board of county commissioners agenda monday, … · 2015-11-05 · board of county commissioners...

BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, NOVEMBER 9, 2015, 9:00A.M. COMMISSION CHAMBERS, ROOM B-11

I. PROCLAMATIONS!PRESENTATIONS

1. Presentation regarding the Southwest Aquatic Facility-Parks and Recreation.

2. Presentation of Kansas Association of Counties Certificates of Recognition for thirty-two years of service for Shawnee County to: Diana D. Martin, County Clerk; Cecilia M. Craig and Vicki L. Hamilton, Sheriffs Dept.; and Gloria Cortez-Leonard, Parks and Recreation.

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Acknowledge receipt of correspondence from the County Counselor's office regarding payment of a claim to Treanor Architects, PA to replace a broken window on property at 1715 SW Topeka Blvd. in an amount of $431.31.

2. Consider authorization and execution of Contract C426-2015 with Alexander Open Systems for maintenance ofthe core switches used in the county computer network, from December 12, 2015 through December 31, 2016 for a total cost of $2,965.88-lnformation Technology.

3. Acknowledge receipt of Go Topeka's 3'd Quarter 2015 report to JEDO.

4. Acknowledge receipt of Summons in Case No. 2015CV882--Carrington Mortgage Services, LLC vs. Board of County Commissioners of Shawnee County, Kansas, et.al; Case No. 2015CV912 Wells Fargo Bank, N.A. vs. Board of County Commissioners of Shawnee County, Kansas, et.a1; Case No. 2015CV916-U.S. Bank National Association, as Trustee for LMT 2006-8 vs. Board of County Commissioners of Shawnee County KS, et.al; Case No. 2015CV936-0cwen Loan Servicing, LLC vs. Board of County Commissioners of Shawnee County, Kansas, et. al.

5. Consider authorization and execution of the following service contracts-Parks and Recreation:

(a) Contract C427-2015 with Jill Dunning to supply materials and instruct Gingerbread House class for a fee of $18.00 per student.

(b) Contract C428-2015 with Caitlyn Vohs to instruct tap dance classes and workshops for a fee of $15.00 per hour.

{c) Contract C429-2015 with Sergio Baez to instruct Zumba classes for a fee of $15.00 per hour. (d) Contract C430-2015 with Caroline M. Doe! to instruct ballet, tumbling and other preschool

classes for a fee of $16.00 per hour. (e) Contract C431-2015 with Robert L. Beine to instruct karate classes for a fee of$15.00 per

hour. (f) Contract C432-2015 with Georgia Lee Clark to instruct yoga classes for a fee of $15.00 per

hour. (g) Contract C433-2015 with Kelly M. Sundbye to instruct yoga classes for a fee of $18.00 per

hour. (h) Contract C434-2015 with Judy L. Hackler to instruct yoga classes and workshops for a fee of

$19.00 per hour for classes and $1 0.00 per student for workshops. (i) Contract C435-2015 with Susan M. Schuster-Woodard to instruct yoga classes for a fee of

$16.00 per hour. (j) Contract C436-2015 with Charlene Mischke to instruct fitness and yoga classes and

workshops for a fee of $16.00 per hour. (k) Contract C437-2015 with Mimi Smith to instruct yoga classes and workshops for a fee of

$19.00 per hour for class and $10.00 per student for workshops. (I) Contract C438-2015 with Debra L. Gallaway to instruct yoga classes for a fee of $15.00 per

hour.

(m) Contract C439-2015 with Keith A. Gallaway to instruct yoga classes for a fee of $16.00 per hour.

6. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $2,241.01-District Attorney.

7. Acknowledge receipt of the Public Notice of the Ambulance Advisory Board meeting to be held on December 2, 2015 at 5:30pm at St Francis Hospital, 1700 SW 7th Street, Topeka KS, meeting Room # 1 and the receipt of the minutes of the September 2015 Advisory Board meetingEmergency Management.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

3. Consider approval of Resolution Nos. 2015-92 to 2015-94 authorizing a 2016 cereal malt beverage license for Dillon Store #37 at 6829 SW 291

h Street, Topeka; John's Food Center at 5812 S. Topeka Boulevard; and Petro Deli Inc. located at 3603 NW 46th Street--Commissioner Cook.

B. COURT ADMINISTRATION-Cathy Leonhart

1. Consider authorization and execution of Contract C440-2015 with In fax, Inc. as a sole provider of a digital display system to post dockets electronically in the first floor lobby of the courthouse across from the elevators at a cost of $19,868.51 with yearly support of approximately $1,000.00 per year.

C. CORRECTIONS-Brian W. Cole

I. Consider authorization and execution of Contract C441-2015 with Cox Business for basic cable television services for inmates within each of the department's three facilities at a total monthly cost of $3 09.15 for three years and funded through the Inmate Commissary account.

2. Consider approval of request for out-of-state training for five staff members to attend the International Conference on Positive Behavior Support (PBS) at an approximate cost of $6,000.00 including airfare, room, meals and registration fees and paid through grant funds from the Kansas Dept. of Corrections.

D. SHERIFF'S OFFICE-Sheriff Jones

I. Consider authorization and execution of Contract C442-2015 with Tum-Key Mobile, Inc. for the purchase of laptops, docking stations and adapters for deputy vehicles at a cost of $352,410.00.

2. Consider authorization and execution of Contract C443-2015 with OnBase by Hyland for annual maintenance of software at a cost of $5,750.00.

3. Acknowledge receipt of correspondence from Sheriff Jones regarding the purchase of 17 vehicles through the state contract at a cost of $492,559.75, funded with budget funds and 4 additional vehicles through the State Contract at a cost of $97,156.00, funded by the Special Law Enforcement Trust Fund.

E. INFORMATION TECHNOLOGY-Pat Oblander

1. Consider authorization and execution of Contract C444-2015 with Alexander Open Systems (AOS) for purchase, installation and one year of maintenance for six core switches/routers at a cost of$73,796.86 for hardware and $10,400.00 for engineering services to be paid for from the 2015 Information Technology budget.

F. PARKS AND RECREATION-John Knight

1. Consider authorization and execution of Contract C445-2015, amendment to Contract C329-2015 with Wolf Construction, Inc. for the construction of a perimeter wall at Old Prairie Town, extending the project deadline through November 24, 2015.

2. Consider approval of an emergency purchase for repairs to the Ward-Meade Mansion roof and payment of invoice in an amount of $16,900.00.

G. FACILITIES MAINTENANCE- Bill Kroll

I. Consider approval of request to award the bid for 455 linear feet of 8 foot high cedar privacy fence adjacent to the Weed Building and the Expocentre Jots along the 1900 block of Western Avenue to Davis Fence in an amount of$14,150.00.

H. PUBLIC WORKS/SOLID WASTE-Tom Vlach

1. Consider approval of project budget and authorization to solicit construction bids for the NW Carlson Road (Willard) Bridge over the Kansas River project.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

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: Board of Shawnee County Commissioners ~

FROM: Jonathan c. Brzon, Assistant Shawnee County Cort/ j/ October 30, 2015 DATE:

RE: Claim paid pursuant to Resolution No. 2012-141

Resol:ution No. 2012-141 authorizes our office to settle undisputed claims under $1,000.00. The resolution also provides that our office shall provide to the Board a report of all claims approved pursuant to this resolution.

Please be advised that our office has approved the following claims:

• Claim of Treanor Architects, PA in the amount $431.31 to replace a broken window on property at 1715 SW Topeka Blvd., which was damaged on or about August 10, 2015. The Shawnee County Parks and Recreation Department investigated the claim and recommended that it be paid. Our office concurred with the recommendation and a check was issued to Treanor Architects, PA on October 27, 2015.

JCB/mlb

c: Mr. Richard V. Eckert, Shawnee County Counselor Mr. John Knight, Director, Shawnee County Parks and Recreation

:1 L( ·~

'?-Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street

Topeka, Kansas 66603-3933

Memorandum

DATE: October 29, 2015

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Renew annual contract with Alexander Open Systems.

The Information Technology department is requesting permission to renew an annual contract (C447-2014) with Alexander Open Systems for maintenance of the core switches used in the county computer network. The maintenance services include assistance with troubleshooting configuration or traffic flow problems and replacement of failed hardware components.

Funding to support this issue, $2,965.88, is included in the Information Technology 2015 budget.

CPO/mro

fax 785-2.91-4.907 phone 785-233-8200 exl. 4030

1

' Alexander Open Systems, Inc. SHA \VN2:E COUNTY CONTRACT #. t:lLa ~&216 QUOTATION

Kansas City 12980 Foster #300 OVe~and Park, KS 66213 Phone: 913-307-2300 Fax: 913-307·2380

Wlchlla Epic Center 301 N. Main #1850 WIChita, KS 67202 Phone: 316·269·1400 Fax: 316·269·1403

Topeka 900 Kansas Suite# 303 Topeka, KS 66612 Phone: 785-228-2727 Fax: 785·228·9677

Ple;~se visit IWM.aos5.com for a oomplete listing of all service areas

QUOTE TO: SHIP TO:

Quote No.: Q116837 CUstomer ID: SHAWN-$7

Date:: 1012812015

Sales Rep: JEREMIAHN

Designer. RACHAELW

SHAWNEE COUNTY Shawnee County lnfnrmation Technol"9)' 200 SE 7TH STREET 1515 ~SALINE TOPEKA, KS 66803 TOPEKA. KS 66618

Phone:

Fax:

ANNUAL CISCO SMART NET TOTAL CARE RENEWAL NOTIFICATION

Cisco Smart Net Total Care Contracts in force by type of coverage:

• Smart Net Total Care Bx5xNBD coverage (CON.SNT): 94524520

Terms of Renewal: Coterminous end date adjustment to all equipment for DECEMBER 31, 2016

Actions Requesled: 1. It Is slrongly recommended thai serial numbers denoted be verified for acctJracy. 2. Denote any equipment location changes or removals from service. 3. Authorize and return as soon as possible for account maintenance and accurate billing.

PRICING REFLECTS KANSAS STATE CONTRACT#10330 PR NO 014436

SERIAL NO. EQUJPT LOCATION

CONTRACT# 94524520 SNT

1.00 AIR·CT5508·12·K9Z FCW1414L01W ToPgKA 111/16 12/31/16 1,143.20

1.00 WS·C4500X·16SFP+ JAE184801VP TOPEKA 12112115 12/31/16 911.34

1.00 WS·C4500X-16SFP+ JAE184801WF TOPEKA 12112115 12131/16 911.34

Merchandise Total

Shipping

Document Total

Above quoted pricing I$ valid unlilll/:lO/lOIS. Quoted pt/clngdPes m>lfllc:llldt sgfa tax. Sr1f~s Ja.~ if Ppp/fC'(Ibfe, will be charged onjimlllnvof(<'~ ,f/1 r~461e Items ~t•llf b<' charg~d rrppropriAie tax rilles bRred on end utenjurlsdidioll.

i/curton14r h lrJ.'< exempt, r11YJ/Id I~ e.xempliu11 permit m1dl be Dnjile lf"ithAOS til the tinrt 0/ bifling, To/(11 sof111ion flnr.ndng* ts lfWII/dle. Ad y~ur QCCOunl tmmuger howJ,'Ou (lliJ rn'Dfd up front~~ t:tnd p~ for y.QUr sofut/011 OJ.Yr dnte.

11 Re$trlct1ons apply, Suhjec:t lo credit appro't'a1 and do~umcntalloo. Customer s1gnature consHtutes .sgreemeo( with all AOS Terms. and CondJtfons 1 which way be found al httn:f,\\-ww.::tosS.com/terrus to addition (o any addendums sbown oo tbls quote.

Cus!omer Signature Date

1,143.20

911.34

911.34

$2,965.88

2,965.88

0.00

$2,965.88

Economic Development

3rd Quarter 2015

Report to JEDO

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G ~ Topel<a 3'd Quarter 2015

GO Topeka staff worked in the third quarter of 2015 to achieve the annual goals set and to ensure continued economic development success for Topeka and Shawnee County.

The New Business Attraction program during the third quarter met with 34 site location consultants and corporate real estate professionals in face to face meetings. During the second quarter, staff worked with 7 new prospects resulting in 2 formal incentive proposals. The current portfolio of New Business Attraction projects, at the end of the third quarter includes 29 projects, capturing potential for 6,093 new direct jobs and $1,217,000,000 in new capital investment. Leads and prospects are being developed on an ongoing daily basis.

The Existing Business and Retention program made 45 visits in the third quarter of 2015 and is currently working on 6 active projects; which, based upon data received to date, represents $5,000,000 in new capital investment, and 45 direct new and retained jobs. One annual audit verification was completed with 2 additional audit verifications in progress. Projects Point, Storm and Dogwood were completed with up to 88 new jobs and up to $100 million invested. Efforts continue toward meeting and educating local businesses of resources available within the community through the Financial Services Summit and the Manufacturing & Distribution Roundtable.

Workforce Development initiatives and efforts remain strong. Efforts to assist in workforce training for non-profit organizations and small businesses continue with the addition of the Lean Six Sigma Scholarship program through Washburn's Center for Organizational Excellence. The JEDO scholarship program with Washburn Tech for the 2015-2016 academic year has begun and initial awarding will occur in the 4th quarter for reporting. Manufacturers in the Classroom presentations were done at 7 area high schools, reaching over 550 students and leading up to the National Manufacturing Day activities at Washburn Tech. Other efforts in the workforce development area include assistance with the veterans lounge at Washburn and veterans efforts Washburn Tech, coordination with the Workforce Center regarding WorkKeys testing, partnership with local employers in hiring events and the reintegration of previously incarcerated individuals.

GO Topeka's EMBD continues to work with partners, both local and state, to create an environment conducive to the growth and development of small businesses. Supportive platforms such as counseling, workshops, training programs, loan programs, a bid room and small business conferences offer immediate access to cutting edge ideas and introduction to new business techniques.

The Sixth Annual EMBD Conference was extremely successful. It offered individuals access to information and resources that were be immediately applicable to the day to day operations of their business. Through these efforts, EMBD has made contact with 588 individuals, businesses, or potential business owners this quarter. Social media has been an integral part of promoting and marketing the EMBD programs. The social media report indicates that EMBD is reaching a broader audience. Year to day, the Topeka Entrepreneur's social media accounts have reached 18,297 people. EMBD also shares information on the GO Topeka social media accounts {68,206). Consequently, EMBDs average view and response rate equals 9611 per month. We are currently tracking business starts and job creations and will make an end of year report in December.

Another tool that could be a definite aid in the growth of our local businesses is access to federal contracting opportunities. Having a representative in our region consistently promoting the value of doing business with the federal government would be an asset. Preliminary discussion has begun to determine the validity of a Procurement and Technical Assistance Center (PTAC) being housed in Topeka.

The following report gives much more detail as to all of the accomplishments and results of GO Topeka staff for the third quarter 2015.

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GOAL 1:

Goall.l:

Goal1.2:

Goal1.3:

New Business Attraction Team Leader: Molly Howey

Create substantial prospect activity through suspect lead generation and servicing new qualified projects that have a high level of interest in Topeka/Shawnee County.

Development of 40 new prospects (viable project generation, sites/buildings proposal submitted)

Progress 1'1 Quarter

• 6 new prospects

Progress 2"d Quarter

• 10 new prospects

Progress 3'd Quarter

• 7 new prospects

12 new qualified projects (formal incentive proposals and/or prospect visits)

Progress 1'1 Quarter • 1 prospect visit with formal incentive proposal


• 2 formal proposals • 2 in-community site visits

Progress 3'd Quarter • 2 formal proposals

235 personal contacts with Site Consultants and National Corporate Realtors over course of year (face to face meetings)

Progress 1'1 Quarter • Face to face meetings with 51 site location consultants and national corporate

realtors at Team Kansas events, SelectUSA, Southern Economic Development Council, Mid-America Economic Development Council and one-on-one meetings.

Progress 2"d Quarter • Face to face meetings with 77 site location consultants and national corporate

realtors at Team Kansas events, Business Facilities LiveXchange, Industry Week Roundtable, Industrial Asset Management Council Council and one-on-one meetings.

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GOAL2:

Goal2.1:

Progress 3'd Quarter • Face to face meetings with 34 site location consultants and national corporate

realtors at KCADC events, Industry Week Roundtable and one-on-one meetings.

Generate new community and individual wealth and prosperity through new capital investments and new/retained primary jobs that pay the average wage or higher for Shawnee County and provide health insurance for the employees.

Attract new capital investment (new and expanding primary employers)

Progress 151 Quarter • As of March 31, 2015 Current GO Topeka Portfolio of New Business Attraction

Prospects/Projects includes: 34 Projects $1,147,000,000 Potential capital investment

• As of March 31, 2015 Current GO Topeka Portfolio of Existing Business Prospects/Projects includes:

8 Projects $30,200,000 Potential capital investment

Progress 2"d Quarter • As of June 30, 2015 Current GO Topeka Portfolio of New Business Attraction

Prospects/Projects includes: 24 Projects $1,127,000,000 Potential capital investment

• As of June 30, 2015 Current GO Topeka Portfolio of Existing Business

Prospects/Projects includes: 9 Projects $125,000,000 Potential capital investment

**FHLB- approximately $23.SM in capital investment

Progress 3'd Quarter • As of September 30, 2015 Current GO Topeka Portfolio of New Business

Attraction Prospects/Projects includes: 29 Projects $1,217,000,000 Potential Capital Investment

• As of September 30, 2015 Current GO Topeka Portfolio of Existing Business Prospects/Projects includes:

6 Projects $5,000,000

***Koch & Co. -$3M investment ***Mars- $100M investment

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Goal2.2:

Goal2.3:

Attract new primary jobs (new and expanding primary employers)

Progress 1't Quarter • Current GO Topeka Portfolio of New Business Attraction Prospects/Projects

includes: 5,438 potential direct jobs

• Current GO Topeka Portfolio of Existing Business Expansion Prospects/Projects

Includes: 120 potential direct jobs


• Current GO Topeka Portfolio of New Business Attraction Prospects/Projects includes:

5,243 potential direct jobs



** R&R Pallet Inc. -17 new jobs **FHLB -17 new jobs over the next five years

Progress 3'd Quarter • Current GO Topeka Portfolio of New Business Attraction Prospects/Projects

includes: 6093 potential direct jobs



***Mars -70 new jobs ***Koch & Co.- SO new jobs

Increase the per capita income in Shawnee County over time by adding new jobs to the community that pay at least the Shawnee County average or their specific industry

average wage. Current average: $42,484 (2015 First quarter, most recent available Source: Kansas Department of Labor, Bureau of Labor Statistics)

Progress 1't Quarter • Current GO Topeka Portfolio of New Business Attraction and Existing Business

Expansion Prospects/Projects includes: Average projected wage of $41,923 based on data received from Prospects/Projects to date

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Progress 2"d Quarter • Current GO Topeka Portfolio of New Business Attraction and Existing Business

Expansion Prospects/Projects includes: Average projected wage of $42,970 based on data received from Prospects/Projects to date


• Current GO Topeka Portfolio of New Business Attraction and Existing Business Expansion Prospects/Projects includes:

Average projected wage of $38,186 based on data received from Prospects/Projects to date

Additional Attraction Actions Implemented in 1•t Quarter 2015 • Staff attended the Kansas Economic Development Alliance Legislative Day to hear about

relevant topics being discussed in the 2015 session. • Selection of the new marketing agency for GO Topeka's marketing materials. • Selection of the agency for the development of a new and improved website for GO

Topeka. • Completed Target Industry Study and revised targets for attraction efforts. • Met with consultants at Mid-America Economic Development Council. • Co-hosted consultant event in Kansas City for area consultants. • Attended the SelectUSA conference to meet with international site consultants.

• Co-hosted consultant event in Atlanta for area consultants.

Additional Attraction Actions Implemented in 2"d Quarter 2015 • Staff co-hosted a private meeting with five national site consultants along with the

Kansas Department of Commerce while at the IAMC conference. • Met individually with 9 site consultants at Industry Week Roundtable. • Met with 13 site consultants individually at Business Facilities LiveXchange. • Continued work on the new organization website and marketing collateral. • Worked with new small business to locate in Topeka in the Topeka Regional Business

Center.

Additional Attraction Actions Implemented in 3'd Quarter 2015 • Staff attended KCADC networking event with area corporate real estate brokers. • Met with 11 site consultants individually at Industry Week Roundtable. • Continued work on new website and marketing material. • Met with national site selection publication to educate about Topeka.

• All staff attended Lean Six Sigma White Belt Training/Certification. • Coordinated meetings with Mid America Investors for potential projects.

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Goal3:

Goal3.1:

Goal3.2:

Goal3.3:

Existing Business and Workforce Development Team Leader: Barbara Stapleton

Increase contact with existing businesses and top employers and provide support for primary employers to retain and/or add jobs. Provide education and training for workforce to support existing business, with an emphasis on primary employers that will enhance their operations and sustainability in Topeka/Shawnee County.

At Least 120 business visits including top 40 employers (mandatory to qualify). Visit inputs will be recorded on a consistent format and reported to the CEO and VP on a quarterly basis.

Progress 1st Quarter

• 16 business visits were conducted in the first quarter of 2015. Of those visits, 8 consisted of major employers.


• 43 business visits were conducted in the second quarter of 2015. Of those visits, 22 consisted of major employers.


• 45 business visits were conducted in the third quarter of 2015. Of those visits, 29 consisted of major employers.

Provided assistance to companies needing help. Assistance includes providing resources, referrals, problem solving, and expansion assistance.


• Staff is currently working to assist 8 companies, of which 1 was opened in the first quarter of 2015.


• Staff is currently working to assist 9 companies, of which 5 projects were opened in the second quarter of 2015 and 2 closed as wins. (FHLB & R&R Railroad Pallet Inc.)


• Staff is currently working to assist 6 companies.

Aid Topeka/Shawnee County residents in acquiring workforce training that improves their skill set and meets local company job demands. This assistance must involve organizational assistance, funding, planning, or marketing the program.


• WorkKeys testing has been completed for 2014-2015 school year. Testing scores are being compiled and will be presented to each school district in late May at the post WorkKeys Counselor Meeting.

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• The Washburn Institute of Technology scholarship program awarded 14 awards for the spring semester.

Progress 2"d Quarter • Provided assistance in marketing the new railroad diesel tech program which

has 19 students enrolled.

Progress 3'd Quarter • Over 550 students attended 10 presentations of Manufacturers in the

Classroom at 7 schools.

Additional Existing Business and Workforce Development Activities Implemented in 1st Quarter 2015:

Existing Business: o Meetings continue for the planning of the Financial Services Summit,

tentatively scheduled for September 23.

Workforce Development: o Moving forward with Manufacturers in the Classroom development, will

have updated presentation in the schools by the beginning of the fall semester

o TheM-TECH program is now targeted within the Certified Production Technician (CPT) training, which is eligible for the Excel in Career Technical Education Initiative (SB155).

o Initial meeting conducted with Washburn University and Washburn Institute of Technology for the development of the Veteran's program

Additional Existing Business and Workforce Development Activities Implemented in 2"d Quarter 2015:

Existing Business: o Meetings and coordination continue for the Financial Services Summit,

scheduled for September 23. o Planning has begun for the Manufacturers and Distribution Roundtable

for General Managers, Plant Managers and HR/Talent Managers, scheduled for September 29

o Staff continues to attend monthly Sales & Management Executives of Topeka meetings to maintain current knowledge of the local business environment.

Workforce Development: o Manufacturers in the Classroom development continues, the updated

presentation is complete. Have met with USD 437 and USD 501 to schedule presentations during the fall semester.

o Have begun development of emPOWER your Future, a similar presentation for high school students which showcases energy/power employers in the community.

o Meetings continue with Washburn University and Washburn lnsti.tute of Technology for the development of the Veteran's program.

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o Attended meetings with the Topeka Workforce Center and the Netreach Task Force to address unemployment and poverty issues within the community.

Additional Existing Business and Workforce Development Activities Implemented in 3'd Quarter 2015:

Goal4:

Goal4.1

Existing Business: o The Financial Services Summit: Grow your Market was well attended,

with over 70 attendees. Sessions addressed the regulatory environment, workforce and community assets.

o The Manufacturers and Distribution Roundtable for plant & general managers and human resources managers had over 20 attendees. Discussion included legislative concerns, workforce, talent pipeline management and transportation issues.

Workforce Development: o Manufacturers in the Classroom presentations were done at 7 area high

schools, reaching over 550 students. o Assistance with the veterans lounge at Washburn University.

Entrepreneurial and Minority Business Development Team Leader: Glenda Washington

Increase the knowledge and capacity of minority- and women-owned businesses as well as starting or growing Shawnee County entrepreneurs through education, training, development and support services. Entrepreneurial & Minority Business Development (EMBD) and Topeka Shawnee County First Opportunity Fund (TSCFOF) will work to build capital led and educational strategies to fill critical gaps for the underserved entrepreneur, by increasing the number of loans made, providing entrepreneurial education and assisting creation of entrepreneurial jobs.

Increase training/educational/entrepreneurial opportunities annually for minority, women-owned businesses, entrepreneurs and small businesses.


The first Quarter training consisted of workshops and classes for the new existing business owners. A variety of trainings and presentations in marketing, strategic planning, startup, finance and other outreach areas allowed EMBD to interact, inform and educate more than 206 individuals about the Entrepreneurial and Minority Business Development programs.

• A four week Strategic Planning Series was conducted by Dr. Norma Juma, Professor at Washburn University. The attendees performed a SWOT analysis on the businesses. The course guided the attendees in defining strategic planning as it related to their company, determine how they should be engaged in their company's growth, detailed the difference in the business plan and strategic plan; the course also covered effective marketing, advertising and identified ways to uncover innovation in their individual industries.

9

• The first Kauffman New Venture class this year began in March. This group of 12 potential entrepreneurs has traditional and nontraditional ideas on creating new small businesses.

• The Breakfast Buzz provided education on Effectively Marketing Your Brand using social media. The information educated the audience on the importance of using the modern day marketing tools. More than 50 small businesses attended this event.

• The EMBD met, collaborated and/or provided education and outreach with several organizations during first quarter- they included the NAACP, US Small Business Administration, KTWU, Hermanitas, Buffalo Soldiers, USD 501, ABWA, and Net Reach (Highcrest).

Progress 2"d Quarter Listening Sessions • EMBD held three Listening Sessions with several of Topeka's minority

entrepreneurs. The groups provide insight on real and perceived barriers to growth. They included the following:

• First, access to capital was immediately identified as a significant barrier. Discussion focused on credit requirements and lack offlexibility as it relates to banks and other lenders, including the First Opportunity Loan Fund. Second, generational sharing was identified as a "gap" by one of the participants. Mentors are needed to provide direction and support to these fledgling businesses. The third gap identified by these groups was the fragmentation. The discussion led to individuals emphasizing the critical importance of collaboration amongst minority owned businesses to mutually fortify them when seeking opportunities on a larger scale. Finally, guidance in adopting advanced business strategies and education was identified as being critical to the success of these businesses.

Items to be addressed in the future include:

• Collaboration and Spending within- supporting minority owned businesses and identifying opportunities to collaborate to make a bigger impact.

• Farmers Market/Business- Either organize or join an existing farmers market or expo to increase their client base.

• Effective marketing- identifying ways to appeal to the market outside of their community.

• Gaining TRUST- a major factor causing the lack of growth in the black business community.

Site Visits • The EMBD staff conducted site visits of several small businesses this quarter. The

goals for these visits were to identify concerns, determine how and if they were growing and to identify resources that could support their growth. The visits uncovered a number of needs. It is a true indicator that the ecor10mic recovery has

10

crea~ed growth opportunities for these businesses; however, there is concern about the potential rapid rate of growth. As a result, the EMBD will begin hosting growth roundtables to discuss topics specific to growing existing businesses in Topeka.

Small Business Week and Awards

• The role that small business played in boosting our economy was front and center during the national celebration of Small Business. A month long calendar of events celebrated, educated, supported and provided platforms across the County directed to strengthening our small business position.

• In May, Topeka celebrated four outstanding small businesses from various spectrums at the 351

h Annual Small Business Awards. The awardees were selected from the following categories: The Emerging Entrepreneur, Nonprofit of Distinction, Minority and Women Owned Business of Distinction and Capital City Business of Distinction.

• Cash Mobs created a buzz during the two week of small business celebrations! The Mobs served business drivers and encouraged the community to spend locally and with small businesses whenever possible. EMBD partnered with the Washburn Small Business Development Center, 712 Innovations, Downtown Topeka, Fast Forward and SCORE to host the Cash Mobs. Workshops and activities conducted by these partners were also incorporated into the calendar of events.

Progress 3'd Quarter Training/Education/Entrepreneurial Opportunities

• Training is essential the growth and development of the Small Business Community. This quarter, the EMBD offered several training opportunities in the form of workshops, community outreach and informational sessions. The information below provides an outline of the clients participating in these sessions.

o Breakfast Buzz (53) o Ongoing Lunch and Learns (Google)- 66 o New Venture- 99 o Community Outreach (the VP also presented in the follow venues)

• Washburn Law School-18 • Bryan University -16 • Women and Money Series- 24 • WIBW Radio Show (shared information about the upcoming

conference) • The EMBD Conference held in September brought a new wave of energy and

excitement to Topeka's entrepreneurs. There were approximately 150 individuals in attendance. The opening session featured Mr. Jeff Gill, a successful entrepreneur, who shared his story of rapid growth and success. He also met privately with 12 small businesses to host a one on one session small business session. The larger group of attendees was treated to four additional workshops and training sessions that covered accounting, insurance, marketing and a panel of professionals explaining how to successfully bid on opportunities. The event culminated with a luncheon speaker, who emphasized the

11

Goal4.2

Goal4.3

importance of reaching the target market. The speaker share trade secrets and motivated the attendees to move forward and use the industry secrets to advance their business.

Increase the number of applications received by TSCFOF during FY-2014 year.

Progress 1't Quarter

• EMBD presented three loan applications to the TSCFOF this quarter;

however, none of the loans were approved. The Loan Committee is

made up of bankers and entrepreneurs. This allows for a non bias

opinion when viewing the loan packages. In an attempt to grow the

pipeline for this fund, outreach for the loan fund is nonstop. The TSCFOF

has begun receiving referrals from a few banks in the community as well.


• Access to capital continues to be a critical point of discussion when considering the growth and advancement of Topeka's small businesses. The TSCFOF loan fund serves to fill a portion of the void that the inability to access capital in the traditional market creates. Though it is not the final answer, TSCFOF has seen steady activity in the past few months and has begun disbursing funds to qualified candidates. EMBD has continues to promote the program as an alternative small business funding source in Shawnee County.

Progress 3rd Quarter

• Word of mouth has been a key marketing tool used in getting the word out about the First Opportunity Loan Fund. Individuals who have been successful in securing the loan have been key advocates of the Loan Fund. As a result, the loan fund has a new retail client, resulting in a business start. The retailer a family owned business and has created two new jobs as a result.

Collaborate with local and state agencies and corporations to host a Purchasing and Procurement Conference.

Progress 1't Quarter

• In January, GO Topeka's EMBD co hosted a workshop in collaboration with USD 501. The Doing Business with USD 501 workshop was well attended with more than 150 in attendance. This Workshop provided details on the upcoming RFPs for the project, certification and shared a two-year project time for the workshop.


• EMBD and the Department of Commerce hosted a purchasing and procurement forum that afforded small businesses the opportunity to meet buyers from USD 501, GSA, VA, Metro Topeka Transit Authority and Westar Energy. Businesses had the opportunity to learn about the individual certification processes required in order to bid on products, projects and services from these companies.

12


• EMBD collaborated with a number of organizations and institutions this quarter. Collaboration and outreach included, but is not limited to, The Department of Commerce, the Small Business Administration, Washburn University, Bryan University, City ofTopeka, Topeka Public Library, Greater Overland Station, the Small Business Development Center, Berberich and Trahan, Bloomerang, Inc., HCCI (Women and Money Series), NOTO Arts District, Topeka Metro and others. We also invited successful entrepreneurs to the New Venture classes. These individuals shared first-hand knowledge and provided real world experience in the areas of marketing, finance, legal, management, human resources and more. It was evident that the attendees embraced the information shared.

• EMBD has also continued its work with the General Contractors ofthe USD 501 Projects for TCAL and Jardine,Middle School. They have collaborated with McPherson Contractors and created a small plan room to house plans on the USD 501 construction projects. EMBD is working closely Tammy Shaw, Project Assistant, to promote the bid opportunities.

13

~ Shawnee County ~

Office of County Clerk CYNTHIA A. BECK

785-233-8200, Ext 4155 Fax 785-291-4912 Website: http://www.snco.us

200 SE 7th Street - Room 107 Topeka, Kansas 66603-3963

MEMORANDUM TO:

FROM:

RE:

Board of Coun~ommissioners

cynthia Ae ~ck~ounty clerk

Litigation

DATE: November 4, 2015

Please acknowledge receipt of Summons for the following cases in the District Court of Shawnee County, Kansas:

CASE NO: 2015CV882 Carrington Mortgage Services, LLC vs. Board of County Commissioners of Shawnee County, Kansas et. al. CASE NO: 2015CV912 Wells Fargo Bank, N.A. vs. Board of County Commissioners of Shawnee County, Kansas et. al. CASE NO: 2015CV916 U.S. Bank National Association, as Trustee for LMT 2006-8 vs. Board of County Commissioners of Shawnee County, Kansas et. al. CASE NO: 2015CV936 Ocwen Loan Servicing, LLC vs. Board of County Commissioners of Shawnee County, Kansas et. al.

which were received in the office of the Shawnee County Clerk and forwarded to the County Counselor on this date.

Attachment

Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 (314) 991-0255 (314) 567-8006 K&M File Code:BIRJUCMS

IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS

Carrington Mortgage Services, LLC , Case No. dJl E::()\f~ 2~ Plaintiff,

VS.

The Board of County Commissioners of the County of Shawnee, Kansas Serve at: 200 E 7th Street, Room 1 07 Topeka, KS 66603

Defendant.

Pursuant to K.SA Chapter 60

SUMMONS

TO THE ABOVE-NAMED DEFENDANT: You are hereby notified that an action has been commenced against you in this Court. You are

required to file your answer to the Petition with the Court and to serve a copy upon the Plaintiff's attorney as follows: Kozeny & McCubbin, L.C. (St. Louis Office) at 12400 Olive Blvd., Suite 555, St. Louis, MO 63141 within twenty-one (21) days after service of summons upon you. If you tail to do so, judgment by default will be taken against you for the relief demanded in the attached Petition, which is incorporated herein by reference. Any responsive pleading you file may state as a counterclaim any related claim that you may have against Plaintiff.

(Seal)

Dated: lo 1/ ·J, /!P::> 1 i '

_. \.,_/ ___

Ch.ief"CJerk of the District Coy.rt

v • /'

By: . I Q. "! / / (x. / .

- :~~"""' SHERIFF'S RETUR)\(.

STATE OF KANSAS, Shawnee COUNTY, ss. _ I hereby certify that on the __ day of , 2015, I se ~ ~ W,~~ o.t

attached Summons, together with a copy of the Petition, upon the Defendan r'esp~em>

------------' by delivering to------=-------------------' at .M. in the County of _______ _ Kansas.

Personal Service;

___ Residential Service;

llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll * K M 1 0 1 3 S 6 2 8 K M *

~\

I \J

Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25125 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:BIRJUCMS


Carrington Mortgage Services, LLC, Case No. c:2JJ ~)v ~ Plaintiff,

vs.

Justin T. Birdsong Serve at: 4800 SW 33rd Terrace Topeka, KS 66614

Misty D. Birdsong Serve at: 4800 SW 33rd Terrace Topeka, KS 66614

Div. No. -~l.o~-

The Board of County Commissioners of the County of Shawnee, Kansas Serve at: 200 E 7th Street, Room 1 07 Topeka, KS 66603

Unknown Occupant Serve at: 4800 SW 33rd Terrace Topeka, KS 66614

Defendants.

Petition Pursuant to K.S.A. Chapter 60

111111111111~ 1111111111111111111111111111111111111111111~ 111111

2

* K M 9 9 7 8 5 9 0 K M *

PETITION FOR FORECLOSURE OF MORTGAGE

COMES NOW, Plaintiff, Carrington Mortgage Services, LLC , and for its cause of action

against the Defendants states as follows:

1. Plaintiff is a corporation duly organized and existing by virtue of law.

2. Venue is proper in this District by way of the subject matter, i.e., the foreclosure of a

mortgage on certain real estate located in the County of Shawnee, State of Kansas.

3. On or about May 7, 2009, Justin T. Birdsong, Misty D. Birdsong [hereinafter "Borrower(s)"]

borrowed money from, executed and delivered to Bank of America, N.A., a Note, payable in

monthly installments, in the original principal sum of $119,861.00, together with interest as

stated. A true and correct copy of the Note is attached and incorporated by reference as if fully

set forth as Exhibit 1 .

4. As a part of the loan transaction and in order to secure payment of the Note, Borrower(s)

executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Bank

of America, N.A., a Mortgage of the same date upon the following described real estate:

LOT 5, BLOCK A, SKYLINE PARK SUBDIVISION IN THE CITY OF TOPEKA,

SHAWNEE COUNTY, KANSAS.

known and numbered as 4800 SW 33rd Terrace, Topeka, KS 66614. The Mortgage was duly

recorded on May 12, 2009, in the Office of the Register of Deeds of Shawnee County, Kansas,

in Book 4699 Page 164. The Mortgage tax was paid. A true and correct copy of the Mortgage

is attached and incorporated by reference as if fully set forth as Exhibit 2.

5. Carrington Mortgage Services, LLC is the current legal holder of the debt, and possesses all

rights, including the right of enforcement of the Note and Mortgage. A true and correct copy of

the Assignment of Mortgage is attached and incorporated by reference as if fully set forth as

Exhibit 3.

111111111111~ !IIIII~ 11~111111111111111111111111111111111111111 .., .)

* K M 9 9 7 8 5 9 0 K M *

--.. -.. ------~--:;-==.----:--:..-

Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 (314) 991-0255 (314) 567-8006 K&M File Code:STESHN03

r.


~r· 1CI/ :A Wells Fargo Bank, N.A., Case No. I .Jll; · Plaintiff,

VS.

The Board of County Commissioners of the County of Shawnee, Kansas Serve at: 200 E 7th, Room 1 07 Topeka, KS 66603

Defendant.

Pursuant to K.S.A. Chapter 60

SUMMONS

TO THE ABOVE-NAMED DEFENDANT: Y au are hereby notified that an action has been commenced against you in this Court. You are

required to file your answer to the Petition with the Court and to serve a copy upon the Plaintiff's attorney as follows: Kozeny & McCubbin, L.C. (St. Louis Office) at 12400 Olive Blvd., Suite 555, St Louis, MO 63141 within twenty-one (21) days after service of summons upon you. If you fail to do so, judgment by default will be taken against you for the relief demanded in the attached Petition, which is incorporated herein by reference. Any responsive pleading you file may state as a counterclaim any related claim that you may have against Plaintiff.

(Seal) Chief Clerk of the District Court

Dated: --~/.::...[f_./_( u_I_-·;._(J_~---

SHERIFF' RETURN

STATE OF KANSAS, Shawnee COUNTY, ss. I hereby certify that on the __ day of , 2015, I served the

attached Summons, together with a copy of the Petition, upon the Defendant/respondent

------------' by delivering to ---:--=----=---------' at -----------' at .M. in the County of , State of Kansas.

Personal Service;

11111111111111111 ~1111111111111111111~1111111111111~11111m ~ 1111 * K M 1 0 1 5 3 7 4 3 K M *

Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:STESHN03

ZD 15 GC T - g p 1: 3 3


Wells Fargo Bank, N.A., Plaintiff,

Case No. \ cs=vq 1 ?_

vs.

Nerina D. Stevenson Serve at 6006 Churchill Ct. Imperial, MO 63052

Shawn Stevenson, aka Shawn M. Stevenson Serve at: 6006 Churchill Ct. Imperial, MO 63052

Unknown Occupant Serve at: 7635 SW 1Oth Ave Topeka, KS 66615

Div.No. __ _

The Board of County Commissioners of the County of Shawnee, Kansas

Serve at: 200 E ?1h Room 107 Topeka, KS 66603

Defendants.


11111111111111 ~111111111111111111111 ~~111111111111111111111~ ~ 1111 * K M 1 0 1 5 3 6 9 8 K M *

2

------------·-:-:::::::-.. ---.. :..::-·--- ----·-


COMES NOW, Plaintiff, Wells Fargo Bank, N.A., and for its cause of action against the

Defendants states as follows:




3. On or about September 30, 2013, Shawn Stevenson, aka Shawn M. Stevenson, Nerina D.

Stevenson [hereinafter "Borrower(s)"J borrowed money from, executed and delivered to Wells

Fargo Bank, N.A., a Note, payable in monthly installments, in the original principal sum of

$144, 1 00. 00, together with interest as stated. A true and correct copy of the Note is attached

and incorporated by reference as if fully set forth as Exhibit 1 .


executed and delivered to Wells Fargo Bank, N.A., a Mortgage of the same date upon the

following described real estate:

A TRACT OF LAND PARTIALLY IN THE SOUTHEAST QUARTER OF SECTION 36,

TOWNSHIP 11 SOUTH, RANGE 14 EAST OF THE 6TH P.M. SHAWNEE COUNTY, KANSAS

AND DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID QUARTER

SECTION AT A POINT 338.35 FEET WEST OF THE NORTHEAST CORNER OF SAID

QUARTER SECTION; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST,

312.49 FEET PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION; THENCE

SOUTH 42 DEGREES 44 MINUTES 02 SECONDS WEST, 354.64 FEET; THENCE SOUTH 90

DEGREES 00 MINUTES 00 SECONDS WEST, 46.10 FEET; THENCE NORTH 09 DEGREES

31 MINUTES 59 SECONDS EAST, 29.48 FEET; THENCE NORrH 42 DEGREES 44

MINUTES 02 SECONDS EAST, 406.55 FEET; THENCE NORTH 00 DEGREES 00 MINUTES

11111111111111 ~~ ~llllllllllllllllllllllllllllllllllll~lllll~ ~ 1111

3

* K M 1 0 1 5 3 6 9 S K M *

Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 (314) 991-0255 (314) 567-8006 K&M File Code:PEETANOR

. ' ., . ' -~ ···- ·-


U.S. Bank National Association, as Trustee for LMT Case No. 2006-8,

Plaintiff,

vs.

Board of County Commissioners of Shawnee County, Kansas Serve at: 200 E 7th, Room 1 07 Topeka, KS 66603

Defendant.


TO THE ABOVE-NAMED DEFENDANT:

SUMMONS

You are hereby notified that an action has been commenced against you in this Court. You are required to file your answer to the Petition with the Court and to serve a copy upon the Plaintiff's attorney as follows: Kozeny & McCubbin, L.C. (St. Louis Office) at 12400 Olive Blvd., Suite 555, St Louis, MO 63141 within twenty-one (21) days after service of summons upon you. If you fail to do so, judgment by default will be taken against you for the relief demanded in the attached Petition, which is incorporated herein by reference. Any responsive pleading you tile may state as a counterclaim any related claim that you may have against Plaintiff.

(Seal) Chief Clerk of the District Court

------------' by delivering to-------------' at -:--:------------'at _.M. in the County of State of Kansas.

Personal Service;

11111~11111~ llllllllllllllllllllllllllllllllllllllllllllllllllllllll 1 * K M 1 0 1 5 8 7 5 9 K M *

Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:PEET ANOR


U.S. Bank National Association, Trustee for LMT 2006-8,

Colby L. Peet Serve at:

Plaintiff,

vs.

6430 Cresent Rim Drive Ozawkie, KS 66607

Tad Peet Serve at: 6430 Cresent Rim Drive Ozawkie, KS 66607

as Case No. ;t:tso/96 Div. No. _---.~..._

Mtdway Sales & Distributing, Inc., d/b/a Midway Wholesale Serve at: Registered Agent: Kenneth L. Daniel, Jr. 218 SE Branner Topeka, KS 66607

Federal National Mortgage Association (FNMA) Serve at: 3900 Wisconsin Ave. NW Washington, DC 20016

Unknown Occupant Serve at: 1632 Se Hudson Blvd Topeka, KS 66607

111111111111~ ~1111~ 11111111111111111~1111111111111111~ Ill~ 111111 * K M 1 0 1 4 5 8 5 4 K M *

2

The Board of County Commissioners of Shawnee County, Kansas Serve at: 200 E ?ttl. Room 1 07 Topeka, KS 66603

Defendants.



COMES NOW, Plaintiff, U.S. Bank National Association, as Trustee for LMT 2006-8,

and for its cause of action against the Defendants states as follows:




3. On or about December 7, 2005, Colby L. Peet, Tad Peet [hereinafter "Borrower(s)"]

borrowed money from, executed and delivered to Wells Fargo Bank, N.A., a Note, payable in

monthly installments, in the original principal sum of $49,600.00, together with interest as

stated. A true and correct copy of the Note is attached and incorporated by reference as if fully

set forth as Exhibit 1 .


executed and delivered to Wells Fargo Bank, N.A., a Mortgage of the same date upon the

following-described real estate:

LOTS 22, 24, 26 AND 28, ON HUDSON BOULEVARD, IN CAPITOL VIEW ADDITION

IN THE CITY OF TOPEKA,SHAWNEE COUNTY, KANSAS.

known and numbered as 1632 Se Hudson Blvd, Topeka, KS 66607. The Mortgage was duly

recorded on December 8, 2005, in the Office of the Register of Deeds of Shawnee County,

Kansas, in Book 4299 Page 561 . The Mortgage tax was paid. A true and correct copy of the

111111111 1m lllllllllllllllllllllllllllllllll~lllllll/111~ IIIII * K ~ 1 0 1 4 5 8 5 4 K M *

3

Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 (314) 991-0255 (314) 567-8006 K&M File Code:ROBTYOCW

-,_,.' ; -~


Ocwen Loan Servicing, LLC, Plaintiff,

vs.

case No. ~J cocvq :)l.D


Defendant.


TO THE ABOVE-NAMED DEFENDANT:

SUMMONS

You are hereby notified that an action has been commenced against you in this Court. You are required to file your answer to the Petition with the Court and to serve a copy upon the PlaintifFs attorney as follows: Kozeny & McCubbin, L.C. (St. Louis Office) at 12400 Olive Blvd., Suite 555, St Louis, MO 63141 within twenty-one (21) days after service of summons upon you. If you fail to do so, judgment by default will be taken against you for the relief demanded in the attached Petition, which is incorporated herein ·by reference. Any responsive pleading you file may state as a counterclaim any related claim that you may have against Plaintiff.

(Sea f)

Dated: ) 0 /:~3 Jr 6 I '

STATE OF KANSAS, Shawnee COUNTY, ss.

------------' by delivering to-------------' at ~----------' at _:M. in the County of , State of Kansas. ___ Personal Service;

llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll * K M 1 0 1 7 8 S 9 9 K M *

Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:ROBTYOCW

lUI 5 OCT 2 1 A II : I 0


Ocwen Loan Servicing, LLC, Plaintiff,

vs.

Tye G. Robertson Serva at: 2544 SE 33rd Ter Topeka, KS 66605

Amanda D. Robertson Serve at: 4141 SE Ridgeview Ter. Topeka, KS 66609

Case No. ,;2oJ SC\./ q 0 (s; Div. No. \u


Unknown Occupant Serve at: 2544 SE 33rd T er Topeka, KS 66605

Unknown Spouse of Amanda D. Robertson Serve at: 4141 SE Ridgeview T er. Topeka, KS 66609

111111111111~ llllllllllllllllllllllllllllllllllllllllllllllllll ~ 1111 - K M 1 0 1 7 8 5 9 6 K M *

2

Unknown Spouse of Tye G. Robertson Serve at: 2544 SE 33rd Ter Topeka, KS 66605

Defendants.



COMES NOW, Plaintiff, Ocwen Loan Servicing, LLC, and for its cause of action against

the Defendants states as follows:




3. On or about April 29, 2010, Tye G. Robertson [hereinafter "Borrower(s)"] borrowed money

from, executed and delivered to Nationwide Mortgage Concepts, A Limited Liability

Corporation, an Adjustable Rate Note, payable in monthly installments, in the original principal

sum of $142,056.00, together with interest as stated. A true and correct copy of the Note is

attached and incorporated by reference as if fully set forth as Exhibit 1.


and Amanda D. Robertson executed and delivered to Mortgage Electronic Registration

Systems INC. Solely as Nominee for Nationwide Mortgage Concepts, A Limited Liability

Corporation, a Mortgage of the same date upon the following described real estate:

LOT 5, BLOCK A, SHAWNEE LAKE SUBDIVISION "C" IN SHAWNEE COUNTY,

KANSAS.

known and numbered as 2544 SE 33rd Ter, Topeka, KS 66605. The Mortgage was duly

recorded on May 14, 2010, in the Office of the Register of Deeds of Shawnee County, Kansas,

llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll~ IIIII 3

* K M 1 0 1 7 8 5 9 6 K M *

Shawnee County

r + recreation November 3, 2015

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Director.} Parks + Recreation

Service Partners Recreation Division

Board of Commissioners approval is requested for the attached thirteen (13) Independent Contractor Agreements for Services. Contracts are a valuable tool used by Parks + Recreation to provide compensation to individuals and/or partners who desire to share their service, skills and talent with the public as independent contractors.

One of the recommendations of the Master Plan is to develop and review partnerships. The Master Plan suggested the following approach to organizing the department's partnership pursuits. The department is now using the following five (5) areas of focus to organize existing and future partnerships.

Operational Partners: Other entities and organizations that can support the efforts of Shawnee County Parks + Recreation to maintain facilities and assets, promote amenities and park usage, support site needs, provide programs and events, and/or maintain the integrity of natural/cultural resources through in-kind labor, equipment, or materials.

Vendor Partners: Service providers and/or contractors that can gain brand association and notoriety as a preferred vendor or supporter of Shawnee County Parks + Recreation in exchange for reduced rates, services, or some other agreed upon benefit.

Service Partners: Are nonprofit organizations and/or friends groups that support the efforts of the department to provide programs and events, and/or serve specific constituents in the community collaboratively.

Co-Branding Partners: Are private for-profit organizations that can gain brand association and notoriety as a supporter of Shawnee County Parks and Recreation in exchange for sponsorship or cobranded programs, events, marketing and promotional campaigns, and/or advertising opportunities.

Resource Development Partner: A private, nonprofit organization with the primary purpose to leverage private sector resources, grants, other public funding opportunities, and resources from individuals and groups within the community to support the goals and objectives of the department on mutually agreed strategic initiatives.

parks.snco

Shawnee Co nt R r s + Recreation • 3137 SE 29th Street • To ek KS 66605 • 785 251-2600

:z, 0

The following contracts are examples of Service Partnerships that help the department meet the Community Vision for programs and events.

• Jill Dunning, Supply materials and instruct Gingerbread House classes for a fee of $18 per student. • Caitlyn Vohs, Instruct tap dance classes and workshops for a fee of$15 per hour. • Sergio Baez, Instruct Zumba classes for a fee of $15 per hour. • Caroline M. Doel, Instruct ballet, tumbling, and other preschool classes for a fee of $16 per hour. • Robert L. Beine, Instruct karate classes for a fee of$15 per hour. • Georgia Lee Clark, Instruct yoga classes for a fee of$15 per hour. • Kelly M. Sundbye, Instruct yoga classes for a fee of $18 per hour. • Judy L. Hackler, Instruct yoga classes and workshops for a fee of $19 per hour for classes and $10 per student for workshops. • Susan M. Schuster-Woodard, instruct yoga classes for a fee of $16 per hour. • Charlene Mischke, Instruct fitness and yoga classes, and workshops for a fee of $16 per hour. • Mimi Smith, Instruct yoga classes and workshops, for a fee of $19 per hour for classes and $10 per student for workshops. • Debra L. Gallaway, Instruct yoga classes for a fee of$15 per hour. • Keith A. Gallaway, Instruct yoga classes for a fee of$16 per hour.

The community's vision for programming is "to reach out to people of all ages too encourage them to experience parks and recreation facilities through well designed programs that create a lifetime of memories". To meet this vision, a goal was established to "continue existing core programs of; preschool-age programs, athletics for youth and adults, youth and adult life skill programs, camps, wellness and fitness programs, senior programs, aquatic programs, and special events and include new core programs in outdoor adventure, adaptive recreation and senior services".

JEK/gcl SFH Attachment( s)

!?"- ~ " 1 '"' "'

parks.snco,

: ,' , Shawnee ~outtb Partes + Recreation • 3137: SE 29th Street • Topeka, KS 66605 • (785) 251-2600

SHAWNEE COUNTY CONTRACT NO. C4'C).. "7 -2015

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and JILL DUNNING (Contractor).

1. SERVICES TO BE PERFORMED

Contractor agrees to perform the following services for County:

Instruct Gingerbread House workshop.

This Agreement shall commence on December 1, 2015, and shall end on December 31, 2015, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT

In consideration of the services to be performed by Contractor, County agrees to pay Contractor as follows:

Task Duties Compensation

Instruct Workshop Supply gingerbread houses, frosting and $ 18 per student candy. Teach the students how to decorate houses.

Contractor shall be responsible for all expenses incurred while performing services under this Agreement. This includes equipment; supplies; telephone expenses; automobile and other travel expenses; meals and entertainment; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to complete the work under this Agreement.

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION

Contractor is an independent Contractor, not a County employee. Contractor's employees or contract personnel are not County employees. Contractor and County agree to the following rights consistent with an independent Contractor relationship:

a. Contractor has the right to perform services for others during the term of this Agreement.

b. Contractor has the sole right to control and direct the means, manner and method by which the services required by this Agreement will be performed.

1

c. Contractor shall not be assigned a work location on County premises, and Contractor has the right to perform the services required by this Agreement at any place, location or time.

d. Contractor will furnish all equipment and materials used to provide the services required by this Agreement.

e. Contractor has the right to hire assistants as subcontractors, or to use Contractor's employees to provide the services required by this Agreement.

f. Contractor or Contractor's employees or contract personnel shall perform the services required by this Agreement and Contractor agrees to the faithful performance and delivery of described services in accordance with the time frames contained herein; County shall not hire, supervise or pay any assistants to help Contractor.

g. Neither Contractor nor Contractor's employees or contract personnel shall receive any training from County in the skills necessary to perform the services required by this Agreement.

h. County shall not require Contractor or Contractor's employees or contact personnel to devote full time to performing the services required by this Agreement.

Further, Contractor hereby certifies:

1. That Contractor is not an employee of County and thereby Contractor waives any and all claims to benefits otherwise provided to employees of the County, including, but not limited to: medical, dental, or other personal insurance, retirement benefits, unemployment benefits, and liability or worker's compensation insurance.

J. Contractor must provide Federal Tax or Social Security Number on required Form W-9.

k. That Contractor understands that he/she is solely responsible, individually for all taxes and social security payments applicable to money received for services herein provided. Contractor understands that an IRS Form 1099 will be filed by the County for all payments received.

4. INDEMNIFICATION AND HOLD HARMLESS

Contractor shall save, hold harmless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs, including reasonable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.

5. INSURANCE

2

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-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 et seq.), the Contractor shall bear the risk of any loss or damage to any personal property to which Contractor holds title.

6. OWNERSHIP OF PRODUCTS/DOCUMENTS

Contractor hereby assigns to County all rights to all products, reports, documents, photographs, videos, data, and drawings produced by Contractor as a result of its services to County during the term of this Agreement.

7. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION.

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 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. Contractor shall have the right, at the end of such fiscal year, to take possession of any of Contractor's equipment, leased or otherwise, provided to County under the contract. County will pay to the _Contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by County, title to and possession of any equipment purchased by the County under the contract, but not fully paid for, shall revert to Contractor at the end of County's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the Contractor.

8. ANTI-DISCRIMINATION CLAUSE.

The Contractor agrees: (a) to comply with 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 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.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; (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 (f) 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

3

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.

9. 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.

10. ARBITRATION, 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 will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

11. REPRESENTATIVE'S AUTHORITY TO CONTRACT.

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 Contractor and that the Contractor agrees to be bound by the provisions thereof.

12. TERMINATION OF AGREEMENT

This Agreement may be terminated by either party by giving the other party written notice of the intent to terminate. The notice must specify a date upon which the termination will be effective, which date may not be less than 7 calendar days from the date of mailing the notice. Only services satisfactorily performed up to the date of receipt of notice shall be compensated by County and such compensation shall be pursuant to the terms of this Agreement. Notice shall be deemed received 3 days after mailing in the United States mail, using first class mail, postage prepaid.

13. MISCELLANEOUS PROVISIONS

a. This Agreement shall be entered into in Shawnee County, Kansas, and shall be construed and interpreted according to the law of the State of Kansas.

b. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given 3 days after mailing in the United States mail, using first class mail, postage prepaid, to the recipient's address as stated in this Agreement.

c. Contractor shall comply with all federal, state and local laws requiring business permits, certificates and licenses required to carry out the services to be performed under this Agreement.

4

d. Contractor may not assign any rights or obligations under this Agreement without County's prior written approval.

e. This Agreement constitutes the entire agreement between the parties and may only be modified or extended by a written amendment signed by the parties hereto.

f. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.

g. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than County and Contractor.

IN WITNESS WHEREOF, County and Contractor have executed this Agreement.

ATTEST:

COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

__________ ,Chair

Date: ------------------------------

Cynthia A. Beck, Shawnee County Clerk

CONTRACTOR

J~··· Prin d Name: ~~ \\ D v'-V\ .-... '.;._Ss

Address: 1 -;u r\JE c.Jb 5:f. /op-htA. f::.<; & c. r;, 1/

Date: I() I 7 ~ I {o

5

SHAWNEE COUNTY CONTRACT NO. C4~1 -2015


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Caitlyn Vohs.



Instruct Tap Dance Classes and Workshops

This Agreement shall commence on January 1, 2016, and shall end on December 31, 2016, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT



Instruct tap dance classes Provide instruction Classes: $15.00

and workshops per hour

Contractor ~hall be responsible for all expenses incurred while performing services under this Agreement. This includes equipment; supplies; telephone expenses; automobile and other travel expenses; meals and entertainment; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to complete the work under this Agreement.




1











k. That Contractor understands that he/she is solely responsible, individually for all taxes and social security payments applicable to money received for services herein provided. Contractor understands that an IRS Form 1 099 will be filed by the County for all payments received.



5. INSURANCE

2





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 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. Contractor shall have the right, at the end of such fiscal year, to take possession of any of Contractor's equipment, leased or otherwise, provided to County under the contract. County will pay to the Contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by County, title to and possession of any equipment purchased by the County under the contract, but not fully paid for, shall revert to Contractor at the end of County's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the Contractor.


The Contractor agrees: (a) to comply with 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 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.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; (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 (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this

3

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.












c. Contractor shall comply with all federal, state and local laws requiring business permits, certificates and licen~es required to carry out the services to be performed under this Agreement.

4



f. The invalidity, illegality, or unenforceability of any provision ofthis Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.



ATTEST:


__________ ,Chair

Drue: _______________ _


~~ Printed Name: Ca1+l'l 0 V 0 h S

Address: Z 745 c;W \);\\~ \JJ -~ f\e+- ZZ04 To~elc.c.. 1 tS c'oG.C, ll.f

Date: lD -4 -IS

5

SHAWNEE COUNTY CONTRACT NO. C '"\A'"J -2015


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Sergio Baez.



Instruct Zurnba Classes


2. PAYMENT



Instruct Zurnba Classes Provide instruction $15.00 per hour and Workshops






1






h. County shall not require Contractor or Contractor's employees or contact personnel to devote full time to performing the services required by this

Agreement.



j. Contractor must provide Federal Tax or Social Security Number on required Form W-9.



Contractor shall save, hold harmless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs, including reasonable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents,

subcontractors or employees.

5. INSURANCE

2








3



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 ofthe County of Shawnee, Kansas.











4







__________ ,Chair

Date: _______________ _

ATTEST:


CO!'(l'~CTOR ·tO X)_ ""'s .fi f1;t·- .

Printed Name: 5ERc---,tc) l-1 ~ ~£L_

Address: 3:b[)~<h~\Ol:\ &\JE

Date: [0- t (a- \5

5

SHAWNEE COUNTY CONTRACT NO. C "'\-~ -2015


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Caroline M. Doel.



Instruct Ballet, Tumbling and other preschool Classes


2. PAYMENT



Instruct ballet, tumbling Provide instruction Classes: $16.00

and other preschool per hour

classes


1



a. Contractor has the right to perform services for others duririg the term of this Agreement.









i. That Contractor is not an employee of County and thereby Contractor waives any and all claims to benefits otherwise provided to employees of the County, including, but not limited to: medical, dental, or other personal insurance, retirement benefits, unemployment benefits, and liability or worker's compensation insurance.




2


5. INSURANCE



Contractor hereby assigns to County all -rights to all products, reports, documents, photographs, videos, data, and drawings produced by Contractor as a result of its services to County during the term of this Agreement.




The Contractor agrees: (a) to comply with 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 Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because ofrace, 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

3

advertisements for employees, the phrase "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 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 (f) 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.






By signing this document, the representative ofthe Contractor thereby represents that such person is duly authorized by the Contractor to execute this document on behalf of the Contractor and that the Contractor agrees to be bound by the provisions thereof.




4









ATTEST:


__________ ,Chair

Date: -------------------------------


CONTRACTOR

a~~£ /21HL-

5

Printed Name: CJ.c-D\\ (\f . \) 0 e \ Address: ""Jlji3:J S\0 Qcti.N'\oo~ Cr.

Date: \0 /\lJ J \)

6

SHAWNEE COUNTY CONTRACT NO. C 4'3. \ -2015


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Robert L. Beine.



Instruct Karate Classes

This Agreement shall commence on January 1, 2016, and shall end on December 31,2016, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT



Instruct Karate classes Provide instruction Classes: $15.00 per hour






1













5. INSURANCE

2







The Contractor agrees: (a) to comply with 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 Disabilities Act (42 U.S.C. 121 01 et seq.) [AD A] 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.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; (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 (f) 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

3














4






ATTEST:


-------------------, Chair

Date: --------------------------------


Printed Name: .£.;beri l. i3eiN(!

Address: 3(d:Jl Stu {'Wrt'~ Jer Date: /O} /·?CJJS

----~~~~,,~-=~~L------------

5

SHAWNEE COUNTY CONTRACT NO. C ~?..., -2015


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Georgia Lee Clark.



Instruct Yoga Classes


2. PAYMENT



Instruct yoga classes Provide instruction Classes: $15.00 per hour





1














5. INSURANCE

2








3














4






ATTEST:


__________ ,Chair

Date: -------------------


CONTRACTOR

Date: ·to- 4' ~ ~S

5

SHAWNEE COUNTY CONTRACT NO. C .Jr33 -2015


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Kelly M. Sundbye.





2. PAYMENT








1














5. INSURANCE

2








3














4






ATTEST:


__________ ,Chair

Date: _______________ _


5

Approved as to Legality and Form: Date It ·l ,,r

rr (.1 ,...,.,.... '<I"'r9 ..... .,... ........... ·-··-"~.<".::IL""-" .. """"" ..... ~ ··~··1-~ &--A'-i~ l. ~~ • ..,~u~~~,.:.i-c~~

SHAWNEE COUNTY CONTRACT NO. C~* -2015


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Judy L. Hackler.



Instruct Yoga Classes and Workshops


2. PAYMENT

In consideration of the services to be performed by Contractor, County agrees to pay ' Contractor as follows:


Instruct yoga classes and Provide instruction Classes: $19.00

workshops per hour Workshops: $10 per student





1














5. INSURANCE

2


6. OWNERSHIP OF PRODUCTSIDOCUMENTS





The Contractor agrees: (a) to comply with 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 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. 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; (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 (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this

3














4






ATTEST:


__________ ,Chair

Dme: ___________________________ __


CONTRACTOR

9v"tJ 0(~ Print~~ame: J ad y t...... !-1-ae.k/er Address: __.!.7_7£..__L'/_:::b~.5.~Ld~_~....3~7~~-==S:...:__~ __

Date: ---.L-/p=+-/~fQJ..~/+---;__!,5.L_ ____ _ I 7

5

SHAWNEE COUNTY CONTRACT NO. C "'\'Ze6 -2015


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE CoUNTY OF SHAWNEE, KANSAS (County) and Susan M. Schuster-Woodard.





2. PAYMENT








1














5. INSURANCE

2








3














4






ATTEST:


__________ ,,Chair

Date: _______________ _


CONTRACTOR

~a !YkSchmJJJv U!Wdo4dv Printed Name: Susa0 rf). ScftU-.161-er· (J)Jodorri

Address: ~5Jo sw lkrs~ l·?d, Au61JIO) kS c~ '-/ 0 2_

Date: 9- 30·15

5

SHAWNEE COUNTY CONTRACT NO. C-4~4' -2015


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Charlene Mischke.



Instruct Fitness and Yoga Classes and Workshops


2. PAYMENT



Instruct fitness and yoga Provide instruction Classes: $16.00

classes and workshops per hour





1














5. INSURANCE

2







The Contractor agrees: (a) to comply with the Kansas Ad 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 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.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; (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 (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this

3









This Agreement may be terminated by either party by giving the other party written notice of the intent to terminate. The notice must specify a date upon which the termination will be effective, which date may not be less than 7 calendar days from the date of mailing the notice. Only services, satisfactorily performed up to the date of receipt of notice shall be compensated by County and such compensation shall be pursuant to the terms of this Agreement. Notice shall be deemed received 3 days after mailing in the United States mail, using first class mail, postage prepaid.


a. This Agreement shall be entered into in Shawnee County, Kansas, and shall be construed and interpreted according to the law of the State ofKansas.



4






ATTEST:


__________ ,Chair

Date: -----------------


;tzT/iftili ' Printed Name: &d/J.tJe Jl~cvJJ( t Address: r/JJ ZJIJ)?o;J;.fht're ~ ;j t}lf;/;/1/

Date: f~ 3tJ-U

5

SHAWNEE COUNTY CONTRACT NO. c4.3 r -2015


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Mimi Smith.



Instruct Yoga Classes and Workshops


2. PAYMENT



Instruct yoga classes and Provide instruction Classes: $19.00

workshops. per hour

Workshops: $1 0 per student




1














Contractor shall save, hold harmless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs, including reasonable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any

2

acts or omtsstons, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.

5. INSURANCE







The Contractor agrees: (a) to comply with 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 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.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; (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

3

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 (f) 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.


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 ofthe County of Shawnee, Kansas.










4







ATTEST:


__________ ,Chair

Date: ---------------------


( ? =· ~

Printed Name: lYle nt t \5m 1 V-A '

Address: / '11 f S W /Vl r1 ,klt S ttr Date: I D / J_[j / f 5

----~1(~=-,~~---------

Approved as to Legality

:_nd F_:~~Da~J~~:= A,_.._ t. v\_t, """''le.JW ..... ~~-.. ~· .. _.r:··~

5

SHAWNEE COUNTY CONTRACT NO. c±3~ -2015


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Debra L. Gallaway.





2. PAYMENT



Instruct yoga classes Provide instruction $15.00 per hour






1













5. INSURANCE

2





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 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. Contractor shall have the right, at the end of such fiscal year, to take possession of any of Contractor's equipment, leased or otherwise, provided to County under the contract. County will pay to the Contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by County, title to and possession of any equipment purchased by the County under the contract, but not fully paid for, shall revert to Contractor at the end of County's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the Contractor.



3




10. _ARBITRATION, DAMAGES, WARRANTIES.










4



f. The invalidity, illegality, or unenforceability of any provision ofthis Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.



ATTEST:


__________ ,Chair

Date:-----+''--' __________ _


5

Approved as to Logality and Form: Dato ..LL..:J 1 I__

- ·--~~--.. ~. ·~·-····~· ·-~-._a t.1!..~-A'""'~ i. vi..J .'~]-: ··. . . ...,._.w .• ...,._,_.....,,.,

SHAWNEE COUNTY CONTRACT NO. C 'x3j -2015


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Keith A. Gallaway.





2. PAYMENT



Instruct yoga classes Provide instruction $16.00 per hour






1













5. INSURANCE

2







The Contractor agrees: (a) to comply with 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 Disabilities Act (42 U.S.C. 121 01 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.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; (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 (f) 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

3














4






ATTEST:


-------------------, Chair

Date: --------------------------------


5

TO:

OFFICE OF THE DISTRICT ATTORNEY THIRD JUDICIAL DISTRICT OF KANSAS

Chadwick J. Taylor, District Attorney

MEMORANDUM

FROM:

Board of County Commissioners /

Chadwick J. Taylor, District Attorneyj)IJ


RE: Request for Diversion Fund Payments

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

1) City of Topeka Parking Section for monthly validation fees for October 2015 a) Invoice No. P100005141 dated October 30,2015 in the amount of$80.00

2) Clayton Paper & Distribution, Inc. for copy paper a) Invoice No. 86531 dated October 20,2015 in the amount of$185.40 b) Invoice No. 86723 dated October 27,2015 in the amount of$216.30

3) Hoff, Shawn for transcript fees a) Invoice dated November 2, 2015 in the amount of$14.00

4) Independent Stationers for office supplies a) Invoice No. 568021 dated October 29,2015 in the amount of$67.81

5) Sheeley-Seel, Dorothy for transcript fees a) Invoice dated November 3, 2015 in the amount of$49.00

6) Willard & Schuyler Reporting, LLC for transcript fees a) Invoice No. 2929 dated July 2, 2015 in the amount of$117.75 b) Invoice No. 2973 dated August 27,2015 in the amount of$494.50 c) Invoice No. 3023 dated October 27,2015 in the amount of$1,016.25

·The District Attorney's Office hereby requests placement on the consent agenda for consideration ofthe above itemized invoices, in the total amount of$2,241.01, to be paid from the Diversion Fund account.

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

QTY DESCRIPTION

1 9/29 PK N SHOP 1 OVCHR 1 10/01 PK N SHOP 3VCHR 1 10/05 PK N SHOP 1VCHR 1 10/09 PK N SHOP 2VCHR 1 ·10114 PK N SHOP 2VCHR 1 10/19 PK N SHOP 4VCHR 1 10/21 i!i},~ N SHOP 2VCHR 1 10/23~~ N SHOP 2VCHR

I

EXT PRICE

19.50 5.00 5.00 3.50 2.00 9.50 1.50 3.50

QTY DESCRIPTION

9/30 PK N SHOP 2VCHR 1 10/02 PK N SHOP 3VCHR 1 10/06 PK N SHOP 2VCHR 1 1 0/13 PK N SHOP 2VCHR 1 10/16 PK N SHOP 4VCHR 1 10/20 PK N SHOP 1VCHR

~~~ ~ ~ g~~~ ~~ ~ ~~g~ ~~g~~ ~ll\1

~~~ ~~~;1\~i l'~M~

--··------· -- ---- ------------------------------------------------------- ------------------- --

r of Topeka offices will be closed on November 11, '5 in observance of Veteran's Day along with rember 26th and 27th for the Thanksgiving holiday.

EXT PRICE

-'\

I I I )

6.00 3.50 2.00 2.00 9.50 0.50 4.50 2.50

. -= c:.:.;::.- ·-· -= 1----- - - --- ·- ··-·--1·

------------_./

>py Holidays!

!Voice No: !Voice Amount: 1voice Date: ue Date: ustomer No.:

PI00005141 $ 80.00 10/30/2015 11/14/2015

\...

. ;" --

Account Balance:

Please detach and remit with payment!

voice Amount: $ 80.00 11oice No: PI00005141 10ice Date: 10/30/2015

CITY OF TOPEKA

Billing Inquiries (785) 368-1649 Payment Inquiries: (785) 368-3970

Account Balance:

CITY OF TOPEKA PARKING SECTION 620 SE MADISON UNIT 10 TOPEKA, KS 66607

Customer No.:

SHAWNEE CO DISTRICT ATTORNEY VICTIM/WITNESS 200 SE 7TH ST TOPEKA, KS 66603

$207.00

$207.00

•)

t l I

.. ·'i . CLAYTON PAPER AND DISTRIBUTION

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

1302 S. 58th. Street ST.JOSEPH, MO 64507 www.claytonpaper.com

Ship To DISTRICT ATTORNEY'S 200 SE 7TH TOPEKA KS 66603

INVOICE Phone 816-364-0220 Fax 816-364-0086

t~:~~~;:::::=.:: ::.:~.?:~ :. : . J

OFFICE

Custo~~t :W::::. :,:. ·, := := :Q,tQ,e,f:::P~W():/:\·\i ·:i: =~~~~:;:;prd~(: r:: · . , ~~y~f: :. : : .=' :. : :. :·') _n:py$hifiiei'P./O:tl· 10/15/2015 086531

. . . ·:. Ship'Via = • : =. ·. o:-.,,.,.. ·.· .~:~Tii'$man . T·~" r.;r:,;6o.s 60

lnvoic~.~=: :.: · ::" =: · ::=:,= :l.rWoic~.=P~t:a:=':· .: ,' ·:0 ::~hip':~·~t~f = : ., · :sr:eighH.ern;s .... · Jiiij=N,umber·· · · ·. ·· ·

086531 10/20/2015 10/19/15 PREPAID

: 2·

10/19/15 11:55 ~us tomer Copy

SJ:>ECT.RUM MULTI-USE COPY PAPER '·::;::::;::::;:=:::a=:t$:kH<~=:d#i::;~:~:;:'·t~·id1tii{::H~l:H/.:§:6:h:: ... ·:::·. ': : ...

PER CASE ::· '': :s=P.ii6tiibM :'Mdtt:f ..itJs=Ei · cb.i?Y.:: PAPER · , ·cs

8.5Xll-20# 92 BRIGHT 10/500 ... : .. ~:Eif·. tii\S:E·- . ·· .·· ... ·· ·: ::· . . . . . .

·.·; .. ' .. · ·::::.· .. ·.·. ·:.

· .. ··· ·:::.:· •'. .. :-· .

·= .. : .· · .. : . :: ... ·.·

UPCOMING CLOSINGS: NOV 26TH & 27TH-THANKSGIVING NOV 30TH-DEC 2ND-PHYSICAL INVENTORY

Terms & Conditions All claims must be made within 5 days. Amounts over 60 days past due are subject to 1.5% monthly service charge. If account is placed with collection. buyer is responsible for all fees.

Pay By 11/19/2015 Writer: AO

Terms- . >= · · ·

NET 30 DAYS

•. :=.:· ...

·=.:.· · .. . '•,'·•

. ....

Merchandise Freight Mise Charges Sub Total Taxable Tax nsE>

:·. ::·

·:.:·

·.:.·.

185.40 0.00 0.00

185.40 o.oo 0.00

TOTAL $185.40

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

Ship To

INVOICE Phone 816-364-0220 Fax 816-364-0086

(.~,~~~--' ·: ::.:xz.i··

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

'-'··-=-·=--=-:c..· =-·-'-"··=··-=-=··o...;·-'-"· ""'-'..."" =·-··....:.;·-:..;..;· ·:c:...· ·:...;.·=·· =='"'--======-=-=====~·· --~---···"'··-=-··~· =·· =··=·· =-=-=···=····-=··-==·=·~···=· -~-·=····-=··-=·--=-·=····~· -·~·=···=· ~~~------'

r C\istij.ffief#: ::: :, :::·.:,::=::::=: :;:gr:Mr.~~w:=::=:::-:=::,\,:::::,=:::::=:::: ::?,~l.~~i=Ptct~rm:::::::::::: B,_tiyer: .. · . ... .: . :. :. _: .cu·sfomer PIO II :: -::' :::;, . : }\:/ :::~~iV::IfHlY',:; =:::::::.·=::::::::t't·':::::-:::::'\ .:~iii~~fjjai'i 10/21/2015 08672j Tr LL/001 60

:· Jrib Number

086723 10/27/2015 10/26/15 PREPAID

.. : .:·

•,, ·. ·, .

.. · .·.:

· .. :-·

Signature_P~oof of Delivery: UPCOMING CLOSINGS:

s 10/26115 10:57 ustomer Copy

NOV 26TH & 27TH-THANKSGIVING NOV 30TH-DEC 2ND-PHYSICAL INVENTORY

Terms & Conditions All claims must be made within 5 days. Amounts over 60 days past due are subject to 1.5% monthly service charge. If account is placed with collection. buyer is responsible for all fees.

Pay By 11/26/2015 Writer: AO

Terms·

NET 30 DAYS

. · . . . ··

.. _::;. •.·

Merchandise 216.30 Freight 0.00 Mise Charges 0.00 Sub Total 216.30 Taxable 0.00 Tax <TSE> 0.00 TOTAL $216.30

IJIIUIJIIL UlGIUVIIIJI i:1 lrlVUI(;e u"·uuu~uou~ • e>x 677426 .S, TX 75267

j 877-872-8599 Customer Account ........... : Invoice Date ..................... : 10/29/2015 Sales Order .................... : S0-000571319 Order Date ....................... : 10/28/2015 Payment Terms ............... : ~e~. 30 _day~ Contact Name .................. : · · Contact Phone ................. : • ~~ --. . __ . Page ................................ : 1 of 1 Payment Method .............. : Check

3ill To: Ship To: )hawnee County District Attorney ~00 SE 7th St 200 SE 7th Room 214

-·- ·- -·- ·- . =o REKA, ... KS.66603"~~'-=-'~,~~ ~~c-,_ =~ '~- --'~'- -~~"~ __ , _ ~-,_ ~'-'-='--~-'-I opeKa,._KS_6.6_6_Q_3_ __ ,_"-'-' '----" ---''-'-""--'--'-·-·--- __ _ -'--'------------· ------- ---

;ustomer PO #:

mber Description

l21 PEN,BALLPT,ECONOMY,FNE,BE )13 PEN,GEL,CLR BARL,0.7MM.BE ~20 BOOK,STENO,GREGG,80SH,WE 112EA CLEANER,DISH,ULTRA 250Z 26 BINDING,PLAS,1/2,1 OOPK,BK 315 INDEX,ERASE1-5TAB,WE 199 CLIP, BINDER, 15MM ~00 CLIP,BINDER,SMALL

ure proper credit, please attach this portion and return yment. Be sure customer number is written on check.

remit payment to: mdent Stationers lox677426 \5, TX 75267

UOM .9!L_

DZ 3 DZ 5 EA 6 EA 1 PK 2 ST 12 DZ 6 DZ 10

Billing Code Price

Sub-Total: Freight:

Sales Tax: Total:

Deposit: Amount Due:

$0.85 $5.49 $1.29 $3.85 $8.50 $0.46 $0.15 $0.28

Extended

$2.55 $27.45 $7.74 $3.85

$17.00 $5.52 $0.90 $2.80

$67.81 $0.00 $0.00

$67.81 $0.00

$67.81

Invoice#: IN-000568021 Total Amount Due : $67.81

Customer Name: Shawnee County

Customer Account#: Invoice Due Date : 11/28/2015

Thank you for your Business!

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

SHAWNEE COUNTY Department of

Emergency Management 200 SE ih Street

Emergency Operations Center Topeka, KS 66603 (785) 251-4150

Dusty Nichols, Director

November 4, 2015

MEMO: Public Notice, RFP Timeline & Approved Meeting Minutes

TO:

FROM:

Board of County Commissioners Shawnee County Kansas

Nelson E Casteel -Ambulance Compliance Officer Uce--Shawnee County Emergency Management t' ;·

This memo serves as a Public Notice for the next Ambulance Advisory Board meeting.

Wed Dec 2 5:30 St Francis Hospital

39.05690, -95.69734 Dec

2015 PM 1700 SW 7th Street, Topeka KS 15STD6660126553 Meeting Room #1

Attached is the AAB RFP Timeline that details the coming months of activities related to the RFP process as well as the approved minutes for the September 2015 Ambulance Advisory Board meeting.

Please place these items on the Consent Agenda for review.

Should you have any questions please feel free to contact: Compliance Officer Nelson E Casteel at 785-251-4558 or [email protected]

###

TIMELINE AAB-RFP

As of 11/4/2015

DATE ACTIONS 4/8/2015 Creation of Committee

4/8/2015 Full Board appoints Board Members (3) to the Committee

4/10/2015 Compliance Officer Releases Survey Monkey to public (public comment)

4/22/2015 Appointments made by Committee of remaining members (Regular April Board Mtg)

4/28/2015 First meeting (Organizational) of Committee

4/28/2015 Media Release detailing scheduling of Public Forums

4/29/2015 Public Notice placed on BOCC Consent Agenda detai ling Public Forums

5/5/2015 New Committee Member appointed

5/12/2015 First Public Forum at TSCPL

5/12/2015 Second meeting of Committee

5/22/2015 Public Notice placed on BOCC Consent Agenda detaili ng Public Forums

6/1/2015 Second Public Forum at TSCPL

6/1/2015 Third meeting of Committee

6/9/2015 Third Public Forum at BOCC Chambers

6/9/2015 Fourth meeting of Committee

6/15/2015 Survey Monkey is closed at 1700 on this date

6/30/2015 Fifth meeting of Committee

7/6/2015 Sixth meeting of Committee

7/23/2015 Compliance Officer provided update at BOCC meeting

7/27/2015 Compliance Officer distributed working document to Committee

8/12/2015 Committee met and approved the first draft of RFP

8/13/2015 Compliance Officer provided RFP draft to Audit Finance and the County Counselor

8/26/2015 Committee Chairperson will provide an update to the AAB during their meeting

STATUS

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

TIMELINE AAB-RFP

As of 1114/2015 DATE ACTIONS STATUS

9/16/2015 Draft of RFP returned to Committee with guidance from Legal's and Finance's review Completed

9/21/2015 Committee met to examine the comments/concerns from Legal and Finance Completed

9/22/2015 Draft of RFP provided to all AAB Members Completed

9/23/2015 Full Board of AAB meets whereby Draft is discussed & reviewed Completed

10/7/2015 Committee to meet by this date to address any corrections/modifications needed Completed

10/8/2015 Committee deadline for final approval of RFP Document Completed

10/8/2015 Final Draft RFP submitted to Legal and Finance for a final review Completed

10/23/2015 Final Draft of RFP returned to Committee from Legal 's and Finance's review Completed

10/26/2015 Committee to meet by this date to address the correct ions/modifications needed Completed

10/28/2015 Final Draft RFP discussed and reviewed at the AAB meeting Completed

10/28/2015 AAB appoints Evaluation Committee to score the RFP's that are submitted Completed

10/29/2015 Changes and updates made to the RFP Doc 1015-2 and provided to Committee

Completed Members

11/2/2015 Compliance Officer submits changes and updates to County Counselor by this date for

Completed final review

11/12/2015 Return from County Counselor no later than this date

11/13/2015 Compliance Officer issues changes/updates to Board Members.

12/2/2015 Full Board gives final approval of the RFP Document.

12/4/2015 Compliance Officer submits approved RFP Document t o Director of Audit-Finance

12/10/2015 First chance that the RFP can be put on the BOCC

12/21/2015 Notification letters will be sent out to interested parties to bid on the RFP

1/4/2016 RFP Officially released and the Opening of Bids at 1000 hrs CDT

1/19/2016 Prebid Conference. BOCC Chambers at 1300 hrs. Video archive available

3/2/2016 Closing for the Bids 1400 hrs CDT- will be logged and recorded

3/9/2016 Evaluation committee meets for examination and del iberations

TIM ELINE AAB-RFP



3/23/2016 Evaluation committee presents their examination and deliberations to the AAB

3/30/2016 AAB meets and provides written recommendation to BOCC

4/1/2016 BOCC examination and deliberations

7/4/2016 180 day notification to current vendor

12/31/2016 Current Vendor Contract Expires at 23:59 (C428-2005)

TIMELINE AAB-RFP

As of 11/4/2015

DATE ACTIONS

4/8/2015 Creation of Committee

4/8/2015 Full Board appoints Board Members (3) to the Committee

4/10/2015 Compliance Officer Releases Survey Monkey to public (public comment)

4/22/2015 Appointments made by Committee of remaining members (Regular April Board Mtg)

4/28/2015 First meeting (Organizational) of Committee

4/28/2015 Media Release detailing scheduling of Public Forums

4/29/2015 Public Notice placed on BOCC Consent Agenda detai ling Public Forums

5/5/2015 New Committee Member appointed

5/12/2015 First Public Forum at TSCPL

5/12/2015 Second meeting of Committee

5/22/2015 Public Notice placed on BOCC Consent Agenda detailing Public Forums

6/1/2015 Second Public Forum at TSCPL

6/1/2015 Third meeting of Committee

6/9/2015 Third Public Forum at BOCC Chambers

6/9/2015 Fourth meeting of Committee

6/15/2015 Survey Monkey is closed at 1700 on this date

6/30/2015 Fifth meeting of Committee

7/6/2015 Sixth meeting of Committee

7/23/2015 Compliance Officer provided update at BOCC meeting

7/27/2015 Compliance Officer distributed working document to Committee

8/12/2015 Committee met and approved the first draft of RFP

8/13/2015 Compliance Officer provided RFP draft to Audit Finance and the County Counselor

8/26/2015 Committee Chairperson will provide an update to the AAB during their meeting

STATUS

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

Completed

TIMELINE AAB-RFP


9/16/2015 Draft of RFP returned to Committee with guidance from Legal's and Finance's review Completed

9/21/2015 Committee met to examine the comments/concerns from Legal and Finance Completed

9/22/2015 Draft of RFP provided to all AAB Members Completed

9/23/2015 Full Board of AAB meets whereby Draft is discussed & reviewed Completed

10/7/2015 Committee to meet by this date to address any corrections/modifications needed Cqmpleted

10/8/2015 Committee deadline for final approval of RFP Document Completed

10/8/2015 Final Draft RFP submitted to Legal and Finance for a final review Completed

10/23/2015 Final Draft of RFP returned to Committee from Legal 's and Finance's review Completed

10/26/2015 Committee to meet by this date to address the correct ions/modifications needed Completed

10/28/2015 Final Draft RFP discussed and reviewed at the AAB meeting Completed

10/28/2015 AAB appoints Evaluation Committee to score the RFP's that are submitted Completed

10/29/2015 Changes and updates made to the RFP Doc 1015-2 and provided to Committee

Completed Members

11/2/2015 Compliance Officer submits changes and updates to County Counselor by this date for

Completed final review

11/12/2015 Return from County Counselor no later than this date

11/13/2015 Compliance Officer issues changes/updates to Board Members.

12/2/2015 Full Board gives final approval of the RFP Document.

12/4/2015 Compliance Officer submits approved RFP Document to Director of Audit-Finance

12/10/2015 First chance that the RFP can be put on the BOCC

12/21/2015 Notification letters will be sent out to interested parties to bid on the RFP

1/4/2016 RFP Officially released and the Opening of Bids at 1000 hrs COT

1/19/2016 Prebid Conference. BOCC Chambers at 1300 hrs. Video archive available

3/2/2016 Closing for the Bids 1400 hrs COT - will be logged and recorded


TIMELINE AAB-RFP


3/15/2016 Evaluation committee meets for examination and deliberations

3/23/2016 Evaluation committee presents their examination and deliberations to the AAB

3/30/2016 AAB meets and provides written recommend ation to BOCC

4/1/2016 BOCC examination and deliberations

7/4/2016 180 day notification to current vendor

12/31/2016 Current Vendor Contract Expires at 23:59 {C428-2005)

SHAWNEE COUNTY AMBULANCE ADVISORY BOARD MEETING MINUTES

Wednesday September 23, 2015 at 17:30 hrs Soldier Township Fire Department

600 NW 46th Street, Topeka Ks 39.130168, -95.668904

Call to Order- Meeting called to order at 17:34 by Chairperson Karl McNorton

RollCall: Four Board Members present at Roll Call. 1

Guests:

(Board Members Michael Martin, Brooke Shumaker, Alan McKenzie, Paul Leavens)

Ex-Officio Member Commissioner Shelly Buhler was also present at roll call.

Nelson E Casteel -Ambulance Compliance Officer Scott Lenn - AMR General Manager Joseph Blecha- AMR Interim Operations Manager Zach Bottenberg- Topeka Fire Department Investigator Kristi Brown - AMR Director of Government Relations Melody Manthey- AMR Billing Specialist

Chairperson McNorton asked guests and Board Members to introduce themselves.

Approval of Agenda

In accordance with Bylaw 3.01.01, Board Members were asked to approve the shortening of the agenda

Motion by Board Member Leavens: second by Board Member McKenzie: passed 4-0 to approve shortening of the agenda and approving the agenda as presented

Approval of previous Minutes

Minutes from May 2015 meeting

Old Business

Motion by Board Member McKenzie; second by Board Member Leavens passed 4-0 to approve the minutes as presented.

Chairperson McNorton and Compliance Officer Casteel provided a copy of the AAB RFP Draft 915-2 to Board Members and answered questions as the highlights of the document were presented.

Highlights included:

o At present the RFP includes one option for a subsidy and one option without a subsidy. o Dispatch Continuity through use of same facilities and communications systems o All calls are to be handled by EMD o Identifying which activities require ALS response vs. BLS responses o lnterfacility Transfers restrictions

Page 1 of3 MEETING MINUTES 9-23-2015


o Implements a fractile response time requirement across four zones o Removes the overload matrix and implements specific exemptions o Ensures transparency through better categories by which late calls are to be documented o Training First Responders at no cost to county or responders o Puts in place a program whereby Fire/EMS response costs can be recovered o Shared and accessible CAD, AVL, GPS and reporting software/hardware o Specific requirements for NIMS/ICS Training o Formation of a Joint Training at no cost to county or responders o Agreement on a Joint Medical Director at no cost to county or responders o Standardization of medical protocols and procedures across all disciplines o Onsite and Off-site exchange of medical supplies at no cost to county or responders o Exchange of oxygen at no cost to county or responders o Implement program to combat regular runs o Would allow county and first responders to utilize contractor's purchasing power

Three AAB RFP Committee Members were present to answer questions and receive input from the Board Members during the Board Member's discussion of AAB RFP Draft 915-2.

Page 2 of3

Board Members discussed the following:

o Response times and options for expansion of response times. o Stopping of the clock by first responder units o Fractile vs. Average Response Time o Current handling of emergency and non-emergency calls compared to what is being

placed in the RFP. o Emergency Medical Dispatch parameters and needs o Community Paramedicine, Crisis Intervention Teams and Social Service integration. o Continuity of protocols and processes

In answer to a question from a Board Member, Compliance Officer Casteel indicated that Shawnee County will be broken into four response zones. Response time penalties will be assessed on a fractile basis, as well as for specific overages county-wide for both non-emergency and emergency runs. For each run, there is a pass/fail process utilized. If the run made the time for the specific zone, it passes. The fractile percentage is not stand alone and instead is calculated on all calls in Shawnee County as a whole.

In answer to a question from a Board Member, Chairperson McNorton reported that the RFP Committee would include an overview and fact sheet in future versions to better assist everyone in understanding the nuances and ideas presented by the RFP Committee.

Ex-Officio Member Commissioner Buhler thanked the RFP Committee for their work on the draft.

In answer to a question from a Board Member, an RFP Committee member reported that the times for the zones could be adjusted and more options for bidding could be placed in the next draft.

In answer to a question from a Board Member, Mr. Lenn indicated that there has to be balance

MEETING MINUTES 9-23-2015


between having a lower subsidy vs. higher call volumes.

Mr. Lenn also indicated that during the last year (2014) AMR's profit margin for the Shawnee County operation was 6%.

In answer to a question from a Board Member, Compliance Officer Casteel reported that he will reword the section dealing with the "stopping of the clock."

In answer to question from a Board Member, Compliance Officer Casteel explained the process used for upgrade/downgrade calls in relation to the current contract.

In answer to a question from a Board Member, Chairperson McNorton agreed that the sections relating to a Joint Medical Director should be rewritten and clarified by the RFP Committee.

Compliance Officer Casteel reported that the RFP Timeline would have to be modified due to an upcoming absence of RFP Committee members. Instead of meeting before September 30 the Committee will meet sometime before October 11, 2015.

Public Comments

No public comments were made.

Adjournment

Motion by Board Member Leavens: second by Board Member Martin; passed 4-0 to adjourn.

Meeting adjourned at 18:52

Minutes approved by unanimous vote of Board during their regular meeting on October 28, 2015

CllLv_-; ~ (\ 0 .. ~ :s Chairperson Allison ~a

Page 3 of3 MEETING MINUTES 9-23-2015

Approved Date: 10/28/2015

DATE:

TO:.

FROM:

RE:

Shawnee County

Office of County Clerk CYNTHIA A. BECK

November 4, 2015

785-233-8200, Ext 4155 Fax 785-291-4912 Website: http://www .snco. us

Memorandum

Board of County"D:lmissioners

cynthia A. Beck~~ty Clerk

2016 Cereal Malt Beverage License

200 SE 7th Street - Room 107 Topeka, Kansas 66603-3963

Please place on the agenda for consideration the Resolutions and accompanying documents related to issuing 2016 Cereal Malt Beverage Licenses to Dillon Store #37 located at 6829 SW 29th Street, Topeka, Kansas, John's Food Center located at 5812 S. Topeka Boulevard, Topeka, Kansas and Petro Deli Inc. located at 3603 NW 46th Street, Topeka, Kansas.

These applications have been reviewed by the Counselor's Office. There are no delinquent taxes owing on these properties. The Kansas Bureau of Investigation and Township have been notified and health inspections have been performed.

Thank you for this consideration.

Attachments

CORPORATE APPLICATION FOR LICENSE TO SELL CEREAL MALT BEVERAGES (This form has been prepared by the Attorney General's Office)

0 City or )(county of_---loo'S.L..':!-H~A-~...:~w....:::\:.....!(\{.....:..-=E:_:.._E_=----------------SECTION 1 -LICENSE TYPE Check One: 0 New License [gj Renew License 0 Special Event Permit

Check One: 0 License to sell cereal mall beverages for consumption on the premises. [gJ License to sell cereal mall beverages in original and unopened containers and not for consumption on the licensed premises.

SECTION 2- APPLICANT INFORMATION

Kansas Sales Tax Registration Number (required): 0044801956590FQ1

Name of Corporation DILLON COMPANIES, INC

Princir.l Place of Business 2700 4TH., P.O. BOX 1608

Corporation Street Address CUf{oration C~ ~~tate ~~ ZiS Code 2700 E 4TH., P.O. BOX 1608 H CHINSO -- 67 01 Date of Incorporation Articles of Incorporation are on file with the 1 ~Yes 0 No 05/13/1921 Secretary of State. Resident Amnt Name Phone No.

CORPORA ON SERVICE COMPANY 620-665-5511 Residence Street Address t"f~~EKA l~tate J~ ZiG Code

2900 SW WANAMAKER DR., STE 204 66 14

SECTION 3- LICENSED PREMISE Ucensed Premise Mailing Address

(Business Location or Location of Special Event) (If different from business address)

DBANDl :#- 3-+ Name

L- L- Q ,.--...1-'S KROGER BUSINESS LICENSE DEPT.

Busi~ocation Address ~=t-\h

Address ~C) SvJ P.O. BOX 305103

City ~~ Pt:..KA State t<S Zip N~HVILLE, TN 37230-51 03 State Zip

&,i,(oos BusiH Ph~ No.

¥ -s- -;t ;:;;.._ ~ - <-t ;;Lo o ~pplicant owns the proposed business location.

0 Applicant does not own the proposed business location. Business Location Owner Name(s)

SECTION 4- OFRCERS. DIRECTORS, STOCKHOLDERS OWNING 25% OR MORE OF STOCK List each person .and their spouse, ~applicable. Attach additional pages if necessary.

Name Position Date of Birth SEE NEXT PAGE Residence Street Address City I State Zip Code

Spouse Name Position Date of Birth

Residence Street Address City j State Zip Code

Name Position Date of Birth

Residence Street Address City J State Zip Code

Spouse Name Position Age

Residence Street Address City l State Zip Code

Name Position Date of Birth

Residence Street Address City I State Zip Code

Spouse Name Position Age


Page 1 of 3

AG CMB Corporate Application (Rev. 07.08.2013)

SECTION 4- OFACERS, DIRECTORS, STOCKHOLDERS OWNING 25% OR MORE OF STOCK "{CONTINUED)

Name Position Date of Birth MARLENE STEW ART PRESIDENT 03/08/1956 Residence Street Address s~\:.tEVUE ~tte Zio code 10116 NE 8TH 98 04 Spouse Name Position Date of Birth

Residence Street Address City I State Zip Code ,

Name Position Date of Birth MICHAEL GERWERT VICE PRESIDENT 07/26/1969 Residence Street Address

H't1fCHINSON ~~tate ZiS Code 209 CAREY PL 67 02 Spouse Name Position Date of Birth


Name Position Date of Birth WILLIAM LEWTON VICE PRESIDENT & ASST SECRETARY 02/11/1973 Residence Street Address

HCJfCHINSON II state ZiS Code 908 EAST 32ND AVE ·KS 67 El2 Spouse Name Position Date of Birth


Name Position Date of Birth TODD FOLEY VICE PRESIDENT, TREASURER 08/06/1969 Residence Street Address City I< State Zip Code 5458 LITTLE TURTLE DRIVE SOUTH LEBANON OH 45065 Spouse Name Position Date of Birth


Name Position Date of Birth CHRISTINE WHEATLEY VICE PRESIDENT, SECRETARY 02/27/1971 Residence Street Address City j State Zip Code 225 LAFAYETTE CIRCLE CINCINNATI OH 45220 Spouse Name Position Date of Birth


Name Position Date of Birth RUSSELL J DISPENSE VICE PRESIDENT 12/04/1947

2~esidence Street Address 424 5 YANK CIRCLE J_1('EWOOD II State co

Zi2' Code 80 28

Spouse Name Position Date of Birth


Name Position Date of Birth JEFFREY PARKER VICE PRESIDENT 11/06/1970 Residence Street Address City I State Zip Code 587 NORODYKE RD CINCINNATI OH 45255 Spouse Name Position Date of Birth


Name Position Date of Birth DOROTHY D ROBERTS ASST. SECRETARY 06/21/1964 Residence Street Address cT~CINNATl l< State Zi2' Code

2803 PARKWALK DR OH 45 08 Spouse Name Position Date of Birth


Page 2 of 3

AG CMB Corporate Application (Rev. 07.08.2013)

"SECTION 5- MANAGER OR AGENT JNFORMA TION

My place of business or special event will be conducted by a manager or agent. [g) Yes DNo

If yes, provide the following:

Manag.er~ent Name C NFT(E- Pf.-..._/ P{one Nf) 0 1¥) :).:;? ~ -3 1"16 Date r B~i {,~ ]_ I I (,_. 1

Residence S~t Address ~-') 'd- :5 vJ '-{-~-H---._ Cuof~ c~cf'£KA Zip Code

f.:, C.,~{() Manager or Agent Spousal Information

Spo~aM I I ,{)11--1'-/ rf.-.~

PhGe No._) ~1 '%) 7. L ""3 -o I \1 oa!3ofr

1rth/ i.L? ,

Residence Street Address ~ ~ ;)...'1- S v-J ~<)n.. Cou.cr c~1 pr_j..(A ~ ~ {., {lip Code

SECTION 6- .QUALIACAT10NS FOR UCENSURE

Within two years immediately preceding the date of this application, have any of the individuals identified in Sections 4 & 5 have been convicted of, released from incarceration for or released from probation or parole for any of the following crimes:

DYes ~No (1) Any felony; (2) a crime involving moral turpitude; (3) drunkenness: (4) driving a motor vehicle whHe under the influence of alcohol (DUI); or (5) violation of any state or federal intoxicating liquor law.

Have any of the individuals identified in Sections 4 and 5 been managers, officers, directors or stockholders owning more than 25% of the stock of a corporation which:

DYes ~No (1) had a cereal malt beverage license revoked; or (2) was convicted of violating the Club and Drinking Establishment Act or the CMB laws of Kansas.

All of the individuals identified in Sections 4 & 5 are at least 21 years of age 1. ~Yes DNo

SECTION 6- DURATION OF SPECIAL EVENT Start Date Time

DAM DPM

End Date Time DAM DPM

I declare under penalty of perjury under the laws of the State of Kansas that the foregoing is true and correct and that I am authorized by the corporation to complete this application. (K.S.A. 53-601)

DATE _' .!;._{u=-·" +(~{ ~?J~/_,t~)"------FOR CITY/COUNTY OFFICE USE ONLY:

0 License Fee Received Amount$ Date-.,-------,-($25- $50 for Off-Premise license or $25-200 for On-Premise license)

0 $25 CMB Stamp Fee Received Date ____ _

0 Background Investigation 0 Completed Date 0 Qualified 0 Disqualified

0 New License Approved Valid From Date _____ to _____ By:-----

0 License Renewed Valid From Date to By: ____ _

0 Special Event Permit Approved Valid From Date _____ to _____ By:-----

A PHOTOCOPY OF THE COMPLETED FORM, TOGETHER WITH THE STAMP FEE REQUIRED BY K.S.A. 41-2702(e), MUST BE SUBMITTED WITH , YOUR QUARTERLY REPORT (ABC-307) TO THE ALCOHOLIC BEVERAGE CONTROL, 915 SW HARRISON STREET ROOM 214, TOPEKA, KS. 6662~3512.

1 Spouse not required to be over 21 years of age. K.S.A. 41-2703(b)(9)

APPLICATION APPROVED THIS

By -------------------------

day of Chair - Board of County Commissioners

of Shawnee County, Kansas

"~~ •. Print FOrin • ]

RESOLUTION NO. do\o -9..d.._

WHEREAS, the Township Board, having been given notice pursuant to K.S.A. 41-2702(b ), concerning the application for a Cereal Malt Beverage License,

AND WHEREAS, the Kansas Department of Agriculture has no objection to a Cereal Malt Beverage License being issued to the applicant listed herein for the year 2016.

AND WHEREAS, the Kansas Bureau of Investigation has no objection to a Cereal Malt Beverage License being issued to the applicant listed herein for the year 2016.

AND WHEREAS, the Board of County Commissioners of Shawnee County, Kansas, knows of no reason why the following application for Cereal Malt Beverage license should not be allowed:

Dillon Store #37 6829 SW 29th Street

Topeka, Kansas

THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, sitting in regular session on this __ day of _____ , 2015 that the application for Cereal Malt Beverage License be approved and the County Clerk be authorized and directed to issue a license to the above listed applicants.

ATIEST:

Cynthia A Beck, County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chair

Vice-Chair

Member

KEEP THIS LICENSE POSTED CONSPICUOUSLY AT ALL TIMES

Fee, $275.00 RETAIL No. 2016-2

DEALERS 2016 LICENSE

CEREAL MALT BEVERAGES

TO ALL WHOM IT MAY CONCERN:

License is hereby granted to Dillon Store #37 to sell at retail in original & unopened containers and not for consumption on the premises at 6829 SW 29th Street, Topeka, Kansas in the Township of Mission in Shawnee County, Kansas

Application therefor, on file in the office of the County Clerk of said County, having been approved by the governing body of said Township, as provided by the Laws of Kansas, and the regulation; of the Board of County Commissioners.

expire December 31, 2016, unless sooner revoked, is not transferable, nor will any refund of the fee be allowed thereon.

Done by the Board of County Commissioners of Shawnee County, Kansas, This __ dayof ____ . __ , 2015.

Cynthia A. Beck Shawnee County Clerk

Kevin J. Cook Chair

Common/deb/cmb/license to retail. doc

'**1\ansas Sales Tax Number: D('Lj ·- L()j IIK.11 trY n;r (Corporate Application Form) APPLICATION FOR LICENSE TO RETAIL CEREAL MALT BEVERAGES

SHAWNEE COUNTY, KANSAS JM , 20~ I'> I _TO THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS.

On behalf of the ~ 1YD b.t\i lr'IL . corporation wlwse principal place of business is 3wD3 1\IW Lf(pt>J si., Tipe.Ke , 10? l.DU,(pi~ and under authority of the resolution of the Board of Directors of said corporation, I hereby apply for a license to sell retail cereal malt beverages in confonnity wilh tiJe laws of 1/Je State of Kansas and tiJe rules and regulations prescribed and hereafter to be prescribed by you relating to the sale or distribution of cereal malt beverages on behalf of said corporation; for the putpose of securing such license, I mal<e the following statements under oath:

1.

Ocd I, 19%

If incorporated in Kansas, a copy of the Articles of Incorporation is on file with the Secretary of State. Yes('){) No ( ). The following is the full and complete list of officers, directors and stocl<holders owning in the aggregate more than 25 percent of corporate stock. together with their positions and addresses, ages and dates of birth.

3. The }.'remises for which the license is desired are located at 31.03 rJ w 4&.,., s:f ' 7Doe Ka.' Ks /p(LJipl g (a) The tcf"al description is cf t~~ises is ..;..

Lv+ _ 13/oc.t<. A /Do~ Sui, '':2 (b) The street numbl'r is

N W L/(e+i'l >t · (c) The building is described as

The corporate business under the license will be conducted in the name oft orporation or in the following name·

L·

5. I hereby certify with regard to each of the persons named in number 2 above the following statements are true: (a) None of them has within the last two years from this date been convicted of

(1) A felony (2) A crime involving moral turpitude (3) Drunkenness (4) Driving a motor vehicle while under the influence of

intoxicating liquor (5) Violation of any state or federal intoxicating liquor law If any of the above have been convicted of any of the above specified offenses, the details are set out hereinafter.

(b) No manager, officer or director or any stockholder owning in the aggregate more than 25% of the stock of the corporation has been an officer, manager or director, or a stockholder owning in the aggregate more than 25% of the stock of a Corporation which·

(1) has had a retailer's license revoked under K.SA 41-2708 and amendments thereto: or (2) has been convicted of a violation of The Drinking Establishment Act or the Cereal Malt Beverage Laws of the State.

The place of business will be conducted by the following manager(s): Name le.u, t\n.i f\C.S

Residence Address 'J'H ~ fl:.roni "'D JJ-oJ ,/q;.ei:L!, 10· Lowi.JIS

Date of birth_...J'i'u/Jlt.uffii:l-l2_ ___________ _

I hereby certify that with regard to this above-named manager the statement contained in number 5 above is in every respect true. If not, the details are set out hereinafter

7. This application is for a license to retail cereal malt beverages for consumption on the premises ( ). For a license to retail cereal malt beverages in original and unopened containers and not for consumption on the premises. 0)

8. Applicant~ c:n,.iol roo.,...,dh,

number_

(Name and position with corporation) plicant, hereby agree to comply with all laws of the State of Kansas, and all rules and regulations prescribed and hereafter

to be prescribed by you, relati g to the sale and distribution of cereal malt beverages, and do hereby agree to purchase all cereal malt beverages from a wholesaler, licensed and bonded under the laws of the State of Kansas, and do hereby further consent to the immediate revocation of the cereal malt beverage license issued pursuant to this application by the proper officials for the violation of any such laws, rules or regulations.

(Corporate Seal)

// .. ,·"' STATEtOF KANSAS, COUNTY OF SHAWNEE, ss.

----------------------------------------------ofthe.~--~------~-------------------------------(Signature and official position) (Name of corporation) solemnly swear that I have read the contents of this application, and that all information and answers herein contained are complete and true. So help me God. (Signature and official position)

SUBSCRIBED AND SWORN TO before me thisb~'''c day of iff~·· f : i!/i~:::;::d'.. D. 20/§ C~aracter of offip~l admimstenng oath· , ,~,L,~ KLJ<u 1

My commission expires on.:212_ day of [J/0{/elflf:H'r ./ ·, A.t:l ~ t

APPLICATION APPROVED this ______ day of ·A.D. 20 r ... -_.., __ .,.__,.. 1

By . Chair--Board of County Commissioners of Shawnee County, Kans II')... .. IJJ t. 'D/\.J.JOI\IES

""15 ·· f\htc"•' Ptlhllc A License fee of$_.., __ , __ is enclosed herewith. r-t '1

_ --'' ,1 • , • - ,r. "o · . :~nsa .. , .I ,v;

My ,L\f.1pointmPr ,t bpir8> Lui!..y::_!Q's-1.· 1:--~-..... ~'f.....,."""\" -- -;· -·. r •• --- -r-~ .

RESOLUTION NO. !J.p \!) -'\,3





Petro Deli Inc. 3603 NW 461

h Street Topeka, Kansas


ATTEST:

Cynthia A. Beck, County Clerk


Chair

Vice-Chair

Member


Fee, $275.00 RETAIL No. 2016-3




License is hereby granted to Petro Deli Inc. to sell at retail in original & unopened containers and not for consumption on the premises at 3603 NW 461

h Street, Topeka, Kansas in the Township of Soldier in Shawnee County, Kansas

Application therefor, on file in the office of the County Clerk of said County, having been approved by the governing body ofsaid Township, as provided by the Laws of Kansas, and the regulations of the Board of County Commissioners.

This license will expire December 31, 2016, unless sooner revoked, is not transferable, nor will any refund of the fee be allowed thereon.

Done by the Board of County Commissioners of Shawnee County, Kansas, This __ day of , 2015.

Attest: ---------------Cynthia A. Beck Shawnee County Clerk

Kevin J. Cook Chair


***Kansas Sales Tax Number: (Firm, Copartnership, or Association application)

APPLICATION FOR LICENSE TO RETAIL CEREAL MALT BEVERAGES SHAWNEE COUNTY, KANSAS, JO{ q , 20~

TO THE B00RD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS. I -:r 0 HIll fJ\ BE. 1V 5()1 r . . ' on behalf of a firm, partnership or assOci<!tion (Circle the proper one) known as Bf;IJ.\(J/J tte)6(.!J% L--L-G ·

:tofltif roo. G ~v hereby apply for a license to retail cereal malt beverages in conformity with the laws of the State of Kansas, and the rules and regulations prescribed, and hereafter to be prescribed to you, relating to the sale or distribution of cereal malt beverage; and for the purpose of securing such license, I make the following statements under oath:

1. The firm. copartnership, or association is made up of the following persons whose names, residences, ages, dates of birth, places of birth, methods of obtaining United States citizenship with the date and place of naturalization, if that is the basis of citizenship, together witll the length of each person's residence within the State of Kansas and the city or county to which this application is being made, are set forth below

2.

3.

f fiJI F' B~N JotJ

I hereby certify that with regard to each of the abov~ named persons the following statements are true: None of them has within the last two years from this date been convicted of: (a) A felony (b) A crime involving moral turpitude (c) Drunkenness (d) Driving a motor vehicle while under the influence

of intoxicating liquors (e) Violation of any state or federal intoxicating liquor

law If any of the above have been convicted of any of the above-specified offenses, the details are set out hereinafter. (a) The premises for which the license is desired are

located at Sf'l2. [- Top6 lt.i[. ~'!LV(}

. (b) The legal description of the premiSJ:!S is ,1 . J-.o·c J, 4J,? PnuLtAJt [u•lJ 1/tV'Utt'il !:ITAJtVAJit

(c) The street and number is ~e.1:1. r- Top.gt fl. 10

(d) The building is described as

(e) The business 'jl(ill. be conducted under the name of Tolilto· t:iJC',§ C;,N f£1'1-;

(f) The place of business will be conducted by the following manager, If not by one o::e firm, partnership, or association members _,_1{_'-J(J'-'J!l"----------

(g) Said ma;rger's place and date of birth

(h) Said manager's residence in the State of Kansas in N I tO· County and in the City of

r are as follows:

(I) Said manager is a citizen of the United States by birth ( ), naturalization ( ), is not a citizen ( ). If a naturalized citizen, his place and date of naturalization are

10 U) Said manager has not been convicted of any of the

crimes specified in number 2 above ( ). If he has, the details are as follows:

---------- ·--·------

ft l.l.- S- TopG/L+

This application is for a license to retail cereal malt beverages for consumption on the premises ( ). For a license to retail cereal malt beverages in original and unopened containers and not for consumption on the premises ( ).

6. Applicants Social Security Number

"' )-1 M. 86flllorJ I, \l {) fl:, , one of the partners ( ), association ( ), or firm members ( ), applying for the above-named license to retail cereal malt beverages hereby agree to comply with all the laws of the State of Kansas, and all rules and regulations prescribed, and hereafter to be prescribed by you, relating to the sale or distribution of cereal malt beverages, and do hereby agree to purchese a!! cereal malt beverages from a who!esaler, !icensed and bonded under the laws C'f the State of Kansas, do hereby further consent to the immediate revocation of the cereal malt beverage retail license, if a , issued ursu to this application by the proper officials, for the violation of any such laws, rules or regulations.

STATE OF !5JINSAS, COUN"[_Y OF SHf.WNEE, SS. jJ //' 1. -40 /i ,1! 1-0 t5t9J 4 ~" (..Hu cr 1/

of the {o Nt/-i' FbofJ C,.{Ni&f'v (Signature and official position) , do

(Name of firm, copartnership, or association) • solemnly swear that I have read the con nts • this · lion, and that all information and answers heticoQiiiJi~ & W'"l!llilliland ,, true So help me God. "-" I W NC"-v Notary Public

(Signa u and official position) State of Kans~s~

SUBSCRIBED AND SWORN TO before me this q day of ~~ c)_Q ~ ~~ ;::::>.._.., ~ ~ . ,~ ,, ~ (Character of official adminis~rg oath)

My commission expires on the / day of '-.._)-----.._.., ._..._ -.... 0

\. 't) APPLICATION APPROVED this day of-------------~----------

By-----------------,.-- Chair--Board of County Comm1ss1oners of Shawnee County, Kansas License fee of$ ?-.lr ~ is enclosed herewith

t

RESOLUTION NO. ~5 -ctl{





John's Food Center 5812 South Topeka Boulevard

Topeka, Kansas


ATTEST:

Cynthia A Beck, County Clerk


Chair

Vice-Chair

Member


Fee, $275.00 RETAIL No. 2016-1




License is hereby granted to John's Food Center to sell at retail in original & unopened containers and not for consumption on the premises at 5812 South Topeka Boulevard, Topeka, Kansas in the Township ofTopeka in Shawnee County, Kansas

Application therefor, on file in the office of the County Clerk of said County, having been approved by the governing body of said Township, as provided by the Laws of Kansas, and the regulations of the Board of County Commissioners.

will expire December 31, 2016, unless sooner revoked, is not transferable, nor will any refund of the fee be allowed thereon.

Done by the Board of County Commissioners of Shawnee Count)! Kansas, This __ day of __ -~ __ , 2015.

Attest: --------:----------Cynthia A. Beck Shawnee County Clerk

Kevin J. Cook Chair


CATHY S. LEONHART Court Administrator

TO:

FROM:

RE:

DATE:

DISTRICT COURT Shawnee County Courthouse

200 S.E. 7th, Suite 406 Topeka, Kansas 66603 (785) 233-8200 Ext. 4018

Fax (785) 251-4917

Commissioner Cook Commissioner Buhler Commissioner Archer

Cathy Leonh~

IF AX proposal

November 4, 2015

LEE LEGAULT Administrative Assistant

CAROL BAUSCH Jury Coordinator

The attached proposal has been reviewed with Betty Greiner and Bill Kroll. This solution should provide increased efficiency in people finding their way to courtrooms without having paper signs and lists posted on every floor.

The first phase will cost $19,868.51 for the hardware and software, and an additional $1000.00 for support. We would ask to encumber this amount from the current Court budget.

Thank you for considering this purchase.

Cathy Leonhart Court Administrator

CSL/11

STEPHANIE A THEEL Director

MEMO

KANSAS DISTRICT COURT Shawnee County Courthouse

Department of Court Technology 200 SE 7th Street, Suite 305 Topeka, Kansas 66603-3922

Phone: (785) 251-4415 Fax: (785) 251-4962

To: Cathy Leonhart, Court Administrator

From: Stephanie Theel, Director-~ Court Information Syste~

Date: September 6, 2015

Re: Digital Display System

APRIL EASTON DBA/RHEL System Admin

As you know it has been in the court's strategic plan to install a digital display system throughout the courthouse. The objective is to create an efficient wayfinding and notification scheme to streamline patron traffic and reduce staff demand of creating and manually posting paper dockets throughout the building.

I have attached a proposal that would start a multi-phased approach to installing a digital display system throughout the building and meet the objective ofthe court. The solution would be a comprehensive display system that is easily maintained by the courts users and would seamlessly integrate the court's case management system to post dockets electronically, thereby notifying the court's customers of when and what room their hearing is located.

The overall project would be in 3 (three) phases: Phase I: Install initial4 (four) monitor display system in the first floor lobby of the

courthouse at the bank of elevators that will display general communications and dockets.

Phase II: Install4 (four) monitor displays on each of the other floor lobby at the bank of elevators.

Phase III: Install smaller displays outside each courtroom.

Additional work beyond the initial3 (three) phases would include multilingual kiosks, public access assistance, and other tools to streamline the judicial processes as the court deems necessary.

Byproducts of this type of system are: • Reduction of dependency on courthouse security by giving the officers the option of

directing a person to the digitized information. ·

• Increase in patron experience by allowing a person to locate their name within 60 seconds and proceed to their location without searching through stacks of paper copies of dockets.

• Create a more professional and dignified appearance to the public.

At the conclusion of the phases, the court could see an increase in productivity of 1 0 (staff) hours each week and a reduction in interruption of staff physically posting signs throughout the courthouse.

The cost of the initial phase is $19,868.51 and yearly support of approximately $1,000 per year. Subsequent phases would be in the range of $20,000 to $30,000 each depending on the time of execution of the phase and the cost of materials.

I would like to request to proceed with this project and invest in the initial phase of implementing a digital display system for the court.

Thank you for your consideration in this matter.

Approved:~~( Cathy Leonhart, Court Administrator

Note: Conceptual images are for illustrative

purposes only. Equipment pictured may not

be shown to precise scale and will most likely

differ in appearance to actua l final installation.

Shawnee County Courthouse DocketCall

www.Co urtSight. com

[email protected]

770-209-9925

- -------------~--------------------------~-----~---- ~-9----~ ·----

IN FAX .,., "CourtSight

· SUITE

SOLE SOURCE AUTHORIZATION FORM

INSTRUCTIONS: Submit form in duplicate to: Shawnee County, Audit-Finance and Purchasing, 200 SE 7th, Room 201, Shawnee County Courthouse, Topeka, Kansas 66603

Vendor: :S::. ~U....)C Address:L-f.;1.50 R_,·~&~ ((o...V"\c:..L.c,)o..y ~"t. 0

D (..A.. l u... -t'v\ ' Ge.o V"'5 ; " 3o 0 9LP

Has the vendor ever been an employee of the Shawnee County? Yes please explain the nature of the employment and period of service.

1. Description of Material or Service:

No___K__ If yes,

-LV'"'~ c...~ Co~ S: ') "'-'r S ~. r e. S'-7 s t ~........, - s «...4- ex H . ~ ct e... or~ '"'-:S oJ..o ~s c..~ .. p-t~ -o ~ L..Lu::...tv-().,... ~ <.. Uoc:;...lc:....c..:t 0 •' spt ')

2. Explain why the recommended vendor is the only one qualified to provide the requested services at the exclusion of all others, i.e., what makes this vendor uniquely qualified?

G.\?", l; t\ to ~ lfl-1-<a.v- '-~t_.c_. LJ..)) +'h ~I C4.s-..-~c.~ :so~+VJC&.....r<'..L..-t...~.\l'~4\...1 I.A..S-c.......l b-ot Cou..r"i-

3. Describe the research that has been completed to insure that no other competition exists (nature of work to be completed, names of vendors contacted who are unable to perform service, etc.):

4. Have you requested an agency contract with the vendor at any time during the past twelve months? Yes No .>a If yes, please explain the nature of the service and the amount agreed to be paid.

DEPARTMENT USE ONLY

Department Name :V; s\y-'. ~+ ~'->...JJ' t- Telephone: '-tO l 7

Agency Approval~~ &.c:2Jm:11 .Date: 1~.2('/S (Signature and Title)

AUDIT-FINANCE PURCHASING USE ONLY

(Revised 4/2/12)

4250 River Green Parkway · Suite D Duluth, Georgia 30096

February 14, 2014

Mrs. Stephanie Theel Shawnee County Courthouse 200SE ih Street Topeka, KS 66603

Dear Mrs. Theel:

This letter shall serve as official notification that lnfax, Inc. is the sole provider of the software, hardware and system support for the lnfax CourtSight Suite System. In addition, the lnfax CourtSight Suite System interfaces with the JSI system in a customized, proprietary manner.

lnfax, Inc. is the sole source for all the CourtSight Suite hardware as it is provided with lnfax Application Software that enables it to operate successfully and interface with the JSI system.

Sincerely,

David Michael Davis President

DMD/MA

tel: 770-209-9925 I fax: 770-209-0671 I email: [email protected] I web: www.Infax.com

~-,-:'f:"t\"2-~i~{af~~

IN FAX

October 5, 2015

Mrs. Stephanie Theel Shawnee County Courthouse 200 SE 71h Street Topeka, KS 66603

RE: Price Quotation for an Electronic Docket Display System

VIA EMAIL: [email protected]

Dear Mrs. Theel:

PRICE QUOTATION

lnfax, Inc. is pleased to offer this price quotation for an Electronic Docket Display System (CourtSight) for the Shawnee County Courthouse. We appreciate your interest in our CourtSight Suite and look forward to working with you on this project.

If you would like to purchase this system as quoted, please provide lnfax with a purchase order. Please note that this quotation will expire on November 51h, 2015. Please contact me if you have any questions or concerns.

Sincerely,

Danielle Chilton Judicial Sales Account Executive (678) 533-4027 DChilton@infax. com /DC

. (770) 209'"9925 • fax: (770) 209-0671 • email: [email protected] www.lnfax.com

PRICE QUOTATION

Shawnee County Courthouse Electronic Docket and Information Display System Scope of Work

SHAWNEE COUNTY CONTRACT # C.~-~\5

lnfax, Inc. will provide the following equipment and services for this project:

• Provide, configure and install CourtSight Professional license. • Provide, configure and install lnfax CourtSight® Suite DocketCall® and Engage modules.

• Provide, configure, deliver and install Microsoft SQL 2012 on court provided server. • Provide and deliver four (4) 43-inch Commercial flat panel LED monitors.

• Provide and deliver four (4) flat wall-mount brackets for the 43-inch LEOs.

• Provide and deliver four (4) Digital Display controllers for 43-inch LEOs.

• Provide standard ground freight and insurance for product delivery to one (1) project site.

• Provide all lnfax labor for remote product installation.

• Provide all lnfax project management from conception to close. • Provide user and administrator remote training. • Basic one year support agreement.

• Sales and use tax.

Total Base Price including discount: $ 19,868.51

• Total base price includes an lnfax one year basic system support agreement. • Optional agreements are detailed on the attachment. • lnfax provided hardware will be covered under the manufacturer's warranty.

Locations:

Shawnee County Courthouse 200 SE 7th Street Topeka, KS 66603

(770) 209-9925 fax: (770) 209-0671 email: [email protected] • www.lnfax.com

PRICE QUOTATION

Terms & Conditions:

• Quotation valid for 30 days • Quotation is subject to change based on any modifications to the scope of work • Payment terms Net 30 days from shipment • Hardware and software to be invoiced as shipped • Installation will be invoiced upon completion or monthly • Purchaser responsible for all shipping costs • Shipping to one (1) location only • Hardware availability from suppliers is valid for 60-90 days after receipt of order • Total base price includes an lnfax basic system support agreement, which starts 90 days after

system acceptance; first 90 days are provided at no charge • Content licenses are valid for the duration of the initial system support • Court is responsible for providing data from the case management system • CourtSight System requires each monitor location to have CAT5 or CAT6 network and power

connectivity • lnfax requires VPN Access to the court's network to provide support for the CourtSight system • CourtSight Suite system will reside on the courts existing network • lnfax provided hardware will be covered under the manufacturer's standard warranty • All installations will be scheduled in advance and with consent of client (if applicable) • Additional trip charges will apply if installation locations are not ready when installer arrives (if

applicable) • It is the client's responsibility to ensure that all client provided hardware meets alllnfax hardware

requirements. • Client provided hardware will not be supported by lnfax. • Client provided monitors will require an lnfax provided controller.

Exclusions:

• Server rack • Server rack enclosure • Server • On-site monitor installation • Monitor enclosures • Wireless adapters • Custom millwork or cabinetry including free standing structure and framework • Electrical, conduit and data cabling • Floor fastening, concrete anchors & anchoring bolts • Payment and Performance Bond • Removal of any items prohibiting monitor installation • Union subcontractors • Applicable sales and use tax • Additional locations other than listed • Additional content licenses other than listed • Language translation of external websites

_ (770) 209-9925 fax: (770) 209-0671 email: [email protected] www.lnfax.com

Shawnee County Courthouse 200 SE 7th Street Topeka, KS 66603

COURTSIGHT SOFTWARE

COURTSIGHT HARDWARE

IN FAX SERVICES

QrY ~ DESCRIPTION

CourtSight Professional License

.A ;, CourtSight Software

· 4 ; CourtSight Flat Panel Configuration ,;'·

4 CourtSight End Point License

~.11 ·~. •, Microsoft SQL 2012 ~- .- ·: . ·.~

4 ,. ·: 43-inch Commercial LED Monitors ' ' . ~ • '-l

· 4 ~ ~- ' Wall mount bracket for 43-inch LED ·.· 4 · .. . Digital Display Controller for 43-inch LED

':f1'·s-,..- Project Management ?,;'. oq ,$ ' ~

·- ~,1

:i1, .:.i One-Year Basic System Support

· ·1 ·J Standard Ground Freight and Insurance

'1 " Remote Software Installation

PRICE QUOTATION

UNIT PRICE

$5,500.00

$2,250.00

$150.00

$150.00

$2,125.00

$600.00

$75.00

$600.00

$1,800.00

$1,000.00

$133.51

$760.00

TOTAL PRICING INCLUDING DISCOUNT ··

Thank you for your business!

. (770) 209-9925 • fax: (770) 209-0671 , email : [email protected] • www.lnfax.com ' '

. Unlimited telephone Unlimited telephone • As needed support 24 hours a day, support during 7daysaweek normal work hours

(9AM - SPM EST)

Diagnostic tests performed . Diagnostic tests performed . Not Covered and repairs applied and repairs applied

. Report provided . Report provided

. Latest lnfax software updated as released

• Ten (10) pages a year. . Five (5) page a year. . None

(One design w1th up (One design with up

to two revis1o ns) to two revisions)

. Diagnostic tests performed . Diagnostic tests performed . None

. If repair or replacement . If repair or replacement required, hardware will be required, hardware will be covered by manufacturer's covered by manufacturer's warranty warranty

Remote access required . Telephone diagnosis • $250.00 per hour

. Initial diagnosis done via of problem with • Two hour minimum remote connection

customer staff . Billed in half hour NO CHARGE for site visit

. If remote access available, increments after if required

repair done through the first two hours

remote connection . Two hour response time . Normal business . If not available. fi x emailed hours only

to customer staff . If no customer staff . separate price quote wi ll be given for a site visit . Four hour response time

. lnfax will host a website to • This option is not This option is not display the same docket available with a available with no information displayed locally. Basic system system support Customer is responsible for support agreement agreement obtaining domain name and providing internet connectivity to allow data to be sent to In fax servers

Agreement Term: Agreement Term: Agreement Term:

One year ............... $1 ,900.00 One year ............... $1 ,000.00 See Above Three year ............. $1,520.00 Three year ............ $800.00

billed annually or one-time billed annually or one-time

payment of $4,275.00 payment of $2,250.00 Five year ............... $1,425.00 Five year ............... $750.00

billed annually or one-time billed annually or one-time

payment of $6,650.00 payment of $3,500.00 t-:rnn::

TO:

FROM:

DATE:

RE:

Shawnee County

Department of Corrections 501 S.E. 8th Street - Topeka. Kansas 66607

Brian W. Cole, Director

Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4924 Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963 Corrections Annex- 818 SE Adams- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4930

Board of County Commissioners

Brian W. Cole, Director f;,.t-

October 29, 2015

Request for Approval of Cable Television Renewal Agreement

I am requesting approval of the attached renewal agreements with Cox Business for the provision of basic cable television services for inmates within each of the department's three facilities. The original agreement with Cox was entered into in 2009, for a three year term. These agreements renew the relationship for another 36 months, to maximize savings in monthly service fees.

The total monthly service fee under these renewal agreements is $309.15. Funds are available within the inmate commissary account (29JCOOO 213000000) for this monthly fee. The agreements have been approved by the County Counselor's office as to form and legality.

I will be happy to answer any questions you may have.

BWC:tp

cc: Betty Greiner, Financial Administrator Richard Eckert, County Counselor Timothy Phelps, Deputy Director

cox· _u-;

Business'"

/

SHAWNEE COUNT't CONTRACT #:C44;\ -~0\5 Commercial Services Agreement

9/23/2015

I Cox Account Rep: Jason Sullivan ... Tc~;·Svstem Address:

LPhone Number: 316260-_:_7::._32::_1o_ _________________ I!-'9:.::0__,1__,G:::e:.::occrg,e:...W=a:::sh.:.:l:.:cng,t:::o:.:.n _____________________ __j 1

~' F=a~x=N=u~m=b=e=r=':;:====:::::=== ! Wl~HITA, KS 67211 --~ ~~=~~~=::::;::::~ Shawnee County Dept. of corrections , •• :,·. -~ :~~~c:::::~ Cw\tomer Rer;·'iuien~~~=::;:::;matic;,{; :-~~:~;~{·j_~:~ -""'--~ "--':":_,--'-'-';",:-"~~-~-'------~:--,-"~·Ar::':3---ll

I-'S:.:t::.;re:::e:::t~A:.:d:::d:::r:.::e:::s=-s:=----+5:::0:.:1:..:S:::E:__::BT::;H_:__:_A:.:V-=E---------------+I-=B.:.:il=li::.:n_,_g___:T:.::e:::le=-<p:.:h;,;O:.:.n:;:e:.:.: _______ ~~~-1-~Q_Q_Q_______ I

City/State/Zip; _________ !.::O:!P_,E:::K:::A:.c,_~K:::a.:.:n~sa~s'---"-66::_6:::0:::7:__ ____________ -i-'! F__,a:.::x:.:.'----------+-------------------1 Billing Address: 501 SE 8th Ave.; ATIN: Gara Larsen I Contact Number: 785-251-6628

[email protected] ~tate/Zip: Topeka, 66607 J Email Address:

Cox Account#: 580-0366112-02 ___________________________ j _________________ ~--:-:~---~--;:::-:-----:----:~:;:----:=::::::;::-:::-:;::;:::;:::::::~

1

-· -~-'------ T~~;;,;;;~-;;-·;,.;-,;-~.:;~-:-In:l;d;d- -:• : ··--·-~:__ _;_,, '', .:•: __ .. ; ___ · Service Description Prev New Unit Term Service Charo:es ~

QTY QTY Price (Months) Monthly Recurring One Time Activati·o· n &

Setup Fees fc;;-x-Busines~TV-Starter (Prim;;;). Out_l-e-t):-----------t---,-1--t------:----t-$-:-2::-3:-.-:-1:;9-t---::3:;6---t----$:--:2:--:3~.--:-19::-----11--,---------· -- -------------------------r--------t-----,--,--- ----!----:-:--+-----'-------+---------·---------·---·--·--· 1 Cox Business TV Starter (Additional Outlets) 27 --~-----22_89________ $$4

0 .. 00

00

___ M3-~M------ ____ $$1 01 2_0-00~ -----1,.

:- Cox Business Video Faith & Values Pak 0 1 I Ciii'·s-- s Mbp~ x 1 Mbps ---l--o--t--- $O.oo --~ $o.oo --- - ------------- --------I Analog Regen G-a-te-w--a'--y=-------- 0 I 1 $0.00 F1-M $0.00

- Cox Business Sulk Advanced TV 0 I 29 $0.00 M-M $0.00

Business TV Analog Regeneration 0 23 $1.99 ~1-M $45.77

- Cox Business Video Cable Card Service 0 6 $1.99 M-M $11.94

Video Installation Fee- Primary Outlet 0 $0.00 $0.00 I--:V-::i;__de-'-o'---:-ln-"s'-'t;__al::-la-"t,-io-n:--:F:-e'-'e---A-::d-:-d-::i:--:ti--'o'-na:--:I:--:OC'u:--:t-:-le--:t-;-(s---:)----------+---::o--t------:----t--:$::0:--:.0:::0::--t------I-·-------------------+----$_:_0:-.-::0:CO------j

All Digital Account 0 $0.00 $0.00

Current Essential Acct Outlets-Free DTAs for 12mos 0 $0.00 $0.00

r----------------------+----r--~---+----~------1------~

1-------------------------------------------------·--·--· -----------------------··-------1--------1

---------------~--------------------------. ---~-c-:----' ....

Promotion Details --'--'~--'-'-----'--'--'-'-~'~'--'-'~----- .... ·-'·::··....::, -The Digital Adapters noted on this agreement will be provided at no charge for 12 months. After the promotional offer expires the monthly lease fee of $1.99 per Digital Adapter will apply.

-- .... ------------------------------------------·-·------------------------------------------------1 By signing this Agreement, you represent that you are the authorized Customer representative and the Information above is true and correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the •service Terms") and any other terms and conditions applicable to the Services set forth above, Including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/pollcies/business-general-terms.cox, and the Cox Acceptable Use Policy (the 'AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement Is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to Installation of Services or If Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. 'Acceptance• of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (II) Cox's Installation of Service at Customer's location. If Customer cancels this Agreement prior to Installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures In Section 2 of the Service Terms.

Customer Authorized Signature

Signature: Signature: I ~ L./ ~

7/14/2014 Page 1 : 12:08:37 PM

This "Agreement" includes the terms and conditions (i) on the previous page or, If in the Cox Business e-commerce environment, as selected above (the "Cover Page"); (ii) on this page, including without limitation all policies and terms incorporated into this page (the "Service Terms"); and (iii) set forth at http://ww2.cox.com/aboutus/policies/business-qeneral-terms.cox (the "General Terms"). 1. Tariffs/Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.cox.com/business/voice/regulatory.cox and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees Include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http://ww2.cox.com/business/voice/regulatory.cox. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE lAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN lAD, ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR lAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR lAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR lAD INSTALLED IN YOUR BUSINESS IS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. 3. Service Start Date and Term This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox (as such term Is defined on the Cover Page). The "Initial Term" shall begin upon installation of Service and shall continue for the applicable Tenm commitment set forth on the Cover Page. However, if Customer delays installation or Is not ready to receive Services on the agreed-upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent ( 10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox}, unless otherwise expressly stated in the General Terms,

Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid} and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. 5. Payment Customer shall pay Cox all monthly recurring charges ("MRCs") and all non-recurring charges ("NRCs"), if any, by the due date on the invoice. Any amount not received by the due date shown on the applicable invoice will be subject to interest or a late charge no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to Customer's breach, or if Customer fails to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated this Agreement and will be obligated to pay the termination fee described above. If applicable to the Service, Customer shall pay sales, use, gross receipts, and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer with the Services identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http:/{ww2.cox.com/aboutus/policies/business-pollcjes.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate Customers If Customer is an educational institution, library or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Tenms will apply, in addition to all other terms and conditions of this Agreement. 8. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license.

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 HEREIN CONTROLLING PROVISIONS. It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the tenns of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. AGREEMENT WITH 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 counrry. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TER.I\1INATION DUE TO LACK OF FUNDING APPROPRIATION. 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 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 tenninated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal 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. DISCLAIMER OF LIAB!UTY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnify any contractor for any liability whatsoever.

5. ANl'l-DJSCRIMINAT!ON CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1 !II 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 ancesrry, or age in the admission of access to or treatment or emp10)111e:tlt 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.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; (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 detennines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) 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 uot 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 conlrac1 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 Counnissioners of the County of Shawnee, Kansas.

7. ARBITRATION, DAMAGES, WARRANTfES. Notwithstanding any language to the contrary, no interpretation shall be allowed to fmd tl1e County bas agreed to binding arbitratjon, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attomey fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

8. REPRESENTATIVE'S AUHIORITY TO CONTRACT. 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 contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY .FOR TAXES. 'The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract

10. INSURANCE. 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-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 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.

TO I By:

Title:

Date:

BOARI> OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Date:

ATTEST:

Cynthia A Beck, Shawnee Cmmty Clerk

Commercial Services Agreement 9/23/2015

,-·-:---.-.. -.. -. ----. --· - ·-·- -·----·-···-·--:----,----=-...,.-r---:--,......--,'7".,.·-:~-----.-~-~-=---,c-=co-

~::~~:~;~;;:~ .· Shawnee county Dep~.;~f corr~~ion-s-~~~-'-"'--'----+ ~:~~":::~ CuftO"mer::ii~i);~~it~a~=:a~::matlc>n_~~::~i}::_~ ~~-~::. ··---· ' ··1 l-'S"'t,~r::e::et=A:::d:::d,_re::s:cs:::: ___ 4 :::40"-1 SE 8TH AVE , Billing Telephone: 785-291-5000 _j

City/State/Zip: TOPEKA, Kansas 66607 i Fax: I ~~~~gAddress: ----fs~-O~l~S2E~8~T~H~A~V'-E";~A~TT~N'-:~G"a~r:::a~L~a~rs:::e~n~--------+C~o~n~t~a~c~t~N~u:::m~b~e,_r:~-----+7~8:::5~-~2~5~1-~6~6~2::B ________________________ ~

rC=i=ty"/'-'S"-ta"'-'t"'e,__/=Z'=-<.P:.c'----t_lQ~~JI,_6_6:;.:::.60:::.7c _____________________ --f-"E'-"m'-"a~i,_I'-A:::d::d~re::S:cS::::c_ ______ ..L.li!g::a~ra,_,.:;:la~rs:::o~n~@>;::s,_n::;C::O::.U::S~----------------j~

Cox ___ A_c_c_o~.!..i!'.~'-·-----' __ '-'5~8-'0--0'-'_s'-':-=~~7=-9~=---'0::1:::_:_-___ _ ____ _ -----·-:::_-:::=-::~===-:==':::::;::===::::;::-:;:-::::-::-: __ ----------- I _____ --------------------------------,-T'-'."=-"-=""=-; ..:.~''-'""-d-TF-="""=-:..:N<>.;:.t=.l"'r'-'.~r'-h::.:·"c.cl':'-'';:'.._, ·_· --r-~ ·.

Service Description Prev New Unit Term Service Charges ~ QTY QTY Price (Months} Monthly Recurring One Time Activation &j

Setup Fees ' Cox Bu-~~-n_e--~-s'!Y~!~rter (Primary O-ut"'le-ct::-)---------------l-----+----+--:-:-c:---:-+---:3-:6--l-----$.,-23".-1-9:- . -· ··--' ------------------ ------······-·-j ~ox Business TV Starter (Additional Outlets) 36 $36.00 ___ j - Cox Business Video Faith & Values Pak ----------------------+-~-----1------t---'-- M·M $0.00 -~

CBI 5 - 5 11bps x 1 1>1bp:____ M-f4 $0.00 -- [

Analog Regen Gateway [>Hl 1;0.00 I - Cox Business Bulk Advanced TV M-M $0 00 ~;;,~VA~;!o!JR~-~g-en_e_.r·a--,li-o~n-------------------+---" -:---i---~~-+---:M:-·-:M:---i----~$~7-::9:-6:------lr-------------~ r-::--C-o-x B-u-si-n-es-; Video Cable Card Service ------------+--:'----t---:----t-~"-:-:--I----:14·:-_M----I-----'$'-1-'1. .... 9_4 ____ +-------------i

-----·-------------·-:c-,-·-----=-:-:-:---------t-----:---+---t-----,-:-:-:--+-----1-------+----:--:-c:-:---t ,v~~~-~ation~e-~~aryOutlcl ----------------+-----+-~---l-~-----t----+--------------+----~$_0_~_0 _____ -t jvldeo Installati~~e.:_- Additl_?~al Ou~e_t~(s-'i ______________ +-·----- $0.00 [All Digital Account $0.00

~r~nt Essen~_i_~l ~~~ct Outl~~~.-.. ~.:~e DTAs fo~ 12~,:;;~---------·- --r----~~-

l-- ·:~===~ ------· .. .. --~==-=·==--·-------1 --------------------+----~--------+------+-----+------------+--------------1------·---------- ! r··---

--1----1----1--------------------- ------·------~--·-·----·- ---·-------·-----------------------1-----t-----+------+------t------------+-----------------; iTotals: $79.09 $0.00 r-----:-·

I Unit Price

\... .. I I l ?;:;-.;-;-.;-·~~-a.;;~'in oedii;ated Service hdlitie$; '"-~- ,, '· . ' ---"'"--~-~ _·:.-.-' :,t :,·; " , , , •i.~!.rl.le nm · · · f ·'

For Dedicated Service Facilities (e.g. Private Line Type Services, Ethernet Serv·,, ,i·c~~)·--·--.~B--y·_,,_.~,n-,itialing here and signing below, ····--.::_~~ •• ,,,.,---,,,;,·-;-.. _---~- No - --:--, .• - j l-====::l.::C:_::u::_st:::o::.:_m~_r~-~~_=nts that at least 10% of the traffic on the designated circu~t(s) ~s I~ter-State in nature or is Internet traffic ..

·.J;.~·c h.<"' ·:i \_:,· . ; ·- ,•' _____ t:; ________ ;.;'...:~\·~'Y\-£~-:{·1~ c~~:,,·,,··i·, .: .. -·.• .... o .. :.-'_:~·' :~~~~;f,;·· ~,~.ir.. 1 '¥[ h

,,;;.,'""" .. ..,. , ' ~,"'ZJ7:-;:c:,ic_ '- . . "' ",, ' C~-'A'D.;;;.>;;. .,,,,, : .," , : .,. ' :· ;'· '. ' .,: :·,l -The Digital Adapters noted on this agreement will be provided at no charge for 12 months. After the promotional offer expires the monthly lease fee of $1.99 per Digital II

Adapter w;ll apply . . ------------- -·--··--··----------- --·----·------- ----------------------j By signing this Agreement, you represent that you are the authorized Customer representative and the Information above is true and correct. This Agreement binds Customer to· the terms and conditions attached to this Agreement (the 'Service Tenns") and any other terms and conditions applicable to the Services set forth above, lnduding without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox,com/aboutus/policies/buslness-general-terms.cox, and the Cox Acceptable Use Polley (the 'AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not lndude applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to Installation of Service by Cox, Customer shall be liable for Cox's costs Incurred. If Cox Equipment Is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disdosures in Section 2 of the Service Terms.

Customer Authorized Signature

Signature:

----------------------------------+~-Pr-in_t_:_ --------~~~~~-"-~~.---~~~~--~~~~=-----~~~ I Title Position: __ _:;£;~~~S::::::~~~d.l.('J._~~f-=~~(_{_'-r----~ j Date: ·--

Print:

Title Position:

L. 1Date: l------------~.s-to Legalii·y

and Form: Datotc;_:,....,.-:!.! ·/J 7,,_· .. ~--~. ~ -·""';'"""·· .. ,.~--...~-·~"'~'~""'· ~-l·--'~--~-~ .. ~:-~.-~:~-

'1""- ...... - '-- :.,_.,... • ~_,. \...,J· ~ •• r • ..; :....: - - - "'

7/l4i2014 Page 1 : 12:17:53 PM

This "Agreement" includes the terms and conditions (i) on the previous page or, if in the Cox Business e-commerce environment, as selected above (the "Cover Page"); (ii) on this page, including without limitation all policies and terms incorporated into this page (the "Service Terms"); and (iii) set forth at http://ww2.cox.com/aboutus/policies/busjness-general-terms.cox (the "General Terms"). 1. Tariffs/Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service Is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2 .cox. com/business/voice/regulatory. cox and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The .tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http://ww2.cox.com/business/voice/regulatory cox. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE !AD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN lAD, ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR !AD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR lAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR lAD INSTALLED IN YOUR BUSINESS IS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. 3. Service Start Date and Term This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox (as such term is defined on the Cover Page). The "Initial Term" shall begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed-upon installation date, Cox may begin billing for Services on the date Services would have been Installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth. in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms,

Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. 5. Payment Customer shall pay Cox all monthly recurring charges C'MRCs") and all non-recurring charges \'NRCs"), if any, by the due date on the invoice. Any amount not received by the due date shown on the applicable Invoice will be subject to interest or a late charge no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to Customer's breach, or if Customer fails to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated this Agreement and will be obligated to pay the termination fee described above. If applicable to the Service, Customer shall pay sales, use, gross receipts, and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer. with the Services Identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or Impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services In accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http://ww2.cox.com/aboutus/policies/business-policies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate Customers If Customer is an educational institution, library or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. 8. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license.

Rev. 09/20 13 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 pa1t thereof,

said contract being dated the ___ day of ---------' 20 __ .

I. TERMS HEREIN CONTROLLING l'ROVISIONS. It is expressly agreed that the tem1s of each and every provision in this attachment shall prevail and control over the tenns of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. AGREEMENT WITH KANSAS LAW. !t is agreed by and between the uodersigned 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 the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A.I0-1101 etseq. If, in thejudgrnentoftheFinancial Administrator, Audit-Finance Oftlce, sufficient funds are not appropriated to continue the function perf\llmed in this agreement and for the payment of the charges hereunder, County may tenninate this agreement at the end of its cunent 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. Jn the event this agreement is tenninated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal 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. DISCLAIMER OF LIABJLJTY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnify any contractor for any liability whatsoever.

5. ANTl·DlSCRIMINATION CLAUSE. The contractor agrees: (a) to comply with 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 th.e 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 advertisement~ for employees, the phrase "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 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 fouo.d 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 (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the Conoly. Parties to this contract uoderstand 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 Couoty 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, DAMAGES. WARRANTIES. Notwithstanding any language to the contrary, no interpretation shall be allowed to find ti1e 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, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

8. REPRESENTATIVE'S AUTI-IORITY TO CONTRACT. 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 contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY }<OR TAXES. '!be County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. INSURANCE. '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-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 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.



Date:

ATTEST:


cox. Commercial Services Agreement 10/11/2015

Busmess· I Cox Account Rep: I Jason Sullivan I Cox System Address:

! Phone Number: 3162607321 1901 George washington

Fax Number: I WICHITA KS 67211

Legal Company Name: Shawnee County Dept. of Corrections Full Name: Gara Larson

Street Address: S18 SE ADAMS ST Billing Telephone: 785-291-5000

City /State/Zip: TOPEKA, Kansas 66607 Fax:

Billing Address: Contact Number: 785-251·6628

City/State/Zip: Email Address: [email protected]

Cox Account #: 580-o707187-01

Service Description Prev New Unit Term (Months}

Service Charges QTY QTY Price Monthly Recurring One Time Activation &

Setup fees

Cox Business lV Starter (Primary Outlet) 1 $23.19 36 $23.19

Cox Business lV Starter (Additional Outlets) 5 2 $4.00 36 $8.00

- Cox Business Video Faith & Values Pak 0 3 $0.00 M-M $0.00 - Digital Adapter 0 $1.99 M·M $5.97

All Digital Account 0 $0.00 $0.00

Current Essential Acct Outlets-free DTAs for l2mos 0 $0.00 $0.00

Totals: $37.16 $0.00

I Description I Quantity I Unit Price I Total Fee

I I I I

I For Dedicated Service Facilities (e.g. Private Une Type Services, Ethernet Services). By Initialing here and signing below, I 1 Customer represents that at least 10% of the traffic on the designated circuit.(s) Is Inter-State In nature or Is Internet traffic.

s~";;iaii'llli:t:ir.'' ~· ;\ · ' ·

l!lerile~B II No

-The Digital Adapters noted on this agreement will be provided at no charge for 12 months. After the promotional offer expires the monthly lease fee of $1.99 per Digital Adapter will apply.

By signing this Agreement, you represent that you are the authorized Customer representative and the information above is true and correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other terms and conditions applicable to the Services set forth above, indudlng wlthou limitation, the Cox tariffs, Service Guides, State and federal regulations, the General Terms located at http://ww2.cox.com/aboutusfpolicies/business-generaH:erms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement Is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not lndude applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal Is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights In this Agreement, Cox may terminate this Agreement without liability at any time prior to Installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price Increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (I) Cox's countersignature of this Agreement o (ii) Cox's Installation of Service at Customer's location. If CUstomer cancels this Agreement prior to Installation of Service by Cox, Customer shall be liable for Cox's costs incurred. lf Cox Equipment Is not retumed to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures In Section 2 of the Service Terms.

Customer Authorized Signature Cox Commurn Kans_::c~x Kansas Telcom, LLC Signature

Signature: Signature: VY Dq") Print: Print:

Title Position: Title Position: ~J ill_ I iA!j ((_ f---------------·····---------------

Date: J l. II ')!{~ Date:

7/14/2014

Approved as to Legality and Fomo: Date v• ·tlf.~t.;

(t} -..,. . .._.,_ ...... ~-... ~ - -- .... .,, . _..-_ -~~-·-· -~-,... . . .

t-;..·.._._ '• ~i.......J. U\...rL:.~.._;,:_,,,

Page 1: 9:3!:36 P

. '

This "Agreement" includes the terms and conditions (i) on the previous page or, if in the Cox Business e-commerce environment, as selected above (the •cover Page"); (il) on this page, including without limitation all policies and terms incorporated Into this page (the "Service Terms"); and (iii) set forth at http://ww2.cox.com/aboutus/policles/business-generat-terms.cox (the "General Terms"). 1. Tariffs/Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State In which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service Is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http:/lww2.cox.com/buslness/yolce/~gulatorv.cox and which terms are Incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees Include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http:l/ww2.cox.com/businesslvoice/reoulatorv.cox. ONLY THE EMTA WILL HAVE BATIERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATIERY BACKUP FOR THE lAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATIERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN !AD, ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATIERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR lAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATIERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 DR E9ll, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR lAD OR IF CUSTOMER FAILS TO CHARGE THE BATIERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR lAD INSTALLED IN YOUR BUSINESS IS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. 3. Service Start Date and Term This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox (as such term is defined on the Cover Page). The "Initial Term" shall begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed-upon Installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays In meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs Incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARIY GIVES THE OTHER PARIY WRffiEN TERMINATION NOTICE AT LEAST THIRIY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate Increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms,

Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. 5. Payment Customer shall pay Cox all monthly recurring charges ("MRCs") and all non-recurring charges ("NRCs"), if any, by the due date on the invoice. Any amount not received by the due date shown on the applicable invoice will be subject to interest or a late charge no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to Customer's breach, or if Customer falls to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated this Agreement and will be obligated to pay the termination fee described above. If applicable to the Service, Customer shall pay sales, use, gross receipts, and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, Imposed on the use of the Services. Taxes will be separately stated on Customer's Invoice. No interest will be paid on deposits unless required by law. 6. service and Installation Cox shall provide Customer with the Services Identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer Is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not Interfere or impair the Cox network or Cox Equipment; (II) complies with the AUP; and (lli) Is In accordance with the terms and conditions of this Agreement. customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services In accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use· of the data, Internet, web conferenclng/web hosting Services shall be subject to the AUP at htto:llww2.cox.comtaboutus/poflcies/buslness-policies.cpx, which Is Incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate customers If Customer is an educational Institution, library or other entitY that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Ubraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. s. General Terms The General Terms are hereby incorporated Into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERlY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILIIY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages In a public performance of any copyrighted material contained In any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at customer's expense. The VIdeo Service that Cox provides under this Agreement does not Include a public performance license.

Rev. 09/20 J3 ATTACHMENT TO

SUA WNEE 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. TE!tl'I1S HEREIN CONTROLLING PROVISIONS. It is expressly agreed that the te1ms of each and every provision in this attachment shall prevail and control over the tenns of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. AGREEME:NT WITH 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 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 APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.SA 10-1101 et seq. If, in the judgment of the Financial

· Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function perfonned 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 cutxent fiscal year. In tl1e event this agreement is tennitJated pursuant to this paragraph, County will pay to the contractor all regular contractual pa}~nents incurred through the end of such "fiscal year. The tennination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LIABILJTY. Neither the County of Shawnee nor any department thereof shall hold hannless or indemnify any contTactor for any liability whatsoever.

5. ANTJ-DJSCRIMINATION CLAUSE. Th.e contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-111 I 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 odgin or ancesny, 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.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; (e) that a failure to comply with the reporting requirement~ of (c) above or if the contractor is found guilly of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitnte a breach of contract; (I) if the contracting agency detennines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract tmderstand 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 duting 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. DAMAGES. WARRANTIES. Notwithstanding any language to the contn1ry, no imerpretatiou shall be allowed to find t11e 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, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

8. REPRESENTATIVE'S AUTHORITY TO CONTRACT. 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 contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY .FOR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract

10. INSURANCE. 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-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 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.

TO (

By:

Title:

Date:

BOARD O.F COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin .T. Cook, Chair

Date:

ATfEST:

Cynthia A Beck, Shawnee County Clerk

·.

TO:

FROM:

DATE:

RE:

Shawnee County

Department of Corrections 501 S.E. 8th Street.- Topeka, Kansas 66607

Brian W. Cole, Director

Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4924 Youth Detention Facility -401 SE 8th- Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963 Corrections Annex- 818 SE Adams- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4930


Brian W. Cole, Director p·

October 29, 2015

Out-of-State Travel for Training

I am requesting approval for five staff with the Shawnee County Department of Corrections to attend the International Conference on Positive Behavior Support (PBS) in San Francisco, California March 23-26, 2016. Expenses associated with attending this training will be funded through grant funds from the Kansas Department of Corrections Juvenile Services Division Juvenile Detention Facility Fund.

All five of these staff are members of the Northeast Regional Collaboration, which is part of the Kansas Mental Health Positive Behavior Support organization conducting portions of this training. At this conference, our agency will be honored by having two of our members presenting a session, along with Johnson County staff and our consultants from the Kansas Institute of Positive Behavior Supports. All staff attending are long-term employees of the Shawnee County Department of Corrections.

The Shawnee County Juvenile Detention Center has an established Positive Behavior Supports Leadership Team that is working diligently to continue efforts to implement Positive Behavior Supports in the facility and all staff attending this conference are active participants of that leadership team.

This conference offers several courses on Positive Behavior Supports in Juvenile Justice Settings, Community Outreach in Juvenile Detention, Developing Social Skills in Unexpected Places, Strategies for Managing Challenging Behavior, Education and Mental Health, Behavior Tracking Tools to Support Data Collection, Successful Strategies of PBS for a School-wide Program in an Alternative Setting, Instruction and Management to Prevent the Use of Restraint and Seclusion according to regulations established in the State of Kansas, Crisis Management and Rethinking Restraint and Seclusion, and PBS in the Classroom. Additional sessions include Bullying Prevention Strategies for Non-responders to PBS and PBS Sustainability in Alternative Educational Settings. There are a few sessions on PBS in the home and community as well as sessions on how to sustain momentum and build stake holder involvement. One of the goals of the PBS Leadership Team is to improve service coordination across agencies. These sessions may help in our quest to improve communication, speak a common language and build a PBS system that will be sustainable and effective for the juveniles in our custody and as the juvenile's transition back to the community and the school system.

Positive Behavior Support (PBS) is a set of research-based strategies used to increase quality of life and decrease problem behavior by teaching new skills and making changes in a person's environment. PBS strategies are being implemented in school districts, mental health facilities and juvenile justice settings and are evidence based practices.

As noted, all travel and conference expenses will be paid through the Juvenile Detention Facility Fund (Account #29JC000-238000000). The estimated costs for the conference are approximately $6,000 for the five attendees, which include airfare (as quoted on October 29, 2015), room, meals, and registration fees.

I will be happy to answer any questions you may have.

Attachment

cc: Betty Greiner, Financial Administrator File

2 13th International Conference on Positive Behavior Support

Program Overview The Association for Positive Behavior Support's 13th International Conference on Positive Behavior Support will feature over 150 oral presentations, posters, preconference and skill-building workshops highlighting empirical findings, assessment and intervention methods, current topics, and other aspects of Positive Behavior Support. Presentations and workshops will focus on topics including:

School-Related • Academics • Individual Student Supports • Juvenile Justice • Middle and High School

Classrooms • School-wide Systems • District and State

Coordination of School-wide Systems

Cross-Area Issues • Multi-cultural • Families • Mental Health • Training • Ethics, Policy and

Best Practices in PBS • Research Topics and

Grant Writing

Developmental Disabilities/ Children and Adults at Risk • Autism Spectrum Disorder • Community • Early Childhood Intervention • Individual Supports • Positive Behavior Support for Adults

Up·to·date information at conference.apbs.org 3

Keynote Speaker Dean L. Fixsen, PhD Dean Fixsen, PhD, began his career in human services in 1963 as a Psychiatric Aide in a large state hospital for children with profound developmental delays. Fixsen received his doctorate in Experimental Psy

chology from the University of Kansas in 1970. He was Co-Director (with Montrose Wolf and Lonnie Phillips) of the research group that produced the Teaching-

. Family Model, an early version of an evidence-based program (over 48 years) and one of the few that has national certification standards for practitioners and for organizations using the Model. Fixsen is co-author of the highly regarded monograph, Implementation research: A synthesis

of the literature. He has served on numerous editorial boards and has advised federal, state, and local governments. Fixsen is a Senior Scientist at the Frank Porter Graham Child Development Institute, University of North Carolina at Chapel Hill; Co-Founder (with Karen Blase) of the National Implementation Research Network; Co-Director (with Barbara Sims, Karen Blase, Rob Horner, and George Sugai) of the State Implementation and Scaling up of Evidence-based Practices (SISEP) Center; Co-Founder (with Jennifer Schroeder) of the Global Implementation Initiative; and a member of the founding Board of Editors of the journal Implementation

Science. He has spent his career developing and implementing evidence-based programs, initiating and managing change processes in provider organizations and service delivery systems, and working with others to improve the lives of children, families, and adults.

Featured Speakers · Lucille Eber, Midwest PElS Network, Lombard, IL

· Robin Parks Ennis, University of Alabama at

Birmingham, Vestavia Hills, AL

• Sui Lin Goei, Windesheim University of Applied Sciences,

7be Netherlands • Rob Horner, University of Oregon, Eugene, OR • Rob and Lynn Koegel, University of California at

Santa Barbara, Santa Barbara, CA

·George Singer, University of California at Santa Barbara, Santa Barbara, CA


Schedule Wednesday, March 23,2016 11 a.m. - 6 p.m. Registration/Information

1 p.m. - 5 p.m.

5 p.m. - 6 p.m.

Pre-conference Workshops

Family Orientation

Thursday, March 24, 2016 7 a.m. - 6 p.m. Registration/Information

7 a.m. - 8 a.m. Family Orientation

7:30 a.m. - 5 p.m. Exhibits Open

8 a.m. -9:10a.m. Welcome/Opening/Keynote

9:30a.m.- 5:45 p.m. Breakout Sessions

12:15 p.m.- 1:30 p.m. Lunch on Your Own

6:30 p.m. - 8 p.m. Reception/Poster Session

Friday, March 25,2016 8 a.m. - 5 p.m. Registration/Information

8 a.m. - 4 p.m. Exhibits Open

8:30 a.m. - 4:45 p.m. Breakout Sessions

12:45 p.m. - 2 p.m. Lunch on Your Own

Saturday, March 26, 2016 8 a.m.- 10 a.m. Registration/Information

8:30 a.m. - 12:30 p.m. Half-day Workshops

8:30 a.m. -4:30p.m. Full-day Workshop

Agenda is subject to change.

All breakout sessions m·e scheduled for 75 minutes unless otherwise noted.

For complete registration information, online registration and printable copies of the registration

form, go to conference.apbs.org.

Up-to-date information at conference.apbs.org 5

Wednesday, March 23 Pre-conference Workshops APBS Skill-building Pre-conference Workshops will be held on Wednesday, March 23, from 1 p.m.- 5 p.m. These workshops are led by professionals who make significant contributions to the successful application of PBS. Please plan to arrive early and join us for these informative sessions! Space is limited and pre-registration is necessary to ensure you are able to attend the workshop of your choice.

SWK 101 -Taking a Walk Through a Classroom Coaching Guide Stephanie Martinez, Devon Minch, Kathy Christiansen

and Anna Winneker, University of South Florida, Tampa,FL

Participants will learn a process for coaching teachers to apply PBS principles within their classrooms. Utilizing case scenarios, participants will practice using a Classroom Coaching Guide. Electronic copies of the guide will be provided.

SWK 102- Using Team-Initiated Problem Solving (TIPS II) for Academic/Behavioral DataBased Problem Solving Dale Cusumano, Angela Preston, Bob Algozzine and KateAlgozzine, University of North Carolina at Charlotte, Charlotte, NC; Anne Todd, University of Oregon,

Eugene, OR This workshop will highlight the Team-Initiated Problem Solving (TIPS II) model as an effective, efficient, and data-driven, decision-making process for academic and behavior problem solving with modeling and hands-on practice opportunities embedded throughout the training.

SWK 103- Utilizing the Biquadratic Power of the Pyramid in PBIS Laura Riffel, University of Kansas, Lawrence, KS This presentation on the fourth side of the pyramid will focus on the greater community involved with the students before they arrive on the school steps: families, businesses, service providers, and transportation services.


SWK 104 -Integrating Mental Health Within School-wide Systems of PBIS: Systems, Practices, and Data Lucille Eber, Midwest PBIS Network, Lombard, IL;

Kelly Perales, Community Care Behavioral Health, Hummelstown, PA

This workshop will provide an overview on expanding the continuum of interventions within schools to ensure a comprehensive system ofbehavioral health supports across a multi-tiered system of support using the Interconnected Systems Framework. Key features, tools and examples included.

SWK 105- Multi-tiered Behavior Supports for Improving Outcomes for All Students: Systems, Practices, Data Rob Horner, University of Oregon, Eugene, OR;

George Sugai, University of Connecticut, Storrs, CT

This workshop will provide an overview of multi-tiered behavior frameworks (MTBF). Examples and guidelines will be presented related to rationale, core features, essential implementation practices and systems, and evaluation questions and decision rules.

SWK 106- Coaching Schools to Integrate Academic and Behavior Supports and Use Data Effectively Brian Gaunt, University of South Florida, Tampa, FL;

Scott Ford, Pflugerville Independent School Dist1·ict, Austin, TX

This workshop will teach participants how to analyze sources of academic and behavior data to develop comprehensive, integrated Tier 1 plans. Participants will also learn how to identify and trouble-shoot barriers to effective data use.

About San Francisco San Francisco, in northern California, is a city on the tip of a peninsula surrounded by the Pacific Ocean and

San Francisco Bay. It's known for its hilly landscape,

year-round fog, iconic Golden Gate Bridge, cable cars and colorful Victorian houses. The Financial District's

Transamerica Pyramid is its most distinctive skyscraper.

In the bay sits Alcatraz Island, site of the notorious for

mer prison. For information about things to do, please

click on the links at conference.apbs.org.

Up-to-date information at conference.apbs.org 7

Saturday, March 26 Skill-building Workshops We offer full-day and half-day Skill-building Workshops on Saturday, March 26. These participatory workshops are led by professionals who are making significant contributions to the successful application of PBS. Space is limited and pre-registration is necessary to ensure you are able to attend the workshop of your choice.

Half-day Workshops: 8:30a.m.- 12:30 p.m. SWK 107- Navigating Ethical and Professional Issues when BCBAs Work or Consult in Schools Nancy Rosenberg and Ilene Schwartz, University of Washington, Seattle, WA This presentation will look at ethical and professional conflicts that can arise when behavior analysts are working in or consulting with schools and will present a framework for resolving the ethical dilemmas which may arise.

SWK 108- National PBIS Leadership Academy for Secondary School Leaders JoAnne Malloy, Institute on Disability at the University of New Hampshire, Concord, NH;]essica Swain-Bradway, Midwest PBIS Network, Lombard, IL; Brigid Flannery and Kent Mcintosh, University of Oregon, Eugene, OR; ]ennifir Freeman, University of Connecticut, Storrs, CT; Susan Barrett and Patricia Hershfeldt, Sheppard Pratt Health Systems, Baltimore, MD Join us for an interactive, hands-on session supporting middle and high school leaders who are exploring or currently implementing PBIS, including case examples and tools for effective implementation and practice in secondary settings.

SWK 109- Using Organization-Wide Positive Behavior Support to Improve Outcomes for Individuals With Disabilities Rachel Freeman, University of Minnesota, Minneapolis, MN; Robert Putnam, May Institute, Randolph, MA This workshop will introduce PBS tools and processes for preventing problem behavior and enhancing quality oflife (QOL) for individuals with disabilities. Attendees will learn how systems change strategies can improve social interactions and QOL.


SWK 110- Bullying Prevention Within an MTSS Framework Scott Ross, Utah State University, Logan, UT

This workshop will describe a novel approach to bullying prevention, which gives students the tools to reduce bullying through the blending ofPBIS, explicit instruction, consistent adult responses, and a redefinition of the bullying construct.

SWK 111- Prevent-Teach-Reinforce Model: An Evidence-Based Functional Behavior Assessment/Intervention Process Rose Iovannone, University of South Florida, Tampa, FL

Often school-based FBA/BIPs do not result in interventions being implemented and improved student outcomes. This presentation will describe a standardized FBA/BIP process that is accepted by teachers and is effective in improving student outcomes.

Full-day Workshop: 8:30 a.m.- 4:30 p.m. SWK 112- Positive Interventions and Effective Strategies in the Classroom: Tier 2 Strategies Laura Riffel, University of Kansas, Lawrence, KS

This workshop will focus on providing three levels of support within the walls of the classroom. Special emphasis will be on the second tier of internalizing behaviors and how they affect behavior in the classroom.

Special Half-day Parent Workshop: 8:30a.m.- 12:30 p.m. This workshop is being offered to parents at the special rate of $50 separate from all other conference activities. All conference attendees are also welcome to purchase this workshop at the special rate regardless of membership status. This workshop is held at the same time as the Saturday Ha(fday Sessions above.

SWK 201 -Working Together to Resolve Behavior Challenges Through Positive Behavior Support Meme Hieneman, Positive Behavior Support Applications, Palm Harbor, FL

This workshop will guide parents and professionals to engage in a collaborative, practical, problem-solving process to identify goals, patterns, possible functionbased strategies, and an implementation and monitoring plan to support children with behavioral challenges.

Up-to·date information at conference.apbs.org 9

Certificate of Attendance A Certificate of Attendance will be available at the end of the conference for those wishing to submit contact hours to your professional development organization. The Certificate can be picked up at the registration desk after lunch on Friday, March 25.

BCBA and Graduate Credits BCBA Type 2 Credits The Association for Positive Behavior Support (APES) designates this conference for a maximum of27 continuing education unit hours (3.5 hours for March 23, 16.5 hours for March 24-25 and 7 hours for March 26). Each attendee should claim only those credit hours that were actually spent in the educational activity (session, workshop, poster session).

Permission is being sought for Board Certified Behavior Analysts (Type 2 credits) from the Behavior Analyst Certification Board. BCBA Credits will be offered for $5 per hour. All necessary paperwork will be available at the conference.

A list of sessions approved for BCBA credits will be posted on the APES website as the conference date approaches.

Registration Fees CONFERENCE ·, REGISTRATION FEE TYPE

Full Conference Registration: The registration fee for the 13th International Conference on Positive Behavior Support includes admission to all break-out sessions (Thursday and Friday), the conference reception/poster session and conference materials. The registration fee does not include meals. Your registration form must be received (not postmarked) on or before the dates specified above to receive the reduced rate.


APES Student and APES Family Registration: APES Student Members and APES Family Members are entitled to the same privileges as full conference registrants. Students are required to present valid identification at the time of registration if purchasing a Student membership on-site.

Skill-building Workshop Registration: Workshops will be held from 1 p.m. to 5 p.m. on Wednesday, March 23, and from 8:30a.m. to 12:30 p.m. or 8:30a.m. to 4:30p.m. on Saturday, March 26.

Separate registration for Skill-building Workshops is required. Attendees may register for Skill-building Workshops only or can register for workshops in addition to any. of the registration types listed above. The Skill-building Workshop registration includes admission to the workshop, a copy of the workshop notes, and a copy of the conference program.

Please note: Each workshop requires a separate fee and ticket. Pre-registration is advised, as there will be no wait list for sold out workshops. Workshop notes are not available for purchase. Please be sure to register for only ONE Wednesday and/or ONE Saturday workshop.

All workshops are subject to cancellation if minimum attendance numbers are not met. Registrants of cancelled workshops will have the option of attending another workshop or receiving a full refund of the workshop registration fee.

Skill-building Workshop Registration Fees

WEDNESDAYPRE-CONFERENCE AND SATURDAY SKILL-BUILDING WORKSHOP FEE TYPE

For complete registration information, online

registration and printable copies of the registration


Up-to-dare information at conference.apbs.org 11

Accommodations Westin St. Francis (located downtown on Union Square) 335 Powell Street, San Francisco, CA 94102 U.S.A. (1)(415) 397-7000

Reservation link to receive conference rates: https://www.starwoodmeeting.com/events/start.action? id=1505185354&key=9AEF409

If you call the hotel to reserve your room, please state that you will be attending the Association for Positive Behavior Support Conference. The Westin St. Francis must receive reservations no later than Thursday, February 26, 2016. After this date, the balance of the rooms will be released back to the hoteL

Room Type Rate* $195 Single $195 Double

*Rates are based upon a~1ailability; plus applicable taxes

Airport Transportation • Taxis arc available at the Airport Cab Stand or outside

the Powell Street entrance. Approximate charge, oneway: $50-55 excluding gratuity, for up to four people. Allow 30-45 minutes total travel time.

• Rental Cars are available throughout San Francisco International, as well as around Union Square. There is a Hertz Rental Car Desk in the hotel's Main Building Lobby.

• MUNI - Public transportation at $2.00 per person and $0.75 for children and Seniors. Operating hours vary by line.

• Cable Car- operating hours are 6 a.m. to 12 midnight. $6 per person.

• BART -from Powell Street to Oakland Airport $4.05 each way or $8.10 roundtrip; from Powell Street to SFO $8.60 each way or $17.20 round trip.

• Shuttle Service - Service on Geary Street. All services are by reservation only. Rate: $17.00 (to SFO)

For complete registration information, online registration and printable copies of the registration


-· " Shawnee County

Sheriff's Office Sheriff Herman T. Jones Law Enforcement Center

320 S. KANSAS, SUITE 200 TOPEKA, KANSAS 66603-3641

785-251-2200

MEMORANDUM

November 3, 2015

TO: Board of County Commissioners

FR: Herman T. Jones

RE: Turn-Key Mobile, Inc.

The Sheriff's office is upgrading the MOT's in our Deputy vehicles. This tech refresh project will consist of 85 Panasonic Toughbook laptops; docking stations and adapters for a total cost of $352,410.00. The purchase is being made on the NationaiiPA Contract from Turn-Key Mobile, Inc.

Please place this on the Monday, November 9, 2015 agenda.

Sincerely,

~;??t,:' ~/~ Herman T. Jone Shawnee Cou . Sheriff

'· SHAWNEE COUNTY Turn-Key Mobile, Inc. coNTRACT #C.444 -lc\S Proposal

Name I Address

Shawnee County Information Technology 320 S Kansas Suite 200 Topeka, KS 66603

210 Prodo Drive Jefferson City, MO 65109

573-893-9888 Office 314-754-9794 Fax

Sales Rep Prepared By

Kim Terry

PO#

Item Description Qty

CF-3110671CM

PA-1580-1921

7160-03 18-02

Panasonic CF-31, Win7 (Win&. I Pro COA), Intel Core i5-5300U 85 2.30GHz, vPro, 13.1" XGA Touch, 4GB, 500GB(7200rpm), Intel WiFi alb/g/n/ac, TPM, Bluetooth, Dual Pass (Upper:WWAN!Lower:Selectable), 4G LTE Multi Carrier (EM7355), Emissive Backlit Keyboard, No DVD Drive, Toughbook Preferred Lind Electronics Bare Wire DC Power Adapter compatible with 85 Panasonic CF-51, CF-52, CF-53, CF-54, CF-74, CF-31 GAMBER JOHNSON Panasonic Toughbook 30/31 Lightweight 85 MAGTM Dock with Dual RF/Optional Lock

Contract-National IPA National IPA Contract# 120471 www.nationalipa.org

Proposals are good for 30 days. Please ask your rep for updated pricing and availability. Total

Signature

Date Proposal#

10/27/2015 18179

Accepted By

Rate Total

3,366.00 286,1!0.00

125.00 10,625.00

655.00 55,675.00

0.00

$352,410.00

Shawnee County



785-251-2200

MEMORANDUM

November 3, 2015


FR: Herman T. Jones

RE: Maintenance Agreement

We will be renewing the Maintenance Agreement with OnBase for the period of 01/01/16 to 12/31/16. This agreement has been paid by the IT Department in previous years, and has now been reassigned to the Sheriff's Office. The total due is $5,750.00, which will be paid with budget funds.

Please place this on the Monday, November 9, 2015 consent agenda.

Sincerely,

Herman T. Jone Shawnee Cou ty Sheriff

. .

On Base ·~::,"·if\ 'J'.,' i',; ;· :·: ;'u··" UNTY ......... ,.#' .. 'i' )( 1!. '*'"''"' .. - ~

by Hyland CONTRACT #: c'M-:} -f3.0\5 Hyland Software, Inc.

28500 Clemens Road Westlake, OH 44145 Phone:(440) 788-5000 lnternet:www.onbase.com

Customer: Shawnee County Sheriff Attention: Pat Oblander 320 South Kansas Avenue TOPEKA,KS 66603 United States

81//fng Period

Maintenance from 01/01/2016 to

Module Code Description

12/31/2016 OnBase Version

10.0.1

CTMPC1 DIMPW1 OBMPW1 SALESTAX

EXSUP1

Concurrent Client (1-100) Maintenance Production Document Imaging (Kofax or Twain) (1) Maintenance Multi-User Server Maintenance Tax (Type : Maintenance) : KS Extended Support Fee

Software Maintenance Invoice Account#: Invoice#: Date:

Territory: Status:

Bill No.:

Primary Support Provided By:

Hyland Software, Inc. Attention: Pat Oblander 28500 Clemens Rd Westlake, OH 44145 United States

Rate Quantity

$ 240.00 10

$ 1,000.00 1

$ 1,600.00

$ 0.00

$ $ $ $

479 287351

10/08/2015 us Not Paid 479

Terms

DUE: 12/31/2015

Extended Rate

2,400.00 1,000.00 1,600.00

0.00

750.00

Extended Support has been added to your invoice total because our records currently indicate you are running a version that has been designated as an Extended Support version by Hyland Software. If you upgrade from your current version before or on 12/3112015, you will not be required to pay Extended Support. If you upgrade from your current version after 12/31/2015, you will be required to pay Extended Support. For a list of Extended Support versions, please visit https://invoices.onbase.com/ESAnnouncementPU.aspx.

Payment by Wire Transfer: Keybank, N.A. Swift Code: KEYBUS33 Routing#: 041001039 Hyland Software, Inc. Acct.#: 359681326518

Total: $ 5,750.00

This amount is in USD

This pro forma invoice has been generated based upon either the pending renewal of the annual maintenance contract or the beginning of the first annual maintenance contract. If maintenance coverage is not desired, please make a note on the invoice and mail or fax this invoice back to the Hyland Software Inc. accounting department. If annual maintenance is desired, please pay off this invoice. If this invoice is premature or the dates are incorrect, please notify us of the correct installation date. All renewal maintenance agreements are prorated to a calendar year unless otherwise agreed. The maintenance fee includes all major releases and bug fixes and must be paid retroactive to the install date if not contracted with the original installation. A 10% reinstatement fee will be charged if maintenance fees are not paid on time. Please call us with any questions. We will be happy to assist you.

EAR 758.6: To the extent applicable, these commodities, technology, or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited.

Page 1 of 1

November 4, 2015

Shawnee County



785-251-2200

MEMORANDUM


FR: Herman T. Jones

RE: Vehicle Purchases

The Sheriff's Office will be purchasing 17 vehicles off of the State Contract. Our purchases will be with Shawnee Mission Ford, Rusty Eck Ford, Ed Bozarth Chevrolet, and Don McHatton Chevrolet. The total expense for the vehicles will be $492,559.75, which will be paid with budget funds.

We will also be purchasing 4 additional vehicles, off of the State Contract, from Shawnee Mission Ford and Ed Bozarth Chevrolet. The total will be $97,156.00, and we will be using funds from the Special Law Enforcement Trust Fund for these vehicles.

Please place this on the Monday, November 9, 2015 agenda.

Sincerely,

~'~ Herman T. Jones Shawnee County

Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street Topeka, Kansas 66603-3933

Memorandum


To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Request authorization to purchase six network switches.

The Information Technology department is requesting authorization to purchase six network switches and installation\integration services from Alexander Open Systems using State of Kansas contract pricing (contract# 1 0330) that will be used to replace aging core network switches that are currently in place in the Shawnee County data and telecommunications network. The new network switches will provide a 1 OG/sec backbone as compared with the current 1Gb/sec backbone. This increase in capacity will position the core network to accommodate anticipated increases in network traffic for the next 5 to 8 years. Funding to support this purchase, $73,796.86 for hardware and $10,400 for AOS

Engineering Services, will be paid for from funds in the 2015 Information Technology budget. The hardware purchase price includes one year of 8x5xNBD maintenance for each of the network switches.

CPO/mro

fax 785-2.91-1;.907 phone 785-233-8200 ext. 4030

Professional Services Brief

Project Name: Nexus 9372PX Core Installation

Customer: Shawnee County Information Technology

Customer Contact: Pat Oblander, Director of Information Technology

Customer Address: 200 SE 71h Street

Topeka, KS 66603

Account Manager: Jeremiah Nelson

Design Architect: Patrick Tierce '

Date: 4/21/2015

Project Summary The Shawnee County Information Technology department is engaging Alexander Open Systems (AOS) to install a

new pair of Nexus 9372PX core switch/routers to replace the legacy Cisco 3750G-12S core switch/routers which

are nearing End-of-Life.

This project will consist of the following work items to be completed by AOS:

• Install two (2) new Nexus 9372PX units in rack space provided by Shawnee County.

• Configure the new Nexus 9372PX units with Virtual Port-Channel (vPC) connections between the units

using the included 40G BiOi connectors. Shawnee County will supply the Multimode Fiber (MMF)

OM3/0M4 fiber jumpers to connect the units.

• Configure the Nexus 9372PX units to communicate to the Elections Office Cisco 4500-X (pair) via vPC over

a redundant pair of SMF fiber. This will also include configuring the 4500-X units at the Elections Office

to effectively utilize the vPC connection.

• Configure one (1) closet stack connection to utilize a vPC connection to the Nexus 9372PX units. This will

include configuration of the closet stack to effectively utilize the vPC connection.

• All other connections to Shawnee County remote office sites will be configured via normal Spanning-Tree

redundant connections where there are redundant connections available. No configuration work will be

provided by AOS on these other connections.

• After hours cutover will be provided by AOS to move fiber connections to the new Nexus 9372PX units

from the 3750G-12S units.

• During/after the cutover, basic testing will be performed to validate connectivity via "ping".

• Documentation of the new connections to the Nexus 9372PX units will be provided via Visio diagram(s).

Nexus 9372PX Core Installation Page 1 of 6

• Training will be provided to Shawnee County technicians which will consist of two (2) hours of clock time

to answer and explain the new Nexus hardware and configuration.

Scope and Approach Experienced AOS personnel, or authorized agents, will perform the following implementation tasks:

IMPORTANT: Anything not specifically included in this document is EXCLUDED.

Worh. Tasks 1::;1!:, tZ~ ;i,\:;il~I$~))<.;··;~;;;:~;.:7t$J":':(~.i ·~·,. ·'.). 2-:'z;z:;).;J a:>~·~0;~',(' •:;: ~.· :. ;r::: ;:,;;;JJ}z':'}.!~E~:('' " '!C K'V f ;,:;:: ''l">'ii-" >'''''

Install Nexus 9372PX units in rack AOS

Assign Management IP addresses to Nexus 9372PX units Customer

Create SNMP configuration on Nexus equipment (R/0 string) ADS/Customer

Configure Nexus 9372PX units with vPC between units via the 40G BiOi AOS

connections

Duplicate the routing structure that is currently on the 3750G-125 units on AOS

the Nexus 9372PX.

Install SFP/SFP+ hardware in selected interfaces on Nexus equipment AOS

Configure remaining ports on Nexus 9372PX units for cutover based on AOS

current port setups on the 3750G-12S units

Create configuration 4500-X units (Qty-2) at Elections Office to use vPC to AOS

Nexus units

Configure one (1) closet switch stack to use vPC to the Nexus units AOS

Perform after-hours cutover for all connections that are currently on the ADS I Customer

37SOG-12S units to the Nexus 9372PX units

Test (via PING) each connection to validate that traffic is passing Customer

Document connections on the Nexus 9372PX units AOS

Provide training to Shawnee County IT staff (2 hours) AOS


........................................... ·-·································· ... ············-····-·············································--······· ······································-... ·· Shawnee County Information Technology

Nexus 9372PX Installation

= 0

er.=.·-··"· e*w+ •• 13 El!lliiMI •• 13

413


Customer Deliverahles • Nexus 9372PX units that are installed, configured and tested

• Cisco 4500-X (2) units at Elections Office configured to utilize vPC connections to Nexus 9372PX units

• One (1) closet stack configured to utilize vPC connections to the Nexus 9372PX units

• Basic testing post-cutover to validate traffic is working correctly

• Diagram of new network connections on the Nexus 9372PX units

• Two (2) hours of training for Shawnee County IT staff on configuration of Nexus units

Customer Responsibilities In addition to any work tasks assigned to the client above in this Statement of Work, the Client agrees to

the following preparations for this project:

• Ensure that proper power is available, any necessary rack space has been allocated and proper

environmental requirements are met for any new equipment installations prior to the consultant

arriving on site. Failure to provide proper environmental conditions could void server/appliance

factory warranties or may result in a Change Management request and appropriate cost adjustments.

• Unless otherwise specified in this Statement of Work, the Customer is responsible for any equipment

racking requirements including proper device interconnection and/or power cabling. Delays in work

completion due to incorrect or incomplete rack mounting may result in a Change Management

request and appropriate cost adjustments.

• Customer is responsible for allowing AOS to access facilities during normal business hours from 8 AM

- 5 PM, Monday- Friday. Any scheduling outside of normal business hours must be coordinated

through project's designated contact(s) with one week advanced notice (based upon availability) to

allow for resource schedule coordination and procurement.

• Have any required existing server/host hardware and supported Operating Systems in good health

with required service packs and/or patches applied prior to the consultant arriving on site. Systems

requiring additional updates not specified in this Statement of Work will be out-of-scope and require

a change form be completed.

• Provide an adequate workspace for AOS on site personnel with network connections to the Internet

and customer's network as required including parking, phone, necessary network connection

information, IP addressing, proxy account information, etc. while satisfying customer Security Policy

requirements.

• Provide remote access connectivity as required to assist in the completion of this statement of work.

(Assumes compliance with existing customer security policy.)

• Have customer personnel available during implementation window to provide any required assistance

and/or facilitate necessary communications to accomplish the required work.


Consulting Fees The following table lists costs for this engagement. Shipping and taxes are not included. All prices are in

U.S. dollars. See Pricing Assumptions below fo~ additional information. This Statement of Work is valid for

30 days. After 30 days AOS reserves the right reassess the scope and pricing due to possible changes in

the customer environment.

Engineering Services $10,400

Pricing Assumptions • Unless otherwise identified within the scope or service brief, AOS bills travel one way to the customer

site from the nearest AOS Office within that region at the identified engineer hourly rates.

• Except for the cutover(s) and other afterhours timeframes specified in this SOW, AOS will perform

work during normally scheduled working hours (8:00 A.M. to 5:00 P.M. local time Monday through

Friday), excluding AOS and customer observed holidays. AOS will charge any work performed outside

of these normal business hours at the rates shown below:

o Overtime & Weekends billed at Normal Business Hours (NBH) +50%

o Holidays billed at Normal Business Hours (NBH) + 100% w/ (2) hour minimum

o Emergency support billed at Normal Business Hours (NBH) +50% w/ (2) hour minimum

• AOS will assess a cancellation fee of $200 for scheduled work customer cancellations with less than 24

hour advanced notification. Notification of cancellations can be made to any of the contacts listed in the

Contacts and Resources section.

• AOS sales and services are subject to any applicable AOS Master Services Agreement.

• Shawnee County Information Technology hereby assumes all costs associated with said requested

services. Associated costs include, but are not limited to, those that are set by AOS under this

Statement of Work. AOS agrees to obtain approval by Shawnee County Information Technology prior

to incurring any costs in addition to those already itemized on this Statement of Work and the

purchase order provided to AOS prior to the services being done.

• Typically, AOS will use local resources that will not require any travel expenses, assuming the work

site is within an AOS office's local work area. In the event AOS needs a non-local resource, AOS will

obtain prior written approval before incurring any travel charges. Shawnee County Information

Technology will reimburse AOS for reasonable expenses incurred in connection with our performance

of the Services, if any are required, including travel expenses, lodging, meals, parking fees, copying

charges, delivery charges, postage, telephone charges and other related expenses.

• Payment of the net amount of an invoice is due 30 days from the date of AOS invoice, unless otherwise

specified in this Statement of Work. All Pricing is subject to Other Terms and Conditions attached


hereto and incorporated by this reference herein. Refer to Master Services Agreement for further

information.

• Any AOS Professional Services time accrued due to manufacturer related cases, bugs, hardware failures

or Telco related issues are billable costs outside of the original pricing. These are all unforeseen issues

that are out of ADS's control and are the responsibility of the manufacturer or Telco

provider. Additional support is available through our offsite NOC team with our AOSOne and AOSFive

agreements or as the customer you can assume responsibility in working directly with the manufacturer

or Telco provider.

Additional Fees • All applicable state and local taxes, shipping charges (FOB customer dock), travel and associated

expenses will be added to invoice.

Acceptance of Proposal Due to the competitive confidentiality of information provided the accompanying materials, AOS and

Shawnee County Information Technology shall keep all such information in the strictest confidence and

shall not be divulged to persons other than Shawnee County Information Technology employees unless

authorized by AOS. AOS bases the recommendations for equipment, programs and services on

information customer has furnished to AOS and on observations by AOS. While AOS believes the price

and materials list to be sound, the degrees of success with which equipment, applications and services

are applied is dependent on many factors, some of which are beyond the reasonable control of AOS.

The signature below affirms and acknowledges that you have read the above contents in its entirety and

agree to the terms and conditions of this proposal as outlined.

Accepted for Shawnee County Information Technology by:

Name (Print):

Signature:

Nexus 9372PX Core Installation

Title:

Date:

Approved as to Legality_ Jnd Fo;m: Date~it·f·tt

t r-----~ ,--.----··- ".--~~--~~:. ~

~-· ~- ' • ~ ~. '-~ :_, ~ j'~ ~~i~{ Page 6 of 6

Alexander Open Systems, Inc.

SHA,iflJNEE COUNT'l CONTRACT#"')±\:--~

Kansas City 129ao Foster #300 Overland Park, KS 66213 Phone: 913-307-2300 Fax: 913-307-2380

Wichita Epic Center 301 N. Main #1850 Wichita, KS 67202 Phone: 316-269-1400 Fax: 316-269-1403

Topeka 900 Kansas Suite# 303 Topeka, KS 66612 Phone: 7a5-22a-2727 Fax: 7a5-22a-9677

Please visit www.aos5.com for a complete listing of all service areas

QUOTE TO:

ACCOUNTS PAYABLE SHAWNEE CO. INFORMATION TECH. 1515 NW SALINE SUITE 225 TOPEKA. KS 6661a

Phone: (7a5) 233-a200

Fax: (7a5) 291-4965

MATERIALS ONLY Furnish products and coordinate warranties and service agreements as specified.

KS STATE CONTRACT NO. 10330 PR NO. 014436 •Agencies may not use credit cards for purchases from this contract.

Cisco Ship Date as of 11/03/2015 is 14-21 days.

Thank you for the opportunity to be of service.

SHIP TO:

JOATKINSON SHAWNEE CO. INFORMATION TECH. 1515 NW SALINE SUITE 225 TOPEKA, KS 6661 a

II I QUANTITY l._l ___________ o_E_sc_R_IP_T_Io_N __________ ---1 UNIT PRICE

1.00

1.00

1.00

1.00

1.00

4.00

2.00

1.00

1.00

1.00

1.00

4.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

4.00

2.00

4.00

2.00

1.00

2 Nexus 9372PX with a QSFP-40G-SR-BD

1 YR SNTC-aX5XNBD 2 Nexus 9372PX with

Nexus 9372PX bundle PID

1 YR SNTC-8X5XNBD Nexus 9372PX bundle PID

Nexus 3064PQ Accessory Kit

QSFP40G BiDi Short-reach Transceiver

Power Cord 125VAC 13A NEMA 5-15 Plug North America

Nexus 9500 or 9300 Base NX-OS Software Rei 6.1 (2)13(3A)

Nexus 9372PX bundle PID

1 YR SNTC-8X5XNBD Nexus 9372PX bundle PID

Nexus 3064PQ Accessory Kit

QSFP40G BiDi Short-reach Transceiver

Power Cord 125VAC 13A NEMA 5-15 Plug North America

Nexus 9500 or 9300 Base NX-OS Software Rei 6.1 (2)13(3A)

N9300 License PAK Expansion

1 YR SWAPP SUPP + UPGR N9300 License PAK Ex

LAN Enterprise License for Nexus 9300 Platform

N9300 License PAK Expansion

1 YR SWAPP SUPP + UPGR N9300 License PAK Ex

LAN Enterprise License for Nexus 9300 Platform

Nexus 2K/3K/9K Single Fan port side intake airfiow

Nexus 9300 650WAC PS Port-side Intake

Nexus 2K/3K/9K Single Fan port side intake airfiow

Nexus 9300 650W AC PS Port-side Intake

Cisco Catalyst 3a50 12 Port 10G Fiber Switch IP Base

26,415.00

0.00

0.00

832.00

0.00

0.00

0.00

0.00

0.00

a32.00

0.00

0.00

0.00

0.00

0.00

0.00

4,696.00

0.00

0.00

4,696.00

0.00

0.00

0.00

0.00

7,924.50

QUOTATION

Quote No.: 0117609

Customer ID: SHAWN-004

Date:: 11/3/2015


Designer. PATRICKT

EXTENDED PRICE

26,415.00

0.00

0.00

832.00

0.00

0.00

0.00

0.00

0.00

a32.00

0.00

0.00

0.00

0.00

0.00

0.00

4,696.00

0.00

0.00

4,696.00

0.00

0.00

0.00

0.00

$37,471.00

7,924.50

Alexander Open Systems, Inc.

Kansas City Topeka 12980 Foster #300 Overtand Park, KS 66213 Phone: 913-307-2300 Fax: 913-307-2380

Wichita Epic Center 301 N. Main #18SO Wichita, KS 67202 Phone: 316-269-1400 Fax: 316-269-1403

900 Kansas Suite# 303 Topeka, KS 66612 Phone: 78S-228-2727 Fax: 785-228-9677

Please visit www.aoss.com for a complete listing of all service areas

1.00

1.00

1.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

2.00

1.00

1.00

1.00

1.00

1 YR SNTC-8XSXNBD Cisco Catalyst 38SO 12 Port 1 OG Fiber Sw

CAT38SO Universal k9 image

3SOW AC Config 1 Secondary Power Supply

North America AC Type A Power Cable

SOCM Type 1 Stacking Cable

Catalyst 37SOX and 38SO Stack Power Cable 30 CM

Cisco Catalyst 38SO Network Module Blank

3SOW AC Config 1 Power Supply

Cisco Catalyst 38SO 12 Port 10G Fiber Switch IP Base

1 YR SNTC-8XSXNBD Cisco Catalyst 38SO 12 Port 10G Fiber Sw


3SOW AC Config 1 SecondaryPower Supply


SOCM Type 1 Stacking Cable

Catalyst 37 SOX and 38SO Stack Power Cable 30 C M

Cisco Catalyst 38SO Network Module Blank


Cisco Catalyst 38SO 12 Port 10G Fiber Switch IP Base

1 YR SNTC-8XSXNBD Cisco Catalyst 38SO 12 Port 1 OG Fiber Sw


350W AC Config 1 Secondary Power Supply


soc M Type 1 Stacking Cable


Cisco Catalyst 3850 Network Module Blank


Cisco Catalyst 3850 12 Port 1 OG Fiber Switch IP Base

1 YR SNTC-8X5XNBD Cisco Catalyst 3850 12 Port 10G Fiber Sw

CAT3850 Universal k9 image

3SOW AC Config 1 SecondaryPower Supply


sOCM Type 1 Stacking Cable


Cisco Catalyst 3850 Network Module Blank

350W AC Config 1 Power Supply

680.80

0.00

293.SO

0.00

0.00

0.00

0.00

0.00

7,924.SO

680.80

0.00

293.SO

0.00

0.00

0.00

0.00

0.00

7,924.50

680.80

0.00

293.SO

0.00

0.00

0.00

0.00

0.00

7,924.50

680.80

0.00

293.SO

0.00

0.00

0.00

0.00

0.00

Merchandise Total

Shipping

Document Total

QUOTATION

Quote No.. 0117609


Date:: 1113/2015


Designer. PATRICKT

680.80

0.00

293.SO

0.00

0.00

0.00

0.00

0.00

$8,898.80

7,924.SO

680.80

0.00

293.SO

0.00

0.00

0.00

0.00

0.00

$8,898.80

7,924.SO

680.80

0.00

293.SO

0.00

0.00

0.00

0.00

0.00

$8,898.80

7,924.SO

680.80

0.00

293.SO

0.00

0.00

0.00

0.00

0.00

$8,898.80

$73,066.20

$730.66

$73,796.86

Alexander Open Systems, Inc. QUOTATION

Kansas City 12980 Foster #300 Overland Park, KS 66213 Phone: 913-307-2300 Fax: 913-307-2380

Wichita Epic Center 301 N. Main #1850 Wichita, KS 67202 Phone: 316-269-1400 Fax: 316-269-1403

Topeka 900 Kansas Suite# 303 Topeka, KS 66612 Phone: 785-228-2727 Fax: 785-228-9677

Quote No.: 0117609


Date:: 1113/2015


Designer: PATRICKT

Please visit www.aosS.com for a complete listing of all service areas

Above quoted pricing is valid until 12/4/2015. Quoted pricing does not include sale.t tax. Sale ... tax, if applicable, will he charged on final inw1ice. Alltu."Cable item.v will be charged appropriate tax rate.'i based on end users jurisdiction.

If customer is IIL'C exempt, a valid lax exemption permit rmut be on file wit II A OS at tile time of billing. Total solution financing"' is available. Ask your accoutJI manager lluw you can avoid upfront cost and pay for your solution over time.

*Restrictions apply. Subject to credit approval and documentation. Customer signature constitutes agreement with all AOS Terms and Conditions, which may be found at httn://www.aosS.com/tet·ms in addition to any addendums shown on this quote.

Customer Signature Date

An proved as to Legality ..,' .F ·D t':-.J1- 1 ';r and orm ... a-.;·

_. .~~no-·•,-~·~• ----~~ A . .......,- i. vv. v"'w ... ,._,~-..~.-.. ~~\

3

MASTER SERVICES AGREEMENT

The parties to this Master Services Agreement (the "Agreement") are , a _____ , whose address (for billing purposes) is , and its affiliates (collectively, "Customer"), and [name of AOS entity providing services] ("AOS"). For identification purposes, the date of this Agreement is the date it is signed by the last to sign of Customer and AOS. The purpose of this Agreement is to set forth the terms and conditions under which AOS will provide certain services for Customer.

1. Agreement structure. The signing of this Agreement by the parties creates a set of agreed-upon provisions that will be incorporated into contemporaneous and/or future documents (each called an "Addendum") describing specific services to be performed by AOS for Customer. An Addendum must be signed by both parties and must state that it is made pursuant to this Agreement. Each Addendum, including the incorporated provisions of this Agreement, will constitute a separate contract. All references in this Agreement to "this Agreement" will be deemed to refer to the applicable Addendum and the incorporated provisions of this Agreement.

2. Amendments. All amendments must be clearly identified as an amendment to this Agreement or to a specified Addendum, and must be in writing and signed by authorized personnel of both parties. Any amendment to this Agreement will apply to each Addendum signed on or after the date of the amendment, and will apply to a previously executed Addendum if: (a) the amendment expressly so states; or (b) it is obvious from the context that it should apply to the prior Addendum and does not materially alter the previously established obligations of the parties under that Addendum.

3. Services. "Services" means the services to be provided by AOS, as specified in an Addendum.

4. Term and termination. Each Addendum will take effect when signed by both parties. The actual provision of Services will begin on the "Start Date" specified in the Addendum, which may or may not be the same as the effective date. Each Addendum will continue in effect until

terminated by one of the parties in accordance with the paragraph of this Agreement titled "Termination for convenience", but in the absence of such a termination for convenience: (a) if an Addendum specifies a term of months or a specific termination date, that Addendum will automatically terminate upon expiration of the "Initial Term" (defined as the period beginning on the Start Date and ending on the specified termination date or at the end of the specified number of months) unless the Addendum is renewed by the parties; or (b) if the Services consist of a specific project to be completed and no term of months or termination date is specified in the Addendum, the Addendum will automatically terminate upon completion of the project.

5. Charges. Each Addendum will specify all charges that Customer will pay AOS for the Services to be rendered pursuant to that Addendum.

6. Taxes. AOS will collect from Customer and transmit to the proper authorities all taxes that AOS is required by law to collect from Customer in connection with the transactions contemplated by this Agreement.

7. Invoices. Each invoice rendered by AOS will include an invoice number, a purchase order number or department number (which Customer will provide to AOS), the time period covered by the invoice, the amount of any applicable tax, and sufficient detail to allow Customer to determine the accuracy of the invoice. Except to the extent Customer has a right to withhold or delay payment pursuant to the express provisions of this

WA867475.2

Agreement, invoices will be paid within 30 days of the invoice date.

8. Disputed invoices. AOS will use commercially reasonable efforts to ensure the accuracy of invoices. Customer will timely pay all undisputed invoice items as provided above, and will notify AOS of any disputed invoice items not later than 60 days after the invoice date, or such invoice will be presumed to be correct. The parties agree to act reasonably to resolve any disputed items.

9. Force majeure. If either party is unable to perform, or is delayed in performing, an obligation under this Agreement because of circumstances outside its control (other than obligations to pay money): (a) the party so affected will promptly give notice to the other party and will use its best efforts to promptly resume performance and (b) subject to compliance with subpart (a) of this paragraph, the party so affected will not be liable for any failure or delay to perform its obligations under this Agreement to the extent such failure or delay is caused by circumstances outside that party's control.

10. Service levels and remedies. With respect to any monetary remedy specified in an Addendum for AOS's failure to meet a service level obligation, the parties agree that it would be extremely difficult to determine the amount of actual damages resulting from breach of such obligation, but that the amount specified in the Addendum to be paid to or withheld by Customer in the event of such a breach is a reasonable approximation of such damages and not a penalty, as liquidated damages and Customer's sole and exclusive remedy for such failure.

11 . Warranties. AOS represents and warrants: (a) that all Services will be performed in a professional manner, by qualified personnel, and in accordance with the terms of this Agreement and applicable industry standards; (b) that all tangible items furnished to Customer under this Agreement will be of the quality, size and dimensions requested by Customer or required by the terms of this Agreement, will be free from defects in materials and workmanship, and will be fit for the intended purpose; (c) that in performing the Services, AOS will not make unauthorized use of any trade secrets or

2

confidential or proprietary information of a third party; and (d) that AOS will have all right, title, ownership, marketing and other rights required to furnish all Services and tangible items to be provided to Customer under this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, CREATED BY THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED· WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12. Independent contractor. It is agreed and understood that AOS's relationship to Customer is that of an independent contractor. Neither party will be deemed to be a partner, agent, employee or joint venturer of the other party. AOS and its employees, agents and contractors will not represent or imply that they are employees, agents, partners or joint venturers of Customer. All persons performing AOS's obligations under this Agreement will be considered to be solely the employees, contractors or agents of AOS or its contractors, and AOS and its contractors will be responsible for ensuring there is payment of any and all salaries, wages, payroll taxes, insurance and other items payable to or on behalf of such personnel, and for maintaining worker's compensation insurance on such personnel.

13. Compliance with law. In performing AOS's obligations under this Agreement, AOS and its personnel will comply with all applicable laws, ordinances, rules and regulations.

14. Personnel on site. If any portion of the Services will be performed at Customer's premises, AOS's personnel will comply with Customer's site rules at all times while on Customer's premises. Customer will provide AOS with a copy of its then-current site rules.

15. Non-solicitation of employees. Each party agrees not to hire or solicit for employment (or as an individual independent contractor) any employee of the other party until 6 months after the date such person terminates employment with the other party. AOS further agrees not to hire or solicit for employment (or as an individual independent contractor) any other

WA867475.2

individual while he or she is performing services for Customer pursuant to a contract. If this paragraph is breached by the hiring of an employee of Customer or AOS, damages for such breach are agreed to be equal to the demonstrated cost of training a replacement for such individual. This paragraph does not apply to the hiring or solicitation of any individual who did not become known to the hiring or soliciting party as a result of the relationship between Customer and AOS created by this Agreement.

16. Insurance. AOS agrees to obtain such insurance as it deems necessary and/or appropriate for the services to be provided under each Addendum.

17. Indemnification.

a. It is understood and agreed that, in seeking the professional services of AOS, Customer may be requesting AOS to undertake uninsurable obligations for the Customer's benefit and, in connection therewith, AOS may encounter the presence or potential presence of hazardous substances or contaminants at Customer's site. Therefore, Customer hereby indemnifies and agrees to defend and hold AOS harmless against and from any and all loss, cost, damage, liability and expense incurred by AOS arising from the presence or potential presence of any hazardous substance or contaminant at Customer's site. Such cost and expense shall include, without limitation, (i) reasonable attorneys' fees and costs of litigation, (ii) reasonable costs arising from any investigation of any governmental agency for purported violation of any environmental law or regulation relating as hazardous substances; (iii) costs of any investigative response, clean-up or remedial actions with respect to the same; and any and all of the foregoing which AOS may be required under any applicable law or regulation to take, cause to be taken, or pay for.

b. Except as provided in subparagraph a above, and to the extent provided in Section 34, AOS shall indemnify and agrees to defend and hold Customer harmless against and from any and all

3

loss, cost, damage, liability and expense incurred by Customer as a result of negligent acts, negligent errors, negligent om1ss1ons or willful misconduct on the part of AOS or AOS's agents, employees or subcontractors in the performance of this Agreement, excepting such liability as may arise out of Customer's negligence or willful misconduct.

18. Confidentiality. For purposes of this Agreement, Customer's "Confidential Information" consists of: (a) all non-public information (including but not limited to trade secrets, proprietary information, and information about products, business methods and business plans) relating to Customer's business (or to the business of Customer's licensors, suppliers or other trading partners) that is either marked or otherwise identified as confidential or proprietary, or that a reasonable person would understand to be considered confidential by Customer (even if not so marked or identified); and (b) all information that Customer is obligated by law to treat as confidential for the benefit of third parties, including but not limited to personal, financial, and/or health information about individuals who have applied for or purchased financial products or services from Customer. AOS acknowledges that, in connection with the performance of this Agreement or otherwise in the course of its dealings with Customer, AOS may receive Confidential Information from Customer or may otherwise have access to or learn of Customer's Confidential Information. In the absence of Customer's prior written consent to a specific disclosure or use, AOS will not disclose to any third party any of Customer's Confidential Information, either orally or in writing, and will not appropriate any of Customer's Confidential Information to AOS's own use or to the use of any third party. Confidential Information that is provided by Customer to AOS will be used by AOS and its agents only for the purpose for which it was provided, and access to such information will be restricted to individuals who require the information (or access to the information) to further that purpose. Without limiting any of the foregoing, AOS will take at least such precautions to protect Customer's

WA 867475.2

Confidential Information as AOS takes to protect its own confidential information, and in any event will take all precautions that are reasonably necessary to protect the security of Customer's Confidential Information. Upon Customer's request, AOS will return to Customer all tangible items containing any of Customer's Confidential Information, including all copies, abstractions and compilations thereof, without retaining any copies of the items required to be returned. Whether or not affiliates are included in the term "Customer'' for purposes of this Agreement in general, they will be treated as being so included for purposes of the confidentiality provisions of this Agreement. Accordingly, the Confidential Information of Customer's affiliates will be considered part of Customer's Confidential Information.

19. Notification obligation. Upon learning of any unauthorized disclosure or use of Customer's Confidential Information, AOS will notify Customer promptly and cooperate fully with Customer to protect Customer's Confidential Information.

20. Disclosure required by law. If AOS believes it is required by law or by a subpoena or court order to disclose any of Customer's Confidential Information, then prior to any disclosure AOS will promptly notify Customer in writing, attaching a copy of the subpoena, court order or other demand, and AOS will make all reasonable efforts to allow Customer an opportunity to seek a protective order or other judicial relief.

21. Non-restricted information. Except as stated in the final sentence of this paragraph, nothing in this Agreement will be construed to restrict disclosure or use of information that: (a) was in the possession of or rightfully known by AOS, without an obligation to maintain its confidentiality, prior to receipt from Customer; (b) is or becomes generally known to the public without violation of this Agreement; (c) is obtained by AOS in good faith from a third party having the right to disclose it without an obligation of confidentiality; (d) is independently developed by AOS without the participation of individuals who have had access to Customer's Confidential Information. AOS acknowledges that certain laws governing information about individuals

4

are more restrictive than the foregoing statements, and AOS agrees to comply in all respects with such laws.

22. Duration of obligations. The obligations imposed by this Agreement with respect to Confidential Information will survive termination of this Agreement and will remain in effect with respect to each item of Confidential Information until that information becomes unprotected under the terms of the paragraph above titled "Nonrestricted information". However, if applicable law sets a maximum period for the duration of obligations of nondisclosure and non-appropriation of confidential information, the obligations imposed by this Agreement with respect to each item of Confidential Information (other than trade secrets and other than information about individuals that is protected by law) will remain in effect only until such period expires.

23. Electronic file transfers. If data files will be transferred electronically between the parties in connection with the performance of Services under this Agreement, the details pertaining to such file transfers will be set forth in the applicable Addendum. In connection with such file transfers, each party agrees to comply with the security requirements specified in the applicable Addendum, and to use all commercially reasonable efforts to safeguard data belonging to the other party that is in its possession or control.

24. Computer system access. If AOS will have access to any part of Customer's computer system in the course of performing under this Agreement, the provisions of this paragraph will apply. AOS and its personnel will use such access solely to perform AOS's obligations under this Agreement, and will not attempt to access any Customer system, electronic file, software or other electronic service except as specifically required to perform such obligations. AOS will limit access to Customer's computer system to those of its personnel who require such access in order to perform AOS's obligations under this Agreement, and will provide Customer with a list of the names of all such individuals. AOS agrees that each of its personnel who have access to Customer's computer system: (a) will be

WA867475.2

assigned a separate log-in 10 by Customer and will use only that 10 when logging on to Customer's system; (b) will log-off Customer's system immediately upon completion of each session of service; (c) will not allow the use of his or her log-in I 0 or password by other individuals to access Customer's computer system; and (d) will keep strictly confidential the log-in 10 and all other information that enables such access. In addition, AOS and its personnel will strictly follow all other Customer security rules and procedures for the use of Customer's electronic resources that are provided by Customer from time to time. AOS will promptly notify Customer upon termination of employment or reassignment of personnel with access to Customer's computer system so that login IDs may be changed and other necessary preventive measures may be taken by Customer to prevent unauthorized access. If Customer revises the requirements for access to its computer system, AOS will be notified of the changed or additional requirements and will comply with them as a prerequisite to further access. Each individual who is to be allowed access to Customer's computer system will be required by Customer to read a summary of the conditions under which such access is allowed, and to sign that summary indicating they understand their responsibilities in connection with such access. AOS understands and agrees that: (i) any access by AOS personnel to Customer's live environment is subject to monitoring by Customer; (ii) AOS personnel will make no change to any Customer system without Customer's prior approval for the specific change; and (iii) all user identification numbers and passwords disclosed to AOS and any information obtained by AOS as a result of AOS's access to or use of Customer's computer and electronic storage systems will be considered Confidential Information of Customer. AOS will cooperate fully with Customer in the investigation of any apparent unauthorized access to Customer's computer or electronic data storage systems by AOS or its personnel.

25. Remote access. If AOS will have remote access to any part of Customer's computer system in the course of performing under this Agreement, the provisions of this

5

paragraph will apply in addition to all provisions of the paragraph titled "Computer system access". AOS agrees: (a) to use only a remote access method approved by Customer; (b) to provide Customer with the full name of each individual who will have remote access to Customer's computer system and the phone number at which the individual may be reached while connected to Customer's system If the connection to Customer's network is an ongoing connection such as frame relay or T1 line, access will be allowed only if Customer receives satisfactory evidence that AOS's firewall is maintained with adequate security, as determined by TruSecure Corporation or by another independent third-party reviewer acceptable to Customer.

26. Equitable relief. In that any breach of the confidentiality provisions of this Agreement is likely to cause irreparable harm to Customer for which damages will be an inadequate remedy, AOS agrees that any court of competent jurisdiction may enter an order restraining such breach.

27. Prohibition on publicity. Neither party may advertise or promote itself using the name, service mark or description of the other party, without the written consent of the other party in the case of each such use.

28. Termination for convenience. If the applicable Addendum states that AOS guarantees that the Services will be made available to Customer for a specified period of time, then AOS agrees that, absent a material breach by Customer, AOS will make the Services available to Customer for at least the period of time so specified in the Addendum. Otherwise, AOS may terminate the Addendum without cause by: (a) giving Customer 30 days' written notice that it is terminating the Addendum for convenience; and (b) refunding to Customer the unearned portion of any payments made in advance by Customer in connection with the Services. Customer may terminate an Addendum at any time without cause by providing 30 days' written notice to AOS, in which case AOS will refund to Customer the unearned portion of any payments made in advance by Customer in connection with the Services.

29. Material breach. The voluntary or involuntary commencement of bankruptcy,

WA867475.2

receivership, insolvency, reorganization or other similar proceedings by or against either party or the appointment of a receiver for all or substantially all of either party's assets will be considered a material breach of this Agreement by such party.

30. Effect of termination. Termination of an Addendum will not terminate this Agreement, and the parties will remain free to enter into any future Addendum pursuant to this Agreement. In addition, termination of an Addendum will not relieve either party of any previously accrued obligations or of any obligations that by their nature are intended to survive termination. In addition to obligations relating to Confidential Information, which survive subject to the terms of the paragraph of this Agreement titled "Duration of obligations", obligations that survive termination will include but not be limited to obligations in connection with warranties and indemnification.

31. Customer property. All items furnished by Customer to AOS in connection with AOS's performance of the Services will remain the property of Customer unless otherwise expressly stated in the Addendum. Upon termination of an Addendum for any reason (or when items are no longer needed by AOS for the performance of the Services, if earlier), AOS will promptly return the Customer property to Customer or, at Customer's option, allow Customer to retrieve it.

32. Dispute resolution. In the event of any dispute arising out of or relating to this Agreement, the parties agree to attempt in good faith to resolve the dispute first by direct negotiation and then, if that is not successful, by mediation with a neutral thirdparty mediator acceptable to both parties. Mediation expenses will be shared equally by the parties. Any dispute arising out of or relating to this Agreement which is not settled by agreement of the parties within a reasonable time will be settled exclusively in a binding arbitration by a single arbitrator. The location of any arbitration proceeding will be in Johnson County, Kansas. The arbitration will be governed by the Federal Arbitration Act. The arbitrator will be selected and the arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration

6

Association (AAA), except that the provisions of this Agreement will control over the AAA rules. The parties will share equally in the fees and expenses of the arbitrator and the cost of the facilities used for the arbitration hearing, but will otherwise bear their respective costs incurred in connection with the arbitration. Depositions will not be allowed, but information may be exchanged by other means. The parties agree to use their best efforts to ensure that the arbitrator is selected promptly and that the arbitration hearing is conducted no later than 3 months after the arbitrator is selected. The arbitrator must decide the dispute in accordance with the substantive law which would govern the dispute had it been litigated in court. This requirement does not, however, mean that the award is reviewable by a court for errors of law or fact. Following the arbitration hearing, the arbitrator will issue an award and a separate written decision that summarizes the reasoning behind the award and the legal basis for the award. The arbitrator may not require one party to pay another party's costs, fees, attorneys' fees or expenses. The award of the arbitrator will be binding on each party. Judgment upon the award may be entered in any federal district court.

33. Limitations on remedies.

a. In no event will AOS be liable for any damages or loss caused by Customer's failure to perform its responsibilities, or under any circumstances for lost profits, consequential or incidental damages arising out of any alleged breach by AOS.

b. In all events, Customer's sole and exclusive remedy under the Agreement and/or any Addendum with AOS will be to terminate the Agreement.

c. With respect to any claimed defects in hardware, Customer agrees to look solely to the manufacturer. In all events Customer shall first give AOS thirty days written notice of any alleged breach and the opportunity to contact the manufacturer to cure such breach (if such breach cannot be cured within said thirty-day period, AOS shall have such additional time as is reasonably necessary to contact the manufacturer concerning the same ..

WA 867475.2

d. Irrespective of the prov1s1ons of this paragraph 33, AOS, at its sole option, may choose to repair the system, replace the system or refund monies without incurring any liability to Customer. Should AOS elect to repair, replace or refund monies AOS' shall not undertake any expenditure in excess of any monies paid to AOS by Customer.

34. Non-waiver. No term or provision of this Agreement will be deemed waived and no breach will be deemed excused unless such waiver or consent will be in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of, a breach by the other will constitute a consent to, waiver of, or excuse for any different or subsequent breach.

35. Partial invalidity. If any provision of this Agreement is held to be unenforceable, the remaining provisions will continue in full force and effect. In addition, the parties or the court will modify any unenforceable provision so as to make it enforceable under applicable law, while keeping the modified provision as consistent as possible with the original intent of the parties.

36. Assignment. Neither party's rights or obligations under this Agreement (except the right to receive money) will be assigned or delegated without the written consent of the other party, except that either party may without such consent assign all of its rights and delegate all of its obligations under this Agreement to an entity: (a) which such party owns or controls; (b) by which such party is owned or controlled; or (c) which is under common ownership or control with such party. In addition, Customer may with AOS's consent assign its rights and delegate its obligations under this Agreement to an entity to which Customer transfers substantially all of its assets relating to this Agreement. Any consent required by this paragraph will not be unreasonably withheld, conditioned or delayed. In the case of any assignment permitted hereunder without the other party's consent, the assignor will promptly notify the non-assigning party in writing of the assignment and will include in its notice a statement of the facts that permit assignment without consent.

7

37. Successors and assigns. This Agreement will inure to the benefit of and be binding upon the respective successors and assigns, if any, of the parties. Nothing in this paragraph will be construed to permit any attempted assignment that would be unauthorized pursuant to any other provision of this Agreement.

38. Construction. The paragraph headings in this Agreement are for reference purposes only and will not be deemed a part of this Agreement. The wording used in this Agreement is the wording chosen by the parties to express their mutual intent, and no rule of strict construction will apply against either party.

39. Entire agreement. If Customer's purchase order form is provided to AOS in connection with this Agreement, the terms and conditions of that form will be superseded by the provisions of this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.

40. Governing law. This Agreement will be governed by the laws of the State of Kansas, without reference to conflict of law provisions. However, if any version of the Uniform Computer Information Transactions Act (UCIT A) is or becomes a part of the law of the aforementioned state, said statute will not govern any aspect of this Agreement, and instead the law as it existed prior to the enactment of that statute will govern.

41. Consents, permissions and approvals. If a provision of this Agreement requires one party to obtain the other party's written consent, permission or approval (or similar indication of agreement) with respect to a specified matter, such consent, permission or approval (or similar indication of agreement) will, unless otherwise expressly stated in the applicable provision of this Agreement, be valid if and only if it is given on a paper document manually signed in ink by an authorized representative of the party giving such consent, permission or approval (or similar indication of agreement). Notwithstanding the foregoing: (a) if the party's authorized representative faxes such a manually-signed paper document to the other party, the faxed copy of the manuallysigned paper document will be valid to the same extent as the original; and (b) in no

WA 867475.2

event may any provision of this Agreement be changed via email or by any document which is signed by only one party.

42. Notices. If a provision of this Agreement specifies that a "notice" to the other party must be "written" or "in writing", or that a party is to "notify" or give "notification" to the other party in writing, then the written notice, to be valid, must comply with the following requirements unless (and to the extent) the provision of this Agreement in which the written notice is referenced expressly allows deviation from these requirements. The requirements are as follows: (a) the noti~e must be written on a paper document that 1s addressed to the party's designated notice recipient and is either faxed to the notice recipient's fax number shown below or delivered to the notice recipient's address shown below; and (b) except in the case of a faxed notice, delivery of the notice must either be in person (with a signature from the notice recipient acknowledging the date of receipt), or through the use of an

Notices to Customer:

Facsimile #: _________ _

independent courier that provides or maintains a record of the delivery date, or by prepaid certified or registered . mail wit.h a return receipt requested. Wntten not1ces that meet these requirements will be deemed to have been "given": (i) in the case of a faxed notice, when the transmitting party obtains machine confirmation that all pages of the faxed notice have been successfully transmitted to the correct fax number; (ii) in the case of a notice sent by courier, when the notice is actually delivered to the notice recipient's address; and (iii) in the case of certified or registered mail, three days after the notice is deposited in the U.S. Mail, properly addressed and with post~ge prepaid. The parties' desi~nated not!ce recipients, along with their respective addresses and fax numbers, are set forth below. Either party may change its designated notice recipient, or the fax number or address of the notice recipient, by giving written notice to . t~e other i.n compliance with the prov1s1ons of th1s paragraph.

Notices to AOS: AOS 12980 Foster Street Ste 300 Overland Park, KS 66213

ATTN: ---------------------Facsimile#: _________ _

THE PARTIES HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND BY SIGNING BELOW AGREE TO BE BOUND BY IT. EACH PARTY REPRESENTS THAT THE INDIVIDUAL SIGNING ON ITS BEHALF HAS FULL AUTHORITY TO BIND SUCH PARTY.

CUSTOMER AOS

By: _____________ _ By: _____________ _

Printed name: ___________ _ Printed name:

Title: ---------------------------- Title:--------------------------

Date: ------------------------- Date:

8

Rev. 09/2013 ATTACH)IENTTO

SHAWNEE COUNTY CONTRACT C ___ _

CONTR~CTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to wl1ic h it is attached and made a part thereo( said contract being dated the ___ day of ---------20_.

I. Tt:R~lS HEREJN CONTROLLING PROVISIONS. I! is expressly agreed that the tcrms 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 1he contract in which this attachment is incorporated.

2. AGREE~lENT WITII KANSAS LAW. Jt is agreed by and between the undersigned that all disputes and matters whatsoever arising under. in connection with or incident to this contmct 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, gowrned by. and construed according to the Jaws of the State of Kansas.

3. TERMINATION DUE TO lACK OF FUNDING APPROI'RIATION. Shav.ncc County is subject to the Kansas Cash Basis Law, K.S.A. I O-Il 0 I el seq. If, in the judgment of the Financial Administrator. Audit-Finance Otlice, sufficient fWlds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may tem1inate 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 ewnt this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual pa}ments incurred through the end of such fiscal year. The tennination of the contract pursuant to this paragraph shall not cause any penalzy to be charged to the County or the contractor.

4. DISCLAIMER OF LIABILITY. Neither the Coun!y of Shawnee nor any department thereof shall hold harmlc:ss or indemnify any contra..-tor for any liability whatsoever.

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: {a) to comply with the Kansas Act Against Discrimination (KS.A. 44-100 l et seq.) and the Kansas Age Discrimination in Employment Act. (K.SA 44-1111 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 mce, religion, color, sex, disabillzy, 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.S.A. 44-1031 and K.S.A. 44-1116: (d) to include those provisions in every subcontmct or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with t11e 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 (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the Coun!y. Parties to this contract understand that subsections (b) through (e) of this pamgraph 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. AcCEPTA:-ICE OF CONTRACT. l11is 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 Cmmty of Shawnee. Kansas.

7. ARBITR-\TION, 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 penaltJes upon the occurrence of a contingency. Further, the County shal I not agree to pay attorney tees and late payment charges: and no provisions will be given effect which attempts to exclude, modifY, disclaim or otherwise attempt to limit i{)lplied warranties of merchantability and fitness for a particular purpose.

8. REPRESEi'<'TATIVE'S AUTHORJTY TO CONTRACT. 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 contr.1ctor and thut the contractor agrees to be bound by the provisions thereof

9. RESPONSIBILITY FORT AXES. The County shall not be responsible tor. nor indemnitY a contractor for, any federal, state or l0<-":11 taxes which may be imposed or levied upon the subject matter of this contracl.

I 0. INSUR~NCE. The County shan 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 Coun!y to establish a "self-insurance" fund to protect against any such loss or damage. Subjt'Ct to the provisions of the Kansas Tort Claims Act (K.SA 75-610 I e/ 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.

By:

I ('r:;-ic)a,,jf;_k/rs I

Title:

;;k;/s-Date: 7 I

BOARD OF COUNTY COIHMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J Cook, Chair

Date:

ATIEST:

C:,nthia A. Beck, Shawnee County Clerk

Shawnee County

+ ' recreation October 28, 2015

TO:

FROM:

RE:


John E. Knight, Director }. Parks + Recreation

Amend Contract C329-2015- Wolf Construction, Inc. Asset Management

Board of Commissioners approval is requested to amend and extend the contract between Wolf Construction, Inc. and Shawnee County for the construction of a perimeter wall at Old Prairie Town.

On August 29, 2015, the Board of Commissioners approved Contract C329-2015 for the purpose of the construction of a sound wall at Old Prairie Town at the Historic Ward-Meade site. The goal of the project is to reduce the noise level of the traffic on I -70, thereby creating a better patron experience at the park.

Wolf Construction, Inc. is requesting to extend the agreement through November 24,2015. This time frame would enable Wolf Construction, Inc. to complete the job. Several factors have worked against their ability to start their work. The primary factors included the Westar electrical connection delays and the completion of the Annual Apple Festival.

Parks + Recreation is supportive of this request for the extension and the extension would not adversely impact the project or the ability of the department to provide programming at the park.

JEK/lrk TB Attachment

~ " ; "' " '

parks.snco,

, Shawnee Count~ Parks + Recreation • 3137 SE 29th Street • To"ka, KS 66605 • (785) 251·2600 ' ' '

SHAWNEE COUNTY CONTRACT NO. C~ ~- 2015

ADDENDUM #1 To SHAWNEE COUNTY CONTRACT No. C 329-2015 BETWEEN THE BOARD OF SHAWNEE COUNTY COMMISSIONERS AND WOLF CONSTRUCTION, INC.

TillS ADDENDUM is made and entered into effective the ___ day of ____ _ 2015, by and between THE BOAR)) OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS ("COUNTY"), and WOLF CONSTRUCTION, INC .. ("CONTRACTOR'').

WHEREAS, the parties have executed Shawnee County Contract No. C 329-2015 for the Construction of Sound Barrier at Old Prairie Town at Ward Meade (Project); and

WHEREAS, the parties mutually desire to extend the Project's completion date from October 30,2015 to November 24,2015.

NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the pa1iies hereby agree as follows:

l. "Section 2 - Term" of Shawnee County Contract No. C 329-2015 is hereby amended to read as follows:

SECTION 2- TERM

This Agreement shall commence on the date listed above. Contractor shall complete all work required in the Plans and Specifications on or before November 24, 2015. In the event Contractor shall be delayed in perfmming any work due to bad weather not reasonably anticipated, fire or other Acts of God, the date for achieving substantial completion, or as applicable final completion shall be appropriately adjusted by County upon \Vtitten claim of Contractor to County. For bad weather conditions day adjustment, it shall be Contractors' responsibility to notify County by 10:00 a.m. any day when such bad weather occurs. County's

. representative for this purpose is Bill Riphahn, Park Planner/Project Manager, who can be contacted at (785) 25lw2600.

2. All other terms and conditions of Shawnee County Contract No. C 329-2015 shall remain in effect.



Bertels, Terry

From: Sent: To: Cc: Subject:

Terry,

Sean Leiker [[email protected]] Wednesday, October 28, 2015 6:20AM Bertels, Terry Riphahn, Bill; Dave Gary Sound Wall at Ward-Meade

I'm requesting an extension on our completion date for the sound wall at Ward-Meade. Due to the electrical connection delays, I would ask that we could extend our end date to November 24th. If you should have any questions please give

me a call.

Thank you.

Sean M. Leiker

W Q L F [email protected] Office: 785-862-2474 Mobile: 785-230-2416

· .r ':rl if\: 1TY hJ.__,. contain::ci \', 1-1~, · ;:~. i.1ti-__ ·~\_. r, dy fLJr LL'·:·· t--:f~:;:. il~d~~·~:·:~ ·: cr ·:r'.t:J\· ~·: ·, ... -,.

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1

:,,-;.'/

Shawnee County

r + -recreation November 2, 2015

TO:

FROM:


John E. Knight, Director_}.. Parks + Recreation

RE: Emergency Purchase- Ward-Meade Mansion Roof Repairs Asset Management

Board of Commissioners approval is requested of the attached invoice from Gardner Roofing, Inc. in the amount of $16,900 for emergency roof repairs to the Ward Meade Mansion.

The repairs were urgent and unexpected where the conservation of public resources was at risk. Specifically these resources included the Ward-Meade Mansion and contents of the mansion. The shake shingle roof of the Ward-Meade Mansion had deteriorated and a family of raccoons found its way through a ceiling in the mansion and did cause some damage to the interior contents of the mansion. The animals were able to find weak spots in the older roof and open them up enough to gain entrance, exposing the interior of the building to the elements and placing the exhibits at risk.

The Emergency Purchase Form was submitted and approved by the Audit-Finance Department on August 11, 2015. Funding is requested through the Parks and Recreation Building Maintenance Fund.

JEK/lrk TB Attachment(s)

parks.snco.

: Shawnee County Parks + Recreation • 3137 SE 29th Street • Topeka, KS 86605 • (785) 251-2800 '

Invoice

Date Invoice No~

10/28/15 6085

Bill To:

Dave McEntire RE: Ward Meade Mansion

Item

Description

Description

Contract labor and materials to tear off wood shingles on damaged section of upper roof. To install new:

- #1 cedar wood shingles and Ridge - Painted 'W' valley - Painted metal around all edges - 7 /16" crown x 2" long staples - Pipe Collars

Thank you for your business.

~------c~r~IN!1~R RESIDENTIAL • COMMERCIAL

1'1 KANSAS 1 ... ~9_9FING

:::.::= H! ~SJOCIATION

Terms

~ ..,... BBB.

Due on receipt

Quantity Rate

16,900.00

Total

Due Date

10/28/15

Total

16,900.00

$16,900.00

4614 SW Topeka Blvd. Topeka, KS 66609 Phone: (785) 228-0088 Fax: (785) 783-7810

'P~Wudftt ~ tM 7~ evzea ~ cwe~t 40 ~·

EMERGENCY PURCHASE FORM

INSTRUCTIONS: Submit form in duplicate to: Shawnee County, Audit-Finance and Purchasing, 200 SE 1th, Room 201, Sha\·1nee County Courthouse, Topeka, Kansas 66603

Acquisition in the amount of $16,900 is requested for payment.

Emergency - an urgent and unexpected requirement where health and public safety or the conservation of public resources is a risk.

Vendor: Gardner Roofing, Inc.

Address: 4614 SW Topeka Blvd, Topeka, KS, 66609

1. Description of Material or Service:

Tear off and replace shake shingle roof on the mansion at Old Prairie To\·m at Historic 'l'lard Meade Park, The roof has been damaged by raccoons that have opened up holes and gained access to the museum and office portions of the building. This of course also allot"s rain to get into the building jeopardizing the structure and historical contents.

Parks and Recreation is working to resolve the problems with the raccoons through a licensed nuisance animal control person.

Due to the historical designation of the building it is required that we replace the existing wood shake shingles with shake shingles and not some oth~r roofing product.

~ve have received three informal quotes from roofing companies and -Gardner is the 10\vest by approximately $2, 000,

-------------------------------------------------------------------------------------DEPARTMENT USE ONLY

Department Name:_~P~a~r~k~s~a~n~d~R~e~c~r~e~a~t~i~o~n~----------~·t~~-- Telephone: 251-2659

'Lv'""" Agency Approval:

Date: J/ll(JJ..-1 I

Terry L. Bertels, Deputy Director~ Properties, Planning and Assets,

(Signature and Title) -------------------------------------------------------------------------------------

AUDIT-FINANCE PURCHASING USE ONLY

'" Approved by:___s:~~~~c;L.,----,#;---(;..,...~.£?-~~:::::::::~-----Date 00~

(Revised 2/12/14)

DATE:

TO:

FROM:

November 4, 2015


Bill Kroll, Facilities Maintenance Director

Shawnee County Facilities Maintenance

200 SE ylh Street Topeka, KS 66603

(785) 291-4490

SUBJECT: Request for approval to accept the bid from Davis Fence to replace approximately 455 linear feet of 8 foot high, cedar privacy fence adjacent to the Noxious Weeds Building and Expo Centre lots along the 1900 block of Western Avenue

• Existing fence over 30 (thirty) years old badly rotted and falling down and beyond further repair. • Very few, if any, of the existing pickets, posts or cross beams are even salvageable for re-use

due to rot. • Fence provides both privacy and security for Expo and Noxious Weed properties. • New cedar fence will blend well with existing City of Topeka fence utilized at TFD #5.

Davis Fence submitted the lowest, of seven (7) bids (including alternates for steel posts) of $14,150.To be expensed through the Capital Deferred Maintenance Fund.

Respectfully,

<-. t

' {

Bill Kroll Facilities Maintenance Director

Cc: Betty Greiner, Director of Administrative Services

Date:

To:

From:

Re:

November 4, 2015

SHAWNEE COUNTY DEPARTMENT of PUBLIC WORKS

1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867 785-251-6101 FAX 785-251-4920

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

COUNTY ENGINEER

MEMORANDUM

Board of County Commissioners 1

/

ThomasF.Flanagan,P.E. ~1/v~} ~11.-.. Deputy Director of Public Works

Project Budget and Request to Accept Construction Bids -NW Carlson Road (Willard) Bridge over the Kansas River I BSN 130 Shawnee County Project No. S-121015.00

Presented for your consideration and approval are the project budget for the replacement of the NW Carlson Road (Willard) Bridge over the Kansas River and a request for authorization to let the project for construction bids.

This project budget is necessary to draft an agreement with Wabaunsee County and will be attached as part of the agreement. The final agreement with Wabaunsee County will be presented to the Board of County Commissioners for approval at a future date.

Funding sources for the replacement of the NW Carlson Road (Willard) Bridge over the Kansas River will come from a combination of the following sources:

Entity Amount Funding Sources Shawnee County $23,546,466. • 2004 Countywide Y2-cent Sales Tax Residual

• KDOTLoan

• 2017 Countywide Y2.-cent Sales Tax Extension

• KDOT/Shawnee County Federal Obligation Authority Funds Exchange Program

• Account 36IF000/391000000- Road & Bridge Federal Projects Local Match Funds

• Temporary Financing/General Obligation Bonds (ifnecessary)

W abaunsee County $1,158,406. To be determined by Wabaunsee County Board of County Commissioners

Additionally, it is requested that the Shawnee County Department of Public Works (SCDPW) be authorized to let the project for construction bids in an attempt to obtain bids during a competitive bidding climate as well as allow the project to begin by late winter/early spring in order to complete the project by December 2017. Starting the project in a timely manner should allow the

work to be completed in two construction seasons as opposed to three which should significantly reduce overall costs (See attached Bidding/Project Schedule). Additionally, the existing bridge will be able to be taken out of service much sooner if we are able to follow this schedule.

Due to the availability of several of the various funding sources identified, taking bids in December should not affect the timing of receipt of those funding sources.

Therefore, it is the recommendation of the SCDPW that this Project Budget be approved and authorization granted to SCDPW to take bids on December 18,2015 as listed in the attached Bidding/Project Schedule.

Attachments

LOCATION:

ATTACHMENT A

PROJECT BUDGET NW Carlson Road Bridge over Kansas River I BSN 130

Shawnee County Project No. S-121015.00

NW Carlson Road Bridge over Kansas River, 1.5 mi. south of US Hwy 24 on NW Carlson Road

DESCRIPTION OF PROJECT:

Replace an 2,298' Long Steel Deck Truss Bridge with 24.0' wide roadway constructed in 1953 with a Welded Plate Girder I Prestressed Concrete Beam Span bridge with a 36' wide roadway and 8' sidewalk. The existing bridge has been inventoried as being Fracture Critical, Structurally Deficient and Functionally Obsolete.

SOURCE OF FUNDS:

Shawnee County: 2004 Countywide 112 cent Sales Tax Residues I KDOT (No Interest) Loan 12017 Countywide 112 cent Sales Tax Extension I Shawnee County Temporary Notes to be Bonded Wabaunsee County: To be determined by Wabaunsee Board of County Commissioners (Percentage split based on 2014 Assessed Valuations per K.S.A. 68-1122)

PROJECT COST ESTIMATE:

Shawnee Wabaunsee

ITEM County County TOTAL Construction $20,035,000 $19,088,286 $946,714 $20,035,000 Design $802,043 $39,779 $841,822

Plans & Specs $815,625 Value Engineering $26,197

Construction EnQineerinQ $1,803,150 $1,717,946 $85,204 $1,803,150 Riqht-of-Way $114,900 * $114,900 Appraisal Services $3,600 Acquisition Services $0 Easement Cost $111,300

Permits wiUPRR $35,000 $33,346 $1,654 $35,000 Utility Relocation $75,000 $75,000 # $75,000

Westar Energy

OsageRWD#B

Contingencies $1,350,000 $1,286,208 $63,792 $1,350,000 Temp Financing Costs $450,000 $428,736 $21,264 $450,000

TOTAL $24,704,872 $23,546,466 $1,158,406 $24,704,872

* Wabaunsee County is responsible for 100% of Right-of-Way costs located in Wabaunsee County # Wabaunsee County is responsible for 100% of cost of Utility Adjustments located in Wabaunsee County

CASHFLOW PROJECTION Expenditures Projected Expenditures 2009 -2014 2015 2016 2017

Design $726,197 $115,625 Right-of-Way $3,000 $111,900 UPRR Agreement $35,000 Utility Adjustments $75,000 Construction $8,014,000 $12,021,000 Construction Engineering $721,260 $1,081,890 Contingencies $540,000 $810,000 Temp Financing $180,000 $270,000

$729,197 $262,525 $9,455,260 $14,257,890

PROJECT ENGINEER: Thomas F. Flanagan, P.E.

Total $841,822 $114,900 $35,000 $75,000

$20,035,000 $1,803,150 $1,350,000

$300,000 $24,704,872

Item 1 2 3

4

5

6

7

8

9

10

11

NW Carlson Road (Willard) Bridge over the Kansas River I BSN 130 Project No.: S-121015.00

BIDDING SCHEDULE

Description Doc 020, Invitation to bid emailed to SNCO Project Engineer 1st Publication- Metro News 2nct (Final) Publication- Metro News Bid Opening@ 2:00PM in Commission Chambers, Shawnee County Courthouse Shawnee County Department of Public Works Notifies Successful Bidder of intent to Award Contract. Included in notification will be three (3) unsigned counterparts of the Agreement and all other Contract Documents. Contractor returns three (3) executed Agreements, Performance and Statutory Bonds, Insurance to Shawnee County Public Works attn: Tom Flanagan PE

Contract Awarded by Board of County Commissioners

Shawnee County Department of Public Works returns three (3) fully executed copies of Agreement and Contract Documents to the Contractor including Tax Exemption Certificate Pre-Construction Conference at 1:30 PM, Shawnee County Annex, Public Works Conference Room, rct Floor, 1515 NW Saline Street, Topeka, Kansas.

Construction Start Work Order issued

Substantial Completion

Final Payment & Acceptance

Due Date Monday November 16, 2015 Monday, November 23, 2015 Monday, November 30, 2015

Friday, December 18, 2015

Tuesday, December 22,2015

NOON- Friday, January 8, 2016

Thursday, January 14, 2016

Friday, January 15, 2015

Wednesday, January 20, 2016

Monday, January 25,2016

Close of Business, Friday December 1, 2017 Close of Business, Friday, Friday December 22,2017

Items 4 through 11 shall be listed in Document 820 - Supplementary Conditions

I