OF HEALTH CARE FINANCE

and the SHAWNEE COUNTY BOARD OF COUNTY COMMISSIONERS

and the SHAWNEE COUNTY HEALTH DEPARTMENT

for Outreach, Prevention and Early Intervention Services

The above parties entered into an original contract in August, 2013 to develop, implement, and maintain a voluntary program that provides outreach, prevention and early intervention services to new, low-income parents and children with emphasis on adolescent and pregnant teen parents of at-risk infants in Shawnee County, Kansas.

The parties hereto agree to renew the original contract referenced above as follows:

1. The contractor wishes to exercise the third of three (3) optional one-year renewals with a term of July 1, 2016 through June 30, 2017.

2. Total funding for the period referenced above shall not exceed $768,000.00; said amount comprising the County's certified matching funds of $384,000.00 and the federal financial participation amount of $384,000.00.

3. All remaining terms and conditions of the original agreement and subsequent addenda shall remain the same.

IN WITNESS HEREOF, the parties hereto affix their signatures to this Third Amendment.

SHAWNEE COUNTY, KANSAS

Michelle A Buhler, Chair Board of County Commissioners

SHAWNEE COUNTY HEALTH DEPARTMEMT

Allison Alejos, RN Director

Date

Date '

1 :

February 9, 2016

Kansas Department of Health and Environment Division of Health Care Finance Attn: Julie Figgs, Contracts Manager 900 SW Jackson, 91

h Floor North Landon Building Topeka, Kansas 66612-1220

Dear Ms. Figgs:

Shawnee County Board of Commissioners

Shelly Buhler, 1st district Kevin Cook, 2nd district Bob Archer, 3rd district

The Shawnee County Commission wishes to participate in the Outreach, Prevention and Early Intervention Services program funding through Kansas Department of Health and Environment. The programs that are operating under the Outreach, Prevention and Early Intervention Services program funding are Shawnee County Health Agency's Nurse Family Partnership program and Kansas Children's Service League's Healthy Families program. The Shawnee County Commission understands that a match is required. The source for matching dollars will be from the Early Childhood Block Grant. The Early Childhood Block Grant is funded by Children's Initiative Fund with state tobacco dollars. The Early Childhood Block Grant has adequate funds to provide the $204,000 match for the Shawnee County Nurse Family Pminership program. ·

Michelle A. Buhler, Chair County Commission, Shawnee County, Kansas

200 SE 7th Street, Rm. 8-11, Courthouse Topeka, Kansas 66603-3933 (785) 233-8200 ext 4040 ·Fax: (785) 291-4914 ·E-Mail: [email protected] • Internet Address: www.snco.us

mN A '\i)fN E! (j:QUtffl' CONTRAC''i.' 1#1·~ C) 'l.. ~ <:t 0 ~ '3

AGREEMENT between the

KANSAS DEPT. OF HEALTH AND ENVIRONMENT Division of Health Care Finance

and SHAWNEE COUNTY, KANSAS

for Outreach, Prevention and Early Intervention Services

KDHE2014-008 Page 1 of16

Tl:tis agreement Is entered into by and between the Kansas Depat1ment of Health and Environment, Division of Health Care Finance, het·einafter sometimes referred to as "KDHEIDHCF," and Shawnee County, hereinafter sometimes referred to as the "County."

WHEREAS, K.S.A. 2007 Supp. 75· 740 l authorizes the KDHEIDHCF to enter into a contract fo1· services, and;

WHEREAS, the County desires to develop, Implement, and maintain a voluntary program or programs that provide outreach, prevention and early intervention services to new, low-income parents and children with emphasis on adolescent and preguant teen parents of at-risk infants in the County, and;

WHEREAS, the KDHE/DHCF and the County recognize a need for the prog•·am proposed by the County and desire to promote said program, and;

WHEREAS, Federal Financial Participation (FFP) is available to pay a pmtion of the project costs, and;

NOW, THEREFORE, for and in consideration of their mutual promises, the parties hereby agree as follows:

1, KDHEfDHCF RESPONSIBILITIES:

A. Consulfationm.cview: KDHEIDHCF shall provide consultation and technical assistanee to the County during the tenn of this agreement, as well as l'eview the quarterly Qua1terly Reports as pm1 of the evaluation process for the program,

B. Funding: KDHE/DHCF shall draw down and pay the County $355,000.00 for the annual draw-down ofMedicald Funds for the year, ln quarterly increments of$88,750.00, after an invoice showing expendih.ires made or to be made for the quarter and requesting "draw down" and remittance to the County of Medicaid funds (Federal Financial Participation or FFP); and, ce1tlflcation of non-federal matching funds using the form provided by KDHE/DHCF and signed by the Chairman of the Board of County Commissioners m• othel' elected official or employee authorized to sign on behalf of the Board of County Commissioners, is received by KDHE/DHCF.

ll. COUNTY RESPONSIBILITIES:

A. . Funding: The County shall provide cetiiflable, matching, non-federal fimds ln the amount of $355,000.00 which Is fifty percent (50.0%) of the total contract amount of $710,000.00. Certifiable funds include, but are not limited to, taxes levied and received by the County, fees, bona fide donations, and other funds received by the County fi·om non-federal sources (generally, although there may be exceptions) that are not aJready

KDHE2014-008 Page 2 of 16

used as match fo1· other FFP funds. Bona fide donations must comply with the requirements found In the Code ofFederal Regulations (CFR) Sections 433.50 through 433.74. that interpret and implement Sections 1902(a)(2) 1903(a) and 1903 (w) of the Social Security Act.

Specifically, 42 CFR Section 433.50 defmes a unit of govenunent that can certify matching, non-federal funds and 42 CFR Section 433.54 clal'ifies what a bona fide pt·ovider donation is and how one may be used.

1. "42 CFR 433.50- Basis, scope, and applicability

(a) Basis. This subpart interprets and jmplements-(1) Section l902(a)(2) of the Act which requires States to share in the cost of medical assistance expenditures and pem1lt both State and local governments to pruiicipate in the financing of the non-Federal portion of medical assistance expenditures.

i. A unit of government is a State, a city, a county, a special purpose distdct, or othet' governmental \mit in the State that: has taxing authority, has direct access to tax revenues, is a State university teaching hospital with direct appropriations fi·om the State treasury."

Therefore, only a State, city, county, special purpose district, or other governmental unit In the State that: has taxing authority or has direct access to tax revenues may certify matching funds.

2. 1142 CFR 433.54 • Bona fide donntfons. ·

(a) A bona fide donation means a provider-related donation, as defined in Sec. 433.52, made to the State or unit of local govemment, that has no direct or Indirect relationship, as described in paragraph (b) of this Section, to Medicaid payments made to-

(1) The health care provider; (2) Any related entity providing health care Items and services; or (3) Other providers fumishing the same class of items o1· services as the

provider OJ' entity.

(b) ProvideNelated donations will be determined to have no direct or indirect relationship to Medicaid payments if those donations are not returned to the individual provider, the provider class, or related entity under a hold harmless provision or practice, as_ described ln paragraph (c) of this section.

(c) A hold hannless practice exists If any ofth~ following applies:

(I) The State (or other unit of govenunent) provides for a direct or indirect non-Medicaid payment to those providers or others making, ot· responsible for, the donation, and the payment amount is positively correlated to the donation. A positive correlation includes any poslllve relationship between these variables, even if not consistent over time.

I<DHE2014-008 Page 3 of 16

(2) All or any pmtion of the Medicaid payment to the donor, provider class, or related entity, varies based only on the amount of the donation, including where Medicaid payment ]s conditional on receipt of the donation.

(3) The State (m· other unit of government) receiving the donation provides for any direct OJ' indirect payment, offset, or waiver such that the provision of that payment, offset, or waiver directly Ol" indirectly guarantees to return any pot1lon of the donatio11 to the providet· (ot· other parties responsible fot' the donation).

(d) CMS will presume provider-related donations to be bona fide if the voluntary payments, including, but not limited to, gifts, contributions, presentations OJ' awards, made by Ol' on behalf of individual health care providers to the State, county, Ol' any other unit of local govemment does not exceed-

{1) $5,000 per year in the case ofan individual provider donation; Ol'

(2) $50,000 per year in the case of a donation fi·om any health care organizational entity.

(e) To the extent that a donatio11 presumed to be bona fide contains a hold harmless provision, as described in paragraph (c) of this section, it will not be considered a bona fide donation. When provldeNelated donations are not bona fide, CMS wlll deduct tills amount from the State's medical assistance expei1ditures before calculating FFP. This offset will apply to all years the State received such donations and any subsequent fiscal year in which a similar donation is received. 11

Bona fide donations must be given directly to the County from the donor and the donor and amount donated must be identified in the funding certification submitted quarterly by the Board of County Commissioners,

B. Funding Cel•tlficaflon: During the cor1tract year, on a quarterly basis, the Board of County Commissioners or their designee shall ce11izy to KDHE/DHCF on a form provided by KDHE/DHCF (Attachment C- Certification of Non-Federal Match Form) or duplicate thereof, that it has expended or w1U expend $88,750.00 as matching funds required to match the FFP for this contract and that both federal and matching funds have been or will be expended for the pm·poses specified herein. This form should be submitted to KDHE/DHCF for expenditures incurred in each calendar quarter (Ex: JanMar, April-Jun, July-Sept, Oct-Dec).

C. Invoice; The County Budget Officer or other authorized elected official or employee shall submit an invoice each calendar quarter (Attachment D - Sample Invoice or othe1· Invoice in a format preferred by the County) showing funds expended or to be expended for services as specified in this agreement and requesting draw down of federal financial patiicipation (FFP) and reimbursement to the County in an amount of $88,750.00 for the quartet· being invoiced,

D. Hold Harmless! The County sballlndemnify the State against any and all loss of federal funds as a result of a finding by the federal government that the "cet1ified match funds" provided by the County did not meet federal requirements or to loss of federal funds to

KDHE2014·008 Page 4 of16

any extent arising out of the Co1mty's negligence in the performance of services. under this contract.

E. Debarment and Suspension: Before federal funds can be disbursed to the Co11nty, federal law requires that the County certify that it, all principals representing the County, and any subcontractors providing services to the County, are not cm1·ently under· debarment or sllSpension and have not been under debarment or suspension within the past three years. The COlmty will make this ce1tification by completing Appendix A, attached.

Til. SERVICE CONTRACTOR RESPONSIBILITIES:

A. Prog1·am Development: County shall develop, implement and maintain one OJ' more Program elements to promote best practices in pl'ovidlng prevention/early Intervention services to new parents. Program elements shall include:

l. Identify all families of at-risk infants fl'om a targeted geographic area using reliable screening mechanisms.

2. Provide intensive, long-term,. home visitor support. 3. Facilitate bonding between parent and Infant. 4. Empowe1· parents to seek support services through available community

resources. 5. Pmmote healthy child development. 6. Prevent child abuse and neglect among project children fi·om birth to age 5, 7. Link the child to a pediatric medical facility, other community services, and to

developmental resources, as needed. 8. Initiate services with new parents before bi11h o1· at bit1h. 9. ldentizy families who are most in need of services 10. Offer services voluntarily and use positive, persistent, outreach efforts to build

family tl'ust. II. Offer services intensively (at least once a week) and over the long tenn (2·5

years), with we!J-deflned criteria for increasing or dec!'easing frequency of services.

12, Ensure services are culturally appropriate and staff acknowledges, \mderstands and respects the family's cultul'al differences. Staff and materials used shall reflect the C\lltllral, linguistic, geographic, racial and ethnic diversity of the population served.

13. Ensure services are comprehensive, focusing on supporting the family as a whole (parent(s) and child or children).

14. Ensure services at'e provided by staff with caseloads limited and monitored, to assure that home visits pmvide an adequate tuno\mt of time fol' each family visit to meet their unique and varying needs and to plan for future activities.

15, At a minimum, all families shall be linked to a medical providet· to assul'e optimal health and development (I.e., the Medicaid Early, Periodic Screening, Diagnosis and Treatment Program (EPSDT), timely immunizations, well-child care, etc.). Dependent upon the family's needs, they may also be linked to additional setvices such as financial, food and housing assistance programs; school readiness pi'Ograms; child care and job training programs; family support centers, substance abuse treatment programs and domestic violence shelters.


B. Repot·ts: The County shall report to KDHE/DHCF quarterly and annually regarding the program success. Repm1s, using Attachment B - Quarterly Reports are due with the ce11iflcation of funds and invoice requesting draw-down and payment of the Medicaid matching funds.

As a guideline and measurement for reporting on the program>s success, the County shall utilize Attachment B - Qmn1erly Report, which is incorporated herein by reference and made a pa11 of this agreement.

The Ce1tification of Matching Funds and the Quarterly Repott must be made on Forms p1·ovided as Attachments B.- Quartel'ly Report and C - Certification of Non-Federal Match. The invoice (Attachment D- Sample Invoice) showing amounts expended or to be expended and requesting draw-down and remittance to the County of the quarterly, Federal Match (FFP) may be made using the format used in Attaclunent 0 or in any other format prefetTed by the County and showing amounts expended or to be expended and requesting draw-down and remittance to the County of the FFP.

C. Services to be Provided: The County acknowledges that KDHE/DHCF may adjust Attachment B at any point within the contracting period to include the addition of new information. The Cotmty shall incorporate adjustments made by KDHE/DHCF within 60 days fl·om the date of notification by KDHE/DHCF, at the County's expense.

I. Service providers should receive Intensive training specific to their role' in order to undel'stand the essential components of family assessment and visitatlon. This training must include, but Is not limited to, the areas of: (a) identifying at-risk families (b) offering services and making refe1Tals (c) assisting with the application for Medicaid OI' CHIP services (d) p1·omoting use of preventive health care (e) securi11g medical homes (f) emphasizing the importance ofimmunizations and the EPSDT PJOgram (g) utilizing creative outreach efforts (h) establishing and maintaining trust with families (i) building upon family stre11gths (j) developing an individual family support plan (k) observing parent-child interactions (I) detennlning the safety ofthe home (m) managing crisis situations

2. Service providers should receive ongoing, effective supervision on a weekly basis so they are able to: (a) develop realistic and effective plans to empowe1· families to meet their

objectives; (b) understand why a family may not be making progress and how to work

with that famlly more effectively; (c) develop accurate assessment skills.

3. Home visitors should have a framework of education/experience which prepares them for handling the variety of situations they may encountet· when working with at-risk families. All service providers should participate in basic training oppo1tunities in order to effectively perform their job in the areas of cultural competency, substance abuse, repo11lng child abuse, domestic violence, drug exposed Infants, and services in their communlty.

KDHE2014,Q08 Page 6of 16

Failure of the County to provide qualified staffing at the level required may result in termination of this contract.

4. Tl1e County shaH rep01t to KDHE/DHCF quarterly regarding the program success, with repmts being due wlth the quruterly certification of fmids and invoice requesting the draw-down and payment of Medicaid matching funds.

IV. CONTRACT TER.l'\18 AND CONDITIONS:

A. Tet·m: The term of this contract shall begin July 1, 2013 through June 30, 2014 with three (3) additional one (1) year renewals, at the option of the parties hereto, and in written agreement of the parties.

B. Compensntion: Total annual funding undel' this agreement shall not exceed $71 0,000.00, said amount comp1·ising the County's certified matching funds of $355,000.00 and the FFP amount of $355,000.00. In the event increased f\mdlng becomes available to the County, and the County wishes to expand the scope of services the Co1mty shall notify KDHE/DHCF in order that an amendment to the contmct he prepared, if applicable.

County shall submit the quarterly certification and request the quarterly "draw down" of funds in the amount of $88,750.00 on Ol' about July· I, October l, Jannary I, and April 1 of the agreement year. The County's report must accompany the certification and request fot· quarterly "draw down" of funds.

Quarterly payments shall be processed within two weeks of receiving the County's invoice Ol' "draw down" request; Quatiel'ly Repm1; and, Certification of Non-Federal Match. In no event shall the paymen1 exceed forty·flve days from date of request,

C. Suspension!Terminatiom Any of the parties hereto may terminate this agreement for any reason by giving written notice of the termination to the remaining parties at least 30 days prior to the date of termination stated In the written notice.

Fmthe•·, it is understood and agreed that all obligations of KDHEIDHCF, including continuance of payments hereunder, are contingent upon the availability and continued appropl'lation of state and federal ftmds, and lnno event shall KDHE/DHCF be liable for any payments hereunde1· in excess of such available appropriated funds. In the event that the amount of any available or appropriated funds provided by the state OJ' federal sources for the purchase of services hereunder shall be reduced, terminated or shall not be continued at an aggregate level sufficient to allow fm· the purchase of the sel'vices specified hereunder fo1· any reason whatsoever, KDHEIDHCF shall notify the County of such reduction of funds available and shall be entitled to reduce the KDHEIDHCF's commitment hereundet· or to tenninate the contract as it deems necessal'y.

D. Termination fo1• Unnvailnbillty of Funds: It is understood and agreed by the County that all obligations of the State of Kansas, including continuance of payments hereunder, are contingent upon the availability and continued appropriation of state and federal funds, and In no event shall the State of Kansas be liable for any payments hereunder in excess of such available appropriated funds. In the event that the amount of any available or appropriated funds provided by the state Ol' federal sources for the purchase of services


hereundet· shall be reduced, terminated or shall not be continued at an aggregate level sufficient to allow for the purchase of the services specHied J1ereundet· fot· any reason whatsoever, the State of Kansas shall notifY County of such reduction of funds available and shall be entitled to reduce the State's commitment hereunder or to tenninate the contract as it deems necessmy.

E, Retention of and Access to Records: All records prepared pursuant to this agreeme~t shall be retained and safeguarded in accordance with the Kansas State Histol·ical Society Records Management Manual. All client records for juveniles will be retained for 10 years aftet' last contact or unfll 21•1 birthday, or for a six-yeat· period foJiowlng termination of this agreement, whichever is later, and said records shall be made available to any other pa11y to this agreement, and independent auditor retained by any other party, the Secretary of Health & Human Services, the U.S. Comptroller General, the Auditot· of the Kansas Legislative Division of Post Audit, or their designees.

Each party shall beat· tho costs of stol'ing, re!l·ieving, and producing Its reco!'ds created and required to be kept under this agreement.

In the event that the terms of this agreement give rise to litigation, the parties shall retain all documents arising out of the litigation, foJ' two years following termination of the Jitigation and any appeal thereof.

F, Inclcpcndeut Contractor Status: At all times pertinent to this agreement the County shall perform as and J10ld the status of Independent Contractors and at no time be deemed employees of the State. County shall have sole discretion in directing the condttct, activities, and duties performed by their l'espective employees pursuant to tllis agreement.

County shall take appropriate measul'es to ensure that their persotmel who perform sei'Vlces al'e adequately covered by any and all employer related taxes and insurance In accordance with applicable law. KDHE/DHCF will not withhold any form of taxes, insurances, nssessments, or plan payments required of an employer-employee status or that which may be requested by the County, and County shaH be solely responsible for said taxes, insurances, assessments, and plan payments.

G. Confidentiality: The County may have access to private or confidential data maintained by State to the extent necessary to cat'JY out its responsibilities under this tontract. County must comply with all the requirements of the Kansas Open Records Act In providing services under this contract. County shall actept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act. No private or confidential data collected, maintained or used in the course of performance of this contl'act shall be disseminated by either party except as authorized b)' statute, either during the period of the contract or thereaftet'. County must agree to return any ot· all data fumished by the State pt·omptly at the request of State in whatever form it is maintained by County. On the termination of expiration of this contmct1 County will not use any of such data or any material derived fi·otn the data fol' any Pllrpose and, where so instmcted by State, will destroy or render It unreadable.

KDHE/DHCF shall not disclose Plivate Health Information to the County.

H. Attachments: The provisions found in Contractual Provisions Attachments A (DA-146a), B (Quarterly Rep01t), C (Certification Form), D (Sample Invoice), and


Appendix A which are al1ached hereto, are hereby Incorporated in this contract and made a part thereof.

I. Modifications: Modification m· amendment to this agreement shall be In writing and executed with the same formality as the original.

J. Assignment: The County may not assign oa· delegate its duties or obligations under this agreement without pri01· wl'ittcn consent of the KDHE/DHCF.

IN WITNESS HEREOF, the parties hereby execute this agreement on the day and year identified by the , signatures below.


KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT

Robert Moser, M.D., SecretWy Kansas Dept. ofHealth and Envil'onment

'-?It/; :a Date


State ofKa11.SaS Department of Adminfstmtion DA-146a {Rev. 1-01)

Important:

t\llncbmcnl A CONTRACTUAL PROVISIONS A'ITACUMEL\'T

This fom1 contains mondatol}l contract provisions nnd must be attach~d 10 or incorpomt.:d in all copies of any contractual agr~mcnt. If it is auached to the vendorfConunctor's standard contract fomt, then that foml must be alter.:d to contain the following provision:

"The Pro1•isions found in Contmctual Provisions Aftochment (Form DA·1~6a. Rev. 1-01 ), v.-hich is anached hereto, are he reb)• incorporated in this contrnctll!ld made n p~rt thereof."

Tho partie$ agree that the fot!OIIing pro1'islons are ltereby incorpornttd Into the contract to which it is attoohed nnd made a pnn thereof, said contmct being the 1st day of July, 2013.

I. Terms Hcrtln Controlling Pro,•hlcns: ll is expressly agreed that the terms of each and evesy provision iu this attachment shall prevaillllld control over the tem1s of any other conOictfngprovision in an)• other document relating to and a part of tho contmct in which this o!1achment is incorporot.:d.

2. Agreement With Knnsns Lm1~ All contmctuol agreements shall be subject to, governed b)•, ond construed according to the laws of Ute State ofKnnSDs.

3, Tcrmh•ntloo Dye To Lock or Funding Appropriation: If, In !he judgment oftlte Director of Accounts and Reports, Department of t\dminislralion, sufficient 1\Jnds or\1 not appropriated to continue the fimction ptrfonncd in !his agreement Md for the pay111ent of the charges hereunder, State may tcnninate this ~greement at the end of its current fiscal year. Slate ogn·esto gi\'e \Willen nolice oftem1ination to Contractor at least30 days prior to dte end of irs c1ment figal year, and shall give such noli co for a gre11ter period prior to th~ end of such fiscal year as may be provided in this contmcl, except !hat such notice shall not be required prior to 90 days before the end of ouch fiscal year. Conlmclor shall have the right, at the ~nd of such fiscal year, to take po;session of any equipment provided State under the contmct Stat~ will pay to the Contractor all regular contractual payments incurred through th~ end of such fllcol year, plus contractual clwrges incidental to tho return of nny such equipment. Upon tcm1innlfon of the agreement by Stnt~. title to any such equipment shall revert to Contractor nl tho end of State's current Jlscal year. Tho lcrminalion of tho contract pursuonl to this parograph shall not cause any penalty to be chi!Tged to the agency or the Contractor,

4. O!sclnlm~r OfLiablllt)': Neither tlto State of Kansas nor any ~gency therwfshnll hold hnmtre$5 or indemnify any Contmelor beyond that liability incurred under the Kall!las Tort Claims Act (K.S.A. 75·6101 !tlRQJ.

S. ,\nii-Disrrlminilllon Clnusg: The Contractor agr~s: (a) to comply with lhc Kansus Act Against Discrimination (I<.S.A. 44-1001 ~ miJ and thl' Kllnsas Age Discrinlination in Emplo)~nent Act (K.S.A. 44-llll ~ mj.) lllld the applicnblo provisions or the Americans With Disabilities Act (42 U.S.C. 12101 £t miJ (ADA) and to not discriminate against any ptrson because ofmco, religion, color, sex! disability, nalional origin or ancestry, or age In the admls$lOn or access to, or treatment or employment In, its progmms or activities; (b) to include In ull sol citations or advertisements for employees, tho phrase •equal oppommity employer"; (c) to compl)' with the reporting rcquiremcnls set out ot K.S.t\. 44-!031 and J<.S.A. 4•1-1116; (d) to include those pro1•isions in cvel')' subcontract or purchase order so U1at they ~re bindtng upon such tubcontroctor or 1-endor, (e) that a failure to compl)' 11ith tho reporting requirements of(c) above or If tho Contmctor is found guilty of an>' violation of such acts by tho Knnsns Human Rights Commission, such violation shall cons tiMe o breach or contratl and the contract may be tilncelled, tenmnotc:d or suspended, In whole or to pan, by the comrncting stole ngency or the Kansns J>epanment of Administration; (f) if It is detem1incd that lhe Contractor has violated applicable provisions of ADA, such violation shall conslilll!e n bl\'ach of contract nnd tile contract may be canccll.:d, terminated or suspended, in whole or ln part, by the contmcting slate ngeney or the Kansas Department Qf Administration.

Parties to this CQntract understand that the provisions of this paragmph numberS (1\ith the exception or those pro1•isions relating to tho ADA) are not applicable to a Coutractor 11i111 cmplo)-s rower th1111 four employees during U1e temt of ~nell contract or whose contmcts with tho contracting state ~gcncy eumulalively total $5,000 orless dming the lisen! year of such agency.

6. Acrcqtonce or Contrns!: This contract shall not be considered accepted, appro\'ed or olhemiso effect!l•e until the statutorily rtquircd apptonls and certifications hni'C been gi1·en.

7. Arbltm!lon. DamngPs, W11rrnntlss: Notwithstanding any language to the control)', no inlcrpretntlon shall be allowed to find the Stale or anyngency thereof has agreed to binding Prbitmtion, or the pn)'!ll~nt of dannlgCS or penalties upon the occurrence or a contingency. l'unhcr, the State or I<nnsas shall not agree to pny anomey fees and late payment charges beyond those avallablo under the Kansas Prompt Pa)'lltcnt Act (K.S.A. 7.5·6403), and no provision 11ill be given effect which att~mpts to exclude, modifY, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

8. Repr~senlnth·e's Autharlh· To <;ont!'llc!: By 3igning this contract, the representative or tho Contmctor thereby represen!S llml such peJSon Is duly authorized by tho Conh'actor lo ex"tcute this contruct on behalf of the Contructor and that the Contractor ngreos to be bound b)' tile provisions thereof.

9. Resngnslbllltr For Tans: The Stale of Kansas shall not be responsible for, nor indemnify n Contmctor for, any federal, state or local ta:<c3 which may be impos.:d or levied upon the subject matter or this contrncl ·

I 0, ~: The Stnte of KanS11s shall not be rcqu!r.:d to pun: base, ony ill!lumnce against loss or damage to any personal property to which this contrncl relates, nor shall this con1111ct require the Stntc to establish a "self-insurance~ fund to protect against any such loss of damage. Subject to the provisions ofth~ Konsns Tort Claims Act (K.S.A. ?5·6101 ~ ~). th~ vendor or lessor shall benr the risk ofnny loss or dum age to any personal property in 1\ilich vendor or lessor holds title.

II. Jnformallo•l: No proYI.llon of U1!s contract 5ltnll be construed A! limiting the Leglslatl\'e Division or Posl Audit from hn\1ng access to lnrorntatlon llUrsunot to I<.S.A. ~6-UOl .£!8!1•

12. The Elc1·enth Amcnd01cn1: "The Eleventh Amendment is :tn inherent and incumbent protection with tho State of Kansas niH! nero not be rescr\'c:d, but pmdence reqnir~s tile Stoto to reiterate that nothing related to this contnlct shall be deemed a waiver of the Eleventh Amendment

ATTACHMENT B KDHE2014·008

Page 10 of16

Outreach, Prevention and Early Intervention Services KDHE2014-008

SHAWNEE COUNTY HEALTH DEPARTMENT QUARTERLY REPORT ;::-:),.;,::,:i'·='i".'.::,;::·i ;~ ~\.·;:!:<i·,i::!,\!i(Ccai:nt parent and child as··one unlf unles·s 'lridlcilted btherwlse) ··,~;,~;;·~.:H·~oi!::J{;~;.:!;i:'.;:::,.:::!;·;":..•.i::!.

Ql 2013 Q2 2013 Q3 2014 Q4-2014 YTD

New participants Total new participants 0

Total prenatal referrals 0 Total referrals at birth 0

Total referrals at discharge 0

Total of pregnant teens 0 Total of post delivery teens 0 Total of home visits 0 Total enrolled In Medicaid at 1st contact 0 Total of applicants In Medicaid program 0 Total participating In family plannlng,if applicable 0 Total with private health Insurance 0

0.1 2013 Q2 2013 Q3 2014 0.4-2014 YTD Teen Pregnancy

Total of pregnant teens In program 0

Total of teen mother's in program 0 Total of teen mother's with more than 1 child! 0 Total of pregnant teens receiving prenatal care 0 Total of teen mother's on Medicaid 0

Total of teen applicants for Medicaid 0

Total with private health Insurance 0 Total participating In family planning, If applicable 0

0.1 2013 Q2 2013 Q3 2014 0.4-2014 YTD Overall Program Participation

Total enrolled In program 0 Total enrolled In Medicaid 0 Total children In Medicaid's Early, Periodic 0

Screening, Diagnosis and Treatment Program ""'(EPSDT) ·.: ... ·· ....... ,., .. ,.· ... :· .... .

Total of home visits 0 Total actively utllzlng j)rogram services 0 Total number-unresponsive to outreach effort 0 Total number completlng_2!"ogram through age 2

Total number completing program through age 3 Total number completing program through age 5 0 Total number dropping out of program or Inactive 0

for 3 or more months Total with private health Insurance 0 Totai·Drug/Aichohol abuse history 0 Totai·Dally tobacco use 0

Child Wellness Total of children served/enrolled -Ex: 12/20 Total of families· w/children receiving primary care Total of families with children foJiowlng

Immunization schedule Total of Individuals enrolled In CHIP Total of Individuals with private health insurance

Summary/Comments:

ATTACHMENT B KDHE2014-008 Page 11 of 16

Ql 2013 Q2 2013 Q3 2014 Q4-2014 YTD

0 0 0

0 0

KDH.EIDHCF Enecllvc Dnte 04/02/2013

Athtchment C Cet·tificntion of Non-Federal Match Form

(To be used to certify Medicaid Matching Funds fot• Conti'Rct# KDHE2014-008)

KDIIE2014-008 Pogc 12ofl6

INSTRU<;:TIONS: Complete items I through 4 below, sign and dote, and retum the tbnn to the nudress nt the top of the second page. Please refer to yom•Jnvoicc • Totnl Program Expenditures fal'this Q\mrtel' section when completing this limn.

COUNTY:

Fedcml Erntlloyct• fdentlficntlon Numbc1·:

QUARTER: -------(MOIYY -MO/YY)

I, TOTAL FUNDS ALLOWABLE*: •Note-This amount should come lromlhc Quarterly Invoice and 1\!USl' equal I he Total E~pe11ses submitted lbrtl1c Quarter

2. TOTAL MEDICAID EXPENDITURES: (Amount Expended· FEDERAL SI-!ARE ONLY)

3. NON FEDERAL i\'IATCH REQUIRED= (fll - #2) (Ccrt!lied F\mds that the County must identity in #4 below)

4. NON FEDERAL MATCH FUNDS pi'O\'Ided by County. Designate the source nnd amount ol' ftmds in yom· County budget that )'ouare using to mntch the fedcrnl l'unds received from Medicaid. The totnlamount ol' the cc11it1ed funds thnt you idcnti l'y must equal the amount shown in Hem 113 above,

SOURCE AMOUNT

________________________ $ ____________________________ ___

_________________________ $ ______________________________ __

_______________________ $ ____________________________ _

I, on behalf of the Board of Conn1y Commissioners of Shawnee County, Kansns, certify that, to the best of my Imowlcdge, the Non-Federal Match identified in #3 above, fot' the Qum·ter ending ______ _ represents funds expended or to be expended by the Shawnee County Henlth Department for Outreach, Prevention and Early Inte•·vention Se1·vices. The amount CXI>endcd or to be expended is from the sources identified and is eligible for federal match and does not duplicate any Federal claims for l'eimbm·semcnt, not• are the funds used to match other· feder·nl funds, unless exp•·essly allowed by federnlregulatiou. The funds sought from federal financial participation and the certified funds expended Ol' to be expended as the non-fedcml match requirement have been or will be expended fm• Medicaid activities related to the delivery oa· coordinntion of outreach, screening, diagnosis, tt·entmeut, intervention or othet' JH'ogram services, nutl I certify thnt to the best of my lmowledge the Shawnee County Health Department has records on file documenting that there were nllowable paid claims fo1' these services that wet·e actnnlly delivered to program beneficiaries during the quna·ter.

CERTIFICATION 0 FUNDS DY THE CHAJRMAN OF THE DOARD OF COUNTY COMMISSIONERS OR OTHER AUTHORIZED E • TED OFFI LOR EMPLOYEE OF THE COUNTY:

Slgnntnro me (PI'lntcd): ()2/e.J;e/e- f-). B.th/er Dntc:-1 /1 /; 3 CIJnh·pet·sou o the Dom·d of nty Commlsslonct·s 01· otbel' authol'lzed elected offlclnl m• employee or the Couufy whose tlfle Is: ---------------------

/-\ppr~vec! nGto LocjB~ty and Form: flate.f.i(lffJL1.~. {~11-.ef:~.v~J~!..c/lt«? .. -·· __ _ 1\(.'t.'-r· f',r,-,: '"'1'' 1 ••• ... ,;\ r· n . '~ .'t. ') ' I -~.I . I j' ' • • • ) I 'I

KDHEIDHCF Effective Dale 0~/02120 13

RETURN THIS COMPLETED FORM TO: Kansas Dcpa••tment of Health au !I Envil'onment Division of Health Ca•·e Finance Attention: Contmcts Unlt/Cllristl Waugh 900 SE JRcksou St., Room 900-N Topeka) KS 66612

KDHE2014·008 Page 13 ofl6

The County hereby requests that the Kansas Depnrtmcnt ofHeolth and Environment, Division of Health Care Finance {KDHE/DHCF) draw down and distribute to the County, on behalf of the Shawnee County Health Department the amount identified in paragraph 2., on lhe preceding page, for Program related services that are eligible for reimbursement by the federal share only of the Medicaid allowed amount. The County is responsible for "matching" the federal payment with certifiable funds ah·end>• In their budgets. This Involves idenlif)•ing the certll1nble funds in tho County budget being design!lted to match the federal Medicaid pn)•ment received by the County. Certifiable funds Include, but ~re not limited to, taxes levied and received by the County, fees, bona fide donations, and other funds received by the County from non~federal sources (genemlly, although there may be exceptions) thnt are not already used tbr other fedeml financial participation (FFP) funds.

The County must certify the availability of the matching non-feder11l share of service expenditures, using this form. This form should be submitted to KDHE/DHCF for expenditures Incurred In a calendar quartet' (Ex: Jnn-Mnr, Apl'il-Jun, July-Sept, Oct-Dec).

Procedure fol' Completing the Cet·tlllcntion Fol'm I. Totnl Medicaid Allownblc • All costs that Medlcnid will allow as certifiable Medicaid expenditures. Tlus amount Is shown

in the quarterly Invoice as ''Totnl Expense" and should be equal to the totallnthnt column. 2, Total Medicaid Expenses • The amount of expenses reimbursable by fede!'al ftmds !'eceived ot· to be received in support of

the Medicaid program. This amount is shown in the invoice ns "Medicaid Expenses" 1111d should be equal to the total in that column.

3. Non~Federal Match Requh·ed -These are the matching funds that the County must identifY. The amount Is shown In the invoice ns "County Expenses" and should be equal to the total in that column.

<1. Non~ Federal Match Fuuds- Designate the source and the amount of funds in your County budget that you are using to match the federal f\mds received by Medicn!d. This amount should be equal to the amount in ff3.

5. The Chairman of tile County's Donl'd of County Commissioners or othel' autho1·izcd elected official Ol' employee of the County must sign and date this form, certllying !he accuracy nnd completeness of the amo1mts listed.

6. The County's Budget Officet· Ol' other authorlzed office•• or employee of the County must sign and date the Q11arterly Invoice.

APPENDIX A- CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIG!DIUTY

AND VOLUNT1\RY EXCLUSION FOR COVERED CONTRACTS

KDHE2014-008 Page 15 of 16

Federal Executive Orders 12549 and 12689 require the Kansas Department of Henlth nnd Environment (KDHIZ) to detennlne whether cnch covered contractor hns n right to obtnin n contract in accordance with fedeml regulations on debanncnt, suspension, lneligibilit)', nnll voluntal)' exclusion. Encll covered contractor must also dctenninc the dcbnnncnt, suspension, eligibility, nnd exclusion stntus ot' cnch of its coYered subcontractors.

Tn this ccrtilicaliOil "contrnc!or" refers to both contmctor ond snbcontmclor; "contract" r¢fers to both contract nnd subcontract.

By signing nnd submilling this certillcnlion tho potent in! contractor ncccpts the tbllowing terms:

I, TI1is ccrtificntlon ls n material representation upon which KDHE relied in mnklng tills contract with contractor. If the contractor knowingly mnkcs n fnlso certification, the Centers for Medlcnre & Medicaid Services or other federal department or agency, nnd/or KDHE mny pursue Oil)' and all :wallable remedies, including suspension and/or debnnncnt.

2. Tile contractor will immcdlntely not! I)• KDHE if the contractor lem·ns thot the cert!ficntfon wns false when submitted or hos become false by reason ot' c!umgcd circumstnncc.s.

3, ·n1e words "cowr.:d conlmct", "debarred", "suspended", "ineligible", "pnrtlcipmll", "person", "principal", "proposnl", nnd "vohmtnrily clxcludcd", as used in this ccrtificntion nrc delincd in Attuchment I to this certlfknlion, ·

4. 1l1e contractor agrees thnt it will not knowingly enter Into any subcontract \\~th n 1>erson who Is deborrl!d, suspended, declared ineligible, or voluntorily excluded from J>articlpntion in this co\'cred tronsnctlon, unless outl1orizcd by the Centers tbr Medicare & Mcdicold Services or otllcr fcdcrnl dcpnrtmen! or ogency, ond/or KDHE, as applicable.

Do you how or do rou ontlc!pntc having subcontrncton; under this proposed contract? ........................................................................ Dves Go

5. TI1c contrnctor further ogrces by submitting this certllication thnt it will include this certificnlion, wiU1out modlficntion, In oil covered subconlrtlcts and in sollcllnt!ons for all covered subcontrncts.

6. A contractor may rely upon n ccrti llcntion of n subcontractor thnl It Is not dcbnrrcd, suspended, Ineligible, or voluntarily excluded from Ute co\•ered contract, unless It knows tlmt tlte certification is erroneous. A contractor must, at a minimum, obtain cerllllcolfons from Its covered subcontractors upon each subcontract's Initiation and upon (nch rcnewnl.

7. Except lbr contracts nutl10riz~d under Section 4 nbow, If a contractor In a covered contrnct knowingly enten; Into a covered subcontroct with n person who is suspended, debarred, Ineligible, or voluntarily excluded from pm1icipntlon In this lmnsuction, tl1en the Center.; lbr Medicnro & Mcdicnid Services, or other federal deportment or agency, ns DJlpllcable, and/or KDHE mny pnn;uo any and all nvnlloblo remedies, Including suspension nndlor debnnueut,

CERTIPICATlON RI.!OAJIDING DEBARMENT, SUSPENSION,!NELIGlBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS

ludlcnte in the opproprinle box which statement applies to tl1o covered potcntinl coutroctor:

0 Contractor ~ertlfies, that neither it uor any of its princlpnls is pmently dcbnrred, suspended, proposed for debnnuent, declared bteligible, or voluntmily excluded fonn participation in this contrnct by any tederol dcpnrtnwnt or agenc)' or by tho Stnto ofK11nsns.

0 ·n1e contractor Is mmble to ccrtll)• to one or more of the tenus inlhis certificlllion. In this instru1ce, tlte potential controctor must oltoch Ill!

explnnntlon for each of the nbove tenns to which ho cannot certify. Altnch the cxplnnntion(s) to this ccrtlllcntion.

Na~ ofC'onlla<lot Ftderol TG.~ tOR ot Sa<ial Stcwily No. WllB Cont.ra~l No. (If oppU~oblt)

04/11/13

Covered Controcls/Subcontmcl.

APPENDIX A- CERTIFICATION REGARDfNG DEBARMENT, SUSPENSION, INELIGIBILITY

AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS

DEFINITIONS

KDHE2014-008 Page 16 of 16

(I) Any nonprocuremcnt transaction which involves federal funds, rcgnrdless of amount, and including such ;~ITMgcrnents as subgr:~nt nnd ore between KDHE or its agents and another entity.

{2) Any procuromenl conlrncl for goods or services between a pnrticlpont and a person, regnrdless of type, expected to equal or exceed the federal procurement small purchase threshold fixed at 10 U.S.C. 2304(g) Md 41 U.S.C. 253(g) (currenlly $25,000) ui1der a grant or subgront.

(3) Any procurement contract for goods or services between a pnrtlcipant and a person under a covered gmnl, subgranl, contract or subcontmct, regnrdlcss or amount, under which that pemon will hove n critical influenco on or substantive coutrol over that covered trnnsnctiou: a. Principal Investigators. b. Providers of audit services required by tho KDHE or federnl fimding source. c. Resell!"chcrs.

Dcbnnuent. An action taken by a debarring official in nccordru1ce with 2 CFR Part 180 (or comparable fed!lral regulntfons) to exclude a person from participating in covered contracts. A person so excluded Is "debarred".

Graul, An award of finonclnl assistonco, Including coopemt!vc ngreemcnts, In the fonn of money, or property In lieu of monoy, by the federal govenuncut to on eligible grantee.

lnefigible, ExQiuded from pnrticipation in federal nonprocurentent programs pursuant 10 n dctenninallon of ineligibility under statutmy, QXeculive order, or regulatory authority, other than Executive Order 12549 nnd Its agency implementing regulations; for exnotple, excluded pursuant to U1e Dnvis-Bncon Act nnd ils implement regulations, U1c cqunl employment op)Mlrtunlty acts and executive ord~rs. or the etwiromnentnl protection acts ond executive ordcrn. A person ls ineligible where the detemlinntlon of Ineligibility nffects such person's eligibility to participate in more Uum one co\'ered transaction,

Participant. Any person who submits o proposal Cor, enters Into, or reasonably mny be expected to enter into a covered contmcl. This tenn olso includes any person ''i1o nets on behalf of or Is authorized to commit n participant in n covered contrnct as an ogeut or reprcsentntlve of another pnrticipnnt.

Person, Any lndlvldual, cotpQrntion, partnership, nssocialion, unit of go\'emment, or legal entit)', however organized, except: foreign go\'emments or foreign govcmtncntal entities, public intenmtional organizations, foreign government O\\ned (In whole or in part) or controlled entitles, and entities consisting \\itolly or partially of foreign governments or foreign governmental entitles.

Principal. Officer, director, 0\\1Jcr, pal1ncr, key employee, or other person within a paniclpant with prlmnry tnnnngcment or supervisory rcsponsibiiUics; or a person \\110 hns a critical influence on or substanth•e control over n covered contrnct whether or not the person is employed by the participant, Persons who have a critical influence on or snbstrulth-c control over a covered transaction are: (I) Principal invqstigntors. (2) Providers of audit services required by the KDHE or federal fimd!ng source. (3) Resenrchers.

Proposal. A solicited or unsolicited bid, application, request, Invitation to consider or shnflnr communication by or on behalf of n person seeking to receive a covered contmct.

Suspension. An action tnken by a suspending official In accordrutce with 2 CFR Pnrt 180 (or complllllble federal regulations) that lnmledlntely ' excludes n person from parliQipoting In covered contracts for a temporary period, pending comp!ctiotl of an investigation nnd such legal,

debanuent, or Program Fraud Civil Remedies Act proceedings us may ensue. A person so excluded is "suspended",

Voluntary exclusion or voluntarily excluded. A stntus of nonponicipnlion or limited pnrtlclpnlion in covered transactions nssumcd by a person pursuant !o the terms of a settleuJcnt.

04/11/13

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kansas department of health and environment

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P~RSONNEL

Mruru! Iii!!! %FTE Smllh,John Projecl Director 0.50 Jones, Joanne Nurse 1.00 Williams, Tony Social Worl<er 1.00

TRAVEL In-state

SUPPliES Project Supplies

OTHER Toll-Free Telephone Communlcal!ons Photocopying Postage

TOTAL COST

ATIACHMENTD

SAMPLE INVOICE for lhe

Shawnee County Contract# KDHE2014-ooa 3rd Quarler, Year One: 01/01/14 • 3/31114

Quarterly ..

~ ~ Iru.ru. E~~Difi! (1} ~ ~

0 6,200 6,200 7,200 7,200 14,400 6,600 M.Q2 13,200

13,800 20,000 33,800

2,6001 o! 2,500!

1.250! ol 1,2501

750 0 750 750 0 750

70 0 70 880 g 880

2,460 0 2,450

20.000 20,000 40,000

Medicaid Ex!!ense (1}

0 21,600 1QAQO 41,400

s,oool

2,sool

2,250 3,200 4160 .1..m:!

11,100

60,000

Year-to·Date

~ Expen!Le

18,600 21,600 .1.Mrul 60,000

KDHE2014·008 Page 14 of16

Total E~ense

18,600 43.200 ~

101,400

ol s,oool

ol 2,sool

0 2,250 0 3,200 0 4,160 Q !..ill 0 11,100

60,000 120,000

l, Name , do hereby certify lhallhe amounts shown as Medicaid and County Expenses for lhe quarter 01/01/14 through 3/31/2014 were or will be Incurred and expanded by Shawnee County for the purposes required by lha Outreach & PrevenUon Contract# KDHE2014-008. I further certify that the amounts shown as county Expenses were or will be paid for using certified matching funds provided by Shawnee County and hereby request that the Kansas Department of Health and Environment draw down the federal funds required to reimburse Shawnel) Counly for the Medicaid lundlng participation In this Program.

Signature of the County Budget Officer Dale or other Authorized Elecled Offlelal or Employee

For the County of: -----------

Tille: --------------Dale:--------------

(1) We are asking for reimbursement of lhe Quarterly amount expended as shown In lhe column marked Medicaid Expense.

Bill To: Kansas Dc:partment of Health & Environment Division of Hei'llth Care finance Attn: Contracts Unit/Christi Waugh 900 SW Jackson St., Room 900-N Topeka, KS 66612

July 1, 2013

Kansas Department ofHealth and Environment Division ofHealth Care Finance Attn: Contracts Unit/Christi Waugh 900 SW Jackson St., Room 900-N · · Topeka, Kansas 66612

Attn: Christi Waugh Contract Manager

Dear Ms. Waugh:

Shawnee County

Board of Commissioners Shawnee County Courthouse

200 SE 7'h Street, Rm. 8-11, Topeka, Kansas 66603 Michele A. Buhler, 151 District

Kevin J. Cook, 2"d District Robert E. Archer, 3rd District

(785) 233-8200 ext. 4040, Fax: (785) 291-4914 Email: Commission@snco. us

The Shawnee County Commission wishes to participate in the Outreach, Prevention and Early Intervention Services program funding through Kansas Department of Health and Environment. The programs that are operating under the Outreach, Prevention and Early Intervention Services program funding are Shawnee County Health Agency's Bright Beginnings Healthy Futures program and Kansas Children's Service League's Healthy Families program.

The Shawnee County Commission understands that a match is required for the program funding. The sources for matching dollars will be fi·om the Early Childhood Block Grant which is funded by Children's Initiative Fund with state tobacco dollars. The Early Childhood Block Grant has adequate funds to provide the $175,000 match. The remaining $180,000 will be provided by the Kansas Children's Service League.

Michele Buhler, Chair Board of County Commissioners of Shawnee County, Kansas

C: Board of County Commissioners of Shawnee County, Kansas Allison Alejos, Local Health Department Director

June 26, 2013

To:

From:

Re:

Shawnee County Health Agency 1615 SW 81h Avenue- Topeka, Kansas 66606-1688

Ph. (785) 368-2000 Fax (785) 368-2098 www.shawneehealth.org

Allison Alejos, Director Local Health Department· Alice Weingartner, Director Community Health Center


Allison Alejos CtCL Director, Local Health Depa1iment

BOARD OF CO. COMMISSION ~TBLD DEF DND ACK

DATE ·7;1 /;a · Cc£o .(' /?_; @tJ COUNTY CLERK

Contract with Kansas Department of Health and Environment, Division of Health Care Finance for Outreach, Prevention and Early Intervention Services

Action Requested: Approval of the contract with Kansas Department of Health and Environment, Division of Health Care Finance (KDHE/DHCF) to provide outreach, pre''ention, and early intervention services.

The agreement with KDHE/DHCF provides the opportunity to continue offering programs to at-risk families in Shawnee County. Together, private funds of $355,000 and federal funds of $355,000 will result in a total of $710,000 for the Shawnee County Community. The Kansas Children's Service League (KCSL) will receive $360,000 and the Shawnee County Health Agency (SCHA) will receive $350,000. This contract requires a dollar for dollar match which will be provided by the Early Childhood Block Grant. There is no cost to the County.

As part of the contractual requirements, the authorized elected official must sign a letter indicating understanding of the requirement for matching funds and stating where those funds will come from. The letter is included in this packet. As stated above, the matching funds will come from the Early Childhood Block Grant.

Leading the way to a healthier Shawnee County

DATE: March 1, 2016


FROM: Bill Kroll, Facilities Maintenance Director

Shawnee County Facilities Maintenance

200 SE ih Street Topeka, KS 66603

(785) 291-4490

SUBJECT: Request for approval re-bid pest control services in conjunction with non-renewal of the existing contract with Presto-X Pest Control.

The county's contract for pest control services with Presto-X will expire on April 15\ 2016.

They have held this contract for two years. For a variety of reasons at multiple locations, we are asking permission to go out for bid for pest control services ..

Respectfully,

Bill Kroll Facilities Maintenance Director

Cc: Betty Greiner, Director of Administrative Services

Shawnee County Commissioner of Elections Andrew Howell Election Commissioner Mark A. Stock Assistant Election Commissioner

3420 SW Van Buren Street Topeka, Kansas 66611

FAX (785) 251-5999 TEL (785) 251-5900

MEMORANDUM

DATE:

TO:

FROM:

March 2, 2016

Board of County Commissioners Shelly Buhler, 1st District, Chair Kevin Cook, 2nd District Bob Archer, 3rd District, Vice Chair

Andrew Howell Election Commissioner

AGENDA DATE: Monday, March 7, 2016 RE: Request to fill Office Assistant II position

Requested Action: Commission approval to fill an Office Assistant II position (Voter Registration Clerk) and any position(s) that may become vacant as a result of filling this position.

Description: Due to a recent resignation, the Election Office will soon have a vacant position that the department would like to fill. The position is a union clerical position in the Office Assistant II classification. The position will become vacant on March 11, 2016 when the incumbent leaves to take a position outside county government. The position is included in the current year budget. Per the union agreement, the starting wage for an Office Assistant II is $9.95 per hour. The actual wage may vary dependent upon the wage of the selected union member, if any.

The position is the Voter Registration Clerk who processes voter registration applications. Shawnee County currently has approximately 105,000 registered voters.

The department also requests permission to fill any positions that may become vacant as a result of filling this position.

Thank you for your time and consideration.

MS 0:\Common\AsstCommMS\BCCAgendaltems\BCCAgendaFiiiOAIIVRCierkPosition 2016Mar2.doc

http://www.snco. us/election/ electionoffice@snco. us

February 25, 2016

TO:

FROM:

RE:

Board of Commissioners

Shawnee County J John E. Knight, Director Parks + Recreation

Agreement- Capital City Christian Chamber of Commerce (C5)

Outdoor Adventure Division- Community Events

Board of Commissioners approval is requested on the attached Agreement between the Capital City Christian Chamber of Commerce (C5

) and Shawnee County. This Agreement sets out the lease conditions for C5 to conduct the only current Topeka Easter Parade and Family Fun Fest Event on March 26, 2016, in Gage Park.

The Master Plan calls for cooperating and supporting groups willing to assist in part to establish stability for future generations to enjoy our parklands and facilities through events and programs. Meeting such support, the funds generated through event operations ($1 ,800.00) will be deposited into the Shawnee County Parks + Recreation Foundation per Contract C300-2008 (programs and facilities) further helping to create long-term vitality and economic sustainability in our parks and facilities. As was the case last year, C5 positively impacts the community by organizing and offering these festivities in Gage Park and the experiences will inspire people to want to live, work, and play in the County.

Coinciding with the event, our seasonal operations in Gage Park including the Carousel and Mini-Train will begin that weekend providing the public with many reasons to get out and visit their local park.

JEK/bt so Attachment(s)

parks.snco,.

Shawn~~ County Parks + R~cr~ation • 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-2600

SHAWNEE COUNTY CONTRACT NO. CdaQ r 8..0 \ ~

CAPITAL CITY CHRISTIAN CHAMBER OF COMMERCE (CS) AGREEMENT FOR USAGE OF GAGE PARK FACILITIES AND PARKLAND

THIS AGREEMENT is entered into this ___ day of _____ , 2016, by and

between The Board of County Commissioners of the County of Shawnee, a duly organized

municipal corporation, hereinafter referred to as "County," and Cat>ital City Christian Chamber of

Commerce (CS), LLC, hereinafter referred to as "Organizer."

WHEREAS, the County is the owner of Gage Park and operates the public park and facilities

located therein for the recreational use by the public and patrons of the park; and

WHEREAS, it would be of mutual benefit to the parties that certain rights, privileges and

covenants be granted by the County to the Organizer in exchange for the consideration to be paid for

services rendered by the Organizer for said rights, privileges and covenants, as they are hereinafter set

forth; and

WHEREAS, the Organizer wishes to conduct the Topeka Easter Parade and Family Fun Fest,

Saturday, March 26, 2016, hereinafter referred to as "Evenf' in Gage Park, hereinafter refened to as .,

"Premises"; and

WHEREAS, Shawnee County Parks + Recreation hereinafter refetTed to as the "Department"

shall be the department responsible for carrying out the responsibilities of the County; and

WHEREAS, the Director of Shawnee County Parks + Recreation hereinafter refet1'ed to as the

"Director" shall be the representative of the County; and

WHEREAS, the County and Organizer wish to set out te1ms and conditions regarding the

Event; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties_

agree as follows:

1. TERM. This Agreement shall be effective from the date above until March 26, 2016.

Either party may terminate tllis Agreement before March 25,2016 without cause providing ten (10) days

written notice to the other pat1y provided.

1

Any violation of the terms of this Agreement shall be grounds for immediate termination of this

Agreement. In the event tllis Agreement is terminated tor any reason, the Organizer shall forfeit any

compensation to the County prior to the tennination.

2. LOCATION. The County does hereby assign to the Organizer the use of Gage Park as

outlined in Appendix A for the Event detailed herein. The mutually agreed upon site includes the named

facilities but is not limited to Big Gage Shelter, Children's Party House in Animal Land, Westlake

Shelter, Amphitheater, Carousel Patty Room, the parking lot west of Blaisdell Family Aquatic Center,

and the parking area along Blaisdell Drive in front of Westlake Shelter.

3. USE OF PREMISES. The County and Organizer agree that the open space in Gage Park

is a public entity first and foremost for the public enjoyment and use. All times listed below are

approximate start times.

• Setup for the Event may begin at 6:00a.m. with shelters unlocked at 7:00a.m.

• Barricades shall be placed at 9:00 a.m. for traftlc control prior to the parade.

• Animal Land will serve as the location for the Easter Egg Hunt held at 9:00 a.m.

• The parade will begin at 9:30a.m. The parade route, detailed in Appendix A, shall start in

the parking lot west of Blaisdell Family Aquatic Center then proceed North to Westlake; tum right and

proceed to Blaisdell Drive; turn right and proceed to Reinisch Parkway; tum right and proceed to Rock

Garden Drive; tum right and proceed to Westlake; turn right and proceed back to the parade stat1

(parking lot).

• Barricades shall be removed from roadways by 10:45 a.m.

• Vendor setup will occur on Saturday, March 26, stm1ing at 7:00a.m., food truck vendors

on Blaisdell Drive in front of Westlake Shelter and tent vendors near Big Gage Shelter, operations may

begin at 10:30 a.m.

• Musicians will occupy the Amphitheater with music and PA sound system operations

occurring between 8:30a.m. until5:30 p.m.

• Bandshell will be set up near Big Gage on Friday prior and available for use on Saturday

7:00 a.m. until 5:30p.m.

• Fun Fest activities and vendor operations will occur between 9:00a.m. and 5:00p.m. on

Saturday, March 26,2016.

2

• Post Event cleanup and completion of duties should be completed by 7:00 p.m.

4. RESPONSIBILITIES OF THE COUNTY:

• In accordance with County Code, Chapter 21, Ali II. Sec 21-55, Special Uses of the

Parks, the County does hereby grant the Organizer pennission to host the Event in Gage Park, to allow

temporary structures and activities in relation to the site plan detailed in Appendix A.

• In accordance with County Code, Chapter 26, Art II. Sec 26-52, Barricade Policy, the

County grants permission to close the public streets and place ban-icades in relation to the site plan

detailed in Appendix A for the times listed above under Use of Premises in conjunction with the Event.

• The County will perform maintenance necessary and provide Gage Park in a safe and

useable condition. The County shall bear all costs and expenses related to such maintenance outlined in

the Master Plan Maintenance and Facility Standards prior to the Event.

• The County will provide existing utilities and refuse service.

• Provide one (1) staff member during the Event for event and park monitoring.

• County hereby grants Organizer the right to use the Premises for an Event stmiing at 6:00

a.m. (setup) through 7:00p.m. Any scheduled activities or vending should cease by 5:00p.m., weather

pe1mitting, Saturday, March 26. Organizer will gain access to Big Gage and Westlake Shelter for setup

on Friday, March 25, at 5:30p.m. untilll :00 p.m., and 7:00 a.m. -6:00p.m. on Saturday, March 26.

• The County shall retain rights to admission fees for seasonal operations such as tl'ain and

carousel and concessions during the Event dates and times should such seasonal operations be

operational by March 26, 2016.

5. RESPONSIBILITIES OF ORGANIZER:

• Organizer shall produce a family oriented event designed to capture community interest

and media attention.

• Organizer shall identifY Gage Park, Topeka, Kansas, and utilize the Shawnee County

Parks + Recreation name and logo in all media advertising. Organizer will provide all media campaigns

and announcements.

• Organizer agrees to not use or occupy the Premises in any mam1er deemed hazardous or

fbr any unlawful purpose. Organizer shall comply with all state and federal laws, County resolutions and

any applicable Shawnee County Parks + Recreation standards, policies or facility guidelines. Otganizer

3

shall provide an Emergency Action Plan (EAP) should such need arise due to weather, safety, or any

other matter deemed necessary and pertinent to the Event.

• Organizer and County shall agree on additional portable restrooms and placement of such

to accommodate the expected size of the crowd for the Event on Friday, March 25, 2016. Organizer is

responsible for ordering, fees, service, and removal of such by Monday, March 28, 2016.

• Organizer agrees and understands that no alcohol or unlawful drugs are allowed.

• Grants SCPR staff access to the Event and activities and permission to photogl'aph the

event for promotional pUlposes outlined in the department sponsorship standards.

• Provide volunteers for Event management including but not limited to parking, traffic

control, abiding by Parks+ Recreation facility and maintenance standards, signage and safety. Organizer

agrees to cooperate by following Parks +Recreation Policy for the Volunteer Program abiding by the

standards set forth tbr volunteer accountability and recording of such details.

• Organizer may contract with one ( 1) or more entities to provide or sell photography rights

of pmiicipants, vending operations, and/or promotional commemorative items in connection with the

event as set forth in #3 above. The contracts, sale of any such services and products shall be in

accordance with applicable federal, state and local laws and regulations.

6. ALTERATIONS AND IMPROVEMENTS. Organizer may not make such alterations,

improvements, repairs and maintenance on or at the Event site. The parklands and facilities will be

returned to original condition and remain County property after the end of the agreement, subject to the

tenns of the paragraph(s) following:

a. County assumes no liability for the acts of the Organizer performed during the term of

this Agreement.

b. The patiies acknowledge and agree in writing upon what assets and propetiy placed or

located at the Event shall be removed. All personal pmperty brought unto or placed at the Event by the

Organizer or volunteers shall be at their own risk, and the County will not be liable for damages, theft,

or by any other acts.

c. Any fees necessary to provide the Event in addition to those stated under

Compensation shall be the responsibility of the Organizer.

4

7. INSURANCE. The Organizer shall provide and maintain for the duration of tins

agreement, at its expense, general liability insurance with a good and solvent insurance company or

companies licensed to do business in the State of Kansas in the amount of at least One Million Dollars

and No/100 ($1,000,000.00) with respect to injury or death to any one person and Two Hundred Fifty

Thousand Dollars and Noll 00 ($250,000.00) with respect to damages to property. The certificate shall

contain a provision that coverage afforded under the policy will not be cancelled unless at least thirty

(30) days prior written notice has been given to County. The certificate of insurance naming County as

the cettificate holder and an additional insured shall be provided to County for approval on March 21,

2016, at the address listed below.

8. COMPENSATION. The Shawnee County Parks + Recreation Master Plan provided

details of utilizing cost recovery associated with events, maintaining standards and park usage not

directly related to facility rentals. In meeting those requirements, the funds generated tlU'ough event(s)

operations will be deposited into the Shawnee County Parks + Recreation Foundation per Contract

C300-2008 (programs and facilities) for future upgrades and improvements tlu·oughout our park system.

The Organizer agrees such reimbursement amount will be no less than Eighteen Hundred Dollars and

No/100 ($1800.00) payable by Aprill, 2016.

9. INDEMNIFICATION. The Organizer covenants and agrees to indemnify, protect,

defend, and save County ha1mless from and against any and all claims, demands, liabilities, and costs,

including reasonable attorney's fees, arising from damage or injury, actual or claimed, of whatsoever

kind or character, to prope11y or persons occurring or allegedly occurring in, on, or about the Premises,

or arising as a result of any use thereof or program operated therefi:om by the Organizer and tl·om all

costs and expenses related thereto. Upon notice from County, Organizer shall defend County in any

action or proceeding brought thereon.

10. NON-DISCRIMINATION. Organizer agrees to not unlawfully discriminate against any

person because of race, religion, creed, color, age, sex, disability, national origin, or ancestry in the

admission or access to, or treatment in, any programs, activities, or events.

11. SURRENDER; WASTE. Nothing contained herein shall be constmed to hold or to

make County a partner, joint venturer, or associate of Organizer, and neither party shall be deemed the

agent of the other, it being expressly understood and agreed that the relationship between the parties

hereto is and shall at all time remain contractual as provided by the terms and conditions of this

Agreement.

5

12. LIENS. Organizer shall keep the Premises free from any and all liens arising out of any

work performed, materials furnished, or obligations incurred by Organizer during the term of this

Agreement or any extension thereof. Organizer may not obtain ownership of or exclusionary rights in

the Premises, improvements or facilities of the Premises regardless of any financial investment it may

make in their development.

13. WAIVER. Failure of either party to complain of any act or omission on the part of the

other patty, no matter how long the same may continue, shall not be deemed to be a waiver by said party

of any of said patty's rights hereunder. No waiver by any party at any time, expressed or implied, of any

breach of any provision of this Agreement shall be deemed a waiver of breach of any other provision of

this Agreement or a consent to any subsequent breach of the same or any other provision. If any action

by either pmty shall require the consent and approval of the other party, the other patty's consent to or

approval of such action on any one occasion shall not be deemed to be a consent to or approval of said

action on any subsequent occasion. Any and all rights and remedies which either party many have under

this agreement, upon any breach, shall be distinct, separate and cumulative and shall not be deemed

inconsistent with each other; and no one of them, whether exercised by said pmty or not, shall be

deemed to be an exclusion of any other.

14. NOTICE. Any notice by either party to the other shall be in writing and shall be deemed

to be given only if delivered personally or mailed by registered/cet1ified mail as follows:

County: Organizer:

Mr. Jolm E. Knight Mr. Lee Hartman

Shawnee County Parks + Recreation

313 7 SE 29111 Street

Topeka, KS 66605

Capital City Christian Chamber of Commerce, LLC

PO Box 5724

Topeka, KS 66605

15. SEVERABILITY. The provisions of this agreement are severable. In the event any

paragraph or p011ion of the agreement is declared illegal or unenforceable, the remainder of the

agreement shall remain in effect and binding upon parties.

16. ENTIRE AGREEMENT. The Contract Provisions Attaclunent (CPA), attached to this

agreement, is incorporated by reference and made a part of this Agreement. Together, this Agreement

and CPA represents the entire agreement and understanding between Organizer and the County. No

terms, conditions, course of perf01mance, usage of trade, understandings, or agreements p1.nporting to

6

modify, supplement, or explain any provision of this Agreement shall be effective unless in writing,

signed by representatives of both parties authorized to amend the Agreement.

By signing this Agreement, the Organizer representative hereby represents that he or she is duly

authorized by Capital City Christian Chamber of Commerce (C5), LLC, to execute tltis Agreement on

its behalf, and that Capital City C1u·istian Chamber of Commerce (C5), LLC, agrees to be bound by the

provisions hereof.

IN WITNESS THEREOF, the pa1iies have hereto executed tltis agreement as of the day and

year first above written.

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

BOARD OF COUNTY COMMISSIONERS


Michele A. Buhler, Chair

CAPITAL CITY CHRISTIAN CHAMBER OF COMMERCE, LLC

Mr. Lee Hatiman

7

Appendix A SW w~Stc ftDs~ac · i:\b

Rev. 09/2013 A'I TACJI~IEl\fTO

SIIAWNF.F. COtJI\'T\' CONTIIACT C ___ _

CONTilACTLIAL l'ltOVISlONS ATTACHMENT l11c undersigned parties agree thai the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the ___ day of ________ , 20_.

I. TERMS JJF.RF.IN CONTROLJ.ING PRO\'ISIONS. It is expressly agreed that the tem1s of each and every provision in this attachment shall prevail and control over the tem1s of m1y other conflicting provision in any other document relating to and a part of the contract in \\ilich this nttachment is incorporated.

2. AGRF.F.MF.I\'T Wmr KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any other states or count!)'. All contractual agreements shall be subject to, go1•cmcd by, and construed according to the laws ofthe State of Kansas.

3. T£J{l\IINATION DUE TO J.ACK OF F(INOJNG APPROPRTATION. Shn\\11CC County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 e/ seq. If, in the judgment of the Financial Administrator, Attdit-Finance Oftice, sufticient fimds are not appropriated to continue the function performed in this agreement and for the payment of the. charges hereunder, County may tenninatc this agreement at the end of its current fiscal year. Comlly agrees to give \\Tilten notice of tenninntion to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is tenninnted pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurre~ through the end of such fiscal year. nlc tcnnination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LIADIIH\'. Neither the County of Sha\\TICc nor any department thereof shall hold hanuless or indemnity any contractor for any liability whatsoever.

S. ANTI·DISCIUMJNATION CLAUSE. l11e contractor agrees: (a) to comply \\ith the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A 44-1111 et seq.) and the applicable provisions of the Americans With J)isabililics Act (42 IJ.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or ad1•crtiscmcnts for employees, the phrase "equal opportunity employer"; (e) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (c) that a failure to comply ''ith the reporting requirements of(c) abo1•c or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (I) if the contracting agency detcnnincs thnt the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contmct; (g) if (e) or (t) occurs, the contract may be cancelled, tem1inated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor \\i1o employs !ewer than four employees or \\i1ose contract with the County totals $5,000 or less during this fiscal year.

6. Accr.rrANCF. OF CO;>.'TRACT. Titis contract shall not be considered accepted, approved or otherwise effecth·e until the required approvals and ccrtilieations have been given and this is signed by the Board of County Commissioners of the County ofSha\\llee, Kansas.

7. ARBITR,\TIOX, DAMAGES, WARRANTIES. Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions 11ill be given effect which aUempts to exclude, modi!)•, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

8. H£1'Ju:sENTA'm'E's Auruomry To Co;nRACT. By ~;igning this document, the represcntati\·e of the contractor thereby represents that such person is duly authorized !ly the contractor to e-xecute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSrBILITY FOR T,\XF.S. ll!C County shall UOI be responsible for, nor indemniJY a contractor for, any federal, state or local taxes \\i1ich may be imposed or levied upon the subject matter of this contract.

I 0. INStJRAI\Ct:. 'l11c County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fimd to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-610 I et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

Title:

:{-;z,-J b Date:

UOAIW OF COUNTY COM.l\!ISSIONERS SHAWNEE COUNT\', l<ANSAS


Date:

ATTEST:

Cynthia A. Beck, Sha\111Ce County Clerk

Shawnee County

r + recreation

March 1, 2016

TO:

FROM:


John E. Knight, Director \\\ Parks + Recreation ~

RE: Terms & Conditions- GameTime c/o Cunningham Recreation Greenspace/Land Division- Parks

Board of Commissioners approval is requested on the attached terms and conditions agreement between GameTime c/o Cunningham Recreation and Shawnee County.

This Terms and Conditions Agreement is necessary to allow Parks + Recreation to order playground equipment to replace damaged equipment that could propose a safety issue for park patrons.

The total amount quoted is $705.05 for the replacements parts. There are sufficient funds in the Parks+ Recreation operating budget for this purchase.

JEK/lrk Attachment(s)

parks.snco

, Shawnee County Parks+ Recreation • 3137 SE 29th Street • TopOka, KS 66605 • (785) 251-2600

GameTlmo c/o Cnnnlnglmm Recl'catlon PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX

RECREATION

Shawnee County Pnrl{s- Replacements

Shawnee Co\lhty Parks & Recreation A11!1: Mike Hulley 3137 S.E. 29th Street Topeka, KS 66605 Phone: ?85-267~1156 Ext. 24 Pax:785-266-0308 [email protected]

RDU

140201

2 137618

GameTime - Bubble Panel Custom- [Rolo Plastic:: (92) Yellow] Custom

·[B(Is;r,:; {92) Yellow] (1) 138554 •• Bubble Encl Panel (ds/Rp) (1) 138865 ··Hardware For 10108 GameTime - Alum End Cap Custom ·[Basic: (92) Yellow] GameThne - Self Sealing Pop Rlvet

*Materials only quotation. This pricing does not include any off-loading or lnstullation of equipment. *Toxes may be applicable at time of order. Contrnct: USC

Page I of3

QUOTE #109254

02/23/20(6

Project#; P81440 Ship To Zip: 66065

$665.00 $665.00

$28.00 $28.00

S0.38 $0.76

SubTotal: $693.76 Discount: ($166.SO)

Freight: $177.79 Totnl Amount: $705.05

RE!CREAiiON

GamcTlme c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704,525.7356FAX

ShAwnee County Pal'}{s -Replacements

QUOTE #109254

02/23/2016

Pl'ldng: Prices are firm for 30 days unless otherwise noted. Above costs assun1e one shipmen! and one inslallntion unless otherwise noted. Tnxes will be shown as a separate line item !(included. Any npplicable taxes not shown will bo applied to the final invoice. Ltnrl Thng[S[]IptmP.!l Scnndnrd orders shipped 4 weeks after receipt of order and acceptance of your purchnse order, color selections, approved submiUals,(ifrequired)unless othenvlse noted. Custom equipment nnd shades may reqmre n longer lead time. Surfacing lead time is approximately 2 weeks after scheduling request. rt is the responsibiH!y of tho owner to ofiload and inventory equipment. unless other armngomonts hnvo bcenmaM. Missing or damaged equipment must be reported within GO d~ys ofa~ccplnncc ofdelivery.Equipmcnl mny be ~cnt in-nmlliple shipments based on point of origin. Pnymcnl Temts: Payment in full, Net 30 days subjcelto appro\•nl by Credit Mmmger. Prc·payment nmy be req11ired for orders cqltRiing less I han $5,000. A signed P.O. made om to Omnclimo C/0 C\mninghnm Associntos, Inc. or this signed quotation is required for all orders \lllless otherwise noted. A l .5% per month finance chnrgo will bo imposed onnll past duo accounts. Equipment shall be invoiced separately from other services and shall bo payable in ndvnnce of those sen• ices and project complelion. Checks sltould be mado payable to Game Timo 1m loss otherwise directed. RW!rJ.lu Rot11rns are available on shipments delivered within the last 60 days nnd only if th\l product is in merchantable condition, hns never been Installed, anti has never been stored in an area of litHe or no protection. A 25% restocking fee will be applied to all goo us. Customer will bo charged freight for both the outbound and Inbound shipment. Any credit will be bas~d on tho condition of the item 11pon Its re!um. Uprights cannot be retumed.

Acceplfmce ojJhls proposal hldicates your agraemrmt to tile terms a11d comlillo11 stated llerelu.

Wlsll to pay by Cl'edlt cnrd? i'lcnsc cotnplctc tho following fnfonnatlom

Mastercnrd Visa AMEX

Credit Cnrd Number: Exp Date:------CSC, Carde Security "'C-od-.:e-:-: ------------

Nmncns il appears on card:_=----------------Amountlo be charged lo enr : Emnil or Pnx credit cnrd rccelp,-1!:-:-o-:-: ----------------

FURNISH & DELI~ER ONLY:

• Allllems m·e quoted furnish nncl dellve1· ONLY, Jnstnllntlonls NO'f lnclnd~d.

Acccptnnco of quotntlonr

Accepted By (printed):_~----------

'fitlc: ________________ _

Tlllephone: ---------------

Purchase Amottnt: $705.05

Date: ___________ _

P.O. No: __________ _

Fnx: ___________ _

SALES TAX EXEMPTION CERTIFICATE II: ____________ _

{PLEASE PROVIDE A COPY OF CERTIFICATE}

Salesman Signafure Olslomer Signature

Page2 of3

Approved as (,J c -J •

"".nd Form· 0"''~ '1-~t.'t- 1 <. &I • """' ·u . . .. --= --- - --- ~-- ............... --.L~----

RECREATION

GameTime clo Cunningham Rccrcallon PO Box 240981 Chnrlottc, NC 28224 800.438.2780 704.525.7356 FAX

Shawnee County Pari(S ~Replacements

U.S. COl\ll\IUNITIES TERMS & CONDITIONS

o LEAD TIME: nonnalleRrltlmo is 30 days from active order date.

• PURCHASE ORDERS: MUST BE MADB OUT ·ro GAMETIME c/o CUNNINGHAM RECREATION

QUOTE #169254

02/23/2016

• PRICING: pricing Is net, f.o.b. destination, aner freight charges l1nvc been calculated using the contact shipping mtes provided herein nnd added to the net prod\IC! prices shown on the contract price list. Gnmolime offers mosl fnvol'l!d prlchtg and spccinl dlscomtts lo those local public agencies participating in the U.S. Communities contract. Product pricing derives from nnd is indexed by the 2006 Game Time Catalog, Jess the applica\Jlc discounts stated herein. GmncTimc pricing is adjusted the nrsl of each ycur with the printing nnd distribution

• QUANTITY DISCOUNTS: Volmne single pmchascs of composite piny systems only siJall be eligible for an addilional discount. ORDERS: All orders shall be in writing Qn rho buying entity's eurchaso order form or similar docmncntation, and showing GamcTimc as tho vendor. Open buying on the Interne! (OBI} is not cuaently ll\'atlable.

1 SHIPMENT: Sht(lllin~ shall commence within 4-6 weeks nncr our receipt and acceptance of the customer pnrehase order, color selections and approval ofsubnultals, if' required.

• TERMS OF St\LE: Payment is due within 30 days from dn!c ofinvoico for gowmmentnl agencies. Payment may be made by VISA or MasterCard. Ortlers for materials paid for al the time ofplacomont are entitled to a 3% eash·with·ordcr discount.

1 MINIMUM ORDER: RFP 269·2003-007 purchases, other than rcp!ocenienl parts, require a minimum order ofSSOO.OO. • PACKAGING: All goods shnll he packnged In accordance with acceptable commercial practices and marked lo preclude confitsion during

tmlonding and handling. RBCEIPT OF GOODS: Ccustomcr shall receive, unload and inspect goods upon arrival, rcporttng nny doscNpancles on the deliYcry rccelpl prior to written acceptance or the shipment. Concenlcd damages tn\lst be reported within I 5 days or delivery&. concealed shortages mnsl bo reported within 60 days.

• INSTALLATION: If included wilh pmchase, shall be by n Cerllfled GameTime installer. Customer shall be responsible for scheduling coordinnlion and site prop~raUo11, Site should be level and penni! installation cquipmentnccess. Purchaser shall be responsible for unknown conditions such as burled utilities, tree stumps, bedrock or any concenled mntcrlnls or conditions lhnt may result in additional labor or material costs. Added churgQs mny result for failure lo nolity Hto instollcr of schedule changes or site conditions that prevent inslallalion.

• EXCr.USIONS; Unless otherwise noted, tills proposal excludes nil site work and landscaping, removal of existing equipment; storngo of goods prior to instollal!on; drainage provisions: a11d Sftfcty surfacing and borders unless purchased separately. Customer shall bo responsible for providing a clear, t~vcl site for instnllallon nnd for scheduling deliveries and coordinating installation.

• SUBMITIALS: Our design proposal rolfects the spirit and intent oftlto soliollntlon. Wlll!o some vRriations may exist between GamcTime designs nnd specincalionsnrc uuiquo and not Intended to be idenlical in all respects lo other mnnufaehtrcrs. If required, WG shall submit for review and approval by the owner's representative detailed drnwings depecling the equipment to be fumi shed accompanied by specifications describing materials. Once npJlroved, these drawings and specincalions shall constitute tl1e lin a! documents for the project and shall take pre~edence over all other requirements. Gamciime shall provide for encll playground two sets ofinstnllatioo, assembly Md mninlennnco ins!mcHons in accordance with our stundard practices. All composite playgrotmd designs and equipment shall compl)• with ASTM P 1<187-01, Stnndnrd Consumer Snfel)' Pcrfonnanco Speeificallons for Playground Equipment ror Publio Use: Handbook for Public Plnyground Safety l'ublicnlion 325 by the u.s. Consumer Producrs Safely Commission; nnd the Guide to ADA Accessibility Gu(delines lor l>lny Areas published by tho U.S. Access Board.

• CREDIT APPLJCATfONS: If required musl be submitted with your order. FINANCE CHARGE: A l.S% monthly finnnce charge will be lidded loall Invoices over 30 days pnsl due.

ORDER INFORMATION:

Billlo:~ _____________ Shipto: _____________ _

Conlael: _______________ ContRcl: ______________ _

Addre.ss: ______________ Address: _____________ _

Address: _______________ Address:

Cily, Stnte.Zip: _____________ City, Slnto,Zip: ___________ _

Tei: ________ Pax: _______ Tel: _________ l'n:<: ______ _

Pnge 3 of3

Rev 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the ___ day of --------20 .

I. TERMS HI(REIN CONTROUING PROVISIONS. It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated,

2, AGllE~:Ml>N"r Wrm l<ANlit\S LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A, to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to !he Jaws oflhe Stale of Kansas.

3. TERMI~ATION DUE TO LACK OF FUNDING APPitOPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K S A I 0- I I 0 I e/ seq. It; in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year, In the event this agreement is terminated pursuanllo !his paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such tiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. OISC!.AIMEI~ OF LIABI!.ITV. Neither the County of Shawnee nor any department thereof shall hold harmless or indemniry any contractor for any liab.ility what~oever.

5. ANTI-DISCRIMINATION Ct.,\ USE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (KS,A 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.SA 44-1 Ill et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S,C. 12101 et seq,) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.SA 44-1031 and K.S A. 44-1 I 16; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (t) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

6, ACCEPTANCE OF CONTRACT, This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Commissioners of the County of Shawnee, Kansas.

7, ARBITRATION. IJMfAGES. WARitANTIF.S. Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency, Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modiry, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose,

8, I~EPR~:.'iENT,\'l'IVE 1S t\l!TIIORI'I"Y TO CON'fRACr. By signing this document, ·the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contmclor and that the contractor agrees to be bound by the provisions thereof

9, U.I;:SPONSIBII.ITV FoR TA."I:ES. The County shall not be responsible for, nor indemniry a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter ofthis contract.

10. INSUitANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "'self-insumnce" fund lo protect against any such loss or damage. Subject to the provisions of !he Kansas Tort Claims Act (K SA. 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

VENDOR/CONTRACTOR: ~ ~-v" Scott Cunningham ~i _

By

President

Title:

02/29/2016

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS


Date:

ATTEST:


March 1, 2016

TO:

FROM:

RE:


John E. Knight, Director Parks + Recreation

Agreement - Skyline Park Sponsorship Business Division - Partnerships

Board of Commissioners approval is requested on the attached agreement. The agreement and attachments set forth conditions agreed upon between Parks + Recreation, Quest Credit Union, and the Shawnee County Parks & Recreation Foundation for future capital improvements and maintenance scheduled for Skyline Park in the next six ( 6) years. The current condition of the park is under assessment by the Greenspace/Land Division and is classified as a natural area according to our Master Plan. Improvements increasing access and usage of the park are all areas in need of improvement.

To assist the County in this endeavor the Quest Credit Union will donate to the Shawnee County Parks & Recreation Foundation a total of $180,000 over the next (6) years. Quest Credit Union will donate $90,000 to the Preservation Endowment Fund which will serve as an endowment by which proceeds from the earnings will produce funds for future development and improvements. This funding will also serve as catalyst to entice additional corporate sponsors or private individuals to contribute to the preservation, development and public access to natural areas within Shawnee County. The remaining $90,000 will be placed in the Facilities and Programs Fund which will be used by the department to provide the contractually agreed to improvements. This arrangement is identified in the Shawnee County Parks + Recreation Master Plan, specifically the Implementation Plan, Section 4.3, "Develop a partnership plan for inviting partners to help manage facilities and programs where appropriate to keep costs down". In exchange for this financial commitment Quest Credit Union will receive their name and logo on all trailheads, signage, maps, trail markers and other park structures.

The Shawnee County Parks & Recreation Foundation was formed in 2008. This Foundation provides the mechanism to develop public/private partnerships by developing endowments managed by the Topeka Community Foundation dedicated to the long-term preservation of facilities. The SCPR Foundation was initially created by the Board of County Commissioners under the Strategic Fundraising Plan and now includes a Board of Directors and volunteers that

parks.snco .. us

Shawnee County Parks + Recreation • 3137 SE 29th Street • Tof)f:Jka, KS 66605 • (785) 251-2600

wish to see Shawnee County parklands and facilities preserved and remain first class for generations to come.

The Strategic Fundraising Plan utilizes tax-deductible contributions, bequeaths and advertising revenues to reduce the burden of government through funding of major capital improvements, public parkland acquisition, special projects and programs. The Board of County Commissioners for the County of Shawnee, Kansas approved Agreements with the Topeka Community Foundation for the establishment of two (2) funds. The two (2) funds that were established are an endowment fund and a special purpose fund. The Topeka Community Foundation established and has administered the "Shawnee County Parks & Recreation Preservation Endowment Fund" and the "Shawnee County Parks & Recreation Facilities and Program Fund". The establishment of these funds allows interested parties to make tax-exempt donations to Shawnee County Parks & Recreation Foundation for the preservation of Park facilities, construction of new facilities, and presentation of special programs and events for the public while reducing the burden to government and Shawnee County tax-payers.

This public/private partnership is in keeping with the outlined strategies in the Master Plan, by enhancing and improving parks with support from outside groups who are willing to establish future funding and assisting with care and upkeep will allow this park to be enjoyed for future generations. This partnership signifies that combining efforts with entities and volunteers will help move the Master Plan forward more quickly leading to improved amenities and trails. Quest Credit Union further agrees to our Adopt-a-Trail program and maintenance standards which greatly assists Parks + Recreation in preserving the natural element and maintenance of Skyline Park.

JEK/bt Attachment( s)

SHAVVNEE COUNll

CONTRACT .#lla4 -ao \ \.o

AGREEMENT FOR SKYLINE PARK SPONSORSHIP

THIS AGREEMENT is entered into this day of , 2016, by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE; KANSAS, hereinafter refen-ed to as "County/' and QUEST CREDIT UNION, hereinafter refeiTed to as the "Sponsor.,

WHEJlliAS, the County is the owner of Skyline Park (the Premises) and operates the public park located therein for the recreational use by the public; and

WHEREAS, the Sponsor desires to provide contributions detailed in this agreement for future park improvements at the Premises; and

WHEREAS, the County intends to collaborate with the Sponsor by expanding cultural · and educational awareness and preservation of the Premises for future generations· by utilizing funding provided by the Sponsor; and ·

NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1. The Sponsor shall receive name and logo recognition for park improvements and Adopt-a-Trail commitments at the Premises including establishing trailheads, signage or maps, trail markers, and park structures.

2. The Sponsorship 1ights granted to the Sponsor shall commence on the Effective Date and continue thereafter, unless previously terminated as provided herein Ol' as otherwise agreed to in writing by the parties.

3. The rights enumerated herein are exclusive to the Sponsor. County shall not enter into agreements with other financial institutions for name and logo recognition at Skyline Park during the six (6) year term without providing Sponsor first right of refusal to equal or increase current contribution levels. However, the County may, from time to time, enter into agl'eements with other non~financial institutions, entities, ~nd/or individuals for advetiising, special events, capital improvements, preservation effmts, and activities at the Premises without consent of the Sponsor.

4. The County shall make its best eff01t to provide all benefits enumerated in this Agreement, provided such provision of benefits are legal for the County to provide and are in accordance with all laws that govern the County,s ability to provide such benefits. Sponsor understands that such laws may change over the course of the Agreement and may affect the County's ability to perfonn and provide some or all of the benefits enumerated in this Agreement. County ~hall.advise Sponsor of any changes in any·laws that may affect County's ability to provide the benefits enumerated in this Agreement within a reasonable time from the time the County is informed of any such law.

5. The Sponsm· shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any pali of Sponsor's rights, interests, or duties in this Agreement without

County's prior written consent. Any attempted assignment, transfer, subletting Ol' encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

6. The County shall retain all ownership of the Premises and stmctures, all management rights, all revenue and all other rights regarding the Premises, which are not specifically granted to the Sponsor in this Agreement. The Parties agree that all park improvements shall not interfere with City of Topeka's or any other entity's right to use the Premises.

7. The Sponsor and any volunteers of said sponsor shall pmiicipate for the term of this Agreement in the Shawnee County Parks+ Recreation Adopt~A-Park/Trail Program. All volunteers shall abide ·by the provisions set fmih in the program as outlined by Parks + Recreation.

8. The Sponsor shall assist the County in developing a comprehensive Capital Improvement Plan (CIP) for the site. The CIP will follow Parks + Recreation Standards with regards to type, prioritization, and funding. The CIP will fmiher consist of developing a committee comprised of at least two (2) Sponsor members and County representatives. The Committee will review and update the CIP annually with improvements and reviews presented to Parks + Recreation Administmtion by November 1 for consideration.

9. In exchange for the rights granted herein, the Sponsor shall provide the following funding to the Shawnee County Parks + Recreation Foundation Facilities and Program Fund, in addition the Preservation Endowment Fund shall receive said funding as detailed below and the total amounts shall be paid within six (6) years of the Effective Date ofthis Agreement.

Year

2019 40%

Facilities and Program Fund

$12,000.00

Endowment Fund

60% $18,000.00

The funding required by this paragraph will consist of cash to the Foundation in the appropl'iate funds. The funding received pursuant to this Agreement shall be used to provide enhancements, repairs and maintenance at the Premises. The Topeka Community Foundation and the Shawnee

2

County Parks+ Recreation Foundation shall make recommendations to the County regarding the specific use of such funding.

Addit~onally, in exchange for the rights granted herein, the Sponsor shall be afforded the minimum of the six (6) year plan amenities and services detailed in Appendix A. Sponsor shall be afforded the opportunity to have a Sponsor event(s) on the Premises annually. Sponsor shall provide the County dates for Sponsor events held at the Premises thhty (30) days in advance for planning purposes and access.

10. This agreement is made in good faith for the benefit of both parties and the residents and visitors of Shawnee County. Sponsor may terminate the agreement upon sixty (60) days written notice to the County without being considered in breach of the agreement. In the event of termination of this agreement by Sponsor or due to non-perfonnance or abandonment of

· funding commitment for the SCPR Foundation, County shall have the right to revoke the Sponsorship rights and pursue a su,bstitute spons9r that will complete th~ funding goals of the endowment. Funds donated to SCPR Foundation will not be refunded for any reason and maintained in perpetuity for the stated purpose of the endowment eamings along with the programs and facilities fund to maintain the Premises for generations.

11. The Contractual Provisions Attachment, which is attached to this Agreement, is incorporated by reference and made a part of this Agreement. Together this Agreement, Appendix A, and the Contractual Provisions Agreement represents the entire agreement and understanding between the Sponsor and the County. No terms, conditions, course of performance, usage of trade, understandings, or agreements purporting to modify, supplement, or explain any provision of this Agreement shall be effective unless in writing, signed by representatives of both parties authorized to amend the Agreement.

12. This Agreement shall be governed by and construed under the laws of the State of Kansas. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be the Shawnee County District Court.

13. The persons executing this Agreement on behalf of the pa11ies hereto warrant that they are duly authorized to execute the Agreement on behalf of the pal1ies.

IN WITNESS WHEREOF, the pmiies hereto have executed this Agreement on the day and year first above written.

(signature page below)

3

ATTEST:




QUEST CREDIT UNION

Vickie Hutt, President

• COUNTY PARKS+ RECREATION FOUNDATION

4

Approved as to Legaflht and Form: Data ·1..-1.. 'L..-/l

·~·· ............... ,_ . .,,., -·· ~ (_ r) .• • -. ;,.. ·····"'-"':;'-1!:.f~ .. r., ................... _

· · .... · · ~u. COUNSi:LOR

Rev, 0912013 AITACHMENTTO

SHAWNEECOUNT\'Coi>mucrC._ __ _

CONTRACTUAL }>ROVISIQNS AUACHMF;NT The undersigned parties agree that the following provisions arc hereby incol)lorated into the conlmet to which it is attached and made a pan thereof, said contract being dated the 23rd day of February 20~.

1. TEMIS HERi!tN CoNmoLt.tii'G PRoytstoxs. It is expressly agreed that tho tenns or each and every provision in this attachment shall prevail and control over the tem1s of any other conflicting provision in any other document relath1g to and a part of the contract In which this attachment is incorporated.

2, AGREEMENT WITff KANSAS LAW. rt is agreed by and between the undersigned that all disputes and matters willltsoever arising under, in connection witlt or incident to this contract shall be litigated, ifat all, i1i and before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any otller states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIAJION. Shawnee County is subject to the Kansas Cash Basis law, K.S.A~ 10-1101 et seq, If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropdaled to continue the function perfom1c!i in this agreement and for the payme11t of the charges hereunder, County may terminate this agreement at tbe end of its current fisa~l year. County agrees to give written notice nf tennination to contractor at least thirtY (30) days prior to the end of its current lisen! year. In the event this agreement is terminated purswint to this ~graph, Cotlilty Will pay to the contractor aU regular contractual payments Incurred through tl1e end of such fiscal year. T)Jc termination of tbc contract pursuant to this paragraph shall 11ot cause any penalty to be charged to the County or the contractor.

4. D!SCLAL\IER 01.' LLI.BIUIV. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnitY any contractor for any liabi[lty"whatsocver.

5. Am·DISCRIMIN.\TION CuysE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (I<.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 4of· II II et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et .req.) [ADA] and to not dis~dminate ligairisl any pellOil beCIInse of.race, religion, color, sex, disability, national origin or ancestry, or age In the admission or access to or treatment or employment in, its progmms or activities; (b) to include in all solicilations or advcrtlsemcniS for employees, the phiusc "equal opportunity employer''; (c) to .comply with the reporting requirements set out in K.S.A, 44-1031 and K.S.A. 44·1116; (d) to include tbosc provisions in every subcontract or purchase order so tl1al they are binding upon such subcontractor or vendor; (c) that a failure to comply with the reporting n:quireme11ts of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, mch violation shall constitute a breach of contract; (f) if the contracting agency detemtincs that the contractor has violated applicable provisions ot ADA, that violation shall constitute a breach of contract; (g) if (c) or (t) OCCUIS, the contract may be cauccllcd, tcmtinatcd or suspended in whole or in part by the County. Parties to this contract understand that subsections .(b) through (e) of this paragraph numberS :lie not applicable to a contractor who employs fewer thati four employees or whose contmct with the County totals $5,000 or less during thi.s fiscal year.

6. AccEPT&'fCE OF CONTRACT. This contrnct shall not be considered accepied, approved or oth~rwise effective until the requi!td approvals ·and c~rtificatiolis ha\'C been given and this is signed by the Boatd of County Commissioners of the County of Shawnee, Kansas.

1. ARB!ffiATION, DAMAm:s, W.\RRANTI£$, Notwithstanding any language to the contrary, no intel)lretation shall be allowed to fmd the County has agreed to binding arbitration, or the payment of damages or penalt.ies upon the occurrence of a contingency. Further, .tl1c County shall not agree to pay auomey fees and late pay.ncnt charges; and no provisions will be given effect which atiempls to exclude, modify, disclaim or otherwise attempt to lili1it implied warranties of merchantability and fitness for a panicular pUI]lOSe.

8. RI\PRESENTATI\'E'S AyTHORID' To COli,'TRACT. By signing this document, the rcpresent11tive of the contmctor thereby [(presents that such person is duly authorl2ed by 1l1e contractor to execute this document on behalf of the contractor and that the contractor agrees to ba bound by the provisions thereof.

9. RES!>ONSIDILITY FOR TA.XF.S. The County shall not ~c responsible for, nor indemnitY a contractor for, any federal, state or local !aXeS which may be imposed or levied upon the subject matter of this conttacl.

tO. JNSURAl')CI!:. The County shall not be required to purchase, any insurance against loss or damage to any personal property to wbicb this contract relates, nor shall this contract require the County to cstablisll a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 ef seq.), the vendor or lessor shall bear the risk: of any loss or damage to any personal property to which vendor or lessor holds title.

VENDOo/CONTRACTOR:~/

~~AI-By; Vickie Hurt

PresidenUCEO Quest Credit Union Title:

fg./'1u CWZf 2.:?, Z{)l(('


Michele A, Buhler, Chair

Date:

AU EST:


APPENDIX A- QUEST CREDIT UNION

SKYLINE PARK IMPROVEMENT TIM::ELINE

The following improvements are weather dependent but shall serve as a guide to follow when determining dates for completion of :future trail and park improvements such as signage, markers, parking at·eas and additional stt·uctm-es.

2016 March 7 - Temporaty signage outlining park/trail improvements incJuding tt·ailheads, banners and maps, Adopt-A-Trail sign May 1 - Designated parking area including permanent signage at the trailhead October 30- Trail market's, Adopt-A-Trail Park Guideline Signage Shelter Rental Period (any park)

2017 Interpretive Signage- specifically historical (1) and natural (1) North Summit Signage/Map Trail markers fol' all four (4) trails Adopt-A-Tmil Shelter Rental Period (any pal'lc)

2018 North Summit Capital Impt·ovements- including but not limited to stairs/handrails Additional Signage/Map Adopt-A-Tl'ail Shelter Rental Pel'lod (any park)

2019 Signage including panoramic view with curl'ent and histol'ical points of interest detailed Adopt-A-Trail Shelter Rental Period (any park)

2020 Covered picnic area/shelter Adopt -A· Tl'ail Shelter Rental Period (any park)

2011 Update (existing or additional) Skyline Park interpretive signage/maps Adopt-A-Trail SI1elter Rental Period (any park)

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board of county commissioners agenda ......2016/03/07 · united states district court district of...

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