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BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS 1. GraceMed 4th Quarterly Report-Alice Weingartner, Director of Community Development for GraceMed. II. UNFINISHED BUSINESS III. CONSENT AGENDA I. Consider granting a permanent public right-of-way easement across portions of Lots I 02, I 04, I 06 and I08 owned by the County to maintain the newly aligned NW Carlson Road and associated storm sewers constructed as part of the project to replace the Willard Bridge-Public Works/Solid Waste. 2. Consider authorization and execution of Contract C39-2018 with Alexander Open Systems for annual maintenance of a Wireless LAN Controller used in the Dept. of Corrections at a cost of $709.60, with funding from Corizon, a contractor of medical services for inmates-Information Technology. 3. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $2,700.30-District Attorney. IV. NEW BUSINESS A. COUNTY CLERK- Cynthia Beck 1. Consider all voucher payments. 2. Consider correction orders. 3. Consider renewal of tax exemptions for Big Heart Pet Brands for year 2 (28 maintained positions), year 4 (33 maintained positions), year 7 (50 maintained positions) and 92 percent exemption for year IO (69 out of75 positions maintained). B. PARKS+ RECREATION- John Knight I. Consider authorization and execution of Contract C40-2018 with Silverbackks to provide Parks + Recreation facilities (Central Park, Garfield and Hillcrest Community Centers) at no cost to Silverbackks for administering the SilverSupper program to youth under 18 years of age. C. COUNTY COUNSELOR- Jim Crowl 1. Consider approval of Resolution No. 2018-7 authorizing the initiation of eminent domain proceedings to acquire a permanent public right-of-way easement necessary for the construction of the NW Button Road over Tributary to Halfday Creek, .3 miles north ofNW 46th Street project. D. HEALTH DEPT.- Linda Ochs 1. Consider approval of request to fill a vacant Masters Social Worker position at a salary, including benefits, of $58,243.00. 2. Consider authorization and execution of Contract C41-2018 with the Nurse Family Partnership to provide outreach, prevention and early intervention services from August 1, 2017 through July 31, 2020.

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Page 1: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM

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

1. GraceMed 4th Quarterly Report-Alice Weingartner, Director of Community Development for GraceMed.

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

I. Consider granting a permanent public right-of-way easement across portions of Lots I 02, I 04, I 06 and I08 owned by the County to maintain the newly aligned NW Carlson Road and associated storm sewers constructed as part of the project to replace the Willard Bridge-Public Works/Solid Waste.

2. Consider authorization and execution of Contract C39-2018 with Alexander Open Systems for annual maintenance of a Wireless LAN Controller used in the Dept. of Corrections at a cost of $709.60, with funding from Corizon, a contractor of medical services for inmates-Information Technology.

3. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $2,700.30-District Attorney.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

3. Consider renewal of tax exemptions for Big Heart Pet Brands for year 2 (28 maintained positions), year 4 (33 maintained positions), year 7 (50 maintained positions) and 92 percent exemption for year IO (69 out of75 positions maintained).

B. PARKS+ RECREATION- John Knight

I. Consider authorization and execution of Contract C40-2018 with Silverbackks to provide Parks + Recreation facilities (Central Park, Garfield and Hillcrest Community Centers) at no cost to Silverbackks for administering the SilverSupper program to youth under 18 years of age.

C. COUNTY COUNSELOR- Jim Crowl

1. Consider approval of Resolution No. 2018-7 authorizing the initiation of eminent domain proceedings to acquire a permanent public right-of-way easement necessary for the construction of the NW Button Road over Tributary to Halfday Creek, .3 miles north ofNW 46th Street project.

D. HEALTH DEPT.- Linda Ochs

1. Consider approval of request to fill a vacant Masters Social Worker position at a salary, including benefits, of $58,243.00.

2. Consider authorization and execution of Contract C41-2018 with the Nurse Family Partnership to provide outreach, prevention and early intervention services from August 1, 2017 through July 31, 2020.

Page 2: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

E. ADMINISTRATIVE SERVICES- Betty Greiner

I. Consider approval ofrequest for one employee from Audit Finance to attend the 2018 Government Finance Officers Association Annual Conference at a cost of approximately $1,350.00.

F. COMMISSION

1. Reflect that Commissioner Archer has reapJ>ointed Eric Stafford to the Third Judicial Nominating Commission for a term beginning March 5 , 2018 and ending March 7, 2022.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

Page 3: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

GraceMed HEALTH CLINIC

Phone- 316.866.2000 1122 N. Topeka St.- Wichita, KS 67214 Fax- 316.866.2083

TO:

FROM:

DATE:

RE:

Shawnee County Board of County Commissioners

Betty Greiner, Director, Audit-Finance

Dave Sanford, CEO & Alice Weingartner, Director of Community Development

January 24, 2018

GraceMed 4th Quarter Report

Attached is the 4th quarter report for 2017. The report reflects a year's worth of data. Federally

Qualified Health Center (FQHC) such as GraceMed are required to report data on an annual

basis to Health Resources Services Administration (HRSA) to meet grant requirements. Data is

finalized and confirmed with HRSA each spring. Should there be a significant change to

GraceMed's data, we can provide updated information.

GraceMed's oral health outreach program continues to serve 19 schools in Shawnee County. It

is anticipated we may add as many as three new schools in the 2018-2019 school year. We are

pleased to be providing services in at least one location in each of the Shawnee County school

districts as well as several private schools.

Project Wellspring, our capital campaign to raise funds for the remodeling of 1400 SW. Huntoon

continues to go well. We continue to work to raise funds needed in order to meet $500,000

Mabee Challenge Grant. Deadline to meet this challenge is October 2018.

Individuals and organizations interested in learning more about GraceMed or Project

Wellspring can contact Alice Weingartner at 785-478-5901 or [email protected]. We

appreciate the opportunity to connect with individuals and organizations and make them aware

of our programs and services.

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Count of

Count of Count of Count of Patient Patients Patients Row Patient language

Row labels Gender Gender% Labels language % Female 5103 65%! English 5945 75% Male 2808 35% Indian 2·•···· ::····,:.0% Unknown 0 0% Spanish 1179 15%

Grand Total 7911 100%1 Other 26 .• ··;, 0% Count of Patient Count of

Blank 759 9% Row Labels Ethnicity Pt

Count of Count of Patient Patient Age Age Grand

I

Row Labels Group Group% Total 7911 99% Hispanic or Latino 2125 27%

65 Yrs or Older 472 6% Indian (includes Hindi & Tamil) Not Hispanic or Latino 3748 47% . '· . UnreportedfKerusea

Between 18 - 64 Yrs 5954 75% Less.than l%··(1ndian·&•other). 1 to Report 279 4%j

Under 18 Yrs 1485 19% Blank 1759 22%1

Grand Total 7911 100% I Unduplicatedd Pat. I 7911j Grand Total 7911 100%!

Page 5: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone
Page 6: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Date: January 23, 2018

. ll ) Shawnee County

Department of Public Works _j__ 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

To: Board of County Commissioners for CONSENT AGENDA

From: Thomas F. Flanagan, P.E. ~ ;l. frcr~ Deputy Director of Public Works J

Re: Permanent Public Right-of-Way Easement Lots 102, 104, 106 and 108 in the City ofWillard, Kansas Project No. S-121015.00

Presented for your consideration is a Permanent Public Right-of-Way Easement across portions of Lots 102, 104, 106 & 108 in the City ofWillard, Kansas owned by the Board of County Commissioners.

The Board of County Commission purchased Lots 102, 104, 106 and 108 from Rickey D. & Cindy K. Miller; Contract C190-2015 dated May 18, 2015 and secured by Kansas General Warranty Deed dated October 15, 2015.

This described pennanent public right-of-way easement across parts of Lots 102, 104, 106 & 108 allows the Board of County Commissioners to maintain newly aligned NW Carlson Road and associated storm sewers constructed as part of the project to replace the Willard Bridge.

Shawnee County Department of Public Works recommends that this Permanent Public Right-of­Way Easement be granted and executed by the Board of County Commissioners.

attachment

Page 7: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Shawnee County

Information Technology Room 2os, Courthouse

200 SE 7th Street Topeka, Kansas 66603-3933

Memorandum

DATE:

To:

From:

RE:

January 24, 2018

Board of County Commissioners

Pat Oblander, Information Technology Director

Cisco Wireless LAN Controller support contract paid by Corizon.

The Information Technology department is requesting authorization to set up a one year maintenance agreement with Alexander Open Systems for support of a Wireless LAN Controller used in the Department of Corrections at a cost of $709.60. This cost will be paid by Corizon, a contractor that provides medical services for inmates of the Shawnee County Department of Corrections.

Effective in January 2018, Corizon began an enhanced medical and mental health services program for the adult and juvenile residents. The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone in the facility for real time record updates related to medication distribution for inmates.

All costs for this contract will be billed to and paid by Corizon, as part of the agreement we hold with that company.

CPO/mro

·---fax 785-2gf_f;g07 phone 785-2-J.J-8200 exl 40.JO

Page 8: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Alexander Open Systems, Inc. SHAWNEE COUNTY CONTRACT #\3'\ .. ~o~u~~::~~~:

QUOTATION

Kansas City Wichita Epic Center

Topeka

Date::

0132720

SHAWN-004

1/1512018 12980 Foster #300 Overland Park, KS 66213 Phone: 913-307-2300 Fax: 913-307-2380

301 N. Main #1850 Wichita, KS 67202 Phone: 316-269-1400 Fax: 316-269-1403

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

Sales Rep: JEREMIAHN

Designer: RACHAELW

Please visit www.aos5.com for a complete listing of all service areas

QUOTE TO:

ACCOUNTS PAYABLE SHAWNEE CO. INFORMATION TECH. 200 SE 7TH SUITE 200 TOPEKA, KS. 66603

Phone: (785) 251-4159

Fax: (785) 291-4965

ANNUAL CISCO SMART NET TOTAL CARE RENEWAL NOTIFICATION

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

• Smart Net Total Care 8x5xNBD coverage (CON-S NT): 94524520

Terms of Renewal: ONE YEAR

Actions Requested: 1. It is strongly recommended that serial numbers denoted be verified for accuracy. 2. Denote any equipment location changes or removals from service. 3. Authorize and return as soon as possible for account maintenance and accurate billing.

Thank you for the opportunity to be of service!

PRICING REFLECTS KANSAS STATE CONTRACT#38294 PR NO 014436

QTY

1.00

MFG PART NO.

CONTRACT #94524520 SNT

AIR-CT2504-25-K9

SERIAL NO.

PSZ21371BLJ

SHIP TO:

JOATKINSON SHAWNEE CO. INFORMATION TECH. 1515NWSALINE SUITE 225 TOPEKA, KS 66618

EQUIPT LOCATION lsEGIN DATE I END DATE I

TOPEKA 1/15/18 1/14/19

Merchandise Total

Shipping

Document Total

Above quoted pricing is valid until3/15/2018.

PRICE

709.60

Quoted pricing does not include sales ttL 'C. Sales tax, if applicable, will be charged on final invoice. All taxable items will be charged appropriate tax rates based on end users jurisdiction. If cu.domer is tax exempt, a valid tax exemption permit must be on file with AOS at the time of billing.

Total solutitm financing* is available. Ask your account manager how you can avoid up front cost and pay for your solution €1Ver time. 11Restrictions apply. Subject to credit approval and documentation.

Customer signature constitutes agreement with all AOS Terms and Conditions, which may be found at htt1J:/Iwww.aosS.com/terms in addition to any addendums shown on this quote.

Customer Signature Date

EXT. PRICE

709.60

$709.60

709.60

0.00

$709.60

Page 9: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

. I 1/19/2018 Terms & Conditions - Alexander Open Systems

• Toll Free: 1~800-473-1110 -..... • Online Ordering • SUllPOrt • Client Portal • f • in . .,

llOS A £1 Convarge011a COMI1ANY

Main navigation

Solutions v

Terms & Conditions

Industries Resources v

PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.

About v Contact

THE TERMS AND CONDITIONS OF PRODUCT SALES AND SERVICE PROJECTS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU ("CUSTOMER .. ) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY. GIVEN.

BY ACCEPTING DELIVERY OF THE PRODUCTS OR BY ENGAGING THE AOS AFFILIATE IDENTIFED ON THE INVOICE, STATEMENT OF WORK OR OTHER AOS DOCUMENTATION ("SELLER") TO PROVIDE PRODUCT OR PERFORM OR PROCURE ANY SERVICES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.

ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS OR SERVICES AND RESULTS THEREOF POSTED ON THE WEBSITE DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN SELLER AND CUSTOMER.

Important Information About These Terms and Conditions These Tetms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either "Terms and Conditions" or this "Agreement". Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or otherwise requesting products (the "Products") or engaging Seller to perform or procure any Services (as this and all capitalized tenns are defined herein). These Terms and Conditions are subject to change without prior notice, except that the Tenns and Conditions posted on the Site at the time Customer places an order m· signs a Statement of Work will govern the order in question, unless otherwise agreed in writing by Seller and Customer.

Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.

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1/19/2018 Terms & Conditions- Alexander Open Systems

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions or any pw-chase order or invoice, or any document in electronic or written fonn that is signed and delivered by each of the parties for the performance of Services other than Third Party Services (each, a "Statement of Work"). This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof

Governing Law THESE TERMS AND CONDITIONS, ANY STATEMENTS OF WORK, THE SERVICES HERE UNDER AND ANY SALE OF PRODUCTS HERE UNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF KANSAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN JOHNSON COUNTY, KANSAS, AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions more than one (1) year after the cause of action has arisen. The rights and remedies provided Seller under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law.

Risk of Loss If Customer provides Seller with Customer's carrier account number or selects a carrier other than a carrier that regularly ships for Seller, title to Products and risk of loss or damage during shipment pass from Seller to Customer upon delivery to the carrier (F.O.B. Origin, freight collect). For all other shipments, title to Products and 1isk of loss or damage during shipment pass from Seller to Customer upon delivery to the specified destination (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and Customer's rights therein are contained in the license agreement between such licensor( s) and Customer. A purchase money security interest is retained in the Products to secure payment in full. Customer authorizes Seller to file a fmancing statement reflecting such security interest, and, if requested, Customer will record such purchase money security interest on its books.

Services Customers may order services (collectively, "Services") from or through Seller from time to time. Certain Services, including, but not limited to, extended warranty service by manufacturers, are sold by Seller as a distributor or sales agent ("Third Party Services").

In the case of Third Party Services, the third party shall be the party responsible for providing the services to the Customer and Customer will look solely to the third party for any loss, claims or dru.nages arising from or related to the provision of such Third Party Services. Customer hereby releases Seller and the entities that control, are controlled by, or are under common control with Seller ("Affiliates") from any and all claims ru.ising from or relating to the purchase or provision of any such Third Parties Services. Any amounts, including, but not limited to, taxes, associated with Third Party Services which may be col1ected by Seller will be collected solely in the capacity as an independent sales agent.

Where Services are ordered in a Statement of Work, each Statement ofWork hereby incorporates these Terms and Conditions and constitutes a separate agreement with respect to the Services performed. Seller, or any ofits Affiliates on behalf of Seller, may execute a Statement of Work. In the event of an addition to or a conflict between any term or condition ofthe Statement of Work and these Terms and Conditions, the terms and conditions of this Agreement will control, except as expressly amended in the applicable Statement of Work by specific reference to this Agreement. Each such amendment will be applicable only with. respect to such Statement ofWork and not to future Statements of Work. Changes to the scope of the Services described in a

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1/19/2018 Terms & Conditions - Alexander Open Systems

Statement of Work will be made only in a writing executed by authotized representatives of both parties. Seller will have no obligation to commence work in connection with any such change, unless and until the change is agreed upon in that writing executed by both parties. All such changes to the scope of the Services will be govemed by these Terms and Conditions and the applicable Statement of Work. Each Statement of Work may be signed in separate counterparts each of which shall be deemed an original and all of which together wiJl be deemed to be one original.

Cooperation In addition to any specific Customer duties set forth in any applicable Statement of Work, Customer agrees to cooperate with Seller in connection with perf01mance of the Services by providing (i) timely responses to Seller's inquiries and requests for approvals and authorizations, (ii) access to any infot"mation or materials reasonably requested by Seller which are necessary or useful as determined by Seller in connection with providing the Services, including, but not limited to, physical and computer access to Customer's computer systems, and (iii) all Required Consents necessary for Seller to provide the Services. "Required Consents'1 means consents or approvals required to give Seller, its Affiliates, and its and their subcontractors the right or license to access, use and modify all data and third party products. Customer acknowledges and agrees that the Services are dependent upon the completeness and accuracy of information provided by Customer and the knowledge and cooperation of the agents, employees or subcontractors ("Personnel'') engaged or appointed by Customer who are selected by Customer to work with Seller.

Seller will follow all reasonable Customer security rules and procedures, as communicated in writing by Customer to Seller from time to time.

Block Agreements Block Agreements allow you to take advantage of discounted services upon payment of the amotmt for the desired "Service Tier" (Bronze, Silver, Gold, Platinum, Diamond). Block Agreement dollars can be allocated to any combination of Skill Level at the rates and te1ms designated herein. The billed amount for the skill levels used will be deducted from your Block account as services are performed. Block dollars must be pre-paid, are non-refundable and must be used for services within 18 months of the contract date or they are forfeited. Under no circumstances are Block funds to be used for any product, software, SmartNet, Manufacturer maintenance or non-AOS provided setvice.

Access Seller may perform the Services at Customer's place of business, at Seller's own facilities or such other locations as Seller and Customer deem appropriate. When the Services are performed at Customer's premises, Seller will attempt to perform such Services within Customer's normal business hours unless otherwise jointly agreed to by the parties. Customer will also provide Seller access to Customer's staff and any other CUstomer resources (and when the Services are provided at another location designated by Customer, the staff and resources at such location) that Seller determines are useful or necessary f01· Seller to provide the Services. When the Services are provided on Customer's premises or at another location designated by Customer, Customer agrees to maintain adequate insurance coverage to protect Seller and Customer's premises and to indemnify and hold Seller and its Affiliates, and Its and their agents and employees harmless from any loss, cost, damage or expense (including, but not limited to, attorneys' fees and expenses) arising out of any product liability, death, personal injury or property damage or destruction occurring at such location in connection with the performance of the Services, other than solely as a result of Seller's gross negligence or willful misconduct.

Payment Orders are not binding upon Seller until accepted by Seller. Customer agrees to pay the total purchase price for the Products plus shipping (to the extent shipping is not prepaid by Customer)l including shipping charges that are billed to Seller as a result of using Customer's carrier account number. Terms of payment are within Seller's sole discretion. In connection with Services being performed pursuant to a Statement of Work, Customer will pay for the Services in the amounts and in accordance with any payment schedule set forth in the applicable Statement of Work. If no payment schedule is provided, Customer will pay for the Services as invoiced by Seller. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Seller. Seller, or any of its Affiliates on behalf of Seller may issue an invoice to

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1(19/2018 Terms & Conditions· Alexander Open Systems

Customer. Seller may invoice Customer separately for partial shipments, and Seller may invoice Customer for all of the Services described in a Statement of Work or any portion thereof. Customer agrees to pay interest on all past~due sums at the lower of one and one-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay for, and wi11 indemnify and hold Seller and its Affiliates harmless from, any app1icable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any Statement of Work, the Products or the Services. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Seller with the necessary supporting documentation. In the event of a payment default, Customer will be responsible for aU of Seller's costs of collection, including, but not limited to, court costs, filing fees and attomeys' fees. In addition, if payments are not received as described above, Seller reserves the right to suspend Services until payment is received.

Except as otherwise specified on an applicable Statement of Work, Customer will reimburse Seller for all reasonable ou~of-pocket expenses incurred by Seller in connection with the performance of the Setviees, including, but not limited to, travel and living expenses.

Export Sales If this transaction involves an export of items (including, but not limited to, commodities, software or teclmology) subject to the Export Administmtion Regulations, such items were exported from the United States by Seller in accordance with the Export Administration Regulations. Customer ag1:ees that it will not divert, use, export or re­export such items contrary to United States law. Customer expressly acknowledges and agrees that it will not export, re~export, or provide such items to any entity or person within any countty that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization :fi.·om the United States Government. The list of such counbies subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, Sudan, and Syria. Customer also expressly acknowledges and agrees that it will not export, re-export, or provide such items to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department's list of Specially Designated Nationals or on the United States Commerce Department's Detlied Persons List, Entity List, or Unverified List. In addition, manufacturers' wan·anties for exported Products may vary or may be null and void for Products exported outs.ide the United States.

Warranties Customer understands that Seller is not the manufacturer of the Products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Seller or its Affiliates. In purchasing the Products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the Products that may be provided by Seller or its Affiliates. SELLER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FI1NESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRlNGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY. Customer expressly waives any claim that it may have against Seller or its Affiliates based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a "Claim") with respect to any Product and also waives any right to indemnification from Seller or its Affiliates against any such Claim made against Customer by a third party. Customer acknowledges that no employee of Seller or its Affiliates is authorized to make any representation or wananty on behalf of Seller or any of its Affiliates that is not in this Agreement.

Seller warrants that the Services will be performed in a good and workmanlike manner. Customer's sole and exclusive remedy and Seller's entire liability with respect to this warranty will be, at the sole option of Seller, to either (a) use its reasonable commercial efforts to reperform or cause to be reperformed any Services notin substantial compliance with this warranty or (b) refund amounts paid by Customer related to the portion ofthe Services not in substantial compliance; provided, in each case, Customer notifies Seller in writing within five (5) business days after performance of the applicable Services. EXCEPT AS SET FORTH HEREIN OR IN ANY STATEMENT OF WORK THAT EXPRESSLY AMENDS SELLER'S WARRANTY, AND SUBJECT TO

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1/19/2018 Terms & Conditions - Alexa.nder Open Systems

APPLICABLE LAW, SELLER MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES, CONDITIONS OR COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DURABILITY, TITLE, ACCURACY OR NON-INFRINGEMENT) ARISING OUT OF OR RELATED TO THE PERFORMANCE OR NON­PERFORMANCE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD PARTY SERVICES, ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE OF SELLER OR OF ITS AFFILIATES IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT OR IN A STATEMENT OF WORK EXPRESSLY AMENDING SELLER'S WARRANTY.

Customer shall be solely responsible for daily back-up and other protection of its data and software against loss, damage or cormption. Customer shall be solely responsible for reconstructing data (including but not limited to data located on disk files and memories) and software that may be lost, damaged or corrupted during the performance of Services. SELLER, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS, SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH THE LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE, AND CUSTOMER ASSUMES ALL RISK OF LOSS~ DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE SERVICES.

Seller will not be responsible for and no liability shall result to Seller or any of its Affiliates for any delays in delivery or in performance which result from any circumstances beyond Seller's reasonable control, including, but not limited to, Product unavailability, cau-ier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrmism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or completion dates provided by Seller or any purported deadlines contained in a Statement of Work or any other document are estimates only.

Pricing Information; Availability Disclaimer Seller reserves the right to make adjustlnents to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Therefore, Seller cannot guarantee that it will be able to fulfill Customer's orders. If Services are being performed on a time and materials basis, any estimates provided by Seller are for planning purposes only.

Limitation of Liability UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS , EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUC T FOR USE OR ANY LOST, DAMAGED OR

https:/twww.aosS.com/tenns 518

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----------------------------------------------------------

1/19/2018 Terms & Conditions- Alexander Open Systems

CORRUPTED DATA OR SOFTWARE. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RlSE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RlSE TO THE CLAIM; OR (B) $50,000.00.

Limited License Customer's sole rights to the work product, materials and other deliverables to be provided or createQ (individually or jointly) in connection with the Services, including but not limited to, all inventions, discoveries, methods, processes, formulae, ideas, concepts, techniques, know~ how, data, designs, .models, prototypes, works of authorship, computer programs, proprietary tools, methods of analysis and other information (whether or not capable of protection by patent, copyright, trade secret, confidentiality, or other proprietary rights) or discovered in the course of performance of this Agreement that are embodied in such work or materials ("Work Product'') will be, upon payment in full, a non-transfel'able, non-exclusive, royalty-free license to use such Work Products solely for Customer's internal use. Customer will have no ownership or other property rights thereto and Customer shall have no right to use any such Work Product for any other purpose whatsoever. Customer acknowledges that Sellers may incorporate intellectual property created by third parties into the Work Product ("Third Party Intellectual Property"). Customer agrees that its right to use the Work Product containing Third Party Intellectual Property may be subject to the rights of third parties and limited by agreements with such third parties.

Confidential Information Each party anticipates that it may be necessary to provide access to information of a confidential nature of such party, the Affiliates or a third party (hereinafter referred to as "Confidential Information") to the other party in the performance of this Agreement and any Statement of Work. "Confidential Infmmation" means any information or data in oral, electronic or written form which the receiving party knows or has reason to know is proprietary or confidential and which is disclosed by a party in connection with this Agreement or which the receiving party may have access to in connection with this Agreement, including but not limited to the terms and conditions of each Statement of Work. Confidential Information will not include information which: (a) becomes known to the public through no act of the receiving party; {b) was known to the receiving party, or becomes known to the receiving party from a third party having the right to disclose it .and having no obligation of confidentiality to the disclosing party with respect to the applicable information; or (c) is independently developed by agents, employees or subcontractors of the receiving party who have not had access to such information. To the extent practicable, Confidential Information should be clearly identified or labeled as such by the disclosing party at the time of disclosure or as promptly thereafter as possible, however, failure to so identifY or label such Confidential Information will not be evidence that such information is not confidential or protectable.

Each party agrees to hold the other Party's Confidential Information confidential for a period of three (3) years following the date of disclosure and to do so in a ma1mer at least as protective as it holds its own Confidential Information of like kind but to use no less than a reasonable degree of care. Disclosures of the other Party's Confidential Information will be restricted (i) to those individuals who are partiCipating in the performance of this Agreement or the applicable Statement of Work and need to know such Confidential Information for purposes of providing or receiving the Products or Services or otherwise in connection with this Agreement or the applicable Statement of Work, or (ii) to its business, legal and financial advisors, each on a confidential basis. Each party agrees not to use any Confidential Information of the other Party for any purpose other than the business purposes contemplated by this Agreement and the applicable Statement of Work. Upon the written request of a party, the other party will either return or certify the destruction of the Confidential Information of the other party.

If a receiving party is required by law, mle or regulation, or requested in any judicial or administrative proceeding or by any governmental or regulatmy authority, to disclose Confidential Information of the other Patty, the receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek an appropriate protective order or similar protective measure and will use reasonable efforts to obtain confidential treatment of the Confidential Infonnation so disclosed.

https://www.aos5.com/terms 618

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1119/2018 Terms & Conditions • Alexander Open Systems

Return Privileges To obtain Seller's return policy, Customer should contact their AOS Account Manager at 913-307-2307. Customer must notify AOS Customer Relations of any damaged Products within ten (10) days of receipt. Returns of Customer specified equipment are subject to a 20% restocking fee, if accepted.

Termination Either party may tenninate performance of a Service or a Statement of Work for cause if the other party fails to cure a material default in the time period specified herein. Any material default must be specifically identified in a written notice of termination. After written notice, the notified party will, subject to the provision of warranties herein, have thirty (30) days to remedy its perfonnance except that it will only have ten (10) days to remedy any monetary default. Failure to remedy any material default within the applicable time period provided for herein will give cause for immediate tennination, unless such default is incapable of being cured within the time period in which case the defaulting party will not be in breach (except for Customer's payment obligations) if it used its reasonable efforts to cure the default. In the event of any termination of the Services or a Statement of Work, Customer will pay Seller for all Services perfonned and expenses incur red up to and including the date of termination plus any termination fee if one is set forth in the applicable Statement of Work. In such evetlt Customer will also pay Seller for any out-of-pocket demobilization or other direct costs resulting from tetmination. Upon termination, all rights and obligations of the parties under this Agreement will automatically terminate except for any right of action occurring prior to termination, payment obligations and obligations that expressly or by implication are intended to survive termination (including, but not limited to, limitation of liability, indemnity, confidentiality, or licensing of Work Product and this survival provision).

Arbitration Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutmy, common law, intentional tort and equitable claims) arising from or relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any Statement of Work or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions or any Statement of Work (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Seller's or any of its Affiliates' advertising or marketing (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF ANY OF SELLER, CUSTOMER OR THE THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither Seller nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice oflaw provision included in these Terms and Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in Overland Park, Kansas. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Sellet arising out of the Products or Services will be exclusively litigated in court rather than through arbitration.

Miscellaneous Seller may assign or subcontract all or any portion of its rights or obligations with respect to the sale of Products or the performance of Services or assign the right to 1·eceive payments, without Customer's consent Customer may not assign these Terms and Conditions, or any of its rights or obligations herein without the prior written coilSent of Seller. Subject to the restrictions in assignment contained herein, these Terms and Conditions will be binding on and inure to the benefit of the parties hereto and their successors and assigns. No provision ofthis Agreement or any Statement of Work will be deemed waived, amended or modified by eithe1· party unless such waiver, amendment or modification is in writing and signed by both parties. The relationship between Seller and Customer is that of independent contractors and not that of employer/employee, partnership or joint venture. If any term or condition of this Agreement or a Statement of Work is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or conditions hereof or

htlps://www.aos5.com/terms 7/8

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1!19/2018 Terms & Conditions • Alexander Open Systems

thereof or the whole of this Agreement or the applicable Statement of Work. Notices provided under this Agreement wHI be given in writing and deemed received upon the earlier of actual receipt or three (3) days after mailing if mailed postage prepaid by regular mail or ainnail or one ( 1) day after such notice is sent by courier or facsimile transmission. Any delay or failure by either party to exercis.e any right or remedy will not constitute a waiver of that party to thereafter enforce such rights.

Move from tactical to strategic solutions with AOS! Request A Demo

Footer

Main Phone 913.307.2300

Toll Free 1.800.473.1110

General Information [email protected]

Sales Team [email protected]

Careers [email protected]

• f • in • w

Overland Park, KS Corporate Office* 12980 Foster Street Suite 300 Overland Park, KS 66213 Phone: 913.307.2300 Fax: 913.307.2380

• Columbia, MO • Des Moines, lA • Little Rock, AR • Omaha, NE • Sioux Falls, SD • Springfield, MO • St. Louis, MO • Topeka,KS • Wichita, KS

Copyright © 2018 Alexander Open Systems

https://www.aosS.com/terms 818

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Rev. 09/2013 AITACHMENTTO

SHAWNEE COUNTY CONTRACT C. ___ _

CONIRACfUAL PROVISIONS A TIACHMENI The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereo.t; said contmct being dated the ___ day of -------~ 20_.

I. TERMS HEBEIN CONTROLLING PROYJS!ON~. It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a pert 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 th.e Courts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws ofthe State of Kansas.

3. TERMJ!ilATJON DUE TO LACK OF Ji'UNDING APPRQPRIATIDN. Shawnee County is subject to the Kansas Cash Basis Law, K.S,A. 10-1101 et seq. If, in the judgment ofthe 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 cutTen! fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this peragraph, County will pay to the contractor all regular contmctual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this patngraph shall not cause any penalty to be charged to the County or the contractor.

4. DiscLAIMER OF LIABILITY. Neither the County of Sha\VIlee nor any department thereof shall hold hannless or indemnifY any contractor for any liability whatsoever.

S. ANT!·D!SCRilWNATION CLA,USE. The contractor agrees: (a) to comply witll the Kansas Act Against Discrimination (K.SA 44-1001 el seq_) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1 Ill et seq.} and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 el 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 oppurtunlty employer''; (o) to comply with tlle reporting requirements. set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontr:act or purchase order so that they are binding upon such suocontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guil.ty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of controct; (I) 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.

6. ACCEPTANCE Qp CoNTRACT. This contract shall not be considered accepted, appro.ved 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. DAI\!AGES. WARRA!fTIES. Notwithstanding any language to the contrary, no interpretation shall be allowed to lind 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 he given effect which attempts to exclude, modicy, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

8. REfRESENUTIYE'S AUTHORITY To .CONTRACT. By signing this document, the representative of the conuactor thereby rapresents 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. RESPONS!8!LITY FoR TAxES. The County shall not be responsib~ for, nor indemnitY a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this con.tract.

10. INSURANCE. The County shall not be rjlquired 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 tp 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:~ I

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Date:

ATIF.ST:

Cynthia A. Beck, Shawnee County Clerk

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.. 311-

0FFICE OF THE DISTRICT ATTORNEY 3 THIRD JUDICIAL DISTRICT OF KANSAS

Michael F. Kagay, District Attorney

MEMORANDUM

TO: Board of County Commissioners

FROM: Michael F. Kagay, District Attorney ~1:---

DATE: January 24, 2018

RE: Request for Diversion Fund Payments

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

1) Amazon Business for video supplies/equipment a) Invoice No. 17V4-LCH6-R16X dated January 14, 2018 in the amount of$229.56

2) Beach, Julie for transcript fees a) Invoice No. 1016 dated January 19,2018 in the amount of$112.00

3) Independent Stationers for office supplies a) Invoice No. 263857 dated January 12,2018 in the amount of$314.90 b) Invoice No. 264291 dated January 16, 2018 in the amount of $8.83

4) Legal Directories shipping of 20 1 7-18 Kansas Legal Directory a) Invoice No. 473083-IN dated December 6, 2018 in the amount of$8.75

5) Office Depot for computer supplies a) Invoice No. 99419210001 dated January 4, 2018 in the amount of$26.97

6) Secretary of State for 2017 Kansas Statute Supplements a) Invoice dated January 23, 2018 in the amount of $729.00

7) Staples for office supplies and media carts a) Invoice No. 3364955365 dated January 9, 2018 in the amount of$107.08 b) Invoice No. 3365102170 dated January 11,2018 in the amount of$699.09

8) ThermCraft for printing of business cards a) Invoice No. 71304 dated January 12,2018 in the amount of$22.50 b) Invoice No. 71305 dated January 12,2018 in the amount of$22.50

9) Thomson West for monthly Thomson Reuters library plan [Approved by the BCC on 11/27/2017 Contract C424-2017] a) Invoice No. 837546726 dated January 4, 2018 in the amount of$127.74

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

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1 0) Topeka Bar Association for membership luncheon a) Invoice No. 1381 dated January 11, 2018 in the amount of $15.00 b) Invoice No. 1382 dated January 11,2018 in the amount of$15.00 c) Invoice No. 1383 dated January 11,2018 in the amount of$15.00 d) Invoice No. 1384 dated January 11, 2018 in the amount of $20.00 3) Invoice No. 1385 dated January 11, 2018 in the amount of$15.00

11) V aleo for copies of records a) Invoice No. 99129416 dated December 12, 2017 in the amount of $79.14 b) Invoice No. 99115575 dated December 12,2017 in the amount of$123.24

12) Westside Stamp for a name plate a) Invoice No. 168784 dated January 12, 2018 in the amount of$9.00

The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above itemized invoices, in the total amount of $2, 700.30, to be paid from the Diversion Fund account.

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amazonbusiness ........__,.-,

For customer support and disputes, visit www.amazon.com/contact-us.

Invoice Summary

Item Subtotal Shipping & Handling Promos & Discounts Sales Tax

Amount Due

Payment due by February 13, 2018

$229.56 $ 16.74

($ 16.74) $ 0.00

$229.56 USD

---------··----------------------~--

Order Information Ordered By Kathy Beach

Remit To Account Name: Amazon Capital Services, Inc.

Bank Name: Wells Fargo Bank ACH Routing# (ABA): 121000248 Bank Account# (DDA): 4122416308

SWIFT Code: WFBIUS6S

Mail Check Payments To Amazon Capital Services PO Box 035184 Seattle, WA 98124-5184

Include Amazon invoice number(s) in the descriptive field of your electronic funds transfer payment.

Invoice

Invoice Date

Invoice#

Account#

14-Jan-2018

17V4-LCH6-R16X

Order # 111-1979776-1292245

Payment Terms Net 30

Bill To

Shawnee County District Attorney's

Office

200 SE 7th Street, Ste. 214

Topeka, KS 66603

Ship To

Kathy Beach

200 SE 7th Street, Ste. 214

Topeka, KS 66603

Sales Tax based on S!lip To address

Email [email protected] with questions regarding payments or invoices, or to submit your remittance detail.

Accounts Receivable can also be reached at 1-888-283-2209.

Invoice Details

Description Qty Unit Price Item Subtotal

Amazon Basics DisplayPort to HDMI Cable~ 10 Feet 4 $13.99 $55.96

ASIN· BO"l50VV3P10 Sold by: Arnezon.com Services. !nc.

Bait Table Clamp Mount Power Outlet & USB Charger (66675) 4 $43.40 $173.60

Soid by: .Arnazon.com Services, Inc.

Page 1 of 1

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0 independent sl.a~Jor:erl;

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

Local Delivery Provided By: OFFICE PLUS OF KANSAS

SALES INVOICE

Sales Invoice Number: SI00263857

Sales Invoice Date: 01/12/18

Page: 1

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

I ACCT. NO. Sales Order No. CUSTOMER PO DEPARTMENT DUE DATE

r

PNWitem Customer ID:

PNW192682

Description

000000

BWKSTRU525B10 STRAW,STIR,5.25", 1000,BK

KCC93060 SANITIZER,HAND,INSTANT,8

Per TCPN Contract# R141701

HEWCC364A CRTDG,PRNT,BLK,LJ,CC364A

PerTCPN Contract# R141701

PAP5032315 CORRECTION, DRYLI NE,5/CD

Per TCPN Contract# R141701

RAC82159 WIPES,DISINF,LL,35CT-3PK

PerTCPN Contract# R141701

ACM15000 REF I LL,ADVIL,2/PK

Ord Qty

2 PK

SEA

1 EA

4 PK

2 PK

2 BX

02/11/18

Ship Qty Unit Price Total Price

2 PK 3.61 7.22

SEA 4.97 24.85

1 EA 139.81 139.81

4 PK 8.06 32.24

2 PK 10.89 21.78

2 BX 44.50 89.00

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Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

Local Delivery Provided By: SALES INVOICE OFFICE PLUS OF KANSAS

Sales Invoice Number: SI00263857

Sales Invoice Date: 01/12/18

Page: 2

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

DUE DATE [ACCT. NO. Sales Order No. CUSTOMER PO DEPARTMENT

02/11/18 r \

I'd

Amount Subject to Sales Tax

0.00

(End of Report)

PNW192682 000000

Amount Exempt from Sales Tax

314.90

Subtotal: 314.90

Total Sales Tax: ·o.oo

Total: 314.90

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Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

Local Delivery Provided By: SALES INVOICE OFFICE PLUS OF KANSAS

Sales Invoice Number: SI00264291

Sales Invoice Date: 01/16/18

Page: 1

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

I ACCT. NO. Sales Order No. CUSTOMER PO DEPARTMENT DUE DATE

I

PNWitem Customer ID:

PNW193016

Description

000000

VEK91841 FASTENER,EXTREME,4"X1",8

Amount Subject to Sales Tax

0.00

(End of Report)

For Theresa Peters

Amount Exempt from Sales Tax

8.83

Ord Qty

1 PK

02/15/18

Ship Qty Unit Price Total Price

1 PK 8.83 8.83

Subtotal: 8.83

Total Sales Tax: 0.00

Total: 8.83

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MIKEKAGAY SOLD TO SHAWNEE CO DISTRICT ATTORNEY

200 SE 7TH ST STE 214 TOPEKA, KS 66603-3933

PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE

DESCRIPTION

2017-18 KANSAS LEGAL DIRECTORY

SHIPPING & HANDLING

Customer No: C160U6 Order Date: 11/15/2017

Om"r Nn· 0326872 Invoice Date: 12/6/2017

Invoice No: 0473083-IN

Salesperson: ORDER

Customer No.

Order Date: 11115/2017

Order No: 0326872

Invoice Date: 12/6/2017

Invoice No: 0473083-IN

·-

BalanceDue: 8.75

FAX# {785) 291-4909 ~~~rMC"andVlSACaii'(80D!';#l:si75':i1

TERMS: DUE UPON RECEIPT

*COMPLIMENTARY* 0.00

8.75

Net Invoice: Less Discount:

Sales Tax: Invoice Total: Less Pavment:

Balance Due:

0.00

8.75

8.75 0.00 0.00 8.75 0.00

8.75

Page 1 of1

Legal U1rectones 1-'UOhshmg Gompany, Inc. PO Box 4\::J::>Uo\:l L:;artand, Texas 75049-5069 (800) 447-5;)15

Page 25: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Office DEPOT

FEDElAL !D:59·2663954

BILL TO:

Office Depot, Inc PO BOX 630813 CINCINNATI OH 45263-0813

ATTN: ACCTS PAYABLE ~ SHAWNEE CNTY DA o 200 SE 7TH ST STE 214 ~ TOPEKA KS 66603-3933 §

ORIGINAL INVOICE 10000

THANKS FOR YOUR ORDER IF YOU HAVE ANY QUESTIONS OR PROBLEMS- JUST CALL US

FOR CUSTOMER SERVICE ORDER: (888) 263-3423 FOR ACCOUNT: (800) 721-6592

INVOICE NUMBER AMOUNT DUE 994199210001 26.97 INVOICE DATE TERMS

04-JAN-18 Net30

SHIP TO: SHAWNEE CNTY DA 200 SE 7TH ST STE 214 TOPEKA KS 66603·3933

PAGE NUMBER Page 1 of 1

PAYMENT DUE 03-FEB-18

I,JI, .. IJ, .. IJ,,JJ,, 11 ,llmll,l,lr 11 ,JI 11 ,II 11 IJ, 11 1,,1, 11 Ill

&l"'ri\IIMT "!UMBER PURCHASE ORDER SHIP TO ID ORDER NUMBER ORDER DATE SHIPPED DATE .. i 090000 DA 994199210001- J 03-JAN-18 I 04-JAN-18 I BILL!Nb 111 !ACCOUNT MANAGER! RELEASE ORDERED_B'( DESKTOP I COST CENTER

I I KATHY BEACH I CATALOG ITEM #I I DESCRIPTION/

I U/M

I QTY I G.TY I G.TY l UNIT I EXTENDED

MANUF CODE CUSTOMER ITEM # ORD SHP B/0 PRICE PRICE

922592 StarTech.com High Speed HD EA 3 3 0 8.990 26.97 RL7407 922592

All amounts are based on USD currency

SUB-TOTAL

DELIVERY

SALES TAX

TOTAL

26.97

o.po

0.00

26.97 To return supplies, please repack in original box and insert our packing List, or copy of this invoice. Please note problem so we may issue credit or replacement, whichever you prefer. Please do not ship collect. Please do not return furniture or machines until you call us first for instructions. Shortage or damage must be reported within 5 days after delivery.

CUSTOMER NAME

SHAWNEE CNTY DA

Please Send Your Check to:

BILLING ID

FLO

OFFICE DEPOT P.O Box 660113 Dallas TX 75266-0113

002123.001084

DETACH HERE

INVOICE NUMBER

994199210001

INVOICE DATE

04-JAN-18

INVOICE AMOUNT

26-97

AMOUNT ENCLOSED ~----------------~

002324481 9941992100012 00000002697 1 7

Please return this stub with your payment to ensure prompt credit to your account.

Please DO NOT staple or fold. Thank You.

00001/00001

Page 26: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

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Page 27: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

STAPlES Business Advantage

INVOICE staples Business A~vantage Federal ID #:04-3390816

Bill to Account: 412614

1018906 02M80.423 -AUTO 40811466603-393227 -C01-P01998-I

SHAWNEE COUNTY PURCHASING MICHELLE HAGEMAN 200 SE 7TH ST RM B-27 TOPEKA, KS 66603-3932

Budget ctr : Budget ctr oesc: P o Number P o oesc Release Release Desc

order Line Item Number

1 954053 2 421000

Freight: .00

Delivery signed for by:

Descri tion STARBUCKS VERANDA GRND COF 1LB BREWRITE CONE CFE FILTER #4 40 Tax: ( .0000 %) .00

Delivery Signature is not currently available

Delivery date and time:

Ship to Account: SHAWCOPURCH

SHAWNE!i: COUN'l'Y PURCHASING

ATTN: KATlrr BEACH

200 SE 7TH ST

200 SE 7TH, ROOM 214, TOPEKA, KS 66603-3933

Invoice Number: 3364955365 Order 7189928618-000-001 Ordered By KATHY BEACH order Date 1/08/18

order Qt

9 4

sub-Total: Total:

9 4

Invoice Payment Inquiries 888-753-4103 DAL PO BOX 83689, Chica o IL 60696-3689

unit Price 11.60

.67

customer service inquiries I 877-826-7755 Invoice Payment Inquiries 888-753-4103

S'D\PtES Business Advantage

DAL33649553650000107087

Please send payment to:

Staples Advantage Dept DAL PO Box83689 Chicago, IL 60696-3689

EXtended Price 104.40

2.68 107.08 107.08

Page: 1

Page 28: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

S"mPtES Business Advantage

INVOICE Staples Business Advantage Federal ID #:04-3390816

Bill to Account; 412614

Budget ctr : Budget Ctr Desc: P o Number P o oes.c Release Release oesc

order Line Item Number

1 1951773 Freight: .00

Delivery signed for by:

oescri tion TV CART

Tax: ( .0000 %)

Delivery signature is not currently available

Delivery date and time:

.00

Ship to Account; SHAWCOPURCH

SHAWNEE COUNTY PURCHASING

ATTN; KATHY BEACH

200 SE 7TR ST

200 SE 7TH, ROOM 214,

TOPEKA, XS 66603-3933

Invoice Number: 3365102170 order 7189384575-000-001 ordered By KATHY BEACH 01•der Date 12/29/17

order unit Ship Qt Meas Qt

3 0 EA 3 sub-Total:

Total:

unit Price

233.03

Backorder of 7189384575

Invoice Payment Inquiries 888-753-4103 PO BOX 83689 Chica 0 IL 60696-3689

customer service inquiries I 877-826-7755 Invoice Payment Inquiries 888-753-4103

STAPtES' Business Advantage

DAL33b51021700000699099

Please send payment to:

Staples Advantage DeJ)t DAL PO Box 83689 Chicago, IL 60696-3689

EXtended Price 699.09 699.09 699.09

Page: 1

Page 29: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

ThermCraft 3762 Bradview Drive Sacramento CA 95827 Phone: (916} 363-9411 Fax: (916} 363-9414

TO: Shawnee County Courthouse. 200 SE 7th Street Room 201 Topeka KS 66603

SHIPPED UNIT ITEM DESCRIPTION

INVOICE

071304 Page: 1

INVOICE DATE: 01/12/18

CLIENT NO:

CONSULTANT N

None

SHIP TO: ATTN: Kathy Beach District Attorney's Office 200 SE 7th Street Room 214 Topeka KS 66603

UNIT PRICE

1 BX/500 DA21K District Attorney Cards Tuck

16.00

Customer PO: 0000000 Shipped: USPS Priority Mail

Q-Net Order#: 16677

.. :: .

THANK YOU FOR YOUR ORDER! HAVE YOU TRIED OUR OTHER SERVICES? A LIST OF OUR SERVICES INCLUDE THERMOGRAPHY, OFFSET AND DIGITAL PRINTING, STAMPS AND ENGRAVING, SIGNS AND BANNERS, NUMBERING AND OTHER BINDERY SERVICES.

LET US KNOW WHAT WE CAN DO FOR YOU!!

Dist PO# 105882

SUBTOTAL

SALES TAX FREIGHT

TOTAL

I

.BR

AMOUNT

16.00

16.00

·o~oo

6.50 22.50

Page 30: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

ThermCraft 3762 Bradview Drive Sacramento CA 95827 Phone: (916) 363-9411 Fax: (916) 363-9414

TO: Shawnee County Courthouse 200 SE 7th Street . . Room 201 Topeka KS 66603

SHIPPED UNIT ITEM· DESCRIPTION

INVOICE

071305 Page: 1

INVOICE DATE: 01/12118

CLIENT NO:

CONSULTANT N

None

SHIP TO: ATTN: Kathy Beach District Attorney's Office 200 SE 7th Street Room 214 Topeka KS 66603

UNIT PRICE

1 BX/500 DA21K District Attorney Cards Cooks ley

16.00

Customer PO: 000000 Shipped: USPS Priority Mail

Q-Net Order#: 16687

THANK YOU FOR YOUR ORDER! HAVE YOU TRIED OUR OTHER SERVICES? A LIST OF OUR SERVICES INCLUDE THERMOGRAPHY, OFFSET AND DIGITAL PRINTING, STAMP.S AND ENGRAVING, SIGNS AND E3ANNERS, NUME3ERING AND OTHER BINDERY SERVICES.

LET US KNOW WHAT WE CAN DO FOR YOU!!

Dist. PO# 105903

SUBTOTAL

SALES TAX FREIGHT

TOTAL

I

BR

AMOUNT

16.00

16.00

0.00 6.50

22.50

Page 31: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

SUBSCRIPTION INVOICE SUMMARY

Bill To: From:

SHAWNEE COUNTY DISTRICT ATTORNEY SHAWNEE COUNTY COURTHOUSE 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933

IMPORTANT NEWS

Thomson Reuters - West P.O. Box 64833 St. Paul, MN 55164-0833

Page 1 of 04

TIME SAVING TIP: You can now find answers 24/7 to commonly asked customer service questions online at legalsolutions.com/support. Find information on account maintenance, billing, returns, refunds, OnePass, orders, subscriptions, contracts and more.

Customer Service: 1/800-328-4880

UBRARY PLAN CHARGES 127.74 0.00 127.74S

TOTAL INVOICE AMOUNT 127.74T

RETURN BOTTOM PORTION WITH PAYMENT- THANK YOU

INVOICE#

ACCOUNT#

VENDOR#

VAT REG #

PAYMENT DUE

AMOUNT DUE IN USD

AMOUNT ENCLOSED IN USD

837546726

41-1426973

EU826006554

02/03/2018

127.74

Thomson Reuters - West Payment Center P.O. Box 6292 Carol Stream, IL 60197-6292

SHAWNEE COUNTY DISTRICT ATTORNEY SHAWNEE COUNTY COURTHOUSE 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933

0837546726 0000000000000000000000 20180104 ZCMI 000012774 0010 1000589558 2

i 2 6

Page 32: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Topeka Bar Association- Invoice# 01381 Page 1 of 1

Home I join NOW 1 Support TBA ~ter search string

ASSOCIATION

Home Anonymous profile Invoice# 01381

Back

Invoice #01381

Balance due: $15.00

I Pay online I or pay offline

Invoice details

Balance due $15.00

Amount $15.00

Invoice# 01381

Date 11 jan 2018

Origin Event registration , February Membership Luncheon (Top of the Tower- 534 S. Kansas Ave., 16th Floor)

Invoiced to MICHAEL FRANCIS KAGAY, Shawnee County District Attorney's Office [email protected]

ow. -

Item Amount

Registration for "February Membership Luncheon" (02 Feb 2018 12:00 PM-1:00PM, Top of the Tower- 534 S. Kansas

Ave., 16th Floor), TBA Member

Invoice total

http:/ /topekabar.com/Sys/FinDocum.ent/393 61727

$15.00

$15.00

0111112018

Page 33: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Topeka Bar Association- Invoice# 01382 Page 1 of 1

Home 1 join NOW I SupportTBA [:§:Enter search string

ASSOCIATION

Home Anonymous profile lnvoice#01382

Back

Invoice #01382

Balance due: $15.00

l Pay online I or pay offline

Invoice details

Balance due $15.00

Amount $15.00

Invoice# 01382

Date 11 jan 2018

Origin Event registration (DAN DUNBAR) February Membership Luncheon (Top of the Tower- 534 S. Kansas Ave., 16th Floor)

Invoiced to MICHAEL FRANCIS KAGAY, Shawnee County District Attorney's Office [email protected]

1 I

Item Amount

Registration for "February Membership Luncheon" (02 Feb 2018 12:00 PM -1:00PM, Top ofthe Tower- 534 5. Kansas

Ave., 16th Floor), TBA Member

Invoice total

http://topekabar.com/Sys/FinDocument/3 93 61950

$15.00

$15.00

01/11/2018

Page 34: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Topeka Bar Association- Invoice# 01383 Page 1 ofl

Home I join NOW I Support TBA I 0. Enter search string

ASSOCIATION

Home Anonymous profile Invoke# 01383

Back

Invoice #01383

I t

Balance due: $15.00

I Pay online I or pay offline

Invoice details

Balance due $15.00

Amount $15.00

Invoice# 01383

Date 11 jan 2018

Origin Event registration February Membership Luncheon (Top ofthe Tower- 534 S. Kansas Ave., 16th Floor)

Invoiced to MICHAEL FRANCIS KAGAY, Shawnee County District Attorney's Office [email protected]

Item Amount

Registration for "February Membership Luncheon" (02 Feb 201812:00 PM-1:00PM, Top of the Tower- 5345. Kansas

Ave., 16th Floor), TBA Member

Invoice total

$15.00

$15.00

http://tba26.wild.apricot.org/Sys/FinDocument/3 9362007?seckey=jODbtQk4vOzfy7%252b20xDYbA %253d%... 01124/2018

Page 35: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Topeka Bar Association - Invoice # 013 84 Page 1 of 1

Home I join NOW 1 Support TBA I Q. Enter search string

ASSOCIATION

Home Anonymous profile Invoice# 01384

Back

Invoice #01384

Balance due: $20.00

I Pay online I or pay offline

Invoice details

Balance due $20.00

Amount $20.00

Invoice# 01384

Date 11 jan 2018

Origin Event registration Februal)' Membership Luncheon (Top of the Tower- 534 S. Kansas Ave., 16th Floor)

Invoiced to MICHAEL FRANCIS KAGAY, Shawnee County District Attorney's Office [email protected]

Item Amount

Registration for "February Membership Luncheon" (02 Feb 2018 12:00 PM - 1:00 PM, Top of the Tower- 534 S. Kansas $20.00

Ave., 16th Floor), Guest

Invoice total $20.00

http://tba26.wildapricot.org/Sys/FinDocurnent/39362045?seckey=%252bS3iWuTDj8hMa8KOrnnP1Q%253d... 01124/2018

Page 36: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Topeka Bar Association- Invoice# 01385 Page 1 of 1

Home I join NOW I SupportTBA I Q. Enter search string

ASSOCIATION

Home Anonymous profile Invoice # 01385

Back

Invoice #01385

Balance due: $15.00

I Pay online I or pay offline

Invoice details

Balance due $15.00

Amount $15.00

Invoice# 01385

Date 11 jan 2018

Origin Event registration February Membership Luncheon (Top ofthe Tower- 534 S. Kansas Ave., 16th Floor)

Invoiced to MICHAEL FRANCIS KAGAY, Shawnee County District Attorney's Office [email protected]

Item Amount

Registration for "February Membership Luncheon" (02 Feb 201812:00 PM-1:00PM, Top of the Tower- 534 S. Kansas $15.00

Ave., 16th Floor), TBA Member

Invoice total $15.00

http://tba26.wildapricot.org/Sys/FinDocument/39362099?seckey=VVvRFs 1 %252bOO:fl/o252fjV2ysfMKsg%... 01/24/2018

Page 37: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

5401 SW 7th Street Topeka, KS 66606 Phone (785)273-2252 Fax (785)273-2736

Bill To: Office of the District Attorney Attn: Kyle Edelman, Asst. DA 200 SE 7th Street, Suite 214 Topeka, KS 66603

Labor and supplies for copying records

Number of pages

78

Number of pages

DESCRIPTION

Make all checks payable to Valeo Behavioral Health Care

Federal Tax ID # 48-0730326

Full Payment Due Upon Receipt

20040701

l{aJ(A 4V

Statement/Invoice

DATE: December 12, 2017 Invoice:

ForCase:99129416

AMOUNT

$30.00

Price per page (first 250 l?JI.Sl

$0.63 $49.14

Price per gage (additional Qg_sl

$0.45 0.00

TOTAL $' 79 ... 14

Page 38: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

5401 SW 7th Street Topeka, KS 66606 Phone (785)273-2252 Fax (785)273-2736

Bill To: Office of the District Attorney Attn: Kyle Edelman, Asst. DA 200 SE 7th Street, Suite 214 Topeka; KS 66603

Labor and supplies for copying records

Number of pages

148

Number of pages

DESCRIPTION

Make all checks payable to Valeo Behavioral Health Care

Federal Tax ID # 48-0730326

Full Payment Due Upon Receipt

20040701

\ lt JGtt{lJ

Statement/Invoice

ForCase:99115575

Price Qer Qage (first 250 flJJ.Sl

$0.63

Price per page (additionaiQgsl

$0.45

TOTAL

DATE: December 12, 2017 Invoice:

AMOUNT

$30.00

$93.24

0.00

$ 123.24

Page 39: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

ESTSIDE -STAMP & AwARDs-

2030 SW Fairlawn Rd Topeka, KS 66604 P: 785-272-7242 F: 785-272-1366 Email: [email protected]

Bill To

Shawnee County District Attorney 200 SE 7th Street Topeka, KS 66603

Contact

Kathy Beach

P.O.#

Invoice Date Invoice#

1112/2018 168784

Terms File

Net 15 file

Quantity Price Each Description Amount

1 9.00j~ame Plate 9.00

We t ..... " , .... s ~xae~ ~tamp & ... 1\.-vvaros, Inc.

JAN 2 2 2018

RECEIVED BY

mb Subtotal $9.00

Sales Tax (0.0%) $0.00

Total $9.00

Payments/Credits . $0.00

Balance Due $9.00

Page 40: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Shawnee County A J Office of County Clerk

CYNTHIA A. BECK

785-251-4155 Fax 785-251-4912 200 SEth Street Room 107 www.snco.us Topeka, Kansas 66603-3963

Memorandum

Date: January 22, 2018

To:

From:

RE:

Board of Coun~l:tmissioners

Cynthia A. Bec~wnee County Clerk

Renewal of Big Heart Pet Brands (Formerly Del Monte Foods Inc.) Tax Exemption

for year 2018

Pursuant td Resolution 2016-50, Big Heart Pet Brands was granted a tax exemption­incentive for economic development for new jobs created. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining Big Heart Pet Brands eligibility annually.

Big f!eart Pet Brands is representing to the Board of County Commissioners that 28 full tim~ positions have been maintained. Resolution 2016-50 Sec. 6a states there is to be 28 maintained positions.

Big Heart Pet Brands would like for the Board to consider approval of 100% exemption for year two (2). BOTA Order 2016-6239 EDX for Big Heart Pet Brands (F.K.A. Del Monte Foods Inc.) is for years 2017 through 2026.

CAB/clh

Attachments

Del monte renewalmemo3.doc/ecodevos/db

Page 41: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Since 1897

January 15, 2018

To: Shawnee County Clerk

From: Curtis B. Mall, Vice President, Tax

RE: Tax Exemption Renewal

Big Heart Pet Brands, Inc (formally known as Big Heart Pet Brands) is in compliance with the following orders and resolutions:

1. COTA Order 2009-1415 with Resolution 2009-6 (69 maintained jobs).

2. COTA Order 2011-7912 with Resolution 2011-133 (50 maintained jobs).

3. BOTA Order 2014-5295 with Resolution 2014-30 (10 new positions).

4. BOTA Order 2016-6239 with Resolution 2016-50 (28 maintained jobs).

Best Regards,

Curtis B. Mall Vice President, Tax Phone (330) 684-7917

THE J. M. SMUCKER COMPANY • 1 STRAWBERRY LANE, ORRVILLE, OH 44667-0280 TELEPHONE (330) 682-3000 • FAX (330) 684-3370 • www.smuckers.com

Page 42: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Shawnee County

Office of County Clerk CYNTHIA A. BECK

785-251-4155 Fax 785-251-4912 200 SE th Street Room 107 www.snco.us Topeka, Kansas 66603-3963

Memorandum

Date: January 22, 2018

To: Board of County Commissioners

From: Cynthia A. Bec~nee County Clerk

RE: Renewal of Big Heart Pet Brands (Formerly Del Monte Foods Inc.) Tax Exemption

for year 2018

Pursuant to Resolution 2014-30, Big Heart Pet Brands was granted a tax exemption­incentive for: economic development for new jobs created. The incentive was for a maximum·.:often years subject to the Board of County Commissioners determining Big Heart Pet Brands eligibility annually.

Big Heart Pet Brands is representing to the Board of County Commissioners that 10 new full time positions have been maintained. Resolution 2014-30 Sec. 6a states there is to be 33 maintained positions (1 0 new and 23 existing jobs).

Big Heart Pet Brands would like for the Board to consider approval of 100% exemption for year four (4). BOTA Order 2014-5295 EDX for Big Heart Pet Brands (F.K.A. Del Monte Foods Inc.) is for years 2015 through 2024.

CAB/clh

Attachments

Del monte renewalmemo3.doc/ecodevos/db

Page 43: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

-----··------·------------

Since 1897

January 15, 2018

To: Shawnee County Clerk

From: Curtis B. Mall, Vice President, Tax

RE: Tax Exemption Renewal

Big Heart Pet Brands, Inc (formally known as Big Heart Pet Brands) is in compliance with the following orders and resolutions:

1. COTA Order 2009- 1415 with Resolution 2009-6 ( 69 maintained jobs).

2. COTA Order 2011 -7912 with Resolution 2011-133 (50 maintained jobs).

3. BOTA Order 2014-5295 with Resolution 2014-30 (10 new positions).

4. BOTA Order 2016-6239 with Resolution 2016-50 (28 maintained jobs).

Best Regards,

Curtis B. Mall Vice President, Tax Phone (330) 684-7917

THE J. M. SMUCKER COMPANY • 1 STRAWBERRY LANE, ORRVILLE, OH 44667-0280 TELEPHONE (330) 682-3000 • FAX (330) 684-3370 • www.smuckers.com

Page 44: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Shawnee County

Office of County Clerk CYNTHIA A. BECK

785-251-4155 Fax 785-251-4912 200 SE 7'h Street Room 107 www.snco.us Topeka, Kansas 66603-3963

Memorandum

Date: January 22, 2018

To:

From:

RE:

Board of Coun~t~missioners

Cynthia A. Bec~wnee County Clerk

Renewal of Big Heart Pet Brands (Formerly Del Monte Foods Inc.) Expansion Tax

Exemption for year 2018

Pursuantto Resolution 2011-133, Big Heart Pet Brands (F.K.A. Del Monte Foods Inc.) was granted a tax exemption-incentive for economic development for new jobs created. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining Big Heart Pet Brands eligibility annually.

Big 1-te~rtPet Brands is representing to the Board of County Commissioners that they meet the eligibility requirements of Resolution 2011-133 Sec. 6a for 2018 and they would like for the Board to consider approval of 100% exemption for the 50 maintained jobs for year seven (7). COTA Order 2011-7912 EDX for Big Heart Pet Brands (F.K.A. Del Monte Foods Inc.) Expansion is for years 2012 through 2021.

CAB/clh

Attachments ·

Del monte renewalmemo.doc/ecodevos/db

Page 45: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 29, 2018, 9:00AM COMMISSION ... · 2018-01-25 · The agreement with Corizon (C288-2017) requires them to pay for a wireless backbone

Since 1897

January 15, 2018

To: Shawnee CountY Clerk

From: Curtis B. Mall, Vice President, Tax

RE: Tax Exemption Renewal

Big Heart Pet Brands, Inc (formally known as Big Heart Pet Brands) is in compliance with the following orders and resolutions:

1. COTA Order 2009- 1415 with Resolution 2009-6 (69 maintained jobs).

2. COTA Order 2011-7912 with Resolution 2011-133 (50 maintained jobs).

3. BOTA Order 2014-5295 with Resolution 2014-30 (10 new positions).

4. BOTA Order 2016-6239 with Resolution 2016-50 (28 maintained jobs).

Best Regards,

Curtis B. Mall Vice President, Tax Phone (330) 684-7917

THE J. M. SMUCKER COMPANY • 1 STRAWBERRY LANE, ORRVILLE, OH 44667-0280 TELEPHONE (330) 682-3000 • FAX (330) 684-3370 • www.smuckers.com

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Shawnee County

Office of County Clerk CYNTHIA A. BECK

785-251-4155 Fax 785-251-4912 200 SE ih Street Room 107 www.snco.us Topeka, Kansas 66603-3963

Memorandum

Date: January 22, 2018

To:

From:

RE:

Board of Coun~~~missioners

Cynthia A. Bec~~nee County Clerk

Renewal of Big Heart Pet Brands (Formerly Del Monte Foods Inc.) Tax Exemption

for year 2018

Pursuant to Resolution 2009-6, Big Heart Pet Brands (F.K.A. Del Monte Foods Inc.) was granted aJax exemption-incentive for economic development for new jobs created. The incentive was for a maximum of ten years subject to the Board of County Commissioners determihirlg Big Heart Pet Brands eligibility annually.

Big Heart Pet Brands is representing to the Board of County Commissioners that 69 full time positions have been maintained. Resolution 2009-6 Sec. 6a states there is to be 75 maintained positions, sec. 8 allows for the percentage to be adjusted. 69/75 equals 92%

Big Heart Pet Brands would like for the Board to consider approval of 92% exemption for the 69 maintained jobs for year ten (10). COTA Order 2009-1415 EDX for Big Heart Pet Brands (F.K.A. Del Monte Foods Inc.) is for years 2009 through 2018.

CAB/clh

Attachments

Del monte renewalmemo.doc/ecodevos/db

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Since 1897

January 15, 2018

To: Shawnee County Clerk

From: Curtis B. Mall, Vice President, Tax

RE: Tax Exemption Renewal

Big Heart Pet Brands, Inc (formally known as Big Heart Pet Brands) is in compliance with the following orders and resolutions:

1. COTA Order 2009- 1415 with Resolution 2009-6 (69 maintained jobs).

2. COTA Order 2011 -7912 with Resolution 2011-133 (50 maintained jobs).

3. BOTA Order 2014-5295 with Resolution 2014-30 (10 new positions).

4. BOTA Order 2016-6239 with Resolution 2016-50 (28 maintained jobs).

Best Regards,

Curtis B. Mall Vice President, Tax Phone (330) 684-7917

THE J. M. SMUCKER COMPANY • 1 STRAWBERRY LANE, ORRVILLE, OH 44667-0280 TELEPHONE (330) 682-3000 • FAX (330) 684-3370 • www.smuckers.com

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Shawnee 1 ~ounty '', , f,; P.arKs+ "! recreation January 17, 2018

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Director Parks + Recreation

Si1verbackks - SilverSupper Program Recreation - Centers

Purpose: Board of Commissioners approval is requested on the Memorandum of Understanding between Silverbackks and Parks + Recreation. The MOU provides Parks + Recreation facilities (Central Park, Garfield, and Hillcrest Community Centers) at no cost to Silverbackks for administering the SilverSupper program to youth under 18 years of age. Indirect costs are provided by the Parks + Recreation operating budget.

Justification: Parks + Recreation would like to formalize our commitment to youth hunger and social opportunities in Shawnee County by continuing the SilverSupper program. In cooperation with Silverbackks, we have the opportunity to provide a safe and active place for youth to enjoy friendships and a meal. Silverbackks' volunteers have an excellent reputation interacting and engaging the youth that attend the program and 14,569 meals were served in 2017.

JEK/blt SFH Attachment

parks.snco.us

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SHAWNEE COUNTY CONTRACT NO. c-40 -2018

A MEMORANDUM OF UNDERSTANDING BETWEEN SHAWNEE COUNTY AND SILVERBACKKS

FOR ADMINSTRATION OF THE SILVERSUPPER PROGRAM

THIS MEMORANDUM OF UNDERSTANDING is made this ---- day of

______ , 2018, between Silverbackks and the Board of Commissioners of the County of

Shawnee, Kansas, hereinafter referred to as the "County."

WHEREAS, the County wishes to collaborate with Silverbackks to host the SilverSupper

Program in Central Park, Garfield, and Hillcrest Community Centers; and

WHEREAS, Silverbackks will provide and distribute food to all children up to age

eighteen (18); and

WHEREAS, Shawnee County Parks + Recreation shall be responsible for performing the

duties ofthe County; and,

NOW, THEREFORE, Silverbackks and the County agree that the SilverSupper Program

will operate as follows:

1. From January 29, 2018, through January 28, 2020, Silverbackks shall provide meals for

distribution to Shawnee County youth at specific center locations.

2. Shawnee County Parks + Recreation shall provide a safe supervised location for the

children to consume meals and be socially active.

3. Silverbackks agrees to defend, hold harmless, and indemnify Shawnee County and its

officers, employees, and agents against and from any and all loss, liability, damage,

claim, cost, charge, demand, or expense for injury to persons and damage to property

including property of Silverbackks, caused by the negligent acts or omissions of the

Silverbackks in the performance of this Agreement. Shawnee County agrees to defend,

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hold ha1mless, and indemnify Silverbackks and its oflicers, employees, and agents

against and from any and all loss, liability, damage, claim, cost, charge, demand, or

expense for injury to persons and damage to property including property of Shawnee

County, caused by the negligent acts or omissions of Shawnee County in the performance

of this Agreement.

4. Silverbackks and its oflicers, employees, volunteers, and agents are independent

contractors and shall not be deemed employees of Shawnee County.

5. This MOU may be terminated at any time by either party delivering written notice of

termination to the other party.

BOARD OF COUNTY COMMISSIONERS

SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

ATTEST:

Cynthia A. Beck, County Clerk

SILVERBACKKS

~cle0 A )oojiJG Veronica Wooten, Dir'rctOC of Operations

Date J.~ /Cj -/ ~

. .· .. ·t~.fi . ·--·- --···· "'. --

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Shawnee County

Office of the County Counselor

JAMES M. CROWL County Counselor

Shawnee County Courthouse 200 SE ih Street, Ste. 100

Topeka, Kansas 66603-3932 Office: (785} 251-4042

Fax: (785} 251-4902 Email: [email protected]

MEMORANDUM

TO:

FROM:

DATE:

RE:

Board of Shawnee County Commissioners .

Jonathan C. Brzon, Assistant Shawnee County Counsel~ ( ~ January 19, 2018

Authority To Commence Eminent Domain Proceedings For Construction Of Project No. 121040.00: NW Button Road over Tributary to Halfday Creek; 0.3 mi North ofNW 46th Street in Shawnee County, Kansas.

Please place this item on the Monday, January 29, 2018 Commission agenda.

I am requesting authority to initiate eminent domain proceedings to acquire permanent public right-of-way easement that is necessary for the construction of Project No. 121040.00: NW Button Road over Tributary to Halfday Creek; 0.3 mi North of NW 46th Street in Shawnee County, Kansas.

Project Property Owner( s) Address

Project No. 121040.00: NW Gary R. McDonald 4834 NW Button Road Button Road over Tributary to Topeka, KS 66618 Halfday Creek; 0.3 mi North of NW 46th Street in Shawnee County, Kansas.

I have attached a Resolution that formally authorizes the initiation of eminent domain proceedings for this project. Also attached is a map provided by Mr. Welch depicting the property involved and the easement that the County seeks to obtain through this action.

Mr. McDonald has been advised of the hearing date and his right to be present at the meeting. If you have any questions, please do not hesitate to contact me at ext. 4042.

JCB

Attachments

c: Michael M. Welch, P.E., Civil Engineer, Shawnee County Public Works Department Gary R. McDonald, 4834 NW Button Road, Topeka, KS 66618

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RESOLUTION NO. 2018-_J_

A RESOLUTION AUTHORIZING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR PROJECT No. 121040.00

NW BUTTON ROAD OVER TRIBUTARY To IIALFDAY CREEK

SPONSORED BY COMMISSIONER COOK

WHEREAS, The Board of County Commissioners of the County of Shawnee, Kansas possesses the inherent power of eminent domain as a home rule county pursuant to K.S.A. 19-101 et seq.; and

WHEREAS, The Board of County Commissioners of the County of Shawnee, Kansas resolves to exercise its power of eminent domain when deemed necessary and in the public interest;

NOW, THEREFORE, The Board of County Commissioners of the County of Shawnee, Kansas, meeting in regular session this_ day of , 2018, and intending to exercise its power of eminent domain pursuant to Home Rule Resolution No. H.R.-2002-4, does hereby resolve as follows:

1. The Shawnee County Counselor is authorized to initiate eminep.t domain proceedings to take property that is necessary for Project No. 121040.00: NW Button Road over Tributary to Halfday Creek; 0.3 mi North ofNW 46th Street in Shawnee County, Kansas.

2. This Resolution shall be liberally construed to give the Board of Shawnee County Cominissioners the broadest authority allowed by law; any word, phrase, sentence, or section found to be invalid or unconstitutional shall be severed from this resolution.

ATTEST:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Michele A. Buhler, Vice-Chair

Robert E. Archer, Member

Cynthia A. Beck, Shawnee County Clerk

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.,

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..

Easement No. 2 Project No. S•12'f04o.oo; NW Button Road over lributary to Halfday Creek

PERMANENT PUBLIC RIGHT-OF-WAY EASEMENT

THIS INDENTURE, made this. day of , 201_ by and between Gary R. MeiOonald herein~r referred to as .the Landowner; and THE BOARD OF COl)NTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the Covnty.

WITNESS!=TH. that the Landowner in consideration of one dollar and no/100 ($1.00) and other valuable considerations, the re~ipt of which is hereby acknowledg~d. c;!oes for itself, its heirs and assigns, hereby gf'ii!nt. bargain, sell, and conv~y unto the co.unty. a perma11ent public right-of-WaY easement for vehlc!llar and ped~an traffic together Wjth the attendant customary uses, lncluding drainage anc;! Utillqes QVe~. Under, through, aqro~, and ~long all the folioWing de~?cfibed rea( estate in fhe County of Shawnee, and State of K;:~nsa!iJ, to-wit

A pef1TJanent easement for highway rig/It-of-way over and upon a tract of land in Section 35, Township 10 South, Range 15 East of the if' Principal Meridian In Shawnee County, Kansas, described as follows:

Coininencing at the southwest comer of the SQutheast quarter of Section 35, Township 10 Sof;Jth, Range 15East;

Thence North 01 degrees 27 minutes 56 seconds Wast (assumed Qe8r/rig) on the west line af SIJ/d Southeast .Quarter Section, a distance of 1,525.00 feet to .the point of lieginnibg;

Thence North 88 degrees 32 minutes 04 seconas /:Sst a distance of 40 •. 00 feet to a point pn· the eX/SfiiJg east right of way line of NW Bt;Jffon RoE!d that is also the we$t line of Lot 1, Block A. Moss American SubdiviSion (now va~ted); ·

The,nce North 54 degrees 5.0 mlnute.s 40 s~nds East a distance of 54.08 feet;

Thence North 01 degrees 27 minutes 56 seconds West a distance o/88.61 feet;

The!Jce South 88 degree$ 48 minutes 32 seconds West a distance of45. 00 feet~ a point on the existing east riflht of way line of NW Button Road that is also the west line of Lot 1, Block A, Moss American SubdiviSion (now vacated);

Thence Soutb 88 degrees 32 minutes 04 seconds West to the west line of .said Soritheast Quarter $ect/op a ~/stance o(40.00 feet;

Thence South 01 ilegrees 27 minutes 56 seconds Ea$t on the w.est linQ Qf ~ai!J Sol!thBast Q~r Section a distande of 118.83 feet. to the point of beginning.

Contains 4,fS67 sq. ft. (0, 1 t acres), mare or Jess, ex()/.usfve .of exisilng fight of way. "'''''\\I1AIIIrrr,;1111,

~~~G. . .,·~Al ~~ ~~~~ \cENs :1>:~ io··v · ·-~ . .r-.'%. - . .o-

~ • LS-1446 •xi -s~·. ;· § %-g,-·· ' .f ~~ . . s .,_~L·· .. . ':\,,.$"

. "''''hllf[lill\'\'''' Th.e Coqnty is purch~lng this permanent public right-of-way easeniE!nt for the purpose of

ef!'lcting or lmprov.Jng a public roadway for the passage .of vehicular and pedestrian traffiO, and the County reserves th~ right to make Improvements on that property ac:Cording to sUch plan$ and spi!!Cifi!lations, fls will. fn Its qplrllon, !:)est serve the public .Purp(ls&. The. payment of thE!. purchase prrce for th.e Pu!:llic right­of-way easement conveyed shall be coilsideted full !)Otnpensat!on fOr that pUblic right-of-:wa:y easement, and for any diminution In value that may result to the remafnlng property by virtue of proximity to the project, grade, alignment; lrtillty installallon, or the alteration of drainage pattern::> and facilitl~.

The Landowner, its heirs, ot assigns shall retain all und"'{!ylng f~ lnt~rest ln. the above-de~lbed property subject to the use by the County tpr a Public Rlght-of-Way J:aSt:~me{it L~ndC)V{fl~r und~ds and asjrees that it is p<OhU;lte<;l fJ:Oni placing or const""'~ng ~my sln!cture or improvement. on the above­descnbed property. Futih'er the u8e of the Public Rfght-Qf-Way Easement shall be subjeCt to Kansas State law ~nd shawnee County Resolutions governing public rights-of-way,

·----- ... ·--- .. ---~. -- ·---·------·-"--·- ~.-..;..---·-~-- .. --· ---· ·-~" ·--·

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• ...

Easement No. 2 Project Nq. S-121040,00, NW Button Ro!lld overTribu~ry to Halfday Creek

Should one or more of the Landowners be natural persons not joined by their respective spouses, it Is conclusively presumed that the !arid conveyed is not the residence. or business homestead of such Landowner(s). Should one or more of the grantors be a legal entity other than a natur;:ll person, It shall be conclusively presumed that the person signing on behalf of that party has been duly and legally authorized to So sign snd there shall be no necessity for a seal or attestation.

This Permanent Public Right-of-Way Easement shall run With the land and be binding upon the grantees, lessees, sliccessots, and assigns o.f the parties hereto, unleSs terminated by the abandonment of the Public Right-ot-Way Easement by the County.

IN WITNESS WHEREOF, said parties of \he first part have .fte~nto set their f1ands the day and year first above written.

Gary R. l\llcOonald ·

STATE OF KANSAS, COUNTY OF SHAWNEE, ss.

BE IT REMEMBERED, that on this_. _day of,~. ~~-..._, 201..., befOre me, tne undersigned, a notary public in ~nd for the County anCI Sti$ aforesaid, came

-...,...--....,.'-"""'----:-..,-...,....,,..--__,_..,.....,_.;.;...-'--.,.-..,....,.--' personally known to me to ·be ·the ~e person __ ·· wllo e~Eicirted the wlthi!i Jri$irument of wrttlng, and such person __ duly ackoowl~~cl the execution of the same.

IN WITNESS WHEREOF, 1 havE! hereunto set my hand and affixed mY notari<ll seal, the day and year last abave written.

Notary Public

My commission expires: _________ _

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' 0 PubHcHealth Prevent. Promote. Protect.

Shawnee County Health Department

January 24, 20I8

TO: Board of County Commissioners of the County of Shawnee, Kansas

FROM: Linda K. Ochs, Director ~to

Shawnee County Health Departme~/ Linda K. Ochs, Director

2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I Fax.785.251.5696 www .shawneehea lth.org

RE: Approval to fill Vacant Masters Social Worker Position (PCN HA1083)

Action requested: Approval fill a vacant Masters Social Worker (MSW) (PCN HA1083) and any subsequent positions that become vacant from filling this position.

This MSW position provides ongoing home visits to clients, including education, guidance, and support to help families nurture their children and foster relationships. Services are coordinated with registered nurses to provide health assessments for both the mother and newborn. This position provides services to pregnant women and/or families with ·a baby (birth through one year) living in Shawnee County.

This position is funded through the Maternal and Child Health Block Grant and does not have a financial impact on the County.

Range 704 Step I Benefits TOTAL

Effective Date: Department Name: Pay Class: PCN: Job Title: Job Code: Division: Check Distribution: Calendar: FTEAmount: Salary Index Key: Wage: Anniversary Date:

$19.56/hr x 2080 hours= $40,684.00 $I7,559.00 $58,243.00

To be determined based on approval of this request Shawnee County Health Department 24I HAI083 Social Worker-MSW I9262 LHD HA05 Normal I FTE TMHP/704/0I $I9.56 per hour To be determined based on approval of this request

Leading the Way to a Healthier Shawnee County

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' Board of County Commissioners Shawnee County, Kansas January 24, 2018 Page2

Annual Leave Accumulation:

LKO/klw

Starting at 4 hours per pay period and increasing under the regular intervals as prescribed in the Human Resources Policy Manual.

C: Betty Greiner, Director of Administrative Services Angela Lewis, County Human Resources Director Edith Matthews, SCHD Finance Officer Teresa Fisher, Family Health Division Manager

Leading the Way to a Healthier Shawnee County

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0 PubHcHealth Prevent. Promote. Protect.

Shawnee County Health Department

January 24, 2018

TO:

FROM:

Board of County Commissioners of the County of Shawnee, Kansas

Linda K. Ochs, Director £ P

-:D Shawnee County Health Department 'J

Linda K. Ochs, Director p<....__ 2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I Fax 785.251.5696 www.shawneehealth.org

RE: Contract with Nurse Family Partnership to Provide Outreach, Prevention, and Early Intervention Services

Action Requested: Approval of contract between the Shawnee County Health Department (SCHD) and Nurse Family Partnership (NFP) to provide outreach, prevention, and early intervention services from August 1, 2017 through July 31, 2020.

The contract with NFP in Denver provides the opportunity to continue to offer the NFP Program to low income, first-time mothers and families in Shawnee County. This program is funded by the Early Childhood Block Grant and the Medicaid Match grant through Kansas Department of Health and Environment.

With this signed contract NFP in Denver will provide Shawnee County-NFP with ongoing support, educational and marketing materials, staff training, and access to the data collection system. Reports from the data collection system are used for grant reporting, yearly SCHD reports and program evaluation.

The Shawnee County-NFP Program is a voluntary program that works with low income, first­time pregnant or parenting families in their homes. Services are provided during pregnancy and the first two years of the child's life. The program is designed to help women improve their prenatal health and the outcomes of pregnancy; improve the care provided to infants and toddlers in an effort to improve the children's health and development; and improve women's personal development, giving particular attention to the planning of future pregnancies, women's educational achievement, and parents' participation in the workforce.

In 2017, Shawnee County-NFP served 68 families and provided 636 intensive home visits with 2. 7 registered nurses. Of those families served, 1 7 were teen mothers and 51 were mothers over the age of 18.

Leading the Way to a Healthier Shawnee County

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Board of County Commissioners Shawnee County, Kansas January 24, 2018 Page2

Select outcomes for Shawnee County-NFP in 2017 include: • 99% of served children had an identified medical home • 99% of served children were up to date with their KanBeHealthy or routine well child

checkup • 98% of served children were up to date with their immunizations • 99% of served children were enrolled in an insurance program • 1 00% of served children received a developmental screening

LKO/klw Attachment C: Betty Greiner, Director of Administrative Services

Edith Matthews, SCHD Finance Officer Teresa Fisher, Family Health Division Manager

Leading the Way to a Healthier Shawnee County

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SHAWNEE COUNT'! CONTRACT • C4\ ~ ¢9\$

NURSE-FAMILY PARTNERSHIP IMPLEMENTATION AGREEMENT

This Agreement ("Agreement"), for the period August 1, 2017 through July 31, 2020, is by and between Shawnee County Health Department ("Agency") and Nurse-Family Partnership, a Colorado nonprofit corporation ("NFP") (together, the "Parties").

RECITALS:

A. Whereas, the Nurse-Family Partnership® Program (the "Program") is an evidence-based program developed on the basis of randomized controlled trial Research to yield certain benefits for low-income, first-time mothers and their children ("Program Benefits").

B. Whereas, the Program Benefits can be described generally as helping low-income, first-time mothers develop behaviors that enable them to have healthier pregnancies, be better parents, have emotionally and physically healthier children, and attain greater economic self-sufficiency.

C. Whereas, the Program implementation by Agency must be based upon key parameters ("Model Elements") identified through Research and refined based upon the Program's experience since 1997 and attached to this Agreement as Exhibit A, Nurse-Family Partnership Model Elements.

D. Whereas, Agency desires and intends to implement the Program to serve low-income, first­time mothers in Agency's geographic area and to be known to the public as Nurse-Family Partnership.

E. Whereas, NFP desires and intends to guide and support the Program implementation process in order to help Agency obtain Program Benefits for the mothers and children that Agency serves.

F. Accordingly, the Parties wish to enter into this Agreement in order to memorialize the mechanisms and means by which Agency shall implement the Program and NFP shall support such implementation. The Parties intend to remain in a contractual relationship for the period described in Section V herein and thereafter, so long as funding is available to both of the Parties for this purpose.

AGREEMENT:

In consideration of the foregoing recitals, which are incorporated herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:

I. DEFINITIONS.

A. Agreement-Specific Definitions. In addition to terms defined above and elsewhere in this Agreement, the following terms shall have the meanings set forth below: 1. "NFP Data Collection System" or "NFP DCS" means the NFP data collection system

that NFP makes available to Agency, into which designated, NFP-approved Agency personnel enter data collected about Clients and the Program, and from which the Parties can obtain reports to help manage and evaluate program implementation and results.

ShawneeCo_KS_NFPAgrmt_Exp20200731.docx Page 1 of22

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2. "Administrator'' means a person with fiscal and quality oversight, operational coordination responsibilities, and/or evaluation responsibility for the Program's management.

3. "Client" means a low-income, first-time mother who is enrolled in the Program. 4. "Effective Date" means the date first noted above and upon which this Agreement

becomes eff~ctive. 5. "Fidelity to the Model" means implementing the Program in a manner consistent with

the Model Elements and therefore maximizing the likelihood of achieving results comparable to those measured in research.

6. "Electronic Visit-to-Visit Guidelines©" or "E-Guidelines©" means NFP's written guidance for how a Nurse Home Visitor schedules and conducts visits with Clients during the Clients' participation in the Program.

7. "Location" means the work address of a Program Supervisor. 8. "Nurse Home Visitor'' or "NHV' means a nurse employed by Agency who spends at

least 20 (twenty) hours per week, or .SFTE, whichever is greater, delivering the Program to Clients.

9. "Program Supervisor'' means a person who supervises up to eight Nurse Home Visitors who implement the Program on behalf of Agency.

10. "Research" means any activity, including program evaluation and/or quality improvement activities, (i) that would, according to Federal regulations, require review by an Institutional Review Board ("IRB"), or (ii) that could be expected to yield generalizable knowledge that could be shared publicly with the professional, academic, and/or lay communities.

11. "Team" means a half- to full-time Program Supervisor and up to eight (8) Nurse Home Visitors who report to the Program Supervisor.

B. "Proprietary Property" means all of (i) the Program, including facilitators and handouts, (ii) the Model Elements, (iii) the name "Nurse-Family Partnership" and the acronym "NFP" when used in connection with the NFP Logo and the goodwill associated therewith, (iv) all NFP Community Website content, and (v) the copyrighted materials and other materials used in the Program as of the date hereof that would be designated as protectable intellectual property under applicable law, including, but not limited to, all modifications, additions, updates, and derivative works thereof, whether or not they are incorporated into the Program or the Proprietary Property. NFP and its licensors reserve the right to modify the Proprietary Property from time to time in accordance with the data, Research, and current modalities of delivery of the Program and for any other reason NFP or its licensors, in their sole and absolute discretion, deem appropriate. NFP shall provide Agency with reasonable notice of those modifications. NFP and its licensors shall retain ownership and all rights to all Proprietary Property, whether modified or not by Agency.

C. General Application. Unless a clear contrary intention appears, words used with initial­capitalized letters shall have the meanings set forth in this Agreement, and (i) the singular includes the plural and vice versa, (ii) reference to any document means such document as amended from time to time, (iii) "include" or "including" means including without limiting the generality of any description preceding such term, and (iv) the term "or'' is not exclusive.

II. NFP OBLIGATIONS

> A NFP grants to Agency a non-exclusive limited right and license to use the Proprietary

Property for the purpose of carrying out Agency's obligations under this Agreement in the geographic area within which Agency Nurse Home Visitors serve Clients. Agency shall not use the Proprietary Property in connection with any social impact bond or pay-

ShawneeCo_KS_NFPAgrmt_Exp20200731.docx Page 2 of22

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for-success contract, including responses to solicitations for such agreements, without NFP's prior written consent. NFP reserves the right to modify the Proprietary Property from time to time in accordance with the data, research, and current modalities of delivery of the Program. NFP shall provide reasonable notice of those modifications as set forth in the Implementation Agreement. NFP shall retain ownership and all of the rights to any Proprietary Property, whether modified or not by any Agency.

B. NFP shall provide support to help Agency implement the Program as described in Exhibit B, Nurse-Family Partnership Support for an Agency.

C. NFP shall submit invoices to Agency for services provided to Agency, listing a date of provision, a description of each such service, and amounts based upon the fee schedule provided in Exhibit C, Fees for Nurse-Family Partnership Services.

D. NFP may, from time to time, request that Agency collect additional data and/or participate in Research initiated by NFP and intended to improve the NFP model or implementation of the model. NFP may provide the public with information about Agency's NFP-related Research, publications, and presentations.

E. NFP, independently or jointly with Agency, may publish or present NFP-related information or Program results in research reports, books, book chapters, peer-reviewed journal articles, and at academic or professional conferences, always giving due credit to the Parties involved and recognizing the rights of the individuals doing the work.

F. NFP understands that pursuant to this Agreement, NFP and its employees may have access to Clients' Protected Health Information ("PHI") and Agency's business information. NFP acknowledges that this information has a high level of confidentiality, and NFP and its employees agree to keep all information made available to its employees confidential and not to disclose this information. NFP shall instruct its employees/staff/affiliates to follow Agency's policies regarding patient and business confidentiality. Further, NFP acknowledges that Agency is bound by law to have written agreements with its business partners who may have access to patient information requiring compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the rules and regulations promulgated thereunder. Accordingly, NFP represents that NFP is in compliance with HIPAA and all relevant federal statutes, rules, regulations, and applicable interpretive rulings promulgated under HIPAA, or will become compliant to regulations and requirements effective at future dates according to the applicable timetables. Exhibit D, HIPAA Business Associate Addendum, is hereby incorporated in this Agreement. Failure by NFP to comply with this provision and the provisions of Exhibit D, HIPAA Business Associate Addendum, shall result in immediate and automatic termination of this Agreement without penalty or cost to Agency. NFP shall cooperate with any Agency program(s) instituted in the future to bring Agency into compliance with HIPAA.

Ill. AGENCY OBLIGATIONS

A. Agency shall make best efforts to implement the Program with Fidelity to the Model and shall undertake the steps described in Exhibit E, Agency Responsibilities, in order to do so.

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B. Agency shall take all appropriate steps to maintain Client confidentiality and obtain any necessary written Client consents for data analysis or disclosure of protected health information, in accordance with applicable federal and state laws, including, but not limited to, authorizations, data use agreements, business associate agreements, as necessary.

C. Agency assumes responsibility for knowledge of and compliance with the State Nurse Practice Act of its state, state laws, regulations, and licensing requirements pertaining to nursing practice and state laws and regulations pertaining to mandatory reporting.

D. Agency's Nurse Home Visitors and Supervisors shall complete all required NFP Education. Nurse Home Visitors and Supervisors who leave the program for two (2) years or longer and then return must attend NFP Education before visiting Clients and resuming Program delivery. Agency shall ensure that Nurse Home Visitors are able to provide care to Clients in a manner consistent with the NFP E-Guidelines.

E. When requested by NFP, Agency shall make reasonable efforts to collect additional data and/or participate in Research intended to improve the NFP model or implementation of the model.

F. In order to avoid becoming involved in Research that conflicts with implementing the Program with Fidelity to the Model, Agency shall request NFP's permission prior to participating in any Research that is (1) initiated by a party other than NFP and (2) that involves Program staff or explicitly targets the families that are enrolled in the Program. NFP shall review and approve or disapprove Agency's request for participation in such Research on a timely basis and shall not unreasonably withhold such approval.

G. Agency shall inform NFP of Agency proposals to publish or present NFP-related information in research reports, books, book chapters, peer-reviewed journal articles, and at academic or professional conferences. Results of the Program herein outlined may be published by Agency, or jointly by Agency and NFP, always giving due credit to the Parties involved and recognizing the rights of the individuals doing the work.

H. Agency is authorized to reproduce certain published materials specified below and used in the implementation of the Program so long as (1) this Agreement is in effect, (2) Agency uses the reproductions solely for Program implementation, and (3) Agency does not sell or otherwise distribute the reproductions to any third party not involved in Agency's implementation of the Program.

1. The published materials covered by this authorization are delivered to Nurse Home Visitors as part of the NFP education materials in sets referred to as the E­Guidelines.

2. The handouts bear notices indicating copyright by any of the following: a) University of Colorado b) University of Colorado Health Sciences Center c) University of Colorado at Denver and Health Sciences Center d) Nurse-Family Partnership

3. NFP has the right to grant permission to reproduce materials specified above and that bear the University copyright notice under the terms of a Memorandum of Understanding ("MOU") dated March 31, 2003, between the University of Colorado Health Sciences Center, now known as University of Colorado at Denver and Health

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Sciences Center, and NFP. The MOU gives NFP an exclusive, perpetual, royalty­free right and license to use copyrighted materials and other materials used in the Program for the purpose of implementing the Program to serve low-income, first-time mothers and their families.

4. The corresponding Spanish-language versions of these materials are also covered by this authorization.

5. Agency may not authorize any other entity to reproduce the materials without prior written permission from NFP.

I. Agency understands and agrees that all Proprietary Property and all associated intellectual property rights are owned exclusively by NFP and its licensors. Agency shall use the Proprietary Property solely for carrying Agency's obligations under this Agreement and shall not share the Proprietary Property with third parties or modify any Proprietary Property without the prior express written permission of NFP. Agency may not duplicate, distribute or provide access to the Proprietary Property to any individual or organization, except as authorized by this Agreement. Agency may allow only trained, NFP-authorized users to access the NFP DCS. Agency shall retrieve all Proprietary Property from departing employees The duties of confidentiality and use of the Proprietary Property under this Agreement shall not expire

IV. FEES AND PAYMENT

A. Fees associated with NFP services in support of an implementing agency are as follows:

1. Education Services. NFP provides initial Nurse-Family Partnership education for nurse home visitors, Program Supervisors, and Agency Administrators. This fee applies once for each individual nurse home visitor, nurse supervisor, and administrator at an agency. Fees are due upon completion of the face-to-face session.

a) Nurse Home Visitor Education Fee. Education for nurse home visitors (NHV) consists of one face-to-face education unit supported by distance education components. All Program Supervisors who have never taken NHV Education or who completed it more than two years prior to being promoted to Supervisor are required to attend NHV Education as well as Supervisor Education. This fee also contributes toward the cost of periodically updating written and electronic curriculum and guidance based on current research.

b) Supervisor Education Fee. For Program Supervisors, education consists of Nurse Home Visitor Initial Education plus one face-to-face education unit supported by distance education components and nurse consultation.

c) Administrator Orientation Fee. Currently, Administrator Orientation is a two day face-to-face session in Denver. Administrator Orientation is required for new Administrators within six (6) months of being hired. Experienced administrators are strongly encouraged to take advantage of NFP's ongoing distance learning opportunities.

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2. Implementation Support Services. Fees are due on the Effective Date and each anniversary thereof and are based on the number of Program Supervisor Positions (the greater of (1) the number of individuals with supervisory responsibility at the agency or (2) the number of supervisor FTEs that are required to be implementing the model with fidelity (at least one per eight nurse home visitors). Fees are as follows:

a) Annual Program Support Fee. Fees are per Program Supervisor Position per year and contribute to covering costs associated with the following: (1) NFP DCS. Services related to third party data collection systems are not

covered by this Agreement. Fees for supporting Agency's use of third party data collection systems will be in addition to the Annual Program Support Fee.

(2) Quality Improvement (QI) and Reporting. (3) Ongoing Nurse-Family Partnership nurse home visitor, supervisor, and

administrator education; resource library; conference calls; web forums; Nurse-Family Partnership Community resources; and updating of Nurse­Family Partnership Education and E-Guidelines and supporting materials.

(4) Marketing and Communications consultation and support, including marketing and community outreach materials (brochures, posters, etc.).

(5) Policy and Government Affairs, including advocacy and educational work at federal and state levels.

b) Annual Nurse Consultation Fee. The fee is per Program Supervisor Position per year. The full fee is charged for the first Program Supervisor Position at a geographic location and a reduced fee is charged for each additional Program Supervisor Position at that same location. The fees contribute to covering costs associated with a Nurse-Family Partnership Nurse Consultant providing the following support to Program Supervisors: (1) Helping each Program Supervisor plan for quality implementation. (2) Monitoring reports based on each Program Supervisor and her/his team's

activity and performance. (3) Ongoing email support for each Program Supervisor and periodic regular

calls with each Program Supervisor. (4) Periodic visits to each Program Supervisor with potential travel with each

Program Supervisor and/or selected nurse home visitors. (5) Clinical and supervisory coaching and consultation with each Program

Supervisor.

c) Program Supervisor Expansion or Replacement Fee. A one-time fee is charged when a new Program Supervisor Position is added or a vacant position is filled.

B. Prices are subject to change in accordance with Section IV D below.

C. All fees are based upon NFP's standard terms of invoicing and payment, as follows: 1. Start-Up Services Fees are invoiced on the Effective Date and are due in 30 days. 2. Education Fees are invoiced when individuals attend in-person education sessions.

No special reporting or documentation is provided with the invoice(s). 3. Program Support and Nurse Consultation Fees are invoiced on the Effective Date

and each anniversary thereof to cover each ensuing year and are due in 30 days. No special reporting or documentation is provided with the invoice(s).

4. Program Supervisor Expansion or Replacement Fees are invoiced when the new supervisor is hired. No special reporting or documentation is provided with the invoice(s).

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D. NFP shall invoice, without limitation, for services provided to Agency based upon the fee schedule set forth in Exhibit C, Fees for Nurse-Family Partnership Services. NFP reserves the right to change the fees set forth in Exhibit C during the term of this Agreement but not more often than annually. NFP will notify Agency at least one year prior to any such change becoming effective.

E. Invoices will be sent to:

Agency:Shawnee County Health Department Attention: Purchasing Department Address:2600 SW East Circle Dr.

Topeka, KS 66606 Telephone: 785-251-5666

Email: [email protected] D Please check this box if you would prefer to receive invoices by

email

F. Agency shall send payments, identifying the NFP invoice, within 30 days of invoice to: Nurse-Family Partnership Attention: Finance Department 1900 Grant Street, Suite 400 Denver, CO 80203

V. TERM AND DEFAULT

A. Term of Agreement. This Agreement shall remain in full force and effect through July 31, 2020 (the "Initial Term") unless it is terminated by mutual agreement of the Parties or as otherwise provided below.

B. Term Extension. Upon August 1, 2020, and each anniversary of that date, this Agreement shall automatically extend for an additional year unless either party has provided not less than sixty (60) days' notice to the other of its intention to terminate the Agreement on the upcoming anniversary date.

C. Early Termination. The Parties agree that they intend to and shall engage in mutual efforts to keep this Agreement in force for the Initial Term, because it requires approximately three years for the initial group of Clients to complete the Program. Recognizing, however, that circumstances beyond the control of the Parties may compel one Party to desire termination before completion of the Initial Term or an extension thereof, either Agency or NFP may terminate this Agreement at any time by giving the other party written notice of not less than sixty (60) days.

D. Default. A party shall be in default under this Agreement if a party (i) breaches a material provision of this Agreement, which breach is not cured to the non-breaching party's reasonable satisfaction within thirty (30) days of written notice given to the breaching party by the non-breaching party or (ii) the bankruptcy of a party.

E. Remedies upon Default. The Parties shall use commercially reasonable efforts to take steps necessary to cause the breaching party to cure the applicable default. If such default is not cured to the reasonable satisfaction of the other party, and both of the

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Parties do not agree to terminate this Agreement, the Parties shall proceed in accordance with the dispute resolution process set forth in Section VI.

F. Effect of Termination. 1. If this Agreement is terminated by notice of one party to the other, Agency shall pay

NFP for all work performed up to the date of termination and all non-cancelable obligations incurred in accordance with this Agreement. Payment shall be due within thirty (30) days of termination.

2. If this Agreement is terminated through the dispute resolution process, the rights and obligations of each of the Parties upon termination shall be spelled out in the dispute resolution process.

3. Upon termination of this Agreement, regardless of the timing, cause, or mechanism of such termination: a) Agency shall no longer have access to the NFP DCS; b) Agency shall stop enrolling new Clients; c) Agency shall work with the NFP nurse consultant to develop a transition plan,

including a plan to provide continuity of care for current Clients. d) NFP may retain a record of all data which has been collected by Agency in the

course of implementing the Program and may use that data and reports derived from it to evaluate the overall progress in national replication of the Program;

e) Agency and NFP shall continue to comply with all relevant state, federal laws and all other provisions of this Agreement with respect to maintaining Client confidentiality;

f) All materials in Agency's possession that utilize the Nurse-Family Partnership logo, tag line, or other protected marks must be returned to NFP or destroyed;

g) All copies of Proprietary Property that have been provided to Agency by NFP or that have come into Agency's possession from other sources must be returned to NFP or destroyed; and

h) Agency shall cease to implement the Program and shall cease to represent that it is implementing the Program.

VI. DISPUTE RESOLUTION. If a dispute arises relating to this Agreement, the Parties shall attempt to resolve that dispute at the lowest possible level. If the dispute cannot be resolved at that level, the dispute shall be elevated to the Director, Program Development, of NFP and the Program Supervisor. If these persons cannot resolve the dispute, it shall be elevated to the next organizational level of NFP and Agency. If the dispute is not resolved through the foregoing process within a reasonable period of time, not to exceed any period of time that could reasonably be deemed to have a detrimental impact on the implementation of the Program by Agency, either party may initiate dispute resolution through any avenue permitted in law or in equity.

VII. LIABILITY.

A. Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the full extent allowed by law.

B. No liability hereunder shall result to a party by reason of delay in performance caused by force majeure, that is, circumstances beyond the reasonable control of the party.

VIII. ASSIGNMENT; SUBCONTRACTING. This Agreement and the rights, obligations, interests and benefits hereunder may not be assigned, transferred, pledged or hypothecated in any way to any third party by either party without the prior written consent of the other

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party.. Agency shall not respond to social impact bond or "pay for success" solicitations or enter into contracts or funding arrangements that link Program implementation performance to repayment of funding and name the Program as the targeted service without NFP's prior written consent. If Agency engages a subcontractor to perform any of Agency's obligations hereunder, Agency shall require its subcontractor to agree in writing to the same restrictions and conditions as are imposed on Agency by this Agreement.

IX. MISCELLANEOUS PROVISIONS.

A Consents. Whenever a Party's consent or approval is required under this Agreement, such consent or approval shall not be unreasonably withheld. If consent or approval is required by an employee of a Party, the Party who employs such employee shall cause the employee to give or withhold such consent or approval in accordance with this paragraph. If no response is received by the requesting Party within ten business days after delivery of the applicable request, consent shall be deemed given.

B. Notices. All notices and other communications that are required or permitted to be given to the Parties under this Agreement shall be sufficient in all respects if given in writing and delivered by overnight courier, return receipt requested, or by electronic mail, to the receiving party at the following address:

For NFP: Original to:

Nurse-Family Partnership 1900 Grant Street, Suite400 Denver, CO 80203 Attention: Chief Executive Officer Telephone: 303-327-4274 Facsimile: 303-327-4260 Email:

[email protected]

For Agency:

Original to: Teresa Fisher Agency: Shawnee County Health Department Attention: Address: 2600 SW East Circle Dr.

Topeka, KS 66606 Telephone: 785-251-5645 Facsimile: 785-251-5695

Email: Teresa. fisher@snco. us

With a copy to: Nurse-Family Partnership 1900 Grant Street, Suite400 Denver, CO 80203 Attention: General Counsel Telephone: 303-327-4271 Facsimile: 303-327-4260 Email:

[email protected]

With a copy to: Bonnie Gonzales Agency: Shawnee County Health Department Attention: Address: 2600 SW East Circle Dr.

Topeka, KS 66606 Telephone: 785-251-5659 Facsimile: 785-251-5695

Email: [email protected]

or to such other address as such party may have given to the other by notice pursuant to this Paragraph. Notice shall be deemed given on the delivery or refusal date, as specified on the tracking report in the case of overnight courier or by acknowledgement of receipt if given by electronic mail.

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C. Binding Upon Successors and Assigns. This Agreement, and all covenants, terms, provisions, and agreements contained herein, shall be binding upon and shall inure to the benefit of the Parties' respective successors and permitted assigns.

D. Waivers. No covenant, term, or condition, or the breach thereof, shall be deemed waived, except by written consent of the party against whom the waiver is claimed; and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

E. Responsibility for Debts and Obligations. Neither party shall be responsible either directly or indirectly for any of the debts or obligations of the other party except as provided under this Agreement.

F. No Third Party Beneficiarv. This Agreement does not create any third party beneficiary rights in any person or entity, including without limitation, financing institutions.

G. Authority to Contract. The undersigned individuals represent that they are fully authorized to execute this Agreement on behalf of the respective Parties and make all representations, warranties, and covenants set forth herein. The Parties represent and warrant that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary corporate actions of the Parties and do not violate any laws or any provisions of any agreement to which the Parties are bound.

H. No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership among the Parties. No party shall have the power to control the activities or operations of another party and their status is, and at all times shall continue to be, that of independent contractors with respect to each other. No party shall hold itself out as having authority or relationship in contravention of this Paragraph.

I. Attorneys' Fees. If a party shall commence any action or proceeding against another party in order to enforce the provisions of this Agreement, or to recover damages as a result of the alleged breach of any of the provisions of this Agreement, the prevailing party shall be entitled to recover all reasonable costs in connection therewith, including reasonable attorneys' fees.

J. Further Assurances. The Parties shall cooperate fully with each other and execute such further instruments, documents, and agreements, and shall give such further written assurances, as may be reasonably requested by another party to better evidence and reflect the transactions described herein and contemplated hereby, and to carry into effect the intent and purposes of this Agreement.

K. Entire Agreement. This Agreement (together with Exhibits hereto, which are hereby incorporated by this reference) constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, among themselves or their agents and representa­tives relating to the subject hereof. This Agreement may be altered, amended, or revoked only by an instrument in writing signed by all the Parties hereto.

L. Severability. If any term or provision of this Agreement shall, to any extent, be determined to be invalid or unenforceable by a court or body of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and

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provision of this Agreement shall be valid and enforceable to the fullest extent permitted bylaw.

M. Applicable Law. This Agreement 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.

N. Survival. The terms and conditions of this Agreement shall survive the expiration or termination of this Agreement to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.

0. Counterparts and Facsimile Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one agreement. A facsimile signature or digitized image of a signature to this Agreement shall be deemed an original and binding upon the party against whom enforcement is sought.

P. Social Impact Bonds. The Parties acknowledge and agree that, because of nature of the outcome payments associated with social impact bonds and other "pay for successu arrangements, investors will be more likely to select programs with proven records and evaluation techniques that maximize the chances of demonstrating positive outcomes, such as the Program. Recognizing that investors may want to have more control over Program implementation to shore up investment, Agency shall request NFP's prior written consent before entering into any such agreements, including responses to solicitations for such agreements.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date set forth herein by their duly authorized representatives.

ForNFP: Nurse-Family Partnership

\, DIQIIIIJtllp'llellbfffadr:DI!done

Frank Daidone·~:-:~~ By: ~./ =20IIJII.ot1210.Jto07'011'

Signature

Frank Daidone, Acting CEO Printed Name & Title

Date: 1/9/2018

Federal EIN: 20-0234163

ShawneeCo_KS_NFPAgrmt_Exp20200731.docx

For Agency: Board of County Commissioners, Shawnee County, Kansas

By:.~--------------------------------Signature

Kevin J. Cook, Chair Printed Name & Title

·Date:. ___________ _

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EXHIBIT A. NURSE-FAMILY PARTNERSHIP MODEL ELEMENTS

When the Program is implemented in accordance with these Model Elements, the Parties can reasonably have a high level of confidence that results will be comparable to those measured in research. Conversely, if implementation does not incorporate these Model Elements, results may be different from Research results.

Element 1 Client participates voluntarily in the Nurse-Family Partnership program.

Element 2 Client is a first-time mother.

Element 3 Client meets low- income criteria at intake.

Element 4 Client is enrolled in the program early in her pregnancy and receives her first home visit by no later than the end of the 28th week of pregnancy.

Element 5 Client is visited one-to-one: one Nurse Home Visitor to one first-time mother/ family.

Element 6 Client is visited in her home, as defined by the client, or in a location of the Client's choice.

Element 7 Client is visited throughout her pregnancy and the first two years of her child's life in accordance with the standard NFP visit schedule or an alternative visit schedule agreed upon between the Client and nurse.

Element 8 Nurse Home Visitors and Nursing Supervisors are registered professional nurses with a minimum of a Baccalaureate degree in nursing.

Element 9 Nurse Home Visitors and Nursing Supervisors participate in and complete education required by NFP NSO. In addition, a minimum of one current NFP administrator participates in and completes the Administrator Orientation required by NFP.

Element 10 Nurse Home Visitors, using professional knowledge, nursing judgment, nursing skills, screening tools and assessments, frameworks, guidance and the NFP E-Guidelines Guidelines to individualize the Program to the strengths and risks of each family and apportion time across defined Program domains.

Element 11 Nurse home visitors and supervisors apply nursing theory, nursing process and nursing standards of practice to their clinical practice and the theoretical framework that underpins the Program, emphasizing Self-Efficacy, Human Ecology and Attachment theories, through current clinical methods.

Element 12 A full time Nurse Home Visitor carries a caseload of 25 or more active Clients.

Element 13 NFP agencies are required to employ a NFP nurse supervisor at all times.

Element 14 Nursing Supervisors provide Nurse Home Visitors clinical supervision with reflection, demonstrate integration of the theories, and facilitate professional development essential to the Nurse Home Visitor role through specific supervisory activities including 1:1 clinical supervision, case conferences, team meetings and field supervision.

Element 15 Nurse Home Visitors and Nurse Supervisors collect data as specified by NFP and ensure that it is accurately entered into the NFP data collection system in a timely manner.

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Element 16 Nurse Home Visitors and Nurse Supervisors use data and NFP reports to assess and guide Program Implementation, enhance Program quality and demonstrate Program Fidelity and inform clinical practice and supervision.

Element 17 Agency is located in and operated by an organization known in the community for being a successful provider of prevention services to low-income families.

Element 18 Agency convenes a long-term Community Advisory Board that reflects the community composition and meets at least quarterly to implement a community support system for the program and to promote program quality and sustainability.

Element 19 Adequate organizational support and structure shall be in place to support Nurse Home Visitors and Nurse Supervisors to implement the Program with Fidelity to the Model.

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EXHIBIT B. NURSE-FAMILY PARTNERSHIP SUPPORT FOR AN AGENCY

To help Agency implement the Program with Fidelity to the Model, NFP provides the following support to Agency:

I. NFP provides support to help Agency prepare to implement the Program including: A. Materials to help Agency:

1. Select and set up Agency's work space; 2. Advise on appropriate telecommunications and computer capabilities; 3. Recruit and hire Program Supervisors, Nurse Home Visitors, and administrative

support staff; 4. Establish a network of sources who may refer low-income, first-time mothers to

Agency; 5. Establish a network of social services that can provide support to Agency's Clients; 6. Facilitate enrollment of Clients; 7. Work with media; 8. Inform the community and build support for Agency, the Program, and Program

Benefits; 9. Establish strong, stable, and sustainable funding for Agency operations.

B. Access to an Internet-based discussion forum with other entities that are implementing the Program.

C. A visit to Agency by a member of NFP staff to offer direct consultation on Program implementation.

II. NFP provides ongoing support to Agency via telephone, webinars, email and other mediums during Program implementation and operation, including: A. Consultation with respect to topics such as Nurse Home Visitor and Supervisor

recruitment and hiring, developing community support, keeping interested constituencies informed about progress and results, planning and implementing expansion, and sustaining and increasing funding;

B. Clinical consultation for Program Supervisors and Nurse Home Visitors; C. Consultation regarding data collection, entry, management, and interpretation. D. On-site consultation as is mutually deemed necessary and appropriate.

Ill. NFP provides a description of education programs, both required and optional, and a schedule of upcoming education events and locations. NFP may modify the specific names, descriptions, and content of education programs, as well as their schedule and locations from time to time and will inform Agency of such modifications on a timely basis.

IV. NFP provides education to Administrators, Program Supervisors and Nurse Home Visitors at dates and locations to be determined by NFP. Education will cover the following topics: A. The Program, Program Benefits, and Model Elements; B. Using the NFP DCS, including data collection, entry, management, and interpretation; C. Implementation of the Program using the NFP E-Guidelines and associated tools and

materials; D. Knowledge and skills needed by the NFP Program Supervisor for proper Program

delivery; and E. Other aspects of the Program that NFP believes are warranted for successful Program

implementation by the staff at Agency.

V. NFP provides Visit-to-Visit Guidelines and other materials to help Program Supervisors and Nurse Home Visitors implement the Program with Fidelity to the Model Elements. NFP may modify the Visit-to-Visit Guidelines from time to time and shall provide Agency with updated versions on a timely basis.

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VI. NFP provides support. for Agency's use of the NFP DCS, including: A. Monitoring the Agency's data collection and entry activity and quality and providing

feedback to Agency as appropriate; · B. Maintaining and supporting the NFP DCS software; C. Upgrading the NFP DCS software when deemed necessary by NFP; and D. Technical assistance via telephone or e-mail to support Agency's use of the NFP DCS.

VII. NFP provides implementation reports and evaluation reports at such times as NFP deems commercially reasonable and necessary to meet the needs of Agency and entities to which Agency may be obligated to provide such information. Subject to applicable federal and state laws, if any, such reports cover: A. Agency activity. Reports designed primarily for Program Supervisors and Nurse Home

Visitors to help them support and manage Nurse Home Visitor activity. B. Quality improvement. Reports aimed to help Agency improve Fidelity to the Model

including reports designed (i) to assist Program Supervisors and Nurse Home Visitors identify and prioritize actions for improving Program outcomes, and (ii) to help NFP staff assess how Agencies are performing with respect to Fidelity to the Model.

C. Program outcomes. Reports designed to help Program Supervisors and funding decision makers assess the effectiveness of the Program as applied to Agency's particular circumstances.

D. These reports are available on a pre-defined schedule or from NFP DCS on demand. NFP may modify the Program Reports from time to time.

VIII. NFP shall provide art work and color and usage guidelines to help Agency develop and produce communications materials that properly use the NFP trademark, logo, tag lines, and other copyrighted or otherwise protected language, images, and materials controlled by NFP.

IX. NFP will periodically assess the extent to which Agency is implementing the Program with Fidelity to the Model. When such assessment indicates opportunities for Agency to improve its results by strengthening Fidelity to the Model, NFP staff will meet with Agency supervision and mutually develop an improvement plan. From time to time, NFP may engage either internal or external auditors to evaluate the performance of the Agency. Agency shall cooperate fully with any quality audit that is undertaken by or on behalf of NFP.

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EXHIBIT C. FEES FOR NURSE-FAMILY PARTNERSHIP SERVICES

NFP fees for services provided under this Agreement will be as follows, subject to change in accordance with Section IV:

Initial NFP Education Fee (Invoiced upon completion of the face-to-face session)

Price Effective Date End Date Unit Price Unit of Measure 8/1/2017 7/31/2018 $4,532.00 One time per NHV or Supervisor

8/1/2018 7/31/2019 $4,668.00 8/1/2019 7/31/2020 $4,808.00

Initial NFP Program Supervisor Education Fee (Invoiced upon completion of the first face-to-face session)

Price Effective Date End Date Unit Price Unit of Measure 8/1/2017 7/31/2018 $818.00 One time per Supervisor

811/2018 7/31/2019 $843.00 8/1/2019 7/31/2020 $868.00

NFP Agency Administrator Education Fee (Invoiced upon completion of the first face-to-face session)

Price Effective Date End Date Unit Price Unit of Measure 811/2017 7/31/2018 $535.00 One time per Administrator

8/1/2018 7/31/2019 $551.00 8/1/2019 7/31/2020 $568.00

Initial NFP Educational Materials Fee (Invoiced upon completion of the face-to-face NHV Education session)

Price Effective Date End Date Unit Price Unit of Measure 8/1/2017 7/31/2018 $576.00 One time per NHV Trainee 811/2018 7/31/2019 $593.00 8/1/2019 7/31/2020 $611.00

Annual Program Support Fee (Invoiced annually on the Price Effective Date)

Price Effective Date End Date Unit Price Unit of Measure 8/1/2017 7/31/2018 $7,848.00 Per Program Supervisor Position

8/1/2018 7/31/2019 $8,088.00 per Year

8/1/2019 7/31/2020 $8,328.00 Annual Nurse Consultation Fee for Each First Program Supervisor at a Location (Invoiced annually on the Price Effective Date)

Price Effective Date End Date Unit Price Unit of Measure 8/1/2017 7/31/2018 $9,408.00 Per Program Supervisor Position 8/1/2018 7/31/2019 $9,696.00 per Year

8/1/2019 7/31/2020 $9,984.00 Annual Nurse Consultation Fee for Each Additional Program Supervisor at a Location (Invoiced annually on the Price Effective Date)

Price Effective Date End Date Unit Price Unit of Measure

8/1/2017 7/31/2018 $5,640.00 Per Program Supervisor Position 8/1/2018 7/31/2019 $5,820.00 per Year

8/1/2019 7/31/2020 $5,988.00 Program Supervisor Expansion or Replacement Fee (Invoiced at the time of hire)

Price Effective Date End Date Unit Price Unit of Measure 8/1/2017 7/31/2018 $3,078.00 One time per Expansion or Replacement

8/1/2018 7/31/2019 $3,174.00 Program Supervisor

8/1/2019 7/31/2020 $3,264.00 per Year

Data Transmission is an optional service (Invoiced on the Price Effective Date)

Price Effective Date End Date Unit Price Unit of Measure

8/1/2017 7/31/2018 $3,648.00 Data Transfer Set-Up Fee

$612.00 Quarterly transmission 8/1/2018 7/31/2019 $624.00 Quarterly transmission 8/1/2019 7/31/2020 $648.00 Quarterly transmission

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EXHIBIT D. HIPAA BUSINESS ASSOCIATE ADDENDUM

I. NFP may be considered a Business Associate of Agency, to the extent NFP either: (A) performs certain functions on behalf of or for Agency that may involve the use or disclosure of protected individually identifiable health information by Agency to NFP, or the creation or receipt of PHI by NFP on behalf of Agency; or (B) provides legal, actuarial, accounting, consulting, data aggregation, management, administrative, accreditation, financial or social services for Agency involving the disclosure of PHI.

II. Agency and NFP mutually agree to incorporate the terms of this Exhibit into the Agreement to protect the privacy, security, availability and integrity of Client information and further if and as necessary to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and HIPAA's implementing regulations, Title 45, Parts 160 and 164 of the Code of Federal Regulations ("Security and Privacy Rule"), as amended by HITECH. If any conflict exists between the terms of the Agreement and this Exhibit, the terms of this Exhibit shall govern.

Ill. Except as expressly indicated, this Exhibit is specific to those services and programs included in the Agreement where it has been concluded that NFP is performing specific functions on behalf of Agency that have been determined to be covered under the HIPAA Security and Privacy Rule. NFP's activities within the Agreement may include, but are not limited to the following: (i) data analysis, processing or administration, (ii) quality assurance, (iii), billing, and (iv) other management or administrative functions where NFP may not otherwise be subject to the HIPAA Security and Privacy Rule, including also health services functions.

IV. Definitions: A. Protected Health Information (PHI) means any information, whether oral or recorded in

any form or medium, including Electronic Health Records (EHR), that: (i) relates to the past, present or future physical or mental condition of any Individual; the provision of health care to an Individual; or the past, present or future payment of the provision of health care to an Individual; and (ii) identifies the Individual, or with respect to which there is a reasonable basis to believe the information can be used to identify the Individual. PHI includes demographic information unless such information is de­identified according to the Security and Privacy Rule.

B. Individual means the person who is the subject of PHI, and shall include a person who qualifies under the Security and Privacy Rule as a personal representative of the Individual.

V. Capitalized terms used in this Exhibit, but not otherwise defined, shall have the same meaning as those terms in the Security and Privacy Rule, as amended from time to time.

VI. Prohibition on Unauthorized Use or Disclosure of PHI: NFP shall not use or disclose any PHI received from or on behalf of Agency except as permitted by the Security or Privacy Rule, or as required by law, or as otherwise authorized in writing by Agency.

VII. Use and Disclosure of Protected Health Information: Except as described elsewhere in this Agreement, NFP may use or disclose PHI only for the following purpose(s): A. For the proper management and administration of the functions and activities related to

the provision of healthcare services specified within the Agreement. B. For meeting its obligations as set forth in any agreements between the Parties

evidencing their business relationship. C. As would be permitted by the HIPAA Security and Privacy Rule if such use or disclosure

were made by Agency or as required by applicable law, rule or regulation. D. For Data Aggregation purposes for the Health Care Operations of Agency.

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E. For use in NFP's operations as described in the Agreement.

VIII. Disclosures of PHI shall, to the extent practicable, be limited to the applicable limited data set and to the minimum necessary information to accomplish the intended purpose of the use, disclosure or request unless otherwise determined by guidance of the Secretary of the U.S. Department of Health and Human Services ("Secretary").

IX. Use of PHI for Certain of NFP's Operations: NFP may use and/or disclose PHI it creates for, or receives from, Agency to the extent necessary for NFP's proper management and administration, or to carry out NFP's legal responsibilities, only if: A. The disclosure is required by law. B. NFP obtains reasonable assurances, evidenced by written contract, from any person or

organization to which NFP shall disclose such PHI that such person or organization shall: 1. Hold such PHI in confidence and use or further disclose it only for the purpose for

which NFP disclosed it to the person or organization, or as required by law; and 2. Notify NFP, who shall in turn promptly notify Agency, of any instance which the

person or organization becomes aware of in which the confidentiality of such PHI was breached.

X. Safeguarding of PHI: NFP shall develop, implement, maintain, and use appropriate administrative, technical, and physical safeguards to prevent the improper use or disclosure of all PHI, in any form or media, received from or created or received by Agency on behalf of, Agency. NFP shall document and keep these security measures current, consistent with HIPAA Security Rule regulations. NFP shall cooperate and respond in good faith to any reasonable request from Agency to discuss and review NFP's safeguards. This Section X shall apply regardless of NFP's status as a Business Associate of Agency under HIPAA

XI. Subcontractors and Agents: If NFP provides any PHI which was received from, or created for Agency, to a subcontractor or agent, then NFP shall require such subcontractor or agent to agree in writing to the same restrictions and conditions as are imposed on NFP by this Exhibit and by sections 164.502 and 164.504(e) of Title 45 of the Code of Federal Regulation, as amended from time to time. NFP shall keep Agency informed of the identities of all subcontractors having access to PHI created, received, maintained or transmitted on behalf of Agency.

XII. Access to PHI: At the direction of Agency, NFP agrees to provide access to any PHI held by NFP which Agency has determined to be part of Agency's Designated Record Set, in the time and manner designated by Agency. This access will be provided to Agency or, as directed by Agency, to an Individual, in order to meet the requirements under the Security and Privacy Rule.

XIII. Reporting of Unauthorized Disclosures or Misuse of PHI: NFP shall report to Agency any unauthorized acquisition, access, use or disclosure of PHI including without limitation any Breach or Security Incident. NFP shall make the report to Agency not less than three (3) business days after NFP learns of such use or disclosure. NFP's report shall identify: (i) each individual protected by this Exhibit whose PHI has been, or is reasonably believed by NFP to have been, accessed, acquired or disclosed, (ii) the nature of the unauthorized use or disclosure, (iii) the PHI used or disclosed, (iv) who made the unauthorized use or received the unauthorized disclosure, (v) what NFP has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (vi) what corrective action NFP has taken or shall take to prevent future similar unauthorized use or disclosure. NFP shall provide such other information, including a written report, as reasonably requested by Agency.

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XIV. Mitigating Effect of Unauthorized Disclosure or Misuse of PHI: NFP agrees to mitigate, to the extent practicable, any harmful effect that is known to NFP of a misuse or unauthorized disclosure of PHI by NFP or its subcontractor in violation of the requirements of this Exhibit.

XV. Notification Requirements In the event of Unauthorized Disclosure or Misuse of PHI. In the event of a Breach, NFP agrees to take the following steps within 60 days: A. Provide written notice by first-class mail to the Individual or next of kin if the Individual is

deceased, at the last known address of the Individual or next of kin, or if specified as a preference by the Individual, by electronic mail.

B. If contact information is insufficient to provide notice to an individual, provide a substitute form of notice; and, where there are 10 or more Individuals with insufficient contact information, make a conspicuous posting as required by the Secretary as provided on the Secretary's official web site.

C. If the Breach involves the PHI of more than 500 Individual residents of the state, notify prominent media outlets.

D. Include in notice to individuals: (i) a brief description of what happened; (ii) a description of the type of information involved; (iii) steps Individuals should take to protect themselves from potential harm resulting from the Breach; a description of what is being done to investigate the Breach, mitigate losses and protect against further breaches; and (iv) contact procedures for Individuals to obtain further information.

E. Comply with any other notice requirements of the Security and Privacy Rule, the ARRA of 2009 or guidance statements of the Secretary, as amended from time to time.

XVI. Log of Unauthorized Disclosure or Misuse of PHI: NFP shall maintain a log of any Breach covered by this Exhibit and shall annually submit such log to the Secretary of the U.S. Department of Health and Human Services as required by section 13400 of the ARRA of 2009 and to Agency. NFP shall provide immediate notice to the Secretary and Agency of any breach of the PHI of 500 or more Individuals.

XVII. Accounting to Agency and to Government Agencies: NFP shall make its internal practices, books, and records relating to the use and disclosure of PHI available to Agency, or at the request of Agency, to the Secretary or his/her designee, in a time and manner designated by Agency or the Secretary or his/her designee, for the purpose of determining NFP's compliance with the Security and Privacy Rule. NFP shall promptly notify Agency of communications with the Secretary regarding PHI provided by or created by Agency and shall provide Agency with copies of any information NFP has made available to the Secretary under this provision.

XVIII. Prohibition on Sale of Electronic Health Records or Protected Health Information: NFP shall not receive remuneration in exchange for any EHR or PHI of an Individual received from or on behalf of Agency.

XIX. Term and Termination: In addition to the rights of the parties established by the Agreement, if Agency reasonably determines in good faith that NFP has materially breached any of its obligations under this Addendum, Agency, in its sole discretion, shall have the right to: A. exercise any of its rights to reports, access and inspection under this Exhibit; and/or B. require NFP to submit to a plan of monitoring and reporting, as Agency may determine

necessary to maintain compliance with this Exhibit, and/or C. provide NFP with a 30 day period to cure the breach; or D. terminate the Agreement immediately.

XX.Before exercising any of these options, Agency shall provide written notice to NFP describing the violation and the action it intends to take.

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XXI. Return or Destruction of PHI: The Parties agree that the return or destruction of PHI or Health Information is not feasible, due to data integrity and ongoing Program evaluation. Therefore, NFP shall extend the protections of this Exhibit to PHI and Health Information received from or created on behalf of Agency, and limit further uses and disclosures of such PHI, for so long as NFP maintains the PHI. The obligations of NFP under this Exhibit shall survive the termination of the Agreement.

XXII. Miscellaneous: A. Automatic Amendment: Upon the effective date of any amendment to the regulations

promulgated by the Secretary with regard to PHI, this Exhibit shall automatically amend so that the obligations imposed on NFP remain in compliance with such regulations.

B. Interpretation: Any ambiguity in this Exhibit shall be resolved in favor of a meaning that permits Agency to comply with the Security and Privacy Rule.

XXIII. The Parties acknowledge that, in the course of providing the services to Agency under the terms of the Agreement, NFP will be enabling the Prevention Research Center for Family and Child Health ("PRC"), an organization which is part of the University of Colorado at Denver and Health Sciences Center, to access data that may be PHI for the purposes of Research, analysis, and reporting. NFP shall require PRC and its employees and NFP's agents, employees, subcontractors or others to whom it provides PHI agree to the same restrictions and conditions that apply to NFP with respect to such information. NFP also agrees to take all reasonable steps to ensure that its employees', agents', or subcontractors' actions or omissions do not cause NFP to breach the terms of this Exhibit. NFP will use all appropriate safeguards to prevent the use or disclosure of PHI other than pursuant to the terms and conditions of this Agreement and Exhibit.

XXIV. Indemnification. NFP agrees to indemnify, defend, and hold harmless Agency and its respective directors, officers, employee, and affiliates from and against all claims, actions, damages, losses, liability, fines, penalties, costs, expenses, and/or reasonable mitigation or remediation services, including, without limitation, reasonable attorney's fees, incurred by Agency arising from or in connection with any breach of this Business Associate Addendum, or any negligent or wrongful acts or omissions in connection with this Business Associate Addendum, by NFP or its directors, officers, employees, subcontractors, or agents.

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EXHIBIT E. AGENCY RESPONSIBILITIES

To ensure that the Nurse-Family Partnership Program is implemented with Fidelity to the Model, Agency will undertake the following actions during initial implementation and ongoing operation:

I. Agency shall: A. Identify, from its top tier leadership, a Program Administrator to support Program

implementation within the community; B. Set up and maintain an appropriate work space for staff who are to implement the

Program; C. Establish and maintain appropriate telecommunications and computer capabilities for staff; D. Recruit, hire, and retain Program Supervisors, Nurse Home Visitors, and

administrative support staff; E. Establish, maintain, keep current and improve its network of referral sources who will

refer low-income, first-time mothers to Agency; F. Enroll Clients that meet the criteria specified in the Model Elements. G. Establish, maintain, keep current and improve its network of social services and

community resources that can provide support to Agency's Clients; H. Work with media to ensure timely and accurate communication to the public about

the Program and its implementation by Agency; I. Inform the community and build support for Agency, the Program, and Program

Benefits, including educating local, state and/or federal policymakers; J. Establish and maintain strong, stable, and sustainable funding for Agency operations and seek new funding streams to sustain and expand the Program. K. Utilize NFP's Internet-based discussion forum to share learning with other entities

that are implementing the Program.

II. Agency will keep NFP informed of implementation issues that may impact Program sustainability, ability to reach Program capacity, and attain Model Fidelity.

Ill. Agency will ensure that all Administrators, Program Supervisors, Nurse Home Visitors, and administrative staff attend, participate in, and/or complete education programs required by NFP, do so on a timely basis, and, upon completion, demonstrate a level of competence deemed satisfactory by NFP in its reasonable discretion.

IV. Agency will ensure that no Nurse Home Visitor is assigned a case load or makes a Client visit (except in the company of an NFP-educated Nurse Home Visitor) until after she/he has completed Unit II education on the Program, Program Benefits, Model Elements, use of the NFP DCS, and implementation of the Program for mothers who are pregnant.

V. Agency will implement the Program in accordance with E-Guidelines including: A. Ensure enrollment of 25 first-time mothers per full-time Nurse Home Visitor within

nine months of beginning implementation and make best efforts to maintain that level of enrollment on an ongoing basis. Agency NHVs must maintain caseloads equal or greater to 85% of the Agency's funded capacity in accordance with Agency's NFP implementation plan;

B. Ensure that each full-time Nurse Home Visitor carries a caseload of at least 25 active families and;

C. Maintain the established visit schedule and; D. Ensure that the essential Program content as described in the E-Guidelines is

addressed with Clients by Nurse Home Visitors.

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VI. Agency will ensure the availability of appropriate, fully functioning computer systems and software at Agency for use of the NFP DCS and to communicate with NFP by email.

VII. Agency will ensure that Program Supervisors and Nurse Home Visitors (a) collect required data on Client visits and enter it into the NFP DCS completely and accurately within five (5) business days of visiting the Client, and (b) enter any other data for NFP DCS completely and accurately on or before the last day of each calendar month, taking all appropriate steps to maintain Client confidentiality and obtain any necessary written permissions or agreements for data analysis or disclosure of protected health information, in accordance with HIPAA (Health Insurance Portability and Accountability Act of 1996) regulations, including, but not limited to, authorizations, data use agreements, and business associate agreements, as necessary. Failure of Agency to comply with any applicable provision of HIPAA will constitute a breach of this Agreement.

VIII. Agency will ensure that Program Supervisors: A. Aim to develop a supportive relationship with the Nurse Home Visitors she/he

supervises; B. Meet one-on-one with each Nurse Home Visitor at least weekly to provide clinical

supervision using reflection, preferably in person but by telephone where travel constraints limit nurse or Program Supervisor mobility; and

C. Run activity reports and quality improvement reports from the NFP DCS on a timely basis (typically monthly); use such reports to assess areas where systems, organizational, or operational changes are needed in order to enhance the overall quality of program operations; and develop and implement action plans based on these assessments, team meetings and case conferences, in accordance with the Model Elements.

IX. Agency will ensure that Administrators: A. Support the Team as appropriate; B. Review annual outcome and fidelity measures to assess the status of

implementation; C. Review capacity and sustainability regularly; D. Take advantage of NFP's ongoing distance learning opportunities related to

Administrator Orientation, and E. Make best efforts to develop a robust, supportive, active CAB.

X. Agency will develop a Community Advisory Board with diverse representation (for example, health, mental health, education, criminal justice, youth, business, social services, faith­based leaders, other prominent community organization leaders) to ensure broad-based community support for Agency's implementation of the Program.

XI. NFP will periodically assess the extent to which Agency is implementing the Program with Fidelity to the Model. When such assessment indicates opportunities for Agency to improve its results by strengthening Fidelity to the Model, NFP staff will meet with Agency supervision and mutually develop a plan to do so.

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Rev. 0912013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACI' C. ___ _

CONTRACTUAL PRQVISIQNS ATIACHMENI 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_.

1. TERMs HEREJN CONTROLIJNG PR.oymONS. It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. AGBEEMENI 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 FUNPING APPRQPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A 1.0-1101 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 terminated 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 LIABILITY. Neither the County of Shawnee nor any department tpereof shall hold harmless or indemnify any contractor for any liability whatsoever.

5. ANTI-DISCRJMINATION Q.AUSE. 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 ancestty, 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 S are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiSCal year.

..... ,·::'

6. ACCEPTANCE OF CQNTRACT. 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. DAMAGE§. WABRANlJES. Notwithstanding any language to the contnuy, 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.

8. RIPRESENTAJMi'S .At!TBOlUTY To CONTIACT. By signing this document, the representative of the contractor thereby represents that such person is duly authoriEed 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. REsPoNsmu.rrv FOR TAXE§. 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. INS1JRANCE. · The County shall not be required to purchase, any insurance agllinst loss. or. damage to any personal property to which this contnii:trelates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any ·such Joss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A 75-610 I et seq.), the vendor or lessor shall bear the risk of any loss ·or damage to any personal property to which vendor or lessor holds title.

VENDOR/CONTRACTOR:

Frank Daidone ~-=-By:

Acting CEO Title:

1/9/2018 Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

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To: Board of County Commissioners

From: Betty Greiner, Director of Administrative Services

Date: January 12, 2018

RE: Out-of state travel request

E Shawnee County )

AUDIT-FINANCE OFFICE Suite 201, Courthouse

200 SE 7th Street Topeka, KS 66603-3903

Board of County Commission approval is requested for one employee from Audit Finance to attend the 2018 GFOA (Government Finance Officers Association) Annual Conference in May 201 in St. Louis, MO.

We have reviewed the agenda and feel Shawnee County will benefit from attendance at this conference. The education and training at this conference is specific to governmental finance issues.

We believe this training would be beneficial for the following reasons: • Will provide a broad range of topics allowing participants to tailor their conference sessions to

their own needs and circumstances.

• Provide training and education on core financial functions for governmental entities including: o Accounting o Auditing Standards and Pronouncements o Budgeting and Financial Planning o Debt Management o Treasury and Cash Management o Risk Management o Economic Development

• Discussion group sessions to discuss topics directly relevant to local government

• Networking opportunities to develop peer contacts with other government finance officers • Provide Continuing Professional Education credit dire~tly relevant to government

We estimate the total cost of the conference to be approximately $1,350. This cost includes a discount for early registration. The employee that attends this training will provide a report and presentation to the department. They will also submit a written report to the Commission. Thank you for your consideration.

Fax 785-251-4941 Phone 785-251-4307