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BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, JULY 30,2015,9:00 A.M.

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

1. Presentation regarding the progress of the comprehensive volunteer management program-Parks and Recreation.

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

I. Acknowledge receipt of correspondence from the Kansas Dept. of Health and Environment regarding permit renewal for the Bettis Asphalt and Construction, Inc.'s solid waste processor.

2. Consider authorization and execution of Contract C281-2015 with Zachary Blue, AppCon Services, Inc for online real estate data search services at a cost of $255.00 per year-Appraiser.

3. Consider aprroval of revised 20 I6 budgets for Shawnee County Community Corrections Adult Services (2" and 3rd Judicial Districts).

4. Acknowledge receipt and consider approval of the County Commission meeting minutes of May 4, 7, II, I4, IS, and 2I, 20I5-County Clerk.

5. Consider approval of an emergency vehicle permit for Kyle Soldani for emergency fire and rescue for Shawnee County/Dover Fire District #4-Emergency Management.

6. Consider approval of the following Parks and Recreation service contracts:

(a) Contract C282-2015 with Doug Rose to provide music for the Old Prairie Town's Summer Sunset concert held July 25, 20I5 for a fee of $75.00.

(b) Contract C283-2015 with Daniel Rukes to provide music for the Old Prairie Town's Summer Sunset concert held July 25, 20I5for a fee of$75.00.

(c) Contract C284-2015 with Kyle Carpenter to provide music for the Old Prairie Town's Summer Sunset concert held July 25, 20I5 for a fee of$75.00

(d) Contract C285-2015 with Steven Clark to provide live music for Holiday Happenings on December 4, 5, II, and I2, 20I5 for a fee of$750.00.

7. Acknowledge receipt of Summons in Case No. 20I5CV656-Wells Fargo Bank, N.A. vs. Board of County Commissioners of Shawnee County, Kansas, et al; and Case No. 20I5CV624-Wells Fargo Bank, N.A. vs. Board of County Commissioners of Shawnee County, Kansas, et alCounty Clerk.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

I. Consider all voucher payments.

2. Consider correction orders.

3. Consider approval ofResolution No. 2015-64 authorizing the County Clerk to destroy Corrections Orders 20 II and prior; Fish and Game reports and ledger sheets 2014 and prior; and AP invoices 2010 and prior-Commissioner Cook.

B. DISTRICT COURT- Cathy Leonhart

1. Consider approval of request to solicit "Request for Proposals" for design/build services for remodel of the Division 5 courtroom with an estimated cost not to exceed $150,000.00 and an additional $64,000.00 for necessary technology and approval of request to allocate $100,000.00 to be paid from the Capital Outlay Fund.

C. CORRECTIONS -Brian Cole

1. Consider authorization and execution of Contract C286-2015 for the repair of the emergency generator at the Jail at a cost of$28,271.18 from the contingency fund.

2. Consider authorization and execution of Contract C287-2015 with Swank Motion Pictures, Inc. to provide video presentations to inmates and juveniles without violating the individual or home performance licensing restriction in an amount of$1,942.75 for one year (November 2, 2015 through October 31, 20 16) to be paid through the offender commissary account.

D. PUBLIC WORKS/SOLID WASTE-Tom Vlach

1. Consider approval of the Project Budget for replacement of the SW 85th Street Bridge over a Tributary to the Wakarusa River at a cost of $523,900.00.

2. Consider approval of Change Order No. 1 FINAL to Contract No. C72-20 15 reflecting a decrease in an amount of$7,437.62 for the SW Glick Road over the Wakarusa River project.

E. PARKS AND RECREATION- John Knight

1. Consider approval of letters supporting the Highland Park NIA, Valley Park NIA and Central Park NIA applications for empowerment grant funding from the City of Topeka Neighborhood Relations Department, Community Development Block Grant Program for park improvements to Hill Crest Park, Big Shunga Park and Central Park.

F. AUDIT FINANCE -Betty Greiner

1. Consider approval of request to sell surplus property through Purple Wave.

2. Consider authorization and execution of Contract C288-2015 with Cochran Head Vick & Company, P.A. to perform the audit for Shawnee County and the Shawnee County Health Agency for the year ending December 31, 2015 at a cost of$94,400.00.

3. Consider approval of request to transfer the claw-back payment of$424,000.00 into a special project account for use in the upgrade of the current IFAS system to the next generation ONESolution system.

G. COUNTY COUNSELOR- Rich Eckert

1. Consider authorization and execution of Contract C289-2015 with Thomas McGee, L.C. for workers compensation administration services for a two year term beginning August 1, 2015 and ending July 31, 2017 with a minimum fee of$45,000.00.

V. ADMINISTRATIVE COMMUNICATIONS

1. Recognition of upcoming major community-wide events for the month of August-Parks and Recreation.

VI. EXECUTIVE SESSIONS

recreation July 27, 2015

TO:

FROM:

RE:

Board of Commissioners

Shawnee County !.IJ! John E. Knight, DireeG¥-{ftY Parks & Recreation r;v

Presentation - Volunteer Coordinator Accomplishments

SHAWNEE COUNTY PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR 3137 SE 29TH ST.

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

[email protected]

Board of Commissioners recognition is requested for a presentation by the Volunteer Coordinator, Olivia Mayer, regarding the progress of the comprehensive volunteer management program.

This program seeks to provide members of the community the opportunity to work with Parks & Recreation staff to maintain and enhance facilities and other aspects of the parks system. Emphasis is placed on attracting and retaining the most qualified, dependable and motivated volunteers to augment the work of the staff, thus capitalizing on efficient use of time required for training, supervising and outcome consistency.

Staff has prepared a presentation that highlights some of the achieved goals to date. The volunteer program exists for the benefit of the department and community while facilitating the achievement of a mutually beneficial relationship.

JEK/lrk

Bureau of'Naste Management Curtis State Office Building 10DD SW Jackson, Suite320 Topeka, KS 55612-1356

Eric Bettis Bettis Asphalt & Construction, Inc. PO Box 1694 Topeka, KS 66601

lkp:Jrtmenl nf!·l~:;lith & l:ndmnmcnl

July 20, 2015

RE: Permit Renewal for Permit No. 0894, for the following types of permits: Solid Waste Processor; Shawnee County

Dear Mr. Bettis:

Phone: 785-296-1600 Fax: 785-296-8909

bwm·web@kd1"1eks.gov \'i•'li'l. k d heks. govtwaste

The Department of Health and Environment is in receipt of the permit renewal fee, updated liability insurance certificate, and fmancial 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 April 30, 2015 through April 29, 2016.

All conditions, requirements and conformity with plans and specifications referred to and shown on permit 0894 remain in effect. Your continuing cooperation with the solid waste management program is appreciated.

~!2.J~ Dennis A. Degner, Ph.D., P.E. Chief, Solid Waste Permits Section

c Shawnee County Commissioners

Memorandtnn

Shawnee County OFFICE OF COUNTY APPRAISER

Steve J Bauman, RMA

To: Board of Shawnee County Commissioners

From: Steve Bauman, Shawnee County Appraiser

Date: July 23, 2015

Re: Consent Agenda Request - Shawnee County Online Real Estate Data Service

Please place the following item on the earliest convenient consent agenda:

I am requesting approval of the attached Shawnee County Online Real Estate Data Search Service Agreement.

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

RECEIVED

C~.~~,~:",":_~ c~C.~l;~\bJUN 2 6 2015 SHAWNEE COUNTY.

APPRAISER

.• ·~ ..... ~~1"'11"":\1'"''.,......,...._ ~--~ .. ,~- ..... ,

' L~ - ""- .J...iil.

SHAWNEE COUNTY ONLINE REAL ESTATE DATA SEARCH SERVICE AGREEMENT

THIS SHAWNEE COUNTY ONLINE REAL ESTATE DATA SEARCH SERVICE AGREEMENT ("Agreement") is made and entered into this 22nd day of May, 2015, 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 Zachary Blue with AppCon Services, Inc. ("Member") with its principal offices located 449 M McLean, Wichita, KS.

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:

!.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 May 15, 2015 to May 15, 2016. Payment is due on 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

5. TERMINATION

RECEIVED

JUN 2 6 2015 SHAWNEE COUNTY

APPRAISER

5.1 This Agreement shall continue from and to the dates ftrst 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

6.1 The waiver of any breach of any provision of this Agreement shall not constitute a waiver of any subsequent 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.

MEMBER

By:~U- 1~ Zachary W. Blue - AppCon Services, Inc.

Title: Chief Financial & Operating Officer

Date: 06/23/2015

Phone Number: (316) 252-8118 x.1 02

Fax Number: (316)462-5654

E .1

[email protected] -ma1 : _____________ _

SHAWNEE COUNTY, KANSAS

By:_----:-:------:---=------:-----=:---::------Kevin Cook, Chair Shawnee County Commission

Date: _____________ _

Apprc'tcn ~.!''I~' Lcganiy and Form: Datotfft2/15

~SELOR

Page 3 of3

Shawnee County Depe~rtment of Community Corrections 712 S Kansas Avenue, 3rd Floor • Topeka, Kansas 66603-3821

Adult Intensive Supervised Probation Phone: (785) 251-5401 Fax: (785) 233-8983

Juvenile Intensive Supervised Probation Juvenile Case Management

Phone: (785) 251-5400 Fax: (785) 232-3384

July 24, 2015

TO:

FROM:

RE:

MEMORANDUM

Shawnee County Board of County Commissioners--Kevin Cook, Chair

Ed O'Rear, Director~ Signatures for finalized FY2016 Adult Budget

1\ I

After receiving our original allocation letter {1/23/15) from Kansas Department of Corrections

for Shawnee County Community Corrections Adult Services (both 2nd and 3rd Judicial Districts), a

new and final award letter was released (6/22/215) for FY2016 with additional amounts for

both districts.

As explained in a recent budget presentation (7 /15/15) to the B.O.C.C., the final amount for 2nd

District total was$ 286,285.00 and the amount for Shawnee County was $1,193,674.00. On

6/29/15, we received the final award for our Behavioral Health Initiative grant in the amount of

$133,170.00.

As a result, our FY2016 adult budgets had to be revised. The complete revised budgets were

submitted to the B.O.C.C. at the 7/15/15 presentation. What is now required is Chairman

Cook's signatures to the Revised Budget Summary and Budget Narrative signature pages.

Budget Summaries of all three budgets are attached to this document.

If these revised budgets meet B.O.C.C. approval, Commission Chair Kevin Cook will need to

sign the documents.

Thank you.

For B.O.C.C. Agenda: July 30, ~015

3

Corrections

RY I rrections

Current Allocation

JISP CM PREVADMIN PREV Program Number PREV Program Number

Cells auto fill -Verify amounts against Narrative

$ 77,372.40 $ 77,372.40 $ - $ - $ -$ 25,138.11 $ 25,138 .11 $ - $ - $ -

$ 96,578.32 $ 222,204.88 $ - $ - $ -$ 37 ,788.85 $ 86 ,270.24 $ - $ - $ -

~ ~ ~ ~ 0 ICI 0 ICI ~ ICI

I I I I Cells auto fill-Verify amounts against Narrative

$ 9,515.71 I $ 10,756.89 $ - $ - $ -

$ 162.50 $ 325.00 $ - $ - $ -

$ 2,814.oo I $ 6,042.00 $ - $ - $ -

$ 9,100.00 $ 9,100.00 $ - $ - $ -

$ 1,166.00 $ 2,438 .00 $ - $ - $ -

$ 12,665.62 $ 26 ,482.66 $ - $ - $ -

$ 1,123 .20 $ 1,903.20 $ - $ - $ -

0 ~ ~ ~ 0 ICI ~ Cl ~ Cl

I I I I Cells auto fill-Verify amounts against Narrative

$ 700.00 $ 700.00 $ - $ -

-

$ 4 ,801 .16 $ 43,210.45 $ 600.00 $ 600.00 $ 1,800.00 $ 1,800.00 $ 300.00 $ 2,700.00

8,201.16 49,010.45 0.00 0.00 0.00

I I I I ~ ~110 ~~ Cl § ICII ~ 11:1

I I I I 0 ~ 0 ~ ~ ICI 3 iCI ~ ICI

nts against Narrative

I -against Narrative

Community Corrections JIAS

Commu Corrections

2015 BEHAVIORAL HEALTH BUDGET SUMMARY

AGENCY NAME

Please attach a Budget Narrative to this document

Current Allocation

PERSONNEL SECTION Cells auto fill-Verify amounts against Narrative 1A PERSONNEL CATEGORY

Salary 0.00 Benefits 0.00 TOTAL PERSONNEL SECTION 0.00

!AGENCY OPERATIONS SECTION I I cells auto fill-Verify amounts against Narrative

2A TRAVEL CATEGORY 8,000.00 2B TRAINING CATEGORY 1,500.00 2C OFFICE SETUP CATEGORY 420.00 20 GROUP SUPPLIES CATEGORY 0.00

TOTAL AGENCY OPERATIONS SECTION 9,920.00

I CONTRACTS/CLIENT SERVICES SECTION Cells auto fill-Verify amounts against Narrative

3A MENTAL HEALTH CATEGORY 19,500.00 3B SUBSTANCE ABUSE CATEGORY 2,500.00 3C SEX OFFENDER CATEGORY . 3,000.00 3D CONTRACT PERSONNEL CATEGORY 90,000.00 3E !OTHER SERVICES CATEGORY 8,250.00

TOTAL CONTRACTS/CLIENT SERVICES SECTION 123,250.00

I I TOTAL BEHAVIORAL HEALTH BUDGET SUMMARY 133,170.00

TO:

FROM:

DATE:

RE:

Shawnee County

Office of County Clerk CYNTHIA A. BECK

~ IlL 1-

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

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

MEMORANDUM

Board of County -~~missioners

Cynthia A. Beck~unty Clerk

July 27, 2015

Board of County Commission minutes

Please acknowledge receipt and consider approval of Board of County Commission meeting minutes for May 4, 7, 11, 14, 18, 21, 2015.

Thank you.

15-019 PERMIT NUMBER

Name: Kyle Soldani

Address: 2406 SW Pepperwood Cir

City: Topeka

Vehicle Make/Year GMC 12015

V.I.N.#: 3GTU2UEC6FG248425

EMERGENCY VEHICLE PERMIT

{VEHICLE COPY)

EXPIRATION DATE

County: Shawnee

ModeVStyle: Sierra I Truck

License Tag:_9=3 ...... 3 ...... G....,s ...... K...__ __ _

Purpose for which it is to be used: Emergency fire and rescue for Shawnee County I Dover Fire District #4.

The applicant named above has secured all appropriate signatures of approving officials and has agreed to abide with all applicable local, state and federal laws, which pertain to this permit. The required officials and the applicant's signatures are attached to the completed application form, which is on file with Shawnee County Emergency Management.

SHAWNEE COUNTY EMERGENCY MANAGEMENT:

\-..._---=-By:_/~

SHAWNEE COUNTY BOARD OF COMMISSIONERS:

Date: By:_ ------------------- ~----------------------------------

(Authorized by K.S.A. 8-2010a, as amended, K.S.A. 8-2010b, as amended, and Shawnee County Resolution #92-154.)

Notice: the issuance of this emergency vehicle permit shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall this permit protect the driver from the consequences of reckless disregard for the safety of others. K.S.A. 8-1506(d)

Rev. 5 06/06/06 SCEM Form No: 107.2

recreation July 8, 2015

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Director\ ·. Parks & Recreation ~ Contract-Service Partners Recreation Division

:t\ ,-SHAWNEE COUNTY ""'

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR 3137 SE29TH ST.

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

[email protected]

Board of Commissioners approval is requested on the attached Contracts. Contracts are a valuable tool used by Parks & Recreation to provide compensation to individuals and/or partners who desire to share their service, skills and talent with the public as independent contractors.

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

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

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

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

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

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

Parks & Recreation is requesting approval of the following Contracts. Below are Service Partnerships that help the department meet the Community Vision for Programming. Contractor Service Provided Doug Rose Provide music for the Old Prairie Town's Summer Sunset

Daniel Rukes

Kyle Carpenter

Steven Clark (The Castle & Cross Consort)

Concert on July 25,2015, for a fee of$75. Foundation Event. Provide music for the Old Prairie Town's Summer Sunset Concert on July 25, 2015, for a fee of $75. Foundation Event Provide music for the Old Prairie Town's Summer Sunset Concert on July 25,2015, for a fee of$75. Foundation Event. Provide live music for Holiday Happenings on December 4, 5, 11, & 12,2015, for a fee of$750. General Fund Event.

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

Parks & Recreation plays an important role in the development and operation of community interest events. The Shawnee County Parks & Recreation Foundation assists the department with many of these special programs and events. Many of these events are enhanced with the Foundation and General Fund working together. The Shawnee County Parks and Recreation Department and the Shawnee county Parks & Recreation Foundation seek to develop and continue partnerships to deliver quality services and events to residents.

JEK/gcl RL Attachment(s)

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

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

(SHAWNEE COUNTY PARKS AND RECREATION FOUNDATION FUNDING)

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE

COUNTY OF SHAWNEE, KANSAS (Counry) TH~~WNEE COUNTY PARKS AND

RECREATION FOUNDATION (Foundation) and\ ~~ ~ (Contractor).

1. SERVICES TO BE PERFORMED

Contractor agrees to perform the following services for County and/or the Foundation:

Provides music entertainment for 45 minutes during Old Prairie Town's Summer Sunset Concert on July 25, 2015.

This Agreement shall commence on July 25, 2015, and shall end on July 25, 2015, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT

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

Task Duties ComJ!ensation Entertainment Provides music entertainment for 45 $75 '

minutes during Old Prairie Town's Summer Sunset Concert on July 25, 2015.

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

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION

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

1

I

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

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

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

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

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

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

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

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

Further, Contractor hereby certifies:

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

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

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

4. INDEMNIFICATION AND HOLD HARMLESS

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

2

Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.

5. INSURANCE

Neither the County nor the Foundation shall be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County or Foundation to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions ofthe Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the Contractor shall bear the risk of any loss or damage to any personal property to which Contractor holds title.

6. OWNERSHIP OF PRODUCTS/DOCUMENTS

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

7. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION.

Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Shawnee County Financial Administrator, sufficient funds are not appropriated to continue the function performed in this agreement or to fund any obligation of the County for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. In such event, County agrees to give written notice of termination to Contractor at least thirty (30) days prior to the end of its current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the Contractor.

8. ANTI-DISCRIMINATION CLAUSE.

The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County or Foundation. Parties to this contract understand that subsections (b) through (e) of this

3

paragraph number 5 are not applicable to a Contractor who employs fewer than four employees or whose contract with the County or Foundation totals $5,000 or less during this fiscal year.

9. ACCEPTANCE OF CONTRACT.

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

10. ARBITRATION, DAMAGES, WARRANTIES.

Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County or Foundation have agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, neither the County not Foundation shall agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

11. REPRESENTATIVE'S AUTHORITY TO CONTRACT.

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

12. TERMINATION OF AGREEMENT

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

13. MISCELLANEOUS PROVISIONS

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

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

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

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

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

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

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

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

ATTEST:

COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

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

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

Cynthia A. Beck, Shawnee County Clerk

FOUNDATION SHAWNEECOUNTYPARKSAND RECREATION FOUNDATION

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

5

SHAWNEE COUNTY CONTRACT NO. C ~~ -2015

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES (SHAWNEE COUNTY PARKS AND RECREATION FOUNDATION FUNDING)

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE

COUNTY OF SHAWNEE, KANSAS (County), ~ SH~.fZtb COUNTY PARKS AND RECREATION FOUNDATION (Foundation) and ·~[\a e.s (Contractor).





2. PAYMENT


Task Duties Compensation Entertainment Provides music entertainment for 45 $75





1










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





2


5. INSURANCE

Neither the County nor the Foundation shall be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County or Foundation to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the Contractor shall bear the risk of any loss or damage to any personal property to which Contractor holds title.






The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the

3

contracting agency determines that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if(e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County or Foundation. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a Contractor who employs fewer than four employees or whose contract with the County or Foundation totals $5,000 or less during this fiscal year.











b. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given 3 days after mailing in the United

4

States mail, using first class mail, postage prepaid, to the recipient's address as stated in this Agreement.







ATTEST:


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

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


5

SHAWNEE COUNTY PARKS AND RECREATION FOUNDATION

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

CONTRACTOR /}

~<-v~ Printed Name: J2 a..vz.. ~ /<e,S

oate: "/u ILs . I

Approved as to Legality and Form: Date 7 · '-1r

11

SHAWNEE COUNTY CONTRACT NO. C 'l <6t..f-2015

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES (SHAWNEE COUNTY PARKS AND RECREATION FOUNDATION FUNDING)

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County), THE SHAWNEE COUNTY PARKS AND RECREATION FOUNDATION (Foundation) and Kyler Carpenter(Contractor).





2. PAYMENT


Task Duties Compensation Entertainment Provides music entertainment for 45 $75





1










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





2


5. INSURANCE

Neither the County nor the Foundation shall be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County or Foundation to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the Contractor shall bear the risk of any loss or damage to any personal property to which Contractor holds title.






The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County or Foundation. Parties to this contract understand that subsections (b) through (e) of this

3

paragraph number 5 are not applicable to a Contractor who employs fewer than four employees or whose contract with the County or Foundation totals $5,000 or less during this fiscal year.













4






ATTEST:


__________ ,Chair

Date: _______________ _


FOUNDATION SHAWNEE COUNTY PARKS AND RECREATION FOUNDATION

Dme: _______________ _

5

Approved as to Legality and Form: Date 1 ·<.-If

--· --~~~·-- -· -··--,-.~ u -t.· .~.(J-~ A .. "' t ,1~ . "W• •

....,t._ ... ., · · \...JV. -.....-. V~J i~LL~_...,.

Kyler Carpenter

Address: 2631 SW Fillmore Topeka, KS 66611

Date: 6/23/2015

6

SHAWNEE COUNTY CONTRACT NO. C Q '§'"Jl(U5

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and STEVEN CLARK (THE CASTLE & CROSS CONSORT) (Contractor).

1. SERYICES TO BE PERFORMED

Contractor agrees to perform the following services for County:

Provide live dinner music for the four nights of Holiday Happenings on December 4, 5, 11 & 12, 2015.

This Agreement shall commence on December 4 2015 , and shall end on December , 12 , 2015 , unless this Agreement is terminated sooner or extended in

accordance with its terms.

2. PAYMENT

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

If ask ~uties Compensation

~ntertainment Provide live dinner music for the four nights $750 of Holiday Happenings on December 4, 5, 11 & 12, 2015

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

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICAJION

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

1



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



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

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

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


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


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


Contractor shall save, hold harmless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs,

2

including reasonable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.

5. INSURANCE

The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the Contractor shall bear the risk of any loss or damage to any personal property to which Contractor holds title.


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


Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to Contractor at least thirty (30) days prior to the end of its current fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any of Contractor's equipment, leased or otherwise, provided to County under the contract. County will pay to the Contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by County, title to and possession of any equipment purchased by the County under the contract, but not fully paid for, shall revert to Contractor at the end of County's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the Contractor.


The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or

3

advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a Contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.


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

10. ARDITRATION. DAMAGES. WARRANTIES.

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




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

4

13. MISCELLANEOUS PROYISIONS







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

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

ATTEST:

COUNTY

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

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

5

, Chair

Approved as to Legality and Form: Date ·7, <.-tr

___ ,.,.....___ itf

!:;-.iS T. CO. CO NSELOR


6

Shawnee County

Office of County Clerk CYNTHIA A. BECK

] \\ 1

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:

DATE:

MEMORANDUM Board of Co~~~~Commissioners

Cynthia ~~~' County Clerk

Litigation

July 27, 2015

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

CASE NO: 2015CV656 Wells Fargo Bank, N.A. vs. Board of County Commissioners of Shawnee County, Kansas et. al. CASE NO: 2015CV624 Wells Fargo Bank, N.A. vs. Board of County Commissioners of Shawnee County, Kansas et. al.

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

Attachment

Shawn Scharenborg, KS # 24542 Sara Knittel, KS # 23624 KelliN. Breer, KS # 17851 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 (314) 991-0255 (314) 567-8006 K&M File Code:WHIMIN07

IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS

Wells Fargo Bank, N.A., Case No. C)..Q) 6 U/ (o D(o Plaintiff,

vs.

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

Defendant.

Pursuant to K.S.A. Chapter 60

TO THE ABOVE-NAMED DEFENDANT:

SUMMONS

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

_:· .. -~

(Seal) Chief Clerk of the District Court

~< ( 7

~RIFF'S RETURN

, Deputy '

Datect: ]/dido '

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

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

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

Personal Service;

___ Residential Service;

lllllllllllllllll ~llllllllllllllllllllllllllllllllllllllllllllll * K M 9 9 7 4 7 0 3 K M *

Shawn Scharenborg, KS # 24542 Sara Knittel, KS # 23624 Kelli N. Breer, KS # 17851 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:WHIMINO?

zn 15 JUL 1 b P t+: 4 g


Wells Fargo Bank, N .A., Plaintiff,

Erik C. White Serve at:

vs.

608 SW Kenova Rd Topeka, KS 66606-1828

M.it4zi L. White Serve at: 838 NE 43rd Street Topeka, KS 66617

Case No. cn;5tv \.D5CP Div. No. t

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

Unknown Occupant Serve at: 838 N E 43rd Street Topeka, KS 66617

Unknown Spouse of Erik C. White Serve at: 608 SW Kenova Rd Topeka, KS 66606-1828

lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll * K M 9 9 7 4 6 0 0 K M *

2

Unknown Spouse of Mitzzi L. White Serve at: 838 NE 43rd Street Topeka, KS 66617

Defendants.

Petition Pursuant to K.S.A. Chapter 60

PETITION FOR FORECLOSURE OF MORTGAGE

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

Defendants states as follows:

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

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

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

3. On or about July 15, 2010, Erik C. White, Mitzzi L. White [hereinafter "Borrower(s)"]

borrowed money from, executed and delivered to Carnegie Mortgage LLC, a Note, payable in

monthly installments, in the original principal sum of $213,027.00, together with interest as

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

set forth as Exhibit 1.

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

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

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

PART OF THE NORTH 1/2 OF SECTION 4, TOWNSHIP 11 SOUTH, RANGE 16 EAST

OF THE 6TH P.M., SHAWNEE COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH 1/2 OF SECTION 4;

RUNNING THENCE NORTH 89 DEGREES 52 MINUTES 09 SECONDS WEST, 2071.76 FEET

TO THE POINT OF BEGINNING SAID POINT BEING ON THE SOUTH LINE OF SAID

111111111111~ lllllllllllllllllllllllllllllllllllllllllll~ IIIII! 3

* K M 9 9 7 4 6 0 0 K M *

NORTH 1/2 OF SECTION 4; THENCE CONTINUING NORTH 89 DEGREES 52 MINUTES 09

SECONDS WEST, 225.24 FEET SAID POINT BEING ON THE SOUTH LINE OF SAID

NORTH 1/2 OF SECTION 4; THENCE NORTH 00 DEGREES 01 MINUTES 12 SECONDS

WEST, 580.19 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 09 SECONDS EAST,

225.24 FEET; THENCE SOUTH 00 DEGREES 01 MINUTES 12 SECONDS EAST, 580.17

FEET TO THE POINT OF BEGINNING.

known and numbered as 838 NE 43rd Street, Topeka, KS 66617. The Mortgage was duly

recorded on October 28, 2010, in the Office of the Register of Deeds of Shawnee County,

Kansas, in Book 4848 Page 228. The Mortgage tax was paid. A true and correct copy of the

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

5. Wells Fargo Bank, N.A. is the current legal holder of the debt, and possesses all rights,

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

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

Exhibit 3.

6. Borrower(s) have failed and refused to make the payments as provided for in the Note and

Mortgage, and said contracts are delinquent and the last payment received was the payment

due June 1, 2013 and Borrower(s) remains due for all payments and interest from that date

forward. For this reason, the Note and Mortgage are in default and Plaintiff has elected to

accelerate the maturity date of the contracts pursuant to their terms and declare the entire

indebtedness due and payable as follows:

a. the unpaid principal balance due on the Note in the sum of $202,781.04;

b. the unpaid interest accruing at 4. 75000 percent per annum from June 1, 2013;

c. any accrued late charges;

d. any amount paid by Plaintiff for property inspections, BPOs, maintenance

[ llllllllllllf llllllllllllllllllllllfllllllllllllllllllllllllllll 4

* K M 9 9 7 4 6 0 0 K M *

Shawn Scharenborg, KS # 24542 Sara Knittel, KS # 23624 KelliN. Breer, KS # 17851 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 (314) 991-0255 (314) 567-8006 K&M File Code:HOPJAN02

~lJ~ :7~:~~ L

SHAWNEE COUNTY CLfRK


Wells Fargo Bank, NA, Case No. dD ~LICA/Le aJ./ Plaintiff,

vs.

The Board of County Commissioners of the County of Shawnee, Kansas Serve at: 200 E 7th Stre13t, Room 1 07 Topeka, KS 66603

Defendant.

Pursuant to K.S.A. Chapter 60

TO THE ABOVE-NAMED DEFENDANT:

SUMMONS

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

~

(Seal) Chief Clerk of the District Court Jt V'.l

sC~ ~=F'S RETURN

, Depu Dated: 7/llo,/!S

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

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

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

___ Residential Service;

11111111111111111111111111111111111111111111111111111111111111111 * K M 9 9 6 3 B 2 2 K M *

Shawn Scharenborg, KS # 24542 Sara Knittel, I<S # 23624 KelliN. Breer, KS # 17851 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Cocle:HOPJAN02


Wells Fargo Bank, NA, Plaintiff,

vs.

Jack W. Hopkins Serve at: 1625 SW High Ave Topeka, KS 66604

Case No. aoV-ICJJ (S; a..LJ Div. No. 1

State of Kansas, acting through the Department of Revenue Serve at: 2nd Floor, Memorial Hall 120 Southwest 1Oth Ave Topeka, KS 66612

The Board of County Commissioners of the County of Shawnee, Kansas Serve at: 200 E 7th Street, Room 107 Topeka, KS 66603

Unknown Spouse of Jack W. Hopkins Serve at: 1625 SW High Ave Topeka, KS 66604

Unknown Occupant Serve at: 1625 SW Hi!~h Ave Topeka, KS 66604

Defendants.

lllllllllllllllllllllllllllllllllllllllllllllllllllllllllll/11111 * K M 9 9 6 3 8 0 0 K M *

2

. FILED 8 Y CLER'K . KS. DISTRICT COUF\ T fHIRD JUDICIAL DIS T

TOPEKA. KS .

ZUf5 JUL f 3 p 12: t(l

Petition Pursuant to K.S.A. Chapter 60

PETITION FOR FORECLOSURE OF MORTGAGE

COMES NOW, Plaintiff, Wells Fargo Bank, NA, and for its cause of action against the

Defendants !states as follows:

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

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

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

3. On or about June 6, 2012, Jack W. Hopkins [hereinafter "Borrower(s)") borrowed money

from, executE~d and delivered to Wells Fargo Bank, NA, a Note, payable in monthly

installments, in the original principal sum of $132,156.00, together with interest as stated. A

true and corr·ect copy of the Note is attached and incorporated by reference as if fully set forth

as Exhibit 1.

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

executed and delivered to Wells Fargo Bank, NA, a Mortgage of the same date upon the

following described real estate:

LOTS 9, 11 AND 13 ON HIGH AVENUE, FORMERLY REDDEN AVENUE, EUCLID

PARK, AN ADDITION TO THE CITY OF TOPEKA, SHAWNEE COUNTY, KANSAS.

known and numbered as 1625 SW High Ave, Topeka, KS 66604. The Mortgage was duly

recorded on June 7, 2012, in the Office of the Register of Deeds of Shawnee County, Kansas,

in Book 5002 Page 149. The Mortgage tax was paid. A true and correct copy of the Mortgage

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

5. Wells Far~10 Bank, NA is the current legal holder of the debt, and possesses all rights,

including the right of enforcement of the Note and Mortgage.

6. Borrower(s) have failed and refused to make the payments as provided for in the Note and

11111111111111/ll llllllllllllllllllllllllllllllllllllllllllll/111 * K M 9 9 6 3 8 0 0 K M *

3

Mortgage, and said contracts are delinquent and the last payment received was the payment

due January 1, 2015 and Borrower(s) remains due for all payments and interest from that date

forward. For this reason, the Note and Mortgage are in default and Plaintiff has elected to

accelerate the maturity date of the contracts pursuant to their terms and declare the entire

indebtedness due and payable as follows:

a. the unpaid principal balance due on the Note in the sum of $124,952.73;

b. the unpaid interest accruing at 3. 75000 percent per annum from January 1, 2015;

c. any accrued late charges;

d. any amount paid by Plaintiff for property inspections, BPOs, maintenance

expenses, insufficient funds charges, or other escrow advances, if applicable;

e. all sums paid by Plaintiff for bankruptcy attorney fees and court costs, if

applicable;

f. all sums advanced or to be advanced by Plaintiff prior to sale for real estate taxes

and hazard insurance premiums;

g. all sums advanced by Plaintiff for service fees, title expenses, plus the costs of this

action, including reasonable attorney fees, if allowable.

7. Due to the default in payment of the Note and Mortgage, Plaintiff is entitled to foreclosure of

its real estate Mortgage and the amount found to be due and owing declared a first and prior

lien on the real estate, that the Court find that less than one-third ( 1/3) of the original

indebtedness secured by the Mortgage has been paid, and that the redemption period should

not exceed three (3) months from the date of the Sheriff's Sale, pursuant to K.S.A. 60-2414(m).

8. Unknown Spouse of Jack W. Hopkins, Unknown Occupant, State of Kansas, acting through

the Department of Revenue, The Board of County Commissioners of the County of Shawnee,

Kansas may e~ach claim some right, title, interest or lien in or to the above-described real

111111111111~ lllllllllllllllllllllllllllllllllllllllllllllllllll 4

* K M 9 9 6 3 8 0 0 K M *

RESOLUTION NO. 2015-lp t.f

WHEREAS, K.S.A. 45-406(d) directs the State Archivist

to " (p) repare, publish and distribute to the appropriate

public officers and to other interested persons records

manuals containing retention and disposition schedules for

government records of local agencies;" and

WHEREAS, K.S.A. 45-409 requires local agencies to

" (g) i ve careful consideration to the recommended retention

and disposition schedules prepared by the state archivist

when considering the disposition of government records and

comply with all statutes governing the disposition of

government records;" and

WHEREAS, the Kansas State Historical Society Department

of Archives published the "Kansas Local Government Records

Manual" as updated in www.kshs.org which sets forth

retention and destruction schedules for various county

documents; and

WHEREAS, the Shawnee County Clerk desires to destroy

records identified; and

WHEREAS, the documents which the Shawnee County Clerk's

Office desires to destroy are permitted to be destroyed by

the "Kansas Local Government Records Manual."

NOW, THEREFORE, BE IT RESOLVED by the Board of County

Cormnissioners of the County of Shawnee, Kansas, meeting in

regular session on this day of July, 2015 as follows:

l. The County Clerk is permitted to destroy:

ATTEST:

Correction Orders 2011 and prior

Fish and Game Reports and Ledger sheets 2014 and prior

AP invoices 2010 and prior


Kevin J. Cook, Chair

Michele A. Buhler, Vice-Chair

Robert E. Archer, Member

,.'(:~c '-~s ·Lc :._ego.dly

Cynthia A. Beck, County Clerk :,-,~ ,-~C"Jii! 02~8- 7' 2 7- ) _ _5

2

CATHY S. LEONHART Court Administrator

TO:

FROM:

RE:

DATE:

DISTRICT COURT Shawnee County Courthouse

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

Fax (785)251-4917

Commissioner Archer Commissioner Cook Commissioner Buhler

Cathy Leonh~

Permission to request Design/Build proposals for Division 5

July 28, 2015

LEE LEGAULT Administrative Assistant

CAROL BAUSCH Jury Coordinator

The Court has sought assistance in planning for courtroom improvement from the National Center forState Courts and, more recently, from Facilities Manager, Bill Kroll. We have determined Division 5 should be the first of the courtrooms to be remodeled as there are electrical issues, no digital recording equipment and excessive wear of seating, carpet and paneling. We propose that the Design/Build portion ofthe project not exceed $150,000. Betty Greiner has made me aware that it is likely that only $100,000 will be available from the remaining Capital Outlay funds. Therefore, we ask the Commission to commit that amount. We will find the remaining $50,000 in the existing Court budget.

There will be potentially $64,000 needed to purchase and install the necessary technology to allow digital presentation of evidence, video-conferencing, digital recording and an improved sound system. It is our intent to commit funds from the Court budget for this purpose as well. We intend to work with Mission Electronics, Inc. who have a state contract for the purchase of the necessary equipment. The Court has turned several hundred thousand dollars back to the County in the last two years. We hope that we are not overly optimistic to think we can find this additional money in our budget this year. We are willing to make this effort because we so strongly believe that beginning the process of increasing court efficiency and technology options is long overdue. We have spent a long time planning and are ready to begin the work.

Therefore, I request approval for an RFP for a design/build proposal for one courtroom and attached offices for an amount estimated at $150,000. I further request approval of up to $100,000 to be paid from the Capital Outlay Fund for this project.

Thank you.

Cathy Leonhart Court Administrator

CSL/11

..

TO:

FROM:

DATE:

SUBJECT:

Shawnee County

Department of Corrections 501 S.E. 8th Street - Topeka, Kansas 66607

Brian W. Cole, Director

Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4924 Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963 Corrections Annex- 818 SE Adams- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4930

Board of County Commissioners

Brian Cole, Director r!L.--

July 23, 2015

Emergency Generator Repair

It was determined while preparing for the new kitchen project that our current electrical transformer located in the back of the jail needed to be replaced. We prepared for the possibility of a long period of using our emergency generators during the replacement, as we were told it could be up to eight hours without our normal electricity. In preparation, our service contractor, Foley Equipment and Service, came out a week prior to the work being done to make sure our generators would function properly.

On July 6, 2015 Westar Energy was scheduled to have the transformer that serves the original part of the jail replaced. After approximately 90 minutes of use the large generator failed due to overheating. This generator services everything except the llOwatt electrical service. We rely on this generator to power our cameras, doors and other electrical locking systems, among other things. We conducted an initial assessment and troubleshooting to determined it was beyond our scope. We contracted Foley Equipment and Services (Sole Source Vendor) and they determined there were two bad thermostats in the generator. We were able to use the generator only with constant monitoring and intermittent stoppage the rest of the day. We scheduled the repair of the generator afterward.

On July 21th the thermostats were installed. During this service the service technician discovered that we have a large amount of debris in the radiator that will keep the engine from cooling properly and will likely cause the thermostats to fail prematurely resulting in the same experience as July 6th. After consultation it was determined that the radiator would have to be taken apart, cleaned, and due to the age and wear on the parts, new parts will also have to be on hand in case the current parts are not salvageable. The generator and parts in question are original to the building built in 1987.

I am requesting approval of the emergency purchase and repair of our emergency generator. Foley Equipment and Service is our sole source contractor for our generators. The cost to repair this generator would be $28,271.18. In talking to Betty Greiner, Director of Administrative Services, concerning this need, she indicated that this would qualify as a project funded by the contingency fund. Please let me know if you need additional information, I will be happy to answer any questions you may have.

BWC:ek

cc: Eve Kendall, Deputy Director File

.. 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 $ 28,271.18 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: Foley Equipment and Service Address: 1737 SW 42nd St

Topeka,KS (785) 266-5770

1. Description of Material or Service:

On July 6 2015 Westar Energy was scheduled to have their transformer that serves the original part of the jail replaced. We were expecting to be on generator power for 4-8 hours. After approximately 90 minutes of use the large generator failed. We conducted an initial assessment and determined it was beyond our scope. The contracted service technician arrived and he determined there were two bad thermostats in the generator. We were able to use the generator only with constant monitoring and intermittent stoppage the rest of the day and the necessary parts were ordered.

On July 21 1h the thermostats were installed. It was then discovered that we have a large amount

of debris in the radiator that will keep the engine from running correctly. The radiator will have to be taken apart and cleaned at a minimum. Due to the age and wear on the parts, new parts will also have to be on hand in case the current parts are not salvageable.

Department Name:

Agency Approval:

DEPARTMENT USE ONLY

Department of Corrections Telephone: 785-251-6603

~ J:2 (__ 1 ~'./~(__L- Date: July 23, 2015 (Signature and Title)

AUDIT-FINANCE PURCHASING USE ONLY

_/" ,.-····

Approved by:_~=-=·-~~~--==-:~~-~~4;~··•~~~----~··_··~/-/ ___ l~---~/~~~~-----------------Date (l)DMINISTRATC)R, AUDIT-FINANCE)

/;r~~~_s-(Revised 2/12/14)

SHA\VNEE COUNTY CONTF: fl. CT ft· ca~:_?--gs

Foley Equipment Service Repair Quotation

03400513-01

Quote Number ........ :Q3400513-01 Prepared By .......... :CHASE GARN

Quote Date . . . . . :2015-07-22 Valid Until . . . . . . :2015-08-21

We are pleased to provide the following quotation for the services identified below

PREPARED FOR Customer Name ...... :SHAWNEE COUNTY JAIL ADULT

DE Address .............. :

Make Cat

Explanation of Type:

501 SE 8TH TOPEKA 66607

Model 3512

Serial Number 024Z01488

"Est." amounts may be more or less than your final invoice.

Unit Number

"Time & Material" items will be billed at the actual price of the time, parts and miscellaneous charges. "Firm" Parts Labor Mise items are firm priced and will be invoiced at that price.

WORK TO BE PERFORMED Segment Description Type Amount

01

02

TRAVEL TO/FROM GENERATOR SET TRAVEL TO AND FROM SITE.

REPAIR RADIATOR

REPLACE RADIATOR CORES, TOP TANK OF RADIATOR, NEW UPPER LINES AND COUPLERS. RADIATOR IS PLUGGED INTERIOR.

Total of Firm Price Items

Total of Estimated Items

Total

This quote is based upon acceptance of Foley's standard terms and conditions.

Est. Labor

Est. Labor

Est. Parts

Est. Misc.

285.80

8,002.40

13,982.98

6,000.00

0

28,271.18

28,271.18

Prices quoted include the specific services listed and do not include freight, applicable taxes or additional services. Standard warranty applies unless otherwise noted.

Your dealer contact: CHASE GARN Phone: 785-267-8149 E-mail: [email protected]

Customer Signature:. ______________ Date: ______________ _

Customer Email:--------------- Purchase Order:----------

Created on July 22, 2015 at 14:12:07 Page 1

TO:

FROM:

DATE:

RE:

Shawnee County

Department of Corrections 501 S.E. 8th Street - Topeka, Kansas 66607

Brian W. Cole, Director

Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- (785) 291"-5000- FAX (785) 291-4924 Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963 Corrections Annex- 818 SE Adams- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4930


~ Brian W. Cole, Director

July 27, 2015

Request Approval of 2015-2016 Performance License Agreement with Swank Motion Pictures, Inc.

I am requesting your approval of the renewal of an agreement between the Shawnee County Department of Corrections and Swank Motion Pictures, Inc. This agreement will authorize the Department of Corrections to show video presentations to inmates and juveniles without violating the individual or home performance licensing restriction of the majority of videocassettes and DVDs available through purchase and rental options.

The current agreement with Swank Motion Pictures, Inc. expires October 31, 2015. The new agreement will run from November 1, 2015 through October 31, 2016. The total cost of the service agreement is $1,942.75, payable in one installment. Funds are available for this purpose within the offender commissary account (GL29JCOOO JL213000000). The service agreement has been reviewed and approved as to form and legality by the County Counselor's office.

I will be available to answer any questions you may have.

BWC:tp

cc: Betty Greiner, Financial Administrator Richard Eckert, County Counselor Timothy Phelps, Deputy Director File

SHAWNEE COUNT'I_ CONTRACT ·i#.C4§7-2.0\

SWANK MOTION PICTURES, INC. PUBLIC PERFORMANCE LICENSING AGREEMENT

FOR CORRECTIONAL INSTITUTIONS This AGREEMENT is made on this 22nd day of July, 2015, between Shawnee County Department of Corrections ("Licensee" herein) and SWANK MOTION PICTURES, INC. ("Swank" herein), a Missouri corporation.

1. Subject Matter and Term of Agreement

A. Swank is an authorized distributor of copyrighted motion picture videocassettes and videodisc ("DVDs" herein) for non-theatrical public performances. Swank desires to license DVDs to Licensee for public performance exhibition. Licensee desires to exhibit DVDs licensed from Swank on the terms and conditions set forth herein.

The term of this Agreement shall commence on November 1, 2015 and continue through October 31, 2016, after which day it shall expire unless renewed or renegotiated by mutual agreement of the parties.

2. License

Producers listed are those supplying titles at the time of this printing. J

During the term of this contract, Swank shall license Licensee for public performance in its facility on the terms and conditions set forth herein. New facilities added during the term of this contract will require an amendment agreed to in writing by both parties. During the contract period, Licensee may exhibit DVDs for showings only at its location(s) listed in Exhibit A. Licensee shall be entitled to choose any title from Swanks' current and future list of available DVDs for public performance purposes which includes titles distributed by Paramount Pictures, Paramount Vantage, Relativity, The Weinstein Company, Magnolia Pictures, CBS Films, Warner Bros, Allied Artists, Fine Line Features, Lorimar Productions, New Line Cinema, Picturehouse, RKO Films, Dimension Films, The Ladd Company, Turner Pictures, Warner Premier, Warner Independent Pictures, MGMIUA, American International, Orion, United Artists, Lions Gate Films, Trimark, Sony Pictures, Columbia Pictures, Epic Productions, Tristar Pictures, Triumph Films, NBC Universal Pictures, Polygram, Focus Features, Gramercy, October Films, USA Films, Buena Vista Dis~ribution, Summit Entertainment, Hollywood Pictures, Miramax, Touchstone Pictures And Walt Disney Pictures. Rentals and or purchases of videocassette titles covered by this Agreement are at the expense of the Licensee.

3. Terms

In consideration of the License, Shawnee County Department of Corrections shall pay Swank a License Fee of $1,942. 75, payable in one installment upon receipt of invoice.

4. Payment Invoice is due and payable upon receipt.

5. Advertising

These motion pictures are specifically licensed for non-theatrical showings only. Promotion or advertising outside the Facility is strictly prohibited.

6. Warranties

Swank warrants that: Swank is authorized by the copyright owners of the DVDs distributed by Swank to license the "DVDs" to others for non-theatrical public performance purposes.

Page 1 of 2

SWANK MOTION PICTURES, INC. PUBLIC PERFORMANCE LICENSING AGREEMENT

continued

7. Notices

All notices to be given hereunder shall be in writing or delivered personally or mailed by pre-paid certified or registered mail (return receipt requested) as follows:

If to Swank:

SWANK MOTION PICTURES, INC.

1 0795 Watson Road

St. Louis, Missouri 63127 Attn: John Kersting Institution Sales Manager

If to Licensee:

Shawnee County Department of Corrections

501 South East 8th

Topeka, Kansas 66607 Attn: Maj. Tim Phelps

or to such other addresses as the parties shall specify, or by written notice so given, and shall be deemed to be given as of the date so delivered or mailed.

8. Applicable Law

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

EXECUTED on the day and year first above written.

EXHIBIT A

LOCATION:


Topeka, Kansas 66607


By ________________________ _

Name ____________________ __

Title

Page 2 of 2

Approved as to Legality and F 0 ~rn · 0'"' te 7 h , 1 1 r ···o~

-.~-----~UJ A~.._:,-:·~ · .. --1 ,~ ... -;~ ,_. -. ~---'--u. '-'v''J-Ii'•; .. _ ... ,:J

'-' Y'-L.V,\

4.15

Rev. 09/2013 AITACHMENT TO

SHAWNEE C<;JUNTY CONTRACT C. ___ _

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

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

2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FQNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient' funds are noi appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnify any contractor for any liability whatsoever.

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

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

7. ARBITRATION, DAMAGES, WARRANTIES, Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agr~ed to binding arbitration, or the payment of damages or penalties upon the occurren9e of a contingency. Further, the County shall not agree to. pay attorney fees and late· payment charges; and no provisions will be given effeC"t which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

8. REPRESENTATivE'S AUTHORITY TO CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY FOR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

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



Date:

ATTEST:


Date:

To:

From:

Re:

July 24, 2015

SHAWNEE COUNTY DEPARTMENT of PUBLIC WORKS

1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867 785-251-6101 FAX 785-251-4920

MEMORANDUM

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

COUNTY ENGINEER

Board of County Commissioners ~

Thomas F. Flanagan, P.E.~ .J- 7~ Deputy Director of Public Works

PROJECT BUDGET-SW 85th Street Bridge over a Tributary to the Wakarusa River I OSN 112 Project No. S-121032.00

Attached for your consideration and approval is a Project Budget for the replacement of the SW 851

h Street bridge over a tributary to the Wakarusa River I OSN 112.

The bridge is located 0.20 miles east of SW Auburn Road on SW 85th Street and is scheduled for replacement in 2016.

The existing bridge is a 20' long Steel Beam Span structure on concrete abutments and was constructed in 1919. It is currently inventoried as being Functionally Obsolete. The replacement bridge will be a 47' -6" long Ridge Frame Concrete Box Bridge (26'x8') with a 30' wide roadway.

Funding Source: 100% - 2004 Countywide Yz cent Sales Tax.

It is the recommendation of the Public Works Department that this Project Budget is approved.

Attachments

PROJECT BUDGET SW 85th Street over Trib. Wakarusa River/ OSN 112

County Project No. S-121032.00

LOCATION:

SW 85th Street over Trib. Wakarusa River, 0.2 miles east of Auburn.

DESCRIPTION OF PROJECT:

Replace an existing 20.1' Concrete Slab Bridge with a 26' roadway with a 26' x 8' RFE bridge with a 30' roadway.

SOURCE OF FUNDS:

100%-2004 Countywide 1/2 cent Sales Tax Revenues

PROJECT COST ESTIMATE:

ITEM COUNTY TOTAL Construction $375,000 $375,000

BridQe I GradinQ $375,000 DesiQn $32,000 $32,000

Plans, Specs, Geology $32,000 Construction Engineering $33,000 $33,000 Right-of-Way $21,400 $21,400 Appraisal Services $1,600 Acquisition Services $1,800 Easement Cost $18,000

Utility Relocation $25,000 $25,000 Contingencies $37,500 $37,500

TOTAL $523,900 $523,900

PROJECT ENGINEER: Thomas F; Flanagan

Date Approved:

Date:

To:

From:

Re:

December 14, 2010

SHAWNEE COUNTY DEPARTMENT of PUBLIC WORKS

1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867 785-251-6101 FAX 785-251-4920

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

COUNTY ENGINEER

MEMORANDUM

Board of County Commissioners 1

~ .

Thomas F. Flanagan, P.E. ~ ... _} ._/,.,.,.. }~ Deputy Director of Public Works

Change Order No.1 FINAL SW Glick Road over the Wakarusa River I OSN 068 Project No. S-121030.00

Attached for your acknowledgement is Change Order No. 1 FINAL to Contract No. C72-2015 with King Construction Co, Inc., Hesston, Kansas.

This change order reflects final "As Built" vs "As Bid" Quantities.

Final contract price is a net Decrease in the amount of$7,437.62.

Original Contract Amount $453,293.33 Change Order No. 1 FINAL -$7,437.62 FINAL Contract Price $445,855.71

It is the recommendation ofPublic Works Department that the Board of County Commissioners acknowledges receipt ofthis change order.

CHANGE ORDER

PROJECT: Grading, Bridge, Surfacing, and Seeding CHANGE ORDER NUMBER: 1 (Final) SW Glick Road over Wakarusa River Project No. S-121030.00, County Bridge No. OSN 068 DATE: July 24,2015

CONTRACTOR: King Construction Company Inc 301 N. Lancaster Ave. PO Box 849 Hesston, Kansas 67062

CONTRACT NO: C72-2015

The Contract is changed as follows: (To reconcile FINAL "As-Built quantities with Contract quantities).

1. Decrease the quantity for Bid Item No. 16, "Silt Fence", by 185lin. ft. from 185 lin. ft. to 0 lin. ft. The unit price shall remain $5.00 per lin. ft. The total cost shall decrease by $925.00.

2. Increase the quantity for Bid Item No.l7, "Biodegradable Log (20")", by 370 lin. ft. from 200 lin. ft. to 570 lin. ft. The unit price shall remain $7.00 per lin. ft. The total cost shall increase by $2590.00.

3. Decrease the quantity for Bid Item No. 18, "Temporary Ditch Check (Rock)", by 100 cu. yds. from 128 cu. yds. to 28 cu. yds. The unit price shall remain $58.00 per cu. yd. The total cost shall decrease by $5800.00.

4. Decrease the quantity for Bid Item No. 19, "Erosion Control (Class I, Type C)", by 16 sq. yds. from 16 sq. yds. to 0 sq. yds. The unit price shall remain $20.00 per sq. yd. The total cost shall decrease by $320.00.

5. Decrease the quantity for Bid Item No. 20, "Erosion Control (Class II, Type E)", by 136 sq. yds. from 264 sq. yds. to 128 sq. yds. The unit price shall remain $6.00 per sq. yd. The total cost shall decrease by $816.00.

6. Decrease the quantity for Bid Item No. 31, "Piles (Steel) (HP10x42)", by 41.9 lin. ft. from 164 lin. ft. to 122.1 lin. ft. The unit price shall remain $35.00 per lin. ft. The total cost shall decrease by $1466.50.

7. Decrease the quantity for Bid Item No. 34, "Sonic Test (Drilled Shaft)(Set Price)'', by 1 Each from I Each to 0 Each. The unit price shall remain $1800.00 per Each. The total cost shall decrease by $1800.00.

8. Add a new Bid Item No. 38, "Pile (Steel) (HP10x42) (Cut-off)". The contract quantity shall be 41.9 lin. ft. The unit price shall be 75% (per KDOT Specifications) ofitem No. 31 "Pile (Steel) (HP10x42)", which shall be $26.25 per linear foot. The total cost shall increase by $1099.88.

Shawnee County Department of Public Works

1515 NWSaline Topeka, Kansas 66618

Page 1 of2

The original Contract Sum was ...... j • ~ •••••••• , •••••••••.••• ~ •• ~ ••••• $453,293.33

Net change by previously authorized Change Orders ....•.... ; ....... , , , • $0

The Contract Sum prior to this Change Order was •••......•... , . , ........ $453,293.33

The Contract Sum will be decreased by this Change Order in the amount of ........................ , ...... ·, . ; , . , ... ·, .... , .•. ($7,437.62)

The new Contract Sum will be ..•. , ..•..... , ..•.......... , , ...... , .. $445,855.71

The Contract Time will be increased by •... , ••. , .........• ~ • , ...... , , • , . Odays

OTHER CONDITIONS AND AGREEMENTS:

All other terms and conditions of said Contract that have not heretofore been modified shall be and remain the same.

ACCEPTANCE: If the foregoing modification of said Contract is satisfactory, please note your acceptance in the space provided and forward three (3) executed copies to the Shawnee County Department of Public Works.

CONTRACTOR: King Construction Company, Inc. 301 N. Lancaster Ave. POBox 849 Hesston, Kansas 67062

~··

By: tJ.~ ~ t;St Date: '1- 2.4 - \5 .

RECOMMENDED BY:

~dlk"j~ Thomas F. Flan'ag;n, P.E. Deputy Director of Public Works

Date: 7-l7-/S

DEPARTMENT OF PUBLIC WORKS SHAWNEE COUNTY, KANSAS

1-~n~ ... <l.~

Thomas C. Vlach, P.E. Director of Public Works

''

Shawnee County Department of Public Works

1515 NWSaline Topeka, Kansas 66618

Page 2 oj2

E SHAWNEE COUNTY A

Shawnee 1 ~ounty KS .

recreat1on July 24, 2015

TO:

FROM:

RE:

Board of Commissioners

Shawnee County '~

John E. Knight, Director0 Parks and Recreation

Application - Empowerment Grants Parks Division

PARKS & RECREATION ..J_ JOHN E. KNIGHT

DIRECTOR 313 7 SE 29TH ST.

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

[email protected]

Three (3) Neighborhood Improvement Associations (NIAs) in the City of Topeka., Central Highland Park NIA, Valley Park NIA and Central Park NIA have applied for empowerment grant funds from the City of Topeka Neighborhood Relations Department, Community Development Block Grant Program. The grant requests are for park improvements to Hillcrest Park, Big Shunga Park and Central Park.

Part of the grant application process is the submittal of a signed letter from the property owner where the improvements will be made that states that the owner is aware of the grant application and supports the intent of the grant application. Bill Riphahn, Park Planner, of the Parks and Recreation Department has worked closely with the NIAs involved to ensure that the items requested in the grant application will be an asset to each park and be supported by elements of the master plan.

The applications for Hillcrest Park include: Application 1 :

6 - Outdoor fitness equipment and installation 6- Signs 2 - Soccer goals 1-Bike rack Concrete pads and walks

Application 2: 1- Open air shelter (32' x 32') to include shipping, installation and concrete work 6 - Picnic tables 1- Grill 1 -Trash receptacle ADA accessible walks to include inspection and permits

The application for Big Shunga Park includes: Tot Structure to include installation and rubber safety mats 1-Bench 1 -Trash receptacle 1- Bike rack 1- Sign Concrete walks

The application for Central Park includes: 3 - Picnic tables 3 - Trash receptacles 1- Bike rack 1- Sign Grading Concrete walks

As noted in the Parks and Recreation Master Plan, Community Development Block Grants is a financial opportunity for the county to consider in supporting and to recognize the value of this funding source to enhance the neighborhood and schools surrounding the parks, which is the purpose for these grants.

The Parks & Recreation Department asks that the Commission show their support by signing the attached letters to be included in the respective grant applications. There is no cost to Shawnee County and the improvements made to each park will enhance and update amenities that will drive positive use in the parks.

JEK/lrk TB Attachments

Shawnee County Board of Commissioners

July 24, 2015

City of Topeka Department ofNeighborhood Relations Attn: Roseanna Haugen, Neighborhood Services Mgr. 620 SE Madison, 1st Floor, Unit 8 Topeka, KS 66607

Re: Park Improvement to Hillcrest Park Application 1

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

Shawnee County Parks and Recreation has met with representatives from Central Highland Park NIA and has reviewed their request for park improvements to Hillcrest Park. It is Shawnee County's understanding that Central Highland Park NIA intends to submit an application to the City of Topeka, Department of Neighborhood Relations for Neighborhood Empowerment Grant funding. The NIA proposes the following improvements:

• 6 - Outdoor fitness equipment and installation • 6- Signs • 2 - Soccer goals • 1 - Bike rack • Concrete walks to serve fitness equipment

Please accept this letter as Shawnee County's approval of the improvements and submission of the application to the City of Topeka.

Sincerely,

Kevin J. Cook, Chair Board of County Commissioners of Shawnee County, Kansas

cc: Board of County Commissioners of Shawnee County, Kansas

200 SE 7th Street, Rm. B-11, Courthouse Topeka, Kansas 66603-3933

(785) 23~-8?00 ext 4040 • Fax: (785) ?91-4914 • E-Mail: [email protected] • Internet Address: www.snco.us

Hillcrest Park limprovements

COST ESTIMATE 7/20/2015

MATERIALS 6 -Outdoor Fitness Equipment

Installation

6- Signs

2 -Soccer Goals

Concrete Pads & Walks 1- Bike Rack

TOTAL

EACH 1/334

2/000 617

3/500

600

TOTAL 8/000

2/000

3/700 71000

5/000 600

26,300

July 24, 2015



City of Topeka Department ofNeighborhood Relations Attn: Roseanna Haugen, Neighborhood Services Mgr. 620 SE Madison, 1st Floor, Unit 8 Topeka, KS 66607

Re: Park Improvement to Hillcrest Park Application 2

Shawnee County Parks and Recreation has met with representatives from Central Highland Park NIA and has reviewed their request for park improvements to Hillcrest Park. It is Shawnee County's understanding that Central Highland Park NIA intends to submit an application to the City of Topeka, Department ofNeighborhood Relations for Neighborhood Empowerment Grant funding. The NIA proposes the following improvements:

• 1 -Open air shelter (32' x 32') to include shipping, installation and concrete work • 6 - Picnic tables • 1- Grill • 1- Trash receptacle • ADA accessible walks to include inspection and permits


Sincerely,


cc: Board of County Commissioners of Shawnee County, Kansas

200 SE 7th Street, Rm. B-11, Courthouse Topeka, Kansas 66603-3933 (785) 233-8200 ext4040 • Fax: (785) 2914914 • E-Mail: [email protected] •Internet Address: www.snco.us

Hillcrest Park Improvements


MATERIALS EACH TOTAL Open-Air Shelter 32'x32' 33,000 Shipping 500 Installation and Concrete Work 24,000 ADA Accessible Walks 3,000 Inspection and Permits 500 6 - Picnic Tables 1,200 7,000 1 -Grill 750 750 1 -Trash Receptacle 1,500 1,500

TOTAL 70,250

,.~--------------------------------------------------------------

Shawnee County · Board of Commissioners

July 24, 2015

City of Topeka Department of Neighborhood Relation Attn: Roseanna Haugen, Neighborhood Services Mgr. 620 SE Madison, 1st Floor, Unit 8 Topeka, KS 66607

Re: Park Improvements to Big Shunga Park


Shawnee County Parks and Recreation has met with representatives from Valley Park NIA and has reviewed their request for park improvements to Big Shunga Park. It is Shawnee County's understanding that Valley Park NIA intends to submit an application to the City of Topeka, Department of Neighborhood Relations for Neighborhood Empowerment Grant funding. The NIA proposes the following improvements:

• Tot Structure to include installation and rubber safety mats • 1- Bench • 1 -Trash receptacle • 1 - Bike rack • 1- Sign • Concrete walks


Sincerely,


c: Board of County Commissioners of Shawnee County, Kansas

200 SE 7th Street, Rm. B-11, Courthouse Topeka, Kansas 66603-3933 (785) 233-8200 ext 4040 • Fax: (785) 29J-4914 • E-Mail: [email protected] •Internet Address: www.snco.us

Big Shunga Park I improvements


MATERIALS EACH TOTAL 1- Bench 600 600

1 - Trash Receptacle 1,100 1,100

Tot Structure 10,000 10,000

Tot Structure Install 4,500 4,500

Rubber Safety Mat 6,000 6,000

Concrete Walks 1,200 1,200 1- Bike Rack 600 600

1- Sign 1,000 1,000

TOTAL 25,000

July 24, 2015



City of Topeka Department ofNeighborhood Relations Attn: Roseanna Haugen, Neighborhood Services Mgr. 620 SE Madison, 1st floor, Unit 8 Topeka, KS 66607

Re: Park Improvements to Central Park

Shawnee County Parks and Recreation has met with representatives from Central Park NIA and has reviewed their request for park improvements to Central Park. It is Shawnee County's understanding that Central Park NIA intends to submit an application to the City of Topeka, Department of Neighborhood Relations for Neighborhood Empowerment Grant funding. The NIA proposes the following improvements:

• 3 - Picnic tables • 3 - Trash receptacles • 1 - Bike rack • 1- Sign • Grading • Concrete walks

Please accept this letter as Shawnee County's approval of the improvements and submission of the application to the City ofT opeka.

Sincerely,


c: Board of County Commissioners of Shawnee County, Kansas

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

Central Park limprovements


MATERIALS EACH TOTAL

3 - Picnic Tables 1,000 3,000

3 - Trash Receptacles 1,067 3,200

Grading 2,000

Concrete Walks $6/Sq. Ft. 3,000 1- Bike Rack 600 600

1- Sign 1,000 1,000

TOTAL 12,800

July 24, 2015

To: Shawnee County Board of County Commission

From: Betty Greiner, Financial Administrator )Jtf, Michele Hanshaw, Purchasing 1/

Re: Permission to sell surplus property.

Shawnee County

PURCHASING DIVISION MICHELE HANSHAW

Audit Finance Department Purchasing Specialist

200 SE ih St., Room 201 Topeka, KS 66603

(785) 251-4039

We now have a sufficient amount of surplus that needs to be auctioned. I am asking permission to sell these items through Purple Wave.

The items that will be sold are:

Desks Chairs Shelves File cabinets Some obsolete communication equipment Scales and blood pressure cuffs etc. 1998 Shulte pto driven bat wing mower 500 gallon steel water tank Computers and monitors etc. Console TV's And other miscellaneous items

Thank you for your consideration.

Michele Hanshaw

To:

From:

Date:

RE:


Betty Greiner f1Cf July 24, 2015 \

2015 External Audit

Shawnee County ,

AUDIT-FINANCE OFFICE Suite 201, Courthouse

200 SE 7th Street Topeka, KS 66603-3903

I am requesting approval to engage the services of Cochran Head Vick & Co., P.A. to perform the audit for Shawnee County and the Shawnee County Health Agency for the year ending December 31, 2015.

Audit services went out for bid for the 2012 audit with Cochran Head Vick & Co., P.A. being awarded the audit engagement. With the divestiture of the Federally Qualified Health Agency at December 31, 2015, I feel that it is advantageous to remain with these auditors through this transition. I believe their knowledge of and history with the Health Agency will provide the County with a quality opinion on the financial statements through this period of change. This engagement will also provide the basis and background for the close-out audit of the FQHC. It will provide continuity as well as efficiencies of staff time. The 2014 audit performed by Cochran Head Vick & Co. was very thorough and professional.

Timing- The audit will be completed by July 1, 2016 with interim audit work beginning in December.

Fees- The total fees for both audits are $94,400. These fees are the same as for the 2013 and 2014 audits and a reduction from the 2012 audit. The breakdown of fees is as follows:

2015 AUDIT 2014 AUDIT 2013 AUDIT 2012 AUDIT

Shawnee County $ 77,600 $ 77,600 $ 77,600 $ 86,200

Health Agency 16,800 16,800 16,800 19,527

TOTAL $ 94,400 $ 94,400 $ 94,400 $ 105,727

Funding- Funding for the Shawnee County audit comes from the General Expense budget. The Health Agency audit comes from the Health Agency budget.

Consulting -These fees also include a total of 30 hours of consulting throughout the year, 20 hours for the county and 10 hours for the Health Agency.

The County Counselor's office has reviewed this engagement letter for legality and form. I will be happy to provide any additional information and answer any questions.

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

COCHRAN HEAD VICK & CO., P.A.

& Co

1333 Meadowlark Lane Suite 112 Kansas City, KS 66102 (913) 287-4433 (913) 287-0010 FAX

Other Offices

1251 NW Briarcliff Pkwy

Suite 125

Kansas City, MO 64116

(816) 453-7014

(816) 453-7016 FAX

400 Jules Street

Suite 415

St, Joseph, MO 64501

(816) 364-1118

(816) 364-6144 FAX

5700 Broadmoor, Suite 202

Mission, Kansas 66202

(913) 378-1100

(913) 378-1177 FAX

Certified Public Accountants

Honorable Members of the Board of County Commissioners

Shawnee County, Kansas 200 SE Seventh Street, Suite 201 Topeka, Kansas 66603-3963

July 20, 2015

We are pleased to confirm our understanding of the services we are to provide Shawnee County, Kansas (the County) and the Shawnee County Health Agency (the Agency), for the year ending December 31, 2 015.

Shawnee County, Kansas

We will audit the financial statements of the governmental activities, the businesstype activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements, of the County as of and for the year ending December 31, 2015. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the County's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the County's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by accounting principles generally accepted in the United States of America and will be subjected to certain limited procedures, but will not be audited:

• Management's Discussion and Analysis.

• Budgetary Comparison Information.

• Schedule of Funding Progress.

We have also been engaged to report on supplementary information other than RSI that accompanies the County's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the

financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditor's report on the financial statements:

• Schedule of expenditures of federal awards.

• Combining Balance Sheets- Non-major Funds.

• Combining Statements of Revenues, Expenditures and Changes in Fund Balances -Nonmajor Funds

• Combining Statement of Net Position- Internal Service Funds.

• Combining Statement of Revenues, Expenses and Changes in Net Position- Internal Service Funds

• Combining Statement of Cash Flows - Internal Service Funds.

Shawnee County Health Agency

We will audit the financial statements of the governmental activities, including the related notes to the financial statements, which collectively comprise the basic financial statements, of the Agency (a special revenue fund of the County) as of and for the year ending December 31, 2015. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the Agency's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the Agency's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by accounting principles generally accepted in the United States of America and will be subjected to certain limited procedures, but will not be audited:

• Management's Discussion and Analysis (if presented).

We have also been engaged to report on supplementary information other than RSI that accompanies the Agency's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditor's report on the financial statements:

• Schedule of expenditures of federal awards.

• Schedule of Expenditures by Program.

Audit Objectives

The objective of our audit is the expression of opinions as to whether the County's and the Agency's financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. The objective also includes reporting on-

• Internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.

• Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and NonProfit Organizations.

The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The OMB Circular A-133 report on internal control over compliance will include a paragraph that states that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of OMB Circular A-133. Both reports will state that the report is not suitable for any other purpose.

Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133, and will include tests of accounting records, a determination of major piogram(s) in accordance with OMB Circular A-133, and other procedures we consider necessary to enable us to express such opinions. Our reports for the County will be addressed to the Commissioners of Shawnee County, Kansas and our reports for the Agency will be addressed to the Members of the Agency, Community Health Center Board and the County's Board of Commissioners. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions on the financial statements or the Single Audit compliance opinions are other than unmodified, we will discuss the reasons with the County and the Agency in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or may withdraw from this engagement.

Management Responsibilities

Management is responsible for the financial statements, schedule of expenditures of federal awards, and all accompanying information as well as all representations contained therein. Management is also responsible for identifying all federal awards received and understanding and complying with the

compliance requirements, and for preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received) in accordance with the requirements of OMB Circular A-133. As part of the audit, we will assist with preparation of your financial statements, schedule of expenditures of federal awards, and related notes. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. You agree to assume all management responsibilities relating to the financial statements, schedule of expenditures of federal awards, related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.

Management is responsible for (a) establishing and maintaining effective internal controls, including internal controls over compliance, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; (b) following laws and regulations; (c) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (d) ensuring that management is reliable and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements in conformity with accounting principles generally accepted in the United States of America; and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements.

Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence.

Your responsibilities also include identifying significant vendor relationships in which the vendor has responsibility for program compliance and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole.

You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the County and/or the Agency involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In

addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. Management is also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements, or abuse that we report. Additionally, as required by OMB Circular A-133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan.

You are responsible for preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received) in conformity with OMB Circular A-133. You agree to include our report on the schedule of expenditures of federal awards in any document that contains and indicates that we have reported on the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with OMB Circular A-133; (2) you believe the schedule of expenditures of federal awards, including its form and content, is fairly presented in accordance with OMB Circular A-133; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards.

You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with accounting principles generally accepted in the United States of America. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.

Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information.

Audit Procedures-General

An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting

policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or ( 4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse.

Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform the appropriate level of the County's and the Agency's management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of the County's and the Agency's management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.

Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards.

Audit Procedures-Internal Control

Our audit will include obtaining an understanding of the County and the Agency's environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.

As required by OMB Circular A-133, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting

material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133.

An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to the County's and the Agency's management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and OMB Circular A-133.

Audit Procedures-Compliance

As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the County's and the Agency's compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.

OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Circular A-133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the County's and the Agency's major programs. The purpose of these procedures will be to express an opinion on their compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-133.

Engagement Administration, Fees, and Other

We understand that the employees of the County and the Agency will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing.

At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is the County's and the Agency's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. If applicable, we will provide copies of our report for you to include with the reporting package you will submit to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits.

We will provide copies of our reports to the County and the Agency; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection.

The audit documentation for this engagement is the property of Cochran Head Vick & Co., P.A. and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a Cognizant or Oversight Agency for Audit or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Cochran Head Vick & Co., P.A. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.

The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the Cognizant Agency, Oversight Agency for Audit, or Pass-through Entity. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.

Mr. David L. Cochran, CPA, is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them.

Timing

• Shawnee County, Kansas - We expect to begin our interim audit work during the month of December 2015 and expect to begin our audit fieldwork on or before April 1, 2016. We expect to issue our report drafts on or before April 15, 2016 and to issue our final reports no later than July 1, 2016.

• Shawnee County Health Agency- We expect to begin our interim audit work during the month of December 2015 and expect to begin our audit fieldwork on or before March 9, 2016. We expect to issue our report drafts on or before April 15, 2016 and to issue our final reports no later than July 1, 2016.

Fees

• Shawnee County, Kansas- Our fee for the audit of the County's financial statements including a single audit of a maximum of two (2) major programs is $77,600. If additional major programs require a single audit, an additional fee of $2,500 will apply for each additional major program. Additionally, we will provide, at no cost to the County, twenty (20) hours of consultation, to be used at the County's discretion. These 20 hours are equivalent to fees of $2,260.

• Shawnee County Health Agency - Our fee for the audit of the Agency's financial statements including a single audit of one (1) major program is $16,800. If additional major programs require a single audit, an additional fee of $2,500 will apply for each additional major program. Additionally, we will provide, at no cost to the Agency, ten (10) hours of consultation, to be used at the Agency's discretion. These 10 hours are equivalent to fees of $1,130

Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption

that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs.

For your reference, our most recent external peer review report accompanies this letter.

We appreciate the opportunity to be of service to the County and the Agency and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.

Very truly yours,

COCHRAN HEAD VICK & CO., P.A.

RESPONSE: ~

This letter correctly sets forth the understanding of Shawnee County, Kansas and the Shawnee Co~ Health Agency. l .

'

By: ----------------------------------

Title:

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

211 Soulh 84th Street Suite /00 LiJU:oln. NE 68510

Phon.•: 402-483-7781 fax: 40:2-483-5198 1-800-747-0081

Email: inj(,@Bi'v!GCPAs.com

u,·ww.BMCCPAs. com

• lhx Planning and Prepar(].timl

• Ri'i irerne11J. PlanniJ1.g

• Auditing and Accuun/.ing

• Bu.sim•ss Cvnsult.ing

• Business H1.bwt.iom

• Computer CmMulting

Certified Public Accountants, LLP

System Review Report

To the Shareholders of Cochran Head Vick & Co., P.C. and the Peer Review Committee of the Missouri Society of CPAs

We have reviewed the system of quality control for the accounting and auditing practice of Cochran Head Vick & Co., P.C. (the firm) in effect for the year ended July 31, 2014. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. As part of our peer review, we considered reviews by regulatory entities, if applicable, in determining the nature and extent of our procedures. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary.

As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards and audits of employee benefit plans.

In our opinion, the system of quality control for the accounting and auditing practice of Cochran Head Vick & Co., P.C. in effect for the year ended July 31, 2014, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Cochran Head Vick & Co., P.C. has received a peer review rating of pass.

BMG Certified Public Accountants, LLP

Lincoln, Nebraska December 17, 2014

To:

From:

Date:

RE:

Shawnee County

AUDIT -FINANCE OFFICE

Board of County Commissioners £.t Betty Greiner, Director of Administrative Services~ \ July 24, 2015

Transfer to ONESolution project account

Suite 201, Courthouse 200 SE 7th Street

Topeka, KS 66603-3903

The County recently received a claw-back payment in the amount of $424,000. I request your approval to transfer these funds into a special project account for use in the upgrade of our current IF AS system to the next generation ONESolution system. This is a fully-integrated system which includes Accounts Payable, Fixed Assets, General Ledger, Human Resources, and Payroll. SunGard is phasing out support of the IF AS system which will essentially require the upgrade to the ONESolution suite.

This upgrade will provide enhanced capabilities, processing efficiencies, improved report writing capabilities and fully-integrated time and attendance software. During the upgrade process we will also be implementing many of the workflow modifications recommended as part of our recent Business Process Review. In preparation for the upgrade, we will be re-evaluating our GL structure with GL consultants to insure that it best meets our nee~s. In addition, ONESolution will provide an updated applicant online module for a more user-friendly and effective application process.

Because of the uncertainty of claw-back payments, this revenue item was not budgeted for 2015. By transferring this payment to a special project account, we would be able to begin work on this project as soon as time permits. The special project account will also allow payments in more than one calendar year. I expect this upgrade to begin in late 2015 and be completed in 2016. This transfer will allow the County to begin working with SunGard to determine the specific needs of the County and the associated cost. Any resulting'contract would be brought before the Board of County Commissioners for approval.

I further request that all monies remaining in this special project account at the completion of this project be transferred to the Capital Outlay Fund for future capital expenditures.

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

G Shawnee County

Office of County Counselor RICHARD V. ECKERT County Counselor

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

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

Fax (785) 291-4902

MEMORANDUM

TO:

FROM:

DATE:

RE:

Board of Shawnee County Commissioners / /}

James M. Crowl, Assistant Shawnee County Courueloc;);'(. Lf: July 27, 2015

Request for approval of Contract with Thomas McGee, L.C. for Workers Compensation Administration Services

Please place this item on the Thursday, July 30,2015 Commission agenda.

Attached is a proposed contract with Thomas McGee, L.C. to serve as Shawnee County's third party administrator for workers compensation claims. The proposed contract does meet the requirements set forth in the RFP, and Thomas McGee, L.C.'s proposal was the best and most responsive received. The proposed contract provides for an initial two (2) year term, beginning on August 1, 2015 and ending on July 31, 2017. The contract provides for two (2) additional one (1)-year extensions with a fee adjustment based upon the Kansas City, MO-KS CPl.

The Shawnee County Counselor's Office recommends approval of the contract. If you have any questions or concerns, please feel free to contact me at extension 4042.

JMC/mlb

Attachments

C: Mr. Richard V. Eckert, Shawnee County Counselor Ms. Betty Greiner, Shawnee County Financial Administrator

1-

AGREEMENT

SHAWNEE COUNTY CONTRACT # C.'.lSd ,.. qp t 5

This Agreement, made and entered into as of this 1st day of August, 2015 by and between the SHAWNEE COUNTY with principal offices at 200 SE 7th Room 100 Topeka KS 66603-3971 and organized under the laws of the State of Kansas, hereinafter referred to as SHAWNEE COUNTY and Thomas McGee, L.C., a Limited Liability organized and existing under the laws of the State of Missouri, hereinafter referred to as "Thomas McGee".

WHEREAS, SHAWNEE COUNTY has established a self-funded Workers Compensation Program to cover its employees, and

WHEREAS, SHAWNEE COUNTY desires to contract for a Risk Management Services Program, hereinafter referred to as the "Program",

NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:

ARTICLE I. THOMAS MCGEE ADMINISTRATION

Thomas McGee agrees to assign competent personnel to perform all tasks necessary to provide the services specified in this Agreement. Thomas McGee will advise SHAWNEE COUNTY of the identity of all professional personnel providing direct services to SHAWNEE COUNTY.

ARTICLE II. SERVICES PROVIDED BY THOMAS MCGEE

A. Thomas McGee agrees to act and SHAWNEE COUNTY agrees to appoint Thomas McGee as the exclusive service agent for the SHAWNEE COUNTY Program and to provide the following administrative services:

1. File and assist in the filing of reports as required by any applicable State or federal law or regulation.

2. Provide assistance and advice to legal, accounting, actuarial, or other personnel as reasonably requested by SHAWNEE COUNTY.

3. Maintain complete records of all SHAWNEE COUNTY business for which Thomas McGee is responsible hereunder during the term of this Agreement. Upon termination of this Agreement, Thomas McGee shall release all SHAWNEE COUNTY records to SHAWNEE COUNTY.

4. SHAWNEE COUNTY will fund a CLAIMS FUND checking account owned by SHAWNEE COUNTY. Thomas McGee will notify SHAWNEE COUNTY as checks are written via check weekly register.

sha\\Deecounty 2015.docx 1

B. Thomas McGee will provide the following claims management services:

1. Report, investigate, adjust and otherwise administer all clauns, including medical case management and the management of a defense for litigated claims in accordance with Thomas McGee's professional judgment. Thomas McGee may engage the use of outside services when deemed to be cost effective, or special expertise is necessary. These services are to be considered "allocated loss expenses".

2. Determine what claim payment, if any, should be paid on behalf of SHAWNEE COUNTY in light of the nature of the claim and any applicable law. Thomas McGee will consult with SHAWNEE COUNTY before offering any sum in settlement of any claim that exceeds Thomas McGee's Discretionary Settlement Authority.

3. Determine with the concurrence of SHAWNEE COUNTY what allocated loss expenses (as hereinafter defined) shall be incurred with respect to any claim.

4. Maintain a claim file on each reported claim. The claim files will be the property of SHAWNEE COUNTY and will be available for inspection by SHAWNEE COUNTY or its designee upon reasonable notice.

5. Provide statistical and loss experience reports concerning claim status, claim reserves and claim payments, with a frequency no less than monthly.

6. Advise SHAWNEE COUNTY of all significant developments arising from any investigation, adjustment or settlement that affects any claim. Claims with incurred values of $5,000 or more will be discussed at scheduled claims conferences or in narrative form at SHAWNEE COUNTY's request.

7. Administer, investigate and adjust all reported claims during the term of and according to the terms and conditions of this Agreement.

8. Identify and recommend for SHAWNEE COUNTY approval any subrogation to be initiated.

ARTICLE ill. RESPONSffiiLITIES OF THOMAS MCGEE

1. Thomas McGee shall use its professional judgment to set adequate and reasonable reserves for all claims filed; shall service claims in a reasonable manner in accordance with accepted claims handling practices; and defense, adjustment, settlement or payment by McGee shall be prima facie evidence of the reasonableness thereof.

2. Thomas McGee's failure to settle a claim within the Discretionary Settlement Authority will not subject Thomas McGee to any liability whatsoever in the event of an adverse judgment against SHAWNEE COUNTY in any action based upon or related to a claim.

sha\Wce county 2015.docx 2

3. Thomas McGee shall be granted Discretionary Settlement Authority by SHAWNEE COUNTY which shall initially be set at $5,000 dollars. Settlements in excess of this Discretionary Settlement Authority will be discussed with SHAWNEE COUNTY prior to settlement. Written approval for all settlements will be required. Allocated loss expenses are not included in Discretionary Settlement Authority.

ARTICLE IV. FEES FOR THOMAS MCGEE SERVICES

The following fee structure has been agreed upon. Fees are to be paid annually. Fees are due and payable as of receipt ofthe invoice. Specific details of included services are included under EXIITBIT A, attached and made a part of this Agreement.

Under no circumstances shall Thomas McGee be responsible for performing any services or have any responsibility for any services after termination of this Agreement.

ARTICLE V. DUTIES OF SHAWNEE COUNTY

SHAWNEE COUNTY will assist Thomas McGee in administration and shall properly and timely perform the following obligations:

1. Refer all claims which fall in the purview of this Agreement to Thomas McGee.

2 Pay Thomas McGee fees in accordance with the terms and conditions of this Agreement.

3. Use its best efforts to maintain sufficient monies in the CLAIMS FUND at all times so that Thomas McGee may pay claims and allocated loss expenses as required.

4. Cooperate fully and act expeditiously regarding requests by Thomas McGee and any request made in connection with the management or administration of the Program. SHAWNEE COUNTY agrees that its consent or approval where and when required by this Agreement shall not be unreasonably withheld. Thomas McGee shall be entitled to rely upon any consent or approval given by a SHAWNEE COUNTY designee, as binding upon SHAWNEE COUNTY unless expressly stated otherwise.

5. Use its best efforts to assure that all information furnished Thomas McGee by SHAWNEE COUNTY shall be true, accurate and complete, which Thomas McGee shall be entitled to rely upon.

ARTICLE VI. ACCESS TO AND OWNERSIDP OF RECORDS AND FILES

All records and files pertaining to the operations of SHAWNEE COUNTY are the property ofSHA WNEE COUNTY. Such records and files shall be reasonably

shamaeecounty 2015.doox 3

maintained and protected by Thomas McGee, and shall be delivered to SHAWNEE COUNTY immediately upon reasonable notice.

At all times during this Agreement, SHAWNEE COUNTY or its designee shall have access to records and files maintained by Thomas McGee pertaining to SHAWNEE COUNTY and its claims, provided reasonable notice is given.

SHAWNEE COUNTY and Thomas McGee agree that they and their agents, employees, and officers shall in no manner make use of, disclose or otherwise benefit from any proprietary information that they learn about the other, its agents, partners, employees or its manner of operations or service or marketing strategy or techniques or any information about the other that it may learn through its Agreement with the other, if such information is nof disclosed to the public by the other party.

Thomas McGee agrees that it shall not disclose the contents of SHAWNEE COUNTY files or internal policies, procedures or operations to any third party, except as reasonably necessary for Thomas McGee to carry out its obligations to SHAWNEE COUNTY under this Agreement or to comply with any requirements imposed by law, without the expressed written permission of SHAWNEE COUNTY.

ARTICLE VII. ERRORS AND OMISSIONS LIABILITY

Thomas McGee currently maintains Errors and Omissions Insurance with limits of liability of at least $1,000,000. Thomas McGee will continue to maintain such insurance. Thomas McGee will advise SHAWNEE COUNTY if such insurance is terminated for any reason.

Notwithstanding anything elsewhere in this Agreement expressed or implied to the contrary:

1. All outside parties shall be engaged by Thomas McGee on behalf of SHAWNEE COUNTY. Thomas McGee shall not be responsible for the performance or lack thereof, or for the results of such performance by any person or party whose charges or costs are defined in this Agreement as an Allocated Loss Expense.

2. Thomas McGee shall not be held accountable for increased costs or expenses to SHAWNEE COUNTY because of any contention that any portion of this Agreement could have been handled in a different manner, except that Thomas McGee may be held accountable for its own negligence.

3. SHAWNEE COUNTY shall indemnify and hold harmless Thomas McGee against the results of any decisions made by Thomas McGee regarding the operations of the Program unless such decisions were based upon the negligence ofThomas McGee to properly comply with its duties hereunder .

.sba\\neecounty 2015.docx 4

SHAWNEE COUNTY agrees to pay the cost of defense, indemnify and hold harmless Thomas McGee against all liabilities, claims, actions, expenses, obligations, losses, fines, penalties, and assessments arising out of the performance ofThomas McGee's obligations in administering the Program. However, Thomas McGee shall be responsible for its own negligence or deliberate failure to comply with this Agreement. Thomas McGee shall indemnify and hold harmless SHAWNEE COUNTY for claims or actions resulting from its negligence.

ARTICLE Vlll. TERM AND TERMINATION

The term of this Agreement shall commence as of August 1, 2015, and shall continue in full force until July 31, 2017. This Agreement may be renewed for an additional two years subject to adjustment outlined in Exhibit A unless specifically canceled by SHAWNEE COUNTY with a minimum of 60 days prior written notice to the anniversary date of this Agreement.

Effective upon termination, all files and other materials of SHAWNEE COUNTY will be delivered to SHAWNEE COUNTY in accordance with the terms and provisions of this Agreement.

Thomas McGee may terminate this Agreement by giving SHAWNEE COUNTY 60 days prior written notice to the anniversary date of this Agreement.

This Agreement may be terminated by either party for cause upon the failure of the other party to cure a breach of this Agreement within 10 days following receipt ofwritten notice of breach by the non-breaching party. Notwithstanding the foregoing, either party may immediately terminate its obligations under this Agreement in the event that it believes in good faith that it is in immediate danger of suffering irreparable harm from the continued operation of this Agreement.

At the end of year four of this Agreement, it is agreed future agreements may be amended at the anniversary date upon the mutual agreement of both parties. Should the parties not agree, the Agreement shall not continue notwithstanding the above.

ARTICLE IX. DEFINITIONS

1. "Allocated loss expenses" as used in this Agreement means any costs or expenses incurred by SHAWNEE COUNTY or by Thomas McGee on behalf of SHAWNEE COUNTY as a result of Thomas McGee or SHAWNEE COUNTY engaging the services of a firm or person outside of the Thomas McGee organization for work in connection with the investigation, adjustment, settlement or defense of a claim. Allocated loss expenses include, but are not limited to, the following: subrogation; rehabilitation; all court costs, fees and expenses; fees for service of process; fees to attorneys; the cost of services for investigations or adjustment of claims in areas removed from reasonable access to Thomas McGee salaried employees; the cost of Thomas McGee employee travel; the cost of employing experts for the purpose of analysis, or for

shawnee county 2015.docx 5

expert advice or opinions; the cost of obtaining copies of any public records; the cost of depositions and court reporters or recorded statements; medical case management; medical cost management; hospital audits and drug audits. Allocated loss expenses are not included within Thomas McGee fees and shall be paid as part of claim expenses.

ARTICLE X. MISCELLANEOUS PROVISIONS

SHAWNEE COUNTY shall notify Thomas McGee immediately upon filing of Bankruptcy or Reorganization papers with an appropriate court of jurisdiction. Thomas McGee shall have the option at its sole discretion, and notwithstanding anything to the contrary within this Agreement, to cancel this Agreement without any prior notice. Should Thomas McGee decide to cancel, it shall have no further obligation under this Agreement to provide any further services whatsoever.

This Agreement may not be transferred, assigned or conveyed by SHAWNEE COUNTY in any manner to any other person or organization without prior written acceptance by Thomas McGee.

This Agreement shall be construed under and in accordance with the laws of the State of Kansas. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been included in this Agreement. This Agreement and all attachments, exhibits and amendments constitute the sole and only Agreement of the parties with respect to the subject matter described herein, and any prior understandings or written or oral agreements are void and of no effect. This Agreement may only be amended in writing signed by both parties.

Any notice given hereunder by either party to the other party shall be in writing and may be effectuated by delivery of US Certified Mail. Notice hereunder shall be sufficient if properly addressed and mailed to:

sba\Wee cowty 201S.docx

Shawnee County Assistant County Counselor 200 SE 7th Room 100 Topeka KS 66603-3971

Managing Partner Thomas McGee, L.C. P.O. Box 419013 Kansas City, Missouri 64141-6013

6

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on their behalf by the undersigned duly authorized persons.

DATE: _______ _

DATE: July 27.2015

shawnee county 2015.docx

BY: __________ _ Kevin, J. Cook, Chair Shawnee County Commission

BY: b~-~/IU1. Thomas McGee, L.C.

7

Rev. 09/2013 ATTAOIMENTTO

SUAWNEE COUNTY CONTRACT C ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to ~w attached and made a part thereof. said,J.Pillract being dated the · · day of .:::;Jb.'; , 20~.

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

2. AGREEMENT WITH I<,\NSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be. litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to. governed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-ll 0 I el seq. If, in the judgment of the Financial Administrator. Audit-Finance Office, sufficient funds are not appropriated to continue the function perfonned in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give \vritten notice of termination to contractor at least thirty (30) days prior to the end of its currcni fiscal year. In ihc event this agreement is tenninated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred. through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAI~n:R OF LIABILITY. Neither the County of Shawnee nor any deparhnent thereof shall hold harmless or indemnifY any contractor for any liability whatsoever.

5. ANTI-DISCRIMINATION CLAUSE. 111e contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA) and to not discriminate against any person because of race, religion, color, sex. disability, national origin or ancestry, or age in the admission of access to or treabnent or employment in, its programs or activities; (b) to include in all soiicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to inClude those provisions ih every subcontract or purchase order so that they are binding upon such subcontraCtor or vendor; (e) that a failure lo comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs. the contract may be cancelled. terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

6. ACCEPTANCE O•· CONTRACT. TI1is contract shall not be considered accepted, approved or otherwise effective until the required approvals ond certifications have been given and this is signed by the Board of County Commissioners of the County of Shawnee, Kansas.

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

8. REPRE§ENTATIVE'S AU!IIORITY To CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by . the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONS1D1LITYFOR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

I 0. INS!IBANCE. The County shall not be required to purchase. any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A . .75-610 I er seq.), the vendor or lessor shall bear the risk of any loss or

-damage to any personal property to which vendor· or lessor holds title.

Daij? /



Date:

ATTEST:

Cynthia A .. Beck; Shawnee County Clerk

I::JThomas McGee, L.c.® RISK SOLUTIONS I SINCE 1910

EXHIBIT A

SHAWNEE COUNTY KANSAS

FEE AND SERVICE SUMMARY

EFFECTIVE: 8/1/2015

Thomas McGee, L.C. will provide all of the following services on a fixed fee per claim basis payable annually based upon an estimated level of activity per claim category. This estimate will be audited annually and will be subject to a minimum claims fee of $45,000.

FEE BY TYPE OF CLAIM Ill:

./ Medical Only Claims 121

./ Indemnity/Lost Time Claims

./ Record Only

./ Administration (Annual)

$152 each $896 each $ 35 each $9,975 annually

(1) These rates will remain unchanged for the initial two years ofthe contract. Following these two years, the rates will be adjusted annually based upon the most recent Average Consumer Price Index as published semi-annually by the Bureau of Labor Statistics for Kansas City MO-KS area.

(2) Medical Only claims are defined as claims administered by a Thomas McGee Claim Technician which meet the following criteria:

a. Medical payments do not exceed $2,500 b. No payments are made for·lndemnity/Lost Time or Vocational Rehabilitation c. No settlement authority is required

Our services include the following:

+ We will provide claims administration I adjusting for an unlimited number of claims, including "medical only" and "indemnity".

+ We will provide record keeping for an unlimited number of "incident reports".

+ We will provide on-line loss reports formatted to fit your business needs. In addition, we will provide on-line loss reports to your Excess carrier and the State, year-end 1099 forms and annual State reports.

+ We will provide on-line claim reporting.

+ We will provide account set-up and maintenance of account.

+ We will provide an annual Stewardship Report upon the end of your policy year.

+ We will utilize a PPO program to help reduce your medical expenses whenever possible.

+ We will meet you quarterly on any claim(s) that exceed $10,000 in value to insure you are aware of all the facts and direction the claim will take.

Thomas McGee, L.C.- Third Party Administration of Claims- Response to RFP No. 026-2015

r::JThomas McGee, L.c.® RISK SOLUTIONS I SINCE 1910

+ We will manage any litigation that may come up with an attorney of your choice.

+ We will aggressively pursue any opportunities for recovery from third parties upon your approval to do so.

+ Thomas McGee agrees to implement claims reporting requirements in compliance with the Medicare Secondary Payer Mandatory Reporting Provisions in Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007. Said reporting requirements will include the submission of potential workers compensation claims that would become subject to the Act, review of the results provided by the Center for Medicare Services (CMS), and reporting of claims data as specified by the CMS in a format acceptable to the CMS for those claims identified by the CMS.

+ Shawnee County agrees to hold Thomas McGee, L.C. harmless for the reporting of claims to CMS for claims not managed by Thomas McGee, L.C. unless the claim information has been reported to Thomas McGee. L.C. in a complete form and in a timely manner consistent with the requirements of CMS.

+ Any costs associated with the management of claims imposed by State or Federal regulatory changes have not been included in this Agreement. Any additional costs imposed such as for Electronic Data filing will be in addition to the fees quoted herein. Thomas McGee will invoice SHAWNEE COUNTY KANSAS for any additional fees due to regulatory requirement changes during the term of this Agreement.

+ The fees stated above do not include the transfer of electronic data in or out of our claims management system. Costs associated with the electronic movement of data are considered to be ancillary services and will be quoted separately based upon the specific requirements of the project.

IN WITNESS WHEREOF, the parties have caused this agreement to be executed on their behalf by the undersigned duly authorized persons.

DATE: BY:

SHAWNEE COUNTY, KS

DATE: BY:

July 27, 2015

Thomas McGee, L.C.

Thomas McGee, L.C.- Third Party Administration of Claims- Response to RFP No. 026-2015

County

5 . recreat1on

July 27, 2015

TO:

FROM:

RE:

Board of Commissioners ~

Shawnee County ,\\

John E. Knight, Directo~ Parks & Recreation

Upcoming Events - August 2015

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT DIRECTOR

3137 SE 29TH ST. TOPEKA, Ks 66605-1885

(785) 251-2600 j ohn.knight@snco. us

Board of Commissioners recognition is requested for the upcoming major community-wide events for the month of August. Parks & Recreation plays an important role in the development and operation of community interest events.

Big Screen under the Stars, date has changed from August 8, to July 31, 2015, 9pm -llpm, Bettis Family Sports Complex Big Screen under the Stars will be held on July 31, to participate in the celebration of National Recreation Month- July. Bring your entire family, lawn chairs and blankets and enjoy the movie Toy Story. Concessions will be available. Gates open at 8pm. Admission is free.

Ballet in the Park, August l, lOam and 11:30am, Gage Park Amphitheatre This year's ballet is called The Fairy Doll and is a charming one act ballet about a toy store that comes to life after the shop closes each night. Admission is free.

10th Annual Topeka Big Shunga Run 8K Run, 5K Walk, Saturday, August l, 7:30am, Crestview Community Center Run/Walk will start at Crestview Community Center and travel the Shunga Trail and into Big Shunga Park. Awards will be given in several divisions. Participants must be 13 and over. Call 251-2960 for more information and registration.

Evening Concerts in the Park, August 2, 7pm, Gage Park Amphitheatre Kaw Valley Comet Band, Free

5th Annual National Night Out Against Crime, August 8, llam-lpm, Oakland Community Center This is an event sponsored by Safe Streets in partnership with various local law enforcement agencies to give children and community members a safe event while also raising awareness toward crime prevention. Participants can enjoy free food and drinks, music, vendor booths, and entertainment. Car and truck show. Rain date August 9, same time.

Evening Concerts in the Park, August 19, 7pm, Gage Park Amphitheatre Topeka Blue's Society, Free

India Festival, August 29, Big Gage Shelter/Bandshell, lOam- 2pm Since 2003, India Fest has achieved its goal of introducing Indian culture in its myriad forms to the people of Topeka. The event offers diverse cuisine from different regions of India, photo opportunities in traditional Indian garb, and mehendi or henna application. All of the food is homemade and donated. There is also a sale of Indian handicrafts and costume jewelry.

2015-2016 Legend Triathlon, August 29, Sam- 2pm, Lake Shawnee This is a new brand new event for Lake Shawnee. This event will bring in Athletes from across the state of Kansas and the entire country to Lake Shawnee. The Silverback Enterprise group is also the group that runs the Topeka Tinman Triathlon in June.

JEK/gcl RL

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