board of county commissioners agenda monday, … · board of county commissioners agenda monday,...

BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, SEPTEMBER 15, 2014, 9:00A.M.

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

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Reflect that the Commissioners signed a letter of support for a property exemption status for Community Action's property located at 1000 SE Hancock.

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

(a) Contract C314-2014 with Dennis Rogers to set up a Native American encampment and to perform at the Apple Festival at a fee of $700.00.

(b) Contract C315-2014 with Dana Rodenbaugh to provide roving music at the Apple Festival at a fee of$475.00.

(c) Contract C316-2014 with SMG Production Co., Inc., to play music at the Apple Festival at a fee of$450.00.

(d) Contract C317-2014with Gregory A. Fox to perform at the Apple Festival for a fee of $100.00.

(e) Contract C318-2014 with Debra Bisel to welcome visitors and introduce acts at the Apple Festival at a fee of$150.00.

(f) Contract C319-2014 with Laura McLemore for a re-enactment and craft demonstrations as Laura Ingalls Wilder at the Apple Festival for a fee of$225.00.

(g) Contract C320-2014 with Theresa Duncan to instruct classes and assist with pre-school programs at Crestview Community Center, with a fee of $8.00 per class.

(h) Contract C321-2014 with Caroline M. Doel to instruct classes and assist with pre-school programs at Crestview Community Center, with a fee of$8.00 per class.

3. Consider authorization and execution of Contract C322-2014 with InfoSeal/PS Service Division for annual maintenance ofthe PS-300 folder/sealer in an amount of$2,050.00-Information Technology.

4. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $3,267.12-District Attorney.

5. Acknowledge receipt and consider approval of the Commission meeting minutes of June 2, 5, 9, 12, 16, 19, 23, 26, and 30, 2014-County Clerk.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. COUNTY COUNSELOR- Rich Eckert

I. Consider claim of Lei Sowell for damage caused by sewer backup.

C. EMERGENCY MANAGEMENT- Dave Sterbenz

1. Consider authorization and execution of Contracts C323-2014 and C324-2014 with the Northeast Kansas Homeland Security Council for the transfer of two laptop computers.

2. Consider approval of out-of-state travel for an employee to attend training at the Center for Domestic Preparedness with no cost to the County.

D. PUBLIC WORKS/SOLID WASTE -Tom Vlach

1. Consider approval of request to solicit bids and/or negotiate for purchase of new/used capital equipment as follows:

(a) Two single-axle dump trucks with snow plow and sander attachments for an estimated cost of $120,000.00 each less trade-in.

(b) Sweeper truck (used/refurbished) at an estimated cost of$40,000.00 to $70,000.00. (c) Vibratory trench roller compactor at an estimated cost of $40,000.00.

E. APPRAISER- Mark Hixon

1. Consider approval of request to fill a vacant Personal Property Office Manager position at an annual salary of$41,620.00, including benefits.

F. HEALTH AGENCY- Alice Weingartner/Allison Alejos

1. Consider authorization and execution of Contract C325-2014 with Health Initiatives, LLC for consultant services regarding the development of the Fetal and Infant Mortality Review Project for the Health Agency,

G. CORRECTIONS- Brian Cole

1. Consider authorization and execution of Contract C326-2014, amendment to food services contract with Aramark Correctional Services, LLC to meet standards for the Juvenile Detention Alternative Initiative for quantity and quality of nutrition offered for juvenile resident meals from August 1, 2014 through September 30,2014 at an estimated cost of$3,000.00.

2. Consider approval of emergency purchase of a backflow prevent in the Juvenile Detention Center at an estimated cost of$5,300.00.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

September 8, 2014

Ms. Susan M. Wheatley, CCAP

Community Action, Inc.

P. 0. Box 5256

Topeka, KS 66605

Dear Ms. Wheatley:

Shawnee County ~ Board of Commissioners 1

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

The Shawnee County Board of Commissioners would like to express our support of your application for a

property tax exemption status for the property Community Action owns at 1000 SE Hancock.

Community Action provides many services that are necessary to meet our community needs. Those

services include the homelessness prevention with rent and utility assistance, weatherization, affordable

housing leasing services, elderly services, Latino family development, youth services, income tax

preparation and distribution of commodities. These services help make the community and better place

to live and make Shawnee County a stronger community.

As Commissioners, we are very appreciative of Community Action's contributions and are hopeful you

will be successful in obtaining the property tax exemption status.

Sincerely,

~ i·~L _v~:::fc;::he;;...r_______ Ke~~ Cook\

Chairman Vice Chairman

//0~ Michele A. Buhler

Member

200 SE 7th Street, Rm. B-11, Courthouse Topeka, Kansas 66603-3933 (785) 233-8200 ext4040 ·Fax: (785) 291-4914 ·E-Mail: [email protected] ·Internet Address: www.snco.us

,-....., ())

a 12' SHAWNEE COUNTY

SHAWNEE COlJNTY

PARKS & RECREATION

JOHN E. KNIGHT DIRECTOR

3137 SE 29'11 Sr. TOPEKA, Ks 66605-1885

(785) 251-2600 [email protected]

PARKS~RECREATION

September 10,2014

TO: Board of Commissioners

Shawnee County ~

John E. Knight, Director Parks & Recreation

FROM:

RE: Service Contracts

Board of Commissioners approval is requested on the attached Service Contracts. The development and utilization of privatization and partnerships for program offerings has been a department priority and is addressed in our Strategic Program Plan. The Service Contract is a valuable tool used by Parks & Recreation to provide compensation to citizens who desire to share their skill and talent with the public as independent contractors.

The following Service Contracts recommended for privatization and/or partnership program offerings is:

Contractor

Dennis Rogers

Dana Rodenbaugh

SMG Production Co, Inc. Gregory A. Fox

Debra Bisel

Laura McLemore

Theresa Duncan

Caroline M. Doel

Services Provided

Set up Native American encampment with artifacts and perform at Old Prairie Town Apple Festival, fee of $700, paid by Shawnee County Parks & Recreation Foundation. Provide roving music at Old Prairie Town Apple Festival, fee of $475, paid by Shawnee County Parks & Recreation Foundation. Play music at Old Prairie Town Apple Festival, fee of $450, paid by Shawnee County Parks & Recreation Foundation. Perform at Old Prairie Town Apple Festival, fee of$100, paid by Shawnee County Parks & Recreation Foundation. Welcome visitors and introduce acts at Old Prairie Town Apple Festival, fee of$150, paid by Shawnee County Parks & Recreation Foundation. Re-enacting and craft demonstrations as Laura Ingalls Wilder at Old Prairie Town Apple Festival, fee of $225, paid by Shawnee County Parks & Recreation Foundation. Instruct classes and assist with pre-school programs at Crestview Community Center, fee of $8 per class. Instruct classes and assist with pre-school programs at Crestview Community Center, fee of $8 per class.

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Shawnee County Parks & Recreation staff partners with for-profit, non-profit, governmental entities and private individuals/companies that are interested in partnering with Shawnee County Parks & Recreation for the development, design, construction, and operation of partnered recreational facilities and/or programs. Similarly the department utilizes the privatization or transferring existing County functions to a non-County entity for improved efficiency and/or competitive cost concerns.

The fees charged for participation in programs are established to meet the department's cost recovery goal of 90%-120% of direct costs. However, program personnel have flexibility to meet the department's goals of maximizing participation, provision of diverse program offerings and efficient facility usage.

JEK/lk Attachment( s) RL

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SHAWNEE COUNTY CONTRACT NO. C ") I L( -2014

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 (Co~ty), THE S~: ~OUN~S AND RECREATION FOUNDATION (FoundatiOn) and .· ~\S ~~ (Contractor). ·

1. SERVICES TO BE PERFORMED

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

·~:i:~~~!~~~:1w~s This Agreement shall commence on Oc.+6 ber , 5 201 '{, and shall end on dc.4ober , _S_, 201 ({,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 Compensation

Arete. ~~ a AA-4ii.JC.. Amer;c~ $

~e.s+.·u~\ ell~~fllJm ttl t\- w 1 +,p.· ct-ar .J.rC1e+~ "JOD.~ 10/s/l'i ~r.Qr~ Of\ fYlQ,·t\ ~~0e.. .

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.

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Contractor, Foundation and County agree to the following rights consistent with an independent Contractor relationship:

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

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

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

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damage to property ansmg 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

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

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Foundation. Parties to this contract understand that subsections (b) tlu·ough (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.

9. ACCEPTANCEOFCONTRACT.

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.

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c. Contractor shall comply with all federal, state and local laws requiring business pe1mits, certificates and licenses required to carry out the services to be performed under this Agreement.

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 SHAWNEE COUNTY PARKS AND RECREATION FOUNDATION

5

Date:~\A_~ '2/ 120\.'\--

~ T ~-e_Q-j cth.e~r ~~~\S as$l-s\--t~~ \N\.~ ~6 '6-e.CA_~, {\~ ~) A'(-1.)._\Jv\W\C:.Xl

S~\A(J -e.._~--

;/- \<i~\_\ '<'-e_-e__6_ (S) ~<xSSe5 ~L'lA. vo.-cK-e\:,

6

Approved as to Legality and Fonn: Date ~-i'f"f

~M ASST. CO. COUNSELOR

SHAWNEE COUNTY CONTRACT NO. C J I 5 -2014

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 _DANA RODENBAUGH __ (Contractor).



____ Entertainment for Topeka Apple Festival including roving music throughout venue from !lam-3:30pm Oct 5, 2014 Band: Smashing Bumpkins _______ _

This Agreement shall commence on _October 5_, __ 2014_, and shall end on __ October 5__/ __ , 20 14_, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT


Task Duties Compensation Entertainment Roving music throughout venue, 11 am-

Smashing Bumpkins 3:30pm $475.00



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:

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



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

5. INSURANCE

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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 ~my 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 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.

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


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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ATTEST:


___________ ,Chair

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



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

Printed Name: _Dana Rodenbaugh __ _

Address: 36 Cedar Trail, Woodland Park, CO 80863

Date: \;)Jh.. 3 0 1 2 D I LJ ------~~~~r-~---77-~~=--=L~

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Approved as to Legality and Form: Date ~1-t'f

.vf'J ASST. CO. COUN ELor:.

SHAWNEE COUNTY CONTRACT NO. C ) l b -2014

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES (SHAWNEECOUNTYPARKSANDRECREATIONFOUNDATIONFUNDING)

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (Com:ty), THE SHAWNEE, ~OUJ'}fY :t:ARKs AND RECREATION FouNDATION (Foundation) and SYKG. f>fbtxt.tc.flfl£4 C6.1Tvt C,

> (Contractor).



't:1t<f ~~{£:;(( , a+ .IJ;;Jlf-e fJ0 -h ;;C\ I

This Agreement shall commence on Ocl- ~ , £ 20 ~. and shall end on OC...t- , _s-, 201'4:, unless this Agreement is terminated sooner or extended

in accordance with its terms.

2. PAYMENT



Pel-\ot'v""-'t~\.<..e. 5 \ltt.j ~SA~

.. $ .1/ c:;[).EE. V\AUL~l(j

.a-t j C)) It\ OCIJ\.)

d-3 p~IA.




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damage to property ansmg out of, or connected with, work performed under tllis Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.

5. INSURANCE


6. OWNERSIDP OF PRODUCTS/DOCUMENTS



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 tennination 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.



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Foundation. Parties to this ~ontract 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.

9. ACCEPTANCE OF CONTRACT.











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ATTEST:


__________________ ,Chmr

Dme: ______________________________ _


FOUNDATION SHAWNEECOUNTYPARKSAND RECREATION FOUNDATION

5

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

CONTRACTOR

5 HAG 'f-} .:du.c tr 'jy, Co~' ..L'vt c..

Printed Name: Sa IAA\':::-~~--=-----------

Address: )4-2.0 ~ I<.J·e7-bv-e( RJl ·-,-::.,lJek:.?\1 Jc 'S.. &(of.o Of

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

6

Approved as to Legality and Form: Date q-s -tv

~ ~ u1 ASST. CO. COUN ELOR'

SHAWNEE COUNTY CONTRACT NO. C ) t f -2014

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 (Co~ty), THE SHAW~E ~OUNTY PA~ AND RECREATION FOUNDATION (FoundatiOn) and C:14G.:.-r,~y· tl . 1-r'/' (Contractor).



SIN&@ 4;-y/e f4tl 2otl/

This Agreement shall commence on (jc.__ ~ . , S 201 4, and shall end on ()c.:-\-- , _6_, 201 ~' unless this Agreement is terminated sooner or extended

in accordance with its terms.

2. PAYMENT



~( Q.x rY\. 0 (\ <L.-

$

Apple Festv. 100.~ ~ 5 m ; nLA -\e_ ~e+- o"

Oc+L ~2G1 '-' +l~ ma.~n S-k;~e. du(if¥\ AppiQ_ t=es-t:·uc; \ ~




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damage to property ansmg 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








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Foundation. Parties to this contract understand that subsections (b) through (e) of this paragraph nwnber 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.






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






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ATTEST:


__________ ,Chair

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



5

CONTRACTOR ~JZ t1tzv a yt· --A

Date: --v.-&;-r--/=-.!..2-Hl4-~ /-=-·Za____!.__l ~~--

6

Ar;')proved as to L~galrty and Form: Date~/_,"

ASST. CO. COU S~OR

SHAWNEE COUNTY CONTRACT NO. C j f i -2014

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


the following services for County and/or the Foundation:

?-~f,v-~

This Agreement shall commence on Oc ±6bC-\ , b 201 4, and shall end on Qc.:.tobe..c , 5 , 2014., unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT



GJe_lCo~~~ ll ;s;\ors $

£fY\cee_ .JLSo.oa Apple- f"e-~iuq_\ -:::[(\-\fcciL.c ill~ ac+s o" -t-k (Y\CltC\ 6· :.5 e..




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



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damage to property ansmg 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, subcontract-ors or employees.

5. INSURANCE







The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 I 031 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

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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.










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


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ATTEST:


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

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



5

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

Approved as to Legality t Ci'$-'1'1

and Form: Da e ~ uJ = ,ASST. CO. COUSELOR

6

SHAWNEE COUNTY CONTRACT NO. C J It -2014

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 LAURA MCLEMORE{ Contractor).



Four hours of re-enacting and craft demonstration as Laura Ingalls Wilder and one Main Stage program.

This Agreement shall commence on October 5, 2014, and shall end on October 5, 2014, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT



Performer Four hours of re-enacting and craft $225.00 demonstration as Laura Ingalls Wilder and one Main Stage program.



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










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


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

5. INSURANCE

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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 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.


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ATTEST:


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

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



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

5

CONTRACTOR

Printed Name: Laura McLemore

Address: 915 S. James Ct., Maize KS, 67101

Date: August 18, 2014

6

SHAWNEE COUNTY CONTRACT NO. C )~O -2014


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


Contractor agrees to perform the following services for County:

Instruct Mini Tumbling, Pre-Ballet, Pre-School programs and activities.

This Agreement shall commence September 6, 2014 , and shall end on December 21, 2014, 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:


Instruct and promote Instruct classes and help with pre-school $8 per class Mini Tumbling and Pre programs at Crestview Community Center. Ballet classes at Crestview Community Center

Plan and assist with pre-school events:

Princess Tea Party, pre-school programs and activities.



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.


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


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, including reasonable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any

2

acts or 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. 121 01 et seq.) [AD A] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas

3

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


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


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.




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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 Agreem~nt did not contain the particular portion or provision held to be void.

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

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

ATTEST:


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

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


Printed Name: ·rtsSC\ DuaCC\.(1 Address: \ \.\?:)1_ ~"\) \o\V\ X\\tt . \\\?L\Qn~r \\) \\ Date: ~ 1·4~ I \ l\

@) 5

Approved as to Legality t '7-lf-1'-( and Fonn: Da e --

~~--ASST. CO. COUNS La~·~

SHAWNEE COUNTY CONTRACT NO. C ) )..., \ -2014


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and CAROLINE M. DOEL (Contractor).


Contractor agrees to perform the following services for County:

Instruct Mini Tumbling, Pre-Ballet, Pre-School programs and activities.

This Agreement shall commence September 6, 2014 , and shall end on December 21, 2014, 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:


Instruct and promote Instruct classes and help with pre-school $8 per class Mini Tumbling and Pre programs at Crestview Community Center. Ballet classes at Crestview Community Center

Plan and assist with pre-school events:

Princess Tea Party, pre-school programs and activities.

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.

1


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:



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.


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


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


2

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

5. INSURANCE

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 advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with

3

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.


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.


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.


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.



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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:


__________ ,Chair

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


CONTRACTOR

~~!a vN-C Printed Name: ~D\\0~ 1\'\. Dee)

5 Approved as to Legality and Fonn: Date·'[,~'"

ASST. CO. COUNSELOR

Address: 7; to·sa SW P-onlf\Y'x:a:\ c\

Date: ~f1Q./ \U..,

6

~ Shawnee County ~

Information Technology Room 205, Courthouse

200 SE 7th Street

Topeka, Kansas 66603-3933

Memorandum

DATE: September 10, 2014

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Service agreement with lnfoSeai/PS Service Division.

Please consider for approval a one year service agreement with lnfoSeai/PS Service Division for the PS-300 folder/sealer. The folder/sealer is used during the processing of voucher checks, Treasurer checks, and other statements and mailings that are regularly produced by various departments.

Funding to support this issue, $2,050.00, is contained within the Information Technology 2014 budget.

It is requested that this issue be included as a consent item for consideration by the Board of County Commissioners.

CPO/mro

fax 785-2.91-4.907 phone 785-2.1.1-8200 Ext. 40.10

I. Geneml Information:

I11foSeal, LLC 1825 Blue Hills Circle Roanoke, VA 240 12

&88-606-4636, fhx: 888-652-~636

S~rvice Agreetnent

This Agt·eement is made with: Shawnee County Conrthouse 200 SE 7111 Stl'eet Topeka, KS 66603

The point of contact will be: Pat Oblander@ 785-233~8200. x4506

This Agt·eemcnt is for a PSw300 loldet·/scaler system with serial nmnbel' 300.465.

The cost tot· this 12-Month Service Agl'cement is $2,050.00. The coverage period begins October 27, 2014 ond end~ October 26. 20 IS.

2. The following items are included as part of the Service Agreement. o Telephone Suppm·t and/ot' On-Site l\'laintenancc- This would include adjustments and

replacement pm·ts (excluding consumables- Separator Pads, In feed Rollers, Exit Rollers, Fold Roller Bearings und Bcnl'ing Housings, Fold Rollers, Sealing Rollers~ Fuses and Fold Plate::;) required to maintain equipment in opel'flting condition. Inoperative parts replaced by InlbSeul will become the property of lntbSenl, LLC.

It Pel'iodic Maintenance- This will be provided at one ( 1) occurrence during the Agreement. A PM will be part of another visit. A PM will not be the sole reason for dispatches. A PM will consist ofmutine maintenance to keep equipment operating properl)' in an attempt to reduce the likelihood of failUI'e.

3. Coverage Schedule- This agreement covet's service dming \Vorking hours. Noniwl service hours are 8:00a.m. -5:00p.m. Monday through Friday. Contact TnfoSeal at (888) 606-4636. This agreement does not include coverage on the following holidays.

New Year's Day P1·esident's Day Good Friday Memorinl Day Independence Day Labor Day Thanksgiving (Th\ll'sday & Friday) Christmas Eve & Christmas Day National Holiday

4. Response Time- It is InfoSeal, LLC's objective to provide phone support response within four (4) business hom·s. If phone support determines that an on~si te visit is required, the on~site support will be next dety fl'om initinl contact.

5. Equipment Condition- Both InfoSeal L.L.C. and Shnwnee County Courthouse agree the equipment is In good condition, pl'ior to the start of this Agreement.

6. Services Not Covered- The following services are not included: o Equipment moving or relocating o Eqllipmcnt set-up/configuration Ot' other noiHepair sei·vices o Customct' training fm· new operntot·s o Software updates o PI'Oblems ns n result of customc1· operating equipment in o mnnnet· not conforming to

specifications including the usc of' non-pt'essure seol tol'lns o Replncenient of motors ot· electrical components as nrcsult of improper incoming powe1· o Rebuilding ot· reconditioning equipment o Customer requested on-site suppot·t when the cause ofn problem is not mechanical o1· a machine

malfunction. Such coils will be billed under cw·rcnt time and matel'inlrates. 7. Customer Responsibilities- Customer will design ale one (I) pt•ima1·y operntor and at lenst one (I)

olternatc. This will be the primary contuct for service. This indiviclual will be responsible lor: o Providing initial problem solving for users o Request service aflel' a problem is determined to be an equipment malfunction o t\'lainlain eqttipment inn proper environment (i.e.: power, level sul'fhcc, tumed on & off

npprop1·intely, etc.) o Se.!ting nnd n<Uusting lold plates o Provide se1·vice tech withal least 50 printed on forms to test in the machine o Cleaning of in-feed, folding and sen ling rollers o Change consumables as needed. o Assure only tmined personnel operate the equipment.

8. Limitations- This Service Agreement does not cover circwnstnnces beyond lnfoSenl's conii'OI (such as imprope1· use of equipment), acts of God, misuse, or abuse. In addition, lntbSenl is not t•esponsible for uny consequential damages, incidental or accidental injuries regardless of the cause.

9. Pricing- Service Agreements pl'icing will be based on the prim· twelve- ( 12) month history. Futmc Agreements will be modified based upon the next twelve- (12) month results.

I 0. Terms and Cnncellation- Terms are NET l 0. This agreement may be canceled by the custome1· with n wdtten 60 day notice .. Howevc1·, lnfoSea! wiJI determine, based upon history, at its sole opinion, the mnount of t•efund, if any, to be returned to customer.

II. Payment- If invoices nrc not paid within te1;ms, service mny be stopped until the open balance has been paid.

12. Tl'nnsfer- Ag1·eement is with above custome1· only. If equipment is sold, this Agreement does not tmnsfer with the equipment.

J J. Contacts- The pdmmy contact fo1· requesting service will be lntoSeal, L.L.C. at 888-606-4636. It is IntoSeal L.L.C. intention to provide on-sile !iervice tlll'ough n quafit1cd 310 pm·ty reporting to lnfoSenl, L.L.C ..

14, Renewals- Fot· each subsequent year, this Service Agreement will renew automnticully, with incrce1se not to exceed I 0%. If, !()I' any l'cason, nn increase greater than I 0% is required, the renewal wi II not be automatic nnd n new Service Agreement will be agreed to. Both parties may cancel no lat.er than 30 days priol'lo the nnnivet·sary date of the Agreement.

Shawnee County Comthouse:

By:_. __________________ __

Title:

Date:--:--,------------J\greemcnt Number: 300.465 S~(l!Cmh~r/20 14/W"I'

Approved as to Legality and Form: Dt\te ~~o-ty

~·- ···~ -- . ~- = ~~= ASST. CO, COUNSELOR

By: John Bat'!'

Eqt1ipment Sc1'vice Mnnuger

Date: ---l('--1-" ./c_8+A.:._'Jf--f ___ _

TO:

FROM:

DATE:

RE:

OFFICE OF THE DISTRICT ATTORNEY THIRD JUDICIAL DISTRICT OF KANSAS

Chadwick J. Taylor, District Attorney

MEMORANDUM

Board of County Commissioners

Chadwick J. Taylor, District Attorney

September 10,2014

Request for Diversion Fund Payments

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

1) City ofTopeka Parking Section for monthly validation fees for August 2014 a) Invoice No. PI 00004109 dated August 29, 2014 in the amount of$132.00

2) Clerk of the Circuit Court, Tavares, FL for copies of records a) Invoice dated September 4, 2014 in the amount of$43.00

3) Clayton Paper & Distribution, Inc. for copy paper a) Invoice No. 72302 dated August 26, 2014 in the amount of$247.20 b) Invoice No. 72510 dated September 2, 2014 in the amount of$247.20

4) Davison, Sarah for transcript fees a) Invoice No. 14017 dated September 9, 2014 in the amount of $43.00

5) Ellis, Diana for transcript fees a) Invoice dated September 4, 2014 in the amount of$185.50

6) Flory, Marci for transcript fees a) Invoice dated September 2, 2014 in the amount of$49.00

7) Independent Stationers for office supplies a) Invoice No. 451578 dated August 29, 2014 in the amount of $340.33 b) Invoice No. 452239 dated September 3, 2014 in the amount of$5.79

8) Integrity Transcription for transcript fees a) Invoice No. 3577 dated July 15, 2014 in the amount of$990.00

9) JayHawk File Express for imaging and indexing services under Contract C23-2013, C20-2013, and C21-2013 [BCC Approved Contracts on January 10, 2013] · a) Invoice No. 108592 dated August 31, 2014 in the amount of$305.05 b) Invoice No. 108591 dated August 31, 2014 in the amount of $463.05

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

1 0) Jay Hawk File Express for monthly pick-up and shredding of confidential documents and media under Contract C22-2013 [BCC Approved Contract on January 10, 2013] a) Invoice No. N652482 dated September 1, 2014 in the amount of$216.00

The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above itemized invoices, in the total amount of$3,267.12, to be paid from the Diversion Fund account.

tTY DESCRIPTION

1 08/04 TOWN 1VCHR 1 07/31 PK N SHOP 1VCHR 1 08/04 PK N SHOP 1VCHR 1 08/06 PK N SHOP 2VCHR 1 08/11 PK N SHOP 12VCHR 1 08/13 PK N SHOP 5VCHR 1 08/18iJ;( N SHOP 4VCHR 1 08/21 ~~~ N SHOP 5VCHR

~ gg~~~ ~~ ~ ~i~ ' 1 08/15 !i,,;: N sr~~p VC

II ~~~~

nvoice No: nvoice Amount: 1voice Date: >ue Date: ~ustomer No.:

PI00004109 $ 132.00 08/29/2014 09/13/2014

EXT PRICE

3.50 0.50 2.50 3.00

26.00 12.50 8.00 6.50

QTY DESCRIPTION

07/29 PK N SHOP 2VCHR 08/01 PK N SHOP 1VCHR 08/05 PK N SHOP 1VCHR 08/07 PK N SHOP 2VCHR 08/12 PK N SHOP 10VCHR 08/14 PK N SHOP 1VCHR 08/19 PK N SHOP 4VCHR 08/22 PK N SHOP 3VCHR

SHO HR s

:l

EXT PRICE

·I J

\ I

4.00 2.00 2.50 1

5.00 26.00

1.00 1

5.50 ' 3.50 5.00 5.50

1

l ~~" ... ._;.; ... :~~=:'"L-;, j

I I

l I

Account Balance: $267.50

I

I I

I I

.. I I

I

Please detach and remit with payment!

woice Amount: woice No: woice Date:

$ 132.00 PI00004109 08/29/2014

CITY OF TOPEKA

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

Account Balance:

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

Customer No.:

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

$267.50

September 4, 2014

Shawnee County Courthouse

200 SE 7th Street, Suite 214 Topeka, Kansas 66603

RE:· . State ofFlorida v:· Case Numbers:

Dear Ms. Forshee:

Clerk of the Circuit Court

The Clerk's Office received yol.ir request for copies from the above-referenced case. A charge of $1.00 per page is required to obtain copies from files on record with the Clerk of Circuit Court, L~~ _County. ·

•• • .. ;_ l ~-·.rr .

'Af:test Afficfavit/First Appearance Form with Probable Cause 5 pgs. Docket# 1 · Infdfhiation 2 pgs. Docket# 3 Nolle Prosequi, Counts IV & V 1 pg, Docket# 10 Judgment of Guilt & Placing Defendant on Probation 3 pgs. Docket# 12 Judgment with Fingerprints & Sentence 7pgs. Docket# 17 VOP Judgment 1 pg. Docket# 65 VOP Sentence 10 pgs. Docket# 66

The documents you have _requested include a total of 29 pages. Please enclose a self-addressed, stamped envelope and remit $43.00 ($1.00 per page, $2.00 per certification) by cashier's check or money order, payable to Neil Kelly, cierk of the Circuit Court.-

Please enclose a copy of this letter with your payment and address to my attention.

Sincerely,

Neil Kelly Clerk of the Circuit Court • County Court • Board of County Commissioners

550 West Main Street·· Post Office Box 7800 • Tavares, Florida • 32778-7800 .(352) 742-4100 • www.lakecountyclerk.org

CLAYTON PAPER AND DISTRIBUTION ~ . . .1302 ~; -~J3~h·::~P,#f.~t~w .....

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j_ependent Stationers >. Box 677 426 .LLAS, TX 75267

one : 877-872-8599

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

Customer PO #:

n Number

~C364A YALAAA V10630 V20814 V39510 11110 D26321

Description

TONER,HP LJ 4015,BK BA TTERY,INDUST,AAA,8/PK PAD,LGL RULED,PERF,LTR,CA INDEX, BNDR, L TR,JAN-DEC PEN,GEL,R-BALL,MED,BK STAPLER,DSKTP 25/SH,BKSLV BNDR,2",CV,D-RING,BK

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Invoice IN-000451578 Customer Account ........... :· Invoice Date ..................... : 8/29/2014 Sales Order .................... : 50-000455853 Order Date ....................... : 8/29/2014 Payment Terms ............... : Net 30 davs Contact Name .................. : Contact Phone ................ : · Page ................................ : 1 of 1 Payment Method .............. : Check

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

Billing Code Price

$117.33 $7.43 $8.40 $1.11 $2.54

$22.00 $5.79

Sub-Total: Freight:

Sales Tax: Total:

Deposit: Amount Due:

Extended

$234.66 $7.43

$16.80 $6.66 $7.62

$44.00 $23.16

$340.33 $0.00 $0.00

$340.33 $0.00

$340.33

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

'ease remit payment to: ide pendent Stationers .0. Box 677426 ALLAS, TX 75267

Invoice#: IN-000451578 Total Amount Due : $340.33

Customer Name: Shawnee County

Customer Account #: Invoice Due Date : 9/28/2014

Thank you for your Business!

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

dependent Stationers J. Box 677426 ~'LLAS, TX 75267

1one : 877-872-8599

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

Customer PO #:

Invoice IN-000452239 Customer Account ......... .. Invoice Date ..................... : 9/3/2014 Sales Order .................... : S0-000455853 Order Date ....................... : 8/29/2014 Payment Terms ............... : Net 30 days Contact Name .................. : ·, Contact Phone ................. : Page ................................ : 1 ot 1 Payment Method .............. : Check

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

n Number .::D.=..es::..:c:.:.:ri.!:..pt::..:io:.:.:n:__ _________ UOM .9!L_ =Bi~lli.:.::ng"-C.::.o:...:d:.:ce ___ _ Price Extended

D26321 BNDR,2",CV,D-RING,BK EA

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

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

Sub-Total: Freight:

Sales Tax: Total:

Deposit: Amount Due:

$5.79 $5.79

$5.79 $0.00 $0.00 $5.79 $0.00 $5.79

Invoice#: IN-000452239 Total Amount Due : $5.79

Customer Name: Shawnee County

Customer Account # Invoice Due Date : 10/3/2014

Thank you for your Business!

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

Shawnee County District Attorney Chad Taylor 200 SE 7th, Ste. 214

Topeka, KS 66603

STORAGE: 8/1/2014 through 8/3112014 Storage of2.0 cu ft box. Storage of2.5 cu ft box. Storage of 1.2 cu ft box. Storage of 1.5 cu ft box

SERVICES Add standard 1.2 cu ft storage box. Refile a container. Pull a container.

PRIORITY SERVICES Customer access to file, box, or tape. Customer access to file, box, or tape.

MATERIALS JFE Logoed 1.2 cu ft box

INVOICE Invoice No. 0108592 Date: 8/3112014 Acct: DISAT Account PO#: From: 8/1/2014 to 8/31/2014

RATE QTY

(0.3667/30 days) 0.3667 570.00

(0.4583/30 days) 0.4583 86.00

(0.2200/30 days) 0.2200 113.00

(0.2750/30 days) 0.2750 1.00

Page: 1

TOTAL

209.02 39.41 24.86

0.28

----------------- ------------~-----·

wo #0023 7229 8/4/2014

wo #00237229 8/4/2014 wo #00238449 8/27/2014

wo #00238449 8/27/2014

1.9800 2.0000 2.0000

5.0000 5.0000

3.5000

770.00

.1 7 1

Total Amount Due

PLEASE REMIT TO: Jayhawk File Express LLC

P.O. Box 2596- Topeka, KS 66601-2596 785-232-9443- www.jayhawkfile.com

273.57

1.98 14.00 2.00

------------------· 17.98

5.00 5.00

------------------· 10.00

3.50

3.50

305.05

Shawnee County D.A. - Imaging Chad Taylor 200 SE 7th, Ste. 214

Topeka, KS 66603

STORAGE: 8/1/2014 through 8/31/2014 Storage of2.0 cu ft box. Storage of 1.0 cu ft box at minimum rate. Storage of2.5 cu ft box. Storage of 1.2 cu ft box.

INVOICE Invoice No. 0108591 Date: 8/31/2014 Acct: DISAT\IMAGING Account PO#: From: 8/1/2014 to 8/31/2014

RATE QTY

(0.3667/30 days) 0.3667 2.00 (0.2500/30 days) 0.2500 1.00

(0.4583/30 days) 0.4583 5.00

(0.2200/30 days) 0.2200 49.00

Page: I

TOTAL

0.73 0.25 2.29

10.78

----------------- ------·-----------·

RECURRING SERVICES WebFile Express Subscription

PLEASE REMIT TO: Jayhawk File Express LLC

P.O. Box 2596- Topeka, KS 66601-2596 785-232-9443 - www.jayhawkfile.com

57.00 14.05

449.0000 449.00

449.00

Total Amount Due 463.05

,_

Shawnee Co District Attorney's Office 200 SE 7th St Topeka KS 66603

Jayhawk File Express, LLC

P.O. Box 2596

601 SE 5th Street- 66607

Topeka, KS 66601-2596

785-232-9443

DISAT Main Level

Invoice No.: Invoice Date: Work Order No.: Terms:

Printing:

N652482

09/01/2014

UPON RECEIPT

09/04/2014 # 0

,___A_m_o_u_nt_-----'1 Ll __ T_a_x _ ___JI Ll _s_u_bt_o_ta_l _ _J

Services: ios/01/2014- 08/31/2014 216.00 0.00 216.00

!Total Services: 216.00

PLEASE PAY THIS AMOUNT-----> 21s.ooj

Jayhawk File Express, LLC certifies that paper from the containers noted herein has been handled and shredded in a secure, confidential manner, following proper destruction polices and procedures as set forth by the National Association of

Information Destruction (NAID).

TO:

FROM:

DATE:

RE:

Shawnee County

Office of County Clerk CYNTHIA A. BECK

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

MEMORANDUM

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

Board of County f:~issioners

Cynthia A. Beck(~unty Clerk

September 10 1 2014

Board of County Commission minutes

Please acknowledge receipt and consider approval of Board of County Commission meeting minutes for June 2 1 5 1 9 1 12 1 16 1 19 1 23 1 261 301 2014.

Thank you.

Shawnee County 13 I

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

Jonathan C. Brzon, Assistant Shawnee County Counselor~ ( ~ September 8, 2014

Claim of Lei Sowell for Damage Caused by Sewer Backup

Please place the following claim on the Monday, September 15, 2014 Commission agenda:

Factual Background:

Mr. Lei Sowell, 6631 SW 40th Street, has submitted a claim for damages related to a sewer backup into his home on May 16, 2014. A copy of Mr. Sowell's claim and supporting documents are attached as Exhibit "A".

Shawnee County Public Works Director, Tom Vlach, investigated the claim and wrote the memorandum attached as Exhibit "B". Mr. Vlach attributed the sewer backup to a blockage in the County's sewer line. The blockage caused a backflow of water into Mr. Sowell's home during pipe cleaning operations by the County's contractor, Ace Pipe Cleaning, Inc. (Ace).

Responsibility of County to Pay Claim:

The County is required to use reasonable care to design, construct, inspect, and repair its sewers so as to prevent damage to private property. Where it fails to do so, the County can be liable for the damages resulting from its acts or omissions. In this case, I do not believe there is any evidence that Ace's pipe inspection and cleaning operations were performed in a negligent manner. Rather, as Mr. Vlach's memo states, this incident was caused by a blockage in the lines. Had Ace's cleaning operations not uncovered and removed this blockage, a much more widespread problem could have occurred in the future.

Conclusion:

Based upon the above information, our office would recommend that the claim be paid. This claim has been delayed in processing due to a lack of certainty in the amount of damages sought by Mr. Sowell. His initial claim documents requested the sum of $12,000. However, the

Board of Shawnee County Commissioners August 24, 2004 Page2

documentation attached to his claim showed only $1,797.26 in receipts for cleanup costs. Our office contacted Mr. Sowell and asked that he provide additional documentation to substantiate the remaining dollar amount he was requesting. Mr. Sowell has since provided additional invoices and documentation substantiating the sum of $3,383.55 in damages related to this incident. Consequently, it is the recommendation of our office that the claim be paid . in the amount of$3,383.55 conditioned upon a full release ofliability signed by Mr. Sowell.

Mr. Sowell has been advised of the hearing date and his right to present evidence in support of his claim. If you have any questions, please feel free to contact Mr. Vlach or myself

JCB

Attachments

c: Mr. Richard V. Eckert, Shawnee County Counselor Mr. Tom Vlach, Director, Shawnee County Public Works Mr. Lei Sowell, 6631 SW 40th Street, Topeka KS 66610

Shawnee County

Office of County Clerk CYNTHIA A. BECK

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

Courthouse - Room 1 07 Topeka, Kansas 66603-3963

Memorandum

DATE:

TO:

FROM:

RE:

June 26, 2014

Richard ~~"nty Counselor

Cynthia A:-'Beck, County Clerk

Insurance Claim

Attached is a claim filed by Lei Sowell which was received in the County Clerk's Office.

As per Resolution No. 86-16, I am forwarding this claim to you for further investigation.

Attachments

CLAIM AGAINST THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS

Received Via:

US Mail Inter-Office Mail Over the Counter Fax

11 {Jr C5

Internet SHAW-N.EE CO.UNTY CLERK Completed claim forms must be submitted to the Shawnee County Clerks Office, Shawnee County Courthouse, 200 E. 7th, Room 107, Topeka, Kansas 66603. Where space is insufficient, please use additional paper.

WARNING: It is a criminal offense to file a false claim. (K.S.A. 21-3904)

The undersigned respectfully submits the following claim and information relative to damage to persons and/or property:

1. Name of claimant: ~e.~ .S(JkJC) J . · a. AddressofClaimant: l;;(/]31 5VJ 4()+h ·sfre-r..:t"

(Street a4~ess) y C:

~t-X'\ J\J (State) (Zip)

b. Phone Number:

2. Name, telephone and address to which claimant desires notices to be sent if

!tr:3nJ ~ ~bcqo= +k j 1 1 ~-s w ~ 2 ;2 tJ Jf 1o f-?~1\ lr 5 ~ &{; 1 o

3. Occurrence or event from which the claim arises:

a. Date: {\/ Jlo/2~ b. Time: ', 30 I PM (circle one) c. Location: ~fR3! :SW 4o-t~ 6I d. Specify the circumstances of the occurrence; event, act or omission that

you claim caused the injury, damage or loss. (Use additional paper if necessary) l .

,.,.n·· \.J~ · i (£)(}1 b\

Od1 Jv&nf +o ·±hk I).>Li"t\-e..h+ 0\nu\ 1tAvn~ry (O()l'h .floor -±be. WI'\ lis hc;.\)c;, s~w~r w~+~r nn ±hUt\ i t'h:,eo! ±h-e- ·wr.ll1 Done. ~n~ \JA.--fer Ot~-lnAf)~ 10 +n(. 8~>.se..nu.-nt ~n~ pro,ve-riy· 0"'-m~jt. oF stuFF 10 +h-e_ BPqc.mtnf

J neeJ.. ,>omt..-1-hH~ Done, +o Fnc i+ tl'li>J~ 1.5 jf) +he. WA.Ib (Jf.GPse. Hur7 . !And\ tr\V tJ(f)+n!t5 fhcrt· l~at w~t JlO:ft +o ~~-t tltftr\

4.

e. State how or in what manner Shawnee County or its employees were at fault:

f. State the names of any county employee(s) causing the injury, damage or loss (ifknown):

Atee pt pe tl et~.h; n ..§

5. Damages Claimed: a. Amount claimed as of this date: $ I 01 DO() .. b. Estimated amount of any future costs: $ :). , 000 c. Total amount claimed: $ /~Dr2Q ATTACH ALL AVAILABLE DOCUMENT AT! EVIDENCING AMOUNTS CLAIMED (Include copies of all bills, invoices, estimates, ect.)

6. Names and addresses of all witnesses to the incident h ( 7 n .-- 40 G ~L1 ~ < Name: /(1 1 kr.. \tJ1 II~~~ Address: I lPDII 5 W C. '&!- S CfA Dr "OJ 0 1 ~ Name: 'Jt,.rt-5P.. :5owe.Jt Address: /olo31 :Shl J.f()"fl\ ]~5 S.:5LF-Iq30 Name: Address: ----------------------Name: Address: ----------------------Name: Address: ----------------------

7. If this claim relates to damage to your vehicle or other property and you have insurance coverage on the property, please answer the following:

a. Name of insurance carrier: -------------------------------b. Address of insurance carrier: --------------------------------c. Insurance policy number:. ______________________________ _ d. Insurance agent's name: _________________________________ _ e. Agent's telephone: _____________ .--________________ _ f. Do you have collision insurance? Yes=:st:= No __ g. Have you reported this damage to your insurance carrier: YesL No_ h. Have you been paid anything by your insurance company related to this

claim: Yes __ (ifyes, state the amount$ No~ 1. Amount of your insurance deductible: $ ______ _

8. Please provide or attach any additional information that might be helpful in considering your claim:

9. Please attach copies of the following documents if available: • Itemized statements of estimates of damages. Three repair estimates are

preferred. • Itemized paid bills, cancelled checks, etc. as proof of payment for the repair of

the damag~. • Photographs of the damage done to the property, if available.

Please be advised, Kansas Statutes Annotated 12-105b provides that a claim shall be deemed denied if the County fails to approve it in its entirety within one hundred twenty (120) days of the filing date.

NOTICE: W-9 Form Requirement- if the event this claim is approved in whole or in part, the County will require Claimant to submit an I.R.S. Form W-9 certifying their Tax ID prior to any payment.

WARNING: It is a criminal offense to file a false claim. (K.S.A. 21-3904)

I have read the statements made in the above claim and I know the same to be true and correct. I certify under penalty of perjury that the foregoing is true and correct.

Signed this Q.(p . day of J vn~ 20 J.!:f

Sift; JJow.fQ Claimant's Signature

;J.RAINBOW i ~.(:INTERNATIONAL Invoice

;/....._·RESTORATION

768 N. 1750 Road LaWTence,lCS 66049

Date Invoice #

Bill To

Lei Sowell . 6631 sw 40th Topeka, KS 66610

Quantity Item Code

1 Water Mitigation

P.O. Number Terms

Ship To

Lei Sowell 6631 sw 40th Topeka, KS 66610

Due Date

Due on receipt 5/29/2014

Description

See Xactimate file for details Non-Taxable Sales (residential)

5/29/2014

Rep

ss

Price Each

1,797.26 0.00%

Thanks for your business! Accts not paid within 15 days of invoice date are subject to 18% APR. Total

Phone# Fax# E-mail Payments/Credits

785-371-2400 785-841-0040 [email protected] Balance Due

www.rainbowintl.com/lawrence

2201

Project

Amount

1,797.26T 0.00

$1,797.26

$0.00

$1,797.26

DATE:

TO:

FROM:

RE:

Shawnee County Solid Waste Department

Thomas C. Vlach, P .E., Director 1515 N.W. Saline, Suite 150

Topeka, KS 66618-2868 785-233-4774 (Phone)

785-291-4929 (Fax) [email protected]

CONFIDENTIAL MEMORANDUM

August 6, 2014

Rich Eckert, Shawnee County Counselor

Thomas C. Vlach, P .E.~ Director of Solid Waste

Claim of Lei Sowell

Mr. Eckert - As per your request, I am submitting the following information regarding the claim of Mr. Lei Sowell that a blockage in a sanitary sewer collection system owned by Shawnee County resulted in damages to his home.

Mr. Sowell claims that his residence experienced a backup in his basement while the county's sewer inspection and cleaning contractor, Ace Pipe Cleaning, Inc (Ace), was performing work in the general vicinity of his home.

Upon investigation of this claim, Shawnee County Department ofPublic Works (.SCDPW) has determined the following:

1) SCDPW was having sewer televising, inspection and cleaning services being provided for sewer mains in the vicinity of Mr. Sowell's honie at the time of the incident.

2) SCDPW's contractor, Ace, was working in an area upstream from the Sowell residence and had not yet cleaned the main where the blockage was located. Water from Ace's work flowed downstream and backed up upon reaching the blockage.

3) If not for the blockage, the backup likely would not have occurred at that time.

Therefore, it is recommended that a claim be awarded for the amount of $1,797.26 as detailed in the invoice from Rainbow International Restoration and not the estimated $12,000.00 being requested unless documentation can be provided showing otherwise. It appears the $12,000.00 estimate is a simple guess based upon assumed damages that have not been verified.

If you should have any questions or comments regarding this issue, please contact me at your convenience.

IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS LIMITED ACTIONS DIVISION-SMALL CLAIMS

~I j )' o lv1-G 1 I

____________________ Plaintiff

vs

I

____________________ Defendant

PETITION

FOR CLERK'S USE ONLY

No. ________ _

Statement of claimj \ ,n ,, /y ) i I •---~---·-c.c.::;_.J ---=-::....' '=-.J -'"'"''--~,. -='--· · ----''---• having read the instructions below, hereby assert the following

claim against 511(.!., \,-J i'1 :-- -_ ,- 1 (I! h -!-, , defendant:

Demand for judgment:

Based on the claim stated above, judgment is demanded against defendant as follows:

1. Payment of$ 3 , \ ""A '2:. , -,' ---,, , plus interest, costs and any damages awarded under

K.S.A.60-26 10, as amended. J ..

Said property has an estimated value of $ I :8 I 0 0 0 Instructions to plaintiff:

1. State the claim you have against the defendant in the space provided. Be clear and concise. Please type or print for clarity.

2. Your total claim against the defendant may not exceed $4,000.00 not including interest, costs and any damages awarded under K.S.A. 60-2610, as amended. If you are seeking the recovery of personal property, the value of that property shall be based on your estimate of its value under oath.

3. You must be present in person at the hearing in order to avoid default judgment against you on any claim defendant may have which arises out of the transaction or occurrence which is the subject of your claim against the defendant. ·

4. You must make demand for judgment in one or both of the spaces provided above. 5. Neither you nor the defendant are permitted to appear with an attorney at the hearing. 6. You may not file more than 20 small claims under the small claims procedure act in this court during any

calendar year. 7. After completing this form, you must subscribe to the following oath:

I, It:, 1 5o we_. J J ,hereby swear that, to the best of my knowledge and belief, the foregoing claim asserted against the defendant (including the estimate of value of any property sought to be recovered) is a just and true statement, exclusive of any valid claim or defense which defendant may have.

Subscribed and sworn to before me this __ ~_day of _______________ _

6/08 c Deputy Clerk

TO

~ So we.- J \

~[p3 t sw tfo+~ 0pek11 r11 rJ5C15

~&&10

785 W3 2.~ t1J-f

,JN ACCOUNT WITH

CURRENT OVER 30 DAYS OVER 60 DAYS

aac~arn:r ocsa12

096614

TERMS

TOTAL AMOUNT

01-11

11.1403:21p

-:-.· Berger

J [1.-M;~~~ Rainbow International

Lawrence, Topeka and Surrounding Areas (785) 371-2400

Insured: Smvell, Lei Property: 6631 SW 40th

Topeka, KS 66610

Claim Rep.: Steve Sanchez

785-841-0040 p.1

Business: (785) 331-6677 E-mail: [email protected].

Estimator: Steve Sanchez

Claim Number:

Date ofLoss: 5116/2014

Date Inspected: 5/16/2014

Price List: KST08X_APR14

Policy Number:

com

Business: (785) 331-6677 E-mail: steve.sanchez@mail.

rainbm.vintl. com

Type of Loss: Sewage

Date Received: 5/16/2014

Date Entered: 5119/2014 8:52AM

Restoration/Service/Remodel Estimate: SOWELL_CAT3

CD

May 21 14 03:21 p Berger

;L RAINBOW Rainbow International "" ~ #: LNJ:ERN.AJ!ONA~ .J ._ ".lFSTO!bl-IOU


785-841-0040

The following is our invoice for emergency mitigation services performed at the above mentioned loss location.

Technician(s) Name and llCRC Credential(s): Steve Sanchez #40805 WTR, FSRT, BlO, ASD, OCT, UPC

Cause of Loss: BaCked up dram

Affected Area(s) Dcfmed:

LaWJdry Room Basement Bathroom Basement Garage

Category and Class of Loss: CAT3 CLASS 1

Extraction Method: Wand

Drying Plan Strategy, Technology and Time Table: Placed 1 Ultimate 340 dehumidifier and 9 Force 9 air movers on this project

Demolition or Item(s): Vinyl, van1ty, base trun, dry\val!, cabinets and doors.

Any Exceptions to Contact or Inspection Times: N/A

Notes: ~

p.2

In closing we would like to thank you for the opportunity to be of service during this time of need and as always please do not hesitate to contact us should you have any further questions.

Respectfully,

Steve Sanchez Rainbow International of Lawrence 768 N 1750 Road Lawrence, KS 66049 785-371-2400 Office 785-841-0040 Fax Steve. Sanchez@mail .rainbowintl.com

SOWELL_CAT3 5i19/2014 Pagc:2

May 21 14 03:21 p Berger

J !1~1.~~~~~~ Rainbow International Lawrence, Topeka and Surrounding Areas (785) 371-2400

Bath

DESCRIPTION

1. Tear out wet drywall, cleanup, bag. per LF - to 2' - Cat 3

2. Tear out trim and bag for disposal -up to Cat 3

3. Cabinet -1ranity unit- Detach

4. T~ar out non-salv vinyl, dut & bag-Category 3 water

5. Clean V\.'ith pressure/chemical spray

6. Apply anti-microbial agent

7. Remove Interior door unit

8. Air mover (per 24 hour period) ·No monitoring

~<**3 Force 9 air mover for 3 days each'""'*

Totals: Balh

SO'\VELL_ CAT3

Main Level

232.00 SF Walls

279.50 SF Walls & Ceiling

52& SY Flooring 29.00 LF Ceil. Perimeter

QTY REMOVE

29.00 LF 2.85

29.00 LF 0.55

3.00 LF 0.00

47.50 SF 1.10

47.50 SF 0.00

76.50 S.F 0.00

1.00 EA 12.42

9.00 EA 0.00

Laundry

Missing Wall

Missing Wall

DESCRIPTION

9. Tear out wet drywall, cleanup, bag, per LF -to 2' - Cat 3

I 0. TeDr out trim md bag for disposal -up to Cal3

SO'WELL CAT3

297.84 SF Walls

386.14 SF Walls & Ceiling 9.81 SY Flooring

37.23 LF Ceil. Perimeter

2'6"X8'

2' 6"X8'

QTY

37.23 LF

37.23 LF

REMOVE

2.85

0.55

785-841-0040

47.50 SF Ceiling

47.50 SF Floor

p.3

Height: 8'

29.00 LF F[oor Perimeter

REPLACE

0.00

0.00

9.49

0.00

0.23

0.15

0.00

27.29

TAX

0.77

0.41.

0.00

0.25

0.04

0.13

0.00

0.00

1.60

8830 SF Ceiling 8&30 SF Floor

TOTAL

83.42

16.36

28.47

52.50

10.97

11.61

12.42

245.6j

46!.36

Height: 8'

37.23 LF Floor Perimeter

Opens into STAIRSl

Opens into STAIRS

REPLACE

0.00

0.00

TAX

0.98

0.52

5/19{2014

TOTAL

l07.09

21.00

Page:3

May 2114 03:21 p Berger

f»RAINBOW R"2;nbow lnternatJ"onal -1 , llfl.~tt.MTI.QNAL .-.u. ;llrlt....:: R!i:STOR.ATIOto


COWINUED -Laundry

DESCRIPTION QTY REMOVE

11. Tear out non-salv vinyl, cut & bag- 8830 SF 1.10 Category 3 water

12. Clean with pressure/chemical 88.30 SF 0.00 spray

13. Apply and-microbial agent 125.53 SF 0.00

14. Remove Interior door unit LOO EA 12.42

15. Air mover (per 24 hour period} - 15.00 EA 0.00 No monitoring

***5 Force 9 air mover for 3 days each***

16. Dehumidifier (per 24 hour period)- 5.00 EA 0.00 Large- No monitoring

"'** l Ultimate 340 L dehumidifier for 5 days***

Totals: LanndJ:y

Basement

34"6"

Ballc:ou:"t

DESCRIPTION

17. Clean ·with pressuro/chemical spray


698.17 SFWalls 1,060.83 SF Walls & Ceiling

40.30 SY Flooring 89.33 LF Ceil. Perimeter

QTY REMOVE

200.00 SF 0.00

200.00 SF

19. Cleaning & Remediation- 1.50 HR

0.00

0.00 Supervisory· per hr

Clean nonporous items with a cleaning solution.

20. Air mover (per 24 hour period)No monitoring

"'*"'I Force 9 air mover for 3 days each***

Totals: Basement

SO\VELL CAT3

3.00 EA 0.00

785-841-0040

REPLACE

0.00

0.23

0.15

0.00

27.29

73.53

TAX

0.47

0.08

0.22

0.00

0.00

0.00

2.27

362.67 SF Ceiling 362.67 SF Floor

p.4

TOTAL

97.60

20.39

19.05

12.42

409.35

367.65

1,054.55

Height: 8'


REPLACE

0.23

0.15

39.38

27.29

TA."'{

0.18

0.35

0.00

0.00

0.53

5/19/2014

TOTAL

46.18

30.35

59.07

81.87

217.47

Page: 4

May 2~ 14 03:21 p Berger

J ~M~~~~~ Rainbow International Lawrence, Topeka and Surrounding Areas (785) 371-2400

i I

~3'3''_J T.

Missing Wall

DESCRIPTION

T ~


Totals: Stairs

Missing WaD

DESCRIPTION


Totals: Stairs!

DESCRIPTION

Stairs

Stairs!

Garage

23. Tear out wet drywall, cleanup, bag, per Lf- to 2' - Cat 3

57.50 SF Walls

65.63 SF Walls & Ceiling 3.58 SY Flooring

6.50 LF Ceil. Perimeter

2' 6" X13'

QTY REMOVE

32.19 SF 0.00

59.67 SF Walls

67.79 SF Walls & Ceiling

3.58 SY Flooring 6.67 LF Ceil. Perimeter

2' 6" X 13'

QTY REMOVE

32.19 SF 0.00

QTY REMOVE

7.17 LF 2.85

24. Clean with pressure/chemical 100.00 SF 0.00 spmy

25. Apply anti-microbial agent 100.00 SF 0.00

26. Air mover (per 24 hour period)- 3.00 EA 0.00 No monitoring

***!Force 9 a.irmoverfor 3 days each*"*

27. Cleaning & Remediation - 1.50 HR 0.00 Supervisory - per hr

Clean nonporous items with 11 cleaning solution.

SOWELL CAT3

785-841-0040

8.13 SF Ceiling 32.19 SF Floor

p.5

Height: 13'


Opens into LACNDRY

REPLACE

0.15

TA.X

0.06

0.06

8.13 SF Ceiling

32.19 SF Floor

TOTAL

4.89

4.89

Height: 13'


Opens into LAUNDRY

REPLACE TAX TOTAL

0.15 0.06 4.89

0.06 4.89

REPLACE TAX TOTAL

0.00 0.19 20.62

0.23 0.09 23.09

{).15 0.18 15.18

27.29 0.00 81.87

39.38 0.00 59.07

5/19/2014 Page: 5

May211403:21p Berger 785-841-0040 p.6

~RAINBOW Rainbow International J ·~ . ~'VFt·~~~~:t Lawrence, Topeka and Surrounding Areas (785) 371-2400

CONTINVED -Garage

I)ESCRIPTION QTY .REl\IOVE REPLACE TAX TOTAL

Totals: Garage 0.46 199.83

Miscellaneous

DESCRIPTION QTY· REJ.\oiOVE REPLACE TA-~ TOTAL

28. Emergency service call - during LOO EA 0.00 105.01 0.00 105.Dl business hours

29. Equipment setup, mke down, and 7.00 HR 0.00 37.20 0.00 260.40 monitoring (hourly charge)

30. Haul ~ebris - per pickup truck load 1.00 EA 102.99 0.00 0.00 102.99 - including dump fees

Totals: Miscellaneous 0.00 468.40

Total: Main Level 4.!18 2,411.39

Labor Minimums Applied

DESCRIPTION QTY REMOVE REPLACE TAX TOTAL

31. Cleaning labor minimum 1.00 EA 0.00 3.31 0.00 3.31

32. Finish carpenuy labor minimum 1.00 EA 0.00 98.85 0.00 98.85

Totals: Labor Minimums Applied 0.00 102.16

Li.ne Item Totals: SOWELL_CAT3 4.98 2,513.55

Grand Total Areas: 1,345.17 SF Walls 514.72 SF Ceiling 1,859.89 SF Walls and Ceiling

562.84 SF Floor 62.54 SY Flooring 186.95 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 168.73 LF Ceil. Perimeter

562.84 Floor Area 564.83 Total Area 1,174.50 Interior Wall Area 1,095.29 Exterior Wall Area 121.70 Exterior Perimeter of

Walls

0.00 Surfuce Area 0.00 Number of Squares 0.00 Total Perimeter Length

0.00 Total Ridge Length 0.00 Total Hip Length

SOWELL CATI 5/19/2014 Page: 6

May 2,1 14 03:22p Berger

J [1 ~~~~g~ Rainbow International Lawrence, Topeka and Surrounding Areas (785) 371-2400

Line Item Total

f..·Iat Tax (Res.)

Replacement Cost Value Net Claim

SOWELL_CAT3

Summary for Dwelling

Steve Sanchez

785-841-0040

5/1912014

p.7

2,508.5i

4.98

$2,513.55 i2,513.55

Page: 7

May 21 14 03:22p Berger 785-841-0040 p.8

j ~~~,~~~~~ Rainbow International

Lawrence, To-peka and Surrounding Areas (785) 371-2400

Recap of Taxes

Total T11x (Comm.) (8.8o/o) Mat Tax (Res.) (8.8%) Manu{. Home Tax (8.8%) Garment Cleaning (8.8%)

Line Items 0.00 4.98 0.00 0.00

Total 0.00 4.98 {).00 0.00

SOWELL_CAT3 5/19/2014 Page: 8

May211403:22p Berger

J ~~~%~~~ Rainbow International Lawrence, Topeka and Surrounding Areas (785) 371-2400

Estimate: SOWELL_ CAT3

Area: Main Level Bath Laundry Basement Stairs Stairsl Garage Miscellaneous

Area Subtotal: Main LeyeJ Labor Minimums Applied

Subtotal of Areas

Total

SOWELL_CAT3

Recap by Room

785-841-0040 p.9

459.76 1833°/e 1,052.28 41.95%

216.!)4 8.65% 4.83 0.19% 4.83 0.19%

199.37 7.95% 468.40 18.67%

2,406.41 95.93% 102.16 4.07%

2,508.57 100.00%

2,508.57 100.00%

5/19/2014 Page: 9

May 2114 03:22p Berger

J ~ M}~~~ Rainbow International


Items

CLEANING

GENERAL DEMOLITION FNC

WATER EXTRACTION & REMEDIATION

Subtotal Mat Tax (Res.)

Total

SO\'lELL_ CA T3

Recap by Category

785-841-0040 p.10

Total %

103.55 4.12% 522.83 20.80%

98.85 3.93%

1,783.34 70.95%

2,508.57 99.80% 4.98 0.20%

2,513.55 100.00%

5/19/2014 Page: 10

Main Level

r ~5'-· _·· 50'---·- ____ -·-· ·····- --···--··

9' 8" ------··1 iii

~3.' 3'~J

34' ......... ···-- -··--

8

N 0 ......

Bath

SOWELL_ CAT3

~ 0\ I·FrT:=~t· Ba~cmcnl ~~~~

Laundry

am ... !

I ;jl9'~ '1>)2'3"I~ - --·-. . 37'9"- . !

' ...... ">-t 2'9"-1

5/19/2014

rtf! ll

Main Level

Page: 11

~ Ill '< N ...... ...... ~ 0 U)

i-0 N "U

OJ CD ca CD ...,

"-..1 ()) en & ~ ...... I

0 0

~

"U ...... ......

SHAWNEE COUNTY C Department of

Emergency Management 200 SE ih Street

Emergency Operations Center Topeka, KS 66603

(785) 233-8200 ext. 4150 Dave Sterbenz, Director

September 4, 2014

MEMO:

TO:

FROM:

Transfer of Grant Funded Equipment - Laptop

Board of County Commissioners Shawnee County Kansas

Dave Sterbenz- Director pJ Nelson E Casteel - Communications Officer Shawnee County Emergency Management

The attached agreement (12-NEK140414.001/19229) is for the transfer of grant funded equipment to Shawnee County Emergency Management from the Northeast Kansas Homeland Security Council. The equipment is a laptop for use by Incident Management Team (IMT) Command and General Staff members. Details are provided on the following pages.

Shawnee County would become both the owner and caretaker of the equipment. The equipment can be utilized for emergency management duties in Shawnee County as well as during deployments by IMT Members from Shawnee County Emergency Management.

This is a very valuable piece of equipment.that Shawne.e County Emergency Management will use in order to continue the fulfillment of our mission essential functions. There is no direct cost to Shawnee County to accept the equipment.

In accordance with past practices and requirements of the Homeland Security Council, should the equipment be needed in an emergency, incident and/or for an event, Shawnee County Emergency Management would be responsible for delivering the equipment so that other entities in our region can utilize it.

Please sign where indicated and return to this office so that documents can be disseminated to the proper persons on the regional level.

Thank you in advance for your consideration.

Should you have any questions please feel free to contact: Director Dave Sterbenz at [email protected] or 785-251-4151

###

Mitigation Preparedness Response Recovery

June24,2014

Dave Sterbenz

North Central Regional Planning Commission 109 N. Mill · P.O. Box 565 • Beloit, KS 67420 www.ncrpc.org Telephone: (785) 738-2218 · Facsimile: (785) 738-2185

Shawnee County Emergency Management 200 SE ih Street- SB10 Topeka, KS 66603

Re: Transfer of Property Agreement IMT Sustainment Equipment

Enclosed please find an original Transfer of Property Agreements specific to the equipment described therin provided by the IMT Sustainment Equipment project for 2012. If you agree this equipment is now in your possession and that you are willing to assume full responsibility for that equipment, please have the agreement signed by the appropriate authority and then send i! back to the following address for final processing.

Attn: Lisa Peters North Central Regional Planning Commission 109 N Mill St - PO Box 565 Beloit, KS 67420

If you have any questions concerning this program requirement, please contact our office.

Sincerely,

Lisa Peters Homeland Security Specialist

Enclosures

TRANSFER OF PROPERTY AGREEMENT: Acceptance of Homeland Security Grant Equipment

Grant: FY12 Fiscal Agent: North Central Regional Planning Commission Regional Council (if applicable): Northeast Kansas Homeland Security Council Project: IMT Sustainment Equipment

Agency: Shawnee County

Description of Equipment: Dell Latitude Laptop (Serial #: 8NFHYZ1) Vendor Midwest Card Cost: $3317.00 PO /Invoice 12·NEK140414.001/19229 Date of Agreement: June 13, 2014

The parties of this Agreement do mutually agree as follows:

Award of Equipment: The North Central Regional Planning Commission, 109 N. Mill Street, Beloit, KS 67 420, hereafter referred to as the "Fiscal Agent" and authorized to act on behalf of the Northeast Homeland Security Region, hereafter known as the "Regional Council" or "Region", agrees to transfer ownership of the equipment, hereafter described as "Equipment" and as described on the attached invoice and purchased under grant Catalog of Federal Domestic Assistance (CFDA) # 97.067 to Shawnee County, Kansas hereafter referred to as the "Agency", to enhance the Agency's capabilities to deter and/or respond to acts of terrorism and other disasters affecting the Agency's community and the homeland security region in which the Agency resides. The Agency listed above agrees to accept the specified equipment and comply with all provisions detailed in this Agreement.

Reporting and Monitoring Requirements: The Agency shall permit monitoring by the Region, the state or appropriate federal agency representatives, and comply with such reporting procedures as may be established by the state or Region. The Agency shall maintain all related records for the life of the equipment. Although information will be provided to the Region by the Agency, the Region has no obligation or right to maintain or repair the equipment or ensure that the equipment is used safely or properly.

Inventory Control: The Agency agrees to maintain inventory control on any equipment provided through this Agreement, with the exception of consumable equipment. Consumable equipment is defined as equipment that may be depleted or worn out by limited use (i.e. batteries, paper mask, filters).

Inventory Control applies to individual equipment items (i.e., generator) and not packages of equipment (i.e., package of six hazardous material suits).

Equipment inventories shall include the following items:

• Serial number • Cost of item • Location of equipment

• Description of item • End user (Agency) • Condition of equipment

• Vendor • Contact information for • Personnel trained on

• Date purchased End User (Agency) equipment

KHP HSO will conduct on-site monitoring specifically for equipment with a purchase price of $5.000 or more. However, the KHP HSO reserves the right to monitor all equipment acquired with homeland security grant funds.

A control system must be developed by the Agency to ensure proper maintenance and adequate safeguards to prevent loss, damage, or theft of the equipment.

Non-Supplanting Certification: The Agency affirms that the federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. The Agency may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt of federal funds.

Maintenance of Equipment and Qualified Personnel: The Agency affirms that it has access to staff and equipment to use the equipment in a timely manner once requested or deployed. The Agency affirms that it has properly trained and qualified personnel to operate and maintain equipment provided through this Agreement, and the Agency agrees to maintain training of personnel to ensure proper and safe use of the equipment. Agency agrees to assume financial responsibility for monthly or use service charges beyond the scope of this Agreement.

Title: The Agency agrees to accept title to the equipment provided under this Agreement if such title is required by state or federal regulations.

Insurance: The Agency:

Agrees to maintain property and casualty insurance on the equipment provided under this Agreement. Agency will list the Region as an additional insured and a loss payee with respect to the equipment, and provide the Region with a copy of the declarations page or other appropriate excerpt from the insurance policy confirming that the equipment is insured.

OR

Stipulates it is self-insured and will provide Fiscal Agent with a letter documenting its self-insured status.

Report of Loss or Expiration: The Agency agrees to notify the Region within ten (1 0) working days of the loss, damage or expiration of the equipment provided through this Agreement. The Agency understands that neither Region nor state or federal agencies are not obligated to replace items lost, damaged or expired. Agency is required to commit to sustain capabilities gained through the acceptance of the equipment covered through this Agreement.

Replacement: The Agency is responsible for replacing or repairing the property which is lost, stolen, damaged, or destroyed, at the direction of the KHP HSO.

Interest of Members of the Region and Others: No officer, member, or employee of the Region and no member of its governing body, and no other public official of the governing body of the localities in which the equipment is provided who exercises any functions or responsibilities in the review or approval of this project, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

Termination of Agreement for Cause: If through any cause, the Agency shall fail to perform in a timely and proper manner its obligations under this Agreement or if the Agency shall violate any of the covenants, agreements or stipulations of this Agreement, the Region shall thereupon have the right to terminate this Agreement by specifying the effective date thereof. The date of notice shall be at least ten ( 1 0) working days before the effective date of such termination. If the Region terminates this Agreement, the Region may require that the Agency return all equipment provided to the Agency under this Agreement to the Region, and that Agency transfer ownership of all equipment to the Region, and that Agency execute any documents necessary to transfer ownership to the Region or to another organization designated by the Region to receive the

equipment.

Liability: With the transfer of ownership of the equipment specified through this Agreement, the Agency shall take necessary steps to insure or protect itself, its personnel, and the equipment, and to comply with all applicable local, state and federal laws or other governmental requirements regarding ownership or use of the equipment, including, without limitation, all safety and security standards. The Region and Fiscal Agent, not being the manufacturer of the equipment, has no responsibility with respect to the equipment or any use or storage thereof, or any accidents or claims relating thereto.

The Region and Fiscal Agent makes no representations or warranties, express or implied, regarding the equipment, whether arising by operation of law or otherwise, and expressly disclaims any and all warranties of merchantability, of fitness for a particular purpose of use, of noninfringement, of title, condition, quality or workmanship, or in any other respect. In no event shall the Region be liable to the Agency for any indirect, incidental, consequential, special, and exemplary or punitive damages.

To the extent permitted by law, the Agency will defend, indemnify and reimburse the Region and Fiscal Agent against and for, and the Agency staff will use best efforts to convince the Agency's decision maker to appropriate such amounts as are reasonably necessary to defend, indemnify or reimburse the Region and Fiscal Agent against and for, any claims against the Region and Fiscal Agent that are based in whole or in part on damages or injuries allegedly caused by the equipment or any use or other aspect thereof and any costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Region and Fiscal Agent in connection with any such claims or any breach by Agency of this Agreement, when reasonably asked to do so by the Region.

Governing Law: This Agreement shall be interpreted under and governed by the laws of the State of Kansas.

Related Federal Regulations per 44 CFR, Part 13. Section 13.32: The Agency shall not use equipment to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted by federal statute. The Agency may use equipment to be replaced as a trade-in or sell the property and use proceeds to offset the cost of the replacement or similar use property, with approval from the Region and final approval from the state and federal agencies. The Agency may sell or dispose of equipment valued at under $5,000 upon approval of the KHP HSO and notification to the Region the date equipment was sold, sale price of equipment, and entity that was sold to (if selling equipment) or upon notification to Region that equipment is requested to be disposed and reasons for disposition (if disposing equipment). If equipment is sold for $5,000 or more, the federal government shall have the right to receive proceeds from the sale in excess of grant funds provided for such item; this does not apply to transferring equipment to other entities or in applying the sale proceeds towards acquiring other homeland security-related equipment that costs more than the equipment sold.

Disposition of Property: The Agency may dispose of or remove from inventory any or all equipment when the useful life of the original or replacement equipment acquired under the grant award has expired or when any or all equipment is no longer needed for the original project or program. Disposition of the equipment will be made as follows:

• The Homeland Security Grant Program Equipment Disposition Form should be filled out when any equipment is sold, transferred, broken, lost, stolen, or has met its life cycle.

• Items with a fair market value of less than $5,000.00 may be retained, transferred, or otherwise disposed of and removed from inventory with KHP HSO approval.

• Items with a fair market value in excess of $5,000.00 may be retained, transferred, or otherwise disposed of and removed from inventory with prior written KHP HSO approval. A copy of said approval shall be provided to the Region.

Life Cycle: Life cycle may be measured by the protocols published as Circular A-76 by the White House Office of Management and Budget (OMB) and seen at:

http://www.whitehouse.gov/sites/default/files/omb/assets/agencyinformation circulars procure ment pdf/a076supp.pdf

Fair market value is defined as the amount for which equipment would sell on the open market if put up for sale. The fair market value will be determined by the KHP HSO.

Notices. All notices regarding this Agreement will be considered properly delivered if sent by U.S. postal mail, email or fax to the Fiscal Agent as follows:

For Fiscal Agent:

Name: John R. Cyr Agency: North Central Regional Planning Commission Address: 1 09 N Mill Street. PO Box 565 City/State/Zip: Beloit KS 67 420 Fax number: 785) 738-2185 Email address: jcyr@nckcn .com

Notification Address For Agency:

Name: Dave Sterbenz Agency: Shawnee County Emergency Management Address: 200 SE 71

h Street - SB-1 0 Topeka, KS 66603

Email address [email protected]

REQUIRED Signatures:

For Regional Homeland Security Council:

By: Date: ________ _ Authorized Signature

For Agency: ______________ ___

By: Date: ________ _ Authorized Signature

For Fiscal Agent: North Central Regional Planning Commission, Tim Vandall

By: Date:---------Authorized Signature

OPTIONAL Signatures for Local Approval:

By:

By:

( ~ Date: '1 'I{,~ I..( -~~~~---------App oved as to form, County Counselor

--------------Date: _______ __ Attested to, County Clerk

Midwest Card and ID 2012 4 74 7 NW Gateway Riverside, MO 64150

Voice: Fax:

Sold To:

(816) 221-0620 (816) 221-1213

Duplicate

Ship to:

Invoice Invoice Number:

19229

Invoice Date: May 9, 2014

Page: 1

North Central Regional Planning Comm Attn. : Accounts Payable

North Central Regional Planning Comrn 109 N. Mill Street

PO Box 565 Beloit, KS 67420

Customer ID NORTH CENTRAL

Sales Rep ID

Quantity Item 7.00 COMPUI'ER

Check/Credit Memo No:

Beloit, KS 67420

Customer PO Payment Terms 12-NEK140414.001 Net 30

Shipping Method Ship Date

Description Unit Price ~ell Latitude Laptop 3,317.00 Serial #HWGHYZ1

Serial #FYFHYZ1

Serial #1QFHYZ1

Serial #6YGHYZ1

Serial#8NFHYZ1

Serial #1HHHYZ1 ..

Serial #1FFHYZ1

N'£ I~ I\f'1l c (: ;.:;.~1. ) . j u I

1~ · 1 .... s:.\:-~ ~ -.~ 0~ \·~-\ . ')0 '

Subtotal Sales Tax·

Freight Total Invoice Amount

Payment/Credit Applied TOTAL

Days

Due Date 6/8/14

Extension 23,219.00

23,219.00

23,219.00

23,219.00

Buyer: PURCHASE ORDER

12-NEK140414.001 North Central Regional Planning Commission

THIS NUMBER MUST APPEAR ON INVOICES, BIL. BUNDLES. CASES, P.O. Box 565 PACKING LISTS, AND CORRESPONDENCE

Beloit, KS 67420 (785) 738-2218 FY12 NORTHEAST KANSAS Fax: (785) 738-2185 FIN: 48·0808208 REGIONAL HOMELAND SECURITY PROGRAM

Tax Exempt#: KSJ1XMOGJD

Expiration Date: 11/01/2014 Project: FY121MT Sustainment Equipment

Vendor Information:

I I Midwest Card & ID Solutions, LLC. DATE

14-~r-14

4747 NW Gatewa;iAve. FUNDING SOURCE

Kansas Homeland Security Program Riverside, MO 64150 TERMS

Net30 F.O.B.

Attn: Brenden Ourth SHIP VIA

L ~ BEST

End User: Northeast Kansas Regional Homeland Security Program

SHIP TO: Alan Radcliffe, Director Franklin County Emergency Management, 1428 S. Main Street, Ste. #2, Ottawa, KS 66067 Tel: (785) 229-3505 Email: [email protected]

QUANTITY DESCRIPTION AMOUNT

7 Dell Latitude 6430 ATG Computers $ 3,317.00 $ 23,219.00

$ - $ -$ - $ -

$ - $ -$ - $ -$ - $ -$ - $ -

(See attached quote for complete detailsl $ - $ -S~ciallnstructions: $ - $ -Serial numbers associated with the equipment and locations assigned are to be provided to the North Central Regional Planning Commission at the time of invoice. $ - $ -

$ - $ -$ - $ -$ - $ -$ - $ -

NOT To Exceed Total: :},s_~;;-,~.:.,:·.

•"'PJ.£;r~ $ 23 219.00

NOTICE: Vendors are hereby notified this order is part of a project solely funded by federai dollars wi:~~s to those funds ending April 30 2014. Any orders delivered or invoicedpast that date mav be can.Wied at the sole dis ti of the b~r.

By accepting this purchase order, vendor acknowledges payment wHI be made by fiscal agent ( +A~J--within ten (10) days following receipt of funds from the state. Other payment terms do not apply.

-John R.. Cyr yorized Signature

RECEIVED BY DATE Fisca Agent

Bill To: North Central Regional Planning Commission, P.O. Box 565, Beloit, KS 67420 (785) 7 ~-2218, Fax: (785) 738-2185

SHAWNEE COUNTY Department of

Emergency Management 200 SE ih Street



September 4, 2014

MEMO:

TO:

FROM:

Transfer of Grant Funded Equipment - Laptop


Dave Sterbenz- Director/~/~ Nelson E Casteel- Communications Officer Shawnee County Emergency Management

The attached agreement (12-NEK140414.001/19230) is for the transfer of grant funded equipment to Shawnee County Emergency Management from the Northeast Kansas Homeland Security Council. The equipment is a laptop for use by Incident Management Team (IMT) Command and General Staff members. Details are provided on the following pages.

Shawnee County would become both the owner and caretaker of the equipment. The equipment can be utilized for emergency management duties in Shawnee County as well as during deployments by IMT Members from Shawnee County Emergency Management.

This is a very valuable piece of equipment that Shawnee. County Emergency Management will use in order to continue the fulfillment of our mission essential functions. There is no direct cost to Shawnee County to accept the equipment.

In accordance with past practices and requirements of the Homeland Security Council, should the equipment be needed in an emergency, incident and/or for an event, Shawnee County Emergency Management would be responsible for delivering the equipment so that other entities in our region can utilize it.

Please sign where indicated and return to this office so that documents can be disseminated to the proper persons on the regional level.

Thank you in advance for your consideration.

Should you have any questions please feel free to contact: Director Dave Sterbenz at [email protected] or 785-251-4151

###


June24, 2014

Dusty Nichols

North Central Regional Planning Commission 109 N. Mill · P.O. Box 565 • Beloit, KS 67420 www.ncrpc.org Telephone: (785) 738-2218 • Facsimile: (785) 738-2185

Shawnee County Emergency Management 200 SE i 11 Street- SBlO Topeka, KS 66603

Re: Transfer of Property Agreement IMT Sustainment Equipment

Enclosed please find an original Transfer of Property Agreements specific to the equipment described therin provided by the IMT Sustainment Equipment project for 2013. If you agree this equipment is now in your possession and that you are willing to assume full responsibility for that equipment, please have the agreement signed by the appropriate authority and then send !! back to the following address for final processing.

Attn: Lisa Peters North Central Regional Planning Commission 109 N Mill St- PO Box 565 Beloit, KS 67420

If you have any questions concerning this program requirement, please contact our office.

Sincerely,

Lisa Peters Homeland Security Specialist

Enclosures

TRANSFER OF PROPERTY AGREEMENT: Acceptance of Homeland Security Grant Equipment

Grant: FY 13 Fiscal Agent: North Central Regional Planning Commission Regional Council (if applicable): Northeast Kansas Homeland Security Council Project: IMT Sustainment Equipment

Agency: Shawnee County Description of Equipment: Dell Latitude Laptop

Serial #: 2NFHYZ1 Vendor Midwest Card Cost: $3317.00 PO /Invoice 13-NEK140414.001/19230 Date of Agreement: June 23, 2014

The parties of this Agreement do mutually agree as follows:

Award of Equipment: The North Central Regional Planning Commission, 109 N. Mill Street, Beloit, KS 67 420, hereafter referred to as the "Fiscal Agent" and authorized to act on behalf of the Northeast Homeland Security Region, hereafter known as the "Regional Council" or "Region", agrees to transfer ownership of the equipment, hereafter described as "Equipment" and as described on the attached invoice and purchased under grant Catalog of Federal Domestic Assistance (CFDA) # 97.067 to Shawnee County, Kansas hereafter referred to as the "Agency", to enhance the Agency's capabilities to deter and/or respond to acts of terrorism and other disasters affecting the Agency's community and the homeland security region in which the Agency resides. The Agency listed above agrees to accept the specified equipment and comply with all provisions detailed in this Agreement.

Reporting and Monitoring Requirements: The Agency shall permit monitoring by the Region, the state or appropriate federal agency representatives, and comply with such reporting procedures as may be established by the state or Region. The Agency shall maintain all related records for the life of the equipment. Although information will be provided to the Region by the Agency, the Region has no obligation or right to maintain or repair the equipment or ensure that the equipment is used safely or properly.

Inventory Control: The Agency agrees to maintain inventory control on any equipment provided through this Agreement," with the exception of consumable equipment. Consumable equipment is defined as equipment that may be depleted or worn out by limited use (i.e. batteries, paper mask, filters).

Inventory Control applies to individual equipment items (i.e., generator) and not packages of equipment (i.e., package of six hazardous material suits).

Equipment inventories shall include the following items:

• Serial number • Cost of item • Location of equipment

• Description of item • End user (Agency) • Condition of equipment

• Vendor • Contact information for • Personnel trained on

• Date purchased End User (Agency) equipment

KHP HSO will conduct on-site monitoring specifically for equipment with a purchase price of $5,000 or more. However, the KHP HSO reserves the right to monitor all equipment acquired with homeland security grant funds.

A control system must be developed by the Agency to ensure proper maintenance and adequate safeguards to prevent loss, damage, or theft of the equipment.

Non-Supplanting Certification: The Agency affirms that the federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. The Agency may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt of federal funds.

Maintenance of Equipment and Qualified Personnel: The Agency affirms that it has access to staff and equipment to use the equipment in a timely manner once requested or deployed. The Agency affirms that it has properly trained and qualified personnel to operate and maintain equipment provided through this Agreement, and the Agency agrees to maintain training of personnel to ensure proper and safe use of the equipment. Agency agrees to assume financial responsibility for monthly or use service charges beyond the scope of this Agreement.

Title: The Agency agrees to accept title to the equipment provided under this Agreement if such title is required by state or federal regulations.

Insurance: The Agency:

Agrees to maintain property and casualty insurance on the equipment provided under this Agreement. Agency will list the Region as an additional insured and a loss payee with respect to the equipment, and provide the Region with a copy of the declarations page or other appropriate excerpt from the insurance policy confirming that the equipment is insured.

OR

Stipulates it is self-insured and will provide Fiscal Agent with a letter documenting its self-insured status.

Report of Loss or Expiration: The Agency agrees to notify the Region within ten (1 0) working days of the loss, damage or expiration of the equipment provided through this Agreement. The Agency understands that neither Region nor state or federal agencies are not obligated to replace items lost, damaged or expired. Agency is required to commit to sustain capabilities gained through the acceptance of the equipment covered through this Agreement.

Replacement: The Agency is responsible for replacing or repairing the property which is lost, stolen, damaged, or destroyed, at the direction of the KHP HSO.

Interest of Members of the Region and Others: No officer, member, or employee of the Region and no member of its governing body, and no other public official of the governing body of the localities in which the equipment is provided who exercises any functions or responsibilities in the review or approval of this project, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

Termination of Agreement for Cause: If through any cause, the Agency shall fail to perform in a timely and proper manner its obligations under this Agreement or if the Agency shall violate any of the covenants, agreements or stipulations of this Agreement, the Region shall thereupon have the right to terminate this Agreement by specifying the effective date thereof. The date of notice shall be at least ten (1 0) working days before the effective date of such termination. If the Region terminates this Agreement, the Region may require that the Agency return all equipment provided

to the Agency under this Agreement to the Region, and that Agency transfer ownership of all equipment to the Region, and that Agency execute any documents necessary to transfer ownership to the Region or to another organization designated by the Region to receive the equipment.

Liability: With the transfer of ownership of the equipment specified through this Agreement, the Agency shall take necessary steps to insure or protect itself, its personnel, and the equipment, and to comply with all applicable local, state and federal laws or other governmental requirements regarding ownership or use of the equipment, including, without limitation, all safety and security standards. The Region and Fiscal Agent, not being the manufacturer of the equipment, has no responsibility with respect to the equipment or any use or storage thereof, or any accidents or claims relating thereto.

The Region and Fiscal Agent makes no representations or warranties, express or implied, regarding the equipment, whether arising by operation of law or otherwise, and expressly disclaims any and all warranties of merchantability, of fitness for a particular purpose of use, of noninfringement, of title, condition, quality or workmanship, or in any other respect. In no event shall the Region be liable to the Agency for any indirect, incidental, consequential, special, and exemplary or punitive damages.

To the extent permitted by law, the Agency will defend, indemnify and reimburse the Region and Fiscal Agent against and for, and the Agency staff will use best efforts to convince the Agency's decision maker to appropriate such amounts as are reasonably necessary to defend, indemnify or reimburse the Region and Fiscal Agent against and for, any claims against the Region and Fiscal Agent that are based in whole or in part on damages or injuries allegedly caused by the equipment or any use or other aspect thereof and any costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Region and Fiscal Agent in connection with any such claims or any breach by Agency of this Agreement, when reasonably asked to do so by the Region.

Governing Law: This Agreement shall be interpreted under and governed by the laws of the State of Kansas.

Related Federal Regulations per 44 CFR. Part 13. Section 13.32: The Agency shall not use equipment to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted by federal statute. The Agency may use equipment to be replaced as a trade-in or sell the property and use proceeds to offset the cost of the replacement or similar use property, with approval from the Region and final approval from the state and federal agencies. The Agency may sell or dispose of equipment valued at under $5,000 upon approval of the KHP HSO and notification to the Region the date equipment was sold, sale price of equipment, and entity that was sold to (if selling equipment) or upon notification to Region that equipment is requested to be disposed and reasons for disposition (if disposing equipment). If equipment is sold for $5,000 or more, the federal government shall have the right to receive proceeds from the sale in excess of grant funds provided for such item; this does not apply to transferring equipment to other entities or in applying the sale proceeds towards acquiring other homeland security-related equipment that costs more than the equipment sold.

Disposition of Property: The Agency may dispose of or remove from inventory any or all equipment when the useful life of the original or replacement equipment acquired under the grant award has expired or when any or all equipment is no longer needed for the original project or program. Disposition of the equipment will be made as follows:

• The Homeland Security Grant Program Equipment Disposition Form should be filled out when any equipment is sold, transferred, broken, lost, stolen, or has met its life cycle.

• Items with a fair market value of less than $5,000.00 may be retained, transferred, or otherwise disposed of and removed from inventory with KHP HSO approval.

• Items with a fair market value in excess of $5,000.00 may be retained, transferred, or otherwise disposed of and removed from inventory with prior written KHP HSO approval. A copy of said approval shall be provided to the Region.

Life Cycle: Life cycle may be measured by the protocols published as Circular A-76 by the White House Office of Management and Budget (OMB) and seen at:

http://www.whitehouse.gov/sites/defaultlfiles/omb/assets/agencyinformation circulars procure ment pdf/a076supp.pdf

Fair market value is defined as the amount for which equipment would sell on the open market if put up for sale. The fair market value will be determined by the KHP HSO.

Notices. All notices regarding this Agreement will be considered properly delivered if sent by U.S. postal mail, email or fax to the Fiscal Agent as follows:

For Fiscal Agent:

Name: John R. Cyr Agency: North Central Regional Planning Commission Address: 1 09 N Mill Street PO Box 565 City/State/Zip: Beloit KS 67 420 Fax number: 785) 738-2185 Email address: [email protected]

Notification Address For Agency:

Name: Dusty Nichols Agency: Shawnee County Emergency Management Address: City, State, Zip Email address

200 SE th Street SB-1 0 Topeka. KS 66603-3932

REQUIRED Signatures:

For Regional Homeland Security Council:

By: Authorized Signature

Date: ________ _

For Agency: _____________________ ___

By: Date:----------Authorized Signature

For Fiscal Agent: North Central Regional Planning Commission, Tim Vandall

By: Authorized Signature

OPTIONAL Signatures for Local Approval:

By: ~ L~ Approved as to form, County Counselor

Date: ________ _

Date: 1 ,.f' -l"f

By: -:-------:------------ Date: _______ _ Attested to, County Clerk

Midwest Card and ID 2012 4747 NW Gateway Riverside, MO 64150

Voice: Fax:

Sold To:

(816) 221-0620

(816) 221-1213

Duplicate

Ship to:

Invoice Invoice Number:

19230

fuwice Date: May 9, 2014

Page: 1

North Central Regional Planning Comm Attn.: Accounts Payable

~orth Central Regional Planning Comm 109 N. Mill Street

PO Box 565 Beloit, KS 67420

Customer ID NORTH CENTRAL

Sales Rep ID Brenden

Quantity Item 8 . 0 0 COMPUTER

2 . 0 0 CONTRACT

Check/Credit Memo No:

Beloit, KS 67420

Customer PO Payment Terms 13-NEK140414. 001 Net 30

Shipping Method Ship Date

Description Unit Price ~ell Latitude Laptop 3,317.00

./Serial #2NFHYZ1 ~\-o.~''::.t C:V t.\\1 (\:)·,.~~ C'-liC'\'o\;.1

- Serial #CQFHYZ1 \·:,\-e~C:o ~:q-. ~\.;~, Q;/-·--- _·y .• :)•< , ~ ·'

Serial #JCFHYZ1 -

Serial #7PFHYZ1

Serial #4FFHYZ1 c) .. \ ~ ,~ ...... .-· '• ·., . : ';, __ ... ~- ~~

-~-- \.:.: '-'.

;

Serial #GVGHYZ1 .. ..,

Serial #35HHYZ1

Serial #7YGHYZ1 - )

Two annually scheduled visits in

central loctiona of NE KS

14,512.50

' & ........ ~ ,.,.......:.

·.J": \ -~

Subtotal Sales Tax

Freight Total Invoice Amount

Payment/Credit Applied TOTAL

Days

Due Date 6/8/14

Extension 26,536.00

29,025.00

55,561.00

55,561.00

55,561.00

Buyer: PURCHASE ORDER

13-NEK140414.001 '

North Central Regional Planning Commission THIS NUMBER MUST APPEAR ON INVOICES, 8/L, BUNDLES, CASES,

P.O. Box 565 PACKING LISTS, AND CORRESPONDENCE

Beloit, KS 67420 (785) 738-2218 FY13 NORTHEAST KANSAS Fax: (785) 738-2185 FIN: 48-0808208 REGIONAL HOMELAND SECURITY PROGRAM

Tax Exempt#: KSJ1XMOGJD

Expiration Date: 11/01/2014 Project: FY131MT Sustainment Equipment

Vendor Information:

I I Midwest Card & ID Solutions, LLC. DATE

14-Apr-14 4747 NW Gatewa:t:Ave. FUNDING SOURCE

Kansas Homeland Security Program Riverside, MO 64150 TERMS

Net30 F.O.B.

Attn: Brenden Ourth SHIP VIA

L ~ BEST

End User: Northeast Kansas Regional Homeland Security Program

SHIP TO: Alan Radcliffe, Director Franklin County Emergency Management, 1428 S. Main Street, Ste. #2, Ottawa, KS 66067 Tel: (785) 229-3505 Email: [email protected]

QUANTITY DESCRIPTION AMOUNT

8 Dell Latitude 6430 ATG Computers $ 3,317.00 $ 26,536.00

2 Two 1_2} annually_ scheduled visits at a central location of the NEK r~on $ 14,512.50 $ 29,025.00

$ - $ -$ - $ -$ - $ -

$ - $ -$ - $ -

(See attached _g_uote for complete details) $ - $ -Special Instructions: $ - $ -Serial numbers associated with the equipment and locations assigned are to be provided to the North Central Regional Planning Commission at the time of invoice. $ - $ -

$ - $ -$ - $ -$ - $ -$ - $ -

NOT To Exceed Total: ~t;;~~:cb;~:~~jiiB $ 55,561.00

NOTICE: Vendors are hereby notified this order is part of a project solely funded by federal dollars with access to those funds endina April 30 2015. Any orders delivered or invoiced past that date may b~illia..atttKI sole discA!l ion of the buyer.

By accepting this purchase order, vendor acknowledges payment will be made by fiscal agent ( Cfj/0 within ten (10} days following receipt of funds from the state. Other payment terms do not apply. ~ j/1 -----John R/ Cyr ~Aut ~ :,. ature

RECEIVED BY DATE Fiscal ~gent

Bill To: North Central Regional Planning Commission, P.O. Box 565, Beloit, KS 67420 (785) 73'M218, Fax: (785) 738-2185

September 9, 2014

SHAWNEE COUNTY Department of

Emergency Management 200 SE ?'h Street



MEMO: Out of State Travel- No Cost to County

TO:

FROM:


Dave Sterbenz - Director Nelson E Casteel -Ambulance Compliance Officer Shawnee County Emergency Management

Attached is a letter indicating the selection of a department employee to attend training at the Center for Domestic Preparedness in Anniston Alabama.

Cost to County: There will be no cost to the county as all expenses including flight, parking, food, lodging and per diem are covered by the Department of Homeland Security.

Should their services be needed, the employee has indicated a willingness to provide any required and/or necessary assistance.

Mission Essential Function: This training allows the department to continue in its mission essential functions including all missions; Prevention, Protection, Response, Recovery and Mitigation.

Benefit to County: The training allows Shawnee County Emergency Management to remain educated and informed as well as serves the employee in receiving hours of required training for their certification as an Emergency Manager.

Please place on the September 15, 2014 agenda for approval.

Should you have any questions please feel free to contact: Director Dave Sterbenz [email protected] or 785-251-4151 Compliance Officer Nelson E Casteel at [email protected] or 785-251-4558

###


c L

August 26, 2014

Topeka, KS 66604

Dear Mr. Casteel,

Center for Domestic Preparedness

Anniston, AL 36205

FEMA

You have been selected to attend training from 9/21/2014 through 9/27/2014 at the Center for Domestic Preparedness (CDP) in Anniston, Alabama.

You will be traveling on Federal Emergency Management Agency (FEMA) Invitational Travel Orders. This is authorized for persons serving in a capacity that is related to, or is in connection with, an official FEMA activity. FEMA will reimburse allowable transportation costs to and from your airport terminal.

Upon arrival at the CDP, you will complete a Student Travel Worksheet, CDP-T&E-0027, to assist with the reimbursement process. Your Travel Voucher, SF 1012, will be provided to you at your travel briefing; you will need to sign and return it to the CDP Travel Office in order for you to receive reimbursement.

You may be reimbursed 75% of the per diem rate for travel days (unless meals are provided) and the incidental rate for all other days. You are eligible for reimbursement of baggage fee for one checked bag each way, round trip mileage from your residence to the airport, and parking at the airport. All lodging and meals will be provided by the CDP at no cost to you.

The total reimbursement for travel to and from the airport including parking will be based on a cost comparison of a privately owned vehicle (POV) and commercial transportation. You are required to use the most cost effective means of travel and parking. If you choose to drive to the CDP, a cost comparison of the POV mileage and airfare will be completed and you will be reimbursed at the lesser rate.

You are responsible for faxing copies ofyour airport parking, baggage fee receipts, and any other applicable receipts required within three business days to the CDP Travel Office at 256-847-1975/1973 for reimbursement. CDP provided air travel tickets will be paid separately by the government and do not require submission of receipts.

CDP-TE-0042.1

Student Copy

Center for Domestic Preparedeness (CDP) FEMA Travel Invite Letter 04/09/2013

August 26, 2014 Page2

Should you be scheduled for training that requires you to stay at the CDP over a weekend, a rental car (for those traveling to the CDP via air travel) and per diem for meals is authorized. Reimbursement for those costs will require presentation of all receipts for the rental car and gas. More detailed travel information is available on the Back-to-Back Instructions, CDP-T &E-0030, included in your welcome packet.

If you have any questions regarding this information or your travel arrangements please call the CDP Travel Office at 256-847-2079, toll free 866-213-9549, or e-mail your questions to [email protected].

CDP-TE-0042.1

Sincerely,

/4.LJA~

Student Copy

Michael Aguilar Registrar

Center for Domestic Preparedeness (CDP) FEMA Travel Invite Letter 04/09/2013

Center for

Domestic

Preparedness

I ~~·

I ~·FEMA

Program XX (ARlO)

Advanced Radiological Incident Operations

Week Offered

Subscribe to the iCal Feed of Program XX Register for this Program

Things you should know before attending training

Advanced Radiological Incident Operations (ARlO)

Target Audience/Disciplines

Any member of an organized federal, state, local, or tribal radiological/hazardous materials response team who have responsibility for responding to or managing a

radiological incident. These individuals may be members of federal, state, tribal, local, and private-sector response teams. Local or tribal participants should reside within

either of two Emergency Planning Zones (EPZ). The two EPZ's are described as 1) the plume exposure pathway EPZ has a radius of about 10 miles from the reactor site, or

2) the ingestion exposure pathway EPZ has a radius of about 50 miles from the reactor site. There are over 100 commercial nuclear power reactors in the United States.

An Excel spreadsheet of jurisdictions, broken down by FEMA Region and state, eligible to attend Radiological training courses is available in the additional resources section

to the right

Overview

The Advanced Radiological Incident Operations course is a five-day course providing participants with the advanced skills necessary to safely respond to and manage

incidents involving radiological hazards. Participants apply these skills in tabletop exercises based on realistic radiological incident scenarios, set within the ICS structure.

At the conclusion of this course, participants will be able to accomplish the following:

Identify hazards created by a release of nuclear power plant radioactivity and fallout created by a nuclear detonation.

Outline protective actions that must be taken for the public and other responders during an incident.

Apply relocation, re-entry, and return procedures relative to ingestion exposure pathways ..

Recognize the benefits of using plume modeling for making response decisions during an incident involving radiological materials.

Identify selected radiation responder kits that may be used during radiological response.

Generate an Incident Action Plan.

As this course is being taught the RERO course will also be in session with both courses coming together in an Integrated Capstone Event (ICE). The ARlO course will focus

on Emergency Operations Center (EOC) responsibilities, coordination of the field monitoring teams, data collection, and developing recommendations for protective actions

whereas the RERO course will focus on 1st Responder hands-on equipment skills, and responsibilities as members of a field monitoring team during radiological Plume and

Ingestion Pathway incidents.

Course Length

5.0 days

Additional Requirements

To be eligible to attend ARlO, a candidate must:

Have successfully completed IS-100.b, IS-200.b, and IS-700.a.

Have successfully completed PER-904, Radiological Emergency Response

Operations (RERO); or PER-240 WMD Radiological/Nuclear Responder

Operations Course; or PER-241 WMD Radiological/Nuclear Course for HazMat

Technicians

Course Code

PER-905

Continuing Education Credits

The Center for Domestic Preparedness is authorized by IACET to offer 4.0

CEUs for this program.

Police Officer Standards and Training (POST; approved per state):40

Date:

To:

From:

Re:

Shawnee County

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

785-251-6101 FAX 785-251-4920

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

COUNTY ENGINEER

MEMORANDUM

September 9, 2014


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

Request to Solicit Bids and/or Negotiate for Purchase of New/Used Capital Equipment

The Shawnee County Department of Public Works (SCDPW) requests authorization to solicit bids for the purchase of the following capital equipment. In accordance with the 2014 SCDPW Strategic Plan regarding equipment fleet management, annual capital equipment replacement needs for Public Works is projected to be $800,000/year; however, that level of funding is not available at the current time. Therefore, the 2014 request for capital equipment replacement has been reduced as indicated below:

• Two Single-axle Dump Trucks with snow plow and sander attachments. o These pieces of equipment are used extensively throughout the year to

haul material for numerous projects, salt/sand roadways and plow snow. One of the trucks being recommended for replacement is a 1991 model with 155,000+ miles and is experiencing significant electrical problems. The other truck being recommended for replacement is a 1994 model with 186,000+ miles. The estimated purchase cost is $120,000/each for a total cost of $240,000, less trade-in.

• Sweeper Truck (Used/Refurbished) o This piece of equipment will be utilized often throughout various times of

the year to pick up the excess aggregate material and sand for the chip/sealing and sanding operations noted above to prevent it from entering the roadway drainage systems. The estimated cost for a used/refurbished piece of this type of equipment is $40,000-$70,000. The purchase of this item would be negotiated depending upon the units that are available for purchase from various equipment suppliers

I) '

Board of County Commissioners September 9, 2014 Page2

• Vibratory Trench Roller Compactor: o This piece of equipment will be used extensively by the Bridge

Department to improve soil compaction that is a vital component of our culvert replacement projects. The estimated cost of this piece of equipment is $40,000.

Shawnee County residents will benefit by the approval of this request in that the SCDPW will be able to more efficiently and effectively complete road maintenance, ice/snow removal, and culvert replacements 'on its entire roadway system, thus improving safety and maximizing the life expectancy ofthis vital component of Shawnee County's infrastructure system, which is used every day by nearly every resident of the county. The provision of maintenance has proven to reduce the long-term maintenance costs of roadway systems, as compared to deferring maintenance until such a time that a much more costly maintenance method is required. Providing efficient, timely maintenance results in a safer roadway for motorists and minimizes the tax support ultimately needed for adequate roadway maintenance.

The total financial impact of this request is estimated to be $320,000-$350,000, less trade-in.

Funding for purchase of this equipment is requested to come from the Capital Equipment Fund (Account No. 34EFOOO).

Discussions have been had with the Audit-Finance Director regarding these requests.

It is recommended that authorization be granted to the SCDPW to solicit bids for the capital equipment as presented above.

Your consideration of this request is appreciated.

Memorandum

Shawnee County OFFICE OF COUNTY APPRAISER

J. Mark Hixon, CKA, RMA

To: Board of Shawnee County Commissioners

From: J. Mark Hixon, Shawnee County Appraiser

Date: September II, 2014

Re: Agenda Request (Amended)- Fill Vacant Personal Property Office Manager Position

Please place the following item on the item on the September 15, 2014 BCC Agenda:

I am requesting authorization to fill the recently vacated position of Personal Property Office Manager. This is an essential position and there are sufficient funds in the Appraiser's Budget to cover the expenditure.

Fiscal note: Salary Range 21, Step I, $13.60/hour plus benefits results in $41,620/year. Incumbent salary and benefits, $51,310.

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

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

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

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

September 1 0, 2014

TO:

FROM:

Board of Commissioners Shawnee County

Allison Alejos Q~ Director - Local Health Department

;

RE: Approval of Health Initiatives, LLC Contract for Consultant Services Regarding Development of Fetal and Infant Mortality Review Project

Action Requested: Approval of Health Initiatives, LLC contract for consultant services regarding the development of the Fetal and Infant Mortality Review (FIMR) Project for the Shawnee CountyHealth Agency (SCHA). .

In cooperation with SCHA and its representatives and collaborative partners, Health Initiatives, LLC will provide FIMR project development services. Scope of services includes:

• Confirm plan of action and timeline for deliverables • Obtain Memorandum of Understanding with FIMR partners • Develop programmatic features to train key FIMR staff • Build community support and collaboration • Train/orient FIMR Case Review Team participants • Attend meetings • Contribute to 2014 grant reports • Provide consultant and grant progress report

The term of this contract commences on September 19, 2014 and will end December 31, 2014 unless earlier terminated. The proposed pay is sixty and no/100 dollars ($60.00) per hour not to exceed eight (8) hours per week, which will be paid from the FIMR grant.

AA/klw Attachments C: Jon Thummel, Director- Shawnee County Human Resources

Diane Creek, Division Manager- Public Health Outreach Kay Morgan, SCHA Personnel Specialist

Leading the way to a healthier Shawnee County

F

Agreement for Consulting Services

This agreement is entered into by and between Health Initiatives, L.L.C., hereafter "Consultant" and Shawnee County Health Agency- Local Health Department hereafter "Business."

The parties agree as follows:

1. Scope of Services: Consultant is hereby engaged to perform consulting services for the

Business regarding the following: Development of the Shawnee County Fetal Infant Mortality Review (FIMR) program. See description of services in Appendix A.

2. Obligations and Responsibilities: The parties will perform their respective obligations and responsibilities as described herein upon the terms and subject to the conditions contained within this Agreement.

3. Term of Agreement: This Agreement shall commence on September 19, 2014 and will end December 31, 2014 unless earlier terminated.

4. Consulting Fee: Business agrees to pay unto Consultant as follows: An hourly fee of $60.00 dollars at eight (8) hours per week. This hourly fee is to include mileage for one trip per week to and from Topeka, KS and Overland Park, KS for FIMR project development services as mentioned in Appendix A. No additional payment will be made by Business to Consultant for mileage. Fee for service will be due to Consultant within ten (10) business days upon completion of each month's contract deliverables as outlined in Appendix A. The payment schedule is as follows:

1st payment-due October 10,2014 2nd payment-due November 14,2014 3rd payment-due December 12, 2014 4th payment-due January 14, 2015

5. Conduct of Services: Consultant will, at mutually agreeable times and locations, engage in such discussions and meetings with designated staff as may be reasonably necessary to satisfy the direct obligations and responsibilities of this agreement. The Business reserves the right to request revision to any and all deliverables and/or materials developed by Consultant hereunder, and Consultant shall provide such revisions and/or modifications to Business within five (5) business days of receipt of such request.

6. Limited Services/Confidential Information: Consultant will assist Business in accordance with the scope of services. Services not included in Scope of Services and as outlined in Addendum A, may be performed by Consultant at the request of the Business for the hourly fee

of $60 dollars. Consultant expressly agrees not to divulge, publish or communicate any

General Agreement 1

information regarding the Business or their fmancial conditions to any person without the express written consent of the Business. All information obtained by Consultant during this engagement and all suggestions and recommendations received by Busin€?ss shall remain the property of the Business and Consultant shall keep all such matters confidential.

7. Independent Contractor: Nothing in this Agreement shall be interpreted to place either party in a relationship of joint ventures or as agent for the other party; nor is either party an employer or employee of the other party. Consultant is an independent contractor and is not entitled to or covered by Business benefits, including without limitation, medical, dental, unemployment or pension benefits. Business reports all fees to the Internal Revenue Service as required by the Internal Revenue Code and state law as applicable. Business does not withhold Federal, State and City income tax and Social Security tax from fees paid to Consultant. As an independent contractor, Consultant is responsible for all applicable income taxes, which may become due as a consequence of its activities hereunder this Agreement.

8. Force Majeure: A party will not be in breach of or in default under this agreement on account of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party's reasonable control (each a "Force Majeure Event"). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:

(a) notify the other party of the Force Majeure Event and its impact on performance under this agreement; and

(b) use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.

9. Termination: The term of this Agreement shall begin and end on the dates hereof and shall terminate from the date aforementioned in this Agreement unless sooner terminated by Business. In the event of an early termination Consultant shall only be entitled to payment for actual work performed which shall be equal to the amount of time spent in rendering the services, not to exceed eight (8) hours per week multiplied by $60.00 dollars per hour.

10. Governing Law:

(a) Choice of Law. The laws of the state of Kansas govern this agreement (without giving effect to its conflicts of law principles).

(b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Shawnee County, Kansas.

11. Amendments: No amendment to this agreement will be effective unless it is in writing and signed by both parties and/or its authorized representative.

12. Assignment and Delegation:

General Agreement 2

(a) No Assignment. Neither party may assign any of its rights under this agreement, except with the prior written consent of the other party, which consent may not be unreasonably withheld. All voluntary assignments of rights are limited by this subsection.

(b) No Delegation. Neither party may delegate any performance under this agreement, except with the prior written consent of the other party, which consent may not be unreasonably withheld.

(c) Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section 12, it is void.

13. Counterparts; Electronic Signatures:

(a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.

(b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

14. Severability: If any one or more ofthe provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.

15. Notices:

(a) Writing; Permitted Delivery Methods: Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.

(b) Addresses: A party shall address notices under this section 15 to a party at the following addresses:

If to the Consultant: Attn: Shalae Harris Director, Health Initiatives, L.L.C. 14908 Glenwood Ave. Overland Park, KS. 66223 Cell: 316-619-6187 Email: shalae _ [email protected]

General Agreement 3

If to the Business: Attn: Allison Alejos Director, Local Health Department Shawnee County Health Agency 1615 SW 8th Ave. Topeka, KS. 66606 Office: 785-251-2028

·Email: [email protected]

(c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.

16. Waiver: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not

similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

17. Interpretation Provision: This Agreement has been negotiated by the parties in good faith. The parties represent and warrant to one another that each has, by counsel or otherwise actively participated in the fmalization of this Agreement, and in the event of a dispute concerning the interpretation of the Agreement, each party hereby waives the doctrine that an ambiguity should be interpreted against the party which has drafted this document.

18. Reservation of Right: Consultant reserves the right to enter into contractual arrangements with other entities for similar or related services.

19. Entire Agreement: This agreement along with any attachment(s) and/or addendum(s) constitutes the fmal agreement of the parties. It is the complete and exclusive expression of the parties' agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

20. Headings: The descriptive headings ofthe sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.

21. Effectiveness: This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.

22. Necessary Acts; Further Assurances: Each party and or its officers or directors shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate

General Agreement 4

.ATK .. ·.· .. · l;; "" • . > . . .

' !

and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.

[SIGNATURE PAGE FOLLOWS]

General Agreement 5

Each party is signing this agreement on the date stated opposite that party's signature.

Date: 09/09/2014 ____ _

Date: _______ _

Attachments (1): Appendix A-Description of project, project services and deliverables

General Agreement

CONSULTANT:

Name: Shalae Harris Title: Director, Health Initiatives, L.L.C.

BUSINESS:

By: ______________________________ __

Name: Robert E. Archer Title: Chair, Board of County Commissioners ofthe County of Shawnee, Kansas

Approved as to Le and Form: Date,--~c-I-J.-1-.J..-/-

l/1

6

Appendix A

.tit~ .. 11'1'\

Description of Project, Project Services, and Deliverables

I. Description ofProject

A. Project Description: In cooperation with the Shawnee County Health Agency- Local Health Department and with its representatives and collaborative partners from Shawnee County, Consultant will provide FIMR project development services for the Shawnee County FIMR program.

B. Project Contacts: Consultant will render its services in cooperation with the Shawnee County Health Agency - Local Health Department. The Business contact is Allison Alejos, Director, Local Health Department, Shawnee County Health Agency located at 1615 SW 8th Ave. Topeka, KS. 66606 and may be reached at 785-251-2028. The Consultant contact is Shalae Harris, Director, Health Initiatives, L.L.C.Iocated at 14908 Glenwood Ave., Overland Park, KS. 66223 and may be reached at 316-619-6187 or shalae _ [email protected].

II. Project Services

Consultant scope of services is a follows:

• Meeting to confirm plan of action and time line for de live rabies with Shawnee County Health

Agency- Local Health Department representatives

• Distribute and obtain Memorandum of Understanding (MOU) with appropriate FIMR

partners

• Develop programmatic features to train project's key FIMR staff (Coordinator, Chart

Abstractor, Maternal Interviewer) in data gathering, family interviewing process, and Case

Review Team (CRT) reports

• Build community support and collaboration that will include presentations to build

relationships for the CRT and Community Action Team (CAT)process

• Train/orient FIMR CRT participants

• Attend two CRT meetings for the Shawnee County FIMR program

• Contribute to 2014 grant reports for the Shawnee County FIMR program as needed

• Provide consultant and grant progress report at the end of this contract

ill. Deliverables

Consultant will provide the follo.wing key deliverables:

Deliverable 1-Due on or before September 26,2014

General Agreement 7

.ttt~ 11fT\ . '

• Meet with Shawnee County Health Agency- Local Health Department FIMR program representatives regarding contract timeline

• Complete Institutional Review Board (IRB) required training for FIMR program involvement and provide documentation of training to Shawnee County Health Agency- Local Health Department FIMR program representatives

• Distribute MOU's for St. Francis Health Center, the Birth and Women's Center, and others as identified

• Set date, time and place for first CRT meeting

Deliverable 2-Due on or before October 31, 2014

• Meet with project chart abstractors and maternal interviewer to plan course of action for

case abstractions that would include orienting on the FIMR process, confidentiality

procedures, and building a case summary for CRT meetings

• Begin training with key FIMR staff on data gathering

• Begin chart abstractors at local hospitals and the Birth and Women's Center • Invite Case Review Team to orientation meeting

• Meet with all FIMR staff to discuss program progress

Deliverable 3-Due on or before November 28, 2014

• Prepare CRT materials • Convene first CRT meeting and orient team to the FIMR process

• Meet with all FIMR staff to discuss program progress and continue advisement to all FIMR

staff on process

• Develop FIMR presentation to build community support-Shawnee County Health Agency

Local Health Department will identify venues, times, and attendees

Deliverable 4-Due on or before December 31,2014

• Prepare Case Review Team materials

• Convene second CRT meeting

• Attend and contribute to FIMR presentations (not to exceed two) to build community support-Shawnee County Health Agency- Local Health Department will identify venues, times, and attendees

• Meet with all FIMR staff and Shawnee County Health Agency- Local Health Department program representatives to discuss program progress and next steps

• Provide consultant and grant progress report to Shawnee County Health Agency- Local Health Department

General Agreement 8

SHAWNEE COUNTY HEALTH AGENCY BUSINESS ASSOCIATE AGREEMENT

ADDENDUM TO SHAWNEE COUNTY CONTRACT C-__ __ _

THIS rss AS CIATE AGWMENT ("Agreement') is made and_ entere~ i~to on tl11S · day of - . 20 by and between the Board of County Conumss10ners of the Co ty- of Sha-. ~-behalf of the Shawnee County Health Agency_ , (hereinafter "Covered Entity"), ana · · _ · .- \~f&£'B siness Associate"), collectively "the Parties". ~ _lL _-....:...A.: u _

<:::::::::7~ "' ..... ......,.,.

WHEREAS, the parties have entered into Shawnee County Contract C-__ -__ (the "Underlying Agreement'') whereby Business Associate agrees to perform certain functions on behalf of Covered Entity and/or provide certain services that qualifies it as Covered Entity's "business associate" pmsuant to 45 C.F.R. §160.103; and

WHEREAS, in the performance of such functions, and/or the provision of such services, Business Associate may require access to Protected Health Information in Covered Entity's possession, custody or control, or may create or receive Protected Health Information on behalf of Covered Entity for the limited purposes identified below; and

WHEREAS, pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended effective March 26, 2013, 45 C.F.R. Parts 160 and 164, et seq. ("Privacy Rule" or "HIPAA") Covered Entity cannot Disclose Protected Health Infonnation to, or authorize the creation or receipt of Protected Health Information on its behalf by, Business Associate unless Covered Entity obtains from Business Associate satisfactory assurances that Business Associate will property safeguard such information; and

WHEREAS, Business Associate is willing to provide such assurances to Covered Entity.

WHEREAS, it is the intent of the Parties that this Agreement rescinds any and all prior Business Associate Agreements previously entered into between Covered Entity and Business Associate, and it is the Parties' intent that for any Protected Health lnfonnation and/or Electronic Protected Health lnfonnation already in its possession, Business Associate will comply with the following provisions.

NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Parties agree as fol1ows:

l. Definitions

Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms are defined in tbe Privacy Rule, including Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Electronic Protected Health Infonnation, Required By Law, Security Incident; Subcontractor, Unsecured Protected Health Infonnation, and Use.

1

2. Obligations and Activities of Business Associate

Business Associate agrees to:

a. Not Use or Disclose Protected Health Infonnation, including Electronic Protected Health Infonnation, other than as pennitted or required by this Agreement or as Required By Law.

b. Use appropriate safeguards to prevent any Use or Disclosure of Protected Health lnfonnation other than those pennitted by this Agreement. Business Associate shall implement administrative safeguards as required under 45 C.F.R. 164.308, physical safeguards as required under 45 C.F .R. 164.310 and technical safeguards as required by 45 C.F.R. 164.312 that reasonably and appropriately protect the confidentiality, integrity, and security of the Electronic Protected Health lnfonnation that it creates, receives, maintains, or transmits on behalf of Covered Entity, as required by HIPAA.

c. Report to Covered Entity any Use or Disclosure of Protected Health Infonnation not provided for by this Agreement of which it becomes aware, including breaches of Unsecured Protected Health Information as required at 45 C.F .R. 164-410, and any Security Incident ofwhich it becomes aware.

1. Business Associate must report any Use or Disclosure that could constitute a Breach within five (5) business days of the date the Business Associate becomes aware of the Breach. Business Associate will provide sufficient information to permit Covered Entity to investigate and comply with its obligations under the Breach Notification Rules, including but not limited to:

a) identification of each Individual whose Unsecured Protected Health Information has been or is reasonably believed by Business Associate to have accessed, acquired, Used or Disclosed during the breach

b) A description of the breach c) date of the breach d) date of discovery of the breach e) the types of Protected Health Information involved in the Breach f) the investigation procedure and results, and a plan for mitigation

n. Business Associate shall work cooperatively with the Covered Entity to mitigate any harmful effect of any Use or Discloslll'e not provided for by this Agreement, and the Covered Entity may, at its election, assign notification duties to the Business Associate.

iii. Business Associate agrees to pay all costs for mitigation and notification made by Covered Entity to fulfill its obligations under 45 C.F.R. 164.402-414.

2

d. In accordance with 45 C.F.R. 164.502(e)(l)(ii) and 164.308(b)(2), if applicable, obtain and maintain a Business Associate Agreement with each Subcontractor, Business Associate or agent which creates, receives, maintains or transmits Protected Health Information in performance of services on behalf of Business Associate and ensure such Subcontractor or agent shall agree to be bound by the same privacy, security and security Breach notification requirements that apply to Business Associate hereunder.

e. Provide access to, at the request Covered Entity, Protected Health Information, including that within a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual within five (5) business days from a request by Covered Entity or Indivi.dual pursuant to 45 C.P.R. 164.524.

f. Make any amendrnent(s) to Protected Health Information in a Designated Record Set as directed or agreed to by Covered Entity pursuant to 45 C.P.R. 164.526 within five (5) business days from a request by an Individual or Covered Entity.

g. Maintain and make available the infonnation required to provide an accounting of Disclosures to the Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.P.R. 165.528 within five (5) business days from a request by an Individual or by the Covered Entity.

h. Make its internal practices, books, and records available to Covered Entity, the Department of Health and Human Services (HHS), and/or the Office for Civil Rights (OCR) or their agents, upon request, for purposes of detennining compliance with the Privacy Rule.

1. To the extent Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 C.P.R. Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s).

j. To the extent applicable, utilize appropriate encryption and destruction methodologies in transmitting and/or destroying Covered Entity's Protected Health Infonnation.

3. Permitted Uses and Disclosures by Business Associate

a. Business Associate may only Use or Disclose Protected Health Information to fulfill its contractual obligations as set forth in the Underlying Agreement.

b. Business Associate may Use or Disc.lose Protected Health Infonnation as Required By Law.

3

c. Business Associate agrees to make Uses and Disclosures and requests for Protected Health Infonnation in accordance with Covered Entity's Minimum Necessary policies and procedures and as set forth in the Privacy Rule.

d. Business Associate may not Use or Disclose Protected Health lnfonnation in a manner that would violate the Privacy Rule if done by Covered Entity, except for the specific Uses and Disclosures as follows:

1. Business Associate may Disclose Protected Health Information for the proper management and administration of Business Associate or to carry out the legal responsibilities of the Business Associate, provided the Disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is Disclosed that the infonnation will remain confidential and Used or further Disclosed only as Required By Law or for the purposes for which it was Disclosed to the person, and the person notified Business Associate of any instances of which it is aware in which the confidentiality of the information has been Breached.

ii. Business Associate may provide Data Aggregation services relating to the Health Care Operations of the Covered Entity.

4. Obligations of Covered Entity

a. Covered Entity shall notify Business Associate of any limitation(s) in the Notice of Privacy Practices of Covered Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate's Use or Disclosure of Protected Health Information.

b. Covered Entity shall notify Business Associate of any changes in, or revocation of, the permission by an Individual to Use or Disclose his or her Protected Health Information, to the extent that such changes may affect Business Associate's Use or Disclosure ofProtectedHealth lnfonnation.

c. Covered Entity shall notify Business Associate of any restriction to the Use or Disclosure of Protected Health Information that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate's Use or Disclosure of Protected Health Information.

d. Covered Entity shall not request Business Associate to Use or Disclose Protected Health Information that would not be permissible under the Privacy Regulations if done by Covered Entity.

4

5. Term and Termination

a. Tenn of Agreement. This Agreement shall become effective on the date fully executed, and shall continue in effect and run concurrent to the Underlying Agreement so long as Business Associate continues to perform certain functions on behalf of and/or provides certain services that qualifies it as Covered Entity's "business associate" pursuant to 45 C.F.R. § 160.103, or until Covered Entity terminates for cause as authorized below, whichever is sooner.

b. Termination for Cause. Business Associate authorizes termination of this Agreement by Covered Entity if Covered Entity determines Business Associate has violated a material term of the Agreement and Business Associate has not cured the Breach or ended the violation within the time specified by Covered Entity.

c. Obligations of Business Associate Upon Termination. Upon termination of this Agreement for any reason, Business Associate, with respect to Protected Health Information received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall:

i. Retain only that Protected Health Information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities;

ii. Return to Covered Entity or, if agreed to by Covered Entity, destroy the remaining Protected Health Information that the Business Associate still maintains in any form;

iii. Continue to use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to Electronic Protected Health Infonnation to prevent Use or Disclosure of the Protected Health lnformation, other than as provided for in this Section, for as long as Business Associate retains the Protected Health Information;

1v. Not Use or Disclose the Protected Health Information retained by Business Associate other than for the purposes for which such Protected Health Infonnation was retained and subject to the same conditions set out in Section 3.d.i.-ii. above;

v. Return to Covered Entity or, if agreed to by Covered Entity, destroy the Protected Health Information retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities;

vi. Provide written certification to Covered Entity certifyin.g compliance with this Section 5.c.

5

d. Survival. The obligations of Business Associate under this Section shall survive the termination of this Agreement.

6. Miscellaneous Provisions

a. Indemnification. Business Associate will indemnify. defend, and hold harmless Covered Entity and its respective directors, officers, employees, and affiliates from and against all claims, actions, damages, losses, liability, fines, penalties, costs, expenses, or reasonable mitigation or remediation services, including, without limitation, reasonable attorney's fees, incurred by Covered Entity arising from or in connection with any breach of tlris Agreement, or any negligent or \Vrongful acts or omissions in connection with this Agreement, by Business Associate or its directors, officers, employees, Subcontractors, or agents.

b. Regulatory References. A reference in this Agreement to a section in the HIP AA Privacy Rule means the section as in effect or as amended.

c. Amendment. The Parties agree to take such action as is necessary to amend ibis Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Privacy Rule and any otl1er applicable law. This Agreement may not be modified, nor shall any provision be waived or amended, except in a writing duly signed by authorized representatives of the parties.

d. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIP AA Privacy Rule.

e. Conflicting Terms. Ill tl1e event any terms of this Agreement conflict with any tenns of the Underlying Agreement, the tenns of this Agreement shall govern and control.

f. Governing Law. This Agreement shall be governed by and construed in accordance with tl1e laws of the State of Kansas.

g. Notices. All notices, requests, approvals, demands an.d other communications required or pennitted to be given under this Agreement shall be in writing and delivered eitlter personally, or by certified mail with postage prepaid and return receipt requested, or by overnight courier to the party to be notified. All communications will be deemed given when received. The addresses of the parties shall be as follows:

If to Covered Entity: If to Business Ass?~~ ate: , , ....., ~ \~<hili·~ lb

!il~ 6

IN W. ITNESS WHEREOF, each of the tu1dersigned has caused this Agreem~ duly exelted in its name and on its behalf effective as of the ~ day of . , w . c

COVERED ENTITY

By __________ _

Print Name _______ _

Print Title--------

Date ·----------

BUSINESS ASSOCIATE

By~~-~~~di~WP£ Print Name ~ tkros Print Title ~ie~

Date Qq\.+ \

7

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

CONTRACTUAL PROVISIONS A TTACHMEN'{ The undeniigned parties agree that the following provisions are hereby incorporated into the contract to 'l'lhich it is attached and made a part thereof, said contract being dated ihe ___ day of --------' 20_.

I. TEBMS HEREIN CONTROLLING PRIDJSIONS. 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 n port of the contract in which this attachment is incorporated.

l. AgREEMFjNJ' WJm KANSAS LAW. It is agreed by and bet\veen the undersigned that all disputes and matters whatsoever arising under, in connection with or incic:k.'llt 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 lows of the State of Kansas.

3. TERMINATION D'L'E TO LACK OF FUNDING APPROPRIATION. Shawnee County is ~-ubject to the Kansas Cash Basis Law, K.S.A 10·1101 et.veq. 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 ~~1tten notice of termination to contractor nt least thirty (30) days prior to the end of its current ftscal year. 1n the even! this agreement is terminated pursuant to this paragraph, County will pay Ill the contractor all regular contractual payments incurred lhrough the end of such Iiscal year. The termination of the contract pursuant to this paragraph shall not caJLo;e any penalty to be charged to the County or the contractor.

4. DISCLAIMER OJ'• LIABILrrx. Neither the County of Shawnee nor any department thllfeof shall hold harmless or indemnify any contractor for lUlY liability whatsoever.

5. ANII·DiscRIM1NATJON CLAUSE. The contractor agrees: (a) to comply witll the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Au- Discrimination in Employment Act, (K.S.A. 44· 111.1 et .wq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et .veq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in th~· adrr>Jssion of access to or treabncnt ur employment in, its progmms or activities; (b) to include in nil solicitations l>r advertisementq for employee&, the phra.-re "equal opportunity employer"; (c) to comply with the reporting requirements sot out in K.SA 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subeontract or purchase order so that they are binding upon such subcontractor or vendor; (e) Umt a f11ilure to comply with the reporting requirements of (c) above or if the contractor i~ fcmnd guilty of any violation of ~1mh acts hy 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 ofADA. that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract .may be cancelled, terminated or su.'ljlClnded in whole or in part by the County. Parties to this contract und!lfstand that subsections (b) through (e) of thi.q partlgraph number 5 are not applicable In a contractor who mnploys fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

6. ACCEPTANC:J\ OF CQN'I'RA<.'T. This contract shalluot be considered accepted, approved or otherwise effective until the required approvals and certifications hnve been given and this is signed by the Board of County Commissioners oftheCouruy of Shawnee, Kansas.

7. ABBITMllQN. DAMAGES. WAR!!ANI!ES· Notwithstanding any langtUige to the contrary, no interpretation shall be allowed to find the Couruy has agreed to binding arbitration, or the payment of damages or penalties upon the occummce of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges~ and no provisions will be given effect whieh attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a porticulnr purpose.

8. REPRESENTA'I'!YE'S AlJTRORJn TO CoNTMCT. By signing this document. the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document. tm behalf of the contractor and that the contmctor agrees to be bound by the provisions thereof.

9. RESPONSIWUTY FoRT ;\XES. The County shall not be respomnble for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the ~11bject matter of this contract.

10. INSinlANCK. 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 damae,e. Subject to the pmvisions of the Krmsas Tort Claim.q 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 vender or lessor holds title.

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Robert E. Arche-r, Chair

Dote:

ATTEST:

Cynthia A. Reck, Shawnee County Clerk

TO:

FROM:

DATE:

RE:

Shawnee County

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

Brian W. Cole, Director

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


Brian W. Cole, Director If-

August 29, 2014

Request for Approval of Food Services Contract Addendum for Juvenile Detention Meals

I am requesting approval of the attached amendment to the food services agreement for the Shawnee County Department of Corrections (DOC) that will be effective from August 1, 2014 through September 30, 2014. The department has contracted for adult inmate and juvenile resident meals through Aramark since October 1, 2004.

As part of the state Juvenile Detention Alternative Initiative (JDAI), conditions of confinement are closely examined to identify ways to improve, thereby reducing the negative long-term impact on juveniles who are placed into detention. A part of that initiative addresses the quantity and quality of nutrition offered. While the current menu provides for the nutritional needs under professional standards, JDAI standards seek to increase and improve this service. The menu funded by this price-per-meal increase provides for double portion of the entree and for fresh fruit rather than sugary for the evening snack.

The costs associated with this change in menu are expected to be $16,000.00 annually. Funds for the increased price per meal will be paid from the Juvenile Detention Facility Funds (238000000), and this addendum has been approved by the County Counselor's office as to legality and form.

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

BWC:tp

cc: Richard Eckert, County Counselor Betty Greiner, Financial Administrator Mary Fletcher, Food Service Manager (Aramark) Timothy Phelps, Division Manager

Amendment No. 11 to Operating Agreement- Food Service

THIS AMENDMENT NO. 11 (this "Amendment"} is entered into this __ day of 2014 by and between Shawnee County, Kansas ("County''} and ARAMARK Correctional Services, LLC, a Delaware limited liability company having its principal place of business located at the ARAMARK Tower, 1101 Market Street, Philadelphia, Pennsylvania 19107 (" ARAMARK").

WITNESSETH:

WHEREAS, on October 1, 2004 the parties entered into an Agreement for the management of the food service operation at the Shawnee County Department of Corrections Adult and Juvenile Detention Centers (as amended, the "Agreement");

WHEREAS, the parties acknowledge the need to address volatility in the cost of food commodities; and

WHEREAS, the parties desire to amend tl- e Agreement as set forth below, effective as of August 1, 2014.

NOW, THEREFORE, in consideration of the foregoing and of the mutual promises in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below. Capitalized terms used but not defined in this Amendment have the meanings ascribed to such terms in the Agreement.

1. Pricing: In accordance with Paragraph S.A-B (Price Redetermination-Prospective} of the Agreement as set forth in Amendment No. 5 to the Agreement dated December 4, 2008, the price per meal charged to the County by ARAMARK for the Juvenile meals shall be changed as a result of mutual agreement. The new pricing is set forth in Attachment A. These prices shall be effective August 1, 2014 and shall remain firm through September 30, 2014.

2. Release: The methodology used to determine the price increase above has been reviewed and accepted by the parties. By their execution of this Amendment, each party hereby waives and releases any and all claims it may have based upon or arising out of any such methodology (including the elements thereof} used to calculate the price per meal as set forth in this Amendment, and further agrees not to bring any action, suit or proceeding challenging such methodology or calculation.

3. Effect of Amendment: Except as hereinabove provided, the Agreement is hereby in all other respects ratified and confirmed.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 11 to be signed by their duly authorized representatives the day and year first written above.

ARAMARK Correctional Services, LLC

By: Mark R. Adams Vice President Finance

County of Shawnee State of Kansas

By: Name: Robert E. Archer Title: Chair

Approved as to L~egality and Form: Date ~ ~"1' !.L..

Attachment A

Shawnee County, Kansas- Juvenile Meals Effective August 1, 2014 through September 30, 2014

#of Inmates•

400-465 466-530 531-595 596-660

Price Per Meal

$2.006 $1.940 $1.865 $1.787

*Price for each week will be determined by the average weekly inmate census. All inmate and staff meals ordered or served (whichever greater) for each week will be billed at the census calculated prices.

Rev. 09/2013 ATTACHMENT To

SHAWNJ!E CODNTY CoNTRACT C'-----

CONIRACJUAL PROVISIONS ATTACHMENT The liDdcrsigned parties agree: that 1he following provisions are hereby incorporated into the contract to which it is attaclu:d and made a part theceot; said contract being dated the __ day of ______ ___, 20_.

I. pmMS HERI!JN CQNTROLLING PROVISIONS. It is expressly agreed 1hat the tmns of each aild evecy provision in this attachment shall prevail and control over the tmns of any other conflicting provision in any other doclJDlent relating to and a part of 1he canttact in which 1his attachment is incorparatcd.

2. AGREEMENt' W1IH KANsAS I.AW. It is agreed by and betwccn the undersigned that all disputes and matters whatsoeva arising lllldcr, in connection with or incident to 1his contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to 1he exclusion of the Courts of any other states or country. All contractllal ag:reemenu shall be &ubject to, governed by, and c:onstJUed 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. 10-1101 el seq. If, in the judgmCDt of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the fimctiao ped'onned in this agreement and for 1he p&yment of the charges hereunder, County may terminate this agreement at the end of its cwrent fiscal year. County agrees to give written notice of tennination 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 paymcnlll incurred !brough the end of such fiscal year. The tmnination of 1he conttact pursuant to this paragraph shall not cause any penalty to be clwged to the County or the contractor.

4. DISCI.AIMER OF LIABILITY. Neither the County of Shawnee nor any dcpanment 1hereof shall hold hannless or indemnify any conttactor for any liability whatsoeva.

5. ANTl-DISCRJMINATION Q.AUSE. The contractor agnx:s: (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 provisiODS of 1he 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 ori&in or llllCCStly, or age in the admission of acct:=~s to oc treatment or employment in, its ~ or activities; (b) to include in all solicitations or advCI'tisemcnts for employees, the plmlse "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 ordCI' so that they are binding upon such subcontractor or vendor; (e) that a fiUime to comply with 1he reporting requirements of (c) above or if the contnlctor is found guilty of any violation of such acts by the Kansas Human Rights Conmrission, soch violation shall constitute a breach of contract; (f) if the contracting agency dctennines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breac.h of contract; (g) if (e) or (t) occms, 1he contract may be cancelled, terminated or suspended in whole or in part by the Cotmty. Partie& to this contract understand that subsections (b) through (e) of this paragraph number 5 me not applicable to a contractor who employs fewer than four employees or whose contract wi1h the County totals $5,000 or less during this fiscal year.

6. ACCEP!ANCE OF CONIRACT. This contraa sball not be conaidc:ed accepted, approved or o1hcr:wise et&ctive UDtil the required approvals and catifications have been given 1111d 1his is sigDod by 1he Boani of County Commissioners of the County of Shawnee, Kansu.

7. Al!BJTRATION. DAMAGES, WAJRANTmS. Notwithstanding any language to the contnuy, no intcrprctation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occnnence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given efii:ct which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warrantie& of merchantability and fitness for a particular purpose.

8. R.EPRJ!S!NTAID'J'S AuJHORJTX To CONTRACT. By signing this document, the rcprescntativc of the conlractor tbCI'eby represents that such person is duly authorized by the contractor to execute this document on behalf of the CODtnlctor and that the contractor agrees to be bound by the provisions thc:R:Of.

9. REsroNSIBIIJTY FOR TAxES. The Cmmty shall not be RISponsiblc for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this conttact.

10. INSl/RANCE. The ComUy shall not be required to purchase, any insunuu:c &&ainst loss or damage to any penumal 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 1he Kansaa 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 penonal property to which vcndar or lessor holds title.

VEN~ By: Mark R. Adams

Vi~e President Finance Title: .....

d'-cfLJ-Iii Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KA...~SAS

Robat E. An:hl:l', Chair

Date;

A TrEST:

Cynthia A. Beck, Shawnee County Cleric

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

TO: Board of County Commissioners

FROM: Brian Cole, Director (;/'-

DATE: September 9, 2014

SUBJECT: Emergency Purchase- Juvenile Detention Center Backflow Preventer

The attached Emergency Purchase Form was initiated as the result of a backflow preventer that malfunction. On July 31, 2014 when the water main break occurred, the backflow preventer at the Juvenile Detention Center malfunction which caused flooding in the basement area. At that time, our vendor was able to stop the flooding water and a rebuild kit was ordered. When the rebuild kit was installed, the vendor recognized that there was too much damage and rust to rebuild the backflow preventer. As a result, a completely new backflow preventer is needed.

After identifying the problem, Ms. Greiner was consulted about the situation. It was determined to proceed with this as an emergency purchase. The cost for equipment replacement and labor is $5,300 which half ($2,650) will be paid through the Capital Outlay fund and the other half ($2,650) will be paid through detention facility funds 1 ODFOOO 50350 .

Thank you for your assistance and I will be happy to answer any questions you may have.

BC:ek

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

EMERGENCY PURCHASE FORM The department head shall make and personally sign of this form and submit it to the Purchasing Division and the Board of County Commissioners on the next succeeding business day that an emergency purchase has been made. A copy shall also be attached to the invoice, which is submitted to the County Clerk for payment.

Please describe the product and nature of the emergency purchase.

When the city water main broke on 7/31/14, the main back flow preventer for the Juvenile Detention Center would not reset properly when the water was restored to the facility. A rebuild kit was ordered and the contactor attempted to rebuild it on 9/8/14. When it was disassembled it was deemed in poor condition. The rebuild kit was installed but would not seal due to corrosion and rust inside. The inside of the backflow is corroded beyond repair and will need to be replaced. The backflow currently in place is original to the building which was built in 1998. The rebuilt kit which was purchased but unable to be used will be saved and used on another backflow in the facility.

Cost of the project is expected to be $5300. - Rebuild kit $1400

New backflow $3200 Labor $700

Department Head Signature

Date

AbES ORDE

4484927

DATE PG#

08/06/14 1

BILL TO CUST#: 80330000

PLUMBING • PIPE • VALVES • FIXTURES • FAUCETS • FITTINGS 1815 WESTERN AVE - TOPEKA, KS 66604

Phone#: 785/234-6627 Fax#: 785/234-4294

SHIP TO

LOC & DESC

4484927

BR#: 03 SHIP ACK'D

SHAWNEE COUNTY JAIL DEPARTMENT OF CORRECTIONS 501 SE 8TH STREET

SHAWNEE COUNTY JAIL PICKER CHECKER DELIVERY

TOPEKA, KS 66607-1113

DEPARTMENT OF CORRECTIONS 501 SE 8TH STREET TOPEKA, KS. 66607-1113

2014 W-BY: evke S-ID: BR03 785/291-5000

All claims of shortages or deductions must be made within 10 days. Show invoice# and date. \ All returns must be acx:ompanied by copy Signature of invoice. Retums subject to restocking charge. Service charge will be added after 30 days.

Print Name

111111111111111111111111111111111111111111111

$

Sales Tax:

Frt/Hndl: Total Amt: Paid Amt:

Bal Due:

'1M fiLU~~r~~ ~eeves-w1eaemanuu \~I~} V~/V~/~VL~ VL:V~:LO rfl -v~L

ESTIMATE# ...... .

WAREHOUSE# ..... . WAREHOUSE NAME ..

CUSTOMER# ...... .

CUSTOMER NAME .. .

ADDRESS ........ .

SALESMAN# ...... . SALESMAN NAME .. .

ESTIMATE DATE .. . FROM-DATE ...... .

TO-DATE ........ .

FOB ........... .

SALES TERMS ... .

JOB REFERENCE ..

71848

REEVES-WIEDEMAN COMPANY Materia1 List EstLmate

Estimate # (71848) 785/234-6627

BRANCH 03 REEVES-WIEDEMAN CO TOPEKA, KS

80330000

SHAWNEE COUNTY JAIL

DEPARTMENT OF CORRECTIONS 501 SE 8TH STREET

TOPEKA, KS 66607-1113

EVKE

EVAN KENNEDY 785/234-6627

09/08/14 09/08/14

09/08/14

501

2/10 PROX/30

TYPE .. .. .. .. . .. NC

REMARKS .......•.

LN# PRODUCT NUMBER DESCRIPTION ............................. UNIT QUANTITY PRICE ... EXT-PRICE.

====================== ========================================

---> SEG 1

1 08009428 4 909NRS 0387184 WATTS BACKFLOW PREV EA 1 3055.33 3055.33

SEGMENT TOTAL 3055.33

ESTIMATE TOTAL 3055.33

Received Time Sep. 9. 2014 1:14PM No. 7030

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