BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY

BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, SEPTEMBER 16, 2013, 9:00A.M.

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

1. Presentation regarding local Keep America Beautiful government category award to the Solid Waste Dept. for waste reduction and to the Parks and Recreation Dept. for beautification.

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Consider acceptance ofthe August 20 13 bank reconciliation report- Treasurer.

2. Acknowledge receipt of correspondence from Sheriff Jones regarding a membersh ip in the Kansas Law Enforcement Accreditation Coalition at a cost of$50.00 to be paid from State Forfeiture funds .

3. Acknowledge receipt of correspondence from Sheriff Jones regarding renewal of annual maintenance for the BEAST barcode system (Contract C438-2013) at a cost of$1,217.00 annually.

4. Acknowledge receipt of correspondence from Sheriff Jones regarding the hiring of a Communications Technician at an hourly rate of$17.85 beginning October 7, 2013 .

5. Consider authorization and execution of the fo llowing Parks and Recreation contracts:

(a) Contract C439-2013 with Mimi Smith for 2-hour Yoga workshops at Crestview Community Center at a rate of 50% of each monthly workshop revenue;

(b) Contract C440-2013 with Breeanna Poles to instruct pre-school classes and assist with preschool programs at $15.00 per class;

(c) Contract C441-2013 with Lois D. Cook to provide EMT services for various events for the 2013 Kansas Senior Olympics at a rate of $150.00;

(d) Contract C442-2013 with Topeka Civic Theatre and Academy/Helen Hocker program for theatre classes at a rate of $20 per student, with a minimum of I 0 participants;

(e) Contract C443-2013 with Creative Self Designs/Charlene Jones for instruction in floral design at a rate of class fee less $5.00 per student.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

I. Consider all voucher payments.

2. Consider correction orders.

3. Acknowledge receipt of a petition for attachment of land to Rural Water District No. I and consider setting hearing date of October I 0, 2013 at 9:00 a.m.

4. Consider approval of Resolution No. 2013-122 authorizing the County Clerk to cancel a checkCommissioner Buhler.

5. Consider approval of Resolution No. 2013-123 authorizing the County Clerk to cancel and reissue two checks-Commissioner Buhler.

B. INFORMATION TECHNOLOGY- Pat Oblander

1. Consider approval of request for out-of-state travel for an employee to attend a two day regional New World Users Group meeting.

C. PARKS AND RECREATION -John Knight

I . Consider approval of request to solicit bids for service to elevators in all Shawnee County buildings.

D. COUNTY COUNSELOR- Rich Eckert

1. Consider authorization and execution of Contract C444-2013 with the Sherwood Improvement District authorizing Shawnee County staff to assist the Sherwood Improvement District with the abatement of nuisance conditions existing within the District with reimbursement to the County at an amount of $50.00 per hour for non-attorney staff time and $125.00 per hour for attorney time and reimbursement for all expenses incurred.

E. HEALTH AGENCY- Alice Weingartner/Allison Alejos

I. Consider authorization and execution of Contract C445-2013 with GO BEYOND, LLC allowing the Shawnee County Health Agency Fetal Infant Mortality Review staff to utilize a database called BASINET at no cost to the County.

F. COMMISSION

I. Consider approval ofReso1ution No. 2013-124 setting the 2014 holiday schedule- Commissioner Buhler.

2. Discussion of participation in the Kansas Statehouse County Map project.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

DATE:

TO:

FROM:

CC :

RE:

Shawnee County Office of County Treasurer

Room 101 , Courthouse, Topeka, Kansas 66603 Phone 785-233-8200 Ext 5161 http://www.co.shawnee.ks.us

LARRYMAH COU NTY T REA SURER

MEMORANDUM

September 10, 2013

Shawnee County Board of Commissioners

Larry Mah, Shawnee County Treasurer W

Simon Martinez, Deputy Financial Administrator

August 2013 Bank Reconciliation

Please place this request on the Monday, September 16, 2013 Board of County Commission Consent agenda for final approval of the August 2013 bank reconciliation report. This bank reconciliation report has been reviewed and approved by the Deputy Financia l Administrator.

Thank you for your time and consideration.

August 2013 Bank Reconciliation

Ending balance Per IFAS

Reconciling Items

Less :

Credit cards (posted to bank in Sept. )

Deposit in Transit (posted to bank September 3, 2013)

Pay Pal payment (posted to bank September 3, 2013)

Add:

Outstanding checks as of 8/3 1/ 2013

Credit Card payments (posted to IFAS in September)

ACH Credit-KS Claims Payments (SCHA) (posting to IFAS in September)

ACH Credit-MedicarePayment (SCHA) (posted to IFAS September 3, 2013) ACH Credit-St. of Ks Smart Payments (SCHA) (posting to IFAS in September)

ACH Credit-AGP Claims Payments (SCHA) (Posted to IFAS September 4, 2013)

ACH Credit-St. of Ks Smart Payments (DA) (postted to IFAS September 3, 2013)

ACH Credit-Misc. Pay (Sheriffs) (posted to IFAS September 3, 2013)

ACH Credit-Misc. Pay (Register of Deeds) (posted to IFAS September 4, 2013)

ACH Credit-Misc. Pay( Dept. of Corrections) (posted to IFAS September 3, 2013)

Adjusted ending balance

Vault cash

Ending balance per US Bank

Ending balance per UMB Bank

Difference

Prepared by: tjt

Shawnee Co. Treasurer's office

9/5/2013

$ 14,073,124.00

$ 14,073,124.00

$ $ $ $

$

$ $ $ $ $ $ $ $ $

$

$

$

$

48,159 .61

231,161.33

518.58

279,839.52

1,103,191.84

2,050.32

13,955.39

2,198.09

1,011.15

539.67

4,640.00

115.02

40.00

4,003.15

1,131,744.63

14,925,029.11

4,000.00

221,321.03

14,699,708.08

14,925,029.11

Shawnee County

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

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

785-368-2200

MEMORA NDUM

September 9, 2013

TO: Board of County Commissioners

FR: Sheriff Herman T. Jones

RE: KLEAC Membership

We are requesting membership in KLEAC, Kansas Law Enforcement Accreditation Coalition. This group meets twice a year with other agencies involved in GALEA. By networking with other agencies it will help us better prepare for our onsite GALEA assessments. Membership dues are $50.00 and will be paid from State Forfeiture funds.

Please place this on the Monday, September 16, 2013 consent agenda.

Sincerely,

-- -~~- -

~~2:~ Herman T. Jon Shawnee Coun y Sheriff

Shawnee County



785-368-2200

MEMORA N DUM

September 10, 2013

TO: Board of County Commissioners

FR: Herman T. Jones

RE: Porter Lee Barcode Maintenance

We will be renewing the annual support for BEAST barcode system with the Porter Lee Corporation. The support fee is $1,217.00 for the period October 2013 through September 2014. We will be using budget funds to pay for this.

Please place this on the Monday, September 16, 2013 consent agenda.

Sincerely,

~~ Herman T. Jones/ __ _ Shawnee County Sheriff

§ J

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

Porter Lee Corporation

1901 Wright Blvd . .. Schaumburg, IL 60193

1'-··-·------------------- ---------··---·------... BILL TO

----------------·------·----·-·----Shawnee County Sheriff s Department Accounting 320 South Kansas Ave Suite #200 Topeka Kansas 66603-3641

--------------------------·- ------'

DATE

C LJ J~ -:toiJ

Invoice INVOICE NO.

___ 9_1_31_20_1_3 _ _ ~1 __ 1_3_4_3_7 ____ _

/---------·---------------------......

SHIP TO

Shawnee County Sheriffs Department 320 South Kansas Ave Suite #200 Topeka, KS 66603-3641 USA

----------------------------,,.-------- - ---.., Purchase Order# TERMS DUE DATE

Net 30 10/3/20 13

IT-;~---~------D-;~;-~~~T~~ Serial # QTY RATE AMOUNT ------------4~-------------------------r------r·-------r-----+-----~ Annual Support Annual Support Fee (BEAST Barcode System I I ,217.00 1,217.00

''

;

<··

Oct 20 13 - Sept 20 14)

.. -··-- --·-- .,_ _ ----·~

SEP - 9 ~0 3 ·-

----· ---~----· .. ______ ... ~ __ ... _

. ,. . ·- - ~ . ; _. - .

----- ------- --------·-·-·-----------·---------- - -·--------- - --·- -r-------'----------L.......---------

Phone# Fax# Email Web Site Total $1,217.00

1---------·----------l

847-985-2060 847-584-0556 [email protected] www.porterlee.com Payments/Credits $0.00

FEIN 36-4103323 r----------------------Balance Due $1,2 17.00

1--------·-------·-----------------------------

September 12, 2013

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

Re: Hiring of Communications Technician

Shawnee County



785-368-2200

c We have been working hard over many months to fill the position of Communications Technician within the Shawnee County Sheriff's Office. During that process, we interviewed several candidates and found two qualified candidates. One of the two withdrew from the process. We hired the second candidate. He resigned after a short period of employment with our agency and returned to his former employer.

We reposted the position and have hired another qualified candidate , who has one year of prior experience working with a private rad io shop. He also has about one year of experience as a Communications Specialist with another agency. I have offered a salary of Range 24, Step 6, $17.85 per hour. Our qualified candidate has agreed to come to work for Shawnee County with a hiring date of October 7, 2013.

We have consulted with Human Resources Director Jonathan Thummel, who is in agreement with this request.

Please place this on your September 19, 2013 agenda.

Respectfully submitted,

~~~ Herman T. Jon , Shawnee c_9- ty Sheriff

September 11 , 2013

TO:

FROM:

RE:

Board of Commissioners Shawnee County

~

Jolm E. Knight, Director \ Parks & Recreation ' \

- ~

Service Contracts

SHA\\\[[ OL '.T\

PA Rh:S & RECRE.-\ Tl0'

.101-l'\ E. K"-IGHT

DfRECTOR

?137 SE :29n 1 Sr. TOPEl'-.-\ . Ks 66605- i 885

\78 .5 \ :2.5 1-:.600 johii.knight ZJ srco.us

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

The following Service offerings are:

Contractor Mimi Smith Breeanna Poles Lois D. Cook Topeka Civic Theatre/ Helen Hocker Program Creative Self Designs

Contracts reconm1ended for privatization and/or partnership program

Program Instruction Program Instruction

Services Provided

EMT Services - Kansas Senior Olympics Program Instruction

Program Instruction

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

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

JEK/gcl Attachments RL

SHA \>VNEE COUNTY CONTRACT NO. C LJ J 1 -2013

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and =-:.M=im=i---"S=rru=·=th:..:__ ______ _ (Contractor) .

1. SERVICES TO BE PERFORMED

Contractor agrees to perform the following services for County:

Yoga Workshops 10:30-12:30 Saturdays

This Agreement shall commence on ·..JL_1; '-q, .'o ~, , _1l_ 201 _::::___, and shall end on i).:::..~~J·. 1;:. ... .., , _ -3 _l _, 201~, unless this Agreement is terminated sooner or extended

in accordance with its terms.

2. PAYMENT

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

Task Duties Compensation

Instruct Yoga Workshops Plan, organize, promote and instruct $ 50% of each

Crestview Community monthly yoga workshops; 2 hours per monthly workshop workshop

Center revenue

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

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION

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

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 1099 will be filed by the County for all payments received.

4. INDEMNIFICATION AND HOLD HARMLESS

Contractor shall save, hold harmless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs, including reasonable 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 om1sswns, 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 of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal oppo11unity employer"; (c) to comply with the repor1ing 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 of Kansas.

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

4

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

___________ , Chair

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

Cynthia A. Beck, Shawnee County Clerk

CONTRACTOR ~

/1/{ I r~ I 0 f'YI, I+~ Printed Name~ ;<:J;___r Address 3 Cjo I b r u r j LQ.J\..L & {.p 1£ 0 + Date : 0 ( ~ 'J I/ 3

I I

5

· /\. P ~~~ ·:"";:J~/;:;; d 8:) .i:c ::: ~--j :J ~:: (j (f:l : 0 :-:-

SHAWNEE COUNTY CONTRACT NO. C tj'-f 0 -2013


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



Instruct pre-school classes and programs at Crestview Community Center.

This Agreement shall commence on ~ . ~~- 1'~, '_..~'-- , 201 ____}_, and shall end on 1:~~ ~ , .. ~'\.-'--- · , ~' 20 l __:_, unless this Agreement is terminated sooner or extended

in accordance with its terms.

2. PAYMENT

In consideration of the serv1ces to be performed by Contractor, County agrees to pay Contractor as follows:


Instruct Pre-school Plan, coordinate, prepare supplies and $15 per class classes and assist with instruct pre-school classes at Crestview pre-school programs. Community Center. Classes will vary from a

1 day program to multiple weeks. To include 30 min. per program for set up/clean-up.

i.e . Science and Me (4), Pint Sized Picassos (4), Fall Color Spectacular(2), Creepy Critters, Spooky Halloween Crafts(2), Pilgrims on Parade, Torn Turkey, Here Comes Santa (2)

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.







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



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


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 .


4. INDEMNIFICATION AND HOLD HARl\tJLESS

Contractor shall save, hold harmless, and indemnify County, its officers, agents and employees, from and against all claims, ca~1ses 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 performed under this Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.

5. INSURANCE



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. TERlVIINATION 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 possessi"on of any of Contractor's equipment, leased or otherwi'se, provided to County under the contract. County will pay to the Contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by County, title to and possession of any equipment purchased by the County under the contract, but not fully paid for, shall revert to Contractor at the end of County's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the Contractor.


The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act ( 42 U.S.C. 121 0 1 et seq.) [AD A] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the .repmiing requirements set out in K.S.A. 44 103 1 and ,K.S.A. 44-1116 ; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of ( c}

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




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




This Agreement may be terminated by either pmiy by giving the other party written notice of the intent to tem1inate. 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.



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 thi s Agreement. ·

4

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

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


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.



ATTEST:


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

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


----. Printed Name: '\~ :-2.-(')} !'~(\t."\ \-{\<~-s

Address: ,S 2::_; '· s~'"' '\ .. I l ,·, ·-' -r;-:1"'\~ 1 I\._,.{_

'

Date ·. !'2c /C; 111'1 7 0\~ --~\ =~=~\7-~-~' ~"~·~~~------------------

5

,..-.. ;.': 'Y-:; · i ~:: :: ::: :.; c:: 1..."~ (!.:-'"? _r S:i ;...-~ .. ; ;~ : ;:; •") '··;··J·) ; : ~n·.:._•..r...:. .t:·-=~~ ... ~- --

_,'_: ____ _ ,. ___ .·.;.. -- - -; .. ,___ ·. ~..: - ·r-~·--_,. .. __ ., .. -'0:'' ,-..--·;, ... ..,.,..,,... .. ·. ---

,\.-.:.-__ .. -i·. ( ... ,.:_~~ . '~-~: ~::J>1-3'=j'__ : .. ~~~{

SHAWNEE COUNTY CONTRACT NO. C y~ I -2013


THIS AGREEi\JENT is between THE BOARD O F COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and __ LOIS D COOK Contractor).

L SERVICES TO BE PERFORMED

Contractor agrees to perform the following services fo r County: /

~Provide EMT Services for various events for the 2013 K:msas Senior Olympics

This Agreement shall commence on _September 25 , __ 2013_, and shall end on _December 31 , _ _ , 2013_, unless this Agreement is tenninated sooner or extended in accordance with its terms.

2. PAYMENT

In consideration of the services to be perfo1med by Contractor, County agrees to pay Contractor as follows:

Task Duties Compensation Provide standby EMT Provide EMT services for athletes $ 150 services for athletes

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 enteliainment; . 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.


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


l




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

f. Contractor or Contractor's employees or contract personnel shall perform the services required by th.is Agreement and Contractor agrees to the faithful performance and delivery of described services in accon.lunce with the time frames contained herein; Cotmty 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 tills Agreement.

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

Fwther, 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.



4. INDEMNIFICATION AND HOLD HARMLESS

Contractor shall save, hold harmless, and indemnify County, its officers, agents and employees, from a.r1d against all claims, causes of action, liabilities, expenses and costs, including reasonable attorneys1 fees, for injury of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.

5. INSURANCE

2



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


Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to Contractor at least thirty (30) days prior to the end of its cunent 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 reyert to Contractor at the end of County's current fiscal year. The tennination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the Corn1ty or the Contractor.

8. ANTI-DISCRilVIINATION 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 discrirninate 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 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

3

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.




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 othervvise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

11 . REPRESENTATIVE'S AUTHORITY TO CONTRA CT.


12. TERlvUi~ATION 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.



b. All notices and other communications in connection with this Agreement shall be in \Witing 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.

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.

4

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 pariies and may only be modified or extended by a written amendment signed by the parties hereto.

f. The invalidity, illegality, or nnenforceabili ty of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no \vay 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.


IN WITNESS WHEREOF, County and Contrac tor have executed this Agreement.

ATTEST:

COUNTY BOARD OF COUNTY COM.MJSSIONERS SHAWNEE COUNTY, KANSAS

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

Date:

Cynthia A. Beck, Sha\\1l1ee County Clerk

CONTRACTOR

Printed Name: Lois Cook ----- ~------------

Address: _200 Walnut St., Wamego, KS 66547 _

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

5

SHA 'rYNEE COUl\TY CONTRACT NO. C l.f'l1. -2fJ13

INDEPE."iDEi\IT COI'HR.-\CTOR ACR~~ L\!ENT FOR SERVJC£S

T HIS AGREE:\ lL\T is between THE BO-\RD OF COLNTY C0\1\!JSS!OMRS OF TI-lE COL:'ITY OF SHA\YNEE, K.-\'IS .\ S (County) and Topeka Civic Theatre & Academv/Helen Hocker Pro<rram (Contrac tor).

· 1. SERVICES TO BE PERFORMED

Contractor agrees to perfotm the fo llowing services for County:

Topeka Civic Theatre & Academv. t hro u~h our oro~ram at Hden Hocker Theater, wi ll provide theatrical arts Beginning Acting, classes at Rossvi lle Community Center for re<.Zistrants ti"om Rossville and Silverbkc. These wi ll b~ weekly clas s·~s for a~es 7- LO. The session wi ll be for one hour and run for eight weeks.

This Agreement sha ll commence on September 3. 10 t 3, nnd shall end on October 25, 201 3, unless this Agreement is termina ted sooner or extend·~d in accmdance with it3 tetms.

2. PAYMENT

In considerJtion of the servtccs to be perforr:ted by Contractor·, County agrees to pay Contracto r as fo ll ows:


Theatre Classes Provide Beginning Actin::; I $~0 per stud-::nt, with a minimum cL.tssc:s following :1 fonn::ll ot I 0 parttcJpants requ tred.. SCPR lesson plan. Conclude with wi II charge partic ipants Jnd then a share-day pt'oduction. p:.1yTCTA.

Contrnctor shall be responsible for all e:<.penses incun·ed while perfo rm ing services under th is Agreement This inc ludes equipm~nt: supplies; tr:Iephone expens·:s: automobile and other travel expenses ; meals ancl entertainment: insur~1nce premiums: and all salary, expenses and other compensation paid to Contr:.h.:tor's employees or contrad personnel Contractor hires to complete the work under this Agreement.

3. li\DEPENDENT CONTR-\CTOR STATUS AND CERTIFICATiON

Contractor is an independent Contractor, not a County employee. ContrJctor's employees or contract persormel are not County employees. Contractor and County agree to the following right:; con:;istent 1.vith an irrJep.:ndenL Concr:Ktof rebtionship

a. Contracror has the right to p~r t;)nn services t~)r oth~ rs durin~ the term ot' this Agro::emem.

b. Contractor has the sole ri.ght to concrol and dirc:ct the means, manner and method by which the services required by this Agreement \Yt ll be pertormed.

c. Contractor shal l not be assigned a work location on County premises. and Contractor has the right to pc:rfonn the services required by this ·Agre:::mc:nt at any place, location or time .

d. Contractor will furnish all equipment and materials used to provide the services required by this Agrc:c:mc:nt.

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

f. Contractor or Contractor's employees or contract perSl)nnd shall perfonn the services required by this Agreement and Contractor agrees to the faithful pertom1ance cmd delivery of descri bed sen.ices in accordance with the time t'rames contained herein; County shall not hire, supervise ur p<1y any assist:mts to help Contractor.

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

h. County shall not require Contractor or Contractor'-; employees or contact personnel to devore full time to perfo rming the services required by this Agreement.


1. That Contractor is nor <1i1 employee ·o r' County c1!ld ther•::by Ccm tractor waive:> any and all claims w benctit:; othe:~:v ise provided to employees of the County. including, but not I imitcd to medical. dental, or other personal insttrance. retirement benetits, unemp loymen t benelits, and li"bi lity or worJ..:er'.-; compensation insurance.

J. Contractor must provide Federal Tax or So,:ial Security Number on required Form W-9.

k. That Contractor undersl::tncls that he/she is so lel y respon . .:; ibl.::. individu:llly fo r all taxes and socia l security payments applicable to money rece[veJ for services herein provided. Contractor understands th:.1t an IRS Form I 099 will be tiled by the County for all payments received.

-+. l.\IDEi\1N1FI C.\ T IOi'i A:"'D HOLD HARL\ ILESS

ContractLlr shall ,;a\'e. hold harmlc:-;s, and inJc:mn it'y County, irs oftic:er:;, agents and employees, t'rom and agJ. in,;t all clairns, Gtus.;s o t' :.1ction, !LJbilities. exp..:.-n:;cs and cosc.s, including reetson:1bk attomcys' f.:-:s, ti1r injucy ot ~wy person ur dam:.t~e tll property ari;;ing our of. or corrnecled with. wurk pert~Jll11ed under this Agn:em•.::nt 1.vh i..: h i5 rh.: result of any

)

acts or omtsstons, whether negligent or ·.) tllct\ ';[sc, of ContrJ..:tor. its uffi..:c:rs, ag·.::nts, subcontractors ot eLnp loyees .

5. 10/SUR.A.NCE

The: County sh~1ll not be required to purchase, any insurance against loss or dama~e to any persohal property to which this cotitrad rcLttcs, nor .. ;hull th is contract requ i rc the County to establish a ·· sctf-insu r ~.ll1cc" funLi to protect a;:.1ir. st :.1ny such loss or d~1m~1ge. Subject to the provisions of the Kansas Tort Claims Act (K S.A. 75-610 l et seq.). the Contractor shall be:u the risk of any loss or damage to any personal prop,:ny to wh ich Contra...:tor holds title.

6. OWNERSHIP OF PRODUCTS/DOCCMENTS

Contractor hereby assigns tu County all rights to al l products, report:>, docLtmcnts, photographs, videos, data, and drawings produced by Contractor as a result of its se:-vices to County during the term of this Agreement.

7. TERMfNATJON D'I.JE TO LACK OF FUNDING APPROPRL-\TIOl'i .

Shawnee County is subject to the Kan:;as Ca:1 h Basis Lnv , K.S.A . l 0- ll 0 I et seq. If, in the judgment of the Fin::tncio.l Administro.tor, Audit-Finance Oftice, sufti.c icnr funds are not o.ppropriated to continue the function performc:d in this agn~·=m•.::nt and llx th~ payment of the charges hereunder, County ma~' termin:.ltc thi s <.l ~rc:ement ::1t tho:: end of ib current fiscal year. County agrec:s to gi\·e v-.-rittc:n notic.c of tc:rmination to Comrnctor at le:-tst thirty (30)

days p1ior to the end of its current ti. sca[ year. Cnntractor shall have the right, at the end of such fiscal year, to take pos::>cssion of any of Co ntrao..:tor' s equipment. k:Jscd or olher·,visc: , provided to County under the contract County will pay to tbi..· Con tr:1ctor all regular contractml payments incutTed through th •.: •.:nd uf st:ch tiscal year, plus comractual charges inc idental to the return of any such .equipmen:. Upon tc:nr,ination. ot· th~! agreement by County, titk to and po s.:;ession of o. ny equipment purchased by th(: County und~r the wntract, but not tl.dly paid fol', ::h:ll l revert to '.::\• ntra·~t'.lf :.~t the end of Ccunty' s current tiscal year. The tem1ination of the cunt r·i.lcr puc::;u :.J rH t•J th is p:~ragr::.tph shall not cause any penalty to be charged to the County or t11e ContracWL

8. ANTl.-DJ.SCRL\Hi'L-\TlON CLA US E.

The Contractor agrees: (a) to comply with the f.,~ans as Act Ag:1inst Discriminati.on (K.S.A. 44-l 00 I et seq .) and the [<.ansas Age DiscriminJ ti<'! I1 in Employment Act, { K.S.A. 44-llll et seq.) and the appl icable pruvisi ,l ns o f the American:; Wirh Disab iliri,;s A..:t (42 U.S.C. 12101 et seq.) [ADA] and [() ·not dis..:rimi na te api ns t any person because ofrJce, rel igion: co lor, sc.\, disability, n ~1ti o nal origin or ancesti·y , or age in the admission of access to Ol' tl'eatmcnt ot· employment in , it:> pmgr::11n s c•r activities: (b) to include; in all sol icitations or adveniscmcnts for employ·=es. the ph r::.t se .. eq u ~tl opponunity employer" ; (c) t'' comp ly \\ ith the repon ing requirements set out in K.S.A . 4-1- l 03 1 o.ncl K.S .A. LJ.-ll16; (ell to include those provisions in e\~ry Sl!bcontro.ct or pun.:hJsc Ctrdc-r so that rhc;.· ar~ bindin~ upon such subcontructur or vendo1·; (e ) tha t a tJ.ilu rc to c•.)mp !y with the reporting requirements of (c) above or if the Contracwr is found guil ty of any \·[,;I :Jtion of such <I:.:ts by tl1c Kansas

Hum~m Rights Conunissi,:,n, ::,m.:h viulation shal l ..:\) n,:; titulc a br..:ach of cotHr'aL:L (f) if lhc contracting agency dc:Lermir,,; :; lhm th..: ConmJ..::Ior ila.s vio lated applicable provisions of ADA, that vio lation shall constitute a bt-..;:1ch ofcontr::td; (g) ifk) or (f) occurs. the contract may be cancelled, tcrminJted or suspended in 'A'hL)k or in part b:,; the County. Pwrtie:s t,J this contract underst:ll1d that subsection~ (b) tlu·ough (e) of thi5 paragt·aph number 5 arc no t applicab le to a Contractor who employs fc:wer tlun tour employees or who:;e conmtc t \vith the Co unty total:; 55,000 or kss during this tiscal yeJr.

9. ACCEPTA~CE OF CONTRACT

This co nt ract shal l not be conside red a<~ccptcd. approved or othenvise eff;:ctivc until the requi red approvals and certitications have be.:n givcn and this is signed by the Board of County Commiss ioners of the County of Shawnee, Kansas.

10. ARB !TRA. TION. DAi\L\GES, WARR-\NTiES .

Not\viths tanding any language to the contrary, no interpretation shall b~ al lowed to find the County has agreed to bindi ng arbitration, or the paymem of damages or penalties upon the occurrence of a contingency. Fu11h-::r. the Coumy shall not agree to p:1y :lttumey fees and late payment charges; and no provisions will be givt·n e ffec t whi ch attempts to exclude, modi fy, disc laim 0 1· otherw i s<~ attempt to limit imp lied wananties ot· m.;:n::h:~nt1bi l ity and ti tness for a particular purpose .

I I. REPRESENTAT IVE 'S AUTHORITY TO CONTR~CT.

By signing this document, the representati ve of the Cont rac tor thereby reprcs.;nts tha t suc h person is duly authorized by the Contnct,)r to e.x. ~cu te this document on bd1al f of the Contracto r and that the Conti·actor agrees to be bound by the provisiPns thereof ·

12. TERMJNATIOi\ OF AGREE:Y!El\T

This Agreement m:-~y be tcmlin<tt;:;d by either party by giYing th.: other p:my written ih1t ice of the intent to terminate. Tli.e notice must sp..;:,:[fy a elate upon which the t.:: rmin ation ~v ill be effectiv.:. which date may not be less th ::m 7 calendar days t'rom the d:He of mailing the notice. Only services sati:;fnctorily perf0m1ed up to the date of receipt of no ti..:e ::;ha ll be compensated hy County and such cnmpensatilln sh:Jil he rurs11r~t1t ro rh.e k rm .:; o f this Agreement. :\lotice sha ll he ckcmed recei ved J days atkr mai ling in the Unjred States mail, u.~ing firs t cbss mail, postage prepJid .

13. i\TISC.ELLANEOLS PROYISlONS

a. This Agre.:ment sh:-~ 1 1 be entered into in S h ~1wnee Cou my, K.:msa.:> , ~md shall b,; construed and intcqm:ted ~lC<.'ording to the Ja ;;v ofth·~ State ot' K~nsas .

b. All no tices and od1er communica tions in C llnr:e ·~ti on with this Agreement shall be in writi ng and sldl be C(msickred gi':en 3 d:1ys <lfter mail i n~ in the United St:ltes maiL using ti rst class mai l. postage prepaid, to th2 rc·~i~ien t ' s address :J:i stJtc:d in this Agreement.

c. Contr'-lctor shall comply '>Vith all ~~~J.:n l, st::ttc: :.llld local l:1 1v s r..:qui ri n::r, business pcn11its , cc:rtitico.tcs and liccn ~ c:s required to carry out t:1c :ic rv ic.;;s Lo be: performed under this Agreement.

d. Contr::tctor rn<..~y not assign any rights or L•bligations under· this Agr.::em<::nt without County's prior written approval .

e Tl1..is Agreement constitutes the en.tire agreement between the panies and ma.y oruy be modified or ex tended by a wri tten amendment signed by the parties hereto.

f. The inval idity, illegality, or unenfo rceability of any ptwiision of this Agrc:ement or the occuJTence of any event renderi ng any po11ion or provisi on of this Agreement void shall in no way afL"cct the v~tlidity o1· enforceability of any o ther portion or provision of this Agreemenr. Any vo id provision shall be deemed severed fro m this Agreement, and the balance of th.is Agreement shall be constru~J and enforced as if this Agreement did not comain the pa1iicular ponion 0 1· provision held to be vo id.

g. Nothing in this Agreement shall be construed co give any ri:;ht...; or bendi. ts to anyone other th;:rn County and Contracro1·.

IN WITi\ESS WHEREOF, County and Contr:.Jcto r have executed this Agre~mcnt.

ATTEST :

COUNTY BOARD OF COUNTY C0i\IMISS10NERS SH.A \V;'IiEE COUNTY , K.J.NSAS

-----------------. Chair

D:.~ cc: -----

Cynthi;:r A. Beck. Slw.vnee County Clerk

CONTR-\ CTOR

U;c"-e.~__~ L~ Printed Nv.C~: Vickie Brokke. TCT,~\ Presi dent/CEO

Add res~: 700 S \\ ' Zl)O ParbvJ v. Tllpeka. KS 66606

Dare : X'J0/1 3

5

ATT.\CII~IE.'\T To StH \1·\EE COL\T'> Co,\ r:ucr C ___ _

CO,'iTR.-\CTL\L PRO\'l.'iiO\~' .-\ TT \CHii iE-;T The und~r ;;i;Jncd pattk.1 J.gr .;:~ that chc- t~·rlhi'sin :; pr~~vi .5r "rb .n ... : l~;..:r.:h~, incorpor.u..:d irlll' th~ CiJ LJt ra~t tC· \-..h1...:h it i:; Jlt:.h.:h...:J J.JlJ rnJJ~.: u p<F1 th.:r..:(J!·. ;;aiJ <:ontrac t beiCJg Ja~eJ the Ja:· ui' . 211

T ER.\IS HERF. l ~' Cr>\TROLLI'II ; PRO I- l', IO , S. It is cxpr·"ssly J~'T..:..:d that the tcnns or' each and e·;er;; provi,ion in thrs atnchmen t ;hall pr.evJi l und ~~1mro l over the tenns nr Jny o tll ~r cm1 i~i cti ng pH)visitJil in any oth~r Jocumcm t·datin~ to Jnd .1 pat1 of the C<l iHrJCt in wl;i.;h thi .> JttJchmcll l is incoq:wrJ.tcd

2. .-\I.REDIDT WtTtl KI.\5.\S l.\\\ . It i:; a~ rced lw Jnd hcm-~cn dtc under.ligncd that all JispU[12S anJ m;likr.; whatsncv~r ari ~t n .z under. rn conn.:cttOll with or rncident to thi s con tract shall be litiptcJ.-d· at JIJ , in and bdore a Coun located in t h~ State nt' l\.ansas . L S.A., to th.: ~.xclusitHl or the CourB nf o.J.IlY other -; t.J I CS or CtJ Utltr; All ~t.'! O(f:]Ctua l agreern~ms sh::J./1 bt! su hj~c t to. guve111c'd hv , anJ cnn strucd 1~~~ urJin~ k~ the IJws or th~ Stat•! ot· KJn>a s. . -

3. TER,fli'i .HIO'I' DUE TO 1.. .-\Cl' Of FL'i'iDI.'iG APPROPRIA T!Oi'i . SlJJwn,·c Cuuntv is su!Jj~ct to the KJnsas CJsh Basis LJw. K.S.A. JI) .J! Ul e/ seq. li. in th~juJgm~n t o i' tlt e f-indnci.d Administrat or, :\udit-Fi r,;~nce Ofticc. sutlli;ient runu3 ur~ not appropriated to co nt i nu~ the tltncti<' n p~rt0rmcd in tili s J;!:r~= lll em and for tht:: payment of t h~ ( h;u g.;,;-, hc:-n;und....:r, Count ;; ma y k:nn inat ... : ti n., Jgrt!em~nt al the t:nd of it.; ~un·l"!n t li s~a l y..:>~,r . C!luniy dS'Tt!t'.S to giv..: written notice of terminat ion ttl contractor Jt kJst thiny (30) days pri ,,r to the cnrl o r its current liscal year. Comractor ,hall ha ve th~ ri~lu . at the em! o r such ti ;caJ year, [0 t:Jke flO>Sessinn of Jny ui' CO I\l ~Clor'; equtpmcnt. kaseJ or othctwi;c. pruvtr.lcrl to County tmJcr th~ cnntnct. County will pay to the contr:tctor all regul:tc cuntr~ctlta l payment,; incu1T~J through lhl.! ~nd L)f su..; h fi.:;c:t l y~ar, ph.b c0.ntr;.1ctu;.d ~h;~r~es inci<knt;tl to the rerum of any such equipment. Upon tctmmau·.>n of ~he agri.!'em~nt by County. ti tle to and pL)Ss~·ss io n of any ~quipm~nt pur.;hascJ by the County unJcr the contr:t~ t , hut not tully paiJ ,;,r, <hall revt!rt to Ctl!lti ~ I C hW at tlh; ..-:rut o f Cnun ty'.s c urTt"n t fi::i..;al J'l..:ar Th~

t~nn i n ;JtttHl nf the ..:m~t racl fHl f'S liJlll to thi s p:t r:t~r:lph shall nut c a u:::~..· ~my ~cna l ty t,l be charged. to the Cnuary or the conu-:JclOr.

-1 Dtsri.AJ.\IER OF Lt.\llti.!TY. ><either the C\•un ty r.ll· ::Jha·.v nee nur any dcpanmcnt there<Jf ; hall lw!J h;tnnk;; or indcnl1tiii.· an y -:o nu:tctur t(,r ctny Jiab iJit ;t •.vh;HS!lC\'CL

5. .-\.'iTI-DISC RI.\11:'1.\TtO'i CL.\ l'SE. T:1c cnn tract,lr agr.:cs : tJ)to comply with the Kctnsas A-: t Agctirbt Discrimimtion (K.S .. -1.. -1-1-1 1)0 1 ~~ ,,.,1 )

anJ the K..tnsas t\gc Discri mtnation rn Employment . \ct. ! K.S .. -\ . -1~ -11 1 i i!l :;,·,f.) ar:d the app ltrable provtsiuns ot· the .-\mcn.;ans With Disabili ti,-; Act 1·12 U S.C. I:Clt ll <I s~y.) [-\D.-\] anJ tu nut Ji:\criminat ~ agJinsl .1n y pcr-: nn hec ll!sc 1Jf r71 C:! , relig:inn, color. :;~.":. . Ji::;abi litv. n~nion•il •.Hi¥in or anc,.:::; tP.:. \H . • t~~ ;n th e- Jdmi 5.ir ,"~ il l1 f .lt.:c~ss to or tn:<.~lmt...·nt or ~mp luy mcnl in. ib pmgr:un~ or J...:tp .. ·i ti .... "S , ( b.J tu

incluJe in all so licitatiOth or advcniscmcnts lo r ernp lr.>',;ecs. tile pltrJsc --,·qual oppommity <: mpluyd': (-:1 to comply with the rcp<'rnin~ requirements set out in 1\..S.-1.. -1-+-lUJ I and K.S . .--1.. -1-1-l i l ''; id i t;, inc lude t,lw sC" prO\·ision5 in t.'';ery :-iub...:onrrJ..:t or pur;;hasc o~\h.: r .so th~H they Jre bi nJrng upon su~ h .;;ubconu:·..Jctnr nr Vt!nJur: ( ~! thJr J b i:ur..: t..J

~.:u mp! y ·,vith the n:p1) 11 i n~ 1\:qui r'"·m~nrs vf (..:) :1hov~ 1l r r f the cnmr:.h.: wr i:-; l~l lllld !.!U ilty or J11 V VillL trit1 11 dr :-i lll~h a(l.) bv (he K~Hb.b Human RJghl:i Cu~nm i s -liLm. :i ~ch ·v· iuL.tt i~..1 n sh.tl l C P nsr inH~ :.1 br~:tch 1Jt" ..:o n{r:lt.: L (t) if th~ cuntra-:tin~ agency rl~tenn in~s that tile c omo:~cr,,r has l· t c1 !Jt ~d Jppl icablc provisiuns or AD .-\, that Vhtl aticl n ; lu ll conotit ute .I br,·:tc il L>t' ~o nt r..Jct; (g) if (..::) LH !f') Lh.:..: urs. lhc CliniJ:lcl may be (~lr~cdl .. :d , tmninatc·d or ;u;;pcnJ,·J in whulc ,,r in p:llt bv t:le Ciltlllty . P:IJ1ie:i tu thi_,; con tr:.tct und~J 'S L!nd tllat suh'ic"L'linrb 1 h 1 £hr(lu ~ h ( .._•) uf tiH:-;

pang r:tph numba 5 Jr:.: nnl J pplic:l hl ~ to J contr:t~t(Jr \'-~IK' ~mplu~,::> f~'.v~r tlun l~'~ ur ..:mptuy::::-s vr \\.·hose" cont ract \ t.··ith the (" ,.) Uill ', to lai:i S5 ,1)1lil or l L~.:-1 d urin~ this li:icd y-:a r. .

"· \ CCEI'TA'>C ~ O F CO\TK,cr rhi ; contr:Jct ,hall n<· t be . .;,; n ;lJ~r~d lC~cptcd. approvcJ or vthe rw i.<c eft'c-ctilc until tile r~qui r.:d <~pp ro •;a ls anJ .: c:ni fit: at ions hen.: b ·: ~n gi<cn a.1d rh i:; is signc:J h;, tit .: B·xtrd r·i' Counry Conuni ssiu nt l ~ ul· LIK· Cnunt:; of Sh.n.\·n t>:::, Kansa;;.

,-\ HfHTR-\ ri O\~ I):.. \f \CE )~ \\'.\ (~!l...\~TT F ' . ;'~o l . •. i ths tanJ irt.! d~\ language rc1 the Cl) nlfa ry. nu im~.:rprd.Jti,m :-;hall b< a !k,,~v~d ro l.i~nd 1h~ CL'tmty h .. 1.:; J~;r~c d ro h i nditl~ .1rb irr~.ll i on. or th~ pnymr,;: nt of d.:Hnag:~ or pL:n~JltJ~S urlln lh:: O•~..:: ll rr(n~..: of ;J ~vntin~~.;-n....:y . Fu rtllt'r, rhr: County shal( Jll1l Jg: r~e to pay ~tnllm~y r~~s Jnd lal~ paymenr ~ h:::trg ·~: and nt) provision~ will b..: g i·~ ~n ctf'.!,..:t '.\' h i ~h an:!mpts t.:l cxduJ-:: . mndifv. di:~claim u1 ~~~h~n-..i s.: Jtk:npt to limi t implied w~ rr:lnties ~!"' m~..·rch:.tntJhi l il y and ti tnc.;:; tiJr .1 pa~i L·u Lir purp, l.~ t!

S. Rt:l't<~S E.\ r \ nn:'; .\ LnmHIT) T<J Co'>TR.\CT. 8 ·1 si'!nin\!: tbis document, the represcnt~tivc oi' tile cont ractor thereby ~epr~sent~; that ;u.: h person i> July autlwtizd by the contr..Jc to r tCl .:.'<et:uk this Jucumem <li t bch<t lf ._,j' the -:ontractur and t·ha t the comra-:tnr :~~ret'S to be bound by the prm·tsions th ereof. -

'l R£SI'O\s !U \Lrn FORT-\ XES . Th-: County shall not bt' r<:,p<msibk t<Jr. nor inJemni ly J cuntr.H;IUr tu r. Joy id~r.t l, sLl te or local tax~s which m~y be impose<.! c~ r levied upon the 3ubj.::ct matkr uf th :s .:om;-act.

lrl . l'iSLRA\CF. The Ccu~ty slull !lOt be re4uiretl to purchase. any insurance Jg~in;t lo:;.; ur dJmo:ge to any per;;ondl prope:-ty to \Vhich t!u, <:u ntract rdatc-s. nur ;lull this conn:Jc t re4u t r~ the Coum v to c-swblish a ··sclf~insur:ln l:l:'., funJ t0 protec t Jglins~ any su~h lu~s or d:lmag;;. S ubj ~c t ltJ the provi,;i,·qt:; nf tbc KJ11SJS Ton Cbtrns Ac t 1 K.S .A. 75-6 Ill I ~ r seq .) , th~ vend,, r or l~s;vr shall bear the tisk ut anv " ''' ll r rlamagc to clny per>nnal prnpct1y to which w ndur Ot k ssll; huld~ tide

VE:'\DORJCONTR.\CTOR:

' ) ' r. (/l /) 1 . lc__.tLZ,~ ~_-cu...__

Bv: /

r:?'f 2StclLJ~ 1 c.e:o Tit le:

BO.\RD OF COUi'oTY COMM ISSIONERS SH .I.W:-IF.E COlJ ,\TY, K\..'iS.\S

\I ic: hdc .-\ . Buh la . Chair

Dell e:

.\TTEST:

Cynthia .-\. Bc~k . Sha-.vn:~ C1 unrj· Cktk ___ _

SHAWNEE COUNTY CONTRt.\CT NO. C (I '-'/ J -2013


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and ~-:1 :. o.JT';< ~-.:.;r · lj.::..:o ;r.:.li .:':- · "

(Contractor). )



Provide instruction for floral design classes at the Shawnee North Community Center.

~~~ ~~ . This Agreement shall commence on August4'4"; 2013, and shall end on December 31, 2013 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:


Instructor floral design Instruction only. Class fee less classes. $5.00 per

student.

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 entertaimnent; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to complete the work under this Agreement.





1



e. Contractor has the right to hire assistants as subcontractors, or to use Contractor's. employees to provide 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.


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. ·



4. INDEMNIFICATION AND HOLD HAR.iVILESS

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

5. INSURANCE

2

I

I

·I

I

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


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


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


The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1 001 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 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

3

. . 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.




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. Fmiher, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.




This Agreement may be terminatea 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 wifl 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.



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.

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.

4

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


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. J'·.Jothing in this Agreement shall be construed to give any rights or benefits to anyone other than County and Contractor.


ATTEST:


____ ______ , Chair

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

Cynthia A Beck, Shawnee County Clerk

CONTRACTOR

....-· __ _.....-

Printed Name: ~' /., :. "-~ ~~~-~~--~~-~~

•. · .. .....__..

Address: 7 ;- ·J, ,, :_, . / ~/ / -------~--~~~----

, - .:_ <!:; __ _

Date: :!/:,/):;=-;

;1\ ·p ~:. r cJ\/ .-; cl t ~ t :J Ls .. ] 21 and ;·: IJ J-;·-J·:: D 3 t ,2 =-_,_,..,,_.:~.,:.~ :;. ____ :_

I ~

s.~~~ ... -~ • . ,.__,,....,=·o.,. ~..,_ ··- - o.••n-<·........,...,·-..,..-""""' ·-< .,.,- __..,....-··.-..-,.·- --- .. --.

_:.\ 1; -~~ T. C ( J. '~-~ :_~; IJ -:\ ~ ~: ~~--- L. ~-~:· ;~?-5

Shawnee County

Office of County Clerk _ CYNTHIA A. BECK

785-233-8200, Ext 4155 Fax 785-29 1-4912 Websi te: http//www.snco.us

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

MEMORANDUM

Date:

To:

From :

September 11 , 2013

BOARD OF CO~~ COMMISSIONERS

Cynthia A. Bec~unty Clerk

Subject: Petition for Attachment of Lands to RWD #1 Jackson County, Kansas & Notice of Hearing

Please acknowledge receipt of the attached Petition filed pursuant to K.S.A. 19-270, relating to attachment of land to Rural Water District No. 1, Jackson County, Kansas . The Petition was filed by Quentin E. Kurtz, with Stumbo Hanson, LLP, Attorney for RWD #1 Jackson County, Kansas .

Please set the Hearing date. The Notice of Hearing has to be published one time at least 7 days before the hearing . Would you please set the hearing for Thursday, October 10, 2013 at 9:00 a.m. and the publication will be on September 23, 2013. Any questions regarding the legal procedure can be forwarded to Jonathan Brzon , Assistant County Counselor .

If you have any other questions, please fee l free to contact my office .

CAB/ddm/bjf

Attachments

Cc: Jonathan Brzon, Assistant County Counselor

ackpetsethearing/rwd/db

In the Matter of

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS

Petition for Approval of Attachment of Lands to Rural Water District No. 1, Jackson County, Kansas

PETITION FOR APPROVAL OF ATTACHMENT OF LANDS TO RURAL WATER DISTRICT NO.1, JACKSON COUNTY, KANSAS

COMES NOW, Petitioner, Quentin E. Kurtz of Stumbo Hanson, LLP and states as follows:

1. That Petitioner is the Attorney for Rural Water District No. 1, Jackson County,

Kansas, (hereinafter referred to at times as "the District") and resides at 2887 SW Mac Vicar

Ave., Topeka, Kansas 66611. Petitioner is in receipt of Requests for Petitioning signed by the

owners of at least fifty percent (50%) of land, (hereinafter, "the Land"), within Shawnee County,

Kansas, defmed by metes and bounds as follows:

North Area

Beginning at the northeast comer of the northwest quarter of Section 3, Township lOS, Range 15E, said point being on the line between Shawnee and Jackson Counties, thence west to the northwest comer ofthe northeast quarter of Section 6, Township lOS, Range 15E, thence south to the southwest comer of the southeast quarter of said Section, thence west to the southwest corner of said Section, thence south to the northwest comer-of the southwest quarter of the southwest quarter of Section 30, Township 1 OS, Range 15E, thence east to the northeast comer of the southeast quarter of the southwest quarter of said Section, thence north to the northwest corner ofthe southeast quarter of Section 18, Township lOS, Range 15E, thence east to the northwest comer of the southeast quarter of Section 16, Township lOS, Range 15E, thence north to the northwest comer of the southeast quarter of Section 4, Township 1 OS, Range 15E, thence east to the northeast comer of the southeast quarter of said Section, thence south to the southwest corner of the northwest quarter of Section 10, Township lOS, Range 15E, thence east to the southeast comer of the northwest quarter of said Section, thence north to the northeast comer of the northwest quarter of Section 3, Township 1 OS, Range 15E, said point being the point of beginning.

South Area

Beginning at the southeast comer of the northwest quarter of the northwest quarter of Section 4, Township 11 S, Range 15E, thence west to the southeast corner of the northeast quarter of the

1

northwest quarter of Section 6, Township 11 S, Range 15E, thence south to the center of Soldier Creek in said Section, thence southeasterly along the center of Soldier Creek to a point on the north line of the southeast quarter of the southeast quarter of Section 8, Township 11 S, Range 15E, thence east to the southeast comer of the northeast quarter of the southwest quarter of Section 9, Township llS, Range 15E, thence north to the northeast comer of the southwest quarter of said Section, thence west to the northwest comer of the northea.St quarter of the southwest quarter of said Section, thence north to the southeast comer of the northwest quarter of the northwest quarter of Section 4, Township 11 S, Range 15E, said point being the point of beginning.

2. That pursuant to the provisions of K.S.A. 82a-622 through K.S .A. 82a-624, the

District filed a Petition, (hereinafter "Jackson County Petition") with the County Clerk of

Jackson County, Kansas, requesting that the Board of County Commissioners of Jackson County

issue an Order attaching the Land to the territory of the District. The District filed the Jackson

County Petition with the County Clerk of Jackson County rather than with the County Clerk of

Shawnee County, even though the land sought to be attached is within Shawnee County. This is

because Kansas statutes require the Board of County Commissioners of Jackson County to

consider this matter. K.S.A. 82a-622 states that petitions for attachment of land are to be

addressed to the "county commissioners" and may be filed with the "county clerk". K.S.A. 82a-

612 (c) states that "the terms 'board of county commissioners' and 'county clerk' shall mean,

respectively, the board of county commissioners and county clerk of the county in which the

greatest portion of the territory of any existing or proposed rural water district is located .. .. " In

this case, the greatest portion of the territory of Rural Water District No. 1, Jackson County is in

Jackson County. Thus, the Board of County Commissioners of Jackson County was required to

consider this matter under the tem1s of the above-named statutes.

3. Pursuant to the provisions of K.S.A. 82a-622 through K.S.A. 82a-624, the Jackson

County Petition stated the following:

2

a. That the Land is without an adequate supply of water and can be economically served

by the facilities of Rural Water District No. 1, Jackson County, Kansas.

b. That the attachment to Rural Water District No. 1, Jackson County, Kansas of the

Land will be conducive to and will promote the public health, convenience, and

welfare.

c. That the Board of Directors of Rural Water District No. 1, Jackson County, Kansas,

considered the Requests for Petitioning and consented thereto.

d. That some or all of the Land is within the 3 mile fringe area of a city, (the City of

Topeka), and, therefore, is subject to the provisions ofK.S.A. 19-270. Those

provisions require that the Board of County Commissioners of Shawnee County hold

a hearing as to the advisability of attaching the Land to the territory of the District.

4. After appropriate statutory notice was provided and a hearing was held by the

Board of County Commissioners of Jackson County, such Board issued an Order dated August

29, 2013 which approved the attachment of the Land to the territory of the District "subject to the

approval by the Board of County Commissioners of Shawnee County approving the attachment

of the [Land] ... in accordance with the provisions ofK.S.A. 19-270."

WHEREFORE, Petitioner prays that:

A. The Board of County Commissioners of Shawnee County hold a hearing on this

matter and publish notice of the hearing at least 7 days before the hearing date, in the

official County newspaper, pursuant to the provisions ofK.S.A. 19-270.

B. The Board of County Commissioners of Shawnee County approve the attachment of

the Land to the territory of the District after complying with the provisions ofK.S.A.

3

19-270. To the best ofPetitioner' s knowledge, the parties havingjurisdiction over

any part ofthe Land have no objections per the terms ofK.S.A. 19-270.

STUMBO HANSON, LLP

B~~~~~~~+-~~~~L_ __ QUENTIN E. KURTZ 2887 SW Mac Vicar Ave. Topeka, KS 66611 (785) 267-3410

STATE OF KANSAS )

COUNTY OF SHAWNEE ) SS: )

Quentin E. Kurtz, being of lawful age and after being first duly sworn on oath, states that he has read the above and foregoing Petition, and the allegations contained therein are true.

I{<\

1 day of ~{2 .ierY) bee, SUBSCRIBED AND SWORN TO before me this 2012.

NOTARY PUBLIC

I:\8. Water Dist\# 1 Jackson \Attach Land\2012-2013 Attachment\Shawnee County Portion ofProcess\2. Petition to Attach Lands -I Fonn.docc

4

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS

IN THE MATTER OF THE PETITION FOR ATTACHMENT OF LANDS TO RURAL WATER DISTRICT #1, JACKSON COUNTY

NOTICE OF HEARING (Pursuant to K.S.A. 82a-615 & 19-270)

To Whom It May Concern and especially to the owners of land located within the boundaries of the proposed attachment to Jackson County Rural Water District No. 1, hereinafter described :

You are hereby notified that a petition , addressed to the Board of County Commissioners of Shawnee County, Kansas , has been filed in my office praying for an order attaching the land within the following boundaries to Rural Water District No. 1, Jackson County, Kansas , under the authority of Kansas Statutes Annotated , as amended, to-wit:

North Area Beginning at the northeast corner of the northwest quarter of Section 3, Township lOS, Range 15E, said point being on the line between Shawnee and Jackson Counties, thence west to the northwest corner of the northeast quarter of Section 6, Township lOS, Range 15E, thence south to the southwest corner of the southeast quarter of said Section, thence west to the southwest corner of said Section, thence south to the northwest corner-of the southwest quarLer of the southwest quarter of Section 30, Township lOS, Range 15E, thence east to the northeast corner of the southeast quarter of the southwest quarter of said Section, thence north to the northwest corner of the southeast quarter of Section 18, Township lOS, Range 15E, thence east to the northwest corner of the southeast quarter of Section 16, Township lOS, Range 15E, thence north to the northwest corner of the southeast quarter of Section 4, Township lOS, Range 15E, thence east to the northeast corner of the southeast quarter of said Section, thence south to the southwest corner of the northwest quarter of Section 10, Township lOS, Range 15E, thence east to the southeast corner of the northwest quarter of said Section, thence north to the northeast corner of the northwest quarter of Section 3, Township lOS, Range 15E, said point being the point of beginning.

South Area Beginning at the southeast corner of the northwest quarter of the northwest quarter of Section 4, Township llS, Range 15E, thence west to the southeast corner of the northeast quarter of the northwest quarter of Sec tion 6, Township llS, Range 15E, thence south to the center of Soldier Creek in said Section, thence southeasterly along the center of Soldier Creek to a point on the north line of the southeast quarter of the southeast quarter of Section 8, Township llS, Range 15E, thence east to the southeast corner of the northeast quarter of the southwest quarter of Section 9, Township llS, Range 15E, thence north to the northeast corner of the southwest quarter of said Section, thence west to the northwest corner of the northeast quarter of the southwest quarter of said Section, thence north to the southeast corner of the northwest quarter of the northwest quarter of Section 4, Township llS, Range 15E, said point being the point of beginning.

Hearing on said petition will be held on , the day of ________ , 2013 at a.m. in the Commission Chambers of the Shawnee County Courthouse, Room , Topeka, Kansas , at which time and place all owners of land within said boundaries may appear and be heard.

A rural water district shall have no power or authority to levy any taxes whatsoever.

ATTEST:

Cynthia A. Beck, County Clerk

Noh rwd/rwd /db

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chairman

Robert E. Archer, Vice-Chair

Kevin J. Cook, Member

Shawnee County

Office of County Clerk CYNTHIA A. BECK

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

RESOLUTION NO. ';lo I] .. I~

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

BE IT RESOLVED BY THE BOARD OF COUN1Y COMMISSIONERS OF SHAWNEE COUN1Y, KANSAS

sitting in regular session this ___ day of ______ , 2013, that the Shawnee County

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

NAME OF VENDOR FUND United States Treasury 10CTOOO

ATTEST:


CHECK 40010924

AMOUNT ISSUED REASON $3,000.00 08/28/13 Garnishment Released

BOARD OF COUN1Y COMMISSIONERS SHAWNEE COUN1Y, KANSAS

Michele A. Buhler, Chair

Robert E. Archer, Vice Chair

Kevin J . Cook, Member

PAY

Shawnee County Topeb. Kansas (785} 233-8200 eJd. 4159

UMB.

THREE Thousand Dollars and ZERO ce~ts\.

TOTHE UNITED STATES TREASURY ' ·· I C) ORDER MATTHEW DONAVAN \~1 ' =o:

OF INTERNAL REVENUE SERVICE ~ 120 SE 6TH AVE STE 200 TOPEKA, KS 66603 - 9962

•i'

\\ t :J .Y

08/28/13

COUNTY CI..ERK

36-1901/1012

400 1 0924 *******3,000_00 . VOID IF NOT CASHED WTTHIN 180 DAYS

nf~AJL_ /..;=t" ~..L '-=-----

~c::2/kA

Shawnee- county

Office of County Clerk CYNTHIA A. BECK

785-233-8200, Ext 4155 Fax 785-29 1-491 2 Website: http//www.snco.us

RESOLUTION NO. 'l-0 l3 - I ~3

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

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS

sitting in regular session this ___ day of ______ , 2013, that the Shawnee County

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

NAME OF VENDOR FUND Zep Sales & Service 10PROOO Redwood Toxicology Laboratory21CROOO/

209020144

CHECK 30092010 40008738

AMOUNT ISSUED REASON $460.00 04/13/12 Ck rejected by bank $357.00 07/31/13 Ck damaged in mail

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

NAME OF VENDOR Zep Sales & Service Redwood Toxicology Laboratory

ATIEST:

Cynth ia A. Beck, County Clerk

AMOUNT $460.00 $357.00



Robert E. Archer, Vice Chair

Kevin J. Cook, Member

A -- 5 -

AFFIDAVIT FOR STOP PAYMENT ON LOST WARRANT K.S.A. 10-706

-~ep Sales & Service states that _ _,t~h=e,.._v-=-__ resid~

13237 Collection Cent!£L.Ik.in Ch.icago , Illinois , and is the ovmer 1md titled

(address) (city) (state) 60693

at

to the possession of a certain '\Varrant issued by the County of Shawnee, State of Kansas, through the

County Clerk of said County, dated April 13 20 _g_, and nwnbered

_,3'-"'0"'-0""-9 2"'0"-'l..,O'---___ m the amount of $---"4~6""0..._. ""'0,.,_0 _______ , and payable from the

--=l~O:o_PRO=Ot.;O,__ __ fund, numbered of said County, whici1 wan·ant

(no. of fund)

was issued to Z.ep Sales & on the -=l3=t=h..._ __ day of April , 2DU__, by said . Service

County Clerk ill payment for ....t.Z.<.<:e:..j.pL.-L:JM""<>-'-t e.._r...._.M:ui...::Su.t-l:lM...,i x..__ _______ _

..A..FFIANT further states that on or about the ll th day of December 20 11.___, said warrant

was lost, d.es1Toyed or stolen in the follO\ving manner:

Check was·tejected t~ce by tbetr hank.

AFFIANT further sates that they ~enot disposed of said warrant to any other person or persons, nor given any person or penmns, any tnmsfer, pow·er of attorney, order or other authority of any kind or nature to transfer, or dispose of the said warrant; and furthers at he makes this statement of the above facts, for the purpose of inducing the said County Clerk t iss e to this affiant a replacement warrant ill place of the said warrant described and number as above.

STATE OF KANSAS ) ) SS.:

COUNTY OF SF..A WNEE)

-~ A I Subscribed and sworn to before me this _ _.._.,__ ______ day of y:n' 20 1-0

My Commi&sion -Exoires on the 1 \e '~-"" day of Dec , 20...1._3_.

Please complete this form and mail to: Cynthia A. Beck, SRAW1\TEE COUNTY CLERK SHAWW'.tili COUNTY COURTHOUSE, RM. 107 Topeka, KS 66603

CDMMDNWC:ALTH OF PeNNSYLVANIA

NOTARIAL SEAL Christina A. Kane - Notary Public · Upper Macungie Twp., Lehlgll County MY COMMISSION EJ?I ~tS DEC. 16, :l013 . .

c:a_ae~ NOTARY PUBLIC or COUNTY CLERIC

A:tdr&ss 2:

St.1tus: lS ··~ Jot. Number: ,:•0009-es :.1£•

Reversal Job: 00000000(10

YVarranl ·-----------·------------·-------------·~--·-·--···----·--······--'

Re'tiew DBte:

HoiO C!lte:

J.1el Date:

Rele.ne Date.:

Stop Date:

Stalf Date:

Revtrse Date·

E.sctlea!Oate:

Cancel Dale:

Lss.t Upda1e Dill!! :

. ~~

B 8 .... ~

!i1 Z!l

tl ··························~

......................... fj

~ I

]',l .. ····-······-···-··-···----·······--··· ........................... ····-··-··-· .. -----.. -------------···-·---.. -----·--·-··-·-·--"- --··----·-······-·--------- .. ---··--·-------------------....;

Shawnee County Topeka, Kansas (785) 233-8200 exl 4159

U M B.

-----··-- ... ·-·- .

36-1901/1012

';;,,,,,;,,::';;;;;''''·<DATE':;,,',,:;,. ·2 ·,,,,,,,,:,:,,,,CHECK':NO)':C::'':<: .,,,,,,;,:{:; ;':~; ''''''::i.':'A·MOUNP ,;';), :;::'::,;:;;-:},.,,

~7~3 40008738 *********357 . 00 . , '\_ ~. ..J' VOID IF NOT CASHED WITHIN 180 DAYS

'E Hundred FIFTY SEVEN Dollars a~ ~C\ Ce~ts'i'IP' . ./J/1 _ / / ·" '\ ~ CtWRM4,N I'll_~ '~

'JOD TOXICOLOGY LABORATORY IN~., /7} 'OD BIOTECH PRODUCTS ACCOUNTS RECEIV COUNTYTREASURER _.A~~~--LJ~....!~!.!:::...~===-----

"4327 "t>,. '-. CA 9 54 0 2 - 6 3 2 7

.... ~

---------------·-·--·--·----·-- -----------····--·

Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street Topeka, Kansas 66603-3933

Memorandum

DATE:

To:

From:

RE:

September 9, 2013

Board of County Commissioners

Pat Oblander, Information Technology Director

Out of State Travel to Joplin Missouri .

The Information Technology Department requests approval to send a staff member to an out of state location to attend a two day regional New World Users Group meeting . The meeting will be in Joplin Missouri and will occur during September 25th and 26th, 2013. Travel will be by county vehicle.

It is anticipated that the total cost will not exceed :

Registration: None Lodging : $95 Quarters: $72 Tolls\Fuel: $60

Funding for this issue is included in the Information Technology 2013 budget.

CPO/mro

fax 785-2.91- 4.907 phone 785-233 -82 00 ex t. 4030

GREETINGS & CORPORATE OVERVIEW- NEW WORLD SYSTEMS Arlene Frederiksen- Salina Police Department Vesta Broady, Jim Wisor, Paul Case, & Jennifer Toles- New World Systems

NEW WORLD SYSTEMS CUSTOMER PORTAL TRAINING Amanda Stierman and Jennifer Toles

BREAK

BREAKOUT SESSIONS

SESSION #1

SESSION #2

SESSION #3

Mobility Hardware- Scott Bitoff

GIS/ ESRI- Britt Wollenweber

State Compliance- Missouri UCR- TBD

AEGIS 10.1, 10.2 & 11.0- WHAT'S NEW & WHICH VERSION IS RIGHT FOR YOU

WRAP-UP

16:30 PM- KAMOUG NETWORKING EVENT- TBD

DECISION SUPPORT SOFTWARE - TBD

9:00AM BREAKOUT SESSIONS

SESSION #1

SESSION #2

SESSION #3

BREAK

State Compliance- Kansas IBR

Mobile 10- LE & Fire

Maintenance & Enterprise Security

10:15 AM STATE OR FUNCTION SPECIFIC BREAKOUT SESSIONS

SESSION #1

SESSION #2

SESSION #3

WRAP-UP & ADJOURN

Group Defined

Group Defined

Group Defined

(--:-::.. .. I \

September 11, 2013

TO:

FROM:

RE:


John E. Knight, Director 1

Parks & Recreation .

Solicit Bids -Elevator Service

Sl·{.~ \\">"EE c 0 lli'~T\.

PARkS & RECREAnO"l

JoH"-! E. K:-.;roHT DIRECTOR

3137 SE .2 91H ST.

TorJEJ'- .-\. Ks 6(-605-1885 ~785) .251-2600

john.kni ght'ssnco .'.ts

Board of Commissioners approval is requested to solicit bids for service to elevators in all Shawnee County buildings. Cunently there are several elevator contracts in effect that renew annually. The goal is to get one contract in effect that addresses all our needs.

The contract would cover fifteen (15) elevators in seven (7) buildings and would include monthly service, semi-yearly service and a yearly safety test to comply with ANSI/ASME requirements for elevator and escalator safety. The contract terms would be five years with an allowance for a not to exceed percentage increase in years two through five. Repair hourly rates, over-time hourly rates and holiday hourly rates will be included as bid items.

Costs associated with the service will be borne by the appropriate department. All departments that will be affected by this contract had the opportunity to provide input on the contract specifications so that their unique department needs could be accommodated.

JEKJgcl TB

e I

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:

RE:

Board of Shawnee County Commissioners j(} James M. Crowl, Assistant Shawnee County Counselo91 Lt September 11, 2013

Agreement with Sherwood Improvement District regarding the Regulation ofNuisance Conditions

Please place this item on the Monday, September 16, 2013 Commission agenda.

Attached is a proposed Agreement with the Sherwood Improvement District. The Agreement authorizes County staff to assist the Sherwood Improvement District with the abatement of nuisance conditions existing within the District. The Agreement also provides that the County will be reimbursed for County staff time and expenses incurred when providing this assistance to the District. Either party can terminate this agreement upon thirty (30) days written notice.

The Shawnee County Counselor's Office recommends approval of the Agreement. If you have any questions or concerns, please feel free to contact Richard Eckert or myself at

extension 4042.

JMC/mlb

Attachments

C: Mr. Richard V. Eckert, Shawnee County Counselor Mr. George Shuler, President, Sherwood Improvement District

. S e P. 11. 2 0 1 3 1 0 : 0 7 AM No . 1738 P. 2

SHAWNEE COUNTY CONTRACT NO . . e't'IY-~ 13

AGREEMENT WITH THE SHERWOOD IMPROVEMENT DISTRICT REGARDING THE REGULATION OF N UISANCE CONDITIONS

TillS AGREEMENT is entered into· this l I day of September, 2013, by and

between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHA WNE:E, KANSAS, a

duly organized municipal corporation, hereinafter referred to as the "County," and THE

SHERWOOD IMPROVEMENT DISTRICT, a duly organized improvement district, hereinafter

referred to as the ''SID."

WHEREAS, the SID has requested the County' s assistance in regulating nuisance

conditions and enforcing its Nuisance Resolution; and

WHEREAS, the County desires to assist the SID by supplying such services m

accordance with this Agreement;

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS

CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

1. The County shall allow the SID to utilize the services of the Shawnee County

Counselor's Office and the Shawnee County Health Agency. Such services shall include, but are

not limited to the following:

• Render interpretations regarding the application of the SID's Nuisance

Resolution.

• Investigate complaints of nuisance conditions on property located within the SID.

• Take action to cause the abatement of nuisance conditions within the SID.

- S e P. 11. 2 0 1 3 1 0 : 0 7 AM No. 1738 P. 3

• Prosecute violations of the SID's Nuisance Resolution in the District Co\.l!t of

Shawnee County, Kansas.

• Take action to assess and collect the costs of nuisance abatement on the

properties and owners who have violated the SID's Nuisance Resolution.

2. The SID shall request these services from the County by contacting the Shawnee

County Counselor, or his designee. The Shawnee County Counselor shall have the discretion to

reject any request that would result in a conflict of interest or would be unduly burdensome.

3. In exchange for these services, the SID shall pay the County a fee in the amount

of Fifty and No/100 Dollars ($50.00) per hour for non-attorney staff time, and One Hundred and

Twenty-five and No/100 Dollars ($125.00) per hour for attorney time. Expenses incurred by the

County associated with court filing fees, postage, copying, mileage, etc. shall be reimbursed by

the SID.

4. The County shall send the SID a detailed invoice documenting the fees and

expenses incurred pursuant to this contract. The SID shall pay the undisputed portion of any

invoice within forty-five (45) days after the SID receives an invoice from the County.

5. The SID shall provide the Shawnee County Counselor a current copy of the

adopted Nuisance Regulation and any correspondence, flies, and/or other documents related to

nuisance conditions that the SID will refer to the County.

6. The parties acknowledge and agree that nothing in this Agreement shall create

any partnership, joint venture, or employment relationship between them.

7. The County shall indemnify the SID and hold it harmless from any liability for

cla:i.tns, judgments, costs, expenses, or attorneys' fees resulting from or alleged to have resulted

from any act or omission of the County's staff, or the acts or omissions of any agent or employee

2

· S e P. 11. 2 0 1 3 1 0 : 0 7 AM No . 1738 P. 4

of the County arising out of or related to this Agreement. The SID shall indemnify the County

and hold it harmless from any liability for claims~ judgments, costs, expenses, or attorneys' fees

resulting or alleged to have resulted from any act or omission of the SID and/or its employees

arising out of or related to this Agreement.

8. Any party may tenninate this Agreement by thirty (30) days written notice to be

done so by mailing via certified mail, return receipt requested, to t11e respective SID/County

Clerk.

9. The parties agree that this Agreement may be amended by a document of equal

formality and further agree to consider and negotiate proposed amendments in good faith.

10. The Agreement shall become effective upon execution of the same by all the

parties and remain in effect until terminated by either party. The effective date shall be

established by the date of the last party's execution of the Agreement.

IN WITNESS WHEREOF, the parties have hereto executed this Agreement as of the

day and year above written.

ATTEST:


BOARD OF COUNTY COMlVIISSIONERS SHAWNEE COUNTY, KANSAS


3

p p Promote Protect

p p Provide Prevent

Health Agency

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

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

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

September 11 , 2013

To:

From:

Re:


Allison Alejos CL~ Director, Local Health Department

CONSENT AGENDA- Business Associate Agreement with Go Beyond, LLC

Action requested: Approval of Business Associate Agreement with Go Beyond, LLC to serve as an addendum to the underlying Application Hosting Service Level Agreement for BASINET between Go Beyond, LLC and Kansas Action for Children.

On December 27, 2012, the Board of County Commissioners of Shawnee County, Kansas approved the submission of a Fetal Infant Mortality Review (FIMR) grant application. Funding for the project would be provided by the Kansas Health Foundation and the United Methodist Health Ministry Fund through the Kansas Action for ChildrenNoices fo r Ch ildren Foundation, Inc. The Shawnee County Health Agency (SCHA) received notification of the grant award in February 2013.

FIMR programs are community-based, action-oriented programs designed to enhance the health and well-being of women, infants, and families through the review of individual cases of fetal and infant death. The purpose of the FIMR program is to understand how social, economic, health, educational, environmental, and safety issues relate to infant loss.

Through the FIMR program, information about the infant death is gathered. Sources of information include medical records, birth certificates, death certificates, and others. An interview with the mother who suffered the loss is conducted, if the mother agrees. Professionals with grief counseling training assess the needs of the family and make referrals to bereavement support and community resources. The Case Review Team then reviews a summary of case information and the interview, identifies issues and makes recommendations for community change, if appropriate.

The information obtained regarding the infant death wi ll be entered by SCHA FIMR staff into a database called BASINET. A case summary can then be created for the Case Review Team using the BASINET database.

The Kansas Action for Children maintains the Application Hosting Service Level Agreement for BASINET with Go Beyond, LLC (Attachment A). In order for the SCHA FIMR staff to utilize the BASINET database, a Business Associate Agreement with Go Beyond, LLC must be signed. This Business Associate Agreement outlines the requirements for the protection of personal health information in accordance with Health Insurance Portability and Accountabi lity Act (HIPAA) guidelines.

There is no cost to the County for the SCHA FIMR staff to use the BASINET database.

Leading the way to a healthier Shawnee County

ilMAWNE! O!YJNTY (!:~ITRA.cr * c 4 ~-s :: ).p tJ

BUSINESS ASSOCIATE AGREEMENT

THIS BUSINESS ASSOCIATE AGREEMENT (the "Agreement"), is entered into and made this

_ Day of ____ , 20_ between: GO BEYOND, LLC ("Business Associate") a Florida

Limited Liability Company, with the address of 267 John Knox, Tallahassee, Florida 32303, and

the ________ ("Covered Entity"), a _____ with offices in _____ _

WITNESSETH

WHEREAS, Covered Entity is a health care provider which meets the definition of a covered entity pursuant to the Health Insurance Portability and Accountabi lity Act of 1996 ("HIPAA"), as amended from time to time; and

WHEREAS, Business Associate provides information technology services and meets the business associate definition pursuant to HIPAA; and

WHEREAS, the HIPAA Privacy Standards (the "Privacy Rule"), as may be amended from time to time, require Covered Entity to obtain and document satisfactory assurances from the Business Associate that the Business Associate shall appropriately safeguard the individually identifiable health information which is personal health information ("PHI") though written contract or other written agreement; and

WHEREAS, the HIPAA Security Standards (the "HIPAA Security Rule"), as may be amended from time to time, govern the security of electronic protected health information ("ePHI") obtained, created or maintained by covered entities, including health care providers such as Covered Entity; and

WHEREAS, the parties desire to enter into this Agreement in compliance with HIPAA and to protect the privacy of PHI and the security of ePHI and to amend any agreements between the parties with the execution of this Agreement.

WHEREAS, the parties intend for this Agreement to be an addendum to the underlying Application Hosting Service Level Agreement for BASINET between GO BEYOND, LLC and Kansas Action for Children, dated January 23, 2013 (the "Underlying Agreement").

NOW THEREFORE, in consideration of their mutual promises made herein , and for other good and valuable consideration , receipt of which is hereby acknowledged by each party, the Parties, intending to be legally bound, herein agree as follows:

1. Definitions For Use in This Agreement. Terms used, but not otherwise defined, in this Agreement and the Agreement shall have the same meaning as those terms in 45 C.F.R. Parts 160, 162 and 164.

2. Obligations and Activities of Business Associate. a. Business Associate agrees to not use or disclose Protected Health Information ("PHI") other

than as permitted or required by this Agreement or as Required by Law.

b. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this Agreement.

c. Business Associate shall implement administrative, physical , and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of ePHI that it creates, receives, maintains or transmits on behalf of the Covered Entity.

d. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement and the Privacy Rule.

e. Business Associate agrees to report to Covered Entity any use or disclosure of PHI not provided for by this "Agreement" of which it becomes aware, within twenty (20) business days.

- 1 -

f. Business Associate shall promptly report to Covered Entity any "security incident" of which it becomes aware, as such term is defined in the HIPAA Security Rule. At the request of Covered Entity, Business Associate shall identify: the date of the security incident, the scope of the security incident, the Business Associate 's response to the security incident and the identification of the party responsible for causing the security incident, if known .

g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI and/or ePHI received from, created by, or received by Business Associate on behalf of Covered Entity agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information.

h. Business Associate agrees to provide access, at the written request of Covered Entity, within ten (1 0) business days of the written request (five (5) additional business days are permitted if written request provided by the U.S. Postal Service ("USPS")), to PHI in a Designated Record Set ("DRS"), to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR §164.524. In the event any Individual requests access to PHI directly from Business Associate, Business Associate shall forward written notice of such request, to Covered Entity within ten business (1 0) days (five (5) additional business days are permitted if written notice provided by USPS). Any denials of access to the PHI requested shall be the responsibility of Covered Entity.

i. Business Associate agrees to make any amendment(s) to PHI in a DRS that the Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 at the written request of Covered Entity or an Individual, within twenty (20) business days of the written request (five (5) additional business days are permitted if written request provided by USPS).

j. Business Associate agrees to make internal practices, books , and records, including policies and procedures, relating to the use and disclosure of PHI received from , or created or received by Business Associate on behalf of, Covered Entity available to the Covered Entity and to the Secretary, within fifteen (15) business days notice of the Secretary's request (five (5) additional business days are permitted if notice provided by USPS) or in the time and manner designated by the Secretary, for purposes of the Secretary determining Covered Entity' s compliance with the Privacy Rule and the Security Rule.

k. Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR §164.528.

I. Business Associate agrees to provide to Covered Entity, or an Individual at the request of the Covered Entity, within fifteen (15) business days (five (5) additional business days are permitted if written noti.ce provided by USPS) of written notice by Covered Entity to Business Associate that Covered Entity has received a request for an accounting of PHI disclosures regarding an Individual during the six (6) years prior to the date on which the accounting was requested, information collected in accordance with Section 2.i . of this Agreement, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of in accordance with 45 CFR §164.528.

3. Permitted Uses and Disclosures by Business Associate -General Use and Disclosure Provisions. Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Underlying Agreement, provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of Covered Entity.

4. Permitted Uses and Disclosures by Business Associate -Specific Use and Disclosure Provisions. a. Except as otherwise limited in this Agreement, Business Associate may use PHI for the

proper management and administration of Business Associate or to carry out Business Associate's legal responsibilities .

b. Except as otherwise limited in this Agreement, Business Associate may disclose PHI for the proper management and administration of Business Associate, provided that disclosures are

- 2-

Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

c. Except as otherwise limited in this Agreement, Business Associate may use PHI to provide Data Aggregation services to Covered Entity as permitted by 42 C.F.R. §164.504(e)(2)(i)(B).

d. Business Associate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with 42 C.F.R. §164.5020)(1).

5. Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions. a. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy

practices of Covered Entity in accordance with 45 CFR §164.520, to the extent that such limitation may affect Business Associate's use or disclosure of PHI.

b. Covered Entity shall notify Business Associate of any changes in , or revocation of, permission by Individual to use or disclose PHI, to the extent that such changes may affect Business Associate's use or disclosure of PHI.

c. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR §164.522, to the extent that such restriction may affect Business Associate' s use or disclosure of PHI.

6. Permissible Requests by Covered Entity. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity.

7. Term and Termination. a. Term. The Term of this Agreement shall be effective concurrent with the Underlying

Agreement, and shall terminate when all of the PHI provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy PHI , protections are extended to such information , in accordance with the termination provisions in this Section.

b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either:

1) Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Agreement if Business Associate does not cure the breach or end the violation within thirty (30) calendar days (five (5) additional calendar days are permitted if written notice provided by USPS.) of Covered Entity's notice to Business Associate of the Covered Entity knowledge of the Business Associate's material breech; or

2) Immediately terminate this Agreement if Business Associate has breached a material term of this Agreement and cure is not possible; as determined at the sole discretion of Covered Entity; or

3) If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary.

c. Effect of Termination .

1) Except as provided in paragraph (2) of this Section, upon termination of this Agreement, for any reason , Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI that is in the possession of any subcontractors or agents of Business Associate, and Business Associate has the duty to insure that any of its subcontractors or agents complies with these termination

- 3 -

8. Miscellaneous.

provisions. Neither Business Associate, nor any of its subcontractors or agents, shall retain any copies of PHI upon termination of this Agreement.

2) In the event that Business Associate determines that returning or destroying the PHI is infeasible, Business Associate shall provide to Covered Entity written notification of the conditions that make return or destruction infeasible thirty (30) calendar days (five (5) additional calendar days are permitted if written notice provided by USPS) prior to the termination of the Agreement or within thirty (30) calendar days (five (5) additional calendar days are permitted if written notice provided by USPS.) of Business Associate's notice of Covered Entity's knowledge of a material breach of this Agreement. Upon mutual agreement of the parties that return or destruction of PHI is infeasible; Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI.

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

b. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

c. Survival. The respective rights and obligations of Business Associate under Section ?.c., "Effect of Termination," of this Agreement shall survive the termination of this Agreement.

d. Interpretation. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule.

e. This Agreement supplements the Underlying Agreement between Covered Entity and Business Associate. In the event that a provision of this Agreement is contrary to a provision of the Underlying Agreement, the provisions of this Agreement shall control. Otherwise, this Agreement shall be construed under, and in accordance with, the terms of the Underlying Agreement, and shall be considered an amendment of and supplement to the Underlying Agreement.

f. A failure of any party to enforce at any time any provision of this Agreement, or to exercise any right or option herein , shall in no way operate as a waiver thereof nor shall any single or partial exercise preclude any other right or option herein.

g. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective successors or assigns, any rights , remedies, obligations or liabilities whatsoever.

IN WITNESS THEREOF, the parties have caused this Agreement to be duly executed by their duly authorized representatives as of the date last written below.

For Go Beyond, LLC For

By: ________ _ By: _ _ _________ _

Sign: ------------- Sign:

It's: _____________ _ It's: _________ _

-4 -

APPLICATION HOSTING SERVICE LEVEL AGREEMENT FOR BASINET

This Application Hosting Service Level Agreement (SLA) [the "Agreement" or "SLA"] is between GO BEYOND, LLC, a Florida Limited Liability Company ("Provider" or "GO Beyond"") and Kansas Action for Children, a Kansas Not-for-Profit Organization ("Customer").

Background

1. TERM

This SLA shall be effective beginning Februmy 1, 2013, and shall expire at Midnight, January 31, 2014, (the "Initial Term") unless tenninated earlier as provided in Article 5 below. Customer may renew the SLA for up to three (3) additional one year terms (each a "Renewal Term") by providing a Renewal Notice not less than 60 days prior to the expiration of the Initial Term or any Renewal Term.

2. HOSTING SERVICES

Provider shall supply and maintain all hardware, operating system and other infrastructure software required to provide end user access to the BASINET application. Application Hosting Services include providing for the availability of the BASINET application and listed domains to Customer's end users as follows:

(a) Application Access Grant. Provider grants to Customer a non-exclusive, nontransferable license to use BASINET (the "License") for three (3) identified Users, subject to the terms and conditions in this SLA.

(b) User Names and Passwords. Provider shall deliver a user name and password for each End User. The user nmnes and passwords shall be based on Customer staff positions, one individual per position, and are non-transferable and shall not be disclosed to others.

(c) Scheduled Availability . Provider shall use commercially reasonable efforts to ensure that the BASINET and hosted domains are accessible continuously, 7 days per week and 24 hours per day except that Provider may temporarily stop user access to perform required maintenance. Whenever reasonably possible, Provider shall give advance notice of any required service intem1ption and shall attempt to schedule such interruptions outside of Customers usual hours of operation.

(d) Number of Users. Customer may allow three (3) users to access BASINET and the hosted domains. In the event that additional users require access to BASINET, Customer shall notify provider of the additional requirement and Provider shall

- 1 -

deliver additional user names and passwords. In tllis event, Customer shall pay a prorated user fee for each additional user.

(e) Internet Links. Provider shall maintain network and internetworking services to the ISP circuit termination point in its data facility together with all network hardware, firewalls or other security services wi thin the data facility. Provider shall take commercially reasonable steps to maintain a consistent link with the Internet, but does not warrant that it shall maintain a continuous and unintem1pted link. Customer shall provide, or ensure that its members provide, internet services sufficient for each end user to access BASTNET together with firewalls and other security services witllin the end user facility.

(f) Web Site Storage. Provider shall store BASINET on Provider's Intemet server. Provider will supply all storage capacity reasonably necessary to support BASTNET, including its programs, web pages, data stores, and backups. The parties expressly recognize that Intemet servers and links are susceptible to crashes and down time. Provider shall take commercially reasonable steps to maintain high availability, but does not warrant that it will maintain continuous and uninterrupted availability.

(g) Data Backup. Provider shall use commercially reasonable means to implement and monitor daily backup service including live failover backup of databases; daily incremental backup of the database and transaction log on a monthly cycle.

3. ANCILLARY SERVICES

(a) Provider shall perform periodic maintenance and support services for the BASTNET application, all as directed by or in accordance with Customer or end user instruction, as defined in the table below.

Service Frequency Record, process and resolve duplicate case records As needed Manage user access and security As needed Provide custom reports from BASINET data As needed to meet

reasonable Customer requirements

Administer web-based, user training session As needed Provide system support by telephone and email for As needed to meet Ends Users and issues related to use of the reasonable Customer BASINET requirements

4. SERVICE FEES AND PAYMENT

(a) Configuration Fee. Customer shall pay $4,000 for the initial set-up and state-level configuration of the BASTNET system. This is a one-time fee.

- 2-

(b) Fixed User Fee. Customer shall pay an annual service fee of $600 per user at the start of the Initial Tenn and each successive Renewal Tenn. All user fees shall be due and payable by the first day of the Tenn. Customer shall pay for additional services at the rates detailed in the table below.

Service Hourly Rate

Administrative non-technical services: Administrative or staff time $55.00 for special projects, custom repotis, research, etc. not covered in services provided. Programming - Technician Services: Programming or technical $95.00 services not provided in the scope of services. Rates do not include travel or living expense which will be billed as actually incurred Special Circumstance Rates By quote If services such as consultants, technicians, security expetis, legal or other independent parties are required to perfonn services their rates shall be quoted and accepted on a case by case basis.

(c) Invoices and Payment. Provider shall invoice Customer annually, in advance, for the initial tenn and any Renewal Terms. Customer shall pay all undisputed invoices within 15 days of receipt. In the event that Customer disputes any portion of the invoice amount, Customer shall promptly notify Provider of the amount disputed and the reasons therefore and shall pay any undisputed potiion of the invoice amount within 15 days. Customer shall pay interest at the rate of 1.5% of the unpaid amount per month on any invoice not paid within 30 days of the invoice date

(d) Taxes. Customer shall pay the amount of any sales, use, excise or similar taxes applicable to the perfonnance of the Services, if any, or, in lieu thereof, Customer shall deliver a certificate acceptable to the taxing authorities exempting Customer from payment of these taxes.

5. TERMINATION

(a) Material Breach. If either Party materially breaches this Agreement and does not cure the breach within 30 days after receiving written notice of the breach from the nonbreaching Party, the non-breaching Party may terminate this Agreement as of a termination date specified in that notice or a subsequent notice delivered within such 30-day period. If the breach cannot be completely cured within the 30-day period, no default will occur if the Party receiving the notice begins curative action within the 30-day period and thereafter proceeds with diligence and in good faith to cure the breach as soon as practicable.

(b) Expiration. Unless renewed, this Agreement shall expire as of the date and time described above in Article 1. Upon expiration, Provider shall prepare and deliver to

- 3-

Customer a complete backup of Customer's data in an appropriate electronic media (tape, disk, or other storage media).

6. CUSTOMER RESPONSIBILITIES:

(a) Customer shall designate qualified personnel to act as liaisons between Provider and Customer.

(b) Customer is responsible for obtaining and complying with license tenns for all Customer provided and end user provided software outside the data center.

(c) Customer is solely responsible for all data entered, used, or maintained by Customer or its end users.

7. SAFEGUARDING INFORMATION

(a) The Provider shall not use or disclose any infonnation concerning a recipient of services under this contract for any purpose not in conformity with the state regulations and Federal law or regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or her responsible parent or guardian when authorized by law. It is expressly understood that the Contractor's refusal to comply with this provision shall constitute an immediate breach of contract

(b) HIP AA - Where applicable, the provider will comply with the Health Insurance Portability and Accountability Act ( 42 U.S .C. section 210 et seq.) As well as all regulations promulgated thereunder ( 45 CFR Parts 160, 162 and 164).

(c) Provider shall execute a Business Associate Agreement in conjunction with the signing of this contact unless such agreement has already been executed.

(d) Provider shall have a signed Business Associate Agreement with all subcontractors. Provider shall deliver copies of these agreements to Customer within 10 working days of ratification of the agreement. No partner or subcontractor may have access to data without a properly executed Business Associate Agreement in place.

(e) Provider shall supply a complete copy of all databases to Customer prior to the end of the contract year

8. WARRANTIES DISCLAIMED; LIMITATION OF LIABILITY

(a) WARRANTIES DISCLAIMED. The goods and services provided under this SLA are provided AS IS. Provider makes and Customer receives no warranty express or implied. All warranties of merchantability and fitness for a particular purpose are

- 4-

expressly disclaimed.

(b) Limitation of Liability. Circumstances may arise where, because of GB LLC's default or other liability, Client is entitled to recover damages from GB LLC. In each instance, regardless of the basis on which Client becomes entitled to claim damages, Client's sole remedy and GB LLC's entire liability (except to the extent applicable law prohibits agreements to limit liabilities) is as follows:

1. For failure for Deliverables or services to conform to their warranties, specific performance of such duties as stated in Section 2, and in the absence of the ability to perfonn, as set forth in (b)( 4 ), below

11. For infringement of U.S. patents, copyrights, trademarks, and other intellectual property rights.

iii. For bodily injury, including death, caused by GB LLC's negligence, GB LLC's liability will be limited to $100,000, to the extent GB LLC's negligence caused the injury. Unless otherwise specified in a Statement of Work, for physical damage to tangible property, GB LLC will be liable for direct damages up to $15,000 to the extent that GB LLC' s negligence caused the damage.

iv. FOR ALL CLAIMS NOT EXPRESSLY ADDRESSED IN SECTIONS 8(b)(l) THROUGH 8(b)(3) (OR IF REMEDIES IN THOSE SECTIONS ARE HELD TO BE INVALID OR UNENFORCEABLE), INCLUDING BUT NOT LIMITED TO CLAIMS OF FRAUD OR MISREPRESENTATION ARISING OUT OF OR RELATED IN ANY MANNER TO THE PERFORMANCE UNDER A CONTRACT, GB LLC's CUMULATIVE LIABILITY (INCLUDING REFUNDS) WILL BE LIMITED TO $100,000

v. UNDER NO CIRCUMSTANCES ARE GB LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS, OR SUPPLIERS LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOSS OF PROFITS, REVENUE, OR DATA WHETHER IN AN ACTION ARISING IN CONTRACT, TORT, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. GENERAL

(a) Assignment. This Agreement shall be binding upon the parties' and their respective successors and permitted assigns. Neither party may assign this Agreement, or any of its rights or obligations hereunder, without the prior Wiitten consent of the other party (which consent shall not be unreasonably withheld), and any such attempted assignment shall be void.

- 5 -

(b) Notices. Any notice or required communication under this Agreement shall be in writing and shall be hand delivered, sent by fax or email attachment, or sent by U.S. Mail or other courier to the party receiving such communication at the address specified below which may be changed from time to time. The parties shall maintain valid business email addresses throughout the term of this Agreement. Email shall be the primary mode of communication between them and email sent shall be promptly acknowledged by return email from the receiving party ·

If to Provider If to Customer Jason Stamm, COO Janelle Brazington, Vice President GO BEYOND LLC Kansas Action for Children 267 John Knox Rd. #1 01 720 SW Jackson, Suite 201 Tallahassee, FL 32303 Topeka, KS 66603 850 894-1754 785 232-0550 850 894-1784 fax 785 232-0699 fax [email protected] [email protected]

(c) Governing Law; Venue. This Agreement shall be deemed to have been executed and performed wholly within the State of Florida and will be governed by and construed in accordance with the substantive laws of the State of Flmida. The parties hereby consent to the exclusive jurisdiction of the courts of the State of Florida, Leon County, or the United States District Court for the Northern District of Flotida for the purpose of any action or proceeding brought by either of them for any purpose related to this Agreement.

(d) Legal Fees and Costs. Should any legal process or proceeding be initiated to enforce the rights of either party to this agreement, the prevailing party shall be entitled to its reasonable costs including attorney fees .

(e) Modifications. No modification, amendment, supplement to or waiver of this Agreement, or any of its provisions, shall be binding upon the parties hereto unless made in writing and duly signed by both parties.

(f) Waiver. A failure of either party to exercise any right provided for herein, shall not be deemed to be a waiver of any right hereunder.

(g) Complete Agreement. This Agreement sets forth the entire understanding of the parties as to the subject matter herein and may not be modified except in a writing executed by both parties.

(h) Severability. In the event any one or more of the provisions of this Agreement or of any Schedule is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired

- 6 -

- I

(i) Non-Solicitation. Provider agrees not to hire or to solicit the employment of any personnel of Customer directly or indirectly associated with Provider's work during the term of the Agreement, including any Renewal Terms, and for a period of six ( 6) months thereafter. Customer agrees not to hire or to solicit the employment of any personnel of Provider directly or indirectly associated with Provider's work during the term of the Agreement, including any Renewal Te1ms, and for a period of six ( 6) months thereafter.

IN WITNESS WHEREOF the Parties, intending to be legally bound, have executed and delivered this Agreement on the zy•1 df;J2,n\.c,S Z0 \3 but effective as of the first date of the Term as defined in Article 1.

1

For Go Beyond, LLC:

B~$ Ja n Stamm

It's ChiefOperations Officer

For Kansas Action for Children:

By v ~ Cz;v/7.,._~ ( signlture)

Obannon Colrsofad,.S (print name)

It's Cf-e~doo+ 8.J UD Title

- 7 -

RESOLUTIONNO. ~o{J ..-l ~~

WHEREAS, the Board of County Commissioners of the County of Shawnee, Kansas is authorized to establish holidays for County government purposes.

NOW THEREFORE, be it resolved on this __ day of September, 2013, the following schedule of holidays will be in effect for the year 2014.

New Year's

Martin Luther King' s Birthday

Memorial Day

Independence Day

Labor Day

Veteran's Day

Thanksgiving Holiday

Christmas Holiday

2014 H 0 L I D A Y S

Wednesday, January 1, 2014

Monday, January 20, 2014

Monday, May 26, 2014

Friday, July 4, 2014

Monday, Sept. 1, 2014

Tuesday, November 11, 2014

Thursday, November 27, 2014 Friday, November 28, 2014

Thursday, December 25, 2014 Friday, December 26, 2014

Resolution No. 2012-93 and any previous resolutions in conflict with the foregoing are hereby rescinded effective January 1, 2014.

ATTEST:



Shelly Buhler, Chair

Bob Archer, Vice Chair

Kevin Cook, Member

KANSAS ASSOCIATION OF

COUNTIES

To:

From:

Subject:

Date:

Boards of County Commissioners across Kansas

Randall Allen, KAC Executive Director [Z;J1t'.J,J.11 /h.klA County Map in the new Visitors Cente r, Kansas Statehouse

June 20, 2013

Restoration of the Kansas Statehouse is nea ring completion . One of the final projects associated

with the restoration is the construction of a new Visitors Center on the north end of the bu ilding. Upon

completion of the project, all visitors to the Kansas Statehouse will pass through the new Visitors Center

to access other areas of the building.

A marble floor map of Kansas and its 105 counties (approximately 15 feet by 30 feet) is planned

in the main hall of the Visitors Center, allowing visito rs and guests, including school children, to learn

about the county place names and our herit age. Young Kansans will be able to identify their home

county, stand on the tile, and see its location in relat ion to other Kansas counties. The map will be inlaid

into the floor, and w ill include the names of all 105 Kansas counties.

The Kansas Association of Counties Govern ing Board has officially adopted the Statehouse

County Map project, with the intention of raising donations from Kansas counties totaling $105,000 to

finance construction and installation of the f loor map, as a measure of pride in Kansas counties and as a

reminder to future generations about the importance of Kansas counties.

The KAC Governing Board requests t he assistance of the boards of county commissioners of all

105 counties in raising $1,000 per county, through w hatever appropriate methods are determined

locally, to f inance construction and installation costs. The KAC Board hopes that you will take this

unique opportunity to engage the persons in your county- your employees, citizens, school and youth

and civic groups, and businesses- to raise fu nds for your county's contribution. You may, for example,

choose to hold a fund raising event. Or, you may work w ith 4-H groups and your county fairs to collect

pennies and small change to raise your $1,000 share. How you raise your contribution is your decision,

and we anticipate a variety of approaches among our 105 counties.

The KAC is collecting the funds cent ra lly so that one check can be presented to the State of

Kansas on or about October 1, 2013 . The KAC Govern ing Board respectfully requests that your board

take the following steps: 1) designate a contact person who will lead your fund-raising efforts in your

county and serve as a point of contact to the KAC for the purpose of informing the KAC about the status

300 SW 8th Avenue, 3rd Floor I Topeka, KS 66603-3912 (p) 785-272-2585 (j) 785-272-3585 1 kansascounties.org

of your efforts locally; 2) remit a check for $1,000 on or before October 1, 2013. Checks should be made

payable to the Kansas Association of Counties, Statehouse Map Project, 300 SW 8th, 3rd Floor, Topeka, KS

66603.

We hope that you greet this project with enthusiasm and joy, and as an opportunity to engage

your citizens in something that belongs to all Kansans, i.e. the Kansas Statehouse . The Statehouse

County Map will truly be a special place for all persons for generations to come. Thank you in advance

for your participation in this exciting project. Have fun with this, and let the creativity of you and your

citizens drive your efforts!

If you have questions or want more information about the project, please feel free to call any

one of the following KAC Board/staff members who are leading our efforts on this project:

Northeast Kansas :

Southeast Kansas:

Richard Maim, Jefferson County Commissioner.

785.364.6252

Glen Tyson, Osage County Road and Bridge Supervisor.

785.220.2091

Kimberly Skillman-Ro brahn, Coffey County Commissioner and KAC

Vice President.

620.364.9593

Jim Emerson, Crawfo rd County Counselor and KAC President

620.235.6967

South Central Kansas: Tim Norton, Sedgwick County Commissioner

316.660.9300

Western Kansas: Bob Boaldin, Morton Co unty Commissioner

620.697.2111

All counties : Randall Allen, KAC Executive Director

785.272.2585 extension 302

Enclosed (3): Designation of your County's Point of Contact

Visitors Center Exterior Rendering

Map Diagram within the Statehouse

Kansas Statehouse County Map Project

County:

Yes! We have been informed about the Kansas Statehouse County Map Project and are

committed to raising funds for our county's participation in the project. For purposes of this

project, we are designating the person below as our single point of contact:

Name:

Title:

Address:

City: -------------> KS.

Zip

Email Address: __________ _ @ _______________________ ___

Daytime Phone:

Evening Phone: (

Please 1} scan and return this form by email ([email protected]}, or 2} FAX to

785.272.3585, or 3} mail to : Statehouse County Map Project, Kansas Association of Counties, 300 SW 8th, 3'd floor, Topeka, KS 66603.

-----"""":.-.--------~-----~----;--'7"""-

• •

. •.• t I ,

I ' . I . '. ' • I ; -,

! ·. I i -

L '1 I I

.... ! r I •-·- ·- .. I i -- .. -:_ - -l -

1,.~. _ , _

Mit KANSAS · .-.sSOCIATION O F

COUNTIES

To: Chairpersons, Board of County Commissioners and County Clerks

From : o'ana Wethington, Administrative Assistan~ RE: Statehouse County Map Project

Enclosed is a brochure promoting the Statehouse County Map Project . The brochure is designed to be copied as a .

two-sided trifold brochure, or it could be printed as two pages and placed in a folder for prospective donors. It also

is on our website, at http://www.kansascounties.org/Docu mentCenter/View/1243 which offers another option for

counties to promote the project. If the brochure is left w ith a prospective donor for consideration, below the Yes! I

will support column is a l-inch spa.ce for a stamp of the co unty name or a signature of the county contact. If you let

me know what you would like in that space by July 8, I will be glad to personalize it fo r your convenience when you

reprint the document. Please call me at 785-272-2585 or email me at [email protected]. On the

KAC homepage is a link to the map of countie's t hat will show each county shaded in green when we receive either

the check or the commitment for the $1,000. As of June 24, Ellis, Decatur and Ottawa counties are already green!

Thank you for supporting the project as we move toward the October check presentation to the State of Kansas.

Kansas Statehouse County Map Project

Yes! I will support the Kansas Statehouse County Map Project for our county.

0 Enclosed is my contribution to the project.

0 Please send me more information about how I can participate.

Name----'------------

Title ....,....-- - - - --- --- -

Address ---------------~-----

City --- KS __ _

Email ____ ~--------

Day Phone L__) --------~

Evening Phone L__) ______ _

Please send to your county contact ----KANSA:s

COUNTIEOS

300 SW 81h, 3'd Floor Topeka, KS 66603

785-272-2585 www.kansascounties.org

Kansas

Statehouse

County

Map

Project

Map a Final Project of Statehouse's Restoration

Restoration of the Kansas

Statehouse is nearing completion .

One of the final projects associated

with the restoration is the

construction of a new Visitor Center

on the north side of the Capitol.

The Visitor Center will be the main

entrance for visitors, legislators and

employees.

A specia l feature of the Visitor Center

is a marble map of Kansas and its

individual 105 counties that will be

inlaid into the floor and will allow all

people who pass through to identify

,.

counties and see their relationships

to others in the State. Each county

name will be cut into the marble .

The Governing Board ofthe Kansas

Association of Counties officially

adopted the Statehouse County Map

project, with the intention of raising

$1,000 in donations from within each

of the Kansas counties, totaling

$105,000 to finance construction

and installation of the floor map.

This represents a measure of pride

in Kansas counties and is a

reminder to future generations about

the importance of Kansas counties .

KAC is collecting the funds centrally

so that one check can be presented

to the State of Kansas in October of

2013 .

The Kansas Statehouse Map will

truly be a special site for all people ·

for generations.

A Welcome to the Statehouse

I ll , Y llml ·,yl Pl. ry ~ilP I :!'

I I I I i I . I Jm II

.Jl ! .". :·.·.~:~: ... j I . _, ... LIT? 'I

, .. T· ~ · (· T'CT:f:\}<l\t1 h\ I ' ·\., .. '····\ .. ' ' 1'.\.\···'H•I'·:;: t \ ~ 1 I .,;.. \ ... , .. • , ..... , 1 · , . , .. 1' Jl r·c:r l· .. . \ · L\ ·\ ·I'\ , \or. I •·r ' \1• u ....... , ..•..... , ... J_ I ~· I · ., _1 • I \··• ·· )'""' ''ll j··· ~ · !. ~-· · ! , ! tA·· '\ \

\ •; ,. \ ' , .,.~ '! '' ; ' i j -1 . l •, 1 'I \'~t:\: \ ~. 1~·:,\,;J~;F:.\.:::::.j .:':: : ... ~: .• :::: .............. · l~t_

' J ' i · ~ I ·-·"

I --- 'l"-J '' 1 ~ - ~ -----r~

........ ,· · ~-~:.::::::r:-=.::: ~:r 1u1=m~ ··ll I l I l tco I j l I '~1>! ' J ' li,.. I I ' i j . I I I ll I I l I I

. 2?5.J:;\4:i5:!~~~.~:;i!.R~:~~~:;~;;~~;., ...... . I I

A map depicting each county will welcome , all people through the main entrance of the Capitol with its location on the floor of the Visitor Center. Counties on the inlaid map will be separately constructed of marble and identified by name for visitors, legislators and employees in the Kansas Statehouse to learn and be reminded of our heritage. The map's orientation replicates the true alignment of counties and state borders.

Documents

BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY