BOARD OF COUNTY COMMISSIONERS AGENDA ......2013/07/11 · Stephanie Worthington of Mayer, Hoffman. McCann -CBIZ Rick Felsburg of WIBW-TV13 Ken McDonald, MT AA Director of Maintenance

BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, JULY 11,2013,9:00 A.M.

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

1. Presentation regarding renaming of streets at the Topeka Regional Airport and Business CenterEric Johnson, MT AA.

II. UNFINISHED BUSINESS

1. Consider approval of request to create a new position, GIS/Cadastral Technician, at a salary of $15.02 per hour, and abolish the vacant Cadastral Mapping Specialist position.

III. CONSENT AGENDA

I. Consider approval of emergency vehicle permits for Brian Dodds, Shawnee Heights, for fire and EMS response and Kitch Towing and Recovery LLC for motorcycle recovery-Emergency Management.

2. Consider acceptance ofthe June 2013 bank reconciliation report-Treasurer.

3. Consider acceptance of easements that have been donated for construction of the NW Button Road between NW 25th Street and NW Old Indianola Road drainage project-Public Works/Solid Waste.

4. Consider acceptance of easements and authorization to pay the property owners the agreed settlement amounts for the NW 46th Street over Tributary to Cross Creek project-Public Works/Solid Waste.

5. Consider authorization and execution of Contract C333-2013 with the Kansas Association for the Medically Underserved (KAMU) for grant funding in an amount of $20,000 from Kansas Health Foundation-Health Agency.

6. Consider authorization and execution of Contract C334-2013 with Jarrod Guth for music entertainment to be provided during the Summer Sunset Concert at Old Prairie Town on July 27th, 2013 at a rate of$100.00-Parks and Recreation.

7. Consider authorization and execution of Contract C335-2013 with Dan Rukes for music entertainment to be provided during the Summer Sunset Concert at Old Prairie Town on July 27, 2013 at a cost of$100.00-Parks and Recreation.

8. Consider authorization and execution of Contract C336-2013 with Wyndi Senogles for music entertainment to be provided during the Summer Sunset Concert at Old Prairie Town on July 27, 2013 at a cost of$100.00-Parks and Recreation.

9. Consider authorization and execution of Contract C337-2013, settlement in Case No. 09-C-1196 for $70,000.00-County Counselor.

10. Consider authorization and execution of Contract C338-2013 with Century United Companies, Inc. for lease of a copier in an amount of $2,081.50-County Clerk.

11. Acknowledge receipt of the 2014 Benefit Cost Unemployment Rate Notice of0.35 percent from the Kansas Dept. of Labor-County Clerk.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. COUNTY TREASURER- Larry Mah

1. Consider approval ofReso1ution No. 2013-59 authorizing the Treasurer to cancel and reissue a check to Terry A. Webb-Commissioner Buhler.

C. AUDIT FINANCE- Betty Greiner

1. Consider approval of Resolution Nos. 2013-60 through 2013-68 authorizing the issuance of Shawnee County credit cards for official business for nine employees of the Health AgencyCommissioner Buhler.

D. HEALTH AGENCY- Alice Weingartner/Allison Alejos

1. Consider authorization and execution of Contract C339-2013 with the Kansas Dept. of Health and Environment for grant funding in an amount of$36,795.00 to be received by the Northeast Comer Regionalization Initiative to enhance regional preparedness capabilities for addressing public health and bioterrorism events in Kansas.

2. Consider authorization and execution of Contract C340-2013 with the Kansas Dept. of Health and Environment for grant funding in an amount of$120,438.00 to be received by Shawnee County Health Agency to be used to continue to enhance the local preparedness capabilities for addressing public health and bioterrorism events in Kansas.

E. PARKS AND RECREATION -John Knight

1. Consider authorization and execution of Contract C341-2013, a partnership with the Kansas Turnpike Authority to include an AASHTO compliant section of trail during the replacement of the Wittenberg Bridge at an estimated cost to Shawnee County of$450,700.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

BUDGET HEARINGS

THURSDAY, JULY 11:

10:30 1:00 2:00

DISTRICT COURT INFORMATION TECHNOLOGY APPRAISER

Rezac, Jane

From: Sent:

Eric Johnson [[email protected]] Monday, July 01,2013 4:43PM

To: Rezac, Jane Subject: Attachments:

MTAA Request 4 Agenda 5-21-2013.docx; 8 Street Names and Building Addresses.docx; 05-21-2013 MTAA Board Minutes.pdf

Ms. Rezac,

Earlier this year, as part of a larger re-branding effort, we started a project that will ultimately rename the streets at the Topeka Regional Airport and Business Center and assign addresses for individual buildings. The airport and business center was formerly known as Forbes Field Airport and the Topeka Air Industrial Park The entire property, consisting of

more than 90 buildings and facilities, used an unofficial address of 6700 SW Topeka Boulevard.

We worked with Barry Beagle, Anna Ortega, and Nick Callaghan, all from SNCO Planning and Mapping. While it was understood this did not need to be coordinated with Shawnee County, it is our desire to better associate the airport and

surrounding property with the county we serve.

Attached are the MTAA Board Meeting Agenda, Agenda Item #8 memo to the Board and the MTAA Board Meeting

minutes. Agenda Item #8 identifies our request and the action taken by the Board.

I would appreciate an opportunity to present this information to the Board of County Commissioners and answer any questions they may have regarding our efforts to re-name our streets and assign building addresses to our properties.

Please contact me if you have any questions or require additional information.

Thank you,

Eric

Eric M. Johnson President/Director of Airports Metropolitan Topeka Airport Authority Forbes Field, Bldg. 620 P.O. Box 19053 Topeka, Kansas 66619 (785) 862-2362

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MTAA METROPOLITAN TOPEKA AIRPORT AUTHORITY

TOPEKA REGIONAL I BILLARD AIRPORT AIRPORT & BUSINESS CENTER

Tuesday, May 21, 2013

Work Session - Budget 2:30 PM MTAA Board Meeting 3:00PM

Topeka Regional Airport, MTAA Administrative Office Building #620, Board Room

Board of Directors

Addressing the MTAA Board: No person shall address the Board during a Board Meeting, unless they have notified the MTAA Administration Office by 2:00 P.M. on the day of any Board Meeting of their desire to speak on a specific matter on the published meeting agenda or during the public comment portion of the Board Meeting. This limitation shall not apply to items added during the course of a meeting. The Board does not take action with respect to any subject not on the agenda unless added to the agenda by a vote of the Board. Persons addressing the Board will be limited to four (4) minutes of public address on a particular agenda item. Debate, question/answer dialogue or discussion between Board members will not be counted towards the four (4) minute time limitation. The Chair may extend time with the unanimous consent of the Board or the Board by affirmative vote may extend the four (4) minute limitation. Persons will be limited to addressing the Board one (1) time on a particular matter unless otherwise allowed by an affirmative vote of the Board. Citizens wishing to offer Public Comment may sign up by phoning the MTAA Administration office at 862-2362. The Board may waive prior notice by majority vote. To make arrangements for special accommodations please call (785) 862-2362. A 48-hour advance notice is preferred. Agendas are available on Thursday afternoon prior to the regularly scheduled Board meetings at the MTAA Administration Office. Topeka Regional Airport and Business Center, Building 620, Topeka. KS 66619.

1. Inquire if Notification was given to all Requesting Notification of MT AA Board Meetings.

2. Approve Minutes of the MTAA 's Regularly Scheduled Board Meeting. April 16, 2013.

3. Public Comment.

4. Adopt Agenda.

5. Presentation of 2012 Audit Report by CBIZ MHM. LLC. (Board Action Required)

6. Consider Quote for the Roof Replacement at Building #384. (Board Action Required)

7. Consider Quote for the Purchase of Carpet Tiles to Complete the Baggage Claim and Sterile Area in the Terminal Building. (Board Action Required)

8. Consider Street Names and Addresses for Building located at the Topeka Regional Airport and Business Center. (Board Action Required)

9. Consider Contract with Brown Tree Service for the Removal of Trees adjacent to Billard Airport. (Board Action Required)

10. Consider Proposals for the Lease of Hangar #7 at Billard Airport. (Board Action Required)

11. Monthly Reports: a. Intergovernmental Cooperation Council - Eric Johnson b. Aviation-Related Issues & Air Service- Eric Johnson c. Economic Development- Eric Johnson d. Monthly Financial Reports- Cheryl Trobough

12. Executive Session.

Metropolitan Topeka Airport Authority Topeka Regional Airport & Business Center, Bldg. 620

PO Box 19053, Topeka, KS 666 19 Phone:: 785.862.2362 1 Fax:: 785.862.1830

mtaa-topeka.org

Office of:

To:

From:

Subject:

President

Board of Directors

Eric M. Johnson

METROPOLITAN TOPEKA AIRPORT AUTHORITY

TOPEKA REGIONAL I BILLARD AIRPORT AIRPORT & BUSINESS CENTER

Consider Street Names and Addresses for Building located at the Topeka Regional Airport and Business Center. (Board Action Required)

Date: May 10, 2013

For quite some time, we have discussed the possibility of renaming our streets and assigning addresses to all building located at the Topeka Regional Airport and Business Center. Working with MB Piland, we developed a list of Kansas Aviators to use as a basis for naming the streets. We coordinated this project with Shawnee County Planning to incorporate these changes into their geographic information system.

I recommend the Board approve the name changes and assigned addresses for MT AA

property.

We estimate a cost of approximately $4,000.00 to replace the street signs in the Business Center. This amount is less than the limit required for Board approval, but I request that the Board authorize the purchase of the required street signs. Upon delivery of the signs, the Maintenance Department will begin the installation throughout the complex.

Agenda Item 8 Page 1 of 1

METROPOLITAN TOPEKA AIRPORT AUTHORITY .... -···· ................ ···-~ ---

TOPEKA REGIONAL ! BILLARD AIRPORT Ai~PO~T & BUSINESS C!:'NToR

Board of Directors

Draft #1 of the 2014 Budget was presented. There was discussion regarding the increased mil levy on this draf1 due to the inclusion of the "banking" of funds for the multi-year AlP project on the Runway 13-31 reconstruction. However, staff did not include any expense for the possible funding of the Air Traffic Control Towers at both airports. Next month's draft is expected to contain more definitive figures.

Vice-Chairman Greg lnkmann brought the regular monthly meeting of the MT AA Board of Directors to order at 3:00PM. with the following Board members present: Sam Carkhuff. David Boyer and Rich Davis. Mike Wilson was out-of-town. Also in attendance were:

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Joy Freund of Parsons Brinckerhoff Jennifer Kuchinski of Parsons Brinckerhoff Aly VanDyke of Topeka Capital-Journal Steve Spade of A-Lert Roof Systems Ron Nordt of Kansas Air Center Topeka. Inc. Walt Frederick of Million Air-Topeka Morgan Padgett of Mayer, Hoffman, McCann- CBIZ Laura Hartley of Mayer. Hoffman, McCann - CBIZ Stephanie Worthington of Mayer, Hoffman. McCann - CBIZ Rick Felsburg of WIBW-TV13 Ken McDonald, MT AA Director of Maintenance Col. James Gardner. MTAA Chief of Police & Fire Capt. Tim Cochran, MTAA Police & Fire Rita Eggenberger. MT AA Operations Brandon Keazer. MTAA Operations Randy Forbes of Frieden, Unrein & Forbes. LP - Legal Counsel to the Board

Other staff members present were Eric Johnson, Cheryl Trobaugh and Juanita States.

Vice-Chairman lnkmann asked if everyone who requested notification had been notified of this meeting. Ms. Trobough replied that notifications were sent.

tf'it.rt~~l~~gJ.?(9y~,fMto'w~~l:~:tm~':M:tt\~t$J'Rls.ti(qr!¥t~~~g'a.r!Iti,<{~~:a:atijiMfi:~tln§~:l\J5Ht(f~'~~o:1ta~~~~J~~,~,; Vice-Chairman lnkrnonn asked the Board to review the Minutes of the regularly scheduled Board meeting held April 16, 2013. He asked if there were any additions, corrections or comments to the Minutes. Mr. Davis moved to approve the Minutes of the regularly scheduled Board meeting held April 16, 2013 as presented. Mr. Carkhuff seconded the motion. Motion carried.

Vice-Chairman lnkrnann inquired if there was anyone registered to speak during Public Comment. Mr. Johnson replied that there was not.

Metropolitan Topeka Airport Authority Topeka Regional Airport & Business Center. Bldg. 620

PO Box 19053. Topeka, KS 66619 Phone :: 785.862.2362 1 Fax :: 785.862.1830

mlao-lopeko.org

Page 2 of 7 1

Vice-Chairman lnkmann asked the Board to review the Agenda as published, and if there were any additions or corrections. Mr. Carkhuff moved to adopt the Agenda as presented. Mr. Boyer seconded the motion. Motion carried.

ft~m:~~~~J~n1~H:&n~~t:~o~A~qg«;t'JP'~i:SYigiJt2MR'M/!C~o~li991a1~amR~'au&ia1~,.'~;fi:!~f~c:~:~0fl~~l~~* Vice-Chairman lnkmann welcomed Morgan Padgett of CBIZ-MHM. LLC. who, in conjunction with Laura Hartley and Stephanie Worthington of CBIZ-MHM. LLC. presented the 2012 Audit Report by providing the following report:

• Ms. Worthington referred to Page 1 of the report which is the Independent Auditors' Report. The auditors' responsibility is to express an opinion on the financial statements. It is their opinion that the financial statements present fairly, in all material respects, the financial position of the business-type activities of MT AA as ot December 31 , 2012 and 20 11, and the changes in its net position and its cash flows for the years then ended in accordance with accounting principles generally accepted in the United States. This is known as an "unqualified opinion" or "clean opinion." Page 2 states that their audit included the required A-133 Audit of the federal grant program, and in their opinion that the information is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole.

• Pages 3 through 6 are Management's Discussion and Analysis which is information compiled by MT AA management. This is a requirement of the Government Auditing Standards, and although this information is not audited, the figures provided are reviewed for accuracy as they relate to the Financial Statements.

• Ms. Worthington referred to Pages 7, 8 and 9 reporting that the 2012 audited figures are very comparable to the 2011 figures.

• Ms. Worthington referred to the financial statement footnotes beginning on Page 1 0, drawing attention to:

o Footnote (2) on Page 13 which reports the total amount of funds on deposit to be $2.2 million and the security of these deposits to be covered by FDIC insurance of $611 ,537 with the remaining $1.6 million is collateralized by pledged securities, resulting in the bank balances being fully secured for 20 12;

0 Footnote (7) on Page 17 which reports Concentrations indicates that one customer accounted for 1 0% of operating revenues, one major customer accounted for 70% of net accounts receivable, and one vendor accounted for 20% of the total purchases for 2012;

• Page 20 begins the Supplementary Information with the first schedule being the Schedule of Revenues and Expenditures - Budget and Actual. Total revenue shows to be $5 million with the budgeted figure of $3.9 million resulting in a favorable variance of $1.1 million. Total expenses show to be $5.1 million with the budgeted figure of $5.6 million resulting in a favorable variance of $442,000.

• Pages 21 and 22 show the detail schedules of revenues and expenses. Ms. Worthington indicated the 2012 figures ore very comparable to the 2011 figures.

• Ms. Hartley explained the A-133 audit is required because of the MT AA received Federal Grant Revenue in excess of $300,000 and is also the recipient of Passenger Facility Charges. Reference was made to Page 23

Page 3 of 7 May 21, 2013

which reports the Passenger Facility Charges Collected and Expensed and Page 24 which reports the Expenditures of Federal Awards to be $938,534.

• Reference was made to Page 26 which provides a summary report indicating the auditors' results of:

a) Unqualified opinion on the financial statements; b) Internal control over financial reporting:

1. Material weaknesses (None); 2. Significant deficiencies identified that are not

considered to be material weaknesses (Yes); c) Noncompliance identified which is material to the financial

statements (None); d) Internal control over major programs:

1. No material weaknesses (None); 2. Significant deficiencies identified that ore not

considered to be material weaknesses (None); e) Auditors' op1n1on on all major federal programs

(Unqualified); f) Audit findings disclosed what are required to be reported in

accordance with section 510(a) of OMB Circular A-133 (None):

g) Identification of major programs (CFDA No. 20-106- Airport Improvement Program):

h) Dollar threshold between Type A and Type B programs ($300,000);

i) Auditee qualified as a low-risk auditee (Yes); j) Findings related to the financial statements identified which

are required to be reported in accordance with GAGAS (Yes);

k) Findings and questioned costs identified for major federal awards (None).

• Ms. Hartley referred to Pages 27 and 28 to discuss the findings:

1. 2012-0 I Financial statement preparation - The finding deals with their assistance in the preparation of the year-end financial statements. The plans are to continue the outsourcing of the year-end financial statement preparation on an annual basis or as needed. She explained that this is on extremely common comment on most of the audits their firm is involved with.

2. Ms. Hartley reported that there were no findings relative to the Major Federal Award Programs Audit or the Passenger Facility Charge Regulations.

• Ms. Hartley referred to Page 29 to discuss the prior year audit findings:

I. 20 11-01 Financial statement preparation - As previously discussed. this finding will most likely continue to be reported in future audit reports.

• Ms. Hartley referred to Pages 30 and 31 stating that this is the communication to the Board on the Financial Statement Audit and Pages 32 and 33 is the communication to the Board on the A-133 Single Audit. Both letters are very positive.

• Ms. Padgett referred to the loose letter received by the Board. This is a required communication to the Board as governance. The firm is hired by the Board to work with management to conduct the audit and to report back to the Board on how things went:

Page 4 of 7 May 21.2013

1. There were no new accounting policies in 2012 and the application of existing policies was not changed during 2012.

2. Management's estimates of the collectability of rents receivable and estimated useful lives of assets are based on past history, judgment and experience. Their rationale was evaluated and determined to be reasonable.

3. There were no difficulties in dealing with management in the Audit. 4. The Corrected and Uncorrected Misstatements were identified. 5. There were no disagreements with management during the Audit.

Vice-Chairman lnkmann asked if there were any questions. Hearing none, he asked for a motion to accept the 2012 Audit Report as presented by CBIZ-MHM, LLC.

Mr. Davis made a motion to accept and file the Audit Report for the Years Ended December 31, 2012 and 2011 as presented. Mr. Carkhuff seconded the motion. Motion carried.

»~m:~~:~~n~Ia~y;Q'g9f~J~ar~~XiitQf),t:tgRla.~{m.to:tt~;r;imr~Infslj~J!:ti!g't~i~H~o1iaJurrc<ii~B~~ Mr. Johnson reported Building #384 is currently leased to David Lewis with the lease expiring in May 2015. Due to the short amount of time left on the lease, it is not financially possible for the tenant to invest in H1e replacement of the roof. While maintenance of the building is the tenant's responsibility, a compromise is proposed for the replacement of the roof. If the Board authorizes the work, Mr. Lewis has indicated he will participate in funding a portion of the cost pro-rated for the length of his remaining lease.

Staff advertised for bids for the replacement of the roof and received three qualified bids as follows:

A-Lert Roof Systems Erie, KS

Industrial Roofing, Inc Pleasant Hill, MO

JB Turner and Sons Roofing & Sheet Metal Topeka, KS

Standing Seam Metal Roof Sys. $188.225.00

.45mil TPO $141.764.00

.45mil TPO $141 ,855.00

The apparent low bid of $141 ,7 64.00 was submitted by Industrial Roofing Inc. with a very close second lowest bid of $141,855.00 submitted by JB Turner and Sons. There is a difference of only Ninety-one Dollars ($91.00) between these bids.

Although Industrial Roofing is the apparent low bidder, considering past experience with these two firms, Mr. Johnson recommended the Board of Directors authorize staff to contract with JB Turner and Sons for the installation of the roof at a cost of One Hundred Forty One Thousand Eight Hundred Fifty-five Dollars and No Cents l$141, 855.00).

Mr. Boyer inquired it the current lease with our tenant would be modified prior to committing to the work. Mr. Johnson responded that the lease addendum would be in place before any contracts are signed.

Mr. Carkhuff made a motion to contract with J.B. Turner and Sons Roofing & Sheet Metal for the replacement of the roof on Bldg. #384 at a contract price of One Hundred Forty-one Thousand Eight Hundred Fifty-five Dollars and No Cents ($141,855.00). Mr. Davis seconded the motion. Motion carried.

Mr. Johnson reported that the MTAA Board of Directors authorized the funds necessary to reupholster the lobby seating and replace the carpet in the center section of the terminal building earlier this year. The plan moving forward is to replace the carpet in the screening area, baggage claim and the south corner of the lobby using MT AA labor. This will leave only the corridor leading to the jet-bridge to be replaced in the near future. Additional work must be completed in this area before it is ready for new carpet.

Page 5 of 7 May2l. 2013

Staff obtained quotes from local vendors for the purchase of the same product used for the center section. The lowest quote of $10,081.00 was provided by Cia-Mar, Inc.

Mr. Carkhuff made a motion to purchase material to replace the carpet Identified in this phose of the terminal bullding remodel at a cost of Ten Thousand Eighty-One Dollars ($10,081.00) from Cla-Mor, Inc. Mr. Boyer seconded the motion. Motion carried.

~ .. 1~~·~~~c 1:(!~~-;··,···~···?:i:.:t~~Kl~EK. . . ... . l~ff]l~~~r· .. Mr. Johnson reported the street name project is nearly complete. Working with MB Piland, a list of names was developed using Kansas Aviators as a basis for naming the streets. A map was presented indicating the coordination with Shawnee County Planning with addresses assigned to each of the buildings. These changes will also be incorporated into their geographic information system.

The estimate to replace the street signs throughout the Business Center is approximately $4,000.00. Although the amount is less than the limit required for Board approvaL Mr. Johnson requested Boord authorization to purchase the required street signs. Upon delivery of the signs, the Maintenance Department will begin the installation.

Mr. Carkhuff mode a motion to approve the street name changes and authorize staff to purchase the required street signs. Mr. Davis seconded the motion. Motion carried .

. '.t~ID. . 1~~~ii~~~gJNAw . e,~if~~~~i; Mr. Johnson reported that the Federal Aviation Administration has been in contact regarding the group of trees located on private property just south of Billard Airport. These trees have grown to a height that now penetrates the approach surface to Runway 36. In an effort to protect the approach to the runway, staff has contacted the property owner and requested permission to remove the trees. The property owner provided written permission for the work to be completed.

Staff obtained quotes from three contractors for the removal of seventeen (17) trees. Brown's Tree Service provided a quote of $6,200.00 to remove the trees and grind the stumps.

Mr. Davis made a motion to authorize staff to contract with Brown's Tree Service for the r!'!moval of seventeen (17) trees of a cost not to exceed Six Thousand Two Hundred Dollars and No Cents ($6,200.00). Mr. Boyer seconded the motion. Motion carried.

Mr. Johnson reported two proposals have been received to lease Hangar # 7 at Billard Airport. both submitted by current MTAA tenants.

The first proposal is from Kansas Air Center Topeka, Inc. which will use the facility for the storage of their charter aircraft and provide them an area to keep transient and based aircraft. Additional jobs and fuel sales are expected to be brought to the airport. Their intended use of the facility does not include major renovations of the hangar or office space. The lease rate of the hangar would be based on fair market value.

The second proposal is from American Flight Museum/Wolf Construction for the purpose of establishing a permanent location for the C-47 Museum presently located in Hangar #603 at Topeka Regional Airport. While it is their intention to perform major renovations to the facility, additional employment is not anticipated. The rent would be offset over the 20-year lease term by the improvements to the facility and structured in accordance with FAA Order 5190.6b for aviation museums.

After a discussion of the pros and cons of the proposals it was the general consensus of the Board that a revenue-generating lease with an increase in airport activity would be in the best interest of the MT AA. The Board directed Mr. Johnson to proceed with lease negotiations with Kansas Air Center Topeka, Inc.

Page 6 of 7

Mr. Johnson reported that the subject of broadband internet is the continued topic which affects all of Topeka and Shawnee County. There ore no meetings held during the summer, but there will be a sub-committee working on the broadband issue to present their findings at the meeting in September.

,llil!i~~fr:~1~s.:~mqcrg'tt9~d~~~fattt1J£Gimi!IIF1$I~t5r!i'MitmR~~\Jii••~~~~l~+r~;~it!f~~ Mr. Johnson provided a report as follows:

• Work on the Philip Billard Master Plan Update is progressing. The Phose Two PAC meeting was held on May 2, 2013 followed by the Public Information Workshop that evening. This was a good meeting with input provided to help shape the master plan. -

• It is undetermined if the AlP funded project for the wildlife assessment at Philip Billard will take place this year. It may be delayed for the completion of other projects. The FAA has been contacted, but there has not been any response.

• The design of the 3-21 runway project for Topeka Regional Airport is complete and the agreement between the MTAA and NGB is being reviewed by legal. This agreement will allow us to overlay the runway to its current dimensions. The FAA will only fund the project to a width of 1 00'. NGB will provide the necessary funds to keep it at 150'. The project bid opening is scheduled for May 30, 2013. Staff will need time to review the bids and requested the Board's consideration for a special teleconference Board meeting on June 41h to award the contract for construction and authorize Mr. Johnson to sign the FAA Grant offer. The challenge is trying to get a determination on when the funding will be available.

• Warbirds and Legends - the aviation event is still planned for August 1-4. Coordination meetings continue with Brooks Pettit to discuss requirements. There is a need for a waiver for the planned events. As of this morning, nothing has been coordinated with FSDO-ICT. As added protection for the MT AA, Mr. Johnson contacted the insurance advisor for his suggestion on minimum insurance requirements. Because of the planned activities, he suggested a $50 million liability policy naming the MTAA as additionally insured. There are many issues to be coordinated before this event can be held.

• It has been announced that Sun Country Airlines will begin a charter operation from Topeka to Riverside Resorts in Laughlin. NV beginning July 18, 2013. This is a less-than-dally service and is not part of the effort to attract daily service. The rates are very reasonable. $250 for airfare, ground transportation and hotel accommodations for four days and three nights.

Mr. Johnson provided the following report:

• There has been an interest expressed to purchase MT AA property located at 61 5'

and Croco. There is approximately J 9 acres at this off-airport site, a portion of which is currently leased for farming operations. The Board requested that Mr. Johnson pursue an appraisal on the property and begin the process for FAA approval of the land sale.

• The Topeka Regional Airport Terminal remodel project is progressing and there will soon be office space in the terminal for the Operations Department. II was decided to meet at the terminal building prior to the June Board Meeting for a walk-through.

• The Maintenance Department has completed the clean-up of the debris left at Bldg. # 182 according to the compliance letter received from KDHE. When KDHE was unsuccessful in their attempt to hold the previous tenants responsible and

Page 7 of 7 May 21, 2013

getting them to comply with the clean-up order, the responsibility shifted to the MT AA as property owner. Staff loaded twenty-eight 40-yard dumpsters at a cost just over $8.000. The total clean-up cost, including labor and equipment, was just shy of $18.000.

Ms. Trobaugh made the following report on the Monthly Financials:

• The report for the month ending 4/30/13 reflects revenue to be ($22.649) under Budget a net result from:

a. Taxes and Assessments receipts remain at $11.114 more than the anticipated budget;

b. Landing Fees are $5.533 over budget; c. Fuel Flowage Fees are ($6.932} under budget; d. Passenger Facility Charges are $3.980 ahead of the anticipated budget; e. Lease & Rental Fees actual income reflects ($20. 161) under budget: f. Reimbursements total to be $2.859 ahead of budget; g. CD Interest income is ($1.720) under budget. h. Water/Sewer Sales are under budget ($15,554) with Water/Sewer Costs over

budget by ($2.334).

• OveralL the operating expenses are in-line with what we anticipate and depict a favorable budget variance of $229,760.

• There were no Capital Improvement purchases made for the month of April.

• The Cash Balance for the period ending 4/30/13 is $1.947,992.

Mr. Davis moved to accept and file the Monthly Financial Reports as presented for the month ended Apri130, 2013. Mr. Carkhuff seconded the motion. Motion carried.

Vice-Chairman lnkmann inquired if there was a need for an Executive Session. Mr. Johnson and Mr. Forbes asked for approximately fifteen minutes to discuss legal matters regarding potential litigation and negotiations.

Mr. Davis moved that the meeting be recessed for the purpose of an Executive Session, pursuant to the Kansas Open Meeting Laws. Justification for this Executive Session is the need discuss legal matters regarding potenfial litigation with our attorney. The discussion would be subject to the attorney-client privilege. Mr. Davis said the Session will be for a period of time not to exceed fifteen (15) minutes from 4:45 p.m. until 5:00 p.m. Mr. Boyer seconded the motion. Motion carried.

Vice-Chairman lnkmann reconvened the regular meeting at 5:00 p.m. at which time Mr. Davis made a motion for a ten (10) minute extension of the Executive Session until 5:10 p.m. Mr. Carkhuff seconded the motion. Motion carried.

Vice-Chairman lnkmann reconvened the regular meeting at 5:10 p.m. and indicated no

Vice-Chairman lnkmann asked if there was any further business to discuss. There was none.

Mr. Carkhuff moved that the meeting adjourn. Mr. Davis seconded the motion. Motion carried. Meeting adjourned at 5:10p.m.

Memornndum

Shawnee County OFFICE OF COUNTY APPRAISER

J. Mark Hixon, CKA, RMA

To: Board of Shawnee County Commissioners ,

From: J. Mark Hixon, Shawnee County AppraiserL

Date: June 25, 2013

Re: Agenda Request- GIS/Cadastral Technician ·.

Please place the following item on the July I, 2013 BCC Agenda:

JC,

I am requesting BCC approval for the creation of a new position- GIS/Cadastral Technician- and the abolishment of the currently vacant Cadastral Mapping Specialist position.

The vacant position is within the Teamsters bargaining unit and the proposed new position would be under the County's Classified Employee policies and salary scale. While the Human Resources Director, Jonathan Thummel, and I agree on this course of action, Mr. Mike Scribner of the Teamsters Union does not concur. I met and conferred with Mr. Scribner on June I i 11 as required by the Teamsters Master Agreement and he expressed his disagreement. However, I believe the lack of commonality of interests between the proposed position and the members of the clerical bargaining unit precludes inclusion of the new position in the clerical bargaining unit. And I have notified Mr. Scribner of my final decision and made him aware of the date this will be on the BCC Agenda.

In our efforts to attract qualified applicants to the currently vacant position, we were unsuccessful due to the salary level being uncompetitive with the market. Therefore, it is my recommendation that the salary level for the proposed GIS/Cadastral Technician position be at Range 23 ($15.02/hr) on the County's Classified Non-Exempt Wage Scale. The currently vacant position is at Step 517 ($12.43/hr) on the Teamsters Clerical Pay Plan. There is sufficient funding in this year's budget as well as my 2014 budget proposal.

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

SHAWNEE COUNTY Department of

Emergency Management 200 SE ih Street

Emergency Operations Center Topeka, KS 66603

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

July 3, 2013

MEMO:

TO: FROM:

Emergency Vehicle Permits

County Commission //2h'l ) Dave Sterbenz, Director #/1\j)

Submitting permits request for your review and approval from: Brian Dodds - Shawnee Heights, for fire and EMS response,

Kitch Towing and Recover LLC, for motorcycle recovery.

Mitigation Preparedness Response Recovery

1![:1

13-011 PERMIT NUMBER

Name: Brian Dodds

Address: 5937 SE Ratner Rd

City: Berryton

Vehicle Make/Year Ford I 04

V.I.N.#: 1 FTNW20P74EB49446

EMERGENCY VEHICLE PERMIT

(VEHICLE COPY)

EXPIRATION DATE

County: Shawnee

ModeVStyle: F-250 I Pickup

License Tag:--'-FL..:E-:.~.8t..l3CL..7l..l..6 ___ _

Purpose for which it is to be used: Emergency Fire I EMS Response . Shawnee Heights Fire

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

SHAWNEE COUNTY EMERGENCY MANAGEMEN~/ .. '7~ -.5Z/-/ Date: 3 ~/y /3 By:_ ~;,~gd';;;p:r~x!1_}9-:.-

7/ / . (/'

SHAWNEE COUNTY BOARD OF COMMISSIONERS:

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

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

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

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

13-012 PERMIT NUMBER

Name: Kitch Towing and Recovery LLC

Address: 2036 SE Quincy

City: Topeka

Vehicle MakeNear Ford I 09

V.I.N.#: 1 FTRF12W79KB80642

EMERGENCY VEHICLE PERMIT

(VEHICLE COPY)

EXPIRATION DATE

County: Shawnee

ModeVStyle: F-150 I Pickup

License Tag: -..I.L07L.:.4:L.J...E...ul N_,.__ ___ _

Purpose for which it is to be used:...!..M!.!.:o~t~o~rc:!.Jy~cw.le.:.....!...,l,re<.l=c~o~ve~ry!-J...:-. ________ _

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

SHAWNEE COUNTY EMERGENCY MANAGEMENT: ~/ .J!!? ~:lf:J,r Date: 3 c;£/ ~2 By:_ c:,L t/ ~--------------------------~----

SHAWNEE COUNTY BOARD OF COMMISSIONERS:

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

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

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

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

DATE:

TO:

FROM:

CC:

RE:

Shawnee County Office of County Treasurer

Room 101, Courthouse, Topeka, Kansas 66603 Phone 785-233-82!Xl Ext 5161 http:/Jw.N.N.co.stawnee.ks.us

LARRYMAH COUNTY TREASURER

MEMORANDUM

July 2, 2013

Shawnee County Board of Commissioners

Larry Mah, Shawnee County Treasurer ~

Simon Martinez, Deputy Financial Administrator

June 2013 Bank Reconciliation

Please place this request on the Thursday, July 11, 2013 Board of County Commission Consent agenda for final approval of the June 2013 bank reconciliation report. This bank reconciliation report has been reviewed and approved by the Deputy Financial Administrator.

Thank you for your time and consideration.

•• June 2013 Bank Reconciliation

Ending balance Per IFAS

Reconciling Items

Less:

Credit cards (posted to bank in July)

Deposit in Transit (posted to bank July 1, 2013)

Pay Pal payment {posted to bank July 1, 2013)

Add:

Outstanding checks as of 6/30/2013 Credit Card payments (posted to IFAS in July)

ACH Credit-KS SRS Payment ( P & R) (posted to IFAS July 2013)

ACH Credit-Ks Claims Payments (SCHA) (posted to IFAS July 1, 2013)

ACH Credit-MedicarePayment (SCHA) {posted to IFAS July 1, 2013) ACH Credit-State of KS Smart payment (SCHA) (posted to IFAS July 1, 2013)

Mise Pay-( Register of Deeds) (posted to IFAS July 2, 2013)

Elavon credit adjustment for merchant fees (SCHA)

Extra deposit (posted to IFAS in July)

P & R deposit (posted to IFAS in July)

Adjusted ending balance

Vault cash

Ending balance per US Bank

Ending balance per UMB Bank

Difference

Prepared by: tjt

Shawnee Co. Treasurer's Office

7/2/2013

$ 17,582,955.85 $ 17,582,955.85

$ $ $ $

$ $

$ $ $ $ $ $ s $ $

$

$

$

42,967.53

265,907.98

745.25 309,620.76

3, 701,584.85

5,084.41

267.20

2,777.05

899.87

693.80

80.00

62.21 28,538.21 4,650.80

3,744,638.40

21,017,973.49

4,000.00

152,679.36

20,861,294.13 21,017,973.49

Shawnee County

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

MEMORANDUM

DATE: July 3, 2013

785-233-7702 FAX 785-291-4920

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

COUNTY ENGINEER

TO: Board of County Commissioners (Consent Agenda)

FROM: Michael M. Welch, P.E.~t.r-Civil Engineer II

RE: Acceptance of Right of Way Drainage Improvement, Developer Project No. S-151 000.00 NW Button Road between NW 25th Street and NW Old Indianola Road

The Public Works Department has reached agreement with the following list of landowners to acquire permanent and temporary easements for construction of the referenced project. We request your acceptance of the attached easements. All easements have been provided by the developer at no cost to Shawnee County.

Owner

HME,Inc.

Haas, J onny J.

JJH Properties, LLC

Encl.

cc: Tom Vlach File

Item Value

Permanent Drainage Easement Donated



Easement No.

Project No.: S-151000.00

PERMANENT DRAINAGE EASEMENT

THIS INDENTURE, made this .Z/_g day of ~~ , 2013 by and between HME Inc. , hereinafter referred to as the Lafldo~er; and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.

WITNESSETH, that the Landowner in consideration of one dollar and no/100 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does for itself, its heirs and assigns, hereby grant, bargain, sell, and convey unto the County, a permanent drainage easement together with the attendant customary uses over, under, through, across, and along all the following described real estate in the County of Shawnee, and State of Kansas, to-wit:

(Signature, date and seal of a Registered Land Surveyor certifies that the following real property legal description is an original description and has been prepared by or under the direct supervision of subscribed Registered Land Surveyor. K.S.A. 74-7003)

A tract of land in the Northeast Quarter of Section 14, Township 11 South, Range 15 East of

the 6th P.M., Shawnee County, Kansas, described as follows: Commencing at the Northeast comer of said Northeast Quarter; thence S 01" 03' 09" E (assumed bearing), along the East

line of said Northeast Quarter, 891.17 feet; thence S 88" 50' 41" W, 20.00 feet to a point on the West right-of-way line of NW Button Rd., said point being the Point of Beginning; thence S 01" 03' 09" E along said West right-of-way line, a distance of 333.29 feet; thence S 88" 56' 51" W, 20.00 feet; thence N 01" 03' 09" W parallel with said West right-of-way line, a distance of 333.25 feet to a point on the South line oflot 5, Block A, Dister Subdivision; thence N 88" 50' 41" E, 20.00 feet to the Point of Beginning.

The County is purchasing this permanent drainage easement for the purpose of erecting or improving a public roadway for the passage of vehicular and pedestrian traffic, and the County reserves the right to make improvements on that property according to such plans and specifications, as will, in its opinion, best serve the public purpose. The payment of the purchase price for the drainage easement conveyed shall be considered full compensation for that drainage easement, and for any diminution in value that may result to the remaining property by virtue of proximity to the project, grade, alignment, utility installation, or the alteration of drainage patterns and facilities.

The Landowner, its heirs, or assigns shall retain all underlying fee interest in the above-described property subject to the use by the County for a Drainage Easement. Landowner understands and agrees that it is prohibited from placing or constructing any structure or improvement on the above-described property. Furtherthe use of the Drainage Easement shall be subject to Kansas State law and Shawnee County Resolutions governing public rights-of-way.

Should one or more of the Landowners be natural persons not joined by their respective spouses, it is conclusively presumed that the land conveyed is not the residence or business homestead of such Landowner(s). Should one or more of the grantors be a legal entity other than a natural person, it shall be conclusively presumed that the person signing on behalf of that party has been duly and legally authorized to so sign and there shall be no necessity for a seal or attestation.

This Permanent Drainage Easement shall run with the land and be binding upon the grantees, lessees, successors, and assigns of the parties hereto, unless terminated by the abandonment of the Drainage Easement by the County.

Easement No.


IN WITNESS WHEREOF, Said Landowner has hereunto set A,;. hand the day and year first above written.

Landowners Name

Easement No.

Project No. S-151000.00, 2800 Block of NW Button Rd.

··················································································································

STATE OF .lf'44f!(t?J, COUNTY OF _5A~.m.:-e , ss.

BE IT REMEMBERED, that on this ZJ d day of ~~ , 2013, before me, the undersigned, a notary public in and for ttieconty and State aforesaid, came

Jonny J. Haas , President of HME Inc , a corporation duly organized, incorporated and existing under and by virtue of the laws of the State of Kansas, who is personally known to me to be the same person who executed, as such officer, the within instrument of writing on behalf of said corporation, and such person duly acknowledged the execution of the same to be the act and deed of said corporation.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written.

My commission expires: 5 ~.:? tJ -2'8 /¥

4 Mark A. Boyd . · NOTARY PUBLIC-STATE Of ~-~ II!YAPPTEXP .f~..J'0•/4/

Easement No.



THIS INDENTURE, made this - day of "J!J.r'• , 2013 by and between . />-/- ~ '/ Jonny J. Haas , hereinafter referred to as theandowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.



A tract of land in the Northeast,Quarter of S~~tion 14, Township 11 South, Range 15 East of the 6th P.M., Shaw~ee County, Kansas, described as follows: Commencing at

the Northeast corner of said Northeast Quarter; thence S 88° SO' 41" W (assumed

bearing), along the North line of said Northeast Quarter, 391.64 feet to the Northwest

corner of Lot 1, Block A, Dister Subdivision; thence S 00" 55' 38" E along the West line of said

DisterSubdivision,adistanceof284.18feettothe Point of Beginning; thence continuing S

00° 55' 38" E, 22.46 feet; thence N 63° 50' 28" W, 21.71 feet; thence N 85° 07' 56" W,

51.61 feet; thence~ 00°"55.' 48." W, 40.21 feet; thence S 85° 07' 56" E, 23.43 feet;

thence S 58° 10' 09" E, 56.31 feet to the Point of Beginning.

byoS;-~~s-;:;---_ll M?:f~l< b '"Af·<····:'!iJ!!ll'l \'l'llf~0;11

l~-:..:-~ .. !}_~;;,.~


The Landowner, its heirs, or assigns shall retain all underlying fee interest in the above-described property subject to the use by the County for a Drainage Easement. Landowner understands and agrees that it is prohibited from placing or constructing any structure or improvement on the above-described property. Further the use of the Drainage Easement shall be subject to Kansas State law and Shawnee County Resolutions governing public rights-of-way. ·



Easement No.


IN WITNESS WHEREOF, Said Landowner has hereunto set __ hand the day and year first

above written.

Landowners Name

Easement No.

Project No. S-151000.00, 2800 Block of NW Button Rd.

STATE OF /(a,ut""as·, COUNTY OF ,shAAIH!f?8 'ss.

j'.f L2 BE IT REMEMBERED, that on this i.!:!... day of ~,.'/ , 2013, before me, the

undersigned, a notary public in and for the County and State aforesaid, came-------,----Jenny J. Haas , personally known to me to be the same

person who executed the within instrument of writing, and such person duly acknowledged the execution

of the same.

IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my notarial seal, the day and

year last above written.

Nota~

My commission expires: ?-J{} -?tJ/y .4_ Mark A. Boyd NOTARY .PUIJUC.,..STATE OF KANSAS

··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ··· ·· llr'IA"PPT£XP~:p;..,.£0-/¥·: ·· ··· ··· ···

Easement No.



THIS INDENTURE, made this / ~ day of 4/'' '/ , 2013 by and between JJH Properties, LLC , hereinafter referred to as the Landowner; and THE BOARD OF COUNTY c·OMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.



A tract of land in the Northeast Quarter of Section 14, Township 11 South, Range 15 East of the 6th P.M. and a part of Lots 4 and 5, Block A, Dister Subdivision, Shawnee County, Kansas, being

described as follows: Commencing at the Northeast corner of said Northeast Quarter; thence

S 01 o 03' 09" E (assumed bearing), along the East line of said Northeast Quarter, 891.17 feet;

thence s 88° 50' 41" W, 35.00 feet to a point on the West right-of-w.ay line of NW Button

Rd., said point being the Southeast corner of Lot 5, Block A, Dister'subdivision and the

Point of Beginning; thence continuing S 88° 50' 41" W along the South line ~f said Lot 5,

a distance of5.00 feet; thence N 01° 03' 09" W parallel with said West t"lght-of-·way line

of NW Button Rd., a distance of 174.76 feet; thence on a 90.00 foot radius curve left, an arc

distanceof98.03feet, said curve having a long chord bearing N 45° 39' 01" W, a

distance of 9 3. 2 6 feet; thence on a 95.00 foot radius curve right, an arc distance of 111.16 feet,

said curve having a long chord bearing N 43° 19' 59" W, a distance of 104.93 feet;

thence N 09° 48' 38" W, 58.27 feet; thence on a 210.00 foot radius curve left, an arc distance of

89.21feet, said curve having a long chord bearing N 21° 58' 49" W, a distance of

88.54 feet; thence N 43° 24' 48" W, 65.91 feet;. thence N 59° 10' 47" W, 93.98 feet;thence N 63° 50' 28" W, 57.94 feet; thence N 00° 55' 38" W, 22.46 feet to a point on the West line of Lot 3,

Block A, Dister Subdivision; thence S 63" 50' 28" E along said West line of Lot 3, a distance of 68.98

feet; thence S 59° 10' 47" E, 97.56 feet; thence S 43° 24' 48" E, 97.56 feet; thence S 18° 51' 52" E,

83.45 feet; thence S 07° 51' 45" E, 75.20 feet; thence on a 75.00 foot radius curve left, an arc distance

of61.49feet, said curve having a long chord bearingS 53° 22' 02" E, a distance of

59.78 feet; thence on a 110.00 foot radius curve right, an arc distance of 80.55 feet, said curve having a long chord bearingS 55° 52' 42" E, a distance of 78.76 feet to a point on

the South line of said Lot 4, Block A, D.ister Subdivision; thence N 88° 50' 41" E,

1.20 feet to the Southeast corner of said Lot 4; thence S 01° 03' 09" E, 215.17

feet to the Point of Beginning.


The Landowner, its heirs, or assigns shall retain all underlying fee interest in the above-described property subject to the use by the County for a Drainage Easement. Landowner understands and agrees that it is prohibited from placing or constructing any structure or improvement on the above-described

Easement No.


property. Further the use of the Drainage Easement shall be subject to Kansas State law and Shawnee County Resolutions governing public rights-of-way.

' . ' Should one or more of the Landowners be natural persons not joined by their respective spouses,

it is conclusively presumed that the land conveyed is not the residence or business homestead of such Landowner(s). Should one or more of the grantors be a legal entity other than a natural person, it shall be conclusively presumed that the person signing on behalf of that party has been duly and legally authorized to so sign and there shall be no necessity for a seal or attestation.


IN WITNESS WHEREOF, Said Landowner has hereunto set __ hand the day and year first above written.

7f!l hrer-/,;_r/ ?~C Easement No.

Project No. S-151 000.00, 2800 Block of NW Button Rd .

Landowners Name

......................................................................................................................

STATE OF ;f.;tl?f't?! , COUNTY OF .:.>h.awne~ 'ss.

BE IT REMEMBERED, that on this /-!:'day of ¥, '/ , 2013, before me, the undersigned, a notary public in and for the County and State aforesaid, came

Jonny J. Haas of JJH Properties , L.L.C., who is personally known to me to be the same person who executed the within instrument of writing, such person duly acknowledged the execution of the same on behalf of said Limited Liability Company.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written.

My commission expires: !?-.5() ~ /¥ • Mark A. Boyd . NOTARY PUBLIC-STATE Of IW45Al! MYAPPTFXP f-J'O•/'f'

Shawnee County ~ Department of Public Works

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

MEMORANDUM

DATE: July 3, 2013

TO: Board of County Commissioners (Consent Agenda)

FROM: Michael M. Welch, P.E.~-Ht:..rCivil Engineer II

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

COUNTY ENGINEER

RE: Acceptance of Right of Way NW 46th Street over Tributary to Cross Creek, R0-048/0SN 325 0.5 mi East ofNW Bailey Road Project No. S-121029.00

The Public Works Department has reached agreement with the following list of landowners to acquire permanent and temporary easements for construction of the referenced project. We request your acceptance of the attached easements and authorization for payment.

Owner

Berniece L. French Revocable Trust Howard D. French, Trustee

Christopher GayTrust Christopher Gay, Trustee

Encl.

cc: Tom Vlach File

Item

Permanent Easement & Crops

Permanent Easement & Crops

Value

0.07 acres $ 515

0.35 acres $ 2,415

Easement No. 1 Project No. S-121029.00, NW 461

h Street over Tributary to Cross Creek

PERMANENT PUBLIC RIGHT -OF-WAY EASEMENT

nils INDENTURE, made this i~ day of , 2013 by and between Berniece L. French Revocable Trust hereinafter referred to s the Landowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAW E, KANSAS, hereinafter referred to as the County.

WITNESSETH. that the Landowner in consideration of one dollar arid no/100 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does for itself, its heirs and assigns, hereby grant, bargain, sell, and convey unto the County, a permanent public right-of-way easement for vehicular and pedestrian traffic together with the attendant customary uses, including drainage and utilities over, under, through, across, and along all the following described real estate in the County of Shawnee, and State of Kansas, to-wit:

A permanent easement for highway right-of-way over and upon a tract of land in the Northeast Quarter of Section 4, Township 11 south, Range 13 east of the ff' Principal Meridian in Shawnee County, Kansas, described as follows:

Commencing at the northeast corner of Section 4, Township 11 South, Range 13 East, thence westerly on the North line of the Northeast quarter section, on a bearing of South 88 degrees 34 minutes 56 seconds West a distance of 1,107.01 feet to the point of beginning;

Thence westerly on the North line of said quarter section, on a bearing of South 88 degrees 34 minutes 56 seconds West, a distance of 206. 56 feet,

Thence on a bearing .of South 01 degrees 27 minutes 43 seconds East, a distance'·of 45.38 feet,

Thence on a bearing of North 84 degrees 04 minutes 05 seconds East, a distance of 131.94 feet,

Thence on a bearing of North 77 degrees 16 minutes 20 seconds East, a distance of 76.49 feet, to a point on the existing South right of way line of NW 461

h Street,

Thence on a bearing of North 01 degrees 25 minutes 04 seconds West, a distance of 20.00 feet to the point of beginning.

The above tract contains 3,219 sq. ft. (0.07 acres), more or Jess, exclusive of,~'S~JriJ.'fi'tii@JJt of way. ~,,, \G 14.. 11.1. /t//"

$~~·,·cf.N;, :<~~~ ~ ~-·v '-'~· "-:.. ~0· ()• 0~ ~ : LS-1446 ':><g

. :; r-: .. :~ ,A: .-.--.., ==

. \~~j The County is purchasing this permanent public right-of-wa;i/~F~fpurpose of

erecting or improving a public roadway for the passage of vehicular and pedest~~~h1fri~:t~nd the County reserves the right to make improvements on that property according to such plans and specifications, as will, in its opinion, best serve the public purpose. The payment of the purchase price for the public rightof-way easement conveyed shall be considered full compensation for that public right-of-way easement, and for any diminution in value thaJ may result to the remaining property by virtue of proximity to the project, grade, alignment, utility installation, or the alteration of drainage patterns and facilities.

The Landowner, its heirs, or assigns shall retain all underlying fee interest in the above-described property subject to the use by the County for a Public Right~of-Way Easement. Landowner understands and agrees that it is prohibited from placing or constructing any structure or improvement on the abovedescribed property. Further the use of the Public Right-of-Way Easement shall be subject to Kansas State law and Shawnee County Resolutions governing public rights-of-way.




This Permanent Public Right-of-Way Easement shall run with the land and be binding upon the grantees, lessees, successors, and assigns of the parties hereto, unless terminated by the abandonment of the Public Right-of-Way Easement by the County.

IN WITNESS WHEREOF, Said parties of the first part have hereunto set their hands the day and

year first above written.

STATE OF KANSAS, COUNTY OF SHAWNEE, ss.

BE IT REMEMBERED, that on this 3..-"£ ~ay of ~ • · , undersigned, a notary public in and for t County

201~ before me, and State aforesaid,

the came

Howard D. French -----...,------.,.----,--,------:--,.:---' personally known to me to be the same person __ who executed the within instrument of writing, and such person __ duly acknowledged the

execution of the same.

IN WITNESS WHEREOF, I have hereunto year last above written.

fl • ROBERT C. TAG ~ Notary Public • State of Kansas

My Appt. Expires· February 7, 20j5 · My commission expires: .::::::::::::::::::::==::=::=::='-=!._

hand and affixed my notarial seal, the day and



PERMANENT PUBLIC RIGHT-OF-WAY EASEMENT

THIS INDENTURE, made this .2' .Mo day of ~M.u' , 2013 by and between Christopher Gay Trust, hereinafter referred to as the Landowner; anHE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.

WITNESSETH, that the Landowner in consideration of one dollar and nol100 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does for itself, its heirs and assigns, hereby grant, bargain, sell, and convey. unto the County, a permanent public right-of-way easement for vehicular and pedestrian traffic together with the attendant customary uses, including drainage and utilities over, under, through, across, and along all the following described real estate in the County of Shawnee, and State of Kansas, to-wit: ·

A permanent easement for highway right-of-way over and upon a tract of land in the Northeast Quarter of Section 4, Township 11 south, Range 13 east of the ffh Principal Meridian in Shawnee County, Kansas, described as follows:

Commencing at the northeast corner of Section 4, Township 11 South, Range 13 East, thence westerly on the North line of the Northeast quarter section, on a bearing of South 88 degrees 34 minutes 56 seconds West a distance of 1,313.57 feetto the point of beginning;

Thence westerly on the North line of said quarter section, on a bearing of South 88 degrees 34 minutes 56 seconds West, a distance of 180.91 feet, to the south quarter corner of Section 31, Township 10 south, Range 13 east,

Thence westerly on the North line of said quarter section, on a bearing of South 88 degrees 34 minutes 26 seconds West, a distance of 212.52 feet,

Thence on a bearing of South 01 degrees 25 minutes 34 seconds East, a distance of 20.00 feet, to a point on the existing South right of way line of NW 461

h Street,

Thence on a bearing of South 76 degrees 10 minutes 06 seconds East, a distance of 285.03 feet,



Thence on a bearing of North 01 degrees 27 minutes 43 seconds West, a distance of 45.38 feet to the point of beginning.

The above tract contains 15,082 sq. ft. (0.35 acres), more or less, exclusive of existinfl,~'ffin'~¥W#w.t1,. ~" \G ,.,..,. Iii!. ,.~

· l'/1..~• :c· ENs' :1 /~ ::::'"'<-•'-:\ .!:-.• .,. .... ~

gu." 'o·o~

~~: ·L~~-144~~?<! ~ #;.- --~ ~ ~,.../\·~rA--t'

. ~VC'I • ~~~ . ~t:u ,,, The County is purchasing this permanent public right-of-way easement f&ttJh~npur)l'ose of

erecting or improving a public roadway for the passage of vehicular and ~edestrian traffic, and the County reserves the right to make improvements on that property according to such plans and specifications, as will, in its opinion, best serve tile public purpose. The payment of the purchase price for the public rightof-way easement conveyed shall be considered full compensation for that public right-of-way easement, and for any diminution in value that may result to the remaining property by virtue of proximity to the project, grade, alignment, utility installation, or the alteration of drainage patterns and facilities.

The Landowner, its heirs, or assigns shall retain all underlying fee interest in the above-described property subject to the use by the County for a Public Right"of-Way Easement. Landowner understands and agrees that it is prohibited from placing or constructing any structure or improvement on the abovedescribed property. Further the use of the Public Right-of-Way Easement shall be subject to Kansas ·State law and Shawnee County Resolutions governing public rights-of-way.

Easement No. 2 Project No. S-121029.00, NW 46th Street over Tributary to Cross Creek

Should one or more of the Landowners be natural persons not joined by their respective spouses, it is conclusively presumed that the land conveyed is not the residence or business homestead of such Landowner(s). Should one or more of the grantors be a legal entity other than a natural person, it shall be conclusively presumed that the person signing on behalf of that party has been duly and legally authorized to so sign and there shall be no necessity for a seal or attestation. ·

This Permanent Public Right-of-Way Easement shall run with the land and be binding upori the grantees, lessees, successors, and assigns of the parties hereto, unless terminated by the abandonment of the Public Right-of-Way Easement by the County.

EOF, Said parties of the first part have hereunto'set their hands the day and

STATE OF. Kansas . COUNTY OF Shawnee :·, ss.

BE IT REMEMBERED, that on this ~ 4> day of'---.11:'=~undersigned, a notary public in and for the

201_~ before me, the and State aforesaid, came

Christopher Gay -----.,----:--:-::-----:c.,.,.-:--:--:----:--:---::-:--' personally known to me to be the same person __ who executed the within instrument of writing, and such person __ duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set and affixed my notarial seal, the day and

year last above written. ~

ft. ROBERT C. TAGGA.R:q___:~u,:~~~=::__ __ ~ Notal)' Public- State of Kansa~ tary Public'

My Appt. Expires February 7, 2015

My commission expires: ------------

June 28, 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 A'W l(,UA., Director, Community Health Center

CONSENT AGENDA - Approval of MOU from KAMU to Accept Grant Funding from KHF in the Amount of $20,000

Action Requested: Approval of the Memorandum of Agreement from Kansas Association for the Medically Underserved (KAMU) to accept grant funding in the amount of $20,000 from Kansas Health Foundation.

On May 6, 2013, the Board of Commissioners approved the Shawnee County Health Agency (SCHA) to apply for grant funding for the purpose of building capacity of Safety Net Clinics in Kansas to conduct referrals related to tobacco cessation, overweight/obesity, and improving measures specific to federally qualified health centers in the areas of diabetes control, cervical cancer screening, and childhood immunizations.

The SCHA received the Memorandum of Agreement from KAMU and has been awarded $20,000 in grant funding. The grant award will also provide additional support for initiatives taking place to improve health outcomes and also ties to the work related to the development of the county's community health improvement plan following the release of the Community Health Needs Assessment.

The grant will provide opportunities for staff training through self directed educational modules to be developed by the University of Kansas Department of Preventive Medicine and Public Health on the topic of tobacco and obesity/overweight. The materials will include best practices and will be available for future employees. Information will also be available to be utilized to educate and inform patients with consideration to various cultures in order to be effective in improving healthy behaviors in the community.

Leading the way to a healthier Shawnee County

MEMORANDUM OF AGREEMENT Between

Shawnee County Health Agency and Community Health Center And

Kansas Association for the Medically Underserved (KAMU)

PREAMBLE: This agreement between Shawnee County Health Agency and Community Health Center (sub grantee) and KAMU outlines the responsibilities ofboth parties under the Kansas Health Foundation Mini-Grant Program, funded by Kansas Health Foundation. The term of this agreement shall be from June 15, 2013 through July 31, 2015.

PURPOSE: The primary goal of this program is to improve the capacity of grantees to develop the knowledge and skills that meet standards in providing assessment, counseling and referrals related to tobacco cessation and overweight/obesity. In addition, a goal is for Kansas FQHCs to improve their rating in addressing diabetes control, cervical cancer screening, and childhood immunization (as compared to the 2010 UDS Report).

Specifically, by the end of this two-year project grantees will be expected to have: • Increased the knowledge and skills that meet standards in providing assessment,

counseling and referrals related to tobacco cessation and overweight/obesity. • (FQHCs only) Improved UDS measures on diabetes control, cervical cancer screening,

and childhood immunization (as compared to the 2010 UDS Report).

A required component of this grant project is to participate in self-directed educational modules developed by the University of Kansas Department of Preventive Medicine and Public Health on tobacco and obesity/overweight. These modules, yet to be developed, will be designed for clinics to be able to complete at their own schedule and can also be retained for future staff training over time so this knowledge is sustained. They will also include materials identified as best practices for participating clinics to use. All of the components and materials developed by the University of Kansas Department of Preventive Medicine and Public Health for this project will consider the various cultures of our patients (including race, ethnicity, poverty status, etc.) so as to be as effective as possible.

WORK PRODUCT: • Sub grantee will adhere to the submitted and approved workplan (Attachment A). • Including at a minimum, one staff member's completion of the KUMC educational

module on overweight/obesity and tobacco cessation.

FUNDING: Funding for the Mini-Grant Program is made available through a grant from Kansas Health Foundation. Shawnee County Health Agency and Community Health Center has been awarded $20,000.00. In the case a project is delayed, it is the responsibility of the sub grantee ~o notify ~. .

KHF Mini-Grant MOA Contract #13-200-33

1

REPORTING REQUIREMENTS: Annual reports on activities and outcomes will be required by all grantees, but will vary slightly depending upon clinic type as follows:

FQHCs • FQHCs must submit their final UDS report to KAMU by April15 of2014, 2015 and

2016. • A brief narrative description of the processes and/or activities implemented or conducted

during each year of the two-year grant to improve patient outcomes in the areas of diabetes, cervical cancer screening, childhood immunization, overweight/obesity and tobacco cessation. This report will be due on May 1 of 2014, and a final report due on August 1, 2015.

• A list of all staff that have participated in the University of Kansas educational modules on overweight/obesity and tobacco cessation (to be developed). This report will be due on May 1 of2014, and afinal report due on August 1, 2015.

Non-FQHCs • A brief narrative description of the processes and/or activities implemented or conducted

during the year to improve patient outcomes in the areas of overweight/obesity and tobacco cessation. This report will be due on May 1 of 2014, and a final report due on August 1, 2015.

• A list of all staff that have participated in the University of Kansas educational modules on overweight/obesity and tobacco cessation (to be developed). This report will be due on May 1 of2014, and afinal report due on August 1, 2015.

KAMU I KHF Mini -Grant Program 1129 S Kansas Ave., Ste B Topeka, KS 66612

or sent electronically to [email protected]

CONFIDENTIALITY- Personal and confidential information collected, used or acquired in connection with this agreement shall be used solely for the purposes of this agreement. Sub grantee agrees not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons confidential information without the express written consent of KAMU or as provided by law. Sub grantee agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information.

RIGHT TO TERMINATE: KAMU reserves the right to terminate any grant award and cease payment to the sub grantee for failure to comply with the terms and reporting requirements of this MOA.

BOARD OF COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date: ---=~~~~~--------- ATTEST:

K.HF Mini-Grant MOA Contract #13-200-33 Approved as to Le~Hty

and Fonn: Dat&JW~/t~ (Jo/t~t6e4

Cynthia A. Beck, County Clerk

Timeframe

•

• •

• By End of • Year 1

•

•

By End of • Year 2

Attachment C Project Work Plan

Work Pl.i;in- Kansas Health Foundation Mini-Grant

Activities Short-Term Outcomes Long-Term Outcomes review KU educational modules with • Approximately 3 5 clinical staff that will • Improve immunization compliance clinic managers to determine be trained through the KU educational to >65% implementation plan. modules • Utilize KHJN interface for obtain additional Quitline materials • Evaluate if onsite smoking cessation immunization data collection and Increase utilization of tobacco classes are needed by patients. review to monitor compliance for cessation materials. >75% of patients under the age of Send staff to Tobacco Cessation 3 years . Training. • Increase utilization of tobacco Identify materials that can be used cessation materials . with adult patients for improving diet • Increase numbers of patients 18+ and physical activity rates. years with documented BMI and

follow up plan to 60%. • Increase numbers of patients 2-17

years with documented BMI and follow up plan to 3 5%.

Work with personnel specialist to • Incorporate educational modules into • Reflect a decrease in tobacco use incorporate KU educational modules new clinical staff orientation on a at the county level. %to be into new employee orientation. monthly basis for each new hire to determined through CHIP process. Schedule tobacco cessation pilot view as appropriate by position. • Utilize KHIN interface for classes to determine usage. • Work with CHIP to decrease tobacco immunization data collection and Participate in development of use . review to monitor compliance for community health improvement >95% of patients under the age of planning (CHIP) with the Healthy 3 years. Shawnee County Task Force to impact • Improve collection of weight grant measures. and/or BMI measurements by 2%.

• Improve immunization compliance measure to >70%.

---·- ---

Newman, Jo

From: Sent: To:

Cathy Harding [[email protected]] Thursday, June 27, 2013 4:41PM Newman, Jo

Subject: RE: MOU - KHF Mini-grant with SCHA

Yes, you absolutely have authority to make the change you've described below. Thank you!

Cathy Harding Executive Director Kansas Association for the Medically Underserved Topeka, KS 66612 (P) 785.233.8483 ext. 19

From: Newman, Jo [mailto:[email protected]] Sent: Thursday, June 27, 2013 3:57 PM To: Cathy Harding Subject: MOU - KHF Mini-grant with SCHA Importance: High

Cathy, I received the Memorandum of Agreement back from our legal department. The signature blank on the MOU is for the Executive Director/CEO. The signature blank actually should be for the Board of County Commissioners as it is the governing body for the Shawnee County Health Agency. Since you've already signed the MOU, I cannot change the signature blank without your permission.

If you have no objections to this change, please send me an email authorizing me to white-out the original signature blank on the MOU and replace it with the appropriate signature blank for the Board of County Commissioners. Your email will be attached to and become a part ofthat contract.

]o Newman Administration Team Leader Shawnee County Health Agency 1615 SW 8th Ave. Topeka, KS 66606-1633 785-251-2092 785-251-2098 (fax)

++++++CONFIDENTIALITY NOTICE++++++ The information in this e-mail may be confidential or privileged. This e-mail is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this e-mail and its attachments, if any, or the information contained herein is prohibited. If you have received this e-mail in error, please immediately notify the sender by return e-mail and delete this e-mail from your system. Thank You.

1

SHAWNEE COUNTY

PARKS~RECREATJOJ\J

July 8, 2013

TO:

FROM:

RE:


John E. Knight, Directo~ Parks & Recreation

Service Contract- Jarrod Guth (Intended for the Consent Agenda)

SHA w'<EE em '<TY

PARKS & RECREATJOt\

JOH"i E. K:\IGHT

DIRECTOR

3137 SE 29TH ST. TOPD:A. Ks 66605-1885

(785) 251-2600 john.knightllsnco.us

Board of Commissioners approval is requested for the attached Service Contract between Jarrod Guth and Shawnee County. This service contract is for the music entertainment to be provided by Jarrod Guth during the Summer Sunset Concert at Old Prairie Town on July 27, 2013.

The Summer Sunset Concert at Old Prairie Town is an annual concert that attracts approximate

attendance of 100 to 150.

The cost of this service will be $100. There is sufficient funding in the Parks & Recreation

Budget for this request.

JEK/gcl Attachment RL

SHA WNEECOUNTY CONTRACT NO. cJ.Jc/ -2013

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

Tms AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and · -JAI--(LcD b v~-~<\- (Contractor).

1. SERVICES TO BE PERFORMED

Contractor agrees to perform the following services for County:

J - 4 ~ (V\.: ~vv;-f 'S 6-1 @ trl OD. Of}_

This Agreement shall commence on -~"'-L---t 7-l-th , __ 201.2_, and shall end on -.':J lAL 'I , ;n- rb-, 20 l_l_, unless this Agreement is terminated sooner or extended

in accordance with its terms.

2. PAYMENT

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

Task Duties Compensation

/"'-V'-'>1c./\...L.-

I · 4'$"r;t-..~v..~ $-ET Pe (LFuQf'A..fo-........t c.-C .Q ( o l), o_Q

~ ~ $ ~

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

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION

1

- '

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

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

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

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

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

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

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

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

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

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 Form 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,

2

........... ________________ __

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

5. INSURANCE

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

6. OWNERSHIP OF PRODUCTS/DOCUMENTS

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

7. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION.

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

8. ANTI-DISCRIMINATION CLAUSE.

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

3

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

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. DAMAGES. WARRANTIES.

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

11. REPRESENTATIVE'S AUTHORITYTO CONTRACT.

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

12. TERMINATION OF AGREEMENT

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

13. MISCELLANEOUS PROVISIONS

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

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

4

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

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

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

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

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

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

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

ATTEST:

COUNTY

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

____________________ ,Charr

Cynthia A. Beck, Shawnee County Clerk

5

CONTRACTOR

\~ Adl\s I Ill l Sw I"': i"fL: N c ~

\j ~~&\::-!\, \C'::> L< G 0 o4

Date: 'l - 1 - 1 ~

6

......... -----------------Sl-L.;'NNEE COUNTY

PARl<S~RECREATlOf\l

July 8, 2013

TO:

FROM:

RE:


John E. Knight, Director\ Parks & Recreation ;)

Service Contract - Dan Rukes (Intended for the Consent Agenda)

SHA\V:"'EE COL'iTY

PARKS & RECREATlOi'<

JOHl\ E. K"ilGHT

DIRECTOR

3137 SE 29TH ST. TOPEK"\. Ks 66605-1885

(785) 251-2600 john.knight:g snco.us

Board of Commissioners approval is requested for the attached Service Contract between Dan Rukes and Shawnee County. This service contract is for the music entertainment to be provided by Dan Rukes during the Summer Sunset Concert at Old Prairie Town on July 27, 2013.

The Summer Sunset Concert at Old Prairie Town is an annual concert that attracts approximate

attendance of 100 to 150.

The cost of this service will be $100. There is sufficient funding in the Parks & Recreation

Budget for this request.


IIIII~J~u~n~2~8~2~0'1~3pi1~2,:~2~S~ .. ~~~~~~~~~~~~~~~------OSAGE COUNTY HERALD-CHRON 7855284811 ------------~----------~--

.-

SHA W"NEE COUNTY CONTRACT NO. c3~5 -2013

lNDEPE:Nl>E.NT CONTRACTOR AGREEMENT FoR SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COI\-ThUSSIONERS OF THE

CoUNTY OF SHAWNEE, KANSAS (County) and J)lVl 'Rube.-'$ (Contractor).


Contractor agrees to perfonn the following services for County:

f41i!1r&L ru£rW\tt~t.:e.-- ~vi -5& 1/ttdw.t/ SnmnPC~f G~cer1'

This Agreement shall conunence on ~ L;t , _J:l 20 1..:2_, and shall end on :fuJ!i; , J7 , 201~ unleSSiS greement is terminated sooner or extended

in accorda e with its terms.

:L PAYMENT

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


~ q~ »1t~rt~f~ $ eT fl'Jj ~LtJtL(' +SiYl_9 $Joo.~

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

3. INDEPENDENT CQNTRACTOR STATUS AND CERTIFICATION

p.2

Jun 28 2013 12:28 OSAGE COUNTY HERALD-CHRON 7855284811

Contractor :is 2on indeneJ1den1 Contractor, not a Cmmty employee. Contractor's employees m contract oersor.t.TI~! are not Cou .. .--:1ty employees. Contractor and County agree to ilie

"" . . 'l .. 1 ~ follov>'ing rights cm.1S:istent 'i1iith a.'ll independent Contractor re!atlonsmp:

a. Contra<;to:r has h'le righ"t to perform ser.•ices for others during L.'"le 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 thls Agreement vrili be performed.

c. Contractor shaH 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. Contra...""tor will furnish ali equipment anc materials u:serl1o provide tbe services required by this Agreement.

e_ Contractor has the right to hire assistants as subcontractors, or to "USe Contractor's em-pl.Gyees to provide the services required by this Agreement.

f Contractor or Contractor1s employees or contract personnel shall perform t.~e services require-d by this Agreement and Contractor agrees to the faithful performance and delivery of described services in accordance with the time frames contained herein; County shall not h:ire~ supervise or pay a..."'ly assistants to hdp Contractor.

g. Neither Contractor nor Contractor's employees or contract personnel. shall yece-ive any traimng fffim County in the skills necessary to perform fue services -required by this Agreement.

h. County shaH not :re.qui:re Contractor or Contractor's employees or -contact personnel to devote full time to performing the services requir~d by this Agreement.

fttr""Jler, Contractor hereby certifies:

'Th::tt Con~rn,z,tot is not ~n ;;mpioyee of County and thereby Contractor waives any and all claims to benefits. otl:lenvise provided to employees of me County, includmg, but not limited to: medical, dental, or other personal insurance, retirement benefits, 1.memployment benefits, and liability or WQrker's compensation insu.rance.

Contractor must provide f ed.eral. Ta.."{ or Social Security Number on required Form ·w~9.

k That Contractor understands that he/she is solely r·esponsib1e, h"l.dividually for al] taxes and social security payments applicable to money received for s.ervices herein pro·vided. Contractor understands that an JRS Form 1099 wiU be filed bv the Countv for ail oavments received. ~ ., ... ~· .

Contrnctor shaH save, bald harmless, and ]ndemnify County, its officers, agents and emp]oyees, from and against an da:ims, causes of action, Habi!1ties~ expenses and costs,

7

Jun 28 2013 12:26 OSAGE COUNTY H~RALD-CHRON 78bb2B4811

including rea.son.r.ble attomeys1 fees~ for irljury of any person or damage to propcrt;v arising .; • 1... k ..c. d d" ' . )\ 1

• h . ~1.. '·• "' out of, or ccnnecteu w1tu, '\illor_- peuorme . un er to1s .-~greern:ent wmc · n we resUlt oi &"1y

acts or omissions, whether negligent or othenvise, of Contractor, its of.fic:e:rs~ agents, subcontract0rs ()r einp1oyees.

rne County shall not be required to purchase. any insurance against loss or damage tc .any personal pmpert<; to which this contract reJates, nor shaH ili:is contract require the County to establish a "self-insurance" fi.md to protect against any such l-oss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seqJ~ the Contractor shaU bear the risk of any loss m damage to any personal propertj to which Contractor holds title.

6. OW:roi'F.RSIDP OF PRODUCTSIDOCul\IENTS

Contractor hereby assigns to Coun1y all rights to all products, reports, documents, :photographs, videos, data, and drawings produced by Contractor as a resclt of :its services 1o County dm bg the term of ~is Agreement.

7, TER.lVTINATIONDtfE TOLACKO:f:F'Ui'{IJING A:PPRO:PRlATION.

Shawnee County is subject to the Kansas Cash Basis Law. K.S.A 10-llDl et seq. If;. in the judgment of tbe Financial Administrator~ Audii-Fmance Office~ sufficient funds are not appropriated to con:timre the function performed in this agreement and for the payment of tbe charges h ... ereu:nder, 0J1]!!'lty may te1min.ate t.lris agreement at the end of its cu.""Tent :fiscal year. Count'J agrees to give written notice of termination to Contractor at least thirty (30) days prior to the end of its current fisca1 year. Co:D:r:ractor shaH have the right, at the end of such fiscal year, to take possession of any of Contractor's equipment, leased or oilierwise, provided to County under the contract. Cmmty wiB pa:y to tbe Contractor all regular contractual payments incurred through fue end of such fiscal year, plus contractual <:harges incidental to the return of any such equipment. Upon termination of the agreement by County, tit!e to and possession of any equ:lpment purchased by the Count¥ under tile 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 iliis paragraph shall not cause any penalty to be charged to the County or the Contractor.

8. ANTl-DISCRll"'Yllt""'ATION CLAUSE.

The Contractor agre~s; (a) to comply with t.1:le Kansas A,c1 Against Discrimination (K.S.A "!~-1 001 et seq.) and the Kansas Age Dis...iiminativn in Employment Act, {K.S.A. 44-1111 et seq.) and the applicable provisions of me Americans 'Wjtb Disabillties Act (42 U.S.C. 12101 et seq.) [ADA] and to not discrimin.ate against any person because of race, religion, color, sex .• disability, national origin or ancestry, or age in tl1e admission. of access to or treatment or employment in, its programs or activities; (b) to include i:n ali solicitations or advertisements for employees, the phrase "'equal opp.ortu,...;ty emp~oyer"; (c) to comply with the reporting requirements set out in K.S.A. 44 W31 and K.S.A 44-1116; (d) to include those provisions in ~very subcontract or purcbase order so that they are binding upon such

p.4

subccntr;;cto:r or vendor; {e) that a fa:iJu.re to wmp1y 'flrili fue reporting r;;quirements of {c) above or if the Contractor is found guilty of ~ny violation of sucb acts by the K&l..Sas H11man R-ig'hts O:nn:mis&ion, such violation shall {;onsrimte a bre.ach of co.ntrac!~ (f) if the contracting agency determines ttat the Contractor has -vioiared appli;:able pmvisions of ADA, that violation shall ccnstitute a breach of contract; (g) if (e) or (f) cccu.:.-.os, the c-ontract may he canceHa::cl, terminated or suspended in whole or in p.art by the Count:,;. Parties to this contract understand that subsec1ions (b) through {e) of this paragraph number 5 at-e not applicable to a Contractor who employs fewer than four employees or whose contract vv-ith the County totals $5,()00 o:r less daring thls fiscal year.

9. ACCEPTANCE OF CO~!RACT.

This contract shall not be considered accepted, approved or othe.r;vise effective until th~ requtred approvals an.d certifications hav~ been given a:nd this is signed by the Board of Counts Commissioners of the County of Shavvnee, Kansas.

10. ARBITRATION, DANL.~GES. "WARRANTIES.

Not-.vithsmnding any language to the contrary, no interpretation shaH be .allowed to find the County has ag:r~d to binding arbitration, or the payment of damages Dr penalties upon the occmrence of a contingency. Further, the County shaH not agree to pa.y attorney fees and late payment charges; a:nrl no previsions wiU he given effect which attempts to exclude, modizy, disclaim o:r otherwise attempt to limit implied warranties of merchantabi1Hy and fitness for a particular purpose.

1 L J.U:PRES.ID'l)'ATIVE'S A:UTIIORJTY TO CO'J\i,TRACT.

By signing this document, the repr~s~ntatiYe of the Contractor thereby represents that su.ch person is duay auth.orizerl by the C{)ntractor to execute this document on heha1f of the Contractor and that u'1e Contractor agrees to be bound by the provisions thereof.

12. TERMINATION OF AGREEl\'IEl\!1

This Agreement may be terminated by either party by giving the other party wriuen notice of the intent to tenninate. The notice must specify a date upon which the termination wi11 be effective, which date may not be less than 7 calen.dar days :from the date of mailing the notice. Only serv·icea satisfactorily performed up 10 the date of receipt of notice shall be compensated by County and Sl.H.:h compensation shan be pursuant to the tenns of this Agreement. Notice shall be dern1ed received 3 days after mailing in the Uniterl States mail, using first class mail, p'(Jstage prepaid.

13. 1\>!ISCELLAN:EOUS PRO\o'1SlON~

a. This Agreement shall b~ enter~ into in Shawnee County, K:.m.sas~ and shall be construed and interpreted according to the law of1he State ofKansas.

b. All not)ces and other commw"1kation& in connection '.vith this Agreem~nt shan be in writing and shaH be considered given 3 days after lUailing in t.he United

Stetes mail, using f~<St class mail, JJD'tage prepaid, lll i'he recipient's urldress as

staten )n tbis Agree-went c. Contractor shall cllP'Jll:Y wli'h ail federal, state and local laws n:qui;'i11g business

pencits, certificates and lice11ses required to cany out the services to be

performed undern1is Agre:emen't. 0. Contractor ma;~ Jl.Ot assign any <ig.'>Js or obligations under this Agroement

without County's prior written :appro<~aL e. This Agro.mentc<m'titutes the entire agroement between the pfu-ties and =Y

only be modified or extendurl by a written amendment signed by the parties

hereto. f The invalidity, il\egalily, or unenfi>roeability of any prevision ofll-~s Agreement

or !he occurrence of any event rendering any portion or pro"ision of this Agreement void .shall in oo way affect !he validity or enforceability of any olher portion or provii\lon of this Agreement. Any void provision si>.all be deetr.erl severed from tl.is Agreement, ood the balance of this Agreement shall be constrned and '~forced as if this Agreement did not eon!ain the particulaz

11ortion or provi-s.ion held to be void. g, Nothing in thi!(Agreement slWl be construed to give liDY rights or benefits to

a."'lyone other tlM:ID County and Contractor.

IN WITNESS WJHCREOF, County and Conrraotor have executed this A.,.eement. - ~ COUN"'TY

BOARii OF COUNTY CO~P.IUSSIONE.RS SH-.1\. "'t-VNE'E COUNTY, KA..~SAS

_______________________ ,Chmr

Cynthia A. Beck, Sha-.,.vnee County Clerk

Aop"ov::~ · , L _ ' . '- ,:_a 2s ,o egality .~mel t-orm: Date -; J -n

~ ...... .-;-~-

p.l

OSAGE ECUMTY HERRLD-CHRON

Dat.e:

i I t./_.,a.ll~ v; ;t..J;.L 1 t. . ..J

I

7855284811

SHAWNEE COUNl"Y

RKS~RECREATI

July 2, 2013

TO:

FROM:

RE:

Board of Commissioners Shawnee County ,\

John E. Knight, Director J Parks & Recreation ·

Service Contract- Wyndi Senogles (Intended for the Consent Agenda)

SHA\Y:"iEE COL'-T'l

PARKS & RECREA TJO"i

JOH-:\ E. K'-ilGHT

Dl::ZECTOR

~113 7 SE 29TII ST. TOPEKA. h.S 66605-1885

(785) 251-2600 john.knightr~ snco.us

Board of Commissioners approval is requested for the attached Service Contract between Wyndi Senogles and Shawnee County. This service contract is for the music entertainment to be provided by Wyndi Senogles during the Summer Sunset Concert at Old Prairie Town on July 27,

2013.

The Summer Sunset Concert at Old Prairie Town is an annual concert that attracts approximate attendance of 100 to 150.

The cost of this service will be $100. There is sufficient funding in the Parks & Recreation Budget for this request.


SHA 'VNEE COUNTY CONTRACT NO. C iJt -2013

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and _·_·...:........,---'---.,.,---'~---(Contractor).


Contractor agrees to perform the following services for County:

Cof\cec±=

Thi~ Agreement shall . C<?mmence on · ; , . ~: · 201 .'"3 , and shall end on ~ : __ , .. ;7- , 20 1_:;, unless this Agreement is terminated sooner or extended

in accordance with its terms.

2. PAYMENT

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


•'. .. Q(\e_ $ 'c

I~ - - r ~·· -- i

45 f(\d\<.A+e. .

·_.-' ' ',' .... ,,~-

_,., ·- ; -.,. -- l

Plcxy ~ ~i~ rnw.-~~~ o.+ o~~ ?rct.tr~~IC<.AJfl-S ~me_r Co{\(f<..J +-

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

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION

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 performed.

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 materials used to provide the services required by this Agreement.

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

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

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

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

Further, Contractor hereby certifies:

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

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

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

4. INDEMNIFICATION AND HOLD HARl"VILESS

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

2

acts or om1ss1ons, 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. OWNERSHIP OF 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 term of this Agreement.

7. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION.

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

8. ANTI-DISCRIMINATION CLAUSE.

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

3

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

9. ACCEPTANCE OF CONTRACT.

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

10. ARBITRATION, DAMAGES, WARRANTIES.

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

11. REPRESENTATIVE'S AUTHORITY TO CONTRACT.

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

12. TERMINATION OF AGREEMENT

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

13. MISCELLANEOUS PROVISIONS

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

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

4

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

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

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

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

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

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

ll~ 'WITNESS 'VHEREOF, County and Contractor have executed this Agreement.

ATTEST:

COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

___________________ ,Chair

Cynthia A Beck, Shawnee County Clerk

CONTRACTOR

-~ -,

Date: ._r ' /-, ----~~--~~~,/ ________________ _

5

......... ------------------Shawnee County

Office of County Counselor RICHARD V. ECKERT County Counselor

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

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

Fax (785) 291-4902

MEMORANDUM

TO:

FROM:

DATE:

Board of Shawnee County Commissioners () rJ / James M. Crowl, Assistant Shawnee County Counselor (J { L(l

July 8, 2013

RE: Approval of Settlement Agreement with Thomas L. Heikes

Please place this item on the Consent Agenda for the Thursday, July 11,2013 meeting.

The Shawnee County Counselor's Office recommends approval of the attached Settlement Agreement in order to resolve all issues related to Shawnee County Case No. 09-C-1196. The Settlement Agreement provides for a $70,000.00 payment to Thomas L. Heikes in exchange for a final settlement of all claims that have been asserted against Shawnee County in that litigation.

If you have any questions or concerns prior to the meeting, please feel free to contact Rich

Eckert or me at extension 4042.

JMC/mlb

Attachment

c: Mr. Richard V. Eckert, Shawnee County Counselor

SETTLEMENT AGREEMENT AND RELEASE

This Agreement is between Thomas L. Heikes, (referred to in this Agreement as

"Plaintiff'), and The Board of County Commissioners of the County of Shawnee, Kansas

(referred to in this Agreement as "Defendant").

1. PURPOSE

The Plaintiff filed a lawsuit in Shawnee County, Kansas District Court, against the

Defendant, specifically captioned, Thomas L. Heikes vs. Shawnee County, By And Through The

Board of County Commissioners, Case No. 09-C-1196 (referred to in this Agreement as

"lawsuit"). The Plaintiff, in the lawsuit, asserts negligence claims against the Defendant arising

out of injuries he sustained on a path near Lake Shawnee which occurred on or about August 2,

2007.

The Plaintiff and the Defendant desire to provide for a settlement of the lawsuit, and to

resolve any and all claims and controversies that may exist between them as a result of the events

described in the Plaintiff's petition, thus avoiding the time, expense and vexation of protracted

and contested litigation. They have therefore agreed to a resolution as set forth in this

agreement.

2. CONSIDERATION

The consideration to be provided by the Defendant for the release, waiver, and other

promises and commitments by the Plaintiff contained in this Agreement is the. payment of

Seventy Thousand Dollars and Zero Cents ($70,000.00).

Settlement Agreement and Release Page II

3. ACKNOWLEDGMENT AND REPRESENTATION BY THE PLAINTIFF

The Plaintiff acknowledges that he can only receive the payment described in paragraph

2 of this Agreement if he accepts this Agreement and abides by the terms of this Agreement. By

signing this Agreement, the Plaintiff further acknowledges that he has been given a reasonable

amount of time to study and consider whether to accept the settlement reflected in this

Agreement. Plaintiff also acknowledges that he has been advised by and has consulted with his

own attorney regarding this Agreement.

4. RELEASE AND WAIVER OF CLAIMS BY THE PLAINTIFF.

The Plaintiff releases and forever discharges the Defendant, and any and all of its

successors, assigns, past and present employees, officers, subsidiaries, divisions, agents,

affiliates, and attorneys from any and all claims, demands, suits, or causes of action of any nature

whatsoever; including claims for attorney fees; whether now known or hereinafter discovered

regarding the events of described in the lawsuit. Without limiting in any way the generality of

the foregoing general release, the Plaintiff specifically acknowledges and agrees that this release

and discharge includes any and all claims that relate in any way to the events of August 2, 2007,

and any injuries that may have been suffered by the Plaintiff, including but not limited to any

claims for past and future medical expenses, pain and suffering, lost wages, diminished earning

capacity and/or permanent disfigurement.

The parties acknowledge that if Medicare or any other insurer or third party has paid a

portion of the Plaintiff's medical expenses, the Plaintiff agrees that he is solely responsible for

payment of all outstanding medical liens. The Plaintiff agrees to indemnify and hold Defendant

harmless from any claim for any unreimbursed payment of any medical liens (specifically

including any Medicare claims).

Settlement Agreement and Release Page 12

The Plaintiff understands and agrees that by accepting and signing this Agreement, he is

forever giving up and waiving any claims he may have against the Defendant, and the others

described above, for any conduct or omission relating in any way to the events of August 2,

2007.

By waiving and giving up such claims and rights, the Plaintiff understands and agrees he

is releasing Defendant from any liability or obligation for any expenses, damage, loss, or injury,

he might have claimed or suffered based on, among other things, the following:

a. Any policy, practice, contract, or agreement of the Defendant;

b. Any tort or personal injury;

c. Any laws governing violation of an individual's constitutional rights;

d. Any laws that provide for punitive, exemplary or statutory damages or penalties; and

e. Any laws or agreements that provide for payment of interest, attorney fees, costs, or

expenses.

The Plaintiff agrees to immediately withdraw and dismiss with prejudice all claims

against the Defendant, including but not limited to withdrawal, discontinuance, and dismissal of

her lawsuit filed in the District Court of Shawnee County, Kansas. The Plaintiff agrees to

execute all documents necessary to effectuate a dismissal with prejudice of all such claims and

charges.

5. NON-ADMISSION OF LIABILITY

The Plaintiff acknowledges and agrees that neither the payment reflected in this

Agreement, nor the settlement of the lawsuit, nor anything in this Agreement, is meant to suggest

that the Defendant has violated any law or that the Plaintiff has any valid claim against the

Defendant. The Plaintiff acknowledges and agrees that the Defendant does not admit to any

wrongdoing of any nature and admits no liability for any of the allegations made by the Plaintiff.

Settlement Agreement and Release Pagei3

6. ENTIRE AGREEMENT

The Plaintiffs acknowledge and agree that this document accurately and completely

contains the entire agreement between the Plaintiff and the Defendant. The Plaintiff

acknowledges that no other promise or agreement of any kind has been made to or with him by

any person or entity whatsoever to cause him to sign this Agreement.

7. GOVERNINGLAW

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

State of Kansas.

8. FINAL AND BINDING EFFECT

The Plaintiff understands that upon signing of this Agreement, the terms and promises

stated in this Agreement are an actual contract, and not a mere recital of intent. The Plaintiff

understands that by signing this Agreement, he may be giving up legal rights.

9. NO REPRESENTATIONS BY DEFENDANT

The Plaintiff acknowledges and agrees that in signing this Agreement he is not relying on

any statements or representations made by the Defendant or any of its agents or attorneys; but is

relying upon the Plaintiff's own individual judgment and advice of his own attorney.

10. VOLUNTARY AGREEMENT

By signing this Agreement, the Plaintiff represents that he has carefully read this entire

document and fully understands all of its terms and conditions. The Plaintiff acknowledges that

he is not coerced into signing this Agreement, and that he has entered into this Agreement

knowingly and voluntarily, and is signing this Agreement ofher own free will.

Thomas L. Heikes

Settlement Agreement and Release Pagel4

ACKNOWLEDGMENT

STATE OF ss:

COUNTY OF

On this P day of , 2013, before me personally appeared Thomas L. Heikes, to me known e person described herein and who executed the foregoing instrument and acknowledged that he vo · executed the same.

~ LanaJ. 4L Beseau-Johnson

NOTMY "-le-STATE OF KANSAS MY APPT EXP:

My Appointment Expires:

ACKNOWLEDGMENT BY COUNSEL FOR PLAINTIFF

As attorney and counsel for the Plaintiff, the undersigned attorney acknowledges that he

and his client has had a reasonable time to review and consider this Settlement Agreement and

Release; that he has carefully reviewed it with the Plaintiff; and that he has provided advice to

the Plaintiff about the same prior to signing this Agreement.

William J. Pauzauskie

Settlement Agreement and Release Page 15

STATE OF

COUNTY OF

Michele A. Buhler, Chair Board of Commissioners for Shawnee County, Kansas

ACKNOWLEDGMENT

) ) ss: )

On this day of , 2013, before me personally appeared Michele A. Buhler, Chair of the Board of Commissioners for Shawnee County, Kansas, to me known to be the person described herein and who executed the foregoing instrument and acknowledged that he voluntarily executed the same.

My Appointment Expires:

STATE OF

COUNTY OF

Notary Public

ard V. Eckert, # 1623 5 Attorney for Board of Commissioners of Shawnee County, Kansas

ACKNOWLEDGMENT

) ) ss: )

o.\..Y\. -- \ On this T day of } U ~ , 2013, before me personally appeared Richard V. Eckert, Attorney for the Bo d of Commissioners for Shawnee County, Kansas, to me known to be the person described herein and who executed the foregoing instrument and acknowledged that he/he voluntarily executed the same. 0 ""

.... Megan L. Barrett ~ot-:~ NDTAII'f PUILiC STA E OF KANSAS Not ublic MViPPT ptSI

***end of document***

Settlement Agreement and Release Page !6

I ·~.

Shawnee County

Office of County Clerk CYNTHIA A. BECK

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

MEMORANDUM

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

TO: Board of County~o issioners . )

Cynthia A. Beck~ unty Clerk FROM:

DATE: July 8, 2013

RE: Consent Agenda

Please consider approval of the annual contract with Century United Companies, Inc. in the amount of $2, 081.50 for a copier in the County Clerk's Office. This amount reflects a decrease from the 2012 amount of $2,817.05.

Funds are available in my 2013 budget.

Thank you.

CAB/clh

Attachment

'f/n/ury united COMPANIES, INC.

Bill To: Shawnee County Clerk 200 SE 7th, Room 107 Topeka, KS 66603 USA

Summary:

Contract base rate charge for the 07/01/2013 to 06/30/2014 billing period

*Sum of equipment base charges

Detail:

Equipmentincluded under this contract

Savin/9060

Number Serial Number --------ST1579 V6995701196

Savin/ Print/Scan

Number Serial Number --------ST1579·05 A13493


Thank you for your business!

Please visit our website: www .centuryunited.com

State of Kansas Contract #12156

CONTRACT INVOICE

Invoice Number: 285785

07/01/2013

Customer: Shawnee County Clerk

200 SE 7th, Room 107 Topeka, KS 66603

Invoice Date:

$2,081.50.

$2,081.50

Base Charge _L_oca_tlo_n _______________ _

$1,743.06 Shawnee County Clerk 200 SE 7th, Room 107 Topeka, KS 66603 1st Floor

Base Charge _L_oca_tl_o_n _______________ _

$338.44 Shawnee County Clerk 200 SE 7th, Room 107 Topeka, KS 66603

Invoice SubTotal $2,081.50

Tax: _____ .;..$O_.oo_

Invoice Total $2,081.50

Balance Due: $2,081.50

Please remit to: PO Box 2459 Topeka, Kansas 66601 (785) 267-4555 Page I of I

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

Shawnee County

Office of County Clerk CYNTHIA A. BECK

;rc: !I

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

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

TO:

FROM:

DATE:

RE:

MEMORANDUM

Board of county_J~Tissioners

Cynthia A. Beck~ounty Clerk

July 8, 2013

2014 Benefit Cost Unemployment Rate

Please acknowledge receipt of the 2014 Unemployment Rate Notice from the Kansas

Labor.

Benefit Cost Department of

The current benefit cost unemployment rate is 0.26 percent. The benefit cost rate for the year 2014 is 0. 35 percent. The new rate will apply to wages paid during the 2014

calendar year.

CAB/clh

Attachments

cc: Jonathan Thummel, Human Resources Director Betty Greiner, Financial Administrator Christopher Gosser, Lead Programmer

Contributions 401 SW Topeka Blvd. Topeka, KS 66603-3182

Lana Gordon, Secretary

June 27, 2013

Subject: 2014 Benefit Cost Rate

Dear Employer:

Department of Labor

Phone: (785) 296-5027 Fax: (785) 291-3425

[email protected] www.dol.ks.gov

Sam Brownback, Governor

Your 2014 Benefit Cost Rate Notice is enclosed. Please note: you will not be taxed at the rate shown on your notice until the first quarter of 2014. We are providing it to you at this time to help you prepare your budget.

The method for computing the benefit cost rate for rated governmental employers is explained in K.S.A. 44-710d of the Kansas Employment Security Law. Your rate was computed by dividing the benefits charged to your account for the fiscal year ending March 31, 2013, by the average of the wages you paid for two fiscal years ending March 31, 2013. This formula provides the actual individual benefit cost rate or "experience factor" as shown on your rate notice. The experience factor does not take into consideration all of the benefits paid to employees of rated governmental employers that were not charged to any individual employer's account.

Since these non-charges were paid out of the general unemployment fund, an adjustment has to be made to each employer's rate to reimburse the fund for these payments. This is the "adjustment factor" listed on the rate notice. The adjustment factor is the same for all eligible rated governmental employers. The factor is computed by dividing benefits paid by benefits charged to all rated governmental employers. The adjustment factor for 2014 is 1.30. This means that benefits paid were 1.30 times the benefits charged; therefore, your individual rate was adjusted upward accordingly.

Your enclosed notice will list benefits charged to your account during the past fiscal year. If you have any questions regarding your benefit charges or you wish to request a review and redetermination, please direct your correspondence and any supporting documentation to:

Kansas Department of Labor Attention: Benefit Inquiries 401 SW Topeka Blvd. Topeka, KS 66603-3182

If you have made payments under the rated governmental payment option for at least four complete calendar years, you may change your payment option. If a change is desired, you must file a written notice with this agency terminating the rated governmental option. This notice must be filed no later than Dec. 1, 2013.

If you have any questions regarding the computation of your 2014 Benefit Cost Rate or your eligibility for changing your payment option, please contact the field representative whose name and phone number are listed on your rate notice, or contact Contributions staff at (785) 296-5027.

Enclosure

KANSAS DEPARTMENT OF LABOR

401 S.W. Topeka Boulevard Topeka, Kansas 66603-3182

SHAWNEE COUNTY CLERK SHAWNEE COUNTY 200 SE 7TH ST STE 107 TOPEKA KS 66603-3959

2014 BENEFIT COST RATE

NOTICE

DATEMAILED: 06-27-2013

ACCOUNT NO.: 13 6 6 3 8

THIS NOTICE IS A DETERMINATION OF YOUR BENEFIT COST RATE FOR THE CALENDAR YEAR 2014. YOUR RATE WILL BE 0.35 PERCENT OF TOTAL WAGES PAID DURING CALENDAR YEAR 2014. THIS RATE WAS BASED UPON THE COMPUTATION SHOWN BELOW.

WAGES PAID FY AVERAGE WAGES WAGES PAID FY ENDING 3-31-2012

$47,156,248. added

TO ENDING 3-31-2013

$47,825,128. EQUALS FOR LAST 2 FY YEARS

$47,490,688.78

AVERAGE WAGES PAID BENEFITS CHARGED DURING FY ENDED 3-31-2013 divided 2 PRIOR FY ENDED 3-31-2013

EXPERIENCE FACTOR

.0027 $126,245.53 by $47,490,688.78 EQUALS

EXPERIENCE FACTOR MULTIPLIED

.0027 BY

ADJUSTMENT FACTOR 1.30 EQUALS

APPEAL RIGHTS

YOUR 2014 BENEFIT COST RATE

0 . 3 5 PERCENT

THIS DETERMINATION OF YOUR BENEFIT COST RATE FOR 2014 SHALL BECOME CONCLUSIVE AND BINDING UNLESS WITHIN 15 DAYS AFTER MAILING DATE SHOWN ABOVE, YOU FILE A WRITTEN REQUEST FOR REVIEW AND REDETERMINATION SETTING FORTH REASONS THEREFORE AS PROVIDED FOR. IN SECTION 44 -7.10b (a) OF THE KANSAS EMPLOYMENT SECURITY LAW.

IF YOU HAVE ANY QUESTIONS REGARDING YOUR RATE PLEASE CALL YOUR FIELD REPRESENTATIVE: KELLY ALEXANDER IN TOPEKA, KS AT 785-296-5000 EXT 2715

THE BENEFIT CHARGES ASSESSED TO YOUR ACCOUNT DURING THE FISCAL YEAR ENDED MARCH 31, 2013 ARE:

YOUR CHARGES ARE ON THE BACK SIDE

Shawnee County Office of County Treasurer

LARRY MAH Room 101, Courthouse, Topeka, Kansas 66603

Phone 785-233-8200 Ext. 5161 http://www.co.shawnee.ks.us

RESOLUTION No.1~JJ·Sf BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY,

KANSAS sitting in regular session this 11th day of July, 2013, that the Shawnee County Treasurer be

authorized and directed to cancel the following check(s):

NAME OF VENDOR Terry A. Webb

REASON

FUND 75rHooo

Incorrect address due to clerical error.

CHECK 20001650

AMOUNT $28.09

ISSUED 5/23/2013

Also authorize there-issuance of said check(s) as follows:

NAME OF VENDOR Terry A Webb

ATTEST:

Cynthia A. Beck, County Clerk

AMOUNT $28.09



Robert E. Archer, Vice Chair

Kevin J. Cook, Member

51

, ......

STATE11ENT AND STOP PAYMENT ON LOST CHECK CHAPTER 65 L 1970

)

-~ r .· LG~ebh . t_ v ~(Lj -./ States that he/she resides at ·

/)· n; Lcr f)hc.y l"j r -Li I r . . . . . .· LJ.t .. ~>D c; k> c?/ 331 · in the city of Lq iJ..)1-er1C/, J/5 and is the owner and

:;

entitled to the possession of a certain check issued by the County of Shawnee, State of

Kansas, through the county treasurer of said county, Dated 5/ ?. :;L

numbered &{coo I ~.cso in the amount of$ ~8 0/

Affiant further states that on about the - lc-~ I C-1- Z D /3 day of

201Jand

____ 20_, said check was lost, destroyed or stolen in the following manner: . .

. '

··_ rreut.>·

·Affiant further state.s that he/she ha:s not disposed of said check to any other

_personorper~ons, nor given anypersonor persons any transfer, power of attom~y, order

··.·.or authority of any kind of nature to transfer or dispose ofthe _said check; andfurtber __ .;. -~

· states that he/she makes this statement of the above facts, for the purpose of inducing the

said county treasurer to issue to this affiant a duplicate check in place ofthe said check

above described and numbered.

State ofKansas County of Shavro~e County

ff-OAVt~

Subscribed and sworn before me thi~i.:.+J-day of

My commission expires: .3 (5 I .;t D t q

Notary Public State of Kansas · ·

My Commission Expires 5!5 \~tl 1 '-l

>-'".

County Of Shawnee

Open Hold Distribution Detail

From 01/01/2013 to 07/03/2013

Batch ID Vendor ID Vendor Name PO No. PR No. Invoice No.

Q3LA522G 0042074 WEBB, TERRY A INV042054

User: HALDERCA- Cassie Halderman Page:1 Report:AP _OHDTL_DD_TAM- AP: Open Hold Detail Report-Drill Down

Post Date GL Account Code Check No.

05/23/2013 GL 75TH000-50705 AP 20001650

Transaction Amount

28.09

Total for Batch Q3LA522G: 28.09

Report Total: 28.09

07/03/2013:Current Date 15:28:29 :Current Time

SHAW1004

Bank ID:

Account Number:

Serial Number:

Amount:

Reason: Additional Data: Memo: Response:

Event

Entered Approved In Process Confirmed

20001650

User

CAS SAND CAS SAND SYSTEM SYSTEM

Total For Account: 1

Total Place Stops: 1

28.09

User Group

SHAW1004 SHAW1004

Place Stop

Bank Name:

Account Name:

Range:

Check Issue Date:

Stop Duration:

Date/Time

UMB Bank, n.a.

Operating CDA

20001650

24-May-2013

12 Months

03-Jul-2013 03:36:21 PM 03-Jul-2013 03:36:21 PM

03-Jul-2013 03:37:32 PM

3-Jul-2013 3:38:15 PM

Page 1 of 1

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

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

Date: July 81h, 2013

To:

From:

RE:

Board of County Commissioners 4fJ Betty Greiner, Financial Administrator Y/ f Authorization of issuance of Shawnee County Credit Cards

Shawnee County

AUDIT -FINANCE OFFICE Suite 201, Courthouse

200 SE 7th Street Topeka, KS 66603-3903

Please consider for approval the attached resolution(s) concerning the issuance of Shawnee County credit card( s) for official business for the Shawnee County Health Agency.

fax 785-291-4941 phone 785-233-8200 Ext 4076

RESOLUTION NO. 2011._- /,()

A RESOLUTION AUTHORIZING THE ISSUANCE OF A SHAWNEE COUNTY CREDIT CARD FOR OFFICIAL BUSINESS

WHEREAS, Laura Zembal, an employee of SCHA has made proper application for the

issuance of a Shawnee County credit card for official business; and

WHEREAS, the Purchasing Director and the Audit Finance Administrator have

determined that Ms. Zembal has demonstrated the need for a Shawnee County credit card for

official business; and

WHEREAS, the County Clerk and the Audit Finance Administrator recommend

approval ofMs. Zembal's application for a Shawnee County credit card for official business;

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

Kansas, sitting in regular session on this __ day of July, 2013, resolves to authorize Ms.

Zembal to obtain and use a Shawnee County credit card for official business only, subject to the

normal purchasing procedures as set forth in Home Rule Resolution No. HR-2011-9, as

amended. This authorization is automatically withdrawn and revoked upon the cessation of Ms.

Zembal's employment with SCHA, and upon such occurrence, she shall immediately return any

Shawnee County credit card in her possession to her supervisor or the Audit Finance

Administrator.

ATTEST:




Robert E. Archer, Vice-Chair


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

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

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

Date __ CD_/_l_h-=-3 __

RESOLUTION NO. 201 3- fLi_ A RESOLUTION AUTHORIZING THE ISSUANCE OF A SHAWNEE COUNTY

CREDIT CARD FOR OFFICIAL BUSINESS

WHEREAS, Jennifer Zeller, an employee of SCHA has made proper application for the



determined that Ms. Zeller has demonstrated the need for a Shawnee County credit card for



approval of Ms. Zeller's application for a Shawnee County credit card for official business;


f$.ansas, sitting in regular session on this __ day of July, 2013, resolves to authorize Ms. Zeller

to obtain and use a Shawnee County credit card for official business only, subject to the normal

purchasing procedures as set forth in Home Rule Resolution No. HR-2011-9, as amended. This

authorization is automatically withdrawn and revoked upon the cessation of Ms. Zeller's

employment with SCHA, and upon such occurrence, she shall immediately return any Shawnee

County credit card in her possession to her supervisor or the Audit Finance Administrator.

ATTEST:


BOARD OF COUNTY COMMISSIONERS SHAWNEE ~OUNTY, KANSAS







Date

RESOLUTION NO. 201 _3_- (e, ~ A RESOLUTION AUTHORIZING THE ISSUANCE OF A SHAWNEE COUNTY CREDIT

CARD FOR OFFICIAL BUSINESS

WHEREAS, Alice Weingartner, an employee of SCHA has made proper application for the


WHEREAS, the Purchasing Director and the Audit Finance Administrator have determined that

Ms. Weingartner has demonstrated the need for a Shawnee County credit card for official business; and

WHEREAS, the County Clerk and the Audit Finance Administrator recommend approval of Ms.

Weingartner's application for a Shawnee County credit card for official business;

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

sitting in regular session on this __ day of July, 2013, resolves to authorize Ms. Weingartner to obtain

and use a Shawnee County credit card for official business only, subject to the normal purchasing

procedures as set forth in Home Rule Resolution No. HR-2011-9, as amended. This authorization is

automatically withdrawn and revoked upon the cessation of Ms. Weingartner's employment with SCHA,

and upon such occurrence, she shall immediately return any Shawnee County credit card in her

possession to his supervisor or the Audit Finance Administrator.

ATTEST:









h~&IJ~~ Alice Weingartner, SCHA

Date_&;_, .f-j_;o_L/_;_1_~---

RESOLUTION NO. 201_)_-itJ._


WHEREAS, Allison Alejos, an employee of SCHA has made proper application for the



determined that Ms. Alejos has demonstrated the need for a Shawnee County credit card for



approval of Ms. Alejos's application for a Shawnee County credit card for official business;


Kansas, sitting in regular session on this __ day of July, 2013, resolves to authorize Ms. Alejos


purchasing procedures as set forth in Home Rule ,Resolution No. HR-2011-9, as amended. This

authorization is automatically withdrawn and revoked upon the cessation of Ms. Alejos's



ATTEST:









Allison Alejos, SCHA 0

RESOLUTION NO. 201..3_ -lt.i A RESOLUTION AUTHORIZING THE ISSUANCE OF A SHAWNEE COUNTY


WHEREAS, Diane Hemy, an employee of SCHA has made proper application for the



determined that Ms. Hemy has demonstrated the need for a Shawnee County credit card for



approval of Ms. Hemy's application for a Shawnee County credit card for official business;

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

Kansas, sitting in regular session on this __ day of July, 2013, resolves to authorize Ms. Henry



authorization is automatically withdrawn and revoked upon the cessation of Ms. Hemy's



ATTEST:









RESOLUTION NO. 2013-- ~s A RESOLUTION AUTHORIZING THE ISSUANCE OF A SHAWNEE COUNTY


WHEREAS, Charles McPeek, an employee of SCHA has made proper application for

the issuance of a Shawnee County credit card for official business; and


determined that Mr. McPeek has demonstrated the need for a Shawnee County credit card for



approval of Mr. McPeek's application for a Shawnee County credit card for official business;


Kansas, sitting in regular session on this __ day of July, 2013, resolves to authorize Mr.

McPeek to obtain and use a Shawnee County credit card for official business only, subject to the

normal purchasing procedures as set forth in Horne Rule Resolution No. HR-2011-9, as

amended. This authorization is automatically withdrawn and revoked upon the cessation of Mr.

McPeeks's employment with SCHA, and upon such occurrence, he shall immediately return any

Shawnee County credit card in his possession to his supervisor or the Audit Finance

Administrator.

ATTEST:









~eM Charles McPeek, SCHA

Date 0- /o-/.s

RESOLUTION NO. 201L- _fLL


WHEREAS, Clara Norris, an employee of SCHA has made proper application for the



determined that Ms. Norris has demonstrated the need for a Shawnee County credit card for



approval of Ms. Norris's application for a Shawnee County credit card for official business;


Kansas, sitting in regular session on this __ day of July, 2013, resolves to authorize Ms. Norris



authorization is automatically withdrawn and revoked upon the cessation of Ms.Norris's



ATTEST:







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


:PML·~ ara Noms, SCHA

RESOLUTION NO. 201.1._- .k1_ A RESOLUTION AUTHORIZING THE ISSUANCE OF A SHAWNEE COUNTY


WHEREAS, Eleanor Shughart, an employee of SCHA has made proper application for

the issuance of a Shawnee County credit card for official business; and


determined that Ms. Shughart has demonstrated the need for a Shawnee County credit card for



approval of Ms. Shughart's application for a Shawnee County credit card for official business;

NOW THEREFORE, the Board of County C<;>mmissioners of the County of Shawnee,

Kansas, sitting in regular session on this day of July, 2013, resolves to authorize Ms.

Shughart to obtain and use a Shawnee County credit card for official business only, subject to the


amended. This authorization is automatically withdrawn and revoked upon the cessation of Ms.

Shughart's employment with SCHA, and upon such occurrence, she shall immediately return any

Shawnee County credit card in her possession to her supervisor or the Audit Finance

Administrator.

ATTEST:






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

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



~A~ Date lDI \OI\'6 Eleanor Shughart, SCHA

RESOLUTION NO. 2017 -K A RESOLUTION AUTHORIZING THE ISSUANCE OF A SHAWNEE COUNTY


WHEREAS, Brett Starbuck, an employee of SCHA has made proper application for the



determined that Mr. Starbuck has demonstrated the need for a Shawnee County credit card for



approval ofMr. Starkbuck's application for a Shawnee County credit card for official business;


Kansas, sitting in regular session on this __ day of July, 2013, resolves to authorize Mr.

Starbuck to obtain and use a Shawnee County credit card for official business only, subject to the


amended. This authorization is automatically withdrawn and revoked upon the cessation of Mr.

Starbuck's employment with SCHA, and upon such occurrence, he shall immediately return any

Shawnee County credit card in his possession to his supervisor or the Audit Finance

Administrator.

ATTEST:








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

Date 01 JutJ I .3-

July 8, 2013

TO:

FROM:

RE:

Shawnee County Health Agency 1615 SW 81

h Avenue- Topeka, Kansas 66606-1688 Ph. (785) 368-2000 Fax (785) 368-2098

www .shawneehealth .org



Alice Weingartner .J lrJ / LLOv Director, Community Health Center

CONSENT AGENDA - Renew Regional Public Health Emergency Preparedness Contract

Action Requested: Approval to renew the Public Health Emergency Preparedness Regionalization CoQ.tract with Kansas Department of Health and Environment for grant funding to be received by the Northeast Corner Regionalization Initiative June 30, 2014.

Atchison, Brown, Doniphan, Jackson, Jefferson, Marshall, Nemaha, and Shawnee Counties regionalized in 2002 to form the Northeast Comer Regionalization Initiative. Shawnee County Health Agency (SCHA) utilizes existing and contract staff to work with these counties in fine tuning their public health emergency response plans and building capacities as individual counties and as a region.

The Centers for Disease Control and Prevention has awarded the State of Kansas the funds to continue to enhance the regional preparedness capabilities for addressing public health and bioterrorism events in Kansas. Through the Regionalization Initiative Contract, the region will receive $36,795.00. The SCHA will continue to serve as the fiscal agent for this initiative.

The SCHA is responsible for monitoring grant funds and making payments for expenses that are approved by the regional advisory committee. Funding received by the region has been utilized for the purchase of equipment, as well as for training and exercises, all of which increase the ability for Shawnee County and the surrounding region to be prepared for, and respond to, public health emergencies. There is no financial impact to the county in renewing this contract.

AW/klw Attachments C: Allison Alejos, SCHA Local Health Department Director

Tamara Copeland, SCHA Finance Officer Dave Sterbenz, Shawnee County Emergency Management Director


I

AGREEMENT

PUBLIC HEALTH EMERGENCY PREPAREDNESS COOPERATIVE AGREEMENT

The Parties to this Agreement are:

• Northeast Corner Regional Initiative Shawnee County Health Agency Health Department, Fiscal Agent 1615 SW 8th Street Topeka, KS 66606

• Kansas Department of Health and Environment 1000 SW Jackson, Suite 340 Topeka, Kansas 66612

RECITALS

The Kansas Department of Health and Environment [KDHE] through its Bureau of Community Health Systems desires to build and strengthen the abilities of public health departments to respond effectively to public health threats, whether they are natural, unintentional, or intentional events, through this Public Health Emergency Preparedness Cooperative Agreement [PHEP]; and,

The Shawnee County Health Agency Health Department [Fiscal Agent] has been designated as the lead fiscal agent for a group of county health departments representing the following contiguous counties: Atchison, Brown, Doniphan, Jackson, Jefferson, Marshall, Nemaha, and Shawnee and known as the Northeast Corner Regional Initiative [Region],

The Fiscal Agent desires to and is able to facilitate KDHE's public health emergency preparedness goal through support, preparedness and response activities in the Region.

TERMS AND CONDITIONS

KDHE and Fiscal Agent agree as follows.

1 . This Agreement shall be effective on the day and year executed by the Secretary of the KDHE [Secretary].

2. The total payments to the Local Agency on behalf of the Region under this Agreement shall not exceed Thirty-Six Thousand Seven Hundred Ninety-Five Dollars ($36,795).

3. The term of this Agreement shall extend through June 30, 2014, at 5:00 p.m., unless terminated earlier by written agreement of the Parties or in accord with the provisions set forth in this Agreement.

4. The provisions found in the Contractual Provisions Attachment (Form DA-146a), which is attached, are hereby incorporated in this Agreement and made a part hereof.

5. The terms and conditions of this Agreement may be amended in writing and executed by both Parties.

6. Payments to the Fiscal Agent hereunder are solely contingent upon the receipt of adequate funding by KDHE through federal grants.

7. In the event that the Fiscal Agent is unable to expend all of the funds allocated, the Fiscal Agent shall notify KDHE in writing of the amount of unspent funds. KDHE may request a refund of unspent funds at the end of the grant period.

8. The Fiscal Agent will not subcontract any work under the Agreement without the express, written approval of KDHE prior to entering said subcontracts. Submission and approval of subcontracts must occur before any payment under this Agreement is final. Failure to obtain approval of a subcontract may result in such actions as KDHE may find appropriate, including, but not limited to, the withholding of funds, the disallowance of expenditures made to the subcontractor, the reimbursement from the Fiscal Agent of expenditures paid, or the termination of this Agreement. The Fiscal Agent shall be totally responsible for all actions and work performed by its subcontractor(s). All terms, conditions, and requirements of this Agreement shall apply without qualification to each subcontractor of the Fiscal Agent. For the purposes of this Agreement, the term "Fiscal Agent" shall include all subcontractors hired by the Fiscal Agent.

9. Payment(s) may be withheld if any required Program/Fiscal Reports and/or refunds for any previous period have not been received, or if program requirements/objectives are not met as specified in this agreement and/or the Agreement Attachment(s).

10. KDHE may cancel this Agreement or withhold payment(s) if the Fiscal Agent fails to submit supporting documentation of Work Plan deliverable completion and financial reports as required herein below.

FISCAL AGENT SHALL:

11. Return the signed Agreement to KDHE by July 31, 2013.

12. Submit a Budget to KDHE by July 31, 2013 on the forms specified by KDHE.

13. Perform all tasks required in the Work Plan that is attached hereto.

14. Establish and maintain accounting records in compliance with the local governmental accounting and financial reporting requirements of the Governmental Accounting Standards Board.

2

15. Retain copies of expenditure reports, including invoices for each capital equipment purchase, for a period of at least 3 years. Capital equipment would pertain to any item with an acquisition cost of $5,000 or greater and with a useful life of over a year.

16. Maintain an inventory control system for tracking capital equipment and electronic devices as well as any medical and pharmaceutical caches.

17. Document through job descriptions and employee time and attendance records that all staff members paid with PHEP funds are performing activities related to preparedness.

18. Ensure that KDHE Agreement funds will not be used to supplant other Fiscal Agent funds.

19. The Fiscal Agent acknowledges as a condition of receiving funds, KDHE is required to verify that the recipient of such funds has not been suspended, debarred or otherwise excluded from receiving federal funds. Verification may be accomplished by checking the Excluded Parties List System (EPLS) maintained by the General Services Administration, obtaining a certification from the entity or by adding a clause or condition to the transaction. The Fiscal Agent hereby warrants that neither it, nor any of its principals, have been suspended, disbarred or otherwise excluded from receiving federal funds.

20. Submit Affidavits of Expenditure and Work Plan Progress Reports to KDHE according to the following schedule:

a. Period 1: July 1, 2013, through September 30, 2013 - Report due October 15, 2013.

b. Period 2: October 1, 2013, through December 31, 2013 - Report due January 15,2014.

c. Period 3: January 1, 2014, through March 31, 2014- Report due April15, 2014.

d. Period 4: April1, 2014, through June 30, 2014- Report due July 15, 2014.

21. Obtain, as necessary, an audit in accordance with the Federal Single Audit Act of 1996 and OMB Circular No. A-133, Audits of States. Local Governments. and Non-Profit Organizations, and to submit one complete copy of the single agency audit report to KDHE within 12 months after the end of the Fiscal Agent's fiscal year.

22. Upon request of KDHE or the Kansas Legislative Post Audit, to afford access to any Fiscal Agent documents and other records necessary to certify compliance with this agreement, Kansas legislative appropriations, Kansas statutes and regulations, and Federal grant acts and regulations; and to participate fully in any required evaluation study and/or on-site inspection.

3

KDHE SHALL:

23. Make periodic payments according to the following schedule, subject to receipt, review, and approval of affidavits of expenditures and work plan progress reports:

a. Upon execution of Agreement by the Secretary - 25% of the total Agreement Amount or Nine Thousand One Hundred Ninety-Nine Dollars ($9, 199).

b. Report Period 1 - an amount equal to the total amount of expenditures during Period 1, not to exceed the remaining Agreement balance.

c. Report Period 2 - an amount equal to the total amount of expenditures during Period 2, not to exceed the remaining Agreement balance.

d. Report Period 3 - an amount equal to the total amount of expenditures during Period 3, not to exceed the remaining Agreement balance.

e. Report Period 4 -an amount equal to the total amount of expenditures during Period 4, not to exceed the remaining Agreement balance.

24. Provide technical assistance to any local agency not meeting program expectations or requesting such assistance.

THE PARTIES, through duly authorized representatives, concur with the terms and conditions of this Agreement and have executed it as of the date shown below.

Shawnee County Health Agency Health Kansas Department of Health and Environment Department, Fiscal Agent for the Northeast Corner Regional Initiative

By:

Signature

Name

Title

Date

Approved as to Ljgaf% "lnd Form: Date lP ~0 1

()M~'c__ -~·,,~R

4

By:

Robert Moser, MD Secretary

Date

State of Kansas Department of Administration DA-146a (Rev. 06-12) CONTRACTUAL PROVISIONS ATTACHMENT

Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision:

"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12), which is attached hereto, are hereby incorporated in this contract and made a part thereof."

The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the I" day of July, 2013.

1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

2. Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges-hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State 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 State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 ~~).

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

Contractor agrees to comply with all applicable state and federal anti-discrimination laws.

The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency.

6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

I 0. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them 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 ~~,the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.

II. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 £!~.

12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

13. Campaign Contributions I Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.

vl;?~t?ttt .r\...ansas

lkp:srtmcnt of Henllh and Environment

2013-2014 Public Health Emergency Preparedness Regional Public Health Work Plan KALIID

... :.~771(~-'~~~~~~tSSOCIAT/ON

COMPLETE AND SUBMIT EACH PERIOD TO [email protected] HEALTH DEPARTMENTS

Progress Period (Check One) Contact Information

0 Period 1 covers July 1, 2013- September 30, 2013 and is due October 15, 2013. Region:

0 Period 2 covers October 1, 2013- December 31, 2013 and is due January 15, 2014. Contact Person:

0 Period 3 covers January 1, 2014- March 31, 2014 and is due April15, 2014. Contact E-mail:

0 Period 4 covers April1, 2014- June 30, 2014 and is due July 15, 2014. Contact Phone:

Description of Tasks Progress

Attend healthcare coalition meetings at least quarterly. Public Health Preparedness Regional Coordinators may serve as a designee for any of their local health departments. In doing so, they should include the local health department(s) they 0 Attended Quarter 1 are representing on the meeting sign-in sheet. Regional Coordinators will provide information from healthcare coalition 0 Attended Quarter 2

1 meetings to public health preparedness region partners. 0 Attended Quarter 3

Participation will be validated through coalition meeting sign-in sheets provided to KDHE by the Regional Hospital 0 Attended Quarter 4

Coordinators. (Capability 1: Community Preparedness)

2 Assist local health departments in making updates to their local Kansas Healthcare Capabilities Questionnaire and

Guidance & Input Provided? provide input to the healthcare coalition level questionnaire. (Capability 1: Community Preparedness)

Type: 0Tabletop 0Functional

0Fuii-Scale OReal Event

3 Participate in at least one annual exercise as a facilitator, player, or evaluator by June 30, 2014. Serving in an observer role does not meet the participation requirement. Date of Exercise:

Role:

Regional Coordinator will participate in a two-hour face-to-face training session on public information and communication provided by KDHE. This training will be offered at both the KALHD Annual Meeting in October 2013 and at the KALHD Mid-Year Meeting in June 2014.

4 Date Training Completed:

Sign-in sheets for these trainings will be provided to KDHE, which will document participation. Work plan credit for this task can be accomplished through attendance at the eight-hour, face-to-face Public Information Officer (PIO) training provided by the Kansas Division of Emergency Management between January 1, 2013 and December 31, 2013, it will count as meeting this requirement. (Capability 4: Emergency Public Information & Warning) Assist local health departments with reviewing their respective county's K-SERV data (which is provided by KDHE) to 0 Reported to Coalition, Quarter 1 determine volunteer needs and recruitment goals. If representing a local health department at healthcare coalition

0 Reported to Coalition, Quarter 2

5 meetings, ensure this information is reported during a meeting by June 30, 2014.


Participation will be validated through sign-in sheets and agendas for healthcare coalition meetings to be submitted to 0 Reported to Coalition, Quarter 4

KDHE by the Regional Hospital Coordinators. (Capability 15: Volunteer Management)

Regional Coordinators will: a. Date of Last KS-HAN Update: A. Keep their contact information on KS-HAN up to date. (Capability 6: Information Sharing) b. Responded to Q1 Drill: 0 Yes 0 No

6 B. Participate in quarterly KS-HAN drills. (Capability 6: Information Sharing)

Responded to Q2 Drill: 0 Yes 0 No c. Maintain their records regarding training attended. (Administrative) Responded to Q3 Drill: 0 Yes 0 No D. Have available signed shared resource agreements. (Capability 1: Community Preparedness)

E. Maintain an always-on high-speed internet connection. (Capability 3: Emergency Operation_sC:oordination) Responded to Q4 Drill: 0 Yes 0 No

Page 1 of 2

~~-

F.

G.

H.

I.

vl~:H:~:\ ..L'\r...ansas

Oqwsnment ofHe~~lth and En\•ironmenl

2013-2014 Public Health Emergency Preparedness

Regional Public Health Work Plan COMPLETE AND SUBMIT EACH PERIOD TO [email protected]

Maintain accurate information for a 24/7 calling tree and an updated Activation Protocol which describes who c. will be called and the events that will trigger activation levels for the region. (Capability 3: Emergency Operations Coordination) d. Convene meetings of all the local health departments within the region periodically and maintain minutes of meetings and attendee list. (Capability 1: Community Preparedness) Retain copies of expenditure reports, including invoices for each capital equipment purchase, for a period of at e.

least three years. (Administrative) Maintain a regional inventory control system for tracking capital equipment and electronic devices. f. (Administrative)

g.

h.

i.

KAUID .~:·s~7.1~~,~~~~~~tSSOCIATION

HEALTH DEPARTMENTS

Training records available upon request?

OvesD No

Signed resource agreements available?

DvesD No

Priority communication services available?

OvesD No

24/7 calling tree and activation protocol is up to date and available?

DvesD No

Quarterly regional public health meeting conducted:

D Quarter 1 D Quarter 3

D Quarter 2 D Quarter 4

Expenditure reports and invoices available upon request?

DvesD No

Regional inventory control system available?

DvesD No

Page 2 of 2

July 8, 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



Alice Weingartner ;1:\lJ I Q.q_, Director, Community Health Center

CONSENT AGENDA - Renew Local Public Health Emergency Preparedness Contract

Action Requested: Approval to renew the Public Health Emergency Preparedness Local Contract with Kansas Department of Health and Environment for grant funding to be received by the Shawnee County Health Agency through June 30, 2014.

The Centers for Disease Control and Prevention has awarded the State of Kansas the funds to continue to enhance the local preparedness capabilities for addressing public health and bioterrorism events in Kansas. This funding will provide Shawnee County with $120,438.00.

Funding will benefit the community by being utilized to enhance and maintain capacities to be prepared for, and respond to, public health emergencies and potential bioterrorism events in Shawnee County. There is no financial impact to the county in renewing this contract.

AW/klw Attachments C: Allison Alejos, SCHA Local Health Department Director

Tamara Copeland, SCHA Finance Officer Dave Sterbenz, Shawnee County Emergency Management Director


Contract Attachment No.2,

LOCAL AGENCY Shawnee County Health Agency

PROGRAM Public Health Emergency Preparedness (PREP)

TERM Until Rescinded

AMOUNT Per List of Grant Awards

The undersigned parties agree that the following provisions of Contract Attachment No. 3 are hereby incorporated into the KDHE Aid To Local Universal Contract (Universal Contract) and made a part thereof.

STATE AGENCY AGREES TO:

1. Make payments for reimbursement of Preparedness related expenses to the Local Agency as follows:

a. Pay 25% of the fiscal year grant amount as first quarter funding on or about July 1, or upon processing of this Contract Attachment iflater than July 1 of every year. If the total award amount for the program period is $2,000.00 or less, the entire amount will be paid on or about July 1 of each year.

b. Pay 12.5% of the fiscal year grant amount on or about October 1 of each year.

c. Pay 12.5% of the fiscal year grant amount, less any unexpended grant funds from prior quarters, on or about November 15; February 15; and May 15 of each year. Such payments will be made upon receipt and acceptance of semi-annual Program Progress Reports supported by appropriate statistics showing satisfactory progress toward meeting outcome and process objectives, and quarterly Certified Expenditure Affidavit forms showing revenue collected from patient fees and third party pay and expenditures from grant and Local Agency matching funds.

d. Pay 12.5% of the fiscal year grant amount on or about January 1 and April 1 of each year. Such payments will be made after an evaluation is made to determine if grant funds previously advanced have been expended in accordance with grant objectives.

2. Forward to the Local Agency on or about July 1 of each year a copy of the Notice of Grant Award Amount and Summary of Program Objectives that contains the State Fiscal Year objectives.

3. Provide technical assistance, as available, to any local agency not meeting program expectations or requesting such assistance.

LOCAL AGENCY AGREES TO:

4. Submit a budget, on or about July 1, outlining projected expenditures for grant funds and Local Agency funds, which is to be approved by appropriate State Agency program staff, and is hereby incorporated in this Contract Attachment and made a part hereof. Failure to submit this budget may result in the withholding of future payments by the State Agency.

Effective 7/1/2013

5. Submit to the State Agency, within fifteen (15) days after the end of each contractual period (July 1 through September 30; October 1 - December 31; January 1 through March 31; April 1 through June 30) of the Contract Attachment, Work Plan Progress/Fiscal Reports. Said reports will consist of the Certified Expenditure Affidavit and the Work Plan Progress Reports.

6. Maintain an inventory control system for tracking capital equipment and electronic devices as well as any medical and pharmaceutical caches.

7. Acknowledge as a condition of receiving funds, KDHE is required to verify that the recipient of such funds has not been suspended, debarred or otherwise excluded from receiving federal funds. Verification may be accomplished by checking the Excluded Parties List System (EPLS) maintained by the General Services Administration, obtaining a certification from the entity or by adding a clause or condition to the transaction. Shawnee County Health Agency hereby warrants that neither it, nor any of its principals, have been suspended, disbarred or otherwise excluded from receiving federal funds.

8. Acknowledge that as a condition of receiving preparedness funding, the local agency will undergo a risk assessment prior to the beginning of each new grant year. This risk assessment will be completed by KDHE Preparedness staff and correlates with greater sub-awardee monitoring and compliance requirements from the federal level. The process will include a series of financial, grant, and contract related questions that will be scored based on past local agency performance. Examples of questions include: Has the local health department frequently been untimely in the drawdown ofpreparednessfunds? Does the local health department submit work plan progress reports on or before the due date? Does the local health department provide accurate and complete documentation of work plan deliverables?

The overall assessment score will be taken into account to determine if a local agency needs to be placed into a monitoring phase for the upcoming grant year and/or if further restrictions need to take place for poor performance and/or non-compliance. The three different phases include: Phase 1: Monitoring; Phase 2: Reduced Funding; and Phase 3: Cancellation of Preparedness Contract.

IT IS MUTUALLY AGREED THAT:

7. This Attachment No.3 supersedes any prior Contract Attachment No.3.

8. Tender and acceptance of the first payment of the fiscal year shall constitute formal acceptance of the terms of the program objectives, which shall be incorporated by reference in the Universal Contract.

9. Failure to comply with this Contract Attachment No.3 may result in reduction of funds or cancellation of Contract Attachment No. 3.

Secretary: ____________ _

Robert Moser, MD

Kansas Department of Health & Environment

Date: --------

Approved as to Legality and Form: Date=-F->"~"'---

Authorized Signature: ________ _

Shawnee County Health Agency

Printed Name:-----------

Title: ---------------Date: --------

Effective 7/112013

Public Health Emergency Preparedness

local Health Department Funding Allocations for 2013- 2014

LOCAL DISTRIBUTION

Direct County Distribution 82% of Local $

Base+Population $to local

Base Base amount $

(Note Population figures 2010 CertKSCountyPop)

4/15/2013

4.87% Cut

2,461,400

6,266

1


Local Health Department Funding Allocations for 2013 - 2014

LOCAL DISTRIBUTION 4.87% Cut

Direct County Distribution 82% of Local $ 2,461,400


Base Base amount $ 6,266

(Note Population figures 2010 Ce

4/15/2013 2


Local Health Department Funding Allocations for 2013 - 2014

LOCAL DISTRIBUTION 4.87% Cut

Direct County Distribution 82% of Local $ 2,461,400


Base Base amount $ 6,266

(Note Population figures 2010 CertKSCountyPop)

County Population '~fi!,:E~;:;~R~i:Y';;:A;\;~~~:~~:,:;§6~M'~~;~~,i;;?

Wyandotte 157,505 ;!$f::~;;;]_~~~;~J>tPi;~~s;: ;[~:::t'~,[~t~¥;~1'8~:% $

BP2:

BP1: BP11:

4/15/2013

2013- 2014

2012-2013 2011 -2012

;; '{''t''!f'ft: ;:c;,: ;jc,

BP1

54,362

9,770

8,502

10,980

43,873 9,604

343,317

21,788

126,605

7,994

10,330

8,872

9,267

7,777

10,137

22,587

11,609

8,295 11,036

7,270 10,188

7,777 12,629

8,504

112,789

2,587,504

BP11 52,782

9,270

8,063

10,327

41,650 8,992

327,877

21,092

121,578

7,598

9,844

8,463

8,849

7,383

9,365

21,403

10,817 7,916

10,491

6,925 9,728

7,385 12,214

8,126

107,696

2,478,514

3

/-, .. ··r;'.>';z,,,

~h~~§ Department of Health

and En\'ironmenl

2013-2014 Public Health Emergency Preparedness Local Health Department Work Plan

COMPLETE AND SUBMIT EACH PERIOD TO [email protected]

Progress Period (Check One)

D Period 1 covers July 1, 2013- September 30, 2013 and is due October 15, 2013.

D Period 2 covers October 1, 2013- December 31, 2013 and is due January 15, 2014.

D Period 3 covers January 1, 2014- March 31, 2014 and is due April15, 2014.

D Period 4 covers April1, 2014- June 30, 2014 and is due July 15, 2014.

Description of Tasks

A local health department representative will attend healthcare coalition meetings at least quarterly. The Regional Public Health Preparedness Coordinator may attend in the local health department's place as its designee. This designation must be

1 provided on local health department letterhead and submitted to KDHE at [email protected] to be kept on file. {Capability 1: Community Preparedness)

2 Update the local Kansas Healthcare Capabilities Questionnaire by June 30, 2014 and submit it to [email protected]. (Capability 1: Community Preparedness)

A local health department representative will assure local ESF 8 planning meetings are held at least twice per year to work with health and medical partners in order to strengthen community preparedness and response activities. These meetings shall also serve as a local forum to discuss capability building. Note: these topics can be discussed at a meeting of existing

3 groups where appropriate partners are engaged, such as LEPC. Additionally, the meeting can be used as the setting to accomplish work plan tasks #7 and #8.

LEPC or other ESF 8 group sign-in sheets will be submitted to [email protected]. (Capability 1: Community Preparedness; Capability 2: Community Recovery; Capability 15: Volunteer Management)

Participate in at least one annual exercise at the regional or county level as defined below:

Budget Period Capability Type BP 2 (2013-2014): Capability 1 or 2 and/or 3 Tabletop, Functional, or Full-Scale BP 3 (2014-2015): Capability 4 or 10 and/or 15 Tabletop, Functional, or Full-Scale BP 4 (2015-2016): Capability 6 or 11 and/or 12 Tabletop, Functional, or Full-Scale BP 5 (2016-2017): Capability 5 or 7 and/or 14 Tabletop, Functional, or Full-Scale

At least one full-scale exercise must be conducted during the five-year project period (2012-2017) and must be a joint 4 exercise with the hospital. To the extent possible, local health departments are encouraged to conduct and plan jointly with

additional health and medical stakeholders/supporting organizations, at-risk populations, emergency management, and other partners to meet community exercise requirements. Full-scale exercise must evaluate capabilities 3, 6, and 10 at a minimum.

To complete this requirement, an After Action Report/Improvement Plan (AAR/IP) for the exercise must be submitted to [email protected] following the exercise. The BP 2 (2013-2014) exercise must be completed by May 15, 2014. Real events may count for exercise credit as long as they are approved by KDHE prior to submission of an AAR/IP. Note: If a local health department chooses a POD clinic as its exercise, it should be sure to fully address capability 1, 2, or 3 in order for it to count_as meeting this work plan task.

I<A_WD .)i''i?t!"~:.~~~CSSOCIATION

HEALTH DEPARTMENTS

Contact Information

County:

Contact Person:

Contact E-mail:

Contact Phone:

Progress

Quarter 1 Attendee:

Quarter 2 Attendee:

Quarter 3 Attendee:

Quarter 4 Attendee: •

Date Submitted:

Dates Meetings Conducted:

1)

2)

Capability(ies) Exercised:

Type: 0Tabletop 0Functional

0Full-Scale OReal Event

I Date of Exercise I Date of AAR/IP I I I I

Page 1 of 3

vf.~::~~X!?::;_~~ n,ansas

DepartrntntorHet~llh and Envirorunmt

2013-2014 Public Health Emergency Preparedness Local Health Department Work Plan

COMPLETE AND SUBMIT EACH PERIOD TO [email protected]

Progress Period (Check One)

0 Period 1 covers July 1, 2013- September 30, 2013 and is due October 15, 2013.

0 Period 2 covers October 1, 2013- December 31, 2013 and is due January 15, 2014.

0 Period 3 covers January 1, 2014- March 31, 2014 and is due April15, 2014.

0 Period 4 covers April1, 2014- June 30, 2014 and is due July 15, 2014.

Description of Tasks Review and update local Public Information and Communication (PIC) Standard Operating Guide (SOG). SOGs should be submitted to [email protected] by June 30, 2014.

5

A PIC SOG template is available on the KDHE website at http://www.kdheks.gov/cphp/operating guides.htm. Preparedness Program staff will review and provide input. (Capability 4: Emergency Public Information & Warning) Local health department spokesperson or Public Information Officer will participate in a two-hour face-to-face training session on public information and communication provided by KDHE. This training will be offered at both the KALHD Annual Meeting in October 2013 and at the KALHD Mid-Year Meeting in June 2014.

6 Sign-in sheets for these trainings will be provided to KDHE, which will document participation. Work plan credit for this task can be accomplished through attendance at the eight-hour, two-day, face-to-face Public Information Officer (PIO) training provided by the Kansas Division of Emergency Management between January 1, 2013 and December 31, 2013, it will count as meeting this requirement (Course #1037622). (Capability 4: Emergency Public Information & Warning) Local health departments will assist their ESF 8 planning partners with reviewing and updating the medical surge section in the county ESF 8 annex, if update to the county EOP was not completed in the 2012-2013 grant cycle. This review should consist of:

• An assessment of available community resources 7 • Identification of anticipated gaps including equipment, personnel, and situational awareness needs

• Identification of supplier and community/regional mutual aid support

Please refer to the note in work plan task #3. A copy of the updated medical surge section will be submitted to KDHE to [email protected] by June 30, 2014. (Capability 10: Medical Surge)

Local health departments will review K-SERV data provided by KDHE and determine their volunteer needs (i.e. type and number) and recruitment goals. It is highly recommended that local health departments provide this information to their ESF 8 partners to further identify volunteer needs and recruitment goals. Please refer to the note in work plan task #3. Local health departments are encouraged to promote K-SERV to their volunteers.

8 Local health departments will work with their community hospital(s), as appropriate, to report their health and medical community volunteer needs at a healthcare coalition meeting by June 30, 2014.

Please refer to the note in work plan task #3. Local health department participation will be validated through sign-in sheets and agendas for coalition meetings to be submitted to KDHE by the hospital Regional Coordinators. (Capability 15: Volunteer Management)

KAUID ~~7J1(f'~;~~t1tSSOC!ATION . HEALTH DEPARTMENTS

Contact Information

County: I

Contact Person:

Contact E-mail: I

i

Contact Phone:

Progress I

I

Date Submitted: I

I

I

I

Date Attended Training: I

I I

I

I

Date Review Was Completed:




0 Reported to Coalition, Quarter 4:

Page 2 of 3

vf.~·:·::~~~;~~:\ .I\...ansas

l)qmrtnk.'llt of Health and Em'ironment

2013-2014 Public Health Emergency Preparedness local Health Department Work Plan

COMPLETE AND SUBMIT EACH PERIOD TO [email protected] Progress Period (Check One)

0 Period 1 covers July 1, 2013- September30, 2013 and is due October 15, 2013.

0 Period.2 covers October 1, 2013- December 31, 2013 and is due January 15, 2014.

0 ·Period 3 covers January 1, 2014- March 31, 2014 and is due April15, 2014.

0Period 4 covers April1, 2014- June 30, 2014 and is due July 15, 2014.

91

Description of Tasks Local health departments will continue to:

A. B. c. D.

E.

F. G.

H.

I.

J.

K. L.

M.

N.

Participate in periodic Regional Public Health Preparedness meetings. (Capability 1: Community Preparedness) Keep contact information on KS-HAN up to date. (Capability 6: Information Sharing) Respond to quarterly KS-HAN drills. (Capability 6: Information Sharing)

Designated LHD staff will have completed ICS 100, 200, 300, 400, 700 and 800b classes per ICS training requirements. (Capability 1: Community Preparedness; Capability 3: Emergency Operations Coordination) Ensure that priority communication services are available in an emergency, including maintaining an always-on high-speed internet connection (Capability 3: Emergency Operations Coordination) Have available signed shared resource agreements. (Capability 1: Community Preparedness) Maintain a public website where information can be posted and accessed by members of the public. (Capability 4: Emergency Public Information & Communication; Cross-Cutting)

Assure that annual fit testing for PPE for local health department staff is completed per KDHE guidance and in compliance with the revised OSHA respirator standard, 29 CFR 1910.134, adopted April 8, 1998. (Capability 14: Responder Safety & Health)

Retain copies of expenditure reports, including invoices for each capital equipment purchase, for a period of at least three years. (Administrative)

Take or renew packaging and shipping certification class, available on KS-TRAIN, every two years [Course #1031722]. (Capability 12: Public Health Laboratory Testing)

Maintain an inventory control system for tracking capital equipment and electronic devices. (Administrative) Document through job descriptions and employee time and attendance records that all staff members paid with preparedness funds are performing activities related to preparedness. (Administrative)

Annually review and submit any changes or updates to their Mass Dispensing SOG. (Capability 8: Medical Countermeasure Dispensing & 9: Medical Materiel Management and Distribution)

Annually review and submit any changes or updates to their Continuity of Operations SOG. (Capability 2: Community Recovery)

~ ~?~(_1:'f'~~~6~~\tSSOCIAT10N

HEALTH DEPARTMENTS

Contact Information County:

Contact Person:

Contact E-mail:

Contact Phone:

Progress

a. Dates of Meetings:

b. Date of Last KS-HAN Update: __ _

c. Responded to Q1 Drill: 0 Yes 0 No

Responded to Q2 Drill: 0 Yes 0 No



d. ICS Trainings Completed?

0Yes0 No

e. Priority comms services available?

0Yes0 No

f. Signed resource agreements available? 0Yes0 No

g. Public website maintained?

0Yes0 No

h. Annual fit testing completed?

· 0Yes0 No

i. Reports and invoices available?

0Yes0 No

j. Packaging and shipping course up to date?

0Yes0 No

k. Inventory control system available?

0Yes0 No

I. PDs/time/attendance records available?

0Yes0 No

m. Mass Dispensing plans up to date?

0Yes0 No

n. COOP plans up to date?

0Yes0 No

Page 3 of 3

a

SHAWNEE COUNTY

PARKS~RECREATION July 8, 2013

TO:

FROM:

Board of Commissioners Shawnee County ~ .

John E. Knight, Direct~ Parks & Recreation

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR

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

(785) 267-1156 john.knight@snco. us

RE: Kansas Turnpike Authority/Wittenberg Bridge Improvements

Board of Commissioners approval is requested to enter into partnership with the Kansas Turnpike Authority (KTA) for inclusion of an AASHTO compliant section of trail during the replacement of the Wittenberg Bridge.

On May 30,2013, the Board of Commissioners took no action on Parks & Recreation's request to enter into a similar agreement. Attached you will find a report regarding the history of the Regional Trail Development in Shawnee County. The purpose of this report is to provide the Board of County Commissioners a history and current status of trail development in Topeka/Shawnee County. This report is intended to provide the commission with sufficient data to make decisions for the Trail development, both short-term as well as long-term. The Master Planning process currently underway will review and revise the Trails and Greenways Plan but from early discussions with PROS Consulting, there will likely be no significant changes to this plan. This trail expansion was identified in the adopted Topeka-Shawnee County Regional Trails and Greenways Plan. The estimated cost of Shawnee County's participation in the bridge construction has been lowered from $561,860 to $450,700 due to a change in bridge design. Regardless of the project estimate the County will only be responsible for the fmal projects plus any administration costs and any interest accrued if financed by KT A.

Funding Options available to the Commission: Fund the project through the Parks & Recreation Building Maintenance Fund (31BMOOO JL 397) which will require the transfer of program user fees. Access the Parks & Recreation contingency from the recent Certificate of Participation (COP) for initial costs and finance the remainder on future COP's. The County would pay KTA $150,000 on July 5, 2014. At the end of the project, upon determination as to the actual cost of the Trail, the County will pay KTA the difference plus $2,000 administration costs and any interest incurred beginning January 2, 2015. Allow KTA to finance the project with payments over the term of the contract. Beginning January 2015, and each year thereafter through January 1, 2019, the County will pay KTA the actual cost of the Trail and transaction costs that include administrative costs and interest as spelled out by contract.

JEK/gcl Attachments TB

E;

AGREEMENT

THIS AGREEMENT is made and entered into this day of ______ _ 2013, by and between the Board of County Commissioners, Shawnee County, Kansas ("County'') and the Kansas Turnpike Authority ("KTA").

WITNESSETH:

WHEREAS, the County and the KT A are authorized to enter into an agreement pursuant to K.S.A. 68-2004(a)(11), as amended; and

WHEREAS, the KTA is reconstructing a bridge on Wittenberg Road, designated as the Wittenberg Road Bridge, KTA Br. No. 181.190 ("Project") over the Kansas Turnpike, which bridge is located within the boundaries of the County; and

WHEREAS, the County desires that the KTA make certain improvements regarding an AASHTO Compliant Trail ("Trail") during the bridge reconstruction, which the KTA would not normally make on such project; and

WHEREAS, the County has agreed to pay for the Trail costs in accordance with the terms of this agreement.

NOW, THEREFORE, and in consideration of the parties' mutual prormses and covenants, it is agreed as follows:

1. The KTA will design and approve the plans for the Trail construction desired by the Cormty. The County will have the right to approve the final design and plans for the Trail construction prior to the bid letting, as well as any change orders occurring during construction that affect the Trail portion of the project.

2. The KTA will have final authority in regard to the bidding, contracting, and administration of the Project.

3. The County and the KTA agree they will cooperate with each other in the construction of the Trail portion of the Project, and the KTA will make available to the County such documents from the Project as are reasonably necessary for the County to determine what work was performed in relation to the Trail and what costs are associated with the TraiL

4. The County will pay the KTA $150,000 on July 5, 2014.

5. At end of the Project, KTA will make a final determination as to the actual cost of the Trail. See Attachment A for the total estimated Trail costs.

6. The County will reimburse the KTA for the difference between the actual cost of the Trail and the amount paid by the County pursuant to paragraph 4. The County also agrees to pay transaction costs in an amount equal to $2,000 to reimburse legal, financing, and administration costs incurred by the KT A.

7. The County shall make the following payments (collectively, ''Reimbursement Payments") directly to or on order of the KTA, in immediately available funds, as set out below:

On the 151 day of each year, commencing on January 1, 2015, principal and interest at the Reimbursement Rate (as defined below) based on an amortization schedule provided to the County by the KTA relating to the sum of (i) the actual cost of the Trail and (ii) the transaction costs, which amortization schedule shall reflect approximately level payments of principal and interest with the fmal payment date of January 1, 2018.

As used herein, the tenn "Reimbursement Rate" means-.--% per annum, which is the Municipal Market Data "AA" yield curve for a 4 year term, as of the close of business prior to the date of execution of this Agreement, plus 10 basis points.

8. Interest will be calculated and begin accumulating starting on January 2, 2015. Interest will then be calculated monthly on the total outstanding balance of accumulated project costs of the Trail and transaction costs.

9. Upon completion of the Project, the County shall be responsible for ordinary routine maintenance to the roadway approaches, Trail deck, and chainlink fence portion of the bridge that is included in the Project. The County responsibility shall also include snow removal and ice control on the Wittenburg Road bridge, Trail and approach roadway. The KT A shall be responsible for ordinary routine maintenance of the roadway bridge deck and all of the bridge superstructure and substructure. Costs of major repairs, reconstruction, and replacement of the bridge in the future will be shared as the parties may agree at the time such repairs, reconstruction, or replacement become necessary.

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

THE BOARD OF COUNTY COMMISSIONERS SHAVVJNEECOUNTY,KANSAS

Chairman

2 Approved as to Legality and Form: Date "7-f.--11

~- ·~E:=· ASST. CO. COUNSELOR

Attest:

Shawnee County Clerk

Date

THE KANSAS TURNPIKE AUTHORITY

MICHAELS. KING Director of Operations

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I -

SHAWNEE COUNTY

PARKS~RECREATION

Regional Trail Development

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INTRODUCTION

The Shawnee County Board of Commissioners on March 1, 2001 and the Topeka City Council on March 20, 2001 adopted the Topeka-Shawnee County Regional Trails and Greenways Plan which was Part 1 of the Parks and Open Space Element of the Topeka/Shawnee County Comprehensive Metropolitan Plan 2025. The Introduction to this document is still very relevant today. The key attribute in trails and greenways is in providing linkages. Trails are popular because

they are different from other transportation and recreational opportunities. Trails take people somewhere. Greenways are popular because they link natural areas and open spaces to where people live and work. Trails and greenways are often places where people can experience a bit of nature in the midst of an intensely built-up urban area. Many trails and greenways combine with other features, such as a riverfront or mountain, to create a "sense of place" for an area and to distinguish one urban area from another.

Shawnee County through the Parks & Recreation department assumed the management, operation and responsibility of the comprehensive network of trails that have been constructed by the former Parks and Recreation of Topeka as well as those constructed by Shawnee County Parks & Recreation.

I. Mission - Vision Statements The mission of Shawnee County Parks & Recreation is:

"To provide quality parks, golf courses and recreation facilities and opportunities to meet the recreational needs and interests of rural and urban residents throughout Shawnee County".

The vision of Shawnee County Parks & Recreation is: "To be viewed by the citizens and businesses of Shawnee County as an integral part of their quality of life and growth of our community. In addition to our provision of quality parks, golf courses and recreational facilities and opportunities, more specifically we strive to help reduce juvenile crime, health care costs, and individual stress, to increase property values, tourism, to promote positive life style choices, family activities and to preserve community assets and open spaces. "

II. Purpose The purpose of this report is to provide the Board of County Commissioners a history and current status

of trail development in Topeka/Shawnee County. This report is intended to provide the commission with sufficient data to make decisions for the trail development, both short-term as well as long-term. The Master Planning process currently underway will review and revise the Trails and Greenways Plan but from early discussions with PROS Consulting, there will likely be no significant changes to this plan.

III. Key Questions Should Shawnee County continue with Regional Trail Development, while the City of Topeka develop

the City Bikeways with oversight and coordination provided by the Metropolitan Topeka Planning Organization (MTPO)?

Should Shawnee County partner with the Kansas Turnpike Authority (KTA) to include an AASHTO compliant trail section with their scheduled replacement of the Wittenberg Bridge?

Why this bridge and why now? Is there sufficient need (demand) and justification to continue funding future developments, connections

and extensions to the Regional Trail System? If not, then what are the most viable options for continuing trail development in Topeka/Shawnee

County? The Board of Commissioners has an extremely difficult decision when answering the questions above. In

an effort to provide as much information as possible, this report will hopefully provide sufficient information to allow the commission to analyze this issue both objectively and subjectively.

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To assist in analyzing this issue, Shawnee County Parks & Recreation have compiled data that includes community benefits. To address the topic the commission is likely to ask, "Does the value of the long-term benefits to the Community such as; improved quality of life, improved aesthetic and managed land use, protection for wildlife, heritage and cultural preservation, transportation, environmental, recreational, health and physical fitness benefits, received from recreational trails compare to or supersede the value of other recreation facility needs and needs of Shawnee County?" Also, "Should trail development be viewed differently than the other traditional recreation activities operated by the County?"

Important Facts In General:

A comprehensive system of trails needs to accommodate non-motorized travel and provide benefits of that non-motorized travel to citizens of the City/County.

The comprehensive system of trails needs to be a part of a larger regional mobility system with connections between trails to bike routes and bike lanes.

Trails must be designed to be compliant with the American Association of State Highway and Transportation Officials (AASHTO) as KDOT and local governments use these AASHTO standards for bikeway projects funded by Federal programs.

Recently the City of Topeka developed a Bikeways Plan and the Topeka Metropolitan Transit Authority has developed transit services that are compatible with bicycle travel with bike racks mounted on the front of buses. Connections between trails and these transit routes will become more and more essential for intermodal travel.

Benefits of Trails: (Excerpts from Regional Trails and Greenways Plan) Quality of Life and Image Benefits Trails and greenways enhance a community's quality of life. Trails and greenways promote health and

fitness by providing an enjoyable and safe place for walking, cycling, horseback riding, and other activities removed from the hazards of motor vehicles. Trails and greenways contribute to economic vitality and greater tourism. Trails and greenways educate people of all ages about the value and importance of the natural environment. Trails offer an alternative travel mode choice to motorized vehicles by connecting homes with schools, offices, shopping areas, and by contributing to a healthier environment, with cleaner air and less traffic. A trail system can also contribute significantly to a region's positive first impression presented to visitors and potential investors.

Aesthetic and Land Use Benefits Trails provide a wide range of benefits to trail users, local landowners, and local communities since they

are multiple use, multiple benefit resources. Residents and visitors alike enjoy the aesthetic beauty and protected open space of trail corridors, while local communities receive benefits from tourism generated business and increased community pride. Trail corridors can also be used to provide buffers between different land use districts, such as a light industrial use district on one side of a trail corridor and a residential district on the other. Having different types of uses along a trail corridor can make travel along the trail more interesting and reinforce the need for the trail to not only act as a travel way, but also as a buffer zone. Trail corridors can also improve the aesthetics of the edge of a district, such as an industrial district, that has not historically been associated with good looking development; and trails can help establish a smooth transition from a zone, such as a residential district, where aesthetic factors are important to a district where they may be less valued. Since many trails follow creeks, rivers, and railroads this aesthetic buffering role of trail corridors is often a welcomed aspect of trail system development in metropolitan areas.

Economic Benefits Trails and greenways provide economic benefits. They can create jobs, enhance property values, expand

local business and promote our community. Quality of life is an important factor in making business 3

location decisions. Sites adjacent to trails can be more attractive to prospective tenants. Active wellmaintained trail corridors can send a strong signal to prospective investors that a region is vibrant and populated by people that take pride in their region. Trails also portray a positive image of a community. Trails can help a community make a statement that it is concerned about quality in its built environment and that it wants to attract and retain high quality businesses. A region that presents this positive image is more likely to attract economic development, and a good trail system can help do that.

Recreation Benefits Trails provide easily accessible and low cost outdoor recreation for an incredibly diverse group of people.

Walking, running, pushing a stroller, roller blading, bicycling, horseback riding, bird watching, or studying nature are just a few of the things that can be done along trail corridors. Trails often become locations where all age groups and social classes interact socially and develop a common interest -enjoyment and protection of the trail system.

Wildlife Protection Benefits Trails and open spaces provide the opportunities to protect habitat and wildlife while providing a means

for people to observe and learn about these species. Trail corridors can also serve to maintain and/or reestablish wildlife habitat connectivity and by doing so preserve the variety of wildlife in the urbanized parts of the region.

Transportation Benefits Trails provide safe, alternative transportation routes between work places, parks, residential areas,

shopping centers and schools. Unlike some modes of transportation, trails are available to everyone, including children, seniors, and persons with disabilities. Bicycling and walking require less space than motor vehicles, thus increased use of non-motorized travel helps decrease roadway congestion and the space needed for motorized transportation facilities. The development of a regional trail system that is coordinated with the roadway and transit systems can enhance the entire regional transportation system and provide many choices for mobility. Although the automobile may be the only feasible mode choice for many longer trips in our region, the development of a well connected regional trail system can provide a good non-motorized option for many of the shorter trips ( < 3 miles) made by residents of our metropolitan area.

Land Use Planning and Street Design Benefits Trail systems can provide welcomed connections in and between neighborhoods so that people can easily

walk or bicycle around their part of town instead of always having to jump in the car to make even short trips. The ability to easily make short trips ( < 3 miles) via a trail system instead of a motorized vehicle dominated road system can have tremendous impacts on neighborhood design and street network design. Trail systems can encourage some people to use their car less, buy fewer cars per household, and most importantly not assume that every trip must be taken by car.

Trail systems can also encourage the use of Traditional Neighborhood Development (TND) principles in redevelopment and newly developed areas. TND encourages the construction of houses without garage doors on the front fa<;ade (garages are hidden around back or on the side), and TND encourages the use of features that increase the "walk-ability" of neighborhoods. Trails can have significant impacts on both land use and transportation system planning. Trails can help make land uses more enjoyable for residents in the area by providing aesthetically pleasing connections.

Trails can help reduce public maintenance costs for streets by discouraging the overbuilding of local streets to standards desired to accommodate auto dependency rather than necessary property access and mobility. ·

Environmental Benefits Increased use of trails and the availability of open space provide a significant opportunity to help our

environment. One of the greatest environmental benefits of bicycling and walking is the decreased 4

use of fossil fuels of which we have become so dependent. This is a critical factor in many metropolitan areas that do not meet Federal air quality standards. Although the Topeka Area is currently an attainment area for air quality standards, it is still important to encourage non-motorized travel where possible so that our region can more easily maintain our clean air quality.

Another environmental benefit from trails is that many trail corridors can be used to re-establish places for storm-water management projects that can reduce erosion and river silting as well as establishing urban wetlands that can help improve water quality. Trail corridors can also discourage the illegal dumping that threatens the environment.

Heritage Awareness and Cultural Preservation Benefits Trails provide ways to observe and protect our heritage. Trails give us the opportunity to protect and

preserve lands and buildings of historic and cultural interest which link us to our past. Since much of our history was based on pedestrian, horse trail, and railroad travel many trail corridors can serve to retain the paths used by historic figures and/or pathways of historic significance in the region. Many times a trail will more closely follow these historic paths than a nearby highway. Trail corridors can also be developed around a historic theme, such as the Underground Railroad or the Westward Migration. Therefore, trail corridors can be both thematic and interpretive historical assets.

Health and Physical Fitness Benefits Increased levels of trail use can result in significant benefits in terms of health and physical fitness, not

only in the individual, but also for the community as a whole. Activities that build strength, endurance, balance, and flexibility have been shown to protect against injury and disability. A healthy population is typically a positive attribute for a region's economy and quality oflife.

ASSESSMENT

I. Partnerships This Board of Commissioners on several occasions has expressed their motivation for the exploration of

partnerships with other entities to be better stewards of public funds. The Department implemented a Partnership Policy over a year ago to allow for the proactive recruitment of such partnerships.

A major component of the Strategic Program Plan for the "new" Shawnee County Parks & Recreation is the priority to build partnerships. As budget constraints increase the need to explore potential partnerships will become more important. The partnership with the Kansas Turnpike Authority (KIA) clearly meets department priorities; the development and implementation of partnerships with private business for public recreation offerings and the development and implementation of partnerships for facility development and expansion of community programs, Park and Recreation facilities and opportunities.

A main goal for Shawnee County Parks & Recreation partnerships is to enhance public offerings to meet the mission and priorities of the Department. "Shawnee County Parks & Recreation is interested in promoting partnerships which involve cooperation among many partners, bringing resources together to accomplish department priorities." This potential partnership accomplishes the "bringing together resources"; KTA, State of Kansas, City of Topeka, the United States Government as well as numerous private individuals, groups and users of the comprehensive trail system. This potential partnership provides a method to accomplish this task with limited resources, respond to this compelling issue, encourages cooperative interaction and involves outside interests.

Benefits of this partnership for the County and the Community: The merging of resources to create a higher level of service and facility availability for community members, Making alternative funding sources available for public community amenities,

5

Delivering services and facilities more efficiently by allowing for collaborative business solutions to public organizational challenges, and meeting the needs of specific groups of users through the availability of land for development and community use.

This potential partnership provides all of the above benefits to the County. Additionally the offer from KT A to finance the project for the County should be commended.

The only benefit for KTA is agency image. KT A wants to be a good neighbor. KT A is replacing this bridge regardless of the County's participation. The costs to KTA will be the same regardless of the County's participation. It is my belief that they see the community "good" in this project and realize this will be the least expensive method to provide a network of trails that meet AASHTO Standards.

This potential partnership meets the needs of a significant portion of the public. The connection of the Deer Creek and Lake Shawnee trails has been identified as a top priority for trail development in Shawnee County.

II. Financial Below is a summary of findings from an economic impact report completed by Jayhawk Consulting,

University of Kansas and provided to the Kansas Recreation and Park Association. Recreation and parks provide substantial economic benefits to all citizens in Kansas. Over 73% of the population used recreation and park services at least once per week. Funds spent in Kansas recreation and parks programs, activities and employees return $1.70 for

every $1 invested, according to a well accepted economic analysis model used by Jayhawk Consulting. This means that funds spent on Kansas recreation and parks produce a positive economic value and maybe better investments than other alternatives which produce lower returns as evaluated using the same model.

Studies of real estate values in Kansas communities selected for their geographic distribution demonstrate that values are consistently higher when located close to Kansas parks.

Parks and recreation offers healthy lifestyle benefits to its users at a significantly reduced cost and, as a result, offers citizens of all ages opportunities for exercise.

It can be inferred that the healthy lifestyle benefits created in communities by parks and recreation has a substantial impact in reducing the overall cost of health care for citizens and state agencies.

Other Findings A survey of recreation and users shows the three most important benefits were exercise, general

health upkeep and fun. Over 60% of recreation and park users factored in lower cost when considering public recreation

and parks as a choice. Almost 30% of current users said they would do nothing if recreation and parks did not exist.

Potential ramifications for those non users can be measured in the negative impact on health due to the loss of physical activity and the increase in health care spending by individuals and government.

Recreation and park services are saving users significant amounts of money when compared to similar private facility usage costs and serve as a key benefit in a recession economy.

Kansas residents value the availability of recreation and parks.

III. Demand Connecting the Deer Creek and Lake Shawnee trails has been identified as a top priority for trail

development in Shawnee County. This route was part of the Topeka Metropolitan Planning Organization's priority transportation projects and would connect a significant portion of Shawnee County to the Regional Trails network and also the Topeka Bikeways plan which received funding fromKDOT.

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IV. Limitations/Opportunities It is important to point out that the section being proposed has been called a sidewalk which is not entirely

accurate. There are significant differences between a sidewalk and an AASHTO compliant alternate transportation route.

Placing a non-compliant section between two (2) compliant sections would seriously jeopardize assistance from federal funding whether Transportation Enhancement funding or the new MAP-21 funding both provide an 80:20 project match.

To return after KTA has completed the construction and add the AASHTO Trail section would be much more expensive than participating during the original construction.

Are there alternative routes? Yes. Alternative routes have been explored and all would require crossing the Croco Road Bridge which provides a shoulder that does not comply with AASHTO Standards. Complicating this issue is a significant portion that has been built to City of Topeka sidewalk standards but is not compliant with AASHTO Standards. Constructing a separate bridge for trail users only would be more expensive and require KTA to allow the County to work in their right of way and over the turnpike, both very unlikely.

KT A is unlikely to construct another bridge in this area. The replacement of the Wittenberg Bridge will likely not happen for sixty (60) years.

Comparing the expense to salaries is not a fair comparison. A more direct comparison would show that this trail addition to much less expensive than an increase to employee salaries. Of Course routine maintenance will be required. However this expense will be a long-term investment and when divided over sixty (60) years would amount to less than $10,000 per year. Whereas a $450,000 increase to employee salaries would amount to $450,000 per year at a minimum, times sixty (60) years equals $2,700,000.

V. Project History-Financial In February 2013, Board of Commissioners approval was requested and received on a Resolution authorizing Parks &

Recreation to submit an application to the Kansas Department of Transportation (KDOT) for Transportation Enhancement Program funds set forth by the current Federal Transportation Plan.

This project, called the Deer Creek Trail Project extends from approximately SE lOth Street to SE 29th Street and will provide a connection to the existing Lake Shawnee Trail. This project is identified in the Topeka-Shawnee County Regional Trails and Greenways Plan that was adopted by the Board of County Commissioners and the City ofT opeka City Council in 2001. The linkage of the Deer Creek Trail and the Lake Shawnee Trail is a key linkage that will open up the SE part of the City to Lake Shawnee and the amenities that the Lake provides as well as the development of a transportation corridor from theSE part of Shawnee County to downtown Topeka and points to the west.

A critical component of this trail project is a means to cross the Kansas Turnpike. The Kansas Turnpike Authority had released a Request for Proposals to replace the bridge at SE Wittenberg Road over the Kansas Turnpike offering an opportunity for Shawnee County to partner with them to include a pedestrian/bike path in the design and construction of the bridge. This added cost to construct the bridge needed to be borne by Shawnee County but offered the County the most efficient and least costly means to cross the Kansas Turnpike and continue south with the Deer Creek Trail.

Approval of the Resolution was a necessary component of the grant application process. Without approval of the Resolution Shawnee County's grant application would not have been considered by KDOT for approval. Cost estimates for the trail extension were being developed at that time. Should we have received the grant there would have been up to 80% participation by the Federal Government with Transportation Enhancement Funds.

The estimated cost of Shawnee County's participation in the bridge construction at this time was $600,000.

In March 2013, The Shawnee County Parks & Recreation Department submitted a grant request to fund the project.

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In May 2013 Board of Commissioners approval of the agreement with the KT A to participate in the bridge replacement

was requested. The contract created a partnership between Shawnee County and the KT A for improvements to and expenditures associated with the replacement of the Wittenberg Bridge over the Kansas Turnpike.

The KT A was committed to replacing the bridge at Wittenberg Road and offered to partner with Shawnee County for the addition of a AASHTO compliant trail section that met the requirements of transportation enhancement grants and would provide us with a manner of crossing the turnpike.

KT A agreed to include in the project the design and construction of a AASHTO compliant trail section on the west side of the bridge with Shawnee County paying for the costs associated with the trail section. In an effort to address concerns voiced by me, KT A agreed to allow Shawnee County to pay for its share of the costs in two (2) payments 50% of the estimated cost on or before July 5, 2014 and the balance on or before January 9, 2015.

The estimated cost of Shawnee County's participation in the bridge construction at this time was $561,860 spread over two (2) years with a payment in 2014 and one in 2015. Shawnee County Parks & Recreation recommended the transfer of program user fees into the Parks & Recreation Building Maintenance Fund (31BMOOO JL 397) to cover the cost of this project.

Commissioner Buhler's motion did not receive a second. In June 2013 Following the May 2013 Board of Commissioners meeting, staff met with KTA officials. KTA brought

to our attention that their contractor Cook, Flatt, and Strobel Engineers, P.A. had proposed an alternate bridge plan. This bridge plan was significantly less expensive to construct but also significantly more expensive to add-on to later. Several meetings were held and various options discussed.

On June 19, 2013, the Shawnee County Parks & Recreation Advisory Board discussed the item as part of their regular monthly meeting. A unanimous vote of the Board to support the partnership with KTA resulted from the discussion.

In July 2013 The project is being placed before the Board of Commissioners again. The new plan is significantly less

than the previous plan with total cost estimates to be $450,700. KTA is willing to finance the project over a five (5) year period. The amount KTA is willing to finance is the actual cost of the County's improvements plus interest.

RECOMMENDATION

Approve a Partnership with KTA for inclusion of an AASHTO compliant section of trail during the replacement of the Wittenberg Bridge. The department will submit another request for MAP-21 funding to connect the Deer Creek Trail to the Lake Shawnee Trail.

Funding Options: Fund the project through the Parks & Recreation Building Maintenance Fund (31BMOOO JL 397) which

will require the transfer of program user fees. Access the Parks & Recreation contingency from the recent Certificate of Participation (COP) for initial

costs and finance the remainder on future COP's. The County would pay KTA $150,000 on July 5, 2014. At the end of the project, upon determination as to the actual cost of the Trail, the County will pay KTA the difference plus $2,000 administration costs and any interest incurred beginning January 2, 2015.

Allow KTA to finance the project with payments over the term of the contract. Beginning January 2015, and each year thereafter through January 1, 2019, the County will pay KTA the actual cost of the Trail and transaction costs that include administrative costs and interest as spelled out by contract.

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Documents

BOARD OF COUNTY COMMISSIONERS AGENDA ......2013/07/11 · Stephanie Worthington of Mayer, Hoffman. McCann -CBIZ Rick Felsburg of WIBW-TV13 Ken McDonald, MT AA Director of Maintenance