· 6/25/2015 · components of the master plan that relate to marketing and promotion: •...

i SHAWNEE COUNTY

PARKS~RECREATION

June 18, 2015

TO:

FROM:

Board of Commissioners Shawnee County

John E. Knight, Director~ Parks & Recreation -

SUA WNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR

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

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

RE: Presentation - Marketing and Advertising Strategy Update

Board of Commissioners recognition is requested for a presentation by the Sprout Communications, LLC regarding the development of the comprehensive marketing/advertising strategy and the plan for implementation for Shawnee County Parks and Recreation. On March 30, 2015 the Board of County Commissioners approved Contract Cl11-2015 with Sprout Communications, LLC to provide for these services.

Caleb Asher, President and CEO of Sprout Communications will present to the Board of Commissioners the progress that has been made to date. Caleb and his team have reviewed the data that was collected as part of the Master Plan, specifically the information gathered from the focus groups, surveys and public forums. Sprout Communications has met with the different divisions within the department. Teri Simpson, Marketing Coordinator and Olivia Mayer, Volunteer Coordinator have been meeting with Caleb and his team weekly to address the following key components of the master plan that relate to marketing and promotion:

• Develop a strategic marketing plan that focuses the brand and identity of the department as well as increases communication about programs and services.

• Tie the marketing plan directly to the department's mission and vision. • Provide specific guidance as to how the department's identity and brand needs to be

consistently portrayed across the multiple methods and deliverables used for communication. • Use community input to inform marketing efforts. • Build volunteerism in the marketing and communication efforts, and recruit new volunteers

with new skills as the marketing program grows. • Establish performance measures for marketing efforts and review them regularly. • Enhance relationships with partners that can leverage marketing efforts through cross

promotion.

Sprout Communications is excited to share their findings, campaign branding and implementation strategies with the Board of Commissioners. The department looks forward to rolling out the new brand in July.

JEK/lrk

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 Attorne ·:

June 17, 2015

Request for Diversion Fund Payments

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

l) Clayton Paper & Distribution, Inc. for copy paper a) . Invoice No. 82037 dated June 9, 2015 in the amount of$154.50

2) Hoff, Shawn for transcript fees a) Invoice dated June 11, 2015 in the amount of $22.00

3) Sheeley-Seel, Dorothy for transcript fees a) Invoice dated June 10, 2015 in the amount of $87.50

4) Southwest Solutions Group for office supplies a) Invoice No. 62663-1 dated June 11,2015 in the amount of$738.02

5) Thomson West for monthly Westlaw Cle~rPius and Westlaw [Approved by the BCC on 12/22/14] a) InvoiceNo. 831908129datedJune 1,2015 intheamountof$263.29 b) Invoice No. 831915376 dated June 1, 2015 in the amount of$2,486.97

6) Verizon Wireless for telephone and data charges for February 2015 [Approved by the BCC on 10/9/14- Contract #C361-2014] a) Invoice No. 9746571168 dated June 1 1, 2015 in the amount of $1,419.69

7) Westside Stamp & Awards for printing a) Invoice No. 149845 dated June 5, 2015 in the amount of$9.00

The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above itemized invoices, in the total amount of $5, 180.97, to be paid from the Diversion Fund account.

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

Ship To

INVOICE Phone 816·364·0220 Fax 816-~64·0086

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SHAWNEE <;OUNTY 200 SE 7TH STREET PURCHASING B-27 TOPEI\A KS 66603

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

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WE WILL BE CLOSED FRIDAY JULY 3, 2.015 IN OBSERVANCE OF INDEPENDENCE DAY ~THANK· YOU!.

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

Pay By 07/09/2015 . . . ' .

Merchandise Freight .· · Mise Charges Sub Total Taxable Tax nsE> TOTAL

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Southwest Solutions Group

2535-B E. State Hwy 121 Ste. 110

Lewisville, Texas 75056 • • • • • • SOUHIWESTUUUTIOISGRO UP

business efficiency systems

Invoice #: 62663-1

Type: Completion

Order#: 62663

[email protected]

BILL TO: Shawnee County 200 SE 7th Street

Topeka, KS 66603

ATIN:

INSTALL TO: Shawnee County District Attorney 200 SE 7th Street

Topeka, KS 66603

CUSTOMER PO REPRESENTATIVE TI;RMS . " · INVOICe DATE DUE DATE

Aaron Reynolds Due Upon Receipt 06/11/2015 06/11/2015

SHIP DATE TRACKING NUMBER

06/10/2015 1Z6A276R0360124714

LINE QTY PART# DESCRIPTION UNIT UNIT PRICE TAXED TOTA~

1 12

2 1

Items: 2

FS68L Laser On-Demand 8" Folder Label (6-Up), 8" x 1.5"; 6 labels, 6 records/sheet, 50 sheets/pkg

frt Shipping/ Handling.

Thank you!

Please remit payment to: Southwest Solutions Group, Inc. P.O. Box 671784 Dallas, TX 75267-1784

Thank you! FEIN: 75-2703228

Thursday, June 11, 2015

PKG $58.75

EA $33.02

Subtotal:

Tax:

Total:

Total Amount Invoiced:

Amount Previously Invoiced:

100.00 % Billing:

Tax:

Invoice:

....... . . . : ~~· .·• .'11.1'.>::.;,· •. •·••• ... , ..

$705,00

$33.02

$738.02

$0.00

$738.02

$738.02

$0.00

$738.02

$0.00

$738.02

Page 1 of 1

ACCT#

' {~~~:*z} THOMSON REUTERS

INVOICE it 831908129

DESCRIPTION

WEST INFORMATION CHARGES

IMPORTANT NEWS

SHAWNEE COUNTY DISTRICT ATTORNEY 200 SE 7TH ST TOPEKA KS 66603-3922

WEST INFORMATION CHARGES INVOICE MAY OJ, 2015 -MAY 31, 2015

CHARGE

IN USD

263.29

TAX·

IN USD

0.00

Thank you for your business. For more information about us, or your account, please visit us on the web at leg alsolutio ns. thomsonreuters .com PLEASE MAKE CHECKS PAYABLE TO: THOMSON REUTERS-WEST PUBLISHING CORP.

FOR BILLING INFORMATION CALL

1-800-328-4880

INVOICE#

INVOICE DATE

ACCOUNT#

VENDOR#

VAT REG#

AMOUNT DUE IN USD

DUE DATE

831908129

06/01/2015

41-1426973

EU826006554

263.29

07/01/2015

AMOUNT ENCLOSED IN USD ----

1000346770

RETURN BOTTOM PORTION WITH PAYMENT

Thomson Reuters - West Payment Center P.O. Box 6292

WEST INFORMATION CHARGES MAY 01, 2015- MAY 31, 2015

Carol Streain, IL 60197-6292

SHAWNEE COUNTY DISTRICT ATTORNEY·-200 SE 7TH ST TOPEKA KS 66603-3922

PAGE I

TOTAL CHARGE

IN USD

263.29

A

0831908129 0000000000000000000000 20150601 ZCPG 000026329 0010 1000346770 9

I ij 4 2

ACCT#

INVOICE # 831915376

DESCRIPTION

WEST INFORMATION CHARGES

IMPORTANT NEWS

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

WEST INFORMATION CHARGES INVOICE MAY 01, 2015 - MAY 31, 2015

CHARGE

IN USD

2,486.97

TAX

IN USD

0.00

Thank you for your business. For more information about us, or your account, please visit us on the web at legalsolutions.thomsonreuters.com PLEASE MAKE CHECKS PAYABLE TO: THOMSON REUTERS-WEST PUBLISHING CORP.

FOR BILLING INFORMATION CALL

1-800-328-4880

INVOICE#

INVOICE DATE

ACCOUNT#

VENDOR#

VAT REG#

AMOUNT DUE IN USD

DUE DATE

831915376

06/0112015

41-1426973

EU826006554

2,486.97

07/01/2015

AMOUNT ENCLOSED IN USD ----

1000589558

RETURN BOTTOM PORTION WITH PAYMENT

WEST INFORMATION CHARGES MAY 01, 2015 - MAY 31, 2015

PAGE 1

TOTAL CHARGE

IN USD

2,486.97

A

Thomson Reuters - West Payment Center P.O. Box 6292

SHAWNEE COUNTY DISTRICT ATTORNEY SHAWNEE COUNTY COURTHOUSE

Carol Stream, IL 60197-6292 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933

0831915376 0000000000000000000000 20150601 ZCPG 000248697 0010 1000589558 8

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P.O. BOX 4002 ACWORTH, GA30101

0001494 07 MB 2.087 **AUTO T4 0 6201 66603-393364 -C24-P01495·11

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Quick Bill Summary

Previous Balance (see back for details)

Payment - Thank You

Balance Forward Due Immediately

Monthly Charges

~sage and Purchase Charges

Voice

Messaging

Data

Verizon Wireless' Surcharges and Other Charges & Credits

Taxes, Governmental Surcharges & Fees

Account Number

Invoice Number

May 02 - Jun 01

$3,198.84

-$1,599.42

$1,599.42

$1,345.92

$.00

$,00 $.00

$56.28

$17.49

Total Current Charges Due by June 26,2015 $1;419.69

Total Amount Due $3,019.11

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

Bill Date Account Number Invoice Number

Total Amount Due

June 01 ?01!'\

9746571168

VB

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Make check payable to Verizon Wireless. $3 019 11 Please return thisremit slip· with· payment. , · ,. .

$D,DDD.DD P.O. BOX25505 LEHIGH VALLEY, PA 18002-5505

Check here and filf out the back of this slip if your billing address has changed or you are adding or changing your email address.

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\ WestSide Stamp & Awards, .Jnc. 2030 Fairlawn Road Topeka, KS 66604 [email protected]

785-272-7242

Bill To

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

Quantity Price Each

9.00 NamePlate J1

Invoice

Date Invoice#

6/5/2015 149845

Contact·

J\~ 233-8200 • x4390 ~ ,fl'

P.O.# Terms File

Net 15

Description Amount

9.00

RECEiVED

JUN 10 2015

Subtotal $9.00

Sales Tax (0.0%) $0.00

Total $9.00

Payments/Credits $0.00

Balance Due $9.00

a SHAWNEE COUNTY

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR

3137 SE 29TH ST.

\ \ )

PARKS~RECREATION TOPEKA, Ks 66605-1885

(785) 251-2600 [email protected]

June 22, 2015

TO:

FROM:

RE:


-~

John E. Knight, ~irector ~ Parks & RecreatiOn ~'f-

Report - Out of State Travel Recreation Division

Board of Commissioners acceptance is requested on the attached report for the Out-of-State Travel to Charlotte, North Carolina. This travel was necessary for attendance at the National Recreation and Park Association (NRP A) Annual Congress and Exposition.

The Board of Commissioners approved this travel request during the August 21, 2014 Board of County Commissioners meeting. The Shawnee County Parks & Recreation Master Plan identified where the department needs to center their energy and values to be a best-practice agency. The County Commission and staff recognize how important it is to maintain a first-class parks and recreation system to keep people living and working the in the county and the economic impact the department ahs on the city and county. It has become evident that the department requires a continued business planning approach and support from staff to operate in the most efficient and effective manner. The NRP A Annual Congress and Exposition provided an excellent opportunity to educate staff to facilitate the implementation.

The trip report prepared by Olivia Mayer, Volunteer Coordinator, is attached, however, below are highlights of just two of the many sessions that staff attended.

1) Brand+Aid Marketing Institute. This workshop included: a. Social media is not a trend, it is a cultural shift and we need to embrace it; b. Setting media and customer service training and policies; c. Empowering staff, gaining their buy-in; d. 73% of internet users use social media sites; e. One out of every seven minutes online is spent on Facebook; f. Customers are basing their decisions on emotional connections and

experiences;

2) Run it Like a Business - Embracing an Entrepreneurial Spirit. This session defined running like a business with "the best application and integration of best business practice on a daily basis by every staff member". This was an eye-opener as to the challenges that we might face as we embark on a new approach to how we do business.

As a recipient of the Larry Heeb Professional Development Fund, administered by the Kansas Recreation Park Association, this employee received a scholarship in the amount of $600 that was applied towards the NRP A registration costs, in turn reducing the county costs of the out-ofstate travel.

Thank you for approving the request for staff to attend this conference. It is extremely beneficial to find out what other agencies and communities are providing and how to benchmark and improve our current services.

JEK/lrk RL Attachment

2 SHAWNEE COUNTY

PARKS~RECREATION

November 11, 2014

TO:

FROM:

RE:

Randy Luebbe, Recreation Director John Knight, Director

Olivia Mayer, Recreation Supervisor

Out of State Conference Review

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNJGHT

OJ RECTOR

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


When I received notice that I had been granted the Larry Heeb Scholarship to attend the 2014 NRPA Congress and Exposition, I was very excited for the opportunity to grow professionally. I have been fortunate to have attended congress before and I have benefitted from it each time.

Each session was informative and beneficial, especially as it relates to where our department is today with the implementation of the master plan. There were three key areas that I wanted to gain more knowledge in, those being 1) marketing, 2) business approach, and 3) engaging and energizing employees.

I attended the full day workshop offered by Brand+Aid Marketing Institute. This workshop was amazing; I was able to see, learn and ask questions on what others are doing. It was interesting to hear that many other agencies, big or small, all seem to struggle in this area too. With SCPR in the beginning stages of a marketing plan I feel that I have gained knowledge in the area to help guide us in the right direction.

• Social media is not a trend, it is a cultural shift and we need to embrace it; • Setting media and customer service training and policies; • Empowering staff, gaining their buy-in; • 73% of internet user use social media sites; • 1 out of every 7 minutes online is spent on Facebook; • Customers are basing their decisions on emotional connections and experiences;

Secondly, I attended "Run it Like a Business - Embracing an Entrepreneurial Spirit". During this session they defined running like a business with "the best application and integration of best business practice on a daily basis by every staff member." This session was very interesting and eye-opening as to the challenges that we might face as we embark on a new approach to how we do business. They spoke about the following: finding our way will entail embracing our community's values and recognizing realities, bucking tradition while working within the system, creating culture, and facing challenges as opportunities. I am excited to be involved in the future growth of this department and being an advocate for change.

Lastly, I attended "9 Sure-fire Ways to Boost Engagement and Energize Your Organization". After attending the sessions on marketing and the business approach aspect, this seemed like an interesting session to attend. By respecting, empowering, and supporting staff we are assured a successful buy-in with the implementation of the master plan.

Professional growth is attained from attending conferences on the local, state and national level. I want to thank you for giving me the opportunity to attend the 2014 NRPA Congress and Exposition. I was able to meet fellow parks and recreation professionals who are as passionate about the field as me.

Listed below are the educational sessions, tours, and workshops that I attended: •!• Managing Unique Athletic Facilities & Partnership Tour •!• Brand+Aid Marketing Institute •!• Opening Session- Maya Rockeymoore, Ph.D., & Jonathan B. Jarvis •!• Connect. Collaborate. Ka-Ching! •!• Unengaged Employees? The Power of Play in the Workplace •!• Building a Marketing Team: Can You Afford Not To? •!• 9 Sure-fire Ways to Boost Engagement and Energize Your Organization •!• Media Relations-Staying Cool When the Heat is On •!• Leadership Learning Lessons for Savvy Leaders •!• Run it Like a Business - Embracing an Entrepreneurial Spirit •!• The New Customer: Marketing in the Zero Moment of Truth •!• More than Facebook: A Complete Guide to Social Media •!• Your Facilities. Their Programs. Your Responsibility.

TO:

FROM:

DP.TE:

RE:

Shawnee County

Office of County Clerk CYNTHIA A. BECK

liL' 3

785-233-8200, Ext 4 155 Fax 785-291-4912 Website: http://www.snco.us

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

MEMORANDUM

Board ofp:;fjou ty Commissioners ;l ~!l)l

Cynthiiv . Beck, County Clerk

June 22, 2015

Board of County Commission minutes

Please acknowledge receipt and consider approval of Board of County Commission meeting minutes for April 2, 6, 9, 16, 20, 23, 27, 30.

Thank you.

Shawnee County


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

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

MEMORANDUM TO: Board of County Commissioners

... J~ V) Cynthia ~Week~'"' County Clerk FROM:

RE: Litigation

DATE: June 16, 2015

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

CASE NO: 2015CV525 The Bank of New York Mellon Trust Company, N.A. vs. Board of County Commissioners of Shawnee County, Kansas et. al.

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

Attachment

ill THE 3RD JUDICIAL DISTRICT DISTRJCT COURT, SHAWNEE COU1\11Y, KANSAS

THE BANK OF NEW YORK MELLON TRUST COMPANY, NA, as Trustee for Merit Securities Corporation Collateralized Mortgage Bonds Series 12,

Plaintiff,

v.

STACEY E. BECKETI, JOHN DOE, JANE DOE, SHAWNEE COUNTY BOARD OF COUNTY COMMISSIONERS,

Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) )

REEIDENT A.L SERVICE

SERVICE BY CERTIFIED MAIL

Case No. JDt)CU) J_

PURSUANT TO CHAPTER 6o KANSAS STATUTES ANNOTATED

SUMMONS

To the above-named Defendant: SHAvVNEE COUI\TTYBOARD OF COUNITCOMMISSIONER.S c/o Cynthia A Beck, County Clerk, 200 SE 7th St., Rm. 107, Topeka, KS 66603

You are hereby summoned to defend an action brought in the District Court for Sha'W!lee County, and required to serve upon Ross A Hollander, plaintiffs attorney, whose address is soo North Market Street, Wichita, Kansas 672.14 a pleading to the petition which is herewith served upon you, ·within thirty (30) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the petition. Your pleading also must be filed with the District Court of Shawnee County. As provided in K.S.A. 60-2.13(a), your answer must state as a counterclaim any related claim which yo ... against the plaintiff( s), or you will thereafter be barred from making such claim in any other actio.:a.-?':~ ·:.·: ' ~> i f.~ l ('..,.,

/ .•. ,• .('

Q Clerk ofilid~imict eoru: of~~ .. s.~r. ·~\ ~ \ -~ /)!()e_l!lL);.d f •. i ,.,,~--'l -\

By ~11 1 '~- i L-'"·'·' ;·lieputy:; l ·~r-. \ b/,)~-~ \~ '};/ ~

(Seal of the Court)

Dated: __ --'""'lo_-_Y-'-, -_(5 ___ _ RETURN ON SERVICE . F SUMMONS

I hereby certify that I served the within summons:

(1) By delivering on the day of _____ _, petition to .. each of the within-named defendants.

(2) By leaving on the ____ day of ____ _, 2015, for each of the within-named defendants

A copy of the summons and a copy of the petition at the respective dwelling place or usual place of abode of said defendants with some person of suitable age and discretion residing therein.

(3) By delivering on the day of 2015, a copy of the summons, and a copy of the petition to each of the following agents authorized by appointment or by law to receive service of process

On the _______ day of _____________ _, 2015.

All done in--------------County, Kansas.

Sheriff of _________ County, Kansas

BY----------------~-----------Deputy

IN THE 3RD JUDICIAL DISTRICT DISTRICT COURT, SHAWNEE COUNTY, KANSAS

CMLDEPARTMENT

The Bank of New York Mellon Trust Company, N .A. as Trustee for Merit Securities Corporation Collateralized Mortgage Bonds Series 12,

F I Lto·· B,y···cLCRt\ r:S. CJISTRICT COUR THi~;o JUDICIAL 01:

TOPEKA.KS

ZD!S jUN - 8 P I:

Plaintiff, Case No. 1-0!SCVS 2. S v.

STACEY E. BECKEIT, JOHN DOE, JANE DOE, SHAWNEE COUNTY BOARD OF COUNTY COMMISSIONERS,

Defendants. Pursuant to K.S.A. Chapter 6o

PETITION

Plaintiff, The Bank of New York Mellon Trust Company, N.A., as Trustee

for Merit Securities Corporation Collateralized Mortgage Bonds Series 12 ("The

Bank"), for its cause of action states:

COUNT I - FORECLOSURE AGAINST REAL ESTATE

1. Plaintiff, The Bank, is a banking institution doing business in Kansas

whose loan with Defendant Stacey E. Beckett is serviced by Green Tree Servicing,

LLC. Green Tree Servicing, LLC, services mobile and manufactured home loans,

and incidental to the sale of the manufactured homes, the real estate upon which

the home is located.

2. Defendant, Stacey E. Beckett (''Beckett") is a resident of Shawnee

County, Kansas, and may be served with process at 2009 NE Meriden Rd.,

Joseph,Hollander&~ Topeka, KS 66608. 500 N. Market Street

W1<:hita KS 67214 Voice: (316) 262-9393

Fax: {316) 262-9006

Joseph, Hollander & Craft u.c

500 N. Market Street Wichita KS 67214

Voice: (316) 262-9393 Fax: (316) 262-9006

U.S. Bank, N.A., v. Stacey E. Beckett, et al. Petition Page 2

3. Defendants John Doe and Jane are believed to be residing on the

property which is the subject matter of this action and may be served with

process at the property location at 2009 NE Meriden Rd., Topeka, KS 66608.

4· Defendant, Shawnee County Board of County Commissioners, is a body

corporate in politic and may be served with summons pursuant to K.S.A. 60-

304( d) by serving Cynthia A. Beck, County Clerk, Shawnee County Courthouse,

200 SE 7th St., Rm. 107, Topeka, KS 66603.

s. Defendant, Stacey E. Beckett, was a debtor in a bankruptcy proceeding

filed on August 26, 2014. Green Tree was granted relief from stay by the

Bankruptcy Court on February 23, 2015.

6. On or about May 25, 2000, for value received, Defendant Beckett

executed and delivered a Note, Disclosure and Security Agreement (''Note") to

Plaintiff under the terms of which Defendant Beckett promised and agreed to pay

to Plaintiff the sum of $94,946.74 together with interest at the rate of 10.75% per

annum in equal monthly installments of $886.32 commencing October 25, 2000,

and continuing each month thereafter for 360 months. A copy of the Note is

attached as Exhibit "A", and incorporated by reference.

7. As additional consideration and for purposes of securing the payments

required by the terms of the note, Defendant Beckett made, executed and

delivered to Plaintiff a first real estate Mortgage in writing dated May 25, 2000,

by which Defendant Beckett mortgaged the following described real estate:

Part of tract lettered F in Garfield Place Addition to the City of Topeka, Shawnee County, Kansas, described as follows: Commencing at the Southeast Corner of said Tract F; thence North o degree 51 minutes 07 seconds East, n8.oo feet along the East line

Joseph, Hollander & Craft LLC

U.S. Bank, N.A., v. Stacey E. Beckett, et al. Petition Page3

of said Tract F to the point of beginning; thence North 89 degrees 03 minutes 54 seconds West, 313.07 feet to a point on the West Line of said Tract F; thence North o degrees 24 minutes 15 seconds West, 198.19 feet along said West Line; thence North 88 degrees 57 minutes 24 seconds East, 311.53 feet to a point on the East Line of said Tract F; thence South o degrees 51 minutes 07 seconds West, 198.77 feet along said East Line to the point of beginning.

A copy of the mortgage is attached as Exhibit "B" and incorporated by

reference. At the time of the execution of the Note and Mortgage, Defendant

Beckett was the legal owner of the above described real estate and warranted the

title thereof. Plaintiff duly recorded the Mortgage in the office of the Register of

Deeds, Shawnee County, Kansas, on May 25, 2000 at Book 3413, Page 8os. The

mortgage registration fee required by law was paid in full by Plaintiff.

8. Notwithstanding the agreement, obligations, terms and conditions of

the aforementioned Note and Mortgage, Defendant Beckett has defaulted in the

payments required of her pursuant to the terms of the Note by having failed to

make the required payments to Plaintiff when due, and as a result the payments

have become delinquent.

9· Defendant Beckett has been in default under the terms of the

aforementioned Note and Mortgage since March 31, 2015. The installment due

pursuant to the terms of the Note and Mortgage on July 4, 2014, and all

subsequent installments remain due and owing to Plaintiff, in the total sum of

$96,733.91, with interest thereon at the rate of 10.75% per annum from June 20,

2015, until paid.

10. Defendants John and Jane Doe may claim an interest in the above

soo;,~= described real estate. Any such interest, right, title or claim in and to the above-Voice: (316) 262-9393

Fax: (316) 26~-9006

Shawnee County


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

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

MEMORANDUM TO: Board of C;&un · Commissioners

;j *,JJJ Cynthia~. eck, County Clerk FROM:

RE: Litigation

DATE: June 22, 2015

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

CASE NO: 2015CV417 Wells Fargo Bank vs. Board of County Commissioners of Shawnee County, Kansas et. al. CASE NO: 2015CV551 Bank of America, N.A. vs. Board of County Commissioners of Shawnee County, Kansas et. al.

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

Attachment

Shawn Scharenborg, KS # 24542 Sara Knittel, KS # 23624 Kelli N. Breer, I<S # 17851 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO E:i3141 (314) 991-0255 (314) 567 -800E5 K&M File Code::FINEDNOR

IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS

Welts Fargo Bank, NA, Plaintiff,

vs.

Case No. 15CV417

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

Defendant.

Pursuant to K:S.A. Chapter 60

SUMMONS

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

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

~ \...~,

(Seal)

' . \'"

D.ated: __ '-'-_-__ \ _~_( _~.::, __ _

Chief Clerk of the District Court

By: @u;f/!_ 111 1c J; k_ttli tl

SHERIFF'S RETURN

STATE OF ~::ANSAS, Shawnee COUNTY, ss.

, Deputy

~ 0 ·~ 0 ~~ c. ~ rJ"J

r hereby certify that on the __ day of , 2015, I served the attached Summons, together with a copy of the Petition, upon the Defendant/respondent

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

___ Residential Service;

llllllllllll~ ~ llllllllllllllllllllllllllllllllllllllllllllllll * K M 9 8 5 9 5 8 6 K M ~

Shawn Scharenborg, KS # 24542 Sara Knittel, KS # 23624 Kelli N. Breer, KS # 17851 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive 131vd., Suite 555 St. Louis, M063141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:FINEDNOR

FILED BY CLERK KS. DISTRICT COU~I

THil\D JUDICI,\L 01::> i. TOPEKA.KS

ZO 15 MAY 2 '1 A II: 4 5


Wells Fargo Bank, NA, Plaintiff,

vs.

Edward W. Finch (Deceased) Serve at: No Summons to Issue Emporia, KS 66801-4048

Roseanna Finch Serve at: 418 Constitution Street Emporia, KS 66801-4048

Unknown Spouse of Roseanna Finch Serve at: 418 Constitution Street Emporia, KS 66801-4048

Unknown Occupant Serve at: 2405 SE Michigan Avenue Topeka, KS 66605

Case No. 15CV417

Div. No.6

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

Defendants.

Petition Pursuant to K.S.A. Chapter 60

llllllllllllllllllllllllllllllllllllllllll-lllllllllllllllllllllll 2

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

FIRST AMENDED PETITION FOR FORECLOSURE OF MORTGAGE

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

Defendants states as follows:

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

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

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

3. On or about April 15, 2005, Edward W. Finch (Deceased) [hereinafter "Borrower(s)")

borrowed mc,ney from, executed and delivered to National Bank of Kansas City, a Note,

payable in monthly installments, in the original principal sum of $57,714.00, together with

interest as stated. A true and correct copy of the Note is attached and incorporated by

reference as if fully set forth as Exhibit 1.

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

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

National Bank of Kansas City, a Mortgage of the same date upon the following described real

estate:

TRACT 1

LOTS 1, 3, 5 AND 7, ON MICHIGAN AVENUE, IN SHAWNEE HEIGHTS ADDITITION TO

HIGHLAND PARK, AN ADDITION TO THE CITY OF TOPEKA, SHAWNEE COUNTY,

KANSAS.

TRACT 2

LOTS 9 AND 11 ON MICHIGAN AVENUE, IN SHAWNEE HEIGHTS ADDITION TO

HIGHLAND PARK, AN ADDITION TO THE CITY OF TOPEKA, SHAWNEE COUNTY,

KANSAS.

known and numbered as 2405 SE Michigan Avenue, Topeka, KS 66605. The Mortgage was

111111111111~ 1~ llllllllllllllllllllllllllllll ~111111m 111111 * K M 9 8 1 6 0 0 8 K M *

3

Shawn Schamnborg, KS # 24542 Sara Knittel, I<:S # 23624 KelliN. Breer, KS # 17851 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 (314) 991-0255 (314) 567-8005 K&M File Code:SEAGLBOA

Bank of America, N.A., Plaintiff,

vs.

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

Defendant.

Pursuant to K.S.A. Chapter 60

TO THE ABOVE-NAMED DEFENDANT:

SUMMONS

You are hereby notified that an action has been commenced against you in this Court. You are required to fiiH your answer to the Petition with the Court and to serve a copy upon the Plaintiff's attorney as follows: Kozeny & McCubbin, L.C. (St. Louis Office) at 12400 Olive Blvd., Suite 555, St. Louis, MO 63141 within twenty-one (21) days after service of summons upon you. If you fail to do so, judgment by default will be taken against you for the relief demanded in the attached Petition, which is incorporated herein by reference. Any responsive pleading you file may state as a counterclaim 2my related claim that you may have against Plaintiff. DlS7'

~ \'Ve . '!?;,...., ~ '-)>

l a/Itt ~ c.:; tJ;. t\ c.

iiJ;! 'r~i

(Seal) Chief Clerk of the District Court

Dated: ----'(p ___ {;....:f..r;~-f_S __ By: Cl24AJ;l fnicft q;)iO , Deputy

SHERIFF' RETURN

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

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

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

___ Residrential Service;

//IIIII~ Ill~ /IIIII/III/IIIII~ IIIII IIIII IIIII/III/II flf/1/1/fl/ * K M 9 9 0 0 6 8 8 K M *

Shawn Scharenborg, KS # 24542 Sara Knittel, I<S # 23624 KelliN. Breer, KS # 17851 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 56'7-8006 K&M File Code:SEAGLBOA


Bank of America, N.A., Plaintiff,

VS.

Glenn W. Seaver Serve at: 4442 SE Gemstone Ln Topeka, KS 66609-9308

Mary E. Sea1ver Serve at: 920 NW 6th Street Topeka, KS 66608

Case No. ISCVSS I Div.No. __ _

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

Unknown Occupant Serve at: 920 NW 6th Street Topeka, KS 166608

Unknown Spouse of Mary E. Seaver Serve at: 920 NW 6th Street Topeka, KS 66608

Defendants.

Petition Pursuant to K.S.A. Chapter 60

111111111 IIIII III III/IIIII/ flll/111111/lll fl/1/llllllllllllllllll * K M 9 9 0 0 6 5 5 K M *

2

PETITION FOR FORECLOSURE OF MORTGAGE

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

Defendants states as follows:

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

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

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

3. On or about April 22, 1992, Glenn W. Seaver, Mary E. Seaver [hereinafter "Borrower(s)")

borrowed money from, executed and delivered to First Mortgage Investment Co., a Note,

payable in monthly installments, in the original principal sum of $61,300.00, together with

interest as stated. A true and correct copy of the Note is attached and incorporated by

reference as if fully set forth as Exhibit 1.

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

executed and delivered to First Mortgage Investment Co., a Mortgage of the same date upon

the following described real estate:

A PAIRT OF THE NORTHEAST QUARTER (NE %) OF SECTION NINETEEN (19),

TOWNSHIP ELEVEN (11) SOUTH, RANGE SIXTEEN (16) EAST OF THE 6TH P.M.,

SHAWNEE COUNTY, KANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON

THE NORTH LINE OF KAW HALF BREED RESERVE NUMBER THREE (3), WHICH IS TWO

HUNDRED SEVENTY-FIVE AND 74/100 (275.74) FEET WEST OF THE NORTHEAST

CORNER OF SAID RESERVE NUMBER THREE (3); THENCE NORTH TWO HUNDRED

FORTY-ONE AND 56/100 (241.56) FEET; THENCE WEST NINETY-FIVE AND 8/10 (95.8)

FEET; THENCE SOUTH TWO HUNDRED FORTY-ONE AND 56/100 (241.56) FEET TO THE

NORTH LINE OF SAID RESERVE NUMBER THREE (3); THENCE EAST ON SAID NORTH

LINE NINETY-FIVE AND 8/10 (95.8) FEET TO THE POINT OF BEGINNING.

lllllllllllllllllllllllllllll~llllllllllllllllllllllllllllllllll * K M 9 9 0 0 6 5 5 K M *

3

TO:

FROM:

DATE:

Shawnee County

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

Brian W. Cole, Director

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

Board of County Commissioners

Brian W. Cole, Director tL--

June 16,2015

SUBJECT: Request for Waive Formal Bidding to Purchase to Replacement HVAC Rooftop Unit

I am requesting approval to waive the formal bidding procedure to purchase and replace one HV AC rooftop unit at the Juvenile Detention Center (JDC). The cost of a new one will be approximately $13,811.00. The existing unit was installed prior to 1997, and has begun to require constant attention. On Tuesday, June 9th the unit began to fail and our contracted service provider (PCI Mechanical Services) was called. The next day they came to assess the unit and found among other things it needed a new compressor. To fix the unit would cost approximately $3,500.00.

After consulting with Director of Facilities, Bill Kroll, it was determined a new unit was the best remedy to the situation. The unit has lasted well beyond its life expectancy. PCI Mechanical Services currently is under contract for the replacement of several other HVAC systems for our department and informed us that it would take approximately two weeks to order and receive the unit and then they'd have to schedule a time to replace the unit. Combine this with the timeframe of the bid process and it could be over two months before a unit could be purchased and installed. My fear is that the unit will fail prior to replacement. Another reason I am asking to waive the bidding process is KDHE mandates environmental conditions that the JDC must maintain due to KDHE regulations. They require that we maintain a temperature between 68-78 degrees and maintain an air exchange of at least four times per hour. The unit services the JDC administrative area, the booking/processing area, and the public lobby.

I have consulted with Betty Greiner, Director of Administrative Services and informed her that funds are available in our budget (10DF00050350) for use on this project. Thank you for your consideration of this request, and I will be happy to answer any questions you may have.

BWC:ek

cc: Richard Eckert, County Counselor Betty Greiner, Director of Administrative Services Bill Kroll, Facilities Director Eve Kendall, Deputy Director Timothy Phelps, Deputy Director File

TO:

FROM:

DATE:

RE:

Shawnee County





Brian W. Cole, Director ~

June 18,2015

Request for Service Contract Agreements with Martin Tractor

I am requesting approval of the attached service contracts with Foley Equipment Co. (Foley) for the Shawnee County Department of Corrections for a period of 36 months from the date of execution. The service contract provides for the inspection and maintenance and required annual load testing for the five emergency generators at the Adult Detention Center, Juvenile Detention Center and the Corrections Annex. The emergency generators provide the facilities with the necessary power supply needed for continued operation in the event of a power outage.

The attachment includes five distinct plans to allow the agreement to survive upgrade or replacement of one generator without impacting the terms of maintenance for the remaining models. Combined cost of the service is $11,348.00 per year. Foley is a sole source vendor, as the only authorized service company for Cat machines in this region. Funds are available within the FY2015 budget (IODFOOO 50230). The service contracts have been approved by the County Counselor's office as to form and legality.

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

BWC:tp

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

.5MA\VNEE COUND

FOLEY EQUIPMENT CO.

(Even Pay Per Service)

Foley Maintenance Plan Electric Power Generation

Agreement# Customer: Sn Co Department of Corrections Manufacturer:

Contact Person: Timothy Phelps Model:

Telephone: 785-291-5000 Serial Number:

Address: 501 S.E. 8th Street, Topeka Ks, 66607 Hour Meter:

E-Mail: tim.phelps@snco. us Unit ID Number:

This Agreement between Foley Equipment Company ("Foley") and ("Customer") shall be in effect from

14E0406-121 01 AA-Caterpillar

3512

24Z01488

779

Sn Co Jail Unit #1 _-

April17, 2015. and shall

terminate 36 months thereafter or upon Equipment reaching 1,529 hours of operation or 3 services, whichever comes first.

SERVICES:

Foley shall provide parts and labor to perform the applicable Foley Maintenance Plan (FMP) as defined in the Planned Maintenance Inspection Report. Customer agrees to allow Foley proper access to perform the services during normal business hours, unless otherwise agreed to in writing by Foley and contained within this agreement. If Customer requests work to be done on an overtime basis, Customer shall pay the differential between Foley's overtime and regular time charges. Customer wilt be furnished a copy of the Planned Maintenance Inspection Report detailing all items inspected, serviced, or replaced. __ __ __ _ __

SERVICE INTERVALS:

These services will be performed annually. __ The first service will be performed _ _ November 2015 Foley will schedule services based off date & usage, we will contact Customer prior to dispatch to verify usage. Customer may contact Foley and schedule next service

due should service interval occur sooner than expected. Foley is not responsible for any parts or labor for services at intervals less than

annually. The KW is 1000 and the voltage is 480 & the Amps are 1504 on this unit.

PAYMENT:

These services shall be provided for a Pay Per Service price of $3,337.00 plus any appficable tax. Payment is due upon receipt of

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

EXCLUSIONS:

This agreement does not obligate Foley for any repair or cost of repairs as a direct, in direct consequential result of this inspection. Travel time and mileage costs in excess of 3 round trips from a Foley Service location will be at an additional charge at

Foley's current published rate. Parts and/or labor other than those specifically required to perform the services as defined in the Planned

Maintenance Inspection Report will be an additional charge. Further, Foley will not be responsible for repairs or cost of repairs (labor, parts, travel time, or mileage) caused by fire, vandalism, theft, freezing, explosion, alterations, accidents, misuse of the equipment or abuse,

negligence, riots, acts of God, failure to perform the manufacturer's recommended maintenance as set forth by the lube and maintenance

guide or elsewhere, tire failure, or to auxiliary equipment attachments.

ADDITIONAL SERVICES:

If any additional services or repairs are recommended by Foley, Customer will be notified prior to the services being performed. Any services or repairs requested by Customer will be provided at Foley's then current rates for parts, labor and travel expenses. In addition to the services to be provided hereunder, Customer shall be entitled to any benefits and protections of warranties provided by Cat on the Equipment.

TERMINATION:

Customer may terminate this agreement at any lime during its term with no termination fees by providing written notification to Foley. Such termination will not apply to services provided by Foley before notice was received by Foley. Frequent deviation from service interval schedule may result in termination of agreement at the sole discretion of Foley. ·

Any. malfunction of the service meter shall be reported to Foley within thirty {30) days of said malfunction else this Agreement shall be deemed null and void at the option of Foley.

ADDITIONAL INCLUSIONS/EXCLUSIONS/COMMENTS:

As per the terms of this agreement, Foley Equipment Company agrees to perform three annual inspections on the standby generator set as described above, Each inspection shall be performed using the recommended inspection criteria as designed for this generator set. At the time of each annual generator set inspection visit, Foley also agrees to change the engine oil, change the engine oil filter(s), change the engine fuel filter(s), and check the engine air fi!ter(s). Engine oil sampling and engine coolant sampling shall also be performed at the time of each annual generator set inspection visit. A twohour generator set load bank test shall also be performed at the time of each annual generator set inspection visit. Any repairs found to be needed at the time of each generator set inspection visit will be brought to the attention of Shawnee County Department of Corrections in a timely manner. Any repairs found to be needed at the time of each annual generator set inspection visit are not included in the price of this generator set inspection agreement, and will be billed separately to the Shawnee County Department of Corrections.

Page 1 of2

I I

I ' ! ! !

I

I

--~l-

1

I l ! !

/ :)e Equipment is to be used by Customer exclusively and not subleased, loaned, or otherwise used by persons or entities other than Customer. Customer sh~U not alter the Equipment or affix any accessory thereto if such alteration or addition would impair the originally intended function or use or reduce the value of the Equipment. Foley shall be entitled to terminate this Agreement if the foregoing provisions are violated. Foley is a vendor/independent contractor. Nothing herein shall create a partnership, joint venture or employment relationship between the parties. Customer may assign this Agreement, but only with the written consent of Foley. Any attempt to do so without such written consent shall be void and of no effect. Foley may assign this Agreement; but no such assignment shall relieve Foley from any liability hereunder. This Agreement may be amended at any time by an agreement in writing executed with the same formality as this Agreement. This Agreement may not be modified orally.

The parties to this Agreement shall execute and deliver all documents, provide all information, and take or refrain from taking action as may be necessary or appropriate to achieve the purposes of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors, legal representatives and permitted assignees. This Agreement constitutes the entire agreement among the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining thereto. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach or any other covenant, duty, agreement or condition.

If any provision of this Agreement is or becomes invalid, illegal, or unenforceable in any respect, and if the rights and obligations of the parties to this Agreement will not be materially and adversely affected thereby, (a) such provision will be fully severable; (b) this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (c) the remaining provisions of this Agreement will remain in full force and effect and not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (d) in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of this Agreement a legal, valid, and enforceable provision as similar in terms to such illegal, invalid, or unenforceable provision as is possible. This Agreement shall be construed in accordance with and governed by the internal laws of the State of Kansas, without regard to the principles of conflicts of law.

Any and all actions in law, equity, or otherwise arising under this Agreement, or In any manner from the transactions contemplated herein, shall be brought either in the U.S. District Court for the District of KS, sitting in Wichita, KS, or the 18th Judicial District, District Court, Sedgwick County, KS, and in no other court or jurisdiction. Each party hereto hereby consents to the jurisdiction of said courts. This contract shall be deemed to have been made in Wichita, KS. No provision of this Agreement shall be interpreted for or against any party hereto on the basis that such party was the draftsman of such provision; and no presumption or burden of proof shall arise disfavoring or favoring any party by virtue of the authorship of any of the provisions of this Agreement.

FOLEY DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE EQUIPMENT, PARTS, OR SERVICES OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. FOLEY FURTHERMORE DISCLAIMS, AND CUSTOMER EXPRESSLY DISCLAIMS, ANY RELIANCE ON STATEMENTS MADE BY FOLEY OR ITS AGENTS. EXCEPT FOR ANY EXPRESS WARRANTIES EXTENDED IN WRITING BY CATERPILLAR, INC., THE EQUIPMENT, ALL PARTS, AND ALL SERVICES PROVIDED HEREUNDER ARE SOLD, LEASED, OR PROVIDED "AS IS" AND WITH ALL FAULTS. FOLEY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE EQUIPMENT, PARTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY OR WARRANTY THAT THE EQUIPMENT IS IN COMPLIANCE WITH ANY APPLICABLE GOVERNMENTAL REGULATIONS, SPECIFICATIONS, OR REQUIREMENTS. PERFORMANCE OF THE REPAIRS OR ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER ANY WARRANTY EXTENDED BY FOLEY.

CUSTOMER HEREBY WAIVES, AND FOLEY SHALL NOT BE LIABLE FOR, ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT) IT MIGHT HAVE AGAINST FOLEY FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE), OR EXPENSE CAUSED BY THE EQUIPMENT, PARTS, OR SERVICES. WITHOUT LIMITING THE FOREGOINGg, ;;' LOSS OF EQUIPMENT USE, INCONVENIENCE, STORAGE, LOSS OF TIME OR PAYMENT, DELAY PENALTIES, AND SUBSTITUTE RENTAL CJ "l SHALL REMAIN THE SOLE RESPONSIBILITY OF CUSTOMER, AND FOLEY SHALL HAVE NO LIABILITY THEREFORE. -.J

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.

Customer Signed Date

Printed Name Title

Foley Equipment Signed

Printed Name

oco --.,.ru .. o b .. Of >o Eu.

Page 2 of2

Rev. 0912013 ATI'AC!lMI!:N'fTO

SUAWNRE COUNTY CONTRACT C. ___ _

CONTRACTUAL PROYISIONS ATTACHMENT The undersigned parties agree that the following provisions nre hereby incorporutlld into the contract to which it is attached and made a part thereof, said oontract being dnted the----- day of _______ __, 20 __

I. TEUi\IS HEnEIN CONTROLLING l'ROVISIONS. II is expressly agreed that the terms of each and every prOYision in this attachmem shall prevail 1111d control over tl1e terms of any other conflicting provision in any other document relating to and a part of the contract in which this allachmcnt is incorporated.

2. AG!lEilMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whntsocver arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to tho c~clusion of the Courts of any other states or country. All contructual agreements shall be subject to, governed by, nnd construed according to the laws of the State of Kansas.

3. TF.:RMlNATION DUE TO LACK OF FUNDING API'ROPRTATION. Shawnee County is subject to the Kru1sas Cash Basis J..aw, K.S.A. 10-1101 er seq. If, i11 U~e judgment of the Financial Administrator, Audit-Finance OffiCe, sufficient funds are not appropriated to continue the timction perfonned in this agreement and for the payment of the charges hereunder, Cmmty may terminate this agreement at the cud of its current lisen! year. County agrees to give writlcn notice of tennination to cotltractor at least thirty (30} days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments ioourrcd through the end of such fiscal ye~r. 'llle t~:nnination of the conlnlct pursuant to this paragraph shall not cause any penulty to be charged to t!1e CoUilty or the contractor.

4. DISCLAIMF:R OF L!ABILITI'. Neither the County GfSbnwnee nor any department thereof shall hold harmless or i!t<lemnily ony contractor for llny liability whatsoever.

5. 0.NTI-DISCRIM!NA'I10N CLAUSK. TI1e controctor agrees; (a) to comply with the Kansas Act Against Discciminalion (K.S.A. 4<1-1001 at seq.} and the Kansas Age Discriminntiot\ in Employment Act, (K.S.A. 44-1 Ill el seq.) and the applicable provisions of the Americans Witn Disabilities Act (42 U.S.C. 12101 e/ seq.) [ADA] and to not di3criminnte against any person because of race, religion, color, sex, disability, national origin or ancestl)', or age in the admission of access tu or treatment or employment in, its programs or nctivitfe3; (b) to include in all solicitations or advertisCII'Icnts fur employees, the phrase "equal opportunity employer''; (c) to comply with the reporting requirements !let out in K.S.A. 44-1031 and K.S.A. 44-1 I 16; (d) to include those provisions in evtJY subcontract or purchase order so that they are binding upon such subcontract at or vendor; (e) that a failure to comply with the reporting rcquiremcnlll of(c) above or if the contmctor is found guilty of any violation of such acts by the Kans113 Human Rights Commission, such violation shall constitute a breach of contract; (!) ii the contracting ageucy detcnninll8 that the contractor h113 violated applicable provisions of ADA, that violation shall constitute n breach of contmct; (g) if (e) or (f) oocurs. the contract 1nay be cancelled, terminated or suspended in whole or in part by the County.

6. ACCEPTANCE OF CON'I'RACI'. 'l11is contract shall not be considered accepted, approved or otherwise effective 1mtil the required approvals und certifications have been given 8lld this is signed by the Bo!lfd of County Commissioners of the County ofShuwnee, Km~~IIS.

7. ARiliTRATlON, DAMAGES, WARRANTIES. Notwithstanding any langunge to the contrary, no interpretation sha11 be allowed lo find the County bus agreed to binding orbit ration, 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; nnd no provisions will be given effect which attempts to exclude, modifY, disclaim or otherwise attempt to litnit implied warranties of merchantability and fitness for a particular purpose.

8. REI'llESENTATIVE's AllTltORlTV To CONTRAcr. By signing this document, the representative of the controctor thereby represents that such person is duly authorized by the contractor to execute this docmnent on behalf of the contractor aod that the contractor agrees to be boUJld by U1o provisions thereof.

9. RKSPONSIIllLITY Fon T,\XES, The County shall not be responsible for, nor indemnify a contmetor for, any federal, slate or local taxes which may be imposed or levied upon the subject matter of this contract.

10. INSUIIANC'l! TI1c Cotmty shall not be required to purchase, any insurance against Joss or damage to any personal property to which tbis contract relates, nor shall this contract require the County to establish a "self-insurance" finul to protect against nny such loss or damage_ Subject to the provisions of the Kansas Tort Claims Act (K_S.A. 75-610 I et seq.), the vendor or lessor shall bear the risk of any loss or damage to lillY personal property to which vendor or lessor holds title..

Dale:

DOARO OF COUNTY COMMISSIONERS SHAWNKE COUNTY, KANSAS

Kevin J. Cook:, Chair

. Date;

ATTEST:

Cynthia A. Bock, Shawnee County Clerk:

Parties lo this COJltract \lndctsland that subsections (b) through (e} of this paragraph number 5 are not applicable t'o a contractor who employs fewer than four employees or whose contract with the County totals

·-- - ~ -- -- - ~~s-s;OOO-or-less-durJng·this·fls(liil-yeilf:-- -·- ·-- - ---~ --__ .. -.. - - ~

FOLEY EQUIPMENT CO.







E-Mail: [email protected] Unit 10 Number:



3412

81Z05237

721

Sn Co Jail Unit #2

April17, 2015 and shall


SERVICES:

Foley shall provide parts and labor to perform the applicable Foley Maintenance Plan (FMP} as defined in the Planned Maintenance Inspection Report. Customer agrees to allow Foley proper access to perform the services during normal business hours, unless otherwise agreed to in writing by Foley and contained within this agreement. If Customer requests work to be done on an overtime basis, Customer shall pay the differential between Foley's overtime and regular time charges. Customer will be furnished a_ copy of the Planne_d Maintenance Inspection Report detailing all items inspected, serviced,_or _ replaced. - -

SERVICE INTERVALS:

These services will be performed annually. The first service will be performed November 2015 Foley will schedule services based off date & usage, we will contact Customer prior to dispatch to verify usage. Customer may contact Foley and schedule next service


annually. The I'YV is 475 and the voltage is 480 & the Amps are 714 on this unit.

PAYMENT:

These services shall be provided for a Pay Per Service price of $2,050.00 plus any appficable tax. Payment is due upon receipt of

FoleY's invoice. This pricing is based upon acceptance of Foley's standard terms and conditions.

EXCLUSIONS:



Maintenance Inspection Report will be an additional charge. Further, Foley will not be responsible for repairs or cost of repairs (labor, parts,

travel time, or mileage} caused by fire, vandalism, theft, freezing, explosion, alterations, accidents, misuse of the equipment or abuse, negligence, riots, acts of God, failure to perform the manufacturer's recommended maintenance as set forth by the lube and maintenance



'


TERMINATION:

Customer may tenminate this agreement at any time during Its term with no termination fees by providing written notification to Foley. Such termination will not apply to services provided by Foley before notice was received by Foley. Frequent deviation from service interval schedule may result in termination of agreement at the sole discretion of Foley.

Any malfunction of the service meter shall be reported to Foley within thirty (30) days of said malfunction else this Agreement shall be deemed null and void at the option of Foley.


As per the terms of this agreement, Foley Equipment Company agrees to perform three annual-inspections on the standby generator set as described above. Each inspection shall be perfonmed using the recommended inspection criteria as designed for this generator set. At the time of each annual generator set inspection visit, Foley also agrees to change the engine oil, change ·the engine oil filter(s), change the engine fuel filter(s), and check the engine air filter(s). Engine oil sampling and engine coolant sampling shall also be performed at the time of each annual generator set inspection visit. A twohour generator set load bank test shall also be performed at the time of each annual generator set inspection visit. Any repairs found to be needed at the time of each generator set Inspection visit will be brought to the attention of Shawnee County Department 'of Corrections in a timely manner. Any repairs found to be needed at the time of each annual generator set inspection visit are not included in the price of this generator set inspection agreement, and will be billed separately to the Shawnee County Department ·of Corrections.

Page 1 of2

_·:'----------------------------------------,1

/~e Equipment is to be used by Customer exclusively and not subleased, loaned, or otherwise used by persons or entities other than Customer. customer sha.!l not alter the Equipment or affix any accessory thereto if such alteration or addition would impair the originally intended function or use or reduce the value of the Equipment. Foley shall be entitled to terminate this Agreement if the foregoing provisions are violated. Foley is a vendor/independent contractor. Nothing herein shall create a partnership, joint venture or employment relationship between the parties. Customer may assign this Agreement, but only with the written consent of Foley. Any attempt to do so without such written consent shall be void and of no effect. Foley may assign this Agreement; but no such assignment shall relieve Foley from any liability hereunder. This Agreement may be amended at any time by an agreement in writing executed with the same formality as this Agreement. This Agreement may not be modified orally.


If any provision of this Agreement is or becomes invalid, illegal, or unenforceable in any respect, and if the rights and obligations of the parties to this Agreement will not be materially and adversely affected thereby, (a) such provision will be fully severable; (b) this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (c) the remaining provisions of this Agreement will remain in full force and effect and not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (d) in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of this Agreement a legal, valid, and enforceable provision as similar in terms to such illegal, invalid, or unenforceable provision as is possible. This Agreement shall be construed in accordance with and governed by the intemallaws of the State of Kansas, without regard to the principles of conflicts of law.

Any and all actions in law, equity, or otherwise arising under this Agreement, or In any manner from the transactions contemplated herein, shall be brought either in the U.S. District Court for the District of KS, sitting in Wichita, KS, or the 18th Judicial District, District Court, Sedgwick County, KS, and in no other court or jurisdiction. Each party hereto hereby consents to the jurisdiction of said courts. This contract shall be deemed to have been made in Wichita, KS. No provision of this Agreement shall be interpreted for or against any party hereto on the basis that such party was the draftsman of such provision; and no presumption or burden of proof shall arise disfavoring or favoring any party by virtue of the authorship of any of the provisions of this Agreement.

FOLEY DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE EQUIPMENT, PARTS, OR SERVICES OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. FOLEY FURTHERMORE DISCLAIMS, AND CUSTOMER EXPRESSLY DISCLAIMS, ANY RELIANCE ON STATEMENTS MADE BY FOLEY OR ITS AGENTS. EXCEPT FOR ANY EXPRESS WARRANTIES EXTENDED IN WRITING BY CATERPILLAR, INC., THE EQUIPMENT, ALL PARTS, AND ALL SERVICES PROVIDED HEREUNDER ARE SOLD, LEASED, OR PROVIDED "AS IS" AND WITH ALL FAULTS. FOLEY MAKES NO WARRANTIES, EXPRESS OR \.I IMPLIED, CONCERNING THE EQUIPMENT, PARTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR~ -~ PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY OR WARRANTY THAT THE EQUIPMENT IS IN COMPLIANCE WITH ANY m ...... APPLICABLE GOVERNMENTAL REGULATIONS, SPECIFICATIONS, OR REQUIREMENTS. PERFORMANCE OF THE REPAIRS OR 0) lS, ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER ANY WARRANTY EXTENDED BY FOLEY. _3

0 Cl ........... CUSTOMER HEREBY WAIVES, AND FOLEY SHALL NOT BE LIABLE FOR, ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR U> •

ABSOLUTE LIABILITY IN TORT) IT MIGHT HAVE AGAINST FOLEY FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR 10 0 CONSEQUENTIAL DAMAGE), OR EXPENSE CAUSED BY THE EQUIPMENT, PARTS, OR SERVICES. WITHOUT LIMITING THE FOREGOING, "0 i:;:

. LOSS OF EQUIPMENT USE, INCONVENIENCE, STORAGE, LOSS OF TIME OR PAYMENT, DELAY PENALTIES, AND SUBSTITUTE RENTAL ~ t: SHALL REMAIN THE SOLE RESPONSIBILITY OF CUSTOMER, AND FOLEY SHALL HAVE NO LIABILITY THEREFORE. ~ ~

a."U O..c

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. <( ro

customer Signed

Printed Name


Printed Name

Page 2 of2

\

Rev. 0912013 A1'1'ACHMI.:N'fTO

SIIAWNRll COUNTY CONTRACf C. ___ _

CONTRACTUAL PROYISIONS ATTACHMENT The undersigned parties agree that Inc lbllowing provisions ure hereby inwrporuted into the con!i"dc.:t to which it is attached and made a part thereof, said contract being dated the ___ day of -------~ 20_.

L T!Wj\fS HEMIN CONTROLLING l'ROVJSIONS. It is expressly agreed that the terms of each and every provision in this attachment shall prevail ~nd control over the terms of any other conflicting provision in any olher document relating to and a part of the contract in which this attachment is incorporated.

2. ACREil:MENT WITH KANSAS LAW. It is agreed by and betwecll the undersigned ·that aU disputes and maucrs whalsocver arisiug·under, in cmmection with or incident to this contract shall be lttigated, if at all, in and before u Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any other states or country. All ~-ontroctual agreements shall be subject to, governed by, and crn1s1rued according to tbc laws of the Slate of Kansas.

3. TF;Rl\-ONATION DUE TO LACK OF FUNDING Al'I'ROPIUATION. Shawnee County is subject to the Kansas Cnsh Basis J..aw, K.S.A. 10-1101 el seq. If, in U1e judgment of the Financial Administralor, Audit-Finance Office, sufficl¢111 funds ·.are not appropriated to continue the function perfonned in this agreement and for lhe payment of the charges hereunder, County may terminale this agreement at the end of its currentllscal year. County agrees to give written no!icc of termination to contrn~'tor at least thirty (30) days prior to lhe end of its Clurent fiscal year. In the event thi.~ agreement is terminated )JUrsuant to this paragraph, County will pay to the contractor all regular contractual payments irn:urred througl1 the end of Sllch fiscal year. 'llu~ tennination of the contract pursuant tD this paragraph shall nol cause any pern1lty to be charged to the County or the controctor.

4. DISCLAIMER OF !.lABILITY. Neither lhc County of Shawnee nor any department thereof shall hold harmloss or ittdemnify any contrnctor for .my liubilily whatsoever.

5. t\NTI-DISCRIMINA·noN CLAUSF.. "!11c contractor agrees; (a) to comply with the Kansas Act Again~'t Discrimination (K.S.A. 44-1001 ct seq.) and the Kan,;as Age Discriminatim\ in Employment Act, (K.S.A. 44-1111 el seq.) and the applicable provisioll!l of the Americans With Disabilities Act (42 U.S.C. l2l01 e/ seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or anccslry, or age in the admission of access to or trealrncnt or employment in, its programs or nctivitics; (b) to include in all solicitatiort~ or advertisements fur employees, the phrase "equal opportunity employer"; (c) to comply wilh the reporting .requirements set Old in K.S.A. 44-1031 and K.S.A. 44·1 116; (d) to include those provisions in every sttbcontr~ct or purchase order so that they are binding upon such subeontraclor or vendor; (e) tl1at 11. failure 10

comply with the reporting requirement. of(c} above or if the contractor is found guilly of mty violation of such acts by the Km~'<lts ~hunan Rights Commission, such violation shill! constitute a breach of contract; (1) if the cmumcting agency determines that the contractor has violated applicable provisions or ADA, th~t violation shall constitute n breach of contract; (g) if (e) or (f) oecurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. ·

6. ACCEPT,INCE OF CON"I'RACI'. This contract shall not be considered accepted, approved or otherwise effective tmtil the required approvals und certifications have been given and this is signed by the Board of County Commissioners of the County of Shawnee, Kon.~as.

7. ARmTRATION, DAl\"IAGES, \VAlUlANTms. Notwithstanding any lnngungc to the contrary, no interpretalion shall be allowed to find the Co1mly has agreed to binding orbit ration. or the payment of damages or penalties upor1 the occurrCI!CC of n eontingency. Further, the. County shall not agree to pay ~ttorney rees ond late payment charges; und no provisions will be given effect which attempts to exclude, modifY, disclaim or otherwise attempt Ia limit implied warnmties of merchantability and fitness for a particular purpose.

8. REI'JlESENTATlVE'S AUTnORlTY To CONTllACT. By signing this document, the rcprescntatil•c of the contractor thereby represents that such person is duly uuthorized by lhc contructor to execute this docwnent on behalf of the contraclor and that the contractor ugrees to be bound by the provisions thereof.

9. n~ESPONSllliLIT\' Fon TA .. XES, ll1e County shall nol be responsible fur, nor indenmify a contractor for, any fedeml, state or local taxes which may be imposed ot levied upon the subject matter of this controct.

10. 1NSllltANCE. TI1c County shall not be required to purchase, any insumnce ugainst Joss or damage lo any personal prope11y to which this contract relates, nor shall this contract require the CounJy to establish a "self-insurance" finul to protect against nny such Joss or damage. Subject to the Jlrovisioos of the Kansas Tort Claims Act (K..S.A. 75-610 I et seq.), the vendor or lessor shall bear the risk of nny loss or damage to nny personal property to which vendor or lessor holds title.

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNKE COUNTY, KANSAS

Kevin J. Cook:, Chair

Date;

ATTEST:

CynthiR A. Beck. Shawnee County Clerk:

Parties to this contract understand that subsections (b) through (e) of this paragraph llLltnber 5 nre not applicable to a conlractor who employs fewer than four employees or whose contract with !he County totnls

-~ ____ $,$,9!)_0_or,less_durlng.this.liscaLyear.~-~~--~-,~~-~-·--,---~----------,-~· ------,,-- ---- --··~--,--~- ~---- ----------' --- ------~ --

r I !

I

FOLEY EQUIPMENT CO.







E-Mail: [email protected] Unit ID Number:

This Agreement between Foley Equipment Company ("Foley") and {"Customer") shall be in effect from

' . ~ . .,

<'.V-i,\)\ -,.;:


3412

2WJ00900

701

Sn Co Jail Unit #3

April17, 2015 and shall


SERVICES:

Foley shall provide parts and labor to perform the applicable Foley Maintenance Plan (FMP) as defined in the Planned Maintenance Inspection Report. Customer agrees to allow Foley proper access to perform the services during normal business hours, unless othe!Wise agreed to in writing by Foley and contained within this agreement. If Customer requests work to be done on an overtime basis, Customer shall pay the differential between Foley's overtime and regular time charges. Customer will be furnished a copy of the Planned Maintenance Inspection Report detailing all items inspected, serviced, or replaced.

SERVICE INTERVALS:

These services will be performed annually. The first service will be performed November 2015 Foley will schedule services based off date & usage, we will contact Customer prior to dispatch to verify usage. Customer may contact Foley and schedule next service


annually. The KW is 750 and the voltage is 480 & the Amps are 1128 on this unit.

PAYMENT:

These services shall be provided for a Pay Per Service price of $2,473.00 plus any applicable tax. Payment is due upon receipt of


EXCLUSIONS:


Foley's current published rate. Parts and/or labor other than those specifically required to perfonn the services as defined in the Planned


travel time, or mileage) caused by fire, vandalism, theft, freezing, explosion, alterations, accidents, misuse of the equipment or abuse,

negligence, riots, acts of God, failure to perform the manufacturer's recommended maintenance as set forth by the lube and maintenance~-~---~ guide or elsewhere, tire failure, or to auxiliary equipment attachments.



TERMINATION:

Customer may terminate this agreement at any time during its term with no termination fees by providing written notification to Foley. Such termination will not apply to services provided by Foley before notice was received by Foley. Frequent deviation from service Interval schedule may result in termination of agreement at the sole discretion of Foley.



As per the terms of this agreement, Foley Equipment Company agrees to perform three annual inspections on the standby generator set as described above. Each inspection shall be performed using the recommended inspection criteria as designed for this generator set. At the time of each annual generator set inspection visit, Foley also agrees to change the engine oil, change the engine oil filter(s), change the engine fuel filter(s), and check the engine air filter(s). Engine oil sampling and engine coolant sampling shall also be performed at the time of each annual generator set inspection visit. A twohour generator set load bank test shall also be performed at the time of each annual generator set inspection visit. Any repairs found to be needed at the time of each generator set inspection visit will be brought to the attention of Shawnee County Department of Corrections in a timely manner. Any repairs found to be needed at the time of each annual generator set inspection visit are not included in the price of this generator set inspection agreement, and will be billed separately to the Shawnee County Department of Corrections.

Page 1 of2

}'~~e Equipment is to be used by Customer exclusively and not subleased, loaned, or otherwise used by persons or entities other than Customer. Customer sht:tll not alter the Equipment or affix any accessory thereto if such alteration or addition would impair the originally intended function or use or reduce the value of the Equipment. Foley shall be entitled to terminate this Agreement if the foregoing provisions are violated. Foley is a vendor/independent contractor. Nothing herein shall create a partnership, joint venture or employment relationship between the parties. Customer may assign this Agreement, but only with the written consent of Foley. Any attempt to do so without such written consent shall be void and of no effect. Foley may assign this Agreement; but no such· assignment shall relieve Foley from any liability hereunder. This Agreement may be amended at any time by an agreement in writing executed with the same formality as this Agreement. This Agreement may not be modified orally.

The parties to this Agreement shall execute and deliver all documents, provide all information, and take or refrain from taking action as may be necessary or appropriate to achieve the purposes ofthis Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors, legal representatives and permitted assignees. This Agreement constitutes the entire agreement among the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining thereto. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach or any other covenant, duty, agreement or condition.

If any provision of this Agreement is or becomes invalid, illegal, or unenforceable in any respect, and if the rights and obligations of the parties to this Agreement will not be materially and adversely affected thereby, {a) such provision will be fully severable; {b) this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (c) the remaining provisions of this Agreement will remain in full force and effect and not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (d) in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of this Agreement a legal, valid, and enforceable provision as similar in terms to such illegal, invalid, or unenforceable provision as is possible. This Agreement shall be construed in accordance with and governed by the internal laws of the Slate of Kansas, without regard to the principles of conflicts of law.

Any and all actions in law, equity, or otherwise arising under this Agreement, or in any manner from the transactions contemplated herein, shall be brought either in the U.S. District Court for the District of KS, sitting in Wichita, KS, or the 18th Judicial District, District Court, Sedgwick County, KS, and in no other court or jurisdiction. Each party hereto hereby consents to the jurisdiction of said courts. This contract shall be deemed to have been made in Wichita, KS. No provision of this Agreement shall be interpreted for or against any party hereto on the basis that such party was the draftsman of such provision; and no presumption or burden of proof shall arise disfavoring or favoring any party by virtue of the authorship of any of the provisions of this Agreement.

FOLEY DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE EQUIPMENT, PARTS, OR SERVICES OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. FOLEY FURTHERMORE DISCLAIMS, AND CUSTOMER EXPRESSLY DISCLAIMS, ANY RELIANCE ON STATEMENTS MADE BY FOLEY OR ITS AGENTS. EXCEPT FOR ANY EXPRESS WARRANTIES EXTENDED IN WRITING BY CATERPILLAR, INC., THE EQUIPMENT, ALL PARTS, AND ALL SERVICES PROVIDED HEREUNDER ARE SOLD, LEASED, OR PROVIDED "AS IS" AND WITH ALL FAULTS. FOLEY MAKES NO WARRANTIES, EXPRESS OR ;,>:. IMPLIED, CONCERNING THE EQUIPMENT, PARTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR~ PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY OR WARRANTY THAT THE EQUIPMENT IS IN COMPLIANCE WITH ANY m ~>~

APPLICABLE GOVERNMENTAL REGULATIONS, SPECIFICATIONS, OR REQUIREMENTS. PERFORMANCE OF THE REPAIRS OR ~~ ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER ANY WARRANTY EXTENDED BY FOLEY. -l

0 ~-C'J

0 CUSTOMER HEREBY WAIVES, AND FOLEY SHALL NOT BE LIABLE FOR, ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR Ul ABSOLUTE LIABILITY IN TORT) IT MIGHT HAVE AGAINST FOLEY FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR ro

. CONSEQUENTIAL DAMAGE), OR EXPENSE CAUSED BY THE EQUIPMENT, PARTS, OR SERVICES. WITHOUT LIMITING THE FOREGOING~ § LOSS OF EQUIPMENT USE, INCONVENIENCE, STORAGE, LOSS OF TIME OR PAYMENT, DELAY PENALTIES, AND SUBSTITUTE RENTAL > O SHALL REMAIN THE SOLE RESPONSIBILITY OF CUSTOMER, AND FOLEY SHALL HAVE NO LIABILITY THEREFORE. E u_

0.-o O..c

<( rn IN WITNESS WHEREOF, the p~rties have executed this Agreement the day and year first above written.

Customer Signed Date

Printed Name


Printed Name

Page 2 of2

r-.:. ) .J

: j . }

-:.) )

. )

') )

} )

oct

Rev. 09/20 13 ATI"ACllM~NTTO

SUAI\'Nllll COUNTY CONTRACT C. ___ _

CONTRACTUAl, PROYfSIONS ATTACHMENT The undersigned parties agree !hat lhc following provisions me hereby inwrporuted into the contt'act to which it is attached and made a pari thereof, said contract being dated the ___ day of ---------' 20_.

I. TEI!i\IS HEMIN CONTROLLING l'ROVISIONS. II is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of "ny other conflicting provision in nny other d~cUinenl relating to and a pari of the contract in which this attachment is incorporated.

2. AG!\EllMENT WlTII KANSAS LAW. It is agreed by and between the undersigned ·that all disputes and matters whatsoever arisi11g under, in cmUiection with or incident to this comract shall be litigated, if at all, in und before a Court located in the State of Kansas, U.S.A., to tho e.~clusion of the Courts of any other states or country. All contrnctual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TERMlNATION DUE TO LACK OF FUNDfNG APl'RQPRfATION. Shawnee County is subject to the Kansas Ca$11 Basis Law, K.S.A. 10-1101 el seq. If, i11 the judgment of the Financial Administrator, Audit-Finance Office, sufiici~ll limds are not appropriated to continue the ti.mction performed in this agreement and for the payment of the charges hereunder. County may terminate this agreement at the end of its currcnttlscal year. County agrees to give wrillcn notice of tennination to contractor at least thirty (30) days prior lo the end of its current fiscal year. li\ the event thi.~ agreement is terminated pursunlll to this paragraph, County will pay to the contractor all regular contractual payments irn:urrcd througl1 the end of such fiS\:111 year. The termination of the contract pursuant tD this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF L!AJ!ILIT\'. Neither Inc County of Shawnee nor any department thereof shnll hold harmless or iJ\demnify any contrnctor for ;tny liubilily whatsoever.

5. ANTI-DISCRIMINA'I10N CLAUSF.. '!11e contractor agrees; (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 ct seq.) and the Kansas Age Discriminntiot\ in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities· Act (42 U.S.C. l2LOI e/ seq.) [ADA] and to not discriminate against any person because of race. religion, color, sex, disability. national origin or nncestcy, or age in the ndmission of access to or treatment or employment i.n, its programs or uctivitics; (b) to include in all solicitations or adverliscm.cnts fur employ<:es, the phrnsc "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 subcontraclot or vendor; (e) that a failure to comply with the reporting requirements of(c) above or if the contrnctor is found guil!y of any violation of such nets by the· KmL~as Human Rights Commission. such violation shall constiii.Jie a breach of contract; (i) if the contracting agency detennines that the contractor has violated ll}Jplicable provisions of ADA, that violation shall constitute n breach of contrncl; (g) if (e} or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. · Patties to this eontraot understand that subsections (b) through (e) of this paragraph ntunber 5 nre not applicable to a contractor who employs fewer than four employees or whose contract with the County totals

---------------»~OOO.Q!' Jess du_t:ffigl!!~~9&Y.I'ar._

6. ACCEPrANCE OF CON'rRACI'. This contract shall not be considered accepted, approved or otherwise effective until tl1c required approvals and certifications have l>een given and this is signed by the Board of County Commissioners of the COU!\ty of Shawnee, Kansas.

7. ARIJITRATION, DAMAGES, WA'RRANTIJ!S, Notwithstanding any language to the contrary, no interpretation shall be allowed lo find the County has agreed to binding arbitrution, or the payment of damages or penalties upon the occurrcuce 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 n particular purpose.

8. REI'RESENTATl\'ll'S AUT»OR11'Y TO CONTRACT. By signing this docmnent, the represcntatii'C of the con!mctor thereby represents that such person is duly uuthorized by the conlruclor to execute this docwnent on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIIJILITY Fon TA.'XES, 1l1e County shall not be responsible for, nor indenmify a COtltructor for, any federu.l, state or local taxes which may be imp()Scd or levi eel upon the subject matter of this contract.

10. JNSUI!ANCE. The County shall no! be required to purchase, any insurance against loss or damnge to any personal property to which this contract relates, nor shall !his contract require the Counly to eSillblish a "self-insurance" ftuul to protect against ony s•ICh loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K..S.A. 75-610 I et seq.), the vendor or lessor shall bear the risk of any loss OJ'

damage to ~ny personal properly to which vendor or lessor holds title..

Date;

DOARn 017 COUNTY COMMISSIONERS SHAWN~:E COUNTY, KANSAS

Kevin J. Coole. Chair

Dale:

ATTEST:

Cynthiu A. Beck, Shawnee County Clerk

I

I I I

~· 1.\

I ' I ~ ~-

\ FOLEY EQUIPMENT CO.

{Even Pay Per.. Service)








''•(' 1..

14E0406-121 04 M-Caterpillar

3412

81Z19908

716

Sn Co Jail Unit #4

April 17, 2015 and shall


SERVICES:

Foley shall provide parts and labor to perform the applicable Foley Maintenance Plan (FMP) as defined in the Planned Maintenance Inspection Report. Customer agrees to allow Foley proper access to perform the services during normal business hours, unless otherwise agreed to in_writing by Foley and contained within this agreement. If Customer requests work to be done on an overtime basis, Customer shall pay the differential between Foley's overtime and regular time charges. Customer will be furnished a copy of the Planned Maintenance Inspection Report detailing all items inspected, serviced, or replaced.

SERVICE INTERVALS:

These services will be performed annually. The first service will be performed November 2015 Foley will schedule services

based off date & usage, we will contact Customer prior to dispatch to verify usage. Customer may contact Foley and schedule next service


annually. The KW is 500 and the .voltage is 480 & the Amps are 752 on this unit.

PAYMENT:

These services shall be provided for a Pay Per Service price of $2,050.00 plus any applicable tax. Payment is due upon receipt of


EXCLUSIONS:




travel time, or mileage) caused by fire, vandalism, theft, freezing, explosion, alterations, accidents, misuse of the equipment or abuse,

negligence, riots, acts of God, failure to perform the manufacturer's recommended maintenance as set forth by the lube and maintenance



If any additional services or repairs are recommended by Foley, Customer will be notified prior to the services being performed. Any services or repairs requested by Customer will be provided at Foley's then current rates for parts, labor and travel expenses. ln addition to the services to be provided hereunder, Customer shall be entitled to any benefits and protections of warranties provided by Cat on the Equipment.

TERMINATION:

Customer may terminate this agreement at any time during its term with no termination fees by providing written notification to Foley. Such termination will not apply to services provided by Foley before notice was received by Foley. Frequent deviation from service interval schedule may result in termination of agreement at the sole discretion of Foley.



As per the terms of this agreement, Foley Equipment Company agrees to perform three annual inspections on the standby generator set as described above. Each inspection shall be performed using the recommended Inspection criteria as designed for this generator set. At the time of each annual generator set inspection visit, Foley also agrees to change the engine oil, change the engine oil filter(s), change the engine fuel filter(s), and check the engine air filter(s). Engine oil sampling and engine coolant sampling shall also be performed at the time of each annual generator set inspection visit. A twohour generator set load bank test shall also be performed at the time of each annual generator set inspection visit. Any repairs found to be needed at the time of each generator set inspection visit will be brought to the attention of Shawnee County Department of Corrections in a timely manner. Any repairs found to be needed at the time of each annual generator set inspection visit are not included in the price of this generator set inspection agreement, and will be billed separately to the Shawnee County Department of Corrections.

Page 1 of 2

·---.~· ----------------------------------------.1 _/;~e Equipment is to be used by Customer exclusively and not subleased, loaned, or otherwise used by persons or entities other than Customer. Customer sh~:~ll not alter the Equipment or affix any accessory thereto if such alteration or addition would impair the originally intended function or use or reduce the value of the Equipment. Foley shall be entitled to terminate this Agreement if the foregoing provisions are violated. Foley is a vendor/independent contractor. Nothing herein shall create a partnership, joint venture or employment relationship between the parties. Customer may assign this Agreement, but only with the written consent of Foley. Any attempt to do so without such written consent shall be void and of no effect. Foley may assign this Agreement; but no such· assignment shall relieve Foley from any liability hereunder. This Agreement may be amended at any time by an agreement in writing executed with the same formality as this Agreement. This Agreement may not be modified orally.


If any provision of this Agreement is or becomes invalid, illegal, or unenforceable in any respect, and if the rights and obligations of the parties to this Agreement wili not be materially and adversely affected thereby, (a) such provision will be fully severable; {b) this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; {c) the remaining provisions of this Agreement will remain in full force and effect and not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (d) in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of this Agreement a legal, valid, and enforceable provision as similar in terms to such illegal, invalid, or unenforceable provision as is possible. This Agreement shall be construed In accordance with and governed by the internal laws of the State of Kansas, without regard to the principles of conflicts of law.

Any and all actions in law, equity, or otherwise arising under this Agreement, or in any manner from the transactions contemplated herein, shall be brought either in the U.S. District Court for the District of KS, sitting in Wichita, KS, or the 18th Judicial District, District Court, Sedgwick County, KS, and in no other court or jurisdiction. Each party hereto hereby consents to the jurisdiction of said courts. This contract shall be deemed to have been made in Wichita, KS. No provision of this Agreement shall be interpreted for or against any party hereto on the basis that such party was the draftsman of such provision; and no presumption or burden of proof shall arise disfavoring or favoring any party by virtue of the authorship of any of the provisions of this Agreement.

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I FOLEY DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE ! EQUIPMENT, PARTS, OR SERVICES OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. FOLEY FURTHERMORE DISCLAIMS, AND l CUSTOMER EXPRESSLY DISCLAIMS, ANY RELIANCE ON STATEMENTS MADE BY FOLEY OR ITS AGENTS. EXCEPT FOR ANY EXPRESS ·'::·.

HEREUNDER ARE SOLD, LEASED, OR PROVIDED "AS IS" AND WITH ALL FAULTS. FOLEY MAKES NO WARRANTIES, EXPRESS OR ~' -~ . ) WARRANTIES EXTENDED IN WRITING BY CATERPILLAR, INC., THE EQUIPMENT, ALL PARTS, AND ALL SERVICES PROVIDED ~ ~1 fV

1

IMPLIED, CONCERNING THE EQUIPMENT, PARTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOfii, '';/ .J 1 PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY OR WARRANTY THAT THE EQUIPMENT IS IN COMPLIANCE WITH ANY 0> 1\ ~ ! J APPLICABLE GOVERNMENTAL REGULATIONS, SPECIFICATIONS, OR REQUIREMENTS. PERFORMANCE OF THE REPAIRS OR _:i "' ~ ' ) ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER ANY WARRANTY EXTENDED BY FOLEY. .£ ~ : j

(/.) cu ) CUSTOMER HEREBY WAIVES, AND FOLEY SHALL NOT BE LIABLE FOR, ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR lU 0 . } ABSOLUTE LIABILITY IN TORT) IT MIGHT HAVE AGAINST FOLEY FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR "0 i::3 ) CONSEQUENTIAL DAMAGE), OR EXPENSE CAUSED BY THE EQUIPMENT, PARTS, OR SERVICES. WITHOUT LIMITING THE FOREGO IN~ t: I )

. LOSS OF EQUIPMENT USE, INCONVENIENCE, STORAGE, LOSS OF TIME OR PAYMENT, DELAY PENALTIES, AND SUBSTITUTE RENTAL£ ~ I SHALL REMAIN THE SOLE RESPONSIBILITY OF CUSTOMER, AND FOLEY SHALL HAVE NO LIABILITY THEREFORE. a_ '"0 )

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Rev. 09120 13 krrACIIMI!:N'fTO

SHAWNEE COUNTY CONTRACT C. ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undcrsig•ted parties agree !hat the following provisions ure hereby incorporntcd itt to the con!t'cl<.:t to which it is attached and made a part thereof, said contract being dated the ___ day of _______ ___, 20 __ .

L TE!u\IS HEtmiN CONTIWLL!NG l'ROVISIONS. II is expressly agreed that the terms of each and every provision in this attachment shall prevail ~nd control over the terms of any other conflicting provision in any other document relutlng to and a purl of the contract in which this altaehmcnt is incorporated.

2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whntsocver arising under, in connection with or incident to this contract shall be Htignted, if at all, in und before 11 Court located in the State of Kansas, U.S.A., to the e~clusion of the Courts of any other states or country. All contractual agreeme11ts shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3.

4.

5.

TJml'VllNATION DUE TO LACK OF FUNDING Ai'I'ROPRTATION. Shawnee County is subject to the Kansas Ca:;h Basis Law, K.S.A. 10-1101 el seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, suffici¢llt funds are not appropriated to continue the !unction perfonned in this agreement and for the payment of the charges herctmdcr, County may terminate this agreement at the end of its currCJll llscal 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 tl1c contractor all regular contl"dctual payments incurred througlt the end of such fiscal ye~r. "llle termination of the contract purstmnt to this paragraph shall not cause any penalty to be charged to the County or the contractor.

DISCLAIMER OF l.JABILITI'. Neither I he County of Shawnee nor any department thereof s1J.111 hold harmless or indemnity any contmctor for ;lny liubilitywhatsoever.

ANTI-DISCRIMINA"I10N CLAUSE. 111C contractor agrees; (a) to comply with the Kansas Act Again~i Discrimination (K.S.A. 44-1001 ct seq.) und the Kansa~ Age Discrimination in Emp!~;~ymCJtt Act, (K.S.A. 44-111 J e/ seq.) and the applicable:: provisions of the Americans With Disabilities· Act (42 U.S.C. 12101 e/ seq.) [ADA] and to not discriminate against any person because of race. religion, color, sex, disability, national origin or ancestry. or age in the ndmission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitatimlS or advertisctnCJlls for employcr.s, the phrase "equnl opportunity employer"; (c) to comply with. the reporting requirements set out in K.S.A. 44-1031 nnd K.S.A. 44•1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor, (e) that a failure to comply with the reporting requirement. of(o) above or if the contractor is found guilty of mty violation of such acts by the KmL'>!Is Human Rights Commission, such violation shnll constitute a breach of contract; (i) if the contracting agency determines that the contractor has violated applicable provisiollS of ADA, that violation shall constitute n breach of contmct; (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

6. AccEPFANCE OF CON'I'RACI'. ·n1is 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 ofShuwnce, Knn~as.

7. ARIIITRATU)N, DAMAGES, 'WARRANTIES. Notwithstanding any lnnguuge to the contrary, no interprctation shall be allowed to find th~ County hos agreed to binding arbitration, or the payment of damages or penalties upon the occurretlc<:> of n contingency. Further, the County shall not agree to pay attorney fees and late payment charges; nnd no provisions will lle given effect which attempts to exclude, modifY, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for 11 particular purpose,

8. REr.RESENTATlVE'S AUTllORlTY To CONTR~CT. By signing this docrunent. the rcpresentali1•e of the contmctor thereby represents that such person is <luly uuthorized by the contructor to execute this docmnent on behalf of the contractor nnd that the contractor agrees to be bound by the provisiolls thereof.

9. RESPONSllliLITY FOR TA.XES. The County shall nol be responsible for, nor indemnify a contractor for, any fedeml, slate or locnl taxes which may be inipciscd or levied upon I he subject matter of this contract.

10. lNSUIIANCE. l11e County shall not be required to purchase, any insurance against Joss or damage to any personal prope11y to whid1 this contract relates, nor shall !his contruct require the County to establish a "self-insurance" ftnul to protect ~gains! uny such loss or damugc. Subject to the J>rovisioos of the Kansns Tort Claims Act (K.S.A. 75-61 0 I et seq.), tho:> vendor or lessor shall bear the risk of any loss or damage to pny personal property to which vendor or lessor holds title.

llOARD Ql? COUNTY COMMISSIONERS SHAWN~E COUNTY, KANSAS

Kevin J. Coole, Chair

Date;

ATTEST:

Cynthiu A. Beck, Shawnee County Clerk

FOLEY EQUIPMENT CO. Foley Maintenance Plan Electric Power Generation

(Even Pay Per Service) Agreement# Customer: Sn Co Department of Corrections Manufacturer:





This Agreement between Foley Equipment Company ("Foley") and ("Customer''} shall be in effect from


C9

C9E01076

91

Sn Co Jail Unit #5

April17, 2015 and shall terminate 36 months thereafter or upon Equipment reaching 841 hours of operation or 3 services, whichever comes first.

SERVICES: Foley shall provide parts and labor to perform the applicable Foley Maintenance Plan (FMP) as defined in the Planned Maintenance Inspection Report. Customer agrees to allow Foley proper access to perform the services during normal business hours, unless otherwise agreed to in writing by Foley and contained within this agreement. If Customer requests work to be done on an overtime basis, Customer shall pay the differential between Foley's overtime and regular time charges. Customer will be furnished a copy of the Planned Maintenance Inspection Report detailing all items inspected, serviced, or replaced.

SERVICE INTERVALS:

These services will be performed annually. The first service will be performed November 2015 · Foley will schedule services based off date & usage, we will contact Customer prior to dispatch to verify usage. Customer may contact Foley and schedule next service due should service interval occur sooner than expected. Foley is not responsible for any parts or labor for services at intervals less than annually. The KW is 250 and the voltage is 480 & the Amps are 377 on this unit.

PAYMENT:

These services shall be provided for a Pay Per Service price of $1 ,438.00 plus any applicable tax. Payment is due upon receipt of Foley's invoice. This pricing is based upon acceptance of Foley's standard terms and conditions.

EXCLUSIONS:

This agreement does not obligate Foley for any repair or cost of repairs as a direct, in direct consequential result of this inspection. Travel time and mileage costs in excess of 3 round trips from a Foley Service location will be at an additional charge at Foley's current published rate. Parts and/or labor other than those specifically required to perform the services as defined in the Planned Maintenance Inspection Report will be an additional charge. Further, Foley will not be responsible for repairs or cost of repairs (labor, parts, travel time, or mileage} caused by fire, vandalism, theft, freezing, explosion, alterations, accidents, misuse of the equipment or abuse, negligence, riots, acts of God, failure to perform the manufacturer's recommended maintenance as set forth by the lube and maintenance guide or elsewhere, tire failure, or to auxiliary equipment attachments.

ADDITIONAL SERVICES: If any additional services or repairs are recommended by Foley, Customer will be notified prior to the services being performed. Any services or repairs requested by Customer will be provided at Foley's then current rates for parts, labor and travel expenses. In addition to the-serVices to be provided · hereunder, Customer shall be entitled to any benefits and protections of warranties provided by Cat on the Equipment.

TERMINATION: Customer may terminate this agreement at any time during its term with no termination fees by providing written notification to Foley. Such termination will not apply to services provided by Foley before notice was received by Foley. Frequent deviation from service interval schedule may result in termination of agreement at the sole discretion of Foley.



As per the terms of this agreement, Foley Equipment Company agrees to perform three annual inspections on the standby generator set as described above. Each inspection shall be performed using the recommended inspection criteria as designed for this generator set. At the time of each annual generator set inspection vil)it, Foley also agrees to change the engine oil, change the engine oil filter(s), change the engine fuel filter(s}, and check the engine air filter(s). Engine oil sampling and engine coolant sampling shall also be performed at the time of each annual generator set inspection visit. A twohour generator set load bank test shall also be performed at the time of each annual generator set inspection visit. Any repairs found to be needed at the time of each generator set inspection visit will be brought to the attention of Shawnee County Department 'of Corrections in a timely manner. Any repairs found to be needed at the time of each annual generator set inspection visit are not included in the price of this generator set inspection agreement, and will be billed separately to the Shawnee County Department of Corrections.

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}~~e Equipment is to be used by Customer exclusively and not subleased, loaned, or otherwise used by persons or entities other than Customer. Customer sh(:a!l not alter the Equipment or affix any accessory thereto if such alteration or addition would impair the originally intended function or use or reduce the value of the Equipment. Foley shall be entitled to terminate this Agreement if the foregoing provisions are violated. Foley is a vendor/independent contractor. Nothing herein shall create a partnership, joint venture or employment relationship between the parties. Customer may assign this Agreement, but only with the written consent of Foley. Any attempt to do so without such written consent shall be void and of no effect. Foley may assign this Agreement; but no such assignment shall relieve Foley from any liability hereunder. This Agreement may be amended at any time by an agreement in writing executed with the same formality as this Agreement. This Agreement may not be modified orally.

The parties to this Agreement shall execute and deliver all documents, provide all information, and take or refrain from taking action as may be necessary or appropriate to achieve the purposes of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors, legal representatives and permitted assignees. This Agreement constitutes the entire agreement among the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining thereto. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach or any other covenant, duly, agreement or condition.

If any provision of this Agreement is or becomes invalid, illegal, or unenforceable in any respect, and if the rights and obligations of the parties to this Agreement will not be materially and adversely affected thereby, (a) such provision will be fully severable; {b) this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (c) the remaining provisions of this Agreement will remain in full force and effect and not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (d) In lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of this Agreement a legal, valid, and enforceable provision as similar in terms to such illegal, invalid, or unenforceable provision as is possible. This Agreement shall be construed in accordance with and governed by the internal laws of the State of Kansas, without regard to the principles of conflicts of law.

Any and all actions in law, equity, or otherwise arising under this Agreement, or in any manner from the transactions contemplated herein, shall be brought either in the U.S. District Court for the District of KS, sitting in Wichita, KS, or the 18th Judicial District, District Court, Sedgwick County, KS, and in no other court or jurisdiction. Each party hereto hereby consents to the jurisdiction of said courts. This contract shall be deemed to have been made In Wichita, KS. No provision of this Agreement shall be interpreted for or against any party hereto on the basis that such party was the draftsman of such provision; and no presumption or burden of proof shall arise disfavoring or favoring any party by virtue of the authorship of any of the provisions of this Agreement.

FOLEY DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE EQUIPMENT, PARTS, OR SERVICES OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. FOLEY FURTHERMORE DISCLAIMS, AND CUSTOMER EXPRESSLY DISCLAIMS, ANY RELIANCE ON STATEMENTS MADE BY FOLEY OR ITS AGENTS. EXCEPT FOR ANY EXPRESS WARRANTIES EXTENDED IN WRITING BY CATERPILLAR, INC., THE EQUIPMENT, ALL PARTS, AND ALL SERVICES PROVIDED HEREUNDER ARE SOLD, LEASED, OR PROVIDED "AS IS" AND WITH ALL FAULTS. FOLEY MAKES NO WARRANTIES, EXPRESS OR .?:;-IMPLIED, CONCERNING THE EQUIPMENT, PARTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY OR WARRANTY THAT THE EQUIPMENT IS IN COMPLIANCE WITH ANY APPLICABLE GOVERNMENTAL REGULATIONS, SPECIFICATIONS, OR REQUIREMENTS. PERFORMANCE OF THE REPAIRS OR ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER ANY WARRANTY EXTENDED BY FOLEY.

CUSTOMER HEREBY WAIVES, AND FOLEY SHALL NOT BE LIABLE FOR, ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY IN TORT) IT MIGHT HAVE AGAINST FOLEY FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGE), OR EXPENSE CAUSED BY THE EQUIPMENT, PARTS, OR SERVICES. WITHOUT LIMITING THE FOREGOING, LOSS OF EQUIPMENT USE, INCONVENIENCE, STORAGE, LOSS OF TIME OR PAYMENT, DELAY PENALTIES, AND SUBSTITUTE RENTAL SHALL REMAIN THE SOLE RESPONSIBILITY OF CUSTOMER, AND FOLEY SHALL HAVE NO LIABILITY THEREFORE.


Customer Slgood ID•te

Foley Equipment Signed Date

Printed Name

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Rev. 0912013 A"I'I'ACHMI!:NrTO

SiJAWNSll COUNTY CONTRACT C, ___ _

CONTRACTUAL PROYISIONS ATTACHMENT 1l1e undersigned parties agree that the lbllowing provisions nrc hereby incorporuted into the conttdct to which it is attached and made a part thereof, said rontract being dated the ___ day of -------~ 20_.

I. TERMS HEtulJN CONT.ROLLING l'ROVIS10NS. I! is expressly agreed that the terms of each and every provision in this attachment shall prevail nnd control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. AGREEMENT W!TII KANSAS LAW. It is agreed by and between the undersigned ·that all disputes and matters whatsoever arisi11g under, in cmUlection with or incident to this contract shall btl Htigated, if at all, in and btlfore u Court located in the State of Kansas, U.S.A., to the e~clusion of the Courts of any other stales or country. All Cl)l!tractual agre~ncnts shall be subject to, governed by, nnd construed according to the laws of the State of Kansas.

3. TERiVfiNATlON DUE TO LACK 01r FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 ct seq. If, in the judgment of the Financial Adminislrator, Audit-Finance Office, sufi1eient funds are not appropriated to eonlinuc the tlmction perfonned in this agreement and for the payment of the charges here~mdcr, County may terminate this agreement at the end of its current !iscal year. County agrees to give wrillcn notice of tennination to contractor at least thirty (30) days prior to the end of its cmrent fiscal year. In the event this agreement is terminated pursuanllo this paragraph, County will pay lo the contractor all regular contractual payments incurred through the end of such fiscal year. "llle termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to t11e County or the contractor.

4. DISCLAIMER Qp LIABILITY. Neither the County Gf Shawnee nor any department thereof shall hold harmless or iJ\demnify any contractor for •my liability whatsoever.

6. ACCEPTANCE OF CON"l'RAC'I'. "l11is contract shall not be ronsidered accepted, approved or otherwise effective until tl1c required approvals und certifications lmve been given and this is signed by the Board of County Commissioners of the County ofShuwnec, Knnsas.

7. ARliiTRATION, DAMAGES, WARRANTIES. Notwithstanding any langunge to the contrary, no interpretation shall be allowed to find the County has agreed to binding nrbitrn!ion, or !he payment of damages or penalties upon the occurrence of u contingency. Further, the County shall not agree lo pay attorney fees nnd late payment charges; und no provisions witl be giver\ effect which attempts lo exclude, modifY, disclaim or otherwise attempt to li1nit implied warranties of merchantability and fitness for a particular purpose.

8. REI'IlESENTATIVE'S AUTROillTY TO CONTRACT. By signing this document the rcprescntatii'C of the contmctor thereby represents that such person is duly authorized by the contrucloT to execute this docmnent on behalf of !he contractor and that the contractor agrees to be hound by tho provisions thereof.

9. RESPONSllliLlT¥ Fon TA-"XES. The County shall not be responsible for, nor indemnify a contractor for, any fedeml, state or local taxes which may be imposed or levied upon the subject matter of this CGntract.

J 0. lNSUI!ANCE. TI1e Colrnty shall not be required to purchase, any insurance against Joss or damage to any personal proper1y to which this contract relates, nor shallth~' contract require the County to establish a "self-insurance" f1n1d to protect «gainst uny such lnss or damage. Subject to the llrovisions of the Kansns Tort Claims Act (K..S.A. 75· 6101 e/ seq.), the vendor or lessor shall bear the risk of any toss or damage to lillY personal properly to \~lich vendor or lessor holds title.

5. ANTI-DISCRIMINA'I10N CLAUSE. TI1e controctor agrees; (a) to comply Date: with the Kansas Act Against Discrimination (K.S.A. 44-1001 ct seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44- llOARD 011 COUNTY COMMISSIONERS Jill e/ seq.) and the applicable provisions of the Americru1s With SHAWNKE COUNTY, KANSAS Disabilities Act (42 U.S.C. 12101 e/ seq.) [ADA] and to not discriminate against nny person because or race, religion, color, sex, disability, national origin or anccsiJy, or age in the ndmission of access Kevin J. Coole, Chair to or lrealmenl or employment in, its programs or nctivitics; (b) to include in all solicitations or advertisements for employ=, the phrnsc "equal opportunity employer"; (c) to comply with the reporting Date; requirements set out in K.S.A. 44-1031 nnd K.S.A. 44-1116; (d) to include those provisions in eve!)' subcontl'llct or purchase order so that ATTEST: 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 nny violation of such acts by the· Kansas Human Cynthin A. Beck, Shawnee County Clerk Rights Commission, such violation shAll constitute a breach of contract; (!) if the conlmctirlg agency detennincs that the contractor has violated applicable provisio.tls of ADA, that violation shall constitute n breach of contmct; (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 ruunbcr S Qre not applicable to a conlractor who employs fewer than four cmploycC.'I or whose conlrHCt with the County totals $5,000 or Jess durlngtbis fi>"Cill Y5!t.,.____------~---~----~---~-,--~~---~---------~-----

133 Shawnee County



Adult Detention Facility- 501 SE 8ih- 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 W. Cole, Director ,y_

DATE: June 18,2015

RE: Request for Approval of Water Treatment Agreement

I am requesting your approval of the attached agreement with CE Water Management, Inc. (CE) for service and. materials- associated with management of the water flowing through the department's water softeners, cooling tower system, closed loops, and boilers. The services provided are for treatment of water moving through the facilities' cooling, boiler, and other closed systems to prevent damage to pipes and equipment utilizing the water.

The proposed agreement locks in our current monthly total of $380.00 for three (3) year base period. The costs for the agreement will continue to be paid out of the detention budget for contractual services (1 ODFOOO 50230). --The County Counselor's office has approved this service agreement as to legality and form.

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

BWC:tp

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

CE Water Management Inc Water Treatment • Salt • Equipment • Service

WATER MANAGEMENT SERVICE AGREEMENT

SMA \!\IN EE COUNIJ OOt:.~TRACI ~f..E::~~OlS

This agreement between CE Water Management, Inc. and Shawnee County Jail is subject to the terms and conditions outlined below: l. This agreement shall be effective when signed by an authorized representative of Shawnee County Jail and an authorized representative of CE Water Management, Inc. This agreement can be terminated by either party upon ninety (90) days written notice. Upon termination of this agreement, all CE Water Management, Inc. products and equipment shall be returned to CE Water Management, Inc. in satisfactory condition upon the effective date of termination. Any equipment not in proper working condition will be returned to satisfactory condition and the cost of the repair will be the responsibility of the customer. Repair costs shall not exceed the suggested list price ofthe equipment.

2. This Agreement shall begin on June 1st, 2015, and continue until May 31st, 2018, or canceled or superseded. by a new agreement.

3. Under this agreement, CE Water Management, Inc. agrees to provide routine service for the following equipment and systems (during operational periods) at the following customer location:

System Identification Location Service Description Cooling Systems Topeka, KS Water Treatment Services Boiler Systems"" Closed Systems " " Water Softeners (New Wing) " " Cooling system (Annex) " " Equipment System Use Description and Value N/A N/A N/A Service Frequency Purpose On-site testing Min. Once/Mo. Q.C. to in-house testing Training Min. TwiceNr. Operator competency Spent Container Recovery As needed Eliminate drum disposal _ 4. CE Water Management, Inc. will provide all chemicals necessary to maintain proper residuals in the systems during operational periods. All chemicals provided under this Agreement will be considered safe and shall not pose any regulatory discharge problems or health problems if handled according to label and Material Safety Data Sheet instructions. Customer personnel agree to maintain the chemical residuals,

3250 Brinkerhoff Rd. • Kansas City, Kansas 66115 • Tel: 913-621-7047 • Fax: 913-621-0760

provided onCE Water Test Reports and to follow recommendations as provided by CE Water Management, Inc. persormel.

5. The cost of this Agreement shall not exceed $380.00 per month. Invoicing will be 30 days in advance and will continue monthly. Terms of payment will be Net 30 days. Failure to make payments as specified can be sufficient cause for CE Water Management, Inc. to cancel this entire Agreement, including service.

6. Under the terms of this Agreement, Shawnee County Jail personnel agree to provide prompt access to the systems covered under Paragraph 3 ofthis Agreement; repair all water systems as needed to minimize water loss and waste of chemical treatment; and to notify CE Water Management, Inc. of any repairs resulting in the loss of treated systems water; and proyide r~utine c~eaning and maintenance ofthe boiiers and/or cooling towers.

7. The installation and removal of the chemical feed and metering equipment shall be the responsibility ofthe Shawnee County Jail. Any and all equipment shall be installed and removed according to state and local building codes and manufacturers' recommendations. Any installation errors that result in the malfunction or destruction of the equipment shall be the responsibility of the Shawnee County Jail. - ---

Chemicals necessary to recharge systems experiencing loss of chemically treated water due to system repairs, leaks, excess blow down or bleed off, and/or operator error will result in additional charges to the client based on replacement chemical additions required to return the system to CE Water Management, Inc. recommended limits.

Neither party shall be held liable if strikes, accidents, or other factors beyond the control of either party preve;rt performance, under this Agreement. The parties hereto indicate acceptance of this Agreement by the signature of their respective authorized representatives: Customer Billing Information: Customer Signature:

Street /P.O Box Representative Signature

City/Town State Zip code Title Date

Phone Number CE Water Management, Inc.

Tax Exempt No (If applicable) Representative Signature

-------------Title Date

CEWater Management, Inc

Rev. 09/20 13 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C ___ _

CONTRACTUAL PROVISIONS ATTACHMENT 1l1e undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the ___ day of --------20_.

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

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

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 etseq. If, in thejudgmentofU1eFinancial 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 tenninate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is tcnninated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause an)' penalty to be charged to the County or the contractor.

4. DISCLAIIVIF;R 0~· LIABILITY. Neither the County of Shawnee nor any dcpanment thereof shall hold harmless or indemnify any contractor for any liability whatsoever.

5. ANTI·DISCRIMINATION CLAUSE. 1l1e contractor agrees: (a) to comply with the Kansas Act Against Discrimination {K.S.A. 44-100 I et seq.) and the Kllnsas 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 el seq.) [ADA] and to not discriminate against any person ·because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-11 16; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of(c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency detennines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs

___ fewer than four emR].Qy~s_Q! who~!<.. contract. with.Jh~S::oun_ty jQtah $5,000 or less during this fiscal year.

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

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

8. REPRESENTATIVE'S AUTHORITY TO CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this

-document on behalfoflhe contractor and that the contractor agrees to be bound by the provisions thereof

9. RESPONSIBILJTV FOR TA.XES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local !axes which may be imposed or levied upon the subject matter of this contract.

I 0. 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. 75-610 I el seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

Date: 5{tt( IS

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

Shawnee County




DATE:

TO:

FROM:

SUBJECT:

June 18,2015


Brian W. Cole, Director p.e_,

Request to Approve Surveillance System Upgrade at Juvenile Detention Center

I am seeking your approval to accept the attached proposal for work by Sound Products, Inc. (SPI) for some surveillance system upgrades at the Juvenile Detention Center (JDC). The proposed work will not be paid with any Shawnee County funds. SPI has been designated a sole source vendor for these projects, as they installed and are the service vendor for our surveillance system.

In 2010, the department underwent a comprehensive overhaul and upgrade to the security surveillance system. This included the addition of several high definition (HD) cameras with microphones in key locations within the JDC (e.g., module dayrooms and security hallways). This technology has enhanced our ability to quickly assess and address events in these areas. The remaining portions of the JDC continued to be monitored with existing camera hardware. We have discovered that when events take place in our classrooms and gymnasium, we do not have the same ability to discover and address events.

This project includes replacement of camera equipment in the gymnasium and classrooms, as well as the addition of microphones in these locations to enhance the effectiveness of our surveillance. It also includes some upgrades to the head end of the surveillance system, to receive the enhanced recordings. The project costs ($18,607.45) will be paid out of the Juvenile Detention Facility Funds (82SG000/23'8020 150).

Accordingly, I request that this proje.ct be approved. I will be happy to answer any questions you may have.

BWC:tp

cc: Betty Greiner, Financial Administrator Richard Eckert, County Counselor

. .E:v..e_Kendall, Deputy Director_ _ Angela McHardie

. Timothy Phelps, Deputy Director

un r d Electronic Systems Contracting PROPOSAL 13884 May 20, 2015

PAGE 1

Shawnee County Dept. of Corrections

501 SE 8th

Topeka KS 66607

The following proposal shall include complete installation of all listed equipment, all required license and programming to add cameras and audio into the Avigilon Control Center.

This addition will include one 3.0 TB NVR dedicated to recording the five cameras and five microphones included with this proposal. Two 5.0 Megapixel Cameras mounted in opposing locations shall be installed in the gymnasium with a microphone dedicated to each. All required conduit for surface mounting shall be included. Both shall be dedicated to coverage of the main area for the Gymnasium. One 1.0 Megapixel Camera with dedicated microphone shall be installed each ofthree classrooms.

Touchscreen Icon additions shall be perfonned by SCDC. No other prompting has been included at this time.

GYMNASIUM & CLASSROOM ADDITION

2 3 5

I

5

4C-HD-NVMS-ENT 1 C-HD-NVMS-ENT

3.0TB-HD-NVR2

ACC-SDK-NVR 5.0-H3-D01 1.0-H3-D01 ACC-MIC

4A-HD-NVMS-ENT

I A-HD-NVMS-ENT TPE-112GS SG500-28P

A vigil on Enterprise HD NVMS, up to 4 Cameras, Unlimited Viewing Clients Avigilon Enterprise HD NVMS, up to 1 Cameras, Unlimited Viewing Clients

Avigilon HD NVR, 3.0 TB Storage, 2U Rackmount

Avigilon ACC SDK License Avigilon 5.0 Megapixel Day/Night Hardened Dome, 3-9mm A vigil on 1.0 Megapixel (720P) Day/Night Hardened Dome, 3-9mm A vigil on Surveillance Microphone

Avigilon License for 4 ACC audio channels

Avigilon License for I ACC audio channel Trendnet Gigabit POE Splitter

CISCO 28-port Gigabit PoE Stackable Managed Switch

TOTAL (less tax)

Terms: Net 30

$18,607.45

Prices Good For 30 Days

MONTY EHRLICH

ACCOUNT MANAGER

~ --~-- - .............. _,....._, ---.--.~.,--~ ---·--·----......--.-.-----,..,~._.,.-,.,.......,~-·------.--·---=-----..--·----~- __ ,.,....... __ ..........,....,..,._ ----~ .......... ,_.,.,_.. _____ _.... -----__,...,.,. _______ _

1506 SW 41st, Topeka, KS 66609 (785) 228-9669 fax (785) 228-8929 (800) 466-3666

Shawnee County

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

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

785-251-2200

MEMORANDUM

June 18, 2015

TO: Board of County Commissioners

From: Sheriff Herman T. Jones

RE: TASER Camera Systems

The Shawnee County Sheriff's Office Reserves are purchasing 12 officer body cameras with a 5 year data storage and maintenance plan. The total amount is $47,155.03 payable in increments over a five year period. These will be purchased from TASER International which is a sole source vendor and will be paid from the Reserve fund.

Please place this on the Thursday, June 25, 2015 consent agenda.

c "' ...

TASER International Protect Truth

17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: (480) 658-0629

Shane Hoobler (785) 251-2281 [email protected]

Bill To: Shawnee County Sheriff's Office - KS ATTN: ACCOUNTS PAYABLE 320 S. KANSAS AVE., STE 200 Topeka, KS 66603 us

SALESPERSON PHONE EMAIL

Ship To: Shane Hoobler

TASER

Quotation Quote: Q-29478-1

Date: 6/12/2015 4:24PM Quote Expiration: 6/30/2015

Contract Start Date*: 7/1/2015 Contract Term: 5 years

Shawnee County Sheriff's Office - KS 320 S KANSAS AVE STE 200 TOPEKA, KS 66603 us

DELIVERY METHOD PAYMENT METHOD Chris Neubeck 602-708-007 4 [email protected] Fedex - Ground Net30

*Note this will vary based on the shipment date of the product.

Due Net 30

QTY PART# DESCRIPTION NET UNIT PRICE TOTAL PRICE

12.00 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD660.00 USD 7,920.00

240.00 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00

360.00 85035 EVIDENCE.COM STORAGE USD 1.50 USD540.00

12.00 73002 CAMERA SYSTEM, AXON BODY USD 399.00 USD 4,788.00

Due Net 30 Net Amount Due: USD 13,248.00

Year 2--Due in 2016


360.00 85035 EVIDENCE.COM STORAGE USD 1.50 USD 540.00



Year 2--Due in 2016 Net Amount Due: USD 8,460.00

Year 3--Due in 2017


360.00 85035 EVIDENCE.COM STORAGE USD 1.50 USD 540.00



Year 3--Due in 2017 Net Amount Due: USD 8,460.00

Page 1 of2

STEPHANIE A THEEL Director of Court Technology

MEMO

KANSAS DISTRICT COURT Shawnee County Courthouse

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

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

To: Cathy Leonhart, Court Administrator

From: Stephanie Theel, Directo K' Department of Court Temogy

Date: June 16, 2015

Re: Renewal Contract

APRIL EASTON DBAIRHEL System Admin

Please present the attached proposed renewal contract for Internet service to the Board of County Commissioners for their review and approval.

This contract is to supply the Ag Hall and Heritage Hall of the Expo Centre with Internet service for the Court's offsite Limited Actions docket.

With the approval of the Board of County Commissioners, this renewal contract will run for one year and expire 12 (twelve) months from the signature date. Monies have been budgeted for the contract in the 2015 budget.

Thank you for your consideration in this matter.

Approved~!' ~ Cathy Leonhart, Court Administrator

tJHAWNEE GOUNl.\ ~.....,. ........ o\5

This Renewal Contract Form (hereinafter "Agreement" or "Renewal Contract") made between CenturyLink, LLC

...:S:.:h.;.:a;,;.w:.;.n.;.:e.;.:e....:C:::.;o:::.;u:.:n.;.:tyL...:;;D..:.::is:..::tr..:.::ic:.:t...:C:..::o.;.:u:.:..:rt:...._ _____________________ (the Customer) at

Heritage Hall, One Expocentre Dr, Topeka, KS 66612 (Address) is made for the purpose of providing the communication services Customer is currently purchasing from Company, pursuant to the agreement between Customer and Company dated 7/16/2012 ("Prior Contract"), on a going forward basis past the expiration of the Prior Contract. Until the term of this Agreement begins, Company and Customer agree that the Prior Contract shall continue to govern the relationship between them. Company and Customer further agree that the terms of the Prior Contract, where not in conflict with this Agreement, shall continue to be effective between the parties after the term of this Agreement begins. Those terms from the Prior Contract that continue to be effective shall remain in full force and effect until the expiration of this Agreement. The term of this Renewal Contract will begin of the first day of customer's next billing cycle following the receipt of the signed and dated Agreement by CenturyLink (unless not accepted or voided by CenturyLink.)

Customer agrees to the following term and promotional discount: (Choose One)

TERM: 24 Months

*Monthly recurring revenue (MRR) does not include taxes, surcharges, subscriber line charge

In the event that the customer terminates this Renewal Contract, the customer will pay an early termination charge equivalent to the monthly recurring charges stated in this Agreement multiplied by the number of months remaining on this Agreement. Company also reserves the right to include the total dollar value of any promotion or waiver granted at the time of original contract signature or subsequent renewal to the termination charge amount.

Business Name: Shawnee County District Court

Contact Name

Contact Number:

Title:

Signature:

Date:

TaxiD#:

CenturyLink Representative Name:---------..================

CenturyLink Representative Number:-------.================-

Signature:

Customer Acct #

SBAVJrJ:.:E COUNTY COl'UIU.Cl # CS Lj) ~ ).o 1 ~

Service Agreement By and BetwHn

CenturyTel Acqulllllon LLC and llwwn• County Dletrlct Court

.. , -~-'~ ~J~~

CenturyUnk"'

Thll SeMce Agreement. tiOgether with the Tenns and Conditions of Service and any OCher addenda or schedullllllllched henlfD (cdec:tlvely, the "Strylce AqrMrnenr), is entered into 612512012 n;tractfyl 0.") by and bllwllen c..turyTer Acquisition UC reenturyUnk") and Shawnee County Dialrlct Court rcustomer"). Subject ID ltMt tenns and conditions let folih In this Service Agreement, Cuslomer agreea to purchase the Services herein descriMid, and Centuryllnk lgiWI provide such Services to CUSIDI'ne(s Service AddntaS ror the Servlce4illriod stated below.

Centuyllnk CenturJUnk ..... llonlhlr anen.. ..,. ...... a.crtpllon Q....atr UnltPrlct Recurring ~ Chargee

~3YR CenbllyUnt 3YR 8Mbps 1 $289.00 $289.00 $0.00 6Mbpa o.b&ed Declcaled lnlemet lnllmel kceA Accele

tncrwnenlll MRR 1 $0.00 $0.00 $0.00

h llflllllon WlliNd fnltalllllon Waived for 3 1 $0.00 $0.00 1().00 ,_.term 5-slitCIP'tlncluded 5 Stllllc IP'slncluded 1 $0.00 $0.00 $0.00

Ftnt Monlh Free Firat manlh FREE oftW II 1 $0.00 $0.00 $0.00 tar f8CU"rrnn RrVIc:es criy. F"nt bii'IIIIY ~pRHIIted

Gnutcl Total: I I $289.00 - $0.00

Versicm 030210 3

---- --··--· ·--- -·-·-·· .... ·--· -·- ..... ----

...... ,

VtnlllaOJCDlO 4

Strytce.Addrw: Shawnee County District Court Heritage Hall One Expocan Drive TOPEKA, KS 68612

38 Monthst

~,,~

~-~~ ·.ca

Centurylink·

t The Service Period lhll begin on 1he CUIIDrner Accept8nce o.te C• dellned in the Terms nf Ccndlllona d Service). Termination of 11118 s.rvlce AIJ8Mient prtor to lhe expirlllon of ... hrvlce '-fad may ...... In eu.ern..~~e~ng N~pC~Mal• far a. PQII*1l or ..tr fllmllnllllon c,_..; .. 1ec:t1on e.s or._ r .... MCI Conclllol• of 1erv1ce forloCidltlo.Wdetillls.

Version 030210 4

. -- .. --·- -·--------

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CenturyUnk·

Terms and Conditions of Service By and Between

CenturyTel Acqulaltlon LLC and ShawnH County Dlatrlct Court

1. -· 7 .. Unllll 011 ............ ~ 111111 n-. CeneuryT.r Acqullllan u.c IM'clr., oplllllng lftlllll(s} of c.nuyr.r Aoqllllllon LLC Chit ....... 1111 s.rvtal(a) dllatlld In lie SeMce....... The warda "CC MAW" Mil ..,..,. l'llllriD 1111...., ~ ...-. llnUndlr Mil an wbole blhllf llellrWII,._..,It ,_-.. ....-. Tile want ...,..,...- incWIIancl IIIOIIQICiilllllllhe CenturyLIIIk pftlduc:lllrld ..-. onllnld under lnd 11'MR fulr d11dled In 1111 Selvlcl ............. AI Clpl' 2-.d IIIII'IS Ulld linin Md not altlerw'- dlllneclln ._. T..,. Md Condllant fllf...W.Ihll have lie I-*'!IIIICdlld ~111m In lhll BlrvlceAQt•.-nt. THE SERVICEAOREEIEHT GOVERNS ALLA8PECT8 OF CU81aMER'S PURCHASE, UIE AND TEIMtATION 01 THE 8IRVICES HEREIN DESCIUED. PLEASE R&VEW THE 81!RV1CE AGR!IMENT IN rTS ENTIRETY IIEPON! SIGNIIG.

2. .....

z.1 c.u,Lfl* w11 P'MIIID CuliDnw 1111 ...,._ kllatlled 1n 1111 Service~ rar 1111 ....,.. ,._,.a 1111 "'eMcc .,_. • llleldln the ..,..._..nt, unleM the S.W. ~ lllllnnln.-...,.., In IICCOidiiD wlltlllll tlmllulllon pnMllont cf a.c1an 8 below.

2.1 ~...,.,..1M rflllt ID PfOVIIiDn .,....,._vii c.nturyl.lllk'a ~ afleellnolagy, and CeriiiQUik may, lit .. opllon ancllllb .. clllc:NIIan, cN9 ... ,.. .. Ill whlc:h ............. pnMticHIId It eny tlmewllhoul ~ prcMdld, IUdl otwllt doll nat......., ~~feet.,....., lndlor funclonllly Gfllll Servlcea providlll ........

1.1 CUIIomlr ...-• provide .. lnbmallon. ac:m~~, 1n11 auppart ~ tWqUftd fllrtlmlly lnllllllllon ll'ld J1n1P1r ... o~ CenlllyLIIIk'a..,... and~ ~ fwlhw ..-eo MCUIW .. .......,--. perm111t. _, __.. rar • llfDJI!Dn fiSerllcM Md equipment ltllll Slnrfce Adclnlla.

2A The ........ IJeiMry .,_. II 1111 cllle lllllt Cenluryllllk tnt miMI the s.vtc. ........ Ill 1111 s.Mce ~. IJnlaaa aiiiiWiae pnMdld hiNin, 1111 ................ ~c. Ia _... (41) ....._..,. t'ram ......... Gf 1111 ..._ AI~ ....._, cuatorner ada~ and ..... IIIII 1111 Servlcl DllfWiy Dill II IIIIPftiiii(IMI _, may be ....... by~ If lie SeMca ~II net,_, • • ...a of CUifalnl(s liCit or Clll'lllalcln. Cenlur,U*.mey 111119, It CUaeDmlr's ....,_,.,~eo be Uled In 1111 dellvlry ofllll SIMcl(a).

u CuiAamlrlllel ...... (I)...._ .. fram the .... Dllwly Deel .... 81c111D aanduct .....,_.....,.It CUtiDmar'a IOie Olllt lfld ......_ Tha -*Ill datil ofWIII .... I. fiiiiVIcl ("CCUJ &M A IUPII M DIIW) lilld be 1111 ...., of (II) lie dill IIPOfl Wllll:ll 1111 SeMaa II ..... ........, 110C111*c1 by ~. ot (b) 1M .._ upon wti11:1t .. tlvMey M COIIIIIIIiiGI tliltltW Plfbf endl, ...... CuleGmlr ,_ PIQIIIdld CeriluryU* will nolice of Njeallan by CA111i1161g ~ ~ ............. Clldlr. (800) IJIO.I048111d apenlng. n.aulllltl11*1it prior to ......... of 1111--~ --PIIIDd. If c..m.r doll provide~ will nob fllljlcllon In 8CellldiiiCI ..... Sdan 2.5, Cuiii:II'IW ..... ..... .. (I)....,._- ft'am ... dalln of .. TJWIIIe TtcMt within whlcll to canclul:t .............. It CultonWa .. call n ...,.... If Cullorl.-lllbmlllaiiDCirld na11a1 flltllljecllan, ~ IIIII ,_ 1lie JWil, at b opiiDn and In a. sale dllaiCIDn, ID tlrnllna!8 the SeM:e Aglwlmlntwlliclut lllillllr ot peilllly 1D ..._ .-r. 2.1 To ....,. lila lUI or....,.. dlltoonnecllon of811Mcaa, CUitDrner mlllt IMI • dlacaluiiiCt .....-to c:.ntulyLJM via..,... at CLE~.........,ur.CiC!I!l Cu11om1r .. '*' be .lliqllhd eo aamp11tt1 a DllcDIIIIIICt _.... F01m, wlilch .. be pawlcled to CUianar by~ IJpati Cl.tllarrWa Glll'llpllllon rille DllooluiiCt Rlquaal Fonn and~ ac&lllllll• fl-. CanlulyUnk .. begin 1M ~ fill clllaaluldlll a.rvtceL P., Sec:flan 1.2(111) llaiOW, 1111 dlllcoluiiCIIon of a.Mala II IUbjact ID "*lr (30) daya -IIGIIca. DllwuiKfon Gf Servlca may *'IIIUIIn CUIIDmar being iiMIIced for and IIIIIIIOfllllll tor the,.,...,. fll-'r•rrnlndon cllllglt,. fudlier daac:rlbed In Sec:llan u biiDw. .

3. !m' TV .. 3.1 To provide 1M s.vtcea, Ceneu,unk may be MqUIMd 111 lllltal aqulpmlrt at lllellrWII Maa, wtilCh equipmlnl .. .... ~ .. property It .. ..,....., ... not be CDIIIIIIMd CJIIIIDmar ....... equlpmlnt ..... allllwlle .... by ~In wrllng. Cen111J0* ,_,.. b rfgM 1D ac:c.~~ Culllamlf'a ~for 1M purpc111e fl ........... CWI'IICWing, ...--, ot ..... 111J OIMr ICIIan In comecllon wllll ... lllinmoW1IIGIIICI lqUfpmlnt tlilt II ~ 110 ,.._ cantulyl.ll«l abllplloi• ot jlftllact CenluryiJnk'a ilghtl undarthe 8arvD ~

U CUIIIInlr ..... 1D camply 'IIIII el lnln*lil and .-q ...... regadlg tile ... Mtllot ~ of cenluiJUnk't tlqUipmlrC, and 110 .......... .._.. 1D III'QtiCt ~~equipment It .. tlnW. cu.a.r... furllllr ..... ID P1iY ~ 1111 ·~ VIIUe of any~ that II 1a11. llllllln, demllgad • a ..u1t fl CUIIDrner'a liCit or ........... ~ •......, at no c~~~rge to Cullllnw, 111r c.nturvUnlt ~ llllt doal net l*bm • epedled "--n, tl'l._ ~ dltatnill-.111 b IOie dllcntlloli. tllltCUIIIImar II dNcCiy or~,....,.. for lie equipmlltfelluM.

u . Upon ... tiiiPil1ltlan ot llm'llillllon of lila s.Mce ~ CultDmlr ... It CenturyUnk'l diMc:llon and ....... (f) bualneii~,....,Ntumany~ ...... Otghl'eCenluryi.Jnk.....-.ac:c.~~IDitleSeNicaAdd ... -.cl#orOt

v .. ion 030210 1

·-·-·····- ·-· ··----

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CenturyUnk·

._,_I._ 4.1 PriclrG dtlll for h s.vtc. II Ill fallllln the s.Mce AQ.....nt. CMrgea w11 begin tel 1CCrue upon 111e Cu1tDmer Acclpllit1:e ON. The c~wrg~s b' the SIMcla • ~ • "Mannlly Rlcurrtng ~or~ a.ga • ~ .. fmlalce Culllarnet mGIIIIdy f'or Alc:urrlng ~. - ~ wll IINoiDI CuiiDnw tar ~ Chlllll • 1My • ~. Cualomlr'a lht 1nwo1c1t may n:ua. PRH*d a.v-. P•a•doMI pricing .,.. 11nn1, or oa.r pricing •••••••• CDIIIIInld In .. 8IMce ~ wll _.. In ICCORIIIa wlh U.lillml ipplclblt taiiiCh PIIIIII'ICICIIM or UiiilliiM, wllliout1'lllthlr nallclllo C&lllanw. Upon ltle ...-..on ~MY auc:h pramallall or COIIiillil•llo pn:. rnay be iiMieCf In _.a will\ Cenlu.,untc'a lflen.cUNnt -..rd pdc:lng. CUSTOMER AGREES TO PAY ntE TOTAL AMOUNT 0# !ACH INVOICE, SO TW\TCSNT\IRYUNK RECENES SUCH PA'RENT~ TMIRlY {30) MYS OF 11£ INVOICE MTE.

4.2 AI payrnM~~~nutbe In u.s. clalllrl. If Cullomer doel not Plf.U cr.._...,_ dUe unc11r the s.w. ,.,....,.... or If MY MIOUIIt due undlr the s.mc:. ~ 1118C1Md by Cer1UyO* In fundi not mm.dllllly IMilllllte to ~on or Wcnltle...,.,...duedatl. •...,. ~-wll be -.don thelllll*d 11noun11 unllplld •a. ....,.~(a) one Wid ona-1111 Plfl:lllt (1 H "J per monlh on b unplldlmOUIIIS, or (II) .. mllllhlln,. ...._.by law. Customer II IlliG lllfiOIIIIble for .. aa. ---.... tncan.clln Ollllelinlll unpeJd III'IOUIIII, ...... Cllllnllt Oldn:l bJ the cowt In .., edloft lo collllct 111011 unpllid lmOUiiiL ~,_,.lie ilgllt lo -I r.IIH' any chick MIIUri* t'or lniUIIIcllnt funda, whlctltlellllllt be equal to the._..~ (1) $30.00 or (b) .. l'fllldmum Jat.llllowld by llw.

4.J To...,.. llleamount or~ ollnJ lnvok:8, Cultamer,.. illdy ~In wrllng no llllrtMn till dUe dill fJIIIeiiWOict ................ cllll1leL ~ .. ---.... far..., ct.lgM thllt .. not dilpulld In ........ by lie clue dllt ~tllllht Invoice canlllnlng 1he dllputad ella~~& Natwii'*IIIIIIIO 111J PRNfllort till the canlrwy ,_..., conllllrlld, no ...,..._ • undlr 1he SIIVICI AQMnlnt - .,....._ dllputld or unclillll*ld - II Mjlcl to wllhtloldlng, Nductlon. IIMf or .......... fJI., ....... by~. 4A The pricing llm'lllllrvrth In the 8efvfoe AQ.....,. do nat Include 11ppllclble fellln~ ... .,.. locll- or "'UU*fY .... IIIIIMi-.llld •R:IIIriD (collc:tivtlfy, .,._ lftd ,_,, _. t1111e T- _.Flea 1,. .._tel c:t.lge lllllllout iiGIIcll during llle Twm ~~~~ Servlcl ........ lt Cullomwll ...,.,.._ forllle payment rJIII.tueh T- Wid Flea. Cultomw II 8llo IIIPOIIIIblil far .ny ~ fnlm lhiRI Plldll lhlt llfle When CultorMr - cu.omen phone llumber D I bllng m~ehlullm fGr ~ ...W. (luc:ll aiiOO or aa.r lnfDrmlllon ct.v-J. Should CUitamlr ....,......, 1lllidillltY ..,.._, Cullamlr ........ ~may ........ Cuslamel'l ..... blllng lnt'omllllon dlredly tel thlt1lml ~ 10 .... Clift bll Cultamwdlledlyfarlloee ......

I.Iwm ... T .....

1.1 1111 8ervlcl ...,_. .,.._ on 1he ar.c:av. 0... llld w11 continue In 11111ct for 1t1e SeNiol Period IIPICIIIId In ._ Servlel...,..ll ("'nnllaa Tenll"). unllll...., ...,..., .... In ecGORIInce w11t1 ltie pnwlllol• olflll 8eciiOn I. N. lie end ~ ._ 11111111 Term. .. 8eMI:Ie ~ wlll..,..llllanatlcllly for .tdllionll ~~one,_, (eecll, I "'RRnl lei T.,., unll.._. PlllY .,_ wrlllft nallcl till""'*- tile 8eMce ~not 1111 thin ft*ty (30) .. belbNt ltle Md ~tile lnllel Ttnn or lilY Renew~~ T-. 1111 a.! Ttnnllld any,_..... Ttrm(t) may be r.l'elnld till~ alhl "Ttml."

U T1le Service ........ ...., be .......... by ..,_ perty (I) If .. other lllllY dellulll on MY matlrlll allllgllioft or blwect.-., nt*tel...-dllloll. ~or cownent In ltie &eMce ~ .,..IUch del'ault or.._.., I Cll'llble. II not caRd wtit tMty (30) _,. ~ iwc:elpt atWIIIIn notlolflan the IICIIMWdlng pelty. (I) t1n (10) -,. .,. prov1c1ng Wlllllrl noace r tlllalllt Pllfr ~ 1n101vent. or walll'lt.liy or kMIUntaly ~. llwoMncy or llfmlllr ptCICMCingl .. lnllllutld ...-the allllr pe1ty; (II) wllllout llllllly, r ~ II proiiiiiMI by Appllceble LIWI fnlm ~bing ltie 8ervlcll; anctlor ttl) ."*" (30) _,. wrllfln llotiCe IUIIjlc:t tD IMIIIIIIIIOn ......_a delc:l1bed In SICIIon 1.5 betiW.

U ~ lit b option end In II lola dllcnlloll. may terminlllllle s.Mcl ~ (I) wllh notice to Cultomerff CuRimlr 11111 ....,.In the..,.,..... af 11ft)' .mount. clilpueMf or~ w111c11 1e dUe ,......_for- tt.n fartr.lve (.tl) _,. 111111r .. kMIII:It-. or Ita tt1en ~ (.tl) c~eya lllllr 1t1e Invoice c111e wflen,ln 1t1e Jucllpftent ~ ~ Cullomer IIdia a. tMicllllllllly 11o perform under the SeMce ~end/or (II) ~rnrr~ecM~~y, and .-.aut fUI1tllr nottoelio Cullamlr, r CenlulyUnk ~ ..-mtn.1hll CuiiDmlr II milullng or libullng till Cenluryl.lnk'l 8eMcll or equipment, or II Ullnll IUCII SIMoa or ~far 111 unt.M PlllliOM:

Version 030210 2

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U. NCICidlltalldln; .. fiiNgolng *llflor .ny pravll6an to the CIIIIIIWy l'l8l8ln Clllilliited, Culeamw 1111111 pay .. IIIPiclble ce.gea far SeMc:e~ furrlllhed up to a.~-.~ IUCh fllmlln.aon 1n tt~e,-nt ~ .. wmlnltion or .. SeMel,._.,... fDr 1r1J NIIOII.

U. If~...,...... ttw 8ervtoe ~nt far ca ... (Le., ~to s.caon. Uti) or U lbove) or CullarMr tllmll.._ 1t1a ..,_ Agl .... t wllhout ..,. (I.e., for 1r1J .-an at. thin ...,..... to 8ec:lons 1.2(1), (IIJ or (II) lllloVe). CUIIIInW IIIII pay ..ty tlmllllllllon chllga If •nllliiltkin II prior to tile CuiiDnw ~ Dill OUt dlr ..ulan or the SIIVICI.,_,..., ._ ..,.nfllllllon ~ 11111 be thole.........,. ..,...lncuiNd bJ c.nrur,Llnk ,._ 111e .._or llmdlllllcliL f llmliiiiiOII ilaftlr1tla Cullaftw Acclplance Dill, CUitamer wl J11Y 8ft eerlr fllmllllllllon dwge .......... to .. Monlhly Rauning a.g.ltllld In ... s.vrc. ..._ mulllpllld by lhell&l'lllllr cf 11t0111M rwnalnlng In ... lflln.CIIIIM T.m. ~ lllo...,.. .. right to lncUie. In tllelllnnlillllon charge-. .. 11*1 cto11r va. cf .ny PftiiiiOIIDn or..,.._ Qllrlllld to Cultomlr. Should CUIIa'nlr .......... any poctlon ofttllt ....,.._ tn 111e SeMce .-nen~o CenturyL.Inll wl-an - lllnnlllllllon c:hllge tlqlllnllft to .. ~ Recurlng Clllilglllor .. flln'lllnllld 8ervlol(l) mullfplld by .. IIUI'IIber of .............. In .. a..cun.nt Tenn. ·Cullamlr IICiciiCI ...... - ... lilt~-.... would boll dlllculto _... 1n 1111 IMflt or • llrmfnllfon. anc1 1111 the fanlgalng g~y -..iiltkin c~wrg~~~~ ~ llqulclllld -...... • OFPOMd to II pillllllly.

7. Wwi+ U ' 7z 9 5 '* gfWM•w• Cenlllry LIM,..,.._. llld .,...that II....,_ ll•llrn..d and lnltdllcl, IIIII ltllt ~ opel-- piCICidlnl 118 dllllgnlld n flllplllmiiMid, to JNQIIIde CIIIIIIIIUIIIcllll'4tela In IICCCiftllllce llllfl .,.....,. lndullly uldlllda for.._ ..W., ..S 1Mt c.ntufyLint IIIII LMidlrtlll.e COiillllnlillly ...a~llllle .... 10 pnMda .. 8rllcla henlundlr In conlolmlncllwlhiUCh ...,.... EXCEPT NS IS cmERWIIE EXPRESSI.Y PROWlED IN TtiS 8ECTION 7, CENTURYUNK IS PRCMDING 11£ SEIMCES AND EQUIFIIENT TO CU8TOMER ON AN -AS Jr MilS wmtoUt' AH'f WARRANTY, EXPRESS OR IMPLED. CENTURYIJNI( DI8Cl.MIB ALL IIFLED WARRANTIES, INCLUDING WARRANTES OF IERCHANTAIIUTY AND FITNESS FOR A PARnCULAR PURPOSE. AND NfY WARRANTY FACM \JIMGE OF lMDE. COURSE OF DEAIJNG. OR COURSE OF PERFOAMMCi. AMONG OTtERS. CU8TDMER IS SOLELY RE8PCN8&.E TO SELECT, USE AND DI!1'ERIINE TfE SUITABILITY OF SERVICES, AND CEN11JRVUNK WLL HAVE NO UA8ILlTY FOR THAT 8ELECTlON. USE OR SUITMIJTV. CEN11JRVUNK DOES NOTWARRANT'IMATTHE 8ERV1CES WILL IE UNlNTERRUP1&D OR I5RRIQR.FREE. CENTURYUNK DOES NOT REPRESENT lliAT THE IER\IlCES WILL NEEI' CUI10MER'S AEQUREMENT8 OR PREVENT UNAl1rHCAIZED ACCESS TO CU810MER'S CCMPU1ERS, NE1WORK. SERVERS AND OTHER EQUIPMENT OR TO NfY DATA. JNFof!W.TJON OR FILES ON Nl'f OF ntEM.

I. 1.1! X p tl 55 'PY• IN NO EVENT SHAll CEN1\IRYUNK BE LIABLE FOR AI« INDNCT, SPECW., INCIDENTAL. COII8EQUEN'fW. OR PUNilNE IWI"GES (INCLUDING, WI1HOliT LIMITATION, IWMGES FOR LOSS OF N!VENUE. LOIS OF PROFITS, OR LOSS OF a.JENrS OR GOODWIU.), ARISING .. NfY MANNER FROM THE 8I!IMCE AGREBENT ANDICIR TtE PERFC::INMNCE OR NCINPERFORMMCE HEAEUNDER. REGMDI.ESS OF THE CAUSE OF ACTION AND REGARDLESS OF WHETHER CEN1URYllNK JoN BEEN AD1118ED OF THE POSSBUTY OF SUCH EWMGES. IN NO EVENT stWJ. CEN1\Im.INK 8E LIABLE FOR MY DIAECTORY LISTING ERROR. FGr P11iPGM11 of 111111 8IICIIon 1.2. 'DIUDICIJ Lllllnel!mN" 11111..-n any (I).,...,._ or lrac:arNCt pt ...... llllng or ....... It of af!l portlan ~II clh*ry llllng (lnc:blng, wllt!aut JlmiiiiiDn, tllilllpllone ..-.. !IMIII, lddNia, lloQin llld !ago); .., (II) omllllllan of, or flllln to Ill or pullllh, 11Tr porion cf a dncloly llllng. IN /tHY EVENT, AND WITHOUT U1111NG 1HE FOREGOING, 'THE AMCUIT OF CEN1'URYLINK'S LNIJTY, IF Nrf, FOR DAWoGES ARISING OUT OF ERRORS, OMI880NS, INTEARUPTION8 OR DEFECTS II THE 8EIMCES OR ECUPMENT HEAEIN DESCRIBED StW.L IN NO EWNT EXCEED AN AMOUNT EQUIVALENT TO THE PROPOR110NATE CHARGE TO CUSTCIIER FOR 'THE AFFECTED 8ERVICES OR EQUFMENT FOR 'M! P!RIClO DURING WHICH 1'HE ERROR, OMISSION, lN1EIR.FT10N OR DEFECT OCCURRED •

.. ., ........ Cullomlr ehd lne!lmnly, dlflnd, llld llald '*""- CenluryUik. ........... .ulllldllrla and--. llld tbl fMgolng ......,.. ,....... ofbra. c111wc:to1w. ...... hlb, •ICCIIIICII!I and ...,._ ~clllllctMI1. the ............... ....,.,tom and 11a1n1t II Dlalntl. IICillonl,......, lallll,......, CGIIII. n...,..... to e._...__, by or lll'tMig out or (I) ~ Wlllllon or "*''~~~'~' .... or 111e Jnllllclual property r1g1111 (lndudlng, wllliDut 11m1t1110n. ,......, CiiDPJI'W*. hdllmallcS, lllld tradll ...-.) of 8ffJ third ~ (II) CUitomllr'11 brlectl or *'-~Jan of fff1 Applll:lllll '-- Ill COIIIIC:lllon wllh .. pwbiill!rlCII or non-pe~bln•a of b DllllpiiiDnl under the Strvlcll...-4: ...stw (I) the fllllllglnce. Qrllll ~-or .,. or INIIIIDIIII mllcanduct ~ CUIIamllt (lndudlng, w1111aut llmlallon, b ~ ~ llgellll, llld ,.,....,..._)Ill the~ or~ db~ under tile Senllcl Aa,..•ot (ellctl ~ ... fDNgoiftg In aullleGtb• (I) thftlugtl (II). 11 "CCIIIm" and CCIIIIclvlltt. ~. ~ lndllliwilllld Plfl1• .,. Pftlllllllwr81n nollcl of any Clllm liD CUIIamllr (bullli .., .-11 blltn .. ,. of CUIIamlr .,.11111111111 pnjudlold), .. ..........,., COCIIIII* will CUitamlr In tllldllnll diUCh CIUn lit~ ....... and wlllllndllr ....... and ......... diUCtl CIUn to Cullanllr; pn:Mded, '-· thlt CUIIDmw wll not .- Into any lllaiiiMIIl tlllll ~ any non-lndlmnlflld calla upon ~ or lhlt cllllwllle .._ CenfurJLJnk'a ._ wllhcU oblalnlng caroturyi.Jnk'a piiCII' wr111n ~ which can.nt lfilll not lie ..-bey COIIdllloned, diiiJid or wllhhllld. c.atulyU1k may pel1lclplillln tt. dllllae will CXIIIIIMI of Ia choice lit b own ....... 10. PMw X ' • In the ftMt flll'l'orinllra af thll SeMce AgiMmllnt. or rt'l oillpaon lleiWUndlr (eliCiudlnl ~ .......... , lllllllllr diNc:IJr or lndiNclly ~. Nlltrlcllld, or inllltlnd wllh by ....an of Ire. eploelon, load, __... or .. ac11 d God; ...; 1111or cllllcullllll, Jnc:tudlrV wilhout lmbllan, 1t111111s. ~ or UNMIIIIbllllr d equlpmllnC tam wndar. or myOIIIrellamiiiiiiOee ~1M .... Q ... OOI\tnJI filtlle perty ............ Jlllltr.,...., upaft ping pftlftlpt- notice tD \1111 Clllllr pM,y, lhllll be IIII:UIIId ftall'l IUdl J)lllfllmlllnca Dft II dlly-IDodey belli to the Mint til IUCII P1'811 .. 11an. .-.ciiOft. or • .,... .. (lind 1111 Glhw pl!ltyllllllllkNIIIe be 8IICUMd flam parfDimllnae fit b ~on 11 dolly 111 dey._. unllttli cWIIy, .-tc:~an or fnlllrrentnce h8ll ~; pnMded, howfter, 1t11t lila PldY 80 ....._, 1111111 ... cllgllnt .ra.ta to IMIId or IWIIOIIIe IUCtt .._ dnanperfaanllnce, n battlllllltlle 111111 pnaec~ ...... suc:h ...-. n .-.nCIIIIICI or...-.

VenioD 030210 3

~,rfa ~· .... ~ .~.

CenturyLink· 11. 7

::,,,

11.1 n. ,...,._,.. .. lftiY only be......, by a Millan doellnanlllgMd by an aulhofllad ,.....,..._ fl CUitllmar anc1 an allltlolflld,......... fl~ 'T1118eMca ~ conlllnlttle ,_... an1n ......,.nt n......,.. any Jlfl«....,..,. or ulldMtalldlnp,......., Wlltan or oral.

1U \Whoul ~ pdor wrlllan GDnaarlt (Which wll not Ill ~IIIIUallly wltlhald or claii)W}, CUIIarner may liCit a.llln. cllllglla ar IUbcOrDc:l the lervlca.....,.., or any of CUieamel'l flgldl or Olbllgallol• Mraundat.

11.1 Atrt party tD tha 8ervlca AQMenwt d be CllllllldMd tD haft gMin up or Wllllllld II tlghllf • Nqunllrlct ............ ..., campllallllla by tile alher perty only whllll halllgned a wrlllln agltlllllllt ar eclcllowladglmiiWitlll....,.lllat 11r1ct perlalmala llld COli•• In any lnllance. 1t1rt....., wa1wr In any ona tnttanca w11 nat apply tv any alher or 11e1r non-padblmlnaa or noncompllanclt by ... oCIIIr JIIIIY.

1U IT a ..oln'MT 'IHAT YOU READ TH• aecTION CAREFULLY. IT PROJIDES FCR AUCIWTION OF DISPUTES (\\ttE'notER WED IN CONTRACT, TORT, STATUTE. FRAUD, M181lEPAISBn'Al10N OR MY cmER LECW. Oft ECUTAILE THEORY), ntt0UGH fllfW. MIJ IINDING AAIITRATION BEFORE A SINGLE NEUTM. ARa'TMTCR INITIAD OF IN A CCIURT BY A JUDGI OR JURY OR THROUGH A CLA8I ACTION. ALL OTHER DIIPl1I'E8 ARI8INII OUT Ofl THE 8IRVICe AGREEMENT (OTHIR THAN ACTION8 !'OR ltE COLLICTION Ofl DEBTS CUSTOMER OWlS CENTURYLINK), INCI..UDING ANY DI8PU1'E BAlED ON Alf'l SERVICE OR AD\IMII8ING Ofl ltE SERVICE MLATED TtERE'IO,ItiALL BE RESOLVED BY FINALNID BINDING ARBITRATION. \4.HCH SHALL IE GOVERNED rtY THE FEDI!RAL ARIITRATICN N:r, I U.S.C. 11-111. ltiiY QUESTION RSMRDING wtEnER A PAR11CU.AR COH1'RCMiRSY IS SWJECT lO ARBitRATION, OR THE PROCEDURES INVOLVED THEREIN, stW.L. BE DECIDED IV nE MBITRATOR. CUSTCMER HAS nE RIGHT TO IE REPRESEN11!D 8V COUNSeL IN THE ARBnMTION. THE ARBITRATOR 8tW.L BE IOIJINO IV AND 8TRIC1lY ENFORCE 1tE 1"ERM8 OF 11E SERVICE AGAEEIENT AND IMY NOT LIMIT, EXPAND OR OT11IRWI8E IIODIFV THE 'TERMS OF nE 8EfMCE. AGREEIENT IN CONDUC11NG TIE ARBITRA'TlON MD IMICING Nf't NNNIIJ. TtE AMITRATICN IMLL IE IA8ED SClAY ON THE WRITTEN ....... OP THI PNmD AND 11E DOCUMENTS IUIMmiD RELA11NG TO THE DISPUTE, UNLE88 EITHER PARTY AEQUE8T81HATTHE ARIITRATION BE COtCIUC'1'ED UlNa THE MERICAN ARIITRAT10N AISOCIATION'I ("AM") TELEPHONIC, ONoiJtiE. OR INPERION PROCBIURII, FCift WitCH ADDt1'IOtW.. CH.'WJII MAY lflf1f..Y. ANY JN.PERSON MIITRATION UNDER 1HE AM's CCMERCIAL RULES WI.L BE OONDUCTED IN OlMCHTA PARISH, LOUISIANA. AABITRATIONI utCIIR THE IEIMCE MAEEIEN1' 8tWJ. IE KEPT CONFIDENl'IAL lO 'ME EXTENT PEAMilTED IV LAW. THE ARBITRATION OF ltiiY DISPUTE UNDER THE 8EfMCE AGREEMENT StWJ. BE CONDUCTED IN ACCOfiDMCE WITH ltE OCWERCW.. ARBITRATION RUt.E8 AND FEE SCHEDULE OF TIE AltA AS MODFIED BY THE SERVICE AGREEMENT. THE APPUCA8I.E AltA RUU!8 SIW.L IE 1HOSE COII•IERCW. ARBITRATION RULES WHICH 00\IERN nfE AMOUNT MD TYPE OF DISPUTE INVOLVED AND wtiCH ARE IN EFFECT ON 1HE ~TE A DISPUTE IS 8t8oiTt'ED TO THE AltA. DI8PUT&8 UNDER 11tE 8EfMCE AGREEMENT MAY NOT IE JOINED WITH ANOTHER PROCEEDING, INCLUDING ltiiY INDMDIJAl. OR CLASS LAWIUIT. THE ARBrTRATDR IMY NOT AWAAJJ, AHD CUSTOMER AND CENTURYLINC WAM!. AH'i CLAIMS FOR AWARDS FOR PUNITIVE OR CON8EQUENTIAL DNMGES OR ATTORNEYS' FEES OR MY IWWil!8 'T*T ARE IMftED BY' THE SERW:E AGAEEIENT. MY CLAIM OR DISPUTE ARISING OU1' OF OR RELA'TNl TO THE SSMCEAQREIMENT MUST IEIAOUGHT WI'THtf SUCH TIME PERIOD M IMY BE PAESCR!BED IN THE SERVICE NaREEM!NT OR 8V RII!LEVANT STATU.TE. BEFORE EITHER PNfrY TAICEI A DIIPUTE TO ARBITRATION, 8UCH PNfrY MUST PIR8T ATTEMP'I' TO RaOL\11 TH! DaiUTI rtf CONTACTING THE OTHER PNnY. TO DO THIS, CU81'CMER SHOULD WAll& TO CEN'T\JfMJNI( AT THE ADDRESS lET FORTH IN 8ECTION t1.7. IF THE PARI'EI ARE NOT ABLE TO SATIIFACTORILY RESOLVE 1HE DISPUTE wm.. SIXTY (10) CALENDoVt DAYS FROM THE DAlE OF THE INI11AL NOTIFICATICN OF THE DI8PUTE, EmER PARTY IMY CONTACT TIE AltA TO REQUEST ARIITRATJON. THE AM'S FILING FEE AND ACMNS'TRATIVE EXPENSES FOR A DOCUMENT ARIII'JRATION WU BE AU.OCATED ACCORDING TO 1ME RULES OF ntE AM. EACH PARTY WILL PAY ITS OWN EXPENSES TO PMTICIPATE IN THE ARBITRATION, INCLUDING AncRNEYS' FEES AND EXPENSES REI.A1ED TO THE PRESENTATlON OF EVIDENCE, WITNEBSE8, Aim DOCUMENT PRCIDUC110N.. F Nrf PRCM8ION OF ntiS DISPUTE RESOW110N SECTION JS J:JE'FENMED TO BE UNENFORCEA8LE. THEN THE REMMileR 8tWJ.. BE GIVEN FULl FORCE AND EFFECT.

11.1 ThlleMGa ... lent and .. petfolmanaa and .. clilpiMa bltwaln ... parllaa of .ny ,...,.. wlllllloeVer ..... out fl Gl' In 0111lliWIIIII Will ~t~elub)act ......, fiiNiof a1111 be gcMIIMd ., the ~~ow~ ct.,. .... r~ Loulllolna, .......,_ r1 .. choice or 1aw pnMIIanl. n. Unlld ...... COIMniiOn Oft Connell for ... lnlamlllonll ..... cf Goodl ahal nat apply to the .... .-.-. Alfldllpuee 8llllng out of or Nllllllg to lle SeMoa ~ ruy be OCN..,..IGid In a .- or flclaral OCIUit In Ollachlbl Parllh, Loullllna. ancleec:fll*t)' ~ .u11m11a to 1t1e jurlldlctlan and..,. of IUCih oourts.

11.1 If any~ In tile 8IMca ~ 11a hald to be lllpl. iMIIId or unerlfalwlbll. ttle pnNIIIan will be enron:.ct to tt1e .............. pennllalbllto • to alfllc:t the lnc.nt of the ...... tnd tlla Nl'llalning pnMIIol• d ... SeMce ~ .. ...allnln t'ultaallld tlllct. 11.7 AI..._ UIICiar tt1e SaMail Aglwmlnt I11Uit be In writing .nc1 diiMnld by a natlarlaly MOgnlacl CMmlght cour11t terVICie orbf CMtllld Unllcl- MIII(NIIum ...._ ~· Alnalbls fD Cen1u1JUnk .. to be .-to ttlel'ollowlng ..._or eo -rolllr ...... of'Witit~ maynaiiiJCUitarnerpuiiUMttotHI Secllon 11.7: c.rtluryl'ei.Acqlllllllan LLC, Ml: lAgal ~ 100 ~Drive.. Monroe, l..dUIIIana 71203.

V.-.ion 030210 4

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STEPHANIE A THEEL Director of Court Technology

MEMO

KANSAS DISTRICT COURT Shawnee County Courthouse

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

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

To:

From:

Cathy Leonhart, Court Administrator

Stephanie Theel, Director ~ Department of Court Techno~

Date: June 16, 2015

Re: Renewal Contract

Re: Backup Software Annual Maintenance

APRIL EASTON DBA!RHEL System Admin

Please present the attached proposal to the Board of County Commissioners for their consent and approval to purchase the annual maintenance for the Court's backup software in the amount of $5,933.36. This maintenance is to provide the Court with the necessary support and licensing required to continue the backup(s) of the Court's network servers.

With the approval of the Board of County Commissioners, this contract will run from July 17, 2015 to July 16, 2016 and will be billed as a onetime fee. Monies have been budgeted for the contract in the 2015 budget.

Thank you for your consideration in this matter.

~ Approved:~~ Cathy Leonliart, Court Administrator

SMA WNE.E C.OUi" lJ

OOf(TRACl f#C:J 't~ d.o 1!'

o· ·eagle

Prepared For Quote lnforrnat!on

Name: Rex Easton Quote#: 108356 Company: Third Judicial District Court of Kansas Created: 05/26/2015 Address: Suite 305 200 SE 7th Expires: 07/16/2015

Topeka, KS 66603 Rep: Candi Chard Phone: Email: candic@eagleinc. com Email: reaston@shawneecourt. org Phone: 800-4 77-5432

Renewal Agreement Item Pnce Oty Ext Pnce ~--- . ---· .. ------ -~-- ---- . -- --- --- - --- ~ 7x:24x:365 Support & Maintenance Subscription

... -$4,983.36 1 $4,983.36

Term of Coverage 7.17.2015-7.16.2016

Licensed Product $0.00 1 $0.00

1 DDO $0.00 1 $0.00

Remote Monitoring Serves $950.00 1 $950.00

Renewal Agreement Subtotal $5,933.36

Total $5,933.36

Terms and Conditions: Pricing is valid for 30 days from the date of the quotation. Taxes will be added in accordance with state law. Shipping and Handling charges (FOB shipping point), freight charges, shipping insurance and administration fees may apply. Payment Terms are Net 30. Pricing and availability are subject to change without notice. Purchaser acknowledges that, despite the best efforts and reasonable precautions of EAGLE Software Inc., products or services may be listed at an incorrect price or with incorrect information due to a typographical error or oversight In such circumstances, EAGLE Software Inc. reserves the right, prior to delivery, to cancel the transaction even though Purchaser acceptance may have been confirmed. All products are non-returnable unless otherwise provided by the

Quote #1 08356 v1

Prepared for Third Judicial District Court of Kansas

Page 1 of2

05/26/2015

0 eagle

Manufacturer's Return Policy. Purchaser also agrees that this transaction will be governed by the Manufacturer's Terms and Conditions of Sale if any.

To accept this quote, please sign and return to:

Fax: (785) 823-6185 Email: [email protected]

Signature

Quote.#108356 v1

Prepared for Third Judicial District Court of Kansas

Date

Page 2 of2

,05/26/2015

Date:

To:

From:

Re:

Shawnee County Department of Public Works

1515 N.W. SALINE STREET• SUITE 200 •TOPEKA, KANSAS 66618-2867 785-233-7702 FAX 785-291-4920

MEMORANDUM

June 22, 2015


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

COUNTY ENGINEER

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

AGREEMENT- Shawnee County RWD No. 8 SE Tecumseh Road over Stinson Creek I OSN 290 Project No. S-121034.00

Presented for your consideration and approval is an Agreement with Shawnee County Rural Water District No.8 for the relocation of their facilities determined to be in conflict with the above referenced project.

Shawnee County is responsible for costs associated with the relocation of Shawnee County Rural Water District# 8 facilities since this waterline is located in private easement owned by Shawnee County RWD #8.

Shawnee County Rural Water District No. 8 will relocate existing facilities within this project area consisting of an existing 8" diameter waterline for a not to exceed fee amount of $19,308.30.

Funding Source: 100% Countywide Yz cent Sales Tax

It is the recommendation of the Public Works Department that this agreement is approved and executed.

attachment

Shawnee County

Project No. S-121034.00

SHAWNEE COUNTY

CONTRACT#~~,~o16

AN AGREEMENT relative to performing certain work and/or the occupancy of the County's

Highway Right-of-Way by the facilities: of a utility

THIS AGREEMENT, made and entered into by and between Shawnee County Rural Water

District No. 8, hereinafter referred to as the Company, and the Board of County Commissioners,

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

WHEREAS, the County proposes to replace the bridge over Stinson Creek on SE Tecumseh Road, Shawnee County Project No. S-121034-01 I Br. No. OSN 290.

WHEREAS, the County and the Company enter shall enter into an agreement relative to occupancy of County Highway right-of-way or the vacating of additional right-of-way to be acquired by the County for the construction of this project; and

WHEREAS, Kansas Statutes, K.S.A. 17-1901 and Case Law provide that certain facilities may occupy space on the County's right-of-way.

WHERAS, the Company has an existing waterline easement adjacent to the east side of SE Tecumseh Road wherein a waterline is located, and

WHEREAS, the County has acquired additional permanent public right-of-way easement for the replacement of theSE Tecumseh Road Bridge over Stinson Creek which overlaps a section of the Company's existing waterline easement requiring the relocation of the Company's existing facilities.

NOW THEREFORE, BE IT AGREED:

1. That the Company will maintain, adjust or construct its facilities which are to occupy highway right-of-way and private waterline easements as shown by plans for the above numbered project in conformance with the following provisions and/or as shown by the plan and description attached hereto and made a part of this agreement.

2. That the company will relocate existing facilities within this project area consisting of an existing (i" diameter waterline for a· not to exceed fee ~ount of $ l cr. 3 c. )f. 3 '; and upon completion of the relocation the County shall pay the Company the fee of$ I '1 3 t~ '6· ,3c;-

3. That the construction or alterations of the Company's facilities, if any, shall be completed within 3V days after the County furnishes to the Company a fully executed copy of this agreement.

4. That if the cost of these alterations within this project area exceeds the not to exceed fee amount, the company will bear the additional cost.

5. That the Company will repair any damage to the County's right-of-way by the Company or its contractor.

6. That the Company will maintain its facilities in a manner which will not endanger the vehicular traffic on the highway.

7. That, in the event future highway improvements necessitate the removal or adjustment of said facilities now located on highway right-of-way and/or ~uch facilities relocated on newly acquired right-of-way for the construction of this Project, the Company will, upon request of the County, make such adjustments as required to accommodate any future highway improvement at no cost to the County. This provision wiH not apply to locations where the facilities are presently located on private easement which is included in any additional rightof-way acquired for this project and on which no alterations in the facilities are presently required. The County agrees to pay for any damage caused by the actions of the County or its Contractor to the Company's facilities in such private easements, and further agrees to pay

the reasonable cost of any future adjustment or relocation of facilities in such private easement requested by the County.

IN WITNESS WHEREOF the parties hereto have duly executed this agreement, in triplicate, on

this __ day of ______ , 2015

RECOMMENDED BY:

~ ,_..._ r-Director of Pu li ounty Engineer

ATTEST:

County Clerk

APPROVED AS TO LEGALITY AND FORM:

County Counselor


Chairman

COMPANY

Company (Company or Firm Name)

Title: _Cr_~_e_VI_:_f!_•' cr_l____,}'----1_,,_, i-1_<?'--'lc.;::fi:_/ __

June 19, 2015

TO:

FROM:

SUBJECT:

DISCUSSION:

Shawnee County

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


785-251-6101 FAX 785-251-4920


COUNTY ENGINEER

Thomas C. Vlach, Director of Public Works~ ROAD OIL-QUOTE #022-15- PRIOR APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS-JANUARY 12, 2015.

Bids were advertised and solicited for the purchase of365,000 gallons ofRS-1HM road oil. The following bids were received.

COMPANY

VANCE BROTHERS, INC.

ERGON ASPHALT

TOTAL BID PRICE

$700,800.00

$740,950.00

Shawnee County residents will benefit by the approval of this request in that the SCDPW will be able to perform significant preventative road maintenance work on approximately 50 miles of its roadway system. The provision of preventative maintenance has proven historically to reduce the long-term maintenance costs of roadway systems, as compared to deferring maintenance until such a time that much more costly maintenance work is required. Providing timely preventative maintenance results in a safer roadway for motorists and minimizes the tax support ultimately needed for adequate roadway maintenance.

The financial impact of this request is $700,800 less approximately $165,000 which will be reimbursed by Monmouth Township for chip sealing services conducted on its behalf.

RECOMMENDATION:

Award the bid to Vance Brothers, Inc., the lowest responsive bidder meeting the minimum specifications.

Funding for this material will be from a combination of the following funds as required:

• 2015 Public Works Road Maintenance Fund (Account No. 10PW126) • Monmouth Township's Roadway Fund

TABULATION OF BIOS ::·\;,

DEPARTMENT Public Works QUOTATION NUMBER 022-15 Date 6/19115

PEOPLE PRESENT Cassy Duer & Lorna McPhail LJYI NAMES OF Total Bid Price Delivery Date Freight Charges BIDDERS Erg on Asphalt &

$71-oJ 95o. J:{j

vlff,. a/.kv ?Yr.r/,y -/411' 1tJ:::;;r ?z #~<"J Emulsions, Inc Vance Brothers '7cA?, t«J. #f) .~>~ M r:/. • a7-l"per !j4!&..-J

' ~'?J 'I'" C? _;..,.-a "'"' I

Bidding Item

RS-lHM

QUOTATIONNO. 022-15

DATE MAILED 06-10-15

CLOSING 2:00P.M. 06-19-15

SCHEDULE OF PRICES Quotation # 022-15

Estimated Quantity Total

365,000 gallons $ 1.92/gallon

TOTAL BID PRICE Seven Hundred Thousand Eight Hundred DOLLARS

Best and Firm Delivery Date: -"""24:LA.IH""o""'u"""rs'-"A....,R...,O..__ ____________ _

Freight Charges (Already included in Bid Prices Stated above):$ ~0.~07t..___ _ ___;/gallon (For informational purposes)

Vance Brothers, Inc COMPANY or FIRM NAME

PLEASE COMPLETE THE FOLLOWING:

Pricing is available to Townships within Shawnee County (Refusal will not be a determining factor in award of this contract)

,---::: Robert A. Vance

Yes No_x_

PLEASE SUBMIT THIS AS THE FIRST PAGE OF YOUR BID

PAGE6 ·

Bidding Item

RS-lHM

QUOTATION NO.

DATE MAILED

022-15

06-10-15

CLOSING 2:00P.M. 06-19-15

SCHEDULE O~~RICES, (. Quotation# U 2.:2._ -( .:J ·

Estimated Quantity

365,000 gallons

Total

TOTAL BID PRICE I A () I . A ~ ('J ... /' · Sel/t'.!A 'tu~ =tn riJ --/{o..s<~ tJtN. /1l-<tt;!'(.r<J( ttt-6 DOLLARS

BestandFirmDeliveryDate: fro~e:.f ~-,{( be_ S~~fpeJ. a/ hoc.c[J q{-tru ()tfk.

Freight Charges (Already included in Bid Prices Stated above):$ • /;L . /gallon.(For informational purposes)

PLEASE COMPLETE THE FOLLOWING:

Pricing is available to Townships within Shawnee County (Refusal will not be a determining factor in award of this contract)

Yes Not-

PLEASE SUBMIT TIDS AS THE FIRST PAGE OF YOUR BID

PAGE6

Date:

To:

From:

Re:

Shawnee County


785-251-6101 FAX 785-251-4920


COUNTY ENGINEER

MEMORANDUM

June 19, 2015


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

Request to Fill Vacant Road Maintenance Staff Positions

The Shawnee County Department of Public Works (SCDPW) requests authorization to fill two Road Maintenance positions, and any subsequent openings that may result upon the filling of this position.

One position will be vacant as of June 29, 2015 upon the voluntary resignation of an employee to pursue a career in law enforcement. The other position became vacant upon the apparent abandonment of the position while this person was still in probationary status. As a result of the vacancies, SCDPW's road crews will be understaffed.

Shawnee County residents will benefit by the approval of this request in that the SCDPW will be better suited to provide timely road maintenance and snow removal services. The provision of timely maintenance reduces the potential need for future high-dollar roadway maintenance/reconstruction projects and enhances overall roadway safety for the traveling public.

The financial impact of this request is an annual salary, including benefits, of$38,360.57 for each position.

Funding for this position is included in the adopted 2015 Public Works Road Maintenance Budget (Account No. 10PW126 50101).

It is recommended that authorization be granted to the SCDPW to fill the vacancies.

Your consideration of this request is appreciated.

Date:

To:

From:

Re:

Shawnee County


785-251-6101 FAX 785-251-4920


COUNTY ENGINEER

MEMORANDUM

June 22, 2015


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

Request to Solicit Bids for Pavement Milling Services

The Shawnee County Department of Public Works (SCDPW) requests authorization to solicit bids for the milling of asphalt pavement surfaces for the following roadways, and as highlighted on the attached figures:

• SW 61 st Street: SW Wanamaker to SW Burlingame Road • SE 45th Street: SE Tecumseh Road to SE McMahan Court • NW 46th Street: NW Button Road to NW Rochester Road • SE Oak Benci/Monitowac Drive (Monmouth Township)

Upon completion of the milling work, SCDPW forces will overlay the roadways with asphalt pavement.

It is recommended that these roadways be milled prior to placing an asphalt overlay due to superior final product when placing asphalt. Milling the existing roadway surfaces will provide a uniform surface upon which to place the asphalt, which ultimately results in a smoother, higher-quality and longer-lasting road surface which ultimately benefits Shawnee County residents by having a more cost-effective and safer roadway system.

The estimated total costs for the milling services work is $120,000. Funding for this work will come from the Public Works Road Maintenance Contractual Services Account (Account No. 100 2813 230), with approximately $10,000 being funded from Monmouth Township's Road Maintenance Fund

It is recommended that authorization be granted to the SCDPW to solicit bids for the requested milling services.

Your consideration of this request is appreciated.

Date: June 22, 2015

To: Board of County Commissioners

From: Thomas C. Vlach, P .E. Director of Solid Waste

Shawnee County

Solid Waste Department Thomas C. Vlach, P.E., Director

1515 N. W Saline Street, Suite 150 Topeka, KS 66618-2868

MEMORANDUM

(785) 233-4774 (785) 291-6929 (FAX) solidwaste@snco. us

www.snco. us

Re: Request to Reclassify Office Assistant I Position to an Office Assistant II Position

Permission was granted to create and fill an Office Assistant II (OAII) Position that would serve the Shawnee County Solid Waste Department (SCSWD) at the May 4, 2015 BCC meeting.

This position was ultimately filled by a current Solid Waste employee who was serving in the capacity of an Office Assistant I (OAI) position but qualified for the OAII position. As a result, our staffing situation has not changed and the SCSWD is still short in administrative staff resulting in increased overtime.

Historically, it has proven to be difficult keeping an employee in an OAI position for any lengthy amount of time due to the fact that they often transfer out of the department when an OAII position becomes vacant elsewhere in the county. In an effort to alleviate this issue, SCSWD requests authorization to reclassify the existing OAI position to an OAII position as detailed below:

PCN Action Job Code Effective Date Beginning Wage SW1102A Reclassify 51102 June 25, 2015 $9.95/hour

The wage difference between the two positions is $0.94/hour. The total annual salary for this position, including benefits, is $33,646. No detrimental impacts to the SCSWD budget are anticipated by the approval of this request.

SCSWD customers will benefit by the approval of this request in that it will allow for improved customer service and reduced overtime, which puts an undue strain on current staff ..

Funding for this position would be from the Solid Waste Budget (Account No. 25SW311 50103)

The interim Human Resources Director has been notified of management's desire to reclassify this position.

It is recommended that authorization be granted to the SCSWD to reclassify this position.

.. SHAWNEE COUNTY

SHAWNEE COLJNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR

3137 SE 29fH ST.


(785) 251-2600

June 22, 2015

TO:

FROM:

RE:


John E. Knight, Director\. Parks & Recreation ...J

j ohn.knight@snco. us

Design/Build Services - Lake Shawnee Junior Pond Renovation Parks Division

Board of Commissioners approval is requested to allow the Parks and Recreation Department to solicit Requests for Proposals (RFPs) for design/build services for renovations to the Junior Pond at Lake Shawnee.

The current condition of the pond does not meet the approved maintenance standards of Lake Shawnee. The pond and spillway are eroding away, and the pond is not accessible under the Americans with Disabilities Act (ADA). The Lake Shawnee Junior Pond sees a tremendous amount of use throughout the year. It is the site of several youth fishing derby's and is the fishing location of choice for families with young children learning to fish.

An improved pond would have stabilized banks, an appropriate overflow, spillway and walks that encircle the pond itself and that also connect to the nearby trail and the walks to the nearby restroom. Estimated cost of the project is $400,000 to $500,000 depending on design. The successful contractor will also be asked to provide phasing opportunities for project completion. A funding source has not been identified but may include the Shawnee County Parks and Recreation Foundation, Parks and Recreation Building Maintenance Funds and Certificates of Participation.

JEK/lrk TB

SHAWNEE COUNTY

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR

3137 SE 29m ST.



June 22, 2015

TO:

FROM:

RE:


John E. Knight, Direct~ Parks & Recreation

Solicit Bids- Old Prairie Town Botanical Garden Irrigation System Parks Division

Board of Commission approval is requested to solicit bids for the installation of an automatic irrigation system for turf and ornamental beds at the botanical garden at Old Prairie Town at Historic Ward-Meade Site.

The botanical garden is 3.5 acres in size and includes areas of turf, landscaped ornamental beds, numerous trees and wet and dry stream beds. The site is frequented by walkers and is the site of special events and weddings, not to mention many photo opportunities, especially senior pictures each year.

The installation of an automatic irrigation system in the botanical garden would free up staff from setting up sprinklers and hand watering allowing them to concentrate on other areas of maintenance. The automatic system would allow us to water at night dramatically impacting the ability of the public to visit the gardens during the day without the threat of getting sprayed from a sprinkler head. An automatic system would allow us to do a better job of providing consistent amounts of water to turf and beds and to customize areas of the garden for the right amount of water, improving plant vigor and health.

Old Prairie Town consistently ranks in the top five of areas visited by patrons according to the master plan. The addition of an automatic irrigation system is consistent with the master plan and the expressed need to provide enhanced levels of service to high use areas.

There are sufficient funds in the operating budget of the Parks and Recreation Department to cover the estimated $25,000 cost of the system. There will be an annual savings in utility costs by eliminating the waste water cost that we are currently being charged for water used by irrigation. The new irrigation system will be on a separate water meter that is dedicated to the irrigation system and will not have waste water charges. Annual savings is estimated at $2,000/year.

JEK/lrk TB

3 ! SHAWNEE COUNTY

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT DIRECTOR

3137 SE 29TH ST.


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

June 19, 2015

TO:

FROM:

RE:


John E. Knight, Direc~ Parks & Recreation ·

Renewal Applications- Kansas Department for Children and Families Recreation Division

Board of Commissioners acknowledgement is requested on the attached renewal application for the Regulated Child Care Provider Enrollment Packet for Shawnee South Day Camp and Passport To Adventure licensed youth programs.

As a Kansas Department for Children and Families provider, the County will be able to continue to allow low-income families, who cannot afford camp and before/afterschool programs, the opportunity to attend these programs with assistance from the State of Kansas. Being a child care provider has been beneficial for those who live near and utilize these youth programs.

This is an extension of our scholarship program, while also allowing us to partner with the State to provide otherwise unavailable opportunities for these families.

There are no fees involved for the County for this program and continued participation in it will positively impact revenue and user experiences.

JEK/lrk RL Attachments

~>'"" l'£1i t.r.., ~ .......... ~

.-........ ·.· ... :·:·. ' .... . .... ansas

Department for Children and Families E~.·otnmric and

Emph~\ mvllt St•t'\'ict'8

.Vtrrmg Fum ilks Mulw u S!mng Kansas

Regulated Child Care Provider Enrollment

ES-1650 Rev. 04-13

Thank you for your interest in becoming a DCF child care provider for families who may be eligible for

DCF Child Care Assistance. This enrollment is used for KDHE regulated providers. Prior to completing the

enrollment, read and make sure you understand the DCF Child Care Provider Handbook.

Please return completed enrollment to: LlsC\ \<-. "'J eO. Y1V\ -e.ve:t tbi k\ Y'eY) ~ =tAW'·\ l ,. es ·z:e, \. L o \ YDW 14ZLf ·19ve~\ ~,\C~ lo(Q{(D\

Please return by: :SU-..J\f\ i m l ?.1)\G

DCF REGULATED CHILD CARE PROVIDER APPLICATION

Section 1:

Facility Information:

Name of Facility: Ve\m\ '(.~Yt:-lhmuY\I~wk,Q.oirector: ~e._ Facil~yUcenseNumber:~6~D=5~~~~~~~·~=~~~~~~~~~~~~~~~~~~ street Addressdol\S bW R)~·ehJ'Rd City: "lD-pc'bC\

1 ~~

county: fu.u,Joee state: 'harutS zip: ( Q( QlQ I ~ MailingAddress:(pJ\S't)W \\)~\-\AeW 'Rd City: _1Q~p~e=ta~---county:&-uwne-e~ state: \SlVl()(AS Zip: lQ(Q(Q \~ Primary Telephone Number: E ~LaL \ lo3CJ Alternate Telephone Number: J~ ZS \ Z le_()()

Email Address: Q\&\\-e'1:; cicN\e @snc 0" v\ S Headquarters (Complete this information only if you have more than one facility that is enrolled or

enrolling with DCF):

Name: Srnwnee [r.u;o~\tQYS t[RecreohJJ\ Address: 3\D1 ~£_ L~ 8} T142® I KS \ ~{QlQQ5

C-12 Page 1

ES-1650 Rev. 04-13

Telephone Number: ]'6S lS\ 1.1-tJ.)Q Fax Number: 1~- d_~ (a - 6£Df?>

Email Address: t-ctot\.u. \u._f~fe VlSb\'l.LO · ~ ~ ~

Owner Information:

Name (first, middle, last): ScilllJ\t:E' (h \~ Street Address: d to S£ :1 th City: _::rc_..U,··::3..:.J~~re~lli~...__ _____ _

county:SYxLu 1V\'f._~ state: '6a~ Zip: UL,l.Q (o03 Mailing Address:.....:7::1:::'~~£.:~3o..PA.,o;;::;;:;~=;--------- City: ------------

County: _______ _;__ State: -------- Zip: ---------

Telephone Number: 1€$- ;2S\-ZioC0Fax:)%S~Z£4Co-~mail:. ______ _

SSN: ---------- DateofBirth: ---------Gender: ___ _

Race:---------- Hispanic/Latina? _____ E~N: 48·(({0a'f;ISS/ Are you a high school graduate or do you have a GED? ------

Primary Language Spoken: ---------- Written: ----------

Rate Information:

If you are a Licensed Day Care Home, how much do you charge?

Under 18 months:----------- Frequency:------------

18 months and over:----------Frequency:------------

If you are a Child Care Center, how much do you charge?

Under 12 months:----------- Frequency:------------

13 months to 18 months:-------- Frequency:------------

19 months to 30 months:-------- Frequency: ------------

31 months to 5 years: Frequency: .,....----:-----:-=-----=-:----Su\\'\meClL\vtp-~co)~ee~ \?Je.\ert> J ~""mev-~CtW'p \()weets L.f8d<R\S

6 years and over: 'Ee.\q-e \~\x:nl-~fduiSA~f F"requency: f?e\.xc ~&Mev- rqq do~.:::o£ SGht?QI

Do you charge an~ fee? e5 If so what is your fee? $ ?_D /child $ family ~W\\''1\~v- 0~

Do you charge for a minimum daily rate? If so, what is your minimum daily rate? ___ _

C-12 Page2

ES-1650 Rev. 04-13

Do you charge for a minimum number of hours per day? No If so, for how many hours do you

charge? ______ _

List days and hours of operation:

stfr(Y\-er 1~ Monday- Friday: 12Jcwo\ 1~::.~/PM

S'-\.~V\IvU'r5~~ IO?:DPf-A

to ~/(i\wol 2>··30..fM/@

Saturday:

Sunday:

_ __;)(.______AM/PM to __ X',____ AM/PM

_ ____::_:X.___ AM/PM to -----"-'--- AM/PM

Has anyone who lives, works or volunteers in your home/facility been convicted of a felony? Mo If yes, provide name of person, date and court of action, county and state:----------

C-12 Page 3

. :o11i"' f£1( •s ~:-. 11 ....... "t.-.,c.: . . .. ~-.·~····:ito,...,

IGhS·as ES-1650 Rev. 04-13

·· Dep;:n1inent for Children and Families l::<.'orlomic mrd

E.mpl·~~"~'!em S<!l'l'ic<''

Strong Familitis .>\.f,!fr.e a Stnmg Kon.w.1s

Regulated Child Care Provider Enrollment

Thank you for your interest in becoming a DCF child care provider for families who may be eligible for

DCF Child Care Assistance. This enrollment is used for KDHE regulated providers. Prior to completing the

enrollment, read and make sure you understand the DCF Child Care Provider Handbook.

Please return completed enrollment to:

Dept-- c~,\~ A-NJ.. n,.,..,.. ,(,e s

Please return by:

eo 6o X 1'12.t.J .,, b fe. K,A, KS (p~ho J

Jofle.. 3o. ~~ :s: , DCF REGULATED CHILD CARE PROVIDER APPLICATION

Section 1:

Facility Information:

Name of Facility: fh.-5S(f>rl- fo AJI):::r...tv It:. Director: .....,C_,___l_c.-._yr-...... (...,.,Jc::....:..' ____._/lA"--e.-~_( Facility License Number: Q(){c/1?; 2. {- CO I

street Address: Y1D I 6w 6 h..u~ Dr City: -----'--!t ...... o'-Fp'-"·-e...=k~c...::.=...._ ____ _

County: 6h.eu.u)-..e-e State: })CA...V\.SC-S Zip: --~...oLP~~~~&;=-/=--.:...'1 __ _ Mailing Address: 3/37 ~ E #{~+h. City: _--_,_fc_;;_,.p_e_lc_c-_____ _

County: .5 ~"'-"-Vt\e..Q... State: -~--=c._'--· _11'.6-=---C...S=---- Zip: lJ;. ~ ~ Oc.i

Primary Telephone Number: ??iS-...2}1- "'8'12. I

Email Address: eLy. Ae.c.J @.sf\c...O. ! ),$

Alternate Telephone Number: 7(55 ..J€1- ;)._C,S/

Headquarters (Complete this information only if you have more than one facility that is enrolled or

enrolling with DCF):

Name: S "~Ae_'t"' {o~-\-'1 ~o.J~ 0--~ R.ec.rep}~c~ Address: __,_3.L.:.l~3<--..!l'----''6""-. -=E~:l'-"-1_._·· _+h.._-+-----=f o'-11fe<k---=c.::-=-·,1 ___,_J6_S=--__,(o..._&~6r:::...>O!::.~-..JoL--__ _

C-12 Page 1

Telephone Numb~·~~ -JJ.oW

ES-1650 Rev. 04-13

Fax Number: -------------

Email Address: -----------------------------

Owner Information:

Name (first, middle, last): S hA.w ..... c..e.... Co u 11\.{'-f ~ c,.....V" ~ '}-- Re...<_

Street Address: 31 0] \5 E J.1 +~ City: -~-f-/-~.-ol..f!P~ek::...:........:· 0....~-----county: 6hwte.-e... State: _,__b~:.......::::.::~=c:;.....=..£5 __ Zip: __ {p_;~:..::...· ....u(oL-'00£...--'5_-__ _

I

Mailing Address: ____ ~~~=-.:..;=e....=-_v..."":=s"'----'~=-"~Oot..=:..--- City: -------------

County: _________ State: _________ Zip: ---------

Telephone Number: ]<(;6-9/kJ~ J.bCO Fax: ______ Email: ________ _

SSN: ----------- Date of Birth: ---------- Gender: ___ _

Race:------------ Hispanic/Latino? ______ EIN: _____ _

Are you a high school graduate or do you have aGED? ______ _

Primary Language Spoken: ----------- Written: -----------

Rate Information:

If you are a Licensed Day Care Home, how much do you charge?

Under 18 months:----------- Frequency:-------------

18 months and over:-----------Frequency:--------------

If you are a Child Care Center, how much do you charge?

Under 12 months:-----------

13 months to 18 months:---------

19 months to 30 months: ---------31 months to 5 years: .

~I i~.f"A ~0 ,,_ -I /CO 6 years and over:q>!JI <t~ '/p f\ - .f/?5

Frequency:-------------

Frequency:-------------

Frequency: -------------

Frequency: -----------

Frequency: Mo..J~- F;:J.~

Do you charge an enrollment fee? ~

Do you charge for a minimum daily rate?

If so what is your fee? $ /..!) /child $ :Jfamily , li~""'~~le 1 Pw-t."r ~ k.fee

(1)l> If so, what is yo"'D'rminimum daily rate? ___ _

Pe-r ve.e.k. C-12

Page 2

ES-1650 Rev. 04-13

Do you charge for a minimum number of hours per day? _.:..._rJ_o"""-- If so, for how many hours do you

charge? ______ _

List days and hours of operation: ·.di

6~~!~?'~ Monday- Friday: ~APKJPM to

.SI5P........_ 9@~ AM/PM

Saturday: ____ AM/PM to ____ AM/PM

Sunday: ____ AM/PM to ____ AM/PM

Has anyone who lives, works or volunteers in your home/facility been convicted of a felony? _,M:.........lo....!..-_

If yes, provide name of person, date and court of action, county and state:----------

C-12 Page 3

ES-1650 Rev. 04-13

Read the following statements and check if you agree:

j !/We declare, under penalty of perjury, that to the best of my (our) knowledge, the information

/

_j_

provided in this application is true and correct.

I understand that the terms listed in the DCF provider handbook and child care provider

agreement (including Section 9} are incorporated into my provider agreement with DCF and are

legally binding. My signature on this application certifies that I have read and understand those

terms and agree to them.

!/We the undersigned are the person(s) named as the Applicant or the person(s) authorized to

represent the owner listed above.

Submit this completed form along with a copy of your parent/provider contract or agreement.

ZQ::der ;;;e pJ}J_ Print EES Designee Name

Provider Signature and Date EES Designee Signature and Date

FOR AGENCY USE ONLY:

Agreement Start Date:----------

County Code: _________ _

End Date:----------

Provider ID: ----------

C-12 Page4

ES-1650 Rev. 04-13

Read the following statements and check if you agree:

j 1/We declare, under penalty of perjury, that to the best of my (our) knowledge, the information provided in this application is true and correct.

~ I understand that the terms listed in the DCF provider handbook and child care provider agreement (including Section 9} are incorporated into my provider agreement with DCF and are legally binding. My signature on this application certifies that I have read and understand those terms and agree to them.

__j 1/We the undersigned are the person(s) named as the Applicant or the person(s) authorized to represent the owner listed above.

Submit this completed form along with a copy of your parent/provider contract or agreement.

Print EES Designee Name

Provider Signature and Date EES Designee Signature and Date

FOR AGENCY USE ONLY:

Agreement Start Date: --------- End Date:---------

County Code: ---------- Provider ID: ----------

C-12 Page4

SHAWNEE COUNTY

PARKS~RECREATION June 19, 2015

TO:

FROM:


John E. Knight, Director\ Parks & Recreation ~

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR

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

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

RE: Agreement- 2015 Kansas State Championships Water Ski Tournament Recreation Division

Board of Commissioners approval is requested on the attached Agreement. This Agreement is between the Shawnee Boat and Ski Club, Inc. and Shawnee County.

This Agreement sets out the responsibilities of the Shawnee Boat & Ski Club and Shawnee County Parks & Recreation for the operation of the 2015 Kansas State Championships Water Ski Tournament. This tournament is scheduled for Friday, July 17 through Sunday, July 19, 2015. The financial impact of this event is expected to be:

Recreation Staff Cost Parks cost Revenue to County Foundation Revenue Volunteer benefits Economic Impact

$40 $165 $0 $200 $6,750 $40,000

This year, 2015 will be the 45th annual tournament held at Lake Shawnee and is always one of the most popular water events held at Lake Shawnee. The Shawnee Boat and Ski Club, Inc. will pay $200 to the Shawnee County Parks & Recreation Foundation. Shawnee County also recognizes that this event utilizes over 30 volunteers and the estimated economic impact to Shawnee County is $40,000 for the weekend. Parks & Recreation plays an important role in the development and operation of community interest events. The Shawnee County Parks & Recreation Foundation assists the department with many of these special programs and events. Many of these community interest events are enhanced with the Foundation and General Fund working together.

JEK/gcl RL Attachment

. . ~

$HAVJNEE CUUNLl

CONTRACt #. ~~'!? ~\$

AGREEMENT

This Agreement is made this ______ day of ______ _

2015, between Shawnee Boat and Ski Club, Inc., hereinafter referred to as the

"Organizer" and the Board of Commissioners of the County of Shawnee, Kansas,

hereinafter referred to as the "County".

Whereas, the County is the owner of Lake Shawnee and operates the

public park and facilities located therein for the recreational use by the public and

patrons of the park; and,

Whereas, it would be of mutual benefit to the parties that certain rights,

privileges and covenants be granted by the County to the Organizer in exchange

for the consideration of services to be rendered by the Organizer for said rights,

privileges and covenants, as they are hereinafter set forth; and,

Whereas, the Organizer wishes to conduct the 2015 Kansas State

Championships Water Ski Tournament, Friday thru Sunday, July 17, 2015, thru

July 19, 2015, hereinafter referred to as the "Event" at Lake Shawnee; and,

Whereas, Shawnee County Parks & Recreation hereinafter referred to as

the "Department" shall be the department responsible for carrying out the

responsibilities of the County; and,

Whereas, the Organizer and the County wish to set out terms and

conditions regarding the Event.

Whereas, the Director of Parks & Recreation hereinafter referred to as the

"Director" shall be the representative of the County; and,

Whereas, the Organizer and the County wish to set out terms and

conditions regarding the operation;

Now therefore, in consideration of the mutual covenants provided herein,

the Organizer and the County agree as follows:

GENERAL DESCRIPTION OF AGREEMENT

This is an Agreement for a special use of Shawnee County parkland and

facilities for the operation of a community interest event.

GENERAL TERMS

1. The Director shall be the County's agent for the receipt of all required

notices to the County for general administration of this Agreement. All

comments by the County shall be directed verbally or in writing by the

Director to the Organizer.

2. Event Organizer shall be the person who receives all written legal

notices from the County. All comments by the Organizer directed to the

County shall be in writing to the Director.

RESPONSIBILITIES OF THE ORGANIZER: The following shall be provided by the Organizer at no cost to the County.

1. Publicity:

• Organizer shall identify Lake Shawnee, Topeka, Kansas, and utilize

the Shawnee County Parks & Recreation logo in all media

advertising and list Shawnee County Parks & Recreation as an

Event co-sponsor.

• Organizer shall hold the Event July 17 thru July 19, 2015, during

the hours of 6:00 am - 9:00 pm.

• Organizer shall provide all media campaigns and announcements.

• Organizer shall display sponsors' banners at the Event site.

• Organizer agrees to provide a copy of all advertisement to the

County for approval before release to the media.

2. Site Layout: Organizer along with the County, will establish a mutually

agreed upon site layout adjacent to the Shawnee Boat and Ski Club for

a placement of the skiing course, all equipment, tents, vehicles, and

banners.

3. Event:

• Event is defined as the 2015 Kansas State Championships Water Ski

Tournament point of admission, designated parking areas, beach/shore

areas which support the Organizer's activities, water areas designated to

the 2015 Kansas State Championships Water Ski Tournament for Event

race related activities (i.e. areas controlled by the 2015 Kansas State

2

Championships Water Ski Tournament and staff) to include set up

operations through the conclusion of break down activities for the times

and dates set forth in this agreement.

• Organizer shall provide set up and take down of all on water

activities. Take down will be completed by 11 :00 pm, Sunday, July

19, 2015.

• Organizer shall provide volunteers for Event related parking.

• Organizer shall receive prior written approval from the Director for

building any/all signage; advertisements and structures erected

temporary or permanent, on the premises.

• Organizer shall provide all utility connections as needed.

• Organizer shall check with the County and local utilities for under

ground cable lines and other possible buried utilities so as not to

disrupt any utility service or cause damage to said utility.

• Persons associated with the Event will not bring onto, consume, or

provide to anyone any controlled substance, alcoholic or cereal

malt beverage on the leased premises.

• Organizer agrees to provide access to the event site at no charge

to Shawnee County Parks & Recreation staff involved in the

administration of the contract, on-duty Parks & Recreation Staff,

and Law Enforcement personnel.

• Organizer shall produce a three-day, family oriented event

designed to capture community and media attention.

4. Equipment: Organizer shall furnish the following to produce the Event:

• Safety boat and official's boats

• Public address system

• Banners

• Electricity

• Tents and canopies

• Litter control on site

• Site set-up and staff

3

5. Insurance:

• This Event is included under the umbrella of the Shawnee Boat and

Ski Club, Inc. insurance policy, which includes coverage in the

amount of at least Five Hundred Thousand Dollars ($500,000) with

respect to injury or death to any one person and Fifty Thousand

Dollars ($50,000) with respect to damages to property.

• Organizer agrees to name the County, it's officers and employees

as additional insured on their general liability and or event liability

insurance contracts as applies to the Event.

• Organizer agrees to provide certificates of insurance to the County

before the Board of Commissioners approval is granted.

6. Indemnification: Organizer agrees to indemnify and hold harmless the

Board of Commissioners of the County of Shawnee, it's officers,

employees, contractors, subcontractors, and insurers from and against all

liability, claims or demands, on account of injury, loss, or damage, of any

kind whatsoever, which arise out of or are in any manner connected with

the Event, if such injury, loss or damage is or is claimed to be caused in

whole or in part by the act, omission, or other fault of the Organizer, or any

officer, employee or agent of the Organizer. Organizer agrees to

investigate, handle, respond to, and to provide defense for any liability

claims, or demands at the sole expense of the Organizer, and agrees to

bear any other costs and expenses related thereto, including court costs

and attorney's fees, whether such liability, claims, or demands are

groundless, false, or fraudulent as it applies to the Event.

7. Event Revenue:

• Organizer will pay a service fee of $200 to the Shawnee County

Parks & Recreation Foundation no later than August 1, 2015.

• All remaining proceeds shall go to the Kansas State

Championships Water Ski Tournament.

8. Sales Tax & Misc. Licenses: Organizer agrees to obtain State of

Kansas Sales Tax Licenses and to file the necessary tax return for all

taxable items, goods, and services sold at the Event. Any applicable

4

Health Department permits for food vendors must be obtained by the

Organizer or the food vender.

9. Emergency Services: Organizer shall provide emergency services as

deemed necessary for the Event and site of crowd, and develop an

emergency action plan in case of injury at the Event.

10. Safety: Organizer will provide for adequate public safety when using

extension cords which might be on the ground. These cords must handle

the necessary demand of the unit and be safe grounded and must meet all

local, state, and national safety standards.

11. Pets: Organizer agrees that all animals will be on a suitable restraint

while in the park to guarantee public and property safety.

12. Lifejackets: Organizer will require all athletes on the water to wear

personal floatation devices (trick skiers shall have PFD's readily

accessible).

13. Rules and Regulations: Organizer shall adhere to all Parks &

Recreation Resolutions, Shawnee County Resolutions, and other

applicable laws of the State of Kansas.

14. Organizer has familiarized themselves with the site being provided by

the County and agrees to conduct all of their activities within that

designated site.

15. Parties herein agree that a material condition of this lease is that

Organizer will not directly or indirectly deny admittance to the Event to any

person or persons on the basis of race, religion, color, sex, physical or

mental handicap, ancestry, national origin or age.

RESPONSIBILITIES OF THE COUNTY

Shawnee County Parks & Recreation shall be the County Department

responsible for the duties and activities agreed to hereinafter.

16. Site Requirements: The County shall reserve the ski area of Lake

Shawnee exclusively to the Organizer as the site for the 2015 Kansas

State Championships Water Ski Tournament on July 16- 20, 2015, from

5

6:00 am to 9:00 pm with races beginning no earlier than 6:00 am. The

land and immediate shoreline adjacent to the Shawnee Boat and Ski Club

building will be available Thursday, July 16, 2015, for set-up beginning at

6:00 am. Set-up on the water may not occur prior to 6:00 am, Thursday,

July 16, 2015. The ski area is "Closed" to boating Thursday, July 16, 2015

6:00 am, through Monday, July 20, 2015, 6:00 am.

17. Trash Containers/Receptacles: The County agrees to supply and

empty eight (8) trash receptacles.

18. Picnic Tables: The County agrees to supply ten (10) additional picnic

tables.

19. Security: The County provides routine park patrol between the hours

of 8:00 am and 11 :00 pm. (All other security between the hours of

11 :00 pm and 8:00 am must be coordinated with Mike Cope, Park

Police Chief 251-2600 (ext.2631).

20. Cancellation: The County has the right to cancel or postpone the

event if public safety is in jeopardy due to inclement weather or other

reasonable cause.

ASSIGNMENT

This Agreement may be assigned by organizer only with prior written

consent of the other party.

ENTIRE AGREEMENT

The Contractual Provisions Attachment, which is attached to this

Agreement is incorporated by reference and made a part of this Agreement.

Together this Agreement and the Contractual Provisions Attachment represents

the entire agreement and understanding between the Club and the County. No

terms, conditions, course of performance, usage of trade, understandings, or

agreements purporting to modify, supplement, or explain any provision of this

Agreement shall be effective unless in writing, signed by representatives of both

parties authorized to amend the Agreement.

6

SEVERABILITY

The paragraphs of this Agreement are severable. In the event any

paragraph or portion of the Agreement is declared illegal or unenforceable, the

remainder of the Agreement shall be in effect and binding upon the parties.

NOTICE

Any notice with regard to this Agreement shall be sent to the following:

Shawnee County Parks & Recreation

John E. Knight, Director

3137 SE 29th

Topeka, Kansas66605

BOARD OF COMMISSIONERS

SHAWNEE COUNTY, KANSAS


ATTEST:

Cynthia A. Beck, County Clerk

7

Shawnee Boat and Ski Club

Dave Sterbenz, Commodore

P.O. Box 1384

Topeka, Kansas 66601

SHAWNEE BOAT AND SKI CLUB

Dave Sterbenz, Commodore

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C ___ _

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

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

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

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. I 0-110 I et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

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

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

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

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

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

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

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

VENDOWCONTRACT~

~/A!_. s. l'be'1 z_, By:

Ce~~~ll'\tad o ~'f. Title:

G -11~ts Date:



Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

Shawnee County DEPARTMENT OF HUMAN RESOURCES

Shawnee County Courthouse 200 SE 7th Street, Ste. B-28 Topeka, Kansas 66603-3932

Phone: (785) 251-4435 [email protected]

MEMORANDUM

TO:

FROM:

DATE:

RE:

Board of Shawnee County Commissioners

James M. Crowl, Interim Human Resources Director

June 22, 2015

Request for approval of Addendum to Contract with CBIZ for a Comparative Staffing Analysis

Please place this item on the Thursday, June 25, 2015 Commission agenda.

Attached is a proposed Addendum to the contract with CBIZ to perform a Comparative Staffing Analysis for Shawnee County. I have also attached the project proposal for your review. The proposal describes the steps that would be taken to perform the analysis along with the methodology used. If approved the analysis would be built into the compensation study and would provide the results of the analysis along with the results of the compensation study.

The cost for this additional service will not exceed $9,000.00, and if approved, work on the analysis will begin immediately.

If you have any questions, please do not hesitate to contact me at extension 4439.

c: Betty Greiner, Audit-Finance Director, Shawnee County

I

aHAWNEE COUNT)

OONTRACT # C6-~(pa ot6

TIRSTAMENDMENTTOSERVICESAGREEMENT

THIS FIRST AMENDMENT TO SERVICES AGREEMENT is made and entered by and between Shawnee County, Kansas ("Client") and CBIZ Benefits & Insurance Services, Inc. d/b/a CBIZ Human Capital Services ("CBIZ").

WHEREAS, the parties have entered into a certain Services Agreement effective June 15, 2015 (the "Agreement"); and

WHEREAS, the parties wish to amend the Agreement as specifically set forth below.

NOW THEREFORE, for good and valuable consideration, the parties agree as follows:

I. CBIZ agrees to provide services related to workforce efficiency and staffmg as outlined on Addendum C, attached hereto and made a part hereof. Employer agrees to pay the fee for said services as outlined on Addendum C.

II. The effective date of this First Amendment is June 22, 2015.

III. The parties to this First Amendment hereby agree to ratify and renew all other terms and conditions of the Agreement, unless specifically modified herein, and acknowledge that the Agreement and this First Amendment shall remain in full force and effect.

IN WITNESS WHEREOF, CBIZ and Client have caused this First Amendment to Services Agreement to be executed on the date written below.

Shawnee County, Kansas CBIZ Benefits & Insurance Services, Inc.

By: __________ _ By: __________ _

Title:, __________ _ Title: __________ _

Date: __________ _ Date: __________ _

Approvod as to Legality and Form: Date - t ~ .tr

1 ASST. CO. COUr

ADDENDUMC

SCOPE OF SERVICES

Step 1 - Data Collection

~ CBIZ collects data related to current staffmg practices at the Client, including but not limited to the number of staff members per department, staffing metrics used to ~monitor staffmg levels, detailed descriptions of services provided by the Client, etc.

~ The Client submits to CBIZ all requested information and data. CBIZ reviews the data and notifies the Client of any missing information.

Step 2 - Interview Department Heads (includes approximately one full day of on-site meetings, possibly in conjunction with the Compensation Study's employee orientation sessions)

~ CBIZ conducts group or one-on-one interviews with the Client's department heads to better comprehend the current organizational structure and staffing levels.

~ The purpose of the interviews will be to gather information concerning the Client's staffing practices, discuss any issues related to current staffmg levels, identify the advantages and disadvantages of using various staffing metrics and gain an understanding of perceptions related to future organizational plans.

Step 3 - Conduct Private Staffing Survey

~ CBIZ develops a staffmg session with the custom compensation survey to collect staffing data from comparable government entities.

Questions will seek information related to the number of staff in different organizational departments, budget size and population served by department, metrics commonly used to maintain adequate staffing levels, etc.

~ CBIZ analyzes the survey responses and prepares a summary, which will be provided to the Client as well as the participants. Data will be presented in aggregate; that is, individual participant data will not be disclosed.

Step 4 -Determine Staffing Metrics

~ Based on the information collected in the department head interviews and custom survey, CBIZ proposes reasonable metrics to use to evaluate staffing levels and determine the proper number of employees needed to provide the Client's services.

~ CBIZ develops recommendations for the use of specific metrics based on practices among peer organizations as well as the Client's unique characteristics.

Step 5 -Perform Comparative Staffing Analysis

~ CBIZ converts the staffing data submitted by the Client into easily understood metrics.

~ CBIZ compares the staffing data compiled in the custom survey to the Client's staffing data in order to identify potential areas of over- or under-staffing.

2

>- Any significant differences between the Client's staffmg levels and those reported in the survey data will be documented.

Step 6 - Conduct Meeting to Present Results (to be held in conjunction with the Compensation Study's results meetings)

>- Conduct a meeting with key Client staff to discuss the staffing comparison assessment and present key areas that may be in need of staffing adjustments (e.g., specific departments or jobs) as well as appropriate metrics to consider as the Client develops staffmg plans for the future.

>- CBIZ is present for questions or comments related to the staffing methodology and recommendations.

Step 7 - Finalize Report

>- Make any necessary changes to the project report resulting from the meeting (assumes one set of revisions).

>- Present the staffing recommendations to the Board of County Commissioners in conjunction with the recommendations resulting from the Compensation Study.

>- CBIZ submits a final report to the Client that documents the comparative staffing analysis findings and provides recommendations for determining the proper number of employees within the Client's various jobs and departments.

CBIZ's professional fee structure is based upon standard hourly rates for consulting services. The fees for the services provided are not contingent upon the fmdings and results of the services provided but are based on the actual time spent on the project. Based upon our prior experience in conducting similar projects, CBIZ guarantees that total professional fees for the Comparative Staffing Analysis will not exceed Nine Thousand Dollars ($9,000.00).

CBIZ shall invoice Client each month for the progress payments, with any remaining balance due upon completion of the project. CBIZ will absorb any and all direct project expenses (travel expenses, lodging, airfare, overnight mail, mileage, etc.)

If the volume of work changes substantially due to change in scope the parties may need to discuss an adjustment in the professional fees documented herein. CBIZ does not anticipate that this will occur; however, CBIZ would discuss this with Client before proceeding and obtain Client's prior approval.

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