board of county commissioners agenda thursday, … · l presentation of shawnee county's...

96
BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, DECEMBER 13,2018,9:00 AM COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. UNFINISHED BUSINESS III. CONSENT AGENDA I. Acknowledge receipt of correspondence from Cox Communications informing the public that the pricing of Cox's video will be increased due to the increase in the costs of doing business. 2. Acknowledge receipt of the report certifying that the Ambulance Compliance Officer has found AMR to be in compliance with the response parameters and requirements for October 2018 but will be penalized in the amount of$4,070.00 for long responses in the four different zones as outlined in the contract-Emergency Management. IV. NEW BUSINESS A. COUNTY CLERK- Cynthia Beck l. Consider all voucher payments. 2. Consider correction orders. 3. Consider approval of Resolution No. 2018-71 authorizing a 20 l 9 cereal malt beverage license to Dillon's Store #37 located at6829 SW 29 1 1, Street and Resolution No. 2018-72 authorizing a 2019 cereal malt beverage license, including Sunday sales, to Greatlife@Safari Golf located at 7523 S W 21 ' 1 Street. B. BOND COUNSEL -Bob Perry I. Consider approval of Resolution No. 2018-73 authorizing the execution and delivery of supplements to the original Bond Trust Indenture, Ba5e Lease and Lease Agreement for the 29 Fairlawn LLC Project to permit 29 Fairlawn to assign certain separate tracts of the site to a special purpose entity, owned whole or in part, by 29 Fairlawn, whose purpose is to finish the development of the project located on the Cook. C. HEALTH DEPT. -Linda Ochs I. Consider authorization and execution of Contract C411-2018 with Dr. Vlad Dimitriu for professional medical and health care services for patient:. of the Health Dept. with active tuherculosis and!or tuberculosis infection for the period of January 1, 2019 through December 31, 2019 at a cost of$150.00 per hour plus $250.00 per month for services to the Communicable Disease programs on an as-needed basis and average of$3,650.00 per year with funding from the 20 19 tax allocation. 2. Consider authorization and execution of Contract C412-2018 with Gianfranco Pezzino, MD, MPH to continue serving as Health Officer for the period of January I, 2019 through December 3 1, 2019 at a cost of $53,976.00 annually plus costs of licensing, malpractice insurance and continuing education with funding from the 2019 budget.

Upload: others

Post on 06-Jul-2020

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, DECEMBER 13,2018,9:00 AM

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

L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources.

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

I. Acknowledge receipt of correspondence from Cox Communications informing the public that the pricing of Cox's video will be increased due to the increase in the costs of doing business.

2. Acknowledge receipt of the report certifying that the Ambulance Compliance Officer has found AMR to be in compliance with the response parameters and requirements for October 2018 but will be penalized in the amount of$4,070.00 for long responses in the four different zones as outlined in the contract-Emergency Management.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

l. Consider all voucher payments.

2. Consider correction orders.

3. Consider approval of Resolution No. 2018-71 authorizing a 20 l 9 cereal malt beverage license to Dillon's Store #37 located at6829 SW 2911, Street and Resolution No. 2018-72 authorizing a 2019 cereal malt beverage license, including Sunday sales, to Greatlife@Safari Golf located at 7523 S W 21 '1 Street.

B. BOND COUNSEL -Bob Perry

I. Consider approval of Resolution No. 2018-73 authorizing the execution and delivery of supplements to the original Bond Trust Indenture, Ba5e Lease and Lease Agreement for the 29 Fairlawn LLC Project to permit 29 Fairlawn to assign certain separate tracts of the site to a special purpose entity, owned whole or in part, by 29 Fairlawn, whose purpose is to finish the development of the project located on the site---Commi~ioner Cook.

C. HEALTH DEPT. -Linda Ochs

I. Consider authorization and execution of Contract C411-2018 with Dr. Vlad Dimitriu for professional medical and health care services for patient:. of the Health Dept. with active tuherculosis and!or tuberculosis infection for the period of January 1, 2019 through December 31, 2019 at a cost of$150.00 per hour plus $250.00 per month for services to the Communicable Disease programs on an as-needed basis and average of$3,650.00 per year with funding from the 20 19 tax allocation.

2. Consider authorization and execution of Contract C412-2018 with Gianfranco Pezzino, MD, MPH to continue serving as Health Officer for the period of January I, 2019 through December 3 1, 2019 at a cost of $53,976.00 annually plus costs of licensing, malpractice insurance and continuing education with funding from the 2019 budget.

Page 2: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

D. INFORMATION TECHNOLOGY- Pat Oblander

I. Consider authorization and execution of Contract C413-2018 with Atlassian for the renewal of the annual licensing fees (C 195-2017) for several cloud based software components at a cost of $6,000.00 with funding ftom the 2018 lnformalion Technology budget.

2. Consider approval of request to waive the County purchasing procedures and purchase 10 Cisco Catalyst Switches from World Data in an amount of$48,350.00 with funding from the IT 2018 budget.

E. PARKS+ RECREATION -John Knight

l. Consider approval of Home Rule Resolution No. HR-2018-3 amending Shawnee County Code Section 4-81 and 4-82 regarding selling, serving, possessing, or consuming alcoholic liquor or cereal malt beverages on County Property (first reading}--Commissioner Cook.

2. Consider approval to solicit qualifications/quotes for the design and printing of"'The Guide" for the summer, fall and winter 2019-2020 issues.

3. Consider approval of request to award bid for the repairs of the Ward Meade Mansion Porch to Mosher Construction at a cost of$31,363.00 from Capital Maintenance (3R) fund and authorization and execution of Contract C414-2018 for same.

F. CORRECTIONS-Brian Cole

I. Consider approval of request to use contingency funds for repair of damages to a prison cell in an amount of $3,000.00.

2. Consider approval of request to use contingency funds for retrieval and removal of files from Iron Mountain Inc. in an amount of $15,541.80.

G. APPRAISER- Steve Bauman

I. Consider approval of request to solicit bids for change detection services which uses artificial intelligence to compare two sets of aerial photography from two different time frames and reports the differences to identified improvements with an estimated cost not to exceed $12,000.00 or .15 per parcel with funding from the Land Records Fund.

H. SHERIFF'S OFFICE -Sheriff Jones

1. Acknowledge receipt of correspondence from Sheriff Jones regarding the purchase of a new software module and first year maintenance agreement (Contract C415-20l8) with Tyler Technologies/New World for Web Briefing/BOLO to also be used by the Topeka Police Dept. for internal criminal intelligence at a cost to be split 50/50 with TPD and the Sheriffs portion being $6,945.00 with funding from the 2018 budget.

2. Acknowledge receipt of correspondence from Sheriff Jones regarding the purchase of a stonn shelter for the Barta Training Complex from Protection Shelters, LLC at a cost of$39,500.00 with funding from the Special Project Fund.

3. Acknowledge receipt of correspondence from Sheriff Jones regarding the purchase of ten Pro­Gard transport seats plus shipping from 911 Custom Upfitters for a total of $1 1,820.00 with funding from the 2018 budget.

Page 3: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

I. ADMINISTRATIVE SERVICES- Betty Greiner

I. Consider approval of request to transfer contingency funds in an amount of $508,000.00 to the Capital Outlay Fund for 2019 approved Capital Outlay expenditures.

2. Update on revenue and expenditures as ofNo .... ember 30,2018.

J. COMMISSION

I. Acknowledge receipt of resignation as Planning Director from Barry Beagle as of December 28, 2018.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

Page 4: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Harper, Cindy

From: Sent: To: Subject:

Beck, Cyndi Wednesday, December05, 201812·33 PM Harper, Cindy FW: Cox Communications LFA Notification- Price Changes

From: Allen, Usa (CCI-Central Region) [mailto:[email protected]] Sent: Wednesday, December 05, 2018 10:53 AM Subject: Cox Communications LFA Notification - Price Changes

Dear local Franchising Authority,

!_/I-rr!

1

This letter is to inform you that effective January 8, 2019, the pricing of Cox's video will change to reflect the increased costs of doing business. Cox continues to evolve our service offerings to meet the increasing market demand for new products and features. As a result, Cox customers will continue to get a great value with Cox's suite of services.

The primary reason for the increase in the retail price of cable television is the rising wholesale cost of television programming. Television networks are charging higher fees to the cable and satellite companies that distribute their television content instead of primarily relying on advertising to generate income. While Cox absorbs as much of these

price increases as possible, a portion must be passed to the consumer.

We are in a competitive business and we work to keep our prices as low as possible. As you are aware, Cox is not the only service provider raising costs, and our retail prices remain extremely competitive in the marketplace. Cox is also proud to continue offering customer support 24 hours a day, seven days a week with our US-based care centers.

Below is a list of our upcoming price changes. All of our customers have been provided notice in advance of the pricing changes in accordance with required notification standards. If you have any questions, please don't hesitate to reach me

at (785) 215-6727 or [email protected].

Sincerely,

Megan Bottenberg Manager, Government Affairs Cox Communications Central Region

1

Page 5: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

~D .. :•~-•

·~ · I ,WMM I ' .-w t Oil._. I -'";QIM&r

lT\IP~ ~ar1~rr $25.00 S!S.CXI $0.00 [);~

Con1cw Am sun er 12:5..00 Sl).OO ~0.00 n~

. W~C:OrLOI'IW $.J:8.[]0 ~AIO,OJ ;s.;r.c;o 5 .J "-

· TV Ehc~ti•l $;19.99 SR.49 u .fiO ), I Ill. CantourTVIAd~•nc~l $84.99 $&7.49 u.so UK C.Cn ,CUt' TV UI11M:IItl> $166.~ ~iCITA9 so.~ UK

TV• .aa .. t 1 PaottVetle t.! t ino U6AJO. I s :J~-J;JJ I ~lli;Q I 0.~

l$wdt.., aroa.cscur !llrcJI"''C• I !1.)0 I SID.OO I $1..~ I ,,~

~'~•"on~l Sporu :S.Urm~rglt I ~l .~ I ~-ISO I tS.o.Ml I .t.l. !l'lr.

I'TVP•NII V•rltty P6k $U.OO S l:Z.OO $0.00 o.cm MOvit' Pa~ $12..00 $12.00 $0.00 0.0910 Spans a lnlo l'a .. :sro..oc SlO.OO so.oo 0.~

~ort$ P~t! $ Ul.OQ $\0.00 $0.00 0.0%

latirlo Pak $1D.OQ :i l O.OO !>0.1;0 QO'J'

~nmlullitt ~ Sl5.9' ~t~.~ $() 00 M~ $1\CWJ(1MII $1~ .!' !U5.919 $0.00 n~

Cinllr'tl~lt $15.99 s l5.1ol9 ~o.w 00'4 Sta11 $15.99 S15.grj s,o.oo 0.09(.

Eplx $10.00 SID.OO $0.00 M~

a~ cere ss.oo s~oo $0.CO 0.0%

:OVA~ 2 Tuner O'IR $e,....;c;e I Sl2.99 I s 12.grj $0.00 I n~

ll<et%:lrd 6/ WH ~ SCTTiCt: I s~.~ I S l~.9:t I so.oo I 0.096

-.....~, J/I/JII1t ·OI•wtd~•- ~:IJHI!.ail ,,,...._

. Co n .tOU r FJ_, Eo::JI\OIIi\"( -· . --· S40.0~ $40.00 so.oo 0.0" T\1 fm nomv Plus S<l,,,, $4!.!9 $(1.00 0.0~

~6KW~ch $4.51 s:s.sa ~1.0~ ·ZlA~

Contou r 'TV ''fl~c-d $95.99 SCJ9.-49 sao U 'll\

OJntourlV r r<emlel' $108.!!, S111.49 ~;t,,O 2,.,,. Ad11lV Ult IADIVlW lTl S.63.Al' Sl &.U't i0.50 o.:n; MYN Vll'l"r/4~ (~14) $172..47 5172.97 .st.n O.J'JI.

Mvt'V Ult t't/lt£ 0Vt (AO'JT'IIULT6) $168~ $1&!!.-fl .SO:SD O..n.i

CfV Ull wl R.6 "-'R ICON 'roO AU l n Sl&l-.99 S\6'6A9 10.1-0 O..i'lti

~IWitlfat._...tib~N '-tl.u EIMibc $!.Ua ~-~ $0.()(1 OJm

Suoer M;.c s~.99 ~7.-49 suo :u" fte11 Willr.h Uldoo $1Hl SU.50 ~l.OLI •7.0~

TV~IIOir"f l:ltfno. $41.(l0 $4K.OO So.oo 0.0" lDIILOUI ReK Stllltef' l.-tirl e> sn.oo sa~.oo so.oo O.<m CaDtDu r A !!!II EmnDmV Latino $SO.OO ~.00 so.oo 0.~

Co~ouriV !.&tho $~91l $9T-'9 U .5o J..6'JI,

Gi11tout 'TV Lttne> P~lmeil SU».99 5 109~ 1Ut 23"-Cl:llltoLJ t1Vuzna Uhim:rtO Sl.n.n .SL79A9 ~:so 0.3'!:>

2

Page 6: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNTY Department of

Emergency Management 200 SEth Street

Emergency Operations Center Topeka. KS 66603 (785)251-4150

November 30, 2018 Dusty Nichols, Director

MEMO:

TO:

FROM:

Contract C207-2016 Compliance Certification & Invoicing Oct-18

Ambulance Advisory Board Members Board of County Commissioners Shawnee County Kansas

Nelson E Casteel -Ambulance Compliance Officer .,.J/ Shawnee County Emergency Management fl i

This report signifies and certifies that the Shawnee County Ambulance Compliance Officer has found that American Medical Response (AMR) is in compliance with the response parameters and requirements as set forth in Contract C207-2016 for October 2018.

Oct-18 TOTAL ONTIME LATE PERCENT STANDARD

Zone 1 1694 1563 131 92.27% 9:00

Zone2 111 82 29 73.87% 11 :00

Zone3 40 16 24 40.00% 12:00

Zone4 17 8 9 47.06% 15:00

KTA 8 5 3 62.50% DEPENDS ON ZONE

TOTALS 1870 1674 196 89.52% 80% PASSING

LATES PENALTY

'

Oct-18 PENALIZED

Zone 1 54

Zone 2 6

Zone 3 5

AMOUNT $2,830.00

$840.00

$280.00

$10 PER MIN OVER

15:00

18 00

2000

AMR will be penalized in the amount of $4070 for long responses in the four different zones as outlined in the contract.

Zone4 2 $120.00 2200

TOTALS 67 $4,070.00 No Penall<£"" V.T A per oonlrao1)

Statistics and reports for previous years can be found on the Ambulance Compliance Officer website located at www.snco.us/em

Please place on the Consent Agenda for review.

Should you have any questions please feel free to contact: Compliance Officer Nelson E Casteel at I 1!<l~!n£2Jo!§Or 785-251-4558

Mitigation Preparedness Response Recovery

LL--

Page 7: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

2 2 2

C207·20161 1/18

Page 8: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

c t on rae - - co t C207 2016 0 t b er 2018 c r omD11anc e MONTHLY TOTALS

2017 DISPATCHED CANCELLATION ARRIVED TRANSPORTED REFUSED 17-Jan 1580 52 1528 1165 363 17-Feb 1312 41 1271 1005 266 17-Mar 1967 124 1843 1348 495 17-Apr 1813 90 1723 1259 464

17-May 1984 141 1843 1333 510 17-Jun 1983 131 1852 1325 527 17-Jul 2101 119 1982 1396 586

17-Aug 1960 132 1828 1289 539 17-Sep 2065 147 1918 1341 577 17-0ct 1997 136 1861 1331 530 17-Nov 1962 139 1823 1274 549 17-Dec 1960 161 1799 1278 521

TOTALS 22684 1413 21271 15344 5927

MONTHLY TOTALS Jan-Oct 2017 DISPATCHED CANCELLATION ARRIVED TRANSPORTED REFUSED

17-Jan 1580 52 1528 1165 363 17-Feb 1312 41 1271 1005 266 17-Mar 1967 124 1843 1348 495 17-Apr 1813 90 1723 1259 464

17-May 1984 141 1843 1333 510 17-Jun 1983 131 1852 1325 527 17 -J ul 2101 119 1982 1396 586

17-Aug 1960 132 1828 1289 539 17-Sep 2065 147 1918 1341 577 17-0ct 1997 136 1861 1331 530

TOTALS 18762 1113 17649 12792 4857

MONTHLY TOTALS Jan-Oct 2018 DISPATCHED CANCELLATION ARRIVED TRANSPORTED REFUSED

18-Jan 2238 159 2079 1495 584 18-Feb 1963 124 1839 1338 501 18-Mar 2006 132 1874 1338 536 18-Apr 2032 194 1838 1232 606

18-May 2211 183 2028 1379 649 18-Jun 2128 191 1937 1306 631 18-Jul 2121 190 1931 1363 568

18-Aug 2119 181 1937 1334 604 18-Sep 2117 208 1909 1356 553 18-0cl 2038 168 1870 1328 542

TOTALS 20973 1730 19242 13469 5774

TOTALS Jan-Oct DISPATCHED CANCELLATION ARRIVED TRANSPORTED REFUSED

2017 18762 1113 17649 12792 4857 2018 20973 1730 19242 13469 5774

INCREASE OF 2211 617 1593 677 917

Page 9: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

COUNTY-WIDE RESPONSE TIME PERCENTAGES

RESPONSE CONTRACT C428·2005 CONTRACT C207-2016

TIMES f----,-----r---.-----r--I----,-J.,-an--0:-c:-t T-:FY::::-lrF:::cY:-rF:::cY:-1 FY2013 FY2014 FY2015 FY2016 TOTAL FY2017

2018 2019 2020 2021

10:00 to 1:00 1.13% 2.66% 2.52% 3.03% 2.32% 1.82% 11:01 to 2:00 2.63% 2.93% 2.82% 3.76% 4.72% 3.66%

~o:l"',.,oJ·1-;: to'.., j::,ou--l-::76i .. B=4+7.7"': .. 81 ;;:;:-"r:;;:7' .. 19~3'-t--:;C9o-; .. 19 :;;;-%It'· r;' ':':'+-"9:":.79::.:%'+-..::8.":'19.::':% --l

~lj,~OJ'1~ 10l~·4::oo E=fill14· .. 71~~~15im . .40~1~5i .. ~57E1~5.8~5·lv.~· 13.88% 11.95% 14:01 tob:OO 18.1 18.00% I 15.13 13.25%

15:01 to 6:00 17.15 16.30% · ·:::,· .+-.,11: 3.=:7-48+--7. 11: 3""1 .. 167:::::--1% 16:01 to7:00 11.46% 9.68% 10.11% 10.26% 1 · 10.78% 10.65% 7:01 to8:00 8.12% 6.79% 7.62% 7.48% 8.11% 8.07%

8:01 to 9:00 4.86% 4.89% 4.94% 4.83% • 5.57% 7.18% ":u1 to 1u:uu 3.45 3.45 3.68' 3.03% 3.94% 4.61% 10:01 to 11:00 2.44 2.46 2.54' 2.33' :/.; 3.00% 3.41

11:01 to 12:00 1.85% 1.99% 1.85% UQ 2.25~ 3.00

~.:~""'":~:1 :c::-::rr;;;!~~,.--1-::'~·~=~:=~+-=6:':.082=1%%:-+~-:'0.88% ~ ·~ Hf,;, ~.~~~ 14:01 to 15:00 0.58% 0.60% 0.74% 0.59% :. 0.84% 1.27%

15:01 to 16:00 0.41% 0.20% 0.48% 0.41% ~.#% 0.75% 0.95% 1o:u1 to 1 r:uu 0.35 0.10% 0.34% 0.29% ; 0.44% 0.79%

f,-,1 r:;:iou117.: to~ 1a:uu_ -1--7 oo~~~':C'---t~:::--t-7 OJ19'. •: · 0.37 o.61 m:u1 to 1 ~:oo_ 0.1 1% OR · · . 0.39 0.56'

19:01 to20:00 0.12% 0.19% 0. ~2~ 0.24' ,,. 0.30 0.41'

20:01 to21:00 0.11% 0.12% 0.15% 0.14% .. ~ 0.23% . 0.39%

~~·~~: ~~~~ ~·~~~ ~.~~~ ~ :~~ ~ ~J~ .. . •.. ·. ~~,_.% +--:~"::'~· 23:01 to 24:00 0.02% 0.12% 0.11% 0.05% 1f;-t-0:':.17.6o/,c:-' +-70.2,.,.1':.;.1· --l <4:U1 toLOIUO 0.05% 0.12% 0.06% 0.02% 0.08% 0.19%

125NtoLbiOU 0.01% 0.12% 0.06% 0.02% ., 0.07% 0.15%

j26:oT~.,...,1 to:-;'";o,rr:o,---o+.o"" .. 03 ::::::--%f-;.c01 .. 1~2%+-::: OJ .. =06%-t-:O~.o.'-+' · 0.04' 1.10' f;027c,;,:OJ"1,.;:1 to~ 2H::OO ;;-f-~0.o1. -':"-%f-0:::.:1:.1=-2%f-:'~='-J--:0~.0-i' J.C ).06' 2H:01 to29:00 O.o1% 0.12% 0.06% 0.00% . J.C 0.10% 29:01 to30:00 0.00% 0.12% 0.06% 0.01% . 0.04% 0.07%

30:01 to 35:00 0.00% 0.12% 0.06% 0.02% 0.05% 0.23%

35:01 to 40:00 0.00% 0.12% 0.06% 0.02% 0.03% 0.07%

40:01 to 45:00 0.00% 0.12% 0.06% 0.02% .· .. · 0.02% 0.04% 40:01 to ou:uu 0.00 0.12' 0.00% 0.01% .: 0.01% 0.05%

100:01 or more O.OC 0.12' 0.00% 0.00% 0.00% 0.04%

I TOTALS 15206 16304 16865 17731_ . . . . 21271 19242

As of 11/30/18

Page 10: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Shawnee County A3 Office of County Clerk

CYNTHIA A. BECK

785-251-4155 Fa11 785-251-4912 200 SE 7'" Street Room 107 www.snco.us Topeka, Kansas 66603-3963

M E M 0 R A N D U M

DATE: December 10, 2018

TO: Board of CountY, Commissioners

~ A.~, County Clerk FROM: Cynthia

re: 2019 Cereal Malt Beverage Licenses

Please place on the agenda for consideration the Resolutions and accompanying documents related to issuing 2019 Cereal Malt Beverage Licenses to Dillon's Store #37 located at 6829 SW 29th Street 1 Topeka, Kansas and Greatlife @ Safari Golf located at 7523 SW 21 3

t Street, Topeka, Kansas including Sunday Sales.

These applications have been reviewed by the Counselor's Office. There are no delinquent taxes owing on these properties. The Kansas Bureau of Investigation and Township have been notified and health inspections have been performed.

Thank you for this consideration.

Attachments

Page 11: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

RESOLUTION NO. ,:w~ -71 •

WHEREAS, the Township Board, having been given notice pursuant to K.S.A. 41-2702(b), concerning the application for a Cereal Malt Beverage License,

AND WHEREAS, the Kansas Department of Agriculture has no objection to a Cereal Malt Beverage License being issued to the applicant listed herein for the year 2019.

AND WHEREAS, the Kansas Bureau of Investigation has no objection to a Cereal Malt Beverage License being issued to the applicant listed herein for the year 2019.

AND WHEREAS, the Board of County Commissioners of Shawnee County, Kansas, knows of no reason why the following application for Cereal Malt Beverage license should not be allowed:

Dillon's Store #37 6829 SW 29'" Street

Topeka, Kansas

THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, sitting in regular session on this __ day of --~--,---· 2018 that the application for Cereal Malt Beverage License be approved and the County Clerk be authorized and directed to issue a license to the above listed applicants.

ATIEST:

Cynthia A Beck, County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chair

Vice-Chair

Member

Approved .. ID IAigllllly

- Fomt: Daten I .,.

ASST. CO. COU

Page 12: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

CORPORATE APPLICATION FOR LICENSE TO SELL CEREAL MALT BEVERAGES (This form has been prepared by the Attorney Generars Office)

D City or 0 County of Shawnee

1 - LICENSE TYPE

One: D New License 0 Renew License D Special Event Permit

the

2- APPLICANT INFORMATION

Kansas Sales Tax Registration Number (required): 0044801956590F01

I have registered as an Alcohol Dealer with the TIB. DYes (required for new application)

3 - LICENSED PREMISE

Page 1 of 4

AG CMB Corporate Application (Rev. 10.25.17)

Page 13: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

UUN 5 MANAGER OR AGENT INFORMATION

-;,;-place of business or special event will be conducted by a manager or agenl. I Ill Yes 0No

I yes, provide the following

~ ~ ~ 'Road

or I Information"'

I ., .. ~ ""' C'Y ~pCod•

I """' UUN 6 QUALIFICATIONS FOR LICENSURE

Within 2 years immediately preceding the date of this application, have any of Ule individuals identified 1n Sections 4 & 5 have been convicted of, released from incarceration for or released from probation or parole for any of the following crimes•:

DYes Ill No (1) Any felony; (2) a crime involving moral turpitude; (3) drunkenness: (4) driving a motor vehicle while under the influerK:S of alcohol (DUI); or (5) violation of any state or federal intoxicating liquor law.

Have any of the individuals identified in Sections 4 and 5 been managers, officers, directors or stockholders owning more than 25% of the stock of a corporation which:

DYes Ill No (1) had a cereal malt beverage license revoked; or (2) was convicted of violating the Club and Drinking Establishment Act or the CMB laws of Kansas.

All of the individuals identified in Sect1ons 4 & 5 are at least 21 years of age* Ill Yes 0No

SECTION 7 - DURATION OF SPECIAL EVENT I Stort Dato Trn•

DAM OPM

I End D"• T;m, DAM 0PM

Proceed to Section 8 on the next page.

Page3of4

AG CMB Corporate Applk:al1on (Rev. 10.25. 17)

Page 14: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

1! z :t> r ""U

~ z

• ··:

DIL-037 6829 SW 29TH STREET

TOPEKA.KS

• . -t

IEXISD BOLNTIFUL

Page 15: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

KEEP THIS LICENSE POSTED CONSPICUOUSLY AT ALL TIMES

Fee, $275.00 RETAIL No. 2019-8

DEALERS 2019 LICENSE

CEREAL MALT BEVERAGES

TO ALL WHOM IT MAY CONCERN:

License is hereby granted to Dillon's Store #37 to sell at retail in original & unopened containers and not for consumption on the premises at 6829 SW 291

h Street, Topeka, Kansas in the Township of Mission in. Shawnee County, Kansas

Application therefor, on file in the office of the County Clerk of said County, having been approved by the governing body of said Township, as provided by the Laws of Kansas, and the regulations of the Board of County Cmrunissioners.

This license will expire December 31,2019, unless sooner revoked, is not transferable, nor will any refund of the fee be allowed thereon.

Done by the Board of County Commissioners of Shawnee County, Kansas, This ~-day of , 2018.

Attest: ~C-yn~tl~,;~a~A~.~B~e~ckc-~~~~~~~---

Shawnee County Clerk Kevin J. Cook Chair

Common/deb/cmblliccnse to rctail.doc

Page 16: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

RESOLUTION NO. c2oL'l--7 ;J_

WHEREAS, the Township Board, having been given notice pursuant to K.S.A. 41-2702(b), concerning the application for a Cereal Malt Beverage License,

AND WHEREAS, the Kansas Department of Agriculture has no objection to a Cereal Malt Beverage License being issued to the applicant listed herein for the year 2019.

AND WHEREAS, the Kansas Bureau of Investigation has no objection to a Cereal Malt Beverage License being issued to the applicant listed herein for the year 2019.

AND WHEREAS, the Board of County Commissioners of Shawnee County, Kansas, knows of no reason why the following application for Cereal Malt Beverage license should not be allowed:

Greatlife@ Safari Golf 7523 SW 21'1 Street

Topeka, Kansas

THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, sitting in regular session on this __ day of --,-,-,----;:--' 201 B that the application for Cereal Malt Beverage License be approved and the County Clerk be authorized and directed to issue a license to the above listed applicants.

ATTEST:

Cynthia A. Beck, County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chair

Vice-Chair

Member

Approved as to Legality and Form: Date ll., 1 -,r r

( ( t?) ASST. CO. COUN$LOR

Page 17: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

CORPORATE APPLICATION FOR LICENSE TO SELL CEREAL MALT BEVERAGES (This form has been prepared by the Attorney General's Office)

0 C"t 0 c ty f 1 y or " '"' 0 Shawnee

SECTION 1 -LICENSE TYPE

Check One: 0 New License E1 Rensw Licen:;;~;.> 0 Special Evenl Permit

i ; ~::: ~ereal malt

''"'"'" i I I i

SECTION 2-APPLICANT INFORMATION

Kansas Sales Tax Registration Number (required): 004-480994045F..Q1

I have registered as an Alcohol Dealer with the TTB. 0 Yes (required for new application)

F':'·· i I I , ..

lro,;k, 1 \.~·· 166605

~ides of I ·~ ~ filo "~ ··1 iijYM 0 No ,,.,_, ,_,.,.

lzd r';'i"," 1.~ .. 166618

SECTION 3- LICENSED PREMISE ,-PiOm••.

'E.oml "'' Nomo If @l Safari

',-,,;··;~-::'~" Addeo" "

I Cdy lr"_ A COy _Stoto ,,,

'"'' ,ioj d tJuSlil&ss locat~n. ,;do.; ' i

~~·~ . KS

4- ···-·· . "" '

; 25%0R

'"""''~·-~:·; " ~

,,,,, F I I:

NW lr';;%,, [.~ ....

~ g~ 1. ~ ':'.~~""

I I ••. "' BOrth I '""'" ' I Ci<y I ... ,.

1 """"'" Nomo I '""".' 1 ...

' I Cdy I ... ,. 1 Nomo

I '"""" I""'""'"" I City \'"'"

1 '""'" No~ I '""'" I.,.

i I COy I""' .

Page 1 of 4

AG CMB Corporate Application (F "v. 10.25. 17)

Page 18: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SECTION 4 OFFICERS, DIRECTORS, STOCKHOLDERS OWNING 25% OR MORE OF STOCK {CONTlNUED)

Namo Position Dattl of Birth

ReEl dance Street Add!'fls City I State Zip Code

Spouse Name Position Date of Birth

Residence Street Address Cit)' I,..., Zip Code

N11me Position DIIW of Birth

Residence Street Address Ctty I StaN Zip Code

Spouse Name Position Dale of Birth

ResidenCI3 Street Address Cit~ ] State Zip Code

Name Position Date of Birth

Residence Street AddreSil City I State Zip Code

S!)ause Name Position Date ot Birth

Residence Street Address Ctty I Stat& Zip Code

Name Position Date ofBWth

Residence Street Address City I State Zip Code

Spouse Name Position Date of Birth

Resiclence Slret!t Address Ctty I SUit Zip Code

Name Position ua e 01 101nn

Residence Street Address Cit~ 1 State Zip Code

Spouse Name Position Data of Birth

Residence Stre&t Address City I State Zip Code

Name Position Date of Birth

Residence Street Address City I'"'" Zip Code

Spouse Nama Position Date of Birth

Resldef1ce Slreet Address City I State Zip Code

"'~ Position Date of Birth

Residence Street Address City j State Zip Codl

Spouse Name Position D•te of Birth

Residl!rtee Street Address City I Stale Zip Code

Name Position Date of Birth

Rl!Sidem:e Street Address City I'"'" Zip Code

Spouse Name Position Dati of Birth

Residence Stroot Address City I Slate Zip Cod•

Paga 2 of 4

AG CMB Corporate Application (Rev. 10.25.17)

Page 19: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SECTION 5- MANAGER OR AGENT INFORMATION

My place of business or special event will be conducted by a manager or agent. DYes DNo

If yes, provide the following:

Manager/Agent Name Phone No. Dale of Birth Kim Swearin!=Jen 785-220-7005 11-29-1961 ReslderiCe Street Address City Zip Code 1109 SW Mission Ave Topeka, KS 66604

Manager or Agent Spousal Information* Spouse Name Phone No. Data ol Birth

Residence Street Address City Zip Code

SECTION 6- QUALIFICATIONS FOR LICENSURE

Within 2 years immediately preceding the date of this application, have any of the indill'iduals identified in Sections 4 & 5 have been convicted of, released from incarceration for or released from probation or parole for any of the following crimes*: DYes 121 No (1) Any felony; (2) a crime involving moral turpitude: (3) drunkenness: (4) driving a motor vehicle while under the influence of alcohol {DUI); or (5) violation of any slate or federal intoxicating liquor law.

Have any of the individuals identified in Sections 4 and 5 been managers, officers, directors or stockholders owning more than 25% of the stock of a corporation which: DYes 121 No (1) had a cereal malt beverage license revoked; or {2) was convicted of violating the Club and Drinking Establishment Act or the CMB lam of Kansas.

All of the individuals identified in Sections 4 & 5 are at least 21 years of age~. 121Yos DNo

SECTION 7- DURATION OF SPECIAL EVENT Start Data Time

DAM DPM

End Date Time DAM DPM

Proceed to Section 8 on the next page.

Page3ol4

AG CMB Corporate Application [Rev. 10.25.17)

Page 20: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

:n':.t .,

SECTIO,t{':·a -:·L.ICE~SED.PRE.Ml~.e~ · .. :-:, :~. ·. ·) ·.·. ··: . .-.. ·~ ::.! . .;'_,:·~ .. : •· .; ~.~L·': .. ,!. )· ·<~;:_, _,, !::.:.~ In !he apace below, drsw the aroa you wish to sell or deliver CMB. Include entrancBs, exits and storage areas. Do not Include areas you do not wish to lloense. If you wish to attach a dnlwlng, che~ the box: D B ~· by 11" drawing auached.

,:1.752J $(

'T2 1ttStr

,

w*r

I declare under penal of perjury under the laws of the State of Kansas that the foregoing Is true and corroct ana that I am authorized y (KS.A. 53·601)

SIGNATURE DATE

F~R CITY/COUNTY OFFICE USE ON!-Y: (JO !IJ. I "j4 License Fu Received Amount$ ~- Date d.UI I $;('

($25 · $50 for Off-Premise Bcense:or $~5-290 On-Premise license) l! $25 CMB Stamp Fee Received Date ,, I o?t.! h? 0 Background lnve~>tigatlon 0 Completed Date ----- 0 Qualified 0 Oisquarrfied

0 Verlned applicant lias raglstered with tha TIB •• an Alcohol Dealer

0 New Llcenae Approved

0 Llcenn Renowed

Valid From Date ____ _ to----- By:-----

Valid From Date _ _ _ _ _ lo ----- By;-----

0 Special Event Permit Approved Vafid From Date _ _ _ __ to _____ By:-----

A PHOTOCOPY OF THE COMPLETED FORM, TOGETHER WITH THE STAMP FEE REQUIRED BY K.S.A. 41~2702(e), MUST BE SUBMITTED WITH YOUR MONTHLY REPORT (ABC-307) TO THE ALCOHOLIC BEVERAGE CONTROL, 915 SW HARRISON STREET, TOPEKA. KS 88812.

• Applicant's spouse Is not required to meet citizenship, re&ldoncy or age requlrements. If renewal appHcatlon, applicant's spouse I& r.ot required to meet lhe no criminal history requlremonl K.SA 41-2703{b)(9)

Page 4 of4

AG CMB CorporataApplicatlon(Rev. 10.25.17)

Page 21: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

AFFIDAVIT FOR SUNDAY SALES ON PREMISES

STATE OF KANSAS, COUN1Y OF SHAWNEE, SS.

I /( i<-k (q rrqn L , the applicant in the application to which this affidavit is attached, do solemnly swear that:

1. Sales of cereal malt beverages will be permitted on Sunday, only for consumption on the premises.

I do solemnly swear that I have read the contents of this affidavit, that all information and statements herein contained are complete and true, and that all provisions of this affidavit will be complied with. So help me God.

(~2:~ SUBSCRIBED AND SWORN TO before me this l 0 day of A/o V '"''" 2018 .

OTAAY PU8UC • 8111oof K>lllat 0 -.1 /) ~ /J SCOTTO.SlABAUGII ~ · .)/

M~Ai>fi.Expns '8"-3-2Dzo (Character of official adn1if1i5tem9(}ath)

My commission expires on the~ day of A Uf u> t , 20l_Q 0

*********

APPLICATION APPROVED this ___ day of _____ , 2018.

By~~~~~~~~~-(Official position)

of Shawnee County, Kansas.

Page 22: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

KEEP THIS LICENSE POSTED CONSPICUOUSLY AT ALL TIMES

Fee, $525.00 RETAIL No. 2019-9

DEALERS 2019 LICENSE

CEREAL MALT BEVERAGES

TO ALL WHOM IT MAY CONCERN:

License is hereby granted to Greatlifc@ Safari Golf for consumption on the premises and Sunday Sales located at 7523 SW 21st Street, Topeka, Kansas in the Township of Mission in Shawnee County, Kansas

ApplicaLion therefor, on file in the office of the County Clerk of said County, having been approved by the governing body of said Township, as provided by the Laws of Kansas, and the regulations of the Board of County Commissioners.

This license will expire December 31,2019 unless sooner revoked, is not transferable, nor will any refund of the fee be allowed thereon.

Done by the Board of County Commissioners of Shawnee County, Kansas, This __ day of , 2018

Attest: -:--::---c--------------­Cynthia A. Beck Shawnee County Clerk

Kevin J. Cook Chair

Commortfdeb/cmb/crnb Jiceru;e for consumption on premises. doc

Page 23: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

..

ROBERT]. PERRY, ESQ. 9422 SW Hodr Road

POBox359 Auhum, Kms<IS 66402 Voice- 785/251i.226fi

MobJ1c- 785/640.1842 robettjoclpcrry@' gmai7. com

l:Y;

December 7, 2018

MEMORANDUM

Agenda: December 13, 2017

TO: Cha.innan, Kevin Cook; Vice Chairman, Michele Buhler; and Commissioner, Robert Archer;

FROM: Bob Perry

On December 18, 2017 the Board passed and approved County Resolution No. 2017-86 which authorized the issuance of the CoWlty's Taxable Industria1 Rt:vcnue Bonds, Series 2017 (29 Fairlawn, ll...C Projt.x:t) in one or more series of bond issues in the estimated principal amount of $75.,000,000.00 (the "Bonds'). The proceeds from the Bonds are to finance the acquisition and installation of commercial improvements, including but not limited to entertainment amenities, restaurants and apartment buildings, on the 14+ /- acre area northwest of the intersection of 29th Street and Fairlawn Rd (the "Project"). The Project is being leased by 29 Fairlawn, U..C or its assigns. 29 Fairlawn is also the purcha.<;cr of the Bonds, and, in an effort to provide as much flexibility in the further development of the Project and enhance the opportunity for r~tum un the investment, iL has decided to have a series of bond issues to correspond to the various phases of the Project's development. 1hls Resolution authorizes the execution and delivery of supplcml-'11ts to the original Rond Trust Indenture, Ba.'!e Lease and Lease Agreement so as to permit 29 Fairlawn to assign certain separate tracts of the site to a special putpose entity, owned in whole or in part, by 29 Fairlawn, whose purpose is to finish the development of Project located on that site.

1 he Project lies within a tax increment finance district created by the City ofT opcka, so there is no ad valorem exemption for the Project. The incremental increase in ad valorem tax revenue attributed to the increase in value of the Project will be spent on costs which qualify for TIF revenues.

The Bonds, pursuant to KSA. §12-1740 et seq., are special limited obligations payable solely from rents and revenues due from 29 f'airla:wn or its assigns as lessee under the Lease, the Bonds do not constitute a debt of the County within the meaning of any consriturional or statutory provision and are not payable in any manner from tax revenues.

Resolution No. 2018-:rl_

A RESOLUTION AUTHORIZING THE EXECUTION AND DEUVERY OF SUPPLEMENTS TO (1) BOND TRUST INDENTURE, (2) BASE LEASE AGREEMENT AND (3) LEASE AGREEMENT ARISING OUT OF THE COUNTY'S ISSUANCE OF ITS TAXABLE INDUSTRIAL REVENUE BONDS, (29 FAIRLAWN, LLC PROJECT); AND AUTHORIZING THE OFFICERS, EMPLOYEES AND REPRESENTATIVES OF SHAWNEE COUNTY, KANSAS, TO DO AND PERFORM ALL THINGS NECESSARY, APPROPRIATE AND INCIDENTAL THERETO UNDER THE AUTHORITY OF KS.A. §§12-1740 ET SEQ.

Page 24: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

RESOLUTION NO. 2018'2'?

A RESOLUTION AUTHORIZING THE EXECUTION AND DEUVERY OF SUPPLEMENTS TO (1) BOND TRUST INDENTURE, (2) BASE LEASE AGREEMENT AND (3) LEASE AGREEMENT ARISING OUT OF THE COUNTY'S ISSUANCE OF ITS TAXABLE INDUSTRIAL REVENUE BONDS, (29 FAIRLAWN, LLC PROJECT); AND AUTHORIZING THE OFFICERS, EMPLOYEES AND REPRESENTATIVES OF SHAWNEE COUNTY, KANSAS, TO DO AND PERFORM ALL THINGS NECESSARY, APPROPRIATE AND INCIDENTAL THERETO UNDER THE AUTHORITY OF KS.A. §§12-1740 ET SEQ.

Whereas, the Board of County Commissioners (the '"Board'') of Shawnee County, Kansas (the "County''), pursuant to KS .. A .. §§f2-1740 et seq., and County Resolution No. 2017-86 (collectively the "Act''), issued, wider a Bond Trust Indenture (the «Indenture") executed and delivered by and between the County and BOKF, N.A., Kmsas City, Missouri (the ''Trustee") dated as of January 26, 2018, its Taxable TndustriaJ Revenue Bonds, Series 2018 (29 Fairlawn, LLC Project) in one ot more series of bonds in the estimated aggregate principal amount of $75,000,000.00, (the ''Bonds''), with the proceeds therefrom being used to acqWre a site known as Lots 1 through 5, inclu~ivc, Block 'A', \Vhcatfield Village Subdivision, Topeka, Shawnee County, Kansas (the "Site'') and install improvements such as buildings, building additions, equipment, furnishing.; and other bettt:rmcnts and lease the same to tenants for commercial purposes (the "Project"); and

Whereas, in connection with the issuance, sale and delivery of the Roods, the County and 29 Fairla'i.Vtl, llC ('29 Fairlawn') executed and delivered a Base Lease (the "Base Lease") and Lease Agreement (the "Lease") each datl:d as of January 26, 2018, together -.with other documents related thereto; and

Whereas, the 29 Fairlawn desires to maximize its flexibility related to installation of the Project and thereby the rerum on its investment in the Project by transferring and assigning specific tracts or lots on the Site to separ-Ate special purpose entities owned, in whole or in part, by the members of 29 flairlawn (the "SPES'') for specific development improvements nn such separate tracts or lots to be then leased or sold to third parties for commercial operations on the Site; and

Whereas, the Act, Indenture, Base Lease and Lease pennit such assignmt:nts, provided the County, 29 Fairla\\ill and Trmtcc agree to such assignments under Supplemental Indentures, Base Leases and Leases; •nd

Whereas, the Board, pursuant to the Act, finds that the proposed execution and delivery of Supplemental Indentures, Base Leases and Leases to effectuate the issuance of additional series of bonds to correspond to SPE improvements on the Site for further development of the Project by 29 Fairlawn or an assignee SPE would promote economic growth and jobs in the County and the State.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF SHAWNEE COUNTY, KANSAS'

Section 1. Definition of Terms. All terms and phrases not othenvise defined herein shall have the respective meanings ~ct forth in the Indenture, the Base Lease and Lease Agreement, and supplements thereto, each dated as of the date reflected thereon.

Scrtiptt 2. Authorization of Supplemental Indentures. The County is hereby authorized to enter .inro supplements to the Indenture with BOKF, N.A., Kansas City, Missouri with each such supplement

Page 25: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

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

dated as of the date set forth therein. The fonn of such document is deemed approved as evidenced by the Chairman's execution thereof, under which the County shall pledge to the Trustee, the Trust Estate as described in the Tndenture, for the benefit of the owners of the Bonds on the tenns and conditions set forth in the Indenture, as supplemented from time to time.

s~otion 3. Lease of the Project. The County has caused the Project to be Leased from and back to 29 Fairlawn putsuant to and in accordance with the provisions of the Base Lease and Lease Agreement each of which may be supplemented from time to time by the County, 29 Fairlawn or a SPE to be dated as of the date set forth therein, all in the form as approved by the Chairman as is evidenced by his execution thereof.

Sediort4. Execution of Documents. The ClWnnan of the County is heteby authorized and directed to execute any additional Bonds and deliver the same to the Trustee for authentication on behalf of, and as the act and deed of the County in the manner provided by the Act and in the Indenture. The Chairman, or the member of the Comity's governing body who is authorized by law to exercise the powers and duties of the Chairman in the Chairman's absence, is further authorized and directed to execute and deliver such assignments, consents and other documents on behalf of, and as the act and deed of the County, with such corrections or amendments thereto as the Chairman or other person lawfully acting in the absence of the Chairman may approve, which approval shall be evidenced by his or her execution thereof, and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the purposes and intent of this Resolution. The County Clerk or the Deputy County Clerk of the County is hereby authorized and directed to attest the execution uf any additional Bonds and any supplements to the lndt..uture, Base Lease, Lease and such other docwnents, certificates and instruments as may be necessary or desirable to catty out the intent of this Resolution under the County's corporate seal.

Jerfion 5. Pledge of the Project. '!he County has pledged the Trust Estate as defined in the Indenture, which includes but is not limited to, the Prc~ect and all the Rental Payments under the Lease,. to the payment of the Bonds, in accordance with KSA. §12-1144. The lien created by such pledge shall be discharged when all of said Bonds shall be deemed to have been paid within the meaning of the Indenture, as supplemented from time to time.

Se@m 6. Further Authority. The officials, officers, agents and employees of the County are hereby authorized and directed to take such action, expend such funds and execute such other docwnent~, certificates and instruments as may be necessary or desirable to carry out the provisions of this Resolution and to carry out and perfonn the duties of the County with rc~pcct to the Bonds as ne<:essary to give effect to the transactions contemplated in this Resolution .

.fer:lion 7. Effective Date. 1bis Resolution shall take effect from and after its passage by the Huard.

SectWn R. Severability. [f any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such se<:tion, paragraph, clause or provision shall not affcx:t any remaining provisions of this Resolution.

REST OF PAGE !NTENTIONA!J.Y LEFr BLANK

-2-

Page 26: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF SHA'M'>IEE COUNTY, KANSAS, TillS 13th DAY OF DECEMBER2018.

(Seal)

ATI'EST•

Cynthia A. Beck, County Clerk

BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chairman

.Michele A. Buhler, Vice Chainnan

Robert E. Archer, Commissioner

-3-

Page 27: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

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

EXCERPT OF MINUTES OF A MEETING OFTHEGOVERNINGBODYOF

SHAWNEE COUNTY, KANSAS HEW ON DECEMBER 13, 2018

The Board of County Commissioners of Shawnee CounLy, Kansas met in regular session at the usual meeting place and time. The Chairman presided, and the following members of the Board of County Commissioners wcre prcsmt: IVli.chele A. Buhler, Robert Archer and Kevin Cook.

The following ffi{:mbcn of the Board of County Commissioners were absent: None

A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF SUPPLEMENTS TO (1) BOND TRUST INDENTURE, (2) BASE LEASE AGREEMENT AND (3) LEASE AGREEMENT ARISING OUT OF THE COUNTY'S ISSUANCE OF ITS TAXABLE INDUSTRIAL REVENUE BONDS, (29 FAIRLAWN, LLC PROJECT); AND AUTHORIZING THE OFFICERS, EMPLOYEES AND REPRESENTATIVES OF SHAWNEE COUNTY, KANSAS, TO DO AND PERFORM ALL THINGS NECESSARY, APPROPRIATE AND INCIDENTAL THERETO UNDER THE AUTHORITY OF KS.A. §§IZ-1740 ET SEQ.

'!be Resolution was considered and discussed; and thereupon on motion of Commissioner

--,---,,---,-~,----,--- seconded by Commissioner the Resolution was adopLed by the following roU call vote:

Yes: No:

Thereupon, the Resolution having been adopted by majority vote of the members of the Board of County Commissioners, it was given Na 2018-_, and \VaS directed to be signed by the Board of County Commissioners and attested by the County Clerk. The Chairman then declared the motion duly carried.

CERTIFICATE

I, the undersigned, County Oerk of Shawnee County, Kansas, hereby certify that the above and foregoing is a true account of the action take from the minutes of the meeting of the Governing Body held on the date indicated above. Witness my hand and the Seal of Shavmee County, Kansas.

(Seal) Cynthia A. Beck, County Clerk

Page 28: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

0 Sbawan Couaty Health Deparlla.ent

December 7, 2018

TO:

FROM:

Board of County Commissioners of the County of Shawnee, Kansas

Linda K. Ochs, Director ;z}z0

Shawnee County Health Department

Linda K. Ochs, Director 2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I Fax 785.251.5696 www.shawneehealth.org

RE: Contract Renewal with Dr. Vlad Dimitriu for Professional Medical Services

Action Requested: Approval to renew contract with Dr. Vlad Dimitriu for professional medical and health care services for patients of the Shawnee County Health Department (SCHD) with active Tuberculosis and/or Tuberculosis infection for the period of January 1, 2019- December 31,2019.

SCHD will pay Dr. Vlad Dimitriu $150.00/hour plus $250.00/rnonth for providing professional medical and health care services for SCHD Communicable Disease programs. Services provided are on an as-needed basis and average $3,650 per year. This contract is paid using cotmty tax support.

These services are required to provide SCHD nursing staff with medical supervision and orders which allow for the treatment of clients with tuberculosis infection or disease. In Shawnee County, in any given year, SCHD evaluates and/or treats approximately 145 cases of tuberculosis infection and 1-4 cases of tuberculosis disease. Treatment for tuberculosis infection and disease is complex and long term; most treatments last a minimum of six months.

The services to be provided by Dr. Dimitriu benefit the clients we serve as individuals as well as the community. Through appropriate treatment, transmission of tuberculosis can be stopped thereby minimizing risk to others.

LKO/klw Attachment C: Betty Greiner, Director of Administrative Services

Edith Gaines, SCHD Finance Officer

Leading the Way to a Healthier Shawnee County

c I

Page 29: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNn CONTRACT #44\1-dlllg

SHAWNEE COUNTY HEALTH DEPARTMENT Contract for Professional Servi.es: Physician

THIS CONTRACT, entered into this day of 2018, by and between the Board of County Commissioners of the County of Shawnee, Kansas, herein after referred to as "the County," and Vlad Dimitriu, MD, 823 SW Mulvane, Suite 380, Topeka, KS 66606, hereinafter referred to as "the Provider."

WHEREAS, the County is desirous of contracting with the Provider for the purpose of providing professional medical and health care services for patients of the Shawnee County Health Department with active Tuberculosis and/otTuberculosis infection.

WHEREAS, the Provider is desirous of providing said professional medical and health care services for patients of the Shawnee County Health Department.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. The Provider agrees to provide professional medical and health care services for patients with active Tuberculosis and/or latent Tuberculosis infection in Shawnee County. Professional medical and health care services shall be defined as: services which are usually and customarily provided by a licensed Physician under the laws of the State of Kansas which are delivered to persons who have been identified by the Shawnee County Health Department as patients of the Shawnee County Health Department with active Tuberculosis and/or latent Tuberculosis infection.

2. The time and location of the delivery of the professional medical and health care services shall be by mutual agreement between the Provider and the County. The County may authorize the Provider to provide additional professional medical and health care services, in addition to the services which have been scheduled, when in the opinion of the County, such services are needed to maintain the efficient and effective operation of the Shawnee County Health Department. Provider may not assign any rights or obligations under this Contract without County's prior written approval.

3. The Provider shall, for the duration of this contractual agreement, maintain a license to practice as a Physician in the State of Kansas. The Provider shall furnish verification to the County of said licensure. Costs associated with licensing and continuing education are the responsibility of the Provider.

4. The Pro'vider shall, for the duration of this contractual agreement, maintain professional liability and malpractice insurance as required by the State of Kansas. The Provider shall furnish to the County verification of insurance coverage. Costs associated with maintaining insurance as stated in this paragraph are the responsibility of the Provider.

5. The Provider shall, while performing services under the terms and conditions of this contract, comply with all laws, public health regulations, grant agreements and Shawnee County rules and regulations, which govern the operation of the Shawnee County Health Department. The Provider specifically agrees not to discriminate against persons served or employed by the County on the basis of race, creed, gender, national or ethnic origin, or disability.

1

Page 30: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

6. The County shall pay the Provider the sum of Two Hundred Fifty and No/1 00 Dollars ($250.00) per month. In addition the County will pay Provider One Hundred Fifty and Noll 00 Dollars ($150.00) per hour for providing professional medical and health care services for the Communicable Disease program under the terms of this contract. The County shall not be liable for payment for any services provided which were not authorized by the County, or which were not performed for persons who have been previously identified by the County as patients of the Shawnee County Health Department.

7. Provider 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 tenn of this Contract. b. Contractor has the sole right to control and direct the means, manner and method by

which the services required by this Contract will be performed. c. Contract will furnish all equipment and materials used to provide the services required by

this Contract. d. Provider waives any and all claims to benefits otherwise provided to employees of the

County, including, but not limited to: medical, dental, other personal insurance, retirement benefits, unemployment benefits, and liability or worker's compensation msurance.

e. Provider shall be responsible for his own taxes and social security payments applicable to money received for services herein provided. Provider understands that an IRS Form 1099 will be filed by the County for all payments received. Provider shall be solely responsible for his own legal obligations.

f. Provider will provide Federal Tax or Social Security Number on required Fonn W-9.

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

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

10. This contract shall become effective December 12, 2018 through December 31, 2019. This contract may, by mutual consent of the parties and by approval of the Board of County Commissioners of the County of Shawnee, Kansas, be renewed on an annual basis. However, it is specifically agreed by the parties hereto that the County and/or the Provider retain the right to terminate this contract unilaterally with thirty {30) days written notice to the other party. This contract may be immediately suspended by the Shawnee County Health Department Director, without prior notice, if in the opinion of the Shawnee County Health Department Director, the Provider's conduct or action violates accepted standards of clinical practice or jeopardizes the operation of the Shawnee County Health Department.

2

Page 31: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

IN WITNESS WHEREOF, the parlies have hereto executed this contract as of the day and year first above written.

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin I. Cook, Chair

ATI'ESTt

C)11thia A. Beck, Shawnee County Clerk

3

Approved 1!11 IO Legality

~3=-IY ASST. . C NSELOR

Page 32: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Rev. 1012018 A.TfACHMENT TO

SHAWNEE COUNTY CONTRACT C __ _

CONTRACTUAL PROVISIONS A TTACHMF:l'I"T The undersigr>ed f><lrties agree that Ute f(l]lowing provision; are h~reby

mcorporated into the contract to which 11 is attached and made a part theroo~ said contract toeing dated the _____ day of 20 __

I_ TERMS HEREIN CONTROLLING PROVISIONS_ It is ex,..-essly agreed that the tmns of ""ch and ~VCI)' provision in th1s altachment shall prevail and ccr~trol over the krms of any other cor~tlicting provision in ar1y other document relating to and a part of the contract in which this attachmerJt is incorporated.

2 AGREEMENT WITH KANS!\S LAW II is agreed by and between the undersigned that all d1:~putes and matters whal!locver ansmg 1.mder, m conn~ion with or incident to this contract shall be litigated, if at all, in and bef()Te a Court located in the State of Kansas, U S.A., to.> the exclusion of the Courts of any other states or cour~try. All contractual agreements shall be subject to, governed by, and construed according to the law:l of the State ofKansa.~.

' 1101 et s-eq_ If, i the judgment oftbe Financial Admmis(Iator, Audit-Finance Office, sufficient funds are not appropnated to contmue the function performed in this agreement and for the payment of th.e charge~ hereunder, County m"Y terminate this agreement pt the end of its current fiscal year_ County agrees to grve written not1ce oftcnnination to cor~tractor ~t least thirty (30) days pnor to the end of its current fiscal ~ar In the event this agreement is tennmated pun;uunt to this purugruph, County will f"lY to the contrnctor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cau:oe 11ny penalty to be c~d to the County or the coolntclo.>r.

4. DISCLAIMER OF LIABILITY_ Neither the County of Shawnee nor any department thereof shu II hold harm I= or indemmfy any contractor for any liability wflatsocver.

!i. ANTI-DISCRIMINATION CLAUSE. The contractor agrees_ (a) to comply with the Kan~as Act Against D1scnmmation (K.S.A. 44·1 00 I e1 .seq.) and the Kansa; Age Discrimination in Employment Act, (K S A 44-llll ~I s~q.) und the applicable provisions of th.e Americuns With Disabilities Act (42 U.S.C. 12101 tr Jeq.) [ADA] and to not discriminate against any person becallSe of race, religioo, color, sex, diwb,Jrty, national origin or ancestry, or uge 1n the admission of a<: cess to or treatment or employment m, its programs or act1vit1es; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"'; (c) to comt~IY with the repor1ing requirements set out 111 K.S.A. 44-1031 arid K.S.A 44-1116, (d) to include those provisions in every subcontract or purchase order so that they are binding U[!On such subcontractor or vendor; (e) that a failure to comply '>Vith the rcPQrtlng rcqu~rement:l of(c) above or if the contractor is found guilty of any violation of such acts by the Kansas Humlrl R1ghts Commission, ~uch violation shall oomtitute a breach of contract, (f) if the contracting agency determines that the contractor has ~iolaled applicable provisions of ADA, that violaticm shall constiMe a breach of contra<:!; (g) if (e) or (f) occurs, the contrnct muy be cancelled. terminated or suspended in whole or in part by the County. Parties to this con!rlll;t understand that subsections {b) through (e) of this paragraph number 5 are nut applicable to a cont1actor who ~mploys fi:wer than four employees or who:;e contract wllh tile County totals $5,000 or less during this fiscal year.

6

7

ACCEPTANCE 01' CoNTRACT. This contract shall not be considered nccepted, approved or otherv•ise effective until the re11uired approvals and certifications have been g1ven and thrs IS signed by the Board of County Commissioners of the County of Shawnee, Kansas.

ARBITRATION. PAMI!GtiS. WARRAIIT!Eli. Notwlthslandmg any language to the contrary, no interpretation shall be allowed to firtd the County has agreOO to bmding arbitratioo. or the payment of damages or penalties upon tile occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges~ arid no prov1sioos will be given effed which allempts to exclude, rnodity, disclaim or otherwise attempt to limit 1mplied warranties of merchantability and fitness for a particular purpose.

8. REPRESENTATIVE'S AUTHORIIT TO CONTRA9· By signing this document, the representative of the contractor thereby represents that such per~on is (July authonzOO by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the prcwisions thereof

9. RESPONSIBILITY FORT AXES. The CCIUnty shall not be responsible for, nor mdemnify a cootrnctor for, any federal. stale or locul taxes which may be imposed or levied upon the subject matter ofth1s contract

10. lmjURANCE. The County shall ~ot be required to purchase, any inslJl'ance agai!IS! loss or damage to any personal property to which th1s contract relates. nor shall this cOiltraCt requrre !he County to est&blish a ~self-insurance'" ftmd to protect against any such loss or dam~ge. Subjoct to the provisions of the Kansas Ton Claims Act (K.S.A. 75-6){11 et seq.), the vendor or lessor shall hear the risk of lillY loss or damage to any personul prC!pt'rly to wh.ICh vendor or lessor holds title.

11. AUTOMATED CLEARING HOUSE fACHl. Shawnee County prefers to pay its vendor invoices via electronic fund~ transf= through the automated clearing house (ACH) network. Sha'Mlec County m~y require vendors to 1/Cce,.t pll-yments ~iQ ACH. To initiate paymoot of invoices, ~endors shall execute the County's standard ACH Vendor Puyment Authorization Agreement Upon verification of the data provided, the Payment AuthomliiiOn Agreement will authorize the Councy to deposit payment for services rendered or gUO<.Is provided directly into vendor accounts Wlth finllllclal mstltutions. All paymenl:i sh~ll be made in United States currency

BOARD OF COUNlY COMMISSIONERS SHA\VNEE COUNTY, KANSAS

Kevin J Cook, Charr

Date·

ATTEST:

Cynthra A. Beck, Shu 'MICe County Clerk

Page 33: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNTY HEALTH DEPARTMENT BUSINESS ASSOCIATE AGREEMENT

ADDENDUM TO SHAWNEE COUNTY CONTRACT C---- __ _

THIS BUSINESS ASSOCIATE AGREEMENT ("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 Department, (hereinafter "Covered Entity"), and Vtad C;)\ M i ±c) y, M l'l ("Business Associate"), collectively "the Parties".

WHEREAS, the parties have entered into Shawnee County Contract C-__ -__ (the "Underlying Agreement") whereby Business Associate agrees to perform certain functions on behalf of Covered Entity and/or provide certain services that qualifies it as Covered Entity's "business associate" pursuant to 45 C.F.R. §160.103; and

WHEREAS, in the performance of such functions, and/or the provision of such services, Business Associate may require access to Protected Health Information in Covered Entity's possession, custody or control, or may create or receive Protected Health Information on behalf of Covered Entity for the limited purposes identified below; and

WHEREAS, pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended effective March 26, 2013, 45 C.F.R. Parts 160 and 164, et seq. ("Privacy Rule" or "HIPAA") Covered Entity cannot Disclose Protected Health Information to, or authorize the creation or receipt of Protected Health Information on its behalf by, Business Associate unless Covered Entity obtains from Business Associate satisfactory assurances that Business Associate will property safeguard such information; and

WHEREAS, Business Associate is willing to provide such assurances to Covered Entity.

WHEREAS, it is the intent of the Parties that this Agreement rescinds any and all prior Business Associate Agreements previously entered into between Covered Entity and Business Associate, and it is the Parties' intent that for any Protected Health Information and/or Electronic Protected Health Information already in its possession, Business Associate will comply with the following provisions. ·

NOW, THEREFORE, m consideration of the mutual covenants, promises and agreements contained herein, the Parties agree as follows:

1. Definitions

Tenns used, but not otherwise defined, in this Agreement shall have the same meaning as those terms are defined in the Privacy Rule, including Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Electronic Protected Health Infonnation, Required By Law, Security Incident, Subcontractor, Unsecured Protected Health Infonnation, and Use.

Rev. 10/13/17

Page 34: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

2. Obligations and Activities of Business Associate

Business Associate agrees to:

a. Not Use or Disclose Protected Health Information, including Electronic Protected Health Information, other than as permitted or required by this Agreement or as Required By Law.

b. Use appropriate safeguards to prevent any Use or Disclosure of Protected Health Information other than those permitted by this Agreement. Business Associate shall implement administrative 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 required by 45 C.F.R. 164.312 that reasonably and appropriately protect the confidentiality, integrity, and security of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity, as required by HIPAA.

c. Report to Covered Entity any Use or Disclosure of Protected Health Information 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 Incident of which it becomes aware.

1. Business Associate must report any Use or Disclosure that could constitute a Breach within five (5) business days of the date the Business Associate becomes aware of the Breach. Business Associate will provide sufficient information to pennit Covered Entity to investigate and comply with its obligations under the Breach Notification Rules, including but not limited to:

a) identification of each Individual whose Unsecured Protected Health Information has been or is reasonably believed by Business Associate to have accessed, acquired, Used or Disclosed during the breach

b) A description of the breach c) date of the breach d) date of discovery of the breach e) the types ofProtected Health Information involved in the Breach f) the investigation procedure and results, and a plan for mitigation

11. Business Associate shall work cooperatively with the Covered Entity to mitigate any harmful effect of any Use or Disclosure not provided for by this Agreement, and the Covered Entity may, at its election, assign notification duties to the Business Associate.

iii. Business Associate agrees to pay all costs for mitigation and notification made by Covered Entity to fulfill its obligations under 45 C.P.R. 164.402-414.

2

Page 35: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

d. In accordance with 45 C.P.R. 164.502(e)(l)(ii) and 164.308(b)(2), if applicable, obtain and maintain a Business Associate Agreement with each Subcontractor, Business Associate or agent which creates, receives, maintains or transmits Protected Health Information in perfonnance of services on behalf of Business Associate and ensure such Subcontractor or agent shall agree to be bound by the same privacy, security and security Breach notification requirements that apply to Business Associate hereunder.

e. Provide access to, at the request Covered Entity, Protected Health Information, including that within a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual within five (5) business days from a request by Covered Entity or Individual pursuant to 45 C.F.R. 164.524.

f. Make any amendment(s) to Protected Health Information in a Designated Record Set as directed or agreed to by Covered Entity pursuant to 45 C.F.R. 164.526 within five (5) business days from a request by an Individual or Covered Entity.

g. Maintain and make available the information required to provide an accounting of Disclosures to the Covered Entity as necessary to 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 internal practices, books, and records available to Covered Entity, the Department of Health and Human Services (HHS), and/or the Office for Civil Rights (OCR) or their agents, upon request, for purposes of determining compliance with the Privacy Rule.

1. To the extent Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 C.F.R. Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s}

J. To the extent applicable, utilize appropriate encryption and destruction methodologies in transmitting and/or destroying Covered Entity's Protected Health Information.

3. Permitted Uses and Disclosures by Business Associate

a. Business Associate may only Use or Disclose Protected Health Information to fulfill its contractual obligations as set forth in the Underlying Agreement.

b. Business Associate may Use or Disclose Protected Health Information a:; Required By Law.

3

Page 36: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

c. Business Associate agrees to make Uses and Disclosures and requests for Protected Health Information in accordance with Covered Entity's Minimum Necessary policies and procedures and as set forth in the Privacy Rule.

d. Business Associate may not Use or Disclose Protected Health Information in a manner that would violate the Privacy Rule if done by Covered Entity, except for the specific Uses and Disclosures as follows:

L Business Associate may Disclose Protected Health Information for the proper management and administration of Business Associate or to carry out the legal responsibilities of the Business Associate, provided the Disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is Disclosed that the information wi!l remain confidential and Used or further Disclosed only as Required By Law or for 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 has been Breached.

11. Business Associate may provide Data Aggregation services relating to the Health Care Operations of the Covered Entity.

4. Obligations of Covered Entity

a. Covered Entity shall notify Business Associate of any limitation(s) in the Notice of Privacy Practices of Covered Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate's Use or Disclosure of Protected Health Jnfonnation.

b. Covered Entity shall notify Business Associate of any changes in, or revocation of, the permission by an Individual to Use or Disclose his or her Protected Health Information, to the extent that such changes may affect Business Associate's Use or Disclosure of Protected Health Information.

c. Covered Entity shall notify Business Associate of any restriction to the Use or Disclosure of Protected Health Information that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate's Usc or Disclosure of Protected Health Information.

d. Covered Entity shall not request Business Associate to Use or Disclose Protected Health Information that would not be permissible under the Privacy Regulations if done by Covered Entity.

4

Page 37: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

5. Term and Termination

a. Term of Aercement. This Agreement shall become effective on the date fully executed, and shall continue in effect and run concurrent to the Underlying Agreement so long as Business Associate continues to perform certain functions on behalf of and/or provides certain services that qualifies it as Covered Entity's "business associate" pursuant to 45 C.F.R. § 160.103, or until Covered Entity terminates for cause as authorized below, whichever is sooner.

b. Termination for Cause. Business Associate authorizes termination of this Agreement by Covered Entity if Covered Entity determines Business Associate has violated a material term of the Agreement and Business Associate has not cured the Breach or ended the violation within the time specified by Covered Entity.

c. Obligations of Business Associate Upon Termination Upon tennination of this Agreement for any reason, Business Associate, with respect to Protected Health Information received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall:

1. Retain only that Protected Health Information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities;

11. Return to Covered Entity or, if agreed to by Covered Entity, destroy the remaining Protected Ilealth Information that the Business Associate still maintains in any form;

iii. Continue to use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to Electronic Protected Health Information to prevent Use or Disclosure of the Protected Health Information, other than as provided for in this Section, for as long as Business Associate retains the Protected Health Information;

1v. Not Use or Disclose the Protected Health Information retained by Business Associate other than for the purposes for which such Protected Health Information was retained and subject to the same conditions set out in Section 3.d.i.-ii. above;

v. Return to Covered Entity or, if agreed to b Covered Entity, destroy the Protected Health Information retained by Business Associate when it is no longer needed y Business Associate for its proper management and administration or to carry out its legal responsibilities;

vi. Provide written certification to Covered Entity certifying compliance with this Section S.c.

5

Page 38: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

d. Survival. The obligations of Business Associate under this Section shall survive the termination of this Agreement.

6. Miscellaneous Provisions

a. Indemnification. Business Associate will indemnify, defend, and hold hannless Covered Entity and its respective directors, officers, employees, and affiliates from and against all claims, actions, damages, losses, liability, fines, penalties, costs, expenses, or reasonable mitigation or remediation services, including, 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 or omissions in connection with this Agreement, by Business Associate or its directors, officers, employees, Subcontractors, or agents.

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

c. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Privacy Rule and any other applicable law. This Agreement may not be modified, nor shall any provision be waived or amended, except in a writing duly signed by authorized representatives of the parties.

d, Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Privacy Rule.

e. Conflicting Tenns. In the event any tenns of this Agreement conflict with any terms of the Underlying Agreement, the tenns of this Agreement shall govern and control.

f. Governing Law. This Agreement shall e governed by and construed m accordance with the laws of the State of Kansas.

g. Notices. All notices, requests, approvals, demands and other communications required or permitted to be given under this Agreement shall be in writing and delivered either personally, or by certified mail with postage prepaid and return receipt requested, or by overnight courier to the party to be notified. All communications will be deemed given when received, The addresses of the parties shall be as follows:

If to Covered Entity: Shgwce<. ke. HC<! Jth D"-1,±• 2!.;!.00 sw 6:lst Cicw\t! (\c. -lo.,e,k.a KS LI1U1'-'0~ • •

6

- If to Business Associate\

~ SW ~VI.<Ut>te. S\ 'Vc, c /R/2,§/.i

Page 39: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

IN WITNESS WHEREOF, each of the undersigned has caused this Agreement to be duly executed in its name and on its behalf effective as of the _____ day of----~ 20

COVERED ENTITY

By ________________ ___

Print Name Kevin J. Cook

Print Title Chair, Board of Shawnee County Commissioners Date __________ _

ByBU~ Print Name 1/Wh) #J/w Ji2-r V Print Title _____ Jki~"--t;,-;;,,-----

11/1--1 l;.y Date ________ l'c_ ___ __

7

Page 40: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

0 Public Health Pr~vcnt_ Promote. Pn•t~ct.

December 7, 2018

TO:

FROM:

Board of Cotu1ty Commissioners of the County of Shawnee, Kansas

Linda K. Ochs, Director o/f-Y

Shawnee County Health Department

Linda K. Ochs, Director

2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I fax 785.251.5696 www.shawneehealth.org

RE: Contract Renewal for Health Officer- Gianfranco Pezzino, MD, MPH

Action Requested; Approval of the contract between Shawnee County and Gianfranco Pezzino, MD, MPH to continue serving in the capacity of Health Officer for Shawnee County for the period of January 1, 2019- December 31,2019.

Dr. Pezzino has served as the Shawnee County Health Officer since November 30, 2006.

As the Shawnee County Health Officer, Dr. Pezzino is responsible for: the development and signature of protocols for Shawnee County Health Department (SCHD) staff; responding to public health emergencies; consulting on the investigation of communicable disease outbreaks and implementing control measures; engaging the medical community on public health issues; providing infectious disease protocols and consultation to local providers; and enforcing compliance with pertinent local and state statutes to assure protection of the health of the public.

In addition to Ws role as Shawnee County Health Officer, Dr. Pezzino has served in many capacities in the public health field at the state, national) and international levels. He is highly respected for the expertise he brings to the fields of epidemiology, disease investigation, public health policy, and other public health topics and concerns.

This contract provides a 2% salary increase .from last year. If approved, Dr. Pezzino will be paid $53,976 annually plus costs of licensing, malpractice insurance and continuing education as is applicable to the role of Health Officer and approved by the SCHD Director in 2019. The funding for this contract is included in the 2019 budget.

LKO/klw Attachment C: Betty Greiner, Director of Administrative Services

Edith Gaines, SCHD Finance Officer

Leading the Way to a Healthier Shawnee County

Page 41: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNTY CONTRACT NO. c&_ -2018

A Contract for Professional Services for Shawnee County Health Officer

THIS AGREEMENT is entered into this __ day of 2018, by and between the Board of County Commissioners of the County of Shawnee, Kansas, operating the Shawnee County Health Department (County) and Gianfranco Pezzino, M.D., M.P.H. (Provider), 2823 SW Mac Vicar, Topeka, KS 66611.

WHEREAS, County is desirous of contracting with Provider to provide professional medical and health services as required of the Health Officer of Shawnee CountY,; and

WHEREAS, Provider is desirous of providing said professional skills as outlined in Attachment A as the Health Officer of Shawnee County;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Provider agrees to provide professional medical and health services for the County as the Health Offlcer. Professional Health Officer related services shall be defined as services which are usually and customarily provided by a Health Officer under the laws of the State of Kansas and, by example but not necessarily limited to, those services outlined in Attachment A.

2. The time and location of the delivery of such professional services shall be by mutual agreement between Provider and County. County may authorize Provider to provide additional professional Heallh Officer related services in addition to the services which have been identified, when in the opinion of County, such emergency services are needed to maintain or regain the public health of Shawnee County residents.

3. Provider shall,· for the duration of this contractual agreement, maintain a license as a physician in the State of Kansas. Provider shall furnish verification to County of Kansas licensure. The County will assume the costs for the licensing and continuing education as is reasonable and applicable for the position and pre-approved by the Health Department Director for the duration of this contract. It is understood that the license is required for the development and signature of protocols, prescriptions as related to public health issues, and for Health Department billing requirements.

4. Provider shall not provide direct medical care during the term of this contract and understands that any such services shall be provided through other actively licensed and insured physicians. Provider agrees to make such referrals for any direct medical care necessary or ordered in Provider's capacity as Health Officer.

5. Any liability for official action or inaction as Health Officer shall be governed by applicable provisions of relevant Kansas law. Compliance with same shall be the

Page 42: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

responsibility of the Provider in serving in that role. Any liability for official action or inaction of the Provider as a result of the Provider1s Vllillful violation of law or negligence shall be the responsibility of the Provider in serving in that role.

6. Provider shall, while performing services under the terms and conditions of this contract, comply Vllith all laws, public health regulations, grant agreements, and Shawnee County Rules and Regulations and the Standard Operation Procedures governing the operation of the Shawnee County Health Department. Provider specifically agrees not to discriminate _agaj_vs_t persons __ s~rye_d_ 9r_ ~rnpl9y~d by the County on the basis 9f nw~. age¥ __ c_rs::.ed. __ gender, national origin, or disability.

7. CoWlty shall pay Provider the swn of Four Thousand Four Hundred Ninety-eight and No/100 Dollars ($4,498.00) per month for providing professional Health Officer services under the tenns of this agreement. The County shall not be liable for payment for any services provided which were not specifically authorized in advance by County.

8. County will assume payment for the current costs at the current level of malpractice insurance coverage for the duration of this contract.

9. Provider shall provide contact telephone munbers as appropriate so as to be available to be reached in the event of a public health emergency. On occasion, should Provider be temporarily unable to assure 24/7 on-call functions, Provider will immediately inform the County that Provider is unavailable and will provide the County a date when Provider will resume on-call ftmctions. Provider will make all efforts to minimize the number and duration of interruptions of 24/7 on-call functions. The County will be responsible to assume 2417 on-call backup services during interruptions of2417 on-call functions by the Provider.

10. This agreement shall become effective January 1, 2019, through December 31, 2019. This agreement may, by mutual consent of the parties and by written approval of County, be renewed on an annual basis. However, it is specifically agreed by the parties hereto that County and/or Provider retain the right to terminate this agreement unilaterally with thirty-day's (30) written notice to the other party.

11. In no event should this engagement be intended or determined to constitute an employee/employer relationship. The Provider has the sole right to control and direct the means, manner and method by which the services required by this agreement will be performed. The Provider 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 unless expressly stated otherwise in this agreement, retirement benefits, unemployment benefits, and liability or worker's compensation insurance. The Provider shall be responsible for his own tax liability and related issues and legal obligations. The Provider has the right to perform services for others during the term of this Agreement.

Page 43: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

IN WITNESS WHEREOF, the parties have hereto executed this agreement as of the day and year fil'st above written.

PROVIDER

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

BOARD OF COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Page 44: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

ATTACHMENT "A" SHAWNEE COUNTY HEALTH OFFICER

RESPONSIBILITIES: In coordination with the administrative and program staff of the Shawnee County Health Department, the Health Officer may serve as the advisor for:

• Planning for and responding to public health emergencies • Be available to respond to Health Department staff requests for assistance on a 24n

basis

Engaging the medical community on the whole range of public health clinical, prevention, education, and policy issues Serving as a liaison and coordinator with various state officials and other organizations to highlight public health needs, demonstrate the usefulness of public health programs

This position may also assist in: • Identifying public health priorities and emerging trends • Consulting on the investigation of communicable disease outbreaks and the

development and implementation of control measures • Providing infectious disease protocols and consultation to local physicians, hospitals,

schools, etc. as needed or requested • Enforcing compliance with pertinent local and state statutes to assure protection of

the health of the public • Establishing health policy and issue public statements about the public's health • Remaining active in national professional organizations related to the activities of

Health Officer and the Health Department and identifying possible resources and best practices relevant to the Health Department

• Communicating with staff about trends and best practices at the national level to improve effectiveness and efficiency in the organization and delivery of public health essential services

• Supporting public health efforts in Shawnee County by being the medical "voice" of public health to increase the public's confidence in times of emergencies, crisis, outbreaks, and other events

• Represent the Health Department on coalitions and stakeholders' committees, as needed or requested

REQUIRED KNOWLEDGE, ABILITIES, SKILLS: • A medical degree and ability to obtain a medical license in the State of Kansas • On-call 24/7 for Health Officer functions • Significant experience in public health with a broad vision for the future of public

health services • Coursework and training in public health • Personal traits such as integrity, compassion, professionalism, creative thinking,

listening, collaboration skills

Page 45: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

• A leader, team player, and excellent communicator who is a collaborator inside and outside the Health Department

• Subject matter "expert" with the media and other community groups and agencies • Participate, train, and certify in emergency preparedness training as appropriate and

determined by local, state, and federal guidelines

PREFERRED QUALIFICATIONS: • Master's Degree in Public Health

---- ---•---Fhree -years-of-related--p-rofessional----experiences-in--the--pub He-health field - ------• Data driven decision maker with strong epidemiology and surveillance skills and

competence in communicable disease control

Page 46: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Rev. 10/2018 ATTACHMENfTO

SHAWNU; COUNTY CorHRM.T C; ___ _

CONTRACTUAL PROVISIONS ATfACHMENT The undersigned parties agree that !he following provisions are herehy incorporated into the contract to which it is altBChed and made a rart the1oof, said C(ll1\ract heing dated the ___ day or -------~

"-· TERMS H£R£U'i CONTROLLING I'ROYISJONS. [t IS c~:pressly agreed that the tcnns of each and every provision in this anachment shall prevail Md control over the tenns of any Clther conflicting provision in uny other document rellllmg to and a part of the contract in which this attachment is inoorporated.

6 ACCEPTANCE Or CoNrMcr. Th1s contract shall not be considell:d ac~epted, approved or otherwise effective until the required approvals and certifications hu~e been given and this is sig~~ed hy the Board of County Commissioners of the County ofSha'M!ce, Kansas.

7. ARBITRATION. DAMAGES. WARRANTmS. Notwithstanding aoy language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arhitration, ()I' the rayment of damages or penalties upon the O<:curn::nce of a Cllntingency. Further, the Coi.Ulty shall not agree to pay attorney fees and late ~yrnent charges; and no provisions will he given effect which attempts to CliCiude, modifY, dtsclaim or othe!'Mse attempt to limit implied warranties Clf merchantability and fitness for a particular purpose.

---- 8. ---R§rRjS!?pH-AltYJt&--A!ifl!lffilj-'t--B>--@N'FRAei. By-5tgning -lltfS- -2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the document, the represefltative of the c011tractor thereby represen!S that

undersigned that all disputes and matlers whatsoever arising under. in such pe~S<Jn ts duly aulllorized by lhe C011tractor to execute this cor~noction with or incident to this contr~ct shall be littgnle\1, if at all, m document em behalf of the contractor Mel that the contractor agrees ICI be and before a Court IOC!Ited in the Stale of Kansas, U.S.A., to the bound by the provisions thereof.

l

eKclusion of the CourtS of any other states or coootry. AU contractual agreements shall be subject to, governed by, and con~lrued aocording te~ the law:; oft he Stale of Kansas.

~/ Mq. Jf, . Administrator, Auchl-Fnumce Office, appropriated to continue the function perfonned in th1s agreement and for the payment of the charges hereunder, County may tenn1n11le lhts agreement at the end of its current fiocul year. CoLJnty agrees to g1ve wntten not1ce Clf termination to oontrac\Qr at least thirty (30) days prior to the end of its cummt fiscal year. In the event this agreement IS

terminated pursuant to this paragraph, County WJIJ pay to tile contractor all regular cPntractual p!l)llTienl.! mcurred through the end of such fiscal year. The termination of the ccmtract flUI>Uant tCl this paragraph shall not cause any penalty to be charged to the County or the contractor.

4 DlSCLIIIMER OF LIABILITY NCIIher the County Clf Shawnee nCif any department th~oof shall hold hannless Clf indemnifY any oontractor for any liabilil)' whatsoever.

5. 1\.NTr-DISCIU'>fiN!ITTON Ct..AUSE The contmctClr agrees: (a) to comply With the Kansas Mt Against Drscriminallon (K.SA 44-1001 et .St!<f)

and the Kansas Age Discrimination in Employment Act, (K S.A 44-1111 el Yeq.) and the applicable provisions of the Americans W1th D1sabililies Ad (42 U.S.C. 12101 et seq.) [ADA] an<! to not discrimmate against any person because of race, religion, CCllor. sex, dis~hilil)', natiooal origin or anceolry, or uge m the admission of access to or treatment or employment m, its programs or activities; (b) to mclude in all solicitations or advertisemenls for employees, the phrase "eqLJal opporttmil)' employer". [c) to comply w1th the rep<.>rting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to mcludc those provisions in every suboontraCI or flUTChase order so that they are bmding upon such st1hcontractor or vcndPr; (e) thrrt a fa1lure to comply Wllh the reporting requm.:ments of (c) above or if the contractor is fol.lf1d guilty of any violation of such acts hy lite Kansas Human Rights Commission, such violatirn1 shall conslltute a brwch ofoontmct; (I) if the contracting agellCy determines that the contractCir lias VIOlated applicahle prPvlsions of ADA, that violation shall cCinstitute a hrMch of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or su~pended io whole or m part hy the County. Parties to this contract understand that subsections {h) through (e) of this paragraph number 5 are not applicable to a oontractor whCl employs fewer than four employees or whCllie contract with the County lotuls $5.000 or less during thi~ fiscul year.

9. RuroN~lBlLITX FuR lMEs. The Countjl shall not be responsible for, nor indemnifY a contractor for. any federal, state or local taxes which may be imposed or lev1cd upon the subject matter of this contract.

I Cl. lNSURANCE The County shall not he required to purchase, any insurance aga1nst loss or damage to any personal property to which this contract relates, nor shall this contract re(juirc the CoWl\)' to establistl a "self-insumnce" fun<.l to protect against any such ICISS m damage. Subject (Cl the provisions of the Kansas Tort Claims Act (K.S.A 75-610 l et .seq.), the vendor or lessor shall bear the risk of MY loss or damage to any personal property to v.flich vendor or lessor holds Iitle.

II. AvroMAnD CLEARING )loUSE <ACID. Shavmee Countjl prefers ICI pay its vendor invoices via electronic funds transfers through the automated clearmg hou:re {ACH) net\wrk. Shawnee CoWJty may requ1re vendors to accept payments via ACH. To initiate payment of irivoices, vendors shall execute the County's standard ACH Velklor Payment Authomauon Agreement. Upon venfication of the dalll. provided, the Payment Authori1,ation Agreement will authClriu: the County to deposit payment for services renderd or goods provided directly into vendCIT uccuunts with financiul in:ltilutions. All payments shall be made in United States CUITCflC)'.

_-L-~. (0

VE~DORICONTRACTOR:

By

Shawnee County Health Officer Tille:

l/-!/,·1? Date:

BOARD OF COUNTY CQ~MISSIONERS SHAWNEE COUNTY, KANSAS

Kevm J. Cook, Chair

ATTEST:

Cynthia A. Beck, ShaYomee Counl)' Clerk

Page 47: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNTY HEALTH DEPARTMENT BUSINESS ASSOCIATE AGREEMENT

ADDENDUM TO SHAWNEE COUNTY CONTRACT C-_ _: __ _

THIS BUSINESS ASSOCIATE AGREEMENT ("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 Department, (here.inaftet:-.X.o¥ered-Entity"), and_G_i_a n franco .Eez.z..i.no_,_ -Mil e-'Bu.s:ineu-As5GG-iat~'~),---

collectively "the Parties". MPH

WHEREAS, the parties have entered into Shawnee County Contract C-__ -__ (the "Underlying Agreement") whereby Business Associate agrees to perform certain functions on behalf of Covered Entity and/or provide certain services that qualifies it as Covered Entity's "business associate" pursuant to 45 C.F.R. § 160.1 03; and

WHEREAS, in the perfonnance of such functions, and/or the provision of such services, Business Associate may require access to Protected Health Information in Covered Entity's possession, custody or control, or may create or receive Protected Health Information on behalf of Covered Entity for the limited purposes identified below; and

WHEREAS, pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended effective March 26, 2013, 45 C.F.R. Parts 160 and 164, et seq. ("Privacy Rule" or '~HIPAA") Covered Entity cannot Disclose Protected Health Information to, or authorize the creation or receipt of Protected Health Information on its behalf by, Business Associate unless Covered Entity obtains from Business Associate satisfactory assurances that Business Associate will property safeguard such information; and

WHEREAS, Business Associate is willing to provide such assurances to Covered Entity.

WHEREAS, it is the intent of the Parties that this Agreement rescinds any and all prior Business Associate Agreements previously entered into between Covered Entity and Business Associate, and it is the Parties' intent that for any Protected Health Infonnation and! or Electronic Protected Health Infonnation already in its possession, Business Associate will comply with the following provisions.

NOW1 THEREFORE~ in consideration of the mutual covenants, promises and agreements contained herein, the Parties agree as follows:

1. Definitions

Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms are defined in the Privacy Rule, including Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Electronic Protected Health Information, Required By Law, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

1

Rev. 10/13/17

Page 48: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

2. Obligations and Activities of Business Associate

Business Associate agrees to:

a. Not Use or Disclose Protected Health Information, including Electronic Protected Health Information, other than as permitted or required by this Agreement or as Required By Law.

b. Use appropriate safeguards to prevent anY" USe- or Disclosure of Protected Health Information other than those permitted by this Agreement. Business Associate shall implement administrative 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 required by 45 C.F.R. 164.312 thai reasonably and appropriately protect the confidentiality, integrity, and security of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity, as required by HIPAA.

c. Report to Covered Entity any Use or Disclosure of Protected Health Information 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 Incident of _which it becomes aware.

1. Business Associate must report any Use or Disclosure that could constitute a Breach within five (5) business days of the date the Business Associate becomes aware of the Breach. Business Associate will provide sufficient information to permit Covered Entity to investigate and comply with its obligations under the Breach Notification Rules, including but not limited to:

a) identification of each Individual whose Unsecured Protected Health Information has been or is reasonably believed by Business Associate to have accessed, acquired, Used or Disclosed during 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 cooperatively with the Covered Entity to miligate any harmful effect of any Use or Disclosure not provided for by this Agreement, and the Covered Entity may, at its election, assign notification duties to the Business Associate.

111. Business Associate agrees to pay all costs for mitigation and notification made by Covered Entity to fulfill its obligations under 45 C.F.R. 164.402-414.

2

Page 49: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

d. In accordance with 45 C.F.R. l64.502(c)(l)(ii) and l64.308(b)(2), if applicable, obtain and maintain a Business Associate Agreement with each Subcontractor, Business Associate or agent which creates, receives, maintains or transmits Protected Health Information in perfonnance of services on behalf of Business Associate and ensure such Subcontractor or agent shall agree to be bound by the same privacy, security and security Breach notification requirements that apply to Business Associate hereunder.

e. Provide access to, at the request Covered Entity, Protected Health Information, including that within a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual within five (5) business days from a request by Covered Entity or Individual pursuant to 45 C.F.R. 164.524.

f. Make any amendment(s) to Protected Health Information in a Designated Record Set as directed or agreed to by Covered Entity pursuant to 45 C.F.R. 164.526 within five (5) business days from a request by an Individual or Covered Entity.

g. Maintain and make available the information required to provide an accounting of Disclosures to the Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F.R. 165j28 within five (5) business days from a request by an Individual or by the Covered Entity.

h. Make its internal practices, books, and records available to Covered Entity, the Department of Health and Human Services (HHS), and/or the Office for Civil Rights (OCR) or their agents, upon request, for purposes of determining compliance with the Privacy Rule.

1. To the extent Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E. of 45 C.F.R. Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the perfonnance of such obligation(s).

J. To the extent applicable, utilize appropriate encryption and destruction methodologies in transmitting and/or destroying Covered Entity's Protected Health Information.

3. Permitted Uses and Disclosures by Business Associate

a. Business Associate may only Use or Disclose Protected Health Jnfonnation to fulfill its contractual obligations as set forth in the Underlying Agreement.

b. Business Associate may Use or Disclose Protected Health Information as Required By Law,

3

Page 50: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

c. Business Associate agrees to make Uses and Disclosures and requests for Protected Health Information in accordance with Covered Entity's Minimum Necessary policies and procedures and as set forth in the Privacy Rule.

d. Business Associate may not Use or Disclose Protected Health Lnfonnation in a manner that would violate the Privacy Rule if done by Covered Entity, except for the specific Uses and Disclosures as follows:

--------------;1.--,B""u'"s"'n.>ness Associate may DiSClose ·protected Health lnformation for the proper management and administration of Business Associate or to carry out the legal responsibilities of the Business Associate, provided the Disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is Disclosed that the information will remain confidential and Used or further Disclosed only as Required By Law or for 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 infonnation has been Breached.

11. Business Associate may provide Data Aggregation services relating to the Health Care Operations of the Covered Entity.

4. Obligations of Covered Entity

a. Covered Entity shall notify Business Associate of any limitation(s) in the Notice of Privacy Practices of Covered Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate's Use or Disclosure of Protected Health Information.

b. Covered Entity shall notify Business Associate of any changes in, or revocation of, the permission by an Individual to Use or Disclose his or her Protected Health Information, to the extent that such changes may affect Business Associate's Use or Disclosure of Protected Health Information.

c. Covered Entity shall notify Business Associate of any restriction to the Use or Disclosure of Protected Health Information that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect Business Associate's Use or Disclosure of Protected Health Infonnation.

d. Covered Entity shall not request Business Associate to Use or Disclose Protected Health Information that would not be permissible under the Privacy Regulations if done by Covered Entity.

4

Page 51: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

5. Term and Termination

a. Term of Agreement. This Agreement shall become effective on the date fully executed, and shall continue in effect and run concurrent to the Underlying Agreement so long as Business Associate continues to perform certain functions on behalf of and/or provides certain services that qualifies it as Covered Entity's "business associate" pursuant to 45 C.P.R. § 160.103, or until Covered Entity terminates for cause as authorized below, whichever is sooner.

b. Termination for Cause. Business Associate authorizes termination of this Agreement by Covered Entity if Covered Entity determines Business Associate has violated a material term of the Agreement and Business Associate has not cured the Breach or ended the violation within the time specified by Covered Entity.

c. Obligations of Business Associate Upon Termination Upon termination of this Agreement for any reason, Business Associate, with respect to Protected Health Information received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall:

i. Retain only that Protected Health Information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities;

ii. Return to Coven;:d Entity or, if agreed to by Covered Entity, destroy the remaining Protected Health Information that the Business Associate still maintains in any form;

111. Continue to use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to Electronic Protected Health Information to prevent Use or Disclosure of the Protected Health Information, other than as provided for in this Section, for as long as Business Associate retains the Protected Health Information;

IV. Not Use or Disclose the Protected Health Information retained by Business Associate other than for the purposes for which such Protected Health Information was retained and subject to the same conditions set out in Section 3.d.i.-ii. above;

v. Return to Covered Entity or, if agreed to b Covered Entity, destroy the Protected Health Information retained by Business Associate when it is no longer needed y Business Associate for its proper management and administration or to carry out its legal responsibilities;

VI. Provide written certification to Covered Entity certifying compliance with this Section 5 .c.

5

Page 52: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

d. Survival. The obligations of Business Associate under this Section shall survive the termination of this Agreement.

6. Miscellaneous Provisions

a. Indemnification. Business Associate will indemnify, defend, and hold harmless Covered Entity and its respective directors, officers, employees, and affiliates

-fiOm and agaiiist all claims, actions, damages, losses, liability, fines, penalties, costs, expenses, or reasonable mitigation or remediation services, including, 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 or omissions in connection with this Agreement, by Business Associate or its directors, officers, employees, Subcontractors, or agents.

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

c. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Privacy Rule and any other applicable law. This Agreement may not be modified, nor shall any provision be waived or amended, except in a writing duly signed by authorized representatives of the parties.

d. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Privacy Rule.

e. Conflicting Terms. In the event any terms of this Agreement conflict with any terms of the Underlying Agreement, the tenns of this Agreement shall govern and control.

f. Governing Law. This Agreement shall e governed by and construed in accordance with the laws of the State of Kansas.

g. Notices. All notices, requests, approvals, demands and other communications required or permitted to be given under this Agreement shall be in writing and delivered either personally, or by certified mail with postage prepaid and return receipt requested, or by overnight courier to the party to be notified. All communications will be deemed given when received. The addresses of the parties shall be as follows:

If to Covered Entity: Linda K. Ochs, Director Shawnee County Health Dept. 2600 SW East Circle Dr. Topeka, KS 66606

6

If to Business Associate: Gianfranco Pezzino, MD, MPH 2823 Sw MacV1.car Topeka, KS 66611

Page 53: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

rN WllNESS WHEREOF, each of the undersigned has caused this Agreement to be duly executed in its name and on its behalf effective as of the day of _____ , 20

COVERED ENTITY BUSINESS ASSOCIATE

By ________________ _ ( ~ By~r~,~~~~L~c~C~c~6~~c-2L_ __ __

Print Name Kevin J. Cook Print Name Gianfranco Pezzino, MD, MPH

Print Title Chair, Board of Print Title Shawnee County Health Officer Shawnee County Comm1ss1oners

Date----------- Date ___ __,/_./_-'-'/ ~.._-_,1-"i ______ _

7

Page 54: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

'

Memorandum

DATE: December 6, 2018

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

Shawnee County

Information Technology Room 205, Cour1house

200 SE 7th Street Topeka, Kansas 66603-3933

RE: Annual License Renewal for Atlassian Software Components.

The Information Technology Department would like to submit for your consideration and approval the renewal of our annual licensing fees (C195-2017) for several cloud based software components provided by Atlassian. ·

These components include: • Confluence- A communications and collaboration platform that provides services

similar to those found in much more expensive options such as SharePoint.

• Service Desk- A Help Desk platform that provides automation, flexibility, and metrics

that can be used to better identify problem areas and improve service response times.

• JIRA- A project management tool that is used to create schedules and manage work

flows and models, for tracking the progress of projects from inception to completion.

Funding to support this product, $6,000.00, is contained within the 2018 Information Technology budget.

CPO/mro

fax. 785-2.91-.(;.907 phone 785-233-8200 exl /JO:JO

Page 55: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

A ATLASSIAN

Summary

SNCO

200 SE 7th St. Topeka KS 66603 United States of America

Total Due: USD6,000.00

Payment Tips II )'QU require your license urgently, pay by credit card.

SHAWNEE COUNn CONTRACT #C11hl01(

Invoice Number: AT..£i7150971

Date Issued: 05 Dec 2018

Billing Contact:

Asim Shaikh SNCO [email protected] 7852514845

Technical Contact:

Asim Shaikh SNCO [email protected] 7852514845

Valid Until: 04 Jan 2019

Invoice Tax ID: 53102 44:3 916

If you are planning to Wllhhold tax on your purchase, carrtac! us prior to paymenl

Advise us when paymer~t is made by emailing your payment details and invoicE infonnalion to [email protected]. Instruct your bank to make the paymant in US dollars. Full irwoice amount must be remitted-

any add1tionsl foos ere )'QUI respon~ibility.

How to pay

By Credit Card (Recommended):

Payment can be made via

hltps:!lymw,atlassjan.coroJpayment

Amex, VISA or MastarCard only

By ACH Payment {US banks only):

Automated Clearing House payment details as follows:

Bank name: Account name: Account number:

Bank of America N.A. Atl~sian Ply Ltcf 1499487532

Account tyPe: Checking Routingrrransit Number. 121000358

Quote AT-67150971 in the remittance advice details.

Atlassian Pty Ltd. Level6. 341 George St. Sydney NSW 2000, A<.~stralia

Got questions? Contact us. htlpS'/twww,at!assjan camlcqntact

By USD Check (US banks only):

Payablo to: Atlassian Pty Ltd

Quote Reference number AT -67150971.

So11d via Rcg<.~lar Mail or Co<.~rier Deliveries to o<Jr Lockbo~:

AUasslan Pty Ltd 32151 eonec!ions Center Drive Chicago, IL 60693-0321 USA

By USD Bank Transfer:

Bank Name: Bank of America N.A. Bank Address:

SWIFT:

Lev&l 37, Govemor Phillip Tower, 1 Farrer Plaoa, Sydney NSW 2000

BOFAAUSX

Account Name: Bank Number (BSB): Account Number:

Atlassian Pty Ltd 232 001 16332048

Quote AT-67150971 In the bank tram;fer details.

Quote Serial#: 1

Page1of4

Page 56: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

A. ATLASS IAN

Details

i i :·Support Entitlement Number: SEN-8838176 '- LicerJ~ed To: SNCO :-Billing Period: 26 Dec 2018-26 Dec 2019

)checklist for JIRA Cloud for Jira Core (Cioucl) 15 Users (Annual Payments) :from 15 Users 1- Site Address: shawnee.atlassian.net i· Support EntRiement Number: SEN-6338178 j· L1censeQ To: SNCO

Invoice Ta~ 10: 53 102 443 916

Invoice Number: AT -67150971

Date Issued: 05 Dec 2018

i- Bill1ng Period: 26 Dec 2018-26 Dec 2019____ -----+---------+-------+----------1 -'ljiR/1.-Mi~c-W~rkll~ Extensions Cloud i~r Jira Com (CIDud) 15 U~rs i I (Annual Payments) from 15 Users j - S•te Addres~: shawnee.aUassian.net USD105.00 ', -Support EntiUemer1t Number: SEN-88~8178

'·Licensed To· SNCO i ·Billing Period: 26 Dec 2016-26 Dec 2019

----------' Jlra Software {Cloud) 15 Users (Annual Payments) from 15 Users ,. Site Address: shawnee.atlassian.net

- ------ -- -:------ -----'----- ----1

:. Support Entitlement Number: SEN-8838178 ·- Licensed To: SNCO

- Billing Period: 26 _DIC'(:;_ ~q~ ~--~6_pec 201~-. -,;,,,, i;;;;,;;;.;,;0t--------- __ 1___________ ~~ _______ ___ 1

Automation for Jira Cloud for Jira Core (Cloud} 151.J~el"ll [.1 from 15 Users -Site Address: shawnee.atlassian.net -Support EntitJement Number: SEN-8838178 -licensed To: SNCO -Billing Period: 26 Dec 2018- 26 Dec 2019

Jira Service Desk (Cloud) 15 Agents {Annual Payments) • Site Address: shawnee.atlassian.net -Support Entitlement Number: SEN-BB3817B - Licansod To: SNGO - Billrng Period: 26 Dec 2018- 2ti Doc 2019

Confluence {Claud) 25 Users (Annual Payments) Renewal • Site Address: shawnee.allassian.net -Support EntHiement Nl!mber: SEN-!!838178

Atlassian Ply Ltd, Level 6, 341 George St, Sydney NSW 2000. Australra

Got quesllons? Contact us.

trt!ps·l/www,allassjan com/OOfltac!

US01,250.00

Quote Serial#: 1

Page2of4

Page 57: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

A ATLASSIAN

Details

Additional Notes Please note that th'1s '1s not a tax invoice. A vat1d tax irwoice shall be issu-ed to the cuslomer upon payment.

Atlassian pty Ltd, Leve16, 341 George St, Sydney NSW 2000. Ausl!alla

Got question.s? Co11tacl us. https·!lwww allassjan.comfcontact

Invoice Tax ID: 53 102 443 916

Invoice Number: AT-67150971

Date Issued: 05 Dec 2018

Quote Serial#: 1

Page 3of4

Page 58: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

A ATLASSIAN Invoice Ta~ ID; 5:!102 443 916

Licensing & Support Invoice Number: AT-67150971

Date Issued: 05 Dec2018

Support Requests related to lioeosi~ or Atlas sian softwars can be Initiated at https·IIWWW a!!assiao.comlresourceststJooort

For support requests rel~ted to third party software ple11se contact the third party vendor. Usage of Atlassian producls and services are subject to the Atlassian Cloud Terms of Service and Prlyacy Po!1cy

Usage of Ullnl party add-ons purchase~:! through the Atlassian Marketplace is subject to the Atl~;~ssian MarlrelplaceTerms of Use

Specific deta1ls on Atlassiao's support polic~ are available at bttps"ijcontl!J!!nce atlassjan comfsllpporVallomjar~-suoport-oflerings-193::1:SeG36 him!

Next steps for JIRA, Confluence, and Marketplace add-on legacy license holders are available in the A!JasS@J!jcensjng EAQ

Software mainlenBnco;l covers accBss to any support' and software product updale5 for your software license.

After your software malnterlatlCO period expires, you will no longer be able to access support or software updat~. including security patches. Renewing your software mainlenanco;l is done purely at your d1scretion. and can be renewed in advance of your maintenance period expi~<~~on to en~ure uninterrupted access to the support ser/1ces ar.d software and security updates.

Y01.1 can cor.t1nue to use your software after the active maintenance period expires. HowevBr, do keep In mind ltiat software maintenance renewals commence from the expiration of the last active software maintenance period.

• Support covers tedmical ser"'lice requests for implementation and configurat1on ass1stance, upgrade assistance. post-implementation product Issues.

A technical service request is defined as assistance with one issue, problem, or question relating to the use or installation of a Atlasslan product. regardless of tl1e number of communications required.

Support does not cover !tie following: ·Development requests, including Cllslom code dei'(I!Opment or support for third party pluglns - Datsb01se integrity or database performance issues. irl(:luding luning snd optimisation of ltle datattase · Network topology or er.vironment issues - AppliCi3tion Ser"'/er issues r101 direclly relsted to ltle Atlassian product implementation. configuration or operation • Service requasts or issues referTed via Atlass1an forl.lms

Atlassi11n Pty Ltd, Level 6. 341 George St, Sydney NSW 2000, Australia

Got quest"1ons? Contact us. https ·IJwww atlassjan,comlcontact

Quote Serial#; 1

Page 4or4

Page 59: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Memorandum

DATE: December 7, 2018

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Purchase of 10 Cisco Catalyst Switches.

Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Streel

Topeka, Kansas 66603-3933

The Information Technology department is requesting approval to waive the county purchasing procedure to purchase 10 Cisco Catalyst Switches from World Data in the amount of $48,350.00. This is a special price we are being offered from the vendor for new switches at refurbished pricing.

Funding to support this issue, $48,350.00 is contained in the 2018 Information Technology budget.

CPO/mro

fax 785-2!N-4.907 phone 785-233-8200 exl ~O.JO

Page 60: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

1105 X~nium lane N, Suite 200 Plymouth, MN 55441

SALES QUOTE

QTY.10 W\)RLD p:1·888-~10-76Th r: 763-452-1201 [email protected] www.wdpi.com

SQ-382798 I 11/712018

DATA PRODUCTS

Customer

SHAWNEE COUNTY

JOATK!NSON INFORMATION TECHNOLOGY

200 SE 7TH, SUITE 200

TOPEKA, KS 66603 UNITED STATES

ll•m

WS-C3850-48U-S

2 PWR-C1-1100WAC

3 C385CI-NM-4-10G

Description

SHA\IVNEE COUNTY

INFORMATION TECHNOLOGY 200 SE 7TH

SUITE 200

TOPEKA, KS 66603

UNITED STATES

Tel: 000-000-0000,000-000-0000

CAT3B50 48.-GE UPoE Ports 1100W IPB

1100WII.C power supply spare

CAT3B50 4-1GEI4-10GE Netwcrk Module

Qty

10

10

10

Valid through 1210712018

Account Rep

Shaun Albrechtson direct dial: 763-452-1308 fax: 763-452-1309 email. [email protected]

··~ $3,645,00 EA

$~45.00 EA $S45.00 EA

Total

WOP I d&llvers saving& up to 50% or more on Server, Networking and storage Hardware, Malntananca, Servlc&a and R&palr. SlnC9

1987, thouaands of culltoln&rr. have ben &filed from our leo;hnlcal Bl(perllse, qua lily guaranteas, Immediate availability, no vendor

lock-In and aggressive trade-in ere-Cit or cash for surplus equlprrlllnt. Please ask your reprosentatlve about WDPI's competitive

Lea&& and Rental o~lone.

Quotad price-d do &II not lncl~de appllo;able s&las tal( which w111 be based upon the destination ol goods or servloos.

Amount I $38,450.00

$2,450,00

$8,450.00

$4!1,350.00

1 "''

Page 61: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

'

LD RODUCTS

Grow your business and maximize your budget wfth proven IT solutions from WDPJ.

WOP I delivers savings up to 50% or more an server, networking and storage hardware, maintenance, services and

repair. Since 1987, thousands of customers have benefited from our technical expertise, consulting services, quality guarantees,

immediate availability, no vendor lock-in and aggressive trade-in credit or cash for surplus equipment.

Our services are backed by a broad expertise 1n business consulting and hardware to help you link your IT strategies to

business objectives, resulting in increased efficiency and effectiveness of your infrastruchne. WOP I offers a wide range of

services to complement its product offerings, including technical support. IT monitoring, board level repair, maintenance services, systems management, networking management, consulting, cloud computing, disaster recovery, virtualization and managed hosting.

Companies struggling to improve inefficient and costly systems draw upon WDPI's knowledge and experience to overcome the challenges of maintaining profitable growth because of our:

• Reliabilitv: Supported by an established private equity institution, WDPI has annual revenues of approximately $50 million, serves more than 15,000 customers worldwide, processes 4.000 transactions per month, and owns millions of dollars in inventory. 'We deliver value add by providing current technology through new, refurbished, and third-party solutions.

Expertise: VVDPI's knowledgeable employees provide solutions that result in increased efficiencies, productivity and profitability. We understand the importance of receiving the most value from a business partner by acting as an extension of your team to ensure you can remained focused on what matters, the business.

• Customer Service: WDPI's responsiveness and fast turnaround helps companies prevent loss and eliminate downtime. Our customer centric approach ensures your needs are the highest priority all of the time. 1Ne take the time to understand your environment in order to help you complete your objectives quickly.

• Comprehensive Solutions: WDPI's team of highly skilled and experienced engineers offer design, configuration, staging, installation, management. monitoring and consulting services to ensure your IT solutions are implemented on time and under budget.

• Multi·platform Product Suite: WDPI maintains one of the broadest, most complete server, storage and networking inventories available anywhere. Our extensive inventory of new and used products ensures same-day shipments of many systems, features and parts including but not limited to: IBM pSertes, IBM iSeries, IBM xSeries, CISCO, Dell, HP9000, HP Proliant, Juniper, Extreme, Force1 0, F5 and Adtran.

• Total gualitv Processes: Our Total Quality Refurbishment Process is your guarantee of the highest quality pre·owned equipment on in the market today. All of our products are thoroughly tested, cleaned, configured and staged at our state-of· the-art fadlities. \11/DPI's reconditioned products are eligible for manufacturer's maintenance and are covered by our industry leading warranty.

To /eam more about WDPI's commitment to improving efficiency and adding business value, visff: WWW'.wdp~.eom <http://wNw.wdpi.com> orca/11·888-210.7636.

1105 Xenium Lane N, Suite 200, Plymouth, MN 55441 1-888-21(1...7636 www.wdpi.com

Page 62: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Shawnee 1 s;ounty "-' ~ r f ,1>

P.arKs+ ~ recreation November 29, 2018

TO:

FROM:

RE:

Board of Commissioners Shawnee County \

1

John E. Knight, DirectJ Parks + Recreation

Shawnee County Code Sections 4-81 and 4-82 Parks+ Recreation Administration

t I

Pw:pose: Board of Commissioner approval is requested by Parks + Recreation to amend Shawnee County Code Article m. County Property Sec. 4-81 Selling or Serving of Alcoholic Liquor or Cereal Malt Beverages on County Property and Section 4-82. Possession and Consumption of Alcoholic Liquor or Cereal Malt Beverages on County Property.

Justification: Amending Shawnee County code better aligns the application of selling and serving or possession and consumption of alcohol or cereal malt beverages at various Parks + Recreation facilities during rentals, adult programs and special events. Staff has identified that amending code will provide for a more clear application of the code and it creates additional opportunities for funding sources as welL

In the Master Plan 6.2.2 Funding Sources For Operational Dollars is identified where it could expand opportunities to generate funding with partners in parklands or facilities. These would be new or enhanced special events, concession or vendor opportunities, and advertising could generate new sponsorships. It will more clearly allow for the application of enforcement at adult programs where specified. Events would increase between public/private partnerships that could potentially generate additional sales taxes into the local economy.

JEK!blt RL Attachment

pa rks.snco. us

• 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-6800

Page 63: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

HOME RULE RESOLUTION NO. HR-2018-..,3~-

A RESOLUTION AMENDING SHAWNEE COUNTY CODE SECTIONS 4-81 AND 4-82

REGARDING SELLING, SERVING, POSSESSING OR CONSUMING ALCOHOLIC LIQUOR OR

CEREAL MALT BEVERAGES ON SHAWNEE COUNTY PROPERTY

SPONSORED BY COMMISSIONER COOK

WHEREAS, Shawnee County Code Sections 4-81 and 4-82 establish regulations for the Selling, Serving, Possessing or Consuming Alcoholic Liquor or Cereal Malt Beverages on Shawnee County Property; and

WHEREAS, the Board of County Commissioners of the County of Shawnee, Kansas desires to amend Shawnee County Code Sections 4-81 and 4-82.

NOW, THEREFORE, the Board of County Conunissioners of the County of Shawnee, Kansas, meeting in regular session this __ day of 2018, and intending to exercise its powers of home rule pursuant to K.S.A. 19-lOla, does hereby resolve as follows:

1. Shawnee County Code Section 4-81 is hereby amended to read as follows:

Sec. 4-81. Selling or Serving of Alcoholic Liquor or Cereal .Malt Beverages on County Property

No person shall sell or serve any alcoholic liquor or cereal malt beverage including liquor, whiskey, wine, or beer in any Shawnee County-owned Parks+ Recreation building or on any other Shawnee County-owned Parks + Recreation property vrithout written permission from the Director of Parks + Recreation.

No person shall sell or serve any alcoholic liquor or cereal malt beverage including liquor, whiskey, wine, or beer at any building or location on the Kansas Expocentre grounds without written permission from the Kansas Expocentre Manager.

No person shall sell or serve any alcoholic liquor or cereal malt beverage including liquor, whiskey, wine, or beer in any other Shawnee County-owned building or on any other Shawnee Cowrty-owned property without written permission from the Board ofColUlty Conunissioners.

Any person engaging in such activities must be properly licensed in accordance with Kansas Law.

Page 64: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

2. Shavmee County Code Section 4-82 is hereby amended to read as follows:

Sec. 4-82. Possession and Consumption of Alcoholic Liquor or Cereal Malt Beverages on County Property

Alcoholic liquor and cereal malt beverages including liquor, whiskey, wine, or beer may be possessed and consumed in accordance with Kansas Law upon the following premises owned by the County, which premises are also hereby declared exempt from the provisions ofK.S.A. 4l-719(d) and any amendments thereto by authority ofK.S.A. 41-719(!):

(I) Any building or location on the Kansas Expocentre grounds with written permission from the Kansas Expocentre Manager;

(2) all property leased or lawfully occupied shelters including patios and decks adjoining said structures located in the Shawnee County Parks;

(3) the Golf Courses, including the clubhouse buildings; (4) the Campground; (5) the Ski Club building; (6) the Yacht Club building; (7) the Rowing building; (8) the Lake Shawnee Event Center; (9) Old Prairie Town and adjacent courtyard and garden; (1 0) the spectator seating areas, and event hosting areas directly adjacent to Jerry Roberts

Field at the Bettis Family Sports Complex; (11) the spectator seating areas, event hosting areas and parking lots directly adjacent to

Rueger Park Softball Complex with the ex.;::eption of playing fields and dugouts during league and tournament play;

(12) the spectator seating areas, event hosting areas and parking lots directly adjacent to Shawnee North Softball Complex with the exception of playing fields and dugouts during league and tournament play;

{13) the spectator seating areas, event hosting areas and parking lots directly adjacent to Shawnee South Softball Complex with the exception of playing fields and dugouts during league and tournament play;

(14) the spectator seating areas, event hosting areas and parking lots directly adjacent to Felker Park Softball Complex with the exception of playing fields and dugouts during league and tournament play.

(15) Any Shawnee Coilllty Parks + Recreation building or facility hosting an authorized special event \\'ith Mitten permission from the Shawnee County Parks + Recreation Director allowing patrons of the event to consume alcoholic liquor and cereal malt beverages.

No person shall possess or consume any alcoholic liquor or cereal malt beverages including liquor, whiskey, wine, or beer during Shawnee County Parks+ Recreation youth events, games or tournaments.

3. Any Resolution in conflict herewith is hereby rescinded.

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

2

Page 65: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

APPROVED AS TO FORM ANP LEGALITY

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Michele A. Buhler, Vice-Chair

Robert E. Archer, Member

BY THE SHAWNEE COUNTYI'ICOUNSELOR'S OFFICE

DATE q .c;-1 f BY \Y UJ

3

Page 66: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Shawnee I ~ounty ..... ' , r!, P.arKs+ ~ recreation December 5, 2018

TO:

FROM:

Board of Commissioners Shawnee County

John E. Knight, Directo} Parks + Recreation

RE: Design Services/Printing - The Guide and Promotional Brochures Business Division- Marketing/Promotion

Pwpose: Board of Commissioners approval is requested to allow Parks + Recreation to solicit Request for Qualifications for the design of The Guide for the summer, fall and winter 2019-20 issues, additional design and updates of promotional brochures, and permission to solicit Request for Quotes for the printing of The Guide. Funding for all design and printing is covered in the department's operating budget.

Justiftcation: The Guide, as its name suggests, introduces the public to information that can help guide their use and enjoyment of SCP+R parks and facilities. It contains general information about SCP+R classes, facility rentals. golf courses, aquatic centers and other features that generate revenue for the department. It serves as an additional vehicle for promoting such special events as Tulip Time, Apple Festival and Spirit of Kansas to name a few.

Research contained in our Master Plan shows that The Guide is among the public's top four sources of information about SCP+R. While residents may be familiar with one or more features. the publication positions the department to be the public's first choice in terms of recreational programs and rental facilities. Each request will include information and requirements to meet the department needs for design and printing of materials. Purchasing policy will be adhered to for all documents.

JEK!blt OM

parks.snco.us

• 3137 SE 29th Street • Topeka, KS 66605 • (785) 251~6800

Page 67: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Shawnee I <::,ounty "' ~ r,; P.arKs+ ~ recreation December 5, 2018

TO:

FROM:

Board of Commissioners Shawnee County \

John E. Knight, Directo~ Parks + Recreation

RE: Ward Meade Porch Project Bid Results/ Agreement -Mike Mosher Construction Recreation- Old Prairie Town

Puroose: Board of Commissioners approval is requested on the attached agreement with Mike Mosher Construction for the repairs to the mansion porch at Ward Meade Park. The agreement and Q#066-18 defines the project. Funding of $31,363.00 has been identified from the Capital Maintenance (3R) Fund.

Justification: On Monday, October 8, 2018, the Board of County Commissioners approved Parks+ Recreation's Ward Meade Mansion Porch Repair project proposal request per Shawnee County Purchasing Policy. Mike Mosher Construction was the most responsive bidder in relation to the requested specifications listed in the RFP and thus recommended for the project. Bid results are shown below.

Senne Company Mike Mosher Construction

JEK/blt RL Attachments

Total Bid $39,298.00 $31,363.00

parks.snco.us

• 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-6800

Page 68: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNTY CONTRACT C- iJ f -2018

MOSHER CONSTRUCTION AGREEMENT

~ THIS AGREEMENT is made and entered into effective the !:/.!!._ day of I.) e&e,.../:,gr , 2018, by and between THE BOARD OF COUNTY CoMMISSIONERS OF

THE CoUNTY OF SHAWNEE, KANSAS ("COUNTY11), and MUCE MOSHER CONSTRUCTION

(MIKE MOSHER CONSTRUCTION), together known as the Pat1ies.

WHEREAS, in accordance with law, County has caused certain contract documents to be prepared per a Request for Proposal (RFP), for and in cOimection with the Ward Meade Mansion porch repair project (Ward Meade Park); and

WHEREAS, Mike Mosher Construction has submitted a response to the County per RFP Q066-18, in the manner and time specified, a Sealed Bid in accordance with the Bid Documents~ and

WHEREAS, County has publicly opene4 and examined the bids submitted, and has dete1mined Mike Mosher Construction to be the lowest responsive bidder for the work described herein, and has duly awarded to Mike Mosher Construction a Contract therefore; and

WHEREAS, in consideration of the compensation to be paid to Mike Mosher Construction by County, and of the mutual covenants contained herein, the Parties have agreed as follows:

SECTION 1 SCOPE OF WORK Mike Mosher Constmction agrees to repair porch and spindles, install new product and paint per design specifications at the Historic Ward Meade Mansion for the County according to the RFP Q066-18 attached hereto and made a part of by reference. Mike Mosher Consb:uction shall perform all work, as provided in the RFP, plans and/or specifications, including the assumption of aU obligations •. duties, and responsibilities necessary to the successful completion of the project, including the furnishing of aU material and equipment required to be incorporated into the project and all tools. equipment. supplies, transportations, facilities, labor, superintendents, and other services required to perform the work and complete the project as defined and provided for in the RFP, plans and/or specifications.

SECTION 2- TERM This Agreement shall connnence on the date signed by County and a notice to proceed shall be provided by Shawnee Co\Ulty Parks + Recreation thereafter. Mike Mosher Construction shall complete all wood replacement required in the Contract documents by Febmary 28, 2019. and painting shall be complete by March 20. 2019. following execution of this Agreement In the event Mike Mosher Construction shall be delayed in performing any work due to inclement weather or other Acts of God not reasonably anticipated, the date for achieving substantial completion or as applicable the final completion shall be appropdately adjusted by County upon written claim of Mike Mosher Construction to County. County requests that for such inclement weather adjusbnent(s), it shall be Mike Mosher Construction's responsibility to notify John Bell, Old Prairie Town Supervisor,

Page 69: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

785-251-6991, or Susan Fowler-Hentzler, Recreation Superintendent, 785-251-6881 by 10:00 a.m. any day such request is being considered by Mike Mosher Construction.

SECTION3 PAYMENTS This Agreement shall not exceed the amolUlt ofThhty One Thousand Three Hundred Sixty Three Dollars and No/100 ($31,363.00) in accordance with this Agreement.

Mike Mosher Construction shall submit invoices as duties pertaining to the project are completed. Such submission of invoices shall occur as stated below.

Shawnee County Parks + Recreation Project: 066-18 Mansion Porch Repairs 3137 SE 29" Street Topeka, KS 66605

SECTION 4 LIQUIDATED DAMAGES Should Mike Mosher Construction fail to complete the Project within the contract time provided herein, Mike Mosher Construction shall pay County as liquidated damages, and not as penalty, the sum of Fifty Doll!U> and No/! 00 ($50.00) per calend111· day beyond the stipulated contract time unless such contract time is extended by mutual agreement of the Parties through a change order.

SECTION 5 SUBSTANTIAL COMPLETION Upon completion of the work, Mike Mosher Construction shall notifY County and County shall conduct or cause to be conducted an inspection of the work. Mike Mosher Construction shall be given ten (1 0) days to complete or cmtect any incomplete or deficient work or any outstanding items remaining to be completed or corrected as detailed in a list of items furnished by County. If upon expiration of said ten (10) calendar days the aforementioned outstanding items of work have not been completed, liquidated damages shall commence as provided herein.

Unless extended as provided herein, the expiration of the Agreement time shall ipso facto constitute a putting in default, where Mike Mosher Construction has failed to complete the project timely, and County need not place Mike Mosher Construction in default. Mike Mosher Construction further hereby waives any and all notice of default.

SECTION 6 MIKE MOSHER CONSTRUCTION REPRESENTATIONS In order to induce County to enter into this Agreement, Mike Mosher Construction represents that it has familiarized itself with the nature and extent of the Agreement documents, the work, the locality and all Federal, State, and Local laws, ordinances, rules, and regulations which may in any marmer affect the prqgress of performance of the work. Fwther, Mike Mosher Construction has given County written notice of any conflicts, errors, or discrepancies that it has discovered in the Agreement docmnents, and hereby accepts the written resolution thereof.

SECTION 7 TERMINATION

2

Page 70: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

The terms of this Agreement shall be binding on the parties hereto, but this Agreement may be terminated under any or all of the following conditions:

a. By mutual written contract and consent of the parties hereto;

b. County as a consequence of the failure of Mike Mosher Construction to comply with the terms, progress, or quality of work in a satisfactmy manner, proper allowances being made for circumstances beyond the control of Mike Mosher Construction; and/or

c. By either party upon fuilure of the other party to fulfill its obligations as set forth in this Agreement

In the event of termination of this Agreement, because of any of the above, Mike Mosher Construction shall be paid for work performed in a satisfactory manner prior to Mike Mosher Construction receipt of written notice of termination.

SECTION 8- INSURANCE Company shall furnish a Certificate of Insurance for this project per Q066-18 prior to beginning work or within ten (1 0) days of the execution of this Agreement whichever is sooner.

SECTION 9- INDEPENDENT CONTRACTOR 'While in the perfonnance of providing the services outlined herein or carrying out other obligations under this Agreement. Mike Mosher Construction shall be acting in the capacity of Independent Contractor and not as an employee of County. County shall not be obligated to any person, firm, cmporation, or other entity for any obligation of Mike Mosher Construction arising from the performance of services under this Agreement Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Mike Mosher Constluction shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement County shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance, worker's compensation insurance, as Mike Mosher Construction is an Independent Contractor.

SECTION 10- CONTRACT EXECUTION This Agreement represents the entire agreement between County and Mike Mosher Construction and supersedes all prior negotiations, representations or contrac~, either written or oral. This Agreement may be amended only by written instrument signed by both parties.

SECTION 11- APPLICABLE LAW AND VEN!JE This Agreement shall be consummated in the State of Kansas and shall be governed and/or construed in accordance with the laws of the State of Kansas. Venue shall be in the TI'lird Judicial District Court; and by entering this Agreement, t..fike Mosher Construction

3

Page 71: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

expressly waives any objections to jurisdiction and venue, regardless of Mike Mosher Construction residence or domicile.

SECTION 12-lNDEMNlFICATION To the fullest extent pennltted by law, Mike Mosher Constr.uction shall protect, defend, indemnify, and hold County its elected and appointed officials, agents, directors, servants and employees, or any finn company, organization, or individual, or their contractors, or subcontractors for whom County may be contracted to, hannless from and against any and all claims, demands, judgments, fines, suits, actions or causes of liability, and absolute liability which may arise in favor of any person, persons, or entity on account of illness, disease, property damage, loss of property, services, wages, death or personal injury resulting from operations contemplated by this Agreement.

SECTION 13- NOTICES Any communications to be given hereunder by either party to the other shall be deemed to be duly given if set forth in writing and personally delivered or sent by mail, registered or certified, postage prepaid with return receipt requested, as follows:

County: John Knight, Director Shawnee County Parks+ Recreation Department 3137 SE 29fu Street Topeka, Kansas 66605

Mike Mosher Construction Inc. (785-608-3341): Mike Mosher, Owner 4201 SE Minnesota Ave. Topeka, KS 66609

Written notices hereunder delivered personally shall be deemed communicated as of actual receipt, mailed notices shall be deemed communicated five (5) days after deposit in the mail, postage prepaid, certified, in accordance with this paragraph.

SECTION 14 CONTRACf DOCUMENTS The documents which comprise the Agreement between County and Mike Mosher Construction include this Agreement and the documents listed below (attached):

a. RFP Q#066-!8

b. Shawnee CoWlty Contractual Provisions Attachment

c. Ce1tificate oflnsurance (when provided as required by Section 8).

SECTION 15-SEVERABILITY The parties to this Agreement understand and agree that the provisions herein, shall, between them, have the effect of law, but in reference to matters not provided herein, the Agreement shall be governed by the regulations of the United States and the laws of the State of Kansas. If any provision of this Agreement is held to be illegal, invalid, or

4

Page 72: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

'

unenforceable under present or future laws effective dw·ing the tenn of this Agreement, such provision is fully severable, and this Agreement must be construed and enforced as if such illegal, invalid, or unenforceable provisions never comprised a part of this Agreement; and the remaining provisions of this Agreement remain in full force and effect and may not be affected by the illegal, invalid, or unenforceable provision or its severance :fi:om this Agreement

SECTION 16 DISCRIMINATION CLAUSE Mike Mosher Constmction agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1994, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 12346, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and Mike Mosher Construction agrees to abide by the requirements of the Ame:Iicans with Disabilities Act of 1990.

Mike Mosher Construction agrees not to discriminate in its employment practices, and will render services under this Agreement without regru'd to race, color, religion, sex~ sexual orientation~ national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by Mike Mosher Construction or failure to comply with these statutory obligations when applicable shall be grounds for termination of this Agreement.

MIKE MOSHER CONSTRUCTION

Print NameJTitle Mike Mosher Constmction 4201 SEMinnesotaA.ve. Topeka, KS 66609

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

5

Page 73: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Rev.l012018 ATI'I\CHMEKI' TO

SRA WNF.E COUNTV CONTRACT C, __ _

CONTRACTUAL PROVISIDNS ATTACHMENT The under!iigned parties agree tbat tbe following provi.~ions a~ hereby im:orpWlllted into t~e ~:ontmct 10 whicb ~ .o.ltocbeo;l and made.!! p~~rll:Q%· said contract bei.ng dilled !he IJ.~ day of b Ct!&j!1 r: 20-lj. ~

1. JERM!i IIERI!JN CQNIRQLW!G PJloYJlilON."i. It is expressly agreccl !~at C~e terms of eru:h and every pn:rvi$iOn in this attachment ~~all prevnil und oonlrol over the lenns of any other conflicting provision in nny other document relnting to und u pan of the contmc:t in which this otlilcllment is incorpora!ed.

2. AGRI!:II:ME.Nl' WITH KANSAS LAW II is Djlreed by and between the undersigned !hat all diS!MlteS ancl rnanen; wha!lloever arising uncler, in conooction with or incident to this eonlmet shall be litigated, if 111 n!l, in IUid before a Court located in the State of KWJsas, U.S.A... to the exclusion of the Coull& of nny other states or COIIntl)l. All conlmctual agreements shnll be subject to, govemed by, and construed m:cording to the laws of the State of Kansas.

3,

Financial Admini:strutor, sufficient funds lll't: not appropriated to continue the function perfonnccl in lhis agreement and fOI' the payment of !he charges hereunder, Counly may terminate this ~nt at the end of its cum:nt fiscal )'e!ll'. County apees to give written. notice oftermi!Ultioo to contmc:tor atleastthiny (30) days prior to the end of ill; current fiscal year. In the e~nt this agreement is tenninuted pur:suantto this parngmph, County will pay to th~ contractor all resular contmctual payment~ incum:<l throng~ the end of such fiscal ~ear. The tennination of the -contract pursuant to this paragraph shall n(J( rnuse an~ penalty to be charged to the County or the contractor.

4. DJ.'iCIAIMI!H Or !J&BILITX Neither the County of Shawnee nor any department t~ereor ~hall hold hnnnle:~s or indemnify llny controctor for lillY liability whatsoever.

5. ANit-0JSCRIMIN"llQN CIMJSE. The contractor ogrees: (a) to comply with the Kansas Act Against Discrimin~tioo (K.S.A. 44·1001 el $fq.) and the K.llnsas Age Discrimination in Employment Act, (K.S.A. 44· II II et ,<eq.) and tbe appli~ablc provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) !ADA] and to not discriminate a,gainst any person becausc or ~. r>e]igion, color, sex, disabilit~. nntional orijlin or ancesuy, or age in the admission of IICC655

lo ar treutment 01' emplo)lfTUlnt in, it~ progmms or activities~ (b) to include in all solicitatioos or advertisements f<ll' employees. the phra5e "equal cppcnunit~ emplcyer"; (c) to comply with the reponing feGUiremwls set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to Include those provbion~ in every subcontniCI or purchase order so ttmt they are bindin,g upon sueh subecnlm~!Or or vendor; (e) that a fllilure to comply wit~ the reporting requirementN of (c) abo11e or if the cootmctor is found guilty of llll~ violation of such IIC(s by the Kan!as HulTIIIn Rigbu Commission, such violation shall constitute 11 breach of COlltniCI; <0 if the contracting &gency determine& that the contro.ctor bas violated applicable provision.~ of ADA, th~t violation shall constitut~ a breach of conii'IICt; (g) if (e) or (I) occur~. the coatnct DillY be caacelled. tenninrued or susptmded in whole orin par! by theCoun!y. Panitli to this contmct uade~t11nd th9t subseo':tions (bl through (e) of this paragraph number~ lll'C not applicable to u corumctor who employs fewer than four employees or whose contrnct with the Couat~ 10111.ls

$5,000 or less during this fiscal year.

li. AccEr[ANCE Of CONTRACT. Thi~ contract shall not be considered accepted, approved or otherwise effective until the rcquin!d upprovuh and ci!I1ificntions ha\11'! been given IUld this is signed by tbe Board or County Commissioners of the County of Shawnee, Kans.w;.

7. ARDITRA1'10Iol. DAMAG!!S, WARRANJJJ,!!. Notwithstanding any lan,guage to the central)', no interpR:truioo $hall be allowed to find !he CouRt~ has agrud 10 binding IIbitration, or the payment of damages oc penaltitli upon the oe<:urrence of a contin~ncy. Funher, the County &hall not agree to pay uttocney fees 11nd l1te payment charges; and no pmvisioos will be given effect which attempts to exclude., modil'y, disclllim or otherwise attempt to limit impliccl WltJ'llOiies of men:hanlability and fitness for n pnrlicular pui'JlOii".

8. RErRE500j\TI\'E'S AllTHORID' To CoNriACT. 8~ sisn.ing lhfs clocurnellt, the representative of !he contractor t~f!l'l!b~ represents thnt such person is duly authorized by the contractor to e.:ecute !his document on behalf of the oonlrliCtor and !hal the contractor agre-es to be bound by the provi:rions thereof.

9. R£SPONSl81UTY FOR T AXEl!. '!hoe County shall not be responsible for, nor indemnify a contractor for. nny fede!llll, state or locol taxes which may he imposed or levied upon !he subject matter or this contract

JO. lN!iURANcr The County shall not be required to purcllllse, any insurance agninst loss or damage to any personal propmy to which this contntet relata, nor shall this -conlroct require the County to establish a "sclf·insurance" fund to protect agulnst any such loss or damage. Subject to the provisions cf tbe Kansas Ton Claim' Act (K.S.A. 15-6101 el seq.), the vendor or Jesror shall bear !he risk of any loss or damage to any petse!Ull property to which vendor or !e550r ~olds Iitle.

II. AUlQMAIJID CLEARING HOl!I!E !ACID. Shawoe~ County prefers to pay its vendor lnvoic"' viu electronic funds lrnnsfer:s through the mmomated clearing house (ACH) nelwork. Sha\rneeCounty may require vendors to accept payments via ACH. To initiate payment of invoices, vendors ~tw.ll uecute the County's standard ACH Vendor Payment Authorimtion Agreement. Upon verification of the data provided, t~e Payment Authorization Agreement will authorize the County to deposit pmyment for services rendered m good! provided direc1ly in10 vendor a-ccou1115 with fin!I.JIC'ial in~litutions. All puyments shall be made in Uni1ed Stntl!l; currenc~.

Date:

BOARD OF COUNTY COMMfSSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, C~air

ATTEST:

C~nthia A. Beck, Shawnee CountyCierl::

Page 74: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Shawnee County

Department of Corrections 501 S.E. 8th Street - Topeka, Kansas 66607

Brian W. Cole, Director

Adult Detention Facility · 501 SE Slh- Topeka, Kansas 66607- (785) 251-5000- FAX (785) 251·4924 Youth Detention FacUlty· 401 SE 8th- Topeka, Kansas 66607- (785) 251-6459 ·FAX (785) 251·4963

Corrections AnneK • 818 SE Adams ·Topeka, Kansas 66607 • (785) 251·5000 • FAX (785) 251·4930

TO: Board of County Commissioners

FROM: Brian Cole, Director ..Jll--

DATE: December 10,2018

SUBJECT: Request to use Contingency Funds for Projects

I'm requesting to use Contingency funds for two projects that were not planned for this year. In talking to Ms. Betty Greiner, she agreed that both projects could be paid with contingency funds, pending your approval. The total amount of this request is $18,541.80.

On December 3rd, an inmate became disruptive and destroyed various pieces of equipment in his cell to include the bed, window frame and window covering. The damage was extensive and we are not able to use the cell until it is repaired. The repair will require the use of at least four vendors to replace items or repair damage. We will use our O"MI Maintenance personnel where we can. Although all project estimates are not complete, I anticipate the outside vendors' material and services to cost an estimated 3000.00.

The second project is moving our current file storage from Iron Mountain Inc. to Underground Vaults and Storage Inc. On September 27, 2018, Shawnee County government entered into an agreement with Underground Vaults and Storage (Underground) for secure file storage and document shredding. Our agency wants to take advantage of that agreement. In pursuing the closeout of our agreement with Iron Mountain it was determined that the costs associated with closing our account is approximately $15,541.80. This cost represents the retrieval and removal of our files from their various facilities. To take advantage of the initial price breaks of the new agreement with Underground, we need to move forward as quickly as possible to remove our files from one company to another. We did not anticipate this project or its related cost when determining our 2018 budget.

These projects total $18,541.80. Vllhile discussing both of these with Ms. Betty Greiner, she agreed that they could be paid with Contingency funds, pending your approval

1 will be happy to answer the questions you may have.

cc: Betty Greiner, Director of Administrative Services Evelyn Kendall, Deputy Director

Page 75: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Memorandum

Shawnee County OFFICE OF COUNTY APPRAISER

Steve J Bauman, RMA

To: Board of Shawnee County Commissioners

From: Steve J. Bauman, Shawnee County Appraiser

Date: December 10,2018

Re: Agenda Request- Request for Proposals for Change Detection Services

J am requesting approval to solicit bids for change detection services. This service uses artificial

intelligence to compare two sets of aerial photography from 2 different time frames and

reports the differences to identified improvements. For this project, we will be supplying 2014

and 2018 imagery for determining change. We were provided a free 1,000 parcel trial for

evaluation purposes from Pushpin. After review oft he program and the reported results, it is

determined that this service would be beneficial to our department and the property owners of

Shawnee County.

The cost is not expected to exceed $12,000 or $.15 per parcel which has been approved for

funding by the Land Records Committee.

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

Page 76: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Shawnee County

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

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

785-251·.2200

MEMORANDUM

December 7, 2018

TO: Shawnee County Commission

FR: Sheriff Herman T. Jones

RE: Software Maintenance Agreement

+f J

We will be purchasing a new software module through Tyler Technologies/New World for Web Briefing/BOLO. This module will be used by our office and the Topeka Police Department for internal criminal intelligence. The total cost of the module and the first year maintenance will be split 50/50 w~h TPD. Our portion of the invoice is $6,945.00 and will be paid from our 2018 budget.

Please place this on the December 13, 2018 consent agenda.

If you have any questions, please let me know.

Sincerely,

Herman T. Jane Sheriff, Shawn County

Page 77: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

• e•: ••••• •• new world.

Sales Quotation For Shawnee County Sheriff 320 S Kansas Ave Ste 200 Topeka , KS 66603-3641 Phone: +1 (785) 368-2200

'

Tvler Softwa d Related $1

Date:

Quote Expiration: Quote Name:

Quote Number: Quote Description:

312412019 Shawnee County Sheriff- BOLO

2018-25809 BOLO

Year One ascription License lmpl Hours lmpl Cosl Module Total Maintenance

Computer Aided Dispatch BOLOs

Summary Total Tyler Software Total Tyler Services

Total other Costs Total Third Party Hardware, Softvv'are and Services Travel and Living Expenses Summary Total

2016-25609- BOLO

Sub-Total: TOTAL:

$11,000 $11,000 $11,000

One Time Fees $11,000

$580 $0 $0 $0

$11,580

CONFIDENTIAL

4

4

$580 $580

$580

Recurring Fees $2,310

$0

$2,310

$11,580 $11,580 $11,580

$2,310 $2,310 $2,310

1 of 3

Page 78: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Assumptions

Personal Computers must meet the minimum hardware requirements ror New World products. Microsoft Windows 7/8.1/10 32164 bit or later Is required for all client machines. Windows Server 201212016 and SQL Server 20121201412016 are required for the Application and Database Server(s).

New World product requires Microsoft VVindows Server 2012/2016 and SOL Server 201212016, Including required Client Access Licenses {CALs) for applicable Microsoft products. Servers must meet minimum hardware requirements provided by Tyler. The supported Microsoft operating system and SQL versions are specific to Tyler's release versions.

New World product requires Microsoft Excel or Windows Search 4.0 for document searching functionality; Microsoft Word is required on the application server for report formatting.

Tyler recommends a 1 00/1 OOOMB (GB) Ethernet network for the local area net'W'ork. Wide area network requirements vary based on system configuration. Tyler 'Hill provide further consultation for this environment.

Does not indude servers, workstations, or any required third-party hardware or software unless specified in this Investment Summary. Customer is responsible for any third-party support.

Licensed Software. and third-party software embedded there'1n, if any, will be delivered in a machine readable form to Customer via an agreed upon network connection. Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when Imposed.

l'y'ter's GIS implementation services are to assist the Customer in preparing the required GIS data for use with the Licensed New World Software. Depending upon the Licensed Software the Customer at a minimum will be required to provide an accurate street centerline layer and the appropriate polygon layers needed for Unit Recommendations and Run Cards In an industry standard Esri file format (Personal Geodatabase, File Geodatabase, Shape Files). Customer is responsible for having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. If necessary Tyler will assist Customer in creating the necessary polygon layers (Police Beats, EMS Districts and Fire Quadrants) for Unit Recommendations and Run Cards. Tyler Is not responsible for the accuracy of or any ongoing maintenance of the GIS data used within the Licensed New World Software.

Client is responsible for any ongoing annual maintenance on third-party products, and Is advised to contact the third-party vendor to ensure understanding of and compliance with all maintenance requirements

All Tyler Clients are required to use Esri's ArcGIS Suite to maintain GIS data. All maintenance, training and ongoing support of this product will be contracted with and conducted by Esrl. Maintenance for Esri's ArcGIS suite of products that are used for maintaining Client's GIS data will be contracted by Client separately with Esri.

CAD Maintenance includes 2417 Support.

When Custom interface Is included, Custom interface will be operational with existing third-party software. Any subsequent changes to third-party applications may require additional services.

'M"Ien State/NCIC is included, Client is responsible for obtaining the necessary State approval and any non-Tyler hardware and software. lndudes state-specific standard forms developed by l)ller. Additional forms can be provided for an additional fee.

Page 79: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Assumptions

Associated Maintenance and Support fees will be added to the Client's current Maintenance and Support Agreement and will be invoiced on a pro rata basis beginning on the first day of the month following Amendment Effective Date, and thereafter in a lump sum amount together with Client's then·current maintenance and support fees for previously licensed software.

Page 80: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

. .

Shawnee County Sheriffs Office

320 S Kansas Ave; Suite 200 Topeka, KS 66603-3641 Phone: 785-251-2200

BILL TO

Topeka Police Dept. Attn: Gretchen

INVOICE DATE ,--ii/]jzl)'jjj :

L -----, INVOICE # i 301 :

r--------~ CUSTOMER ID , · DUE DATE f Upon Receipt j

·--------~~

::;HAWNt:.E. CUUI'IIIl

CONTRACT ;jj;C415 'riP I 'g'

DESCRIPTION QTY EA AMOUNT

Tyler !New World Web Briefing/BOLO rr 1st year Maintenance Web Briefing/BOLO

OTHER COMMENTS

1

1

Subtotal Taxable Tax rate Tax due

s 5,790.00

s 1,155.00

s s s s s s s s s s 6,945.00 N/A N/A N/A

'

*cost split 50/50 with SNCO Total cost of original invoice $13,890.00 Other

- -- ------------,

!

Make all checks payable to Shawnee County Sheriff's Office

Thank you!

TOTAL s 6,945.00

Page 81: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Shawnee County

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

3:20 S. KANSAS, SUITE 200 TOPEKA, KANSAS 66603-3641

785-251-2200

MEMORANDUM

December 6, 2018

To: Shawnee County Commission

From: Sheriff Herman T. Jones

Re: Notification of Storm Shelter Bid Award

On October 30, 2018 we sent out notifications that we would be accepting bids for a storm sheKer at the Barta Training Complex.

The sealed bids from the two companies, who responded to our solicitation, were opened in a public venue.

Provided the following quotes: Protection Shatters LLC- $39,500.00 BDC Group Inc- $85,045.00

The contract was awarded to: Protection Shetters LLC Viola, Ks 67149

This will be paid from the Special Project fund established at the Board of County Commissioners meeting December 11, 2017

Please place this on the consent agenda for December 13, 2018.

If you have any questions, do not hes~ate to contact me.

Sincerely,

~_?7/v--Herman T. Jon£. Sheriff.

Page 82: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

TABULATION OF BIDS NOV ~.5 2018 Ff'. 2:.10

DEPARTMENT __ ~S~he~r~iff~----------------- QUOTATION NUMBER 065-18) SIO fl-1'1\ s-.\ 1: t_.lf:.f Date 11115/18

PEOPLE PRESENT Cassy Oyer & Cheryl Wickersham "\

NAMES OF Price of shelter Price to install Total bid for BIDDERS including shipping shelter shelter,

installation, & shloolna

Protection Shelters 3"1 501>,00 LLC

BOC Group Inc 'lS, 3'lS,{.)1) '1 (, 'l 0, OD '6S, !)_'-1 !;, Db L__ ___ I

---------

Page 83: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Shawnee County

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

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

785-251-2200

MEMORANDUM

December 05, 2018

T a: Board of Shawnee County Commissioners

From: Sheriff Herman T. Jones

Re: Purchase ofTen Pro-Gard Transport Seats

We will be purchasing ten Pro-Gard transport seals and shipping for a total of $11,820.00. 911 Custom Upfrtters had the lowest quote. The transport seats will be paid for from 2018 budget funds.

Please place this on your December 13, 2018 consent agenda.

If you have any questions please let me know.

Sincerely,

-c?L0?/·-~ Herman T. Jones, / Shawnee County SI)E>riff

Page 84: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

911 Custom 911 Custom 6970 W 152nd Ter Overland Park, KS 66223 Pl"'one: 913-390-8540

Email: sales@911 custom. com

Bill To:

Shawnee County Sheriff Sheriff 320 South Kansas Avenue - Suite 200 Topeka, KS 66603

/Customer: Shawnee County 50- KS

Seller Payment Terms joe Net30

Item

Estimate

FOB Point Orig!_n

Ship To:

Shawnee County Sheriff jeff Rhoods 1515 NWSafine Topeko, K5 66618

Contact: Shawnee County Sheriff PO Number: 2018-19 Durango

Carrier ShiD Service UPS

Unit

11/30/2018

Reauested Ship Date 11/30/2018

Qty # Type Number I Description Price Ordered Total Price

1 Drop P-56702018058- Charcoal Grey ABS, Standard Ship Transport seatW/1/4 poly Window Cargo Barrierand

Se<~tbelts

2 Shipping Shipping and Handling- Shipping .:md Handling

Approval:'-------- Date:. ___ _

November 30, 2018 8:35:23 AM CST

$1,139.00

$430.00

Subtotal: Sales Tax: Total: Paid: Balance Due:

10 ea

1 ea

$ 11,390.00

$430.00

$11,820.00 $0.00

$11,820.00

$0.00 $11,820.00

Page 1 ofl

Page 85: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Fleet Safety . .,,., .. , ..... ., ....... .. DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407

Telephone: 800-845-0405

Bill To

Contact: Telephone:

E-mail· .

Sales Quote

Sales Quote NG. 267957

Customer No;. MISC

SbJpTo

Contact: Telephone:

E-mail· . Quote Date Ship Via F.O.B. Customer PO Number Pa)'lneDt Method

11/30/18 I GROUND FRTPREPAID I NET30 Entered By I Sala enoa I Ordered By Resale Number Ben lrvan I Ben Irvan -Memphis I TGOOD

oro .. Approve Tax Item Number I Description Uoll Extendod

Quantity QuiUltitv Prlu Prlai 10 10 y MISC 1,320.0000 13,200.00

PRO-GARD, S6702DI80SB, Charcoal Grey ABS, Standard

Warehouse: DROP

Approved By:

0 Appron All Jtems & Quantities

Ouote Good for 30 Davs

Prillt Date ll/30/18 Subtotal 13,200.00 Print Time 04:15:53 PM F~lgbt 300.00

Page No. I

Printed By: Ben Irvan

Order Total 13,500.00

Page 86: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Good, Todd

From: Sent: To:

Daniel Bittner [dbittner@mobilefleetcom] Wednesday, December 05, 2018 8:57AM Good, Todd

Subject: RE: Quote

Sorry we will not be able to supply you with a bid as it is out of our territory.

Daniel Bittner, Jr. Customer Service Manager

dbittnt>[email protected] niii<'· '631.2062920 fe<t5104

10 CommNI."f' Orivto, I!11UppmlJ"'. NY 11788 www.moblirnN"I.mm

The information contained in this e-mail message is intended only for the personal and confidential use of the designated recipient named above_ This message is considered privileged and confidential. If the reader of this message is not the

intended recipient, you are hereby notified that you have received this message and any attached documents in error, that any review, dissemination, distribution, or copying of the message and documents is strictly prohibited. If you have

received this message in error, please notify us by telephone immediately and delete it and any accompanying documents. Any forwarding of this message without direct approval from the sender is prohibited.

From: Good, Todd [mailto:[email protected] Sent: Tuesday, December 4, 2018 9:15AM To: [email protected] Subject: Quote

Hello.

Can [ get a bid for the following:

(10) Pro- Gard P-S6702DI80SB- Charcoal Grey ABS, Standard Transport seat W/l/4 poly Window Cargo Barrier Wld Seatbehs. For 2019 Dodge Durango's

And Shipping cost to 66617

Thank You

Sgt. T. Good Shawnee County Sheriff's Office

1

Page 87: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

Fax 785-251-4941

To:

From:

Date:

RE:

Shawnee County

I I

AUDIT -FINANCE OFFICE Suite 201, Courthouse

200 SE 7th Street Topeka, KS 66603·3903

Board of County Commissioners r1(

Betty Greiner, Director of Administrative Services 0 ~· December 10,2018

Request to transfer contingency funds to the Capital Outlay Fund

The 2018 Contingency fund is expected to have an unused balance of approximately $508,000 after the payment of all approved expenditures.

Therefore, I request approval to transfer $508,000 from 2018 contingency to the Cap~al Outlay Fund for 2019 Approved Capital Outlay expenditures.

Phone 785-251-4307

Page 88: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

FINANCIAL REPORT

FOR NOVEMBER 30, 2018

SHAWNEE COUNTY, KANSAS

Page 89: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2018 FINANCIAL REPORT 2

TOTAL YEAR-TO-DATE REVENUE

$120,000,000

$100,000,000

$80,000,000

$60,000,000

$40,000,000

$20,000,000

$-

2018 YTD $101,973,834

CATEGORY 2018 YTD

$101 ,973,834

PROPERTY TAXES $ 76,583,013

OTHER TAX ES 15,055,048

PROPERTY RELATED FEES 1,575,146

CHARGES FOR SERVICES 4,054,939 OTII CR REVCN UE 4,705,688

$ 101,973,834

BUDGETYTD $101,470,373

BUDGET YTD 5101 ,470,373

$ n,215,812

14,639,069 1,447,194

4,471,535

3,696,76]

$ 101,470,373

2017YTD $100,299,090

2017 YTD BUDGET

S1 00,299,090 VARIANCE

$ 75,491 ,726 $ (632,800) 15, 178,819 415,979

1,864,643 127,952 4,091,761 (416,596) 3,672,141 1,008,925

$ 100,299,090 $ 503,461

OTHER REVENUE

• CHARGES FOR SERVICES

PROPERTY RELATED FEES

• OTHER TAXES

• PROPERTY TAXES

PRIORYR VARIANCE

$ 1,091,286

(123,no)

(289,497)

(36,821)

1,033,547

$ 1,674,744

Page 90: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2018 FINANCIAL REPORT 3

PROPERTY TAXES

$80,000,000 $70,000,000

$60,000,000 $50,000,000

$40,000,000

$30,000,000 $20,000,000 $10,000,000

$-2018 YTD

• $76,583,013

$16,000,000 $14,000,000 $12,000,000 $10,000,000

$8,000,000 $6,000,000 $4,000,000 $2,000,000

$-2018 YTD

• $15,055,048

BUDGETYTD

BUDGETYTD

$14,639,069

2017 YTD

2017 YTD

$15,178,819

$2,000,000

/ PROIWlT-¥-RELATEIUEE

$1,500,000

$1,000,000

$500,000

$ 2018 YTD BUDGETYTD 2017 YTD

• $1,575,146 $1,447,194

Page 91: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2018 FINANCIAL REPORT 4

$4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000

$500,000 s-

2018 YTD BUDGET YTD 2017 YTD ~4-----------~ -----+--~------~

$4,054,939 $4,471,535 $4,091,761 ----..........,!_ ___ _j

$5,000,000

$4,000,000

$3,000,000

$2,000,000

$1,000,000

$-

• 2018 YTD

$4,705,688

PROPERTY RELATED FEES

1%

15%

BUDGET YTD

$3,696,763

CHARGES FOR SERVICES

2017 YTD

4% r OTHER REVENUE / 5%

Page 92: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2018 FINANCIAL REPORT 5

TOTAL YEAR-TO-DATE EXPENDITURES

$100,000,000

$90,000,000

$80,000,000

$70,000,000

$60,000,000

$50,000,000

$40,000,000

$30,000,000

$20,000,000

$10,000,000

so 2018 YTD

$94,557,895

CATEGORY 2018 YTD

$94,557,895

LAW ENFORCEMENT $ 43 750 549 PUBLIC HEALTH 8,490,703 ADMIN. SERVICES 11 061 065 PUBLIC WORKS 8,782,921 PARKS, REC & EXPO 13,768 758 DEBT SERVICE 8,703,901

$ 94,557,895

BUDGETYTD

$95,558,257

BUDGET YTD $95,558,257

$ 43,976.645 8.490,703

11 ,799,637 8,809,036

13,774,389 8.707,847

$ 95,558,257

$

$

2017 YTD

$92,987,247

2017 YTD $92,987,247

40,315,847 s 8,876,703

11,253.281 8.372,447

14.245,969 9,923,002

92,987,247 s

DEBT SERVICE

PARKS, REC & EXPO

• PUBLIC WORKS

ADMIN. SERVICES

-- • PUBLIC HEALTH

• LAW ENFORCEMENT

BUDGET PRIOR YR VARIANCE VARIANCE

(226,097) s 3,434, 702 (386,000)

(738,572) (192,216) (26,1 16} 410,474

(5,631) (477,21 1) (3,946) (1,219,101)

(1,000,362) s 1,570,648

Page 93: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2018 FINANCIAL REPORT 6

$50,000,000

$40,000,000

$30,000,000

$20,000,000

$10,000,000

$

LAW ENFORCEMENT

2018 YTD 2017 YTD -~

• $43,750,549

BUDGET YTD

$43,976,645 $40,315,847

$10,000,000

$8,000,000

$6,000,000

$4,000,000

$2,000,000

S-

$12,000,000

$10,000,000

$8,000,000

$6,000,000

$4,000,000

$2,000,000

$-

PUBLIC HEALTH

2018 YTD

$8,490,703

BUDGET YTD 2017 YTD --1-------1

$8,490,703 $8,876,703

ADMINISTRATIVE SERVICES

2018 YTO BUDGET YTD ~~------~--

2017 YTD

$11,253,281 • $11,061,065 $11,799,637

Page 94: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2018 FINANCIAL REPORT 7

PUBLIC WORKS

$10,000,000

$8,000,000

SG,OOO,OOO

$4,000,000

$2,000,000

$-2018 YTD

• $8,782,921

BUDGETYTD

$8,809,036

2017 YTD

~----======~------~

PARKS, RECREATION & EXPOCENTRE

$15,000,000

$10,000,000

$5,000,000

$-2018 YTD

• $13,768,758

BUDGETYTD

$13,774,389

DEBT SERVICE

$10,000,000

$8,000,000

$6,000,000

$4,000,000

$2,000,000

$-2018 YTD

• $8,703,901 L_ ______ _h~==========~

BUDGET YTD

$8,707,847

2017 YTD - --1

$14,245,969

2017 YTD

$9,923,002

Page 95: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2018 FINANCIAL REPORT 8

$45,000,000

$40,000,000

$35,000,000

$30,000,000

$25,000,000

$20,000,000

$15,000,000

$10,000,000

$5,000,000

$-

YEAR-TO-DATE EXPENDITURES

LAW ENFORCfMENT

PUBLIC HEAlnt ADMIN. SfRVICES

PUBLIC WORKS PARKS, REC 8o DEBT SERVICE EXPO

YEAR-TO-DATE EXPENDITURES

Page 96: BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · L Presentation of Shawnee County's United Way campaign check-Angela Lewis, Human Resources. II. ... internal criminal intelligence

1515 NW Saline Stroot, Su~e 221 Topeka, Kansas 6661S (785) 251-5410 Fax 251-4939

Memo To: Curt Niehaus, Public Works Director

From: Barry ~agle, Planning Director

Date: December 10, 2019

Re: Resignation

Shawnee County Planning Department

I write to announce that I will be resigning my position of Planning Director to assume another position. My last official day in the office will be Friday, December 28, 2018. I will be working till the last day to finish projects or prepare cases in advance that are appearing for public hearing after my departure.

I would like to thank the County Commission for giving me the opportunity to serve the interests of Shawnee County In this capacity. It has been a privilege working alongside the members of the Planning Commission/Board of Zoning Appeals. A lot is demanded of these citizen planners and they meet and exceed an expectations. I would also like to acknowledge the hard work and dedica1ion of my staff. They exemplify good customer seruice and willingness to assist all who make contact with the department.

It has been a privilege and honor serving as the Planning Director for the past 15-years. wish you and the County the best of success in the future.

::f I