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BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, FEBRUARY 9, 2015, 9:00A.M. COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS 1. Presentation, Social Media & Communication Tools- GetoutdoorsKansas.org-Parks and Recreation. II. UNFINISHED BUSINESS III. CONSENT AGENDA 1. Consider authorization and execution of the following service contracts-Parks and Recreation: (a) Contract C59-2015 with Topeka Civic Theatre and Academy to instruct theatre classes, $20.00 per student for an 8 week class; $25.00 per student for a 10 week class. (b) Contract C60-2015 with Challenger Sports Camp to conduct soccer camps for various ages and remit to the County a portion of fees collected in accordance with the following schedule: 1. First Kicks - $6.00 per camper 2. Mini Soccer- $6.00 per camper 3. Half Day- $15.00 per camper 4. Golden Goal- $5.00 per camper 2. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $196.77-District Attorney. 3. Consider acceptance of easement from Consolidated Rural Water District No.2 for the Booster Pump Station at NW 54th Street and Docking Road project-Public Works/Solid Waste. 4. Consider execution of Form CCC-858 of the United States Dept. of Agriculture to allow Richard Farms, which leases 7.4 acres of land from Shawnee County, to choose an Agriculture Risk Cover or Price Loss' Coverage program as required under the 2014 Farm Bill. IV. NEW BUSINESS A. COUNTY CLERK- Cynthia Beck 1. Consider all voucher payments. 2. Consider correction orders. B. PUBLIC WORKS/SOLID WASTE -Tom Vlach 1. Consider authorization and execution of Contract C58-2015 with Senne Company for a design/build project to renovate the Solid Waste Department ladies and men's shower and locker room at the Annex in an amount of $45,000.00. 2. Consider approval of a request for a sole source purchase of a complete, reconditioned engine for one of the department's tractors at a cost of$13,000.00. C. PARKS AND RECREATION- John Knight 1. Consider approval of request to solicit bids and/or proposals for the purchase of supplies and equipment such as uniform shirts, concession supplies, summer camp supplies, aquatic chemicals, aquatic staff swim suits, photography services for youth sports, grass seed, turf fertilizer, herbicides, road maintenance materials and parkland supplies necessary for the operation of Parks and Recreation programs and facilities.

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Page 1: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, … · 2/9/2015  · design/build project to renovate the Solid Waste Department ladies and men's shower and locker room at the Annex

BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, FEBRUARY 9, 2015, 9:00A.M. COMMISSION CHAMBERS, ROOM B-11

I. PROCLAMATIONS/PRESENTATIONS

1. Presentation, Social Media & Communication Tools- GetoutdoorsKansas.org-Parks and Recreation.

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Consider authorization and execution of the following service contracts-Parks and Recreation:

(a) Contract C59-2015 with Topeka Civic Theatre and Academy to instruct theatre classes, $20.00 per student for an 8 week class; $25.00 per student for a 10 week class.

(b) Contract C60-2015 with Challenger Sports Camp to conduct soccer camps for various ages and remit to the County a portion of fees collected in accordance with the following schedule:

1. First Kicks - $6.00 per camper 2. Mini Soccer- $6.00 per camper 3. Half Day- $15.00 per camper 4. Golden Goal- $5.00 per camper

2. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $196.77-District Attorney.

3. Consider acceptance of easement from Consolidated Rural Water District No.2 for the Booster Pump Station at NW 54th Street and Docking Road project-Public Works/Solid Waste.

4. Consider execution of Form CCC-858 of the United States Dept. of Agriculture to allow Richard Farms, which leases 7.4 acres of land from Shawnee County, to choose an Agriculture Risk Cover or Price Loss' Coverage program as required under the 2014 Farm Bill.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. PUBLIC WORKS/SOLID WASTE -Tom Vlach

1. Consider authorization and execution of Contract C58-2015 with Senne Company for a design/build project to renovate the Solid Waste Department ladies and men's shower and locker room at the Annex in an amount of $45,000.00.

2. Consider approval of a request for a sole source purchase of a complete, reconditioned engine for one of the department's tractors at a cost of$13,000.00.

C. PARKS AND RECREATION- John Knight

1. Consider approval of request to solicit bids and/or proposals for the purchase of supplies and equipment such as uniform shirts, concession supplies, summer camp supplies, aquatic chemicals, aquatic staff swim suits, photography services for youth sports, grass seed, turf fertilizer, herbicides, road maintenance materials and parkland supplies necessary for the operation of Parks and Recreation programs and facilities.

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V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

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SHAWNEE COUNTY

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR 3137 SE 29TH ST.

PARKS~RECREATION TOPEKA,KS 66605-1885

(785) 251-2600 [email protected]

February 3, 2015

To:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Director (\\ Parks & Recreation JJ:_

Presentation, Social Media & Communication Tools- GetoutdoorsKansas.org (Intended for the Proclamations/presentations Agenda, February 9)

I

Board of Commissioners recognition is requested for a presentation by Parks Planner, Bill Riphahn and Lynn Gentine, Program Director at GetOutdoorsKansas.org. This presentation will include information regarding social media and a communication tool for Shawnee County Parks & Recreation.

GetoutdoorsKansas.org looks for outdoor organizations and enthusiasts to become website partners for free to list their outdoor events and activities that promote an active, healthy lifestyle in Kansas. This non-profit website assists organizers to promote events or activities to outdoor communities of interest and help expand their participants by directing new audiences to their own website. This is a great compliment to our current tools to elevate the promotional quality, capabilities and status of our events without increasing training or cost and with streamline essence.

As noted in the Shawnee County Parks and Recreation Master Plan, our mission statement is "an essential service established to improve quality of life for all residents of the county by proactively responding to changing demographics and emerging trends while maximizing all available resources when provide quality parks, recreation facilities and programs that enhance the residents health, promotes economic vitality and long term sustainability now and for future generations."

This presentation will outline the benefits for the department in introducing and promoting to current and future generations to ensure a passionate legacy of traditional and alternative outdoor activities in Kansas.

JEK/lrk

)

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SHAWNEE COUNTY

PARKS~RECREATION

February 02, 2015

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Directo1 Parks & Recreation

Service Contracts Recreation Division

SHAWNEECOUNTY ~ PARKS & RECREATION I

JOHN E. KNIGHT

DIRECTOR 3137 SE 29TH ST.

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

[email protected]

Board of Commissioners approval is requested on the attached Service Contracts. These Service Contracts are a valuable tool used by Parks & Recreation to provide compensation to individuals who desire to share their skill and talent with the public as independent contractors.

In June 2014, a Shawnee County Parks & Recreation Master Plan was approved by the Board of Commissioners. Through this plan the identified community's vision for programming is "to reach out to people of all ages too encourage them to experience parks and recreation facilities through well designed programs that create a lifetime of memories. " To meet this vision, a goal was established to "continue existing core programs of· preschool-age programs, athletics for youth and adults, youth and adult life skill programs, camps , wellness and fitness programs, senior programs, aquatic programs, and special events, and include new core programs in outdoor adventure, adaptive recreation, and senior services. "

For maximum effectiveness, the Master Plan further addressed the importance of recreation program analysis, core programming, cost recovery and pricing strategies. Staff will at least annually; analyze the program offerings in relation to several factors including a life-cycle analysis. The provision of these programs whether directly provided by the department within Shawnee County facilities, or through partnerships with other agencies, school districts, etc., require quality individuals or companies to instruct these programs. Service Contracts are a valuable tool used by the department to provide compensation to individuals who desire to share their skill and talent with the public as independent contractors. Foil owing is a list of Service Contracts that Parks & Recreation is requesting approval: Contractor Service Provided Topeka Civic Theatre Instruct theatre classes; $20 per student, 8 week class & Academy Instruct theatre classes; $25 per student, 10 week class Challenger Sports Camp Conduct soccer camps for various ages and remit to the County

a portion of fees collected in accordance with the following schedule: First Kicks $6 per camper Mini Soccer $6 per camper

\

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Half Day $15 per camper Golden Goal $5 per camper

The cost recovery of programs varies depending on their classification; core essential, important, or value-added. The above programs or professional services are classified as value-added programs where the targeted cost recovery rate is 100% or higher. This means that the participant, not the tax payers or General Fund pay for all of the true costs of these programs. Staff has begun a thorough process of determining these true costs associated with these programs and has developed and is monitoring a pricing plan to insure these true costs are recovered.

JEK/gcl RL Attachment( s)

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SHAWNEE COUNTY CONTRACT NO. c51 -2015

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and TOPEKA CIVIC THEATRE (Contractor).

1. SERVICES TO BE PERFORMED

Contractor agrees to perform the following services for County:

Conduct an outreach children's theatre class.

This Agreement shall commence on January, 1 2015, and shall end on December 31, 2015, 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 theatre class Teach and implement theatre exercises/games $20 per student for 8 week

Provide materials (props, costumes, set, etc.) classes

Oversee rehearsals I

$25 per student

Conduct a final class performance for 10 week -classes

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, expense~ 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.

1

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

5. INSURANCE

2

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· 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 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

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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.

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

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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

___________________ ,Chrur

Cynthia A. Beck, Shawnee County Clerk

CONTRACTOR

Address DQa. K ~(A) ~/o.p.<J<a_ B Date: 1-J s--1~ .

5

Approved as to Legality and Form: Date /-l 1 -tr

A"'f::~ c· Jt.d. """' l. 0. COU~~ELOR

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SHAWNEE COUNTY CONTRACT NO. C {a Q -2015

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and BRITISH SOCCER A DIVISION OF CHALLENGER SPORTS CAMP (Contractor).

1. SERVICES TO BE PERFORMED

Contractor agrees to perform the following services for County:

Contractor will conduct soccer camps at the Bettis Family Multipurpose field owned by the County. Contractor will take reservations and conduct the camps in accordance with the 2015 British Soccer Camp Agreement, incorporated herein as attachment "A". Contractor will remit a portion of the camp fees it receives to the County in accordance with paragraph 2 herein.

This Agreement shall commence on _June 15, 2015_, and shall end on June 19, 2015_, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT

Contractor will pay a portion of the fees it receives from camp participants to the County in accordance with the following schedule:

2015 Challenger Sports Camp Reimbursement First Kicks - $6 per camper Mini Soccer - $6 per camper Half Day - $15 per camper Golden Goal - $5 per camper

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.

1

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

5. INSURANCE

2

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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 dfawings 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 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

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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 ofthe County of Shawnee, Kansas.

10. ARBITRATION, DAMAGES, WARRANTIES.

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

11. REPRESENTATIVE'S 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 ofthe 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.

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

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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

Cynthia A. Beck, Shawnee County Clerk

CONTRACTOR

Address S. 2 b3 -FL I r-.J-i 1 Lf-1'-'f:)C.t} k S G~ 21 'f. Date: i I 2 O I IS ,

r '

5

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2015 BRITISH SOCCER CAMP AGREEMENT/CONFIRMATION

PLEASE CHECK ONE- NEW 1 YEAR **NEW 3 YEAR 1N 2ND YR OF 3 YR FOR 2015 1N 3RD YR OF 3 YR FOR 2015

The agreement made this day of 2014 between British Soccer a division of CHALLENGER SPORTS CORP, a corporation organized and existing under the laws of the State of Kansas, located at 8263 Flint, Lenexa, KS 66214 and herein referred to as "British Soccer" and:

Sh.A'-VNt:f... Cou#JT1 i4-<tK '\ DQ~LGA- US. ,hereinreferredtoas"TheCiub" Organization Name City & Statel

WHEREAS:

1.0 Conditions: "British Soccer" agrees that it will conduct and maintain an instructional soccer camp in accordance with the following:

Coaches will hold the minimum of a Football Association Coaching License/Challenger/British Soccer Coaching certification. There will be at least one qualified coach for each coaching group (12-15) of campers. Each camp shall include five daily sessions Monday through Friday or other as specified. Sessions shall run for one hour, one and a half hours, two hours, three hours and six hours.

1.1 Term of Contract- please circle all appropriate camp programs and fees.

Camp fees: For I hour$ 8 l 1.5 hours $ q S 2hours$ __ _ 3 hours$ \30 6hours$ __ _

The above camp prices are valid during and up to 7 days post camp.

After this time camp fees will be: For I hour$ __ _ 1.5 hours $ __ _ 2hours$ __ _ 3hours$ __ _ 6hours$ __ _

(For any camper registering after the ball and shirt order has been taken 10 days before camp, there will be a $10 late fee charged).

1.2 Provisions: "British Soccer" shall provide the following to the Club:

One coaches clinic/special coaching session per week of camp, two hours in length, at no charge to "The Club" during the week of camp. A certificate of general liability coverage to all camps. Promotional literature, posters and operational and marketing support. A hand stitched soccer ball and T -shirt to each camper who registers for camp - unless otherwise stated. A replica British Soccer jersey to all campers who register on line before the early sign up deadline. The Camp coordinator will receive a free camp scholarship and free replica jersey. All host families will receive a rebate of $80 towards the cost of their camp fees.

2.0 Conditions accepted by the "The Club":

To provide an outdoor soccer field or training area suitable for instructional purposes. Approximate requirements: one field per 30 campers. Customer agrees that should payment not be made within 60 days from the invoice date (6 weeks after camp) a finance charge of 1.5% per month shall be applied to the total amount due until paid in full. Provide a Coordinator who shall be the local camp administrator and liaison between "British Soccer:" and "The Club". Be responsible for the administration of camp applications and agrees to schedule equal numbers of campers to each half day session. Fourteen (14) days prior to camp "The Club"' shall provide "British Soccer", the number of camper registrations. The number of coaches assigned will be based on this number. Additional campers may be enrolled after this date subject to availability of coaches. Solicit host families from "the Club" to house "British Soccer" coaching staff for the duration of the camp.

2.1 Non Solicitation: "The Club" agrees that it will not solicit the services of any member of the "British Soccer" Coaching staff for employment independent of "British Soccer."

The terms and/or conditions ofthis contract may be amended by Challenger Sports with 30 day written notice.

Camp Week Week of Choice Camp Week Week of Choice Camp Week Week of Choice May 18-May 22 June 22- June 26 ~ July 27- July 31

May 25- May 29 June 29- July 3 Aug3-Aug 7

June 1 - June 5 July 6- July 10 Aug 10- Aug 14

June 8- June 12 1- July 13- July 17 Aug 17-Aug21

June 15-June 19 "'& I July 20 -July 24 Aug 24 -Aug 28

PLEASE PRINT: Name of Authorized officer for sponsoring organization: --------------------------

Address: ______________________ _ City: St: Zip:

Daytime tel: ( -------~Eve. ( email:

Date

Date 6/ao/at '

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/11 .:....:--OFFICE OF THE DISTRICT ATTORNEY 2--

THIRD JUDICIAL DISTRICT OF KANSAS

Chadwick J. Taylor, District Attorney

MEMORANDUM

TO: Board of County Commissioners

FROM: Chadwick J. Taylor, District Attorney

DATE: February 4, 2015

RE: Request for Diversion Fund Payments

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

I) Independent Stationers for office supplies a) Invoice No. 495436 dated January 29, 2015 in the amount of$13.23 b) Invoice No. 496556 dated February 2, 2015 in the amount of$43.50

2) LindySpring Systems for monthly water service a) Invoice No.911730 dated December 23, 2014 in the amount of$56.00 b) Invoice No. 917390 dated January 12, 2015 in the amount of $61.60 c) Invoice No. 926264 dated January 20, 2015 in the amount of $2.44 d) Invoice No. 928342 dated January 20,2015 in the amount of$10.00 e) Invoice No. 928343 dated January 20,2015 in the amount of$10.00

The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above itemized invoices, in the total amount of $196.77, to be paid from the Diversion Fund account.

Shawnee County Courthouse 200 SE 7th Street, Suite 214 • Topeka, Kansas 66603 • (785) 233-8200 Ext. 4330 • www.co.shawnee.ks.us

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,.

1dependent Stationers .o. aox 677426 . ALLAS, TX 75267

hone : 877-872-8599

Bill To: Shawnee County 200 SE 7th St TOPEKA, KS 66603

Customer PO #:

Invoice IN-000495436 Customer Account ........... : l Invoice Date ..................... : 1/29/2015 Sales Order ; ................... : S0-000498670 Order Date ..................... :.: 1/26/2015 Payment Terms ............... : Net 30 days Contact Name .................. : Contact Phone ................. : Page ................................ : 1 of 1 Payment Method .............. : Check

Ship To: District Attorney 200 SE 7th Room 214 Topeka, KS 66603

n Number .:::D;:;es::.::c~ri.t:::Pt::.::io:.:,:n~--------- UOM Qty Billing Code Price Extended

N1M5002 FILTER,COFFEE,12 CUP CT 1

Sub-Total: Freight:

Sales Tax: Total:

Deposit: Amount Due:

$13.23 $13.23

$13.23 $0.00 $0.00

$13.23 $0.00

$13.23 ----------------------------

nsure proper credit, please attach this portion and return payment. Be sure customer number is written on check.

se remit payment to: pendent Stationers Box677426

LAS, TX 75267

Invoice#: IN-000495436 Total Amount Due : $13.23

Customer Name: Shawnee County

Customer Account#:' Invoice Due Date : 2/28/2015

Thank you for y0ur Business!

If you are paying by credit card, then no balance is due at this time. Thank you.

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Jependent Stationers IJ. Box677426 iJ.LLAS, TX 75267

1one : 877-872-8599

Bill To: Shawnee County 200 SE 7th St TOPEKA, KS 66603

Customer PO #:

Invoice IN .. Q00496556 Customer Account .......... : Invoice Date ..................... : 2/2/2015 Sales Order .................... : S0-000501006 Order Date ....................... : 2/2/2015 Payment Terms ............... : NPt ~n r!::~y~

Contact Name .................. : Contact Phone ................. : i. · Page ................................ : 1 of 1 Payment Method .............. : Check

Ship To: District Attorney 200 SE 7th Room 214 Topeka, KS 66603

11 Number

E101243 C44623EA IV96920 ·

.=D.:::.;.es::..:c:.:.;Jrip~:.:t:..:.io.:..:.n __________ UOM 9!L_ =-B::.:.:illi~ng2...C=..o::..:d:.::e ___ _ ;_;Pr:.:.:ic.:::.;.e __ Extended

WATER,SPRING,.5 LTR CT 3 DETERGENT,DISH,AJAX,OR EA 1

. BOOK,STENO,GREGG,BOSH,WE. EA 15

$6.75 $3.90 $t29"

$20.25 $3.90

'$19.35 .

Sub-Total: $43.50 Freight: $0.00

Sales Tax: $0.00 Total: $43.50

Deposit: $0.00 Amount Due: $43.50

- -- -- --· -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -ensure proper credit, please attach this portion and return h payment. Be sure customer number is written on check.

ase remit payment to: lependent Stationers ). Box 677 426 .LLAS, TX 75267

Invoice#: IN-000496556 Total Amount Due : $43.50

Customer Name: Shawnee County

Customer Account# Invoice Due Date : 3/4/2015

Thank you for your Business!

If you are paying by credit card, then no balance is due at this time. Thank you.

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-·:-··-.

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. .. .', ·. ; ~

2MB *A-01-H10-AM-00013-4

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------ -- -- -, - -- -. -···-·- -· If paying by Credit Card, please complete this sectron

AMOUN:T ~ II CARD NUMBER D~D·

'· ~SI~G('J:7:A=TU~RE:=-----------I:EXP::::::-c. D""'A=:rE:-1

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• d ,. 9:V~g(gq;J §i:': .:.: ''. :·· : ..• ·: :,y·qf{. •,, :· -,·· .. t _';:';·;·:::··~ ~-. 2~~:,44;: MAKECfiECK.$PtWABLEJQ: ·: ·:.·· , .. LINDYSPRINq BOTTLED WATER

TERMS: Payment Due Upon Receipt

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I h II•• II 1111••11111•••nllllllll•l h •lul•••l•lllll·llll·•llllll LINDYSPRING BOTTLED WATER 115 NWVAN BUREN ST TOPEKA KS 66603-3315

___ . _:·f':LE.i\S~ llEt..AC_H tfE13Et.N.P !;.NQ.LQSE;.WlTii YQUB P..AY..ME..NT_IN~TH_E ~f~YE'=.OeE \?'RQV!J)E:Jj" ~. ;:· ~ __ .::. __ ~ -~. _ .. ·~ _. _ ..

DATE INVOICE NO. DESCRIPTION QUANTITY LINE TOTAL BALANCE

,911730 911730 911776 911776 917390 ·9:1 ..

Balance Forward 126.40 5 Gal Lindyspring (Delv) 10.00 56.00 INVOICE TOTAL 56.00 Driver Skipped 3.00 0.00 INVOICE TOTAL 0.00 5 Gal Lindyspring (Delv) 11.00 ·61,60 INVOICE TOTAL 61.60 Fin . ce Charge 1 .. 00 2.44

E TOTAL ... . 2.44 .. id . .){ental. 1.00

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You can now go paperless! You can eitf1er login to our website www.lindys·pring.com or you can call the office and we can do it for you 785-234-5551

2MB *A-01-H10-AM-00013-4

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MEMORANDUM

DATE: February 3, 2015

Shawnee County

Department of Public Works

1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867 785-251-6101 FAX 785-251-4920

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

COUNTY ENGINEER

TO: Board of County Commissioners (Consent Agenda)

FROM: Michael M. Welch, P.E. 9ft?/f~ Civil Engineer II

RE: Acceptance of Right-of-Way CU14/06, Consolidated Rural Water District No. 2, Shawnee County Booster Pump Station, NW 54th Street and Docking Road

The Public Works Department requests your acceptance of the attached easement. Consolidated Rural Water District No.2, Shawnee County to fulfill one of the requirements ofCU14/06 has furnished the right­of-way easement.

Encl.

cc: Tom Vlach Barry Beagle File

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Easement No. _____ _ Project No. CU14/06

PERMANENT PUBLIC RIGHT-OF-WAY EASEMENT

THIS INDENTURE, made this 2. day of ~6--t..t~ , 2015 by and between CONSOLIDATED RURAL WATER DISTRICT NO. 2, SHAWNEE C NTY, KANSAS, hereinafter referred to as the Landowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.

WITNESSETH, that the Landowner in consideration of one dollar and no/1 00 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does for itself, its heirs and assigns, hereby grant, bargain, sell, and convey unto the County, a permanent public right-of-way easement for vehicular and pedestrian traffic together with the attendant customary uses, including drainage and utilities over, under, through, across, and along all the following described real estate in the County of Shawnee, and State of Kansas, to-wit:

A tract of land in the Southeast Quarter of Section 30, Township 10 South, Range 14 East of the 6th P.M., Shawnee County, Kansas, described as follows: Commencing at the Southeast corner of said Southeast Quarter; thence S90"'0'00'W (assumed bearing) along the South line of said Southeast Quarter a distance of 100.00 feet; thence N00°45'29"E parallel to the East line of said Southeast Quarter a distance of 25.00 feet to a point on the Northerly Right of Way line of N.W. 54th Street, said point also being the Point of Beginning; thence continuing N00°45'29"E parallel to said East line a distance of 15.00 feet; thence N90 "'O'OO"E parallel to the South line of said Southeast Quarter a distance of 60.00 feet; thence N00°45'29"E parallel to said East line a distance of 60.00 feet; thence N90"'0'00"E a distance of 15.00 feet to a point on the Westerly Right of Way line of N.W. Docking Roac;l; thence S00°45'29"W along said Westerly Right of Way line a distance of 75.00 feet to the intersection of the Westerly Right of Way line of N.W. Docking Road and the Northerly Right of Way line of N.W. 54th Street; thence S90"'0'00"W along said Northerly Right of Way line a distance of 75.00 feet to the point of beginning, containing 0.05 acres, more or less, subject to Easements and Right of Ways of record.

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

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

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

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Easement No.--,----,,----­Project No. CU14/06

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

CONSOLIDATED RURAL WATER DISTRICT NO.2, SHAWNEE COUNTY, KANSAS,

~

STATEOF Jb.s._,COUNTYOn:tnu)YlW} ,ss.

BE IT REMEMBERED, that on this~ day of Fekt"lA 0\.~ , 2015, before me, the undersigned, a notary public in and for the County and State afore 1d, came Randy Pelfrey, Cha1rman personally known to me to be the same person who executed the within instrument of writing, and such person duly acknowledged the execution of the same.

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

DEBBIE BEES State of Kansas

NOTARY PUBLIC M~ Appoitnment &plrlfl

Notary Public \

My commission expires: _8____J_/....:ci=--.:....4...l.,I-/_;~=-=::·:::....L.l lo~--.......................................................................................................................

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a

SHAWNEE COUNTY

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR 3137 SE 29TH ST.

PARKS~RECREATION TOPEKA, Ks 66605-1885

(785) 251-2600 [email protected]

February 4, 2015

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Director\ Parks & Recreation _)-

Execute Form CCC-858 of the United States Department of Agriculture Parks Division

Board of Commissioners approval is requested on the attached United States Department of Agriculture (USDA), Form CCC-858.

As owners of 7.4 acres of cultivated farm ground, that is part of Domwood Park, Shawnee County must elect as part of the 2014 Farm Bill a base allocation and yield update decision for Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) programs. Currently these 7.4 acres are leased to Jim Richards of Richards Farms through Contract C417-2012 on a cash rent basis. The decision between the ARC and the PLC program is essentially his decision to make as Richards Farms stands to gain or lose revenue based on circumstances of a crop loss and which program is selected. However, in order for Richards Farm to be able to select a program all owners of land that make up the farm must submit a signed copy of form CCC-858 to the Farm Service Agency.

The attached Form CCC-858 of the USDA and the associated member information, Form CCC-901, must be executed in order for Richards Farms to be able to select a program. Richards Farms are under contract with Shawnee County through 2016. There is no additional cost to the Shawnee County for this action.

JEK/lrk TB Attachment

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Th' f II bl IS orm IS ava a II e e ectromca 1v. p 1 f2 age 0

CCC-858 U.S. DEPARTMENT OF AGRICULTURE 1. Program Years: 2014 through 2018 (09-23-14) Commodity Credit Corporation

2A. County FSA Office Name and Address (Including Zip Code}

SHAWNEE COUNTY FARM SERVICE AGENCY 3231 SW VAN BUREN

BASE REALLOCATION AND YIELD UPDATE TOPEKA, KS 66611-2291

DECISION FOR 2B. County FSA Office Telephone Number 2C. County FSA Office FAX Number

AGRICULTURE RISK COVERAGE (ARC) AND (Including Area Code} (Including Area Code}

PRICE LOSS COVERAGE (PLC) PROGRAMS (785)266-9053 (855)817-5307

3. State Code ,4. County Code ,5. Farm Number 20 177 3228

NOTE: The following statement Is made In accordance with the Privacy Act of 197 4 (5 USC 552a - as amended). The authority for requesting the Information identified on this form Is 7 CFR Part 1412, the Commodity Credit Corporation Charter Act (15 U.S. C. 714 et seq.), and the Agricultural Act of 2014 (Pub. L 113-79). The Information will be used to determine eligibility to participate In and receive benefits under the Agriculture Risk Coverage Program and Price Loss Coverage Program. The Information collected on this form may be disclosed to other Federal, State, Local government agencies, Tribal agencies, and nongovernmental entities that have been authorized access to the information by statute or regulation and/or as described in applicable Routine Uses identified In the System of Records Nol/ce for USDA/FSA-2, Farm Records File (Automated). Providing the requested information is voluntary. However, failure to furnish the requested Information will result in a determination of ineligibility to participate in and receive benefits under the Agriculture Risk Coverage Program and Price Loss Coverag~ Program.

This information collection Is exempted from the Paperwork Reduction Act as specified in the Agricultural Act of 2014 (Pub. L. 113-79, Title I, Subl/tle F, Administration). The provisions of criminal and civil fraud, privacy, and other statutes may be applicable to the information provided. RETURN THIS COMPLETED FORM TO YOUR COUNTY FSA OFFICE.

THE BASE ACRE REALLOCATION AND YIELD UPDATE DECISION is made by the undersigned current owner of the farm Identified above. if FSA receives conflicting yield update or base acre reallocation requests from another current owner, all current owners will be required to resolve their dispute providing CCC with written evidence of the dispute resolution by the end of the yield up(late period or reallocation period.

' FARM BASE ACRE REALLOCATION l c

'' : . • .. ,,

0 6A.I agree to maintain the-farm's 2013 base acres D 68. I agree to reallocate base acres on the following crops, excluding cotton base on the following crops, excluding cotton acres acres, not to exceed the total base acres in effect on September 30, 2013

(see page 2 for tract designation, If applicable)

(1) Commodity (2) Base Acres (1) Commodity (2) Base Acres 6C. Tract Reallocation Method

Com 7 Corn 3.7 D (1) Crop Land 0.4 3.7 Soybeans Soybeans

D (2) Owner Designation

'.."FARM YIELD UPDATE·. l

" ' j! I'

' 7 A. I agree to use the fan'n's 2013 Counter Cyclical (CC) yield for the PLC 7B. I agree to update the PLC yield for the following crops based on 90

yield for the following crops. percent of the farm's 2008 through 2012 average yield per planted acre, excluding any year(s) when no acreage was planted.

(1) Commodity (2) CC Yield (1) Commodity (2) PLC Yield

Com 118

Soybeans 44

8. Owner's Name and Address (Including Zip Code) . )/il. (.,/ IJ~If; Cot'lll T1 f3;:) o4 ~.() OF Coc/Nl) e.-oM ."''ll r S I ~1\f ~~ '2,..00 t;;~ 71'-IJ ~ r. f/of e; /(., .4 J /U t '66 v )

9A. Signature of Owner (By) 9B. Title/Relationship of the Individual Signing in 9C. Date (MM-DD-YYYY) the Representative Capacity

)< )( )c 1 OA. Signature of CCC Representative 10B. Date (MM-DD·YYYY)

The U.S. Depattment of Agriculture (USDA} ·p!Ohlblls di$Crlmlnatlon eg1/nst Its customers, employaes, end eppllcanlll for employment on the b .. ls of race, color, national origin, age, d/$ablllty, NX, gender Identity, relglon, twprl&al, MJd whe,. epplfr:.bltl, political bellafs, marltelslatus, femUJel or parentelslerus, sexual orientation, or .U or parl of an lndlviduafslncomels derlllfld from any public e:rslstence program, or protectlld ganeUc JnfonneUon In employment or In any ptDgfltn or actMty conduclld or funded by the Department. (Not .J/ ptOhlblled bues will apply to .JI program~ end/or employment ectJvltles.) Persons With dJseb/1/0.s, who wish to file e program complaint, write to the addtwss below or If you requite alternatMt mean.s of communlcaUon for program Information (e.g., Braille, large print. audiotape, etc.) ,t.ase contact USDA .. TARGET Center at (202) 120-2600 (voice enrt TDD). lndMduals who ere deaf, hetrl of hearing, or hew speech dlsebmtlfls end wWJ to file either en EEO or program comploln4 ploo .. contact USDA lhlough U.. Fedorol Roley Soflllco ol (BOO) Bn-8339 or (BOO) IU5-6136 ~n Spom.JJ).

U you wish to tile • Civil Rights program CDmp/elnl of dlscrlmlnetlon, complet. the USDA Program Dlscrlmlnetlon Complaint Form, ~online at http:Jiwww.escr.usda.gov/Comptelnt_nttng_custhtml, or at any USDA omc.., or can (868) 632·9992 to request the form. You may also wrtte • litter containing ell ollhe Jnform1111on tequested In the fonn. Send your completed complaint form or letter by m.U to U.S. Department of Agrtcullure, Director, Office of AdjurJJcatlon, 1400 Independence AliWnue, S. w .. Washington, D. C. 20250.9410, by fax (202} 69CJ..7442 or amaH a/ program.tnr•[email protected]. USDA Is en equal opporlunlty provider and employer.

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CCC-858 (09-23-14)

. Farm Number

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This form is available electronically CCC-901 U.S. DEPARTMENT OF AGRICULTURE 1. County (03-28-14) Commodity Credit Corporation Kansas

MEMBER'S INFORMATION 2. State Agricultural Act of 2014 Shawnee

3. Program Year

2014

NOTE: I he rouowmg statement is maae m accordance with the P_nvacy Acto~ 1_974 (5 l:'".~,; ~:>2a -as amen_dt;_d). The authonty for reque~ng the intonnation id_entifled_on this fonn is 7 CFR Part1400, the Commodity Credit Corporation Charter Act (15 U.S. C. 714 et seq.), and the Agricultural Act of 2014 (Pub. L 113-79). The infonnation will be used to identify members of a legal entity. The /nfonnatlon collected on this fonn may be disclosed to other Federal, State, Local government agencies, Tribal agencies, and nongovernmental entitles that have been authorized access to the /nfonnation by statute or regulation and/or as described in applicable Routine Uses Identified in the System of Records /lbtice for USDAIFSA-2, Fann Records File (Automated). Providing the requested lnfonnation is voluntary. However, failure to fUrnish the requested lnfonnalion will result in a detennlnatlon of Ineligibility for program benefits.

This Information collection is exempted from the Paperwork Reduction Act as specified in the Agricultural Act of 2014 (Pub. L 113-79, Title I, Subtitle F, Administration). The provisions of criminal and civil fraud, privacy, and other statutes may be applicable to the lnfonnation provided. RETURN THIS COMPLETED FORM TO YOUR COUNTY FSA OFFICE.

PART A - For each individual or entity who is a member of this entity, list the member's name, social security/employer identification number, address and percentage share of ownership. If a member has both types of identification numbers, list both.

Name of Legal Entity §"tJ4~1JN~~ CovA.J "£::!- Co:np!ete Tax ID Number~ 1. . 2. 3. 4 . 5.

Member's Name SSN or Tax Address Percent Share Does this member ID Number have signature

(Last 4 digits If authority for the legal already on file) entity?

(Yes or No)

·~ ~~-1A~Jtl'W'5 (o;tJ'f'y ><87~1 xl.PD St7 17:! s-r ror~~ jq {06 % ~YES DNO ')(

I bb'O~ % DYES DNo

% DYES DNO

% DYES DNo

% DYES DNo

PART B- Embedded Entities: For any member listed in Part A, who is an entity, list such embedded entity's name and list the requested, information for each member of such entity. If a member has both types of identification numbers, list both. If more than one member, fisted In Part A is an entity, provide the requested information for each entity on supplemental sheets.

Name of Embedded Legal Entity Complete Tax ID Number -

1. 2. 3. 4. 5. Member's Name SSN or Tax Address Percent Does this member

ID Number Share have signature (Last 4 digits If -authority for the legal already on file} entity?

(Yes or No)

% DYES DNO

% DYES DNO

% DYES DNO

% DYES DNO

% DYES DNO

rne u.:s. /.Jepanment or !lgncUJcure cu:st.JA promotes atscnmmaaon agamst its customers, emptoyees, ana appucants ror emp oyment on tne oasts or race, cotor, national ongm, age, disablfity, sex, gender identity, reOgion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's Income Is derived from any public assistance program, or protected genetic lnfonnation in employment or in any fTOgram or activity conducted or funded by the Department (Not all prohibited bases will apply to all programs and/or employment activities.) Persons with disabilities, who wish to file a program complaint, write to the address below or if you require alternative means of communication for program infonnation (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). Individuals who are deaf, hard of hearing, or have speech disabiOties and wish to file either an EEO or program complaint, please contact USDA through the Federal Relay Service at (BOO} B77-B339 or (BOO} B45-6136 (In Spanish).

If you wish to file a CiVIl Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Fonn, found online at http://www.ascr.usda.gov/complalnt_filing_cust.html, or at any USDA office, or call (B66) 632-9992 to request the fonn. You may also write a letter containing all·ofthe information requested In the fonn. Send your completed complaint form or letter by mail to U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at [email protected]. USDA Is an equal opportunity provider and employer.

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' Ntit; ~t CCC-901 (03-28-14) Name of Entity (as identified in Part A): Page 2 of2 PART C -Embedded Entities: For any member listed in Part B, who is an entity, list such embedded entity's name and list the requested, information

for each member of such entity. If a member has both types of identification numbers, list both. If more than one member, listed in Part B is an entity, provide the requested information for each entity on supplemental sheets.

Name of Embedded Legal Entity Complete Tax ID Number -1. ~. 3. 4. 5.

Member's Name SSN or Tax Address Percent Does this member IDNumber. Share have signature

(Last 4 digits If authority for already on file) the legal entity?

(YesorNoi .

% DYES DNo

% DYES DNo

% DYES DNo

% DYES DNo

% DYES DNo

PART D- Embedded Entities: For any member listed in Part c, who is an entity, list sucl1 em!)edded entity's name and list ihe information for eact member of such entity. If a member has both types of identification numbers, list both. If more than one member, listed in Part C is an entity, provide the requested information for each entity on supplemental sheets.

Name of Embedded Legal Entity Complete Tax ID Number -1. 2. 3. 4. 5.

·Member's Name SSN or Tax Address Percent Does this member IDNumber. Share have signature

(Last 4 digits If authority for already on file) the legal entity?

(Yes or No)

% DYES DNo

% DYEs DNo

% DYES 0No

% DYES DNo

Part E. Minor Members or Shareholders- For any Member or Shareholder who is a minor, provide the following: Iii N/A 1. 2. 3. 4. 5.

Minor's Name Date of Birth Parenfs or Guardian's Name Parent's or Guardian's Address Parent or Guardian's SSNorTaxiD

Number (Last 4 digits if already

on file)

6. Separate Status of Minors DYES DNo (a) Is any minor a producer on a farm in which the parent or guardian has no interest?

(b) Does any minor maintain a separate household from the parent or guardian and personally carry out farming DYES DNo Activities with respect to the minor's farming operation, including maintaining separate accounting?

(c) Does.any minor who is represented by a court-appointed guardian or conservator responsible for the minor DYes QNo 1) live in a household other than the parents' household(s), and 2) have a vested ownership in the farm?

(d) If any minor with an interest in this farming operation can answer "YES" to Items 6(a}6(c), list that minor's name:

PART F- CERTIFICATION· By Signing: -I certify that I have signature authority for the entity identified in Part A and all iriformation entered on this document is true and correct -I understand that furnishing incorrect information will result in forfeiture of payments and benefits. -I will timely provide written notification to the Farm Service Agency committees for the county and State listed on this form of any changes in

the information provided 1. Representative's Signature (By) j~ Title/Kelationship of Individual Signing in the Representative 3. Date (MM-DD-YYYY)

)( y

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Date:

To:

From:

Re:

Shawnee County [3 ( Department of Public Works

1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867 785-251-6101 FAX 785-251-4920

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

COUNTY ENGINEER

MEMORANDUM

February 4, 2015

Board of County Commissioners

Thomas C. Vlach, P.E. Director of Public Works I Solid Waste

Contract with Senne Company Solid Waste Department Locker Room & Shower Renovation Shawnee County Project No. S-221001.00

The Board of County Commissioners approved the selection of Senne Company as general contractor for design I build project to renovate the Solid Waste Department Ladies and Men's Shower and Locker Room at the Shawnee County Annex on January 29th and authorized the Solid Waste Department to negotiate a contract for renovation work with Senne Company.

Presented for your consideration and approval is a contract with Senne Company in the amount of $45,000.00 for the renovation of the Solid Waste Department Locker I Shower Room.

The financial impact associated with the approval of this contract will be an expenditure in the amount of $45,000.00. No detrimental budgetary implications are anticipated as a result of the approval of this contract.

Funding Source: Solid Waste Department- Account 25SW310 50350.

The Solid Waste Department recommends that the contract with Senne Company is approved.

Attachments

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SHAWNEE COUNTY CONTRACT NO. & -2015

AGREEMENT FOR RENOVATION OF SOLID WASTE DEPARTMENT WOMEN'S and MEN's LOCKER I SHOWER ROOM FACILITY AT 1515 NW SALINE STREET,

TOPEKA, KANSAS PROJECT NO. S-221001.01

This AGREEMENT is made as of the 4th day of February, 2015, by and between the following parties, for services in connection with the Project identified below:

OWNER:

The Board of County Commissioners of the County of Shawnee, Kansas 200 SE 7th Street, Room 100 Topeka, Kansas 66603

DESIGN- BUILDER:

Senne & Company Inc. 2001 NW Highway 24 Topeka KS 66618

PROJECT NO. S-221001.01:

Renovation of Solid Waste Department, Women's Locker I Shower Facility located at 1515 NW Saline Street, Topeka, Kansas 66618 ·

In consideration of the mutual covenants and obligations contained herein, Owner and Design­Builder agree as set forth herein.

ARTICLE 1 Scope of Work

1.1 Design-Builder shall complete all Work as specified or indicated in this Agreement Document: Renovate existing Women's shower room to provide new locker room facility. Women's locker room shall include provisions for one (1) new lavatory, one (1) new ADA toilet, one (1) new ADA shower and dressing area with minimum four (4) lockers. Also included is installation of new exhaust fan and associated electrical. Work shall include all necessary demolition and new construction required, including but not limited to: construction of new masonry partition(s) to segregate space into, shower area, and dressing area; doors and hardware, toilet partitions and accessories, mechanical and electrical. Existing room and floor finishes shall be updated. Men's locker room shall include updated wall finishes, installation of motion sensor flush devices on urinals and toilets and new exhaust fan and associated electrical.

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ARTICLE2 Agreement Time

2.1 The work will commence with an issuance of a Construction Work Order by the Owner on February 11, 2015 and be substantially completed on or before March 20, 2015 and completed and ready for final acceptance and payment on or before March 30, 2015.

2.2 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates herein set forth.

ARTICLE3 Agreement Price

3.1 For the services covered by this AGREEMENT, The Owner agrees to pay the DESIGN­BUILDER a Lump Sum Fee in the amount of Forty Five Thousand Dollars and NO Cents ($45,000.00). Payment shall be made monthly in amounts which are consistent with the amount of work provided, as determined by the Owner.

4.1 Progress Payments.

ARTICLE4 Procedure for Payment

4.1.1 Design-Builder shall prepare and submit electronically to Owner a Pdf file for review and signature an Applications for Payment covering the Work completed as of the date of the Application and accompanied by such supporting documentation as required.

4.1.2 Owner shall make payment to the Design-Builder within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment, less retainage.

4.2 Retainage on Progress Payments

4.2.1 Owner will retain five (5%) of each Application for Payment

4.3 Final Payment. Design-Builder shall submit its Final Application for Payment to Owner including any retainage held following final inspection and acceptance of all completed work. Owner shall make payment on Design-Builder's properly submitted and accurate Final Application for Payment within 30 days after Owners' receipt of the Final Application for Payment.

ARTICLES Termination Or Suspension

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5.1 Termination by the Design-Builder

5 .1.1 If the Owner fails to make payment under this Agreement for a period of thirty (30) days after the payment is due, the Design-Builder may, upon seven (7) additional days written notice to the Owner, terminate the Agreement and recover from the Owner payment for work executed and for proven loss with respect to labor, materials, equipment, tools, and construction equipment and machinery applicable to the Project.

5.2 TERMINATIONBYTHEOWNER

5 .2.1 The Owner may terminate the Agreement if the Design-Builder:

5.2.1.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;

5.2.1.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Design-Builder and the Subcontractors;

5.2.1.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction;

5.2.1.4 fails to follow the decision or direction of the Owner regarding the work; or

5.2.1.5 otherwise is guilty of substantial breach of a provision of the Agreement Documents.

5.2.2 When any of the above reasons exists, the Owner may, without prejudice to any other remedy the Owner may have and after giving the Design-Builder seven (7) days written notice, terminate the Design-Builder and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Design­Builder and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Design-Builder, the Owner shall furnish to the Design-Builder a detailed accounting of the costs incurred by the Owner in finishing the Work.

5.2.3 When the Owner terminates the Agreement for one of the reasons stated in Section 6.2.1, the Design-Builder shall not be entitled to receive further payment until the Work is finished.

5.2.4 If the unpaid balance of the Agreement Sum exceeds costs of finishing the Work, including other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Design-Builder. If such costs and damages exceed the unpaid balance, the Design­Builder shall pay the difference to the Owner. The amount to be paid to the Design-Builder or

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Owner, as the case may be, and this obligation for payment shall survive termination of the Agreement.

ARTICLE6 Labor and Materials

6.1 Unless otherwise provided in the Agreement Documents, the Design-Builder shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, transportation, permits, insurance and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

6.2 The Design-Builder shall enforce strict discipline and good order among the Design­Builder's employees and other persons carrying out the Agreement. The Design-Builder shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

6.3 The Design-Builder shall deliver, handle, store, and install materials in accordance with manufacturers' instructions.

6.4 The Design-Builder may make substitutions only with the consent of the Owner and in accordance with a Change Order.

ARTICLE7 Warranty

7.1 The Design-Builder warrants to the Owner that materials and equipment furnished under the Agreement will be of good quality and new unless otherwise required or permitted by the Owner, that the Work will be free from defects not inherent in the quality required or permitted. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The warranty period shall be as stated in the attached proposal documents incorporated herein.

ARTICLES Permits, Fees and Notices

8.1 The Design-Builder shall secure and pay for the building permit and other permits and governmental fees, licenses, and inspections necessary for proper execution and completion of the Work.

8.2 The Design-Builder shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities applicable to performance of the Work. The Design-Builder shall promptly notify the Owner if the Drawings and Specifications are observed by the Design-Builder to be at variance therewith. If the Design-Builder performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Owner, the Design-Builder shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction.

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ARTICLE9 Use of Site

9.1 The Design-Builder shall confine operations at the site to areas necessary to complete the work and shall not unreasonably encumber the site with materials or equipment. Any work shall be done, as much as possible, in a way to minimize the disruption of the use of the facility by the Owner. The Design-Builder shall promptly notify the Owner in the event the Design-Builder believes any necessary work might cause a disruption of the use of the facility by the Owner.

9.2 Cutting and Patching

9.2.1 The Design-Builder shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly.

9.3 Cleaning Up

9.3 .1 The Design-Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Agreement. At completion of the Work, the Design-Builder shall remove from and about the Project waste materials, rubbish, the Design-Builder's tools, construction equipment, machinery, and surplus material.

9.4 Access to Work

10.4.1 The Design-Builder shall provide the Owner access to the Work in preparation and progress wherever located.

ARTICLE 10 Indemnification

10.1 To the fullest extent permitted by law the Design-Builder shall indemnify and hold harmless the Owner, Owner's agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Design-Builder, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder.

10.2 In claims against any person or entity indemnified under this Section by an employee of the Design-Builder, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be

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limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Design-Builder or Subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts.

11.1 Resolutions ofDisputes

ARTICLE 11 Claims and Disputes

11.1.1 Claims, disputes, and other matters in question arising out of or relating to the Agreement that are not resolved by written agreement of the parties, shall be decided in the District Court of Shawnee County, Kansas in accordance with the laws of the State ofKansas.

ARTICLE 12 Changes In The Work

12.1 The Owner, without invalidating the Agreement, may order changes in the Work within the general scope of the Agreement consisting of additions, deletions, or other revisions, the Agreement Sum and Agreement Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner and Design-Builder, or by written Construction Change Directive signed by the Owner.

ARTICLE 13 Insurance and Bonds

13.1 The Design-Builder shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Design-Builder's operations under the Agreement, whether such operations be by the Design­Builder or by a Subcontractor or anyone directly or indirectly employed by any of them. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner.

13.2 Property Insurance

13.2.1 Unless otherwise provided, the Design-Builder shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance on an "all-risk" policy form, including builder's risk, in the amount of the initial Agreement Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Agreement Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment

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has been made as provided in Section 14.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 16.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Design-Builder, Subcontractors and sub-subcontractors in the Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least thirty (30) days' prior written notice has been given to the Design-Builder.

13.3 Bonds

13.3.1 The Design-Builder shall purchase and maintain, in a company or companies lawfully authorized to do business in Kansas, a statutory public works payment bond meeting the requirements of K.S.A. 60-1111. Design-Builder shall provide copies of the required statutory public works payment bond to Owner prior to commencement of work.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written.

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Senne & Company Inc. - Design-Builder

By: Mike McGivern

Title: President

A~proved as to Legality and Form: Date z_~ S- 'r

- - -~ (-==:;: ·\~- •• 'W~• ~'-w/~.f~=~:..,.(

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Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C'-----

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated Into the coll!raet ty~ It Is atta~£t' thereof, said contract being dated the day of , 201_.

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

2. AGREEMENT WtTH KANSAS LAW. lt is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in lllld before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any other states or country. All contl'actual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas,

3. TERMINATION DUE TO LACK OF FUNDING API'ROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, ln the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds arc 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 cun"Cnt fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days pl'ior to the end of its cutrent fiscal yeat·. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incutred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LlABILITV. Neither the County of Shawneo nor any department thereof shall hold harmless or indemnify any contractor for any liability whatsoever.

5. ANII-DISCRlMINAIION CLAU§E. The con!rllclol' 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 bllCause of rnco, religion, colol', sex, disability, national origin or ancestry, or age in the admission of access to or !1-ealment or employment in, its programs or activities; (b) to include in all solicitations or advert!semen1S for employees, the phrase "equal opportunity cmploye1''; (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 purchaso order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the repot'ling rcquit"Cments of (c) above or if the contractor is found guilty of any violation of such nets by the Kansas Human Rights Commission, such violation shall constitute a breach of COJltract; (!) if the contracting agency dctemllm:s 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, tctminated or suspended in whole or in part by the County. Pal'!ics 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 witll the County totals $5,000 or less during this fiscal year.

900

6. AccEPTANCE Oll CONTRACT. This contract shall not be considered accepted, approved or otherwise effective until the required approvals nnd certifications have been given and this is signed by the Board of

County Commissioners of the County of Shawnee, Kansas.

7. ARlliTRATION, DAMAGES, WARRANT1ES. Notwithstanding any language to the contrary, no interpretation shall be allowed to find the CO\mty has agt·eed to binding arbitration, or the payment of damages or penalties upon the occun-ence of a contingency. Further, the County shall not agree to pay attomey fees and late payment charges; and no provisions will be given effect which allempts to exclude, modicy, disclaim or otherwise attempt to limit implied warranties of merchanmbility and fitness for a particular purpose.

8. REPRESENTATIVE'S AUTHORITY TO CONTRACT. By signing this document, the representative of the contractor thereby represents that such p~t·son is duly authorized by the contractor to execute this document on behalf of the contractor atld that the contractor agrees to be hound by the provisions thereof.

9. RESPONSIBILITY FOR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, stale or local taxes which may be imposed or levied upon the subject matter of this contract.

l 0. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal properly 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 tho provisions of the Kansas Tort Claims Act (K.S.A. 15· 6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

VEND=~~~?~ / • ·

~ By:

Title:

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chair

Date:

ATIEST:

Cynthia A. Beck, Shawnee County Clerk

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Date:

To:

From:

Re:

Shawnee County B ;) Department of Public Works

1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867 785-251-6101 FAX 785-251-4920

MEMORANDUM

February 4, 2015

Board of County Commissioners

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

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

COUNTY ENGINEER

Sole Source Purchase - Tractor Engine Replacement

The Shawnee County Department of Public Works (SCDPW) requests approval of a sole source purchase of a complete, reconditioned engine for one of the department's tractors in order to eliminate the need to replace the entire tractor unit. (See attached "Prior Authorization Form" for additional information, and which was reviewed and approved by the Audit-Finance Department.) The engine will be installed by Public Works mechanics.

The cost to Shawnee County will be a total of $13,000.00. No detrimental impacts to the SCDPW budget are anticipated as a result of the approval of this agreement.

Funding for this repair will come from the SCDPW Equipment Maintenance Fund (Account No. 10PW128 50220)

Shawnee County residents will benefit from the approval of this request in that SCDPW will be able to continue utilizing this piece of capital equipment to provide vital road maintenance tasks for much less than the cost of replacement.

It is recommended that approval of this request be granted.

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PRIOR AUTHORIZATION FORM

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

Acquisition in the amount of $ 13,000.00 is requested for:

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

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

Vendor: KanEquip

Address: 2901 NW. Hwy. 24 Topeka, Kansas

Has the vendor ever been an employee of the Shawnee County? Yes No X If yes, please explain the nature of the employment and period of service.

1. Description of Material or Service: This request is for the purchase of a complete reconditioned engine for Unit #3471 mower tractor which we will be installed by Public Works staff. The body of the tractor seems to still be in satisfactory condition so, instead of purchasing a complete new tractor at a cost of $80,000-$100,000, we believe it will be much more cost effective to replace the engine at the cost noted above.

2. Sole source only - Explain why the recommended vendor is the only one qualified to provide the requested services at the exclusion of all others, i.e., what makes this vendor uniquely qualified? The tractor in question is a New Holland tractor. KanEquip is the only New Holland dealer in the area to provide this engine for our tractor.

3. Sole source only - Describe the research that has been completed to insure that no other competition exists (nature of work to be completed, names of vendors contacted who are unable to perform service, etc.)Once again KanEquip is the only New Holland dealer in the area to supply the parts needed.

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

5. Funding will be paid from Account #10PW128 50360

Department Name: Public Works Telephone: 785-233-7702 ex 6066

Agency Approval:Todd Nettleton:Asst Fleet Su ervisor Public Waste

Tom Vlach: Director Public Works/Solid Waste

Date: 10-27-2014 (Signature and Title)

Prl.RCBASING USE ONLY

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'{( '5 31 •• NEW HOLLAND

~ ,'! • l 1, r [ ~) ~ n I - - .

CONSTRUCTION

;,LO I !:J

KanE9~}.~ 2901 NW Hwy. 24 P.O. Box 8569

h Topeka, KS 66618 Topeka, KS 66608 785-267-9200 o TOLL FREE: 888-273-9990

Fax: 785-267-3139

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e-mail: [email protected] o Web: www.kanequip,oom . '·

SHAWNEE CO PUBLIC WORKS 1515 NW SALINE ST TOPEKA KS 66618-2838

SHAWNEE' CO PUBLIC WORKS 1515 NW SALINE ST TOPEKA KS 66618-2838

3±:'641( WORK: 785-233-7702 CELL: 785-640-6697

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87801399C 1800.00

RECEIVED .JAI·~ 1 5 Z 015

SHAWNEE COUNTY PUBLIC WORKS

· Pur aser is engaged or ranching & certifies farm equipment, parts, and service purchased will be used exclusively for farming or ranching production purposes. If this is not true I will be liable for tax and penalty.

SIGNATURE -------------------------------------INVOICE NO. 6-206720 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll

* * THANK YOU FOR YOUR BUSINESS * * ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS INVOICE

*Designates Tax Applied to This Item

Page 41: BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, … · 2/9/2015  · design/build project to renovate the Solid Waste Department ladies and men's shower and locker room at the Annex

2

SHAWNEE COUNTY

PARKS~RECREATION

February 3, 2015

To:

FROM:

Board of Commissioners Shawnee County

John E. Knight, Director~ Parks & Recreation ~

SHAWNEE COUNTY /II PARKS&RECREATION G

JOHN E. KNIGHT DIRECTOR

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

(785) 251-2600 jolm.knight@snco. us

RE: Solicit Bids/Proposals - Parks and Recreation Operations Administration Division

Board of Commissioners approval is requested to solicit bids and/or proposals for the purchase of supplies and equipment necessary for the operation of Parks and Recreation programs and facilities.

The items likely to be bid or solicited may include: uniform shirts, concession supplies, summer camp supplies as required by KDHE, aquatic chemicals for water quality control, aquatic staff swim suits, photography services for youth sports, grass seed, turf fertilizer, herbicides, road maintenance materials and parkland supplies such as trash cans, benches, etc. Parks and Recreation supervisory staff met with the Audit-Finance Department and through their recommendation, the department will solicit bids and/or proposals to comply with Shawnee County Purchasing Resolution guidelines. The bids and/or submissions will be reviewed by staff and be presented to the Board of Commissions for your award of bids or approval of negotiated agreements.

The benefit to the County, primarily Parks and Recreation personnel, is the elimination of numerous individual requests to the Board of Commissioners for permission to solicit bids for items which we know that in all likelihood will need to be purchased at some point throughout the 2015 year. Approval of this request does not absolve the department of the fiscal responsibility of remaining within budget parameters. No purchases will be authorized unless there are sufficient funds available in the Parks & Recreation budget.

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