board of county commissioners agenda ...2012/12/20 · please place this on the december 1 7, 2012...

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BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, DECEMBER 20,2012,9:00 A.M.

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

II. UNFINISHED BUSINESS

I. Consider approval of Resolution No. 2012-138 setting the 2013 salaries for unclassified employees-Commissioner Ensley.

2. Consider authorization and execution of Contract C812-2012 with the Communications Workers of America, Local6401 for calendar years 2013, 20I4, and 20I5.

III. CONSENT AGENDA

I. Consider authorization and execution of Contract C821-2012 with Dr. Mahasen De Silva for psychiatric services to patients of the SCHA-CHC-Health Agency CHC.

2. Consider authorization and execution of Contract C822-l012, accepting an increase of $2,000 from KDHE for the Community Based Primary Care grath to be used for emergency preparedness-Health Agency CHC.

3. Consider authorization and execution of Contract C823-2012 for professional services-Parks and Recreation.

4. Consider approval of an emergency vehicle permit for Rodney Humbert and Shawn Lucas, Soldier Township Fire Dept.-Emergency Management.

5. Consider authorization and execution of Contract C824-2012 for annual maintenance with Alexander Open Systems for SmartNet support for 1I Cisco network switches-Information Technology.

6. Consider authorization and execution of Contract C825-2012, software licensing agreement renewal with CA Technologies for theCA Relia II Workbench software suite-Information Technology.

7. Consider authorization and execution of Contracts C826-2012 through CSS0-2012 with social service agencies and service programs for the elderly-Audit Finance.

8. Consider approval ofResolution No. 2012-139 authorizing the issuance of a credit card for official use by a County employee-Sheriff's Office.

9. Consider authorization and execution of Contract C851-2012 with Chaplain John Hansen for services in 20I3-Sheriffs Office.

I 0. Acknowledge receipt of correspondence from Sheriff Jones regarding the purchase of 29 rear transport seats for vehicles in a total amount of$2I,095.85-Sheriffs Office.

11. Consider authorization and execution of Contract C852-2012 with MorphoTrak for annual maintenance of a fingerprint scanner-Sheriffs Office.

I2. Consider authorization and execution of Contract C853-2012 for a 20 year lease of tower space at 7984 Y:z NW Topeka Blvd-Sheriff's Office.

13. Consider approval of proposed pay range adjustment for the Communications Technician position-Sheriffs Office.

14. Consider transfer of ownership of all radios purchased for Shawnee County's new P25 Public Safety Radio System to the individual agencies using them-Sheriffs Office.

15. Consider authorization and execution of Contract C854-2012 with Heartland Works for reimbursement of wages for training at the Emergency Communications Center-Sheriff's Office.

16. Consider authorization and execution of Contract CSSS-2012 for lease of one photocopier system from the State of Kansas Contract for Information Technology-Audit Finance.

17. Consider approval of a sole source for annual maintenance of railroad crossing signal at Montara Parkway-Public Works/Solid Waste.

18. Consider request for encumbrance of 2012 funds to pay for purchase and installation of light fixtures-Weed Dept.

19. Consider authorization and execution of Contract C856-2012 with the Kansas Dept. of Transportation for noxious weed control-Weed Dept.

20. Consider authorization and execution of Contract C858-2012 with the Kansas Expocentre for lease of Landon Arena for memorial services.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider approval of all voucher payments.

2. Consider approval of correction orders.

3. Consider approval ofResolution No. 2012-140 authorizing the issuance of a 2013 cereal malt beverage license including Sunday sales for The Shack, Inc. located at 2842 SW 29th StreetCommissioner Ensley.

B. AUDIT FINANCE- Stacey Woolington

I. Update on expenditures and revenues.

C. COUNTY COUNSELOR/HUMAN RESOURCES- Rich Eckert

I. Consider approval of Resolution No. 2012-141 authorizing the County Counselor to settle certain claims--Commissioner Ensley.

D. PUBLIC WORKS/SOLID WASTE- Tom Vlach

I. Consider approval of request to waive the purchasing resolution requirements and purchase aggregate material on behalf of Monmouth Township.

2. Consider approval of request to issue "Request for Qualifications" for professional design services for the SW Urish Road from SW 17th Street to SW 21 '1 Street in calendar year 2016.

E. SHERIFF'S OFFICE- Sheriff Jones

I. Consider authorization and execution of Contract C857-2012 with New World Systems for an upgrade from an IBM AS 400 platform to a Microsoft server platform-Sheriffs Office.

F. TREASURER- Larry Wilson

I. Consider acceptance of the November 2012 bank reconciliation.

V. ADMINISTRATIVE COMMUNICATIONS

1. Update on the curbside recycling program-Public Works/Solid Waste.

VI. EXECUTIVE SESSIONS

RESOLUTION NO. 2012-~ 3 ~

A RESOLUTION ESTABLISHING SALARIES

FOR ALL ELECTED OFFICIALS AND DEPARTMENT HEADS

SPONSORED BY COMMISSIONER ENSLEY

The Board of County Commissioners of the County of Shawnee, Kansas, meeting in regular session on this __ day of December, 2012, does hereby resolve as follows:

1. The following is a listing of salaries per pay period for all Elected Officials and Department Heads effective December 15th, 2012.

TITLE

District Coroner District Attorney Public Works/Solid Waste Director County Counselor Financial Administrator Information Technology Director Sheriff Appraiser Parks and Recreation Director Community Health Center Director Local Health Department Director Corrections Director Community Corrections Director Planning Director Election Commissioner County Clerk Emergency Management Director Register of Deeds Weed Department Director BCC Office Administrator County Treasurer Commissioners

PER PAY PERIOD

$5,348.08 5,348.08 4,903.85 4,000.00 3,759.62 3,657.58 3,446.54 3,406.93 3,080.77 3,072.00 3,072.00 3,153.85 2,931.54 2,931.54 2,376.93 2,376.93 2,277.89 2,277.89 2,258.08 2,099.62 2,060.00 1,653.85

2. This resolution rescinds Resolution No. 2011-182 and any other resolutions in conflict herewith.

::1 I

ATTEST:

Cynthia A. Beck, County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Theodore D. Ensley, Chair

Mary M. Thomas, Vice Chair

Michele A. Buhler, Member

APPROVED AS TO FORM AND~E ALITY BYTHESHA~E~COJ E R'SOFFICE

DATE (Z .,, I BY lr-I/ ....... v

C 111- "-:t..o t'L Shawnee County

DEPARTMENT OF HUMAN RESOURCES and FACILITIES MANAGEMENT

Ext. 4435 Human Resources Ext. 4633 Facilities Management

MEMORANDUM

DATE: December 11, 2012

TO: Board of County Commissioners

FROM: Jon P. Thummel, Director,--

RE: Executive Summary of the 2013-2015 CWA Agreement

Please place this on the December 1 7, 2012 agenda.

Attached is the 2013, 2014 and 2015 CWA agreement. It covers approximately 30 employees.

Highlights of changes include:

• Clarified bargaining unit seniority • Clarified the promotional process • Further defined shifts and scheduling responsibilities • Clarified the overtime procedure • Changed to semi-annual shift bids • Further defined trade time • Clarified reporting for FMLA time • Clarified vacation selection and the non-substitution of compensatory leave • Provided a 1% increase on the first day of the payroll year, a step increase and a 1%

increase effective 7/13113 • Added items to the disciplinary action lists

This agreement has been ratified by the Union.

If you have questions, please contact me at extension 4439.

• 200 SE 7th • Room B-28 • Topeka, Kansas 66603 • 785-233-8200 • Fax 291-4901 • www.snco.us •

SECTION 16

WAGES

16.1 Wage Scale.

a. Beginning with first day of the first pay period in payroll year, 2013 employees

shall be paid in accordance with the attached pay schedule for payroll year 2013.

Beginning on 7/13/2013, employees shall be paid in accordance with the attached

pay schedule for payroll year 2013 that reflects the aforementioned effective date.

The parties agree that all outstanding issues for 2012 shall be deemed as

settled.

b. The parties agree to enter into the meet and confer process for Section 16.1

for payroll years 2014 and 2015.

c. For payroll year 2013, employees shall advance one (1) step on their

anniversary date.

d. Under no conditions shall employees be paid outside the parameters of the

effective scale.

e. Management Employees Demoting into the Bargaining Unit. Management

employees demoting into a bargaining unit they were promoted out of shall be placed

on the step they would have attained if there were no break in service. Seniority shall

be reinstated as if there was no break in service.

f. Movement from Outside the CWA Bargaining Unit. Employees coming into

the CWA bargaining unit from outside the unit shall be placed at step one (1) of the

correct classification.

CWA Page 45

16.2 Initial Hire. All new hires shall be paid on step one (1) of the appropriate range of

this contract.

16.3 Initial Hire Probationary Periods. -Employees will receive a step at the end of the

initial hire probationary period.

16.4 Promotions. Any employee receiving a promotion shall be paid at their current

step in the new range. The effective date of the promotion will not change the

employee's anniversary date.

16.5 Promotional Probationary Periods. After successful completion of the promotional

probationary period, the employee will not move up one (1) step on the-salary scale.

16.6 Demotion. Any employee demoting shall move to the new range on their current

step with a corresponding reduction in salary. The effective date of the demotion shall

not establish a new anniversary date.

16.7 Transfers. Any employee transferring shall be placed on the wage scale on their

current step. The transfer does not establish a new anniversary date.

16.8 Pay Checks. Any employee who has a planned absence on a payday may have

his/her paycheck mailed to a pre-designated address, deposited in his/her bank account, or

held by the Director or his/her designee until he/she returns. Employees who desire to

have their checks mailed to a pre-designated address shall advise the Director or his

designee in writing fourteen (14) calendar days in advance of their scheduled vacation of

the exact address where the check is to be mailed and provide a self-addressed stamped

envelope to the Director or his/her designee. Employees who desire their checks to be

deposited in their bank account shall be enrolled in the Direct Deposit program.

CWA Page 46

16.9 Out of Class Pay. When a Communications Specialist I is assigned to fill a

Communications Specialist II position performing training or lead worker duties, the

Communications Specialist I shall be paid at their current step on the Communication

Specialist II range assignment.

16.10 Credit of Previous Years of Experience. Newly hired employees may be credited

with previous years of emergency services dispatching as provided below.

Procedure: The Sheriff will verify the applicants previous experience. Only whole

months of employment will be used. The following table shall be used for step

placement:

Whole Months Of Experience Step Placement

12-23 2

24 And Over 3

CWA Page 47

CWA 2013

Job Code Range Job Title

29301 301 Communications Spec I 29302 302 Communications Spec II

Effective 12/15/12

Steps 1 2 3 4 5 6 7 8 9 10 11 301 13.50 13.85 14.20 14.56 14.93 15.31 15.70 16.10 16.51 16.93 17.36 302 14.27 14.64 15.02 15.40 15.79 16.19 16.61 17.04 17.48 17.93 18.39

Steps 12 13 14 15 16 17 18 19 20 21 22 301 17.81 18.27 18.74 19.22 19.71 20.22 20.74 21.27 21.82 22.38 22.94 302 18.86 19.34 19.84 20.35 20.87 21.40 21.95 22.51 23.09 23.68 24.27

Effective 07/13/2013

Steps 1 2 3 4 5 6 7 8 9 10 11 301 13.63 13.94 14.30 14.67 15.05 15.44 15.84 16.25 16.67 17.10 17.53 302 14.41 14.79 15.17 15.56 15.96 16.37 16.79 17.22 17.66 18.11 18.56

Steps 12 13 14 15 16 17 18 19 20 21 22 301 17.97 18.42 18.88 19.35 19.83 20.33 20.84 21.36 21.89 22.44 23.00 302 19.02 19.50 19.99 20.49 21.00 21.53 22.07 22.62 23.19 23.77 24.36

CWA Page 48

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

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

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

December 12, 2012

TO:

FROM:

RE:

Board of County Commissioners Shawnee County

Alice Weingartne~ Director, Community Health Center

CONSENT AGENDA - Renewal of Contract with Dr. Mahasen De Silva

Action Requested: Approval to renew the contract with Dr. Mahasen DeSilva to provide psychiatric services to patients of the Shawnee County Health Agency (SCHA)Community Health Center (CHC).

Dr. DeSilva provides psychiatric medication management for SCHA-CHC patients with mental health disorders.

The intent of these services is to provide more immediate access to mental health staff for existing clients. The level of service includes assessment and addressing of short-term issues such as anxiety, depression, and situational mental health issues.

SCHA continues to work with Valeo Behavioral Health Care and Family Service & Guidance Center in assuring non-duplication of services in the community and to improve services to those in need by improved partnering. Existing referral processes will be used.

This position is covered by patient revenues generated by the visits as well as by the State Community Based Primary Care Grant

Leading the way to a healthier Shawnee County

SHAWNEE COUNTY HEALTH AGENCY Contract for Professional Services: Physician

THIS CONTRACT is entered into this __ day of 2012, between the Board of County Commissioners of the County of Shawnee, Kansas, herein after referred to as "the County" and, Mahasen DeSilva, MD, 835 SW Western, Topeka, Kansas 66606, hereinafter referred to as "the Provider."

WHEREAS, the County is desirous of contracting with the Provider for the purpose of providing professional medical and health care services for patients of the Shawnee County Health Agency.

WHEREAS, the Provider is desirous of providing said professional medical and health care services for patients of the Shawnee County Health Agency.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

The Provider agrees to provide professional medical and health care services for the County. Professional medical and health care services shall be defined as: services which are usually and customarily provided by a licensed Physician under the laws of the State of Kansas which are delivered to persons who have been identified by the Shawnee County Health Agency as patients of the Health Agency.

The time and location of the delivery of the professional medical and health care services, shall be by mutual agreement between the Provider and the County, and shall be scheduled, in writing, at least forty-five (45) days prior to the anticipated date of delivery. The County may authorize the Provider, to provide additional professional medical and health care services, in addition to the services which have been scheduled, when in the opinion of the County, such services are needed to maintain the efficient and effective operation of the Shawnee County Health Agency.

The Provider shall, for the duration of this contractual agreement, maintain a license to practice as a Physician in the State of Kansas. The Provider shall furnish verification to the County of Kansas licensure.

The Provider shall, for the duration of this contractual agreement, maintain professional liability and malpractice insurance as required by the State of Kansas. The Provider shall furnish to the County, verification of insurance coverage.

The Provider shall, while performing services under the terms and conditions of this contract, comply with all laws, public health regulations, grant agreements and Shawnee County rules and regulations, which govern the operation of the Shawnee County Health Agency. The Provider specifically agrees not to discriminate against persons served or employed by the County on the basis of race, creed, gender, national or ethnic origin, or disability.

The County shall pay the Provider the sum of $150.00 per hour for providing professional mental health care consultation services under the terms of this agreement. The County shall not be liable for payment for any services provided which were not authorized by the County, or which were not performed for persons who have been previously identified, by the County, as patients of the Shawnee County Health Agency.

The term of this agreement is from January 1, 2013 through December 31, 2013. This agreement, may, by mutual consent of the parties and by approval of the Board of Shawnee County Commissioners, be renewed on an annual basis. However, it is specifically agreed by the parties hereto that the County and/or the Provider retain the right to terminate this agreement unilaterally with thirty (30) days written notice to the other party. This agreement may be immediately suspended by the Shawnee County Health Officer, without prior notice, if in the opinion of the Shawnee County Health Officer, the Provider's conduct or action violates accepted standards of clinical practice or jeopardizes the operation of the Shawnee County Health Agency.

IN WITNESS WHEREOF, the parties have hereto executed this agreement as of the day and year first above written.

BOARD OF SHAWNEE COUNTY COMMISSIONERS

By: --~=-~--=-=-~-=~------------Theodore D. Ensley, Chairman

Attest:--,----,----,----,-,----------Cynthia A. Beck, Shawnee County Clerk

~';;~ ·-;· ~ ~ hf"l Provider: f/ · ~ ~

Mahasen DeSilva, MD

Date

Date I

Rev. 10/2003 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. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any of contractor's equipment, leased or otherwise, provided to County under the contract. County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by County, title to and possession of any equipment purchased by the County under the contract, but not fully paid for, shall revert to contractor at the end of County's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

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

5. ANTI-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 indemnifY a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

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

VENDOR/CONTRACTOR:

//j A .4 . / ----~ ///t/~. ( By:

Title:

Date:

/2- /tt /t'-I (



Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

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

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

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

December 12, 2012

TO:

FROM:

RE:

Board of Commissioners Shawnee County

Alice Weingartner~ Director, Community Health Center

CONSENT AGENDA - Notification from KDHE of an Increase in the Community Based Primary Care Grant Dollars for Emergency Preparedness

Action Requested: Acceptance of an increase of $2,000 from KDHE for the Community Based Primary Care grant.

This grant supplement is to be used for emergency preparedness for the Shawnee County Health Agency-Community Health Center (SCHA-CHC).

The SCHA-CHC will be required to designate an emergency preparedness contact, ensure the contact completes IS700.a training (an introduction to the National Incident Management System), and ensure the contact is registered on the Kansas Health Alert Network.

Leading the way to a healthier Shawnee County

Robert Moser, MD, Secretary

Shawnee County Health Agency Attn: Alice Weingartner 1615 SW 8th Avenue Topeka, KS 66606

Dear Ms. Weingartner:

Department of Health & Environment Sam Brownback, Governor

November 29, 2012

Effective December 1, 2012, your SPY 2013 Community Based Primary Care grant is hereby increased by $2,000, for a total of$212,900. These funds must be expended by June 30, 2013 and recorded in the Preparedness column on the CBPC Affidavit of Expenditures.

The Primary Care Clinic must submit a quarterly affidavit of expenditure and work plan progress report on the following dates: January 15, 2013, April15, 2013, and July 15, 2013. Work plan deliverables are as follows:

• Clinic shall recruit at least one person to act as the emergency preparedness (EP) contact. • Clinic shall ensure their EP contact completes the following training course: IS700.a

National Incident Management System (NIMS), an Introduction. • Ensure that each participating clinic's EP contact, and other such identified staff, is

registered on the Kansas Health Alert Network (KS-HAN) [https:/ /kshealth.kdhe.state.ks. us/].

Please sign below that you accept these additional funds as stated above and then return an original signature copy of this letter to Kevin Shaughnessy's attention at KDHE - Division of Management and Budget, 1000 SW Jackson, Suite 570, Topeka, KS 66612-1368. By accepting these additional funds you agree to expend them in accordance with the terms of your CBPC Award. Please retain a copy of this letter for your records. It will serve as the amendment to your CBPC Award.

You will find enclosed an amended copy of the List of Grant A wards for your records, as well as a list of allowable and unallowable expenditures, and a work plan indicating due dates and the three deliverables that should be met with the additional funding. If you have questions or concerns in regards to the contractual process or reporting requirements, please contact me at 785-296-1507 or Barbara Huske at 785-296-2742.

K::;y~ Kevin Shaughnessy, Division of Management and Budget

1/WE HEREBY ACCEPT THE TERMS OF TIDS AMENDMENT _________ _

cc: BCHS

Local Agency Authorized Signature Date: ------

19:'11·1 Q_

(}f))tUtpfuJud Division of Management and Budget

Curtis State Office Building, 1000 SW Jackson, Suite 570, Topeka, KS 66612-1368 Voice: 785-296-1507 Fax: 785-296-8465 e-mail: [email protected]

SFY 2013 KDHE AID TO LOCAL LIST OF GRANT AWARDS County/Agency:

# State Agency Grant Award

State Formula

2 Chronic Disease Risk Reduction

5 Family Planning

16 STD/HIV Control Programs -

Disease Intervention and Prevention Services

17 Maternal & Child Health

18 Child Care Licensing Program

20 Opt-Out HIV Testing

21 Community HIV Prevention Services

Term Dates

Begin End Fund-Project ID-CFDA #

07-01-2012 06-30-2013 1 000-264035A-State

07-01-2012 06-30-2013 2000-26421 09-State

3150-264435C-93.283

3614-264277E-93.991

Subtotal

07-01-2012 06-30-2013 1000-2640610-State

3622-264FP13-93.217

Subtotal

07-01-2012 06-30-2013 3070-264308C-93.977

3070-264308D-93.977

37 40-264840C-93.940

37 40-264840D-93.940

Subtotal

07-01-2012 06-30-2013 1000-264035D-State

1 000-264035E-State

1 000-264035F-State

1 000-264035G-State

1 000-264035H-State

2000-26421 05-State

3616-264329E-93.994

3616-264329F-93.994

3616-264334E-93.994

3616-264334F-93.994

Subtotal

07-01-2012 06-30-2013 1 000-264035C-State

2731-2642731-State

3028-26434508-93.575

Subtotal

07-01-2012 06-30-2013 1 000-2640358-State

3740-2648408-93.940

3740-264840C-93.940

3740-264840D-93.940

Subtotal

07-01-2012 06-30-2013 1000-2640358-State

3740-264840C-93.940

3740-264840D-93.940

Subtotal

Amended Dec 1, 2012

Shawnee

Amount

123,853

19,010

1,921

1,700

22,631

160,456

10,533

141,801

141,802

454,592

20,172

57,645

76,326

154,143

of2

SFY 2013 KDHE AID TO LOCAL LIST OF GRANT AWARDS County/Agency:

# State Agency Grant Award

24 Personal Responsibility Education Program

27 Community Based Primary Care

31 Pregnancy Maintenance Initiative

32 Teen Pregnancy Targeted Case Management

Term Dates

Begin End Fund-Project I D-C FDA#

07-01-2012 06-30-2013 3494-264952B-93.092

3494-264952C-93.092

Subtotal

07-01-2012 06-30-2013 1 000-26404PC-State

1 000-26404RX-State

1 000-26404DH-State

3398-264677N-93.889

Subtotal

07-01-2012 06-30-2013 1000-2641100-State

07-01-2012 06-30-2013 1000-2640650-State

3414-2642043-93.778

Subtotal

33 Ryan White Treatment Modernization Act Program 07-01-2012 06-30-2013 1000-264035B-State

34 Immunization Action Plan

35 WIC Immunization Collaboration

3328-264665NBDS-93.917

3328-264665PBDS-93.917

Subtotal

07-01-2012 06-30-2013 1000-2641400-State

3372-264315E30P-93.268

Subtotal

07-01-2012 06-30-2013 1 000-2641400-State

33 72 -264315E30P -93.268

Subtotal

TOTAL

Amended Dec 1, 2012

Shawnee

Amount

180,000

30,000

2,000

212,000

16,943

22,589

39,532

24,476

22,584

47,060

1,053,811

I ·-

-SHAWNEE COUNTY CONTRACT NO. C ~-:t 3 · -~ i l.. VENDOR NO. __ _

SHAWNEE COUNTY PARKS & RECREATION 3137 SE 29TH STREET, TOPEKA, KS 66605

785.267.1156 ..

This agreement is between the Board of County Commissioners of the Countb of Shaw~Je, Kansas, a duly organized municipal corporation hereinafter referred to as "County," and fJ Qh 1 ~I .e_ fe-1 )1 ·b , hereinafter referred to as "Contractor."

1. Contractor agrees to conduct the following:

Circle ONE: Circle One, two, or all:

WORKSHOP

~ I~ Please provide the following information below: DESCRIPTION of the CLASS/LOCATION.

~DJ6. L )o.6S iak--f 5Ac.t-WI1PP

2. Contractor agrees to attend all require orientations and to provide the following materials, equipment, supplies, and/or service: h b "/JJv '~c.

3. County agrees to compensate Contractor at a rate of$ /00 per .;11 en Jb by means of a County vendor check within 2 to 4 weeks after the completion ofthe agreement. Contractors are required to keep their own payment records for tax purposes. When earnings exceed $600 per year, County will report Contractor earnings to the Internal Revenue Service on a 1099 form. County shall not be responsible for, nor indemnify a contractor for any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract. Contractor agrees to complete a W-9 form and provide it to the County.

4. The parties agree that this contract may be canceled if fewer than / persons enroll in a class or workshop. The Director of Parks and Recreation Department or designee may cancel a class, workshop, event, or services to be rendered under this agreement due to inclement weather. Either Party may terminate this agreement by providing 48 hours notice to the other party.

5. Contractor agrees that any entertainment group must be prepared to begin performing 15 minutes prior to the opening and must be out of the facility ;s--""'lvwfes hour(s) following the performance.

6. Contractor agrees that entertainers are allowed one 10 minute break during each one our played.

7. County shall not be required to purchase any insurance against loss or damage to any personal property of Contractor. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the contractor shall bear the risk of any loss or damage to personal property of Contractor.

8. County assumes no liability for the acts of Contractor during the times the contractor is fulfilling this contract, and except for those liabilities covered by insurance policies otherwise maintained through the County, the Contractor shall hold the County harmless for any negligent or intentional acts or omissions preformed by the Contractor. Nothing contained herein shall be construed to hold Contractor in any capacity with the County other than that of an independent contractor.

9. Contractor agrees to not unlawfully discriminate against any person because of race, religion, creed, color, age, sex, disability, national origin or ancestry in the admission or access to, or treatment in any programs, activities, or events.

SHAWNEE COUNTY Department of

Emergency Management 200 SE ih Street

Emergency Operations Center Topeka, KS 66603

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

December 17, 2012

MEMO: Emergency Vehicle Permits

·TO: FROM:

County Commission Dave Sterbenz, Director //tJ

Submitting permits request for your review and approval from: Rodney Humbert and Shawn Luca, Soldier Township Fire Dept.

Mitigation Preparedness Response Recovery

12-041 PERMIT NUMBER

Name: Rodney Humbert

Address: 3742 NE Kincaid Road

City: Topeka, Kansas 66617

Vehicle Make/Year Ford/2005

V.I.N.#: 1 FTSW21 P55EB68077

EMERGENCY VEHICLE PERMIT

(VEHICLE COPY)

EXPIRATION DATE

County: Shawnee

ModeVStyle: F-250 King Ranch/Pickup

License Tag:_.E_..F ...... 9 ...... 9"""50...__ __ _

Purpose for which it is to be used: Emergency fire and rescue response for Soldier Township Fire District I Shawnee County.

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

SHAWNEE COUNTY EMERGENCY MANAGEM~NT// ./ ~:#J· .. / Dec 17 2~'~12 ~q ~ A_,~#/k~z4"'' Date: ~., u By:_ f.;" '<7" · ,'A:e. ·· /

SHAWNEE COUNTY BOARD OF COMMISSIONERS:

Date: _________ By:..,__ -----------------

(Authorized by K.S.A. 8-201 Oa, as amended, K.S.A. 8-201 Ob, as amended, and Shawnee County Resolution #92-154.)

Rev. 4 09/99 SCEM Form No: 107.2

12-042 PERMIT NUMBER

Name: Shawn A. Lucas

Address: 3610 NE Wenonah

City: Topeka, Kansas 66617

Vehicle Make/Year Chevy/1999

V.I.N.#: 1 GECK19TOXE131218

EMERGENCY VEHICLE PERMIT

(VEHICLE COPY)

EXPIRATION DATE

County: Shawnee

ModeVStyle: Silverado/4x4 Ext. Cab

License Tag :_EwE'---Ll16o..~..o.5.L.I.OOt-._ __ _

Purpose for which it is to be used: Emergency fire and rescue response for Soldier Township Fire Department I Shawnee County.

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

SHAWNEE COUNTY EMERGENCY MANAGEMENT: . . # -/ ~ 1--t!;;l-:/

Date: DEC 1 7 2012 By:_ $"'~$4k:7 SHAWNEE COUNTY BOARD OF COMMISSIONERS:

Date: _________ By:=-------------------

(Authorized by K.S.A. 8-201 Oa, as amended, K.S.A. 8-201 Ob, as amended, and Shawnee County Resolution #92-154.)

Rev. 4 09/99 SCEM Form No: 107.2

Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street

Topeka, Kansas 66603-3933

Memorandum


To: Board of County Commissioners

From: 1ttV Pat Oblander, Information Technology Director ~

RE: Maintenance Agreement with Alexander Open Systems.

~590.1./0

Please consider for approval a renewal of an/annual service agreement with Alexander Open Systems in the amount of .$8,~42.30 for SmartNet support for 11 Cisco network switches. These switches provide the core connectivity for all devices connected to the Shawnee County computer network.

Funding for this purchase, $6,590.40, is contained within the Information Technology 2012 budget.

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

CPO/mro

fax 785-2.91-4.907 phone 785-233-8200 exl 4030

Alexander Open Systems, Inc. QUOTATION

Kansas Citv 12851 Foster St Overland Park, KS 66213 Phone: 913-307-2300

Fax: 913-307-2380

Wichita 345 Riverview #605 Wichita, KS 67203 Phone: 316-269-1400

Fax: 316-269-1403

Topeka 1 000 S. Kansas #1 03 Topeka, KS 66612 Phone: 785-228-2727 Fax: 785-228-9677

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

QUOTE TO:

ACCOUNTS PAYABLE SHAWNEE CO. INFORMATION TECH. 1515 NWSALINE SUITE225 TOPEKA, KS 66618

Phone: (785) 233-8200

Fax: (785) 291-4965

ANNUAL CISCO SMARTNET RENEWAL NOTIFICATION

Cisco SMART net Contracts in force by type of coverage: • SMARTnet 8x5xNBD coverage (CON-SNT): 2063204

Tenms of Renewal: Coterminous end date adjustment to all equipment for DECEMBER 31, 2013

Actions Requested:

SHIP TO:

SHAWNEE CO. INFORMATION TECH. 1515 NW SALINE SUITE225 TOPEKA. KS 66618

Quote No.: 0095048

Customer tD: SHAWN-004

Date:: 12/1312012

Sales Rep: MOREYS

Designer. HALEYT

1. It is strongly recommended that serial numbers denoted be verified for accuracy. There is no Cisco SMART net database notification(s) of equipment and serial number replaced by Cisco maintenance actions. 2. Denote any equipment location changes or removals from service. 3. Authorize and return as soon as possible for account maintenance and accurate billing.

Kansas State Contract #1 0330

Thank you for the opportunity to be of service I

QTY MFGPARTNO. SERIAL NO. EQUIPT LOCATION BEGIN DATE END DATE PRICE

CONTRACT# 2063204 SNT

1.00 AIR-AP1231G-A-K9 FTX1033E1K4 TOPEKA 01/01/2013 12131/2013 82.40

1.00 AIR-AP1231G-A-K9 FTX1139EOOB TOPEKA 01/01/2013 12/31/2013 82.40

1.00 AIR-AP1231G-A-K9 FTX1139EOOC TOPEKA 01/01/2013 12131/2013 82.40

1.00 AIR-CT5508-12-K9Z FCW1414L01W TOPEKA 01/01/2013 12/31/2013 704.00

1.00 WS-C3750G-12S-E CAT0846X19F TOPEKA 01/01/2013 12131/2013 805.60

1.00 WS-C3750G-12S-E CAT0936N5AQ TOPEKA 01/01/2013 12131/2013 805.60

1.00 WS-C3750G-12S-E CAT0937Z1 SZ TOPEKA 01/01/2013 12/31/2013 805.60

1.00 WS-C3750G-12S-E CAT101BZ2WK TOPEKA 01/01/2013 12/31/2013 805.60

1.00 WS-C3750G-12S-E CAT1018Z2XH TOPEKA 01/01/2013 12131/2013 805.60

1.00 WS-C3750G-12S-E CAT1120ZHFU TOPEKA 01/01/2013 12/31/2013 805.60

1.00 WS-C3750G-12S-E FD01136Z5AG TOPEKA 01/01/2013 12/31/2013 805.60

Merchandise Total

Tax Total

Shipping

Document Total

EXT. PRICE

82.40

82.40

82.40

704.00

805.60

805.60

805.60

805.60

805.60

805.60

805.60

$6,590.40

6,590.40

0.00

0.00

$6,590.40

Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street

Topeka, Kansas 66603-3933

Memorandum


To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Maintenance Agreement with CA Technologies ..

Please consider for approval a software licensing agreement renewal with CA Technologies for theCA Relia II Workbench software suite. This software supports conversion of warrants data received from the City of Topeka.

Funding for this purchase, $2,11 0.94, will be paid for by the Information Technology Department from funds in the 2012 budget.

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

CPO/mro

phone 785-233-8200 exl 4030

Quote Number: 12172012MS Quote Expiration: 12/27/2012

CA Contact Information Name: Megan Spayde Email: [email protected]

Client Contact Information

Product Renewal Notification

Phone Number: 813-635-7162 Fax Number: 813-635 7102

Contact Name & Email: Randy Robert ([email protected]) Phone No: 785-233-8200 X4498 Bill to Contact & Address: 200 SE 7th St., Topeka, KS 6663-3922 Ship to Contact & Address: 200 SE 7th St., Topeka, KS 6663-3922

SiteiD: _ _..::..96::.:3:..:::5 __ Site: SHAWNEE COUNTY

Contract No. Product Authorized Use

40162452-25 *CA Realia II Workbench 3 UMF /Instance License $2,110.94

All products were previously delivered and therefore will not require shipment

Payment Date Payment Amount (tax not included)

12/14/2012 $2,110.94 Total $ 2,110.94 USD

All payment amounts are hereby committed through the Renewal Period defined below.

Renewal Period: ____ .:;..12-'-/"-14-'-/2-'0'-1_2 ____ through 12/112013

*Notwithstanding anything contained herein or in the License Agreement to the contrary, Licensee understands and acknowledges that C4 Realia II Workbench have been stabilized by CA which means that, although CA is currently providing telephone support for such Licensed Program, CA is not providing enhancements, or new releases or modifications of the Stabilized Product. Licensee agrees that CA has no obligation to provide any such enhancements, modifications or new releases and that no charge for the same has been included in the fees payable under this agreement.

Check box if applicable: 0 Please cancel maintenance/license for the following contract numbers(s): Please furnish cancellation reason.

Please sign and return by fax or email to the CA contact above.

Authorized signature: Date: -------Printed Name: Title: -------Company Name: Telephone#:

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of -------' 20_, by and between, Breakthrough House/Freedom House, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Eight Thousand Six Hundred Eighty Eight No/100 Dollars ($8,688.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount from the County's General Fund To the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2.

3.

The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/41) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2013 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2013, to the Financial Administrator. The audited financial statements requirement may be at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/1 00 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. :pe e ularl scheduled meetings of the Board o Dir ctor of the Provider are held at ~ (location), on the (date of the month , at B A.M.6

20. The Provider agrees to hold harmle and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk


Chairman

APPROVED AS TO LEGALITY AND FORM:

Shawnee County Counselor

PROVIDER:

~.~~., who is Designated as the Director under Paragraph 3 of this Agreement)

EfoMt vll f)c®:kc (Title) ·

{jt)) 2.JL-Iar{07 (Work Phone Number)

Approved as to Legality

~iifllihlijjjj;/2-\SST. C · COUNSELOR

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of _________ , 20_, by and between Breakthrough House Inc/ Living Program hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the CountySeventeen Thousand Seven Hundred Twelve No/100 Dollars ($17,712.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.



2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.


5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2013 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2013, to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.


8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget .or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

1 0. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.






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







19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. T e r ularly scheduled meetings of the Boar of Directors f the Provider are held at . ~ (location), on the (date of the month , at A.M.6

20. The Provider agrees to hold harmles nd indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.




ATIEST:

County Clerk


Chairman


PROVIDER:

(~~}ilkl, who is Designated as the Director under Paragraph 3 of this Agreement)

fpfirW /Jrtei~ (Tr e ·

(yflS) 1-"Sl-/og() 9 (Work Phone Number)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of --....,.----' 20_, by and between Community Action/Project Attention, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Sixty Four Thousand Eight Hundred No/1 00 Dollars($64,800.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.







6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2013 to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.


8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A"; and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.


11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County. ·




13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are (umished in whole or in part by the County.







19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly scheduled meetings of the Board of Directors of the Provider are held at S \JJ Y~~ t v 1'-. tA (location),onthe ~eu:J\'\.cl ~~'"'-r)t\q1 (dateofthemonth),at S:_ A.M.~

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents tc:i all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.



ATIEST:

County Clerk


Chairman



PROVIDER:

0s., \~, "" {tr.~~ (Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

'C.-x. e CM. + \ -J .t. l) 1 r ...LC t-{) r (Title)

ll<tS~ J.3.S- ~5 \o\ (Work Phone umber)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ------' 20_, by and between Doorstep Inc/Emergency Services, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Eleven Thousand One Hundred Eighty Four No/1 00 Dollars($11, 184.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.


1. · The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.




5. Payments under this Agreement will be made as follows: one-fourth (1/41} of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2013 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2013, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this


9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/1 00 Dollars ( 500. 00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.


11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County. ·





14. No officer, member or employee -of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.






19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly scheduled meetings of the Board of Directors of the Provider are held at Ill q ~ 1 oti<t ~ (location), on the ')_.t;:!J... TlNed r~ ~ h'\.9. (date of the month), at I a.~ ..u A.M. @)




AGREEMENT

THIS AGREEMENT, MADE and entered into this day of :-----:----:::-----:-~-:-:· 20_, by and between Kansas Legal Services/Social Security Advocacy, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Twenty Two Thousand Five Hundred Fifty Two No/100 Dollars ($22,552.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.


1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund To the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.














13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the · Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

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







19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly scheduled meetings of the Bo~rd of Directors of the Provider are held at C I, >lahow, .rnr (location),onthej :fk~o-f ~ .Aeol (dateofthemonth),at r·.oo •· P.M.

4-Q::t c -t" )_"riJ For I Jo. '( of I :JV ~~ 20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents

or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.



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

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written. -

ATTEST:

County Clerk


Chairman



PROVIDER:

Jflcu~ ~ · (Authorized AQefltfttle Pi"OVider who is Designated as the Director under Paragraph 3 of this Agreement)

(Title)

(Work Phone Number)

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

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of .,...........--..,..-----..,..-'' 20_, by and between Let's Help/Emergency Services, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Thirty Thousand No/1 00 Dollars ($30.,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretof~re allocated this amount from the County's General Fund for such purpose.



2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.




6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2013 to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.


B. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/1 00 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.













19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. T~e regulp[IY scheduled meetings of the Board of Directors of the Provider are held at uts Hi.[p I Ltc:. . ~ (location), on the t st' rviDrldruj (date of the month}, at 4; BC>"~--5"-"~.M. ~





ATTEST:

County Clerk


Chairman



PROVIDER:

~ec.LAf::i've_ hr' V'edz:v (Title) ·

78S. 27o.SZ-3S (Work Phone Number)

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

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of -~~--:--~ 20_, by and between Marian Clinic/Dental, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Thirty Thousand No/1 00 Dollars ($30,000.00) to be used in payment for providing certain specified social services durlng the project to commence Jamrary 1, 2013 and to continue through December 31, 2013, .and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.


1.. The County agrees to encumber the aforesaid amount from the County's General Fund To the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth In the Agreement

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"),. or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shalf1)e responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response. be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator. :

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2013 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed ~y the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocatlon to the Financial Administrator. In the addition, the Provider will submit an audited financial statement forthe Provider's prior year no later than June 30, 2013, to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which It is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources ofthis Provider.

i·

! l I

I I I

I I j j l t

8. The parties mutually agree that no expenditute of County funds shall be made except as specified In the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (10) days in advance of the purchase by the County. It is further agreed that aU real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected usefuUlfe of three (3} years or more, shall be titled In the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or tennlnation of County funding to the Provider.

10. The parties agree ihat the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fall to fulfill in a timely and proper manner the obligations of the Provlderunder this Agreenumt, or If the ProVIder shall violate any of lhe covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in Its application for County assistance or attachments thereto, Including but not limited to the specification of services to be performed and the Provider's access to funds from. sources other than the County or If the County shall after careful scrutiny of the project determine that the effectiveness of the project Is not sufficient to merit Its continuation and upon approval of the County said Agreement shall be canceled and allun&xplalned funds shall be returned to the County by the Provider within thirty (30) days · following the notification of the Provider of said action by the County.

11. The Provider represents that It has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under Its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shalf be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder.· Such changes, Including any Increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or Which may be requlred by the County hereunder, shall be incorporated by written amendments to this Agreement

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, appHcants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex,. age, physical handicap or national origin. The Provider shal~ In all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider. state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished In whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in'the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement whicl'l affects his or her personal Interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any Interest in this Agreement, and shalf not transfer any interest In the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no Interest and shall not acquire any interest, direct or indirect, which would conflict In any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agree men~ no person having any such Interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a tiHe page:


18. No reports, records or other documents produced In whole or In part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

20. The Provider agrees to hold harmless and lnCJemnlfy the County and any of its officers, agents or employees from any and all liability for claims or cal.lses of action of any person, firm or corporation, or of any entity for damages of any type whatsbever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reportS as requested by the County for a period of two (2) years after completion of tills Agreement, and doE!s hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.


IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written. ·

ATTEST:

County Clerk


Chairman

APPROVED AS TO LEGALITY AND FORM;

. Shawnee County Counselor

r I ' '

,-----------------------------------------------

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ______ , 20_, by and between Positive Connection/Case Management & Emergency Assistance, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Twenty One Thousand Eight Hundred Twelve No/100 Dollars ($21,812.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.
















13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color,· religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.







19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regula[ scheduled , , meetings of the Board of Directors of the Provider are held at I COl 5W oA ~ (location), on the '{Q(Ious"Jb, '~fS (date of the month), at lQ:c£) A.M.~





ATIEST:

County Clerk


Chairman



PROVIDER:

(Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

E~~ (Title)

(Work Phone Number)

,(\pproved as to Legality

aiJ::l;;1 Date ~r;:JiL

ASST. c&flluNSELOR

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ______ , 20_, by and between Positive Connection/Prevention, Education, Tesing, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Eight Thousand Eight Hundred Twelve No/100 ($8,812.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.









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



10. The parties agree that the County shall- have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.












19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agen~a of said meetings. The regula~:ctleduled meetings of the Board _of Directors of the Provider are held at ICC! a 1 l ~f!e.ld ~ (location), on the !Xlri%Tbu~ (date of the month), at I a·· to AM~




IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of ~he date first above written.

ATTEST:

County Clerk


Chairman



PROVIDER:

~Ji{JuiMu~ (Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

E~lillMMOL (Title) ··

(Work Phone Number)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ::=-~:-:---:--~-· 20_, by and between Topeka Day Care Center, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Five Thousand Five Hundred Sixty No/1 00 Dollars ($5,560.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.






5. Payments under this Agreement will be made as follows: one-fourth (1/41) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2013 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.




9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (10) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.







.. _:.)

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







19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regula~ly schedul~dd 'meetings of the Board of Directors of the Provider are held at O.re.£J-\f1 cw 1J1 eJhod I~ \.ltA.df'

(location), on the ,1-nd ]\1vrsd.D.~ dfocb avmth .. (date of the month), at .5130 A.M. ~





ATTEST:

County Clerk


Chairman



PROVIDER:

(Title) ·

16S-d-1Z---SDSI (Work Phone Number)

Approved as to Legality and Form: Date/t-[7-/Z

~dud ASSf. ~OUNSELOR

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

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of -:--------:----::-~:--:-~· 20_, by and between YWCA/Center for Safety and Empowerment, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Twenty Thousand Eight Hundred Eleven No/1 00 Dollars ($20,811.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.



2. The County Auditor"'Financial Administrator, (hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.



5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2013 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each. quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.




9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (10) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/1 00 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.







----------------------------------------------------,







19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided' an advance agenda of said meetings. The re..9ularly scheduled meetings of the Boar of Directors of the Provider are held at ~C. A ~ (location), on the I Sd (date of the mont , at 5: 8P A.M.~





ATTEST:

County Clerk


Chairman



PROVIDER:

(Work Phone Number)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of :----:-~-~~_.:· 20_, by and between Catholic Charities of NE Kansas/Friendly Visitors, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Twelve Thousand No/1 00 Dollars($12,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.


1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director,· who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider.,.-and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.




7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to- this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

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


9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (10) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/1 00 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding ·by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and ~II unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.




12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreerr1ent.





17. All reports, records and other documents completed as a part of this agreement shall carry the following notation- on the front cover or a title page: ·


18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees. .-.- , h A /. ,

:trx~l( rrdU/ ~/ ~l'?et/ d the County Counselof shall be ex officio non-voting

members of the -liQaf=Elk*..Qi.l:cl:ef=e;..o·f the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The r:ularly

1/

scheduled meetings C?f the Board of Directors of the Provider are held at (} .jlj_ 5 . KtY:Jj::1 $ (location), on the Th, rd. Wee\ nC2.0a,.~ate of the month), at y· <:>C0 A.M. ~





ATTEST:

County Clerk


Chairman


ft - , \... - ''\. v------Shawnee Cou ty Counselor

PROVIDER:

(Title)

913-"/3:3- ~/o;z (Work Phone Number)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of -------' 20_, by and between Community Action/Elderly Services, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Thirty Three Thousand No/100 Dollars ($33,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.












11. The Provider represents that it has, or will secure, all personal required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.











19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly scheduled meetings of the Board of Directors of the Provider are held at ~\..rJ ~ ~ 7 (_ -e"' t 'f./' (location), on the ),"' c\ '"' v.r s clo-1 (date of the month), at ~ ·. 3<.\ A . toM)




. IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk


Chairman



PROVIDER:

0h \4\ ~(M~~ (Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

Sxe<:.M hJ .4.. D 1 r .tct-ol' (Title)

l1! ~ J..~S- q ~~.a\ (Work Phone ~mber)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ~~-----' 20_, by and between Community Resources Council/Administration, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Eighteen Thousand Five Hundred Eighty Three No/1 00 Dollars($18,583.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.









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









14 .. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.






19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The ~ A ~<~A ~J}t. scheduled meetings of the Board of Directors of the Provider are held atd . ~ v_r · . ~" (location), on the-/t)fur:;::fq.J.i~. ~ (date of the month), at 5: 3G AM/P.M. ~do





ATTEST:

County Clerk


Chairman


lt-l'l-1 '- ~ ~ Shawnee Cou y Counselor

PROVIDER:

Gxe~j{);q=a.~r (Title)

(Work Phone Number)

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

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ~~~~-~-· 20_, by and between East Topeka Senior Center, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Seventy Two Thousand No/100 Dollars ($72,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.










9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (10) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.






13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The

( Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.






18. No reports, records or other documents produced in whole or in part under this Agreement shall· be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly scheduled meetings of t~e Board of Directors of the Provider are held a~IS G (location), on the J/;rcd Lhurs (date of the month), at )J,~ A.M. P.M.





ATTEST:

County Clerk


Chairman


PROVIDER:

orized Agent of the ider o is Designated as the Director

under Paragraph 3 of this Agreement)

($~ (Title)

(Work Phone Number)

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

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ----::---:~~:------:-·• 20_, by and between Jayhawk Area Agency On Aging Inc., hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

. WHEREAS, the Provider desires to receive from the County, Fifty Thousand No/1 00 Dollars ($50,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.











16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.




19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. T egularly t~~llt:' , scheduled meetings ohtlle !J]~ectors of the Provider are held at l/rt7U (location), on the ·~ !l:!l- .U '4e( (date of the month), at .M. P.M.





ATTEST:

County Clerk


Chairman



PROVIDER:

~tt~ llwdtu (Titl J

tzf:S) a:s~ late 7 (Work Phone Number)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of .,..,.....---.,,....,......----' 20_, by and between Kansas Legal Services, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Thirty Four Thousand Three Hundred No/100 Dollars ($34,300.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.









8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agr~ement as if fully set forth herein.














19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly ...,...., scheduled meeting~of the Board of Directors of the Provider are held at C Lvla hOuse ..}..nn (location), on the 3 ~~ of .:Cn kd " (date of the month), at ItO c) ~P.M.

Od- "t :J. Frccl~'v+--r~.t11, 20. The Provider agrees to hold harmless and inaemnify the County and any of its officers,

agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.




ATTEST:

County Clerk


Chairman


Shawnee Count

PROVIDER:

fxec.r,hw bwecwr K~ kqaf Serv!Ge.s (Title) ~ '

(Work Phone Number)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of -------------'' 20_, by and between Let's Help Inc/Friendly Visitors, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Thirty Thousand No/1 00 Dollars ($30,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.
















13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations· or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.







19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularlY r _

scheduled meetings <f the Board of Directors of the Provider are held at :t:s lk.J fJff"c._ (location), on the /$J: MotAc!CU( (date of the month), at 'f3D~.3DA.M.




.--------------------------------------------------


ATTEST:

County Clerk


Chairman


{'\.. f\-· t ~ 0 c.-fL-.

Shawnee Count Counselor

PROVIDER:

" bx WA..~-fi· ve._ 0 vuJ-iYY (Title)

(Work Phone Number)

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

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ~-~----' 20_, by and between Lulac Senior Center, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Fifty Five Thousand No/1 00 Dollars($55,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the pa,rties hereto do mutually agree as follows:








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










9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/1 00 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titied in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.













19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly scheduled meetings ofJhe Board of Directors of the Provider are held at Top?la-. ~ (location), on the :3r \'fu,.v\.~ (date of the month), at (o:oo A.M. . . ·





ATTEST:

County Clerk


Chairman


PROVIDER:

~io0R (Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

(Title)

(Work Phone Number)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ~-::=--:-:---::---.' 20_, by and between Meals on Wheels/Home Delivery, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, One Hundred Fifty Three Thousand No/100 ($153,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.












17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page: '



19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regu~rly . ~-- 12 ,.v)'q scheduled meetings of the Board of Directors of the Provider are held a~10/SW l;asf"{'.j.~~~~ ...)()~h J CJr~· (location), on the jt-d /.J.Jqdoe~day (date of the month), at I ..a_: 00 AM~




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







19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly <' _ 12 ,Mfl/ scheduled meetings of the Board of Directors of the Provider are held a~10ISW[asf~v~ ...::vtt:f-11\J ()r~· (location), on the j~'d U.lfltioexday (date of the month), at /_d: 00 AM~:)





ATTEST:

County Clerk


Chairman


(l.fl·{\.. ((<--

Shawnee Coun

( uthorized Agent of the Provider ho is Designated as the Director nder Paragraph 3 of this Agreement)

~.;ClEO (Title)

(Work Phone Number)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of _______ , 20_, by and between Meals on Wheels/Friendship Meals, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Seventy Five Thousand No/100 Dollars ($75,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.















19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regulsrly , . . -r;:,_A~ scheduled meetings of the Board of Directors of the Provider are held at 017fJ/Sidl:t!tf~ vl'.!i?trHJ., t~F'' (location), on the 3rd. /J..Jedoesday (date of the month), at ;.;;: oo A.MC::,V




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


ATIEST:

County Clerk


Chairman


fl.l'-·;&.. ~lr Shawnee County ounselor

Au orized Agent of the Provider who is Designated as the Director und r Paragraph 3 of this Agreement)

~L;{!fiJ (Title)

(Work Phone Number)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ---:~:-:-:----::-::::---:-:-' 20_, by and between Papan's Landing Senior Citizens Center, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Forty Two Thousand Seven Hundred Sixty Seven No/100 Dollars($42,767.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.




3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director,· who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.


5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2013 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the

. Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.





1 0. The parties agree that the County shall have absolute and unqualified authority to ~erminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.








16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be 'performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.




19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regular!~ scheduled meetings ~e Boar of Directors of the Provider are held at kltl&k.!~'fff!/1!!/'& (location),onthe 3 (dateofthemonth),at t/):15 A.M.





ATTEST:

County Clerk


Chairman


'"·1'-·1"'- ~ ~ ... Shawnee County ounselor

PROVIDER:

(Authorized Agen of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

(~ ?65-c!l3bJ-19t g

(Work Phone Number)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of -------' 20_, by and between Rossville Senior Citizens Center, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, · hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Nine Thousand No/1 00 Dollars($9,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.







6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2013, to the Financial Administrator. The audited finarJcial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.








19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. Th regularly ll f. scheduled meetings of the Board of Directors of the Provider are held at ,.. . I\....\:' e"'"" -<A...;

(location), on the ~tv;! "'J 1<J. (date of the month), at ILJo S: A.M. .M.




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


ATTEST:

County Clerk


Chairman


PROVIDER:

(Title)

(Werk-Phone Number)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ----~~-----~-· 20_, by and between Silver Lake Senior Citizens Inc, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Three Thousand Five Hundred Seventy No/1 00 Dollars($3,570.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.






5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2013 or such other payment arrangements as approved by the Financial Administrator. Within thirty {30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.









12. The County may require changes ·in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.








19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regular scheduled meetings of the Boarq of Directors of the Provider are held at _j~·~· ~~=-,.::::::::;;.....,.. (location), on the f1v....J c;J~ (date of the month), at 1'2 /3

o-20. The Provider agrees to hold harmless and indemnify the County and any of its officers,

agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.




ATTEST:

County Clerk


Chairman


, ... ,, .. ff'L t (A


PROVIDER:

(Authorized A nt of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

(Title)

t.j{)3( (Work Phone Number)

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of -------' 20_, by and between Valeo Behavioral Health Care/Senior Outreach Services, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Thirty Three Thousand Three Hundred Sixty Three No/1 00 Dollars($33,363.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2013 and to continue through December 31, 2013, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.




3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director,· who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.












13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant.for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.



16. The Provider converiants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.




19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly ) scheduled meetings of the Board of Direc ors of the Provider are held at .3 .30 tt:J Q... k ~:!" "-1 (location}, on the e.s ~ (date of the month}, at .5 ~ 3 o A.M.@ C7





ATTEST:

County Clerk


Chairman


( Lt ''- (rl.... ~ ~'--Shawnee County ounselor

PROVIDER:

(Authorized Agent of the Pr tier who is Designated as the Director under Paragraph 3 of this Agreement)

(Title)

76'.5 c:::2d~ 3 ~ 7/ (Work Phone Number)

December 17, 2012

Shawnee County

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

MEMORANDUM

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

785-368-2200


FR: Herman T. Jones

RE: Agency VISA Card

Undersheriff Terry L. Maple assumed his position on December 3, 2012. As consistent with our other agency cards, we need to have a VISA card issued in the name of Terry L. Maple, Shawnee County, with a limit of $2,000.00.

Please place this on the Thursday, December 27, 2012 consent agenda.

Sincerely,

~~7er---Herman T. Jones . Sheriff

TO BE READ AND SIGNED BY RECIPIENT OF SHAWNEE COUNTY CREDIT CARD:

All Shawnee County credit cards shall be used strictly for Shawnee County business. At no time shall any Shawnee County issued credit card be used to pay for personal expenses incurred by the user. Any charges for personal expenses shall be the sole responsibility of the user. In addition, any employee who charges or attempts to charge personal expenses to a Shawnee County credit card shall be subject to the disciplinary procedure as established by the Shawnee County Personnel Rules and Regulations and/or any applicable Union contract.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THE ABOVE PARAGRAPH, THAT I UNDERSTAND AND AGREE TO THE SAME.

RESOLUTION NO. 2012~7

A RESOLUTION AUTHORIZING THE ISSUANCE OF A CREDIT CARD FOR OFFICIAL USE BY A COUNTY EMPLOYEE

WHEREAS, Undersheriff Terry L. Maple, an employee of Shawnee County has made proper

application for the issuance of a credit card for official purposes; and

Whereas, the Purchasing Director and the Audit Finance Administrator has determined

that Undersheriff Terry L. Maple has demonstrated the need for a credit card for official purposes; and

WHEREAS, the Purchasing Director and the Audit Finance Administrator recommend

approval of Undersheriff Terry L. Maple application for a credit card for official purposes:

NOW THEREFORE, the Board of County Commissioners of the County of Shawnee,

Kansas, sitting in regular session on this _ day of 20 12 resolves to authorize Undersheriff Terry L. Maple to obtain and use a credit card for official purposes only, subject to the normal purchasing

procedures as set forth in Home Rule Resolution 2009-2. This authorization is automatically withdrawn and

revoked upon the cessation ofUndersheriffTerry L. Maple's employment with Shawnee County, and upon such

occurrence, he shall immediately return any Shawnee County credit card in his possession to his

Supervisor or other representative of Shawnee County.

ATTEST:



Ted Ensley, Chainnan

Mary Thomas, Vice Chair

Michelle A. Buhler, Member

Shawnee County



785-368-2200

MEMORANDUM

December 17, 2012


FR: Herman T. Jones

RE: Contract for Chaplain Services

The Shawnee County Sheriff's Office has entered in to a contract with Chaplain John Hansen for services in 2013. The monthly expense will be paid with Budget funds. Enclosed is a copy of the contract, so that a contract number may be assigned.


d£ Herman T. Jones Sheriff

SHAWNEE COUNTY SHERIFF'S OFFICE'S CONTRACT FOR CHAPLIAN SERVICES

NOW, on this 1st day of January 2013 Herman T. Jones the Sheriff of Shawnee

County, Kansas, hereinafter referred to as the "Sheriff' and Chaplain John Hansen residing at

3510 SE Tomahawk Ct ofTopeka Kansas hereinafter referred to as" Chaplain "does

agree as follows:

I. The period of agreement is from January I 2013 to December 31, 2013. The

Chaplain is not an employee for the Shawnee County Sheriffs Office, but is a separate

independent contractor. Either party may terminate the contract by giving the other party

thirty (30) days notice. This agreement may be renewed based on the agreement of the parties.

The renewed contract must be in writing.

2. The Chaplain agrees to provide counseling in various aspects of life, including

critical incidents and stress management. Such services may also include teaching various classes,

conduct various religious rights, and willingness to serve on a moment notice. The Chaplain

agrees to be a team member along with other Chaplains at other agencies. The Chaplain should

also have an understanding of military chain of command.

3. The Chaplain agrees that the first line of service is to the men and women of the

Sheriffs Office. This includes those in uniforms and civilians that need his services and comfort.

The second line of service is to the civilian population. The Chaplain interacts with individuals

who have become victims to crisis events. The Chaplain is a silent partner helping Shawnee

County Sheriff's Office employee staff and civilians through difficult times and events.

4. The pay to the Chaplain is $500.00 per month.

5. The Chaplain and the Sheriff are responsible for their own liability insurance.

Both parties agree to hold the other harmless and indemnify the other for liability. The Sheriff

shall not be responsible for, nor indemnify the Chaplain for any federal, state, local taxes which

may be imposed on the Contractor.

1

Sheriff Herman T. Jones Chaplain John Hansen Shawne County Sheriff's Office Independent C actor

I :..-4~~~~--+~::::.Date~'"""/)- ,..----...~·~~,(&:.~~~ate /L.-17-(2_

{ John H sen

2

Shawnee County



785-368-2200

MEMORANDUM

December 14, 2012


FR: Herman T. Jones

RE: Rear Transport Seats

The Shawnee County Sheriffs Office is purchasing 29 rear transport seats for new vehicles. These will be purchased from Ed Roehr Safety who was low bid. Total amount of this purchase is $21,095.85 and will be paid from budget.


Sincerely,

Shawnee County



785-368-2200

MEMORANDUM

December 17, 2012


FR: Herman T. Jones

RE: Morpho Trak

]if_ II

We will be renewing our maintenance agreement with MorphoTrak the RapiD fingerprint scanner. Agreement period is 12/1/12 - 11/30/13 in the amount of $590.00 Please place this on the Thursday, December 20, 2012 consent agenda.

Sincerely,

~ Herman T. Jones Sheriff

SsAFRAN MorphoTrak

MAINTENANCE SERVICES AGREEMENT

This Agreement is made and entered into by and between MORPHOTRAK, INC., ("MORPHO") and the customer identified below ("Customer"). This Agreement includes, and incorporates by this reference, the Basic Terms and Conditions set forth below, a Description of Supported Equipment and Software, MORPHO's Maintenance Services Agreement Terms and Conditions (the "Agreement"), and attached pricing spreadsheet(s), if relevant.

Customer (or a third party) entered into an Agreement for Purchase and Sale of Hardware and License of Software with MORPHO (the "Base Agreement") dated as of the date set forth below, pursuant to which Customer possesses the Equipment and Software (if the Base Agreement is between MORPHO and a third party, please. write the name of such third party here: Kansas Bureau of Investigations.

Customer hereby orders, and MORPHO hereby agrees to provide, support services for the Equipment and Software during the Term in accordance with the terms of this Agreement. It is understood that if Customer submits a purchase order for the support services which are the subject of this Agreement, such order shall be subject to all terms and conditions of this Agreement with the same force and effect as if they were included on the Customer's purchase order.

MORPHO may revoke this offer at any time prior to receipt of Customer's signature. Unless otherwise agreed, this offer shall expire if not signed and returned to MORPHO by Customer within thirty (30) days after the date of MORPHO's signature.

BASIC TERMS AND CONDITIONS

Base Agreement Date : October 31, 2007 I Effective Date: December 1, 2012

1. Customer's Site(s):

Shawnee County Sheriff's Office

320 S. Kansas Ave., #200

Topeka, KS 66603-3641

2. Initial Annual Fee:

$590*

•subiect to a 5% escalation fee in each subseauent vear

3. Unit Failure: MORPHO will only repair or replace failed units that exhibit normal wear and tear. MOP RHO will not repair or replace units which fail due to

abuse, improper handling, or operation outside the intended purpose of the unit. If unit fails and Customer contacts MORPHO by 3 pm local time (at

Customer site), MORPHO will use commercially reasonable efforts to ship a replacement unit to the Customer site via two (2) day air.

Terms defined elsewhere in this Agreement will have the same meanings when used herein. Customer acknowledges that it has received, read, understands and agrees to all of the provisions contained in this Agreement and attachments hereto.

SHAWNEE COUNTY SHERIFF'S OFFICE MORPHOTRAK, INC.:

By (Signature): By (Signature):

Printed Name: Printed Name:

Title: Title:

Address: Address: 33405 a'• Avenue South

Federal Way. Washington 98003

Date Signed: Date Signed:

DESCRIPTION OF SUPPORTED EQUIPMENT AND SOFTWARE The Equipment shall consist of: 1 Morpho RapiD Unit

The Software shall consist of: Morpho RapiD Kansas Software Build

MAINTENANCE SERVICES AGREEMENT (RAP ID)- Rev. 04/09 PAGE1 OF5

SsAFRAN MorphoTrak

MAINTENANCE SERVICES AGREEMENT TERMS AND CONDITIONS

These Maintenance Services Agreement Terms and Conditions are part of the Maintenance Services Agreement ("Agreement") between MORPHOTRAK, Inc. ("MORPHO") and the customer identified on cover sheet of this Agreement ("Customer"). MORPHO and Customer agree as follows:

SECTION 1. DEFINITIONS

"Annual Fee" means the annual fee payable for Basic Services. The Annual Fee payable during the initial Support Year is specified on the cover sheet of this Agreement. MORPHO may change the Annual Fee for any subsequent Support Year by giving Customer written notice of the change at least thirty (30) days prior to the beginning of the applicable Support Year. In addition, as provided below, MORPHO may increase the Annual Fee in any given Support Year as provided in Section 2.7 below.

"Basic Service" means the services described as Basic Service in Section 2.

"Business Days" means Monday through Friday, exclusive of Customer's business holidays.

"Business Hours" means 8:00 a.m. to 5:00 p.m., local Time on Business Days.

"Effective Date" means the Effective Date specified on the cover sheet of this Agreement.

"Confidential Information" means any trade secret, proprietary, or confidential information of MORPHO's disclosed to Customer that, upon or promptly after disclosure by MORPHO, is marked or otherwise identified as proprietary or confidential, or which Customer otherwise knows or has reason to know is proprietary or confidential. Without limiting the generality of the foregoing, the parties hereby specifically agree that the following items constitute Confidential Information: (i) the Software and any Enhancements or updates thereto; (ii) the CAXI, FCP, FIP and MORPHO processor boards and image compression boards (collectively, the "Boards"), if any, along with any Enhancements to the same; and (iii) any technical information, data, or documents related to the Equipment, Software, or any Enhancements provided by MORPHO to Customer.

"Customer's Site" means Custome~s place of business which is specified as Custome~s Site on the cover sheet of this Agreement or such other location as may be agreed upon in writing by the parties.

"Enhancements" means any alterations, additions, improvements, or modifications of the Equipment or Software, maintenance of which would increase the cost to MORPHO of providing the Basic Service by more than 5% of the then-current Annual Fee.

"Equipment" means the equipment included in the Description of Supported Equipment and Software attached to the cover sheet of this Agreement, together with any repairs, replacements or corrections furnished by MORPHO (other than Enhancements) during the Term pursuant to this Agreement or any other agreement between the parties.

"Local Time" means local time at Custome~s Site.

"MORPHO's Standard Charges" means MORPHO's then current standard rates and charges (including, without limitation, provisions for the reimbursement of travel, parts, and other expenses).

"MORPHO User Documentation" means any user manual, instructions, and/or other printed documentation furnished by MORPHO for Custome~s use of the Equipment or Software, as the same may be revised, updated, or replaced by MORPHO from time to time during the Term.

"Software" means the computer programs and other software included in the Description of Supported Equipment and Software attached to the cover sheet of this Agreement, together with any corrections or updates of such computer programs (other than Enhancements) as may be furnished by MORPHO during the Term pursuant to this Agreement or any other agreement between the parties.

"Supplemental Services" means any services performed by MORPHO under this Agreement other than the Basic Service.

"Support Year" means any period of one year beginning with the Effective Date or any anniversary of the Effective Date.

MAINTENANCE SERVICES AGREEMENT (RAP ID) -Rev. 04/09

"Term" means the term of this Agreement as specified in Section 6.

"Time & Material" means support, technical, or other service provided by MORPHO to Customer that is not included in the Basic Service and Agreement as described herein. Time & Material service shall only be charged to those Customers who elect the limited nine (9) Business Hours, five (5) Business Days service coverage. Time & Material service shall not. apply to Customers who elect the comprehensive twenty-four (24) hours, seven (7) days per week coverage. Time & Material service shall be charged to Customer in addition to the costs and prices as stated in this Agreement. Time & Material service shall be charged at a premium rate of $160.00 per hour during regular Business Hours, and at a premium rate of $240.00 per hour for all applicable evening, weekend, and holiday service requests, with a required minimum of four (4) hours• for each Time & Material service call and/or request placed by Customer to MORPHO. Customer is also responsible for any other costs associated with Time & Material service including, but not limited to, mileage, hotel, and per diem expenses. Customer shall be liable for all Time & Material services charged to Custome~s account with MORPHO.

•this minimum applies only to those customers located in the contiguous 48 states. Those customers located outside this area will incur additional costs including, but not limited to, a minimum labor fee that will include travel time to and from the site, at least one 8-hour worik shift, hotel, rental car, and per diem charges for the entire service visit.

SECTION 2. BASIC SERVICE

During the Term, MORPHO will make available the following as Basic Service under this Agreement:

2.1 Service Requests. Upon Customer's request, MORPHO shall advise Customer of the name, telephone number, and location of MORPHO personnel authorized to receive Basic Service requests from Customer. MORPHO will use commercially reasonable efforts to ensure that such personnel will be available during Business Hours to provide Basic Service to Customer as set forth in this Agreement.

2.2 Repair, Replacement, and Correction. Upon Customer's request, MORPHO will endeavor to promptly repair, replace, or otherwise correct any Equipment or Software that does not operate substantially in accordance with MORPHO specifications. Inspection or worik required to correct any Equipment or Software shall be completed by depot service for requests received between 8:00 a.m. and 3:00 p.m. Local Time on any Business Day. MORPHO will ship a replacement unit to the Customer site via two (2) day air.

2.3 Documentation Updates. During the Agreement Term, within sixty (60) days after receipt of Custome~s written request, MORPHO will make available to Customer any updates to the MORPHO User Documentation made generally available by MORPHO to its customers (e.g., excluding any version customized for particular Customers).

2.4 Supplemental Services. Upon Custome~s request, and in addition to the Basic Service, MORPHO will make available to Customer such additional consultation, technical assistance, training, and other services as the parties may agree upon in writing from time to time during the Term.

2.5 Exclusions. Basic Service does not include any repair, replacement, correction, or other support required: (a) with respect to any Enhancements; or (b) as a result of any: (i) breach or default under this Agreement by Customer; (ii) neglect, misuse, or abuse of the Equipment or Software; (iii) operation of the Equipment or Software in any unsuitable environment or for any unintended purposes, as determined by MORPHO in its sole discretion; (iv) loss, casualty, damage, or injury to person or property; (v) alteration, additions, improvements, modifications, relocation, or maintenance to the Equipment or Software not performed or authorized by MORPHO; (vi) use or combination of the Equipment or Software with any other products, goods, services, or other items furnished by anyone other than MORPHO; or (vii) failure by Customer to use the latest versions of the Equipment and Software provided to it by MORPHO. Further, Basic Service does not include any service which is provided, upon Custome~s request, either: (a) on any day other than a Business Day, (b) at MORPHO's facility after Business Hours, or (c) at Customer's Site between 5:00 p.m. and 8:00 a.m. local Time; provided, that Basic Service may include services provided between 5:00 p.m. and 7:00 p.m. local Time if Customer has placed a service order between 1 :00 p.m. and 3:00 p.m. local Time pursuant to Section 2.3 above, if Customer makes its

PAGE20F5

SsAFRAN MorphoTrak

equipment and personnel available to MORPHO's authorized representative MORPHO to perform its obligations and exercise its rights under this during such hours. Agreement.

2.6 Enhancements. Any maintenance services required with respect to any Enhancements shall be the subject of a separate written agreement between the parties.

SECTION 3. PERFORMANCE OF SERVICES

3.1 Maintenance Parts. MORPHO shall provide all Equipment maintenance parts required in connection with the Basic Service at no cost to Customer. Parts removed from the Equipment in the performance of the Basic Service shall become the property of MORPHO. Parts installed in the Equipment shall become the property of Customer.

3.2 Replacement or Repair. In performing the Basic Service, MORPHO shall determine in its reasonable discretion whether to repair or replace any defective Equipment parts.

SECTION 4. CUSTOMER RESPONSIBILITIES

4.1 Use and Operation. Customer will use the Equipment and Software (as well as any Enhancements) only for the purposes specified in the MORPHO User Documentation. Customer will not use or permit the use of the Equipment or Software or any Enhancements for any other purpose. Customer will operate the Equipment, Software, and any Enhancements in strict accordance with the MORPHO User Documentation for all Equipment, Software, or Enhancements. Throughout the Term, Customer will provide suitable space, air conditioning (e.g., heating, cooling, circulation and filtering), utilities (e.g., electric power), and other requirements for installation and operation of the Equipment, Software, and any Enhancements at Customer's Site in accordance with the MORPHO User Documentation.

4.2 Location. MORPHO may immediately terminate this Agreement if Customer at any time during the Term does not keep the Equipment and Software in its sole possession and control at Customer's Site and in accordance with the MORPHO Equipment and Software License. Customer shall provide MORPHO with not less than ninety (90) days prior written notice of any relocation of the Equipment or Software to any location other than the location in which the Equipment and Software were originally installed by MORPHO or the location identified and listed in the MORPHO Equipment and Software License. MORPHO may immediately terminate this Agreement if the new location is determined by MORPHO in its sole discretion to be unsuitable for any reason (including, without limitation, environmental conditions, inaccessibility, legal issues, or any other reason).

4.3 Modifications. Customer will not make or permit any alterations, additions, improvements, or modifications to the Equipment or Software without the prior written consent of MORPHO. In the event MORPHO becomes aware of any such unauthorized alterations, additions, improvements, or modifications to the Equipment or Software, MORPHO may, in its sole discretion, terminate this Agreement.

4.4 Risk of Loss. Customer will protect the Equipment, Software, and any Enhancements from loss, casualty, damage, and/or injury. Customer assumes all risk of loss, casualty, damage, and/or injury relating to the Equipment, Software, or Enhancements.

4.5 Customer Contact. Throughout the Term, Customer will provide at least one (1) contact in Customer's organization with whom MORPHO may discuss issues related to the maintenance and support of the Equipment and Software and the rights and obligations of the parties hereunder, and who will be authorized to make decisions relating to the same on behalf of Customer.

4.6 Diagnostic Software. Upon MORPHO's request, Customer will allow MORPHO to install on Customer's system such diagnostic software as MORPHO reasonably deems necessary to perform its obligations hereunder.

4.7 Log Entries. Customer shall promptly notify MORPHO of any failures, malfunctions, problems, or defects in the Equipment or Software. Customer shall maintain detailed logs of all Equipment and Software failures, malfunctions, problems, and defects. Upon request, Customer will make such logs available to MORPHO for use in connection with performance of its obligations hereunder. MORPHO reserves the right to share the log entries created, generated, and produced by Customer with any related or reasonably identifiable third party, manufacturer, or supplier. MORHPO may utilize the information contained in the Customer's log entries to limit MORPHO's liability and to properly direct primary and sole liability upon another third party, manufacturer, or supplier.

4.8 Facilities. Customer will provide safe and sufficient access to the Equipment and Software at Customer's Site as reasonably required for

MAINTENANCE SERVICES AGREEMENT (RAP ID)- Rev. 04/09

SECTION 5. COMPENSATION

5.1 Annual Fee. For each month during the Term, Customer shall pay MORPHO one-twelfth (1/12th) of the applicable Annual Fee (prorated for any partial months). MORPHO may issue its invoice for the Annual Fee installment for each month on or about the first day of such month. Customer may make an annual prepayment of the Annual Fee at the beginning of any Support Year. Pricing is subject to a five (5) percent annual escalation rate per Support Year.

5.2 Supplemental Services. Unless otherwise agreed by the parties, Customer will pay MORPHO for any Supplemental Services in accordance with MORPHO's Standard Charges. Unless otherwise agreed by the parties or provided for in MORPHO's Standard Charges, MORPHO will issue its invoices for any Supplemental Services on a periodic basis as such Supplemental Services are provided.

5.3 Payment. Customer shall pay each MORPHO invoice within thirty (30) days after the date of invoice. Any amount not paid when due will be subject to a finance charge equal to one and one-half percent (1.5%) per month or the highest rate allowable by applicable law, whichever is less, and said finance charge shall be determined and compounded daily from the date due until the date paid. Payment of such finance charges will not excuse or cure Customer's breach or default for late payment. Further, Customer will reimburse any costs or expenses (including, but not limited to, reasonable attorneys' fees) incurred by MORPHO to collect any amount which is not paid when due. MORPHO may accept any payment in any amount without prejudice to MORPHO's right to recover the entire balance of the amount due or to pursue any other right or remedy. No endorsement or statement on any payment or in any letter accompanying said payment will be construed as an accord or satisfaction. Unless otherwise clearly specified or implied, all amounts payable under this Agreement are denominated in United States Dollars, and Customer shall pay all such amounts in lawful money of the United States.

5.4 Taxes. MORPHO shall bear the cost of all duties and similar fees payable on any replacement parts provided under this Agreement. Unless otherwise clearly specified, the fees and other amounts specified in this Agreement do not include any sales, use, or similar taxes. Customer shall pay or reimburse MORPHO for all such taxes or shall provide MORPHO with an exemption certificate satisfactory to MORPHO.

SECTION 6. TERM

6.1 General. The Term will commence upon the Effective Date and will continue until the fourth year anniversary of the Effective Date unless earlier terminated In accordance with paragraph 6.2, 6.3 or 6.4.

6.2 Anniversary Date. Either party may terminate the Term effective as of the end of any Support Year by giving the other party written notice of such termination at least ninety (90) days prior to the end of such Support Year.

6.3 Termination by MORPHO. MORPHO may terminate the Term by giving Customer written notice of such termination if: (i) Customer fails to make any payment when due, MORPHO gives Customer written notice of such failure and such failure is not cured within ten (1 0) days (or such longer period as may be permitted by MORPHO) after Customer's receipt of MORPHO's notice of the failure; (ii) Customer makes or permits any unauthorized use or disclosure of any Confidential Information; (iii) Customer commits a material non-monetary breach or default as defined under this Agreement, MORPHO gives Customer written notice of such breach or default, and the breach or default is not cured within thirty (30) days (or such longer period as may be permitted by MORPHO) after Customer's receipt of MORPHO's notice of the breach or default; or (iv) Customer files or has filed again~! it a petition to have Customer adjudged bankrupt or for reorganization or arrangement of Customer under any bankruptcy, moratorium, insolvency, reorganization, liquidation, conservatorship, or other debtor relief law, Customer makes any general assignment for the benefit of its creditors under any debtor relief law, a trustee or receiver is appointed to take possession of all or substantially all of Customer's assets under any debtor relief law, all or substantially all of Customer's assets are attached or seized, or Customer dissolves, liquidates, or adopts any plan or dissolution or liquidation.

6.4 Termination by Customer. Customer may terminate the Term by giving MORPHO written notice of such termination if: (i) MORPHO commits a material breach or default as defined under this Agreement, Customer gives MORPHO written notice of the breach or default, and the breach or default is

PAGE30F5

SsAFRAN MorphoTrak

not cured within thirty {30) days {or such longer period as may be permitted by Customer) after MORPHO's receipt of Customer's notice of the breach or default; or {ii) MORPHO files or has filed against it a petition to have MORPHO adjudged bankrupt or for reorganization or arrangement of MORPHO under any bankruptcy, moratorium, insolvency, reorganization, liquidation, conservatorship, or other debtor relief law, MORPHO makes any general assignment for the benefit of its creditors under any debtor relief law, a trustee or receiver is appointed to take possession of all or substantially all of MORPHO's assets under any debtor relief law, all or substantially all of MORPHO's assets are attached or seized, or MORPHO dissolves, liquidates, or adopts any plan or dissolution or liquidation.

6.5 Effect of Termination. MORPHO will not be obligated to provide any service, repair, correction, updates, or other support as defined under this Agreement after the expiration or termination of the Term. If Customer terminates the Term pursuant to paragraph 6.4, MORPHO will refund to Customer that portion of the fees paid by Customer for the balance of the month of termination {or, if Customer has prepaid the fees for the then-current Support Year, for the balance of such Support Year as determined by the date of Customer's termination), prorated on a daily basis. Customer will not be entitled to any refund in the event of a termination pursuant to paragraph 6.2 or 6.3. Sections 5, 7, and 8 of this Agreement, together with all other provisions of this Agreement which may reasonably be interpreted or construed as surviving the termination of the Term, shall survive any termination of the Term.

SECTION 7. CONFIDENTIAL INFORMATION

7.1 Confidential Information. Except as otherwise authorized by MORPHO in writing, Customer will: {i) use the Confidential Information solely for the purposes for which it is disclosed by MORPHO; {ii) not make any copies of any Confidential Information without MORPHO's prior written approval; {iii) take all necessary steps to protect Confidential Information from any unauthorized use or disclosure {including, without limitation, any steps reasonably requested by MORPHO to protect any Confidential Information); and {iv) not disclose or furnish any Confidential Information to any third party other than employees of Customer who have a need to know the information and a written obligation to maintain the. confidentiality of such information.

7.2 Access Limitation. Customer shall not reverse engineer, modify, disassemble, or decompile all or any part of the Software or the Boards provided by MORPHO; or otherwise attempt to discover any source code or trade secrets related to the Software, the Boards, or any other Confidential Information supplied or created by MORPHO. If MORPHO terminates this Agreement but the Base Agreement continues in force, Customer shall be entitled to engage a third party to maintain the Software and Equipment; provided that such third party: {i) is not a competitor of MORPHO, and {ii) enters into a Confidentiality Agreement satisfactory to MORPHO, as determined in MORPHO's sole discretion. MORPHO shall provide such third party with information with respect to the Software and Boards as is necessary to maintain and support the Software and Equipment.

7.3 Equitable Relief. Customer acknowledges that unauthorized disclosure or use of the Confidential Information could cause irreparable harm to MORPHO for which monetary damages may be difficult to ascertain. Accordingly, Customer agrees that MORPHO shall have the right, in addition to any other rights or remedies available to MORPHO as defined under this Agreement or as defined by applicable law, to seek and obtain judicial injunctive and other equitable relief to prevent or stop any unauthorized disclosure or use of any Confidential Information.

7.4 Ownership. MORPHO reserves all rights, titles, and interests in and to all Confidential information that may or may not be shared with Customer. MORPHO further reserves all rights, titles, and interests in any and all patents, copyrights, trade secrets, trademarks, and other proprietary rights associated with any and all confidential information that may be shared or communicated to Customer. No ownership or title to any Confidential Information or any other associated proprietary right{s) are or may be transferred to Customer under this Agreement.

7.5 Exceptions. The confidentiality obligations of Customer under this Section 7 shall not apply to any Confidential Information that Customer can conclusively prove that: {i) was in or entered the public domain through no fault of Customer; {ii) was known to Customer before the disclosure by MORPHO; {iii) was received by Customer from a third party legally entitled to make an unrestricted disclosure; or {iv) was required to be disclosed by applicable law, regulation, or order by a governmental authority having appropriate subject matter jurisdiction; provided, however, that in the event of any disclosure under this subparagraph {iv), Customer shall provide MORPHO with reasonable notice prior to any additional disclosure and provide such assistance as MORPHO may reasonably request to challenge or narrow the scope of such disclosure.

MAINTENANCE SERVICES AGREEMENT {RAP ID) -Rev. 04/09

SECTION 8. MISCELLANEOUS

8.1 Disclaimer. THIS IS A SERVICES AGREEMENT. MORPHO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY REPAIR, REPLACEMENT, CORRECTION, UPDATE, UPGRADE, SERVICE OR OTHER ITEM FURNISHED BY OR ON BEHALF OF MORPHO UNDER THIS AGREEMENT {INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.)

8.2 Excused Performance. MORPHO will nol be responsible for or be considered to be in breach or default under this Agreement on account of any cause beyond MORPHO's reasonable control or not occasioned by MORPHO's fault or gross negligence {including, but not limited to, MORPHO's inability, after due and timely diligence, to procure materials, parts, equipment, or services to Customer) that precludes, interrupts, disrupts, or terminates MORPHO's performance as defined under this Agreement. Thus, MORPHO's complete performance as stated in this Agreement shall be excused.

8.3 LIMITATIONS OF LIABILITY. MORPHO'S LIABILITY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY OF MORPHO) WITH REGARD TO ANY REPAIR, REPLACEMENT, CORRECTION, UPDATE, UPGRADE, SERVICE, OR OTHER ITEM FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO MORPHO FOR SUCH ITEM. FURTHER, MORPHO SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, OR LOSS OF REVENUE, LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS, ARISING OUT OF OR IN CONNECTION WITH OR AS CONSEQUENCE OF ANY REPAIR, REPLACEMENT, CORRECTION, UPDATE, UPGRADE, SERVICE, OR OTHER ITEM FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT.

8.4 Nonwaiver. Any failure by MORPHO to insist upon or enforce performance by Customer of any of the provisions contained herein or to exercise any right or remedy as defined under this Agreement or applicable law shall not be construed as a waiver or relinquishment of MORPHO's right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather the same shall be and shall remain in full force and effect until the termination of this Agreement.

8.5 Assignment. Customer shall not assign this Agreement or any of its rights hereunder, by operation of law or otherwise, without the prior written consent of MORPHO. No assignment by Customer, with or without MORPHO's consent, will relieve Customer from any of its obligations as defined under this Agreement. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the signatory parties and their respective successors, assigns, and legal representatives.

8.6 Applicable Law and Venue. This Agreement will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Washington, without reference to its choice of law principles. Customer shall not commence or prosecute any action, suit, proceeding, or claim arising under or by reason of this Agreement other than in the state or federal courts located in King County, Washington. Customer irrevocably consents to the jurisdiction of the courts identified in the preceding sentence in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement.

8.7 Entire Agreement. This Agreement constitutes the entire agreement, and supersedes any and ail prior agreements, between MORPHO and Customer with regard to MORPHO providing maintenance services for Equipment and Software. No amendment, modification, or waiver of this Agreement shall be valid unless set forth in a written instrument signed by the party to be bound and consented to and accepted by MORPHO.

PAGE40F5

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

SsAFRAN MorphoTrak

Annual Fee Annual Fee Annual Fee Annual Fee 12/01/2012- 12/01/2013- 12/01/2014- 12101/2015-

DevlceiD Serial Installed 11/30/2013 11/30/2014 11/30/2015 11/30/2016

KSSNRID1 0805E360039 9/9/2008 $590.00 S:620.00 !G650.00 S:683.00

MAINTENANCE SERVICES AGREEMENT (RAP ID) - Rev. 04/09 PAGE50F5

December 17, 2012

Shawnee County Commission 200 SE ih Street

Topeka, Kansas 66603

Re: Tower contract

Shawnee County



785-368-2200

Please find attached a contract for your signature between Shawnee County and McCammon Enterprises, Inc., for the 20 year lease of tower space for the new P25 Public Safety Radio System.

The cost of the monthly lease is $883.00 per month with a 3% increase every 5 years, starting in 2015.

An additional cost of $48,200.00 for upgrading the tower is also detailed, which will be split 50-50 between McCammon and Shawnee County. The cost to Shawnee County will be $24,100.00.

Shawnee County will pay the first two years of the lease ($21,192.00) and the county portion of the tower upgrade ($24, 1 00.00) within 10 days of start of construction or upon completion of structural upgrade of the tower. This amount will be paid from the Certificate of Purchase issued. This total is $45,292.00.

Annual payments made after the initial payment will be made out of 911 funds.

Please place this on your December 20, 2012 consent agenda.

Sincer~l~ '·

~ Sheriff Herman T. Jo Shawnee County

'S!~J;~t •l I. . .._

ci5J, ~ot~

ANTENNA SITE LEASE AGREEMENT

AGREEMENT made on October 24th, 2012 Between McCAMMON ENTERPRISES INC., corporation, d/b/a Midwest Mobile Radio Service, Inc., of 812 South lOth Street, St. Joseph , Missouri 64501, herein called "Licensor", and the Board of Commissioners of the County of Shawnee Kansas, 200 SE 7th Street, Topeka, State ofKansas 66603, herein called "Licensee".

In consideration of the mutual promises herein contained, the parties agree as follows:

Section One. Grant of License: Description of Premises. Licensor hereby grants to Licensee a licensee to install and maintain on a radio antenna mast or tower operated by Licensor at 7984 ~ NW Topeka Blvd, Topeka, Kansas the following described radio antenna:

1 each BMR10 Antenna@ 395 foot level 2 each BMR1 0 Antenna @ 200 foot level 1 each DB224 Antenna@ 250 foot level 1 each 6-foot Dish Antenna@ 150 foot level 1 each 6-foot Dish Antenna@ 80 foot level

Ground space for equipment shelter, generator, propane tank, easement for utilities and 24/7 access to the site for service and maintenance of Licensee's equipment is included.

Tower and building located at 7984 ~ NW Topeka Blvd, Topeka, Kansas. Coordinates of 39-11-25.7 N & 095-39-37.65W, Shawnee County, Kansas.

Section Two. (a) Periodic Pavments & term. Licensee shall pay Licensor for this license at the rate of Nine Hundred Eighty Three & No/100 Dollars ($983.00) per month less One Hundred and No/100 Dollars ($100.00) per month, for use of Licensee's stand-by generator power. The Monthly billing amount shall be $883.00 per month, payable annually in advance. Licensee shall pay the fist twenty-four (24) months rent in advance within 10-days of start of construction or completion of the structural upgrade, which ever shall come first to execute this agreement. Then, starting on May 15

\

2015 Licensee shall pay $883.00 monthly to be billed annually in advance. The monthly rent shall increase by 3% every 5-years during the term of this agreement.

The term of this agreement shall begin May 15\ 2013 and terminate April 30th, 2033 unless sooner

ter_n;1inated in accordance with Section Three.

(a) Structural Upgrades: The cost of upgrading the existing tower was determined to be $48,200.00. The upgrade is required to accommodate the Licensee's antennas and coax cabling and shall be shared on a 50-50 basis with the Licensor. The Licensee shall pay the Licensor $24,100.00 upon completion of the required upgrades and Licensor shall pay remaining $24,100.00.

(b) Renewal: Licensee shall have the right to extend this lease for one (1) additional ten (10) year terms. Each renewal term shall be on the same terms and conditions as set forth herein. This lease shall automatically renew for each successive renewal term unless tenant shall notify landlord, in writing, of tenant's intention not to renew this lease, at least 90 days prior to the expiration of the term of or any renewal term. -

Section Three. Termination. After the first five (5) year term, either party may terminate this agreement at anytime, without regard to payments, by giving written notice to the other, specifying the date of termination, such notice to be given not less than ninety (90) days prior to the date therein specified. Should the premises, or any essentia} part thereof, be destroyed by wind or other casualty, this agreement shall immediately terminate, and in the case of partial destruction, this agreement may be terminated by either party by giving written notice to the other, specifying the date of termination, such notice to be given within five (5) days following such partial destruction and not less than five (5) days prior to the termination date therein specified. If Licensee shall make an assignment for the benefit of creditors, or be placed in receivership or adjudicate a bankrupt, or take advantage of any bankruptcy or insolvency law, Licensor may terminate this agreement by giving written notice to the licensee, specifying the date of termination, such notice to be given not less than five (5) days prior to the date therein specified.

Section Four. Apportionment o(Pavment on Termination. On any termination of this agreement, Licensor shall apportion, on a thirty (30) day basis, the monthly fee paid in advance from and including the first day of the month during which the agreement is terminated to and including the day on which the agreement is terminated, and the Licensor shall refund to the Licensee the unearned portion thereof; provided, however, that no refund shall be in an amount less than Ten DOLLARS ($ 1 0.00). On any termination of this agreement, Licensee shall not be permitted to maintain an antenna on the radio mast or tower, and Licensor shall remove therefor all property of Licensee installed in, on, or attached to the radio mast or tower. Any termination of this agreement, howsoever caused, shall be entirely without prejudice to the rights of Licensor then accrued hereunder.

Section Five. Delivery o(Notices. Any notice mailed, addressed to Licensee at Shawnee County Sheriff's Office, LLC, 302 S. Kansas, Suite 200, Topeka, State of Kansas, 66603, or delivered to Licensee, shall be noticed hereunder by Licensor unless and until Licensor shall designate a different representative or address. Any notice mailed or delivered to Ernest Miller, agent for Licensor, shall be notice by Licensee hereunder, unless and until Licensor shall designate a different representative or address.

Section Six. Limitation o(Liabilitv. Licensor and Licensee acknowledge that Licensor will use its best efforts to maintain the aforesaid radio mast or tower in good operating order but that Licensor cannot insure the Licensee against any loss of the use of the radio mast or tower due to atmospheric conditions, high winds, hail, lightning, snow, ice and other acts of God. Notwithstanding the foregoing, both parties shall have the right to seek redress for claims or causes of action arising out of or resulting from acts of negligence of either party.

Section Seven. Access to Site. Licensor shall provide licensee access to the site for maintenance of licensee's equipment 24 hours a day, seven days a week.

2

Section Eight. Interference. Licensee shall not cause interference to Licensor or other licensee's of the premises, provided that their installations predate the installation of licensee's equipment. In the event future installations shall cause interference, Licensor shall take all reasonable steps to eliminate such interference, in a reasonable time period.

- ' Section Nine._ Quiet Enjoyment . .Licensee may not assign, or otherwise transfer all or any part of its

interest in this Agreement or in the Premises without the prior written consent of Licensor. Provided, however, that Licensee may assign its interest to its parent company, any subsidiary or affiliate or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of the stock or assets. Licensor may assign this Agreement upon written notice to the Licensee, subject to the assignee assuming all of Licensor's obligations herein.

IN WITNESS WHEREOF, Licensor and Licensee have executed this agreement at Topeka, Kansas on the day and year first above written.

Licensor:

"Licensee:

McCAMMON ENTERPRISES, INC. a corporation, d/b/a Midwest Mobile Radio Services, Inc.

By: ____________________ __ Ernest L. Miller, President

Board of County Commissioners of the County of Shawnee Kansas 200 SE 7th Street Topeka, Kansas 66603 By: ------------------------

NOTE: INSTALLATION OF ANTENNAS AND TOWER MAINTENANCE It is understood that all antenna system installation removal and maintenance work shall be performed by Midwest Mobile Radio Service Inc. or a subcontractor approved by Midwest Mobile Radio Service Inc. with proper insurance provided prior to any installation or maintenance work. This provision shall be in effect for a period equal to the term of this lease. Licensee's employee's shall have the right to install and maintain hardware on the tower after receipt of a certificate of insurance and documentation of Tower Safety training. Advanced notification of tower work is requested before any work is performed.

3

Rev. I 0/2003 ATTACHMENT TO


CONTRACTUAL PROVISIONS ATI ACHMENT The undersigned parties agree that the fotlowing provisions are hereby incorporated into the contract to which Jt is attnched and made a part thereof, said contract being dated the 5tn day of November zoR. -- ·

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

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

5. ANTI-Drsg,JMINATlON 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. 44-111 I 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; (t) 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 (t) 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 (c) 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 apprt>vals

·.and certifications have been given and this is signed by the Board of County Commissioners of the County of Shawnee, Kansas.

7. ARlllTRATION, 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, REPRESENJATJVE'S AUTHORITY TO CONTRACI. 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. REsPONSJBILITY 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 ma1ter 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" fi.md 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 Joss or damage to any personal property to which vendor or lessor holds title.

President Title:

November 5, 2012 Date:



Date:

ATTEST:


Shawnee County


:nr; 13

December 17, 2012

Shawnee County Commissioners 200 SE ih Topeka, Kansas 66603

Re: Proposed Pay Range Adjustment


785-368-2200

COPY The Communications Technician position in Radio Services, a unit within the Communications Division of the Shawnee County Sheriffs Office, has been vacant since April 27, 2012. In an effort to attract applicants for the position with more technical education and experience, the Communications Technician position description has been updated to reflect the current and future needs of Shawnee County. To correlate with additional applicant qualification requirements, I am requesting an increase in the authorized pay range for that position.

The updated position description will require an applicant upon hiring to have knowledge of the P25 Communications Network and the Microwave Communications Systems. An applicant already possessing this knowledge base will greatly assist us during the implementation of our new P25 system, which is fast approaching, and will also allow for him or her to build on that basic knowledge with intricate knowledge of our specific system. ·

In addition, our current Senior Radio Communications Systems Engineer, Stan Blanchard, indicated that he plans to retire in a few years. The current Communications Engineer is filled by Marion Brown, who has also been with the unit many years and who will undoubtedly retire within a few years.

The current wage for the Communications Technician position is $15.63 (Range 24 Step 1). I am proposing a position pay increase to Range 24 Step 7-10 ($18.12 to $19.51), based on the experience and knowledge of the applicant.

Please place this on you December 20, 2012 consent agenda.

December 17, 2012

Shawnee County Commissioners 200 S.E. yth Street Topeka, Kansas 66603

Re: Transfer of Ownership of Radio Equipment

Shawnee County



785-368-2200

We request to transfer ownership of all radios (subscriber units) purchased for Shawnee County's new P25 Public Safety Radio System to the individual agencies that will be using the subscriber units.

For the current analog radio system in use today, all subscriber units that were purchased by Shawnee County are still owned by the county but are distributed to the public safety agencies using them. The Topeka Police Department, Topeka Fire Department, township fire departments and Silver Lake, Rossville and Auburn Police Departments are among public safety agencies using county-owned analog radios. ·

Because of the distribution of county-owned radios to the numerous agencies on the current system, inventory becomes an annual nightmare for the Sheriff's Office when attempting to account for radios.

County ownership also could potentially become an issue when determining which agency holds the financial responsibility for equipment repair. In the past, agencies that were issued subscriber units have always paid the repair cost of these units. Under county ownership, repair responsibility could be in question and the responsibility of the County.

County ownership versus individual agency ownership also becomes an issue as to who is responsible for maintaining insurance on equipment and who replaces it if it is lost or damaged.

We would like to transfer ownership of the subscriber units for the new P25 Public Safety Radio System to the user agencies. In exchange, we will request that any equipment they currently utilize, including any subscriber units they have purchased, be

returned to us for either sale or redistribution to other County agencies like Solid Waste, Parks or Public Works.

We will have user agreements in place between the county and any agency using our new P25 radio network.

Please place this matter on your December 20, 2012 agenda.

~submitted,

Herman T. Jone , Shawnee Cou ty Sheriff

December 17, 2012

Shawnee County Commissioners 200 S.E. th Street Topeka, Kansas 66603

Re: Contract with Heartland Works

Shawnee County



785-368-2200

c

The Shawnee County Sheriff's Office has been having our applicants screened by Heartland Works, Inc. in an attempt to find better applicants suited for employment in our emergency communications center.

Heartland Works will pay 50% of the wages during training for a period not to exceed 480 hours for any applicant, we hire, that has been displaced from another employer.

We have found an applicant who meets that requirement. Please find attached a contract for Heartland Works, Inc. to reimburse Shawnee County up to $3,206.40.

Please place this matter on your December 20, 2012 consent agenda.

Respectfully submitted,

~Cfj/ Herman T. Jones Shawnee Coun Sheriff

Participant Name: Molly Christine Pisocki

Job Title: Communications

Specialist I

Method of Training:

Job Description

Job Duties

List tools,uniforms,special

health or safety equipment or precautions required Will worksite supply

them?

Collateral duties.

Heartland Works, Inc

5020 SW 28th Street, Suite 100 Topeka, KS 66614-2348

Training Plan

SSN: 510-11-8040

Title & Service: SDW SD 1 0-SD-OJ

Training Supervisor: Capt. Lance Royer Verbal, Observation, Written, Demonstration, Mentor

Under direct supervision this position receives requests for services of a public safety nature including fire suppression, medical emergency and law enforcement and relays them to the appropriate

agencies charged with providing these services. Performs other duties as required. This position is supervised by the Shift Supervisor.

EXAMPLE OF DUTIES: 52% Collateral Duties. Coordinates auxiliary services as necessary. Maintains constant radio (mobile/portable) contact with responding agencies. Monitors other agencies' communications in order to respond to requests for assistance, support or matters of general

information. Conducts surveys and gathers information relative to accurate street information. 16% Call Taker. Receives, evaluates and prioritizes requests for services of a public nature. 16% Fire, Police, Sheriff, Teletype Dispatch. Disseminates information to and from the agency charged with providing the emergency and non-emergency services. 16% Maintains Computer Record Entries.

Logs information received or transmitted and maintains continuous records on the status of responding agencies via computer entry.

none

No

!Ability to coordinate auxiliary services as necessary. Be able to maintain constant radio

60 contact with responding agencies. Effectively monitor other agencies' communications

in order to respond to requests for assistance, support or matters of general information. Conducts surveys and gathers information relative to accurate street

information. J

· Receive-reCiue-ststor-seiVices -------·-- ·· ·- ----- - · - -- -------··--- ·1 . of a public safety nature Ability to quickly and effectively question callers to accurately determine their location, . ! including fire suppression, : nature of their problem, prioritize and determine type of response needed. ! medical emergency and law i Demonstrate the ability to speak clearly and communicate effectively so callers will 1 enforcement. j comprehend.

••··--~·•• m•••••'-•---·-··-••~--- ''''"''"'--~··---···~'"'''"-''-."'"'''''' < ,,_..__"''''~'''"''n'''~''''~'~'"'''''''"fi••••••-••••" >''W"'"'"''"''"''''"'''"" -~~'''""'-W''"'""'''-''''0'''"'""" 0'0••o••uu:•<'m0'0""'<'0'\" 0'""''f''"''"''"' .... '"'"'"'":"""''''''' '"'" ''0'>''0'0 '''''''''''0''W''"'''''~~·uo••••o••••••

:Profidencies/Performance.lndicators

Fire, police, sheriff, teletype I Ability to disseminate information to and from the agency charged with providing the ~ ... ,.,,. .. ,,..,"""-"'''''''"'''''"_..,,,,_,_,,_~~---·-••••••-·~"''-'-''"-"'"u"'m''''""'-'''"~'-"'..._,.,.__..._..._...,H_•~n ... ~-~-H-•n""'n_,.,_,,.,,_,,,,...,.nn.,n .. ,_,,,~.,nn,-·"••,.~·• ... -H''"'"'"""-""-"'"''""'""-''"""""""-"""'.,"""""•""-'"m"-"'-""'.,,.,..-., .......... ,.,~,·••·• ..

240 i I

.............. 1 ""'"""''''"' . . ......... ~··:· ~

'· Training ' Hours l

180 ...... ,_]

Maintain computer record entries. Will be trained in

specific Data Base software

Skills to Be Learned

..... i

60

[ Molly Christine Pisocki i (845154)

Heartland Works, Inc

5020 SW 28th Street, Suite 100 Topeka, KS 66614--2348

510-11-8040

]'-·-·-·-- ----ccJ'ntraCfNUmber-····-" .. . . .. 'Adu.lt

~---"empiOyerNama······ -~~-·~=--~=-~~~~~!~~~ul"ltr l?_l:p_~~~::.~:_. ______________ ___ iaS::3sa~i247~oo·-··· I · --Emplclyer'A(!Cires-s -- - _ _ . . _ . 320 south Kansas Ave, Suite 200 · - ---- ------ 1 1 EffiP'Ioyef"FI~T# ____ .. · - -----·--- · ·· · 4S:.soz87se _______ .. · · - ---- -1rc·Accouni#-_--------- ----136638 ___ -- I 1 ····· .. ParticipanfName . iiifcifiyC'hristJiie FiisoCi<r·---· -· · 'ft."P"Prenucesfiip? ·--------No---- · ·· · I 1 ·· - ··· ·· -·Jaiifitle- --- ----- - tommunicaiianssiJEiCia~sir --· ··----,--·-oNrrcoae···------ ---------43-sa32.oo· · ··---·-{

:.: Rclm:~:m::g;o:~:: -~·----·~--··-·-------- Be~!~~s M~~~k-~~6'l~~ts;ensi~~ .. ~!c:l" .............. - .. ·--- ......... : J , _ . . {Hourly Cost Rate X Training Hou.rs = Total Training C~st~) _ _ . _ _ _ j :This contract will. begin on. and may not exceed 480 hours.*" 'If all contract hours have nat been used by the end of the proilram year !(June 30) 8NQ_ if funds are still available, the contract will be extended into the new program year. I certify I have read and understand this On-the-Job J Training Contract, lht?l Training Plan. General Provisions and On-the-Job Training Policies and Procedure Manual and am fully aware or and agree to i comply with the requirements set forth.

·Employer Date:

HWI Staff· -- ------- -·-- ··- ··-·-·oaie:·

Administrative Approval · oafe:

Shawnee County

AUDIT -FINANCE OFFICE

November 29,2012

To: Shawnee County Board of County Commission

From: Stacey Woolington, Financial Administrator

CC: Michele Hanshaw, Purchasing

Suite 201, Courthouse 200 SE 7th Street

Topeka, KS 66603-3903

Shawnee County Information Technology requests one (1) photocopier system from the State ofKansas Plain Copier Contract #12156 and agrees to abide by the terms and conditions of this contract.

This equipment is to be installed at the following location:

Shawnee County Information Technology 200 SE 7th Street Topeka, KS 66603

Monthly investment for this photocopier is $309.33. This will be paid annually in advance to allow a 5% discount.

Annual investment with discount is $3,526.36. This includes 87,600 black and white images per year and 12,000 color images per year. Copies in excess of these stated annual minimums are to be billed at $0.0070 per black and white copy and $.0475 per color image.

Authorized by:

Date: -------

Attest: Company Representative

fax 785-291-4941 phone 785-233-8200 Ext 4212

[p)(Q)[L~lf'~~[L

~(\J)[g3~ a~t~!l 401 SW 30th St

Topeka, KS 66611 785-267-4555

www.centuryunited.com [email protected]

(!_<{~5--:4;1~ Installation Street

Address: 200 SE 7th Street

City, State ZipCode: Topeka, Kansas 66603

Building Name: _____________ _

State of Kansas Contract Order Schedule I Gr6up~c]:c6(~t,$c~P~c4so2 I Floor: ..:2~n~d ____________ _

Current Copier ID:I S7567/B4232 I

To: Century United Companies, Inc. Room: 201 ~~--------------

From: Pat Oblander

Phone Agency Number:!-- I Installation Contact: Pat Oblander ~~~~~------------------

Number: 785-233-8200-6090 Installation Contact Phone: 233-8200 Ext. 6090

R E: 1 Equipment Order under the Contract Number 12156 (the contract) dated August 4th, 2009 by and between • • the StateofKansasand Centu Unned Companies, Inc. Installation Contact email: [email protected]

To use this form, your..---------, installation must be in one od I

Bill to: Shawnee County Information Technologies thesecounties:l Shawnee

200 SE 7th Street Room 205

Topeka, Kansas 66603

ATTN: Pat Oblander

Signed: ______________________ ___

Printed: _____________________ ___

Title: Chairman

Date: ___________________ _

Signatory Email: _____________________ _

I acknowledge that this order Is being Issued under the terms of the contract above and further certify that I have authority to Issue this order. Century United may rely upon a facsimile and/or electronic copy of this order as an original. By submitting the above order after original contract start date, I understand and agree selected equipment will remain Installed for 36 consecutive months from date of Installation and for three additional years at the amended contract rate for a total term of 72 months.

Please e-mail to : [email protected]

Completed by:

I I

Service Contact: Pat Oblander ~~~~~----------

Service Contact Phone: 233-8200 ~..:;__ ____________ _ Ext. 6090

Service Contact email: [email protected]

Meter Reading Contact: ...:.P-=ac.:.t-=0-"b"'"'lac..:.n.:..::d.:..::e..:...r __________________ _

Meter Reading Contact Phone: -=2=3-=-3-....:;8c::2..:..00=------ Ext. 6090

Meter Reading Contact email: [email protected]

IT Contact: Pat Oblander

IT Contact Phone: 233-8200 __;_..:....__ _____ _ Ext. 6090

IT Contact email: [email protected]

Accounts Payable Contact: Jo Atykinson ----~------------------------

Accounts Payable Contact Phone: _2_3..:...3-_8_2_00 ____ _ Ext. 6093

Accounts Payable Contact email: -"'jo~·~a,l;;tk,;,;,in:.:;s£;o;,;,nl,l!@;o,;s~n~c~o~.u;;;s;__ _________ _

[ Comments Q~ Installation Notes: ·I

Group 4C, Color Savin MP C4502 . ·-· .-_·.

Service and Supplies Pricing :

Zero Base Pla11 .·

$ 0.007000 Zero Base B&W Cost per Impression

$ 0.047500 Zero Base Color Cost per II'Tlj:ll'ession Mid Volume Plan

$ 92.60 Mid Volume Monthly Base Charge

13,500 Mid Volume Base number of impressions

$ 0.006860 Mid Volume Cost per Impression High Volume Plan

168.00 High Volume Monthly Base Charge

25,000 High Volume Base number of impressions

$ 0.006720 High Volume Cost_ per Impression -

I i~~n:]___ Zero Base Plan I Annually, Check with Invoice, 5% Discount

Yes Equipment Replacement?: No New Installation?: · ·. · ._-.... _

Yes Current Hard _Drive Rempval Required? ·

_____i205.00 - OneTime Fe!!J'er HDD_: ·····---• •-• ____________

Yes I May we email your Invoices? Confirm email address below.

[email protected]

Estimated Bl!tW Month! 7,300

Estimated Color Monthl 1,000

I Estimated Invoices I

B&W Service Cost $ Color Service Cost: $

Monthly Annually

51.10 $ 613.20

47.50 $ 570.00 Equipment Cost: 210.73 2,528.76

Estimated Invoice: 309.33 3,711.96 Discount: 5.00% 5.00%

Discounted Invoice: $ 293.86 $ 3,526.36

~gency Number

0 Current Copier ID

0

[p)(Q)~~lF~[:~~

~llJJ[B)~ a~~ 401 SW 30th St

Topeka, KS 66611 785-267-4555

www.centuryunlted.com [email protected]

I - I

I Group 4C, Color Savin MP C4502 I

Agencies may rent from Century additional accessories not listed at a 25% discount of MSRP x rental rate factor of .030.

For only the Zero Base Plan Agencies will receive a credit for the number of unused impressions in the next contract year. If at the end of the contract term Agencies have unused Impressions, they will receive a refund of any unused impressions under only the Zero Base Plan.

Agencies will not be doubled billed during transition from old to new copiers.

1 Base Configuration

3 Document Feeder

4 One Bin Tray

lPJ(Q)[L01JO~~[L

~OJJ[ID~ 6 Large Capacity Tray PB3050

7 2 x 500 Paper Feeder

8 Basic Office Finisher(SR790)

9 Saddle Stitch Finisher

10 Bridge Unit

11 Internal Shift Tray

a~~ 401 SW 30th St

Topeka, KS 66611 785-267-4555

www.centuryunited.com [email protected]

·December 16, 20f}8

ha:w . ee -County P:tiRCHASL~Q . .'QE.P:ARThffi.NT

CHARL$NB ~~CijKE. Im:e:q;te>r ~fP·urchi,l~g

.200 SE'7tlt S~,i-:R.Pom B-27 Top~~ ·f;CS 66603

. '(7~5).233:·8200 Ext. 4419 cJ;[email protected] . .llS'

Ne.tworlC address: wviw .. co.shawn~~·J.l.S

Shav.r.1,1ee C~l1llty ~orPJ,ation 1'ecfunologie8 office.;reque~ .. Q.Jle·Cl) photocopier sjsteril.frontthe State ~f Kansas·Pla.in Pf'jpe~ C~ntrat:t t<IOiS:23.:~. aJtr~es tQ .~~:~e.~ ·and conditioris G1f'tlilir q:mtmct.

l.UI.l\.J,W.ll.ll:l.' .l!)CI:!Q~· . - n\o..ct'n'.n-L ·,c; 'tY'I

Topeka, Kansas 66.603 ·

·Coatraet is =ff?.I: 48.-tuPnths .a;qd !S~ .~anu8l.:y·l~.2009 ..

. Detail~ of the cqpi.c;r fo1low: . . . Savin 9040SP Sy~m with duplext ~F~ SR7:90,.IH~tWI!)tk priu.t, ~etwork·Sca:n. P;B3040j:J·~r

bank. · · ·

-MolJ,tbLy in:vestnie.nt.for'this photocopiey is'$31.5.00. This will be p~d anriua.Yy hl ad"ance t~ allow for· a J% dis.cotlllt. There is a \1% adn1iid,sj:r~ive f~.· ·

Amiu:al investxpentJ$: $3,684.93 {$3.1'5.0.6}( 12= $3ir7$0.~0 x..-J%n.l3.4QF,$3,666.'60x .{)05·(18;33) ;:;;:$~~6:84.93.. Inoludes-144,0!}0 CQ-pies. ~P1~·~·~x:cess.~fat~llual mminmtri.:ar.e .0.130 PC!: copy., . . . . . . . .

... · .. ) -~' . . . v .. (). . .· .. ~a ..

Oompany Rep.r~tative ~- ... '

·Cynthia A. ~l9.6'6k. >,,,.,.,,.,,,,., ...• _,~:·. ·. · · . · ·.,.. :\,'t:·c- '· ··.: . . . .. ~ . . ...

'! i !

. !

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To: Ted Ensley, Chair Mary Thomas, Vice -Chair Shelly Buhler, Commissioner

CC: Michele Hanshaw

RE: CONSENT AGENDA - Sole Source Approval

Date: December 12, 2012

Discussion:

? Shawnee County / 7

AUDIT -FINANCE OFFICE Suite 201, Courthouse

200 SE 7th Street Topeka, KS 66603-3903

Request is received from Public Works Department. The product or services are as follows:

BNSF Railway Co. Railroad crossing signal maintenance at Montara Parkway.

Recommendation:

Approve the negotiated pricing for the purchase with vendor/s BNSF Railway Co.

Attachments sw

fax 785-291-4941 phone 785-233-8200 Ext 4212

PRIOR AUTHORIZATION FORM

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

~ Acquisition in the amount of $_~~'-e~~----------- is requested for:

(X) Sole Source ( ) Interagency ( ) Off Contract Purchase ( )Delegated Authority

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

Vendor: ~\...\.<;t: ~'d~\~~ Co.

Address: 3\ \S So\~\:.\CV\S C.e.."<'\~-<'

('__~~c.:~';)c) 1:.L ~l:)l.:. \\- !>OCJ\

Has the vendor ever been an employee of the Shawnee County? Yes No please explain the nature of the employment and period of servic~

If yes,

1. Description of Material or Service: • l(-\""6

~~' \-cc-aO. $\5~\ m~~"'~E.)(\ ........... ~..J:L @ ('YlCY\\-c:r<o. ~-o<\<-~~

a~ f\c....~\ "D<\~

2. Sole source only - Explain why the recommended vendor is the only one qualified to provide the requested services at the exclusion of all others, i.e., what makes this vendor uniquely qualified?

B~S~ \s ~ oYl\\ <.~\~~ c.c~-a""\ "'•'-J'"'S ~c....\(.t a\-- ~ .s \~ C:.."a~~ a""t:> ~ ~ T\J s"'\v.c:...'«<.~v-.\ ~ ~...- -\-<--e~-<.....

\\ '\-)\-l ~ \ \-"\.. ~<.\.r ~o;.., '""~~~c_ e.....c..-r"~~~\S.. 3. Sole source only- Describe the research that has been completed to insure that no

other competition exists (nature of work to be completed, names of vendors contacted who are unable to perform service, etc.): 1 ,

Nc:. o~ ~o~Qe."'\ c... c."" ...,..,s::::.<¥- o"" B N. s ~ 01> !;ac:..., \\-h.~s • T~\!) \--..as. b Q o.,.., a"' -a,-ro,~c,\. cn~\ .... ~"a.M.~ ~~\- ~ ~~-<-e.\ ""\. ~.

4. Sole source only- Have you requested an agency contract with the vendor at any time during the past twelve months? Yes No v7 If yes, please explain the nature of the service and the amount agreed to be ~

DEPARTMENT USE ONLY

Department Name: __ B_"-.:1_~_\_~c.. __ v...:J __ o_<_¥-.s ____ Telephone: 2.3:>~11CJ'1.. ~"' ~(::)\\

Agency Approval: _-_\_~----'------'-~---=------_.__D_\ -"~-(.;:-~---=---- Date: n .. -t \2 ( \ L

(Signature and Title)

(Revised 4/2/12)

December 17, 2012

TO:

FROM:

SUBJECT:

Shawnee County ~ Weed Department /~rf"/?

2044 S.W. WESTERN TOPEKA, KANSAS 66604

PHONE: (785) 232-0120 FAX: (785) 232-8802 www.snco.us/weed/

JOHN KABUS, DIRECTOR

MEMORANDUM

BOARD OF COUNTY COMMISS

JOHN KABUS, DIRECTOR

AGENDA ITEMS

Agenda Items for Thursday, December 20, 2012

1. Consider a request for expenditure in excess of $1 000.00 for light fixtures and installation at the Weed Department facility at 2044 SW Western.

An estimate to install new light fixtures in the Shawnee County Weed Department was solicited in November of this year. Those fixtures are being installed this week. The estimate, at $1300.00 will exceed the December "$1 000" limit. I am requesting that 2012 funds be used for this expenditure.

2. Consider a request to approve a noxious weed control contract with the Kansas Department ofT ransportation.

The Weed Department has had this contract with KDOT for many years. This agreement works well for both the county and the state.

•

County Const./Maint. Fiscal Services District KANSAS DEPARTMENT OF TRANSPORTATION

BUREAU OF CONSTRUCTION AND MAINTENANCE Area Sub-Area

COUNTY AGREEMENT TO TREAT NOXIOUS WEEDS

This agreement made and entered into this __ day of 20 ____, by and between the

Board of County Commissioners of 5')f /IW IV££._ County, hereinafter referred to as County, and the Kansas Secretary of Trans-portation, hereinafter referred to as Secretary. The Kansas Department of Transportation hereinafter is referred to as KOOT.

WHEREAS, The Kansas Legislature has declared certain weeds to be Noxious Weeds (see Kansas Noxious Weed Law), and

WHEREAS, The County desires to treat noxious weed infested areas on State Highway Rights-of-Way within said County and the KDOT desires to retain the County to spray and treat such areas, and

WHEREAS, The Secretary and County agree to enter into a performance agreement, where in the County shall treat all noxious weeds on State Highway rights-of-way in the County. A condition of the fulfillment of the agreement requires that treatment by the County will provide a satisfactory control of the noxious weeds. Satisfactory performance is defined as preventing the production of viable seed and/or destroying the plant's ability to reproduce by vegetative means.

NOW, THEREFORE, in consideration of the premises, the parties hereto agree as follows:

I. The county will notifY the KDOT District Engineer or the authorized representative, prior to each treatment on highway right-ofway, of the scheduled time and location of such treatment.

2. The County spraying operation may include a dye in the chemical mixture to allow easy identification of areas treated.

3. A representative of the KOOT shall make periodic field inspections to check treated areas. A field log and record will be maintained by the KDOT indicating dates treated and inspected, location and size of areas, type of noxious weeds, apparent affect of treatment and other pertinent comments. Approval by the KDOT representative shall be required before the County will be paid for treatment.

4. Schedule of Cost The County shall provide all chemicals (includes herbicides, surfactants and drift control materials as required), dye, labor and equipment to treat noxious weeds. Chemicals and dye are to be provided at the County's cost. Labor and equipment costs are as follows:

LABOR COST

$ ;/ J ~. operator

/h:-. operator

*EQUIPMENT RENTAL TYPE AND SIZE

4 )If t€/O~J..£. If~~... II- -rv {,l.lt14 A ,eaif~ S't()£ SP/VI-V//4)"

-7/i .l'f-C -'10R.. w I -,{ R

/1'1(J)ttlfl 'I € D ,5 p tvlo/ rAJ 6 G< AJ I 7",

*Spraying equipment will have cab mounted flashing (or rotating) safety lights

5. Billing and Payment The County shall submit to the KDOT District Engineer an itemized bill for wholesale cost of chemicals and dye furnished, plus actual cost of treating noxious weeds based on equipment rental and labor costs for areas of satisfactory performance. Upon receipt of proper billing and final approval, payment for treating noxious weeds will be made to the County by theKDOT.

6. Record of Work: The County representative doing the work shall:

• Record size, location and type of noxious weed areas treated. • Record amount and kind of chemicals applied on each area

'-" ', •

0 0

' R:ecord :date!;;c~emicals were applied. •

0

; ::Maintain Rc:,port of Noxious Weed Treatment DOT FORM NO. 322-A, which shall be submitted to the KDOT within I td2 weeks after treatment.

•. OOoo.J'~1ainta.in records until all claims are paid, but in no case less than the three year statutory time. , ··~

0

;' •• ~ake all reccirdsa,vailable for KDOT audit, when so requested by KDOT.

Rev. 1-06 DOT Form 0322

7. Chemicals, approved for use on highway right-of-way are listed below.

CHEMICAL

2, 4-D (amine or ester) (a) Glyphosate (b) MSMA Sulfometuron (c) Picloram Chlorsulfuron Imazapyr Metsulfuron Methyl Triclopyr (d) Fluizafop P butyl + Fenoxiprop Imazapic (e) Quinclorac (f) Sulfosulfuron (g) Aminopyralid (h)

IRADENAME

numerous numerous numerous Oust Tor don Telar Arsenal/Habitat Escort Gar! on Fusion Plateau Paramount/Drive Outrider Milestone

(::} M::y be used alone or in combination with other herbicides (b) (Round-up) (c) Spot treatment only (d) Sericea lespedeza (e) Do not use where cool season grasses are the desired species (f) Fall bindweed control (g) Do not use for more than 3 consecutive seasons (h) Musk, bull and Canada thistle

There may be other trade names for the herbicides listed.

RATE OF APPUCAIJON (metric)

1 to 2 lb. Equiv./acre (1.1 to 2.2 kglha) I 1/2 lb. Equiv./acre (I. 7 kglha) 3 to 5 lb. Equiv./acre (3.8 to 5.6 kglha) 3 to 6 ounces/acre (.21 to .42 kglha) rate depends upon weed species 1/2 to 1 oz./acre (0.035 to 0.070 kglha) 1/4 lb. Active/acre (0.28 kglha) rate depends upon wc:C:d species 114 to l/2lb./acre (0.28 to 0.56 kglha) 7 to 9 fl. oz. per acre (83.8 to 107.75 mllha) rate depends upon weed species rate depends upon weed species and desirable grass species rate depends upon desirable grass species rate depends upon weed species

8. Chemicals shall be mixed and applied as recommended by the manufacturer and in accordance with approved methods contained in the "Official Regulations" issued by the Kansas Department of Agriculture.

9. The County agrees to provide this service in a workmanlike manner, to be in strict conformance with the instructions for handling and applying noxious weed chemicals and to be responsible for any negligent acts or omissions that may occur in the performance thereof.

I 0. This agreement shall terminate December 31st of this year, except records shall be maintained in accordance with Section Six above. Termination may be sooner by a ten day written notice from either party to the other. It is agreed further that this contract can be renewed for three consecutive years at the option of the Secretary upon a 30-day written notice to the contractor prior to December 31st of the current year. The contractor and the Secretary agree that all terms of the renewal will remain the same unless either party determines that the price of the chemicals should be re-negotiated.

This agreement is officially adopted by the Board of County Commissioners and recorded in the official records of the proceedings of said Board.

In witness whereof the parties have caused this Agreement to be executed by their duly authorized officers or representatives.

SECRETARY OF TRANSPORTATION

BY ________________________________ __

District Engineer

Rev. 1-06

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

THE BOARD OF COUNTY COMMISSIONERS

BY ______ -=~-----------------------Title:

Approved as to Legality and Form: Date I z..-J ,..,,..

ASST. CO. coJrsaoR

DOT Form 0322

•

SHA ~VIJ=E ~.OU· .~. i ). __ --~----------

CONTRACt J~&.--.:ioJ--2 \\J.----LANDON ARENA, DRESSING ROOMS, LOCKER ROO~~ttON fiALL AS NEEI _.---~· "" _ Building/Room PAYMENT Rec'd. .:;:)..(.) DECEMBER 21-22, 2012 Rect. # -------DATE OF EVENT PAYMENT Rec'd. __ _

Rect. # -------

PERMIT FOR THE USE OF FACILITIES

PERMIT NO. # 12-21680

SECTION 1.0-PARTIES

1.1 This permit, made and entered into on this 18TH day of DECEMBER, 2012, between the KANSAS EXPOCENTRE of Shawnee County, Kansas and,

PERMITTEE Organization Name: Representative Name: Street: City, State, Zip: Telephone #: Fax# and/or E-mail Address:

SHAWNEE COUNTY BOARD OF COMMISSIONERS OF SHAWNEE COUNTY

TED ENSLEY, CHAIRMAN 200 SE 7TH STREET ROOM B-11 TOPEKA, KS 66603 (785) 233-8200 X4040

1.2 This permit shall have no force or effect unless and until, it is signed by the GENERAL MANAGER. Before the GENERAL MANAGER will sign, the PERMITTEE shall endorse the same "accepted" in the space hereinafter provided, and return to the GENERAL MANAGER of the KANSAS EXPOCENTRE no later than DECEMBER 21, 2012 accompanied by any payment required. By said acceptance, PERMITTEE shall covenant and agree that he/she will well and truly perform or abide by each and every term of this permit, each of which shall be a condition to the continuance of this permit.

1.3 It is understood and agreed that the term "PERMITTEE" will, throughout this permit, refer to the organization, company, Corporation, business or individual whose information appears in the "PERMITTEE" block above.

1.4 It is understood and agreed that the term "COUNTY" will, throughout this permit, refer to the Board of County Commissioners of Shawnee County, Kansas.

1.5 It is understood and agreed that the term "EXPOCENTRE" will, throughout this permit, refer to the Management and the physical structures and grounds of the KANSAS EXPOCENTRE, One Expocentre Dr., Topeka, Kansas 66612-1442.

1.6 It is understood and agreed that the term "BOARD" will, throughout this permit, refer to the Kansas Expocentre Advisory Board.

1. 7 It is understood and agreed that the term "GENERAL MANAGER" will, throughout this permit, refer to the GENERAL MANAGER of the KANSAS EXPOCENTRE, or his designee.

1.8 Pursuant to Home Rule Resolution No. HR-84-4-A of the Shawnee County Commission and this permit and subject to the conditions, limitations and restrictions contained in said resolution or hereinafter set forth, permission is hereby granted for PERMITTEE to use and occupy the EXPOCENTRE as detailed hereinafter.

SECTION 2.0- USED SPACE

2.1 The EXPOCENTRE, under the terms and conditions of this permit, grants to PERMITTEE, the non-assignable right to use and occupy the portions of the EXPOCENTRE described as follows:

LANDON ARENA, DRESSING ROOMS, LOCKER ROOMS, EXHffiiTION HALL AS NEEDED

2.2 PERMITTEE agrees to quit and surrender the aforementioned premises to the EXPOCENTRE at the end of the term of this permit in the same condition as the date of commencement of this permit, ordinary use and wear thereof excepted.

SECTION 3.0- PURPOSE

3.1 The aforementioned space is to be used solely for the following purpose, and no other, of:

GOGIAN AND ATHERL Y FUNERAL SERVICES

SECTION 4.0- USE DATES

4.1 LANDON ARENA

LANDON ARENA

FRIDAY DEC 21, 2012 ACCESS MOVE IN AND SETUP LIE INSTATE FAMILIES ON SITE SECURE FACILITY

SATURDAY DEC 21,2012 ACCESS GOGIAN SERVICE ATHERLY SERVICE ACCESS END

8:00AM 8:00AM- I 2:00PM 1:00PM- 8:00PM 4:00PM- 7:00PM I O:OOPM

8:00AM I O:OOAM 2:00PM 8:00PM

4.2 Time is of the essence in this permit and the time herein granted shall not be extended for any purpose without the express written permission of the GENERAL MANAGER. If such permission is granted, all additional time shall be paid for by PERMITTEE according to the schedule of fees fixed by the EXPOCENTRE.

SECTION 5.0- FEE TERMS

5 .I PERMITTEE agrees to pay the EXPO CENTRE, for the use of leased space a guarantee of PAYMENT WAIVED ($WAIVED).

5.2 PERMITTEE agrees to deposit, at the time of the signing of this ·permit, on or before (WAIVED), the sum of ZERO DOLLARS ($0.00), as a deposit to cover rental, incidental expense and liquidated damages.

5.3 PERMITTEE agrees that TED ENSLEY, is and shall be, for the purpose specified in the permit, the agent of the PERMITTEE and shall have full authority to bind PERMITTEE with respect to any other written or verbal order for goods and services which that agent deems necessary to enable PERMITTEE to obtain the full utilization of the premises.

5.4 PERMITTEE agrees to pay the EXPOCENTRE, on demand, any sum which may be due for additional services, personnel, equipment, accommodations or materials furnished by the EXPOCENTRE, at the request of PERMITTEE: EXPOCENTRE being initial supplier. The GENERAL MANAGER may require orders by PERMITTEE, or its authorized representative, for any such services, accommodations or materials to be in writing.

5.5 PERMITTEE agrees to make additional deposits with the EXPOCENTRE, on written notice by the GENERAL MANAGER to PERMITTEE'S address on this permit, for such sums as the GENERAL MANAGER feels are necessary to cover the costs which EXPOCENTRE would encounter on behalf of PERMITTEE, in relation to said event (reimbursable).

SECTION 6.0- INTENTIONALLY DELETED

SECTION 7.0- LIQUIDATED DAMAGES

7.1 It is agreed that if PERMITTEE fails to hold the event, or events, specified above herein at the agreed time or times, no deposit refund shall be made and PERMITTEE shall pay to the EXPOCENTRE, the sum of ZERO DOLLARS ($0.00), as liquidated damages, not as penalty. PERMITTEE agrees to pay any reimbursable expenses incurred by EXPOCENTRE in connection with the event or events covered by this permit.

7.2 The parties agree that the damages, which the EXPOCENTRE might reasonably anticipate as the result of PERMITTEE'S failure to hold such event or events, are difficult to ascertain or predict. The amount agreed on as liquidated damages is considered by both parties to be reasonable estimates of the damages which would probably be caused by PERMITTEE'S failure to hold such event(s) on the date(s) scheduled.

7.3 Should the event not be held as scheduled in this permit, GENERAL MANAGER will determine if the deposit shall be forfeited, refunded or applied to a future date.


SECTION 9.0- INSURANCE

9.1 The KANSAS EXPOCENTRE requires PERMITTEE to procure and maintain in full force, a policy of public liability and property damage insurance, throughout move-in, event, and move-out. Said policy shall be procured from a reliable insurance company authorized to transact business in the State of Kansas, and subject to suit in Shawnee County, Kansas. A copy of said policy, or a certificate that a policy of insurance has been issued, shall be placed on file with the KANSAS EXPOCENTRE no later than (SHAWNEE COUNTY SELF INSURED)

9.2 PERMITTEE is to be named insured, and the Board of Commissioners of Shawnee County, Kansas; SMG, a Pennsylvania Joint Venture Partnership, its partners, agents and employees, and the Kansas Expocentre shall be named as additional insured in a policy for minimum premises, bodily injury, liability in $1,000,000.00 per occurrence. Said policy shall also provide for a thirty (30) day notice to the GENERAL MANAGER'S office, prior to cancellation.

9.3 PERMITTEE agrees that the KANSAS EXPOCENTRE will acquire insurance utilizing the MASTER VENUE NSURANCE PROGRAM as administered by Marsh USA, Inc. should PERMITTEE fail to supply proper insurance as detailed on SCHEDULE A (insurance requirements) of this contract prior to thirty (30) days before the first use date listed under section 1.2 of this permit. PERMITTEE also agrees to pay the KANSAS EXPOCENTRE for this insurance at the standard rate billed by the KANSAS EXPOCENTRE for this insurance coverage at the time of the event.

9.4 PERMITTEE shall neither do nor permit to be done, anything in or upon any portion of the premises, or bring, or keep anything herein, or thereupon which will in any way conflict with the conditions of any insurance policy upon the building or any part thereof, or in any way increase any rate of insurance upon the building or on the property kept therein.

9.5 PERMITTEE agrees and understands that PERMITTEE and all other parties or exhibitors under contract to PERMITTEE to exhibit or display products or other items in the EXPOCENTRE may be required to meet additional insurance requirements, including worker's compensation insurance for their own employees and product liability insurance (minimum of One Million Dollars ($1 ,000,000.00)) for their products. GENERAL MANAGER may require proof of insurance for each exhibitor.

SECTION 10.0- INDEMNIFICATION

10.1 PERMITTEE agrees to indemnify, defend and save harmless the SMG, OWNER, and their respective officers, directors, agents, and employees (the "Indemnitees") from and against any and all Losses arising from the matters described in Section 3, and/or personal or bodily injury to or death of persons or damage to the property ofSMG or OWNER to the extend caused by the negligent acts, errors, and/or omissions or the willful misconduct of Permittee or its officers, directors, agents, employees, subcontractors, licensees, or invitees; provided, however, that Permittee's obligations under this Section 10 shall not extend to Losses solely arising from the willful misconduct (or gross negligence) ofSMG.

SECTION 11.0- LIEN- N/A

11.1 The EXPO CENTRE shall have the first lien against ticket office receipts and all property of PERMITTEE upon the premises of the EXPOCENTRE for all unpaid rental fees, reimbursable expenses and appropriate taxes due for the event(s) covered by the permit. The EXPOCENTRE is empowered to withhold from ticket office receipts all such items and if such funds are not available at the conclusion of the event to impound PERMITTEE'S property. Should such unpaid charges remain unpaid ten (10) days after the termination of this agreement, the EXPOCENTRE shall have the power to sell such property at public auction and to apply cash proceeds from such auction to the retirement of these unpaid charges.


SECTION 13.0- GENERAL TERMS AND CONDITIONS OF USE AND OPERATION (PUBLIC SAFETY)

13 .I PERMITTEE agrees at all times to conduct activities with full regard to public safety and will observe and abide by all applicable regulations and request by duly authorized governmental agencies responsible for public safety.

13.2 PERMITTEE hereby assumes full responsibility for the acts and conduct of all persons admitted to the premises or to any portion of said premises with the consent of PERMITTEE. PERMITEE agrees to have on hand at all times sufficient law enforcement officers to maintain order and protect all persons and property. The entrances and exits of said premises shall be locked and unlocked at such times as may be required for PERMITTEE'S use of the EXPOCENTRE; but PERMITTE, at his/her own expense, must at all times pay for proper watchmen at all entrances and exits when the same are unlocked.

13.3 It is understood and agreed that the use of trained or untrained animals by PERMITTEE, exhibitors or employees of PERMITTEE for security purposes is strictly prohibited under the terms of this permit.

SECTION 14.0- UTILITY CONNECTIONS

14.1 Unless otherwise authorized in writing by the GENERAL MANAGER, all plumbing, electrical or carpentry work required to be done on the premises of the EXPOCENTRE in connection with PERMITTEE'S use thereof, and all electrical current or domestic gas required for PERMITTEE'S use (excepting that required for heating and lighting) shall be done or furnished by EXPOCENTRE employees or EXPOCENTRE approved representatives for which PERMITTEE shall pay the EXPOCENTRE on the basis of the rates set forth in the schedule of rates on file in the office of the GENERAL MANAGER. Multiple plugs such as twin sockets and cube taps will not be permitted. All equipment, services and connections must comply with all applicable codes, rules, regulations, resolutions, ordinances and statues of the EXPOCENTRE, the City of Topeka, Shawnee County, and the State ofKansas.

14.2 The EXPOCENTRE agrees to furnish water by means of the appliances installed for ordinary toilet or janitorial purposes, but not for other purposes unless otherwise specifically provided for in this permit. Water closets and water apparatus will not be used for any purpose other than for which they are constructed, and no sweepings, rubbish, rags, paper or other substances shall be thrown therein.

14.3 Extraordinary requirements and uses of water, other than the above-mentioned purposes shall be paid for by PERMITTEE through the water department meter. PERMITTEE is to make all necessary arrangements.

SECTION 15.0- LAWS AND ORDINANCES

15.1 PERMITTEE will comply with all laws of the United States and the State of Kansas; all City of Topeka ordinances; Shawnee County resolutions; and all lawful orders of law enforcement, health and fire departments. PERMITTEE will obtain and pay for all necessary permits and licenses. PERMITTEE will neither do, nor suffer to be done, anything on said premises during the term of this permit in violation with such laws, ordinances, resolutions, rules or orders. This permit is fully executed in the State of Kansas, and Kansas law is applicable.

SECTION 16.0 INTENTIONALLY DELETED

SECTION 17.0 INTENTIONALLY DELETED

SECTION 18.0- FIRE AND OTHER UNFORESEEN OCCURRENCES

18.1 That in case the said premises, or any part thereof, shall not be ready for occupancy due to incomplete construction, or shall be destroyed or damaged by fire, storm, flood or any other cause, or if any other casualty of unforeseen occurrence shall render the fulfillment term of this permit by the KANSAS EXPOCENTRE impossible, including without limitation thereto, the requisition of the premises by the United States Government, or any arm or instrumentality thereof, or by reason of labor disputes, then and thereupon this permit shall terminate, and the PERMITTEE shall pay rental for said premises only up to the time of such termination, and at the rate herein specified, and the PERMITTEE hereby waives any claim for damages or compensation should this permit be so terminated.

SECTION 19.0- VACATION OF PREMISES

19.1 In the event that the above-described portion of said premises is not vacated by PERMITTEE or those under contract with PERMITTEE, on the date named at the end of the term for which said premises are to be used, the EXPOCENTRE is hereby authorized to move from said premises at the expense of the PERMITEE, any and all goods, wares, merchandise and property of any kinds and description which may be then occupying the portion of said premises on which the term of this permit has expired. The EXPOCENTRE shall not be liable for any damage or loss to said goods, wares, merchandise or other property, which may be sustained by reason of such removal or the place to which it may be removed. The EXPOCENTRE is hereby expressly released from any and all claims for damages of whatever kind of nature. For such additional period beyond the term of this permit, that any effects of PERMITTEE remain in or on said premises. County shall be entitled to charge the standard sum per day as the payment to be made for this type of event.

SECTION 20.0- SEATING CAPACITY

20.1 PERMITTEE shall not admit to said premises so large a number of persons that they cannot safely and freely move about in said premises. The decision of the KANSAS EXPOCENTRE in this respect shall be final. It is further understood and greed the PERMITTEE will permit no chairs or seats to be or remain in the passageways. The sidewalks, grounds, entry passages, vestibules, halls, elevators, abutting streets and all ways of access to public utilities of said premises shall not be obstructed by PERMITTEE or used for any purpose other than for ingress to and egress from the aforementioned premises. The sale of standing room is prohibited.

SECTION 21.0- RESPONSIBILITY FOR PROPERTY IN BUILDING

21.1 The EXPOCENTRE assumes no responsibility whatsoever for any property placed in said premises by PERMITTEE, PERMITTEE'S agents, exhibitors or others related to this event. PERMITTEE hereby expressly relieves and discharges the EXPOCENTRE from any and all liability for any loss, injury or damage to persons or property that may be sustained by reason of the use or occupancy of said premises, or any part thereof under this permit. All watchmen, or other protective service, desired by PERMITTEE, must be arranged for special agreement with the EXPOCENTRE at the sole cost and expense of the PERMITTEE or as stipulated in such permit.

SECTION 22.0- DAMAGE OR DEFACEMENT OF BUILDING OR PREMISES

22.1 PERMITTEE shall not injure, mar or in any manner deface said building or premises and shall not cause nor permit anything to be done whereby said buildings or premises shall be in any manner injured or marred or defaced; nor shall he/she drive, nor permit to be driven nails, hooks, tacks, or screws in any part of said building; nor shall he/she make nor allow to be made any alteration of any kind therein. If said premises or any portion of said building or grounds during the term of this permit shall be damaged by the act, default or negligence of PERMITTEE or by the PERMITTEE'S agents, employees, patrons or any person or persons admitted to said premises by said PERMITTEE, PERMITTEE will pay to the County upon demand, such sum as shall be necessary to restore said premises to their original condition. It is PERMITTEE'S responsibility to inspect the KANSAS EXPOCENTRE at move-in and notify the GENERAL MANAGER in writing of all damage present at the time of inspection. Written notification must be presented to the GENERAL MANAGER no later than one (1) hour before move-in. Failure to provide written notification is construed to mean there is no damage to report.

SECTION 23.0- CARE OF FACILITIES

23.1 PERMITTEE agrees to cause said premises to be kept clean during the term of occupancy excepting such executive office areas as may be regularly maintained and cleaned by the janitorial force employed by the EXPOCENTRE.

SECTION 24.0- EXHIBIT ENTRANCE

24.1 All articles, exhibits, fixtures, materials and displays shall be brought into or out of the building only at such entrances as may be designated by the GENERAL MANAGER. No move-in or move-out may be done through the public access entrances.

SECTION 25.0- RECORDINGS

25.1 No video and/or audio recording devices will be permitted for commercial purposes in any EXPOCENTRE facility or on EXPOCENTRE grounds without written approval of the GENERAL MANAGER. Personal audio and/or video recording shall be prohibited if event so requests.

SECTION 26.0- DECORATORS, CATERERS AND CONTRACTORS

26.1 PERMITTEE agrees that only decorators, caterers and contractors approved by the EXPOCENTRE shall be employed on the premises.

SECTION 27.0- SIGNS AND POSTERS

27.1 PERMITTEE shall not do, or permit to be done upon said premises, anything that will tend to injure, mar or in any manner deface said premises, and will not drive or install, or permit to be driven or installed, any nails, hooks, tacks or screws into any part of the EXPOCENTRE and will not allow to be made any alterations of whatsoever kind to said building or any equipment of facilities thereof. PERMITTEE shall not post or exhibit or allow to be posted or exhibited any signs, advertisements, show bills, lithographs, posters or cards of any description or any part of the premises of the EXPOCENTRE except upon the regular billboards provided for such purpose by the GENERAL MANAGER. PERMITTEE will use, post or exhibit only such signs, advertisements, show bills, lithographs, posters or cards upon said billboards as relate to the performance or exhibition to be given in the premises under this permit and which meet with the approval of the GENERAL MANAGER.

SECTION 28.0- ADDITIONAL PROVISIONS

28.1 PERMITTEE agrees that he/she not stage any act or performance in which fire or flame is involved without first having obtained the prior written permission of the Fire Chief or Fire Marshall. PERMITEE further agrees that he/she will not use any decorative materials prohibited by City ordinances, Country resolutions, State or Federal laws and building regulations, including but not limited to: crepe paper, cellophane, confetti, cotton, cornstalks, leaves, evergreen boughs, sheaves of grain, streamers, straw, paper, vines, moss or any similar flammable or combustible materials in or about the premises of the KANSAS EXPOCENTRE. All decorative materials must have the prior approval of the Fire Chief or Fire Marshall. PERMITTEE shall not, without written consent of the Fire Chief of Fire Marshall, put up or operate and engine or motor or machinery on the premises or use oils, burning fluids or gases, camphene, kerosene, naphtha or gasoline inside or on the grounds of the KANSAS EXPOCENTRE.

SECTION 29.0- ADVERTISING

29.1 PERMITTEE AGREES NOT TO ADVERTISE. PUBLICIZE OR IN ANY OTHER WAY TO PROMOTE THIS EVENT UNTIL THIS PERMIT HAS BEEN FULLY EXECUTED.

29.2 PERMITTEE agrees that "KANSAS EXPOCENTRE' is and shall be the sole terms used to refer to these grounds and facilities.

29.3 PERMITTEE agrees to submit layout of all printed material, in relation to this event, to the EXPOCENTRE for approval or rejection in advance of printing.

29.4 PERMITTEE agrees not to allow any advertising media, in advertising the event for which PERMITTEE is granted this permit, to imply that the EXPOCENTRE is sponsoring such event unless the event is in face co-sponsored by the EXPOCENTRE.

29.5 PERMITTEE agrees that all advertising of the event will be honest and true and will include accurate information on event times and should there be an admission charge for the event that all advertising state as such.

29.6 PERMITTEE shall not distribute, circulate or permit to be distributed or circulated, any advertising matter or programs at the entrance to, or in or about any part of the EXPOCENTRE, except such advertising of programs as may pertain to the immediate attraction for which this permit is granted. The EXPOCENTRE may not grant a permit for use if these provisions are violated.

29.7 The EXPOCENTRE reserves the right to demand payment to placing same for PERMITTEE.

SECTION 30.0- LOST ARTICLES

30.1 The KANSAS EXOCENTRE shall have the sole right to collect and have the custody of articles left in the building by persons attending any performance, exhibition or event given or held in the aforesaid premises. The PERMITTEE or any person in the PERMITTEE'S employ shall not collect or interfere with the collection or custody of such articles.

SECTION 31.0- RIGHT TO ENTER

31.1 The KANSAS EXPOCENTRE does not relinquish and does hereby retain the right to enforce all necessary laws, rules, resolutions and regulations for the management and operation of said premises. The KANSAS EXPOCENTRE retains the right to enter the aforesaid premises at any time and on any occasion without any restrictions whatsoever.

SECTION 32.0- INTERRUPTION OR TERMINATION OF SHOW

32.1 The EXPOCENTRE retains the right to cause the interruption of any performance in the interests of public safety and to likewise cause the termination of such performance when, in the sole judgment of the GENERAL MANAGER, such act is necessary in the interest of public safety. PERMITTEE hereby waives any claim for damages or compensation should this permit be so terminated.

SECTION 33.0- NON-EXCLUSIVE RIGHT

33.1 The EXPOCENTRE shall retain the right to use and/or license use of such portions of its facility as may not be covered by this permit. The EXPOCENTRE also retains the right to re-enter any part of the premises covered by this permit should such

part become vacant and to determine that such unused portion may be offered for other use with receipts going to the EXPOCENTRE with an appropriate adjustment on PERMITTEE'S rental rate.

SECTION 34.0- DEFAULT OF PERMITTEE

34.1 PERMITTEE further agrees that if any default is made in the payment or the rent or any part thereof at the times above specified, or if any default is made in the permit herein contained, this permit and the relationship of the parties, at the option of the KANSAS EXPOCENTRE, shall cease and terminate. The relationship of the parties, may, at the option of the GENERAL MANAGER, cease and terminate. PERMITTEE shall be liable for the full amount of the rent provided herein, plus actual expenses incurred by the KANSAS EXPOCENTRE, which normally would be considered reimbursement expenses in the fmal settlement. In case suit or action is instituted by the KANSAS EXPOCENTRE to enforce compliance with this permit, the KANSAS EXPOCENTRE shall be entitled, in addition to the costs and disbursements provided by statute, to such additional sums in lawful money of the United States as the court may adjudge reasonable for attorney's fees to be allowed in said suit or action

SECTION 35.0- EVENT REQUIREMENTS

35.1 GENERAL MANAGER has the right to require PERMITTEE to provide, at least ten (10) days before the first day of this permit, a comprehensive event schedule, a complete listing of all participants and/or a full and detailed outline of all event requirements including stage, lighting, personnel, hall and chair requirements and all other such information as may be required by the GENERAL MANAGER concerning the event(s) covered by this permit.

SECTION 36.0- FLOOR PLANS

36.1 PERMITTEE, at the GENERAL MANAGER'S request, may be required to submit two (2) copies of a full and complete floor plan for an exhibit show no less than thirty (30) days before the first move-in day, and no move-in may begin without authorization of said floor plan by the GENERAL MANAGER.

SECTION 37.0- OBJECTIONABLE PERSONS

37.1 GENERAL MANAGER reserves the right to eject, or cause to be ejected, from the premises any objectionable person(s). Neither the County, KANSAS XPOCENTRE, Advisory Board, nor any of its officers, agents or employees shall be liable to the PERMITTEE for any damage that may be sustained by PERMITTEE through the exercise of the GENERAL MANAGER of such right.

SECTION 38.0- COPYRIGHTS

38.1 PERMITTEE will assume all costs arising from the use of patented, trademarked, franchised or copyrighted music, materials, devices, processes or dramatic rights used on or incorporated into the event. PERMITTEE agrees to indemnify, defend and hold the County and EXPOCENTRE Management harmless from any claims or costs, including legal fees, which might arise from question of use of any such material described above.

SECTION 39.0- ACCEPTANCE OF PERMIT

39.1 PERMITTEE agrees to accept all terms and conditions of this permit. Any decision affecting any matter not herein expressly provided for shall rest solely within the discretion of the GENERAL MANAGER.

SECTION 40.0- CONCESSION RIGHTS

40.1 The EXPOCENTRE retains the exclusive rights to operate all concessions in the EXPOCENTRE. The EXPOCENTRE also retains exclusive rights concerning the sale of programs, novelties, souvenirs, merchandise, and advertising materials sold at the EXPOCENTRE. The sale of any of the aforementioned articles must be negotiated through the GENERAL MANAGER prior to sale.

40.2 PERMITTEE will not allow beverages, food, beer, wine or alcoholic liquors of any kind to be sold, given away or used upon said premises without the expressed written approval of the GENERAL MANAGER.

SECTION 41.0- TELEVISION AND BROADCASTING RIGHTS

41.1 The PERMITTEE shall not broadcast by television or radio any event scheduled to be presented in the EXPOCENTRE under the terms of this permit without the prior written approval of the GENERAL MANAGER. If PERMITTEE desires to telecast or broadcast any event, PERMITTEE may be required to pay the EXPOCENTRE an additional fee ofN/A dollars ($N/A),

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

for the consideration received for the privilege of telecasting or broadcasting the event. In addition thereto, PERMITTEE shall pay all costs in connection with the broadcasting by television or radio of said event.

SECTION 42.0- NON-DISCRIMINATION

42.1 EXPOCENTRE and PERMITTEE herein agree that a material condition of executing this permit is that PERMITTEE will not directly or indirectly deny admittance to any person and/or persons on the basis of race, religion, color, sex, physicaVmental handicap, ancestry, national origin or age.


SECTION 44.0- PERSONNEL AND EQUIPMENT

44.1 The EXPOCENTRE will furnish at its expense:

1. Heat and/or air conditioning as available at the aforementioned premises when required by the season and for the use of said premises for the purpose aforesaid on event day sonly. Heat and/or air conditioning will be supplied on move-in and move-out days, only if a building rental fee is paid for those days, by the PERMITTEE.

2. Light and water for ordinary use, for said premises, when required in the opinion of the GENERAL MANAGER for the purpose aforesaid.

3. Turn over a clean building and furnish agreed upon set-up. PERMITTEE must supply the EXPOCENTRE with a signed copy of the building set-up, no later than 10 days prior to the first move-in day.

4. PERMITTEE shall have access to staff to provide custodial services throughout move-in, event and move-out hours of the event.

44.2 PERMITTEE hereby agrees that all personnel, such as public services directors, ushers, ticket takers, doormen, security personnel, sound technicians, stage managers, stage hands and electricians necessary to operate the premises for the event herein specified shall be provided by the EXPOCENTRE AND TOPEKA POLICE DEPARTMENT AS MUTUALLY AGREEABLE.

44.3 Requirements of the PERMITTEE concerning personnel and service are listed below: See Section 46.0- Addendum 1

44.4 Additional equipment, personnel and rates available to PERMITTEE for rent are as follows: Operations Personnel $19.50/hr. 2 hr. min. Electricians $45.00/hr. 1 hr. min. Custodial Personnel $19.50/hr. 2 hr. min. Technical Services Personnel $21.50/hr. Security Supervisor $17.50/hr. 4 hr. min. Phone Hookup $125.00/phone Up to 3 T -Shirt Security $15.50/hr. 2 hr. min. Phone Deposit $1 00. 00/phone Uniform Security $24.00/hr. 2 hr. min. EMT $80.00/hr/2 EMT's Steward $19.00/hr 3 hrmin EMT (Advanced Life Support) $125.00/hour/2 EMT's Ticket Takers $10.50/hr. 2 hr. min. Forklift $1 00.00/ day/unlimited Ushers $10.50/hr. 2 hr. min. Forklift Operator $19.50hr. Box Office Supervisor $13.00/hr. 2 hr. min. Boomlift (Including Operator) $75.00/hr. Ticket Sellers $10.50/hr. 2 hr. min. Spotlight Rental $70.00 each Rope & Stanchions $3.00/per rope section Pipe &Drape $2.00/ft. Upriggers $47.50/hour 7 hr. min. Stagehands, Loaders, etc. $17.00/hr. 4hrmin/mi Downriggers $35.00/hour 7 hr. min. Spotlight Operators $17.00/hr. 3 hr. min. House Light Operator $21.50/hr. 3 hr. min. Runner $17.00/hr. Tables $5.00 each Wired High Speed Internet $200.00/event (5 days notice) Chairs $1.00 each (inside) Gator Box with (I) Wireless Mic $50/day Debris Removal $55.00 Truck load (based on current fuel charge) Stage Set-Up $250.00 Additional Wireless Mic $30/day Ice Cover Fee $400.00 Penalty Box Removal Fee $1,200.00

SECTION 45.0- SPECIAL RESTRICTIONS

45.1 No soft drink and/or mixer, other than those produced by the EXPOCENTRE'S exclusive franchise, Pepsi-Cola Bottling Co. of Topeka, Inc., shall be bought, sold or otherwise dispensed on the premises covered by the EXPOCENTRE'S contract, without the written permission of the GENERAL MANAGER. No soft drink beverage trademark, trade name, symbol,

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

slogan, emblem, insignia or other design used in connection with the sale, advertisement or promotion of any soft drink product and/or mixer other than those of products produced by the EXPOCENTRE'S exclusive licensee, Pepsi-Cola Bottling Co. of Topeka, Inc., shall be displayed on or in the premises covered by the EXPOCENTRE'S contract without the written permission of the GENERAL MANAGER.

45.2 No taping, tacking, stapling, nailing, gluing, etc. on walls. Banners, if applicable, are to be hung at locations approved by the GENERAL MANAGER.

SECTION 46.0- FORCE MAJEURE

46.1 PERMITTEE, KANSAS EXPOCENTRE, COUNTY, BOARD, GENERAL MANAGER, EMPLOYEES, VOLUNTEERS, THEIR DESIGNEES and parties shall not be liable in damages and have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. General Manager shall have the fmal authorization in the cancellation of the event due to the above items.

SECTION 47.0- ADDENDUM 1

~ PERMITTEE agrees to reimburse the EXPOCENTRE an amount equal to $19.50 per hour for any set-up changes, with a minimum fee of$39.00 for said changes.- N/A

~ Building access other than specified in this permit shall be at the discretion of the GENERAL MANAGER, or his designee. If such access is granted, a fee of$39.00 per hour shall be assessed to the PERMITTEE.- N/A

~ PERMITTEE must spell "KANSAS EXPOCENTRE" correctly when used in any advertising or marketing done in support of any event. Non-compliance with this regulation may result in PERMITTEE being charged for any correct reproduction of advertising or marketing materials.

~ PERMITTEE shall submit any plans for event related, non-ticketed entry into the facility to the GENERAL MANAGER for written approval of the plan, no later than 14 days prior to the event.

~ The EXPOCENTRE retains the right to approve all special promotions regarding discounting of tickets or admission to PERMITTEE'S event. All plans for discounting event tickets must receive the written approval of the GENERAL MANAGER, or his designee, prior to the implementation of said plans.

~ PERMITTEE shall contract with an independent contractor to provide pipe and drape and all booth equipment or accessories to be made available for exhibitors.

~ PERMITTEE shall inform vendors and exhibitors that helium filled balloons may be used only for decorative purposes, and that any distribution of helium filled balloons is expressly prohibited.

~ The EXPOCENTRE is a non-smoking facility. The facilities that this includes are: Landon Arena, Exhibition Hall, Agricultural Hall, Heritage Hall and the R.R. Domer Livestock Pavilion. No smoking is allowed inside the buildings. Designated smoking sections are stationed outside the facilities. This policy will be enforced by EXPOCENTRE staff and the show management.

CATERING

~ PERMITTEE shall enter into an agreement with HEART OF AMERICA prior to offering for sale T-shirts, caps, records, tapes, posters or any other items considered to be novelties. Bob Loluneyer, General Manager, 785/354-7776.

~ PERMITTEE shall not sell exhibit space so as to use space dedicated to concession seating, nor block access to the concession point of sale.

~ The consumption of alcoholic beverages may only take place within the confmes of the building.

~ PERMITTEE is required to enter into a contract with the CAPITAL PLAZA HOTEL (785-431-7200) for all catering required by the event.

~ PERMITTEE shall contact the CAPITAL PLAZA HOTEL for any table clothing or skirting needs.

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

SECTION 48.0- SIGNATURES

IN WITNESS WHEREOF, we the said parties herein set our hands and seal.

FOR THE PERMITTEE:

Accepted by: TED ENSLEY Date Title: SHAWNEE COUNTY COMMISSION, CHAIRMAN

Accepted by: MARY THOMAS Date Title: SHAWNEE COUNTY COMMISSIONER, VICE CHAIR

Accepted by: SHELLY BUHLER Date Title: SHAWNEE COUNTY COMMISSIONER

If Corporation, must also be attested by Corporate Secretary

CINDI BECK, COUNTY CLERK

FOR THE COUNTY:

KANSASEXPOCENTRE

H.R. COOK, GE MAN ER FORSHAWNEECOUNTY,KANSASEXPOCENTRE AND SMG, AS THEIR AGENT, ACCEPTED IN HIS CAP A CITY AS GENERAL MANAGER FOR THE KANSAS EXPOCENTRE

Reviewed as to content

d$\?l~s~ $-\\.5\ ?_j:;\{__.

Date KANSASEXPOCENTRE ONE EXPOCENTRE DRIVE TOPEKA, KANSAS 66612-1442

Date

Date

(785) 235-1986 FAX (785) 235-2967

Prepared by: SR

Event Coordinator: SHAUN RICE Review: -----Typed by: SR Date: December 18,2012

Date: ----

DATE:

TO:

FROM:

RE:

Shawnee County

Office of County Clerk CYNTHIA A. BECK

December 17, 2012

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

Memorandum

Board of C~un:@Jcommissioners

Cynthia ~~J'~ounty Clerk

2013 Cereal Malt Beverage License

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

Please place on the agenda for consideration the Resolution and accompanying documents related to issuing a 2013 Cereal Malt Beverage License including Sunday Sales for The Shack Inc. located at 2842 SW 29th Street, Topeka, Kansas.

This application has been reviewed by the Counselor's Office. There are no delinquent taxes owing on this property. The Kansas Bureau of Investigation and Township have been notified. A health inspection has been performed.

Thank you for this consideration.

Attachments

RESOLUTION NO.(J/)(,1 .. j~()

WHEREAS, the Township Board, having been given notice pursuant to K.S.A. 41-2702(b), concerning the application for a Cereal Malt Beverage License,

AND WHEREAS, the Kansas Department of Agriculture has no objection to a Cereal Malt Beverage License being issued to the applicant listed herein for the year 2013.

AND WHEREAS, the Kansas Bureau of Investigation has no objection to a Cereal Malt Beverage License being issued to the applicant listed herein for the year 2013.

AND WHEREAS, the Board of County Commissioners of Shawnee County, Kansas, knows of no reason why the following application for Cereal Malt Beverage license should not be allowed:

The Shack Inc. 2842 SW 29th Street

Topeka, Kansas

THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, sitting in regular session on this __ day of _____ , 2012 that the application for Cereal Malt Beverage License be approved and the County Clerk be authorized and directed to issue a license to the above listed applicants.

ATIEST:

Cynthia A. Beck, County Clerk



Mary Thomas, Vice-Chair

Michele A. Buhler, Commissioner

... Kansas Sales Tax Number:/ OiJ.:3/ tPO/p (Corporate Application Form) APPLICATION FOR LICENSE TO RETAIL CEREAL MALT BEVERAGES

----------------!Ss-IH-IJArt,I'NNEE-GGIJNTY,I<ANSAS 26>'\i-----------------------~----------

OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS. 1

cotporation .c and

under authority of the resolution of the Board of Directors o said cotporation, hereby apply for a license to sell retail cereal malt beverages in conformity with the laws of the State of Kansas and the rules and regulations prescribed and hereafter to be prescribed by you relating to the sale or distribution of cereal malt beverages on behalf of said cotporation; foi the putppse of securing such license, I make the following statements under oath: ·

corporation with principal place of business at ;;{;-~~~ 1.2 ~'i:u .

with office~ r-1. • '.±' 'CS IE: ~"~~

Said corporation ~incorporated on 3·- 5=-S 0 in the state of ~ )'\ <.:>tS If incorporated in Kansas, a copy of the Articles of Incorporation is on file with the Secretary of State. Yes~) No( )c

2. The following is the lull and complete list of officers, directors and stockholders owning in the aggregate more than 25 percent of corporate stock, together with their positions and addresses, ages and dates of

birt)!.,- . • • s . ' 1) '

l \0-W~ ipy:jxtt;-~!(:~

The corporate business under the license will be conducted in the name

of the corer\;r i~~~o;J?,"a! .. tY

4. The nama(s) and address(es) of the owner or O'Nnera. of the premises upon which the place of bus:;rs is located is/are 5Vl"(k!f? 0,/";;z I

5. I hereby certify with regard to each of the persons named in number 2 above the following statements are true: (a) None of them has within the last two years from this date been convicted of

(1) A felony (2) A crime involving moral turpitude (3) Drunkenness (4) Driving a motor vehicle while under th·e influence of

Intoxicating liquor (5) Violation of any state or federal intoxicating liquor law If any of the above have been convicted of any of the above specified offenses, the details are set out hereinafter.

(b) No manager, officer or director or any stockholder owning in the aggregate more than 25% of the stock of the corporation has been an officer, manager or director, or a stockholder owning in the aggregate more than 25% of the stock of a Corporation which:

(1) has had a retailer's license revoked under K.SA 41-2708 and amendments thereto; or (2) has been convicted of a violation of The Drinking Establishment Act or the Cereal Malt Beverage Laws of the State.

The place o~ness will be conducted by the following manager(s): Name ·. (h·-~mo<+--'

Residence Address ':1:~, l'\ , "\iS~ v<' f '- C/DC liJ!'sl.,), \,~1~ • 11-::.CP't: '(

Date of birth \/;)....- ~o-S S

I hereby certify that with regard to this above-named manager the statement contained in number 5 above is in every respect.true. If not, the details are set out hereinafter.

7. This application Is for a license to retail cereal malt beverages for consumption on t~e premises ( ). For a license to retail cereal malt beverages In original and unopened containers and not for consumption on the premises. ( )

B. Appliconts.social securitv number_

·:rC?\,u":::. S'[)v··h- 2res:ck>...vt · ) (Name and position with corporation)

on behalf of the above-named applicant, hereby agree to comply with all laws of the State of Kansas, and all rules and regulations prescribed and hereafter to be prescribed by you, relating to the sale and distribution of cereal malt beverages, and do hereby agree to purchase all cereal malt beverages from a wholesaler, licensed and bonded under the laws of the State of Kansas, and do hereby further consent to the immediate revocation of the cereal malt beverage license issued pursuant to this aPPlication by the proper officials lor the violation of any such laws, rules or regulations.

::·~;:~~L--Sectetary of Corporation

STATE OF KANSAS, COUNTY OF SHAWNEE, ss.

~S hw11 1rx .k4-Gn·' \ ~-' By~~~~~~~~~~~~~~~~-

(Signature and position of i !vidual making application on behalf of corporation)

-. s Q _ _JI_:_n_!::!Ct~v~i'.d.;,=.:..:..rn..:..:..~==---------ofthe ~-5) ~ _1;'1'"'(:...

(Signature and offic~al posi ion) (Name of corporation) soiemnly' sweal'-tha"' · e --~d the contents of this application, ~nd that all inform~tion a~d answers herein contained are complete and true. God. ../ -- · - {),..""_:;, (Stgnature and offictal posttton) . . ~ II SUBSCRIBED AND SWORN TO before me this 2.o_ .day of tJ' QVlLM. ~~#~2.

. Character of offictaj jldminist,enng oath: ) __ ,/Jc:'-':Lbv-=:r-1--~1-;..-;,;·~-P· !"f___.,·=--:_ _________ _ My commission 'expires on _dCllay of .B qrC ~ ' , A. : i

So help me

APPLICATION APPROVED this _____ day of , A.D. 2012 By , Chair-Board of County Commissioners Of Shawnee County, Kansas ... Ryan~ck-

NOTMY I'UILIC-STAJE OF MY APPT EliP' ( .;J . A License fee of$~ Is enclosed herewith.

~.·

--------------------------------,

AFFIDAVIT FOR SUNDAY SALES ON PREMISES

STATE OF ~rSAS, C~UNTY OF SHAWNEE, SS.

I ~td 4t S ~ ~ ~ , the applicant in the application to which this affidavit is attached, do solemnly swear that:

1. Sales of cereal malt beverages will be permitted on Sunday, only for consumption on the premises.

I do solemnly swear that I have read the contents of this affidavit, that all information and statements herein contained are complete and true, and that all provisions of this affidavit will be complied with. So help me God.

(Signatur a official position)

SUBSCRIBED AND SWORN. TO before me this -;; 0 day of /lf r) J 2012 .

.4. Ryan B"'ckNotARY PUILIC- !ATE F KANSAS

. No-~vt/ ·~~ (Charactef of officiafadministering oath)

MY APPT EXP: I " y commission expires on the .. ;20 day of de:crc... h

*********

APPLICATION APPROVED this ___ day of ______ , 2012.

By _________________ __

(Official position) of Shawnee County, Kansas.

KEEP THIS LICENSE POSTED CONSPICUOUSLY AT ALL TIMES

Fee, $525.00 RETAIL No. 2013-8

DEALERS 2013 LICENSE

CEREAL MALT BEVERAGES

TO ALL WHOM IT MAY CONCERN:

License is hereby granted to The Shack, Inc. for consumption on the premises and Sunday Sales located at 2842 SW 29th Street, Topeka, Kansas in the Township of Topeka in Shawnee County, Kansas

Application therefor, on file in the office of the County Clerk of said County, having been approved by the governing body oiiaid Township, as provided by the Laws of Kansas, and the regulations of the Board of County Commissioners.

This license will expire December 31, 2013, unless sooner revoked, is not transferable, nor will any refund of the fee be allowed thereon.

Done by the Board of County Commissioners of Shawnee County, Kansas, This __ day of , 2012

Attest: ______________ _ Cynthia A. Beck Shawnee County Clerk

Theodore D. Ensley Chair

Common/deb/cmb/cmb license for consumption on premises. doc

. . 'GENERAL FUND 10 2012 2012

Budgeted Actual %Expended

for Period 13; 1/1/12 to

11/30/2012

Name

AMBULANCE 10AL100

-Transfer 1,057,798 1,047,798 99%

Total 1,057,798 1,047,798 99%

ANIMAL SHELTER 10AL101

-Transfer 129,110 129,110 100%

Total 129,110 129,110 100%

APPRAISER 10APOOO

- Salary and Wage 1,430,184 1,261,985 88%

-OOE 158,008 92,647 59%

- Capital Outlay

Total 1,588,192 1,354,632 85%

AUDIT FINANCE 10AFOOO - Salary and Wage 489,627 412,672 84%

-OOE 39,340 13,232 34%

- Capital Outlay

Total 528,967 425,904 81%

BOARD COUNTY COMMISSIONERS 10BCOOO

- Salary and Wage 272,968 252,326 92%

-OOE 6,218 3,814 61%

- Capital Outlay

Total 279,186 256,140 92%

CI/CO COMMUNITY RESOURCES 10AL102 -Transfer 46,495 46,495 100%

Total 46,495 46,495 100%

CLERK 10CCOOO

- Salary and Wage 740,837 697,986 94%

-OOE 12,935 7,474 58%

- Capital Outlay

Total 753,772 705,460 94%

CONSERVATION DISTRICT 10AL 103

-Transfer 45,000 45,000 100%

Total 45,000 45,000 100% COUNSELOR 10COOOO

- Salary and Wage 472,326 453,036 96%

- OOE 43,752 20,743 47%

- Capital Outlay

Total 516,078 473,779 92%

COUNSELOR- TAX FORECLOSURE 10C0113

- Salary and Wage 1,907 not budgeted

- OOE 34,000 31,337 92%

- Capital Outlay

Total 34,000 33,244 98%

COURT SECURITY 10CT116

- Salary and Wage 333,133 305,372 92%

-OOE 83,000 66,810 80%

- Capital Outlay

.----- ---------------------------- - -----------------

Total 416,133 372,182 89%

COURTS - ADMINISTRATIVE JUDGES1 OCTOOO

- Salary and Wage 104,245 123,192 118%

-OOE 1,794,380 1,668,527 93%

- Capital Outlay

Total 1,898,625 1,791,719 94%

COURTS - CLERK OF DIST CT 10CT115

- Salary and Wage 10,963 not budgeted

-OOE 208,417 132,733 64%

Total 208,417 143,696 69%

COURTS - COURT SERVICES 10CT114

- Salary and Wage

-OOE 198,248 ' 105,431 53%

- Capital Outlay

Total 198,248 105,431 53%

COURTS - COURT IT 10CT274

- Salary and Wage 116,540 106,688 92%

-OOE

- Capital Outlay

Total 116,540 106,688 92%

DISTRICT ATTORNEY 10DAOOO

- Salary and Wage 3,084,461 2,724,105 88%

-OOE 45,425 42,735 94%

- Capital Outlay

Total 3,129,886 2,766,840 88%

DISTRICT CORONER 10MEOOO

- Salary and Wage 301,721 263,331 87%

-OOE 98,279 46,020 47%

- Capital Outlay

Total 400,000 309,351 77%

ELECTIONS 10ELOOO

- Salary and Wage 738,449 637,523 86%

-OOE 493,955 427,239 86%

- Capital Outlay

Total 1,232,404 1,064,762 86%

EMERGENCY MANAGEMENT 10EMOOO

- Salary and Wage 162,134 165,747 102%

-OOE 76,900 73,220 95%

- Capital Outlay

-Transfer

Total 239,034 238,967 100%

EXPOCENTRE 10AL 105

-Transfer 1,487,700 1,294,183 87%

Total 1,487,700 1,294,183 87%

EXTENSION COUNCIL 10AL 104

-Transfer 615,013 615,013 100%

Total 615,013 615,013 100%

FACILITIES MANAGEMENT 10HR121

- Salary and Wage 226,362 221,970 98%

-OOE 380,450 269,480 71%

- Capital Outlay

Total 606,812 491,450 81%

FAIR BOARD ASSOCIATION 10AL 106

-Transfer 65,700 65,700 100%

Total 65,700 65,700 100%

GENERAL EXPENSE - Util, Ins, 10GEOOO

- Salary and Wage 55,000 80,676 147%

-OOE 7,600,500 6,300,385 83%

- Capital Outlay 689,464 not budgeted

Total 7,655,500 7,070,525 92%

GENERAL EXPENSE- Debt Service 10DSOOO

- Debt Service 6,858,724 5,764,407 84%

Total 6,858,724 5,764,407 84%

HEALTH AGENCY 10AL 112

-Transfer 4,386,731 4,386,731 100%

Total 4,386,731 4,386,731 100%

HEALTH AGENCY - AGING SRVCES 1 OAL 107

-Transfer 222,316 222,316 100%

Total 222,316 222,316 100%

HUMAN RESOURCES 10HROOO

- Salary and Wage 241,483 210,185 87%

-OOE 2,410 1,747 72%

- Capital Outlay

Total 243,893 211,932 87%

IT 101TOOO

- Salary and Wage 1,899,488 1,760,295 93%

-OOE 962,741 813,694 85%

- Capital Outlay

Total 2,862,229 2,573,989 90%

IT- TELEPHONE 101T122

-OOE 155,632 74,254 48%

- Capital Outlay

Total 155,632 74,254 48%

JAIL - DETENTION FACILITY 10DFOOO

- Salary and Wage 13,786,537 12,513,994 91%

-OOE 1,300,499 1,269,578 98%

- Capital Outlay

Total 15,087,036 13,783,572 91%

JAIL - EXPANSION 10DF117

-OOE 81,200 68,223 84%

Total 81,200 68,223 84%

JAIL FOOD SERVICE 10DF120

-OOE 924,042 800,535 87%

Total 924,042 800,535 87%

JAIL HEALTH SERVICES 10DF118

-OOE 2,570,044 2,801,778 109%

Total 2,570,044 2,801,778 109%

JAIL TRUSTEE PROGRAM 10DF119

- Salary and Wage 128,257 103,230 80%

Total 128,257 103,230 80%

MENTAL HEALTH 10AL 108

-Transfer 1,826,512 1,826,512 100%

Total 1,826,512 1,826,512 100%

MENTAL RETARDATION 10AL109

-Transfer 1,025,540 1,025,540 100%

Total 1,025,540 1,025,540 100%

P& R-GOLF 10PR124

- Salary and Wage 509,698 628,969 123%

-OOE 1,116,557 861,937 77%

- Capital Outlay

Total 1,626,255 1,490,906 92%

P & R- REC DEPARTMENT 10PROOO

- Salary and Wage 4,232,301 3,779,070 89%

-OOE 1,598,267 1,573,785 98%

- Capital Outlay

Total 5,830,568 5,352,855 92%

P & R - PARKS DEPT 10PR123

- Salary and Wage 2,937,522 2,970,858 101%

-OOE 2,490,815 1,830,156 73%

- Capital Outlay

Total 5,428,337 4,801,014 88%

P & R - PARK POLICE/CMP 10PR130

- Salary and Wage 193,942 214,027 110%

-OOE 11,300 30,639 271%

- Capital Outlay

Total 205,242 244,666 119%

P & R- PARK ADMIN/WESTLAWN 10PR131

- Salary and Wage 479,196 469,182 98%

-OOE 1,430,402 1,299,308 91%

- Capital Outlay

Total 1,909,598 1,768,490 93%

PLANNING DEPARTMENT 10PLOOO

- Salary and Wage 270,747 248,310 92%

-OOE 17,351 14,924 86%

- Capital Outlay

Total 288,098 263,234 91%

PURCHASING 10PUOOO

- Salary and Wage 159,593 99,663 62%

-OOE 800 575 72%

- Capital Outlay

Total 160,393 100,238 62%

PW - BRIDGE MAINTENANCE 10PW127

-Salary and Wage 443,516 306,031 69%

-OOE 93,024 69,338 75%

- Capital Outlay

Total 536,540 375,369 70%

PW - EQUIPMENT MAINTENANCE 10PW128

- Salary and Wage 406,744 336,838 83%

-OOE 1,150,327 655,552 57%

- Capital Outlay

Total 1,557,071 992,390 64%

PW- ROAD MAINTENANCE 10PW126

- Salary and Wage 1,905,095 1,393,363 73%

-OOE 1,826,509 1,346,295 74%

- Capital Outlay

Total 3,731,604 2,739,658 73%

,------- - -- ----

~

PW- ROAD & BRIDGE ADMIN 10PWOOO

- Salary and Wage 869,221 746,141 86%

-OOE 207,237 141,919 68%

- Capital Outlay 650,000 650,000

Total 1,726,458 1,538,060 89%

REGISTER OF DEEDS 10RDOOO

- Salary and Wage 271,508 197,784 73%

-OOE 5,750 18,304 318%

- Capital Outlay

Total 277,258 216,088 78%

SERVICE PROGRAMS ELDERLY 10AL110

-Transfer 621,583 621,583 100%

Total 621,583 621,583 100%

SHERIFF 10SHOOO

- Salary and Wage 12,649,902 11,132,452 88%

-OOE 1,475,912 1,191,131 81%

- Capital Outlay

Total 14,125,814 12,323,583 87%

SOCIAL SERVICE GRANTS 10AL 111 -Transfer 241,931 241,931 100%

Total 241,931 241,931 100%

TREASURER 10TROOO

- Salary and Wage 332,065 271,692 82%

-OOE 68,324 35,471 52%

- Capital Outlay

Total 400,389 307,163 77%

WEED DEPARTMENT 10NWOOO - Salary and Wage 156,897 133,042 85%

-OOE 156,463 155,360 99%

- Capital Outlay

Total 313,360 288,402 92%

Grand Total 98,601,265 88,262,713 90%

SUMMARY OF REVENUES FOR FY 2012 (JANUARY THRU DECEMBER) 6-Fet>-12 66.67%

FY12 Total Received YTD % FY 2012

Fee I Category Oct. Nov. Dec. +1- FY 2012 (Rounded) Received Projected

40101 Ad valorem Tax Special Assess Tax 193,432 2,589,083 61,797,444 95.98% 64,386,527 40204 Delinquent Tax - (663,576) 1,392,027 191 .09% 728,451 40303 Motor Vehicle Excise Tax - (27,673) 27,673 0 40301 MVTax 855,484 1,258,954 5,892,818 82.40% 7,151,772

40305 Recreational Vehicle Tax 8,081 20,701 54,336 72.41% 75,037

40401 Local Alcoholic Liquor Tax 319,569 383,245 54.53% 702,814

40801 In lieu of tax 1,866 290,147 99.36% 292,013

40701 1620M Veh 95 (4,576) 75,865 106.42% 71 ,289

40601 Franchise tax 19,129 90,548 (70,162) 420,162 120.05% 350,000 40502 CI/CO Highway 510,129 (57,743) 2,236,946 102.65% 2,179,203 40002 Tax Check Holding (30) 30 0 40008 Telecommunications/Railroad - 0 0 0 41101 Licenses - 1,309 4,1 91 76.20% 5,500 41201 Mortgage Registration fees 281 ,279 130,960 (870,080) 2,070,080 172.51% 1,200,000

413 County Officers fees 15,717 16,692 64,330 175,670 73.20% 240,000 42303/04 County Officer- Process/Records (SH) 26,283 8,776 (126,425) 126,425 0

41401 Filing Fees 30,537 24,882 (84,287) 302,287 138.66% 218,000 415 Zoning Fees 14,800 6,887 (8,067) 108,067 108.07% 100,000 416 Fees, other Claw Back (ge) (204,620) 204,620 0.00% 0 416 Fees, other (ap,ct,pl) 1,190 1,138 (8,206) 11,206 373.54% 3,000 416 Fees, other- Parks & Rec 57,229 17,771 23.69% 75,000 416 Fees, other- Sheriff 17,820 18,594 (75,062) 135,062 225.10% 60,000

40901 Fees - NRA(rebate) - (51 ,499) 51,499 0 41602 Fees- Pools 4,821 3,936 (248,620) 523,620 190.41 % 275,000 41609 Fees -Campgrounds 6,320 1,144 (150) 100,150 100.15% 100,000 41645 Fees - Golf Carts 200,000 0 0.00% 200,000 41651 Fees- Advrtsng (ADMIN BETTIS) 716 (65,872) 65,872 0

41604/07/08 Fees I Westlawn 1,100 3,200 (19,812) 19,812 0 41653 Fees I Old Prairie Town 5,676 2,098 (42,139) 42,139 0 41654 Fees I Helen Hocker Theatre 1,393 7,484 (77,780) 77,780 0 41655 Fees I Mini Train & Carousel 7,514 554 (118,429) 118,429 0 41701 Concessions 6,773 (271 ,957) 501,957 218.24% 230,000 41801 Membership Fees -Golf 100,000 0 0.00% 100,000 41620 Golf Green Fees 96,531 58,236 (946,303) 1,221,303 444.11% 275,000 41901 Reservations 31 ,148 21 ,556 (207,796) 382,796 218.74% 175,000

420 Registrations 86,591 53,108 (1,037,821) 1,617,821 278.93% 580,000

42003 Registrations -Softball 80,000 0 0.00% 80,000

42002 Registrations - Baseball 124,965 35 0.03% 125,000

431 Care of prisoners (fed,city&other co's) 72,250 93,464 136,900 1,363,100 90.87% 1,500,000 43104 Book-in Fees 7,567 6,222 33,960 86,040 71 .70% 120,000

441 Penalties & lnt 70,896 34,762 183,941 91 6,059 83.28% 1,100,000 457 Reimbursements (61 ,776) 9,767 770,844 104,1 56 11.90% 875,000 463 Investment lnt- Budget 8,695 3,353 189,503 110,497 36.83% 300,000

46201 Rent 32,461 (2,384) 97,384 102.51% 95,000 47535 Shawnee Heights Bball Improvement (175,000) 175,000 0 60001 Operational Transfer (lnterfund Exchange) 6,670 3,146 112,457 337,543 75.01 % 450,000

40776/47301 Special Assessments 13,465 1,194 (236,887) 4,293,991 105.84% 4,057,104 Bond Proceeds - 50,000 0 0.00% 50,000

' .., '

SUMMARY OF REVENUES FOR FY 2012 (JANUARY THRU DECEMBER) 6-Feb-1 2 66.67%

FY12 Total Received YTD % FY 2012

Fee I CateCJorv Oct. Nov. Dec. +/- FY 2012 (Rounded) Received Projected

41601 Other Revenues -Coroner (1,048) 1,048 0

Other Revenues -OF (Collect Calls) 115,000 0 0.00% 115,000

47505/08/09/50 Other Revenues -Work Release 9,591 13,187 (239,591) 269,591 898.64% 30,000

Other Revenues -Tax Foreclosure - 3,303 1,697 33.94% 5,000

Other Revenues - Elections 585 226 38,366 11 ,634 23.27% 50,000

Other Revenues - Sheriff 20,189 9,111 (31 ,097) 56,097 224.39% 25,000

Other Revenues - Motor Vehicle 104,397 245,603 70.17% 350,000

Other Revenues - Parks & Rec 840 3,860 (19,089) 29,089 290.89% 10,000

Other Revenue - Debt Service 0 0 0

Other Revenues - Mise 31 ,775 1,221,574 (1 ,877,185) 1,877,185 0

48001/48100 Mise Receipts - US Adj 246 (409) (1 ,131) 1,131 0

48400 Sales Tax Collected (weed) 104 42 (3,052) 3,052 0

43501 Sale of Health Agency (2,993,575) 2,993,575 0

Admin Fee - JEDO 35,016 0 0.00% 35,016

City of Topeka - P&R Merger 231,036 3,778,478 94.24% 4,009,514

City of Topeka - P&R Fees/Mise 2,617,836 0 0.00% 2,617,836

Jul-12 (REIMB DIFF DUE TO WEED'S QTRLY REIMB (180,169.09)

Jun-12 REIMB (LARGE DO TO REFUND OF YRC SITE 259) AD VALOREM TAX IS UP IN JUNE BECAUSE OF DIST DATE

May-12 OTHER REVEN UES- M ISC HAS THE UMB ISSUERS FEES OF $249,970.95

Aug-12 PARKS & REC MERGER RECEIVED 2ND HALF

Nov-12 OTHER REVENUES- MISC HAS UMB ISSUERS FEES OF $670,262.88 AND INS PROC OF $316,062.34

FY 2012 Fees Collected by Month 2,436,115 1,849,2931 ol (1 ,428, 159) 97,201 ,235 101 .49% 95,773,076

.....

Comparison of Revenues for FY 2011VS2012(January thru December)

FY 2012 vs. 1

Fee I Category OCT'11 OCT'12 Nov. '11 Nov. '12 FY 2011 FY 2012 2011 I 40101 Ad valorem Tax 155,442 193,432 - 58,216,999 61 ,797,445 3,580,446 I

40204 Delinquent Tax - - - 2,250,632 1,392,027 (858,605 11 40303 Motor Vehicle Excise Tax - - 28,907 27,673 (1 ,234 40301 MVTax 859,958 855,484 - - 5,929,475 5,892,819 (36,656 40305 Recreational Vehicle Tax 8,742 8,081 - - 60,805 54,335 (6,470 40401 Local Alcoholic Liquor Tax - - - 65,929 383,244 317,315 40801 In lieu of tax - - - 283,842 290,146 6,304 40701 1620M Veh 408 95 - 69,917 75,866 5,949 40601 Franchise tax 19,129 102,268 90,548 526,830 420,164 (106,665 40502 CI/CO Highway 516,695 510,129 - 1,899,559 2,236,947 337,388 40002 Tax Check Holding - - - - - 30 30 40008 Telecommunications/Railroad - - - - - 0 41101 Licenses 338 - 232 - 7,348 4,191 (3,158 41201 Mortgage Registration fees 128,578 281 ,279 148,226 130,960 1,529,367 2,070,081 540,714

413 County Officers fees 17,613 15,717 16,245 16,692 225,328 175,669 (49,659) 42303/04 County Officer-Process/Records (SH) 26,283 8,776 - 126,425 126,425

41401 Filing Fees 24,429 30,537 26,324 24,882 268,673 302,287 33,614 415 Zoning Fees 10,296 14,800 6,737 6,887 78,017 108,067 30,050 416 Fees, other Claw Back (ge) - - - 204,620 204,620 416 Fees, other (ap,ct,pl) 3,048 1,190 1,118 1,138 53,021 11 ,208 (41 ,813 416 Fees, other- Parks & Rec 4,562 - - - 26,668 17,771 (8,897 416 Fees, other - Sheriff 13,097 17,820 11,067 18,594 181 ,343 135,064 (46,279

40901 Fees - NRA (rebate) 1,945 - - 1,945 51,498 49,553 41602 Fees- Pools 118 4,821 - 3,936 307,920 523,621 215,701 41609 Fees - Campgrounds 5,120 6,320 1,481 1,144 99,233 100,150 917 41645 Fees - Golf Carts - - - 0 41651 Fees - Advertsing (GOLDEN GIANTS) 731 716 - 56,857 65,872 9,015

41604/07 Fees, other- Westlawn 1,100 3,200 - 19,811 19,811 41653 Fees, other - Old Prairie Town 5,676 2,098 - 42,138 42,138 41654 Fees, other - Helen Hocker Theatre 1,393 7,484 - 77,780 77,780 41655 Fees, other - Mini Train & Carousel 7,514 554 - 118,428 118,428 41701 Concessions 1,741 6,773 221 - 290,099 501 ,957 211 ,858 41801 Membership Fees - Golf - - - - - 0 41620 Golf Green Fees 72,1 09 96,531 30,758 58,236 778,542 1,221 ,303 442,761

41901 Reservations 14,215 31 ,148 10,525 21 ,556 188,295 382,797 194,502 420 Registrations 43,024 86,591 22,622 53,108 753,330 1,617,822 864,492

42003 Registrations - Softball - - - - - 0 42002 Registrations - Baseball - - - - - 35 35

431 Care of prisoners (fed,city&other co's) 109,706 72,250 108,584 93,464 1,096,237 1,363,101 266,864 431 Book-in Fees 6,165 7,567 8,023 6,222 83,914 86,040 2,127 441 Penalties & Interest 93,721 70,896 89,389 34,762 1,311,744 916,059 (395,685)

Shawnee County C!_;

Office of County Counselor RICHARD V. ECKERT County Counselor

Shawnee County Courthouse 200 SE 7th St., Ste. 1 DO

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

Fax(785}291-4902

MEMORANDUM

TO: Board of Shawnee County Commissioners

FROM:

DATE:

RE:

Richard V. Eckert, Shawnee County Counselor . i ~1 Jonathan C. Brzon, Assistant Shawnee County Counselor< l VJ

December 13, 2012 J

Resolution Authorizing the County Counselor to Settle Certain Claims

Please place the following item on the Thursday, December 20, 2012 Commission Agenda.

We frequently receive claims against the County in which the investigation clearly reveals that Shawnee County employees were responsible for the damage. Most of these claims are for less than $1,000.00.

Rather than continue to put these relatively small, undisputed claims on the agenda, the attached resolution would give the County Counselor's Office the authority to negotiate, settle and approve any claim against the County provided there was no dispute that the county was legally liable and the amount of the claim does not exceed $1,000.00.

I believe that the proposed resolution would be beneficial to the County and the public in the following respects:

• It would give our office flexibility to negotiate with some of the claimants to settle for a reduced dollar amount, rather than force the Board of County Commissioners to make an "all or nothing" decision during the meeting.

• It would speed up the process. Currently, it takes several weeks to get a citizen's claim paid because of the time necessary to investigate, provide adequate notice to the claimant as to when the claim will be considered on the Commission agenda and finally to issue payment. Bypassing the need for consideration on the agenda will speed the process by at least 2 weeks.

• It would save citizens the time and effort of coming to Commission meetings to see whether or not their "undisputed" claim will be approved.

If you have any questions, please do not hesitate to contact me.

Attachments

c: Ms. Cynthia A. Beck, Shawnee County Clerk

RESOLUTION NO. 2012-,2(){1--/'fj

A RESOLUTION AUTHORIZING THE SHAWNEE COUNTY COUNSELOR

To SETTLE CERTAIN CLAIMS AGAINST THE COUNTY

Sponsored By Commissioner Ensley

WHEREAS, the Board of County Commissioners of the County of Shawnee, Kansas, desires to facilitate and streamline the process of resolving certain claims against the County;

NOW, THEREFORE, the Board of County Commissioners of the County of Shawnee, Kansas, meeting in regular session this day of , 2012, does hereby resolve as follows:

1. The Shawnee County Counselor is hereby authorized to negotiate, settle and approve any claim filed against the County whenever the following conditions are satisfied:

a. An investigation has been conducted by the department head of the County department against whom the claim is made; and

b. The department head's investigation reveals that there is no dispute that the County caused the claimed damage or injury; and

c. The County Counselor concurs with the fmding of the department head and finds that the County is legally liable for the claim; and

d. The amount ofthe claim does not exceed One Thousand Dollars ($1,000.00)

2. If the conditions referenced in paragraph 1 are satisfied, the County Counselor may issue a memorandum to the County Clerk authorizing payment of the claim in an amount not to exceed One Thousand Dollars ($1,000.00).

ATTEST:


APPROVED AS TO FORM AND LEGALITY



Mary M. Thomas, Vice-Chair

Michele A. Buhler, Member

BY THE SHAWNEE COUNTY COUNSELOR'S OFFICE

DATE Jl. _, J. 1\_ BY 1 ( 11._

Shawnee County

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

785-233-7702 FAX 785-291-4920

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

COUNTY ENGINEER

MEMORANDUM


TO: Board of County Commissioners (BCC)

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

RE: Request to Waive Purchasing Resolution Requirements to Purchase Aggregate Material on Behalf of Monmouth Township

The Shawnee County Department of Public Works (SCDPW) received a request from the Monmouth Township Board to negotiate prices for the purchase of 3,000 tons of CMK and 4,000 tons of road rock on its behalf (See attached e-mail).

As a result, SCDPW requests the county's purchasing resolution requirements be waived in order to purchase the aggregate material in the manner as requested by the township.

It is the recommendation of the SCDPW that this request be approved.

Funding for these purchases will come from Monmouth Township's Road Maintenance Fund.

Your consideration of this request is appreciated.

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

Vlach, Tom

From: Sent: To: Subject:

King, Jerry Tuesday, December 11,201212:41 PM Vlach, Tom FW: rock price negotiation letter

From: [email protected] [mailto:[email protected]] Sent: Monday1 December 101 2012 12:17 PM To: King 1 Jerry Subject: Re: rock price negotiation letter

Jerry W. King Jr. Road Superintendent Shawnee County Public Works

Jerry

As was discussed and approved at the board meeting on 11/27/2012 the Monmouth Township board would like Shawnee County Department of Public Works to negotiate prices on, and to purchase 3,000 ton of CMK and 4,000 ton of road rock prior to the end of the year, 2012.

Thanks, Steve

Steve Ander~on Monmouth Township Trustee

Shawnee County

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

785-233-7702 FAX 785-291-4920

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

COUNTY ENGINEER

MEMORANDUM

Date: December 18, 2012

To: Board of County Commissioners 1

.!2_L

From: Thomas F. Flanagan, P.E. ~/ /«--tA.)~ Deputy Director ofPublic Works

Re: Authorization to Issue "Request for Qualifications" SW Urish Road: SW 1 ih Street to SW 21st Street Shawnee County Project No. S-701005.00

The Public Works Department hereby requests authorization to issue "Request for Qualifications" for professional design services to prepare engineering plans, specifications and estimates necessary for the improvement of SW Urish Road from SW 1 ih Street to SW 21st Street in calendar year 2016.

Project Funding Sources as follows: • Special Highway Funds -Account No. 204 (Preliminary Engineering & Right-of

Way) • Federal Exchange Fund Program and Road & Bridge Federal Projects Account

No. 391 (Construction, Construction Engineering, Utility Adjustments, Contingencies for Construction)

This project has been reviewed and approved for inclusion in the following programs: • Shawnee County Capital Improvement Program for ROADS: 2016, adopted by

Board of County Commissioners on November 16,2012.

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

December 17, 2012

Shawnee County Commission 200 SE ih Street Topeka, Kansas 66603

Shawnee County



785-368-2200

Re: New World Record Management System Upgrade

y Please find attached a contract for your signature between Shawnee County and New World Systems for an upgrade from an IBM AS 400 platform to a Microsoft server platform.

The cost of this contract is $513,150.00 for the software and installation of the software and $60,000.00 for travel and expenses.

New World Systems is the records management system utilized by the Shawnee County Sheriff's Office, Shawnee County Corrections, Shawnee County Emergency Communications Center, Topeka Police Department, and Topeka Fire Department.

This upgrade is needed to stay abreast of advances in new technology. New World has developed and is advancing its software in the Microsoft platform, and the industry as a whole is phasing out the AS400 platform.

The Shawnee County Sheriff's Office will use budget funds, Concealed Carry Funds, Offender Registration Funds and possibly forfeiture funds, as they become available, to pay for this contract. Ongoing maintenance costs will be paid by any agency listed above that utilize the software. In the future this may include several of the county rural fire departments.

We will also need to purchase $160,000.00 in hardware for this project. We will use the same funds listed above to pay for the hardware.

Please place this on your December 20, 2012 agenda.

~ Sheriff Herma . Jones Shawnee C nty Sheriff

Document #: 10 18-12A21

December 13, 2012

ADDITIONAL SOFTWARE LICENSE AND SUBSCRIPTION AGREEMENT For an Aegis 400 to Aegis MSP Upgrade and Additional Modules

Captain Lance Royer Shawnee County 320 South Kansas, Suite 200 Topeka, KS 66603-3641

Dear Captain Royer:

New World Systems is pleased to license you additional software and provide implementation services for the upgrade of your AS/400 Licensed Standard Software to the New World Aegis MSP Licensed Standard Software.

The following Exhibits are to be reviewed and approved by you and/or your authorized representative. They describe the additional software and services you have requested along with the related fees.

Exhibit AA ..................... TOTAL COST SUMMARY AND PAYMENT SCHEDULE Exhibit A ....................... LICENSED STANDARD SOFTWARE AND FEES Exhibit B ........................ IMPLEMENTATION AND TRAINING SUPPORT SERVICES Exhibit C ....................... STANDARD SOFTWARE MAINTENANCE AGREEMENT Exhibit F ........................ DATA FILE CONVERSION ASSISTANCE Exhibit G ....................... STATEMENT OF WORK Appendix! .................... AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF THIRD

PARTY PRODUCTS AND SERVICES Appendix 2 .................... STATEMENT OF WORK

Other than for the purposes of internal review, we ask that you treat our fees as confidential information. This is due to the competitive nature of our business.

The General Terms and Conditions from our original License Agreement dated October 31, 2001 with Shawnee County, KS are incorporated and continue to apply. Upon completion of the upgrade to Aegis MSP standard software, the definition of COMPUTER from the October 31, 2001 Agreement will be the MSP server(s) in use, and not the IBM AS/400. Any taxes or fees imposed from the course of this Agreement are the responsibility of the Customer.

Corporate: 888 West Big Beaver Road o Suite 600 o Troy o Michigan 48084-4749 o 248-269-1000 o www.newworldsystems.com 1018-12A2I 1213 U2W L4L &Add'/ Mods (Sub).docx (12AGE 1213)

Please acknowledge the change and your understanding on the services by the appropriate signature below.

ACKNOWLEDGED AND AGREED TO BY:

Date: ____ /....;::2_-_/ '{..L.~--=--=2=----

SHAWNEE COUNTY, KS (Customer)

By: ____________________________ __ Authorized Signature Title

By: ____________________________ ___

Authorized Signature Title

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

Each individual signing above represents that (s)he has the requisite authority to execute this Agreement on behalf ofthe organization for which (s)he represents and that all the necessary formalities have been met.

The "Effective Date" of this Agreement is the latter of the two dates in the above signature block.

PRICING ASSUMES CONTRACT EXECUTION BY DECEMBER 28. 2012.

Shawnee County, KS CONFIDENTIAL 1018-12A21 1213 U2W L4L & Add'l Mods (Sub).docx

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Page 2 of38

EXHIBIT AA TOTAL COST SUMMARY AND PAYMENT SCHEDULE

I. Total Cost Summary: Licensed Standard Software, Implementation Services, And Third Party Products

DESCRIPTION OF COST

A. LICENSED STANDARD SOFTWARE as further detailed in Exhibit A

1. Licensed Standard Software

B. IMPLEMENTATION SERVICES

1. PROJECT MANAGEMENT as further described in Exhibit B

2. INTERFACE INSTALLATION SERVICES as further described in Exhibit B

3. IMPLEMENTATION AND TRAINING SERVICES as further described in Exhibit B

4. OTHER IMPLEMENTATION SERVICES as further described in Exhibit B

5. DATA FILE CONVERSION ASSISTANCE SERVICES as further described in Exhibit F

6. CUSTOM SOFTWARE/MODIFICATION SERVICES as further described in Exhibit G

C. 1HIRD PARTY PRODUCTS AND SERVICES

1. 1HIRD PARTY PRODUCTS AND SERVICES as further described in Appendix 1

ONE TIME PROJECT COST: $513.150

D. TRAVEL EXPENSES (Fixed) -billed as incurred $60,000

E. STANDARD SOFTWARE SUBSCRIPTION SERVICES

Annual Subscription Cost (7-Year Plan, Billed annually and due on December 151 of each year) Year 1 for period 12/01112 -11130/13 $93,350* Year2 forperiod 12/01113-11130/14 $346,171 Year3 forperiod 12/01114-11130/15 $310,171 Year4 forperiod 12/01115-11/30/16 $310,171 Year 5 for period 12/01116- 11130/17 $310,171 Year 6 for period 12/01117 -11130/18 $346,171 Year7 forperiod 12/01118-11130/19 $346,171

* See details in Exhibit C

PRICING ASSUMES CONTRACT EXECUTION BY DECEMBER 28. 2012.

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Exhibit AA I COST SUMMARY AND PAYMENT SCHEDULE

II. Payments for Licensed Standard Software, Implementation Services, and Third Party Products

DESCRIPTION OF PAYMENT PAYMENT

A. Amount invoiced upon Effective Date $171,050

B. Amount invoiced on September 1, 2013 171,050

C. Amount invoiced on September 1, 2014 171,050

Note: Customer may request any payment above to be invoiced prior to the dates indicated.

ONE TIME PAYMENTS: $513.150

E. TRAVEL EXPENSES (Fixed) $60,000 (These expenses are billed as incurred)

1. 40 trips are anticipated. 2. Travel Time for the estimated 40 trips is included. 3. Travel Expenses shall not exceed $60,000 without prior written authorization from Customer.

F. STANDARD SOFTWARE SUBSCRIPTION SERVICES -as further detailed in Exhibit C

ALL PAYMENTS ARE DUE WITHIN THIRTY (30) DAYS FROM RECEIPT OF INVOICE.

Billings are applied ratably to each deliverable included under the total one-time cost If any deliverable is subject to sales tax, the tax will be calculated and added as applicable to each billing.

Shawnee County, KS CONFIDENTIAL 1018-12A21 1213 U2W L4L & Add'I Mods (Sub).docx

Page 4 of38

EXHmiTA LICENSED STANDARD SOFTWARE AND FEES

License Fee for Licensed Standard Software And Documentation Selected By Customer:

Application Package 1'2

'3

'4

EXISTING SOFTWARE TO BE REPLACED

CAD 1. Aegis/MSP Combined LE/Fire/EMS CAD

-Call Entry - Call Control Panel - Unit Recommendations - Unit Status and Control Panel - Call Stacking - CAD Messaging - Call Scheduling - Dispatch Questionnaire - GIS/Geo-File Verification - Hazard and Location Alerts -Hydrant Inventory - Access to Aegis/MSP LE Records - Access to Aegis/MSP Fire Records -Note Pads - Rip-N-Run Remote Printing -Run Cards - Tone Alerts

2. Additional Aegis/MSP Software for Computer Aided Dispatch 5

- CAD Mapping

-CADAVL

-Data Analysis/Crime Mapping/Management Reporting 6

3. Aegis/MSP Third Party CAD Interface Software 5

- On-Line CAD Interface to State/NCIC7

- E-911 Interface7


Page 5 of38

Exhibit A I LICENSED STANDARD SOFTWARE AND FEES

LAW ENFORCEMENT RECORDS 4. Aegis/MSP Multi-Jurisdictional Base Law Enforcement Records

-Accidents -Arrest - Business Registry - Case Processing - Computer Aided Investigations - Federal Reports (UCR/IBR) - GIS/Geo-File Verification - Impounded Vehicles - Incident Tracking - Jacket Processing - Personnel/Education -Property - Traffic Tickets and Citations -Wants and Warrants

5. Aegis/MSP Federal and State Compliance Reporting for LE Records

-Federal UCR!IBR8

6. Additional Aegis/MSP Software for Law Enforcement Records

- Activity Reporting and Scheduling

- Alarm Tracking and Billing

- Case Management

- Data Analysis/Crime Mapping/Management Reporting6

- Field Investigations

- Index Cards

- Narcotics Management

-Pawn Shops

- Property Room Bar Coding5

7. Aegis/MSP Third Party LE Records Interface Software 5

- Aegis/MSP State/NCIC lnterface7

Includes 12 - 15 screens

On-Line Modules - Includes 4 state inquiry screens7

- On-Line Global Subjects Interface to State/NCIC

- On-Line Property Checks Interface to State/NCIC

8. Aegis/MSP Imaging Software

- Public Safety Lineups/Mug Shots 9


Page6 of38


FIRE RECORDS 9. Aegis/MSP Fire Records Software Base Package

- Activity Reporting and Scheduling - Investigations - Business Registry - Hazardous Materials - GIS/Geo-File Verification -Hydrant Inventory and Inspections - Incident Tracking - Inspection Tracking - Personnel/Education -Pre-plans - Station Activity Log -BLS/ALS

10. Additional Aegis/MSP Software for Fire Records - Equipment Tracking and Maintenance

11. Federal Compliance Reporting for Fire Records

- NFIRS 5.0 Electronic Reporting

CORRECTIONS 12. Aegis/MSP Corrections Management Software Base Package

- Aegis/MSP LE Records Interface -Bookings - Incident Tracking - Inmate Property Tracking - Inmate Classification - Inmate Housing -Mass Move - Inmate Scheduling and Tracking -Inmate Contacts (visitor, mail, phone, emergency) -Inmate Programs (courses) - Inmate Activity Log -Trustee - Case Management - Corrections Officer Log - Finance Management (inmate, facility) - Jacket Processing - Business Registry - Personnel/Education - GIS/Geo-File Verification

13. Aegis/MSP State Compliance Reporting for Corrections - State Corrections Reporting

Includes up to 4 reports

14. Additional Aegis/MSP Software for Corrections Management

- Data Analysis/Crime Mapping/Management Reporting6

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Page 7 of38


15. Aegis/MSP Third Party Corrections Interface Software 5

-Inmate Telephone System Interface Supports Securus

EXISTING MOBILE PREVIOUSLY INSTALLED AT SHAWNEE COUNTY, KS

MOBILE SOFTWARE

MOBILE SOFTWARE ON THE RS/6000 15. Base Message Switch to State/NCIC (1-250 units)

-Base Message Switch for MDT/MCT - State/NCIC Interface

16. Additional Aegis® Software for RS/6000 Message Switch

-New World CAD Interface for Aegis MSP (1-250 units)

-Mobile Upload Software (1-250 units)

- A VL Interface ( 1-1 00 units)

MOBILE SOFTWARE ON THE MSP Server

17. Aegis® Mobile Integration Software

- MDT/MCT Base CAD/RMS Interface (1-250 units)

- AVL CAD Interface (1-100 units)

MOBILE MANAGEMENT SERVER

18. Aegis/MSP Mobile Management Server Software (1-250 units)

- Base CAD/NCIC/Messaging

- Field Reporting

- Field Reporting Data Merge

- A VL Mapping Server

- A VL Playback Feature

CLIENT SOFTWARE

19. Aegis® Law Enforcement Mobile Unit Software

Mobile Messaging

LE State/NCIC via Switch (170 units)

LE CAD via Switch(170 units)

Mugshot Image Download (74 units)


PageS of38


Field-Based Reporting

LE Field Reporting (Federal Standards) (69 units) The following 4 New World Reports are included: -Incident (1 form) - Case (1 form) -Arrest (1 form) - Supplement (1 form)

LE Field Reporting Compliance (1 0 units)

LE Accident Field Reporting (70 units) The following New World Report is included: - Accident (1 form)

LE Accident Field Reporting Compliance (10 units)

Mobile Upload of Field Reports (64 units)


Page 9 of38


EXISTING MOBILE PREVIOUSLY INSTALLED AT TOPEKA POLICE DEPARTMENT. KS

MOBILE SOFTWARE

MOBILE SOFTWARE ON THE RS/6000 20. Additional Aegis® Software for RS/6000 Message Switch

-Mobile Upload Software (1-100 units)

MOBILE SOFTWARE ON THE MSP Server

21. Aegis® Mobile Integration Software

- MDT/MCT Base CAD/RMS Interface (1-100 units)

CLIENT SOFTWARE

22. Aegis® Law Enforcement Mobile Unit Software

Mobile Messaging

Mugshot Image Download (96 units)

Field-Based Reporting

LE Field Reporting (Federal Standards) (96 units) The following 4 New World Reports are included:

- Incident (1 form) - Case (1 form) -Arrest (1 form) - Supplement (1 form)

LE Field Reporting Compliance (90 units)

LE Accident Field Reporting (96 units) The following New World Report is included: -Accident (1 form)

LE Accident Field Reporting Compliance (90 units)

Mobile Upload of Field Reports


Page 10 of38


EXISTING MOBILE PREVIOUSLY INSTALLED AT TOPEKA FIRE DEPARTMENT. KS

CLIENT MOBILE SOFTWARE 23. Aegis® Law Enforcement Mobile Unit Software

Mobile Messaging

LE State/NCIC via Switch (1 unit)

LE CAD via Switch (1 unit)

24. Aegis® Fire Mobile Unit Software

Fire CAD via Switch (10 units)


Page 11 of38


ADDITIONAL SOFTWARE TO BE ADDED

LAW ENFORCEMENT RECORDS 25. Aegis/MSP Third Party LE Records Interface Software 5

- Livescan Interface Supports Identix, CrossMatch, Printrak, Sagem Morpho, Cogent

On-Line Modules- Includes 4 state inquiry screens7

-On-Line Wants and Warrants Interface to State/NCIC

-On-Line Orders of Protection Interface to State/NCIC

CORRECTIONS 26. Aegis/MSP Third Party Corrections Interface Software 5

- Commissary Interface Supports Swanson, Keefe, Aramark

DECISION SUPPORT SOFTWARE 10•11

27. Law Enforcement Management Data Mart - Includes 3-4 users

Dashboards for Law Enforcement

28. Fire Management Data Mart -Includes 3-4 users

Dashboards for Fire Management

29. Corrections Management Data Mart -Includes 3-4 users

Dashboards for Corrections Management

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30. Site License for up to 700 Workstations (CAD, LERMS and Corrections)

31. Site License for up to 80 Workstations (Fire Records)

TOTAL SOFTWARE LICENSE FEE IW ______ r_t)

Note: Other than for Mobile Software, a Workstation License for up to 700 users is included for the Exhibit A Licensed Standard Software in CAD, LERMS and Corrections; a Workstation License for up to 80 users included for the Exhibit A Licensed Standard Software in Fire Records. The Workstation License includes the following agencies as authorized users:

Shawnee County, KS Topeka Police Dept., KS Rossville Police Dept., KS Silver Lake Police Dept., KS Auburn Police Dept., KS Washburn University Police Dept., KS Mission Fire Dept., KS Shawnee County Park Police Dept., KS

Shawnee Heights Fire Dept., KS Topeka Fire Dept., KS Rossville Fire Dept., KS Silver Lake Fire Dept., KS Auburn Fire Dept., KS Soldier Fire Dept., KS Dover Fire Dept., KS

Note: The Aegis MSP Standard Software will provide comparable, but not identical, capabilities to the Aegis AS/400 software currently in use. The cost of any custom AS/400 software in use is not included.

Shawnee County, KS CONFIDENTIAL Page 13 of38 1018-12A21 1213 U2W L4L & Add'l Mods (Sub).docx


2

3

4

5

6

7

8

9

/0

II

/2

/3

ENDNOTES

Personal Computers must meet the minimum hardware requirements for New World Systems 1 MSP product. Microsoft Windows XP or later is required for all client machines. Windows 200312008Server and SQL Server 2005/2008 are required for the Application and Database Server(s).

New World Systems 1 MSP product requires Microsoft Windows 2003/2008 Server and SQL Server 2005/2008 including required Client Access Licenses (CALs) for applicable Microsoft products. Servers must meet minimum hardware requirements provided by New World Systems.

New World Systems 1 MSP product requires Microsoft Excel or Windows Search 4. 0 for document searching functionality; Microsoft Word is required on the application server for report formatting.

New World recommends a 100/1000MB (GB) Ethernet network for the local area network. Wide area network requirements vary based on system configuration, New World will provide further consultation for this environment.

Does not include any required 3rd party hardware or software unless specified in Appendix 1 of this Agreement. Customer is responsible for any 3rd party support.

Application may require a separate Server.

Customer is responsible for obtaining the necessary State approval and any non-New World hardware and software.

Federal UCR/IBR includes edits, reports and electronic submission.

Camera must meet product specifications and be procured through New World.

Application may require a separate Server.

Corifiguration and end user training to occur after Customer has been live for 3 months or longer on an application.

Prices assume that all software is licensed.

Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed.


EXHffiiTB PROJECT MANAGEMENT, IMPLEMENTATION AND

TRAINING SUPPORT SERVICES

1. Project Management Services

New World shall act as Project Manager to assist Customer's management in implementing the Exhibit A software. This responsibility will include documenting, coordinating and managing the overall Implementation Plan with Customer's management and the Customer Liaison. Project Management Services include:

a) a summary level Implementation Plan; b) a detail level Implementation Plan; c) revised Implementation Plans (if required); d) monthly project status reports; and e) project status meetings

• a project review (kickoff) meeting at Customer's location • progress status meeting(s) will occur during implementation via telephone conference or at

Customer's location; and • a project close-out meeting at Customer's location to conclude the project.

f) New World consultation with other vendors or third parties.

The implementation services fees described in Exhibit AA include Project Management fees through project completion.

2. Implementation and Training Support Hours Recommended

It is recommended that appropriate support hours are allocated for all Licensed Standard Software listed in Exhibit A to insure successful implementation of and training on each application package. Based on the Licensed Standard Software listed on Exhibit A, up to~ hours of New World implementation and training support services have been allocated for this project. Excess hours requested shall be billed at the Hourly Rate and will require prior written authorization from Customer. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. Customer agrees to reimburse New World for support trips canceled by Customer less than ten (10) days before the scheduled start date to cover New World's out-of-pocket costs and lost revenues. The recommended implementation and training support services include:

a) implementation of each package ofLicensed Standard Software; b) Customer training and/or assistance in testing for each package of Licensed Standard Software;

and

The project management, implementation and training support services provided by New World may be performed at Customer's premises and/or at New World national headquarters in Troy, Michigan (e.g., portions of project management are performed in Troy).

3. Interface Installation Service

New World shall provide interface installation services as described in this paragraph below. These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be done remotely, resulting in savings in Travel Expenses and Tinie. If on-site installation and training is required, Customer will be responsible for the actual Travel Expenses and Time. (Not to exceed $60,000 without prior written authorization from Customer.) The services include the following interfaces.


Exhibit B I PROJECT MANAGEMENT, IMPLEMENTATION AND TRAINING SUPPORT SERVICES

a) On-Line CAD Interface to State/NCIC b) State/NCIC c) On-Line Global Subjects Interface d) On-Line Property Checks Interface e) On-Line Wants & Warrants Interface to State/NCIC f) On-Line Orders of Protection Interface to State/NCIC g) New World Mugshots/Imaging h) Commissary Interface i) Geo-File Implementation j) Windows System Assurance k) E-911 Interface 1) Livescan Interface m) Inmate Telephone System Interface

New World's GIS implementation services are to assist the Customer in preparing the New World required GIS data for use with the Licensed Aegis Software .. Depending upon the Licensed Software the Customer at a minimum will be required to provide an accurate street centerline layer and the appropriate polygon layers needed for Unit Recommendations and Run Cards in an industry standard ESRI file format (Personal Geodatabase, File Geodatabase, Shape Files). Customer is responsible for having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. If necessary New World will assist Customer in creating the necessary polygon layers (Police Beats, EMS Districts and Fire Quadrants) for Unit Recommendations and Run Cards. New World is not responsible for the accuracy of or any ongoing maintenance of the GIS data used within the Licensed Aegis Software.

4. Hardware Quality Assurance Service

New World shall provide Hardware Systems Assurance of Customer's Aegis/MSP server(s). These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be provided remotely, resulting in savings in travel expenses and time. If on-site installation is required, Customer will be responsible for the actual travel expenses and time. (Not to exceed $60,000 without prior written authorization from Customer.)

a) Hardware Quality Assurance Services Standard Environment:

Hardware Systems Assurance and Software Installation: Assist with High Level System Design/Layout Validate Hardware Configuration and System Specifications Validate Network Requirements, including Windows Domain Physical Installation of New World Application Servers Install Operating System and Apply Updates Install SQL Server and Apply Updates Install New World Applications Software and Apply Updates Establish Base SQL Database Structure Install Anti-Virus Software and Configure Exclusions Install Automated Backup Software and Configure Backup Routines Configure System for Electronic Customer Support (i.e. NetMeeting) Tune System Performance Including Operating System and SQL Resources Test High Availability/Disaster Recovery Scenarios (if applicable) Provide Basic System Administrator Training and Knowledge Transfer Document Installation Process and System Configuration

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Page 16 of38

Exhibit B I PROJECT MANAGEMENT, IMPLEMENTATION AND TRAINING SUPPORT SERVICES

5. Additional Services Available

Other New World services may be required or requested for the following:

a) additional software training; b) tailoring ofLicensed Standard Software by New World technical staff and/or consultation with

New World technical staff; c) New World consultation with other vendors or third parties; d) modifying the Licensed Standard Software; e) designing and programming Licensed Custom Software; and f) maintaining modified Licensed Standard Software and/or custom software.

Customer may request these additional services in writing using New World's Request For Service (RFS) procedure (or other appropriate procedures mutually agreed upon by Customer and New World and will be provided at the Hourly Rate).


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

EXHffiiTC STANDARD SOFTWARE SUBSCRIPTION AGREEMENT CSSSA)

This Standard Software Subscription Agreement (SSSA) between New World and Customer sets forth the standard software subscription support services provided by New World.

1. Service Period and Early Termination

This SSSA shall remain in effect for a period of seven (7) years (the SSSA term) beginning on 12/01/2012 (the start date) and ending on 11/30/2019. As a part of this Agreement, New World has provided a substantial customer upgrade discount including favorable payment terms on Exhibits A, B, and C. In consideration for these discounts and favorable payment terms, Customer agrees to pay the full amount of annual SSSA payments due New World under Exhibit C. If Customer terminates its License Agreement with New World during the Service Period or fails to pay all the SSSA amounts as specified herein, Customer shall pay a one-time early termination fee of the remaining SSSA amounts. Customer shall also forfeit the license to use the Aegis/MSP licensed product and shall return all copies of the licensed product to New World. No cancellation of Exhibit A software modules and related fees will be allowed during the service period.

2. Services Included

New World shall provide the following services during the SSSA term.

a) upgrades, including new releases, to the Licensed Standard Software (prior releases of Licensed Standard Software application packages are supported no longer than nine (9) months after a new release is announced by New World);

b) temporary fixes to Licensed Standard Software (see paragraph 6 below);

c) revisions to Licensed Documentation;

d) reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00a.m. to 8:00p.m. (Eastern Time Zone); and

e) invitation to and participation in user group meetings.

f) Emergency 24-hour per day telephone support, for Aegis CAD only, seven (7) days per week for Licensed Standard Software. Normal service is available from 8:00 a.m. to 8:00p.m. (Eastern Time Zone). After 8:00p.m., the Aegis CAD phone support will be provided via pager and a New World support representative will respond to CAD service calls within 30 minutes of call initiation.

g) Includes integration of the embedded software that is a component of the Exhibit A Licensed Standard Software.

Items a, b, and c above will be distributed to Customer by electronic means.

Upgrade services such as service packs and new releases on the same Mobile platform starting with Mobile 10 will be assisted by New World services resources either remotely or onsite without additional costs beyond travel expenses to the Customer. Additional support services are available as requested by Customer at the Hourly Rate.


Exhibit C I STANDARD SOFTWARE SUBSCRIPTION AGREEMENT

3. Maintenance for Modified Licensed Standard Software and Custom Software

Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software, these changes or modifications (no matter who makes them) make the modified Licensed Standard Software more difficult to maintain. If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request, or for prior releases of New World's software, then the additional New World maintenance or support services provided shall be billed at the Hourly Rate.

4. Billing

Subscription costs will be billed annually.

5. Additions of Software to Subscription Agreement

Additional Licensed Standard Software licensed from New World will be added to the SSMA ninety (90) days after delivery. Costs for the maintenance for the additional software will be billed to Customer on a pro rata basis for the remainder of the maintenance year and on a full year basis thereafter.

6. Requests for Software Correction on Licensed Standard Software

At any time during the SSSA term, if Customer believes that the Licensed Standard Software does not conform to the warranties provided under this Agreement, Customer must notify New World in writing that there is a claimed defect and specify which feature and/or report it believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World will provide software correction service at no charge. A nonwarranty request is handled as a billable Request For Service (RFS) provided at the Hourly Rate.

The no-charge software correction service does not apply to any of the following:

a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel;

b) situations where Customer's use or operations error causes incorrect information or reports to be generated; and

c) requests that go beyond the scope of the specifications set forth in the current User Manuals.


Exhibit C I STANDARD SOFTWARE SUBSCRIPTION AGREEMENT

7. Subscription Costs for Licensed Standard Software Packages Covered for MSP Servers

New World agrees to provide software maintenance at the costs listed below for the New World Licensed Standard Software packages described in Exhibit A.

Annual Subscription Cost (7-Year Plan, Billed annually and due on December l 5t of each year)

Year 1 for period 12/01112 -11130/13 $93,350* Year2 forperiod 12/01113-11/30/14 $346,171 Year 3 for period 12/01114-11/30/15 $310,171 Year 4 for period 12/01/15 -11/30/16 $310,171 Year5 forperiod 12/01116-11/30/17 $310,171 Year6 forperiod 12/01117-11/30/18 $346,171 Year7 forperiod 12/01/18-11130/19 $346,171

* Year 1 payment has been reduced to reflect the following payments made: Topeka Police Department, KS pro-rated amount of$9,181 for the period of 11112013- 1130/2013. Topeka Fire Department, KS pro-rated amount of $19,260 for the period of 11112013 -9/30/2013. Shawnee County amount of $224,380 for the period of 12/1112 -11/30/13.

Note: These costs shall supersede the SSMA Agreements currently in effect for Shawnee County, KS; Topeka, KS Police Department; and Topeka, KS Fire Department. The SSMA Agreements for Silver Lake, KS Police Department and Rossville, KS Police Department will remain unchanged and these agencies will be responsible for the costs associated with these SSMA Agreements.

8. Payment Default and Termination Proceedings

If the payments in Section 7 of this SSSA are late by more than 60 days from the due date, Customer is in default of this Agreement and New World may declare the termination fee of the remaining SSSA payments as collectible and Customer agrees to pay immediately upon written notice from New World. Customer also agrees that failure to pay shall immediately forfeit its license to use the Licensed Standard Software.

If Customer is in default, Customer agrees that any collection process or termination proceedings shall be governed by the laws of the State of Michigan and conducted in the Courts of Oakland County, Michigan. This provision supersedes the Termination and Dispute Resolution sections from the Terms and Conditions of the original License and Services Agreement between Customer and New World.

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EXHIBITF DATA FILE CONVERSION ASSISTANCE

New World will be responsible for converting the existing data files specified below with the assistance of the Customer. If additional files are identified after contract execution, estimates will be provided to Customer prior to New World beginning work on those newly identified files.

General

1. A data conversion analysis and assessment to verify the scope of effort for the project will be conducted.

2. This conversion effort includes data coming from one unique database or source, not multiple sources.

3. No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort. Any data cleansing, removal of duplicate records, or editing must take place by Customer prior to providing the data to New World.

New World Responsibilities

1. New World will create and provide Customer with a conversion design document for signoff prior to beginning development work on the data conversion. No conversion programming by New World will commence until Customer approves this document.

2. New World will provide the data conversion programs to convert Customers data from a single data source to the New World Licensed Standard Software for the specified files that contain 500 or more records.

3. As provided in the approved project plan for conversions, New World will schedule on-site trips to Customer location in order to conduct the following:

a. Conversion Analysis b. Assistance for Mapping and Testing c. Conversion Go-Live Implementation and Support

Customer will be responsible for actual Travel Expenses for these trips. Travel Expenses not to exceed $60,000 without prior written approval from the Customer.

4. New World will provide Customer up to four (4) test iterations of converted data. One test iteration consists of:

a. Running a conversion test in the Customer's test environment b. Customer reviewing a conversion test and responding in writing to New World (see

Customer responsibilities paragraph 3 below) c. New World correcting or otherwise responding to issues to issues discovered and reported by

Customer. d. New World conducting internal testing to verify corrections e. New World and Customer planning for the next test iteration and/or the live

implementation.

5. New World will provide warranty coverage for any conversion-related issue reported by Customer to New World within 90 days after the conversion is run in the live database.

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Exhibit F I DATA FILE CONVERSION ASSISTANCE

Customer Responsibilities

1. Data files from Customer's current AS400 database are included in this conversion.

2. Customer will respond to each test iteration in writing, on a form provided by New World, either:

a. Indicating acceptance that the Data Conversion Process is ready for the final conversion, or b. Indicating a list of changes that need to be applied to the Data Conversion Process for the next

test iteration.

Up to four ( 4) test iterations are provided as part of the Data Conversion Process. After the fourth (4th) test iteration, Customer shall pay $2,500 (with prior written approval) for each additional test iteration. Customer will promptly review each test iteration when delivered by New World. Prompt Customer review will reduce the likelihood that a need for additional test iteration(s) may arise due to an extended delay between delivery of a test iteration and its review.

3. As provided in the project plan for conversions, Customer will provide a dedicated resource in each application area to focus on conversion mapping and testing. This includes dedicating a support person(s) whenever New World staff is on site regarding conversions. Roughly a one to one ratio exists for Customer commitment and the New World commitment. Customer understands that thorough and timely testing of the converted data by Customer personnel is a key part of a successful data conversion.

4. Customer agrees to promptly review and signoff on both the conversion design document, and on the final conversions after appropriate review.



The following files will be converted from the Aegis 400 System:

Master Names

PSAADR Addresses PSINBR Jacket ID Numbers

PSGADR Global Addresses PSJBUS Jacket School I Business Information

PSAJCK Jacket Master PSPADR Jacket Previous Address

PSALIS Alias Master PSPHON Jacket Additional Contacts

PSASSC Known Associates PSSMTH Jacket Scars I Marks I Tattoos I Handicaps

PSBUSN Business Additional Characteristics PLFSBJ Field Investigation Subjects (if applicable)

PSCHAR Jacket Additional Characteristics FRSUBJ Fire Records Investigation Subjects (if applicable)

PSCRIM Jacket Criminal Characteristics OPSUBJ Orders Of Protection Subjects (if applicable)

PSFPRT Person Fingerprints

Master Property

PLPROP Property PLOWNR Owner Information

PSPITM Property Item PSJITM Jacket Associated Items

Master Gun

PSGUNS Global Guns PSJGUN Jacket Associated Guns

Master Vehicles

PSVHCL Vehicles PSJVHL Jacket Associated Vehicles

Statutes

PLCRIM Crime Codes PSSTAT Statutes

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COMPUTER AIDED DISPATCH

Calls For Service

CD PLAT CAD - Plate Information PLQDSP Cleared Dispositions

CDPLOG CAD -Personnel History Log PLQUIK Incidents

CDULOG CAD -Unit History Log PLSPVM Suspect Vehicle

PLIDSP Cleared Dispositions PSDOCI Document Processing Document Index

PLINCD Incidents PSFDOC Document Processing Free Form Documents

PLNADR Incident Additional Name/Address CEHIST E911 History

CDHOUS CAD- House Watch

Run Cards

GORCRD GEO -Run Card Master GOQUAD GEO - Quad. Exceptions

GORCAM GEO - Run Card Assignments

Alarms

CAAACT Alarm Account History CAINVH Alarm Invoice History

CAAMST Alarms Master CASUBJ Alarms Subject

CAEDIT Alarm Transaction Edits CATRAN Alarm Transaction History

Incidents

CDPLAT Plate Information PLSPVM Suspect Vehicle

PLIDSP Cleared Dispositions PSREVU Generic Review Date Master

PLINCD Incidents PLINDX Index Cards

PLNADR Incident Additional Name/Address


,---------------------------------------------------


LAW ENFORCEMENT RECORDS

Cases

PLOWNR Owner Information PLEOKA Officer Killed/ Assaulted file

PLPDSP Property Disposition PLMISS Missing Persons

PLPHST Police Case Property History PLOFNS Case Offense

PLPLAB Property Lab/Evidence PLOSMO Offender/Suspect MO

PLPLOC Property Location PLSHST Case Status History

PLPROP Property PLSPVM Suspect Vehicle

PLPTRN Property Custody Transaction PLSREL Case Subject Related Offenses

PLASOC Associated Cases PLSVOR Victim Offender Relationship

PLCASE Police Cases PLSVWM Case Subjects

PLCSAS Officer Case Assignments PSREVU Generic Review Date Master

PLSOLV Case Solvability Factors

Arrests

BKSCHG Bookings I Courts Supplemental Charges PLACIN Arrest Court records

PLAARM Adult Arrests PLJARM Juvenile Arrests

PLABCF Global Charges PLSCHG Case/ Arrest Supplemental Charges

Tickets

PLABCF Global Charges TKSCHG Ticket Supplemental Charges

TKCORT Ticket Charges TKTCKT Ticket

TKISSU Issued Tickets TKVOID Tickets Voided

TKNYST New York State Ticket Supplement

Accidents

PLACCC State Accidents SCTABE Table Entries Master (Used for reference only)

PLACCM State Accident Unit PSVHCL Vehicles

PLACCN State Accident Unit Names PSGADR Addresses

PLACCT State Accident Tickets PLACCMNY State Accident Unit- New York (if applicable)

PLACCV State Accident Vehicles PLACCVNY State Accident Vehicles- New York (if applicable)

Shawnee County, KS CONFIDENTIAL Page25 of38 1018-12A21 1213 U2WL4L & Add'l Mods (Sub).docx


Field Investigations

PLFINV Field Investigations PLFIAC Field Investigations Associated Cases

PLFSBJ Field Investigations Subjects

Gun Permits

PLGUNP Gun Permits

Gun Registrations

PLGUNR Gun Registrations

Bicycle Registrations

BYMAST Bicycle Registration

Contact Cards

PSROLO Card File Master PSROLC Card File Contacts

Wants and Warrants

PSWANT Wants and Warrants Issued PSWCHG Wants and Warrants Charges

Personnel Training

PLOEDC Officer Education

Officer Equipment

PLOINV Officer Equipment Issued

PawnShops

PLOWNR Owner Information PLPLOC Property Location

PLPAWN Pawn Transactions PLPPRP Pawn Shop Transaction

PLPDSP Property Disposition PLPROP Property

PLPHST Police Case Property History PLPTRN Property Custody Transaction

PLPLAB Property Lab/Evidence


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


Civil Papers

CVNOTE Civil Papers CVSUBJ Civil Papers

CVPMST Civil Papers SCTABE Table Entries Master (Used for reference only)

CVSINF Civil Papers

Orders Of Protection

OPMAST Orders Of Protection Master File OPWCT Orders Of Protection Locations

OPSUBJ Orders Of Protection Subjects OPUSRD Orders Of Protection User Defined

Impounded Vehicles

PLTOWD Impounded Vehicle Master

Narratives

PSDOCI Document Processing Document Index SCTABE Table Entries Master (Used for reference only)

PSFDOC Document Processing Free Form SCTABM Table Master (Used for reference only) Documents

NCINTD Narcotics Intelligence PSDMST Document Processing Master

PLCUSR Case User Defined OPUSRD Orders Of Protection User Defined

PLFINV Field Investigations PLFSBJ Field Investigation Subjects



CORRECTIONS

Bookings/Corrections

BKBOOK Booking Master BKSUIC Bookings Suicide Watch

BKCLAS Booking Classifications PLABCF Global Charges

BKHLOG Booking Release History PSALOG Jailer Activity Log

BKHOUS Booking Housing Assignment PSIACT Inmate Activity

BKNSBJ Booking Notifications PSJTIM Booking I Courts Jail Time Sentence

BKPOSS Prisoner Possessions PSDSBJ Corrections Incident Subject

BKSCHG Bookings I Courts Supplemental Charges PSIACT Inmate Activity

Jail Management

JMACRG Additional Billing Charges JMLEDG Account Funds Ledger Master

JMHLOG Housing Assignment History Log JMLEDH Account Funds Header

JMHOUS Housing Assignment Log JMVSTR Visitors

JMAPPT Medical/Court/Event Appointment JMAVST Approved Visitors

Narratives

BKCTRN Classification Question Transaction PSDOCI Document Processing Document Index

BKQUES Questionnaires PSFDOC Document Processing Free Form Documents

BKUSRD Booking User Defined PSIACT Inmate Activity

Shawnee County, KS CONFIDENTIAL Page 28 of38 1018-12A2I 1213 U2W L4L & Add'l Mods (Sub).docx

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


FIRE RECORDS

Fire - Master Files

FPBLDG Fire Records Building Master FPBSRC Fire Records Building Suppression Sources

FRSUBJ Fire Records Investigation Subject FPGACT Fire Records PrePlan Activity

FPBEXT Fire Records Building Auto FPHZRD Fire Records PrePlan Hazardous Materials Extinguishment

FPBSPK Fire Records Building Sprinkler FRTABE Table Entries Master (Used for reference only)

Fire - Inspections

FNMAST Fire Records Inspection Master FRFDOC Document Processing Free Form Documents

FNVIOL Fire Records Inspection Violation FRVIOL Fire Violation Code Master

FRDOCI Document Processing Document Index

Fire - Incidents

FRINCD Fire Records Incident FRINCP Fire Records Incident - Personnel

FRINCA Fire Records Incident Arson FRINCR Fire Records Incident - Hazmat Release

FRADTL Fire Records - Arson Subject Detail Info FRINCS Fire Records Incident -EMS Info

FRCASF Fire Records Incident - Fire Service FRINCU Fire Records Incident - Units

FRCASN Fire Records Incident- Civilian Casualty FRSUBJ Fire Records Investigation Subject

FREMSP Fire Records Incident - EMS Patient Info FRDOCI Document Processing Document Index

FRINCH Fire Records Incident - Haz Mat Response FRFDOC Document Processing Free Form Documents

FRINCM Fire Records Incident- Mobile I Equip FRTABE Table Entries Master (Used for reference Involved only)

Fire - Investigations

FIEVID Fire Records Investigation Evidence FRSUBJ Fire Records Investigation Subject

FINVST Fire Records Investigation Master FRTABE Table Entries Master (Used for reference only)

Shawnee County, KS CONFIDENTIAL Page 29 of38 1018-12A21 1213 U2WL4L & Add'I Mods (Sub).docx


Fire - Narratives

FRDOCI Document Processing Document Index FRFDOC Document Processing Free Form Documents

Hazardous Materials

HMCAS# Hazardous Materials CAS Number HMMAST Hazardous Materials Master File

HMDOCI Document Processing Document Index HMNAME Hazardous Materials Chemical Names

HMFDOC Document Processing Free Form HMPROT Hazardous Materials Protection Rates Documents


EXHffiiTG CUSTOMER REQUESTED STANDARD SOFTWARE ENHANCEMENTS I MODIFICATIONS AND I OR

CUSTOM SOFTWARE

1. Definition of Project

New World will provide the Customer requested Standard Software Enhancements and/or Custom Software as discussed below to address the Customer's requirements. Customer agrees to cooperate in not making modifications and enhancements too extensive as defined in the 2(b)(I) procedure below.

An analysis and assessment to verify the scope of effort for the project will be conducted. Capabilities included in the initial scope:

a) Custom Software/Interfaces

With New World providing consultation, Customer is responsible for obtaining technical contacts and/or technical specifications from the third parties involved.

(I) Coplink Interface: (See attached details)

(2) JustWare Court Interface: (See attached details)

(3) Full Court Interface: (See attached details)

(4) Custom Fund Ledger Interface (See attached details)

2. Methodology to Provide Enhancements and/or Custom Software

a) Definition of New World's Responsibility

This project includes the following activities to be performed by New World.

(I) Review of required features with Customer. Only items identified in Paragraph 1 above will be provided in this implementation plan.

(2) Preparation of Requirements Document (RD) to include: • Detailed description of the required feature • menu samples • screen samples • report samples

(3) Programming and programming test.

(4) On-site training, testing and/or other support services at the Hourly Rate.

For modification requiring over fifty (50) hours of work, New World utilizes a design document procedure [see 2(b)(I) below]. For smaller modifications, New World uses a Request For Service (RFS) procedure. Both procedures are reviewed with Customer at a pre-installation planning meeting. The RFS procedure utilizes a form with a narrative description and supporting documentation if applicable to define the work to be done.


Exhibit G I CUSTOMER REQUESTED STANDARD SOFTWARE ENHANCEMENTS I MODIFICATIONS AND I OR CUSTOM SOFTWARE

b) Implementation Schedule

Activity

(1) Complete Design Review with Customer Staff. Customer agrees to be reasonable and flexible in not attempting to design the modifications to be more extensive than called for in the scope (cost and schedule) of this project.

(2) New World submits completed RD to Customer.

(3) RD is accepted and signed off by Customer (no programming will be done by New World until the formal sign-off and Customer's authorization to proceed in writing).

(4) New World completes programming from RD and provides modified software to Customer.

(5) Software Modification Acceptance Test based on RD.

c) Customer's Responsibility

Targeted Time Period

To be determined

To be determined

To be determined

To be determined

To be determined

All Customer requested changes after RD sign-off must be documented by Customer and authorized in writing including potential costs, if any. Additional changes will most likely delay the schedule and may increase the cost.


Page32 of38


Short Description of Interface or Custom Modification

Data Source

Target

Interface Direction

Detailed Description

Protocolffransport

Data Formats

Party Requirements

NWSTasks

Customer Tasks

New World Systems will provide an export to Coplink to provide data for

Incident, Cases, Bookings, Ticket/Citation, Accidents, Warrants, Calls for Service,

Field Investigations, Pawns, and Jail Visitations.

New World Systems LERMS

Co plink

One Way Export

The mterface provide a load of data (post conversion) and ongoing

export to Cop link. Exported data includes add, updates, and expunged records for

the data sets supported.

1. We will not support the ability to produce documents modified in a given

time period. 2. We do not support any document access control features found in the

Coplink system.

3. Synchronization can be accomplished using the IOE setting for the interface. New World recommends this time interval be greater than 5 minutes.

4. Data sets included: Incident, Cases, Bookings, Ticket/Citation, Accidents, Warrants, Calls for Service, Field Investigations, Pawns, and

Jail Visitations. Arrests that are part of a case are included in the export.

Individual agencies can configure their Cop link export settings as desired and all

agencies exports will be executed when the interface process runs.

N/A

SQL Server

Coplink must provide the appropriate components on their side of this interface.

Any new data mappings required to support New World's MSP solution are the

responsibility of Coplink.

• Work with agency to define scope and implementation of interface

• Review functional specification for approval

• Install, and test interface

• Work with NWS to review functionality provided by this interface

• Customer responsible for any necessary 3rd party technical points of

contact

• Have resource available to review and approve interface review

• Have resources available to assist in installation, configuration, and

testing of interface. Personnel assigned should be familiar with the external



;Name·· ... . ; ':'' JNe~worid!L~IWsro&s~"1E'"'ort;;''a~Newti~'*Z.c<u~i?NP,tlr'"··~~1~·::(.·tr::~,v~tt:;;"t''~~~ ·· · ·· ··· ·· · · · . · .. . .. ·" ........ ;xJ». . . ~ ..... ... 1"' JUY~.~" ~. ·- .. , •.. .. s , p .,., . • •.

Short Description of New World will provide a case export that will creates a District Attorney Case in the Interface or Custom New Dawn Court system using the New Dawn API. Case detail, subjects, charges, and Modification narrative will transfer to the New Dawn system. Data Source New World

Target New Dawn Interface Direction One Way Export via API

NWS Interface Custom Interface - not standard External System New Dawn API (web services) Interface Detailed Description New Dawn provides a web service based API for interfacing to external systems. New

World will use this API and the Interoperability Engine (IOE) to transfer LERMS Case details, subjects, offenses, and narrative to the New Dawn System to create aDA's case record. The export will be triggered based on a review level of the case (i.e. sent to prosecution).

Customer will need to use the standard New World application to create an appropriate ad-hoc report or provide inquiry access in the applications to the prosecutor's office so they can review all arrests and be looking for the exported cases in their system.

Protocol/Transport Web Services Data Formats XML

3rdParty New Dawn will need to have a technical contact available for development and testing of Requirements this interface. Customer must have licensed the New Dawn API. NWS Tasks • Work with agency to review scope and functionality of interface

• Develop requirements document (RD) for approval

• Build interface based on RD

• Install, configure, and test interface Customer Tasks • Work with NWS to define scope and functionality of interface (help define the

RD)

• Customer responsible managing 3rd party and coordinating contacts and communication if needed.

• Have resource available to review and approve interface design (sign off on RD)

• Have resources available to assist in installation, configuration, and testing of interface. Personnel assigned should be familiar with the external system

• Any required network or environmental changes required for this interface are the responsibility of the customer. This may include tasks such as firewall changes or user network permission changes.



:~am~ ~· "·· ~.<3.t 'N ·· .,~·"t,la)IJ~'ti.Dt ·•if -lct·;.Rull . ., .... ,rf".it'e\."·';"x'"'''"' r-·'''"'1'''•'ll"~*1\t.'~'~"":"w,·· .•.. -:.~·,·.···· ·• ~·· .lill'VA< . . 0 -'· .. ,: !=.J~ .. '·· .lil .. · !lC~ .... J."r..x "!=OJI .. 'i1,t:t~o~~l<O.;,•;~'Pl~"'''.;£l\,.~(•;•.,;. \·'·''''

Short Description of New World will provide an interface to support ticket and citation processing Interface or Custom between New World LERMS and Fullcourt Court system. This interface will Modification provide an export of ticket information from LERMS and will import ticket

dispositions from the court. Data Source New World

Target Full court Interface Direction One Way Export and import of ticket disposition

NWS Interface Custom Interface - not standard External System NIA Interface Detailed Description New World will provide a ticket and citation export from LERMS in XML

format to a shared network location. Fullcourt will import this information to start processing in their system. When the court system updates the disposition on a ticket they will export that information. New World will import the ticket disposition and update the record in LERMS. Tickets will be exported based on a "to be defmed" trigger or on a schedule.

The ticket number will be the common index between systems. A shared network location or UNC path will be used for data exchange between systems.

Protocol!fransport Web Services Data Formats XML

3rd Party Fullcourt will need to provide a technical resource for the development and Requirements installation/testing of this interface. New World will provide a data schema for

exported tickets and will expect a description of the disposition information. NWSTasks • Work with agency to review scope and functionality of interface

• Develop functional specification for approval

• Build interface

• Install, configure, and test interface Customer Tasks • Work with NWS to review scope and functionality of interface

• Customer responsible for coordinating initial communication between vendors and facilitating communication between vendors as needed.

• Have resource available to review and approve interface design

• Have resources available to assist in installation, configuration, and testing of interface. Personnel assigned should be familiar with the external system

• Any network or technical environment changes needed for this interface are the responsibility of the customer. This can include firewall changes, user permissions, or other network administration tasks required for communication between disparate applications.



1) Short Description API to allow passing of inmate financial information to the inmates fund ledger, to of Software include Booking Number, Transaction Type and Fund Ledger Amount. Enhancement of Modification

2 Interface? If yes, Yes provide the following: a) Data Source for Customer to place file in a specified location to be imported into the system.

Interfaces Customer is supplying an XML file on a shared network. b) Target Source MSP Corrections Bookings module

for Interfaces c) Interface One way import

Direction d) Batch or Batch transfer of information based on the file that the customer places in the

Interactive specified location Interface

e) Preferred File XML File Type

f) Preferred Data Formats

g) 3'u Party Requirements

3) Detailed Customer has three processes that need to update the inmates fund ledger. Description They are looking for an API to transfer the information into the system. They (Include 3RD Party have 1) an external fee billing which sends information to a collections agency, 2) Contact Information processing fees that are more than 30 days old are sent to a collections agency, if Available AND Customer Contact and 3) trustee direct deposits. In all cases the customer will place a file where

Information) needed and this interface will update the fund ledger for the inmate by creating a transaction. In the first two cases it will be a negative transaction and in the he last one it will be a positive transaction. The file format should be the same for all three types, so this is just one interface.


APPENDIX I AGREEMENT AND AUTHORIZATION FOR PROCUREMENT

OF THIRD PARTY PRODUCTS AND SERVICES

The attached configuration (Exhibit 1) describes the Third Party products and services that New World will obtain for Customer. By execution of this Agreement, Customer authorizes New World to order the Exhibit 1 products for delivery to:

Captain Lance Royer Shawnee County 320 South Kansas, Suite 200 Topeka, KS 66603-3641

The payments for Appendix 1 Services are covered under the Cost Summary and Payment Schedule in Exhibit AA.

Customer is responsible for the site preparation and related costs to install the Exhibit 1 Third Party products. Customer is responsible for any returned product charges, including re-stocking and shipping fees, for all Third Party products ordered by New World on the Customer's behalf. Travel Expenses incurred by New World are in addition to the Exhibit 1 cost and will be billed weekly as incurred.

The Exhibit 1 components and cost may only be changed by mutual agreement of the parties. If a change order in the configuration requires additional costs, New World shall notify Customer of the additional costs and with Customer's approval these costs shall be borne by Customer. Without such approval, the change order will not be processed.

Customer shall or may be required to execute selected agreements with vendors and New World shall not confirm the ordering of any Exhibit 1 products without Customer's authorized signature on said Agreements. Customer shall receive the benefit of all warranties, services, etc. provided for in the Agreements.


Exhibit 1

CONFIGURATION

1• THIRD PARTY PRODUCTS AND SERVICES

THIRD PARTY SOFTWARE a. Embedded Third Party Software

(includes all Third Party executable components)

b. GIS Software

CAD

-CAD Workstations using ArcGIS Engine Runtime (25 workstations)

THIRD PARTY HARDWARE

c. Hardware, System Software & Services

Lantronix UDS-1100 (1 unit)

Digital Camera for Mug Shots (1 unit)

ESRINotes 1) Customer will restrict use of the ESRI Software to executable code (used with the Aegis Licensed

Standard Software). 2) Customer will prohibit (a) transfer of the ESRI Software except for temporary transfer in the event of

computer malfunction; (b) assignment, time-sharing, lend or lease, or rental of the ESRI Software or use for commercial network services or interactive cable or remote processing services; and (c) title to the ESRI Software from passing to any other party.

3) Customer will prohibit the reverse engineering, disassembly, or decompilation of the ESRI Software and prohibit duplication of the ESRI Software except for a single archival copy; reasonable Sublicensee backup copies are permitted.

4) Customer will disclaim, to the extent permitted by applicable law, ESRI's liability for any damages, or loss of any kind, whether special, direct, indirect, incidental, or consequential, arising from the use of the ESRI Software.

5) At the termination of their Agreement (Sublicense) with New World, Customer will certify in writing to New World that it has discontinued use and has destroyed or will return to New World all copies of the ESRI Software and documentation.

6) Customer will comply fully with all relevant export laws and regulations of the United States to assure that the ESRI Software, or any direct product thereof, is not exported, directly or indirectly, in violation of United States law.

7) Customer will prohibit the removal or obscuring of any copyright, trademark notice, or restrictive legend. 8) If New World grants a Sublicense to the United States Government, the ESRI Software shall be provided

with "Restricted Rights". 9) All Aegis/MSP Customers are required to use ESRI's ArcGIS suite of products to maintain GIS data. All

maintenance, training and on-going support of this product will be contracted with and conducted by ESRI. Maintenance for ESRI's ArcGIS suite of products that are used for maintaining Customer's GIS data will be contracted by Customer separately with ESRI.

10) The on-going New World SSMA cost is required for any Aegis software changes related to integration with ESRI software.

11) If a new release of ESRI software is incorporated into the Aegis software, an associated upgrade fee may be required for the new ESRI software, depending on the potential cost from ESRI; and/or on the scope of effort required to integrate the new ESRI release with Aegis software.


Rev. 1 0/2003 ATIACHMENT TO


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 .

1. 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, as described in Section 14 of Shawnee county Contract No. 267-2001. 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. If sufficient funds are not appropriated to continue the payment for the products and /or services provded in the Agreement, Customer may terminate this Agreement at the end of its current fiscal year. Customer agrees to give written notice of termination to New World at least 30 days prior to the end of its current fiscal year, and shall give such notice for a period greater than 30 days prior to the end of any subsequent fiscal years as may be provided in this Agreement, except that such notice shall not be required prior to 90 days before the end of the subsequent fiscal year. If this funding provision is exercised, New World shall have the right, at the end of the noticed fiscal year; to take possession of any equipment provided Customer under this Agreement. Customer shall also foreit the license to use any Exhibit A Licensed Software that has not been fully paid for, and the foreit of license shall apply if Customer has not paid New World all payments incurred under this Agreement trhough the end of the noticed fiscal year, plus charges incidental to the return of any equipment to New World. Upon termination of the Agreement by Customer, title to any such equipment shall revert to New World at the end of Customer's then current fiscal year. The termination of the Agreement pursuant to this paragraph shall not cause any penalty to be charged to the agency or New World.

It is specifically agreed by Customer and New World that Customer will not terminate this Agreement to purchase, lease or otherwise obtain any third party software delivering the same function, or capabilities, as the Licensed Software provided under this Agreement.

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

5. ANTI-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-llll 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. In Section 14 of Shawnee County Contract No. 267-2001, the parties agreed upon a three step dispute resolution procedure which shall apply to this Agreement. 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.

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

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

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

r:Pjl~ Title:

Date:



Date:

ATTEST:


DATE:

TO:

FROM:

CC:

RE:

December 13, 2012

Shawnee County Office of County Treasurer

Room 101, Courthouse, Topeka, Kansas 66603 Phone 785-233-8200 Ext. 5161 http://www.co.shawnee.ks.us

LARRY WILSON COUNTY TREASURER

MEMORANDUM

Shawnee County Board of Commissioners

~ I~w ~kfc;~, Shawnee County Treasurer

Stacey Woolington, Financial Administrator Simon Martinez, Deputy Financial Administrator

November 2012 Bank Reconciliation

Please place this request on the Thursday, December 20, 2012 Board of County Commission agenda for final approval of the November 2012 bank reconciliation report. This bank reconciliation report has been reviewed and approved by the Deputy Financial Administrator.

Thank you for your time and consideration.

F;

November 2012 Bank Reconciliation

Ending balance Per IFAS

Reconciling Items

Less:

Credit cards (posted to bank in December)

Deposit in Transit (posted to bank December 3)

NSF checks (posted to IFAS December 3)

KanPay Payment Short (researching with Kansas.gov)

KanPay Return Payment (posted to IFAS December 11)

Add:

Outstanding checks as of 11/30/2012

Credit Card payments (posted to IFAS in December)

ACH-Iockbox payment (posted to IFAS December 3)

Extra deposit (posted to IFAS December 3)

Credit Card payment (pending MV webtag issue will refund to Kansas.gov in December)

Credit Card payment (pending MV webtag issue will refund taxpayer in December)

Kanpay payment long on 10/11 bank statement (researching issue with Kansas.gov)

Payment to Lake Shawnee Golf (posted to bank December 4)

Payment to JEDO (posted to bank December 3)

ACH-Medicare Payment (SCHA) (posted to IF AS December 4 & December 5)

ACH-Trade Pay Payment (SCHA) (posted to IFAS December 3 & December 4)

ACH-Misc. Payment (Dept. of Corrections) (posted to IF AS December 4)

ACH-Misc. Payment (Register of Deeds) (posted to IF AS December 4)

Adjusted ending balance

Vault cash

Ending balance per US Bank

Ending balance per CoreFirst

Difference

Prepared by tjt

12/12/12

$ 14,651,573.66

$ 14,651,573.66

$ 89,288.92

$ 316,315.31

$ 538.77

$ 281.76

$ 1,635.47

s 408,060.23

s 1,609,708.51

$ 2,872.34

$ 943,157.74

s 26,759.02

$ 678.56

$ 102.36

$ 281.76

$ 27,750.00

s 572,469.84

s 1,918.02

$ 1,712.51

$ 9,906.10

s 160.00

s 3,197,476. 76

$ 17,440,990.19

$ 4,000.00

17,431,933.37

5,056.82

17,440,990.19

$