board of county commissioners agenda monday, …jul 29, 2013 · c. planning-barry beagle 1....

BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JULY 29,2013,9:00 A.M.

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

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Acknowledge receipt of Summons in Case No. 13C000821-US Bank NA Trustee vs. Board of County Commissioners of Shawnee County, et al-County Clerk.

2. Acknowledge receipt of correspondence from the County Counselor's Office regarding approval of claims in the amount of$89.00 to replace eye glasses that were lost at the Dept. of Corrections and in the amount of$487.32 for damages to a vehicle-County Counselor.

3. Consider authorization and execution of Contract C364-2013 with Microsoft for a pay-as-you-go arrangement to utilize Windows Azure website services at a cost not to exceed $500 per monthInformation Technology.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. KANSAS EXPOCENTRE -H. R. Cook

1. Consider approval of requests for capital expenditures for the following:

(a) Replacement of a Microtech computer on Chiller #1 at a cost of$6,100.68.

(b) Treatment for termites in the Centre Cafe at Domer Arena at a cost of$1,554.72.

(c) Repair of the spill containment bucket on the unleaded fuel underground storage tank at a cost of$1,537.35.

C. PLANNING- Barry Beagle

1. Presentation of Shawnee County Natural Resource Inventory and Assessment.

D. PARKS AND RECREATION- John Knight

1. Consider authorization and execution of Contract C366-2013 with Topeka West High School c/o Donnie Palmer for services to be provided in preparation for the 7th Annual Big Shunga 8k Run/Walk on August 3, 2013 at Crestview/Big Shunga Park with anticipated revenues after costs of shirts and medals of$1,800, 50% ofwhich will be shared with Topeka West High School.

E. COUNTY COUNSELOR- Rich Eckert

1. Consider approval ofHome Rule Resolution No. 2013-4 rescinding Home Rule Resolution 93-1 requiring private employers performing work on County construction projects to pay federal prevailing wages.

F. HEALTH AGENCY- Alice Weingartner/ Allison Alejos

1. Consider authorization and execution of Contract C365-2013 for participation in the development of an Accountable Care Organization with Community Health Center clinics in Kansas with no financial impact.

G. COMMISSION

1. 2014 Budget

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

Shawnee County

Office of County Clerk CYNTHIA A. BECK

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

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

MEMORANDUM

FROM:

Board of County Commissioners

II -th,c}v 'IJP Cynthia A. ~e~, County Clerk

TO:

RE: Litigation

DATE: July 24, 2013

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

CASE NO: 13C000821 US Bank NA Trustee vs. Board of County Commissioners of Shawnee County et. al.

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

Attachment

1319900485 DISTRICT

personal service by sheriff COURT OF SHAWNEE COUNTY KANSAS

200 East 7th Topeka, Kansas 66603

Division 01 Chapter 60

Case Number 13C 000821

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JUL 2 4 2013

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US BANK NATIONAL ASSOCIATION TRUSTEE AKA CITIGROUP MORTGAGE LOAN TRUST IN~

Plaintiff 1 /V.'~ '/ant c-U.

vs.

BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY Defendant 6

SUMMONS

To the above named Defendant, You are hereby notified that an action has been commenced against you in this court. If you wish to dispute the claim, you are required to file your answer to the Petition with the court and serve a copy upon:

SHAWN SCHARENBORG KOZENY & MCCUBBIN LC 12400 OLIVE BLVD SUITE 555 ST LOUIS, MO 63141 Attorney for Plaintiff 1

Within twenty-one (21) days of service upon you. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Petition. Any related claim which you may have against the plaintiff must be stated as a counter claim in your answer, or you will be barred from making such claim in any other action.

Dated 18 July, 2013

Official Seal of the District Court

Shawnee County, Kansas 29 January MDCCCLXI

1319900485 AML PG 2

Angela M. Callahan Clerk of the District Court

By X2Z2E5XPXU Deputy Clerk

Shawn Scharenborg, KS # 24542 Sara Knittel, KS # 23624 KelliN. Breer, KS # 17851 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:BOWJEN05

ZO 1J JUL I l P I: 2 8

IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS

U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates, Series 2007-2,

Plaintiff,

vs.

Jeremy D. Bowman Serve at: 4409 SE Oakwood St. Topeka, KS 66609-1682

Richelle Bowman Serve at: 4409 SE Oakwood St. Topeka, KS 66609-1682

Central National Bank Serve Officer or Agent at: 800 SE Quincy Topeka, KS 66612

Probuild Company, LLC Serve Registered Agent at: C/0 The Corporation Company, Inc. 112 SW 7th Street, Suite 3C Topeka, KS 66603

11111111111111111111111111111111111111111111111111111111111111111 * K M 8 2 3 9 9 1 0 K M *

2

Case No. f3cf)2/ Div.No. __ _

Heritage Bank Serve Registered Agent at: C/0 Ernie Beaudet 3024 SW Wanamaker Rd. Topeka, KS 66614

The Board of County Commissioners of the County of Shawnee, Kansas Serve Officer or Agent at: Office of the Shawnee County Clerk 200 SW 30th Street Topeka, KS 66603

Unknown Occupant (1) Serve at: 4430 SE Oakview Ct Topeka, KS 66609

Unknown Occupant (2) Serve at: 4432 SE Oakview Ct Topeka, KS 66609

Unknown Spouse of Ron D. Shuman AKA Ron Dean Shuman AKA Ronald Dean Shuman Serve at: 3418 SE Minnesota Ave Topeka, KS 66605-2582

Defendants.

Petition Pursuant to K.S.A. Chapter 60

lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll * K M 8 2 3 9 9 1 0 K M *

3

PETITION FOR FORECLOSURE OF MORTGAGE

COMES NOW, Plaintiff, U.S. Bank National Association, as Trustee for Citigroup

Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates, Series 2007-2, and for its

cause of action against the Defendants states as follows:

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

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

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

3. On or about September 21, 2006, Jeremy D. Bowman [hereinafter "Borrower(s)"] borrowed

money from, executed and delivered to Wells Fargo Bank, NA, a Note, payable in monthly

installments, in the original principal sum of $196,000.00, together with interest as stated. A

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

as Exhibit 1.

4. As a part of the loan transaction and in order to secure payment of the Note, Jeremy D.

Bowman and Richelle Bowman executed and delivered to Wells Fargo Bank, NA, a Mortgage

of the same date upon the following described real estate:

LOT 9, BLOCK B, OAKWOOD HILLS SUBDIVISION, IN THE CITY OF TOPEKA,

SHAWNEE COUNTY, KANSAS.

known and numbered as 4430-32 SE Oakview Ct , Topeka, KS 66609. The Mortgage was duly

recorded on September 22, 2006, in the Office of the Register of Deeds of Shawnee County,

Kansas, in Book 4408 Page 245 . The Mortgage tax was paid. A true and correct copy of the

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

5. U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc.,

Mortgage Pass-Through Certificates, Series 2007-2 is the current legal holder of the debt, and

possesses all rights, including the right of enforcement of the Note and Mortgage.

11111111111111111111111111111111111111111111111111111111111111111

4

*KM8239910KM*

Shawnee County

Office of County Counselor RICHARD V. ECKERT County Counselor

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

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

Fax (785) 291-4902

MEMORANDUM

TO: Board of Shawnee County Commissioners

FROM: Jonathan C. Brzon, Assistant Shawnee County Counselor

DATE: July 23, 2013

RE: Claim paid pursuant to Resolution No. 2012-141

Resolution No. 2012-141 authorizes our office to settle undisputed claims under $1,000.00. The resolution also provides that our office shall provide to the Board a monthly report of all claims approved pursuant to this resolution.

Please be advised that our office has approved the following claims in the month of July, 2013:

• Claim of Mr. DeRoyale Johnson in the amount of $89.00, to replace his glasses which were lost on or about April 19, 2013 at the Shawnee County Department of Corrections. The Shawnee County Department of Corrections investigated the claim and recommended that it be paid. Our office concurred with the recommendation and a check was issued to Mr. Johnson on July 22, 2013. (NOTE: Mr. Johnson's original claim requested $350.00 but upon further investigation, Mr. Johnson's eye doctor indicated it would cost $89.00 to replace Mr. Johnson's glasses. Our office submitted a settlement to Mr. Johnson offering the sum of $89.00 as full settlement of his claim. Mr. Johnson accepted.)

• Claim of Angela Ross. in the amount of $487.32 for damages to her vehicle caused while an inmate worker was mowing and/or weed-eating around the Shawnee County Department of Corrections parking lot. The Shawnee County Department of Corrections investigated the claim and recommended that it be paid. Our office concurred with the recommendation and a check was issued to Ms. Ross on July 22, 2013.

JCB/mlb

c: Mr. Richard V. Eckert, Shawnee County Counselor Mr. Brian W. Cole, Director, Shawnee County Department of Corrections

Memorandum

DATE: July 24, 2013

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Establish Windows Azure Website Services.

Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street Topeka, Kansas 66603-3933

The Information Technology Department is seeking approval to enter into a pay-as-you go arrangement with Microsoft to utilize Windows Azure Website services. These services will be used as a platform for a number of pilot projects in order to assess the viability and cost effectiveness of using a public cloud to support Internet accessible website services that the county may wish to provide to the general public or other select entities. Examples of such services may include certain county website pages, queueing systems, or other applications containing non-business critical information.

Services will be billed on a monthly basis and may be terminated at any time with no early termination fees.

Funding to support this issue, not to exceed $500 per month, is included in the 2013 Information Technology budget.

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

CPO/mro

fax 785-291-4907 phone 785-233-8200 ext. 4030

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<0 2013 Microsoft

Memorandum

To: Shelly Buhler, Chair, Shawnee County Commission Robert E. Archer, Vice Chair, Shawnee County Commission Kevin J. Cook, Shawnee County Commissioner Rich Eckert, Shawnee County Counselor Betty Greiner, Shawnee County Financial Administrator

From: H.R. Cook, General Manager ~0 1

Re:

Roy Mitchell, ~~s ~ Capital ExpenditU: equ:s;o;;uly 2013

Date: July 25, 2013

Please add these requests to the Shawnee County Commission agenda on Monday, July ,/

29,2013.

Capital Expenditure Fund Requests for July

• Replace a Microtech computer on Chiller #1 - This is the second Microtech that we have lost in less than a month. This one gave way just prior to the WWE Smackdown event but fortunately it was before the near 100 degree weather arrived and we were able to prove sufficient air conditioning for the event with our other chiller. We had PCI order the computer and it was installed about a week after it was ordered. While they were working on this they found a condenser fan motor not working on Chiller #2 and topped off that chiller with 134a refrigerant. That work is included in this request. The total request is to authorize payment to PCI the amount of $6,100.68 for their work.

• Treat termites in the Centre Cafe at Domer Arena - We recently discovered some damage to the woodwork on the west wall in the Centre Cafe. A closer look revealed that we have had some termites at work. This request is to pay Orkin the amount of $1,554.72 to treat the affected area. There will be a follow up request once the treatment is successfully complete for some re-modeling to correct the damaged area.

• Repair the Spill Containment Bucket on the Unleaded Fuel Underground Storage Tank- We were recently notified by the Kansas Department of Health and Environment that some settling has occurred in the area around our fuel storage tanks. So much so that

13 I

Administrative Offices: One Expocentre Drive Topeka, Kansas 66612-1442 Phone 785.235.1986 Fax 785.235.2967 www.ksexpo.com

the spill containment device is no longer working properly. This request is to authorize payment to Broyles Petroleum Equipment Co. the amount of $1,537.35 to remove the failed unit and replace it with a new one. KDHE cannot and will not issue us permits to use our UST devices if this repair is not completed in a reasonable amount of time.

The Kansas Expocentre Capital Expenditure fund has a current adjusted balance of $14,128.61. These requests total the amount of$9,192.75. Approval of these requests will leave a balance of no-less-than $4,935.86 in the account. Although there was no meeting scheduled for July, the Kansas Expocentre Advisory Board members were notified of these requests in a report/request sent out by Gracie Moore on Monday, July 22, 2013, with a request to vote by e-mail. Out of the nine board members we received eight responses and each that responded voted yes. Capital Committee members Matt Fletcher and Mary Thomas reviewed and approved these requests prior to the e-mail vote by the board.

1515 NW Saline Street, Suite 221 Topeka, Kansas 66618 (785) 291-5410 Fax 291-4939

Memo To:

From:

Date:

Shawnee County Board of Commissioners

Ba~gle, Planning Director

July-17,R

Shawnee County Planning Department

Re: Presentation of Shawnee County Natural Resource Inventory and Assessment (NRIA)

Over the last two-years a Kansas University research team conducted a natural resource inventory and assessment (NRIA) of Shawnee County on behalf of the Upper Wakarusa Watershed Restoration and Protection Strategy (WRAPS). The purpose of the NRIA is to provide Shawnee County with a GISbased resource to better inform planning and development strategies to protect natural resources. Understanding natural resource constraints and opportunities allows us to make more informed decisions about how and where to accommodate growth and development.

The NRIA was presented to the Planning Commission on July 8, 2013, and was recognized by the Planning Commission as a valuable planning tool. The KU research team and the Upper Wakarusa WRAPS would like to present the findings of the NRIA to the County Commission and demonstrate how the knowledge of our natural resource features can help us make better land use decisions. A portion of the NRIA is enclosed for your review.

En c.

nee County N tural Reso rce n ento nd

ssessmen (NR A)

Prepared by: Heidi E. Mehl, Diana L. Restrepo, and Tom Huntzinger

Sponsored by: Upper Wakarusa WRAPS, Kansas Alliance for Wetlands

and Streams, & The University of Kansas

Shawnee County Natural Resource Inventory and Assessment (NRIA)

The Natural Resource Inventory and Assessment report and digita l inventory capabilities were

completed by the University of Kansas Research Team for the Upper Wakarusa Watershed

Restoration a nd Protection Strategy (WRAPS).

Funding for this research effort was provided by the Ka nsas Depa rtment of Health and Environment

through EPA Section 319 Non-Point Source Pollu tion Control Grant #C9007 405 15 and Kansas Water

Plan Funds.

Kansas Alliance for Wetlands and Streams Harold Klaege, Executive Director

P.O. Box 2112

Salina, KS 67402-2112

Upper Wakarusa Watershed Restoration and Protection Strategy Tom Huntzinger, WRAPS Coordinator

Upper Waka rusa Watershed

3000 Oxford Road

Lawrence, KS 66049

University of Kansas Research Team Haworth Hall

1200 Sunnyside Ave. #5001

Lawrence, KS 66045

Dr. Raymond Pierotti

Associate Professor

Department of Ecology & Evolutionary Biology

The University of Kansas

Heidi Mehl

M.A., University of Kansas

Ph.D. Candidate

Department of Geography

Kansas State University

Diana L. Restrepo

M.A. Graduate Student

Latin America n Studies The University of Kansas

Front Cover Design by Nate Kaylor


Table of Contents

PURPOSE ......................................... .................. .......... ... ..... .... ................................. ........................ ... 6

THE PLAN-MAKING PROCESS ............ ........ .................... ... ......................... ............... ............................. 7

THE FRAMEWORK ... .. ... . ... .. . . ... ... ...... ... . .. . .. ... .. .. .. .. . .. ... . ........... . ..... . .... ... .... . ..... . .... .. . .. .. . .. ... ....... . .. . ... . . .. . . .. .... .. . 7

RECOMMENDED O RDER OF CONSIDERATION FO R CATEGORIES OF LAND U SES IN PLAN MAKING .. .. ..... .. .. .. .. .. .. .. .... ..... 8

THE LONG- RANGE PLAN ....................... .... .... ............. ... .... .... .. ........................................................... 10

DEMONSTRATION AR EA ........... . .... . . . ... . .. .... .... . .. . . ... .. .. .. . .. ......... . ... . ....... . . .. . .. .. . . .... ... . .. .... .. ... .. . .. ......... . .. . ... . ... 10

HOW TO USE THIS MAP ............ .. .. ................................... .............................................. ..................... 14

A SS EMBLED M APS .............. . .............. ... .. .. ... . . ... ... . . ..... ... ........ ...... . ... . .... . .. .. .... . .... . ... . ..... ... ... .. ... . .. .. . . .... ... . .. .. 14

CREATING YOUR OWN M AP ....... . .... ... .. . . .. . . ...... . .. . . . .. .... ... . . ....... .. ..... .. . . . . . ... . .. . . ... .... .. . ........... ...... . . .. .. .. ... . . . . .. .. . 15

RE FEREN CE DOCUMENT/METADATA : . ..... .. . .. .. .......... ... .. . .. ... . ... . . ...... .. . .... . .. . . . .... . .... ... .. ..... . .. ... ..... . . .. .. .. . . .. .. .. .. . 17

A NOTE ON M AINTAINING QUALITY DATA SETS .. .. .... .. .... ...... .... ....... ... .. .... .. . ... .... .... . . ..... ... .. .. ..... . ... .......... .. ... . . . 17

DATA SETS AND METADATA .. .. ......... .. ... ...... ................ ............................................. .. ........................ 18

REFERENCE DATA SETS ... . . ..... .......... . ...... .. .. . . . . . . .. .... .. ... ..... . . . . . ...... . ... . . .. .... . .... . . . .. ........ .. ........ .... .. ... ... .. .... .. .... 18

BASE MAP LAYERS ...... . .... ... .. . .. ... . . . . .. ... . .. . . .. ... . ... .. ...... . ..... .. . . .. ... ... .. .. . ....... .... .. .. .. . .... ... . ........ .... .. ... .. ... ... ...... . 20

Aerial photography .. ....... ... ..... ....... ..... ..... ....... ..... ... .......... ...... .. ........ .... .... ... ... .. .... ... ......... ..... ..... .... ... 20

Soils (STATSGO} ... ... .... ..... ........ ........ .... ....... ..... ... ..... ........ .... .... ... ... .. ..... ... ..... ... ...... .... ... .. .. ...... ....... ... .. 20

Soils (SSURGO} ...... .. ... .. ..... .... ..... .... .. ... ....... ..... ... ..... ... ....... .. .... ... ... .... ..... .. ... ... ...... .. ........ ..... .. .... .. ... .... 22

Geology (Detailed, surficial} .... ... ....... ... .... ... ... ..... ... .. .. ........ .. .. .... .. ........ ..... ...... ... .... .. ....... ..... .. ...... ...... 22

Land use Land cover (NLCD_KS_UTM14} .. ..... ........ .. ... .......... .. ... .. .. .... ... ... .. .... .. ... .. .... ....... .. ...... .. .. ...... 23

10-foot Topographic Contours ..... ...... ....... .. ..... ... ... ........ .. ....... .... .... ..... ... .... .... ...... .... ...... .... .. ... ... .. .... . 24

Slope .. ... .... .. .. .... ... ... .... ... ...... ... ..... .. .. .... .... .. .... ... ...... .... ... ... ... ....... ...... .. ....... ...... ... ... .... .. ... .... .... ....... .. .. 25

Ecoregions .... ..... ... ... .. ... .... ......... .. ......... ... ....... .... .... ... ............ ..... .. ..... ...... ...... ....... ......... ........... ... ....... 26

ENVIRONMENTAL PLANNING DA TA ..... ... . .. ... . . .. .. . . ..... ..... .. .. .. . . .. . . . ... . . .. .. ........ .. ... . .. ... ......... . .... .. ... ........ ....... . . . .. 28

NATURAL RESOURCES: .. ........ .. .. . . ..... . . .. .. ... ...... . . .. . .. ... ... . . ....... . ..... . .... . ...... . . .. . ... ... . .. .... . .. ..... ... . .... . .. .... ... .. ...... 28

Kansas River and tributaries (NHD} ..... ..... ..... ... .. ... ... ...... .... .... ...... ........ .. .. ..... .......... ... .... .. .. .... ....... ..... 28

Watershed boundaries (HUC 8, HUC 10, HUC 12} ........ .... ..... .. ....... ..... ...... ... .. .. .... ..... .. ... .... .. ....... ... .... 30

Wetlands ..... ....... ..... ........ ... ..... .......... .. ......... ... ... ... ........... .... .... .. ........ .. ..... .... .... .. .. ... .... ....... .. .. .... .... ... 31

TWIP (Topographic Wetness Identification Process} Potential wetlands .. .. .. .... .... .. .. .... .. .... .. ...... .. .... . 33

Potential Wetlands Areas .. .. .. ... .. .... ..... .... .. ....... .. .... ........ ........ ... ... ... .. .... ... .. ... .. ... .......... ..... ....... .. .... .. . 34

FEMA Q3 Flood Data (100-year floodplain} .. .... .. .... .. .. ....... ... ... .. .. .. .... ... ...... .. .. ....... ... .. .. .. .... .. .. .... ...... . 34

Eastern KS Segmented Library of Inundation Extents ...... ......... ..... ..... .. .... .. ... .. ... .. .... .. .... ...... .. .... .. ... .. 35

Stream Corridor Land Use ... ....... ........ ..... ...... ... ... ....... ...... .. ..... ... .... .. .. ... .. .... ... ... ... ......... ...... ...... .. ..... .. 35

TMDL rivers ...... .. ..... .......... ...... .... ... ...... .. ... .. ..... ... ..... ..... ...... .. ... ......... ... .. ... ... .... .... ... ...... ...... .. ..... ... ... .. 37

TMDL lakes and wildlife areas ... ... ... ...... ....... ... .. ........ ... .. .. .. .. .. ....... .. ..... .. ... ... .... .. ........ ... ....... ..... .... .. .. 38

Alluvial aquifer .. ... ... ... ..... ... .. .... .... .. .... .... .... ... ..... ... ....... ... ....... ....... .... ..... ...... ... ... .. ..... .... .. .. .... ..... .... ... . 40

A NOTE ON LANDSCAPE FRAGMENTATION AND WILDLIFE HABITAT ................ ....... . ...... . . . .. . .... .... ............... . ......... 41

Natural communities ...... ............ ............................... ......... ............ ..... ... ... ........... .............. ..... ....... ... 42

Protected areas ... ........................ ....... .......... ... ..... ... ... ..... ...................................... ........ ..... ................ 43

Rare species ... ................. ... ...... ... ...... ..... ... ............ ............ ... ............... ........... .. ...... .... ........ ................ 43

Prairie chicken distribution .... .... .............. ... ........ .. ............... ....... ..... ....... .... ..... ........ .......................... 43

OTHER CONSIDERATIONS ........... ... ...... . .... ... .... ..... ................... ..................... . ...... . ... .. .. ..... . . .. . .. ....... . . ............ 45

Dams and Levees (Flood control structure lines) .. .... .. .. ........ ... ........ ..... ................. ........ ..... ............... 45

Sand extraction .......... ........ ....... ..... ... ........ .......... ... .............. ....... ... ........ ......... ................. ... .. .. .... .. ..... 46

Landfills- waste management type ........ ............ ..... .. ...... .......... ............. ................ .................. ... ..... 47

Environmental risk- identified sites ........... ..... ........ .. ............... ........ .. ....... ........................................ 47

Environmental regulation- water quality uses ....... .... .. ....................................... .......... .... .... ......... .. 48

Environmental regulation- National Pollution Discharge (NPDES permits) .......... .. ............ .. .......... .. 48

Environmental regulation -public water supply sites .. .. ...... .... .............................. ......... ............. .... .. 49

KDHE Solid Waste disposal sites .. .. ...... ...... .... ........ .. .. .. ......... ........................ .. ............ ........ .. ....... ...... 50

CO NT ACTS ......................................................... ........ ...... .................................................................. 52

FIGURE 1. BASE MAP OF SHAWNEE COUNTY. PICTURED IS THE URBAN FRI NGE AREA SURROUNDING THE CITY OF TOPEKA (DARK RED), THE

UPPER WAKARUSA WATERSHED (LIGHT GREEN), M IDDLE KANSAS WATERSHED (LIGHT ORANGE), MAJOR CREEKS (BLUE LINES) AND

MAJOR HIGHWAYS (ORANGE LINES) ...................... .. .............. .... ... .............. ................. .... . .... .......... ............................... . 7

FIGURE 2. TH E FOUR PILLARS OF THE PLAN MAKING PROCESS FRAMEWORK ..... .............. ... .......... .. .... ...... ..... .............. .. .. ...... .......... 8

FIGURE 3. NRIA D ATA SETS AND LAYERS ......... .. .... .. ....................................................................... .. ......... ........ .................. 16

FIGURE 4. WILDLIFE H ABITAT PLANNING GUIDELINES .. ...... .. .............. .. ....... .. ...... .... ...... . .. .. ...... . .... ....... ... ...... .... ...................... 42


Prepared for: Barry Beagle, Shawnee County Planning Department.

Prepared by: Heidi E. Mehl, Diana L. Restrepo, and Tom Huntzinger

Sponsored by: Upper Wakarusa WRAPS, Kansas Alliance for Wetlands and Streams, & The University of Kansas.

Purpose The purpose of the Natural Resource Inventory and Assessment (NRIA) is to provide Shawnee

County with a GIS-based resource to better inform planning and development strategies to protect

local natural resources. It has become widely recognized that many development strategies of the

past have depleted our natural resources, decreased biodiversity, and exacerbated natural disasters such as floods. A new school of thought has emerged in recent years, based in a framework

embracing sustainability. t This framework seeks to correct poor planning strategies of the past and to move toward a goal of more sustainable lifestyles and better urban and rural land and water

management. While large, flashy projects often grab headlines, it is smaller changes in day-to-day

decision making that create the most enduring and effective change. Planning departments are poised in especia lly influential positions to begin implementing these changes. It is our hope that

this NRIA will help to put Shawnee County on the cutting edge of natural resource conservation.

1 Sabatier, P. A., Focht, W., Lubell, M ., Trachtenberg, Z. , Vedlitz, A., & Matlock, M. (Eds.). {2005). Swimming upstream:

Callaborative approaches to watershed management. MIT Press.

6 Shawnee County Natural Resource Inventory and Assessment (NRIA}

The Plan-Making Process

The Framework The framework of the NRIA uses an environmental conservation lens and serves as a foundation for

land use and/or development planning (fig. 2). This fra mework consists of the following four

pillars: I) Establish an organization structure, II) Delineate a planning area, Ill) Coordinate with

other local plans, programs and regulatory agencies, a nd IV) Intergovernmental coordination. 2

The NRIA serves as a natural complement to the existing plan-making process for Shawnee County

to effortlessly fulfill each of the above-mentioned pillars. The need for establishment of an

organizational structure (I) is in place with the Shawnee County planning commission. The

delineation of a planning area (II) has been met thro ugh the urban fringe map showing areas likely

to undergo development pressure (see fig. 1). This map is included as a reference layer in the NRIA.

Figure 1. Base map of Shawnee County. Pictured is the urban fringe area surrounding the City of Topeka (dark red), the Upper Wakarusa watershed (light green), Middle Kansas watershed

(light orange), major creeks (blue lines) and major highways (orange lines).

Coordination with other local plans, programs and regulatory agencies (Ill) will be fulfilled simply

by using the NRIA, as it operates with rel evant existing data sets from these agencies to provide

consistency and coordination while working towards environmental conservation. This NRIA will

also be shared with these agencies in the future to serve as a tool in their upcoming planning and

management decisions. The intergovernmental coordination (IV) has not been fulfilled, as the city

and county interface is absent; concurrent use of the NRIA by both city and county planners may

begin to create this interface by providing a common framework for open spaces planning (see fig.

2).

2 Berke, Philip et al., "The Plan-making Process," in Urban Land Use Planning, vols., 5th ed . (Urbana: University of Illinois Press,

2006).

Shawnee County Natural Resource Inventory and Assessment (NRIA) 7

1. Establish an organization

structure

Foundation for preparing a plan

II. Delineate a planning area

(land use/ development

planning)

Ill. Coordinate with other local plans,

programs and regulatory agencies.

IV. Intergovernmental

coordination

Figure 2. The four pillars of the plan making process framework

Recommended Order of Consideration for Categories of Land Uses in Plan

Making According to the literature consulted for this project, there are 5 recommended categories in

ascending sequence of importance for consideration during the plan-making process. While the

lite rature acknowledges that land use plan-making is not always linear, it strongly recommended

that planning open spaces uses should remain the first priority in all cases. The order of

consideration for categories of land uses in the plan-making process is as follows:

1. Open spaces uses

2. Land for general urban uses

3. Regional activity centers and facilities (within the "urban" use area)

4. Residential comm unities (within the "urban" use area) 5. Specific area, district, and sma ll-area planning applying to a ll of the above

This section concentrates on the first item presented in this list (open spaces uses), as it is both the

most important step of the plan-making process and coi ncides with the goals of the NRIA. Open

spaces uses planning calls for the protection of lands that hold critica l environmental processes,

such as wetlands that provide nutrient filtering services and mitigate floods; hazardous areas such

as floodplains or ea rthquake fault lines; resource production areas such as agricultural la nd or

gravel deposits; and cultural resources or historic sites and outdoor recreation sites.

8 Shawnee County Natural Resource Inventory and Assessment (NRIA)

The following points illustrate why it is crucial to begi n land use plan-making with open spaces

considerations:

1. Restrictions and for requirements can be exp ressed in existent physical characteristics and

are mapped in the planning information syste m- in this case the NRIA

2. The locations of open spaces requirements are less flexible than those for urban uses

3. Natural processes occur where conditions permit and are not viable in other locations

4. Technical, after-the fact solutions to environmenta l and natural-hazard problems are costly

and inefficient

5. Market-oriented urban-development processes do not provide sufficient space in the right

locations for environmental purposes3

3 Berke, Philip et al. , (2006). "The Plan-making Process." Urban Land Use Planning, vols., 5th ed . Urbana: University of Illinois Press.


The Long- Range Plan Also called a master, general or comprehensive plan, the long-range plan is a document, based on

existing policies, that guides the location, design, density, rate and types of development in a

community over a 20 to 30 year time frame. The NRIA may be consulted not only for short-range,

immediate decisions, but also to design a long-range plan in consultation with other planning

offices and local, state, and federa l agencies. The NRIA provides the framework for col laboration in

long-range planning.

Long-Range Plan Functions

Offer a consensus-based community vision for future development

Provide facts, goals, and policies for translating this vision into a land use pattern

Inject long-range considerations into short-range actions, i. e. the permitting processes,

which promote a future land use pattern that is socially just, economically viable, and

environmentally compatible

Represent a "big picture" of the community that is related to broader regional (and

potentially global) trends

The long-range plan shou ld be updated from time to time as local development trends,

natural system conditions, and policy goals change.4 For updating data sets on this NRIA

please see section on A Note on Maintaining Quality Data Sets on page 17 of this document.

Demonstration Area Three demonstration area maps have been provided to illustrate how the NRIA may be used to

develop a long-range plan in a high-risk area. The areas, encompassing Forbes Field and Croco

Road; Sixmile Creek and 1-335; and Berryton Road and the Wakarusa River, are considered high

risk because of their proximity to the urban fringe and major infrastructure, as well as critical

environmental areas such as stream confluences, wetlands, and priority watersheds (see

"Watershed boundaries" in the data sets and metadata section for more information on priority

watersheds). All maps are located in the NRIA database as .mxd files in a folder titled

"Demonstration areas." Upon loading the maps, some files will be turned off to allow the map to

load faster. These files may be viewed by checking the box next to the file name in the Table of

Contents to the left of the viewing pane.

Forbes Field- This area was chosen due to its location inside both the 3-mile urban development

fringe and a priority area of the Upper Wakarusa watershed. This indicates that the area is likely to

undergo development pressure that will have immediate impacts on th e quality of water in Clinton

Reservoir.

The area was identified using the "Major roads," "Urban fringe-3mi limit," and "Upper Wakarusa

watershed" layers. "Aerial photography" and "Land use" were added to provide reference.

The "NHD flowlines" layer was added to the map to identify streams. This site, especially Forbes

Field airbase, is located in the headwaters of Lynn Creek. Protecting headwater areas is extremely

4 1bid .


important to downstream water quality.s.6 Pollutants such as sediment that enter the stream in the

headwaters cannot be removed by any land management practice downstream; therefore keeping

headwaters as pristine as possible will improve overall water quality and help to prevent sediment

deposition that is causing Clinton reservoir to lose storage capacity.

The "Stream corridor land use" layer reveals that mu ch of the Lynn Creek riparian area is forested .

Forests and native vegetation in stream corridors (riparian buffers) provides effective streambank stabilization and pollutant remediation, and should be preserved to the greatest extent possibleJ

The slope designations fil e indicates that steeply-sloped areas (red; >15%) tend to occur along

these stream corridors, providing further incentive to se t aside riparian areas and preserve

stabilizing vegetation.

The "Wetlands inventory" layer shows the location of wetland areas. These areas provide flood

remediation, sediment and pollutant removal, and hab itat for a diverse number of species (see file

description below) .8 The "TWIP Potential wetlands" and "Lynn Creek potential wetlands" layers

provide a further measure of wetland identifica tion. The TWIP file is LiDAR based, while the Lynn

Creek file identifies potential wetlands by locating flat slopes and hydric soils. The goal of the

KWO's state water plan, as well as the WRAPS groups, is to protect, sustain, and restore critical

wetland habitats and ecosystems in Kansas while im pacti ng water quality and quantity concerns in

a positive and responsible manner. These files will allow identification of these critical areas so that

they may be set aside wherever possible.

The "FEMA Q3" layer indicates the extent of the 100-year floodplain (shown in light red).

Development in the 100-year floodplain is not recommended and requires special permits.

Finally, the "Rare species" layer reveals that a number of rare species are located in this area. The

only non-aquatic rare species in the demonstration area is the Western Prairie Fringed Orchid

(Platanthera praeclara). Therefore, protecting stream corridors will also provide protection for

rare and endangered aquatic species such as the Mad tom (a species of catfish; Noturus gyrinus),

Fatmucket and Fawnsfoot (species of mussels; Lampsilis siliquoidea and Truncilla donaciformis,

respectively), and the Water Sedge plant (Co rex aquatilis). The Kansas Biological Survey (contact information below) can provide guidance for protecting rare species habitat.

Examination of these layers reveals that simply setting aside stream corridors solves many development questions regarding natural resources. Preserving riparian forests and native

vegetation in stream corridors will mitigate sed iment and other pollutants, and stabilize steep

5 Dodds, W. K., & Oakes, R. M . (2008) . Headwater influences on downstream water quality. Environmental management, 41(3),

367-377. 6

Kaplan, L.A. (2008) . Protecting Headwaters: The Scientific Basis for Sa feguarding Stream and River Ecosystems. Stroud Water Research Center. Available at: http://www.stroudcenter.org/research/PDF/ProtectingHeadwaters.pdf. 7

Osborne, L. L. , & Kovacic, D. A. (2006). Riparian vegetated buffer stri ps in water-quality restoration and stream

management. Freshwater biology, 29(2). 243-258. 8

Johnston, C. A., Detenbeck, N. E., & Niemi, G. J. (1990) . The cumulative effect of wetland s on stream water quality and

quantity. A landscape approach .Biogeochemistry, 10(2). 105-141.


slopes. Many wetland areas are located in stream corridors and thus will also be protected. Rare

species will also benefit. The net result is improved water quality in Clinton reservoir, which is an

important source of drinking water, as well as a popular recrea tional resource. The general

recommendation is to set aside an area of native vegetatio n twice the width of the stream channel

on ei ther side (see "Stream corridor land use" metadata below); however recommendations may

change based on the location and stability of the stream channel and the desired management goals.

The Natural Resource Conservation Service (NRCS) can provide guidance for conserving healthy

stream corridors (contact information below).

Sixmile Creek- This area was chosen because of its proximity to th e urban fringe and 1-335, as well

as the confluence of two major creeks wi th their headwaters in the urban fringe area. Confluence

areas often have natural wetlands prese nt. This provides a good opportunity to designate an open space use area that would help protect stream quality as well as mitigate floods.


watershed" layers. The "NHD flowlines" layer was added to the map to identify streams.

"Aerial photography" and "Land use" were added to provide reference. These layers indicate that

the confluence area is primarily native vegetation (deciduous forest, grassland) with some

cultivated crops and pasture areas. There is some low-in tensity development in the headwaters of

Sixmile Creek.

The "Stream corridor land use" layer shows us that many of the stream miles in this view are

forested, which will help remediate pollutants and shou ld be retained wherever possible. Some of

the low-intensity development has encroached into the riparian area- this should be remediated

with best management practices (BMPs) as soon as possible. Agencies such as NRCS and WRAPS

can help with BMP implementation (contact information below).

As in the Forbes Field example, most of the steep slopes (red; >15%) occur along stream corridors. This should provide further incentive to se t as ide stream corridors and plant or retain stabilizing

vegetation. The 10-foot contour layer gives ano ther visualization of slope (the closer together the

contour lines, the steeper the slope).

The "FEMA Q3" layer indicates the extent of the 100-year floodplain (shown in light red).

Development in the 100-year floodplain is not recommended and requires special permits.

The "Wetlands inventory" layer shows the presence of a few small wetlands in the area. However, when viewing the "TWIP Potential wetlands" layer, it becomes apparent that many potential

wetlands exist, especially in the confluence area. It is likely that many of these potential areas were

wetlands at one time, but have been filled in over time for agriculture, infrastructure, and other

purposes. These potential or former wetland areas provide good opportunities for wetland

restoration, which would also provide pollutant and sed iment remediation and flood mitigation.

Finally, the "TMDL Rivers" layer indicates which polluta nts of concern have been identified for

Sixmile Creek. A TMDL, or "total maximum daily load," is a calculation of the maximum amount of a

pollutant that a waterbody can receive and sti ll safely meet water quality standards. The GIS layer


indicates that there is a TMDL set for Sixmile Creek for "FCB," or fecal coliform bacteria. The "H"

indicates that it has a high implementation priority. Fecal coliform bacteria are a group of

pathogens that includes Escherichia coli. These pathogens are associated with the fecal matter of warm-blooded animals (people, cattle, wildli fe ), and typically enter creeks from pastures, storm

sewers or leaky septic systems. If FCB counts become too high in a swimming area (eg. Bloomington

Beach at Clinton Reservoir), the area must be closed to recreational users until counts are reduced.

Berryton Road- The Berryton Road demonstration area was chosen because of its location in a

priority area of the Wakarusa watershed, and its likelihood to undergo development pressures.


watershed" layers. The "NHD Flowline" layer was ad ded to the map to identify streams.

"Aerial photography" and "Land use" were added to provide reference. These layers show the

presence of cultivated crops and pasture areas, as well as grassland areas. The land use layer

indicates emergent herbaceous wetlands along th e Wakarusa River (these areas are not confirmed by the "Wetland inventory" layer, so ground-truthing may be necessary if this becomes an area of

interest). There is some low-intensity development along Berryton Road, north of the Wakarusa

River.

The "Stream corridors" layer indicates that both low-intensity development and cropland have

encroached into the riparian area. It is very likely that this area is contributing large amounts of

sediment, as well as pollutants, which eventually end up in Clinton Reservoir. This should be

remediated with best management practices (BMPs) as soon as possible. Organizations such as NRCS and WRAPS can help with BMP implementation (contact information below).

The "Wetland inventory" layer helps identify a few small wetland areas that are present along

Berryton Road. Efforts should be made to set these a reas aside from development.

The "Slope percent" layer reveals that there a re few steep slopes in the area of Berryton Road. A

few relatively steep (orange; 8-15%) areas exist nea r the Wakarusa floodplain (likely terraces from

the old floodplain). Caution should be used when developing these areas, and native vegetation

should be planted or retained to help hold these slopes in place.

Finally, Berryton Road crosses the Wakarusa River fl oodplain (as seen in the "FEMA Q3" layer). This floodplain should be set aside from developmen t.


How To Use This Map The GIS-based portion of the NRIA is completely custom izable and may be used in any number of

ways. This section is intended to provid e basic guida nce for usi ng the ma p. For additional

questions, please contact the University of Kansas research team (co ntac t information below) .

Assembled maps A few ma ps have been pre-assembled to provide a quick re fere nce for th e user. These fil es have the

extension ".mxd." The maps are loaded in ArcMap by using the "open" fea ture, loca ted under th e

"fil e" menu or by press ing "open" (shown as an open folde r) on the toolba r. Once open, other layers

may be added to these ma ps. Howeve r, ma ps canno t be added to a noth er map in the workspace. In

other words, it is necessary to open th e .mxd file first, and then add new layers (described below).

When closing a map, you will be prompted to "save changes." It is advisable, if you would like

to save your changes, to instead go to "File> Save as ... " and save a new .mxd file, thus

preserving the original pre-assembled map. If you do accidentally save over a .mxd file and would like to recover the original, please contact the University of Kansas research team.

Pre-assembled maps include:

Base map laye rs (fo ld er: Base Map Layers)- con ta ins all base map layers (so ils, geology,

aerial photogra phy, co ntours, e tc). All layers exce pt the county boundary are turned off

upon opening to a llow fas ter load ing of the map. Desired layers may be turn ed on by

cli cking the box next to the laye r name.

Slope des ignations (folder: Slope designations)- a n additional map was provided to quickly

interpret slope. Sl opes percentages are interpre ted and designa ted as: fl at (green, 0-3 %),

not s teep (yellow, 3-8%), rela tively steep (o range, 8-1 5%), and steep (red, > 15%). Exact

slope angle (given as percent) of a point can be seen by using the "identi fy" fea ture to click

on the a rea in question.

• Floodplain (fold er : Environmental Planning Data> Natural Resources)- includes a ll flo od

laye rs. Keep in mind that the FE MA Q3 layer (SFHA: In) foll ows the 100-year floodplain. The

15-m fl ood laye r is a "wo rst-case scenario" to be used fo r emerge ncy planning. A flood this

s ize is not a probabl e event.

Wetlands map (fold er : Environmental Planni ng Data> Natural Resources)- includ es a ll

wetland layers. This includes the potential w etland a rea analyses, though they are turned off upon opening the map to allow fo r fas ter loading. These layers may be turn ed on by

clicking the box next to the laye r name.

Stream co rridors (fo ld er: Envi ronmental Planning Da ta> Natural Resources) - contains flow lines (NHD) , and riparian la nd use.

Designated criti cal habita t (folder: Environ mental Pla nning Data> Designated critical

habita t)- though individual species laye rs can be loaded separa tely, a pre-assembled map

w ith all species, zoomed into Shawnee Coun ty, is provided for quick reference.

• Forbes Field: Sixmile Creek; Berryton Road (folder : Demons tra tion Areas) - Pre-assembled

maps showing areas within the Upper Wakarusa wa tershed likely to undergo developm ent


pressure in the near future. Relevant layers were assembled to provide a demonstration of

one way in which the NRIA may be used. See explanation above.

Creating your own map Data sets may be assembled in any combination to address environmental planning concerns in

Shawnee County. Data sets are added one at a time, either onto a blank map or added to an .mxd

file. Individual data layers are added using the "plus" sign on the toolbar. Adding data layers this way will not provide access to .mxd files- they must be added using the "open" command.

Creating a view of the area- Data sets in ArcGIS are spatially referenced to each other. The GIS

document contains 4 folders: reference data sets, base map layers, environmental planning layers, and demonstration areas.

To create a map of your current area of concern, first decide whether you would like to start with a

blank map, or one of the preassembled .mxd maps li sted above. If you choose to start with an .mxd

map, open it using the "open" command. (*Remember! Once you make changes to an .mxd map,

save it using "save as ... " and give it a new file name. If you simply "save," you will overwrite the .mxd file.)

Turn on reference data sets (Fig. 3), including the county boundary, major roads, and any other features you would like to display. This will allow you to locate your area of concern and decide

how you would like to view it.

Next, choose any base map layers you would like to consider (Fig. 3). These include features like soil type, ecoregion, and geologic setting. You may also choose to view recent aerial photography.

These layers will help you better understand the physica l environment of area in question.

Generally, only one of these layers should be viewed at a time to clearly see all available information.

Finally, examine the environmental planning layers to determine what natural resources are in or

near your area of focus, and how they may be affected by the proposed development. These layers

are divided into two folders: "natural resources" and "other considerations." The "natural

resources" folder contains all of the layers relevant to the planning process (flood layers, wetlands, habitat, etc). "Other considerations" contains regulatory layers, such as hazardous waste dump

sites, flood control structures, and NPDES permits (Fig. 3). These are provided for reference.


~ • Add ress poin ts Q) • All road s

V') • Dra inage distr icts ("Ci • Electric transmiss ion lines

+-' • Fire districts ("'i • Highways

0 • KWO basins • Majo r roads

~ • Parcel data land use

c Q) .._ Q) 4-Q)

c:::

• Parks • PLSS • Public water supply

system

• Railroads • Ru ral water d istricts • Shawnee County

boundary • Subdivis io ns • Sur roundi ng county

boundaries • Surround ing coun ty roads

• Topeka city li mit

• Townships • Urban fringe

• Bridges • Culverts • Zip codes

V) .._ Q)

> ro ....J

0.. ro ~ Q) V)

ro co

~ ··!-{~}. ~~;! . iii" . i" ~--,~-~ ~f:Ji.;.'Y> ro • Natu ra l Resou rces V) • Forbes +-' • 100-year floodplain ro ro • Alluvial aquirer Q) Field.mxd

0 • Designated critical habitat .._ <( •Sixmile

tlO • Ka nsas River and

c tribut.'tries c Creek.mxd • Natu ral commu ni ties 0 • Berryton c • Potential wetla nd areas

c • Prairie chicken ·.p Road.mxd

ro dis tribution ro .._ 0..

• Protected areas ..... • Rare species V)

• Strearn corridor land use c ro • T MDL lakes/rivers 0 ..... c • 1WIP E • Watershed boundaries Q)

• Wetlands Q)

E 0

• l Oft topo contours

• Aerial photography

• Ecoregions • Geology • Land Use Land Cover

• Slope • Soi ls

c • Othe r Co nside rations

0 • Fl ood control structu re .._ lin es

·:; • Public water su pply s i ~s

c • Water q uality uses

LLJ • Id entified sites • Solid waste disposal sites • Land fill s • NPDES permits • Sand extraction

Figure 3. NRIA Data Sets and layers.

Identifying fea tur es - Each layer has an associa ted a ttribute ta ble, which lis ts the specific

informa tion for each fea ture in the layer. To access this informa tion, click th e [!] in th e taskba r,

the n click on th e feature o f inte rest on the ma p. Wh en yo u click on a fea ture, a dialogue box will

appear with in fo rm a tion about that feature. At the top o f the dialogue box are the words "Ide ntify

from:" with a dro p-down me nu. From he re, yo u ca n choose the layer you would like to identi fy, or

se t it to identify the top-most layer, vis ible layers, se lectable layers, or a ll layer s. Your choice w ill

va ry based on th e numbe r o f laye rs overl apping in your a rea of inte rest. Ge nerally, selecting the

layer you a re try ing to id enti fy wi ll yie ld the leas t a m biguous results.

Symbology- Symbology re fe rs to the colo r-coding o r symboliza tion of the data . Th is option is used

to change the graph ica l di splay of the da ta se t. When loading a n .mxd fil e , each layer w ill a lready

have de fined symbology. However, whe n loading individual fil es it may be necessary to cha nge the

symbology to b etter visua lize the da ta . This is a ccompl ished by r ight clicking on th e da ta set in the

ta b le of conte nts to the le ft of the viewing pa ne l. At the bottom of the me nu, click on "Properti es."

Th is w ill bring up a dialogue box with num erous ta bs - click on the tab tha t says "Symbology."

To the le ft, the re is a tab le labeled "Show:" The options unde rneath offe r a va ri e ty of w ays to

vi sualize the da ta . For the NRIA, you will mos t ofte n use the "Categories" option. Click "Categories,"

then "unique va lues." In the viewing pa ne to the right, you will see "Va lue Field" a nd "Color Ramp."

Und er "Value Field," choose th e attr ibute you would like to symbolize. For some laye rs,


recommended value fields are noted in this documen t. "Color Ramp" offers a number of discrete

and continuous color options. After setting these two op tions, click the "Add All Values" button

below the viewing pane. The values will load, showing you the color that will be used to symbolize each value. Once the values and color designations are set to the user's preference, click "OK."

Reference Document/Metadata: The current document is meant to serve as a general guide fo r using the NRIA and provide

reference data for data sets. Each dataset is listed below and, excluding the datasets provided by the Shawnee County Planning Department, includes the fo llowing categories of information:

Shawnee County: This category, when presen t, provides natural resource information specific to Shawnee County and the planning process.

File name

Symbology (when applicable)

Downloaded from: Online file source, if any.

Maintained by: The agency or person in charge of maintaining the file.

Publication date: The date the information was made available. Some data sets can become out-of-date, at which point the maintaining agency should be contacted for updates.

Point of contact: Street address, phone, fax, and email address for the maintaining

person/agency.

Metadata: The metadata originating with the main taining agency, explaining technical information, methods, and other features of the data set.

A Note on Maintaining Quality Data Sets Natural resource data sets should be checked periodically to see if updates are available. This is

best done by contacting the agency in charge of main taining the dataset, or checking the online source indicated in the reference data. The year the dataset was published, the maintaining agency,

and the online source are included below in the reference data for each dataset.

Additionally, it is beneficial to ground-truth data sets, where appropriate.


Data Sets and Metadata

Reference Data Sets Shawnee county boundary

Topeka city limit

• Urban fringe- Topeka urban area

• Public Land Survey System (PLSS)

o Symbology: TOWNSHIP, RANGE, ISP_SECTIO (section)

Parcel data - land use

o Symbology: LBCSFUNCTI, LBCSACTIVI

Subdivisions

o Symbology: Sub_Name

Highways

o Symbology: Label

• Major roads (+Major roads Anno)

o Symbology: None (Label using MAP _NAME or LIST _NAME)

All roads (+Streets Anno Residential)

o Symbology: None (Label using MAP _NAME or LIST_NAME)

Railroads

o Symbology: None (Multiple railroad IDs)

Townships

o Symbology: TOWNSHIP

Zip codes

o Symbology: ZCTA or ZCTA_3DIG

Address points

o Symbology: None (Information may be obtained using "Identify")

Surrounding County boundaries

o Symbology: COUNTY (Demographic information ava ilable by using "Identify")

Surrounding County roads

o Symbology: None (Information may be obtained using "Identify")

Fire districts (SNCO_KU_Project2)

o Symbology: DIST_NAME

• Electric transmission lines

o Symbology: VOLTAGE

Parks

o Symbology: PARK_NAME

Rural water districts (SNCO_KU_Project)

o Symbology: COUNTY

Kansas Water Office Basins (SNCO_KU_Project3)

o Symbology: WATERSHED, LABEL

Drainage Districts o Symbology: DRAINAGE, NAME


Water diversion points- Bridges

o Symbology: STREAM, TOWNSHIP

Water diversion points- Culverts o Symbology: STREAM, TOWNSHIP

Public water supply system

o File name: PWS

o Downloaded from: www.kansasgis.o rg >Water Resources

o Maintained by: Kansas Water Office (KWO), Kansas Rural Water Association

(KRWA), and the Data Access and Support Center (DASC)

o Publication date: 2006 o Point of contact: Brent Miller, GIS Specialist, DASC, 1930 Constant Avenue, West

Campus, University of Kansas, Lawrence, KS, 66047. Phone: 785-864-2130. Fax: 785-864-5317. Email: [email protected]

o Metadata: Abstract: This dataset includes boundaries for most public water supply systems (PWS) in Kansas (525 municipalities, 289 rural water districts and 13 public wholesale water supply districts), and infrastructure data for rural water districts (RWD) and public wholesale water supply districts (PWWS). RWD boundaries delineate the service area (not incorporated area) of the district; municipal boundaries are generally th e city limits included in the 2000 U.S. Census Bureau Tiger files, although some municipal boundaries may be the actual water distribution system service area. PWWS district boundaries are the composite boundaries of the district members. Infrastructure includes the general location of: the main pipelines in the distribution system; the source water wells and surface water intakes; facilities (storage tanks, pump stations and surface water treatment plants); and interconnections between PWS systems for wholesale water distribution. These data were collected by the Kansas Rural Water Association (2004-2006), working directly with the public water supply systems, using printed maps of the 1992 datasets. Updates were hand-drawn on the maps and then headsup digitized at the Data Access and Support Center (DASC). Purpose: This dataset was developed to support programs at the Kansas Water Office and the Kansas Department of Health and Environment. These data should be used for planning or general reference purposes only.


Base Map Layers

Aerial photography o File name: SN_2012NAIP.sid

o Downloaded from: www.kansasgis.org> Imagery and Ras ter

o Maintained by: Farm Services Agency (FSA)

o Photography date: June 2012

o Point of contact: Kansas FSA State Office , 3600 Anderson Ave, Manhattan, KS

66503-2511. Phone: (785) 539-3531. Fax: (785) 537-9659.

o Metada ta : Abstract: This data se t contai ns imagery from the National Agriculture

Imagery Program (NAIP). Th e NAIP acquires 4-band digital ortho imagery from

airbourne and/or space based platforms during the agricultural growing seasons in

the U.S .. A primary goal of the NAIP program is to enable availability of ortho

imagery within s ixty days of acquisition. Th e NAIP provides 1 meter GSD ortho

imagery rectified within+/- 6 meters to true ground at a 95% confidence level. The

tiling format of NAIP imagery is based on a 3.75' x 3.75' quarter quadrangle with a

300 (plus or minus 30) pixe l buffer on a ll four sides. Th e NAIP imagery is formatted

to the UTM coordinate system us ing the North American Da tum of 1983 (NAD83).

The NAIP imagery may contain as much as 10% cloud cover per til e. This file was

generated by compressing NAIP im agery that cover the county extent. Two types of

compression may be used for NAIP imagery: MrSID and JPEG 2000. Target value for

the compression ratio for 1 meter GSD is (15:1).

Purpose: The NAIP imagery is avai lab le for distribution within 60 days of the end of

a flyin g season and is intend ed to provide current information of agricultural

conditions in support of USDA farm programs. For USDA Farm Service Agency, the 1

mete r GSD product provides an ortho image base for Common Land Unit boundaries

and other data sets. The NAIP imagery is generally acquired in proj ec ts covering full

sta tes in cooperation with state government and other federal agencies that use the

imagery for a variety of purposes includ ing land use planning and natural resource

assessment. Th e NAIP is a lso ofte n used fo r disaste r response.

Soils (STATSGO) o Shawnee County: Knowledge of soil type is critical for decis ions regarding location

and site des ign of land uses such as residential areas, indus tria l areas and landfills.

Soil survey maps are useful for communi tywid e and regional scales, and may be

used to compliment the soils layers.

The NRCS uses different soil properties to classify and describe the suitability of

soils for diffe rent land uses. Those properties or features are:

• Weight-bearing capacity: resistance of so il to compression from the weight of

the overlaying landscape.


9 1bid.

• Shrink-swell: degree to which so il contracts and expands when subject to

variations in moisture. Soils with high levels of shrink and swell tend to generate

high levels of stress on foundatio ns and utility lines. • Infiltration capacity: rate that wate r penetrates the soil surface as measured in

inches per hour.

• Erodibility: susceptibility of soil loss to runoff. Determined by the K-factor which

is determined by values in :

o Vegetation

o Soil type

o Slopes

o Rainfall

• Slope: inclination of landscape.

• Depth to seasonal high water table: distance between the soil surface and the upper level of the water table.

• Fertility: involves soils with high proportions of organic matter that are nutrient

rich and yield high levels of agricul tural productivity.9

o File name: Soils_Statsgo_SN1

o Downloaded from : www.kansasgis.org >Land Surface Geology Soils

o Maintained by: U.S. Department of Agriculture/Natural Resources Conservation

Service

o Publication date: 1994 o Point of contact: U.S. Department of Agriculture, Natural Resources Conservation

Service, 760 South Broadway, Salina, KS, 67401-4642. Phone: 785-823-4558. Fax: 785-823-4540.

o Metadata: http:/ jsoils.usda.gov /survey /geography jssurgoj Abstract: This data set is a digital ge neral soil association map developed by the National Cooperative Soil Survey. It consists of a broad based inventory of soils and nonsoil areas that occur in a repeatable pattern on the landscape and that can be cartographically shown at th e scale mapped. The soil maps for STATSGO are compiled by generalizing more detailed soil survey maps. Where more detailed soil survey maps are not available, data on geology, topography, vegetation, and climate are assembled, together with Land Remote Sensing Satellite (LANDSAT) images. Soils of like areas are studied, and the probable classification and extent of the soils a re determined. Map unit composition for a STATSGO map is determined by transecting or sampling areas on the more detailed maps and expanding the data statistically to characterize the whole map unit. This data set consists of georeferenced digital map data and computerized attribute data. The map data are collected in 1- by 2-degree topographic quadrangle units and merged and distributed as statewide coverages. The soil map units are linked to attributes in the Map Unit Interpretations Record relational data base which gives the proportionate extent of the component soils and their properties. Purpose: STATSGO depicts info rmation about soil features on or near the surface of the Earth. These data are collected as pa rt of the National Coopera tive Soil Survey.


Soils (SSURGO) o Shawnee County: The SSURGO soils layer provides more refined information on soil

type. The SSURGO database is quite powerful, and allows the user to determine such

qualities as soil type, hydric rating, and percent clay. Instructions for using the

SSURGO database are included as .pdf files in the NRIA database, and also available

here:

http: / /soil da tam art. n res. usda.gov I d ocu men ts /SSU RGO Data Packagi ngand U se.pdf

Tables & columns: http://soildatamart.nrcs.usda.gov /ssurgometadata.aspx

Questions about using the database can be directed to the National Soil Information

System (NASIS) Hotline. The NASIS Hotline, which resides at the USDA NRCS

National Soil Survey Center in Lincoln Nebraska, is staffed from 8:00AM to 4:30 PM

Central Time.

(402) 437-5378- Steve Speidel

( 402) 437-5379- Tammy Cheever

E-mail: hotline@ lin.usda.gov

o File name: SurgoSoils

o Downloaded from: www.kansasgis.org > Land Surface Geology Soils

o Maintained by: U.S. Department of Agriculture, Natural Resources Conservation

Service

o Publication date: 1998

o Point of contact: U.S. Department of Agriculture, Natural Resources Conservation

Service, 760 South Broadway, Salina, KS, 67401-4642. Phone: 785-823-4558.

o Metadata: http: 1/soils.usda.gov /survey/geography/ssurgo/

Geology (Detailed, surficial) o Shawnee County: Because land is the surface expression of the underlying geology,

planning should not proceed without fully appreciating geological conditions. It is desirable to know if any useful materials are present that can be retrieved from it before construction starts. Also, groundwater is a dynamic system, and water tables can rise and fall and thereby can influence subsurface structures.

o File name: sn_geology

o Symbology: stralegend

o Downloaded from: www.kansasgis.org >Land Surface Geology Soils

o Maintained by: Kansas Geological Survey (KGS)

o Publication date : 1992 o Point of contact: Kansas Geological Survey, University of Kansas, 1930 Constant

Avenue, West Campus, Lawrence, KS, 66047-3726. Phone: 785-864-3965. Fax: 785-864-5317. Email: [email protected]

o Metadata: Abstract: Thi s database is an Arc/Info implementation of the 1:500,000 scale Geology Map of Kansas, M23, 1991. This work was performed by the Automated Cartography section of the Kansas Geological Survey, under contract to the Kansas Water Office. The goal of this project was to capture, in Arc/Info structures, the spatial and attribute information portrayed on this map. The data for Map M23 was digitized from an original paper copy publication of the Geologic Map


of Kansas, Map M1, 1964. That map inco rporated a 1:500,000 scale, USGS base map. Because of this source and scale, there are some edge matching problems with the state boundary as maintained by the Kansas Cartographic Database (KCD). Two classes of spatial feature are represen ted in the Arc/Info version of the geology map: polygons depicting major geologic un its, and lines demarking the bases of key geologic formations within the units. Purpose: The purpose of this database is to make a digital representation of the Geological map of Kansas.

Land use Land cover (NLCD_KS_UTM14) o File name: nlcd_sn

o Downloaded from: www.kansasgis.org >Land Surface Geology Soils

o Maintained by: Kansas Applied Remote Sensing (KARS) Program

o Publication date: 2005 o Point of contact: Dana Peterson, Kansas Applied Remote Sensing (KARS) Program,

2101 Constant Avenue, Lawrence, KS 66044. Phone: 785-864-1500. Fax: 785-864-1534.

o Metadata: The 2005 Kansas Land Cover Patterns (KLCP) Mapping Initiative was a two-phase mapping endeavor that occurred over a three-year period (2007-2009). Note that while the processing occurred during the 2207-2009 period, all satellite data used in the project was acquired in 2005. Concurrent with mapping the state of Kansas, the Kansas River Watershed was also mapped. The Kansas River Watershed extends into southern Nebraska and includes a portion of eastern Colorado. During Phase I a Modified Level I map was produced. In Phase II a series of maps, Modified Level II through IV, were produced. All KLCP 2005 map products were produced at four spatial extents: the state of Kansas plus a 300 meter buffer, aDEM-derived watershed boundary of the Kansas Rive r, the Kansas River watershed boundary plus a 1,000 meter buffer, and a combined dataset of the state of Kansas plus 300 meter buffer and the watersh ed plus 1,000 meter buffer.These extents are annotated in the file names with the exte ntions k, w, wb, and kwb respectively.

The goal of Phase II was to map subclasses for grassland and cropland, classes which were mapped during Phase I. For the Level II map, cool- and warm-season grasslands were mapped along with Spring Crop, Summer Crop, Alfalfa, Fallow, and Double-Crop classes. For the Level III map, the Summer Crop subclasses Corn, Soybean, and Sorghum were mapped, and the Spring Crop class was reassigned to Winter Wheat. In the Level IV map, irriga tion status was mapped and added to the Level III crop type map.The Kansas Land Cover Patterns Level IV map contains twenty-four land usejland cover classes and has a positional accuracy and spatial resolution appropriate for producing 1:50,000 scale maps. The minimum map unit (MMU) varies by land cover class and ranges from 0.22 to 5.12 acres.

In general, the mapping methodology used a hybrid, hierarchical classification of multi-temporal, multi-resolution imagery to develop modified Anderson Level II through Anderson Level IV land cover maps of the Kansas River Watershed and the State of Kansas. More specifically, mul ti-seasonal Landsat Thematic Mapper (TM) imagery from the 2004 and 2005 growing season was used to map the grassland


subclasses (cool- and warm-season grasslands). while MODIS NDVI time-series imagery from the 2005 growing season was used to map cropland subclasses.

The land use/land cover classes in the Level IV map are coded hierarchically to allow aggregation of land use and land cover classes as needed by the end-user. For example, a user can aggregate the Level IV map classes to a Level III classification by ignoring or eliminating the last digit of each land use/land cover class. Likewise, a Level II and Level I map can be created fro m the Level IV map by eliminating the last two and three digits, respectively, from each Level IV land use/land cover class.

A formal accuracy assessment found the Level II, Level III, and Level IV maps to have overall accuracy levels of 86.3%, 82.0%, and 74.3%, respectively. User and Producer (per-class errors of commission and omission) accuracies vary by land cover class and users are encouraged to reference the reported accuracy levels in the final report and/or metadata when using the Kansas Land Cover Patterns map series. Digital versions of the map, metadata, and accuracy assessment can be accessed from the Data Access Support Center (http://www.kansasgis.orgL) or the Kansas Applied Remote Sensing Program (hlliLL.Lwww.kars.ku.edu/). Purpose: This database was developed as part of the Core Database for the State of Kansas. It is suited for county-level and watershed-level analyses that involve land use and land cover.

10-foot Topographic Contours o File name: SN_Ctr10Ft

o Symbology: ContourEle

o Downloaded from: www.kansasgis.org >Elevation

o Maintained by: U.S. Geological Survey & Kansas Data Access and Support Center o Publication date: 2012

o Point of contact: Kansas Data Access and Support Center, 1930 Constant Avenue,

Lawrence, KS, 66047. Phone: 785-864-2000. Email: [email protected] o Metadata: Abstract: Elevation contours in ten-foot intervals as automatically

generated by the United States Geological Survey. Additional description

information available at http://pubs.usgs.gov /sir/2012/5167/sir2012-

5167.pdf (PDF document).

Purpose: The capability to easily create digital contours using commercial off-the

shelf (COTS) software has existed for decades. Out-of-the-box raw contours are suitable for many scientific applications without pre- or post-process ing; however,

cartographic applications typically require additional improvements. For example, raw contours generally require smoothing before placement on a map. Cartographic

contours must also conform to certain spatial/logical rules; for example, contours

may not cross waterbodies. The objective was to create contours that match as closely as possible the cartographic contours produced by manual methods on the

1:24,000-scale, 7.5-minute Topographic Map series.


Slope o Shawnee County: Steeply sloped areas can offer a variety of amenities such as

significant views of valleys and hills, proximity to large natural open space areas, and privacy. However, if developmen t is poorly laid out and built, the very amenities that people seek can be destroyed. In addition, the cumulative effects of improper steep slope development can include: significant destruction of the scenic beauty of the area, decreased water quality, in creased downstream runoff and flooding problems, increased sediment inputs to streams, loss of sensitive habitats, erosion, slope failures, fire hazards, high utility costs, lack of safe access for emergency vehicles, and high costs for maintenance of public improvements. Steeply sloped areas are often important headwater areas and their condition can greatly affect downstream water quality. Removing groundcover from steeply sloped areas will increase the amount of sediment in streams, and also increase the chance for movement and failure of the soil mantle.1o The Clean Water Act of 1972 was a catalyst for many local grading, erosion and sedimentation ordinances, and the inclusion of steep slopes as preserved a reas in municipal comprehensive plans.

We recommend avoiding cons truction on s lopes steeper than 15%. Slopes from 8-15% are only suitable for low-density development and caution should be taken to protect headwater streams and other natural resources. Sloping agricu ltural fields should be terraced to reduce topsoil loss and fertilizer runoff in local streams. Grass filter strips, terraces, and riparian bu ffe rs also help to slow overland runoff and deposit sediment.

The datasets provided were derived from the digital elevation model (DEM) to visually display land surface slopes. The slope can be determined on the datasets provided by using the identify feature described above to click on the area in question. Three files are provided:

• Slopes given in degrees • Slope given in percent • General slope designations (provided as an .mxd file), defined as: flat

(green; 0-3%), not steep (yellow; 3-8%), relatively steep (orange; 8-15%), and steep (red; >15%).*

*The slope designation file provides the simplest visual representation of slope. Because it is an .mxd file, it must be loaded first, then other layers added to it. Remember to "Save as ... " and name a new file if you would like to save the layers you add to the original map. The remaining two slope files may be added to any map, but symbology may need to be adjusted.

o File name: slope_demsnll (degrees); slope_percent (percent); slope designations

(.mxd file) o Downloaded from: www.kansasgis.org >Elevation

o Maintained by: U.S. Geological Survey

10 Sidle, R. C., Tsuboyama, Y., Noguchi, S., Hosoda, 1., Fujieda, M., & Shimizu, T. (2000) . Stormflow generation in steep forested

headwaters: a linked hydrogeomorphic paradigm. Hydrological Processes, 14(3), 369-385.


o Publication date : 2006 o Point of contact: Ingrid M. Landgraf, USGS Geospatial Liaison for Kansas, NSDI

Partnership Office, 4821 Quail Crest Place, Lawrence, KS, 66049. Phone: 785-832-3566. Fax: 785-832-3500.

o Metadata: Abstract: These 2-meter post-spaced DEMs were generated from Bare Earth LIDAR data.

Ecoregions

Purpose: Northeast Kansas- Northwest Missouri LIDAR Acquisition Project data was designed to provide a FEMA compliant set of mass points within the defined areas. The data sets are suitable for the development of contours for use in hydraulic/hydrologic model development, and for assessing environmental impacts. Typical uses for the data set include: FEMA Flood Plain Map Modernization, DFIRM map updates, Watersheds, and other hydro studies per FEMA specifications. County Mapping projects which include several uses, in addition to Flood mitigation assessment. Dataset credit: The Northeast Kansas- Northwest Missouri LIDAR Acquisition Project was funded through a consortium of 15 partners: Fort Riley Military Reservation, National Geospatial Intelligence Agency, Kansas GIS Policy Board, Kansas Department of Transportation, Kansas Biological Survey, Shawnee county KS, Douglas county KS, jefferson county KS, johnson county KS, Wyandotte county KS, Jackson county MO, Cass county MO, City of Manhattan, Junction City, and Kansas State University. The project was coordinated by USGS Geospatial Liaison for Kansas, Ingrid Landgraf.

o Shawnee County: The majority of the county is within the "Osage Cuestas" Level IV

ecoregion. The Osage Cuestas region is a gently undulating cuesta plain composed

of several alternating layers of sandstone, limestone, and shale. Topography is

distinct from the more dramatic rolling hills of the Flint Hills to the west. Potential

natural vegetation ranges from a mosaic of mostly tall grass prairie in the west to a

mixture of tallgrass prairie and oak-hickory forest in the east, with floodplain

forests along streams. The moist, silty clay loams are formed in material weathered from limestone and shale, and support a land use composite of cropland, woodland,

and grassland/rangeland.

The western portion of the county transitions into the "Flint Hills" Level IV

ecoregion. The Flint Hills ecoregion is the largest remaining intact tallgrass prairie in the Great Plains. This region is characterized by rolling hills composed of shale

and cherty limestone, and rocky soils. The Flint Hills marks the western edge of the

tallgrass prairie. Erosion of the softer Permian limestone has left the more resistant

chert (or flint) deposits, producing the hilly topography and coarse soils of the area.

This rocky surface is difficult to plow; consequently, the region has historically

supported very little cropland agriculture. The natural tallgrass prairie still exists in

most areas and is used for range and pasture land. However, some cropland


agriculture has been implemented in r iver valleys and a long the periphery of the

Flint Hills.ll

o File name: ecoregions_Sn o Symbology: LEVEL4_NAM; LEVEL3_NAM

o Downloaded from: www.kansasgis.org >Environmental resources

o Maintained by: U.S. Environmental Protection Agency (USEPA)

o Publication date: 2003

o Point of contact: James M. Omernik, U.S. EPA National Health and Environmental

Effects Laboratory (NHEERL), 200 SW 35th Stree t, Corvallis, OR 97333; phone:

(541) 754-4458, email: omernik. [email protected].

• Or for maps and data information, contact Jeffrey Comstock, Indus

Corporation, cjo U.S. EPA National Health and Environmental Effects

Laboratory (NHEERL), 200 SW 35th Street, Corvallis, OR 97333; phone:

(541) 754-4361; email: [email protected].

o Metadata: Ecoregions denote a reas of general s imilarity in ecosystems and in the

type, quality, and quantity of environmental resources. They are designed to serve

as a spatial framework for the research, assessment, management, and monitoring

of ecosystems and ecosystem components. By recognizing the spatial differences in

the capacities a nd potentia ls of ecosys tems, ecoregions stra tify the environment

purpose regions are critical for structuring and implementing ecosystem

management strategies across federal agencies, state agencies, and nongovernment

same geographical areas (Omernik and others, 2000).

The approach used to compile this map is based on the pre mise that ecological

regions are hie ra rchical and can be identifi ed through the analys is of the spatial

patte rns and the composition of biotic and abiotic phenome na that affect (1987, 1995).

These phenomena include geology, physiography, vegetation, climate, characteristic

varies from one ecological region to another regardless of the hierarchical level. A

Roman numeral hierarchical scheme has been adopted for diffe re nt levels of ecological

regions. Levell is the coarsest level, dividing North America into 15 ecological regions.

Level II divides the continent into 52 Ill, the continental United States contains 104

eco regions and the conterminous United States has 84 ecoregions (United States

Environmental Protection Agency [USEPA] 2002). Level IV is a further subdivis ion of

level III ecoregions. Explanations of the methods used to define the USEPA's ecoregions

are given in Omernik (1995), Omernik and others (2000), and Gallant and others

(1989) .

The level IV ecoregions w ere compiled a t a scale of 1:250,000 and depict revisions

and subdivisions of earlier level III ecoregions that were originally compiled at a smaller

scale (USEPA 2002; Omernik 1987). In this data layer, states where ecoregions have not

11 Omernik, J.M, 1987, Ecoregions of the conterminous United States (map supplement): Annals of the Association of American

Geographers, v. 77, no. 1, p. 118-125, sca le 1:7,500,000. - Descriptions available online at:

http://www.eoearth.org/article/ Ecoregions of Kansas and Nebraska (EPA).


yet been subdivided to level IV are represented collaborative project primarily between

USEPA Regions, USEPA National Health and Environmental Effects Research Laboratory

(Corvallis, Oregon), United States Department of Agriculture-Natural Resources Conservation Se rvice (NRCS, the United States Departme nt of Agriculture-Forest Service

(USFS), United Sta tes Department of the Inte rior-Geological Survey (USGS)-Earth

Resources Observation Systems (EROS) Data Center, and with multiple state

environmental and natural resource agencies.

The project is associated with an interagency effort to develop a common

framework of ecological regions (McMahon and others, 2001). Reaching that objective

requires recognition of the differences in the conceptual approaches and mapping

methodologies applied to develop the most common ecoregion-type frameworks,

including those developed by the USFS (Bailey a nd others, 1994), the Conservation

Service, 1981). As each of these frameworks is further refined, their differences a re

becoming less discernible. Regional collaborative proj ects, where some agreement has

been reached among multiple resource management agencies, are a step toward

attaining consensus a nd consistency in ecoregion frameworks for the entire nation.

Purpose: Assist managers of aquatic and terrestrial resources in understanding the

regional patterns of the realistically attainable quality of these resources.

Supplemental information: The ecoregion boundaries of Omernik (1987) were

originally compiled at a scale of 1:3,168,000 using a variety of scale source maps, and

the ecoregion map was published a t a display scale of 1:7,500,000. All level IV ecoregion

delineations and most alllevellll revisions are digitized from the U.S.G.S. 1:250,000 base maps. For this coverage, USECO, the revised level III boundaries have been

smoothed a nd generalized appropria tely for a 1:7,500,000 display scale.

Environmental Planning Data

Natural Resources:

Kansas River and tributaries (NHD) o Shawnee County: This folder contains all water resources fil es. The most complete

fil e is the "NHD Flowline" geodatabase, which shows all flowing water lines. A subset of this da taset has been provided for Shawnee County ("NHDFlowline_SN). The remaining fil es are useful when only a subset of the da ta is needed (for example, only lakes, a specific creek, or only the Kansas River). There a re numerous considerations regarding s treams when developing an area, many of which are described in additional datasets below. Be aware that any development plan should consider the quality of water in the stream (including sedime nt load), any existing TMDLs, the condition/s tability of the cha nnel, and the impact on groundwater. There are both immediate and long-term effects.


Channelizing (straightening) even smaller streams has largely fallen out of favor as a management strategy.12 A stream with natural meanders is associated with lowervelocity flow (even at storm flow stage), reduced bank erosion, and healthier biological communities. n Stra ighteni ng and cementing stream channels increases the size of the downstream flood pulse, and renders the stream unable to support most native biological life.

Channelizing streams increases the velocity of stream flow, meaning that the erosive capacity of the water is increased. These effects can migrate throughout the stream system, upstream of the channelized or hardened portion. The lower portion of Soldier Creek was channelized and moved downstream to bypass the City of Topeka in multiple projects completed in 1963 . The U.S. Geological Survey examined the effects of this channelization project in 2002 and found that the channel had incised and widened upstream from the channelized portion. This incision propagated throughout the entire system and has resulted in the loss of land and infrastructure.H

o File name: All_water; Creeks; Kansas River_SN; Kansas River; Lakes; Lake Shawnee; NHD Flowline; NHD Flowline_SN; Shu nganunga_SN; Soldier Creek_SN; Upper Wak MajorNHD.

o Downloaded from: www.kansasgis.org >Water Resources

o Maintained by: U.S. Geological Survey (USGS) in cooperation with U.S.

Environmental Protection Age ncy

o Publication date: Varies o Point of contact: U.S. Geological Survey, Mid-Continent Mapping Center, 1400

Independence Rd., Rolla, MO, 65401. Phone: 573-308-3647. Email: [email protected] o Metadata: Abstract: The National Hydrography Dataset (NHD) is a feature-based

database that interconnects and uniquely identifies the stream segments or reaches that comprise the nations surface water drainage system. It is based initially on the content of the U.S. Geological Survey 1:100,000-scale Digital Line Graph (DLG) hydrography data, integrated with reach-related information from the U.S. Environmental Protection Agency Reach File Version 3.0 (RF3). More specifically, it contains reach codes for networked fea tures and isolated lakes, flow direction, names, stream level, and centerline representations for areal water bodies. Reaches are also defined to represent waterbodies and the approximate shorelines of the Great Lakes, the Atlantic and Pacific Oceans, and the Gulf of Mexico. The NHD also incorporates the National Spatial Data Infrastructure framework criteria set out by the Federal Geographic Data Committee. Purpose: The National Hydrography Dataset combines elements of the DLG and RF3 : spatial accuracy and comprehensiveness from the DLG and network

12 U.S. EPA Fact Sheet (2005). Stream Channelization . U.S. EPA Region 7, Fact Sheet No. 1. Available at:

http://www. epa .gov /region07 /wetlands/pdf/Chan ne I iza tion FS04-Fi na I. pdf. 13

Evans, R. 0 ., Bass, K. L., Burchell, M. R., Hinson, R. D. , Johnson, R., & Doxey, M . (2007) . Management alternatives to enhance

water quality and ecological function of channelized strea ms and dra inage canals. Journal of Soil and Water Conservation, 62(4),

308-320. Available at : http://naldc.nal.usda.gov/download/7542/PDF.

14 Juracek, K. E. (2002). Historical channel change along Soldier Creek, northeast Kansas. US Department of the Interior, US

Geological Survey. Available at: http://ks.water.usgs.gov/pubs/reports/wrir.02-4047.pdf


relationships, names, stream level, and a unique identifier (reach code) for surface water features from RF3. The NHD supersedes DLG and RF3 by incorporating them, not by replacing them. Users of DLG and RF3 will find the National Hydrography Dataset both familiar and greatly expanded and refined. The NHD provides a national framework for assigning reach addresses to water-related entities, such as industrial dischargers, drinking water supplies, fish habitat areas, wild and scenic rivers. Reach addresses establish the locations of these entities relative to one another within the NHD surface water drainage network in a manner similar to street addresses. Once linked to the NHD by their reach addresses, the upstream/downstream relationships of these water-related entities and any associated information about them can be analyzed using software tools ra nging from spreadsheets to geographic information systems (GIS). GIS can also be used to combine NHD-based network analysis with other data layers, such as soils, land use and population, to help better understand and display their respective effects upon one another. Furthermore, because the NHD provides a nationally consis tent framework for addressing and analysis, water-rela ted information linked to reach addresses by one organization (national, state, local) can be shared with other organiza tions and easily integrated into many different types of applications to the benefit of a ll. The National Hydrography Dataset is designed to provide comprehensive coverage of hydrologic data for the U.S. While initially based on 1:100,000-scale data, the NHD is designed to incorporate - and encourage the development of higher-resolu tion data required by many users. It will fac ilitate the improved integration of water-related data in support of the application requirements of a growing national user community and will enable shared maintenance and enhancement.

Watershed boundaries (HUC 8, HUC 10, HUC 12) o Shawnee County: Watershed boundaries a re determined topographically using high

elevation points. Essentially all precipita tion that fa lls with in this boundary drains to the s tream network within it and exits through a single outlet at the mouth of the watershed. Wa tershed bounda ries are drawn at various scales - larger hydrologic unit codes (HUCs) indicate a smaller w atershed scale. For example, a HUC 8 is made up of numerous HUC lOs, which a re made up of numerous HUC 12s. The NRIA includes 3 files- HUC 8, HUC 10, a nd HUC 12. These are the most appropriate scales for county-wide watershed and natural resource management. There are additional files for the Middle Kansas and Upper Wakarusa watersheds, and a file showing the priority HUC 12s in the Upper Wakarusa wa tershed (described below).

Every feature in a wa te rshed affects the s tream network within it, as w ell as downstream watersheds.ls For example, the amount of impermeable surface within a wa tershed will a ffect the overall amount of surface runoff reaching the stream (more impermeable surface = less infiltration to soil a nd groundwater), the ra te a t which it reaches the stream (more impermeable surface = a quicker a nd higher

15 Naiman, R. J., Bisson, P. A., Lee, R. G., & Turner, M . G. (1992). Watershed management. Springer. Avai lable at :

http ://Ia nd scape. zoology. wisc.ed u/Peop le/Tu rne r /Naiman REM 1998c. pdf.


Wetlands

storm peak which may contribute to flo oding), and the pollutant load carried within it (water running over impermeabl e su rfaces such as streets and parking lots picks up oil, gas, and other pollutants). Ad di tionally, protecting headwater streams by maintaining healthy vegeta tion in stream corridors leads to vast improvements in downstream water quality. It is important to take into account the entire watershed when considering a new development or a change in land management practices. Conservation of natural resources is most successful when it is undertaken at the watershed level.

The Upper Wakarusa WRAPS has identified priority areas in the watershed that are crucial to protecting the water quality of Clinton Reservoir. These areas are highlighted in the file "Upper Wakarusa_highpriorityHUC12." Upon loading this file, set the symbology to "Priority" and select "add all values." The priority HUC 12s are identified as "high." More information about the Upper Wakarusa watershed can be found here: http : //www.kaws.org/upper-wakarusa-watershed.

Please see this fact sheet from Ohio Sta te University extension on community-based watershed planning: http: 1/ohioline.osu.edu / ws-fact / 0003.html

o File name: HUC8_SN; HUC10_SN; HU C1 2_SN; Middle Kansas; Upper Wakarusa;

Upper Wakarusa_highpriorityHUC12.

o Symbology: SUBBASIN or HUC_8; HU_10_NAME; HU_12_NAME

o Downloaded from: www.kansasgis.org >Water Resources

o Maintained by: U.S. Department of Agriculture, Natural Resource Conservation Service (NRCS). Quality review done by U.S. Geological Survey.

o Publication date: 2012 o Point of contact : U.S. Department of Agriculture, Natural Resources Conservation

Service, 760 South Broadway, Salina, KS, 67401-4642. Phone: 785-823-4558. Fax: 785-823-4540.

o Metadata: Abstract: This data set is a digital hydrologic unit boundary that is at the 4-digit, 6-digit, 8-digit, and 11-digit level. The data set was developed by delineating the boundary lines on base maps or overlays and digitizing the delineated lines. Digital Elevation Model data may have been used in part of the process to establish preliminary boundaries. This data set consists of geo-referenced digital map data and attribute data. The hydrologic un it ID code attached to each delineated polygon is linked to the attribute data which co ntains information on non-contributing area and trans-basin flow. Purpose: For use in the management and protection of water resources in Kansas.

o Shawnee County: Wetlands are defined as those areas that are inundated or saturated by surface or ground water a t a frequency and duration sufficient to support a prevalence of vegeta tion typically adapted for life in saturated conditions. Preserving wetlands has many benefi ts, including flood mitigation (wetlands are natural storage areas for flood waters), water purification, groundwater recharge, and stream flow maintenance. Wetlands also provide habitat for fish and wildlife,


including endangered species.16 Because of these benefits, it is recommended to avoid developing or filling wetlands whenever possible.

Development of wetlands is regulated federally by the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act. The Kansas Department of Agriculture's Division of Water Resources also regulates wetlands under the Water Projects Environmental Coord ination Act and the Obstructions in Streams Act. Individuals cann ot commence a water development project without first obtaining approval from an environmental review agency. Projects can occur in streams and also be subj ect to the provisions of the Obstructions in Streams Act. When the proposed project is a dam or water obstruction it is subject to the exclusive jurisdiction of the Chief Enginee r of the Division of Water Resources.

The file contains the following designations: • Freshwater Emergent Wetland- characterized by erect, rooted, herbaceous

hydrophytes, exclud ing mosses and lichens. This vegetation is present for most of the growing season in most years. These wetlands are usually dominated by perennial plants. See: http: //el.erdc.usace.army.mil/emrrp /emris /em rishelp2/emergent wetland cowardin.htm

• Freshwater Forested/Shrub Wetland- A Forested Wetland is characterized by woody vegetation that is 6 m tall or taller, where soi l is at least periodically saturated or covered by water. All water regimes are included except subtidal. See: http://www. npwrc.usgs.gov /resource /wetlands /classwet/forested.htm

A Shrub Wetland is dominated by woody vegetation less than 6 m (20 feet) tall. The species include true shrubs, young trees, and trees or shrubs that are small or stu nted because of environmental conditions. All water regimes except subtidal are included. See: http://www. n pwrc. usg~/resource jwetla nds I c!asswe t/scrbsh rb.h tm

• Freshwater Pond -A relative ly small body of still water. May include natural ponds, or small reservoirs formed by creating earthen dams.

• Lake -A relatively large body of still water. • Other • Riverine- An area of flowing water in a channe l.

o File name: NWI_Poly_Shawnee

o Symbology: Type o Downloaded from: www.kansasgis.org >Land Surface Geology Soils

o Maintained by: U.S. Fish and Wildlife Service, National Wetlands Inventory o Publication date: Varies for each 7.5' quad. See the quad-specific metadata file. o Point of contact: Linda Shaffer, Chief Cartographer, U.S. Fish & Wildlife Service,

National Wetlands Invento ry, 9720 Executive Center Drive, St.Petersburg, Florida, 33702


July 23, 2013

TO:

FROM:

RE:

Board of Commissioners

Shawnee County ~

John E. K;light, Director Parks & Recreation

Service Contract- Topeka West c/o Donnie Palmer (Intended for the Consent Agenda)

SHXW:"!EE COlii'in

PARKS & RECREXTJO:"!

JOHN E. KNIGHT

DIRECTOR 3137 SE 29TH ST.

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

J. ohn.knight@snco. us '-' '-._/

Board of Commissioners approval is requested for the attached Service Contract between Topeka West High School c/o Donnie Palmer and Shawnee County. This contract is for the services Donnie Palmer, Topeka West Cross Country Coach, will provide in preparation for the ih Annual Big Shunga 8k Run/Walk on August 3, 2013 at Crestview/Big Shunga Park.

Donnie Palmer will design the course, recruit runners, work with the shirt design company, outline the course for the runners on August 2, set up the course equipment on August 3 and work with the Sunflower Striders on timing of all runners.

Topeka West High School and Shawnee County will split 50% of the revenues, after costs of shirts and medals are deducted. The revenue after these costs is anticipated to be $1800. Shawnee County will then share 50% or approximately $900 with Topeka West High School who will use the funds to purchase equipment for their fall cross country program.

JEK/gcl Attachment RL

SHAWNEE COUNTY CONTRACT NO. C ) G h -2013

lNDF,PENDENT CONTRACTOR AGREEMENT FOR SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COMl\USSIONERS OF THE

COUNTY OF SHAWNEF., KAi'ISAS (County) and Topeka West High School c/o Donnie Palmer (Contractor).

1. SERVICES TO BE PERFORl'VIED

Contractor agrees to perform the following services for County:

Contractor agrees to perform the follovving services for County:

Designing and marking the course, posting the course on the inte~net, assisting with promotion of the event, and serving as "Event Consultant".

This Agreement shall commence on August 1, 2013, and shall end on August 3, 2013, unless this Agreement is tenninated sooner or extended in accordance with its tenns.

2. PAYMENT

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

Task Duties Compensation ,,,

Event Consultant for Design Course, Mark Course, Post Course $50% ofNet Revenue

Big Shunga 8K Run Assist with promotions> Event Consultant Revenue Approx. $1200

• . dollars

Contractor shall be responsible tbr al.l expenses incurred while pcrfonning services under this Agreement. This includes equipment; supplies; telephone expenses; automobile and other travel expenses; meals and entc1tainment; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to complete the work under this Agreement.

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION . .

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

1

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

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

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

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

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

f. Contractor or Contractor's employees or contract personnel shall perform the services required by this Agreement and Contractor agrees to the faithful pe1fmmance and delivery of described services in accordance with the time frames contained herein; County shall not hire, supervise or pay any assistants to help Contractor.

g. Neither Contractor nor Contractor1s employees or contract personnel shall receive any training from County in the skills necessary to perfonn the services required by this Agreement.

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

Further, Contractor hereby certifies:

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

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

k. That Contractor understands that he/she is solely responsible, individually for all taxes and social security payments applicable to money received for services herein provided. Contractor understands that an IRS F om1 1099 will be filed by the County for all payments received.

4. INDEMNIFICATION AND HOLD HARMLESS

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

2

acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.

5. INSURANCE

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

6. OWNERSHIIJ Olr PRODUCTS/DOCUMENTS

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

1. TER.t\1INATION DUE TO LACK OF FUNDING APPROPR!ATION.

Shawnee Cotmty is subject to the Kansas Cash Basis Law, K.S.A. 1 0~1101 ct seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds arc not appropriated to continue the function pe1f01med 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 tem1ination 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.

8. ANTI-DISCRIMINATION CLAUSE.

The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 ct 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 11equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 I 031 and K.S.A. 44-lll6; (d) to include .those provisions in every subcontract or purchase order SQ that they arc binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas

3

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

9. ACCEPTANCE OF CONTRACT.

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

10. ARBITRATION, DAi\1AGES, vVARRANTIES.

, 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. Fm1her, 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.

ll. REPRESENTATIVE'S AUTHORITY TO CONTRI\CT.

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

12. TERl\1INATION OF AGREEMENT

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

13. MISCELLANEOUS PROVISIONS

a. This Agreement sha11 be entered into in Shawnee County, Kansas, and shall be constmed and interpreted according to the law of the State ofKansas.

b. All notices and other communications in connection with this Agreement shaH be in writing and shaH be considered' given 3 days after mailing in the United States mail, 1.1sing first class mail, postage prepaid, to the recipient's address as stated in this Agreement.

4

c. Contractor shall comply with all federal, state and local laws requiring business permits, certificates and licenses required to carry out the services to be perfonned·undcr tllis Agreement.

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

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

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

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

IN ·wiTNESS WHEREOF, County and Contractor have executed this Agreement.

ATTEST:

COUNTY BOARD OF COUNTY COlVIMISSIONERS SHA '\VNEE COUNTY, KANSAS

, Chair

Cynthia A. Beck, Shawnee County Clerk

5

Shawnee County

Office of County Counselor RICHARD V. ECKERT County Counselor

MEMORANDUM

TO:

FROM:

DATE:

RE:

Board of Shawnee County Commissioners

Richard V. Eckert, Shawnee County Counselor~ July 24, 2013

Resolution Rescinding Home Rule Resolution 93-1

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

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

Fax (785) 291-4902

Please place this item on the Monday, July 29,2013 Commission CONSENT agenda.

Home Rule Resolution 93-1 (copy attached) required private employers performing work on County construction projects to pay federal prevailing wages. HR 93-1 was rendered void and unenforceable by the Kansas Legislature's enactment of House Bi112069 (copy attached).

The attached resolution rescinds HR 93-1 in light of House Bi112069.

If you have any questions, please do not hesitate to contact me at ext. 4042.

Attachment

c: Tom Vlach, Director, Shawnee Public Works Department Cynthia Beck, Shawnee County Clerk

HOME RULE RESOLUTION NO. HR-2013- LJ

A RESOLUTION RESCINDING HOME RULE RESOLUTION No. HR-93-1

SPONSORED BY COMMISSIONER BUHLER

WHEREAS, House Bill 2069 enacted by the 2013 Kansas Legislature prohibits counties from using resolutions to require private employers to pay compensation or wages at a higher rate than the state or federal minimum wage, unless the higher compensation or wages are required by state or federal law; and

WHEREAS, Shawnee County Home Rule Resolution 93-1 requiring the payment of federal prevailing wages on all County construction projects was rendered void by the enactment ofHouse Bill2069.

NOW, THEREFORE, the Board of County Commissioners of the County of Shawnee, Kansas, meeting in regular session this day of July, 2013 and intending to exercise its powers ofhome rule pursuant to K.S.A. 19-101a, does hereby resolve as follows:

1. Shawnee County Home Rule Resolution 93-1 is hereby rescinded.

2. This Resolution shall take effect upon publication in the official County newspaper.

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Robert E. Archer, Vice-Chair

Kevin J. Cook, Member

Approved as to L~?;Ji~~ .. and Form: Date-

ASST. CO. COU~S"E~O!"f

.. -. -.· ~-'"':·: '· ........ ~- . . ~;.

- •j"' • •• ~-~~- ·' •

. :~.. . . .·

HOME RULE RESOLUTION NO. HR-93-1

;II? -4le /-;)/-q3

fL/IJ

BE IT RESOLVED by the Board of County Commissioners of

the County of Shawnee, Kansas, meeting in regular session on

this 6{/.5-1- day of J;inur9-l€t/ , 1993, and intending to ex

' ercise its home rule legislative powers pursuant to K.S.A.

19-lOla, as follows:

1. The term "construction" includes all types of work

done on a particular building or work at the site thereof, in

cluding without limitation, altering, remodeling, installation

on the site of the work of items fabricated off-site, painting

and decorating, the transporting of materials and supplies to

or from the building, or work by the employees of the con

struction contractor or construction subcontractor, and the

manufacturing or furnishing of materials, articles, supplies

or equipment on the site of the building or work by persons

employed by the contractor or sub.contractor.

2. On all Shawnee County construction projects as de-

fined above, the per diem wage rate and fringe benefits for

each class of labor employed by any contractor or subcontrac;.,,. \ ·,

tor shall be not less than the current rate of per diem wages

listed in the United states Department of Labor wage and

fringe benefit survey for Shawnee County as published in the

most current Federal Register.

3. Any resolution in conflict with this resolution is

hereby repealed.

1

: . ..-

......

· . ..,··· . . :· ..,.

. :::-:'·.'

4. This resolution shall take effect upon publication in

the official County·newspaper.

Meriiber

Approved As To Le alitt I Form

2

. ~·

. ~ .:

/ ,.·

HOUSE BILL No. 2069

AN Acr concerning employer leave policies for employees; declaring certain city ordinances and county resolutions to be against public policy.

Be it enacted by the Legislature of the State of Kansas: Section l. (a) No city, county or local government unit shall enact or

administer any ordinance, resolution or law which requires an employer to:

(1) Provide to such employer's employees any leave from work, either with or without pay, unless such leave is required by state or federal law;

(2) pay compensation to such employer's employees for any leave from work unless payment of compensation for such leave is required by state or federal law;

(3) pay compensation or wages at any rate higher than the minimum wage unless the payment of higher compensation or wages is required by state or federal law; or

(4) offer an employee benefit other than those required by state or federal law.

(b) Subsection (a) shall not impact, or apply to, requirements under state economic development incentive programs or city, county, local government or local economic development agency business attraction, retention or recruitment programs.

Sec. 2. (a) No city, county or local government unit shall enact or administer any ordinance, resolution or law that requires, nor shall any city, county or local government discriminate against, favor, prefer or base any ordinance, law, policy, economic development program, agreement, grant or incentive on, an employer providing or not providing:

( 1) Any leave from work, either with or \vithout pay, unless such leave is required by state or federal law;

(2) compensation for any leave from work, unless payment of compensation for such leave is required by state or federal law;

(3) compensation or wages at any rate higher than the minimum wage, unless the payment of higher compensation or wages is required by state or federal law; or

( 4) any employee benefit other than those required by state or federal law.

(b) Subsection (a) shall only apply to wages, compensation or benefits, or any combination thereof, paid or provided by a construction contractor or subcontractor performing construction or infrastructure work on a real estate construction or infrastructure project.

Sec. 3. The administration, enactment or enforcement of any city ordinance which conflicts with section lor 2, and amendments thereto, is hereby declared to be void and against the public policy of this state.

Sec. 4. The administration, enactment or enforcement of any county resolution which conflicts with section lor 2, and amendments thereto, is hereby declared to be void and against the public policy of this state.

S~c. 5. For the purposes of this act, unless the context otherwise requires:

(a) "Employee" means an individual employed in this state by an employer.

(b) (1) "Employer" means any individual, sole proprietorship, partnership, limited liability company, corporation or any other entity that is legally doing business in this state.

(2) "Employer" shall not include a public employer. (c) "Public employer" has the meaning specified in K.S.A. 75-4322,

and amendments thereto.

HOUSE BILL No. 2069-page 2

Sec. 6. This act shall take effect and be in force from and after its publication in the statute book.

I hereby certify that the above BILL originated in the HousE, and passed that body

HOUSE concurred in SENATE amendments-------------,...---

Speaker of the House.

Chief Clerk of the House.

Passed the SENATE as amended---------------

President of the Senate.

Secretanj of the Senate.

APPROVED--------------

Go~;ernor.

July 24, 2013

TO:

FROM:

RE:

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

Board of Commissioners Shawnee County ,

Alice Weingartner ~ I r Director, Community Health Center

Signature on agreement to participate in the development of an Accountable Care Organization with Community Health Center clinics in Kansas

Action Requested: Signature to participate in the development of an Accountable Care Organization (ACO) through the Kansas Primary Care Connection, Inc. (KPCC) with Community Health Center clinics in Kansas

The Affordable Care Act directs CMS to create the Medicare Shared Savings Program to make available financial incentives for providers to work collaboratively through accountable care organizations "to promote accountability for a patient population, coordinate items and services furnished to [Medicare beneficiaries], and encourage investment in infrastructure and redesigned care processes for high quality and efficient service delivery."

There is no cost for SCHA-CHC to participate in the ACO development and could have a positive impact on improving health care outcomes while reducing cost of health care. Another benefit of participation with ACO is that the quality measures being developed correlate with the measures being developed in the State of Kansas managed care agreements, so the technical assistance provided will also assist with meeting Medicaid contract requirements.

The Kansas Primary Care Connection, Inc. is an entity established to apply to CMS in hopes of accessing financial incentives for providers who participate in the ACO. The planned ACO will consist of a number of safety net clinics from across the State of Kansas as well as several members of the Kansas Academy of Family Physicians (KAFP).

An ACO is a distinct legal entity involving one or more Medicare-enrolled providers (referred to as ACO participants) "who agree to become accountable for the quality, cost, and overall care of the Medicare fee-for-service beneficiaries assigned to the ACO."

An application to participate must show how the ACO will perform four core functions: promote evidence-based medicine, report cost and quality metrics, promote patient engagement, and coordinate care. KPCC is developing the application on behalf of the ACO members. The performance measures that each member clinic will be held accountable to are linked very closely to existing measures. Any shared savings realized will be shared among the ACO participants.

Leading the way to a healthier Shawnee County

-[-'

KANSAS PRIMARY CARE CONNECTION FQHC PARTICIPATION AGREEMENT

THIS FQHC PARTICIPATION AGREEMENT (the "Agreement") is effective the day of , 2013 (the "Effective Date"), between and among Kansas

Primary Care Connection ("KPCC"), and ("FQHC").

WHEREAS, KPCC operates as a clinically integrated network ("CIN") whose participating health care providers ("CIN Members") have established and maintain a significant degree of interdependence and cooperation to provide high quality health care services in an efficient manner to improve the health status of their communities; and

WHEREAS, CIN Members intend to be accountable to each other and their communities by defining and enforcing clinical performance standards and coordinating and managing patient care; and

WHEREAS, KPCC intends to partK1pate in the Medicare Shared Savings Program ("MSSP) and negotiate and manage payer contract~ that promote and reward such collaboration among providers on behalf of CIN Memhcn~; an.d

WHEREAS, FQHC is a Federally Qualiiied Health Center that desires to become a CIN Member on the terms and conditions set forth herein; and

WHEREAS, KPCC desires to have FQHC as a CIN Member on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows:

i\rticle 1 - Definitions

1.1 Boardmeans KPCC's duly constituted governing body.

1.2 CIN Members means all persons and entities that have a current contractual commitment to participate in the CIN on terms approved by the Board contained in this Agreement.

1.3 MSSP Participantmeans an individual or group of providers/suppliers that is identified by a Medicare-enrolled Taxpayer Identification Number ("TIN") that alone, or together with one or more other MSSP Participants, comprises an MSSP Accountable Care Organization as defined at 42 CFR § 425.20.

1.4 Payer Contract means any agreement KPCC has negotiated and entered into on behalf of CIN Members with a federal health care program (including, but not limited to, the Medicare Shared Savings Program); state or local health care program; or insurance company, health plan, employer, or other third-party payer ("Payers") relating to payment for health care goods and services coordinated and/ or furnished by CIN Members.

1

1.5 Policy means each and every standard, regulation, policy, procedure, protoco~ practice, program, plan, process, and/ or guideline approved by the Board and set forth in writing and made available to FQHC. Unless specifically provided otherwise by the Board with respect to a specific Policy, each and every Board-approved Policy or amendment to a previously approved Policy shall become effective upon KPCC's delivery of electronic notice to FQHC's designated representative and shall remain in effect until the Board takes action to revise or rescind the Policy.

1.6 Technology Solutions means those solutions approved by the Board for use by CIN Members for purposes of data analysis, data reporting, and electronic health information · exchange between and among KPCC, CIN Members, Payers, and other properly authorized persons or entities.

Article 2 - Duties of FQHC

2.1 Agreement of Providers. FQHC, on behalf of itself and those physicians and/ or mid-level practitioners who furnish professional services for FQHC's patients ("Providers"), as those Providers' duly authorized agent, assumes and accepts the duties of a CIN Member as set forth herein. Each and every Provider individually assumes and accepts the same dl;lties as FQHC as evidenced by his or her signature on the Joinder Agreement attached hereto as Exhibit A.

2.2 CIN Participation. -FQBC shall participate in the CIN on the terms and conditions contained in this Agreement. FQHC shall comply fully and appropriately utilize Technology Solutions during the term of this Agreement and actively participate in CIN operations including, but not limited to, service on CIN committees. FQHC authorizes KPCC to identify FQHC as a CIN Member to Payers and other third parties.

2.3 Provider Credentialing. FQHC shall deliver to KPCC in a timely manner any and all information requested by KPCC for application, credentialing, and re-credentialing purposes. FQHC warrants the accuracy and completeness of all such information upon submission to KPCC. FQHC shall promptly notify KPCC if FQHC learns any such information previously submitted to KPCC was not accurate or complete at the time of submission or requires updating due to a change in circumstances.

2.4 Payer Contracts.

(a) With the exception of the MSSP, each Payer Contract approved by the Board (including any substantial modification and/ or renewal of a Payer Contract previously approved by the Board) shall be presented to FQHC, along with all relevant documentation and information, to allow FQHC to evaluate its capacity and capability to perform its duties and responsibilities under the Payer Contract. FQHC may opt out of a particular Payer Contract (or renewal thereof) by providing KPCC a written notice within ten (10) days' notice of the Board's approval of that Payer Contract. If FQHC has not provided such notice within such ten (10)-day period, FQHC will be deemed to be bound to that Payer Contract as presented.

2

(b) FQHC shall adhere to the applicable terms and conditions of each and every Payer Contract for which FQHC has not opted out. FQHC shall execute and return in a timely manner any and all documents presented by KPCC necessary for participation in a Payer Contract. To the extent FQHC has any question or concern regarding

·any term or provision of a Payer Contract, FQHC shall consult with KPCC regarding such provision.

(c) FQHC acknowledges that:

(i) I<PCC does not guarantee KPCC will enter into any Payer Contract in which FQHC will be eligible to participate.

(:ii) KPCC shall not be liable to FQHC or any Provider for a Payer's performance or non-performance of a Payer Contract.

(iii) I<PCC's duty to make payment to FQHC and/or Providers under any Payer Contract shall be contingent on I<PCC's prior receipt of payment from the Payer.

2.6 General Obligations. FQHC shall comply, and assure all its Providers comply, with all Policies duly adopted by I<PCC, including, but not limited to, KPCC's corporate compliance program and anti-fraud initiatives; I<PCC's conflict of interest policy; and any MSSP requirements which are applicable to "Other Entities" performing functions or services related to MSSP ACO activities undertaken by the CIN as contemplated in 42 CFR Part 425.

2.7 MSSP.

If and when KPCC applies for and is accepted for participation in the MSSP and enters into an MSSP Agreement with the Centers for Medicare and Medicaid Services ("CMS"), FQHC, if it qualifies as an MSSP Participant, agrees to the following, in addition to the General Obligations as stated in Section 2.6 above:

(a) FQHC shall be an "ACO Participant" as that term is defined by 42 CFR 425.20. FQHC shall not be an ACO Participant with any other entity participating in the MSSP.

(b) FQHC shall comply with, and shall ensure each Provider complies with, the terms of the MSSP Agreement and each and every applicable regulatory requirement relating to the MSSP found at 42 CFR Part 425 including related guidance published by responsible federal agencies.

2.8. Technology. FQHC shall, at FQHC's own expense, maintain high-speed internet connectivity available for use by each Provider. FQHC shall (a) allocate sufficient time and resources for the proper installation of and training for each Technology Solution; and (b) adhere to all applicable terms of any agreement between I<PCC and any supplier of a Technology Solution.

2.9 Monitoring. FQHC acknowledges KPCC may assume certain duties and obligations under one or more Payer Contracts, including, but not limited to, the MSSP Agreement. Upon

3

request, FQHC shall make available to KPCC any documentation or data, perform any specified administrative task, or provide any written certification KPCC deems necessary for KPCC to perform such duties and obligations. Additionally, FQHC shall cooperate fully with KPCC's monitoring of FQHC's compliance with this Agreement and with the Policies (including, but not limited to, KPCC's quality assurance and quality improvement program, evidence-based clinical guidelines, and patient-centeredness processes) in any manner KPCC determines necessary and appropriate.

2.10 FQHC Representations. FQHC represents and warrants the following statements now are true and shall remain true during the term of this Agreement:

(a) FQHC is authorized to act on behalf of its Providers, including assumption of contractual duties and obligations to be performed by Providers;

(b) FQHC and each of its Providers are Medicare participating providers ID good standing;

(c) Each Provider has an unrestricted active license to practice as a health care professional in the State of Kansas;

(d) Neither FQHC nor any Provider is excluded, debarred, proposed for debarment, declared ineligible, or suspended from participation in any government health care program;

(e) Neither FQHC nor any Provider employs, obtains services from, or contracts with any person or entity that is excluded, debarred, proposed for debarment, declared ineligible, or suspended from participation in any government health care program; and

(f) FQHC and its Providers remain in compliance with all applicable federal and state laws, regulations, rules, and CMS instructions and guidance including, but not limited to (i) federal and state antitrust laws; (ii) the federal False Claims Act (31 USC 3729 et seq.); (iii) the federal Anti-Kickback Statute (42 USC 1320a-7b(b)); (iv) the civil monetary penalties law (42 USC 1320a-7a); and (v) the physician self-referral law (42 USC 139Snn).

2.11 Notices to KPCC. Upon execution of this Agreement, FQHC shall deliver written notice to KPCC designating FQHC's contact person for all matters relating to this Agreement. FQHC shall deliver written notice to KPCC of any change in FQHC's address(es), telephone number(s), business hours, TIN, or contact person within three (3) business days of the effective date of such change.

2.12 Billing and Collection. Except as specifically provided otherwise in a Policy, FQHC shall remain solely responsible for billing and collection for goods and services furnished to any patient by a Provider in compliance with all applicable regulatory and contractual requirements.

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2.13 Physician-Patient Relationship. Notwithstanding any provision of this Agreement or any Policy, a Provider shall retain sole responsibility for medical decision-making with regard to a specific patient. Nothing in this Agreement nor any Policy shall be interpreted to supplant, interfere with, or impose restrictions on the traditional physician-patient relationship. No Policy shall substitute for or take precedence over any Provider's duty to render care within the standard of care and all applicable legal duties and regulatory requirements.

2.14 Referrals. FQHC and its Providers shall use best efforts to refer patients to other CIN Members in accordance with the voluntary referral policies established by KPCC. Notwithstanding the foregoing, no party shall require that any Medicare beneficiary be referred only to a CIN Member or related person or entity except as permitted by 42 C.F.R. 425.304(c)(2).

2.15. Prohibited Inducements. Under no circumstances shall FQHC offer or accept, directly or indirectly, any form of inducement to reduce or limit the provision of medically necessary goods or services for a patient. FQHC acknowledges any provision for performance-based payment, shared savings distribution, or similar arrangement is intended solely to encourage FQHC to adhere to KPCC policies and actively participate in I<PCC's quality assurance and quality improvement program and care coordination activities.

Article 3- KPCC Duties

3.1 CIN Infrastructure. I<PCC shall develop and maintain within its available resources an adequate and appropriate infrastructure to facilitate the CIN's processes as defined in the Policies.

3.2 Business Associate. KPCC shall adhere to the terms of the HIP AA Business Associate Agreement included as Attachment B.

3.3 Payer Contracts.

(a) KPCC shall make reasonable efforts to negotiate, enter into, and present to CIN Members for their consideration Payer Contracts on terms generally acceptable to CIN Members. In negotiating Payer Contracts (including any renewal or amendment of an existing Payer Contract), KPCC shall not have the apparent or actual authority to bind any CIN Member to any contractual obligation prior to the presentation and opportunity to opt out specified in Section 2.4 above. Each Payer Contract and each amendment to an existing Payer Contract shall be subject to the prior approval of the Board. To the fullest extent possible, I<PCC shall not agree to a term in any Payer Contract that places one category of CIN Member at a significant disadvantage as compared to another category of CIN Member.

(b) KPCC shall compile and submit CIN Member performance data as required under any Payer Contract, subject to FQHC making available relevant information in a timely manner.

(c) KPCC shall distribute any and all revenue received by KPCC under any Payer Contract only in a manner approved by the Board.

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(d) In negotlatmg and contracting with Payers and in the performance of Payer Contracts, KPCC shall make best efforts not to engage in any conduct that may potentially violate state and federal antitrust laws. KPCC shall not condone, encourage, or facilitate any form of anticompetitive behavior on the part of any CIN Member.

3.4 Non-Compliance. As appropriate, KPCC shall take steps to address non-compliance by FQHC and/ or Providers with the requirements of this Agreement and Policies, including adherence to the quality assurance and improvement program and evidence-based clinical guidelines. Such steps may include program implementation assistance, education, and mentoring to the FQHC and/or Providers. FQHC shall work in good faith with KPCC to improve performance and to identify and correct any areas of non-compliance. FQHC acknowledges, however, that, if any Provider does not adhere to the quality assurance and improvement program, the evidence-based clinical guidelines, or the patient-centeredness processes, or is deficient in meeting specified quality performance standards, KPCC shall use progressive remedial processes and sanctions to improve compliance and performance. Such measures may include adoption and implementation of corrective action plans, the assessment of sanctions, the loss of the ability to receive shared savings, and expulsion.

3.5 KPCC Representations. IZPCC represents and warrants the following statements now are true and shall remain true during the term of this Agreement:

(a) IZPCC has not been excluded, debarred, proposed for debarment, declared ineligible, or suspended from participation in any government health care program;

(b) KPCC does not employ, obtain services from, or contract with any person or entity that is excluded, debarred, proposed for debarment, declared ineligible, or suspended from participation in any government health care program;

(c) IZPCC remains in compliance with all applicable federal and state laws, regulations, rules, and CMS instructions and guidance including, but not limited to (i) federal and state antitrust laws; and (ii) the federal False Claims Act (31 USC 3729 et seq.).

(d) IZPCC maintains an effective corporate compliance program designed and operated in a manner consistent with the Federal Sentencing Guidelines for Organizations and related guidance issued by the Department of Health and Human Services Office of Inspector General.

Article 4 - Term and Termination

4.1 Term. The term of the Agreement shall commence on the date first noted above and continue until December 31, 2016, unless otherwise terminated in accordance with Section 4.2 below. Upon expiration of the initial term, this Agreement shall automatically renew for successive three (3)-year terms unless otherwise terminated as provided in this Agreement.

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4.2 Termination.

(a) Either Party may terminate this Agreement without cause upon written notice to the other Party at least ninety (90) days prior to the end of each calendar year. Said termination shall be effective as of the last day of that calendar year.

(b) Either KPCC or FQHC may terminate this Agreement immediately if a party commits an act of bankruptcy within the meaning of the bankruptcy, receivership, insolvency, reorganization, dissolution, or liquidation or other similar proceedings under either state or federal laws.

(c) Either party may terminate this Agreement upon written notice if the other party fails to cure a material breach of this Agreement within thirty (30) days of written notice of such breach.

Article 5 - General

5.1 Dispute Resolution. In the event of any dispute under this Agreement, the parties initially shall attempt to resolve the dispute informally by meeting as often as necessary during a thirty (30)-day period. If a good-faith effort to resolve the dispute has not produced a mutually agreeable resolution during the thirty (30)-day period, the parties may mutually agree to extend the time period in which to settle their dispute, and, if no such extension is agreed upon, either party may pursue its rights in a judicial proceeding.

5.2 Confidentiality. Neither KPCC nor FQHC shall disclose to any unauthorized third party any confidential and proprietary information collected or exchanged pursuant to this Agreement or any Policy ("Confidential Information"), unless such disclosure is (a) required by law; (b) authorized in writing by the other party; (c) disclosed to other CIN Members solely for the purpose of evaluating and/ or improving clinical quality and efficiency pursuant to Policies; or (d) made to a party's directors, managers, officers, employees, consultants, advisors, affiliates, counsel, and accountants ("Agents") on an asneeded basis, but only if such Agent has agreed in writing to maintain confidentiality of such information. Any disclosure on the part of one party to the other party pursuant to this Agreement shall not constitute a transfer, assignment, or license of the same, and such information shall remain the sole and exclusive property of the disclosing party.

5.3 Third-Party Beneficiaries. This Agreement is entered into by and between KPCC and FQHC and Providers for their respective benefit. Except as specifically provided herein, no third party shall have any right to enforce any right or enjoy any benefit created or established under this Agreement. The Parties acknowledge that, with respect to KPCC's participation in the MSSP, CMS shall be deemed to be a third-party beneficiary to this Agreement.

5.4 Waiver. No waiver may be deemed to have been made unless made expressly in writing and signed by the waiving party. The waiving by either party of a breach of violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision hereof. No failure by either party to insist upon the strict performance of any provision of this Agreement may be construed as

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depriving that party of the right to insist on strict performance of that provision or of any other provision in the future.

5.5 Independent Contractor Relationship. This Agreement is not intended to create nor shall be construed to create any relationship between KPCC and FQHC and any Provider other than that of independent entities contracting for the purpose of effecting provisions of this Agreement.

5.6 Entire Agreement. This Agreement, including all exhibits and attachments hereto, constitutes the entire agreement of the Parties hereto with respect to the subject matter hereof and supersedes any prior or contemporaneous oral and written understandings or agreements.

5.7 Jurisdiction. This Agreement and any claim of any kind under any theory of law will be governed by and construed in accordance with the laws of the State of Kansas, including all matters of construction, validity, performance, and enforcement and without giving effect to contrary principles of conflict of laws.

5.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Signatures to this Agreement that are distributed to the parties via facsimile or other electronic means (including PDF) shall have the same effect as if distributed in original form to all Parties.

5.9 Severability. Each provision of this Agreement is intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement.

5.10 Notices. Any notices required by this Agreement, from one party to the other, shall be delivered in person, sent by e-mail message to the party's address indicated below, or sent by first-class mail, postage prepaid, to the party's address indicated below.

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FQHC

By: ____________________ _

Name:------------------

Title:------------------

Tax Identification No.:

KPCC

KANSAS PRIMARY CARE CONNECTION

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

Name:----------------------

Title:------------------------

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

Address for Notices: Address for Notices:

E-Mail: ______________________ _ E-Mail: ______________________ _

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ATTACHMENT A

JOINDER AGREEMENT

Each undersigned individual ("Provider") hereby acknowledges, agrees, and confirms that, by execution of this Joinder Agreement, Provider shall be bound to perform those duties and obligations assumed by FQHC on Provider's behalf under the terms of the Agreement. Specifically, Provider agrees that should KPCC participate in the MSSP, Provider shall comply with all requirements of 42 CFR Part 425.

PrintName: ______________________ __

National Provider Identifier: ______ _

Primary Specialty: ----------

PrintName: ______________________ _

National Provider Identifier: ______ _

Primary Specialty: -----------

Print Name: -----------------------National Provider Identifier: ______ _

PrimarySpecialty: ---------------

PrintName: ______________________ __

National Provider Identifier: _____ _

PrimarySpecialty: ---------------

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ATTACHMENT B

HIPAA BUSINESS ASSOCIATE AGREEMENT

THIS HIPAA BUSINESS ASSOCIATE AGREEMENT (''BAA") amends and is incorporated into the Kansas Primary Care Connection Participation Agreement ("Agreement") by and between ------------~------- ("Covered Entity") and Kansas Primary Care Connection ("Business Associate"), for purposes of compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIP AA"), the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) ("ARRA"), and their implementing regulations set forth at 45 CFR Parts 160 and 164, as amended (the "HIPAA Rules").

The following terms used in this BAA shall have the same meaning as those terms in the HIP AA Rules: breach, data aggregation, designated record set, disclose and disclosure, health care operations, individual, minimum necessary, Notice of Privacy FQHCs, protected health information (referred to herein as "PHI"), required by law, secretary, security incident, subcontractor, unsecured

PHI, and use.

1. Duties of Business Associate. Business Associate agrees to:

1.1 Use or disclose PHI received from or on behalf of Covered Entity for the following purposes only:

(a) to perform those services specified in the Agreement, provided such use or disclosure is done in a manner that would not violate Subpart E of 45 CFR 164 if done by Covered Entity;

(b) to make a disclosure required by law; and

(c) for the proper management and administration of Business Associate or to carry out Business Associate's legal responsibilities.

1.2 Make uses and disclosures and requests for PHI consistent with Covered Entity's minimum necessary policies and procedures.

1.3 Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for herein;

1.4 Report to Covered Entity any use or disclosure of PHI not provided for herein of which Business Associate becomes aware, including breaches of unsecured PHI as required at 45 CFR 164.410, and any security incident of which Business Associate

becomes aware;

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1.5 In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of Business Associate agree to the same restrictions, conditions, and requirements that apply to Business Associate with respect to such information;

1.6 Make available PHI in a designated record set to Covered Entity as necessary to satisfy Covered Entity's obligations under 45 CFR 164.524;

1.7 Make any amendment(s) to PHI in a designated record set as directed or agreed to by Covered Entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Covered Entity's obligations under 45 CFR 164.526;

1.8 Maintain and make available the information required to provide an accounting of disclosures to Covered Entity as necessary to satisfy Covered Entity's obligations under 45 CFR 164.528;

1.9 To the extent Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligation(s); and

1.10 Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIP AA Rules.

2. Notice to Business Associate Regarding Privacy FQHCs and Restrictions

2.1 Covered Entity shall notify Business Associate of any limitation(s) in Covered Entity's Notice of Privacy FQHCs under 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of PHI.

2.2 Covered Entity shall notify Business Associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her PHI, to the extent that such changes may affect Business Associate's use or disclosure of PHI.

2.3 Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI.

3. Permissible Requests by Covered Entity

3.1 Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done -by Covered Entity.

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4. Term and Termination

4.1 The term of this BAA shall be the same as the term of the parties' Agreement, except Covered Entity may terminate this BAA for cause as authorized in Section 4.2

4.2 Business Associate authorizes termination of this BAA by Covered Entity, if Covered Entity determines Business Associate has violated a material term of the BAA and Business Associate has not cured the breach or ended the violation within the time specified by Covered Entity.

4.3 Upon termination of this BAA for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall:

(a) Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities;

(b) Return to Covered Entity (or, if agreed to by Covered Entity at the time, destroy) the remaining PHI that the Business Associate still maintains in any form;

(c) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate retains the PHI;

(d) Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out at above which applied prior to termination; and

(e) Return to Covered Entity (or, if agreed to by Covered Entity at the time, destroy) the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.

The obligations of Business Associate under this Section 4.3 shall sutv1ve the termination of this BAA.

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5. Miscellaneous

5.1 A reference in this BAA to a section in the HIP AA Rules means the section as in effect or as amended. The parties agree to take such action as is necessary to amend this BAA from time to time as is necessary for compliance with the requirements of the HIP AA Rules and any other applicable law. Any ambiguity in this BAA shall be interpreted to permit compliance with the HIP AA Rules.

5.2 Nothing in this BAA shall be construed to create any rights or remedies in any third parties or any agency relationship between the parties.

5.3 The terms and conditions of this BAA override and control any conflicting term or condition of the Agreement All non-conflicting terms and conditions of the Agreement remain in full force and effect.

COVERED ENTITY: BUSINESS ASSOCIATE:

By: By: (Signature) (Signature)

Name: Name: (Please Print) (Please Print)

Tide: Tide: (Please Print) (Please Print)

Date: Date:

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