board of county commissioners agenda monday, … of county commissioners agenda monday, november 24,...

BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, NOVEMBER 24, 2014, 9:00A.M. COMMISSION CHAMBERS, ROOM B-11

I. PROCLAMATIONS/PRESENTATIONS

1. Presentation regarding water quality and wildlife management practices at Lake Shawnee.

2. Consider approval of request to submit a Water Restoration and Protection Strategy (WRAPS) grant application for an amount of$17,000.00 with a match requirement of$6,786.00 to fund the cost of floating vegetation mats to be placed in Lake Shawnee.

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Consider authorization and execution of Contract C413-2014 with Mary Froese, RE/MAX Associates of Topeka, for online real estate data search service--Appraiser.

2. Acknowledge receipt of the Independent Auditor's Report for the Extension Council.

3. Consider approval of request to authorize payment offmal expenses in an amount of$350.00, with reimbursement from St. Francis, for Ronald Slayton-County Counselor.

4. Consider approval of request to authorize payment offmal expenses in an amount of$350.00, with reimbursement from St. Francis, for Khaled M. El Sattam-County Counselor.

5. Consider approval of request to authorize payment offmal expenses in an amount of$350.00, with reimbursement from Midland Hospice, for Cathy Lynn Hood-County Counselor.

6. Consider acceptance of the October 2014 Bank Reconciliation Report from the County Treasurer.

7. Consider acceptance of easements and authorization to pay the property owner the agreed settlement amount of $4,165.00 for the SW Urish Road: SW 17th to SW 21 '1 Street ProjectPublic Works/Solid Waste.

8. Consider approval of Resolution No. 2014-104 authorizing the County Treasurer to cancel a check-Commissioner Archer.

9. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $396.34-District Attorney.

10. Acknowledge receipt of correspondence from KDHE regarding permit renewal for a Deffenbaugh transfer station.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

3. Consider authorization and execution of Contract C414-2014 with Blue Cross Blue Shield of Kansas to serve as the third party administrator for Shawnee County's 2015 major medical health benefit plan.

B. KANSAS EXPOCENTRE- H.R. Cook

1. Consider approval of request for emergency payment/insurance settlement regarding damage to RV electrical hookup boxes and light poles as a result of the theft of copper as follows:

(a) Accept the insurance claim check from Traveler's Insurance in an amount of$29,512.73. (b) Accept the intent of the Kansas Expocentre Capital Expenditure to pay Shawnee County the

deductible in the amount of$10,000.00. (c) Accept that Traveler's Insurance will pay for the depreciation, after the work is complete and

the depreciation is restored. (d) Make an emergency payment in the amount of $10,412.23 to D. L. Smith Electrical for the

first two stages of the restoration of power in the affected areas. (e) Agree to make payment to D.L. Smith Electric in an amount equal to $32,000 for the third

and fmal stage, making permanent repairs to the 24 RV hookups which were damaged.

2. Consider approval of request for capital expenditures in a total amount of$32,354.57 for the following:

(a) Deductible on insurance claim for the theft of copper wire to be paid to Shawnee County in an amount of$10,000.00.

(b) Replacement of one hydraulic cylinder on the Kaiser Drag in an amount of$573.85. (c) Installation of new key switch, new alternator bracket and a new fan drive on the Hyster Fork

truck in an amount of$980.77. (d) Purchase of two scoreboard horns and one hom interface for the controller for the scoreboards

in an amount of$1,241.03. (e) Service calls for the Ice Plant during start-ups due to multiple ongoing issues in an amount of

$4,401.32. (t) Purchase of20 new Motorola radios in an amount of$15,157.60.

C. SHERIFF'S OFFICE- Sheriff Jones

I. Consider authorization and execution of Contract C415-2014 with New World Systems for annual maintenance of the MSP Project in a total amount of $310,171.00 with reimbursement from Shawnee County Dept. of Corrections of$28,846.00 and from the City of Topeka in an amount of$124,999.00.

2. Consider authorization and execution of Contract C416-2014 with AT&T for annual maintenance of the Sentinel Patriot 911 phone system for the contract period of February 8, 2014 to Fel:ruary 8, 2015 in an amount of$24,500.00.

D. HUMAN RESOURCES- Jon Thummel

I. Consider authorization and execution of Contract C417-2014, amendment to the Memorandum of Understanding, with AFSCME, Local 1294, covering 85 employees of the Solid Waste Dept.

2. Presentations regarding the FOP impasse.

E. INFORMATION TECHNOLOGY- Pat Oblander

1. Consider approval of departmental reorganization plan.

2. Consider authorization and execution of Contract C418-2014 with lssuu.com for online PDF document publishing services at a cost of$420.00 annually.

F. APPRAISER- Mark Hixon

I. Consider approval of request to fill a vacant GIS Coordinator position.

G. COMMISSION

I. Consider acceptance of the' resignation of Mark Hixon as County Appraiser.

2. Consider appointment of an interim County Appraiser at a salary of $82,929.60.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

--..J--

a

SHAWNEE COUNTY

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR 3137 SE 29TH ST.

PARKS~RECREATION TOPEKA, Ks 66605-1885

(785) 251-2600 [email protected]

November 19, 2014

TO:

FROM:

RE:

Board of Commissio e Shawnee County

John E. Knight, Director Parks & Recreation

Presentation, Prohibition of Feeding Wildlife at Shawnee County Parks (Intended for the Proclamations/presentations Agenda, November 24)

Board of Commissioners recognition is requested for a presentation by Parks Director Terry Bertels and representatives from the Kansas Department of Wildlife Parks and Tourism. This presentation will include information regarding water quality and wildlife management practices at Lake Shawnee.

Lake Shawnee was identified by the Master Plan as one of the "finest regional parks in the midwest" and that developing management practices to maintain the asset were extremely important. Department staff has completed several riparian buffers within the park and native areas have been developed within the golf course to help with non-point source pollution and storm water runoff into the lake. Additional practices need to be implemented as well, such as the need to prohibit the feeding of wildlife, primarily waterfowl, at all Shawnee County Parks and Recreation facilities, not just Lake Shawnee to maintain water quality and wildlife management.

This presentation will outline the valid reasons for this prohibition that range from water quality issues, to artificially increasing the numbers of a given species, to endangering the bird or animal itself. These and other items will be discussed in greater detail during the presentation. The department plans to install signage at a number of locations as well as other educational methods to inform the public that the feeding of wildlife is prohibited. After a sufficient time of educating the public, penalties will begin to be implemented. Penalties will start out with warnings and increase to fines for repeat violators.

JEK/lrk TB

(

a SHAWNEE COUNTY

PARKS~RECREATION

November 7, 2014

TO:

FROM:

Board of Commissioners Shawnee County

John E. Knight, Directo~ Parks & Recreation

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR 3137 SE 29TH ST.

TOPEKA, Ks 66605-1885 (785) 251-2600

j ohn.knight@snco. us

RE: Grant Application- Kansas Alliance for Wetlands and Streams WRAPS Grant

Shawnee County Parks and Recreation is requesting approval to apply for a Water Restoration and Protection Strategy (WRAPS) grant from the Kansas Alliance for Wetlands and Streams (KA WS) in the amount of $17,000. There is a 30% match requirement or $6,786 for a total project cost of $24,286.

The grant will fund the cost of floating vegetation mats that will be placed in the lake and anchored to the lake bottom. The vegetation mats will be floating treatment wetlands in which the plants that are part of the floating mats take up nutrients through their root systems and store these nutrients in the plant tissue. It is a hydroponic system where the plants take nutrients directly from the water and do not root in the lake bottom. The plants are harvested annually and the excess vegetative material removed and composted for future use in park gardens. The process removes excess nutrients that have been stored in the plant tissues from the lake thereby improving the overall water quality of the lake. Floating vegetation mats are another tool in the toolbox for improving water quality issues at Lake Shawnee.

The vegetation mats will be anchored in the lake south of the southernmost buoys. There will be ongoing maintenance required on the mats to keep them in good repair. We will need to annually harvest vegetative material and address the possibility of the mats becoming nesting locations for geese. However, the overall benefit of the mats in positively affecting water quality outweighs the additional maintenance work to keep them in order.

JEK/lrk TB Attachment( s)

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Memornndtnn

Shawnee County OFFICE OF COUNTY APPRAISER

J. Mark Hixon, CKA, RMA

To: Board of Shawnee County Commissioners /JII!:)L From: J. Mark Hixon, Shawnee County Appraiseif f

Date: November 18, 2014

Re: Consent Agenda Request - Online Service Agreement

Please place the following item on the earliest available BCC Consent Agenda:

I am requesting BCC approval for the attached Shawnee County Online Real Estate Data Search Service Agreement with Mary Froese with REIMAX Associates of Topeka.

1515 NW Saline, Suite 100- Topeka, Kansas 66618-2838- Phone (785) 233-2882 - Fax (785) 291-4903

SHAWNEE COUNTY ONLINE REAL ESTATE DATA SEARCH SERVICE AGREEl\lffiNT

THIS SHAWNEE COUNTY ONLINE REAL ESTATE DATA SEARCH SERVICE AGREEMENT ("Agreement") is made and entered into this 12th day of November, 2014, by and between Shawnee County, Kansas, a municipal government under the laws of the State of Kansas, by and through the County Appraiser ("County''), and Mary Froese with REIMAX Associates of Topeka. ("Member") with its principal offices located 5815 SW 29th St, Topeka Ks, 66614.

WHEREAS, the County has developed an internet site whereby Members can access Shawnee County real estate information; and

WHEREAS, Member has requested access to the real estate information on the County's internet site; and

WHEREAS, the County and Member desire to enter into an agreement for access to the real estate data on the County's internet site.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the County and Member agree as follows:

l.SERVICES

1.1. The County agrees to provide on-line access to Shawnee County real estate characteristic information to Member pursuant to the terms and conditions stated in this Agreement (the "Service"). Member shall access the Service via the County' s web site ("Web Site") through the use of a user ID and password. The County will provide maintenance and support for the Service. No other services are provided under this Agreement. The real estate information provided through the Service will include the information obtained from the County's computer assisted mass appraisal (CAMA) system as well as real estate sales validation questionnaires.

1.2. Member is responsible for establishing and providing its own connection to the County's Web Site.

1.3. Member acknowledges and agrees that the County' s Web Site was developed by and is solely owned by the County and that it will remain the exclusive property of the County.

2. FEES AND PAYMENT

2.1 Member shall and hereby agrees to pay to the County a service fee in the amount of $255.00for Service provided from November 12, 2014 to November 13, 2015. Payment is due Q.!!

receipt. Payments shall be made to:

Shawnee County Appraiser Attn: Tanya Biswell 1515 NW Saline Ave Topeka, KS 66618

2.2 The County expressly reserves the ·right to increase the fees set forth above. The County shall provide to Member thirty (30) days written notice of any such increase and Member shall have

Page 1 of3

the option of terminating this Agreement within the thirty (30) day notice period if Member objects to the fee increase.

3.MEMBER'S RESPONSIBILITIES AND CERTIRFICATION

3 .1 Member agrees that its use of the Service and of information obtained through the Service will not be released, distributed, or exchanged with other persons or entities unless otherwise authorized by law.

3.2 Member is solely responsible for its use of the Service. Member agrees that it will not use the Service for any illegal purpose, in infringement of copyright, trademark, intellectual property or proprietary rights or laws, or in any manner or for any purpose that interferes with or disrupts other users, services, or equipment.

3 .3 The County shall provide to Member a user ID and password for use in accessing the Service. Member is solely responsible for managing its user ID and password. Member shall take all necessary and appropriate security measures to ensure that Member's user ID and password is not disclosed to other persons or entities. Member shall not share, loan, assign, transfer, or release its user ID and password to any other person or entity.

3.4 Member agrees that it will not use the data and information obtained through the Service for the purpose of selling or offering for sale any property or service to any person listed or to any person who resides at any address listed in the County' s data, nor will Member sell, give or otherwise make available to any person any list of names or addresses contained in or derived from such data for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed in the County's data. Member has read K.S.A. 45-220 and K.S.A. 21-3914 regarding the prohibition against using data for direct or indirect solicitation and agrees to comply with all applicable laws regarding use of the data and information obtained through the Service.

4. DISCLAIMER OF WARRANTIES

4.1 The County shall operate and maintain the Web Site, contingent upon the County's network and equipment capacity, and connection availability. Member acknowledges and agrees that the County does not operate or control the Internet or the World Wide Web.

4.2 The county expressly disclaims any express or implied warranties, representations, or endorsements regarding any information, products, or services provided pursuant to this Agreement or through the Web Site. Member acknowledges and agrees that the Web Site is for informational purposes only. The information, products, or services provided pursuant to this Agreement or through the Web Site are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by the County's employees, agents, or contractors shall create a warranty. Under no circumstances shall the County be liable for any direct, indirect, incidental, special, punitive, or consequential damages or losses that result from the Member's use of or inability to access any part of the Web Site or Member's reliance on or use of information, products, or services provided on or through the Web Site or that result from mistakes, omissions, interruptions; loss, theft, or deletion of files, errors, defects, delays in operation or transmission, computer viruses, or any failure of performance.

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5. TERMINATION

5.1 This Agreement shall continue from and to the dates first listed above unless terminated by either party as provided herein. Either party may terminate this Agreement with or without cause by giving thirty (30) days written notice to the other party. Upon submission of such notice, this Agreement shall terminate at the conclusion of the thirty-day notice period.

6. MISCELLANEOUS

6] The waiver of any breach of any provision of this Agreement shall not constitute a waiver of any subsequ~nt breach of the same or other provisions herein.

6.2 This Agreement contains the entire understanding between the parties and supersedes all prior agreements or understandings between the parties with respect to the subject matter hereof.

6.3 Any modifications or waiver of any provision in this Agreement shall not be effective unless made in writing. ·

6.4 This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas.

6.5 Member shall not assign, transfer, convey, sublet, resell or otherwise dispose of this Agreement or any of the rights and obligations hereunder without the prior written consent of the County.

~. By:\~ SHA~ECOUNTY,KANSAS

By: --~~~~--~~--------------Bob Archer, Chair

Shawnee County Commission

Title: ClliJ"n~ __ Date: --------~------------------

Date: 1\- \ Q - c9Q IY Phone Number: 1 '&t:S.:cQ13-l JOD

Fax Number: 'l8'S- c!J'73~ q :Sd-'7

E-maii:<:lhefv-oese:l:ea..rn@ 1(Cth00. ~

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l.VIe:D1.o:ra.nd..u'D1

DATE: November 19, 2014

Shawnee County

Office of County Clerk CYNTHIA A. BECK

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

200 SE 7th Street - Room 1 07 Topeka, Kansas 66603-3963

TO:

FROM:

RE:

BOARD OF COUNTY COMMISSIONERS

Cynthia A. Bec~ee County Clerk

}financial Statement- EXTENSION COUNCIL

Please acknowledge receipt of the Independent Auditor's Report for the following:

•!• Financial Statement and Report of Independent Certified Public Accountants Extension Council of Shawnee County, Kansas for years ending December 31, 2013 and 2012.

Thank you for yotir consideration.

CAB/bjf

Attachment:

bccagenda ext council fin report/financial statement/db

I I I I I I I I I I I

:I I I I I I I I

EXTENSION COUNCIL OF SHAWNEE COUNTY, KANSAS

Financial Statements with

Independent Auditors' Report For the years ended December 31, 2013 and 2012

By

DOUTHETT & CO. CPA, PA Certified Public Accountants

11 00 SW Wanamaker Road, Suite 1 02 Topeka, Kansas 66604-3805

(785) 272-4832 FAX (785) 272-4917

I I I I I I I I I I I I I I I I I I I


FINANCIAL STATEMENTS For the years ended December 31, 2013 and 2012

TABLE OF CONTENTS

Independent Auditors' Report

Statements of Cash Receipts, Expenditures And Unencumbered Cash

Statements of Expenditures- Actual and Budget

Statements of Cash Receipts and Expenditures -Actual and Budget- General Fund

Notes to Financial Statements

Page

1

2

3

4

6

By Appointment SENECA, HIAWATHA, SABETHA, HOLTON

TOLL FREE: 888-464-1342

1100 SW Wanamaker Rd., Suite 102 • Topeka, Kansas 66604

I Phone: (785) 272-4832 Fax: (785) 272-4917

3311 Clinton Parkway Ct., Lawrence, KS 66047 Phone: (785) 842-7269 Fax: (785) 842-5876 I Email: [email protected]

I I I I I I I I I I I

I I I

INDEPENDENT AUDITORS' REPORT

Executive Board Extension Council of Shawnee County, Kansas Topeka, Kansas

We have audited the accompanying statutory basis fmancial statements ofthe individual fund ofthe Extension Council of Shawnee County, Kansas as of and for the years ended December 31, 2013 and 2012, as listed in the table of contents. These statutory basis fmancial statements are the responsibility of the Council's management. Our responsibility is to express an opinion on these statutory basis financial statements based on our audit.

We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the Kansas Municipal Audit Guide. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the statutory basis financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the statutory basis financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall statutory basis financial statement presentation. We believe that our audit provides a reasonable basis for our opinion.

As described in Nate I, the Council prepares it!i fmancial statements on the prescribed basis of accounting that demonstrates compliance with the cash basis and budget laws of the State of Kansas, which practices differ from accounting principles generally accepted in the United States of America. The effects on the financial statements of the variances between these regulatory accounting practices and accounting principles generally accepted in the United States of America, although not reasonably determinable, are presumed to be material.

In our opinion, because the effects of the matter discussed in the preceding paragraph, the fmancial statements referred to above do not present fairly, in conformity with accounting principles generally accepted in the United States of America, the fmancial position of the Extension Council of Shawnee County, Kansas as of December 31, 2013 and 2012, or results of its operations for the years then ended.

In our opinion, the statutory basis financial statements referred to above present fairly, in all material respects, the cash and unencumbered cash balances of the individual fund of the Extension Council of Shawnee County, Kansas and their respective cash receipts and expenditures, and budgetary results for the years then ended, on the basis of accounting described in Note 1.

DA~d/7a_, dt:.?l/4/n-Doufif{tf'~c~CPA, PA · Certified Public Accountant October 29,2014

ME:MBERS: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS • KANSAS SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS

I I I I I I I I I I I I I I I I ,I I I


STATEMENTS OF CASH RECEIPTS, EXPENDITURES AND UNENCUMBERED CASH

For the years ended December 31, 2013 and 2012

Beginning unencumbered cash balance, January 1

Cash receipts

Expenditures

Ending unencumbered cash balance, December 31

Outstanding encumbrances and accounts payable

Ending cash balance, December 31

Composition of Ending Cash: Balances on deposit:

Savings deposit account Community National Bank, Topeka, Kansas

Demand deposit accounts Community National Bank, Topeka, Kansas

Total Ending Cash Balance

$

$

$

$

See accompanying notes to fmancial statements

- 2-

2013

491,721

857,344

(863,777)

485,288

42,679

527,967

473,270

54,697

527,967

2012

$ 421,706

802,591

(732,576)

491,721

55,097

$ 546,818

$ 516,977

29,841

$ 546,818

I I I I I I I I I I I I I I I

! I I I I


STATEMENTS OF EXPENDITURESACTUAL AND BUDGET


Certified budget for comparison

Expenditures chargeable to current year

$

Under/(Over) Budget $

See accompanying notes to fmancial statements

- 3-

2013

881,611

863,777

17,834

2012

$ 838,611

732,576

$ 106,035

I I EXTENSION COUNCIL OF SHAWNEE COUNTY, KANSAS

I STATEMENTS OF CASH RECEIPTS AND EXPENDITURES-

ACTUAL AND BUDGET- GENERAL FUND For the year ended December 31, 2013

I 2013 Variance

2012 Favorable

I Actual Actual Budget (Unfavorable)

CASH RECEIPTS:

I Local Sources

County appropriation $ 615,013 $ 615,013 $ 615,013 $ Kansas State University aid 71,762 72,620 74,598 (1,978) Educational and reimbursable 113,926 168,430 200,000 (31,570)

I Interest and other income 1,890 1,280 1,280

Total Cash Receipts 802,591 857,343 889,611 (32,268)

I EXPENDITURES: Salaries 423,671 450,421 467,167 16,746 Payroll taxes and benefits 111,420 131,540 137,331 5,791

I Rent, heat and lights 26,541 24,741 30,613 5,872 Supplies, stationery and postage 17,289 22,064 18,000 (4,064) Telephone 5,792 5,841 7,000 1,159

I Public notice, audit, bond

and insurance 11,703 10,169 10,000 (169)

Travel 8,436 11,416 12,000 584 Subsistence 3,389 5,774 4,500 (1,274)

I Equipment and maintenance 22,334 7,890 15,000 7,110 Miscellaneous 10,826 15,937 17,000 1,063 Education and reimbursable 91,175 154,493 200,000 45,507

I Capital outlay 23,490 43,000 19,510

Total Expenditures 732,576 863,776 $ 961,611 $ 97,835

I Receipts Over (Under) Expenditures 70,015 (6,433)

Unencumbered Cash, January 1 421,706 491,721

I Unencumbered Cash, December 31 $ 491,721 $ 485,288

I I I I I

See accompanying notes to financial statements

-4-

I I EXTENSION COUNCIL OF SHAWNEE COUNTY, KANSAS

I STATEMENTS OF CASH RECEIPTS AND EXPENDITURES-

ACTUALANDBUDGET-GENERALFUND For the year ended December 31, 2012

I 2012 Variance

2011 Favorable

I CASH RECEIPTS:

Actual Actual Budget (Unfavorable)

I Local Sources

County appropriation $ 615,013 $ 615,013 $ 615,013 $ Kansas State University aid 72,774 71,762 74,598 (2,836)

Educational and reimbursable 99,173 113,926 140,000 (26,074)

I Interest and other income 2,471 1,890 1,890

Total Cash Receipts 789,431 802,591 829,611 (27,019)

I EXPENDITURES: Salaries 435,894 423,671 461,667 37,996 Payrolltaxesandbenefits 117,956 111,420 137,331 25,911

I Rent, heat and lights 25,262 26,541 30,613 4,072 Supplies, stationery and postage 17,378 17,289 18,000 711 Telephone 5,790 5,792 7,000 1,208

I Public notice, audit, bond

and insurance 8,951 11,703 13,000 1,297

Travel 9,285 8,436 12,000 3,564 Subsistence 4,112 3,389 4,500 1,111

I Equipment and maintenance 11,944 22,334 17,500 (4,834) Miscellaneous 14,530 10,826 17,000 6,174 Education and reimbursable 106,031 91,175 100,000 8,825

I Capital outlay 20,000 20,000 20,000

Total Expenditures 777,133 732,576 $ 838,611 $ 106,035

I Receipts Over (Under) Expenditures 12,298 70,015

Unencumbered Cash, January I 409,408 421,706

I Unencumbered Cash, December 31 $ 421,706 $ 491,721

I I I I I

See accompanying notes to financial statements

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NOTES TO FINANCIAL STATEMENTS


NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

Reporting Entity

The Extension Council of Shawnee County, Kansas (the Council), in cooperation with Kansas State University, provides technical assistance, information and education that improves family, farm and community life. The Council provides practical and useful information through educational programs which are based on scientific knowledge, applied principles and recommended practices.

The Council is a component unit of Shawnee County, Kansas based on fmancial accountability. The determination of fmancial accountability includes consideration of a number of criteria, including (1) the appointment of a voting majority of an entity's governing authority and the ability of the primary government to impose its will on the entity, (2) the potential for the entity to provide specific fmancial benefits to or impose specific fmancial burdens on the primary government, and (3) the entity's fiscal dependency on the primary government. These financial statements contain only the financial information related to the Extension Council of Shawnee County, Kansas.

Basis of Accounting

The statutory basis of accounting, as used in the preparation of these statutory basis fmancial statements, is designed to demonstrate compliance with the cash basis and budget laws of the State of Kansas. Cash receipts are recognized when the cash balance of a fund is increased. Expenditures include disbursements, accounts payable, and encumbrances. Encumbrances are commitments related to unperformed (executory) contracts for goods and services, and are usually evidenced by a purchase order or written contract.

The Council has passed a resolution waiving the requirements ofK.S.A. 75-1120a(a). As allowed by the State of Kansas, this annual resolution waives the requirement to report its fmancial statements in compliance with generally accepted accounting principles.

The basis of accounting described above results in a financial statement presentation which shows cash receipts, cash disbursements, cash and unencumbered cash balances, and expenditures compared to budget. Balance sheets that would have shown non-cash assets such as receivable, inventories and prepaid expenses, liabilities such as deferred revenue and matured principal and interest payable, and reservations of the fund balance are not presented. Under generally accepted accounting principles, encumbrances are only recognized as a reservation of net assets; encumbrances outstanding at year end do not constitute expenditures or liabilities. Consequently, the expenditures as reported do not present the cost of goods and services received during the fiscal year in accordance with generally accepted accounting principles. Purchases of land, buildings and equipment owned by the Council are expensed in the year of purchase rather than capitalized and depreciated as required by generally accepted accounting principles.

Fund Descriptions

In governmental accounting, a fund is defmed as an independent fiscal and accounting entity with a selfbalancing set of accounts recording cash and other financial resources, together with all related liabilities and residual equities or balances, and changes therein, which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations. The fmancial activities of the Council only utilize the General Fund, which is to account for all unrestricted resources except those required to be accounted for in another fund. During 2013 and 2012, no resources were required to be accounted for in another fund.

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NOTE I- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

Cash and Cash Equivalents

Cash balances are invested to the extent available in a savings account. All investments are stated at cost.

Reimbursements

The Council records reimbursable expenditures m the fund that makes the disbursement and records reimbursements as revenue to the fund.

NOTE 2- BUDGETARY INFORMATION

The budget for the Council is submitted to and becomes part of the budget for Shawnee County, Kansas. All statutory requirements for publication, public hearings and adoption of the fmal budget are accomplished for the Council as part of the budget process of the county. The Council inter local is exempt from the budget law (K.S.A. 79-2935).

All budgets are prepared utilizing the modified accrual basis of accounting, modified further by the encumbrance method of accounting. Revenues are recognized when cash is received. Expenditures include disbursements, accounts payable and are supported by a document evidencing the commitment, such as a purchase order or contract. All unencumbered appropriations lapse at year-end.

Annual budgets are adopted by the Executive Board and are approved by the Shawnee County Commission. Original appropriations are modified as necessary and all significant changes are approved by the Executive Board.

NOTE 3- COMPLIANCE WITH KANSAS STATUTES

The Treasurer's surety bond was less than 100% of the total funds on hand at any one time which is a violation ofK.S.A. 2-611.

The Council is not aware of any other statutory violations for the period covered by this audit.

NOTE 4- DEPOSITS

At December 31, 2013 and 2012, the carrying amounts of the Council's deposits were $540,144 and $546,818, respectively. The bank balances were $527,967 at December 31, 2013 and $546,818 at December 31, 2012. At December 31, 2013, $250,000 of the bank balance was covered by federal deposit insurance and the remaining $277,967 was collateralized by pledged securities held under joint custody receipts issued by a third-party bank. At December 31, 2012, $250,000 of the bank balance was covered by federal deposit insurance and the remaining $296,818 was collateralized by pledged securities held under joint custody receipts issued by a thirdparty bank. The pledged securities are held under a tri-party custodial agreement signed by all three parties: The Council, the pledging bank, and the independent third-party bank holding the pledged securities.

- 7-





NOTE 5- FIXED ASSETS

A summary of the changes in the Council's fixed assets, at original cost, for the year ended December 31, 2013 is as follows:

Balance, January 1, 2013

Additions Dispositions

Balance, December 31, 2013

$

$

Vehicles

44,532 $

16,277 (20,000)

40,809 $

Office Equipment

173,042

7,644 (17,496)

163,190

$

$

Total

217,574

23,921 (37,496)

203,999

A summary of the changes in the Council's fixed assets, at original cost, for the year ended December 31, 2012 is as follows:

Vehicles

Balance, January 1, 2012 $ 44,532 $

Additions Dispositions

Balance, December 31, 2012 $ 44,532 $

NOTE 6- LEASES

Office Equipment

161,463

13,222 (1,643)

173,042

$

$

Total

205,995

13,222 (1,643)

217,574

The Council had two operating leases in 2013 and 2012 for a copier and a postage machine. The copier lease required monthly lease payments of $307 and matures October, 2014. The postage machine required monthly lease payments of$138 and matures April, 2018. Total rental payments for the year ended December 31, 2012 and 2011 were $7,890 and $8,845. Future minimum rental payments under these operating leases are as follows:

2014 4,726 2015 1,656 2016 1,656 2017 1,656 2018 552

Total $ 10,246

- 8-





NOTE 7- EDUCATIONAL AND REIMBURSABLE INCOME

Cash receipts and expenditures in this category represent fees collected for specific services which require special equipment or personnel such as soil testing services and other educational services. None of these amounts collected represent tax monies.

NOTE 8 -DEFINED BENEFIT PENSION PLAN

The Agency participates in the Kansas Public Employees Retirement System (KPERS), a cost-sharing multiple-employer defined benefit pension plan as provided by K.S.A. 74-4901, et seq. KPERS provides retirement benefits, life insurance, disability income benefits, and death benefits. Kansas law establishes and amends benefit provisions. KPERS issues a publicly available financial report that includes financial statements and required supplementary information. That report my be obtained by writing to KPERS ( 611 S. Kansas, Suite 100; Topeka, KS 66603) or by calling 1-888-275-5737.

K.S.A. 74-4919 establishes the KPERS member-employee contribution rate at 4% of covered salary for Tier 1 employees, and 6% for Tier 2 employees. The employer collects and remits member-employee contributions according to the provisions of section 414(h) of the Internal Revenue Code. State law provides that the employer contribution rate be determined annually based on the results of an annual actuarial valuation. KPERS is funded on an actuarial reserve basis. State law sets a limitation on annual increases in the contribution rates for KPERS employers.

The employer rate established for the period January 1, 2013 to December 31, 2013 was 7.94% The employer rate established for the period January 1, 2012 to December 31, 2012 was 7.34%. The Council's contributions to KPERS for the years ended December 31, 2013 and 2012 were $12,899 and $9,771, respectively, which is equal to the required contributions for the years.

NOTE 9- COMPENSATED ABSENCES

All regular employees with 90 days of employment are eligible for annual leave benefits in varying annual amounts depending upon years of service. Employees are allowed to accumulate and carry forward a maximum amount of annual leave ranging from 144 to 240 hours depending on their years of service. Annual leave is payable upon termination of employment. Annual leave earned by unpaid as of December 31, 2013 and 2012 was approximately $54,377 and $46,622, respectively.

NOTE 10- RISK MANAGEMENT

The Extension Council of Shawnee County, Kansas is exposed to various risks ofloss related to torts; theft of, damage to and destruction of assets; errors and omissions; and natural disasters for which the Council carries commercial insurance. Settlements of claims did not exceed coverage in the last year.

NOTE 11 -CONCENTRATIONS

The Council is not a separate taxing entity. Shawnee County, Kansas levies taxes and appropriates an amount to the Council. In 2013 and 2012, the Council's county appropriation accounted for 71.73% and 76.63% of the Council's total revenue, respectively.

- 9-





NOTE 12- POST RETIREMENT BENEFITS

The Council provides for retiree's to remain a part of the existing health care group plan. The plan is contributory, with the participant's contributions covering 100% of the cost of health care coverage.

NOTE 13- DISCLOSURE OF EVALUATION OF SUBSEQUENT EVENTS

The Companies have adopted FASB ASC Topic 855, Subsequent Events. ASC 855 establishes standards of accounting for and disclosure of events that occur after the balance sheet date but before the fmancial statements are issued or are available to be issued. Specifically, it sets forth the period after the balance sheet date during which management of a reporting entity should evaluate events or transactions that may occur for potential recognition or disclosure in the financial statements, the circumstances under which an entity should recognize events or transactions occurring after the balance sheet date in its fmancial statements, and the disclosures that an entity should make about events or transactions that occurred after the balance sheet date. The adoption of ASC 855 had no impact on the Companies' fmancial statements.

In accordance with ASC 855, the Companies evaluated subsequent events through October 29, 2014, the date these fmancial statements were available to be issued. There were no material subsequent events that required recognition or additional disclosure in these financial statements.

- 10-

Shawnee County ~ Office of County Counselor

RICHARD V. ECKERT County Counselor

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

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

Fax (785) 291-4902

MEMORANDUM

TO: Board of Shawnee County Commissioners

FROM: Jonathan C. Brzon, Assistant Shawnee County Counselor


RE: Request to Authorize Payment of Final Expenses for Ronald Slayton

Please add this item on the Monday, November 24,2014 Commission consent agenda.

The Shawnee County Coroner's Office has an unclaimed body requiring disposition at this time. The body at issue is that of Mr. Ronald Slayton, a 65 year old male who was admitted to St. Francis Hospital on April 17, 2014 with pneumonia. His condition declined and his death was pronounced on April19, 2014. According to the Shawnee County Coroner's Office, Mr. Slayton had a past medical history of tobaccos use, chronic obstructive pulmonary disease and alcohol abuse.

Mr. Slayton's death did not fall under the County Coroner's jurisdiction. On May 1, 2014 St. Francis Hospital requested the Coroner's Office to have the decedent cremated and that the hospital would reimburse the County for the costs. St. Francis attempted to contact Mr. Slayton's next of kin but had no luck. The Coroner's Office also attempted to contact Mr. Slayton's friend who was listed as an emergency contact and also attempted to contact a possible son in Toledo, Ohio but those attempts were unsuccessful.

Our cost for cremation through Penwell-Gable Midtown Chapel/Shared Mortuary Services is $350.00. Pursuant to K.S.A. 22a-215, if a body is unclaimed, the state or county officer responsible for the final disposition of the deceased person may authorize and order the cremation or burial of the deceased person. In the case that no assets are found with the body, or if such assets are not sufficient to cover the costs of disposition of the body, burial expenses are to be paid from the County general fund.

This request for final expenses is for the full $350.00 cost. Again, St. Francis Hospital will be reimbursing the County for this cost.

APPROVAL OF TIDS CONSENT ITEM WOULD DO THE FOLLOWING:

1. AUTHORIZE PAYMENT IN THE AMOUNT OF THREE HUNDRED FIFTY AND N0/100 DOLLARS ($350.00) TO BE DISBURSED FROM THE COUNTY'S GENERAL FUND TO PAY FOR THE FINAL DISPOSITION AND TRANSPORTATION EXPENSES OF RONALD SLAYTON.

By copy of this memorandum I am notifying the Shawnee County Coroner's Office of the above-recommended action. If you have any questions, please contact me.

JCB/mlb

C: Richard V. Eckert, Shawnee County Counselor Dr. Charles F.K. Glenn, Shawnee County Coroner Jennifer McCollum, Medical Investigator, Shawnee County Coroner's Office

' \. ~

Shawnee County ~ Office of County Counselor r




Fax (785) 291-4902

MEMORANDUM


FROM: Jonathan C. Brzon, Assistant Shawnee County Counselor


RE: Request to Authorize Payment of Final Expenses for Khaled M. El Sattam

Please add this item on the Monday, November 24,2014 Commission consent agenda.

The Shawnee County Coroner's Office has an unclaimed body reqUiring disposition at this time. The body at issue is that of Mr. Khaled M. El Sattam, a 54 year old male who was admitted to St. Francis Hospital on April 28, 2014 due to septic shock and acute myocardial infarction. His condition declined and his death was pronounced on May 7, 2014. According to the Shawnee County Coroner's Office, Mr. El Sattam had a past medical history of arthritis, schizophrenia, chronic obstructive pulmonary disease, diabetes, tobacco use, asthma, obesity, renal failure and cardiogenic shock.

Mr. El Sattam death did not fall under the County Coroner's jurisdiction. On May 8, 2014 St. Francis Hospital sent the Coroner's Office a letter relinquishing the decedent and acknowledging the need to reimburse the County for the costs. St. Francis had no luck obtaining any next of kin information. The Coroner's Office also tried with no result.

Our cost for cremation through Penwell-Gable Midtown Chapel/Shared Mortuary Services is $350.00. Pursuant to K.S.A. 22a-215, if a body is unclaimed, the state or county officer responsible for the final disposition of the deceased person may authorize and order the cremation or burial of the deceased person. In the case that no assets are found with the body, or if such assets are not sufficient to cover the costs of disposition of the body, burial expenses are to be paid from the County general fund.

This request for final expenses is for the full $350.00 cost. Again, St. Francis Hospital will be reimbursing the County for this cost.

" \

APPROVAL OF TIDS CONSENT ITEM WOULD DO THE FOLLOWING:

1. AUTHORIZE PAYMENT IN THE AMOUNT OF THREE HUNDRED FIFTY AND N0/100 DOLLARS ($350.00) TO BE DISBURSED FROM THE COUNTY'S GENERAL FUND TO PAY FOR THE FINAL DISPOSITION AND TRANSPORTATION EXPENSES OF KHALED M. ELSATTAM.


JCB/mlb


' '

Shawnee County ~ Office of County Counselor




Fax (785) 291-4902

MEMORANDUM


FROM: Jonathan C. Brzon, Assistant Shawnee County Counselor~ l~ November 19, 2014 DATE:

RE: Request to Authorize Payment of Final Expenses for Cathy Lynn Hood

Please add this item on the Monday, November 24, 2014 Commission consent agenda.

The Shawnee County Coroner's Office has an unclaimed body requiring disposition at this time. The body at issue is that of Ms. Cathy Lynn Hood, a 56 year old female who was admitted to Midland Hospice on May 15, 2014 with malignant neoplasm of the esophagus. Her condition declined and her death was pronounced on June 19, 2014.

Ms. Hood's death did not fall under the County Coroner's jurisdiction. On June 19, 2014 Midland Hospice relinquished the decedent to the Coroner's Office and acknowledged the need to reimburse the County for the costs. While the decedent has two sons, one is currently in prison and the other is homeless so the family was not able to financially accept the responsibility of final arrangements.

Our cost for cremation through Penwell-Gable Midtown Chapel/Shared Mortuary Services is $350.00. Pursuant to K.S.A. 22a-215, if a body is unclaimed, the state or county officer responsible for the fmal disposition of the deceased person may authorize and order the cremation or burial of the deceased person. In the case that no assets are found with the body, or if such assets are not sufficient to cover the costs of disposition of the body, burial expenses are to be paid from the County general fund.

This request for final expenses is for the full $350.00 cost. Again, Midland Hospice will be reimbursing the County for this cost.

APPROVAL OF THIS CONSENT ITEM WOULD DO THE FOLLOWING:

1. AUTHORIZE PAYMENT IN THE AMOUNT OF THREE HUNDRED FIFTY AND N0/100 DOLLARS ($350.00) TO BE DISBURSED FROM THE COUNTY'S GENERAL FUND TO PAY FOR THE FINAL DISPOSITION AND TRANSPORTATION EXPENSES OF CATHY LYNN HOOD.


JCB/mlb


DATE:

TO:

FROM:

CC:

RE:

November 17, 2014

Shawnee County Office of County Treasurer

Room 101, Courthouse, Topeka, Kansas 66603 Phone 785-233-8200 Ext. 5161

http://www.snco.us

LARRYMAH COUNTY TREASURER

MEMORANDUM

Shawnee County Board of Commissioners

i

Larry Mah, Shawnee County Treasure~

Simon Martinez, Deputy Financial Administrator

October 2014 Bank Reconciliation

Please place this request on the Monday, November 24, 2014 Board of County Commission Consent agenda for final approval of the October 2014 bank reconciliation report. This bank reconciliation report has been reviewed and approved by the Deputy Financial Administrator.

Thank you for your time and consideration.

October 2014 Bank Reconciliation

Ending balance Per IFAS

Reconciling Items

Less:

Credit cards {posted to bank in November 2014)

Deposit in Transit (posted to bank in November 3, 2014)

Add:

Outstanding checks as of 10/31/2014

Credit Card payments {posted to IFAS in November)

ACH Credit- Amerigroup payments (SCHA) {posted to IFAS November 3, 2014)

ACH Credit-UHG Community PL-HCCiaim Payment (SCHA) {posted to IFAS November 3, 2014)

ACH Credit-UHG Community PL-HCCiaim Payment (SCHA) {posted to IFAS November 17, 2014)

ACH Credit-State of Kansas SMART payment (DA) {posted to IFAS November 3, 2014)

ACH Credit-Lake Shawnee Golf Course (P & R) {posted to IFAS November 3, 2014)

ACH Credit-IRS {ROD) {posted to IFAS November 5, 2014 )

ACH Credit-Mise Pay {pending reversal with vendor)

Adjusted ending balance

Vault cash

Ending balance per UMB Bank

Difference

Prepared by: tjt

Shawnee Co. Treasurer's Office November 17, 2014

$ 76,076,659.43

$ 76,076,659.43

$ $ $

$ $ $ $ $ $ $ $ $ $

$

$

$

14,723.40

153,750.69

168,474.09

2,937,533.89

633.00

365.56

181.33

5.97

3,509.00

24,214.00

60.00

200.36

2,966,703.11

78,874,888.45

4,000.00

78,870,888.45 78,874,888.45

Date:

To:

From:

Re:

Shawnee County

Department of Public Works 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

785-251-6101 FAX 785-251-4920

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

COUNTY ENGINEER

MEMORANDUM

November 18, 2014

Board of County Commissioners for CONSENT AGENDA

Thomas F. Flanagan, P.E. JLJ./VVVCI"-Y fo:;~ Deputy Director of Public Works

Right-of-Way Acquisition SW Urish Road: SW 17'11 to SW 21st Project No. S-701005.00

Public Works has reached agreement with the property owner listed below for right-of-way necessary to construct the above referenced project.

Public Works requests authorization to pay the settlement amount listed below.

Owner Item Tract No. Value Permanent Public Right-of-Way

Passow Realty LCC, c/o Ryan Easement, Permanent Drainage 12 $4,165.00

Passow Easement, Temporary Construction Easement

Funding for this requested expenditure will come from the Special Highway Improvement Account GL 27SCOOO I JL 204000000. No detrimental budgetary implications are anticipated as a result of this requested expenditure.

attachment

Shawnee County Office of County Treasurer

LARRY MAH Room 101, Courthouse, Topeka, Kansas66603

Phone 785-233-8200 Ext. 5161 http://www.co.shawnee.ks.us

RESOLUTION NO. d{) /LJ- J fJ 'I BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY,

KANSAS sitting in regular session this 24th day of November, 2014, that the Shawnee County

Treasurer be authorized and directed to cancel the following check(s):

NAME OF VENDOR Alissa A Seal

REASON

FUND 70HB707

CHECK 20014540

AMOUNT $936.34

ISSUED 10-31-14

Customer not due refund because credit card was charged back on November 14, 2014.

ATIEST:

Cynthia A. Beck, County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Robert E. Archer, Chair

Kevin J. Cook, Vice Chair

Michele A. Buhler, Member

NIC Payment Engine- Quick Search Page 1 of2

I ----- ----------- -----1 Order Details

I I General Information

Order ID:

Reference ID:

Merchant Code:

Service Code:

Order Date:

Status:

17695660

3625304

, CO_SHAWNEE01 - Shawnee County

WP CC County Treas Pymt

KPCPYMT- KanPay Counter Payments

07/31/14 04:10PM

COMPLETE

Customer Information

Username:

Contact Name: Alissa A Seal

Phone Number:

Phone Number 2:

Email Address:

IP Address:

Mailing Address: ' 666_0_9~-----'

F Order Items I Order Total: i $959.7~

Invoice

Invoice ID: 07/31/14 12:00 AM I Total Amount: i $959.75 I Admin User

Invoice Items

SKU lID j Instance ID

CO_SHAWNEE01 :l0972604 ,-1

TPEFEE 10972606 2

Transaction History {Click on Id for details}

Description

Property Tax

Service Fee

ID ! Type i Date I Implement I Amount

AUTH

11070508

11623804

12962168

I 07/31/14 04:10 PM ; CREDIT 'CARD

• $959.75

i $959.75

Unit Price quantity J 1 !

I 1i

Invoice Total: i

Extended Price

$936.34

$23.41

$959.75

https :/ /tpe2admin-ks. cdc.nicusa. com/Kansas/ Admin!Research!QuickSearch.aspx 11118/2014

County Of Shawnee

Open Hold Distribution Detail

From 01/01/2014 to 11/18/2014

Batch ID Vendor ID Vendor Name PO No. PR No. Invoice No.

Q4CAA30A 0054360 SEAL, ALISSA A INV054356

User: TEFFTT- Tammy Tefft Page:'! Report:AP _OHDTL_DD_TAM- AP: Open Hold Detail Report-Drill Down

Post Date GL Account Code Check No.

10/30/2014 GL 70HB707-50703 AP 20014540

Transaction Amount

936.34

Total for Batch Q4CAA30A: 936.34

Report Total: 936.34

11/18/2014 :Current Date 10:47:49 :Current Time

Vendor Address

0054360

ALISSA A SEAL

5452 SW 12TH TERR #4

TOPEKA

User: TEFFTT

Report: AP _BKDOC_DD

66604

Shawnee County

Vendor Check History Status

Check Amount

936.34

Page

Tammy Tefft

Bank ID

AP

AP: Check History Check Status-Drill Down

Check Number Check Date Check Status

20014540 10/31/2014 IS

Current Date: 11/18/2014

Current Time: 10:47:58

SHAW1004

Bank ID:

Account Number:

Serial Number: 20014540

Amount: 936.34

Reason: Additional Data: Memo: Response:

Event

Entered Approved In Process

User

CAS SAND CASSANO SYSTEM

Total For Account: 1

Total Place Stops: 1

User Group

SHAW1004 SHAW1004

Place Stop

Bank Name: UMB Bank, n.a.

Account Name: Operating CDA

Range: 20014540

Check Issue Date:

Stop Duration: 12 Months

Datemme

18-Nov-2014 11:03:17 AM 18-Nov-2014 11:03:17 AM

18-Nov-20 14 11:04:34 AM

Page 1 of 1

TO:

FROM:

DATE:

RE:

OFFICE OF THE DISTRICT ATTORNEY THIRD JUDICIAL DISTRICT OF KANSAS

Chadwick J. Taylor, District Attorney

MEMORANDUM

Board of County Commissioners /

Chadwick J. Taylor, District Attorney?"

November 19, 2014

Request for Diversion Fund Payments

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

1) Clayton Paper & Distribution, Inc. for copy paper a) Invoice No. 74774 dated November II, 2014 in the amount of$154.50

2) Douglas County District Court for certified records a) Invoice No.ll252 dated November 17,2014 in the amount of$8.25

3) Independent Stationers for office supplies a) Invoice No. 475576 dated November 12,2014 in the amount of$277.44 b) Invoice No. 4 75648 dated November 12, 2014 in the amount of $34.11 c) Invoice No. CM-22589 dated November 14,2014 in the amount of -$109.96

4) Olsen, Jennifer for transcript fees a) Invoice No. 2014-21 dated November 12,2014 in the amount of$32.00

The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above itemized invoices, in the total amount of $396.34, to be paid from the Diversion Fund account.

Shawnee County Courthouse 200 SE 7th Street, Suite 214 • Topeka, Kansas 66603 • (785) 233-8200 Ext. 4330 • www.co.shawnee.ks.us

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

CLAYTON PAPER AND DISTRIBUTION 1302 S. S8th. Street ST.JOSEPH, MO 64507 www.claytonpaper.com

Ship To

Phone 8l6·364·Q220 Fax 816-364-0086

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

:,~~yo:~e~ #. < .-_:. :· 074774

:.~n.yoi.e~J}~t~:/:.,. · .. •· ·· • .,. •:•. ;:~.~~P.:'·~~r~;:::::;::;::::tf};:, ·:=rr~i~,~!if~w~:::::::::::::::::::::::t:::=:::=:{:,t ::ge:~::w~n\~ll:::'n:::r=:':::::tu''t'':::::,::=::::::':::r:}:=:::. ::m~t:m~:r::='::•::::::':••:::=::;:::;.::=:;::::::::::=:=::'::;:' :=:,,,;::[.·)::::=:::::::=::-:;:::'::::'::::': .

11/11/2014 11/10/14 PREPAID NET 30 DAYS

···:. •'· ·=·:··.

•':. •' . . . ~:-. •, . . : .:· . _;. . : . ,. . .:··.

:·.· ':. ···· ... ;. ·.;

.... :-.:=.··=:·· =.·:

... ·: ·.··

:::·

Signature Proof of Delivery: WE WILL BE HAVING A WAREHOUSE SALE NOV 6TH & 7TH!! •

11110/14 13: 10 ~ustomer Copy

PLEASE WATCH FOR MORE INFO!

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

Pay By 12/11/2014

Merchandise Freight Mise Charges Sub Total Taxable Tax nsE> TOTAL

·-.::(:: .. :.·.·

•,•: ...

154.50 o.oo 0 .. 00

154.50 0.00 0.00

$154.50

' Douglas County District Court Records 111 E 11th-St Lawren~~. KS 66044

{785)832-5141 . [email protected] www.douglas-county .c?m

••••'-~"!.1 ···-

Shawnee County District Attorney 200 SE 7th St Ste 214 Topeka, KS 66603

. I

• Access Fee (hourly) • Copies (per page) • Shipping & Handling • Certification(s)

Certified copies from: 2003CR. 'lte of Kansas vs. ······--· 1. Probable Cause Complaint/Information filed 06/09/2003 2: Journal' Entry-of Judgment filed 09/05/2003 · .

. . Pursuant to K.S.A. 60-2610, there will be a $30.00 service charge for all returned checks.

1.00 1.00

Invoice~___,...._

Please make checks payable to: Douglas County District Court

ependent Stationers '• Box 677426 _LAS, TX 75267

»ne..:-81--7-:"81.2 .. 8599

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

Customer PO #:

.~--~·-··-·-····

Invoice IN-000475576

Customer Account ........... : Invoice Date ..................... : 11/12/20.14 Sales Order .................... : S0-000479697 Order Date ....................... : 11/12/2014 Payment Terms ............... : Net 30 rl~v~ Contact Name .................. : Contact Phone ................. : Page ................................. : 1 of 1 Payment Method .............. : Check

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

1 Number Description ·~ .9!L_ Billing Code ·price Extended

\00020 CREAMER,CNSTR,120Z EA \00019 SUGAR, CNSTR,200Z EA )34116 FOLDER, Ei',2FSTNR.ANTIMCRL BX /10630 PAD,LGL RULED,PERF,L TR,CA DZ .48152 REFILL,MOTRIN,2/PK BX J50.150 SUGAR,SWEETNLOW,400/BX BX :101243 WATER,SPRING,.5 LTR CT C364A TONER,HP LJ 4015,BK EA ~PC2400BKI BA TTERY,PROCELL,AAA,24/BX BX /83410 TAPE,.75X1000 6ROLIPK,CR PK 15032315 TAPE,CRCTN,DRYLN M_INI,5PK PK ;16J16 CUP,16 OZ,FOAM,1M/CTN,WHT CT

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

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

!ase remit payment to: :lependent Stationers 0. Box 677 426 \.LLAS, TX 75267

3 2

. 1 2 1 1 3 1 1 1 1 1

$2.89 $1.65

$25.11 $8.95 $8.35

$11.13 $6.75

$109.96 $13.93

$3.08 $12.41 $43.35

Sub-Total: Freight:

Sales Tax: Total:

Deposit: Amount Due:

$8.67 $3.30

. $25.11 $17.90 $8.35

$11.13 $20.25

$109.96 $13.93 $3.08

$12.41 $43.35

$277.44 $0.00 $0.00

$277.44 $0.00

$277.44 --- --- --- --- --- --- ---

Invoice#: IN-000475576 Total Amount Due : $277.44

Customer Name: Shawnee County

Customer Account#: Invoice Due Date : 12/12/2014

Thank you for your Business!

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

ependent Stationers . ·sox 677 426 .LAS, TX 75267

ne :- 87-7-812-8599---- ····

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

Customer PO #:

Invoice IN-000475648

Customer Account ........... : Invoice Date ..................... : 11/12/2014 Sales Order .................... : S0-000479780 Order Date ....................... : 11/12/2014 Payment Terms ............... : Net 30 davs .1 Contact Name ........... , ..... · "''

. Contact Phone ........... .. Page ............................... :: 1 of 1 Payment Method .............. : Check


1 Number .:::D.::.es::.:c::.:ri.~;;Pt::::io:.:.:n _ _:___-,-______ ~ 9.!Y_ Billing Code· Price Extended

$34.11 $34.11 f\/33374 POINTER,LASER,WRLS EA 1

Sub-Total: Freight:

Sales Tax: Total:


$34.11 $0.00 $0.00

$34.11 $0.00

$34.11

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

~ase remit payment to: clependent Stationers 0 .. Box 677426 ~LLAS, TX 75267

· Invoice#: IN-000475648 Total Amount Due : $34.11


Customer Account#: Invoice Due Date : 12/1212014

Thank you for your Business!


ependent Stationers '.·Box677426 -LAS, TX 75267

•ne : 877-872-8599

BiiiTo: Shawnee County 200 SE 7th St TOPEKA, KS 66603

Customer PO #:

Special Instructions: S0-467221 I RA 3797352

Credit Memo CM-000022589 Customer Account ........... . Invoice Date ..................... : 11/14/2014 Sales Order .................... : 50-000477121 Order Date ....................... : 11/4/2014 Payment Terms ............... : Net 30 days Contaqt Name.................. _.., Contact Phone ................ : • Page ............................... :: 1 of 1 Payment Method .............. : Check


1 Number ;:_D..;;.e.:..;sc:.:.;riJ:..pt::.;:io:.:.;n __________ l)OM 3!L_ Billing Code Price Extended

·$109.96 $-109.96 . 0364A TONER,HPLJ 4015,BK EA · -1·

-----------------ensure proper credit, please attach this portion and return·

:h payment. Be sure customer number is written on check.

~ase remit payment to: :iependent Stationers 0. Box 677426 ~LLAS, TX 75267

Sub-Total: Freight:

Sales Tax: Total:


--------

$-109.96 $0.00 $0.00

$-109.96 $0.00

$-109.96

Invoice#: CM-000022589 Total Amount Due : $-109.96


Customer Account#: Invoice Due Date : 12/14/2014

. Thank you for your Business!


Bureau of Waste Management CurtiS State Office Bulfd1ng tOOO SW Jackson, SUite .320 Topi:;!k3, KS 00612-1366

Darryl Basham Deffenbaugh Solid Waste Processing Facility 2601 Midwest Dr. Kansas City, KS 66111-1760

November 17, 2014

RE: Permit Renewal for Permit No. 0916, for the following types of permits: Transfer Station; Shawnee County

Dear Mr. Basham:

ph011C: 785-200-1600 hrxr 785-296·8909

cm.::ul: [email protected] www.kdheks.gov/waste

Sam Brownb:n:k. Cklvernor

The Department of Health and Environment is in receipt of the permit renewal fee, updated liability insurance certificate, and financial assurance documentation for your solid waste facility as required by K.S.A 65-3407.

This letter will serve as the permit renewal for the period of December 14, 2014 through December 13, 2015.

All conditions, requirements and conformity with plans and specifications referred to and shown on permit 0916 remain in effect. Your continuing cooperation with the solid waste management program is appreciated.

~t2.~ Dennis A Degner, Ph.D., P.E. Chief, Solid Waste Permits Section

c Shawnee County Commissioners

DIVISION OF ENVIRONMENT Bureau of Waste Management

TO:

FROM:

DATE:

RE:

Shawnee County II J Office of County Clerk

CYNTHIA A. BECK

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

M E M 0 R A N D U M

Board of County ~:~issioners

Cynthia A. Beck\~unty Clerk

November 17, 2014

2015 Health Insurance Agreement

200 SE 7th Street - Room 1 07 Topeka, Kansas 66603-3963

Please consider. approval of the contract with Blue Cross Blue . Shield of Kansas as our third party administrator for Shawnee County's 2015 m~jor medical health benefit plan.

The contract has been reviewed by the County Counselor's Office.

CAB/clh

Attachments

For groups with a privacy officer www.bcbsks.com

Group Name SHAWNEE COUNTY

Group Number 96229

Plan Sponsor: A legal entity that offers the Group Health Plan (GHP) to its employees or members. A Plan Sponsor may be a director, senior executive, and all other employees who do not require access to enrollees' Protected Health lnfonnation (PHI) to perform their day-to-day job functions. These individuals should have no access to the employees' PHI other than their own personal information.

t-;:- Name ROBERT E ARCHER Title CHAIR

, §• 200 SE 7TH ST ROOM B-11 :;:;· Address ______________ :__ ________________________________ _ ' (.)·

. 85 City TOPEKA State _K_S __

29.1-4914

Zip Code _6_6_6_0_3 ___ _

Phone No. ( 785 ) 233-8200 Fax No. ( 785

E .1 Add [email protected] -ma1 ress-----------------------------------------------

Plan Administrator: The employee of the Plan Sponsor who is in charge of administering the GHP alone or through other employees.

CYNTHIA BECK Name--------------------~----------

Title _C_O_U_N_T_Y_C_L_E_RK _______ _

Address 200 SE 7TH ST STE 1 07

C. TOPEKA lcy ______________________________ _ State _K_s __ Z. c d 66603

1p o e -------

PhoneNo.(785 )_2_33_-_8_2_00 _______________ __ Fax No. ( 7 85 ),___:2::..::9:...:1:...-:...:4..:::9..:::1.::.2 ________ __

E-mail Address [email protected]

Group Leader: A term not defined in HIPAA Privacy rules, but means the person who the Plan Sponsor designates to handle enrollment and discnrollmcnt of GIIP members.

'C') Name CYNTHIA TREZZA Title _________________ _

· g· Address 200 SE 7TH ST ROOM 107

·~ • Q) City TOPEKA (fJ

Phone No. C 785 ) 233-8200 EXT. 4629


Fax No. ( 785

State _K_S __

) 291-4912

Zip Code _6_6_6_03 ____ _

Privacy Officer: The person responsible for the development and implementation of policies and procedures necessary for compliance.

N CYNTHIA BECK COUNTY CLERK ame Title-----------------

. -<::t Add 200 SE 7TH ST STE 1 07 c ress-------------------------------------------------0 .~ c· TOPEKA ~ 1~'----------------------------------:85

State _K_S __ Zip Code _6_6_6_0_3 ___ _

Phone No. ( 785 ) 233-8200 Fax No. ( 785 291-4912


By signing below, I certify that I am authorized by the employer group named above and its group health plan to assign and/or affinn the designation of the individual(s) named on this form.

Your signature required Date ___ ;. ___ ;. __ _

Printed Name--------------------------- Title------.....-------

.\:IC28.0a 7 107 "An 1ndependent Lil·ensc:~ or 1he Blue Cro!ts ;,1nd Blue Shield As..;oc:iatit)n.

Group Name: Shawnee County

Effective Period: 1/1/2015 -12131/2015

ASO - Summary of Charges

Sold Group #: 96229

MPN: 96229

** Option B **

1. Benefit Summary Blue Choice - Como Maior Medical $1.000/$3.000 deductible 80/20%, $30 OVC with $300 Lab/Xray rider. $200 ER cooaY. Accidents subiect to deductible and coinsurance. Unlimited Lifetime Max .. DePendents to 26. OB Benefits available to all EmploYee and Soouse onlY Excludino Deots of Deots .. Mental Health Paritv. HCR Preventive Services includino one colonoscopy @.100% annuallY. PDN. Unlimited ChiroPractic services. Annual Health Onlv Out of Pocket Maximum $3,000/$9.000, Includes Autism

2. Monthly Expected Claims -Incurred Basis A) Health and Office Visit Cooay

2A. Annualized Expected Claims*

2B. Aaareaate Attachment Point@ 115%*

Emo 403.52

$403.52

•Initial Aggregate Attachment Point will be based on first month's enrollment

3. Monthly Billed Chames A) General Ooeratino Exoense

B) Aooreoate StoP-Loss@. 115% w/ Monthly Aooreoate

C) Individual StoP-Loss@ $175,000

3A. Annualized Billed Chai'!Jes*

4. Weekly Charae for Claims Processina

5. Total Monthly Liability at Expected 5A. Annualized Liability at Expected*

6. Total Monthly Liability at 115% SA. Annual Liability at 115% *

*Based On Contract Counts of Health: 646 Emp- 209 E/Ch - 58 E/Sp - 68 E/Deps

-BLUES ENROLLMENT: BEH-- HCR GRANDFA THERED GROUP: NO--MEETS MINIMUM VALUE: Y-

Sioned by:

BlueCross BlueShield of Kansas

4.33

4.38

36 sz $45.68

$474.06

$538.31

Classified: Corporate

An Independent J.jcensee of the Blue Cross and Blue Shield

Associalion

E/Ch 508.44

$508.44

E/Sp 609.32

$609.32

$5,429,916.48

$6,244,403.95

5.23 6.56

5.52 6.61

~658 55 82 $57.33 $68.99

$613.933.80

6.16%

$597.09 $715.84 $6,378,333.14

$678.05 $812.87 $7,242,993.03

E/Deos 738.45

$738.45

7.68

8.02

6Z 66 $83.36

$867.30

$984.89

Date Sioned: ----

Actuarial Research 11103/2014

ASO Operating Expense I Stop-Loss Rates

Group Name: Shawnee County Sold Group#: 96229 MPN: 96229

Effective Period: 1/1/2015-12/31/2015 FINANCIAL CODE: 005

MONTHLY RATES

General Operating Expense Emp E/Ch E/Sp E/Deps

Blue Cross & Blue Shield ==:4#.3:;:3?==::;:5'#.2¥'3==::;:6;:.5;:;:6:===:;i7,;,;.6:;:8;= $4.33 $5.23 $6.56 $7.68

Type Benefit 096/496 Individual S-L@ $175,000

Emp E/Ch E/Sp E/Deps

Blue Cross & Blue Shield =;::::36:::,.9~7~===;4~6¥.5'¥:8=~5~5=.8~2=~6~7:::;:.6~6= $36.97 $46.58 $55.82 $67.66

BlueCross BlueShield of Kansas

Classified: Corporate

An Independent Licensee of the Blue Cross and Blue Shield

Association

Type Benefit 096/496 Aggregate S-L@ 115% w/ M.A.

Emp E/Ch E/Sp E/Deps 4.38 5.52 6.61 8.02 $4.38 $5.52 $6.61 $8.02

Actuarial Research 11/03/2014

..• ::::~::::d ® ofKansas

An Independent Licensee of the Blue Cross and Blue Shield Association.

AGREEMENT TO PROVIDE ADMINISTRATIVE SERVICES FOR A SELF-FUNDED HEALTH BENEFIT PLAN

(INCURRED BASIS)

This Agreement is entered into by and between BLUE CROSS AND BLUE SHIELD OF KANSAS, INC., (hereinafter "BCBSKS") and "Company" (as named below) for the purpose of providing for administration by BCBSKS of Company's self-insured health benefit plan, which has been adopted by Company for the purpose of providing certain health benefits to all eligible members (hereinafter "participants") under the terms and conditions set forth herein.

1. BCBSKS is a corporation organized and domiciled in Kansas and is authorized by law to provide administrative services to an employer or voluntary employees' beneficiary association which provides health care benefits to its employees or members.

2. Name of Company: Shawnee County Name of Benefit Plan: Shawnee County Title of Plan Administrator for Benefit Plan: County Clerk

Benefit Plan is established by Company for beneficiaries (which term includes "participants" or "subscribers') of the Benefit Plan.

3. The parties agree that Blue Cross and Blue Shield of Kansas, Inc., has been retained to administer claims and is not the insurer of this Benefit Plan. Blue Cross and Blue Shield of Kansas, Inc. provides administrative claims payment services and does not assume any financial risk or obligation with respect to claims, except to the extent benefits are paid under any stop loss coverage.

4. Any dispute arising between the parties to this Agreement shall be resolved according to the Dispute Resolution Procedure stated in this paragraph #4.

A. The Dispute Resolution Procedure shall not apply to the rights of participants in pursuit of benefits, eligibility or other participant rights under the Company's self-insured health benefit plan.

B. The Dispute Resolution Procedure shall apply also to the parties when one of the parties is a member of a purported class in a class action case.

C. Description of the Dispute Resolution Procedure.

(i) Inquiry/Reconsideration. The party asserting a disputed matter shall make written inquiry through its signatory to this Agreement_addressed to the other party's signatory clearly identifying the subject as one made pursuant to this Dispute Resolution Procedure. The written inquiry must include facts stated with sufficient specialty for the other party to understand the nature of the dispute. The party receiving the inquiry shall make good faith efforts to respond in writing to the inquiry within 30 days.

(ii) If the inquiring party is not satisfied with the response, it may make a written appeal within 30 days after receiving the other party's response to its inquiry. The appeal shall state the basis of the dispute, why the response is not satisfactory, and the proposed method of resolving the dispute. The receiving party shall make a good faith effort to respond in writing within 30 days.

(iii) If the matter remains unresolved after inquiry and appeal either party may request non-binding mediation by submitting a written request within 30 days of receipt of the other party's appeal response. Mediation shall proceed only if both parties agree to the mediation. Upon agreement the parties shall cooperate in good faith to designate a mutually acceptable mediator who is qualified to

FORM AP-0001 07/14 Page 1

consider the issues likely to be raised during the mediation and within 30 days after the parties submit the dispute to mediation. The parties shall equally share the mediator's fees and costs, although each party shall be solely responsible for its costs of participation, including its attorney fees. The mediator may terminate any mediation if either party fails to comply with applicable rules or deadlines or if the parties are unable to voluntarily resolve their dispute.

(iv) If the parties are not able to resolve their dispute by the procedures described above, the matter shall be submitted to binding arbitration pursuant to the Federal Arbitration Act and according to the then current Commercial Arbitration Rules of the American Arbitration Association. Either party may make a written demand for binding arbitration within 30 days after it receives a response to its appeal or the conclusion of the mediation of the dispute. The venue of the arbitration shall be Topeka, Kansas unless otherwise agreed. The arbitration shall be conducted by a panel of three (3) qualified arbitrators, unless the parties otherwise agree. The arbitrators may sanction a party, including ruling in favor of the other party, if appropriate, if a party fails to comply with applicable procedures or deadlines established by those Arbitration Rules.

Each party shall be responsible for one-half of the arbitration agency's administrative fee, the arbitrators' fees and other expenses directly related to conducting that arbitration. Each party shall otherwise be solely responsible for any other expenses incurred in preparing for or participating in the arbitration process, including that party's attorney's fees.

The claimant shall pay the applicable filing fee established by the American Arbitration Association, but the filing fee may be reallocated or reassessed as part of an arbitration award either, in whole or in part, at the discretion of the arbitrator/arbitration panel if the claimant prevails upon the merits. If the claimant withdraws its demand for arbitration, then the claimant forfeits its filing fee and it may not be assessed against BCBSKS.

The arbitrators: shall consider each claimant's demand individually and shall not certify or consider multiple claimants' demands as part of a class action; shall be required to issue a reasoned written decision explaining the basis of their decision and the manner of calculating any award; shall limit review to whether or not the Benefit Plan's action was arbitrary or capricious; may not award punitive, extra-contractual, treble or exemplary damages; may not vary or disregard the terms of the Provider's participation agreement, the certificate of coverage and other agreements, if applicable; and shall be bound by controlling law; when issuing a decision concerning the Dispute. Emergency relief such as injunctive relief may be awarded by an arbitrator/arbitration panel. A party shall make application for any such relief pursuant to the Optional Rules for Emergency Measures of Protection of the American Arbitration Association (most recent edition). The arbitrators' award, order or judgment shall be final and binding upon the parties. That decision may be entered and enforced in any state or federal court of competent jurisdiction. That arbitration award may only be modified, corrected or vacated for the reasons set forth in the United States Arbitration Act (9 U.S.C. § 1).

5. BCBSKS provides administrative claims payment services only and does not assume any financial risk or obligation with respect to claims.

6. Plan Administrator hereby expressly delegates its authority to BCBSKS to perform the services and provide the supplies, forms and materials set forth in this Agreement in connection with the administration and operation of the Benefit Plan. BCBSKS agrees to perform the following services on behalf of Company and at the direction of Company's designated Plan Administrator:

A. Provide general administrative, accounting, data processing, cost control, marketing, claims processing, fiscal and other related services to Plan Administrator on the same basis and in the same manner as provided to Plan Sponsors and Plan Administrators of Benefit Plans whose benefits are underwritten by BCBSKS.

B. Advise and assist in a consultative capacity with regard to the benefits under the Benefit Plan and any subsequent revisions of the Benefit Plan as may be deemed appropriate from time to time, including advice and assistance with respect to provisions relating to eligibility, effective dates, coverage and cessation of coverage under the Benefit Plan.

FORM AP-0001 07/14 Page2

C. Administer the Coordination of Benefits, Third Party Liability, and Pre-existing Conditions provisions of the Benefit Plan.

D. Produce and provide Benefit Descriptions and Identification Cards to Benefit Plan participants.

E. Establish, maintain and update records relating to Benefit Plan participants' eligibility for benefits, and timely respond to inquiries and appeals of Benefit Plan participants and appropriate third parties regarding benefits, claims processing and participant status.

F. Advise Plan Administrator with respect to claims procedures and assist with the implementation of procedures including those for submission of claims. All claims for benefit payments shall be made on forms satisfactory to BCBSKS. BCBSKS shall, at its own expense, design, produce and provide claims and administrative forms to Plan Administrator for the use of Benefit Plan participants.

G. Process claims and exercise full discretionary authority in construing benefits for claims submitted and determine the amount of benefits for which Benefit Plan participants are eligible in accordance with the terms and provisions of the Benefit Plan. This construction of benefits for claims shall be the exclusive responsibility of BCBSKS and will include the following when deemed appropriate by BCBSKS:

(i) Professional evaluation of claims by BCBSKS medical staff and medical consultants;

(ii) Critical examination of charges for medical services that are identified as exceeding BCBSKS' established criteria, discussion of such charges with the providers of services as appropriate, and determination of benefits, based on BCBSKS' criteria and any such discussion with the provider of such services;

(iii) Review of claims to establish medical necessity, cost effectiveness or experimental/investigational status of services rendered or expenses incurred; and

(iv) In processing claims, determine if utilization review requirements were met, if large case management procedures were followed and determine the amount of any reductions in benefits when such requirements are not met or such procedures are not followed. BCBSKS is responsible for and shall provide personally or through contract for any utilization review, precertification, cost-effective or case management services.

(v) For the purposes of this Agreement, a covered service is considered to be deemed incurred on the date of service, except for bed-patient Hospital or Medical Care Facility services and Doctor's Medical Services provided to bed-patients, in which case rendered services shall be deemed incurred:

1. For admissions occurring prior to the effective date of this Agreement, on the effective date. Benefits shall only be provided for services rendered on or after the effective date.

2. For admissions occurring on or after the effective date of this Agreement, the date of admission. However, should this Agreement terminate prior to the release of a Benefit Plan participant from such Hospital or Medical Care Facility, benefits shall only be provided for those services rendered up to and including the termination date. In the event the Company has included in their benefit description a provision extending coverage for 31 days for Benefit Plan participants confined in the hospital on the termination date of their coverage, benefits shall only be provided for those services rendered up to the earlier of the date the Benefit Plan participant is discharged from the hospital or end of the extension. Benefits available under any such extension of benefits provision shall be secondary to the benefits of any subsequent replacement group health benefit plan or policy intended to provide continuous coverage as of the effective date of the replacement policy.

H. Compute and verify the amount of benefits, and prepare and furnish each claimant an appropriate statement of benefits.

1. Make payment of approved claims or amounts due to BCBSKS participating health care providers for health care benefrts provided to Benefit Plan participants. Such payments shall be issued in the manner described in Attachment A hereto.


J. Assist in establishing banking arrangements to provide for the payment of benefits under the Benefit Plan.

K. Furnish a weekly accounting to Plan Administrator of all payments of claims made under the Benefit Plan.

L. Notify claimants of denied claims and the reason for denial.

M. BCBSKS shall have discretionary authority and fiduciary responsibility for provision of full and fair review of claims, claim denials and appeals thereof. Final determination of payment or denial of claims or of appealed claims shall be made by BCBSKS following appropriate analysis and review which may include consultation with the Plan Administrator. Plan Administrator will promptly submit to BCBSKS any request it receives for a review of a claim for benefits which has been denied, in order that BCBSKS may provide a full and fair review of the claim.

N. BCBSKS shall provide Plan Administrator with such claim or statistical information and underwriting and actuarial services as may be reasonably required by and legally provided to Plan Administrator.

0. Make available to Benefit Plan participants who terminate their coverage under the Benefit Plan for reasons described in the Summary Plan Description an individual contract for benefits for health care services, which availability Company agrees to describe in the Summary Plan Description in a manner acceptable to Plan Administrator and BCBSKS.

P. Prepare and file Form 1099 with the Internal Revenue Service of the United States Department of the Treasury and send separate statements to providers of medical services furnishing information, as required by the Internal Revenue Code and Regulations thereunder, regarding amounts paid to those providers on behalf of Benefit Plan.

Q. Provide Plan Administrator with such accounting and other information at such times as necessary for Plan Administrator to file reports required in connection with ERISA.

7. Company and Plan Administrator agree to reimburse BCBSKS for all amounts properly advanced by BCBSKS for the payment of claims under the Benefit Plan, under the terms and provisions described in Attachment A to this Agreement. BCBSKS agrees to pay claims for benefits in a timely manner and to timely bill Company for such benefits payments in the manner described in such Attachment A.

8. Company agrees to pay BCBSKS administrative fees as described in Attachment A for those services performed by BCBSKS under this Agreement.

9. It is the Plan Administrator's responsibility to evaluate, review, and determine whether applicants, participants, and beneficiaries are eligible for participation based on the eligibility criteria agreed to by Company and BCBSKS. Plan Administrator agrees to provide BCBSKS with a list of participants covered by the Benefit Plan in such form and with such additional data regarding such participants as are acceptable to Plan Administrator and BCBSKS. Company agrees to notify BCBSKS in a timely manner of any changes in a participant's employment status that also affects eligibility to participate in Benefit Plan. BCBSKS shall not be liable for any clerical errors or omissions made by Benefit Plan which result in extensions of benefits to a participant who was not eligible or denial of benefits to a participant who was not eligible or denial of benefits to a participant who was eligible. Any claims paid by BCBSKS as a result of such error or omission shall not be a liability of or chargeable to BCBSKS. Notwithstanding the foregoing and regardless of fault, BCBSKS shall make a diligent effort to recover overpayments or payments made in error, but shall not initiate legal proceedings for any such recovery on behalf of Benefit Plan.

10. The following provisions are applicable for the administration of benefits for the Benefit Plan participants who are not eligible for Medicare and who choose to continue coverage under the health care benefits program of the Benefit Plan through their rights under the Consolidated Omnibus Budget Reconciliation Act of 1986 and any amendments thereto, (commonly referred to as COBRA), and of the distribution of monies associated therewith.

A. The Company or Plan Administrator agrees as follows:

(1) To provide BCBSKS notice of any Benefit Plan participants who, as a result of a qualifying event under the provisions of COBRA, become eligible for continued group benefits under COBRA. The Company or Plan Administrator will provide such notice to BCBSKS within 14 days of the date that it becomes aware of a qualifying event of a participant.

FORM AP-0001 07114 Page4

(2) To provide the participant who becomes eligible for COBRA as a result of a qualifying event, the COBRA Declaration Form, that has been provided by BCBSKS, so as to enroll such participant in this program of continued group benefits.

B. BCBSKS agrees as follows:

(1) Upon receipt of the notice of those participants who are eligible for continued group benefits under COBRA from the Benefit Plan, and the request from the participants to be covered under COBRA, establish a COBRA membership for such participants and maintain that membership until such participants rights expire under the provisions of COBRA.

(2) Bill the participant directly for such coverage as provided under the provisions of COBRA.

(3) BCBSKS' obligations apply only to those portions of the health plan BCBSKS administers.

C. BCBSKS will collect from eligible COBRA participants the applicable Benefit Plan premium plus an additional 2.0% as permitted under Federal Law. This additional 2.0% will be retained by BCBSKS to offset the additional administrative expenses associated with the handling of COBRA coverage. The remaining portion of the premium will be returned to the Company or Plan Administrator less administrative fees otherwise applicable to the Benefit Plan under this Agreement including, but not limited to, those fees enumerated under Section 7 above, as well as any premiums associated with applicable stop loss coverage.

11. Inspection of Records:

At such reasonable times as shall be agreeable to Plan Administrator and BCBSKS, BCBSKS will make available for audit by Plan Administrator's designated auditors (during normal business hours) its files, books and records pertaining to the Benefit Plan.

12. Standard of Care:

BCBSKS shall perform its duties and obligations under this Agreement in a timely fashion and in a careful and Prudent manner. "Prudent" shall mean that level of care which a similarly situated claims administrator would exercise under Similar Circumstances. "Similar Circumstances" shall be determined by considering factors which include but are not limited to: (1) the nature of the claims processed; (2) the volume of claims processed; and (3) the total amount of benefits paid. To the extent BCBSKS is functioning as a fiduciary as that term is defined by ERISA, it shall discharge its duties with respect to the Benefit Plan solely in the interests of Benefit Plan participants and for the exclusive purpose of providing benefits for Benefit Plan participants and defraying reasonable expenses of administering the Benefit Plan.

13. Overpayment of Claims:

A. BCBSKS will exhaust all Prudent means of recovering all Overpayments it makes from the Benefrt Plan. As used in this Agreement, "Overpayment" means any amount which Plan Administrator and BCBSKS shall agree has been mistakenly or wrongly paid from the Benefit Plan, including duplicate payments, mistaken payments, payments in excess of that actually owed, and any other amount not required to be paid under the terms of the Benefit Plan. The Parties will cooperate in efforts to recover Overpayments.

B. BCBSKS shall indemnify the Benefit Plan for an Overpayment if it is determined, as specified in Section C of this Paragraph, that such payment was caused directly by an act or omission by BCBSKS which was: (a) criminal, fraudulent or dishonest; or (b) in intentional disregard of BCBSKS' obligations under this Agreement; or (c) part of a repetitive course of conduct which was so clearly in disregard of BCBSKS' obligations under this Agreement as to justify a presumption that it was intentional.

C. A determination of whether BCBSKS' act or omission was as described in Section B of this Paragraph, that such payment was caused directly by an act or omission by BCBSKS, shall be made by: (a) an agreement between Plan Administrator and BCBSKS; or (b) if Plan Administrator and BCBSKS cannot reach agreement, by a determination of an arbitrator in accordance with the Rules of the American Arbitration Association.


·.

D. Company shall indemnify BCBSKS for direct out-of-pocket third party legal fees, disbursements and court costs incurred by BCBSKS to recover Overpayments unless, in accordance with Sections B and C of this Paragraph, BCBSKS must indemnify Company for the amount of such Overpayments. BCBSKS shall periodically inform Plan Administrator of the manner and status of its attempts to recover such Overpayments and costs incurred as to the date of the status report.

E. If an Overpayment of Benefit Plan benefits was made at the written direction of Plan Administrator, Benefit Plan shall indemnify BCBSKS for the third party legal fees, disbursements and court costs incurred by BCBSKS to recover such Overpayment.

F. The provisions of this Paragraph will survive termination of this Agreement.

14. Recoveries by BCBSKS:

There may be circumstances in which BCBSKS recovers amounts paid as claims expense from the provider of service, from the subscriber, or from a third party. Such circumstances include rebates paid to BCBSKS by pharmaceutical manufacturers based upon amounts of claims paid by BCBSKS for certain specified pharmaceuticals, amounts recovered by BCBSKS from health care providers or pharmaceutical manufacturers through certain legal actions instituted by the company relating to the claims expense of more than one insured, recoveries by BCBSKS of overpayments made to health care providers or to insureds, and recoveries from other parties with whom BCBSKS contracts or otherwise relies upon for payment or pricing of claims. In addition, such recoveries might include recoveries through subrogation. The following rules govern BCBSKS' actions with respect to such recoveries:

A. In the event such recoveries relate to claims paid more than a year and 90 days before the recovery, no adjustment will be made to any deductible or coinsurance paid by a Benefit Plan participant and BCBSKS (subject to the limitations otherwise set forth below) shall be entitled to retain such recoveries. If the recovery relates to a claim paid within a year and 90 days, deductibles and coinsurances for a Benefit Plan participant will be adjusted if affected by the recovery, and Benefit Plan shall retain such recoveries as provided in 13.B-E. below.

B. If such recovery amounts to less than $500 attributable to any "contract period" (the period of time in which the deductible or coinsurance is calculated) for any Benefit Plan participant, no adjustments in deductibles or coinsurances will be made, and Benefit Plan (subject to the limitations otherwise set forth herein) shall be entitled to retain such recoveries for its own use.

C. If an individual is no longer covered by this benefit program at the time any such recovery is made, Benefit Plan (subject to limitations otherwise set forth herein) shall be entitled to retain such recovery for its own use.

D. In the event BCBSKS receives from pharmaceutical manufacturers rebates based upon amounts of claims paid by BCBSKS for certain specified pharmaceuticals, BCBSKS shall be entitled to retain such rebates for its own use, and no adjustments will be made to claims paid on behalf of Benefit Plan, to deductibles or to coinsurances paid by Benefit Plan participants, or to other cost-sharing or claims amounts.

E. If Company no longer contracts with BCBSKS at the time the recovery occurs, recoveries otherwise owing to the Company pursuant to the foregoing will be paid to the Company if required under Section A above. Nothing, however, obligates BCBSKS to continue to pursue subrogation or other recoveries after termination of this Agreement, and such active subrogation files as BCBSKS maintains shall be returned to the Company upon such termination.

F. BCBSKS has no obligation to pursue recovery from health care providers or manufacturers of health care products or services on behalf of Benefit Plan for causes of action arising out of violations of antitrust law, fraud, claims relating to fraud (including claims under the Racketeering Influenced and Corrupt Organizations Act), and its administration of subrogation provisions under the Company's Benefit Plan shall be limited in such circumstances solely to cases in which Benefit Plan participants have individually initiated a claim or cause of action. Notwithstanding the foregoing, if (a) BCBSKS asserts a claim or cause of action against a party (other than Benefit Plan itself) arising out of antitrust violations or fraud by health care providers or manufacturers of health care products or services relating to claims paid by BCBSKS under insured contracts and {b) claims payments made by BCBSKS on behalf of Benefit Plan and Benefit Plan participants would have been equally affected under the circumstances of such claim or cause of


action, then Benefit Plan assigns to BCBSKS its rights under such claim or cause of action. If recoveries by BCBSKS in such a claim or cause of action are less than actual injury asserted by BCBSKS for itself and on behalf of Benefit Plan and other similarly situated Benefit Plans, then BCBSKS shall pay to Benefit Plan a prorated amount based upon claims costs under Benefit Plan compared to claims costs of BCBSKS under its insured programs. No adjustments of deductibles or coinsurances will be made for Benefit Plan participants in such circumstances. This assignment of a cause of action shall survive termination of this Agreement.

G. The total amount of any recoveries which are available for adjustments to claims of or payments to Company or for adjustments to cost sharing of Benefit Plan participants of the program of Company in the form of deductibles or coinsurances will be reduced by the cost to BCBSKS to procure that recovery, including amounts paid in attorney fees, amounts paid to collection agencies or other entities obtaining recoveries on a contingency basis, and other costs.

H. In the event Company holds a stop-loss agreement from BCBSKS, any amounts recovered by operation of the subrogation provision will be applied to reduce the Claims Expense attributed to the Company under such stop-loss agreement. The effect of such reduction will be to eliminate from claims costs applied towards the Attachment Point under such stop-loss agreement amounts recovered through subrogation. In doing so, the following procedures will apply:

(1) The amount of subrogation recoveries applied will be the net amount of subrogation recoveries after eliminating the cost for recovery, including attorney fees, if any.

(2) If BCBSKS has become liable under any such stop-loss agreement during a Contract Period, and the effect of such subrogation recovery, whenever made, would have been to reduce or eliminate such liability, then BCBSKS shall be entitled to retain such subrogation recoveries to the extent of its obligations under such stop-loss agreement, remitting to Company any balance.

(3) If the Company holds both an individual and aggregate stop-loss agreement, then the recoveries shall first be applied to reduce Claims Expense of the person with respect to whom the subrogation recovery was made. If the Individual Attachment Point under the stop-loss agreement was not met with respect to the person to whom the subrogation recovery applies, but the Aggregate Attachment Point was met, then such recovery shall be applied to reduce the claims applied toward the Aggregate Attachment Point.

(4) If the subrogation recovery is related to Claims Expense for more than one Contract Period, the subrogation recovery shall first be applied to Claims Expense with respect to the first Contract Period to which such subrogation applies; if the total of such subrogation recovery exceeds Claims Expense (using the rules set forth above with respect to Individual Attachment Points and Aggregate Attachment Points) for the first such Contract Period, then the excess shall be applied to each subsequent Contract Period successively until such subrogation recovery is exhausted.

(5) "Claims Expense" means Incurred Claims Expense if Company holds a stop-loss agreement on an incurred claims basis, and Paid Claims Expense if Company holds a stop-loss agreement on a paid claims basis.

15. Additional Charges to Company:

From time to time, BCBSKS may rely upon entities other than other Blue Cross and Blue Shield plans to obtain negotiated prices for health care services. Typically such other entities charge a percentage of the amount of claims savings they negotiate. Company agrees that BCBSKS may charge such percentages as additional claims costs to the Company under this Agreement. However, such percentages will not be charged as claim costs to beneficiaries.

16. Employment of Counsel and Resolution of Litigation and Legal Fees:

A. In the event of Litigation. each Party:

FORM AP-0001 07114 Page?

r

(i) reserves the right to select and retain counsel at its own expense to protect its interests (selection of separate counsel pursuant to this clause will not affect any duty to indemnify that is otherwise imposed by this Agreement);

(ii) will promptly notify the other Party after learning of Litigation;

(iii) will cooperate fully by providing the other Party with all non-confidential relevant information and documents within its control; and

(iv) will reasonably assist the other Party in the defense of Litigation.

B. In the event Company, Benefit Plan or BCBSKS is the sole named defendant in Litigation, such Party shall have discretion to defend, settle, compromise or otherwise resolve such Litigation consistent with the terms of this Agreement and of the Benefit Plan. Such Party shall keep the other Party fully informed of the status of the Litigation and any decision to settle, compromise or otherwise resolve the Litigation shall be communicated to and discussed with the other Party prior to any such settlement, compromise or other resolution.

C. In the event Company, Benefit Plan and BCBSKS are codefendants in Litigation, the Parties will cooperate fully with each other to defend, settle, compromise or otherwise resolve such Litigation consistent with the terms of this Agreement and the Benefit Plan.

D. In the event any entity other than Company, Benefit Plan or BCBSKS, is named as a defendant in Litigation, Plan Administrator can elect to defend, settle, compromise or otherwise resolve such Litigation with respect to those Other Entities consistent with the terms of this Agreement and of the Benefit Plan.

E. The undertaking to defend, settle, compromise or otherwise resolve Litigation pursuant to Sections B, C and D of this Paragraph includes the payment of any and all legal fees, disbursements, and court costs incurred in connection with performing that undertaking.

F. As used in this Agreement, "Negligent" means the doing of some act which a Prudent claims administrator would not have done under Similar Circumstances or failure to do what a Prudent claims administrator would have done under Similar Circumstances.

G. In the event that BCBSKS decides to settle Litigation involving a claim for Benefit Plan benefits and any portion of such settlement is paid or reimbursed from a Plan Trust, then, in that event, BCBSKS shall furnish Plan Administrator with documentation in support of such decision to settle that shows that BCBSKS fully considered the options available and the risks and benefits of settlement.

I. The provisions of this Paragraph will survive termination of this Agreement.

17. Indemnification Agreements:

A. Except as provided in Section C of this Paragraph, in the event of Litigation, Company and Plan Administrator agree to indemnify BCBSKS for its reasonable attorneys' fees and costs and for any judgment, award or settlement (other than a judgment for or settlement representing punitive damages, which such judgment or settlement shall be the sole responsibility of BCBSKS); provided that BCBSKS keeps Plan Administrator fully informed of the status of the Litigation and the actions its counsel plans to take during such Litigation and provided that BCBSKS shall not settle or otherwise resolve such Litigation without prior consultation with Company and Plan Administrator.

B. In the event that BCBSKS decides to settle Litigation for which Company as Plan Administrator has agreed to indemnify BCBSKS, BCBSKS shall furnish Company with documentation in support of its decision to settle that shows that BCBSKS fully considered the options available and the risks and benefits of settlement.

C. Company is not obligated to indemnify BCBSKS, and BCBSKS shall reimburse Company or Benefit Plan for all reasonable attorneys' fees and costs incurred by Benefit Plan or Company in its defense of a claim and for any judgment, award or settlement (other than a judgment for a settlement representing punitive damages) paid by Company or the Benefit Plan, if it is determined, as specified in Section D of this Paragraph, that such fees and costs and such judgment or settlement was paid as a direct result of an act

FORM AP-0001 07/14 PageS

or omission by BCBSKS which was:

(i) fraudulent, criminal, dishonest, or Negligent (as defined in Paragraph15(F) of this Agreement); or

(ii) intentional or in willful disregard of BCBSKS': (a) obligations under the terms of this Agreement; or (b) its fiduciary duties under the laws of the State of Kansas.

D. A determination whether BCBSKS' act or omission was as described in Section C of this Paragraph will be made by:

(i) a final determination in Litigation, or, if no such final determination was made;

(ii) by an agreement between Company and BCBSKS; or

(iii) if no agreement can be reached then by a determination of an Arbitrator in accordance with the rules of the American Arbitration Association.

E. Notwithstanding the provisions of this Paragraph, Company shall indemnify BCBSKS if BCBSKS' act or omission was taken under specific written direction of Plan Administrator.

F. The provisions of this Paragraph will survive termination of this Agreement.

G. In the event that this contract should be construed as an insurance contract and premium taxes or privilege fees assessed by any state authority or levied in any other manner upon the claims payment amounts or administrative fees paid hereunder or charged hereunder, Company hereby agrees to indemnify BCBSKS for any amounts actually paid by BCBSKS with respect to the operation of this contract under such an assessment of taxes or fees, such indemnification to be paid in a manner mutually agreeable to both parties and reasonably related to the nature of the tax.

18. This Agreement may be terminated as follows:

A. This Agreement may be terminated by either Party as of the end of any month by giving the other Party written notice sixty (60) days in advance of such termination date.

B. If the Company fails to make any payments when due, BCBSKS shall have the right to terminate this Agreement without notice and without prejudice to any other rights BCBSKS may have with respect to the Company's obligations hereunder.

C. Any other date determined by prior written agreement between Company and BCBSKS.

D. In the event of termination of this Agreement, BCBSKS will, unless Plan Administrator directs and BCBSKS otherwise agrees:

(i) complete the processing of all claims payable under the Benefit Plan for services provided by health care providers which were incurred by Benefit Plan participants prior to the termination date but not processed by BCBSKS on or after the termination date. Company's liability for continuing payment in the manner described in Attachment A for any claim which has been processed to final adjudication shall continue for eighteen (18) months following the termination date. For any claim incurred prior to the termination date but not processed to final adjudication by BCBSKS by the end of such eighteen month period, Company shall assume total liability. BCBSKS shall transfer such records as it may have in its possession to enable the Company to address such liabilities. Examples of claims which may not have been processed to final adjudication include claims pended for pursuit of subrogation or other third-party liability responsibility determinations; and

(ii) release to Plan Administrator, in BCBSKS' standard format, all records and files relating to claims paid under the Benefit Plan pursuant to this Agreement.

E. If BCBSKS reasonably performs any services pursuant to this Agreement following its termination, including but not limited to services described in this Paragraph, BCBSKS will be entitled to the fees, claims paid reimbursements or other charges on the same basis, and in the manner described in Attachment A, as if this Agreement had continued in effect until those services were performed.


19. The Company on behalf of itself and its participants hereby expressly acknowledges its understanding this Agreement constitutes a contract solely between the Company and Blue Cross and Blue Shield of Kansas, which is an independent corporation operating under an agreement with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans (the "Association"), permitting Blue Cross and Blue Shield of Kansas to use the Blue Cross and/or Blue Shield Service Marks in the State of Kansas and that Blue Cross and Blue Shield of Kansas is not contracting as the agent of the Association. The Company on behalf of itself and its participants further acknowledges that it has not entered into this Agreement based upon representations by any person other than Blue Cross and Blue Shield of Kansas and that no person, entity, or organization other than Blue Cross and Blue Shield of Kansas shall be held accountable or liable to the Company for any of Blue Cross and Blue Shield of Kansas's obligations to the Company created under this Agreement. This paragraph shall not create any additional obligations whatsoever on the part of Blue Cross and Blue Shield of Kansas other than those obligations created under other provisions of this Agreement.

20. Entire Agreement:

This Agreement, including attachments, constitutes the entire contract between the Parties and no modification or amendment of this Agreement including renewals shall be valid unless made in writing and signed by the Parties.

21. This Agreement shall be effective January 1, 2015 through December 31, 2015.

1. Shawnee County

BY: ______________________________ ___

2. BL~SS. & BLUE SHIELD OF KANSAS, INC.

BY:(/j~~ TITLE:---------------- TITLE: d .. --,o ~- ~~ DATE: ______________________________ _ DATE=----------~'~;~~~~~~~~~/~~~-----------

FORM AP-0001 07/14 Page 10

.. ' ::::~:-::d • • ofKansas


AMENDMENT TO ADMINISTRATIVE SERVICES AGREEMENT

1. GENERAL

This is an Amendment to the Agreement To Provide Administrative Services for a Self-Funded Health Benefit Plan between Blue Cross and Blue Shield of Kansas, Inc. (BCBSKS) and "Company" as named in the Agreement to which this Amendment is attached. This Amendment becomes effective on the later of January 1, 2007 or the effective date specified in the Agreement between BCBSKS and the Company.

2. CHANGES BEING MADE BY THIS AMENDMENT

With the exception of those duties involving membership maintenance and claims, the Company agrees that all other duties and responsibilities, fiduciary or otherwise, associated with COBRA shall solely belong to Company. These duties include, but are not limited to: determination of COBRA eligible participants and beneficiaries, provision of COBRA notices to participants and beneficiaries, reporting to BCBSKS those participants/beneficiaries electing COBRA coverage, and billing of participants/beneficiaries for COBRA premiums. Accordingly, Section 10 of the Agreement to which this Amendment is attached is deemed deleted.

FORM AP-0043 01/10

..• ::::~~::d ® ofKansas


ATTACHMENT A

This Attachment A to the Agreement between Blue Cross and Blue Shield of Kansas, Inc., (hereafter referred to as "BCBSKS") and Shawnee County (hereinafter "Company" or "Plan Administrator") to which it is attached describes the procedures to be used for payment by Company to BCBSKS of claims amounts paid by BCBSKS and of administrative fees due BCBSKS under such Agreement.

1. Administrative Fees:

A. The administrative fees charged by BCBSKS for the services it provides under the Agreement to which this is attached consist of the cost for BCBSKS to provide those services, which will be assessed as a fixed dollar and cent amount per month per employee plus a fixed percent of incurred claims, set forth in the 'Summary of Charges' document, signed by the Company.

The number of employees shall be determined for the purpose of this provision by the number of eligible employees reported by Company to BCBSKS as of the first day of each month. Company shall remit to BCBSKS no later than the 1oth day of each month the amount due for such month.

BCBSKS shall calculate the amount due as a percentage of paid claims.

A group who remits premium payments an average of five months delinquent over a 12 month cycle will be classified as habitually delinquent and will be subject to additional administrative fees at the time of annual renewal.

B. Section 4, "BiueCard® Program", describes certain fees that will be charged in conjunction with claims for health care services that are received outside the geographic area served by BCBSKS, processed through the BlueCard® Program and presented to BCBSKS for payment in conformity with network access rules of the BlueCard® Policies then in effect. Except for the Host Blue access fee, BCBSKS has chosen to recover other BlueCard® Program-related fees as a percentage of the discount received through use of the Host Blue's provider network.

2. Claims Reimbursement:

Claims incurred by Benefit Plan participants shall be paid as they are received by BCBSKS in the same manner as claims are paid under underwritten programs. Company agrees to reimburse BCBSKS by the method outlined below.

Company agrees to provide BCBSKS access to funds through an Automated Clearing House (ACH) arrangement under which BCBSKS may draw upon Company funds. BCBSKS shall initiate an ACH transfer to it from Company funds for claims payments, administrative fees, if applicable, and any applicable BlueCard® Program fees of which Company has been notified at 2:00 p.m. Central Time, Daylight or Savings, of the first business day following the day on which such notification was provided to Company.

Charging Incurred Claims Expense. For the purpose of this attachment and the Agreement to which it is attached, incurred claims expense will be charged as follows:

Claims expense will be charged to the Contract Period in which it is incurred.

FORM AP-0001A 01/15 Page 1

Incurred claims expense will include any access fees or amounts of discounts from provider charges retained by another Blue Cross and Blue Shield Plan, provider network, or other entity, including those fees described in the BlueCard® provision of this agreement set forth below.

3. Out-of-Area Services

Overview

BCBSKS has a variety of relationships with other Blue Cross and/or Blue Shield Licensees referred to generally as "Inter-Plan Programs." Whenever subscribers access healthcare services outside the geographic area BCBSKS serves, the claim for those services may be processed through one of these Inter-Plan Programs and presented to BCBSKS for payment in accordance with the rules of the InterPlan Programs policies then in effect. The Inter-Plan Programs available to subscribers under this agreement are described generally below.

Typically, when accessing care outside the geographic area BCBSKS serves, subscribers obtain care from healthcare providers that have a contractual agreement ("participating providers") with the local Blue Cross and/or Blue Shield Licensee in that other geographic area ("Host Blue"). In some instances, subscribers may obtain care from non-participating healthcare providers. BCBSKS payment practices in both instances are described below.

BlueCard® Program

Under the BlueCard® Program, when subscribers access covered healthcare services within the geographic area served by a Host Blue, BCBSKS will remain responsible to Company for fulfilling BCBSKS's contractual obligations. However, in accordance with applicable Inter-Plan Programs policies then in effect, the Host Blue will be responsible for providing such services as contracting and handling substantially all interactions with its participating healthcare providers. The financial terms of the BlueCard® Program are described generally below. Individual circumstances may arise that are not directly covered by this description; however, in those instances, our action will be consistent with the spirit of this description.

A. Liability Calculation Method Per Claim

The calculation of the subscriber liability on claims for covered health care services processed through the BlueCard® Program will be based on the lower of the participating healthcare provider's billed covered charges or the negotiated price made available to BCBSKS by the Host Blue.

The calculation of Company's liability on claims for covered health care services processed through the BlueCard® Program will be based on the negotiated price made available to BCBSKS by the Host Blue. Sometimes, this negotiated price may be greater than billed charges if the Host Blue has negotiated with its participating healthcare provider(s) an inclusive allowance (e.g., per case or per day amount) for specific healthcare services.

B. Claims Pricing

Host Blue plans may use various methods to determine a negotiated price, depending on the terms of each Host Blue's healthcare provider contracts. The negotiated price made available to BCBSKS by the Host Blue may represent a payment negotiated by a Host Blue with a healthcare provider that is one ofthe following:

(i) an actual price. An actual price is a negotiated payment without any other increases or decreases, or

(ii) an estimated price. An estimated price is a negotiated payment reduced or increased by a percentage to take into account certain payments negotiated with the provider and other claim- and non-claim-related transactions. Such transactions may include, but are not

FORM AP-0001A 01/15 Page2

limited to, anti-fraud and abuse recoveries, provider refunds not applied on a claim-specific basis, retrospective settlements, and performance-related bonuses or incentives, or

(iii) an average price. An average price is a percentage of billed covered charges representing the aggregate payments negotiated by the Host Blue with all of its healthcare providers or a similar classification of its providers and other claim- and non-claim-related transactions. Such transactions may include the same ones as noted above for an estimated price.

Host Blue plans using either an estimated price or an average price may, in accordance with Inter-Plan Programs policies, prospectively increase or reduce such prices to correct for over- or underestimation of past prices (i.e., prospective adjustments may mean that a current price reflects additional amounts or credits for claims already paid to providers or anticipated to be paid to or received from providers). However, the amount paid by the subscriber and Company is a final price; no future price adjustment will result in increases or decreases to the pricing of past claims. The BlueCard® Program requires that the price submitted by a Host Blue to BCBSKS is a final price irrespective of any future adjustments based on the use of estimated or average pricing.

If a Host Blue uses either an estimated price or an average price on a claim, it may also hold some portion of the amount that Company pays in a variance account, pending settlement with its participating healthcare providers. Because all amounts paid are final, neither variance account funds held to be paid, nor the funds expected to be received, are due to or from Company. Such payable or receivable would be eventually exhausted by healthcare provider settlements and/or through prospective adjustment to the negotiated prices.

C. Return of Overpayments

Under the BlueCard® Program, recoveries from a Host Blue or its participating healthcare providers can arise in several ways, including, but not limited to, anti-fraud and abuse recoveries, healthcare provider/hospital audits, credit balance audits, utilization review refunds, and unsolicited refunds. In some cases, the Host Blue will engage a third party to assist in identification or collection of recovery amounts. The fees of such a third party may be netted against the recovery. Recovery amounts determined in this way will be applied in accordance. with applicable Inter-Plan policies, which generally require correction on a claim-by-claim or prospective basis.

D. BlueCard® Program Fees and Compensation

Company understands and agrees to reimburse BCBSKS for certain fees and compensation which we are obligated under the BlueCard® Program to pal to the Host Blue plans, to the Blue Cross and Blue Shield Association (BCBSA), and/or to BlueCard Program vendors, as described below. Fees and compensation under the BlueCard® Program may be revised in accordance with the Program's standard procedures for revising fees and compensation, which do not provide for prior approval by any groups. Such revisions typically are made annually as a result of Program policy changes and/or vendor negotiations. These revisions may occur at any time during the course of a given calendar year, and they do not necessarily coincide with Company's benefit period under this agreement.

BCBSKS will charge these fees as follows:

Some of these fees and compensation are charged each time a claim is processed through the BlueCard® Program and include, but are not limited to, access fees, administrative expense allowance fees, Central Financial Agency fees, and ITS transaction fees. An access fee may be passed on to Company as an additional claim liability. If one is charged, it will be a percentage of the discount/differential BCBSKS receives from the Host Blue, based on the current rate in accordance with the Program's standard procedures for establishing the access fee rate. The access fee will not exceed $2,000 for any claim. Other Program-related fees that BCBSKS may charge include, but are not limited to, a toll-free number fee, and a fee for providing PPO healthcare provider directories

E. Non-Participating Healthcare Providers Outside BCBSKS Service Area


Subscriber Liability Calculation

In General, when covered healthcare services are provided outside of BCBSKS service area by nonparticipating healthcare providers, the amounts a subscriber pays for such services will generally be based on BCBSKS' allowable charge as used in the Service Agreement.

4. Value-Based Programs- BlueCard® Program - BCBSKS

In some cases, BCBSKS subscribers may access covered healthcare services from certain Host Blue participating providers that have entered into specific, Value-Based Programs with a Host Blue plan. BCBSKS subscribers may also access covered healthcare services from BCBSKS providers under similar Value-Based Programs within the BCBSKS service area. These Value-Based Programs consist of Accountable Care Organizations, Global Payment/Total Cost of Care arrangements, Patient Centered Medical Homes and Shared Savings arrangements.

Value-Based Programs Administration

Under Value-Based Programs, BCBSKS or a Host Blue plan may pay providers for reaching agreed-upon cost/quality goals in the following ways: retrospective settlements, Provider Incentives, a share of target savings, Care Coordinator Fees and/or other allowed amounts. BCBSKS or the Host Blue plan may pass these provider payments on to Company as either an amount included in the price of the claim or an amount charged separately in addition to the claim.

When such amounts are included in the price of the claim, the claim may be billed using one of the following pricing methods:

(i} Actual Pricing Claim Based (Actual Pricing): The charge to accounts for Value-Based Programs incentives/shared savings settlements is part of the claim. These charges are passed via an enhanced fee schedule.

(ii} Supplemental Factor The charge to accounts for Value-Based Programs incentives/Shared-Savings settlements is a supplemental amount that is included in the claim as an amount based on a fixed supplemental factor (e.g., a small percentage increase in the claim amount). The supplemental factor may be adjusted from time to time.

When such amounts are billed separate from the price of the claim, they may be billed as follows:

(i} Per Member Per Month (PMPM) Billings: Per Member Per Month billings for Value-Based Programs incentives/shared-savings settlements to accounts are outside of the claim system. BCBSKS will pass these Host Blue or local charges through to Company as a separately identified amount on the group billings.

(ii} Where BCBSKS or Host Blue plans pass on the costs of Value-Based Programs as PMPM amounts not attached to specific claims, BCBSKS may pass these amounts to Company.

The amounts used to calculate either the supplemental factors for estimated pricing or PMPM billings are fixed amounts that are estimated to be necessary to finance the cost of a particular Value-Based Program.

PMPM billing rates can be changed as necessary before the end of the measurement period if it is determined that the estimate is too high or insufficient to cover the anticipated PMPM billing.

At the end of the Value-Based Program payment and/or reconciliation measurement period for these arrangements, BCBSKS or Host Blue plans will take one of the following actions:

(i) Use any surplus in funds to fund Value-Based Program payments or reconciliation


amounts in the next measurement period.

(ii) Address any deficit in funds through an adjustment to the per-member-per-month billing amount or the reconciliation billing amount for the next measurement period.

In some cases, the measurement period for determining these surpluses or deficits would differ from the term of this agreement. Such surpluses or deficits would be eventually exhausted through prospective adjustment to the settlement billings in the case of Value-Based Programs.

Subscribers will not bear any portion of the cost of Value-Based Programs except when BCBSKS or Host Blue plans use either average pricing or actual pricing to pay providers under Value-Based Programs.

Care Coordinator Fees

BCBSKS or Host Blue plans may also bill for Care Coordinator Fees which will be passed on to Company as follows:

(i) PMPM billings

Or

(ii) Individual claim billings through applicable care coordination codes from the most current editions of either Current Procedural Terminology (CPT) published by the American Medical Association (AMA) or Healthcare Common Procedure Coding System (HCPCS) published by the US Centers for Medicare and Medicaid Services (CMS).

As part of this agreement, BCBSKS and Company will not impose subscriber cost sharing for Care Coordinator Fees.

5. Advance Deposit Should the Company terminate this agreement and choose not to continue claims reimbursement by ACH, the Company may be required to provide BCBSKS an advance deposit in an amount stipulated by BCBSKS at or prior to the commencement of this agreement.

BCBSKS will use these funds to pay the insured's claims obligations, and in the event Company holds a stop-loss agreement from BCBSKS, the insured's claims obligations will be up to the stop-loss attachment points specified in the stop-loss insurance contract issued to the Company. The Company agrees to pay BCBSKS an amount necessary to restore to its full amount the advance deposit. BCBSKS may change the amount of advance deposit by prior notification to the Company.

6. Additional Termination Provisions:

The Administrative Services Agreement to which this is attached may be terminated by BCBSKS or by the Company as of the first day of any month by giving a written notice to the other party at least 60 days prior to such date. The Administrative Services Agreement, and the stop-loss insurance agreement, if applicable, shall automatically terminate as of the earliest of the following dates:

A. The day on which the Company shall not have made funds available for payment of all benefits required to be paid from its funds in accordance with this Attachment A;

B. The date as of which the stop-loss insurance contract issued by BCBSKS (if any) is terminated by cessation of premium payments;

C. The date of the termination of the Benefit Plan.

Upon termination of this Attachment A and the Agreement to provide Administrative Services, the Company shall have the obligation for payment of benefits then unpaid for claims incurred prior to such termination until the amount of such payments results in attachment of BCBSKS liability under the stop-

FORM AP-0001A 01/15 PageS

loss insurance agreement, if applicable. Upon termination of this Agreement with no subsequent agreement signed, the Company shall pay to BCBSKS the actuarial determination of the incurred but unpaid claims liability for which the Company may be obligated, to the extent such additional funds are necessary beyond amounts of the advance deposit still held by BCBSKS. The Company agrees to pay this amount to BCBSKS within five days from the date notification is received. If this amount becomes depleted, BCBSKS will request additional funds. BCBSKS will resume processing and paying the remaining claims upon receipt of the additional funds. If the additional funds are not received by BCBSKS within five days of the Company's receipt of notification, the remaining claims liability will become the responsibility of the Company and BCBSKS shall have no further obligation for any claims processing or any claims payments. Eighteen months from the termination of this Agreement, BCBSKS shall return Company the difference, if any, between the Company's obligation hereunder and the amounts made available to BCBSKS, thus ending all of BCBSKS' obligations.

7. Obligations Upon Termination:

In the event this Agreement terminates, the per employee charge specified in Paragraph 1 of this Attachment A shall also terminate. However, the remaining administrative fees, as well as the claims paid or incurred, shall continue to be payable to BCBSKS as provided in Paragraph 19, sub-paragraph D(i) of the contract to which this Attachment A is attached.

If payment of the Administrative Fees and/or Claims Reimbursement has not been made to BCBSKS by the end of two (2) weeks following the original due date, this Agreement and the Benefit Plan to which it is applicable are automatically terminated as of the date such payment(s) were due.

Agreed to this ____ .day of _____________ _ (day) (month) (yeatj

Shawnee County Blue Cross & Blue Shield of Kansas, Inc.

By: _____________ _ By:o~~

.-

Title: ______________ _ Title:-~. :til!!

' c .. - .f;f-~


.. ' =~:=~~::d ® ® ofKansas


AMENDMENT TO STOP LOSS CONTRACT (Monthly Aggregate)

PART 1. GENERAL

This is an amendment to the Stop-Loss Contract. It becomes effective on the later of September 1, 1989; or the Contract Date specified in the Stop-Loss Contract.

The conditions described in the Stop-Loss Contract also control this amendment except where this amendment specifically states there is a change.

PART 2. CHANGES BEING MADE BY THIS AMENDMENT

The Stop-Loss Contract is amended to the extent necessary so that:

The Company's maximum liability on a Contract Period to date basis is limited to 1/n of the contractual period amount where n is equal to the total number of months in the Contract Period, determined through application of the Aggregate Stop-Loss Provision, multiplied by the number of months expired during the Contract Period. If the monthly claims expense that is to be applied toward the Company's monthly maximum liability is less than the monthly maximum liability, the difference is called a residual. If the monthly claims expense that is to be applied toward the Company's monthly maximum liability is greater than the monthly maximum liability, the difference is called the claims expense surplus. For such month-tomonth calculations, "monthly claims expense" means claims paid during such month which were incurred in the Contract Period, plus any residuals or claims expense surpluses carried forward. Both residuals and claims expense surpluses are cumulative and carry forward from month-to-month throughout the Contract Period. The balance in a Contract Period of the net of residuals and claims expense surpluses thus carried forward during the Contract Period shall be applied toward the Aggregate Stop-Loss Provision for that Contract Period. In no event will the foregoing calculations of the stop-loss on a monthly basis cause the Company's liability to deviate from the total amount determined by application of the Aggregate Stop-Loss Provision.

Form No. 80-1770 01/13 Page 1

• ' ::=~~~::d e ® ofKansas


STOP LOSS CONTRACT COMBINED INDIVIDUAL AND AGGREGATE

(Incurred Claims Basis)

This Contract describes the benefits provided by Blue Cross and Blue Shield of Kansas, Inc. (herein called "Blue Cross and Blue Shield of Kansas" or "BCBSKS"), Topeka, Kansas, and the exclusions and limitations. This Contract may be canceled by the Company or by Blue Cross and Blue Shield of Kansas, Inc., as described in this Contract.

Blue Cross and Blue Shield of Kansas, Inc. Home Office: 1133 SW Topeka Boulevard, Topeka, Kansas 66629

This Contract is issued to:

Shawnee County (called "the Company" in this Contract)

In consideration of the payment of premiums by the Company, Blue Cross and Blue Shield of Kansas agrees to

provide the benefits described in this Contract. Coverage under this Contract begins at 12:01 a.m. Central Time at

Topeka, Kansas, on January 1, 2015 (called the Contract Date in this Contract) and continues after that from year to

year, unless the Contract is terminated. Premiums are due and payable in advance of the Contract Date and after

that by the first day of each successive month, unless the Company is billed quarterly or semi-annually, in which case

premiums are due and payable in advance of the Contract Date and after that by the first day of the month in which

the premium is due.

Blue Cross and Blue Shield of Kansas signed this Contract on ----~LIL~-J~~-"'z.""_'-+/;..tt:..-"U,_ __ / I ....,...

FORM 80-1178 10/11 Page 1

PART 1. DEFINITIONS

A. Beneficiary means a person entitled to benefits under the Company's self-insured employee welfare benefit plan providing benefits for hospital, medical and surgical benefits and other benefits administered by BCBSKS.

B. Benefits means coverage provided Beneficiaries as set forth in their benefit description.

C. BCBSKS means Blue Cross and Blue Shield of Kansas.

D. Combined Individual and Aggregate Stop-Loss Provision means:

1. Individual Attachment Point: The Incurred Claims Expense level at which the Company's claims liability stops for a Beneficiary in a Contract Period. The Company's Individual Attachment Point is $175,000.00.

2. Aggregate Attachment Point: The Incurred Claims Expense at 115% of the Expected Incurred Claims Expense. The initial Aggregate Attachment Point will be set forth in the 'Summary of Charges' document, signed by the Company. The Expected Incurred Claims Expense will vary based on the change in the number of covered Beneficiaries. However in no event will the Aggregate Attachment Point during a Contract Period be less than 80% of the initial Aggregate Attachment Point established at the beginning of the Contract Period.

If the Company for any reason does not maintain this Contract in force for the entire Contract Period, the Aggregate Attachment Point shall be increased by multiplying 115% times the Pure Premium Monthly Rates times the number of employees or retirees covered on the date of termination times the number of months between the early date of termination and the end of the Contract Period. In no event however will the Aggregate Attachment Point be less than 80% of the initial Aggregate Attachment Point.

E. Company means the party named on the face of this Contract who has contracted with BCBSKS for this Contract.

F. Contract means this Contract between BCBSKS and the Company and includes:

All of the forms issued to the Company by Blue Cross and Blue Shield of Kansas, including endorsements, amendments, and riders; and

The application of the Company for this Contract.

G. Contract Period means the twelve-month period beginning on the Contract Date stated on the face of this Contract and each succeeding twelve-month period until this Contract is canceled. Generally the contract period is at least 12 months long; however, BCBSKS and the Company may mutually agree to a contract period which is other than 12 months.

H. Expected Incurred Claims Expense means the total amount of claims expense that the Beneficiaries of the Company are expected to incur during a Contract Period. This amount is computed by multiplying the Pure Premium Monthly Rates times the number of employees and retirees covered each month by this Contract for the Contract Period.

FORM 80-1178 10/11 Page2

I. Incurred Claims Expense means the Benefits for which either the Company or BCBSKS is liable. A covered service is considered to have been incurred on the date the service is received except for bed-patient Hospital or Medical Care Facility services and for Doctor's Medical Services (Non-Surgical) for bed-patients, the Benefits are deemed to have been incurred:

1. For admissions occurring on or after the Contract Date, on the date of admission to the hospital or medical care facility. However, should this Contract terminate or coverage for a Beneficiary terminate under this Contract prior to the release of a Beneficiary from such hospital or medical care facility, only those claims for services rendered up to and including the termination date will be considered incurred claims expense. In the event the Company has included in their benefit description a provision extending coverage for 31 days for Beneficiaries confined in the hospital on the termination date of their coverage, claims shall only be considered as incurred claims expense for those services rendered up to the earlier of the date the Benefit Plan participant is discharged from the hospital or the end of the extension. Claims incurred under any such extension of benefits provision will be considered incurred claims expense for the purpose of this provision only in a secondary manner to the benefits of any subsequent replacement group health benefit plan or policy intended to provide continuous coverage, as of the effective date of the replacement policy.

2. For admissions occurring prior to the Contract Date, on the Contract Date. Only the claims expense attributable to covered benefits provided for services rendered on or after the Contract Date will be considered incurred claims expense.

J. Pure Premium Monthly Rates mean the projected monthly rates necessary to cover the monthly Incurred Claims Expense per membership.

PART 2. GENERAL

A. Purpose of this Contract: BCBSKS hereby accepts the full responsibility for the Benefits which are in excess of the Combined Individual and Aggregate Stop-Loss Provision for the remainder of that Contract Period. It is understood that BCBSKS has no liability under this Contract until the Company's liability has been terminated by the Combined Individual and Aggregate Stop-Loss Provision.

B. Settlement of the Individual and Aggregate Stop-Loss Provision: At least monthly BCBSKS will report to the Company the Beneficiaries who have reached the Individual Attachment Point of the Contract. The Benefits which are in excess of the Individual Attachment Point will be excluded from the accumulative amount of Incurred Claims Expense for that Contract Period for determining the Aggregate Attachment Point. The Benefits which are in excess of either the Individual or Aggregate Attachment Points will be the responsibility of BCBSKS.

C. Charging Incurred Claims Expense: For the purpose of this Contract, claims expense incurred in a Contract Period will be charged to that same Contract Period regardless of when it is paid.

D. Limit of Liability: It is recognized that the Administrative Services Agreement between the Company and Blue Cross and Blue Shield of Kansas gives the Company the express authority to determine the right of any Beneficiary to health care benefits. If the Company determines that benefits should be paid for a Beneficiary, then the difference between the amount actually paid and the amount the Beneficiary is eligible for under the terms of the benefit description will not be taken into consideration when determining the liability of Blue Cross and Blue Shield of Kansas with regard to any contractual arrangement it has with the Company.

E. Membership, Voting, Annual Meeting and Participation: The policyholder (the person or entity to which the insurance contract has been issued) is a member of Blue Cross and Blue Shield of Kansas and is entitled to vote in person or by proxy at meetings of policyholders. The annual meeting of policyholders is held on the second Thursday in May of each year at 8:30 o'clock a.m. at BCBSKS' principal place of business at, 1133 Topeka Boulevard, Topeka, Kansas, or at such other place as the Chairman of the Board of Directors might designate in a notice of meeting given to policyholders. Printed notice in this shall be sufficient as to notification. If any dividends are distributed, the policyholder will share in them according to law and under conditions set by the Board of Directors.

F. Statements Made: All statements made by the Company will be deemed representations and not warranties.

FORM 80-1178 10/11 Page3

G. Grace Period: Unless written notice of BCBSKS' intent not to renew this Contract is delivered to the Company at the Company's last address as shown in BCBSKS' records, at least 60 days prior to the premium due date, this Contract has a 10 day grace period.

This means that if a premium is not paid on or before its due date, it may be paid during the 10 days that follow. During the grace period this Contract will stay in force. Unless premiums are paid by the end of the grace period, this Contract will be canceled effective the date to which premiums have been paid.

H. Reinstatement: If the premium is not paid during the grace period, this Contract will lapse. Later acceptance of premium by BCBSKS (or by any agent authorized to accept payment) without requiring an application for reinstatement, will reinstate this Contract.

If BCBSKS or its agent require an application, the Company will be given a conditional receipt for the premium. If the application is approved, this Contract will be reinstated as of the date of lapse. Lacking such approval, this Contract will be reinstated on the 45th day after the date of the conditional receipt unless BCBSKS previously notified the Company, in writing, of disapproval.

The reinstated contract will cover only loss which results from an injury sustained after the date of reinstatement or sickness that starts after such date. In all other respects the Company's rights and BCBSKS' rights will remain the same, subject to any provisions noted on or attached to the reinstated contract.

I. Claims: The Administrative Services Agreement and the Attachment A thereto, include provisions that are consistent with the following provisions that are otherwise required, by the Kansas Insurance Code, to be included in Stop-Loss contracts issued in Kansas: Notice of Claim, Claim Forms, Proofs of Loss, Time of Payment of Claims, and Payment of Claims.

J. Legal Actions: No legal action may be brought to recover on this Contract within 60 days of the date the cause of the action occurs. No such action may be brought after 5 years from the date the cause of the action occurs.

K. Notice:

1. From BCBSKS to the Company. A notice sent to the Company by BCBSKS is considered "given" when mailed to the Company at the latest address appearing on the records of BCBSKS.

2. From the Company to BCBSKS. Notice to BCBSKS is considered "given" when received by BCBSKS at 1133 Topeka Avenue, Topeka, Kansas.

L. Company Bankruptcy: The Company's bankruptcy or insolvency will not relieve BCBSKS from its obligation to pay claims under this Contract.

M. Cancellation:

M.1 Cancellation by the Company.

The Company may cancel this Contract at any time (subject to the "Contract Period" provision of this Contract) by delivering or sending 60 days advance written notice to the home office of BCBSKS, 1133 Topeka Avenue, Topeka, Kansas. Cancellation will be effective 60 days from the date such notice is received or on the date shown in the notice, whichever is later. In the event of cancellation, the unearned portion of any premium paid will be promptly returned. The earned premium shall be computed on a pro-rata basis. Cancellation shall be without prejudice to any claim originating prior to the effective date of cancellation.

M.2 Cancellation by BCBSKS.

BCBSKS may cancel this Contract by giving the Company 60 days advance written notice. Cancellation in this instance is effective the date premiums have been paid to.

FORM 80-1178 10111 Page4

& ' =~:=~~::d T. ® ofKansas An Independent Licensee of the Blue Cross and Blue Shield Association.

STOP LOSS CONTRACT COMBINED INDIVIDUAL AND AGGREGATE

(Incurred Claims Basis)

This Contract describes the benefits provided by Blue Cross and Blue Shield of Kansas, Topeka, Kansas, and the exclusions and limitations. This Contract may be canceled by the Company or by Blue Cross and Blue Shield of Kansas as described in this Contract.

Form No. 80-1178 10/11 PageS ® Registered Mark Blue Cross Blue Shield Association

..

RIDER

PART 1. GENERAL

This is a Rider to the Group Contract. It becomes effective on the date shown in the records of Blue Cross and Blue Shield of Kansas, Inc. This Rider should be attached to the Contract.

The conditions described in the Contract also control this Rider, except where this Rider specifically states there is a change.

PART2. CHANGES BEING MADE BY THIS RIDER

A. The following information is added to the General Information or similar section of the Group Contract.

The Company on behalf of itself and its participants hereby expressly acknowledges its understanding this Contract constitutes a contract solely between the Company and Blue Cross and Blue Shield of Kansas, which is an independent corporation operating under an agreement with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans, (the "Association") permitting Blue Cross and Blue Shield of Kansas to use the Blue Cross and/or Blue Shield Service Marks in the State of Kansas and that Blue Cross and Blue Shield of Kansas is not contracting as the agent of the Association. The Company on behalf of itself and its participants further acknowledges that it has not entered into this Contract based upon representations by any person other than Blue Cross and Blue Shield of Kansas and that no person, entity, or organization other than Blue Cross and Blue Shield of Kansas shall be held accountable or liable to the Company for any of the Blue Cross and Blue Shield of Kansas's obligations to the Company created under this Contract. This paragraph shall not create any additional obligations whatsoever on the part of Blue Cross and Blue Shield of Kansas other than those obligations created under other provisions of this agreement.

FORM 80-1992 1 0/11 Page 1

•

• BlueCross U BlueSbield

ft ofKansas An Independent Licensee of the Blue Cross and Blue Shield Association.

ADDENDUM TO AGREEMENT TO PROVIDE ADMINISTRATIVE SERVICES FOR A SELF-FUNDED BENEFIT PLAN EXTERNAL REVIEW PROCESS1

This Addendum to Agreement to Provide Administrative Services for a Self-Funded Benefit Plan ("Addendum") is entered into on this January 1, 2015, by and between Blue Cross and Blue Shield of Kansas, Inc. ("BCBSKS") and Shawnee County ("Company"). The purpose of this Addendum is to address Company's External Review Process as required by the Public Health Service Act ("PHS"), Section 2719. BCBSKS and Company mutually agree to modify their Agreement to Provide Administrative Services for a Self-Funded Benefit Plan ("Agreement") as set forth in this Addendum.

1. Standard External Review Process.

A. Request for External Review.

The Benefit Plan2 must allow a Claimant to file a request for an External Review with the Benefit Plan if the request is filed within four months after the date of receipt of a notice of an Adverse Benefit Determination or Final Internal Adverse Benefit Determination and such determination is eligible for External Review under the applicable DOL and Treasury regulations. If there is no corresponding date four months after the date of receipt of such a notice, then the request must be filed by the first day of the fifth month following the receipt of the notice. For example, if the date of receipt of the notice is October 30, because there is no February 30, the request must be filed by March 1. If the last filing date would fall on a Saturday, Sunday, or federal holiday, the last filing date is extended to the next day that is not a Saturday, Sunday, or federal holiday.

In the event the Benefit Plan receives a request from a Claimant for External Review, Benefit Plan shall immediately notify BCBSKS and transmit such request to BCBSKS.

B. Preliminary Review.

Within five business days following the date of receipt of the External Review request, BCBSKS must complete a preliminary review of the request to determine whether:

(i) The Claimant is or was covered under the Benefit Plan at the time the health care item or service was requested or, in the case of a retrospective review, was covered under the Benefit Plan at the time the health care item or service was provided;

(ii) The Adverse Benefit Determination or the Final Adverse Benefit Determination is eligible for External Review and does not relate to the Claimant's failure to meet the requirements for eligibility under the terms of the Benefit Plan (e.g., worker classification or similar determination);

1 The procedures set forth in this Addendum were promulgated by the U.S. Department of Labor, Employee Benefit Security Administration, Technical Release 201 0-01, dated August 23, 2010.

2 Section 2719 of the Public Health Safety Ad. and Technical Release 2010-01 use the term "Group Health Plan" in describing those entities to which the External Review Process applies. Because our underlying Agreement uses the term "Benefit Plan" in referring to such entities, we are using that term here.

FORM AP-0058A 01/14 Page 1

..

..

(iii) The Claimant has exhausted the Benefit Plan's Internal Appeal process unless the Claimant is not required to exhaust the Internal Appeals process under the interim final regulations; and

(iv) The Claimant has provided all the information and forms required to process an External Review.

Within one business day after completion of the preliminary review, BCBSKS must issue a notification in writing to the Claimane. If the request is complete but not eligible for External Review, such notification must include the reasons for its ineligibility and contact information for the Employee Benefits Security Administration (toll-free number 866-444-EBSA (3272)). If the request is not complete, such notification must describe the information or materials needed to make the request complete and the Benefit Plan must allow a Claimant to perfect the request for External Review within the four-month filing period or within the 48-hour period following the receipt of the notification, whichever is later.

C. Referral to Independent Review Organization.

BCBSKS4 shall contract directly with Independent Review Organizations ("IRO") to provide the External Appeals procedures set forth in the Patient Protection and Affordable Care Act ("PPACA"). BCBSKS will contract with an IRO that is accredited by either the Utilization Review Accreditation Committee ("URAC") or by a similar nationally recognized accrediting organization to conduct the external review. BCBSKS shall contract with at least three IROs for assignments under the Benefit Plan and rotate claims assignments among them (or incorporate other independent, unbiased methods for selection of IROs, such as random selection). The IRO shall not be eligible for any financial incentives based on the likelihood that the IRO will support the denial of benefits. The contract between BCBSKS and an IRO shall provide the following:

(i) The assigned IRO will utilize legal experts where appropriate to make coverage determinations under the Benefit Plan.

(ii) The assigned IRO will timely notify the Claimant in writing of the request's eligibility and acceptance for External Review. This notice will include a statement that the Claimant may submit in writing to the assigned IRO within ten business days following the date of receipt of the notice additional information that the IRO must consider when conducting the External Review. The IRO is not required to, but may, accept and consider additional information submitted after ten business days.

(iii) Within five business days after the date of assignment of the IRO, BCBSKS should provide to the assigned IRO the documents and any information considered in making the Adverse Benefit Determination or Final Internal Adverse Benefit Determination. Failure by BCBSKS to timely provide the documents and information should not delay the conduct of the External Review. If BCBSKS, on behalf of the Benefit Plan, fails to timely provide the documents and information, the assigned IRO may terminate the External Review and make a decision to reverse the Adverse Benefit Determination or Final Internal Adverse Benefit Determination. Within one business day after making the decision, the IRO must notify the Claimant, BCBSKS, and the Benefit Plan.

(iv) Upon receipt of any information submitted by the Claimant, the assigned IRO must within one business day forward the information to BCBSKS and the Benefit Plan. Upon receipt of any such information, the Benefit Plan may reconsider its Adverse Benefit Determination or Final Internal Adverse Benefit Determination that is the subject of the

3 Note that, under the interim final regulations, any reference to a "claimanr includes the claimant's authorized representative. See 29 CFR 2590.715-2719(a)(2)(iii). 4 The language of the proposed Addendum varies from the technical release in that it specifically references BCBSKS instead of "the plan" in general.


External Review. Reconsideration by the Benefit Plan must not delay the External Review. The External Review may be terminated as a result of the reconsideration only if the Benefit Plan decides, upon completion of its reconsideration, to reverse its Adverse Benefit Determination or Final Internal Adverse Benefit Determination and provide coverage or payment. Within one business day after making such a decision, the Benefit Plan must provide written notice of its decision to the Claimant, BCBSKS, and the assigned IRO. The assigned IRO must terminate the External Review upon receipt of the notice from the Benefit Plan or BCBSKS.

(v) The IRO will review all of the information and documents timely received. In reaching a decision, the assigned IRO will review the claim de novo and not be bound by any decisions or conclusions reached during the Benefit Plan's internal claims and appeals process applicable under paragraph (b) of the interim final regulations under section 2719 of the PHS Act. In addition to the documents and information provided, the assigned IRO, to the extent the information or documents are available and the IRO considers them appropriate, will consider the following in reaching a decision:

1. The Claimant's medical records;

2. The attending health care professional's recommendation;

3. Reports from appropriate health care professionals and other documents submitted by the Benefit Plan or issuer, claimant, or the claimant's treating provider;

4. The terms of the Claimant's Benefit Plan to ensure that the IRO's decision is not contrary to the terms of the Benefit Plan, unless the terms are inconsistent with applicable law;

5. Appropriate practice guidelines, which must include applicable evidence-based standards and may include any other practice guidelines developed by the federal government, national or professional medical societies, boards, and associations;

6. Any applicable clinical review criteria developed and used by the Benefit Plan, unless the criteria are inconsistent with the terms of the Benefit Plan or with applicable law; and

7. The opinion of the IRO's clinical reviewer or reviewers after considering the information described in this notice to the extent the information or documents are available and the clinical reviewer or reviewers consider appropriate.

(vi) The assigned IRO must provide written notice of the Final External Review Decision within 45 days after the IRO receives the request for the External Review. The IRO must deliver the notice of Final External Review Decision to the Claimant, BCBSKS, and the Benefit Plan.

(vii) The assigned IRO's decision notice will contain:

1. A general description of the reason for the request for External Review, including information sufficient to identify the claim (including the date or dates of service, the health care provider, the claim amount (if applicable), the diagnosis code and its corresponding meaning, the treatment code and its corresponding meaning, and the reason for the previous denial);

2. The date the IRO received the assignment to conduct the External Review and the date of the IRO decision:

3. References to the evidence or documentation, including the specific coverage provisions and evidence-based standards, considered in reaching its decision;


. '

' .

4. A discussion of the principal reason or reasons for its decision, including the rationale for its decision and any evidence-based standards that were relied on in making its decision;

5. A statement that the determination is binding except to the extent that other remedies may be available under state or federal law to either the Benefit Plan or to the Claimant;

6. A statement that judicial review may be available to the Claimant; and

7. Current contact information, including phone number, for any applicable office of health insurance consumer assistance or ombudsman established under PHS Act section 2793.

(viii) After a Final External Review Decision, the IRO must maintain records of all claims and notices associated with the External Review process for six years. An IRO must make such records available for examination by the Claimant, Benefit Plan, or state or federal oversight agency upon request, except where such disclosure would violate state or federal privacy laws.

D. Reversal of Benefit Plan's decision.

Upon receipt of a notice of a Final External Review Decision reversing the Adverse Benefit Determination or Final Internal Adverse Benefit Determination, the Benefit Plan immediately must provide coverage or payment (including immediately authorizing or immediately paying benefits) for the claim.

2. Expedited External Review for self-insured Benefit Plans.

A. Request for expedited External Review.

The Benefit Plan must allow a Claimant to make a request for an expedited External Review with the Benefit Plan at the time the Claimant receives:

(i) An Adverse Benefit Determination if the Adverse Benefit Determination involves a medical condition of the Claimant for which the timeframe for completion of an expedited Internal Appeal under the interim final regulations would seriously jeopardize the life or health of the Claimant or would jeopardize the Claimant's ability to regain maximum function and the Claimant has filed a request for an expedited Internal Appeal; or

(ii) A Final Internal Adverse Benefit Determination, if the Claimant has a medical condition where the timeframe for completion of a standard External Review would seriously jeopardize the life or health of the Claimant or would jeopardize the Claimant's ability to regain maximum function, or if the Final Internal Adverse Benefit Determination concerns an admission, availability of care, continued stay, or health care item or service for which the Claimant received emergency services but has not been discharged from a facility.

B. Preliminary review.

Immediately upon receipt of the request for expedited External Review, BCBSKS must determine whether the request meets the reviewability requirements set forth in Paragraph I.B above for standard External Review. BCBSKS must immediately send a notice that meets the requirements set forth in Paragraph I.B above for standard External Review to the Claimant of its eligibility determination.

C. Referral to Independent Review Organization.

Upon a determination that a request is eligible for External Review following the preliminary review, BCBSKS will assign an IRO pursuant to the requirements set forth in

FORM AP-0058A 01114 Page4

Paragraph I.C above for standard review. BCBSKS must provide or transmit all necessary documents and information considered in making the Adverse Benefit Determination or Final Internal Adverse Benefit Determination to the assigned IRQ electronically or by telephone or facsimile or any other available expeditious method.

The assigned IRQ, to the extent the information or documents are available and the IRQ considers them appropriate, must consider the information or documents described above under the procedures for standard review. In reaching a decision, the assigned IRQ must review the claim de novo and is not bound by any decisions or conclusions reached during the Benefit Plan's internal claims and appeals process.

D. Notice of Final External Review Decision.

BCBSKS's contract with the assigned IRQ should require the IRQ to provide notice of the Final External Review Decision, in accordance with the requirements set forth in Paragraph I.C above, as expeditiously as the Claimant's medical condition or circumstances require, but in no event more than 72 hours after the IRQ receives the request for an expedited External Review. If the notice is not in writing, within 48 hours after the date of providing that notice, the assigned IRQ must provide written confirmation of the decision to the Claimant, BCBSKS, and the Benefit Plan.

3. Definitions.

The terms "Adverse Benefit Determination," "Appeal," "Internal Appeal," "Claimant," "External Review," "Final Internal Adverse Benefit Determination," "Final External Review Decision," and "Independent Review Organization" as used in this Addendum all have the same definitions as set out in 45 C.F.R. 147.136, as amended.

4. Fees.

BCBSKS will charge Benefit Plan fees in the amount of $168.60 for its administration of the External Review process described above in addition to those set out in Attachment A to the Agreement. Benefit Plan is also responsible for reimbursing BCBSKS for all fees charged by IROs in connection with External Reviews.

Shawnee County

BY: ______________________ _

TITLE:------------------

DATE: _________________ _

FORM AP-0058A 01/14

Blue Cr~lue Shield of Kansas, Inc.

BY:(_/~~--TITLE: 4- ._,~ c._.,__ ~, r

PageS

Memorandum

To:

From:

Re:

Date:

Robert E. Archer, Chairman, Shawnee County Commission Kevin J. Cook, Vice Chair, Shawnee County Commissioner Shelly Buhler, Chair, Shawnee County Commission Rich Eckert, Shawnee County Counselor/Contract Administrator Betty Greiner, Director, SNCO Audit/Finance

H.R. Cook, General Manager \\ f . Request for emergency paymen~~ance settlement

November 19,2014

Please add this request to the Shawnee County Commission Consent Agenda for the meeting schedule for Monday, November 24, 2014.

On September 10, 2014 the office guard at the Kansas Expocentre found that there was damage to some of the RV electrical hookup boxes at the south end of the parking lot south of Landon Arena. Closer examination showed that copper wire had been either stolen or damaged which rendered those RV outlets unusable. During an assessment of the damage it was further discovered that wiring had also been stolen or damaged that powered 9 light poles in the parking lot.

Repairs have been condensed down to three stages. First, the immediate restoration of the light poles in the parking lot. Secondly, the installation of temporary power to accommodate RV's needing hookups not only for the Doberman Pinscher Dog Show, but also for all events since then, and third, the permanent restoration of power to the RV Hookups described above. The final stage of restoration is pending the approval of this request.

This request is for the Board of Commissioners to make emergency payment to D. L. Smith Electric for the scope of repairs as described above in the amount of $42,412.23. Financial Administrator, Betty Greiner has received a check from Traveler's Insurance for the amount of $29,512.73. The Kansas Expocentre is furthering a request for payment of the $10,000.00 deductible, as spelled out in the insurance policy, from the Kansas Expocentre Capital Expenditure Fund, which leaves a balance due of $2,899.50 to D. L. Smith Electric.

This $2,899.50 is defined by the insurance company as "recoverable depreciation". In short, this means that once the repairs are completed, the insurance company will make a

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

payment to Shawnee County for this amount. If repairs are not made, this amount will not be a part of their claim payment.

In summary this request is for the following items:

• Accept the insurance claim check from Traveler's Insurance in the amount of $29,512.73.

• Accept the intent of the Kansas Expocentre Capital Expenditure to pay Shawnee County the deductible in the amount of $10,000.00.

• Accept that Traveler's Insurance will pay for the depreciation, after the work is complete and the depreciation is "restored".

• Make emergency payment in the amount of $10,412.23 to D. L. Smith Electrical for the first two stages of the restoration of power in the affected areas.

• Agree to make payment to D.L. Smith Electric an amount equal to $32,000.00 for the third and final stage, making permanent repairs to the 24 RV hookups which were damaged. This payment need not be made until the work is successfully completed.

Thank you for your consideration in this matter.

Attachments: SNCO Emergency Purchase Form Settlement Documentation Recoverable Depreciation

EMERGENCY PURCHASE FORM

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

Acquisition in the amount of $ "3 ?_ 1 lfJ'? , L '3. is requested for payment.

Emergency - an urgent and unexpected requirement where health and public safety or the conservation of public resources is a risk.

vendor: \)\L,S-vn:,~ t_\~~__ c_+"""·· L_

Address: ) '-\-u'S sw ~ 1 ~ t ~-h-~e_'t'\ }; p{_JL'\) 'K<;, LL(., o1

1. Description of Material or Service: . \)

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~-~-\.~-~~~-~-~~t~_C:.t~\>_t_~_=t_~-·~~-~J_c_l\__~.-~\_~~~?-~~E~R-~--~-~~~J-:f~-:~_£_,. ~ DEPARTMENT USE ONLY

Department Name : \ z. ¥ ~ S h'{b< '.J'v-<- Te 1 epho ne : \ '? «:; • 1:1 <;" -l 'N. (, Agency Approv a 1 : ---.,R/L~fi__.__.L., --"'l~,_v;:_'-=--____________ Date: \\ _ \ L\ _ ""Z..v \ '-t

(Signature and Title)

AUDIT-FINANCE PURCHASING USE ONLY

Approved by: ___ ~~~~~~~-~~=-==~~~-------Date (ADMINISTRATOR, AUDIT-FINANCE)

(Revised 2/12/14)

..... TRAVELERSJ

Customer: SHAWNEE COUNTY BOARD OF COMMIS ONE EXPO CTR DR

Business: (785) 368-2004 x 5504 Property:

TOPEKA, KS 66603 Home: 200 SE 7TH ST., ROOM 107,

TOPEKA, KS 66603

Claim Rep.: Bern Bounsom

Company: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Property: PO Box2930 Business: (913) 957-0181 Overland Park, KS 66201 E-mail: [email protected]

Claim Number: E211078001H Date of Loss: 9/7/2014

Coverage

Commercial Building 1

Policy Number: PJ630 7859X81A Date Completed:

Deductible Policy Limit

$10,000.00 $0.00

Dear SHAWNEE COUNTY BOARD OF COMMIS:

Type of Loss: Theft - On premises Price List: KST07X_SEP14

We have prepared an estimate of damages which will serve as the basis for our determination of benefits. Therefore, you and/or your contractor should review this estimate carefully and let us know immediately if you have any questions prior to beginning any work. A letter with an explanation of benefits and coverage will be provided to you separately.

Thank you for allowing us to be of service, and thank you for choosing TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA for your insurance needs. If you have any questions regarding this estimate or any aspect of your claim, please contact Bern Bounsom at (913) 957-0181.

For more information about how the claim process works and where to find services to help you recover, visit travelers. com/claim.

..... TRAVELERSJ

Customer: SHAWNEE COUNTY BOARD OF COMMIS Property: ONE EXPO CTR DR

TOPEKA, KS 66603 Home: 200 SE 7TH ST., ROOM 107,

TOPEKA, KS 66603

Claim Rep.: Bern Bounsom

Business: (785) 368-2004 x 5504

Company: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Property: PO Box 2930 Business: (913) 957-0181 Overland Park, KS 6620 1 E-mail: [email protected]

Claim Number: E2Jl078001H Date of Loss: 917/2014

Policy Number: PJ630 7859X81A Date Completed:

Type of Loss: Theft- On premises Price List: KST07X _ SEP 14

Coverage Deductible Policy Limit

Commercial Building 1 $10,000.00 $0.00

Dear SHAWNEE COUNTY BOARD OF COMMIS:

We have prepared an estimate of damages which will serve as the basis for our determination of benefits. Therefore, you and/or your contractor should review this estimate carefully and let us know immediately if you have any questions prior to beginning any work. A letter with an explanation of benefits and coverage will be provided to you separately.

Thank you for allowing us to be of service, and thank you for choosing TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA for your insurance needs. If you have any questions regarding this estimate or any aspect of your claim, please contact Bern Bounsom at (913) 957-0181.

For more information about how the claim process works am/where to find services to help you recover, visit travelers.comlclaim.

~ TRAVELERSJ Common Units of Measure

EA- Each CV- Cubic Yard

SQ- Square

HR- Hour

Guide to Understanding Your Property Estimate

LF- Linear Foot

SF- Square Foot

SY- Square Yard

CF- Cubic Foot

DA- Day

RM-Room

Your Estimate Cover Sheet ....................................... ~

The cover sheet of your estimate includes important information such as:

• (A) Your Travelers claim professional's contact information

• (B) Your claim number

• (C) The types of coverage under your policy, including the applicable deductibles and policy limits.

• (D) Your estimate may include policy sublimits for specific items, such as money. Each sublimit has a unique ID tag. That ID tag will appear next to any line item subject to the sublimit.

Your Estimate Detail ................................................ ~

This is where the details about your lost or damaged property can be found.

(E) Description- Details describing the activity or items being estimated.

• (F) Quantity- The number of units (for example, square feet) for an item.

(G) Unit Cost- The cost of a single unit.

• (H) Replacement Cost Value (RCV) -The estimated cost of repairing a damaged item or replacing an item with a similar one. RCV is calculated by multiplying Quantity x Unit Cost.

• (I) Depreciation- Loss of value that has occurred over time due to factors such as age, wear and tear, and obsolescence. If depreciation is recoverable, the amount is shown in ( ) . If depreciation is not recoverable, the amount is shown in < >.

(J) Actual Cash Value (ACV) -The estimated value of the item or damage at the time of the loss. Generally, ACV is calculated as Replacement Cost Value (RCV) minus Depreciation.

(K) Area Totals- The total RCV, depreciation and ACV for that area.

Your Estimate Summary ............................................ ~

For each type of coverage involved in your estimate there is a summary section that shows the total estimated costs (RCV and ACV) and net claim amount for the coverage type. The example to the right depicts a Dwelling coverage summary.

• (L) Line Item Total- The sum of all the line items for that particular coverage.

• (M) Base Service Charges- Costs associated with transporting equipment, material and/or personnel to the location where the repairs are being made.

• (N) Total Replacement Cost Value -The total RCV of all items for that coverage.

• (0) Total Actual Cash Value- The total ACVofall items for that coverage.

• (P) Deductible- The amount of the loss paid by you. A deductible is generally a specified dollar amount or a percentage of your policy limit.

( Q) Net Claim -The amount payable to you after depreciation and deductible have been applied. This amount can never be greater than your coverage limit.

(R) Total Recoverable Depreciation -The total amount of depreciation you can potentially recover.

travelers.com

y

Claim Profl!ssional: Jt)lm Ot.)t"

OnL' T 0\n:r Squ:m:

JIJrtford. CT 06183 OBu~incs~: (860) 55;~9876

_ E-mail: jdoe®lr:l\'Ckrs.com

Claim Numhcr: ARCI23-I001fl

D•t• or J.os..: lfl/IIJI21lll 3:1MI P~l

Pulicy :"'iumbcr: 123456789·633~1

D•t• Completod: 10111/10 II II :50 A~ I Type of J.o..~"' Fire

Prlcol.ist: CfHA7X_OCTI

Con1ems •;+.lon.:y, Gift Cants. clc.

llcductlble

SSOO.Illl A~o.oo W'So.!MJ

IS 3:11

Poll<yLindl

S3oo.ooo.oo S3o.ooo.m S210.000.0tl

S200.tXJ/S2tlO.IXJ

~--------------------------------------------------~

~ l. Painllh.: WilliS - 1wo co.als 2. R&R Carpet

~ 3. Ca. .. h, cum:n~y. money, bank nol~-;. bullion. omd coin.s IS 3:11 4. TV ·LCD I LED·LCD 311-34 in.

Dwelling Totals: ContcnL'i Tutal'i:

Totals: t.h·ing Room

t\rea D"'~lling Tolal: Area Conl~nts Total:

Lin• lf•m SubtotaL.: S~IITII

AdjtL"ilhlent<t for Ua."'e Service Charges

·Line ltotn Total

41ID.OO SF Watb 696.00 SF Wotts & Ccili>tg 24.00 SY Flooring

-~~-<l<r Q:->TY t:l'\IT COST

480.00 SF 216.00 Sl'

1.00 EA

l.OU EA

0.63 3.0J

200.tX)

.mu.ou

Summary for Dwelling

Total Atlju!i.tmc:nts for Base Service- Charges e i\l:otorial Salos T;" @

Roplacement Cost Value 'l.e~s Depreciation

Aclual Cash Value .. ,:Loss Deductible 'if" NetCialm Q Total D~preciation

l~.ss Nun·R~:c:m't>mhlc Depredation

'.Total R~co\'crable DrJpr~iation

:-.1<1 Claim If llepr..,lalion l< Recover<d

6.350\l

216.00 SF Ceiling

116.00 sr l~oor 60.1X) l.F FJoor Peri mehn 0 96.1X-rtWatt 0

RC\' m:PRf:C. ACV

302.40 !60.48)

656.64 <110.96:>

100Jl0 (ll,Otl)

4(KUlJ (MO.!)())

959.0J 600.00 80.00

1~(59.().1 261.44

959.fl.l

600.00 80.00

1.559.().1 261.44

2-U.'>l 535.68

~00.00

32U.UU

177.60 520.00

1.297.60

777.60

SlO,OO

1.297.60

Adjustmtnt

959.0.1 222.00 35.02

$1.116.06 (188.44)

$1,027.62 (500.txl)

$527.62

188.4-l

<127.05>

61.39

$SK9.01

We encourage you to contact us if you have additional questions

regardingyour claim or anything in this guide.

For information about how the claim process works and where to

find services to help you recover, visit travelers.com/claim.

The Travelers Indemnity Company and its property casualty affiliates. One Tower Square, Hartford, CT 06183

This material is for informational purposes only. All statements herein are subject to the provisions, exclusions and conditions of the applicable policy. For an actual description of all coverages, terms and conditions, refer to the insurance policy. Coverages are subject to individual insureds meeting our underwriting qualifications and to state availability.

© 2012 The Travelers Indemnity Company. All rights reserved. Travelers and the Travelers Umbrella logo are registered trademarks ofThe Travelers Indemnity Company in the U.S. and other countries. C-26501 Rev. 10-12

.... TRAVELERSJ

SHAWNEE_ COUNTY _BOARD

Temporary Repairs

DESCRIPTION QNTY

COMMERCIAL BUILDING 1

1. (Material Only) # 10 gauge 6500.00 LF copper wire- stranded or solid 2. (Material Only) #8 gauge copper 7000.00 LF wire - stranded or solid 3. (Material Only) #12 gauge 1000.00 LF copper wire - stranded or solid 4. (Material Only) Liquid tight 400.00 LF flexible conduit, I" 5. (Material Only) Liquid tight 100.00 LF flexible conduit, 3/4" 6. Electrician - per hour 22.00 HR Validation of Labor hours incurred 7. Final Invoice for Temp Repairs 1.00 EA DL Electric

Commercial Building 1 Totals:

Totals: Temporary Repairs

RV outlet repair

DESCRIPTION

COMMERCIAL BUILDING I

8. Electrician- per hour Two weeks for two electricians 9. Backhoe loader and operator Two weeks worth of work

QNTY

160.00 HR

80.00 HR

10. Material Bid from DL Electric 1.00 EA (pricing for material in line with Xactimate)

UNIT COST RCV

6,243.14 6,243.14

6,243.14

6,243.14

UNIT COST RCV

Based on 150 year life expectancy 18% depreciation on materials ($2,899.50 worth of depreciation) II. Bid for Outlet Repair DL 1.00 EA 32,000.00 32,000.00 Electric

Commercial Building 1 Totals: 32,000.00

DEPREC. ACV

TEMP REPAIRS

TEMP REPAIRS

TEMP REPAIRS

TEMP REPAIRS

TEMP REPAIRS

TEMP REPAIRS

(0.00) 6,243.14

0.00 6,243.14

0.00 6,243.14

DEPREC. ACV

REPAIR

REPAIR

REPAIR

(2,899.50) 29,100.50

2,899.50 29,100.50

11/3/2014 Page:3

.... TRAVELERSJ

CONTINUED - RV outlet repair

DESCRIPTION QNTY UNIT COST RCV DEPREC. ACV

Totals: RV outlet repair 32,000.00 2,899.50 29,100.50

South lighting repair

DESCRIPTION QNTY UNIT COST RCV DEPREC. ACV

COMMERCIAL BUILDING I

12. (Material Only) #10 gauge 1950.00 LF LIGHTING copper wire - stranded or solid 13. (Material Only) #12 gauge 35.00 LF LIGHTING copper wire - stranded or solid 14. Electrician- per hour 12.50 HR LIGHTING

Electrician labor 15. Electrician- per hour 8.00 HR LIGHTING

Supervisor labor 16. Trackhoe/excavator and 12.50 HR LIGHTING operator Allowance to bore to repair wires one and half day 17. (Material Only) Rigid conduit, 10.00 LF LIGHTING 1" 18. ELECTRICAL 1.00 EA LIGHTING

Mise connectors, nuts, straps, etc. 19. South Lighting Repair DL 1.00 EA 4,169.09 4,169.09 (0.00) 4,169.09 Electric

Commercial Building 1 Totals: 4,169.09 0.00 4,169.09

Totals: South lighting repair 4,169.09 0.00 4,169.09

Area Commercial Building 1 Total: 42,412.23 2,899.50 39,512.73

Line Item Totals: SHAWNEE_ COUNTY _BOARD 42,412.23 2,899.50 39,512.73

11/3/2014 Page:4

..... TRAVELERSJ

Line Item Total

Replacement Cost Value Less Depreciation

Actual Cash Value

Less Deductible

Net Claim

Total Recoverable Depreciation

Net Claim if Depreciation is Recovered

Summary for Commercial Building 1

Bern Bounsom

Claim Representative

11/3/2014

42,412.23

$42,412.23

(2,899.50)

$39,512.73

(I 0,000.00)

$29,512.73

2,899.50

$32,412.23

Page: 5

Property

Recoverable Depreciation

You are receiving this fact sheet because your Travelers estimate includes a deduction for "depreciation" on certain items. Your Property Claim Guide provides answers to several frequently asked questions on the topic of depreciation. This fact sheet is intended to explain what depreciation is and how to submit a request to be reimbursed for the depreciated items.

Understanding Depreciation

Your home and most of its contents, such as your television, your washing machine and even your roof, lose value over time due to factors such as age, wear and tear, and obsolescence. This loss in value is commonly known as "depreciation." Travelers may withhold depreciation on certain items from your initial claim payment. However, if you have Replacement Cost Coverage, you can recover the withheld depreciation amount once you have repaired and/or replaced the items in question, and you have provided us with all of the applicable documentation.

Calculating Depreciation

We typically calculate depreciation by evaluating an item's replacement cost value (i.e., the current cost of repairing the item or replacing it with a similar one) and its life expectancy (i.e., the item's average expected lifespan).

For example, let's say you lost a 37-inch LCD television in a house fire. You bought the television four years ago and it was in good condition before the fire. A similar television is sold in stores today for $1,000 (the replacement cost value). This television has a life expectancy of 10 years, meaning it loses 10% of its value each year. Because your television was four years old, it had lost 40% of its value before being destroyed by the fire. Therefore, the actual cash value (i.e., the value at the time of the loss) of your television is $600. Here is the calculation:

Cost of New

TV Today

$1,000

(Replacement

Cost Value)

40% Depreciation or $400

(4 Years x 10% per Year)

Value of

Your TV

$600

(Actual Cash

Value)

This calculation technique also applies to the structural components of your house, such as the roof. If your house has a 25-year composition shingle roof, it would depreciate at 4% a year under normal conditions. If the roof is 10 years old at the time of your loss and it requires replacement, we would subtract 40% depreciation (1 0 years x 4% a year) from your replacement estimate to determine the

actual cash value of your roof.

Please keep in mind the condition of an item may also factor into the depreciation calculation.

Understanding Your Travelers Estimate

The estimate provided by your Travelers claim representative outlines your initial claim payment based on the actual cash value of your property, less your deductible.

The estimate notes the "Total Recoverable Depreciation." This is the amount Travelers deducted from your claim payment for depreciation. In the example above referencing your television, the total recoverable depreciation is $400.

Replacement Cost Value Less Depreciation

Actual Cash Value Less Deductible

Net Claim

$1,000 (400)

$600 (500)

$100

Total Recoverable Depreciation $400

Net Claim If Depreciation Is Recovered $500

If your homeowners' policy includes Replacement Cost Coverage, you can submit a request to us to recover the withheld depreciation amount after you repair or replace the damaged item. However, you can only

>>>

recover the cost you actually incur in repairing or replacing the damaged item, and the recovered amount cannot exceed the replacement cost value. For instance, in our earlier example we determined the replacement cost value of your television was $1 ,000. If you purchase a replacement television for $900 and submit a request for the recoverable depreciation, Travelers will reimburse you $300-the difference between the actual cash value of your previous television ($600) and the cost of your new one ($900).

Submitting a Request for Recoverable Depreciation

Here are the steps you should take to recover depreciation that was withheld from your claim payment:

• Repair or replace the lost or damaged item(s). • Save all invoices, signed contracts and receipts

associated with the repair or replacement of your property.

• Submit all invoices, signed contracts and receipts to your Travelers claim representative.

- Specify in writing at the top of each receipt or invoice which items were replaced and/or what work was completed.

- Provide either the original documents or legible copies to the Travelers clai'm representative, and remember to keep copies for your files.

- Submit the documentation at any time during the claim process.

- Include your Travelers claim number on all correspondence.

Once your request for reimbursement is received, your claim representative will review it and follow up with you to discuss next steps.

Frequently Asked Questions

Q: How do you determine the life expectancy of my property?

A: We use estimating software that relies on data from many reputable sources, including guides published by the U.S. government and the National Association of Home Builders. The information in these guides

~

is widely used in the industry and is composed of relevant data from manufacturers, retailers, installers, contractors, insurance companies, home inspectors, etc.

Q: Are there deadlines I must meet to receive the recoverable depreciation?

A: Yes. Please review your policy for specific details. In most instances, you must notify your claim representative of your intent to recover this depreciation within 1 80 days of the date of loss. Your claim representative will then provide you with information regarding repair or replacement deadlines and requirements specific to your state.

Q: What if I decide to buy a more expensive item to replace the one I lost?

A: You may purchase a more expensive item to replace the one you lost, but we can only reimburse you for the cost of an item similar to the one that was lost or damaged.

In the previous example, we determined the actual cash value of your 37-inch LCD television was $600, and the cost of a similar television is $1 ,000. If you purchase a 46-inch television for $1,500 and submit a request for recoverable depreciation, you will be reimbursed $400 -the recoverable depreciation on your original television. The recoverable depreciation, along with any applicable deductible, will then factor into the calculation of your net claim.

The same principle applies to other household items as well as the structural components in your home, such as cabinets and countertops.

Q: What if I decide not to repair or replace my damaged items?

A: This decision is entirely yours. If you do not repair or replace the damaged items, you will not be able to submit a request for the recoverable depreciation.

If you have any additional questions regarding recoverable depreciation or any other aspect of your claim, please contact your Travelers claim representative.

TRAVELERSJ The Travelers Indemnity Company and its property casualty affiliates One Tower Square Hartford, CT 06183

This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy or bond issued by Travelers. It is not a representation that coverage does or does not exist for any particular claim or loss under any such policy or bond. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy or bond provisions, and any applicable law. Availability of coverage referenced in this document can depend on underwriting qualifications and state regulations.

travelers.com © 2010 The Travelers Indemnity Company. All rights reserved. C-25871-DEP Rev. 11-10

Memorandum

To: Robert E. Archer, Chairman, Shawnee County Commission Kevin J. Cook, Vice Chair, Shawnee County Commissioner Shelly Buhler, Chair, Shawnee County Commission Rich Eckert, Shawnee County Counselor/Contract Administrator Betty Greiner, Director, SNCO Audit~Wa~ce

From: H.R. Cook, General Manager ~

Re:

RoyMi~rations

Capital Expenditure Requests for November 2014

Date: November 19, 2014

Please add these requests to the Shawnee County Commission agenda on Monday, November 24, 2014.

Capital Expenditure Requests for November

• Deductible on insurance claim for the theft of copper wire - This request is for the sum of $10,000.00 to be paid to Shawnee County, KS for the deductible on the insurance claim for the copper wire theft from RV hookups and light poles on the property of the Kansas Expocentre.

• Replace one Hydraulic Cylinder on the Kaiser Drag- The Kaiser Drag is the newer of the two devices we pull behind the tractor to groom the performance dirt in the livestock facilities. Just prior to two weekends of rodeo events one of the cylinders began leaking so bad the cylinder would not lift or lower the drag as needed to groom the dirt. KanEquip found the cylinder seals were bad and that kits were no longer available. It turns out that John Deere manufactured a hydraulic cylinder with exactly the same cylinder that we needed. They ordered, received and installed the new cylinder in order to make the drag usable for both rodeo events. Please consider this request to reimburse KanEquip the amount of $573.85 for this repair.

• Installation of new key switch, new alternator bracket and a new fan drive on the Hyster Fork truck - After experiencing some issues with the Hyster running rough we called Sellers Equipment to take a look. They found multiple issues with the forklift. The ignition switch was worn and causing connection issues, the alternator bracket was bent causing premature wear on the fan belt and the fan drive bearings were worn badly enough to cause vibration in the motor. Sellers secured the new parts, installed them and

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

we returned the forklift to service. Please consider this request to pay Sellers Equipment the sum of $980.77 for their work.

• Two Horns for Daktronics scoreboards in Landon Arena - The horns that signal the end of periods, time-outs, etc. which are mounted on the scoreboards in the arena both failed on us in the past few weeks. We were able to get new ones shipped in and our electrician was able to get them installed before the KSHSAA Volleyball finals. Please consider this request for reimbursement of $1,241.03 for the purchase of two scoreboard horns and one horn interface for the controller for the Daktronics scoreboards in Landon Arena.

• Service calls for Ice Plant - This request is for continued service calls for the ice plant during start-ups for the first and second ice sheets we built this year. The plant had multiple ongoing issues including stuck thermal expansion valves, failure of a flow switch on the glycol loop, glycol loop needed additional glycol and the purchase of a new TXV for our inventory. The thermal expansion valves have since been replaced. All of these issues were found during the ice making process and had to be dealt with quickly. Please consider this request to pay PCI Mechanical the sum of $4,401.32.

• Purchase 20 new Motorola radios - This request is for approval to purchase 20 new digital and analog capable UHF radios to replace a like number of radios that are either no longer supported, or will soon be without support, with parts by Motorola. Our net gain on radios would be 10, but 9 additional radios fall into the category of no longer having support for new parts after December 31 2014. We have received two bids for this purchase, and they came in as follows:

TBS Electronics TFMComm

$15,621.00 $15,157.60

Both bids reflect an allowance for the trade in of old, non-functioning radios in the amount of $1,250.00 per 10 radios turned in. We only have 14 such radios and each vendor is willing to provide 6 such radios to allow for a $2,500.00 credit for trade-ins, which, again, is reflected in the bid. This offer is only good through December 31, 2014, and we hope to take advantage of this promotion. The bid from TFMComm is the lowest bid and we would like to submit a request for approval of the $15,157.60 to purchase 20 new Motorola radios.

In order to preserve a larger balance in the Kansas Expocentre Capital Expenditure Fund through the end of the year, these radios will not be ordered until mid-December so the invoice will not be due until mid-January 2015.

The Kansas Expocentre Capital Expenditure Fund has a balance of $42,715.54 at this time. These requests come to a total not-to-exceed the amount of $32,354.57. Approval of all these items would leave the fund with a balance of no less than $10,360.97. Kansas Expocentre Capital Expenditure Fund committee members Mary Thomas and Matt Fletcher have reviewed and approved these requests.

Shawnee County

Sheriff's Office Sheriff Herman T. Jones Law Enforcement Center

320 S. KANSAS, SUITE 200 TOPEKA, KANSAS 66603-3641

785-251-2200

MEMORANDUM

November 18, 2014

TO: Board of County Commissioners

FR: Herman T. Jones

RE: Maintenance Agreement

We are renewing our Maintenance Agreement for the MSP Project with New World Systems, for the period of 12/1/14 - 11/30/15. The total cost will be $310,171.00, and we will use budget funds for this expense. This maintenance agreement is shared as follows:

Shawnee County Sheriff's Office Shawnee County Dept. of Corrections The City of Topeka (Police & Fire Dept.)

$156,326.00 $ 28,846.00 $124.999.00 $310,171.00

The Sheriff's Office will pay New World Systems for the total of $310,171.00. We have collected payments from the Department of Corrections and the City of Topeka, which will be credited to our budget, therefore the total expense to the Sheriff's Office is $156,326.00.

Please place this on the Monday, November 24, 2014 consent agenda.

Since,y,, /

~~elf, ............... Herman T. J es Shawnee ounty Sheriff

iJ1 New World Systems" The Puhlic Sector Software Company

888 W. Big Beaver #600 Troy, MI 48084

(248) 269-1000

Ms. Diana Kobs Shawnee County, KS (Aeqis) 320 s. Kansas Ave. Topeka, KS 66603 United States

Subscription billing per the contract executed 12/20/2012

Subscription 12/1/14-11/30/15

Invoice Total

BI010.rpt

oece•ven U, NOV I 7 201~ u

Invoice Number 038894

Invoice Date November 01, 2014

PO Number Contract 12/20/2012

Project SHA1018-C-12-02-U-01

Page 1 of 1

Current

Amount

310,171.00

310,171.00

November 17, 2014

Shawnee County

Sheriff's Office Sheriff Herman T. Jones Law Enforcement Center

320 S. KANSAS, SUITE 200 TOPEKA, KANSAS 66603-3641

785-251-2200

MEMORANDUM

TO: Board of County Commissioners

FR: Herman T. Jones

RE: AT&T Maintenance

We will be renewing our on-site . Maintenance Agreement with AT&T for the Sentinel Patriot 911 Phone System. The contract period is from 2/8/14 to 2/8/15, and the payment of $24,500.00 will be made with 911 funds.

Please place this on the Monday, November 24, 2014 consent agenda.

Sincerely,

~~z~ Shawnee County Sheriff

~at&t Monthly Statement

Bill-A t-A-Giance

Previous Bill .00

SHAWNEE COUNTY911 LANCE ROYER AUDIT-FINANCE OFFICE 200 E 7, RM 201 TOPEKA KS 66603 • 3933

Page Account Number

Billing Date

Web Site att.com

rtfhn No text is worth a life. • Take the pledge at itcanwait.com

Plans and Services

Additions and Changes to Service

P.::.:a_!_y.:_:m.:_:ec.:.n.:_:t ________ . ___ . __ .. _____________ . oo __ _ This section of your bill reflects charges and credits resulting from account activity. Item Adjustm.:.:ec:..:n:..::ts:......... _______ _ --------=-·00

Balance ----·-··----·----------· . 00---

Current Charges 24,500.QO

Total Amount .Due $24,~00~00

Amount Due in Full By

FINAL BILL

Billing Summary

Billing Questions? Visit att.com/billihg Page

Plans and Services Payment Arrangements:

1 BOO 924-1743

Total Current Charges

i t' i. .....

News You Can Use Summary

• COLLECTION POLICY See "News You Can Use' for additional information

!eturn bottom portion with your check in the enclosed envelope.

Dec 4, 2014

24,500.00

24,500.00

No .. Description · Activity on Nov 4, 2014

Monthly Quantity Rate

Amount Billed

1. ANNUAL911 CASSIDIAN MAINTENANCE 2-B-14 TO 2-8-15

24,500.00

Taxes 2. Federal 3. State and Local

Total Taxes

;00 .00 .00

Total Plans and Services 24,500.00

News You Can Use

COLLECTION POLICY If your final balance remains unpaid after the DUE BY date, it may become necessary to send your account for further collection activity. You may be held responsible for fees associated with the collection efforts, including outside collection agency fees, except for attorney fees, as permitted by law. If you have any questions, please contact us atthe toll-free number on your bill. AT&T appreciates your business and we look forward to doing business with you in the future.

local Services provided by AT&T Arkansas, AT&T Kansas, AT&T Missr;~uri, AT&T Oklahoma, 11r AT&T Texas based upon the service address !~;~cation.

GO_ GREEN- Enr~;~ll in paperless billing.

DATE:

TO:

FROM:

RE:

Shawnee County ]) I DEPARTMENT OF HUMAN RESOURCES

Jon Thurn mel, Director 200 SE ih, Room 8-28 Topeka,Kansas 66603 Phone: (785) 251-4435

Fax (785) 251-4901, WNW.snco.us

MEMORANDUM

November 17, 2014

Board of County Commissioners

Jon P. Thummel, Director {

AFSCME 2015 Memorandum ofUnderstanding

Please place this item on your agenda on the November 24, 2014.

Attached is the 2015 AFSCME Amendment to the Memorandum of Understanding. This agreement covers approximately 85 employees of the Solid Waste Department. The highlights of the changes are as follows:

Section 10. Created a section for an efficient process of staffing the Household Hazardous Waste events with qualified, trained personnel. This section also defines how employees get on the list, length of time the employee must stay on the list and how to be removed from the list. It also provides an incentive for working the Household Hazardous Waste events.

Section 14. Further defined and clarified the terms for using sick leave.

Section 16. Currently, we have been recruiting for mechanics for Solid Waste for over six (6) months. Potential employees are earning more at other employment opportunities so we have been unable recruit candidates. This agreement removes the differentiation between Mechanics, Certified Mechanics and Auto Maintenance. Certified Mechanic positions and Auto Maintenance positions will be reclassified to Mechanics. Going forward, we will reward employees for achieving and maintaining certifications. Furthermore, there is a significant base wage increase for Mechanics. We believe this will enable us to become more competitive in the marketplace. All employees will receive one (1) step on the first day of the first pay period, if they were due one (1) in ~ayroll year 2014, and one (1) step on their anniversary date. The language regarding the 27t pay period is included in this Memorandum or Understanding as well. Keep in mind that after the first two (2) steps, there is only $.15 between each step. This is commensurate with other bargaining units already approved.

This Memorandum of Understanding has been ratified by the Union membership.

Shawnee County

Contract #{! '/1 '7-;loJ{

Amendment of Addendum Between

Shawnee County And

Shawnee County Refuse and Recycling Employees, Local 1294, Missouri and Kansas

Council 72, American Federation of State, County, and Municipal Employees, AFL-CIO

We, the undersigned parties have entered into a memorandum of understanding to the

Master Agreement between Shawnee County and AFSCME Local 1294. These

sections are intended to replace the corresponding sections of the current

Memorandum of Understanding Shawnee County Contract #C24-2013. The parties

agree to the following:

SECTION 10.0 HOURS OF WORK

10.1 Work Week. The pay week shall be Saturday through Friday. The pay week

shall start at 12:01 A.M. Saturday.

10.2 Route Completion. All employees in permanent status who hold a position on a

Refuse route shall be released upon completion of all assigned duties.

Management will continue the practice of soliciting help from routes that are completed

but reserves the right to assign crews to help with the completion of other routes. When

a residential route is shut down it will be divided as evenly as possible and distributed to

-1-AFSCME

each of the remaining routes without bias as to the manning levels of the remaining

routes. The route(s) that is/are divided will be added to the day's assigned duties of

each remaining route and must be completed. At the discretion of the Director,

management may divert employees from their regular duties in the shop to driving

responsibilities in order to keep all routes, or as many routes as possible operational.

All conditions within the shop and those on the routes will be considered prior to making

this decision. Every effort will be made to rotate those being diverted to help insure that

no one person is continuously being diverted.

10.3 Work Schedules Posted. Work schedules showing the employee's shift, work

days, and when crews leave for their routes, shall be posted on the Department's official

bulletin board.

Extended Leave Assignments. Management will attempt to assign the same employees

from the "extra board" to the same routes during an extended leave. Extended leave

will include, but are not limited to vacations, worker's compensation injuries, military

leave, etc.

10.4 Reporting Time.

a. All employees shall report for work, and clock in according to the schedule

posted by the Director or his/her designee. It is understood by both parties that

employees will be ready for work at their normal starting time. Employees clocking in

late will be subject to the provisions of Section 1 0.11.

b. An employee holding a position on an assigned route not clocked in by

his/her scheduled starting time will be replaced by an employee from the "extra board."

If the employee with the assigned route shows up after the replacement is made, he/she

will be reassigned as needed for that day and be paid only for hours worked and may

be subject to further disciplinary action.

c. Employees shall be allowed to clock in up to fifteen (15) minutes before

their scheduled reporting time, but shall not begin work until their scheduled reporting

time. Employees required to clock in and begin work early must have approval from a

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supervisor. Management reserves the right to change starting and ending times with

seven (7) day's notice. The starting time may be adjusted for seasonal changes or for

other reasons.

d. All requests for time off must be made to the supervisor on a

LeaveNacation Request form. An employee who must be away from work for

scheduled appointments of any kind must give their supervisor a minimum of one (1)

day's advance notice and may take the entire day off. Employees who are provided

less than one (1) day notice for medical appointments shall notify their supervisor before

the next scheduled business day or as soon as practical. An employee taking the day

for scheduled appointments may be required to bring proper documentation. An

employee who must attend a scheduled appointment required through Worker's

Compensation or other County or Departmental requirements is also required to notify

the supervisor one (1) day in advance. Management retains the right to allow an

employee with proper documentation to come to work before or after a scheduled

appointment to work on the extra board for hours worked.

10.5 Rest Periods. All employee work schedules shall provide for a fifteen (15) minute

rest period during each one-half shift, and should be taken during each one-half shift.

Lunch and rest periods will be mandatory upon majority vote of the crew of any one (1)

truck.

10.6 Overtime. Time and one-half (1 1/2) will be paid for all hours over forty (40)

actually worked in a work week.

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1. Work performed on Saturday will be paid at a time and one-half

(1 1/2) rate provided the employee has worked a minimum of four

(4) days during the week. Those not working a minimum of four (4)

days during the week will be paid at a straight time rate for

Saturday work.

2. The employer shall maintain three (3) separate lists for overtime

work: one (1) for Saturday Front Loader Overtime, one (1) for

Household Hazardous Waste and one (1) for all other volunteer

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overtime for work such as NIA's. Employees shall be allowed to

sign up on voluntary overtime lists once each six (6) months during

the first two (2) full weeks of September and the first two (2) full

weeks of March in each year. Lists will be arranged in seniority

order.

3. Overtime will be offered to qualified employees on the volunteer list

within the appropriate classification and department by rotational

seniority. If overtime is offered and refused, the employee refusing

the overtime shall be moved to the end of the list as if they had

worked the overtime.

4. All overtime records consisting of overtime offered and worked as

well as overtime offered and refused shall be made available to the

Union upon request. The record of each employee's overtime

hours worked and I or refused shall be returned to zero (0) each

year on October 1 and April 1 .

5. If all volunteers refuse the overtime work, or management has less

than forty-eight (48) hours notice of the need for the overtime,

management shall have the right to assign overtime based on

inverse seniority or shall have the right to assign the overtime to

any qualified employee volunteering for the work, among the

qualified employees available.

6. Management shall provide employees with as much notice as

possible of any overtime assignment and /or opportunity.

10.7 Meal Periods. All employees shall be granted an unpaid thirty (30) minute lunch

period during each work shift. Whenever possible, the lunch period shall be scheduled

near the middle of each shift. When any employee is required to work overtime, the

employee shall be entitled to a thirty (30) minute rest period for a meal if the overtime

period is to exceed four (4) hours. Provided, however, the employer may provide a paid

lunch to the employee who is required to work overtime, if the employer determines that

the employee's work cannot be interrupted for a meal break. The employee shall be

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entitled under these circumstances to only enough time to eat lunch. Whenever

possible the rest period shall be scheduled near the middle of the shift.

10.8 Clean-up Time. Employees shall be granted a fifteen (15) minute personal

clean-up prior to the end of each work shift. Work schedules shall be arranged so

employees may take advantage of this provision. The Employer shall maintain the

facilities for personal clean-up.

10.9 Call-Back I Call-In Time.

a. Call-Back Time. Any employee who has completed their regular shift, left

the premises and is called back on the same calendar day shall be paid a minimum of

four (4) hours at one and one-half (1 1/2) times their regular pay for all hours so worked.

b. Call-In Time. Any employee who is called in prior to the start of their shift

and who actually reports to work as a result of this call-in (with the exemption of extra

board employees) shall receive two (2) hours of call-in pay at their regular rate of pay.

10.10 Breakdown Time. Where there is a breakdown of at least one (1) hour and a

mechanic is called out, the crew of that truck shall be paid straight time for all work over

their regular work day if such overtime is caused by the breakdown. Provided, however,

all hours in excess of forty (40) hours actually worked in a work week will be paid at the

overtime rate.

1 0.11 Notification of Lateness or Absence. If an employee will be late or absent the

employee shall call the Department's main telephone number before their scheduled

starting time. Employees leaving a voice mail must call back and talk to a supervisor

before 10:00 a.m.

a. No Show. An employee who does not show for work will be counted as

an unexcused absence and shall be required to take it as a day without pay. This

unexcused absence will be subject to the disciplinary procedures outlined in Section 20.

Employees who report to work more than forty five (45) minutes late without prior

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notification to designated management/supervisor as discussed in section b. below will

be counted as an unexcused absence.

b. An employee who is up to forty five (45) minutes late will be considered

tardy and shall be subject to the actions below. Employees who are going to be more

than forty five (45) minutes late, but notify designated management/supervisor prior to

expiration of the forty five (45) minute late period, and then subsequently report to work,

will not be counted as absent. This notification must be directly to the designated

management/supervisor on duty, and not left on the answering machine, unless the

employee's shift starts at or earlier than 5:30 A.M. Those employees will be subject to

discipline as shown below.

FIRST TIME LATE

Report to work, for assignment be paid for "hours worked," and receive an official

documented verbal reprimand.

SECOND TIME LATE

Report to work, for assignment, be paid for "hours worked," and receive a written

reprimand. A copy of the written reprimand shall be given to the employee's Union

representative. The Union shall discuss the tardiness with the employee and the

Employer and make a good faith effort to correct the tardiness.

THIRD TIME LATE

Suspension for three (3) days.

ANY ADDITIONAL TIMES LATE

Discipline at the discretion of the Director up to and including termination.

Tardiness is viewed as cumulative in nature. For example: If an employee is tardy for

the first time in the previous four (4) months, it will be considered their first time late. If

they are tardy again within four (4) months from their first time late it will be considered

their second time late. If they are tardy again within four (4) months from their second

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time late it will be considered their third time late. In order for an employee to "cleanse"

their tardiness record it will be necessary for the employee to avoid any tardiness for a

period of four (4) months.

c. The Director may waive disciplinary action in subparagraph (a) and (b)

above in the event the employee provides reasonable justification. The employee must

provide the reasonable justification in writing and no later than the close of business the

day following the no show or tardiness. The Director retains sole discretion in waiving

discipline on a case-by-case basis.

10.12 Minimum Assigned Work Hours. Any employee who is scheduled for work and is

present for work as scheduled shall be assigned to at least two (2) hours of work.

10.13 Testing and Re-certification Pay. All testing for certification or re-certification will

be done in paid status at the employee's regular rate of pay. All approved educational

classes pertaining to job duties shall be in pay status at the Employer's expense.

10.14 Commercial Driver's License Difference Pay. The County will pay the difference

between renewing a Commercial Driver's License and a regular license for those

employees that are required to have a Commercial Driver's License.

10.15 Household Hazardous Waste Program. The parties agree that it is in the best

interest of the public and the employees to have trained employees working Household

Hazardous Waste events.

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a) Each employee desiring to be qualified for Household Hazardous Waste

events shall attend the required training. All cost associated with the training

shall be paid by the Employer. Employees that are qualified must agree to be

on the list for a minimum of four (4) years.

b) All qualified employees shall be placed on a list in order of department

seniority.

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c) The Employer shall decide the number of employees that will be required to

work the event.

d) Each qualified employee must work at least two (2) events from January

through June and two (2) events July through December, or as otherwise

deemed unnecessary by the Employer. Employees failing to work the

required events shall be removed from the list and authorize the County to

deduct one hundred dollars ($100) from their next check as partial

reimbursement for training expenses.

e) Overtime will be assigned as stated in the overtime section of this agreement.

f) The assigned employee list shall be posted five (5) days prior to the event.

g) Employees thus assigned and fail to work shall have an unexcused absence

unless excused by the Employer.

h) Employees working the entirety of the assigned event shall receive their

overtime rate plus two dollars ($2) per hour for all hours worked. Employees

failing to complete the entirety of the event shall forfeit any premium pay and

shall be paid at the appropriate rate if and only if they actually work over forty

hours for the work week.

i) Employees may remove themselves from the qualified employee list by

request and approval by the Director of Solid Waste.

j) Untrained employees shall receive $0.50 per hour for working the Household

Hazardous Waste Event.

SECTION 14.0

SICK LEAVE

14.1 General. Full-time employees will receive four (4) hours sick leave per two (2)

week pay period with no limitation as to the number of hours accumulated. Benefit

eligible employees working less than eighty (80) hours in a pay period shall receive a

pro rata share of sick leave hours.

Any employee contracting or incurring any sickness or disability which renders such

employee unable to perform the duties of his/her employment shall be entitled to

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receive sick leave with pay provided such sick leave shall be previously accumulated.

Employees are responsible for managing their own time. Employees shall not be

disciplined for legitimate use of sick leave.

Any employee who calls in sick the day before or the day following vacation, a holiday

or on the double day, shall be required to provide an original health care provider's

statement prior to returning to work or the day will be considered unexcused without

pay. Faxed proof from the health care provider, on the health care provider's

letterhead, will be accepted upon return to work or until the next scheduled work day, at

which time the original must be produced. If the employee fails to provide the

statement, the sick day(s) will be converted to unexcused leave without pay and be

subject to progressive discipline as outlined in Section 20. Employees shall not be

granted sick leave to attend non-emergency scheduled appointments during holiday

weeks.

If an employee calls in sick and does not have enough sick leave to cover the absence,

the employee shall be placed in leave without pay status-and may be subject to the

steps of following discipline-as outlined in Section 20 Discipline and Discharge starting

with a written reprimand.

Vacation shall not be substituted for sick leave and sick leave shall not be substituted

for vacation leave without the Employer's approval.

14.2 Sick Leave Requiring Medical Attention. Any employee who is absent for more

than two (2) consecutive work days shall be required to provide the Director or his/her

designee with a medical report from a treating health care provider showing that the

employee has been treated and released to work prior to the start of the shift. Failure to

provide a health care provider's statement as required shall result in the employee

being denied return to work and shall subject the employee to discipline as outlined in

Section 20.

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14.3 Retirement Sick Leave Pay. Upon retirement, any employee who has

accumulated eight hundred (800) hours of sick leave or more shall receive pay for the

equivalent of 35% of the unused sick leave at the employee's current rate of pay.

14.4 Sick Leave Misuse and Medical Statements. The Employer may, in case of

suspected misuse, require that an employee requesting use of sick leave submit a

medical statement from the attending health care provider or designated person

licensed to practice medicine. Unless otherwise specified in this Agreement, sick leave

shall be granted only for the necessary absence from duty because of the personal

illness of the employee or verified doctor or dental appointments.

14.5 Sick Leave Misuse and Discipline. Any employee whose use of sick leave which

indicates misuse in the judgment of the Employer shall be so notified in writing with a

copy going to the employee's Union representative. This written notice shall remain in

effect for twelve (12) months from the date of the last misuse occurrence that gave rise

to the Employer's decision to issue the written notice. The Union representative shall

discuss the indicated misuse with the employee and Employer and make a good faith

effort to correct the indicated misuse. If the employee's use of sick leave subsequently

continues to indicate misuse, the employee shall be subject to the discipline and

discharge measures specified in Section 20.0 of this Agreement.

14.6 Family Sick Leave. During any calendar year, an employee may use up to eighty

(80) hours of his or her available sick leave to provide for the care of a member of the

immediate family who is ill. Upon return to work, the employee will complete a form,

provided by the Emplqyer, to designate the used sick leave as family illness leave.

14.7 Sick Leave Sellback. Any employee who accumulates at least ninety-four (94)

hours of sick leave in a calendar year may elect to be paid for up to eight (8) hours of

accumulated sick leave at the employee's current rate of pay. Request for such

payment must be made in writing by the employee to the Appointing Authority during

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the last payroll period of the year and shall be paid during the first payroll period of the

succeeding year.

14.8 Leave Bonus Plan. Employees shall be granted one day of leave for each

calendar quarter of perfect attendance (no use of sick leave or leave without pay

military leave without pay excluded). The employee shall be responsible for requesting

the additional day earned in writing to the Appointing Authority through the employee's

supervisor within one (1) month after earning the leave and utilizing the day within next

calendar quarter. If not utilized within that time period, the day will be forfeited. The

employee shall submit his/her request for use and approval of perfect attendance leave

on the required form or in a manner suitable to the Appointing Authority.

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SECTION 16.0

WAGES

16.1 Pay Scale. Beginning with the first day of pay period 1 of payroll year 2015

employees shall be paid in accordance with the attached pay schedule labeled 2015.

For payroll year 2015, eligible employees shall advance one (1) step on the first day of

the first payroll period of 2015 until the top of the scale is reached. The intent of the

parties is to "make up" the step from 2014. Employees that would have been eligible for

a step increase in 2014 would receive this step. Employees shall advance one (1) step

on the employee's anniversary date until the top of the scale is reached. Due to the 2ih

pay period in 2015, if an employee's anniversary date occurs two (2) times during the

payroll year, the employee shall only receive one (1) step increase which will be given

on the first occurrence of their anniversary date.

Effective the pay period following approval of this amendment, for the remainder of

payroll year 2015, each bargaining unit member shall receive two (2) additional

personal leave days to be used in accordance with Section 12.4.

16.2 Initial Hire. All new hires shall be paid on step one of the appropriate range of

this contract.

16.3 Initial Hire Probationary Period. Employees will receive a step at the end of initial

hire probationary period.

16.4 Promotions. Any employee receiving a promotion shall be paid at the same step

in the new range as they occupy on the effective date of the promotion. The effective

date of the promotion shall NOT establish a new anniversary date. The employee is

subject to a sixty (60) day probationary period.

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16.5 Promotional Probationary Periods. After successful completion of the

promotional probationary period, the employee shall NOT move on the salary scale.

16.6 Demotion. Any employee demoting shall move to the new range on their current

step with a corresponding reduction in salary. The effective date of the demotion shall

NOT establish a new anniversary date. No employee shall be allowed to promote,

demote, transfer or bid (excludes shift bid) on any position for ninety (90) days after the

effective date of the demotion.

16.7 Transfers. Any employee transferring shall be placed on the wage scale on their

current step. The transfer does not establish a new anniversary date.

16.8 Pay Differential. Truck Drivers assigned to the extra-board shall be entitled to

the following additional pay for all hours actually operating the following specialized

vehicles:

Roll-off $.25

Front-Load $.35

Side Load $.50

Mechanics (Job Code 66080) that have achieved and maintain the following

certifications shall entitled to an additional one dollar ($1) per hour for all hours actually

worked:

Automobile and Light Truck

Medium-Heavy Truck Certification

Truck Equipment Certification

Electronic Diesel Engine Diagnosis Specialist

Advanced Engine Performance Specialist

It is the responsibility of the employee to provide the Employer with proper

documentation of the certification and to maintain certification. If certification is lost, the

employee shall notify the Employer on the next business day following notification. If

the employee fails to notify the Employer, the employer shall be eRtitled to deduct from

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the next paycheck all monies paid in error. The employee shall also be subject to

discipline up to and including termination. The parties agree to update the above

certification tests if and when the certification agency updates their certifications.

On the first day of first pay period of payroll year 2015, the PCN SW1009 and

SW1 049 shall be reclassified to job code 66080. The parties agree that this paragraph

shall automatically be removed from all successive agreements.

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Range Assignments

Job Code 66080 66150 76011 76015 76050 76130 76131 76132 76170 76171

Step 1 202 11.16 203 12.52 204 12.52 205 12.78 206 12.88 207 13.03 208 15.00

17 202 14.46 203 15.57 204 15.82 205 16.08 206 16.18 207 16.33 208 18.30

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Range 208 204 202 202 205 204 206 207 204 203

2 11.81 12.92 13.17 13.43 13.53 13.68 15.65

18 14.61 15.72 15.97 16.23 16.33 16.48 18.45

Title Mechanic-Refuse Welder-Refuse Collector HHWSpec Roll-Off Truck Driver Truck Driver Front Load Truck Driver Side Load Truck Driver Comm. Container Maint Res. Container Maint

3 4 5 12.36 12.51 12.66 13.47 13.62 13.77 13.72 13.87 14.02 13.98 14.13 14.28 14.08 14.23 14.38 14.23 14.38 14.53 16.20 16.35 16.50

19 20 21 14.76 14.91 15.06 15.87 16.02 16.17 16.12 16.27 16.42 16.38 16.53 16.68 16.48 16.63 16.78 16.63 16.78 16.93 18.60 18.75 18.90

6 7 12.81 12.96 13.92 14.07 14.17 14.32 14.43 14.58 14.53 14.68 14.68 14.83 16.65 16.80

22 23 15.21 15.36 16.32 16.47 16.57 16.72 16.83 16.98 16.93 17.08 17.08 17.23 19.05 19.20

8 9 10 11 12 13 14 15 16 13.11 13.26 13.41 13.56 13.71 13.86 14.01 14.16 14.31 14.22 14.37 14.52 14.67 14.82 14.97 15.12 15.27 15.42 14.47 14.62 14.77 14.92 15.07 15.22 15.37 15.52 15.67 14.73 14.88 15.03 15.18 15.33 15.48 15.63 15.78 15.93 14.83 14.98 15.13 15.28 15.43 15.58 15.73 15.88 16.03 14.98 15.13 15.28 15.43 15.58 15.73 15.88 16.03 16.18 16.95 17.10 17.25 17.40 17.55 17.70 17.85 18.00 18.15

24 25 26 27 28 29 30 31 32 15.51 15.66 15.81 15.96 16.11 16.26 16.41 16.56 16.71 16.62 16.77 16.92 17.07 17.22 17.37 17.52 17.67 17.82 16.87 17.02 17.17 17.32 17.47 17.62 17.77 17.92 18.07 17.13 17.28 17.43 17.58 17.73 17.88 18.03 18.18 18.33 17.23 17.38 17.53 17.68 17.83 17.98 18.13 18.28 18.43 17.38 17.53 17.68 17.83 17.98 18.13 18.28 . 18.43 18.58 19.35 19.50 19.65 19.80 19.95 20.01 20.25 20.40 20.55

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It is so agreed this ____ day of __________ , 2014.

FOR THE UNION

ATIEST:

Cynthia A. Beck, County Clerk

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FOR THE EMPLOYER

J6i1Thummel Human Resources Director

Tom Vlach Public Works/Solid Waste Director

SHAWNEE COUNTY, KANSAS Board of County Commissioners

Robert E. Archer, Chairman Shawnee County Commission

Kevin J. Cook, Vice-Chairman

Michelle A. Buhler, Member

Page 16

•

_,.--

Shawnee County /-:::- I Information Technology

Room 205, Courthouse

200 SE 7th Street

Topeka, Kansas 66603-3933

Memorandum

Date: November 19 1 2014

To: Board of County Commissioners

From: Pat Oblander1 Information Technology Director

Re: Information Technology Reorganization Plan

The Information Technology department is seeking approval of a department reorganization plan to become effective 11/29/2014 that would includej the reclassification of three Senior Tech Programmer positions (PCN IT1006J PCN IT1026A 1 PCN IT1007) to two Application Support\Project Manager positions (Range 84\Step 17 and Range 84\Step 16) and one Application Programming Manager position (Range 84\Step 16) respectively} the reclassification of one Network Administrator position (PCN IT1004) to Chief Network Engineer (Range 84\Step 16) 1 the addition of one new position and permission to advertise and fill (Application Developer 1) 1

the closing of one position (IT1031) 1 and the advertising and filling of one open Database Administrator position (IT1002). Permission to advertise and fill any positions that may be vacated as a result is also being requested.

As an integral part of the reorganization 1 the Information Technology department will be adopting policies and practices of agile development) whenever possible1 for new projects that are brought to the department by our customers. These practices will focus on dividing incoming projects into collections of smaller deliverables that can be developed and delivered in shorter time frames (weeks as opposed to months) by teams formed specifically for each project. This approach will create more frequent interactions with customers during the development process and allow more opportunities for feedback and suggestions at time intervals that keep both IT staff and customers better focused on smaller and more immediate goals. After several iterations through this process the entire project will be completed. Projects will be tracked and managed using Team Foundation Server 1 an Application Life Cycle management platform that is designed to be used by agile teams during the entire life cycle of a software application from concept ·to retirement but that also lends itself to general project management as well. Additional gains we expect to achieve by implementing a more formal project management platform include more accurate job costing for each project and increased return on

fax 785-291-4907 phone 785-2-J.J-8200 exl. IJO.JO

investment of staff time due to reduced technical debt that may otherwise be taken on by our department.

Other area IT organizations have adopted similar agile strategies and are reporting great success. We have also seen good results in our department with several projects that were developed using agile strategies. These include AwesomeQ 1 the Sheriff1 s Process Servers application (SPROCS) 1 and a conversion from a Parks and Recreation mainframe application to a client\server based application colloquially known as RAL.

Agile development requires committed team members and leaders that are flexible thinkers 1 that are knowledgeable in both technology issues and county workflows and business practices 1 and that are motivated and enthusiastic about being part of a high performing organization. This proposed reorganization will help insure that such people are retained in positions where they can be of the greatest value to the IT department and to the county as a whole.

Funding to support the reorganization plan is contained within the Information Technology 2014 and 2015 budgets. Expenditures made as a result of this plan will remain within the amounts previously approved by the Board during the 2014 and 2015 budget preparation cycles.

Programming Manager

Proposed Information Technology Department Organizational Structure

Project Manager

B B B B

Deputy Director

Project Manager

B B B B

Director

Senior Tech Prog/Analyst

~ I I Database

Administrator

B

Office Assistant

/ \ I

I "'

I

Chief Network Engineer

Assistant Network

Administrator

I

I PC Technician I

I PC Technician I

Telecom Manager

I PC Technician

I PC Technician

I System Support

Memorandum

Date: November 19J 2014

To: Board of County Commissioners

From: Pat OblanderJ Information Technology

Re: PDF Publishing Service Subscription

Shawnee County

Information Technology

Director~

Room 205, Courthouse

200 SE 7th Street

Topeka, Kansas 66603-3933

The Information Technology department is requesting approval to engage with lssuu.com for a

one year term to provide online PDF document publishing services. This service would allow

visitors to the county web site to view PDF documents in a format that is easier to navigate,

faster to download, and that is mobile platform friendly. Examples of PDF documents that

visitors would be able to access would include brochures, current commission agendas and

packets, and RFP notifications.

Funding to support this purchase, $ 420, is included in the Information Technology 2014 budget.

fax 785-2.91-4.907 phone 785-2.J.J-8200 exl 40.JO

Last Updated: May 29th, 2013

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Paid Services. Some portions of the Issuu Service may have fees associated with them (each, a "Paid Service"). You will have the opportunity to review and accept the fees that you will be charged before using a Paid Service. We may change fees for any portion of the Issuu Service at any time. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Free Trial. Issuu may make available a 30-day trial for a Paid Service without charge to you ("Free Trial"). You may be required to enter a Payment Method (defined below) in order to register for a Free Trial. The applicable Paid Service will automatically commence, and your Payment Method will be charged in accordance with Section 3( d), at the end of the Free Trial unless you log into your Issuu account and cancel the Paid Service before the end of the Free Trial.

You are solely responsible for paying all fees and applicable taxes associated with your Issuu Service account in a timely manner with a valid payment method. By electing to purchase or otherwise use a Paid Service, you authorize Issuu or its third party payment processors to charge the credit card or other payment method identified by you ("Payment Method"), which you represent and warrant that you are authorized to use, all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service on the date that you make the purchase.

For purchases of subscriptions to Paid Services:

Your "Subscription Billing Date" is the date when you purchase your first subscription to a Paid Service. For example, if you purchase your first subscription to a Paid Service on January lOth: (1) your Subscription Billing Date for your first monthly subscription and all other monthly subscriptions you purchase is the 1Oth of each month, (2) your Subscription Billing Date for your

first annual subscription is January 1Oth of each year, and (3) your Subscription Billing Date for all subsequent purchases of annual subscriptions will be the next soonest 1Oth monthly calendar day after your date of purchase. Your Payment Method will be charged automatically on the Subscription Billing Date all applicable fees for the next month or year, as applicable.

For any subscription to a Paid Service that you purchase after your Subscription Billing Date is established, your Payment Method will first be charged a pro-rata amount of the subscription fee for the number of days between the purchase date and the applicable Subscription Billing Date. Your Payment Method will then be charged the full periodic subscription fee for the next month or year, as applicable, on each Subscription Billing Date thereafter (or on the last day of the calendar month, if the last day of the calendar month occurs before the Subscription Billing Date for that month).

For any subscription to a Paid Service, that subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next period's (i.e., month's or year's) subscription fees to your Payment Method. We will bill the periodic subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

You acknowledge and agree that any credit card and related billing and payment information that you provide to Issuu may be shared by Issuu with companies who work on Issuu's behalf, such as payment processors or credit agencies, solely for the purpose of checking credit, effecting payment to Issuu and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If your Payment Method for any Paid Service fails or your account is past due, (i) you agree to pay all amounts due on your Issuu account upon demand, (ii) Issuu may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (iii) Issuu reserves the right to either suspend or terminate your access to one or more Issuu Services or your account with Issuu. Upon any such termination, you will remain obligated to pay all outstanding fees and charges relating to your account and your use of the Issuu Service before termination.

Any fees charged to your account are non-refundable except as expressly stated in these Terms. You agree to submit any dispute regarding any charge to your account in writing to Issuu within thirty (30) days of the charge, otherwise that dispute will be waived and the charge will be final and not subject to challenge. Refunds (if any) made pursuant to a dispute, are at the discretion of Issuu.

You are responsible for paying any governmental taxes imposed on your use of the Issuu Services, including sales, use, or value added taxes. If requested, you will promptly furnish to Issuu the applicable receipts or certificates regarding such remittances as soon as reasonably practicable. To the extent that Issuu is obligated to collect such taxes, Issuu

will charge your Payment Method or otherwise add the applicable to your billing account.

4. User Accounts

You may browse the Issuu.com website without creating an account, subject to these Terms. In order to use the full features of the Issuu Service, you must register for an account or log into the Issuu Service using your Facebook login or login to another third party social media platform that we support ("Integrated Service"). Your use of any account with an Integrated Service is subject to any terms, conditions, and policies, including privacy policies, ofthat Integrated Service. When you use the Issuu Service to upload, download, or purchase content or any products, services, or information from Issuu, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Issuu on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify Issuu. You are solely liable for the losses incurred by Issuu or others due to any unauthorized use of your Issuu Service account.

5. Permission to Use Issuu Service

As used in these Terms: (i) "Published Content" means digital assets uploaded and published on the Issuu Service; (ii) "Pre-Publication Assets" means raw editorial content (e.g., text, images, layout information) uploaded to the Issuu Service; and (iii) "User Submissions" means Published Content and Pre-Publication Assets, collectively.

Subject to your compliance with the terms and conditions set out in these Terms, Issuu hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to: (i) use the Issuu Service to view, use and access User Submissions and other content made available via the Issuu Service; (ii) participate in any other programs, services, or features of the Issuu Service now or hereafter made available by Issuu, including uploading of your User Submissions; (iii) download and install Software on the hardware for which the Software was created to exercise the rights granted in Sections 6(i) and 6(ii); and (iv) implement any API made available by Issuu solely in accordance with that API' s documentation. Your use of the Issuu Service must be for personal, non-commercial use only, except that Users who are commercial entities, government entities, or non-profit entities may use the Issuu Service to make their Published Content available on the Issuu Service, use the Service to collaborate on Pre-Publication Assets, or to integrate the Issuu Service with the User's website. For the avoidance of doubt, you are not entitled to any compensation from Issuu for any User Submissions for any reason unless otherwise specifically agreed in writing by Issuu.

You agree not to use or launch any automated system, including without limitation "robots," "spiders," and "offline readers," that accesses the Issuu Service in a manner that sends more request messages to the Issuu Service in a given period oftime than a human can reasonably produce in the same period by using a conventional web browser or otherwise

use the Issuu Service to collect or harvest any personally identifiable information or any data regarding activities on or usage of the Issuu Site.

You also agree that for any API made available by Issuu: (i) Issuu makes no representations or warranties whatsoever regarding any API or any quality of service available via any API; (ii) Issuu may restrict usage limits; (iii) you will not modify any content accessed via that API; (iv) Issuu may terminate or deprecate any service or functionality available via an API at any time without notice or liability; and (v) use of some APis may require obtaining an API key from Issuu, and Issuu may disable any key at any time without notice or liability.

Issuu reserves all rights not expressly granted in these Terms. You acknowledge that Issuu may automatically issue upgraded versions of the software and systems comprising the Issuu Service and, accordingly, may upgrade the version of the Issuu Service that you are using. Issuu reserves the right to exercise whatever lawful means it deems necessary tq prevent unauthorized use of the Issuu Service, including technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

6. User Submissions

Pre-Publication Assets. By uploading Pre-Publication Assets to the Issuu Service, you hereby grant to Issuu a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, store, transfer, display, perform, reproduce, and distribute

·your Pre-Publication Assets on the Issuu Service solely in order to enable you, and other Users specified by you, to work with those Pre-Publication Assets in the manner selected by you. You may invite non-Users to collaborate on Pre-Publication Assets, but in order to access the Pre-Publication Assets on the Service, each individual will be required to accept these Terms.

Published Content. By uploading Published Content to the Issuu Service, you hereby grant to Issuu a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise use your Published Content, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Published Content through the Issuu Service. This license includes the right for Issuu to convert your Published Content to Issuu's proprietary format, or such other file formats as may be used by Issuu, and to display and make your Published Content available, in whole or in part (including excerpts), on the Issuu Service in association with other Published Content, content or advertising. Subject to the license grant to other Users below, the license granted by you to Issuu in this paragraph terminates as to a specific Published Content once you remove or delete such Published Content from the Issuu Service.

You are solely responsible for all of your User Submissions and you hereby recognize and affirm that the Issuu Service is merely providing you the means to collaborate on and make available your User Submissions. Accordingly, you shall be solely responsible for

each of your User Submissions and the consequences of uploading them. By uploading your User Submissions, you affirm, represent, and warrant that:.(l) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Issuu and Issuu's Users to use and distribute your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Issuu and these Terms; (2) your User Submissions do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your User Submissions do not contain any viruses, ad ware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Issuu Service. Violators of these third-party rights may be subject to criminal and civil liability. Issuu reserves all rights and remedies against any Users who violate these Terms.

Although Issuu has no obligation to screen, edit, or monitor any Published Content, lssuu reserves the right, and has absolute discretion, to remove, screen, edit, or qisable any User Submission at any time and for any reason without notice. In addition, although Issuu has no obligation to screen, edit, or monitor any Pre-Publication Assets, Issuu reserves the right, and has absolute discretion, to remove, screen, edit, or disable any Pre-Publication Asset at any time and for any reason, but iflssuu elects to exercise its rights with respect to a Pre-Publication Asset as set forth in this sentence for a reason other than suspected violation of criminal law, Issuu will provide email notice to you and provide you acess to a digital copy of that Pre-Publication Asset for two weeks from the date of notice.

Further, you understand that when using the Issuu Service you will be exposed to Published Content from a variety of sources, and that Issuu is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such Published Content. You further understand and acknowledge that you may be exposed to Published Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Issuu with respect thereto. Issuu does not endorse any User Submissions or any opinion, recommendation or advice expressed in any User Submission, and Issuu expressly disclaims any and all liability in connection with User Submissions. If notified by a User or a content owner of an User Submission that allegedly does not conform to these Terms, Issuu may investigate the allegation and determine in its sole discretion whether to remove the User Submission, which it reserves the right to in accordance with these Terrms. For clarity, Issuu does not permit copyright infringing activities on the Issuu Service.

7. Prohibited Conduct

YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT:

use the Issuu Service for any purpose other than to disseminate or receive original or

appropriately licensed content and to access the Issuu Service as such services are offered by Issuu;

delete the copyright or other proprietary rights markings on the Issuu Service or other Users' User Submissions;

make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Issuu Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

use the Issuu Service in violation of any local, state, national, or international law, including, ·without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions or other content;

defame, harass, abuse, threaten or defraud Users of the Issuu Service, or post, upload, or distribute any content that is unlawful or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the Issuu Service for any commercial use, it being understood that the content available on the Issuu Service is for personal, non-commercial use only;

rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms or any Materials (as defined below);

impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Issuu Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Issuu Service, or perform any other similar fraudulent activity;

hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the Issuu Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the Issuu Service, or features that enforce limitations on the use of the Issuu Service or User Submissions, or intentionally interfere with or damage operation of the Issuu Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Issuu Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

modify, adapt, translate or create derivative works based upon the Issuu Service or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or applicable law notwithstanding this limitation; or

remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), Issuu brand elements, including logos, trademarks, service marks or

other Materials displayed by Issuu in connection with the Issuu Service in any manner whatsoever, regardless of your use of the embedding functionality of the Issuu Service to display authorized content on your or other third party sites.

8. Digital Millennium Copyright Act

It is Issuu's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please-go to Issuu's DMCA Guidelines. Issuu will promptly terminate without notice any User's access to the Issuu Service if that User is determined by Issuu to be a "repeat infringer." A repeat infringer is a User who has been notified by Issuu of infringing activity violations more than twice or who has had a User Submission or any other user-submitted content removed from the Issuu Service more than twice.

9. Document Promotion

Issuu may provide you the opportunity to promote your Published Content ("Promoted Documents"). A "Promotion" is Published Content consisting of information about a Promoted Document created in part by you and in part by automated means. Each Promotion consists of a title, body text, and a thumbnail. The thumbnail is automatically created from the Promoted Document. The title and body text is entered by you. Issuu reserves the right to change how Promotions are created without notice.

Your Promotion will automatically be placed based upon the targeting parameters and maximum auction bid price specified by you, but Issuu does not make any representation, warranty, or other commitment of any kind regarding Promotions, including placement or bid price. If you wish to promote a Published Content with an adult theme, you must use the targeting options to limit the availability of that Promotion to persons who are at least 18 years of age.

In addition to the representations and warranties you make above with respect to your Promoted Documents as User Submissions, you also represent and warrant with respect to each of your Promotions that:

your Promotions adhere to community standards of decency and good taste, and comply with the United States Federal Trade Commission's "Guidelines Concerning the Use of Endorsements and Testimonials in Advertising," 16 CFR Part 255;

all statements contained in your Promotions are true, accurate and non-misleading;

you will disclose clearly and conspicuously that you have been paid or provided benefits with your Promotions and Promoted Documents if that is the case;

your Promotions and Promoted Documents do not include any personally identifiable information of third parties without such party's permission;

neither the title nor body text in any Promotion contain a URL;

the title and body text in your Promotions accurately describe or indicate the content

in the Promoted Docliment;

your Promotions do not contain content that infringes upon the rights of any third party, including its copyrights, trademarks, privacy, or publicity rights;

the title and body text in your Promotions do not reference Issuu and do not utilize any logos or trademarks of Issuu;

the title and body text in your Promotions do not contain false, misleading, fraudulent, deceptive, inaccurate or unsubstantiated claims;

your Promotions comply with any and all codes, laws, and regulations regarding advertising or promotion in your locality;

your Promotions do not insult, threaten or harass any person; and

your Promotions do not contain: (A) offensive, profane, obscene, vulgar or inappropriate language, including language describing in a negative way or attacking persons (either as a group or individually) on the basis of their race, nationality, religion, gender, or sexual orientation or any other hate speech or terroristic speech; (B) obscene, defamatory or libelous content; (C) unlawful content, including content that encourages unlawful activity; (D) sexually explicit or sexually suggestive content, including pornographic material, "adult friend finders" or dating sites with a sexual emphasis, "adult" toys or sexually explicit videos; or (E) advertisements for any of the following: alcoholic beverages, contests, raffles, or sweepstakes (please obtain written permission from Issuu before promoting contents, raffles, or sweepstakes on Issuu), firearms (including "bb" guns and paintball guns) or related products, including ammunition for such firearms, gambling websites, including online casinos and sports "books", surveillance equipment, including "spy" cameras and "bugging" devices, tobacco products, or weapons of any kind.

Issuu may reject, refuse to publish, or remove from the Issuu Service any Promotion or Promoted Document at any time for any reason, including failure to comply with these Terms or if, in Issuu's sole discretion, Issuu determines that the business model, business practice, or service promoted by the Promotion or the Promoted Document is inappropriate or contrary to the letter or spirit of these Terms. Such prohibited business practices include chain letters, fraudulent or bad-faith "get-rich-quick" or "work from home" schemes, fraudulent or bad-faith web-based colleges or universities, fraudulent or misleading subscription services, pharmaceutical products, pyramid schemes, and sites that install mal ware, spyware or other software on users' computers without their permission.

10. Third Party Software; Integrated Services and Linked Sites

Third party software may be required to use some portions of the Service (e.g., Adobe Acrobat, Adobe InDesign). You are solely responsible for obtaining licenses to any third party software that may be required to use the Service, and your installation and use of any third party software is solely at your own risk. In additon, you are solely responsible

for all fees charged by any third party in connection with your use of the Service (e.g., charges by mobile carriers).

Issuu may provide tools through the Issuu Service that enable you to export information to. Integrated Services, including through features that allow you to link your Issuu account with an account on the Integrated Service, such as Facebook or Twitter, or through implementation of third party buttons (such as "like" or "share" buttons). By using these tools, you agree that we may transfer that information to the applicable Integrated Service. In addition, the Issuu Service may include links or references to other web sites or services solely as a convenience to Users ("Linked Sites"). Issuu does not endorse any such Integrated Services or Linked Sites or the information, materials, products, or services contained on or accessible through any of them. Such third party sites and services are not under Issuu's control, and Issuu is not responsible for their use of exported information. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Issuu Service are also solely between you and such advertiser. Access and use of Integrated Services and Linked Sites, including the information, materials, products, and services on or available through them, is solely at your own risk.

11. Special Terms Regarding Apple

If you download Software from Apple, Inc.'s App Store, your use of the Software must at all times be in accordance with the Usage Rules set forth in the Apple, Inc. App Store Terms of Service. You acknowledge that these Terms are entered into solely between you and Issuu. These Terms are not intended to provide for usage rules for the Software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date that you accept the App Store Terms of Service (which you acknowledge you have had the opportunity to review). You also acknowledge and agree that: (a) if any third party claims that your possession or use of the Software infringes a third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim; (b) Apple has no responsibility for addressing any claims relating to the Software, including: (i) product liability claims; (ii) maintenance and support; (iii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iv) any claim arising under consumer protection or similar legislation; and (c) Apple and its subsidiaries are intended third-party beneficiaries ofthese Terms, and upon your acceptance ofthese Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

12. Termination; Violations.

Subject to Issuu's obligations under the last sentence of Section 6(d), you agree that Issuu, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the Issuu Service and remove and discard all or any part of your account, User profile, and any User Submission, for any reason at any time. Issuu may also in its sole discretion and at any time discontinue providing access to the Issuu Service, or any part thereof, with or without notice. You agree that any termination of your access to the Issuu Service or any account you may have or portion thereof may be effected without prior notice except as set forth in the last sentence of Section 6( d), and you agree that

Issuu will not be liable to you or any third party for any such termination, including any loss of your User Submissions. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in, addition to any other remedies Issuu may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Issuu Service, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with: (i) the Issuu Service; (ii) any term of these Terms; (iii) any policy or practice ofissuu in operating the Issuu Service; or (iv) any content or information transmitted through the Issuu Service, is to terminate these Terms and your account.

You may cancel a Paid Service at any time by navigating to your account settings within the Issuu Service and selecting the option to cancel that Paid Service. Unused fees are non-refundable and Issuu reserves the right to charge you subscription fees through the end of the subscription term that you elected. If Issuu charges you fees for the full subscription term, you will continue to have access to the cancelled Paid Service through the end of your subscription term, and these Terms will continue to apply to your use of that Paid Service.

You may terminate your Issuu Service account and these Terms at any time by navigating to your account settings within the Issuu Service and selection the option to terminate your account. Iflssuu terminates your account for your breach of these Terms, Issuu reserves the right to charge you fees through the end of your subscription term for any Paid Service you purchased prior to termination. If Issuu terminates your use of any part or all of the Issuu Service prior to the completion of your subscription period (except if such termination is a result of your breach of these Terms, in which case Issuu may terminate without liability as described in the paragraph above), your sole remedy is a pro-rata refund of the purchase price paid for any terminated Paid Service.

13. Privacy; Consent to Electronic Communications

Your privacy is important to Issuu. Issuu's Privacy Policy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to Issuu's collection, use, and disclosure of your personal information.

By registering for an Issuu Service account, you consent to receiving certain electronic communications regarding the Issuu Service from us as further described in our Privacy Policy. In addition, when you register for an account, you are automatically opted-in to receive commercial email from Issuu, which may include newsletters, announcements, and recommendations. You may opt-out of commercial email (but not system administration communications) at any time by following the instructions contained within the email, or by changing the notification settings from the "Account Settings" menu in your account. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

14. Ownership; Proprietary Rights.

The Issuu Service is owned and operated by Issuu. The visual interfaces, graphics, design,

compilation, information, computer code (including source code or object code), products, software, services, and all other elements ofthe Issuu Service provided by Issuu (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions that are provided and owned by Users, all Materials contained on the Issuu Service are the property of Issuu or its subsidiaries or affiliated companies or third-party licensors. All trademarks, service marks, and trade names are proprietary to Issuu or its affiliates or third-party licensors. Except as expressly authorized by Issuu, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Issuu reserves all rights not expressly granted in these Terms.

15. Indemnification

You agree to indemnify Issuu, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Issuu Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you in these Terms. Issuu reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Issuu, and you agree to cooperate with Issuu's defense of these claims. Upon notice of any impending claim, action or proceeding, Issuu will use reasonable efforts to notify of any indemnification obligation.

16. Disclaimer ofWarranties

ISSUU, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ISSUU OR THROUGH THE ISSUU SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES ISSUU'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE ISSUU SERVICE IS AT YOUR SOLE RISK. THE ISSUU SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER SUBMISSIONS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ISSUU SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS .OR IMPLIED. ISSUU, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER SUBMISSIONS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE ISSUU SERVICE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. ISSUU, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE

ISSUU SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE ISSUU SERVICE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

17. Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ISSUU OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE THE ISSUU SERVICE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH ISSUU OR OTHER ISSUU SERVICE USERS, EVEN IF ISSUU OR AN ISSUU AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ISSUU'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ISSUU OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ISSUU SERVICE OR YOUR INTERACTIONS WITH ISSUU OR OTHER ISSUU SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ISSUU SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN ISSUU AND RECEIVED THROUGH OR ADVERTISED ON THE ISSUU SERVICE OR RECEIVED THROUGH ANY LINKED SITES.

YOU ACKNOWLEDGE AND AGREE THAT ISSUU HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF

LIABILITY SET FORTH IN THESE TERMS, THAT THEW ARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ISSUU, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ISSUU. ISSUU WOULD NOT BE ABLE TO PROVIDE THE ISSUU SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES; REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

18. United States Export Controls

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not

. to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may r~quire a license from an agency of the United States government or written assurances by you that you will not e~port such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms are contingent on your compliance with this provision.

19. Arbitration Agreement; Governing Law

Generally. In the interest of resolving disputes between you and Issuu in the most expedient and cost effective manner, you and Issuu agree that any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Issuu are each

waiving the right to a trial by jury or to participate in a class action.

Exceptions. You and Issuu agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our rights to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court oflaw to address intellectual property infringement claims.

Arbitration. Any arbitration between you and Issuu will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") ofthe American Arbitration Association (" AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Issuu.

Arbitration Notice; Process. If you elect to seek arbitration, you must first send to Issuu, by certified mail or FedEx (signature required), a written notice of your claim addressed to: Legal Dept., Issuu, 131 Lytton Ave, Palo Alto, CA 94301, USA. Iflssuu elects to seek arbitration, it will send a written notice to the email address you provided to Issuu for your account. An arbitration notice, whether sent by you or by Issuu, must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. You and Issuu each agree to use good faith efforts to directly resolve any claim, but if we do not reach an agreement to resolve the claim within 30 days after the notice is received, you or Issuu may commence an arbitration proceeding or file a claim in small claims court. During any arbitration, the amount of any settlement offer made by Issuu or you must not be disclosed to the arbitrator. You may download or copy a form notice and a form to initiate arbitration at www.adr.org. If our dispute is finally resolved through arbitration in your favor, Issuu will pay you: (A) the amount awarded by the arbitrator, if any; (B) the last written settlement amount offered by lssuu in settlement of the dispute prior to the arbitrator's award; or (C) $1,000, whichever is highest.

Fees. If you commence arbitration in accordance with these Terms, Issuu will reimburse you for your payment of the filing fee unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place·at a location to be agreed upon in the city of your billing address provided to lssuu as part of your account registration, or, if no city was provided, in the in AAA office nearest to you, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator fmds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Issuu for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and

reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

No Class Actions. YOU AND ISSUU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Issuu agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications. If Issuu makes any future change to this arbitration provision (other than a change to the Issuu's address for notice), you may reject the change by sending us written notice within 30 days oflssuu's notice to you of the change, in which case your account with Issuu will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

Enforceability. If only Subsection (f) of this arbitration agreement provision, or the entirety of this arbitration agreement provision, is found to be unenforceable, then the entirety of this arbitration agreement provision will be void and, in that case, you and Issuu both agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Terms.

Governing Law; Venue. These Terms and any action arising out of these Terms or your use of the Service, whether interpreted in a court oflaw or in arbitration, will be governed by and construed in accordance with the laws of the State of California, without regard to conflict oflaw principles. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Issuu agree to the personal and exclusive jurisdiction in the state and federal courts in San Francisco, California.

20. Government Terms

If you use the Issuu Service in an official capacity for a federal, state or local government or government agency in the United States, the following modifications of these Terms apply solely to that official use:

Indemnification. The terms of Section 15 will apply to you only to the extent expressly permitted by your jurisdiction's laws.

Arbitration. The terms of Section 19(a)- (h) do not apply to your official use of the Service.

Governing Law. The terms of Section 19(i) will apply only to the extent expressly permitted by your jurisdiction's laws.

21. Miscellaneous

Issuu may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Issuu Service. Notice will be deemed given twenty-four hours after email is sent, unless Issuu is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if

provided by you through the Issuu Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Issuu Service is deemed given 30 days following the initial posting. The failure oflssuu to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Issuu. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Issuu without restriction. Any assignment attempted to be made in violation of these T~rms shall be void. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including Sections 1 through 3, 5, 6(c), 7(c), and 10 through 21. Heading references are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. These Terms, together with the Privacy Policy and any other agreements incorporated by reference, are the entire agreement between you and Issuu relating to the subject matter described in these Terms and will not be modified except in writing, signed by both parties, or by a change to these Terms made by Issuu as set forth above.

YOU AND ISSUU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ISSUU SERVICE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The services are offered by Issuu, Inc., located at:

Issuu 131 Lytton Ave Palo Alto CA 94301 USA

Email: [email protected].

Approved as to Legan~ 11 and Form: Date ,. rJ. ASST. CO. COUt ELOR


J. Mark Hixon, CKA, RMA

Memornndmn

To:

From:

Date:

Re:

Board of Shawnee County Commissioners /lit[)/ J. Mark Hixon, Shawnee County Appraisej"f ~

November 18,2014

Agenda Request - Fill Vacant GIS Coordinator Position

Please place the following item on the November 24,2014 BCC Agenda:

I am requesting authorization to fill the position of GIS Coordinator which will be vacated by Nick Callaghan effective December 1, 2014.

This is an essential position and there are sufficient funds in the 2014 and 2015 Appraiser's Budget.

1515 NW Saline, Suite 100- Topeka, Kansas 66618-2838- Phone (785) 233-2882- Fax (785) 291-4903

November 17, 2014


J. Mark Hixon, CKA, RMA County Appraiser

Shawnee County Board of Commissioners 200 SE ih Stt·eet Topeka, KS 66603

Dear Commissioners,

This letter is my official notification to you that my last day of work at Shawnee County will be December 12, 2014. On that day, I will retire.

While I am excited about retirement, it is also with a heavy heatt that I bring to an end my tenure here. I want to take this opp01tunity to thank you for the supp01t you have given to my depattment and me. It has been an honor and privilege to work with the best and brightest appraisal team in all the land. And I leave with the knowledge that the high quality of service to the taxpayers of Shawnee County will continue without intenuption.

Please let me know what I can do to help with the transition process. I plan to work right up until my retirement date and will be happy to help in any way I can to ensure a smooth transition.

J. Mark Hixon, CKA, RMA Shawnee County Appraiser

1515 NW Saline, Suite 100 -Topeka, Kansas 66618-2838 -Phone (785) 233-2882- Fax (785) 291-4903

&;;

DATE:

TO:

FROM:

RE:

Shawnee County DEPARTMENT OF HUMAN RESOURCES

Jon Thummel, Director 200 SE ih, Room B-28 Topeka, Kansas 66603 Phone: -(785) 251-4435

Fax (785) 251-4901 , WNW. snco. us

MEMORANDUM

November 20,2014

Board of County Commissioners

Jon P. Thummel, Director (

Appointment of Interim County Appraiser

With the resignation of Mr. Hixon, it has been the practice of the Board of County Commissioners to appoint an interim director until more formal action can be taken. With the approval of this memorandum, Mr. Steve Bauman shall be appointed as the Interim County Appraiser with a salary of $82,929.60 ($3,189.60 per pay period). This appointment shall be effective the day following Mr. Hixon's resignation.