board of county commissioners agenda thursday, july … · 7/7/2016 · 2. the california clinic...
TRANSCRIPT
BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, JULY 7, 2016, 9:00 A.M.
COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS
II. UNFINISHED BUSINESS
1. Public Hearing and consider approval of Resolution No. 2016-46 authorizing the sale of the California Clinic to GraceMed Health Clinic, Inc. for $1,500,000.00--Commissioner Buhler.
III. CONSENT AGENDA
1. Consider approval of request to pay invoices in a total amount of $1,686.67 from the Diversion Fund account-District Attorney.
2. Acknowledge receipt of the legal advertising rate for the Topeka Capital Journal effective July 1, 2016-County Clerk.
3. Acknowledge receipt of the legal advertising rate for the Topeka Metro News effective July 1, 2016-County Clerk.
4. Acknowledge receipt of communication from Cox Cable regarding channel changes effective August 2°d, 2016-County Clerk
IV. NEW BUSINESS
A. COUNTY CLERK - Cynthia Beck
1. Consider all voucher payments.
2. Consider correction orders.
B. EXTENSION COUNCIL - Cindy Evans
1. Consider approval of the 2017 Operating Budget from the Shawnee County Extension Council.
C. DISTRICT COURT - Charles Hydovitz
1. Consider approval of request to use the basement snackbar to hold a mini job fair as part of Amnesty Day on August 12, 2016.
D. HUMAN RESOURCES - Jim Crowl
1. Consider authorization and execution of Contract C208-2016 with Sungard to add two additional "modules" to the County's OneSolution IFAS upgrade project at a cost of$27,420.00 which is contained within the project fund.
2. Consider recommendation to accept a report of the Administrative Review Committee and consider scheduling a public hearing on July 21, 2016 regarding a tax exemption for Big Heart Brands.
3. Consider recommendation to accept a report of the Administrative Review Committee and consider scheduling a public hearing on July 21, 2016 regarding a tax exemption for HME, Inc.
E. CORRECTIONS - Brian Cole
1. Consider out-of-state travel for an employee to attend a training seminar in Kansas City, MO at a cost of $1,600.00.
F. PARKS+ RECREATION-John Knight
1. Consider authorization and execution of Contract C210-2016 with Mid-America Courtworks of Wichita for the resurfacing of the tennis courts at Kossover Tennis Center, Felker Park, 2540 SW Gage Blvd., at a cost of$107,380.00.
2. Consider authorization and execution of Contract C211-2016 with Fun Flicks KS for equipment and an outdoor movie for a "movie under the stars" special event on July 30, 2016 at Bettis Family Sports Complex at a cost of$629.00.
3. Consider authorization and execution of Contracts C212-2016 through C214-2016 with Jarrod Guth, Luke Broxterman, and Josh Hoover to provide music entertainment on July 30, 2016 at Old Prairie Town's Summer Sunset Concert at a cost of$75.00 per session each.
G. ADMINISTRATIVE SERVICES - Betty Greiner
1. Consider authorization and execution of Contract C209-2016 with Patricia Shaughnessy, CPC, for part-time services as a medical coder to support the transition of the Shawnee County Health Agency Community Health Center through August 31, 2016 at a rate of$22.00 per hour for up to ten hours per week.
2. Consider approval of Resolution No. 2016-47 which establishes the change drawer funds with the only change being the addition of two cash drawers for the Midwest Health Aquatic Center-Commissioner Buhler.
H. PUBLIC WORKS-Tom Vlach
1. Consider approval of request to fill a vacant Road Maintenance staff position at a salary of $42,995.89 including benefits.
V. ADMINISTRATIVE COMMUNICATIONS
1. Discussion of 2017 budget.
VI. EXECUTIVE SESSIONS
BUDGET HEARINGS
10:30 1:00 2:00 3:00
Register of Deeds Public Works/Solid Waste Planning Appraiser
• Shawnee County
Office of County Counselor RICHARD V. ECKERT County Counselor
Shawnee County Courthouse 200 SE 7th St., Ste. 100
Topeka, Kansas 66603-3932 (785) 233-8200 Ext. 4042
Fax (785) 291-4902
MEMORANDUM
TO:
FROM:
DATE:
RE:
Board of Shawnee County Commissioners il,..,..
r l__)v Ashley R. Biegert, Assistant Shawnee County CounselorL\,·
July 27, 2016
Sale of California Clinic to GraceMed Health Clinic, Inc.
Please place this item on the Thursday, June 30, 2016 Agenda under Commission, for a First Reading.
As you are aware, on June 9, 2016, GraceMed was awarded the 330 federal grant funds for operation of a Federally Qualified Health Center (FQHC) in Shawnee County. Thus, attached is a resolution to transfer the real estate commonly known as the California Clinic, located at 2025 SE California Ave., Topeka, Kansas 66607, to GraceMed Health Clinic, Inc.
K.S.A. 19-211 provides the procedure for the sale or disposition of county property and section (b)(l) provides an alternate methodology that must contain a procedure for the notification of the public, a description of the property and a method of sale which allows public participation. Thus, a first reading of the resolution may be had on June 30, 2016 and a public hearing may be held on July 7, 2016 allowing the public to participate.
If you have any questions or concerns, please do not hesitate to contact me.
i
RESOLUTION NO. 2016-4(,o
A RESOLUTION SELLING PROPERTY TO GRACEMED HEALTH CLINIC, INC.
Sponsored By Commissioner Buhler
WHEREAS, on June 9, 2016, the United States Department of Health and Human Services, Health Resources and Services Administration ("HRSA") awarded federal funding pursuant to Section 330 of the Public Health Service Act (42 U.S.C. § 254b) ("Section 330 Grant") to GraceMed Health Clinic, Inc. ("GraceMed") for the purposes of operating a Federally Qualified Health Center (FQHC) in Shawnee County; and
WHEREAS, on July 1, 2016, GraceMed will assume all operations of the FQHC currently being operated by the Shawnee County Health Agency - Community Health Center; and
WHEREAS, Shawnee County owns certain real property located at 2025 SE California Ave., Topeka KS, 66607 ("California Clinic") utilized for operation of the FQHC; and
WHEREAS, Shawnee County wishes to transfer the California Clinic to GraceMed as of July 1, 2016 at a fixed price as described below; and
NOW, THEREFORE, the Board of County Commissioners of the County of Shawnee, Kansas, meeting in regular session this day of , 2016, does hereby resolve as follows:
1. K.S.A. 19-21 l(b)(l) provides that, in lieu of following the procedures established in K.S.A. 19-211(a) for the sale or disposition of county property, a county commission may adopt a resolution establishing an alternate methodology for the disposal of property which shall contain, at a minimum, procedures for: (A) notification of the public of the property to be sold; (B) describing the property to be sold; and (C) the method of sale, including, but not limited to, fixed price, negotiated bid, sealed bid, public auction or auction or any other method of sale which allows public participation.
2. The California Clinic is owned by the Board of County Commissioners of Shawnee County, Kansas and is located at 2025 SE California Ave., Topeka, Kansas 66607 with a legal description as follows:
Lots 12, 13 and 14, EXCEPT the East 20 feet thereof, California Acres Subdivision, in the City of Topeka, Shawnee County, Kansas
3. Shawnee County resolves to sell its right, title and interest in the real estate commonly known as California Clinic and described above, to GraceMed, at a fixed price for the sum total of One Million Five Hundred Thousand and N0/100 Dollars ($1,500,000.00), and in exchange for GraceMed's continued operation of an FQHC in Shawnee County. The California Clinic will be sold on contract to GraceMed over the course of five years, at the expiration of which a general warranty deed will issue.
4. A public hearing was held on July 7, 2016, allowing for public participation. Notice of this hearing was published in the official County newspaper and provided all interested parties with ample opportunity to be present at the hearing to discuss the proposed sale of the property.
ATTEST:
Cynthia A. Beck, Shawnee County Clerk
BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS
Michele A. Buhler, Chair
Robert E. Archer, Vice-Chair
Kevin J. Cook, Member
2
:1zz __ _ OFFICE OF THE DISTRICT ATTORNEY 1
THIRD JUDICIAL DISTRICT OF KANSAS -/-
Chadwick J. Taylor, District Attorney
MEMORANDUM
TO:
FROM:
Board of County Commissioners
Chadwick J. Taylor, District Attorney
June 29, 2016 DATE:
RE: Request for Diversion Fund Payments
The District Attorney's Office wishes to pay the following invoices from their Diversion Fund account:
1) Clayton Paper & Distribution, Inc. for copy paper a) Invoice No. 94898 dated June 20, 2016 in the amount of $154.50
2) Clerk of Court, Pottawattamie County, Iowa for copies of certified records a) Invoice dated June 23, 2016 in the amount of $5.00
3) Hoff, Shawn for transcript fees a) Invoice dated June 15, 2016 in the amount of $24.50
4) Independent Stationers for office supplies. a) Invoice No. 594553 dated June 23, 2016 in the amount of $85.53 b) Invoice No. 594782 dated June 28, 2016 in the amount of $389.57
5) LindySpring Systems for monthly water service a) Invoice No. 1033822 dated May 24, 2016 in the amount of $40.60 b) Invoice No. 1030291 dated June 9, 2016 in the amount of $75.40 c) Invoice No. 1036816 dated June 20, 2016 in the amount of $2.61 d) Invoice No. 1038782 dated June 20, 2016 in the amount of $10.00 e) Invoice No. 1038783 dated June 20, 2016 in the amount of $10.00
6) Olsen, Jennifer for transcript fees a) Invoice No. 2016-15 dated June 27, 2016 in the amount of $164.50
7) Thomson West for monthly Westlaw ClearPlus [Approved by the BCC on 12/22/14] a) Invoice No. 833915182 dated May 1, 2016 in the amount of$276.46
8) Tyree, Latoya for transcript fees a) Invoice No. 100 dated June 22, 2016 in the amount of $448.00
The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above itemized invoices, in the total amount of $1,686.67, to be paid from the Diversion Fund account.
Shawnee County Courthouse 200 SE 7th Street, Suite 214 • Topeka, Kansas 66603 • (785) 251-4330
Sold To SHAWNEE COUNTY 200 SE 7TH STREET PURCHASING B-27 TOPEKA KS 66603
PAPER AND DISTRIBUTION 1302 S. 58th. Street ST.JOSEPH. MO 64507 www.claytonpaper.com
Ship To OJSTRICT ATTORNEY'S 20Q SE 7TH TOPEKA KS 66603
INVOICE Phone 816-36~220 Fax 816-364-0086
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Terms & Conditions All claims must be made within 5 days. Amounts over 60 days past d~e are subject to 1.5% monthly service charge. If account is placed·with collection. bu er is res onsible for all fees.
Pay By 07/20/2016 Writer: AO
Merchandise Freight Misc Charges Sub Total Taxable Tax CTSE>
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$154.50
Date
6/23/2016
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TO: Clerk of Court, Pottawattamie County
PO Box476
Council Bluffs, IA 51502·0476
Invoice for
Quantity Description Amount
FAXED $5.00
'
' Total $5.00
Bill to: Shawnee County Courthouse
Please Remit To Address Above ATIN: Merri Christensen
1~ a~£ ~~318 08 110d P0L9-8Z£-Zl:L
ndependent Stationers 1.0. Box 677426 IALLAS, TX 75267
'hone : 877-872-8599
Bill To: Shawnee County 200 SE 7th St TOPEKA, KS 66603
Customer PO#:
Invoice IN-000594553 Customer Account ........... : Invoice Date ..................... : 6/23/2016 Sales Order .................... : S0-000598368 Order Date ....................... : 6/23/2016 Payment Terms ............... : Net 30 days Contact Name .................. :·· Contact Phone ................. : , vo..1-,:...., ,-.. ..,ov
Page ................................ : 1 of 1 Payment Method .............. : Check
Ship To: District Attorney 200 SE 7th Room 214 Topeka, KS 66603
em Number _D_es_c_ri.._pt_io_n __________ UOM 9.!L _B_ill_in=g_C_o_de_~-- Price Extended
$85.53 1EFCM2G442FI CHAIRMAT,46X60,EVRPET,CLR EA Line comments: For Jorc;lan Harris on JV sisde
To ensure· proper credit, please attach this portion and return with payment. Be sure customer number is written on check.
Please remit payment to: Independent Stationers P.O. Box 677426 DALLAS, TX 75267
Sub-Total: Freight:
Sales Tax: Total:
Deposit: Amount Due:
$85.53
$85.53 $0.00 $0.00
$85.53 $0.00
$85.53
Invoice#: IN-000594553 Total Amount Due : $85.53
Customer Name: Shawnee County
Customer Account#: . __ _ Invoice Due Date : 7/23/2016
Thank you for your Business!
If you are paying by credit card, then no balance is due at this time. Thank you.
ndependent Stationers '.0. Box677426 IALLAS, TX 75267
'hone : 877-872-8599
Bill To: Shawnee County 200 SE 7th St TOPEKA, KS 66603
Customer PO #:
em Number
ILE101243 OC1503244 :AC82159 EL00011 1WH04648 ,NS69210L INV83410 ;MD34276 ;MD25140
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Description
WATER,SPRING,.5 LTR GLUE,SUPER,POWER EASY,CLR WIPES,DISINF,LL,35CT-3PK BOX,STOR,12X10X24,CTN12 COFFEE,REG,MAXWELL,30.60Z GLOVES,CONFORM XT,LGE,CLR TAPE,.75X1000 6ROL/PK,CR FOLDER,EXP,2FSTNR,LTR,MLA FOLDER,EXP,2FSTNR,L TR,GN
To ensure proper credit, please attach this portion and return with payment. Be sure customer number is written on check.
Please remit payment to: Independent Stationers P.O. Box 677426 DALLAS, TX 75267
UOM .9!L__
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Invoice IN-000594782 Customer Account .......... . Invoice Date ..................... : 6/28/2016 Sales Order .................... : S0-000598595 Order Date ....................... : 6/28/2016 Payment Terms ............... : Net 30,days Contact Name.................. .. ·· - · Contact Phone ................... vv-,v ,--.v~-Page-................................ : 1 of 1 Payment Method .............. : Check
Ship To: District Attorney 200 SE 7th Room 214 Topeka, KS 66603
Billing Code Price Extended
$6.55 $4.48
$11.42 $98.45 $16.80 $26.90 . $3.66 $61.20 $27.37
Sub-Total: Freight:
Sales Tax: Total:
Deposit: Amount Due:
$6.55 $4.48
$11.42 $98.45 $33.60 $26.90
$3.66 $122.40
$82.11
$389.57 $0.00 $0.00
$389.57 $0.00
$389.57
Invoice#: IN-000594782 Total Amount Due : $389.57
Customer Name: Shawnee County
Customer Account#: Invoice Due Date : 7/28/2016
Thank you for your Business!
If you are paying by credit card, then no balance is due at this time. Thank you.
ADDRESS SERVICE REQUESTED
1 AV *A-01-0S7-AM-00599-3
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DISTRICT ATTNY OFFICE 200 SE 7TH ST STE 214 ~ TOPEKA KS 66603-3933 9
If paying by Credit Card, please complete this section AMOUNT ~ !Aliiiiil CARD NUMBER
D~D~1--~~~~~~~~~~-1--~s1GNATURE EXP.DATE
CARDHOLDER NAME (Please Print)
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TERMS: Payment Due Upon Receipt
Amount$ i::nclosed
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Balance Forward 318, 2L 05/24/2016 1033822 5 Gal Lindyspring (Delv) 7.00 40.60 05/24/2016 1033822 INVOICE TOTAL 40.6( 05/31/2016 PAYMENT 173.49 -173 .4~ 06/09/2016 1030291 5 Gal Lindyspring (Delv) 13.00 75.40 06/09/2016 1030291 INVOICE TOTAL 75 .4( 06/20/2016 1036816 Late Fees 1.00 2. 61 06/20/2016 1036816 _INVOICE TOTAL 2 .61 06/20/2016 1038782 Hot/Cold Rental 1.00 10.00
-06/20/2016 1038782 INVOICE TOTAL 10 .0( 06/20/2.016 _ 1038783. Hot/Cold Rental - 1 .00 -10.--00 06/20/2016 -1038783. -~NVOICE TOTAL - 10 ;QC
THl~TY DAYS OVERDUE
LINDYSPRING BOTTLED WATER -~ 115 NW VAN BUREN ST
_ - - TOPEKA KS 66603-3315
LIND Sp-RINB· (785) 234.5551 (785) 234.3478 Fax ' . (866) 234.7659 -
S Y S T E M. S [email protected]
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Nexf De_livery: ·06/23/2016
Go paperless! We now offer eStatements and automatic bill pay. Please call the office for more information.
1 AV *A-01-0S7-AM-00599-3
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INVOICE # 833915182
DESCRIPTION
WEST INFORMATION CHARGES
IIIPORTANT NEWS
SHAWNEE COUNTY DISTRICT ATTORNEY 200 SE 7TH ST TOPEKA KS 66603-3922
WEST INFORMATION CHARGES INVOICE APR 01, 2016 - APR 30, 2016
CHARGE.
IN USD
276.46
TAX IN USD
0.00
hank you for your business. For more information about us, or your account, please visit us on the web at ,galsolutions. t homsonreuters. com LEASE MAKE CHECKS PAYABLE TO: THOMSON REUTERS-WEST PUBLISHING CORP.
mR BILLING INFORMATION CALL
1-800-328-4880
NVOICE #
NVOICE DATE
<\CCOUNT #
VENDOR#
VAT REG#
. \MOUNT DUE IN USD
DUE.DATE
833915182
05/01/2016
41-1426973
EU826006554
276.46
05/31/2016
\MOUNT ENCLOSED IN USD ___ _
'!000346770
REfURN BOTTOM _PORTION WITH PAYMENT
Thomson Reuters - West Payment Center P.O. Box 6292
WEST INFORMATION CHARGES APR 01, 2016 - APR 30, 2016
Carol Stream, IL 60197-6292
SHAWNEE COUNTY DISTRICT ATTORNEY 200 SE 7TH ST TOPEKA KS 66603-3922
. 0833915182 OOOOOODOOOOOOOOOOOOOOO 20160501 ZCPG 000027646 0010 1000346770 7
PAGE 1
TOT AL CHARGE
IN USD
276.46
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Shawnee County
Office of County Clerk CYNTHIA A. BECK
785-251-4155
o(_
Fax 785-251-4912 200 SE ih Street Room 107 www.snco.us Topeka, Kansas 66603-3963
MEMORANDUM
TO: Board of Co~nsl:.Jcommissioners
c~~ Cynthia A. Beck, County Clerk FROM:
DATE: June 30, 2016
RE: Topeka Capital-Journal Legal Advertising Rate
Please acknowledge receipt of the legal advertising rate for The Topeka Capital-Journal effective July 1, 2016.
Thank you.
CAB/kko
Attachment
June 30, 2016
Cynthia A. Beck Shawnee County Clerk 200 SE J1h Topeka, KS 66603
Dear Ms. Beck,
In accordance with K.S.A. 28-137(b) we are submitting legal rates.
The rate for legal advertising in The Topeka Capital-Journal is $2.30 per line, per day which is consistent for our rate for all legal advertising. The cost per line will be reduced based on total linage published within a 12 month period.
In addition to printing the legal notices in the newspaper, all legal notices will be available through the classified advertising site of www.cjonline.com, an award-winning website, which receives nearly 9 million page views per month, outside our paywall giving all citizens complete free access to the legal notices.
The combined household penetration, within Shawnee County, of the print and digital editions of The Topeka Capital-Journal and cjonline.com is nearly 75%.
The Topeka Capital-Journal is also affiliated with www.legalnotice.org, a national website giving quick and easy access to legal notices posted throughout the country.
These websites will provide a secondary means of delivering the legal notices to the public and ensuring the county's commitment to the transparency of open government.
Sincerely,
Zach Ahrens President & Publisher 616 SE Jefferson Street, Topeka, KS 66607 (Direct) 785-295-1115 [email protected]
ID) [E ~ [E ~ \W [E rm ut1; JUN 3 0 2016 l[W SHAWNEE COUNTY CLERK
:IIC-Shawnee County 3
Office of County Clerk CYNTHIA A. BECK
785-251-4155 Fax 785-251-4912 200 SE 7th Street Room 107 www.snco.us Topeka, Kansas 66603-3963
MEMORANDUM
TO:
FROM:
DATE:
RE:
Board of Co~:~ommissioners
Cynthia A.C~~~County Clerk
June 30, 2016
Topeka Metro News Legal Advertising Rate
Please acknowledge receipt of the legal advertising rate for The Topeka Metro News effective July 1, 2016.
Thank you.
CAB/kko
Attachment
IJb/c::t/CIJlb 14::,1 rAI\
The Topeka Metro News P.O. Box: 1794 Topeka, KS 66601-1794
County Clerk 200 S.E. 7th St., Rm. 107 ~opeka, KS 66603
Dear County Clerk:
~001/001
FAXED TO: 785-251-4912
June 29, 2016
Pursuant to :K.S.A. 28-137, we hereby inform you of the rate for legal advertisements (publio notices) appearing in The Topeka Metro News e££ective July l, 2016. The stanoard, non-contract rate is $1.38 per typeset line if the notice is received in electronic text format, or $1.58 per line if typesetting is necessary. Contract rates of $125.00, $128.00, SlS0.00, $175.00, or $238.00 per notice shall be charged to certain non-government clients. Contract rates of 50¢ per line or 72¢ per line shall be charged to ~ertain government entities. For cities of less than 5,000 in population, a rate of $67,41 per page (8-1/2H x 11") shall be ch~rged if scanning is necessary, and a rate of $63.41 per page shall be charged if received by email. The rate for notices of Yehicle sales shall be $4.25 per ~ehicle, subject to a minimum total charge of $10.00. The charge for photocopied notices will correspond to the aforementioned rates.
Debra Valenti Director of Operations
SHAWNEE COUNTY CLERK
Harper, Cindy
From: Sent: To: Subject:
Beck, Cyndi Thursday, June 30, 2016 4:17 PM Harper, Cindy FW: Cox Communications - LFA Notification - HD Channels Launching
From: Allen, Lisa (CCI-Central Region) [mailto:[email protected]] On Behalf Of Stamp, Curt (CCI-Central Region) Sent: Thursday, June 30, 2016 2:45 PM Subject: Cox Communications - LFA Notification - HD Channels Launching
Dear Local Franchising Authority,
The following channel changes will occur for Cox Communications and Cox Business customers. On or after August 2°d, 2016:
• UP HD channel 2213 will launch as part of Variety Pak lineup. • TV One HD channel 2212 will launch as part of Variety Pak lineup. • El Rey HD channel 2216 and 2329 will launch as part of Variety Pak, Latino Pak and El Mix lineup. • American Heroes HD channel 2105 will launch as part of Bonus Pak lineup. • HBO Comedy HD channel 2405 will launch as part of HBO lineup. • OuterMax HD channel 2414 will launch as part of Cinemax lineup. • CineMax HD channel 2412 will launch as part of Cinemax lineup. • Showtime Beyond HD channel 2418 will launch as part of Showtime lineup. • Starz Cinema HD channel 2453 will launch as part of Starz lineup. • Pac-12 HD channel 2118 will migrate from Contour to Full HD. • ESPN Goal Line/Buzzer Beater HD channel 2115 will migrate from Contour to Full HD. • Olympics Basketball HD Channel 888 and 2111 will launch as part of Digital Essential lineup. • Olympics Soccer HD channel 889 and 2112 and will launch as part of Digital Essential lineup.
An HD Digital Receiver or Cable CARD is required to view HD Channels. Consumer-owned devices equipped with a CableCARD may require an advanced TV set top receiver or Tuning Adapter in order to receive all programming options offered by Cox Advanced TV.
We are truly grateful for the opportunity to serve your community. If you have any questions regarding these changes, please contact me at (785) 215-6727 or [email protected].
Sincerely,
. ' iJ,J ., < "'•" ' •· -~.-, . ·""· ~
Megan Bottenberg Manager of Government Affairs Cox Communications Central Region
1
May 16, 2016
To: Commissioner Shelly Buhler Commissioner Bob Archer Commissioner Kevin Cook
From: Cindy Evans County Extension Director
-;B J.,
K ·STATE Research and Extension
Shawnee County 1740 SW Western Avenue Topeka,KS 66604-3095
(785) 232-0062 fax: (785) 232-0093
www.shawnee.ksu.edu
The 2017 budget request from the Shawnee County Extension Council Executive Board is attached along with accompanying materials that provide further explanation. Overall, we are requesting an increase of 2.38% for 2017. The increases we are seeking will be detailed on the salary, employer contribution, travel, and subsistence lines.
We continue to look for ways to operate efficiently and to trim our program costs.
*In 2016 we changed our newsletter from a print format to electronic only to achieve savings in postage and printing.
*With the turnover of two positions since the last budget request, we have replaced the staff members with part-time positions, yielding savings to salary and benefits.
We also continue to look for ways to increase our revenue or find partners who can provide inkind donations of meeting space or supplies that will reduce the cost of our programs. A sheet is attached detailing over $91,000 of in-kind contributions secured by agents for 2016. An additional $540,897 is contributed through the value of volunteers who serve as 4-H leaders, Master Gardeners, VITA tax volunteers and community educators.
In addition, Kansas State University remains a strong financial partner in supporting Extension education at the local level. A second document is attached for your review that outlines the $384,233 in direct contributions and $94,914 of indirect contributions made by KSU to support Shawnee County Extension.
The budget lines where we are seeking modest increases include:
Salary: We have an experienced and exemplary staff that is due a competitive wage or salary. We are requesting a 1.5% increase to this line ($6,800). Although we have truly reduced our salary costs, we have an employee with 25 years of experience retiring at the end of 2016. The sick and annual leave payout is significant and is included in the 2017 budget.
Employee Benefits: The rising cost of health insurance makes this budget line difficult to contain. With our recent staffing changes and lower benefit costs, we are only asking for a 2.2~sStateUnlverslty,CountyExtenslon
, , , Councils, Extension District~ and U.S. ($2,025) lllCrease On thlS lme. OepartmentofAgrkuttureCoopt>rating.
-------------•-------------Kansas State University Agricultural Experiment Station and Cooperative Extension Service
K-State Research and Extension is an equal opportunity plOVider and employer.
Knowledge f01Life
Travel and Subsistence: This request asks for an additional $1,500 on the Travel line and $250 on the Subsistence line. As a new director, I am thinking about the future leadership we will need to continue our tradition of educational programs that have both measurable impact to the customers served and public value for all county patrons. Some of our current agents had the benefit of better budget times and attended national conferences early in their careers. Those experiences set the path for involvement at the local, state and national levels. Shawnee County will want the same leadership from our newer agents. We have added a funding request with the intention of sending one agent per year to a national conference.
It is an honor to be a part of Shawnee County and work collaboratively with all of the county departments and commissioners. You can count on us to deliver a strong educational program that is unique due to its research base and the objectivity that is the hallmark of Extension programs.
As a review of the budget process, according to the Kansas County Extension Council Law ...
"On or before July 15 each year, the executive board of the county extension council shall file with the county commissioners in the office of the county clerk a proposed budget in cooperation with the director of extension of Kansas State University Agriculture and Applied Science for the ensuing calendar year. If the commission does not approve the proposed budget within IO days after receipt thereof, if shall return the budget to the board Upon receipt of the returned budget, the board shall consider amendments, or modifications and may consult with the commission concerning the budget. Within JO days after receipt of the returned budget, the board shall resubmit its proposed budget, with or without amendment or modification, to the commission. Within IO days after resubmission of the proposed budget, the commission shall approve, or amend or modify and approve as amended or modified, such proposed budget. "
Thank you for your consideration of our 2017 budget. Members of the Extension Executive board and myself are available to meet with you to discuss this request and answer any questions you may have.
BUDGET FOR THE Shawnee COUNTY EXTENSION COUNCIL --::~~-~-------For the period from January 1, 2017 to December 31, 2017 This budget is prepared in accordance with K.S.A. 2-610 as amended.
EXPENDITURES Printing, Audit, Treasurer Bond, Liability Insurance ............................. .. Telephone ............................................................................................. . Rent, Heat and Lights .......................................................................... .. Supplies, Stationery, and Postage ....................................................... .. Equipment ..................................................................................... .. Educational Program Support ............................................................... . Travel. ................................................................................................... . Subsistence ............... : .......................................................................... . Salaries and Wages ............................................................................ .. Employee Benefits ................................................................... .
Sub-Total .................... · ......................................................... .
Nonappropriated Funds (Reimbursable Transactions) ........................ .. Capital Outlay Reserve ............................................................ .
TOTAL EXPENDITURES .................................. .-................ ..
Receipts Unencumbered Cash balance .................................................... .. Kansas State University ........................................................................ . County Appropriation ................................................................ . Interest ........................................... .. Other .......................................... ..
Sub-Total. ............................................................................ .
Nonappropriated Funds (Reimbursable Transactions) ......................... . Capital Outlay Reserve ............................................................. .
TOTAL RECEIPTS ................................................ .
Proposed~~---(J __ 1l_h{---+_T-9.e ____ r2_1Je_'_/Zt;:~----
Proposed and Approved"'_-r.,__ __ ......:....... __ _..;;;;;=-~-.:!!5,o...,.:;.--
Approved _______________ _ Representing Board of County Commissioners
Date
$9,000 $5,800
$26,000 $11,514
$9,000 $12,000
$9,500 $4,000
$459,800 $137,025
$0 $0
$683,639
$200,000 $10,000
$893,639
$25,000 $70,500
$587,139 $1,000
$0 $683,639
$200,000 $10,000
$893,639
5 '/3-/lp
Date S"-- / 2 - ;3J?/ 6
Date ____ _
"The signature of the Director of Extension or the Director's representative constitutes approval of expenditures in accordance with K.S.A. 2-615 and K.S.A. 2-610 as amended. KSU 8-1 (2011)
Shawnee County Extension Council 2017 Budget Request
2017 Budget Line Item Request Detail
EXPENDITURES Audit, Bond, Insurance, Legal Fees
Same as 2016 ($9,000). We don't have any room to make reductions on this line item which
covers expenses for a mandatory independent audit and liability insurance coverage.
Telephone Same as 2016 ($5,800). Our costs are very consistent on this line.
Rent, Heat and Lights Same as 2016 ($26,000). The largest expenditure in this line is the cost of the Kansas
Expocentre facilities for 4-H events ($17,298 in 2016) followed by our office cleaning staff
($6,000).
Supplies, Stationery and Postage Minor reduction of $46 to $11,514. We reduced this line by $1000 in 2016 reflecting a
savings in postage as we changed our Extension News from a print version to an electronic
only format. The staff continues to find ways to reduce expenses in this category even as
the cost of supplies and postage increase.
Equipment This line item has been reduced by $1,000 ($9,000} as most equipment is budgeted through
our equipment replacement fund.
Educational Program Support Same as 2016 ($12,000). This amount is down $5,000 since our 2013 budget, but we don't
have much additional flexibility. This is the line from which we pay registration fees for
agents to attend training and meeting expenses for our local educational programs.
In 2016, we have documented in-kind donations that support our educational programs of $47,760 for meeting room space, audio-visual rental, meal sponsorships and copies.
Travel Increase by $1500 to $9,500. We were over budget in 2015 and will likely have a greater
deficit in 2016. During the past four years we have been quite restrictive on travel.
However, two of our youngest agents need the experience of attending a national
conference in their field of expertise to prepare for future leadership roles. We have
created a 5-year rotation plan with the intention of sending one agent per year to an annual
conference. In 2016, 4-H Agent Candis Meerpohl is attending the National 4-H Extension
Agent Conference. She found $700 in support to reduce the expense of her professional
experience.
Subsistence Increase of $250 to $4,000. With increased travel will come additional subsistence cost.
Salaries and Wages . Increase of $6,800 (1.5%) to $459,800. Like many of the county departments, our greatest
expense is with our personnel. We have actually decreased our costs of salaries and wages
by hiring less expensive part-time staff when possible as openings arise. However, the 2017
budget will include a significant retirement payout of sick and vacation leave to an
employee with 25 years of service.
Employee Benefits Increase of $2,025 (2.22%) to $137,025. This figure includes a 10% anticipated increase on
health insurance premiums but we have managed this marginal increase to the line by
hiring part-time staff as openings arise and not offering health insurance benefits. This line
also includes the employer costs anticipated with the retirement payout of an employee
retiring after 25 years of service.
In-Kind Detail Shawnee County Extension 2016
This is not a complete listing, but will help you see our efforts to seek new partnerships and funding that can provide additional support.
SOURCES OF AMOUNT NOTE GRANTS/SCHOLARSHIPS
Kansas State University Engagement Grant $6,000 To seek partners to develop a to EFNEP (Lisa Martin) Community Garden Network to
improve access to fresh fruits and vegetables to low income individuals and families
United Way Funding for Free Tax $5,000 Supports Free Tax Assistance Assistance (Cindy Evans) Sites
4-H Service Award ($500) $700 Support to defray costs to 4-H Shawnee County Extension Foundation National Meeting ($200) (Candis Meerpohl)
LeSaffre Yeast $115 Yeast for Wheat Science (Candis Meerpohl)
Premier Farm & Home $20 Chicken Feed for Embryology (Candis Meerpohl)
Miscellaneous Fair Donors $12,900 Donor contributions support fair (Candis Meerpohl) costs and prizes for 4-H
members.
Growing 4-H Grant ($5000 over 3 years) $1,711 Value for 2016 (Candis Meerpohl)
Division of Conservation of Kansas $5,000 Non-point source pollution (Leroy Russell & Jamie Kidd) control cost-share program
Sommerset Cafe (Dover; Shawnee County $400 Coffee & Conversation Farm Bureau, Raven Wood Lodge Agriculture Programs - donation (Leroy Russell) of meeting room space
Kansas Insurance $150 Tractor Safety Course meeting (Leroy Russell) supplies
Wilbur Ellis Company $250 Kaw River Valley Crop Field (Leroy Russell) Day (materials and meal)
Kansas Rural Center & Natural Resource $600 Eastern Kansas Grazing School Conservation Service (materials and tour) (Leroy Russell)
Shawnee County Farm Bureau $1,088 Supplies, pizza for 1000 youth (All program areas are involved in this attending From Farm to You effort) program
Topeka & Shawnee County Public Library $44,275 In-kind donation of space for the (Cindy Evans) VITA tax site at the library (3
days/week from January - April) and training of all tax volunteers
Leland Heifner $700 Booth Space at the Kansas (Jamie Kidd) Garden Show
Skinners Garden Store (Jamie Kidd) $2,630 Seeds
Kansas State University (Jamie Kidd) $500 Seeds
Shawnee County Extension Master Gardener $6,300 Purchase of perennials and Organization (Jamie Kidd) garden tools
Topeka & Shawnee County Public Library $1,470 In-kind donation of meeting (Jamie Kidd) room space for 14 educational
programs
Shawnee County Extension Master $250 Purchase of a television monitor Gardeners (Jamie Kidd) for the office lobby to run
marketing messages
Martha Killian $300 Perennials, pots and books for (Jamie Kidd) Master Gardeners
Hayden Tower ($75) $125 Discount on storage Bruce Woolpert ($50) (Jamie Kidd)
Phil Roudebush $700 Garden Sculpture and tiller (Jamie Kidd)
Roach Hardware $50 Supplies for Garden Show (Jamie Kidd)
Brown's Tree Service $15 Color Copies (Jamie Kidd)
Total in-kind donations to support $91,249 Extension Education
Value of Volunteer support to Shawnee County Extension programs
Volunteer Time to 4-H Program $79,690 3,619 hours valued at $22.02
Volunteer Time to Master Gardener Program $201,372 9,145 hours valued at $22.02
Volunteer Time to VITA (Free Tax $136,127 6,182 hours valued at $22.02 Assistance)
Volunteer Time for Family & Community $123,708 5,618 hours valued at $22.02 Education groups
Total Value of Volunteer Time $540,897
State Values of Volunteer Time r----~~- - 1
l = Liot View i '-- - --- - --·
$20-22 $22-24
Dow11iodd I ull ch.it a set fu1 all stc1tes 2001 2Ulb
K-State Research & Extension Financial Partnership with
Shawnee County (Compiled in March 2016)
Agent Positions: 5 Plus One Expanded Food and Nutrition Education Program (EFNEP) Agent
DIRECT CONTRIBUTION:
1Salary 2Benefits
Benefits/Salary for EFNEP Agent Benefits/Salary for Nutrition Assistants
3Family Nutrition Program 4Benefits/Salary for Nutrition Assistant
INDIRECT CONTRIBUTION:
5 Area Office Support 6Technology Support
( email/other)
$74,568.00 $46,222.00
$77,639.00 (EFNEP is a federal grant program) $133,445.00
$12,359.13 $40,000.00
Subtotal: $384,233.13
$75,401.50
$19,512.50
Subtotal: $94,914.00
Total KSU Support to Shawnee County Extension: $479,147.13
1 Salary - Amount budgeted for State FY 2016 for 5 agent salaries 2Benefits - Amount budgeted for State FY 2016 for 5 agent benefits 3Family Nutrition Program-Allocation for Federal FY 2016 plus $40,000 4Additional Family Nutrition Program suppo1i allocated in spring 2016 for a Nutrition
Educator/Community Garden Coordinator 5 Area Office Support - Area Office budgets for FY 2016 divided by the number of the
agents in the state 6Technology Support -The portion of the Information and Educational Technology
budget used to support local unit programs divided by the number of agents in the state.
CHARLES L. HYDOVITZ District Court Administrator
KANSAS DISTRICT COURT Shawnee County Courthouse
200 S.E. 7th, Suite 406 Topeka, Kansas 66603-3922
(785) 233-8200 Ext. 4018 Fax (785) 291-4917
TO: SHAWNEE COUNTY COMMISSIONERS
FROM: CHARLES HYDOVITZ, CT. ADMIN r;4Jr-' DATE: JUNE 28, 2016
SUBJECT: AMNESTY DAY - USE OF CAFETERIA
LEE LEGAULT Administrative Assistant
CAROL BAUSCH Jury Coordinator
On August 12, 2016, The Department of Children & Families in conjunction with the Young Williams Law Firm is conducting a state-wide Amnesty Day targeting those who are delinquent in their child support payments. Individuals who have an outstanding bench warrant will not be taken into custody if they appear to addi:_ess their case deficiencies.
As part of the Amnesty Day, they are also incorporating a mini job fair for those who might be interested in alternate or secondary employment. The group would like to hold the event in the basement cafeteria. They anticipate twelve or more prospective employers to participate.
Thank you for considering and approving the use of the cafeteria if you deem it appropriate.
V Shawnee County j_
DEPARTMENT OF HUMAN RESOURCES
DATE:
TO:
FROM:
RE:
June 29, 2016
James M. Crowl, Director 200 SE ylh, Room 8-28 Topeka, Kansas 66603 Phone: (785) 251-4435
Fax (785) 251-4901, www.snco.us
MEMORANDUM
Board of County Commissioners of Shawnee County, Kansas
James M. Crowl, Director of Human Resources ~ Request to add two "Modules" to the OneSolution upgrade project
Please place this item on the Thursday, July 7, 2016, Commission Agenda.
Attached is an "Add-On Quote" that outlines the total fees, professional services, and maintenance costs to add two additional "Modules" to the County's OneSolution IFAS upgrade project. These modules perform the following functions:
1) The "Personnel Action Form" Module would replace our current "Status Change Form" process by automating this process into a more efficient and cost effective electronic format. This Module is highly customizable and will allow each Department to determine its own electronic approval process for each different type of personnel action. It will also create an electronic record for audit purposes so that all personnel changes are subject to a detailed review if necessary.
2) The "Position Budgeting" Module will allow all Departments, including HR, to quickly determine the costs of various wage proposals or changes. This Module will provide efficiencies during the budgeting process, and will allow staff to efficiently provide detailed cost information regarding wage proposals during contract negotiations.
The total cost of adding these two Modules to the existing OneSolution upgrade project is $27,420.00. Sufficient funding for these Modules is already contained within the project fund. The approval of this request does not require that additional money be place into the current project fund. Due to the efficiencies that will be created by the addition of these two Modules, it is my opinion that the additional cost to the existing project of adding these Modules pales in comparison to the savings in staff time that will be created by adding these Modules. For these reasons, I am requesting approval to execute the attached "Add-On Quote."
If you have any questions, please feel free to contact me at x4439.
cc: Ms. Betty Greiner, Director, Administrative Services Mr. Shane Plemons, Application Support/Project Manager, Shawnee County LT.
SUNGARD··· PUBLIC SECTOR .,.
Quote Prepared By:
Jim Nelson 1000 Business Center Dr Lake Mary, FL 32746 Phone: (407) 304-3866 Fax: Email: [email protected] <•·~~,.-v·, 'O>>i<iV"· ·~··h'~"",..._"'/s~-,~·-<"'""''· ... · ., ,. -.,-~,- .~~ -...·.c;,.,":,•_wv.- ,,,-,--,,,,..i,
· ~ t ~ ~ V . ii [Jg]~ii~ZxlL3f!3!2016 ... I .... 10131,2016
1 License Fees ; HR/Payroll Product Code Product Name
SHAWNEE COUNT~ CONTRACT #Uo ~ -;l.o \ Ip
Quote Prepared For:
Shane Plemons Shawnee County 200 SE 7th St., Ste. 201 Topeka, KS 66603 .(78~) 251-4402
Quantity es~~i-~--P~F- ONESoiution Personnel Action Forms
. ····· .. 1
Tot<!J~.:
Professional Services /HR/Payroll
i Product Code • cis-FiN·~·PAF
!Services
jProduct Code · :ps.co PS-PM
PS-TR
Product Name Ol'•i'Esoiution 'Personnel Action Forms
Product Name Position Budgeting. Development
Position Budgeting · Project Mgt.
Position Budgeting· Training
1Produ~t & S~~i~es
,Product Notes
Proj Mgmt Installation Tech Svcs Ext Price: . 1,28().()() .706.00 Totals: $1,280.00 $700.00
ProjMgmt Installation
Ext Price: Ext Price: 1,280.00 Ext Price:
Totals: $1,280.00
Tech Svcs
Training 1 ".2ao.oc:i
$1,280.00
Training
7,680.00 $7,680.00
Add-On Quote
Ext Price 12.000:00
. $1~!()00.()0
Maintenance 1,920.00
. .,. ,.",,.s1,!l20.oo ...
lmpl Svcs Consulting Development Total Services .... ........ ...... . 1,600.0() 0 4i860.00 ;
$1,600.00 !<t,St>0.0()
lmpl Svcs Consulting Development Total Services · · ·.. ·· · - ·· · · 1.i:loo:oo · · ·· 1,600.00
·""
License Fees: Professional Services: -- ·-·. ---· - - --· ..
Subtotal:
1,280.00 · 7,680.00.
$1,600.00 $10,560.00
$12:000:00 $15,420.00 $21A2c>:oo
-.,. ... ,, ... _. .. -- ...... "'·'·""·""'
.. $27,420.00: Total: .,-,,~,"-'=" .. ,,. .• '·'
.. Maintenanc.e: $1,92Q,QQ
OS-FIN-PAF: ONESolution Personnel Action Forms (OS-FIN-PAF) includes the following configuration services. Specialized rules, additional workflow notifications, and additional approvals require additional service hours. All services will be conducted from a remote location and not at the client site.
SunGard P<ublic Sector Page 1 <>f4 ---i-~-:. :,,, .;-'!"':; ~
-Remote installation -Remote configuration -Remote consulting/training -Remote project management :-Remote workflow configuration
.The F'~.~~~~-~,~.'-~?ti.~nJ_~pP,lic~!ion utilizes the_. Qu~~~_!:~y A5.5,i~~m,:,nt ~~~e~n {~R~'Y9~}!°.r.,~!.'.~pe_li_c~ble updates .. t°.. P?~i.~~~-~ i~~?~.n.:1~.!ion. ,,.,,,.,,,,.,, ,s-'<..,_'1'\':!,i-• ..ofo!S~r."'•-.-.·»'',bi's.,C •1
•Comments: '. _,,~-;-,i,;, » ',,"'1,- ~-,;-;;,,~;;-,.,..,,.,"I< , ~' O•,~'-","»"'•>'i"~"' -''l"f'.'11,r\"';\~ ...... 'J"P;",t ~-..... o '"',a,.•• ,.• -~,. .. '' -~·"",..-""",' •,\ 1 .... ~., ,··'1,S!••W'- , • .,. ,.,;11, '-"°"·'"''I"-..:'-"<""" '' • ')¥<-, • < <Y t ...... ,_,;t,t; .. ,,, ""°•<'f'<.,,.,,,.,"___.,,_,{
The County would like to add the Personnel Actions Form Module (PAF) module. The County aleady own Position Budgeting (Part of original HR Purchas«: :so simply need services to implement. ·
;Position Budgeting Services included - Development $1,600 / - Project Mgt $2,560
: - Training $7,680 :-.~- ,..,.,,,._,..~,.,.,.,,....,..._/ -..•,,rr..., ~ ... ,., ,,,__..;,;.,,.t.1'"•·-,.,.,.<'Y.r$""+<"'I>""-~~,,., ~,--..Ml'•:~"'":>M .-,_,... ·. ~ ,.,,,..,..._;,'!,'<'"~-" •~'*' ~.,.,., ,,._.,..,--;;,."'"'""'"'""'r,;;,,;,,_N.:.>1•,.a.,..,..,,.,;.~~..,,.,,, t-,1,·,•rt, '•-'"'"II!' ~
:Payment terms as follows, unless otherwise notated below for Special Payment Terms by Product: j,.,,.,_,,'", ~,--,..~w,c,· ,N'.'">-r-.,, ,,H,..-•• _,,.,,,._..,, '·"''"'""''·......_,.,.,,,,.,,,.., ,..,..,..i,,,-,-,,....,.., , .. ,_, • , . ..,0
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License, Project Planning, Project Management, Third Party Product Software and Hardware Fees are due upon execution of this Quote. Third Party Product ;Implementation Services fees are due 50% on execution of this Quote and 50% due upon invoice, upon completion. Unless otherwise provided, all other Professional · Services and Travel & Living expenses are due monthly, as such services are delivered. Additional services, if requested, will be invoiced at then-current rates. Any shipping charges shown are estimated only and actual shipping charges will be due upon invoice, upon delivery.
;Annual Subscription Fee(s): Initial annual subscription fees are due 100% on the Execution Date. The initial annual subscription term for any subscription product(s) listed iabove shall commence on the Execution Date of this Agreement and extend for a period of one (1) year. Thereafter, the subscription terms shall automatically renew for successive one (1) year terms, unless either party gives the other party written notice of non-renewal at least sixty (60) days prior to expiration of the then-current term. The then-current fee will be specified by SunGard Public Sector in an annual invoice to Customer thirty (30) days prior to the expiration of then-current annual period.
/SunGard Public Sector Application Annual Support: Customer is committed to the initial term of Maintenance and Support Services for which the support fee is included ·in the License fee(s) and begins upon execution of this Quote and extends for a twelve (12) month period. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the prior support period. Support fees shown are for the second term of support for which SunGard Public Sector is committed and which shall be due prior to the start of that term. Fees for subsequent terms of support will be due prior to the start of each term at the then-prevailing rate. Subsequent terms will renew automatically until such time SunGard Public Sector receives written notice from the Customer thirty (30) days prior to the expiration of the then current !term. Notification of non-renewal is required prior to the start of the renewal term. Customer will be invoiced, and payment is due, upon renewal.
;Third Party Product Annual Support Fees: The support fee for the initial annual period is included in the applicable Third Party Product License fees(s) unless otherwise · stated. Subsequent terms invoiced by SunGard Public Sector will renew automatically at then-prevailing rates until such time SunGard Public Sector receives written :notice of non-renewal from the Customer ninety (90) days in advance of the expiration of the then-current term. Notification of non-renewal is required prior to the start of :the renewal term. Customer will be invoiced, and payment is due, upon renewal. As applicable for certain Third Party Products that are invoiced directly by the third party to Customer, payment terms for any renewal term(s) of support shall be as provided by the third party to Customer.
'~""-''"'"""'""'""'·'l·""'1·w,,,,,--,""''~"''",·HC,•-ffc~ • .,..,,..._.. >"C"">l'C~· _ .. .,..-<;,v,, .,.,.,.,~w:-,v,0,••r«, • ,·,<4.-..... ~-"·"·.-~ • "-U ,.,,c .. ,'¥"' .,,.,~.,.,.,., '• ,.
Additional Terms: -~,~'"' ..,._.,,....,~---~ .. ..,..,,.-.,.~,,,-, . .,,._, .• , .. ~.-~,.;/ .,, •· -·-,-.-.,,.,.,,,..., • .,-., . ..,..,,. ,,,,._.., .. ~, .~,_.·..,.,.,u.,. ,_,...,.~,..,""' .o.,
iThis Quote constitutes an Amendment to the Software License & Services Agreement and the Maintenance/Support Agreement (together, the "Contract and \Agreement") by and between the parties hereto. The product and pricing information detailed above comprises the "Exhibit 1" schedule or "Supplement" attached to this jAmendment. Except as otherwise provided herein, all terms and conditions of the Contract and Agreement shall remain in full force and effect.
-SunGard Public Sector Page 2 of 4 :
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1---·--··- ·-·•»•·-" .... ....... .. .................. - ···-""' .,,,_.. ........... ·--"" "" .•. ·-· ....... ............ "'" .......... _ ... . jAny interfaces listed above are interfaces only. Customer shall be responsible for obtaining the applicable software, hardware and system software from the appropriate \third party vendor.
i !The Component Systems identified above are "Licensed Programs" or "Licensed Systems" licensed by SunGard Public Sector and are provided in and may be used in !machine-readable object code form only. I
;Applicable taxes are not included, and, if applicable, will be added to the amount in the payment of invoice(s) being sent separately. Travel and living expenses are in I addition to the prices quoted above and shall be governed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy.
;The date of delivery is the date on which SunGard Public Sector delivers, F.0.8. SunGard Public Sector's place of shipment, the Component Systems to Customer.
\The SunGard Public Sector application software warranty shall be for a period of one (1) year after delivery. There is no Testing and Acceptance period on the Licensed lsystem(s) herein. i jPreprinted conditions and all other terms not included in this Quote or in the Contract and Agreement, stated on any purchase order or other document submitted ;hereafter by Customer are of no force or effect, and the terms and conditions of the Contract and Agreement and any amendments thereto shall control unless expressly !accepted in writing by SunGard Public Sector to Customer.
/Third party hardware/software maintenance and/or warranty will be provided by the third party hardware and software manufacturer(s). SunGard Public Sector makes no irepresentations as to expected performance, suitability, or the satisfaction of Customer's requirements with respect to the hardware or other third party products !specified in this Quote. The return and refund policy of each individual third party hardware/software supplier shall apply.
\ :This Agreement is based on the current licensing policies of each third party software manufacturer as well as all hardware manufacturers. In the event that a )manufacturer changes any of these respective policies or prices, SunGard Public Sector reserves the right to adjust this proposal to reflect those changes.
' iShould Customer terminate this agreement per any "Term of Contract" Section of the Contract and Agreement, as may be applicable for certain customers, Customer /agrees to pay, immediately upon termination, the remaining balance for all hardware, software, and services delivered prior to the termination date together with travel !reimbursements, if any, related to the foregoing. Notwithstanding any language in the Contract and Agreement to the contrary, the purchase of support services is NOT ;necessary for the continuation of Customer's License.
I !Pricing for professional services provided under this quote is a good faith estimate based on the information available to SunGard Public Sector at the time of execution of !this Quote. The total amount that Customer will pay for these services will vary based on the actual number of hours of services required to complete the services. If irequired, additional services will be provided on a time and materials basis at hourly rates equal to SunGard Public Sector's then-current rates for the services at issue.
For training and on-site project management sessions which are cancelled at the request of Customer within fourteen (14) days of the scheduled start date, Customer is I :responsible for entire price of the training or on-site project management plus incurred expenses. i---,---·~-a,,»~.......-,.,,..,, .. ..,.,.,c .. ,....,.,.,,.,,,,:, °' ' ', ... ., .. '" ">, ,,.,,....- , • ...._~,-~·a,c•- .. •, J ·J_,J...,,,.y,_,,.,.,,,""•~'t•",~c. ,,...,._,.,.,..~~·-.,,,, = . ·•-.~ ., ·• -,·,, 1""'·'"1:'11'!>"'·~.,...;,,., ,n,-~-cF -,,,,...,,,,.,., J<,~J..:J+•·-.·•~,·, rivi..,.,,"4._.,,.,......,_.,.. •f.' ,.~< ~~;.-,•,_.,,;,-.,,r...,..-.,.;,."""'"""';rr=.b•,H,...' -,v'.iWM--''1"'.-,,-,.,, • .,;,_$~""'"'°'""'""'"""'"""'""'"'_,.._cs,.·;,;,,.."""'.,'''",,._, ... ._ .1
Shawnee County
i Authorized Signature: Date: Printed Name:
SunGard Public Sector Page 3 of 4, · -~ ,.,:; f_""1i'·"-·."j"r.;:<i 7;;•.•·'".-~ ,. ;.~- 1 ·-~•=_,1,;~. i::i:::Ji'···
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{J-J Shawnee County ,., DEPARTMENT OF HUMAN RESOURCES
James M. Crowl, Director 200 SE yth, Room 8-28 Topeka, Kansas 66603 Phone: (785) 251-4435
Fax (785) 251-4901, www.snco.us
MEMORANDUM
TO: Board of Shawnee County Commissioners
FROM: James M. Crowl, Chair, Administrative Review Committee
DATE: June 29, 2016
RE: Administrative Review Committee Report - Big Heart Pet Brands
In accordance with Shawnee County Home Rule Resolution No. HR-2002-9, an Administrative Review Committee met on June 13, 2016 to review the tax exemption application submitted by Big Heart Pet Brands. The following members of the Committee attended the meeting:
James M. Crowl, Chair-Board Designee Richard V. Eckert-County Counselor Cyndi Beck-Shawnee County Clerk Cindy Harper-Deputy County Clerk Brandon Kaufmann-Chief Fiscal Officer, City of Topeka Bob Horton-Director of Business, USD 345
For the applicant: Jim Green-Controller, Big Heart Pet Brands
The Committee reviewed Big Heart's application and the cost benefit analysis report prepared by the Kansas Department of Commerce. The Committee concluded that the proposed exemption would benefit the community. Mr. Eckert moved to recommend to the Board of Shawnee County Commissioners a 100%, ten (10) year tax exemption on real property as requested in Big Heart's application. Mr. Horton seconded the motion. The Committee voted unanimously in favor of the motion.
The Administrative Review Committee's recommendation is that the Board of County Commissioners of the County of Shawnee, Kansas grant an economic development tax exemption for the Big Heart Pet Brands' expansion project as outlined in its application dated November 18, 2015. The Committee recommends a ten (10) year, one hundred (100%) exemption that is based upon the creation of eight (8) new jobs at the new facility and the retention of twenty (20) existing jobs.
I would be happy to answer any questions regarding the Committee's recommendation.
JMC/mlb
Shawnee County DEPARTMENT OF HUMAN RESOURCES
James M. Crowl, Director 200 SE i\ Room B-28 Topeka, Kansas 66603 Phone: (785) 251-4435
Fax (785) 251-4901, www.snco.us
MEMORANDUM
TO: Board of Shawnee County Commissioners
FROM: James M. Crowl, Chair, Administrative Review Committee
DATE:
RE:
June 29, 2016
Administrative Review Committee Report and Request for Public Hearing to Consider a Tax Exemption for Big Heart Pet Brands
Please place this item for consideration on the agenda for the Thursday, July 7, 2016, public meeting.
The Administrative Review Committee requests that the following actions be taken by the Board of Shawnee County-Commissioners:
1) That the attached report of the Administrative Review Committee, dated June 29, 2016, be accepted; and
2) That the tax exemption requested by Big Heart Pet Brands be scheduled for a public hearing on Thursday, July 21, 2016.
If you have any questions or concerns about these requests prior to the meeting, please feel free to contact me at extension 4439.
JMC/
c: Mr. Richard V. Eckert, Shawnee County Counselor Ms. Cynthia A. Beck, Shawnee County Clerk
D Shawnee County ,3
DEPARTMENT OF HUMAN RESOURCES , __ James M. Crowl, Director
200 SE ih, Room B-28 Topeka, Kansas 66603 Phone: (785) 251-4435
Fax (785) 251-4901, www.snco.us
MEMORANDUM
TO: Board of Shawnee County Commissioners
FROM: James M. Crowl, Chair, Administrative Review Committee~
June 29, 2016 DATE:
RE: Administrative Review Committee Report - HME, Inc.
In accordance with Shawnee County Home Rule Resolution No. HR-2002-9, an Administrative Review Committee met on Wednesday, May 11, 2016 to review the tax exemption application submitted by HME, Inc. The following committee members attended the meeting:
James M. Crowl, Chair- Board Designee Richard V. Eckert-County Counselor Cindy Harper - Deputy Shawnee County Clerk Cynthia Beck-Shawnee County Clerk Bob Horton - Director of Business, USD 345 (Seaman School District)
Jon Haas, Kevin Rake, and Angela Steinbock, representatives of HME, Inc., also attended the meeting.
The Committee reviewed the application and the cost benefit analysis prepared by the Kansas Department of Commerce. The Committee concluded that the exemption would benefit the community.
Mr. Horton moved to recommend to the Board of Shawnee County Commissioners a ten (10) year, one hundred percent (100%) tax exemption on real property as requested in HME's application. Ms. Beck seconded the motion. The Committee voted unanimously in favor of the motion.
The Administrative Review Committee's recommendation is that the Board of County Commissioners of the County of Shawnee, Kansas grant an economic development tax exemption to HME, Inc. as outlined in HME's application dated September 22, 2015. The Committee recommends a ten (10) year, one hundred (100%) exemption that is based upon the creation of thirty-nine (39) new jobs at the new facility and the retention of HME, Inc.'s existing one-hundred-thirty (130) jobs.
I would be happy to answer any questions regarding the Committee's recommendation.
JMC/
Shawnee County DEPARTMENT OF HUMAN RESOURCES
James M. Crowl, Director 200 SE J1h, Room B-28 Topeka, Kansas 66603 Phone: (785) 251-4435
Fax (785) 251-4901, www.snco.us
y 3
MEMORANDUM
TO: Board of Shawnee County Commissioners
FROM: James M. Crowl, Chair, Administrative Review Committee
DATE:
RE:
June 29, 2016
Administrative Review Committee Report and Request for Public Hearing to Consider a Tax Exemption for HME, Inc.
Please place this item for consideration on the agenda for the Thursday, July 7, 2016 public meeting.
I respectfully request that the following actions be favorably considered by the Board of Shawnee County Commissioners:
1) That the report of the Administrative Review Committee, dated June 29, 2016, be accepted; and
2) That consideration of the tax exemption requested by HME, Inc. be scheduled for a public hearing on Thursday, July 21, 2016.
If you have any questions or concerns about these requests prior to the meeting, please feel free to contact me at extension 4439.
JMC/
c: Mr. Richard V. Eckert, Shawnee County Counselor Ms. Cynthia A. Beck, Shawnee County Clerk
Shawnee County
Department of Corrections 501 SE 81
h Street- Topeka, Kansas 66607
Brian W. Cole, Director
~ -..1
Adult Detention Facility- 501 SE 8th - Topeka, Kansas 66607 - (785) 291-5000- FAX (785) 291-4924 Youth Detention Facility - 401 SE 8th - Topeka, Kansas 66607 - (785) 233-6459 - FAX (785) 291-4963
Corrections Annex- 818 SE Adams -Topeka, Kansas 66607 - (785) 291-5000- FAX (785) 291-4930
MEMORANDUM
DATE: June 29, 2016
TO: Board of County Commissioners
FROM: Brian W. Cole, Director -5 c_...
SUBJECT: Out-of State Travel for Training Request
I am requesting approval for a member with the Shawnee County Department of Corrections to attend the National Law Enforcement Training Center (NLETC) annual training seminar in Kansas City, Missouri. He will be attending Control/Defensive Tactics training on July 11-12, 2016, Ground Defense/Control Tactics training on July 14, 2016, and Handgun/Long Gun Retention and Disarming training on July 15-16, 2016. Attending this training will certify him as an instructor in these topics and allow him to instruct the remaining officers at the Shawnee County Adult Detention Center (ADC).
This employee has been employed with the department since August 1998. He has been a self defense instructor for many of those years, beginning at the Juvenile Detention Center and then transitioning to the Adult Detention Center. He is also currently responsible for the agency's Corrections Emergency Response Team.
The estimated cost for this training is $1,600.00, which includes registration fee, room, and per diem. I have attached the Educational/Training Request Form that is required for training costs exceeding $1,000 for him and the agency's departmental form. Funds for this request are available in our operational budget and I have discussed this expenditure with Betty Greiner, Administrative Services.
I will be happy to answer any questions you may have.
cc: Betty Greiner, Financial Administrator Evelyn Kendall, Deputy Director Timothy Phelps, Deputy Director Angela McHardie, Deputy Director Brandy Biltoft, Division Manager, Standards and Compliance
NAME: Toe fu.c..Ler
SHAWNEE COUNTY TUITION AND OTHER EDUCATIONAUTRAINING EXPENSE REQUEST
DEPARTMENT/OFFICE _,_C,.,,_,o=-c"--'r,_,e."""0=+;-'-'· o.........,n=s. ___________________ _
HOW LONG EMPLOYED BY SHAWNEE COUNTY?
TUITION ASSISTANCE REQUESTED FOR:
Training/Course Name Course Number
Starting I Ending Dates Days/Time
Coo+cal/r::eOnsive.. TaJiu --- 3"c..J.'f 11-r.2,2.c:ilP os:x,-nro 6..-o~ D,e.~ / l.on-tYo \ T 4'.,+iLS :r'"'-'ht Ii# 1 :l.OllP Ofi\X>- noo l~3w,/i...o"j GI.V\ ~,~DISoJT("l•"j :r'-'-l'i 1s-t<o1:2Q1<.,:, oir00-1100
Credit Hours
Cost Per Credit Hour
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Cost Per Course $ J) oco ()oh,J) Other Expenses $ ls>oo. 0::) Total Cost $ ) ; t.s:;, oo, oo (Transportation, Lodging, Per Diem, etc.)
Name, address, and phone number of institution, corporation or association providing training:
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Location of Training K.~5 a..:> C,b-J) mo
Explain how the course(s) requested will enhance relevant skills and/or knowledge required of your position. Attach a separate sheet if necessary. Include any materials, flyers, handouts, schedules, etc. available for the course(s). f 7 =.,/.,,,, ,,,,,, ;rr,,a.~ -;;Q..,~··,
Date
Date
Date
(N 04/09) Page 2 of 3
EDUCATION AND TRAINING EXPENSE AGREEMENT
The Education and Training Expense Agreement must be completed and approved by the Board of
County Commissioners, for tuition and educational expenses exceeding $1,000.00.
In consideration of the education/training paid for by Shawnee County, I, ·:roe.. 12.u.c.,,t.er-hereby agree to remain employed with the County for a time period of I I months.
(One (1) month per each $150.00 of expense, rounded to the nearest whole $150.00.) The time period
will begin the day after completion of the training/education indicated on the request. Any leave time
taken beyond annual and sick leave will not count toward the time period to be reimbursed. In the case
of multiple education/training agreements, the additional agreements will run consecutively after
completion of the earlier agreements. I agree to reimburse the County for its payment of expenses
referred to below if I voluntarily leave employment with the County before the required time period stated
above. This amount will be adjusted on a pro-rata basis for each month I remain employed with the
County. I shall reimburse the County for this amount within thirty (30) days from the last day of my
employment with the County. This agreement will not apply if the Board of County Commissioners of the
County of Shawnee, Kansas, or their designee, terminates my employment with the County.
The education/training concerned is as follows:
Course
Location
n~hOrtG\..I LA~ Eo ~~ ... Tr~.;+l..Total Cost Cc.,,,
K4As4{, C,h.J I mo Date(s)
k I) &,cc:,' OD
To... I y J I - I it:> 1 2-oJ ls:.
I understand and agree that if I violate the terms of this agreement, the amount of expenses paid for by
ucation/training is recoverable from me.
Employee
APPROVED by the Board of County Commissioners of the County of Shawnee, Kansas, on this
____ day of , 20 __ .
ATIEST:
Shawnee County Clerk
BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS
Chairperson
APPROVED AS TO FORM AND LEGALITY BY THE SHAWNEE COUNTY COUNSELOR'S OFFICE
(N 04/09) Page 3 of 3
Shawnee County Department of Corrections Certified Training Instructor Agreement
Joe Rucker Employee Name
Control/Defensive Tactics, Ground Defense/Control Tactics, and Handgun/ Long Gun Retention and Disarming Certified Training Course Name
$1,600.00 Total Cost
July 11 - July 16, 2016 Date
July 16, 2016 Certification Date
July 16, 2019 Expiration Date
I, Joe Rucker, agree to attend the training course indicated above. At th~ completion of the training, I shall be certified to teach the curriculum outlined in the training course.
At the request of the department, I shall provide training as a certified training instructor for the duration of the certification period.
In the event I refuse to provide training in the area of certification, I acknowledge that I shall be required to reimburse the department for the cost of the certification. In the event the total cost of the training registration fee, travel expenses, etc. exceed the amount of $1,000, I acknowledge that I have completed the documentation required by County procedures and understand that I have to remain an employee for the required length of time or reimburse the County for the entire amount necessary to attend the training.
The Director or his/her designee shall have the authority to remove me as a certified training instructor at any time. In the event the Director or his/her designee removes me as a certified instructor, I understand that I may or may not be required to rei~rse the County or the department for any training expenses depending ~ ciFCumstances for removal.
~l-----
AM-D-01 Form 1 Effective 08/02/2015
June 23, 2016
TO:
FROM:
RE:
Board of Commissioners
Shawnee County ~
John E. Knight, Directo Parks + Recreation
Contract Approval - Kossover Tennis Courts Resurfacing Asset Management Division - Construction
Board of Commissioners approval is requested for the attached contract between Shawnee County and Mid-America Courtworks of Wichita for the resurfacing of the tennis courts at Kossover Tennis Center, Felker Park, 2540 SW Gage Blvd.
The contract calls for work to commence after August 1, 2016 with a completion date of no later than November 1, 2016. Total cost of the project is $107,380 which includes the cost to bond the project and perform the work as specified.
On May 5, 2016, the Board of Commissioners gave approval for the department to solicit bids and on June 20, 2016 awarded the bid to Mid-America Courtworks of Wichita to perform the services specified in Quotation 028-16 Resurface Tennis Courts.
The surfaces at Kossover Tennis Center were last resurfaced in 2004. Generally you can expect 6-8 years of useful life from a surface before it needs to be redone. Skill level and amount of play can affect this life span.
Shawnee County Parks + Recreation manage 82 outdoor sport courts throughout the park system. Of these courts, 62 need periodic resurfacing, 17 need to be re-lined periodically and 3-6 can or should be removed from our inventory. Of the 62 courts that need to be resurfaced 44 see significant use with the 18 tennis courts at Kossover Tennis Center and the 18 pickleball courts at Hughes Park seeing extensive use. The 8 tennis courts at Lake Shawnee see regular use and the balance see sporadic use. At a 6-8 year cycle of re-surfacing the department should be resurfacing or relining 10-13 courts per year. It is anticipated that the department will seek to resurface courts at Lake Shawnee, Hillcrest Park and Shawnee North Community Park next year. Exact locations may change as priorities shift while the department catches up on this deferred maintenance.
The great majority of higher level tennis play occurs at the Kossover Tennis Center. The center is recognized as one of the premier tennis centered athletic complexes in the State and annually
parks.snco .. us
Shawnee County Parks+ Recreation• 3137 SE 29th Street• Topeka, KS 66605 • (785) 251·2600
hosts high school leagues, regional and state tournaments. Local tennis clubs host tournaments annually that attract players from throughout the Midwest. Kossover Tennis Center is also the site for the annual Sunflower State Games and the Kansas Senior Olympic tennis activities. These events have a net positive economic impact to Topeka and Shawnee County.
Chapter five of the Parks and Recreation Master Plan addresses Park and Facility Analysis. Section 5. 2. 2 Opportunities identifies; resurface park roads, parking lots, trails, basketball and tennis courts and sports fields where deterioration is seen and develop a resurfacing schedule to address existing parks as necessary. These tennis courts are in need of being resurfaced, the department runs a risk of increased repair costs if this preventive maintenance is delayed.
Funding is available through the Parks & Recreation Building Maintenance Fund. This Fund is appropriate as Felker Park, where the Kossover Tennis Center is located, was acquired through the Federal Lands to Parks Program with revenues from activities at Felker Park going directly into the Building Maintenance Fund for repairs to parks and recreation: facilities.
JEK/lrk TB Attachment
Jun 2816 02:47a Mid-American Courtworks (316) 558-5920
SHAWNEE COUNTY CONTRACT NO. C ~ l O -2016
INDEPENDENT CONTRACTOR AGREEMENT FoRSERVlCES
Tms AGREEMENT is between THE BOARD OF COUNTY CO:Mi\-llSSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and MID-AMERICA COURTWORKS (Contractor).
1. SERVICES TO BE PERFORMED
Contractor agrees to perform the following services for County: Sport comi resurfacing at Kossover Tennis Center, 2540 SW Gage Blvd. and other necessary improvements as specified in Quotation Number 028-16 hereinafter refell"ed to as Exhibit HA".
This Agreement shall conunence on August 1, 2016, and shall end on November 1, 2016, unless this Agreement is tenninated sooner or extended in accordance with its terms.
2. PAYMENT
Jn consideration of the services to be performed by Contractor> County agrees to pay Con1ractor as follows:
Task Duties Compensation Resurface of l 8 As identified in Exhibit "A" $104,000 spo1icomis.
Payment and Performance bonds $3,380
Contractol' shall be responsible for all expenses incurred while performing services under this Agreement. This inc.ludes equipment; supplies; telephone expenses; automobile and other travel expenses; mea1s and ente1tainment; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to complete t11e work under this Agreement.
3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION
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Jun 2816 02:47a Mid-American Courtworks (316) 558-5920
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 l'ight to control and direct the means, manner and method by which the services required by this Agreement will be perf01med.
c. Contract01· shall not be assigned a work location on County premises, and Contractor has the right to pe1fo1m the services requfred by this Agreement at any place, location or time.
d. Contractor will furnish all equipment and mate1ials used to provide the services required by this Agreement.
e. Contrnct01· has the right to hire assistants as subcontractors, or to use Contractol''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 perfo1mance and delivery of described serv.ices 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 necessa1-y to perfo1m 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 thls Agreement.
Further, Contractor hereby ce1tifies:
1. That Contractor is not an employee of County and thereby Conh·actor 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 Fo1m 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 HAR1'1LESS
Contractor shaJI save, hold harmless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs,
2
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Jun 2816 02:47a Mid-American Courtworks (316) 558-5920
including reasonable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, WOl'k 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
The Cmmty shall not be required to purchase, any insurance against loss 01· damage to any personal prope1ty to which this contract relates, nor shall this contract require the County to establish a "self-insurance11 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 pl'operty to which Contractor holds title.
6. OWNERSHIP OF PRODUCTS/DOCUMENTS
Contractor hereby assigi1s to County all rights to all p1·oducts, l'epo11s, 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, jn the judgment of the Financial Administratol', Audit-Finance Office, sufficient funds are not appropriated to continue the function perfonned fo 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 thltiy (30) days prior to the end of its cw-rent fiscal yea1·. The termination of the contract pursuant to this parngxaph 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 origh1 or ancestry, or age in the adm1ssion of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or adve1ifaements 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 subcontxact or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements 9f (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 appiicable provisions of ADA, that violation shall constitute a breach of contract; {g) if (e) pr (f) occurs, the contract may be cancelled, terminated 01· suspended in whole or in part by the County. Pa11ies to this contract understand that subsections (b) through (e) of this paragraph number 5 are not
3
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Jun 28 16 02:48a Mid-American Courtworks (316) 558-5920
applicable to a Contractor who employs fewer than four employees or whose contrnct with the County totals $5,000 or less during this fiscal year.
9. ACCEPTANCEOFCONTRACT.
This contract shaU not be considered accepted, approved or ·otherwise effective until the req_uired approvals and ce1tificatioos 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 inteLpretation 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· repl'esentative of the Contractor thereby represents that such person is duly autho1·.ized. 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, l;!Sing 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 la\V of the State of Kansas.
b. AU 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 ·pennits, certificates and licenses required to carry out the services to be po1·f'<n:o-..1-;.cl \IUV\,.l. tlii;:, O.~lC:C:Jllt::Ill. •
4
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Jun 28 16 02:48a Mid-American Courtworks (316) 558-5920
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 rende1ing 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 p1·ovision 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 pat1icular po11ion 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 CO.Mi'\1ISSIONERS SHAWNEE COUNTY, KANSAS
----------, Chair
Date: ----------------
Cynthia A. Beck, Shawnee Cmmty Clerk
5
Approved as to Legality andForm:Date~S · 1.~
-~ ··tsst co. c6w'4sEL~:-
p.5
QUOTATION NO.
DATE MAILED
CLOSING 2:00 P.M.
028-16
05-25-16
06-08-16
COURT RE-SURFACING SPECIFICATIONS KOSSOVER TENNIS CENTER
GENERAL DESCRIPTIONS This project involves the resurfacing, re-caulking and completion of specified repairs to eighteen concrete tennis courts at Kossover Tennis Center, Felker Park, 2540 SW Gage Blvd., Topeka.
REFERENCE STANDARDS A. United States Tennis Association (USTA). B. American Sports Builders Association (ASBA).
QUALITY ASSURANCE Manufacturer regularly engaged for past 5 years in application of tennis court surface color coating systems of similar type to that used. Installer shall be a member of the ASBA. Installer shall be an Authorized Applicator of the surface system that is used. Applicator regularly engaged, for past 3 years, in application of surface system used. Employ persons trained for application of tennis court surface system. Surfacing shall conform to the guidelines of the ASBA for planarity. All surface coating products shall be supplied by a single manufacturer. The contractor shall record the batch number of each product used on the site and maintain it through the warranty period. The installer shall be an authorized applicator of the specified system. A manufacturer's representative shall be available to help resolve material questions.
MATERIAL HANDLING AND STORAGE Store materials in accordance with manufacturer specifications and MSDS. Deliver materials to the site in manufacturer's original, unopened containers and packaging with labels clearly identifying product name and manufacturer. Store materials in clean, dry area, indoors. Store materials out of direct sunlight. Protect materials during storage, handling, and application to prevent contamination or damage. Close containers when not in use.
AMBIENT CONDITIONS Do not apply when rainfall is imminent or extremely high humidity prevents drying. Do not apply unless surface and air temperature are 50 degrees Fahrenheit and rising. Do not apply of surface temperature is in excess of 140 degrees Fahrenheit.
GUARANTEE Provide a guarantee against defects in the material and workmanship for a period of at least one year from the date of substantial completion. (State manufacturer's warranty.)
PAGE?
SUBMITTALS
QUOTATION NO.
DATE MAILED
CLOSING 2:00 P.M.
028-16
05-25-16
06-08-16
Manufacturers specifications for components, color chart and installation instructions. Authorized Applicator certificate from the surface system manufacturer. Current Material Safety Data Sheets (MSDS). Reference list from the installer or at least 5 projects of similar scope done in the last 3 years. Warranty documentation. Submit manufacturer's standard warranty.
PRODUCTS State the surfacing system to be used.
SURFACE PREPARATION Protect adjacent surfaces and landscaping from contact with product. Prepare surfaces in accordance with manufacturer's instructions. Remove dirt, debris, oil, grease, sealers, curing compounds, vegetation, loose coatings, loose materials and other surface contaminants which could adversely affect application of product. Pressure wash entire surface. Repair cracks, depressions and other surface defects in accordance with manufacturer's instructions before application of color coating. Use router to remove dirt and caulk in all control joints. Replace with manufacturers recommended materials. Repair spalled areas and level depressions 1/8 inch and deeper with patch binder in accordance with manufacturer's instructions. Apply adhesion promoter over entire concrete surface in accordance with manufacturers instructions. Apply 1 coat of filler course to provide smooth underlayment for application of color coating. Ensure surface repairs are flush and smooth to adjoining surfaces.
APPLICATION Blend with mechanical mixer to ensure a uniform mix. Mix ratio per manufacturers specifications. Apply in accordance with manufacturer's instructions. Apply 1 coat of acrylic resurfacer per manufacturer's specifications of gallons per square foot. Apply 2 coats of color coating to prepared surfaces per manufacturer's specifications of gallons per square foot.
LINE MARKINGS Lay out tennis court line markings in accordance with USTA Rules of Tennis. The area to be marked shall be taped to ensure a crisp line. Application shall be made by brush or roller at a rate of 150-220 sg./gal. (3/4 gallon per tennis court). 60' blended Quickstart lines will be added to courts 1 and 3. 60' and 36' blended Quickstart lines will be added to court 2. PROTECTION Allow a minimum of24 hours curing time before opening tennis courts for play. Protect coated surfaces to ensure that, except for normal weathering, coating system will be without damage or deterioration at time of substantial completion.
CLEANUP Remove all containers, surplus materials and debris. Dispose of materials in accordance with local, state and federal regulations. Leave site in a clean and orderly condition. Repair any damage to property that is a direct result of the project.
PAGES
QUOTATION NO.
DATE MAILED
CLOSING 2:00 P.M.
GENERAL NOTES
028-16
05-25-16
06-08-16
Courts 10-18, caulk joints b/w courts and all adjoining concrete surfaces. All courts, caulk all perimeter fence posts as needed. At least nine courts shall be playable at all, times. Courts must be completed in a time schedule as provided by owner. For the purposes of bidding the pace of the court surface should be considered medium for play.
PAGE9
Shawnee County
r . recreation June 29, 2016
TO:
FROM:
RE:
Board of Commissioners Shawnee County
. John E. Knight, Directo\ Parks + Recreation ~\
Contract - Vendor Partner Outdoor Adventure Division - Community Events
Board of Commissioners approval is requested on the attached Independent Contractor Agreement for Services with Fun Flicks KS. The movie under the stars special event will take place at the Bettis Family Sports Complex on July 30. The past three movies annually have averaged over 250 spectators and we encourage the public to spend a few hours at Lake Shawnee by which we recognize July as national Parks + Recreation month.' A secondary purpose is to provide an opportunity for families to enjoy an evening together before heading back to school.
The Master Plan calls for contracting with vendors or individuals who desire to share their service, skills and talents as independent contractors. One of the five (5) areas of focus to manage future partners is that of Vendor Partners.
Vendor Partners: Service providers and/or contractors that can gain brand association and notoriety as a preferred vendor or supporter of Shawnee County Parks + Recreation in exchange for reduced rates, services, or some other agreed upon benefit.
Independent Contractor Agreement for Services will continue to be a valuable asset for the department. Utilizing such agreements affords us the opportunities to manage efficient partnerships with entertainers serving our community interest events. Fun Flicks KS will be compensated $629 and these services are covered through the department budget.
JEK/blt JS Attachment( s)
parks.snco,
Shawnee County Parks + Recreation• 3137 SE 29th Street• Topeka, KS 66605 • (785) 251•2600
SHAWNEE COUNfY CONTRACT NO, C lt1 -2016
INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES
THIS AGREEMENT is between THE BOARD OF COUNTY COl\'IMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and FUN FLICKS KS (Contractor),
1. SERVICES TO BE PERFORMED
Contrnctol' agrees to pe1form the following services for County:
Provide preparation, equipment, and an outdoor movie for public viewing 011 July 30, 2016, at the Bettis Family Sports Complex.
This Agreement shall commence on July 30, 2016, and shall end on July 30, 2016, unless this Agreement is terminated sooner or extended in accordance with its terms.
2. PAYMENT
In conside1·ation of the set·vices to be pe1'formed by Contractor, County agrees to pay Contractor as follows:
Task Duties Compensation
Movie Rental Pkg Terms detailed on attached contract for lease $599.00/movie w/ Fun Flicks. No deposit required,
$30.00/defrvery preparntion, sound and pl'Ojection equipment for 21' movie screen, will i11voice County a Total $629.00 fu1al payment due post event; movie selection payable after decided 30 days prior, Josh Sturm will serve invoice rcv'd as the department contact. post event.
Contl'actor shall be responsible fol' all expenses incurred while performing services under this Agreement. This includes equipment; supplies; telephone expenses; automobile and other travel expenses; meals and entertainment; insmance premiums; and all salary, expenses and· other compensation paid to Contractor's employees or contract personnel Contractol' hires to complete the work under this Agreement.
3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION
Contractor is an independent Contractol', not a County employee. Contractor's employees or contract personnel are not County employees. Contractol' and County agree to the following righ1s consistent with an independent Contractor relationship:
a. Contractor has the right to perform services fol' others during the tenn of this Agreement. ·
b, Contractor has the sole light to control and direct the means, manner and method by which the servkes requlred by this Agreement will be performed,
c. Contractor shall not be assigned a work location on County premises, and Contractor has the right to perfonn the services required by this Agreen'lent at any place, location or time.
d. Conlractor 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 perso11nel shall perfonn 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 hiJ:e, supervise or pay any assistants to 11elp Contractor.
g. Neither Contractor 11or Contractor's employees or contract personnel shall receive any trnining from County in the skills necessary to perform the services required by this Agreement.
h. Co\mty shall not t'e(jllire .Contractor or Contractol''s employees 01· contact personnel to devote iltll time to performing the services required by this Agreement.
Further, Contractor hereby ce11ifies:
i. That Contractor is not an employee of County and thereby Contractor waives any and all claims to benefits othenvise provided to employees of tl1e Cou1tt)•, Including, but not limited to: medicalJ de1ttal, or other personal insurance, rntirement benefits, unemployment benefits, and llability 01· worker's compensation insurance.
j. Contractoi: must provide Federal Tax or Social Security Number on required Form W-9.
k. That Contractor understands tliat he/she is solely responsible, individually for all taxes and social security payments appllcable to money received for services herein provided, Contractor underslands that an JRS Fom1 1099 will be filed by the County for all payments received.
4. INDEMNIFICATION ANO HOLD HARMLESS
Contractol' shall save. hold harmless. and indemnify County, its officet'S, agents and employees. from. and against all claims, causes of action, 11abilitles, expenses and costs, including reasonable attorneys' fees, for injury of 1my person 01· damage to property arising out of, or connected with, work performed under this Agreement which is the result of any
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l'd
acts m· omissions, whelher negligent or otherwise, of Contractor, its officers, agents. subcontractors or emplo)•ees.
5. INSURANCE
The County shall not be required to purchase, any insurance agait1st loss ot· damage to any persortol property to which this contract relotes, nor shall this contract (equire the County to establish a "self-insurance" fund lo protect against any such loss 01· 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 Joss or damage to any personal property to wb ich Contractor holds title.
6. O'\\'NERSlUP OJi' PRODUCTS/DOCUMENTS
Contractor hereby assigns to Co(mty 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. TER1\UNATJON DUE TO LACK OF FUNDING APPROPRIATION.
Shawnee County is subject to the Kansas Cash.Basis Law> K.S.A. lO~J 101 et seq. If, in the judgment of the Financfal Administrator, Audit-Finance Office> sufficient fonds are not appropriated to contlttue the functlon perfonned in this agreement and fo1· the payment of the charges hereunde1·, County ma)' terminate this agreement at the end Qf its current fiscal year. County agrees to give written notice of te1minatiou 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, ta take possession of any of Contractor's equipment, leased or othenvise, provided to County under the contract. County will pay to the Contractor all regular contractual pa}•ments incul'red through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon tennluation of the agreement by Co\ll\ty, title to and possession of any equipment purchased by the Coun1y tinder the contract, but not i\LHy paid for, shall revert to Contractor at the end of County's current fiscal year. The termination of the con1ract 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~JOOI et seq.) and the Kansas Age Discrimination ln Employment Act1 (K.S.A. 44-1111 et seq.) and the applicable provisions of the Arr)el'icans 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 01· employment in, its programs or activities; (b) to include in aU solicitations 01·
advertisements for employees, the phrase "equal opportunity employers'; ( c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S,A. 44~1 J 16; (d) to include lhose provisions in every subcontract or pul'chase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas
3
S)! S)(OIIJW1;:J
Human Rights Commission, such violation shall constitute a breach of contract; (f) If the contracting 11gency 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 1he County. Parties to 1his conlract understand thnt subsections (b) through (e) of 1his 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 othe1wise effective unt!I the required approvals and certifications have been given and this is signed by t11e Board of County Con1missioners of the Co\lnty 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 jmplied warranties of merchimtabiHty and fitness for a paitioular 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 1his document on behalf of the Contractor an.d that the Contractor agrees to be bound by the provisions thereof.
12, TERMINATION OF AGREEMENT
This Agreement may be terminated by eithe1· patty by giving the other part,' wdtten notice of the intent to tenninate. The notice must specify a date upon which th.e termination will be effective, which date may not be less than 7 calendar days from the date of mailing the notice. Only servlces satlsfactodly perfom1ed up to tl1e date of receipt of notice shall be compensated by County and such compensation shall be pum,ant to the tetms of this Agreement. Notice shall be deemed received 3 days after mailing in the United States mail, using first class mail, postage prepaid,
13. MISCELLANEOUS PROVISIONS
a. This Agreement shall be entered into in Shawnee County> Kansas, and shall be construed and interpreted according to the law of the State ofKansas.
b. AH 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 addi:ess as stated In this Agr~ement. ·
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c. Contractor shall comply with all federal, state and loc111 laws requirlng business pennits, certificates and licenses required to carry out the services to be performed under 1his Agreement.
d. Contractor may not assign any rights or obligations under this Agreement without County's priot' written approval.
e. This Agreemellt 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, illegnlity, or unenforceability of any provision of this Agreeme11t or the occut-rence of any event rendering any portion or provision of this Agreement void shall in no way a fleet 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 con1ain the particular portion or provision held to be void,
g. Nothing in this Agreeme11t shall be construed to give any l'ights or benefits to any011e other than County and Contractor.
IN WITNESS WHEREOF, County and Contractor have execuied this Agreement.
ATTEST:
COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS
-----------, Chair
Cynthia A. Book, ShawMe County Clerk
CONTRACTOR
Tah1~-· Address / ~ & 2./ tU </ 7 tf;t;; 3 Date: _01__._/ _/ C//,._f _~ __
5
Approved as to Legality and Form. Date r:- 'l:-1--.f' . , - n ..
Y-~ Asst co.·cow:rstLor~
g'd ~6660~£~~6
6/24/2010
• ff'J)rlnUng ond mnlllng yom' con Imel to us, J>lenso mnil lo: IS621 W&7th S'rfft53 Lenexa,KS, 66219 FAX: 913-3 I0-999 l
Blll/11g lnfornwlfon Shawnee County Parks & Rec Josh Sturm 3025 SE Croco Rd Topeka, l<S 66619
Home Phone: Cell Phone: (785) 600-9029 Office PJ\One: (705) 251"2612
Dellve,y Location Bettis Family Sports Complex S0cce1· Field Josh Sturm 3025 SE Croco Rd 'fopeka, l<S 66619
Name
21-fl (16x12 Vlewabte) Premiere Movie Screen
All ProJec!lon, Sound & Cables
Tip Your Host for Great Se1vloel
Weather Assurance Plan {Sun-Thu)
Orclsr subtotnl
Dlsoount
Surohnrgtl
Ca)ltatl tor Lead IDll 1'!03580
OJ'derNo: Order Date: Rep:
screen Rental Date: Arrlvol Time: Movie Start Time: Movlo gnd Tlmo:
Delivery Method: Surfaoa lype:
Q(y Total
1 $599.0C
1 $0.00
1 $0.00
1 $0.00
$699.00
$0,00
$0,00
hllps:IAw,w.lnOetableolflce.com/qoo\oo/cootract.php?lewJid"Hrosoo&c-011\00Ud"241741&custcoottacUd"8'1©16
1403580 4/14/2016
Deb Caldwell
7/30/2016 8:00pm 9:00pm
11:30pm
Fully Staffed Artificial Turf
1/6
6/24f20!0 Cootrool rcx Lead 10/11-<IWiaO
Dellve1y $30.00
Staffing $0.00
Total $020.00
Amount Paid $0.00
Balance Due $620.00
ftonso Note; Fino] Dolou~es nl'e clno 14 tlnys 1wI01· to )'Qm' cyc11t dl'lfc. Yo111• t·ese1·\'atlo11 ls nol confii·motl In 0111• system until wo luwo rccetved you1· signed contl'nct (cllhe1· on lino, fax 01• urn 11).
CoolrMl for Le.ad llJJJ 1<103580
Out' goal is to wovlde you wit11 fric11tlly, profcss!oUAl & qua lily service. We prefc1· 11ol to provide you n lisl oflegal !enninology, ilowcvcl' !hero al'O faetor:J b1iyond both ourcolltml n1td yom·co111rol, snolt os wenthenmd emergencies that may arise before ordudng yom'iWClll, We nfso understand emotions n1ny como into piny siuce this may be n special day. If fnclo1s arise and we cRll't mutually 11g1-eo on t\ ih11· 0111comc1 lhcn the tenns 1111(\ conditions \Willen hot~ m~ the 011!y nccep!nble teni1s of negotiation. Dy making yourdcposil pny1110111 or payment in Ml, you nro ngrcclng lo lheso tenns and condltfons described on the front lnvolcotmd below. Plenso re!\d tho followlngnnd feel free lo coif a11y!lmo with queslions or conccms.
PEPOSl'l'S & FINAL 1iAYMENTS
· DEl'OSITS1 An illlllnl deJ)osft 111 lho flll\ount of 50% ofyot1L'evcnt totnl ls 1-eq11 lrc<l to conflnn yonl' event dnte nlong with n signed copy of this conlmcl, This de11osll is 1101Hofm1dablt, inside 21 <lays fl·omyom·evont <late, The final bnlnnce fo1·you1· equipment 1~11lal Is due 14 days t>rior to event dato. Forrosowl\tlous mndo Jusi<le 14 <lnys, the full pnymeulis due (o confhm the rese1valio11. Yom da~o Js N01' CONFIRMED unless we hav<i received your deposit l\lld signed cont met.
I1JNAL PAYMEN'l'S1 Yot1rsorec11 re11tnl Is subject lo cnncellntion lf,ve hnve nol received your linnl.1>11ymcut 14 days 111'ior to your event. Jfyou ,.m1111ot111ako thollnal payment at lMst 14 days prior to yo1weve11t dnle, please noli{y ns so that we ca11 nmke ol!emnte 11cc¢1>tnblo pnymc11t 011'1111gcmo11ts, oi·crtneol youi· resowntion ill our sys fem. 'fl1erels n $35 clm•gc for nit retumc1l cllccl<S,
CANCELLATION FER POLICY
We nlwny,! glvo yo116 full mouths to 1·cscl1c<11110 yom• ,wont dnloJnshm<I of fol'foltlng 1\mcls
Cllllcclll\lion Inside 14 Days from E\'eul Date NoRcfimd
C1111cellntlo11s l5-29 Dnys from Ilvcnt Dnte I/'}. ofDeposlt Refhnded
Cancellnllons 30+ Days from nvc11t Date l?ull Reftmd, Less a $39 Fao
RESCHEDULING FEE POLICY
We sell outt111lcluy 11ml oflcn mo.n!hs In n1lvn11ce. Wo do not 11ovc1·bMl<11 om· sct·cc11$ 01• dnl~. Wltou you 1'cso1'\'0 ,,1111 us,you nrc holding n dnlo nnd sc1·ccn lhntwo enni1ot soil to somco110 olsc,
Tltlsfoo pollo~· docs not nmily to weathei· relntecl 1·eschc<l11U11g, Wontllo1· 1·0Intcd 1·csched111l11g cnn only bo done !he 111,y ofyom• event, notswc1•nJ <lnys In ndvnnce (see Weollte1· Polley IJolow)
Rescheduling Iusltlo 14 DR}'s from Event D.'IIC $149 J?ce
Resched11l111g 15-29 Dnys from Evenl Date $99Fee
Rescheduling 30+ Dnys from Ilvenl Dale $39 Fee
hllf1$:/AwN1.1onatablecm~.c-0m/qootes/cootract.~ip?!eadid"i4005SMcontooUd"?A1741&custC()(llfOCUd"846046
conveel ror t<iad ID# 1403580
JNFORMA'l'JON & TERMS Jtm· 111ovle rental package co11slsts of (I comp/ale outdom• f/Jenta1; i1Jc/udf11g delll'mJ~ sat-up & re111ow1l, tmd l/<1bfll(I' 1!1s11m11co cow1rl11g 0111' eq11(J1111q11/ <11111 se1vlces.1l}Ne11<1/)• F1111 Flicks 1ec/mic{I/ Hos/ will p,·ovlde you with Cl'OJ)•lhl11g you see 1/s(cd here:
o G/({11/ l11jlllf(lb/e Movie Scree11 ~ LCD High DeJl11illoJ1 (HD) Pmjectio11 • Amplified CoJJCIJ)'{ Grade Speakers • ll/11-my Plnya,· o S01111d Mfxe1; lnclttdi11g Mfcrop!Jo11e . o SJmulard Re11tal 'l1111e is 2 1/2 Hours (ask about 01wD011b/e J?ca/11re to m<1ke It S ho111;f/)
Sci·eeu Si-ies um/ J>t·()jectl<Ju 1Jitif,111ces 1(J.joot screen: :W' Tall x :W' Wide x 4' Deep-~ Md 101 for Projector Table 06:9 Wl<lescree11} (9x5 V/e1w1/J/e are(I) :1.6-foot screen: 16' Tall x 16' Wide x :12' Deep+ Add 12' for Projector Table(4:3 Full Screen) {:12X9 Viewable area) J * 21·/oot screen: 20 foll x 21' Wide x 1.6' Deep+ Md 15' for Projector Table{4t3 Full screen) {16,112 Viewable area} 26·/cot scree111 20' Toll x 26' Wide x 21 'Deep+ Add 25' for Projector Table(;t619 Wide screen} (20x12 Viewable <1re<1) ll'<i p/(lce n large fm7, 011 f/Je grotmd Jhal Is cq1wl to tho ab<H'O ,li111c111$/Q11$. Tire ln./laled scree11 w/// sit 011 tl,e Imp. T/1c sowul s,vslem sits just /11/i'<ml o/Jl,o screen at /1,c comers. '11,e projec/orwlll sll 011 Olll'projecl/on l<lble (IJ)))1'0.\"lm11tely JO~SS feet h1.flm1/ of, or behl11d ///tJ sc1~c11 (fo,• J'etll'J>1'0)octio11), depcudh1g 011 scrco11 size. Tlio p1"0jec/or f(lb/,J Js 1101 tall mu! )'Olll'g11eMs cm, sll f11jr011/ n.f, bellind m• beside tltc pl'Oject<JI' tabla. Tllo sc1-ccu Jl'll/ NOTjlt 1mdo1• mosl aw11fllgs, J}@llfon.v or 111m1y trees due to lite helgltt.
EV!i:N'l' DAVBESPONS1DILI1'IES
l, REN1'AL Pmnon: Plcnsc vel'lfy the Movie S1u1t Time on you!' lnvoico. This ls when wo shut tho movio or c11to1tni11111out you provide. Ifyou desire lo ~hut l1'1te1;i,leaso lnfonn ns when we c1ill you !he mo ming of}'O\lrevenl. You1):lost Is oxpeoling n 2.5 bout· ovont (not lnolnding selup/brnnkdown time). If you slnl't Int~, nud you!' show l'Ull~ lnh', you 1wo ng1·eelng to lllt exfm1slou ofyoul' 1•cut11l ngr(!Oll\Clll stm•(ing wlth tho 15th mlnuto nf!el' yo111• scheduled end time ntn 1•olt ofSSO ptW 1/2 !lOm', "1th a 30 mhmte mlnl11um11 uo 1>1·0-1·nffug.
2-. EVENT DAY CONFllU'rJA'flON CALL: You mus! be nvnilnble to tnke 0\11' onll bctween 9:00 AM - 1:00 PM so tllnt we 111111
couunn your OVl)llt with you ve1hally. This call ens11res you that we have not forgollen your fimotlon. \Vo will also <llscuss detolls nbout yom ov-Ol\t Ho$t and we111ber, We n1•0 not nblo lo <1ts1>1\fe11 om• FunFllclcs Uosl, unless wo stionlt wUh you nncl couflt•m ~·0111· event for thflt <lny, YO\l can 11greo to receive a text message conflm1nclon 11'om us i11 lieu ofn phone cnll, ifwenlher is "nice" fol" lhe dny ofyo11r ovonl (less thnn 20% chanco of min and wlnds forecasted less than 12 MPH)
3. FUNli'LICKS HOST ARRIVAL: Y<l11r FunFllcka Host wlll !'111ivo n1i1n-oxlmnto!y I hour ucroro Movie Shut Time lndlc11ted nt tho top of this co111met (1.S l10111'S pdol' forPopcom Evon(s). i'ourF1mFlicks Host will call yon npl)roximntely 30 mlmites-2 hours boforo this ml"ival time to fotroduoe himself/hemelf 11t1d l'evlew driving directions. Somelimes n l-iost mny be delnyed duo t6 lmftlc nnd other circnmstflnces. :Wo <1Q111t cous1t11i1• o Host Jnto uu]m flto n11)}'fo clld UM,Wtl'toJl tt111e, Jfyou1· Host ls nmnlng behind, he/she will cnll you et1-ro,1to to keep yo\l info1111cd of'ntrivnl time, Unde1~h\lld, this eq,1!1)lne11t cnn bo set 1111111 ns lillle ns 30 minutes, \Vo loll the Hosts to anivo I hour prior to sl1ow limo to nllow for miy omorgonoies 01· problems with your set-up location, etc. There ls bufierroom lo allow tho Host to havo II complete set-up 1\lady by the ofl1ofnl Movie Sta11 Time Indicated 11! the !OJ> of this con Imel,
3, FUl\'FLICICS JIOST RESPONSIDILITIES: Yo11rF1111Flfoks host is J)mvldcd to dcllvo1· & setu11 equipment, change media, connect gnming cons.oles & sc1vo popcom (where npplfonbfo),mnke ndjustmcnts 1111d broakdo,\11 equipment at the end of your rental pe1iod, Onr l1osls love to help and will do just nboul anylhlng to m~ke yom· 1w~11t grcnt (and can! a tipl), b11t-11lcnso l'ofinln fi•om nsklng !Item lo Ile n referee>jnnltor, MC, b11bysl!leri li111ekeepe1; lifeguard, wn!le1·01·othei·nollvllles 011tsldo thoh'pr!mmy dutlos listed horo.
4, PAlU{ING & UNLOAblNG1 C11s1ome1· mus1 provide 011 nrea for prnking nnd unload Ing wilhlu n rcnson11blo dlsta11co .fl-om eq11l1m1e111 seh11) locntion, iMh1dlng any 11en11lts or 1>nsses needed. We ore not responsible for a foto slnrl limo 1f onr host Js required lo \lllload from (I fn1•di~IAIICC,
5. SETUP & DREAKOOWN OFEQlJIPMENTi Customer is not to move the eq11l1m1e11t in any foshlon olhe1·thm1 1t,se11!11g medfo Jnlo DVD/Btu-my plnye1; pushingplny/stoµ buttons, tuming 1)l"ojeotornn/offo1·ndjusting volume. Ct1s!o111ernssttntcs the risk ,md . 1·es1>011sllllllly fo1· dnmnge fu1· all 011101· notions. In the cvo11t of min, wo wlll need to move ond/01· covo1· equipment to 1frotee1 it from wn<el' di111111ge.
6, SCREEN LOCAT10N1 SIZE & SURFACE 1'YrE1 You nteresponsil>lo fol'cusuting 0111·sc1-co11 will fil al yom· locall<lll, Please refel' to the Screen Sizes &.Projection Distances abovo. \Vo nom1ally seonre om· 11creens by placing :.lakes In tho ground nn<I seeming l"OJ>M !O lhescreell, If your event is hold 011 concro!o orothornnface !hal wlll not 11cce1>I slnkos, )'OU \\ill need lo 1,rovi<le welghfe<l llolll$
https:/Awm.lnllalabfeo/ffce.ccm/qoo~/ccn!fac\.php'l!aadld,.1403!i&i&conlecUd"24174f&costoonVaoUd=8460f6 -4/6
Coolrl!Cl (0( Lead 1Dil 140$500
to tlo off lo, nxam1>fos would be 35-50 g:\llon h"ash o~ns filled with w11to1; largo co11crelo dnderblocks, anything tbnt weighs 50,i.Jbs, \Vo would l'eq11lre 4,8 W¢ighted llems de1iendh1g on wlud Iha! nigh!. Iflhet-o ure s11ri11klcr systems in tho a1~11;iilcnso ensure they nre tunted off for lho dumtion ofyourrentul 11eriotl. · · · · · ·
7, LIGHTJNGi Make sure there is the fonst 111\1011111 ofllght possible Ju lho arqa whore tho $Cl'c\'ln wlll be locnlcd .. Becnuse 011r soreens n1~ cn11able of both Ii-oat&. rear 1>roje0Uon (101 & 16' ONLY), nny Jighls bohind tho screen will bo sccn 1hro11gh the screen d111i11g yo11r film. Plense kee11 this ln mlnd wb<H\ sol cc ling a loc:ntlon for your screen 1\lntnl.
8, ELECl'RICAL imQUIREMENTS: You must 1mwide 111 Ovoll/20nmp elec(lio <lirc·111ts/brcnkors. For dlslnnco over J 00 fl from screen setup loca!lon, yon must nlso pt'OVl<lo 12 gauge oxtcnsion cords. \Vil pravido tho firs! 100' ns pnrt ofo111· se!u1,, Screen IMntion can be no ft11ihe1· thtm 300 ft sinco yom· bttakol'will likely !rip due fo such 11 long c:onl mn. If you JHovldo n gcncrnto1, n model with 3500+ watts irnd 2 so1>n1"l\to brenket/circuils ls required. We nro not responsible for power issues mising from !rh>pod brcnkonl 01· ffa customer provided ge1101\"lto1· wl II nol power om· equlpmenl.
9, CUSTO!\lll:R PROVIDED l\')l.;:})Ji\: You ore responsible foqu·ovidlng a commo1u!nl DVD or BhH'lly disc fo1•yo\1rovent. A. We me not responsible for custom bu med non colllmercial media that docs notwo1k ht our cq11i1,mcnt, n. Any p11bllc 1ie1fonna11co I icen:.es associated with 1111y movlo 01· mcdln to lie played or any olher po1111its required by imy reg11f11lio11 ore the solo 1~Sjl011Sibfllly of !he l)USIOlllCl~
JO, NON-MOVIE EVENTS: Jfyou are using otll'equlpment tbrsome(l1lng otherthnn 11 movlo, plonso noto tho following: .
n. Ll\'e 'l'V Eyculs: Custome!'ls 1-esponsible for 1)1"0Vit.ii11g n ft1lly f\111ctiounl cnblo orsntollilo box ox tended to lho locn!lon where om· 1Hojectlo11 labfe wlll bo setup. Livo TV Eyents rnquire nn nddilionnl $99 ohmgo l\s pmt ofyotu· i-esetvnl Ion.
b, Vldco Gni11l11g EYonls: Customer ls rosponslblo for providing 1111 video gmno consolos, gnmes, contmllors and nny other equ!pmentuccd to J>lay. F1111Flicks is providing tho n<lnplcr:1 nccd 10 co1111ccl >'om· gnmi11g console lo our projeolion and sound S}'Slem, Tlte use of\'!dco gaming on our sys!om ony limo dming yourovonl rnquims tho J)Urohnse riftho Video Grune 011tio11 as J>mt of your 1\!SotVntion. NOTEt HDMI cmuieotions nre not s11ppo1ted nnd your game syslom 11ms! hnvo RCA com1eotlo1is to work with om· systc111s. ·
c. Laptop/PC Conneatlons &Jl1•os<mfntlo11s: Ourproj ectlon S)•staius s11ppo11 VGA eomtaclions for vkloo. Cnstomcr is responsible foq)l'Ovidli1i n working lnpto1>/PC with n VOA co1111cctio11, Wo nro not responsible for lncompntibiil!y wilh your system, sofiwnre orconnect(()l! !y11cs.
1 L CUSTOi\IERRESl'ONSIDlLITY: It ls the custome1'sFULLRESPONSIB1LlTY to ensure the snfoty of Olll'host & eq1.11!1me11t, and wlll bo ltold 100% llnblo fol'<lnmngo duo to rcckless11ess, vandnllsm, neglect, acoidenl, sprinklel'syslcms, or forwltatevcr ronson will ho tlto rcs11onslbillty ofl11divid11nl/eompany listed on out· invoice us Customer. Full pnyme11! fo1·dnm11ge lo equl1>111ent 01·
illbor forclcairnp will bo expected wllhh1 7 days ofyou!'event. You will be clmrgcd a minimum fee of$1SO sho\1ld sprinkler systems come 0111111d get our equipment we!. This c1;1vc1\! our time for olenning 11ttd dtyJng nil eqhipme111. Yom· nctunl chmge mny be higher once we detennlno actual dami1gc to our eq11i11mout.
WEATHERPOLICYi
Wo DO NOT 11ost110110 yo111• C\'ent fol' we11!11c1• 1·clnfccl 1·cnso11s 11nm Ole dn~· ofyom· c\•cnt,
Wcnlhcr prcdlclions chn11go (often!) ••• we wnnt lo give you the O))!)Ol1mllty to hnve the event, so we do not allow wcl\llter related cnncollnt!ons orn,sol1ed111lng unlit lhe d11y ofyom· cvent. lfyo11 do reseheduleyo,u·eveul prior to the day oryourrental, yott wlll bo 1~qulred to l>nY n J'escheduling 01·cm1cellnllo11 fee (see Fee Schedufo).
tf0%+ CHANCE OF J1AlN1 lf!here Is n 40%+chm1ce of min or if winds nro forccnstod lo be 12+ MPH fol' the pe1iotfs1ur1lng two ltomll before, during and lwo llou1~ nfte1·yot11· even!, we rese1ve to the 1ight to 1>ostpone yout' 1\lutnl fo1• lhnt dnte In orde1· pmte<11 om· cqufp1t1011t nnd the 8llfely ofoul'hosts. We 11lso rese1ve thorlglttto sotu1> oursercoa pnt\\llol to the wlnd l'cgordlcs~of\~ltcro 011slonierwo11ld like 1>hlcement1 In order lo 111i11lml2e 11ossible wind dmnngc lo om·screcus.
LESS THAN 40% CHANCE OilRAIN: We will mullmlly discuss nnd agree to proceed or11ostpono.11sing lho Procccd/.Post11ono Weather Oplions llsM<l l.lolow.
l'ROCIIED/POSTPONE WEATJJBlt Ol''flONS: It ls ogreed l.Jy L>oth 11aitles that www.won1hcr,con1 Is lhe tool 11sed to vcdfy won1ho1· porcentngcs. Simply vJsU www.wcntlmcom the·momlng of your screen 1-e11htl. Put 111 yom·zl1, code 11nd click hom~by.J\om·. This Is !ho only 100[ we uso to predlol tlte wcnlhc1: You hnve 11ntil 3:00 PM on the day ofthe event(JO 1\1>,.f fotout of town events) to mnko II final dee!slon, usiug tho follow1ug fonrnptlons:
llllps:/Av.vw.lnflata!Jleof1lco.«>n1/quo!es/eonltact.php?leadld~ 14035008.co.1lacUd,.241741&custcootracUd::045(}1B 616
6/2412010 Controol ro, Lead IOI/ 1400580
1. Move :,•om• e\'eut !11<1001<.s: (keep fn mind ou1·sc1-ee11s 111-0~ n11d will not flt In most residences). Ifyou movo y:0111·ove11t indonm nnd you need to move down In screen size in order lo fil yom· nval lnblo locn!ion, there are no rellmds 01·disco1111ts for chnngiug screen tizes due lo wenlhe1· nud indoor t'l?quiremen!s1 mid smallel' so1tons flt'¢ subj col to nvnllal>illly.
· 2, Poslt10lle/Reschedulo: You cnn reschedule your semen rcntnl i11 nccor<li1nce with the Went her ARsuranco Pl!Ul chosen dming your rcscrvntion (\Veekdny or Weekend).
3, Tlll<o Y(nll' C!1n11ces: Tfyou choose to lrnve our host dispnlohed lo your location nnd wo on11110J co1111>leto yourove11l duo lo JlOOl' wenthc1· conditions, you will not receive a refimd and ru1othe1·eventwill not bo sohcd11led, This woul(I eons1irnte your event!
4, Pi·oceed WHlt nncku11 Pinn: We wlll dispatch 011rl1os( 10 your locatio11 n1 youneq11esl, with the following ngrecment in place, Sho,1ld your event be cut sho1t (less !hRn 1/2 way lltrough movie) d11<.1 IQ wc11the1· once om· host has l>con dlspnlched, you agree lo }lny II hos! fee ofSl 49 nlong with your orighrnl mile~ge charge, 1111cl wo wlll 1'<ischcdule yo111• ovont in nccordnnce wltll yom· selected Weather Assurance Pla11,
Funllllcl1s docs not1·01\111<l oyentpn~·monls hi cnse ofwcn1Jto1• rolalo<l cnuecllnttons, Yon wlll Juwe 6 mouths to i·eschedule yom• mo\'le sc1•ccn 1·e11tnl Jn lllo cns<l ofhtclement wenthei; Yom· 011Hons for 1·cschcdulo doles n1·e governed by tho We11Uter Ass111·RMO l1lnn lltntyou chose nt !he time ofyoul' llooldng, RESCHEDULE DATES ARE LIMITED TO SUNDAY-'l'HURSDAY \lltll'.lss you J>lll'Cltnsed nn 111>grn<le to Ille we~l<cntl Wcnt11c1• Assurnnco Pinn nt tho lhne}•ou mndoyom· rcsc1•\•111lon.
MALFUNC'rIONING EQU1Pi\'IENT: Ifthe equipment malfi111c1ions 01· flllls ns n result ofnonunl use during nn ovont, FunFJlcks will allempl to roplaoo tho equipme11t wilh slmilnrequlpme11t in good wo1king 01·clcl' ifnvl'lilab!e1 ns soon as poss lb le. Fu11Flloks Is not rosponsiblo for any inoldcn1nl1 conseqnentlal or omolio1ml dm11ogcs c1111sed by (loll\}'s, cqnl))ment mall\u1clion orothe1wlso. Fun Flicks wlll 111nko ove1y attempt to p1·ovlde n succossl\tl screen rcnlal fo1')'Qm· funotlon, All equipment is uewancl 11ndel'wal'nutly foryom· t1ss,11n11co • howovot 11\efe Is ahw,ys n risk ofmnllimctlonfng equipment. Fu11Fl!cks will not bo llold resl}onslble for n cancelled or lnco1uplccc funclion, other thnn nresoheduled event (subject lo ovnllnbilily) should 0111·cqnipmenl r.11 and you do no! get nn event on yonr sohedulcd dale,
COMPI,E'l'E AGREEI\1EN111 'l'his signed Agrccmcnl con In ins lhe enliro ngreemenl between tho Lcssol' nncl Ute Leiisee. No mucndment,
whether from previous orsubscquenl 11egollaliMs between (ho Lessee 1111d tho Lesso1; sh11II be vnlid or enforccnble unless !11 wrlUng and slg11cd l>y nil p11rtic11 to this cant1net. The lnv111idlty 01·uncnforcenblll!y ofn11y pmtlculnr provision oflhis Agl'cemenl shnll l\01 aflbct tho other pmvisions hereof.
This cont met, 1\f\er slg11l11g, Is n legnl n11d l>111dl11g oontmcl.1'o cnncel or resolted11le, suftloient no!loo mus! be given in accordance wlth !ho tcnus outlined In this contmct. Any rescheduled oveut Is subje-0t (o nvnilnhilily at !h~ lhne of enncellallou or Jloslpo11emellt,
Signatul'c
Josh Stu1•m Prlnted Nnme
I HAVE. READ nus CONTRACT AND AGREE & UNDERSTAND THE CONTENT,
Date
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Funflioks KS
ATI'/\.CHM&'/TTO SlL\W::'IE:ECOUl'!TV CONTllAG'T C ___ _
COi-TAACTUAL PROVISIONS ATTACHMENT The undersigned parries agree that the following provisions i® hereby incorporated into the contract to which it is attached and mad~ a part theroof, said contract being dah:d the ___ diiy of _______ ___, 20_.
!. TgRMS HEll[l'N CONTROLLTNG PR0\1SIQNS. [t is expressly agreed that the tenns of each and every provision in this attachment shall prevail and control over the terms o.f any other conJlicting pro,ision in any other documem ro!ating to and a part oftflc contract in which this attachment is incorporated.
2. AGREEMENT WITH Kt.NSAS LAW. ft is agreed by wid be1wcen the undersigned !hat all clisputcs and matters whatsoever arising under, in conn~tion with or incidem to this contract sbHIJ be litigated, ifat all, in and before a Court located [11 the Stato of Kans~s, U.S.A., to the exdusion oflhe Courts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to the Jaws of the State of Kansas.
3. TERMT.\'ATION DUI': TO I.ACK OF FUNDING. APPROPRIATION. Sha.,,,nee County is subject to the Kansas Cash B~is uiw, K.S.A. HJ-I WI el seq. II, in ttieJu(!gment onne nnanc1a1 Arlminislrator, Audit-Finance Office, sufficient fonds are no! appropriated to eontintie the function performed in this agreement and tor the paym,mt of the cliargcs hcre\lnder, Coun1y may tenninatc this agreement at the: end of its curr~nt fiscal year. County agrees to give written rn:,lice oflennination to contractor at foast thirty (30) days prior lo the end or its current fiscal year. In the event thi~ agr~cment is 1ennina1¢d pursomit to this paragraph, County will pny to tho contraccor all (egulo.t contracma! payments incurred through the- end of such fiscal year. The termination of the contract pursuant 1o this pamgraph shall not cause nny penalty to be charged to lhc County or the contractor.
4. D!SCLA1~1ER QI' LiAlllLITY. Neither the County of Shav.nec nor any depanment thereof shall ti old hann less or indemnify any contractor for any liabilily whatsoever.
S. ANTl•DJSCRJMINATJON C'.LAUSl';, The conrractor agrees: (a) to comply 11~th the KansllS Act Again~t Disctlmination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-11 l l el seq.) and the appl icablc provisions of lhc Americans With DLsnbilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discrim inatc against any person beesuse of race, religioo, color, sex, disahilily, 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 adve11isements far employee~; rho J>hrase "tqual opportunity employer"; (e} ro comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1 J 16; (d) to inctuce those pro11isioi1s in every subcontracl· or purchase order so that they aro binding upon such sL1bcontractor or ,-endor; (e) that a failure to comply with th<:: 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 rhe CMtracting agency determines that the contractor has violated npplic:able provisions of ADA, that violation shall' constitute a breach of contract; (g) if (e) or (f) occurs, the contracl may be cuncclfcd, tenninnted or suspended in whole or in part b)' the County. l'arties to this contract understand that subsections (h) through (e) of this paragraph number j are not applicable to a oontractor who employs fewer than four employees or whose contruct will• th<> County total, $5,000 or less during this fiscal year.
9133109991 p.1
6. AC,.F.J>TANC£ OF CONTBACl'. This contract shall not l)e considered accepted, approved or otherwise effective until the r(quircd approvals and certifications have been given and this is signed by the Board of Co1.1ntyCommitsion&rSQ!"'the.Cc.untyofShau10~.K:=1n<ua----------
7. ARBITRATION. DAM.\GF:S. WARRANTrns. Notwithstanding any langvage to the contrary, no i11torpre1a1ion shall be allowed to find the County has agreed to binding lU'bitration, or the payment of damages or penalties upon 1he occ1111"ence of a contingency. F\lrther, the County . shall not agree to pay aitomey foes and late payment charges; and 110
provisions will be given effect which .attempts 10 exclude, modify, discl~irn or otherwise iittempt to limit implied ~vammtics of merchant.ability and :601ess for n particular purpose.
8.
9.
REi'Rl!.SR:Nl'ATJVE'S._~UTll'ORIT\' To CO!'."fRAcr. By signing <his document, 1!1e repreS-Ontntive of tho oontractor thereby represei1ts lhat such person is duly authorized by d\e contractor to e.'Cccute this document 011 behalf of the contrQclor and that the contractor agrees to be bound by tl,e provisions thereof.
R€SPON5mtLITY l'gR TAXES. The County shall not be responsible for, nor indemnify a contractor for,- any federal, stale or local ui..~e$ which may b" imposed or levied upon the subject matter of this oontr1W.
10. 1:-tstJRANCg, The County shall noL be required to purchase, any JJ"tSUnmce HgaiUS!. IUSSUI tli:Ull'1~Q' IV i:tllY ;.n;a~uucd r'IUJA.-lt.,Y Lv n-la~ .... h t.hi.J
contract relates, nor shall this contract ,~uire the Counly to establi,h a "self-insurance" fund lo protect against any such loss or damage. Subject to the provisions of tho Kansas fort: Claims Act (K.S.A. 75-610l et s~q.}, the vendor or lessor shall bear the risk of any loss or damage to any person~) property to which vendor or lessor J1olds title.
By;
Date:
BOARD OF COU~TY COMMISSI0N6HS SHAWNEE COUNTV, K-'I.NSAS
Michele A Buhler, Chair
Date:
ATTEST:
Cynthia A. Beck, Shawnee County Clerk
Shawnr l<ount:.a,.
recreation June 27, 2016
TO:
FROM:
RE:
Board of Commissioners Shawnee County
John E. Knight, Director\ \ Parks -t Recreation ~
Contract - Vendor Partners Recreation Division- Old Prairie Town
Board of Commissioners approval is requested on the three attached Independent Contractor. Agreement for Services with Jarrod Guth, Luke Broxterman, and Josh Hoover. All three individuals will be scheduled to provide entertainment services scheduled through the Recreation Division for separate sessions held July 30, 2016, at Old Prairie Town's Summer Sunset Concert. Past Summer Sunset Concerts have drawn over 300 visitors to Ward-Meade Historic Site and 2016 looks to be no different. The Master Plan calls for contracting with vendors or individuals who desire to share their service, skills and talents as independent contractors. One of the five (5) areas of focus to manage future partners is that of Vendor Partners.
Vendor Partners: Service providers and/or contractors that can gain brand association and notoriety as a preferred vendor or supporter of Shawnee County Parks + Recreation in exchange for reduced rates, services, or some other agreed upon benefit.
Independent Contractor Agreements are a valuable asset while meeting cost recovery guidelines. Utilizing such agreements allows the P+R Department to maintain working relationships with entertainers for community interest events in our parks. The individual vendors will be compensated $75 per session and funds for these services are provided through the Shawnee County Parks and Recreation Foundation.
JEK/blt JB Attachments
parks.snco~us · J
Shawnee County Parks + Recreation • 3137 SE 29th Street• Topeka, KS 66605 • (785) 251-2600
SHAWNEE COUNTY CONTRACT NO. C 2.} 'b -2016
INDEPENDENT CONTRACTOR AGREE:\1ENT FOR SERVICES (SH.6-\VNEE COUNTY PARKS AND RECREATION FOUNDATION FUNDING)
THIS AGREEl\tENT is between THE BOARD OF COUNTY COMMISSIONERS OF Tm: COUNTY O~· SHAWNEE, KANSAS. (County),LTH!: SHAWNEE COUl'ffY PARKS .AND
RECREATION FOlll~DATION (Foundat1on) and "'- 1 ~ B,., i:- ~,.-~._..._ {Contractor).
1. SERVICES TO BE PERFORMED
Contractor agrees to perform the following services for County and/or the Foundation:
Provides music entertainment for 2016 Old Prairie Town's Simu11er Sunset Concert.
This Agreement shall commence on ::, ..... \L _lQ_, 2016, and shall end on July 30, 2016, unless this Agreement is terminated sooner or extended in accordance with its tem1s.
2. PAYMENT
In consideration of the services to be perfom1ed by Contractor, the Foundation agrees to pay Contractor as follows:
Task Duties I Compensation . .. Entertainment Provide a music session (45 minutes) $75 per session
during Old Prairie Town's Summer Sunset Concert on July 30, 2016. Voucher
submiti:ed at the conclusion of the event.
Contractor shall be responsible for all expenses incurred while perfonning services under this At,,reement. 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 Contract01' hires to complete the work under this Agreement.
3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION
Contractor is an independent Contractor, not a County or Foundation employee. Contractor's employees or contract personnel are not County or Foundation employees. Contractor, Foundation and County agree to the following righrs consistent with an independent Contractor relationship:
a. Contractor has the right to perfom1 services for others during the term of this Agreement.
b. ContTactor 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 or Foundation premises, and Contractor has the right to perform the services required by this Agreement at any place, location or time. ·
d. Contractor will furn.ish 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 snail 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 and/or Foundation shall not hire, supervise or pay any assistants to help Contractor.
g. Neither Contractor nor Contractor's employees or contract personnel shaU receive any training from County or Foundation in the skills necessary to perform the services required by_ this Agreement.
h. County or Foundation shall not require Contractor or Contractor's employees or contact persoIU1el to devote full time to performing the services r~quii'ed by this Agreement.
Further, Contractor hereby certifies:
i. That Contractor is not an employee of County or Foundation and thereby Contractor waives any and all claims · to benefits otherwise provided to employees of the County or foundation, 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 I 099 will be filed by the County or Foundation for all payments received.
4. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall save: hold harmless, and indemnify the County and Foundation, their 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 cormected with, work perfonned 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
Neither the County nor the Foundation shall 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 or Foundation to establish a "self-insurance" fond 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 properly to which Contractor holds title.
6. OWNERSHIP OF PRODUCTS/DOCUMENTS
Contractor hereby assigns to County and Foundation all rights to all products, reports, documents, photographs, videos, darn, and drawings produced by Contractor as a result of its services lo County and Foundation during the term of this Agreement.
7. TERMINATION DUETO LACK OF FUNDING APPROPRIATION.
Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. It~ in the judgment of the Shawnee County Pinancial Administrator, sufficient 11mds are not appropriated to continue the function performed in this agreement or to fund any obligation of the County for the payment of the charges hereunder, County may terminate this agreement at the end of its Ctl!Tent fiscal year. ln such event. County agrees to give written notice of termination to Contractor at leasr thirty (30) days prior to the end of its current fiscal year. The tem1ination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or 1he 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 Empioymem Act, (KS.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 1210 l et seq.) [ ADA 1 and to not discriminate against any person because of race, religion, color, sexi disability, national origin or ancestry, or age in the admission of access to or treatment or employmem in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase ·'equal opporrunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 103 t and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that 1hey 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 (i) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County or Foundation. Pmiics to this contract understand that subsections (b) through (e) of this paragraph numbe1· 5 are noi applicable to a Contractor who employs fewer than four employees or whose comract with the: County or Foundation tornls SS,000 .or less during this fiscal year.
3
9. ACCEPTANCE OF CONTRACT.
This contract shall not be considered accepted, approved or othenvise effective until the required approvals and certificaiions have been given and this is signed by the Board of County Commissioners ofthe County of Shawnee, Kansas and the Shawnee County Parks and Recreation Foundation.
10. ARBITRATION. DAMAGES. WARRANTIES.
Notwithstanding any language to the contrary. no interpretation shall be allowed to find the County or Foundation ha\'·e agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, neither the County not Foundation shall agree to pay attorney tees and late payment charges; and no provisions will be given eftect ,vhich attempts to exclude, modify. disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a pru1icular purpose.
I 1. 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 any party by giving the other parties written notice of the intent to tenninate. The notice must specify a date upon which the termination will be effective, which date may not be less than 7 calendar days from the date of mailing the notice. Only services satisfactorily perfonned up to the date of receipt of notice shall be compensated 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 mai I, postage prepaid.
13. MISCELLANEOUS PROVISIONS
a. This Agreement shall be entered into in Shawnee County, Kansas, and shall be construed and interpreted according lo 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 staled in this Agreement.
c. Contractor shall comply with all federal, state and local laws requiring business permits, certificates and licenses required to carry out the services to be performed under this Agreement.
d. Contractor may not assign any rights or obligations under this Agreement without County's prior ,vritten approval.
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e. This Agreement constitutes the entfre agreement between tho parttcs aud may only he modified· or extended by a written amondmenc signed by the pnnies hereto.
f. The invalidity, illegality, orunenforceabllity of a1\y provision ofthls Agreement or the occurrence of any event rendering any portion or provision of this · Agreement void shall In no wa}' afiect the validity Ol'. enforceability of any other po11ion or pro,•islon of this Agreemem. Any void provision shall be deemed severed from this Agreement. nnd 1he balance of this Agreemen1 shall be constn1ed and enforced as If this Agreement did not contain the particular portion or provision held to be void.
g. Nothing in !his Agreement shall be conslrned 10 gi\'e any righls or benetits to anyone other than County. foundation and Co111rac1or.
IN WITNESS WHEREOF, Count}', Foundation and Contractor hn\•e executed this Agreement.
ATTEST:
Cynthia A. Beck, Shawnee County Clerk
FOUNDATION SHAWNEECOUNTV PARKS AND RECREATION FOUNDATIOl"i
COUNTY BOAlill OF COUNTY COMMISSIONERS
SHAWNEE COUNTY, KANSAS
Michele ,I\, Buhler, Chair
Date: ___________ _
CONTRACTOR
~~c·~~ :;.:;,--Prim Name; L ... fl .c A. 13 .,..o>.. ·/.c ,.."""'"'t\ Address: 3'"1o I J w i·~ r1 v..c. •
-.-i, (?::!: ''"" r re. s l, (., (., D L
Dale: o S - ~'I· J..b I iA
5
SHAWNEE COUNTY CONTRACT NO. C a.ia -2016
INDEPENDENT CONTRACTOR. AGREEMENT FOR SERVICES (SHAWNEE Co~TY PARKS AND RECREATION FOUNDATION FUNDING)
THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF SHAWN.EE, KANSAS (County), THE SHAWNEE COUNT\' PARKS AND-
RECREATIONFOUNDATION (Foundation) and Jarrod Guth (Contractor).
1. SERVICES TO BE PERFORMED
Contractor agrees to perform the following services for County and/or the Foundation:
Provides music entertainment for 2016 Old Prairie Town's Summer Sunset Concert.
This Agreement shall commence on~t.lJ .2Q_, 2016, and shall end on July 30, 2016, unless this Agreement is terminated soone or extended in accordance with its terms.
2. PAYMENT
In consideration of the services to be performed by Conh·actm\ the Foundation agrees to pay Contractor as follows:
Task Duties Compensation Entertainment Provide n music session (45 minutes) $75 per session
during Old Prairie Town's Summer Sunset Concert on July 30, 2016. Voucher
submitted at the conclusion of the event.
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 or Foundation employee. Contractor's employees or contract personnel are not County or Foundation employees. Contractor, Foundation and County agree to the following rights consistent with an indepe_ndent Contrnctor relationship:
a. Contractor has the right to perfonn services fol' others during the tenn of this Agreement.
b. Contractor has· the sole right to control and direct the means, manner and method by which the services required by this Agreement will be performed.
c. Contractor shall not be assigned a work location on County or Foundation 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 th.is Agreement.
f. Contractor or Contractor's employees or contract personnel shall perform the services required by this Agreement and Contractor agrees to the faithful petformance and delivery of described services in accordance with the time frames contained herein; County and/or Foundation shall not hire, supervise 01·
pay any assistants to help Contractor.
g. Neithe1· Contractor nor Contractor's employees 01· contract personnel shall receive any training from County or Foundation in the skills necessary to pe1form the setvices 1·equired by this Agreement.
h. County or Foundation shall not require Contractor or Contractor's employees or contact personnel to devote full time to performing the services required by this Agreement.
Further, Contractor hereby certifies:
i. That Contractor is not an employee of County or Foundation and thereby Contractor waives any and all claims to benefits othe1wise provided to employees of the County or Foundation, including, but not limited fo: medical, dental, or other personal insurance, retirement benefits, unemployment benefits, and liability or worker's compensation insurance.
j. Contractor must provide Federal Tax 01· Social Security Number on required Fann 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 or Foundation for all payments received.
4. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall save, hold harmless, and indemnify the County and Foundation, their officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs, including reaso"nable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, work pe1formed under this Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contract01·, its officers, agents, subcontractors or employees.
s.- INSURANCE
2
\
Neithet· the County nor the Foundation shall be required to purchase, any insmance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County or Foundation to establish a "self-insurance" fund to protect against any such loss 01· damage. Subject to the provisions of the Kansas Tott Claims Act (KS.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. OWNERSIDP OF PRODUCTS/DOCUMENTS
Contractor hereby assigns to County and Foundation all rights to all products, reports, documents, photographs, videos, data, and drawings produced by Contractor as a result of its services to County and Foundation during the term of this Agreement.
7. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION,
Shawnee County is subject to the Kansas Cash Basis Law, KS.A. 10-1101 et seq. If, in the judgment of the Shawnee County Financial Administrator, sufficient funds are not appropriated to continue the function pe1formed in this agreement m to fund any obligation of the County for the payment of the charges hereunder, County may terminate this agreement at the end of its cmrent fiscal year. In such event, County agrees to give wl'itten notice of termination to Contractor at least thitty (30) days prior to the end of its 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 (KS.A. 44-1001 el seq.) an<l the Karnms Age Discdmination 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 ol'igi11 or ancestry, or age in the admissioi1 of access to or treatment or employment in, its prngrams 01· 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 Contt'actor 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 Contractot· has violated applicable provisions of ADA, that violation shall constitute a breach of contrnct; (g) if ( e) 01· (t) occurs, the contract may be cancelf ed, te1minated or suspended in whole or in part by the County or Foundation. Parties to this contmct understand that subsections (b) thl'ough (e) of this paragraph number 5 are not applicable to a Contractor who employs fewe1· than four employees or whose contract with the County or Foundation totals $5,000 or less during this fiscal year.
3
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 and the Shawnee County Parks and Recreation Foundation.
10. ARBITRATION, DAMAGES, WARRANTIES.
Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County or Foundation have agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, neither the County not Foundation shall agr~e 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 warrnnties of merchantability and fitness for a patiicular purpose.
11. REPRESENTATIVE'S AUTHORITY TO CONTRACT.
By signing this document, the representative of the Contrnctor thet'eby rep1·esents 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 any party by giving the other parties 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 and such compensation shall be pursuant lo 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 constrned and interpreted according to the law of the State of Kansas.
b. All notices and other communications in connection with this Ag1·eement 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, cetiificates and licenses required to ca11y out the services to be performed under this Agreement.
d. Contractor may not assign any rights 01· obligations under this Agreement without County's prior written approval.
4
c. Thls Agreement coas!itules the cntiro ngrecment beL-.veen tho parties nod mny only be modified or extended by a written amendment signed by the parties hereto.
f. TI1c invalidity, illegnlfty, or unenfon:enblllty of anyprovlslon of this Agn:einent or lhe occurrence of any event rendering ony portion or provision of this Agreement void shall in no way afiecl the vaUdity or enforceability of any other portion or provision of this Agrecmenl. Any void provision shall bo deemed severed · from this Agreement, nnd tho balance of tllis Agreement shall be construed nnd enforced· ns If Utis Agreement did not contain the pnrticulm· portion or provision held to be void.
g. Notblug In this Agreement sl!ull be construed to give any rights or benefits la anyone other than County, Foundation and Contractot·.
IN WITNESS WHEREOF, Coun1y1 Foulldation and Contractor have exectlled this Ag,:eement.
ATTEST:
Cynlhln A. Beck, Shawnee County Clerk
FOUNDATION SHAWNEE COUNTY PARKS AND RECREATION FOUNDATlON
~~I\ Jim Ogle~ Chnlr
Pnte:, L~:t Ct::)//-.
COUN1'V BOARD OF COUNTY COMMISSIONERS
SHAWNEE COUNTY, KANSAS
Michele A. Buhler, Chair
Date: ___________ _
s
CONTRACTOR
~~ Print Name: Jarrod Guth
Address: 1181 SW Mifflin Ct Topeka.KS 86604
Dale: 05 / 25 / 2016
SHAWNEE COUNTY CONTRACT NO. C Q\':r -2016
INDEPENDENT CONTRACTOR AGREEMENT·FOR SERVICES (SHAWNEE COUNTY PARI<S AND RECREATION FOUNDATION FUNDING)
THIS AGREEMENT is between THE BOARD OF COUNTY COM.MISSIONERS OF THE COUNTY
OF SHAWNEE, KANSAS (County' COUNTY PARKS AND RECREATION
FOUNDATION (Foundation) and (Contractor).
1. SERVICES TO BE PERFORMED
Contractor agrees to perform the following services for County and/or the Foundation:
Provides music entertainment for 2016 Old Prairie Town's Summer Sunset Concert.
This Agreement shall commence on, \t..~ JQ_, 2016, and shall end on July 30, 2016, unless this Agreement is terminated soone; or extended in accordance with its terms.
2. PAYMENT
In consideration of the services to be performed by Contractor, the Foundation agrees to pay Contractor as follows:
Task Duties Compensation
Entertainment Provide a music session (45 minutes) $75 per session during Old Prairie Town's Summer Sunset Concert on July 30, 2016. Voucher
submitted at the conclusion of the event.
Contractor shall be responsible for all expenses incul1'ed 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 Contractol' hires to complete the work under this Agreement.
3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION
Contractor is an independent Contractor, not a County or Foundation employee. Contractor's employees or contract personnel are not County or Foundation employees. Contractor, Foundation and County agree to the following rights consistent with an independent Contractor relationship:
a. Contractor has the right to perform services for others during the term of this Agreement.
/
b. Contractor has the sole right to control and direct the means, manner and method by which the services required by this Agreement will be performed.
c. Contractor shall not be assigned a work location on County or Foundation premises, and Contractor has the right to perfonn 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 and/or Foundation 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 or Foundation in the skills necessary to perform the services required by this Agreement.
h. County or Foundation shall not require Contractor or Contractor's employees or contact personnel to devote full time to perfonning the services required by this Agreement.
Further, Contractor hereby certifies:
i. That Contractor is not an employee of County or Foundation and thereby Contractor waives any and all claims to benefits otherwise provided to employees of the County or Foundation, including, but not limited to: medical, dental, or other personal insurance, retirement benefits, unemployrm:nl btnefils, 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 or Foundation for all payments received.
4. INDEMNIFICATION AND HOLD HARlvlLESS
Contractor shall save, hold harmless, and indemnify the County and Foundation, their 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 perfonned under this Agreement which is the result of any acts or omissions, whether negligent 01; otherwise, of Contractor, its officers, agents, subcontractors or employees.
5. INSURANCE
2
Neither the County nor the Foundation shall be required to pmchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County or Foundation to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Toti 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 and Foundation all rights to all products, reports, documents, photographs, videos, data, and drawings produced by Contractor as a result of its services to County and Foundation 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 Shawnee County Financial Administrator, sufficient funds are not appropriated to continue the function perfonued in this agreement or to fund any obligation of the County for the payment of the charges hereunder, County may tenninate this agreement at the end of its ctment fiscal year. In such event, County agrees to give written notice of tennination to Contractor at least thi.tiy (30) days prior to the end of its 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 ancestiy, 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 or Foundation. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a Contractor who employs fewer than four employees or whose contract with the County or Foundation totals $5,000 or less during this fiscal year.
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9. ACCEPTANCE OF CONTRACT.
This contract shall not be considered accepted, approved or othenvise effective until the required approvals and ce1iifications have been given and this is signed by the Board of County CommissiQners of the County of Shawnee, Kansas and the Shawnee County Parks and Recreation Foundation.
10. ARBITRATION, DAMAGES, WARRANTIES.
Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County or Foundation have agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, neither the County not Foundation shall 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 wan-anties 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 any party by giving the other parties written notice of the intent to te1;111inate. 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 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 inteq)l'eted 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. Stat(?S 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 pe1mits, certificates and licenses required to cany out the services to be performed under this Agreement.
d. Contractor may not assign any rights or obligations under this Agreement without County's prior written approval.
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o. This Agreement constitutes the entire agreement between the parties and may only be modified or extended by a written amendment signed by. the paiiics hereto.
f. · The invalidity, illegality, or unenforceabllity of any provision of this Agreement or the occuucnce 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 lhis Agreement. Any void provision shall be deemed severed from this Agree1ricnt1 nnd the balance of this Agreement shall be construed and enforced as if lhls 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, Foundation and Contractor.
lN WITNESS WHEREOF, County, Foundation and Contrnctor have executed this Agreement.
ATTEST:
Cynthia A. Beck, Shnwnee County Clerk
FOUNDATION SHAWNEE COUNTY PARKS AND RECREATION FOUNDATION
~!&fk~ Jim Ogle, Chair
Date: ...J._2.,, ~~ OJ//,
COUNTY. BOARD OF COUNTY COMMISSIONERS
SHAWNEE COUNTY, KANSAS
Michele A. Buhler, Chair
Date:
s
------------
CONTRACTOR·
~/gWrlll Pl'lntName: J.of,~ Waover Address: M I l 6"Y .1£1 J'e-rP.
-... Health Agency
June 30, 2016
TO:
FROM:
Shawnee County Health Agency
Board of County Commissioners of the County of Shawnee, Kansas
Alice WeingartnerO.().;Q,,,} ~ Director - Community Health Center
Leading the Way to a Healthier Shawnee County
RE: CONSENT AGENDA - Approval to Sign a Contract with a Certified Coder
Action requested: Approval to sign a contract with Patricia Shaughnessy, CPC, for the purpose of providing part-time services as a medical coder to support the transition of the Shawnee County Health Agency Community Health Center through August 31, 2016.
The major responsibilities include:
• Review coding requirements for Community Health Center billing • Pick up batches of patient encounter forms for coding at least two (2) times per week or
more frequently, if needed • Complete coding of batches and return them within one to three (1-3) business days • Complete batches per week as needed until batches have been depleted • Work denial claims through message center from EHS billing center
The position will be paid a rate of $22.00 per hour for up to IO hours per week.
AW/ldw Attachment C: Allison Alejos, Director- Local Health Department
Edith Matthews, Finance Officer Betty Greiner, Director of Administrative Services
1615 SW 8th Topeka, KS 66606 I 785.251.2000 www.shawneehealth.org
SHAWNEE COUNTY CONTRACT NO. c~of .2016
Contract for a Part-time Medical Coder
THIS AGREEMENT ls enteL·ecl into this 25th day of Jm1e, 2016, by and between the Bo1ucl of County Commissioners of 1he County of Shawnee, Kansas (County), and Patricia Shaughnessy (Coder) of 5743 SW Douglas Rd., Topeka, KS. 66610.
WHEREAS, the County is desirous of contracting with Coder for the plll'pose of providing pal't-time se1·vices as a Medical Coder to support the transition of the Shawnee County Health Agency Community Health Center; and
WHEREAS, Coder is desirous of providing said professional expertise as a part-time Medical Coder;
NOW, THEREFORE, in considerntion of the mutual covenants contained hei·ein, the pai·ties agree as follows:
1. Coder agrees to provide professional coding services up to 10 hours pe1· week.
2. Coder agrees to the following: • Review coding requirements for Community Health Center bilUng • Pick up batches of patient· encounter forms for coding at least two (2) times per
week or inore frequently, if needed, • Complete coding of batches and return them within one to three ( 1-3) business
days. • Complete batches per week as needed until batches hnve been depleted. Work
denial claims through message cente1· from EHS billing center.
3. The time and location of the delivery of the professional services shall be by mutual agreement between Code1· and County, but in accordance with the reqi1irements of
· paragraph 2 above.
4. County will provide appl'opdate equipment for use by the Code1·. Such equipment shall remain property ofCo\mty.
5. Coder shall be responsible fo1·: • Reviewing encounters and medical chart documentation to identify and document
appropriate CPT, ICD-9, and ICD-10 codes for services prnvided. o Providing coded medical encounters to the business office for the purpose of billing
appropriate ins\ll'ance carries and/01· clients. o Pa1·ticipati11g in meetings, as required, to meet contract obligatio11s. Some meetings
may be designated as appropriate fol' conference call participation.
6. In performing sel'vices undet' the terms f!lld co11ditions of thls contract, the Code.r will comply with all laws, public health regulations, grant agreements, and Shawnee County Rules ai1d Regulations that govern operntio11s. Codel' specifically ag1·ees not to discriminate agaii1st persons served or eniployed by the County on the basis of race, age, creed, gender, national origii1,. or disability.
7. The Codel' shall furnish a wl'itten Attestation Regarding Health Status pel' Shawnee County HeaJth Agency policy, including current tubel'culin skin test (annually), to the Co1.mty;
8, The County shall pay Coder the s\lm of twenty two dollars per hour ($22.00) for up to 10 hours of coding services per week.
Payment to Coder shall be made through the Codds submission of a Consi1ltant Services Invoice noting nctivities completed and/or accomplished,
9. The County may authodze the Coder to provide additional services/activities, in- addition to what has been initially scheduled, when in the opinion of County such services/activities are needed to maintain the work flow of coding encounters.
In the event the Coder is requested by County to provide additional services, County sha!J pay the Code1· for the hours worked at the agreed upon rate of pay reflected in section 8.
County shall not be liable for payment for any services conducted by the Coder not specifically authoifaed by County ..
I 0. This agreement shall becon1e effective on the date it is approved by the Shawnee Comity Board of Conmtlssionet·s, thrnugh August 31, 2016 It is specifically agreed by the parties hereto that County and/or Code1· retain the right to terminate this ag1·eement unilaterally with thirty-day's (30) written notice to the other pnrty.
11. In no event should this engagement be intended or determined to constitute an employee/employer relationship. County and Coder shall be separate contractual pa1·ties and Coder shall be responsible for het· oi,.vn tax liability and related issues and legnl obligatio11s. Code1· shall accrue i10 benefits for such service provision. Codei·. wanants that she understands these tel'ms and has had ample opportl111ity to have any questions regarding this relationship answered prior to entering into lhis contract.
IN WITNESS WHEREOF, the p11rties have he1·eto executed this contract as of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS
Michele A. Buhler, Chair
CODER
ATTEST:
Cynthia A. Beck, County Clerk
Approved as to L_e~:li7i. and Form: Date r.,,i:;-._
--- on -1 ·~···) COU: ~;EL j', .,, ;,.1 .,; f I •
Rev. 09/20 IJ A1TACRMEo\1TO
SIIA\VNEE couim• COl'HR.\CT c ___ _
CONTRACTUA 1, PRQYISIQNS Hf ACHMENT Tito underaigncd pnr1ies agreo tltal the follo,,ing pro\'isions arc hereby incorporotcd into tit~ eonlrnct lo which it is atlnched and made a part thcreot; said conimet being dated 1h11 dt1y of ______ __, 20_&. --
I. TERMS HEREIN CONTROl,I.Ji{C PROVt810NS'. II is ¢:-cpmsly agreed 1bat lhc !enns of each ond c1'CI}' provision in thi~ auachmcnl shall pravnil 011d control over 1ho tcm,s of any other conflicting pro,·ision in ony other document relating to and II port 01' the eontrnet In whii:h this allncfm1e111 is Incorporated.
2. AGRP.F.Ml!ll'T Wtrn l(AiSSAS LAW. Jt Is ngre~ b)' and betw.?en tho undersigned that all disputes and mauers whatsoever arising under, In connection with or ii1cident 10 this contnlct shtlll be litigated; if nl nll, in and beloN a Court locnlro in lite Slolc of Ko11sas, U.SA, to tho e:colusion of th~ Cour1s of any otlicr states or country. All co1itractunl agn:emcnls shall be subject to, goverufd by, and construed according to the law$ of the Stnt~ ol'Knnsns.
3. 'l'HUilllNA'l'ION UUE TO LACIC Of lllJNDING APPROPRIATION. Sha\\nco Co(nil)' Is subject to the Kansas Cash Basis law, K.S.A. 10-1101 et s,q. It, in the juJgnwnt of tho Financial Adminlstrntor, Audil-l'inauco omce, s1111Tc£ent funds nro not nppraprlnted to conth1ue lho function perfonncd in this agrccmcut nnd for lite pnymenl of the charges hereunder, County may ten11i1iato this agreement nl the end ol' ils c111rent llmd year. County agrees 10 give \\Tillen notice of lem1h11i1io11 lo contmctor at least lhirty (30) days prior to the end of its cmrcn.1 nscnl )'fnr. In lhe event lhis agl'cment is tcm1ina1cd pursuant to this paragraph, County \\ill pny lo the contfllctor all rcgut"rconlractnel pa)111e111s inc11rred through lhc end ol'sud1 liscnl year. TI10 len11i11litio11 llf the conlrncl p1m,ua11t to this pnmgmph shall not cnusc any pennlly to be charged to tltc Cotinly or the eontiuctor.
4. DISCL.IJMER Or LJ,\DJLIT\'. Neither lhc County of Shn1,11ec nor oni• dcpart111ent lhcrcol'shall hold hamdess or indemnlf)• any contmctor for any llnblllty \\hatsOllvcr.
S. ANT1-0isCR1~nN,\TION Cl.:.\USF.. 1l1c contractor agrees: (n) to comply with tfle KanSDs Acl Against Discrimination (K.S,A. 44-1001 et s,•q.) ·and tho Kansus Ago Dlscriminntion in E111plo)'ll1ent A.ct, (l{.S.A. 44. l 1.11 !// Nq,) and the applicable provisions of Iha Anmfoans With Disnbil!ties Acl (42 lJ.S.C. 12101 el seq.) [ADA] mul to 1101 dlscrimiimte ngQinst nny ptrson b(cnuso of me\', religion, color, sex, disnbilily, national origin or ancestry, or ago in the admission ol' access lo or lrealmenl or cmploi·mcnt in, its programs or activities; (b) to include in all solicitations or ad,•ertisements tor employees, the phrase "equal opportuni(>' crnp!oyd'; (c) to to111ply with the reporting requirements set out iii K.S,A. 44-10.l I and K.S.A H-lll6; (d) 10 include those pro\<isions in every subcontract or purehase order so that they ore binding 11po11 such s11bcon1Iaclor or vendor; (e) 1l!nt a Jbiluro to comply wilh the reporting req11ircmcnts of(c) nbovo.or if the conlraclor is round guilly of ony violation ol' such ·nets by· the Knnses 1!u111n11 Rights Commission, sttch violation shall constil\llc a breach of eonlmcl; (I) if the contmctini; agency detennhtes 11tn1 the contractor l1as violated applicablo provisions of ADA, thul vlolalion ~lmll constilute o breach of contmct; (g) If (e) or (t) occurs, the contract nta)' be cnncelloo, lc1111i11nled or suspended in whole or in pnrt by the County. Parties to this contract understand thnl subsections (b) through (e) of this paragrilph number 5 or~ not uppllcab!e ton contractor \\lio employs few1:r thnn four employeu or \\hose contmct \\ith the County totals $5,000 ot less during this. 11scori~ar,
6. Accr.rrANCR O.· COl\'TR.\CT. This contract shall not bo considered accepted, npptol'cd or otlicrwiso effi!cli\'o until tho required approvals ond ceililkntions bnve oocn si,•cn and this is signed by the lloord or' Cot111l)' Commissioners of lite Counl)' ot':lho,\11ec, Kansns.
·1.1 ARDITRATION, l),\,\IAG•:s, WARll,\iSllt:S. Notwithstnm!ing Qll)' lnnguugc to lhe conlml}', JIO interprctotio11 shall be nllowlld to find tho Count)' has og,,td to binding orbilrotlon, or the pll)'lllent ol' da111uges or peiiallies upon lho occum:nco of n contingency. Further, the County sball not agree to pl!)' ollorncy fees· and lole payment chargos; and no provi5ions will be given etlcct ,~hicl1 attcmpls to exclude, modify, disclaim or otherwise ollempt to limil impllcd \\'illlllnlits or mcrehan!nbility and tltness tor a particular purpose.
8. RErttF.SF.j\"TA"Tl\'E'S AUTIIORIT\' TO cmnnAcr. By signing this document, the reprcse11lotive ol' the contmctor th~rcby ((J11csents that such ])l!rson is duly 0111horlzcd by the contmocor to >1.~ecuto !his doountent on behalf ofthe conlrnctoraud thot the conlmclor agre~s to be)
bound b)' tltc pro\•isions thereof.
9. RESl'Q,'l§JnfLIT\' l'OR TA.us. Tho County shall not be r~sponsible lor, nor indemnity n contractor ror, oni· Ji?dernl, s(\lto or local 10.ws ,~hid1. nm)' be imposed or le1ofed upon the subject matter of this cont met.
10. lNSllR.\i'«;F.. 1he County shall not be required to purchase, nny insumuco against loss or dnmnge to any personal property to whkh this contmct relnt(S, nor shnlf Ibis colllracl require lhe County to establish o "sclf.insurnnec" l\md to protect ngninsi Rill' such loss or damage. Subject to the provisions· of the Kansas Ton C!nims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shnll bear the risk ot' any loss or damago to nny personal property to \\itich vendor or lessor holds tit!~
Datt-:
DOA ltD 01; COUNTY CO;\IMJSSIONEIIS SHA WNF.K COUNTY, KANSAS
Michele A Buhler, Chair
Dale:
ATIEST:
Cynthia A. Beck, Sha\\11eo County Clerk
SHAWNEE COUNTY HEALTH AGENCY BUSINESS ASSOCIATE AGREEMENT
ADDENDUM TO SHAWNEE COUNTY CONTRACT C-____ _
TH1S BUSINESS ASSOCIATE AGREEMENT (l'Agreement>') is made and entered into on this day of , 20_ by and between the Board of County Commissioners of the County of Shawnee, Kansas on behalf of the Shawnee County Health Agency, (hereinafter "Covered Entity"), and ("Business Associate"), collectively "the Parties".
WHEREAS, the parties have entered into Shawnee County Contract C-__ • __ (the "Underlying Agreement") whel'eby Business Associate agrees to perform certain fonctions on behalf of Covered Entity ancl/01• pl'Ovide certain services that quniifies it as Covered Entity's "business associate" pursuant to 45 C.F.R. § 160.J 03; and
WHEREAS, in the pe1fo1·mance of such functions, and/or the provision of such services, Business Associate may require access to Protected Health lnfo1·mntion in Covered Entity's possession, custody 01· control, or may create or receive Protected Health Information on behalf of Covered Entity for the limited pul'poses identified below; and
WHEREAS, pursuant to the Health Tnsurnnce P01iabillty and Accountability Act of 1996, as amended effective Ma1·ch 26, 2013, 45 C.F.R. Parts 160 and 164, et seq. ("Privacy Rt1le" 01· "HIPAA") Covered Entity cannot Disclose Protected Health lllformation to, 01· authol'ize the cl'eation 01· l'eceipt of Protected Health lnfonnation on its behalf by, Business Associate unless Covered Entity obtains from Business Associate satisfactot'y ilssi:,rances that Business Associate will property safeguard such infot'lniltlon; and
WHEREAS, Business Associate is willing to pl'ovide such assurances to Covered Entity,
WHEREAS, it is the intent of the Parties that this Agreement rescinds any and nil pl'ior Business Associate Agreements p1·eviously entered into between Covered Entity and Business Associate, and it is the Parties' ii1tent that for any P1·otected Health Jnfomrntion and/or Elecfronic Protected Health Infonnation already in its possession, Business Associate will comply with the followil1g provisio11s.
NOW, THEREFORE, in considerntion of the inutual covenants, p1·omises ai1d agreements contained herein, the Parties agree as follows:
1. Definitions
Tel'Jns used, but not otherwise defined, in this Agreement shall have the same meaning as those terms i:u·e defined in the Privac~1 Rule, Including Breach, Data Aggregation, Designated Recol'd Set, Disclosure, Health Cm·e Operations, Individual, Minitnum Necessni·y, Notice of Privacy Practices, Protected Health Information, Electronic Protected Health Infom111tioi1, Required By Law, Security Incident, Subcontractol', Unsecured Protected Health Info1matio11, and Use.
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2. Obligations and ActiYitlcs of Business Associate
Business Associate agrees to:
a. Not Use 01• Disclose Pmtected Health Informntion, including Electl'Onic Protected Healtl1 Information, other than as permitted or required by this Agreement 01· as Requh·ed By Law.
b. Use app1·opriate safeguHrds to prevent any Use m· Disclosure of Protected Health Information other than those pe1·tnitted by this AgreeiUent. Business Associate shall implement administmtive safeguards as required under 45 C.F.R. 164.308, physical safeguards as required under 45 C.F.R. 164.310 and technical safeguards as requil'ed by 45 C.F.R, J 64.312 that reasonHbly and appropriately protect the confidentiality, integl'ity, and secul'ity of the Electronic Pmtected Health InfOl'mation that it creates, receives, maintains, m• transmits on behalf of Covei·ed Entity, as required by HIPAA.
c. Report to Covered Entity any Use 01· Disclosure of Protected Health lnfommtion not provided for by this Agreement of which it becomes aware, including breaches of Unsecured Protected Health Information as required at 45 C.F,R. 164-410, and any Security lncident of which it becomes aware.
i. Business Associate must report any Use 01· Disclosme that could constitute a Breach within five (S) business days of the date the Business Associate becomes awnre of the Breach. Business Associate will provide sufficient information to permit Covered Entity to investigate and comply with its obligations under the Breach Notification Rules1 including but not limited to:
a) identification of each Individual whose Unsecured Protected Health lnformalion has been or is reasonably believed by Buslness Associate to have accessed, acquired, Used or Disclosed dul'ing the breach
b) A description of the breach c) date of the breach d) date of discovery of the breach e) the types of Protected Health Information involved in the Breach f) the investigation procedure and results, and a plan for mitigation
ii. Business Associate shall work cooperative!)' with the Covered Entity to mitigate any harmful effect of any Use or Disclosure not prnvided fo1· by this Ag1·eement, 11nd the Covered Entity may, at its election, assign notification duties to the Business Associate.
iii. Business Associate agrees to pay all costs for mitigatio11 and notification 1i1ade by Covered Entit)' to fulfill its obligations under 4S C.F.R. 164.402-414.
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d. In accol'dance with 45 C.F.R. 164.502(e)(l)(il) and 164.308(b)(2), if applicable, obtain and maintain a Business Associate Agreement with each Subcontl'actol', Business Associate 01· agent which creates, receives, maintains 01· trnnsmits Protected Health Information in performance of services on belmlf of Business Associate nnd ensul'e such Subconti'acto1· or agent shall agree to be bound by the same pl'ivacy, security and security Breach notification requirements that apply to Business Associate hereunde1·.
e, Provide access to, at the request Covered Entity, Protected Health Infot·mati.on, including that within a Designated Record Set, to Covered Entity or, as dh'ected by Covet'ed Entity, to an Individual within five (5) business days from a request by Covered Entity or Individual pm·su11nt to 45 C.F.R. l64.524.
f. Make any amendment(s) to Prntected Health Infol'mation in a Designated Record Set as directed or ag1·eed to by Covered Entity pi1rsuant to 45 C.F.R. 164.526 within five (5) business days from a request by nn Individual or Covered Entity.
g. Maintain and make available the information required to pl'Ovide an accounting of Disclosures to the Covered Entity as necessary lo satisfy Covered Entity's obligations under 45 C.F.R. 165.528 within five (5) business days from a request by an Individual or by the Covered Entity.
h. Make its intemal practices, books, and reco1·ds available to Covered Entity, the Department of Health and Human Services (HHS), and/or the Office for Civil Rights (OCR) 01· their agents, upon request, for purposes of dete1'll1ining compliimce with the Pl'ivacy Rule.
i. To the extent Business Associate is to carry out one 01· 111ore of Covered Entity's obligatioi1(s) under Subpart E of 45 C,F,R. Part 164, comply with the requil'ements of Subpart E that apply to the Covered Entity in the perfo1·mance of such obliglition(s).
j. To the extent applicable, utilize approprinte encryption and destrnction methodologies in trnnsmitting and/or destroying Covered Entity's Protected Health Information.
3. Permitted Uses an<l Disclosures by Buslucss Associate
a. Business Associate may only Use m· Disclpse Prntccted Health Infol'tnation to fulfill its contt·octual obligations as set forth in the Undel'lying Agreement.
b. Business Associate may Use 01· Disclose Pl'otected Health lnfot·mation as Required By Law.
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c, Bllsiness Associate agrees to make Uses and Disclosures and requests fo1i Protected Health Infol'lnation in nccordnnce ,vith Covered Entity's Minimum Necessary policies and procedures and as set forth in the Privacy Rule.
d. Business Associate may not Use 01· Disclose Protected Health Infol'lnation in a manner that would violate the Privacy Rule if done by Covered Entity, except fo1· the specific Uses and Disclosures as follows:
i. Business Associate may Disclose Protected Health Information for the propei· management and administration of Business Associate or to earl')' out the legal responsibilities of the Business Associate, provkled the Disclosures are Required By Law, 01· Business Associate obtains 1·ensonable assm·ances from the pe1·son to whom the infot·madon is Disclosed that the lnfo!'mation will remain confidential and Used or further Disclosed only as Required By Law 01· fo1· the purposes for which it was Disclosed to the person, and the person notified Business Associate of any instances of which it is aware in which the confidentiality of the information hns been Breached.
ii. Business Associate may provide Data Aggregation services relating to the Health Care Operations of the Covered Entity.
4. Obligations of Covered Entity
a. Cove1'Cd Entity shall notify Business Associate of any limitation(s) in the Notice of Privacy Practices of Covered Entity in accordance with 4S CFR 164.520, to the extent that such limitation may affect Business Associate's Use or Disclosure of P1·otected Health Information.
b, Covered Entity shall notify Business Associate of any chai1ges in, or revocation of, the petmission by an Individual to Use or Disclose his or her Protect.eel Health Information, to the extent that such changes may affect Business Associnte's Use 01· Disclosme of Protected Health Infonnation.
c. Covered Entity shall notify Business Associate of any restl'iction to the Use or Disclosure of Protected Health Information that Covered Entity has agL"eed to or is requil'ed to abide by under 45 CFR 164.522, to the exient that such restl'iction may affect Business Associate's Use 01· Disclosure of Protected Health Information.
d. Covel'ed Entity shall not request Business Associate to Use or Disclose Prntected Health Information that would not be permissible under the Privncy Regulations if done by Covered Entity.
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5, Tet·m nnd Termination
.a. Term of Agreement. This Agreement shall become effective on the date fully executed, and shall continue in effect and nm concurl'ent to the Underlying Agreement so long ns Business Associate continues to pet·form ce11nin functions on behalf of and/01· provides certoht se1·vices that qualifies it as Covered Entity's "bl.1si11ess associate" pursuant to 45 C.F.R. § 160.103, or until Covered Entity terminates for cause as authol'iz~d below, whichever is sooner.
b. Termination· for Cause. Business Associate authorizes termination of this Agreement by Covered E11tity if Covered Entity determines Business Associate has violated a matel'ial term of the Agreement and Business Associate has not cured the Breach 01· ended the violation within the time specified by Covered Entity.
c. Obligations of Business Associate Upon Tem,ination. Upon termination of this Agreement for any 1·easoi1, Business Associate, with respect to Protected Health Information received from Cove1·ed Entity, or ct'eatecl, maintained, or l'ecelved by Business Associate on behalf of Covered Entity, shnll:
i. Retain only that Protected Health Information which is necess111·y for Business Associate to continue its pl'Oper mmrngement 1md administration or lo carry out its legnl responsibilities;
ii. Retum to Covered Entity 01\ if agreed to by Covered Entity, destroy the remaining Protected Health Information that the Business Associate stiJJ maintaii1s in ani form;
iii. Continue to use approp1'iate safeguards and comply with s,1bpart C of 45 C.F.R. Part 164 with respect to Electronic Protected Health Information to p1·event Use or Disclosure of the Protected Health Information, other than as provided for in this Section, fot· as long as Business Associate retains the Protected Health Information;
iv. Not Use or Disclose the Protected Health Infot·mation retained by Business Associate other than for the pm·poses for which such Protected Health Information was retained Hild subject to the same conditions set out in Section 3.d.i.-ii. above;
v. Return to Covered Entity or, if agreed to by Covered Entity, destroy the P1·otectecl Health Information retained by Business Associate when it is no longe1· needed by Business Associate for its prope1· management and administration 01· to carry out its legal respoi1sibillties;
vi. Provide wl'itten certification to Covered Entity ce11ifying compliance with this Section 5 .• c ..
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d. Survival. The obligations of Business Associate unde1• this Section shall survive the termination of this Agreement.
6. Miscellaneous P1·ovlsfons
a. Indemnification. Business Associate will indemnify, defend, and hold harmless Covered Entity and its 1·espective directors, office1·s, employees, and affiliates from and agninst all clah_ns, aclions, damages, losses, liability, fines, penalties, costs, expenses, 01· reasonable mitigation or remediation services, inchtding, without limitation, reasonable attorney's fees, incurred by Covered Entity arising from or in connection with any breach of this Agreement, ·or any negligent or wrongful acts 01· omissions in connection with this Agreement, by Business Associate 01· its dil'ecto1·s, officers, employees, Subcontrnctors, or agents.
b. Regulatory Refe1·ences. A reference in this Agreement to a section in the HiPAA Pl'ivacy Rule means the section as in effect 01· as amended.
c. Amendment. The Pal'ties agree to take such action as is necessary to amend this Agreement from time to time as is necessal'y for compliance with the requh'ements of the HIPAA Privacy Rule and any other applicable law. This Agreement may not be modified, 1101' shall any provision be waived or amended, except in a writing duly signed by authorized 1·cpresentatives of the parties.
d. lnterp1·etation. Any ambiguity in this Agreement shall be interpreted to pem1lt compliance with the HIPAA Privacy Rule.
e. Conflicting Terms. In the event any tenns of this Agreement conflict with any terms of the Undel'lying Agreement, the terms of this Ag1·eement shall govern and control.
f. Governing Law. This Agt·eement shall be governed by and constrned in accordance with the laws of the State of Kansas.
g. Notices. All notic.cs, requests, approvals, demands and othet· communications. 1·equired or permitted to be given under this Agreement shall be in wt·lting and delivered either personally, or by certified mail with postage prepaid nnd return receipt 1·equested, 01• by ovel'l\ight courie1· to the patty to be notified. All communications will be deemed given when 1·eceived. The addresses of the parties shall be ns follows:
If to Covered Entity:
6
· If to Business Associate: ~tdc,,o S6a.u0bn:M.r,L S'.:1 Y?r 5w -Oau.81,as 1:3,bl
::ro .,,,1<0. 1<s , q , o '"°·, (')
IN WITNESS WHEREOF, each of the undersigned has cnused this Agreement to be duly executed in its name and on its behalf effective as of the day of _ _;__ __ 20_.
COVERED ENTITY
Pl'intName --------
Pl'int Title --------Date _________ _
BUSINESS ASSOCIATE
By ~
Pt'intName 'Pvl"t"r'",' l; "-- .)h vt A h-l.-J17 Print Title ___ c_l __ L ____ _
l)atc~....::::~~'-=-~~'.3~·~-:)..~()~/--F-~~-
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Date:
To:
From:
Re:
June 28, 2016
Shawnee County
AUDIT-FINANCE OFFICE Suite 201, Courthouse
200 SE 7th Street Topeka, KS 66603-3903
Board of County Commissioners t Betty Greiner, Director of Administrative Services~~\
Acceptance of Updated Resolutions on Cash Drawers
The Audit Finance department is requesting approval of the attached resolution. The Parks and Recreation department has request new cash drawers for the Midwest Health Aquatic Center.
fax 785-291-4941 phone 785-233-8200 Ext 4307
RESOLUTION NO. 2016- 4 2 Sponsored By Commissioner Buhler
WHEREAS, various Shawnee County depaiiments require change drawer funds for their no1mal operations; and ·
WHEREAS, the Board of County Commissioners wishes to establish such change drawer funds; ·
NOW, THEREFORE, BE IT RESOLVED by The Board of County Commissioners of the County of Shawnee, Kansas, meeting in regular session on this day of
, 2016, as follows:
1. The following change drawer funds are hereby established:
Department Change Drawer
Appraiser $ 50.00 County Clerk
Fish & Game $ 50.00 District Court Clerk $ 300.00 Health Agency CHC
Business Office (CHC) $ 200.00 Main Clinic Super Desk 1 $ 150.00 Main Clinic Super Desk 2 $ 150.00 Main Clinic Super Desk 3 $ 150.00 Reception Desk $ 25.00 California Clinic Desk 1 $ 150.00 California Clinic Desk 2 $ 150.00 Califomia Clinic Desk 3 $ 150.00
Health Agency LHD 10th Street/LHD 1 $ 100.00 10th Street/ LHD 2 $ 100.00 Community Clinic $ 150.00 LHD Business Office $ 200.00 Main/LHD $ 75.00
Household Hazardous Waste $ 50.00 Parks & Recreation
Administrative Office $ 200.00 Hillcrest Administration Office $ 200.00 Central Park Community Center $ 50.00 Crestview Community Center $ 60.00 Garfield Community Center $ 50.00
· Hillcrest Community Center $ 50.00 Oakland Community Center $ 50.00 Shawnee N01ih Community Center $ 200.00 Velma K. Paris Community Center $ 200.00 Athletic/League Office $ 200.00
'c
Special Event Fund $ 400.00 Bettis Family Sports Complex
· Admissions Gate #1 $ 400.00 Gate #2 $ 400.00
Concessions Stand #1 $ 400.00 Stand #2 $ 400.00
Lake Shawnee Marina $ 100.00 Concessions $ 100.00
Lake Shawnee Girls Softball Complex Admissions $ 400.00 Concessions · $ 400.00
Lake Shawnee Swim Beach Concessions $ 200.00 Admissions $ 200.00
Lake Shawnee Campground $ 200.00 Midwest Health Aquatic Center
Admissions $ 500.00 Concessions $ 500.00
Shawnee North Athletic Complex Concessions $ 450.00
Shawnee N01ih Family Aquatic Center Admissions $ 500.00 Concessions $ 500.00
Rossville Community Swimming Pool Admissions $ 20.0.00 Concessions $ 200.00
Mini-Train Concessions $ 200.00 Admissions $ 200.00
Carousel $ 200.00 Dornwood
Concessions $ 300.00 Felker Park
Concessions $ 200.00 Ruger Park
Concessions $ 200.00 Blaisdell Pool
Concessions $ 500.00 Admissions $ 500.00
Garfield Pool Concessions $ 200.00 Admissions $ 200.00
Hillcrest Pool Admissions
Concessions OaRland Pool
Admissions Concessions
Old Prairie Town Drugstore General Store
Register of Deeds Treasurer Weed Depaitment TOTAL
$ 200.00 $ 100.00
$ 100.00 $ 50.00
$ 200.00 $ 200.00 $ 100.00 $6,500.00 $ 100.00 $20,160.00
2. The change drawer funds shall only be used to make change for customers or clients. Any purchases or expenditures shall be made from petty cash funds, not these change drawer funds.
3. The cash in the change drawers may be exchanged to replenish the smaller denominations used to make change.
4. The Treasurer's office may allocate the balance of its change drawer between its courthouse office and its annex location, but must notify the Audit/Finance Depa1iment of the balance in each location.
5. Every change fund shall be subject to random audits by the Shawnee County Audit/Finance Department.
5. This resolution sets fo1ih all authorized change drawer funds under the supervision and cQntrol of the Board. Additional cash drawer funds may be authorized, and such cash drawer funds shall be subject to the rules set forth in this resolution.
6. Resolution No. 2016-39 and any previously authorized change drawer resolution in conflict herewith or not contained herein are hereby rescinded.
ATTEST:
Cynthia A. Beck, Shawnee County Clerk
APPROVED AS TO FORM AND LEGALITY
BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS
Michele A. Buhler, Chair
Robert E. Archer, Vice-Chair
Kevin J. Cook, Member
BY THE SHAWNEE COUNTY OUNSELOR'S OFFICE
DATE C,/•7//t. BY Ir-
t-1 Shawnee County J_
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
Date: June 29, 2016
To: Board of County Commissioners
From: Thomas C. Vlach, P.E.~ Director of Public Works
Re: Request to Fill Vacant Road Maintenance Staff Position
The Shawnee County Department of Public Works (SCDPW) requests authorization to fill a soon-to-be-vacant Road Maintenance position, and any subsequent openings that may result upon the filling of this position.
The position will become vacant upon the voluntary resignation of an employee who will be pursuing a different career. As a result of the vacancy, SCDPW's road crews will be understaffed.
Shawnee County residents will benefit by the approval of this request in that the SCDPW will be better suited to provide timely road maintenance and snow removal services. The provision of timely maintenance reduces the potential need for future high-dollar roadway maintenance/reconstruction projects and enhances overall roadway safety for the traveling public.
The financial impact of this request is an annual salary, including benefits, of $42,995.89.
Funding for this position will come from Public Works Road Maintenance Budget (Account No. 10PW126 50101).
It is recommended that authorization be granted to the SCDPW to fill the vacancy.
Your consideration of this request is appreciated.