BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, MARCH 31, 2016, 9:00AM COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS II. UNFINISHED BUSINESS III. CONSENT AGENDA 1. Acknowledge receipt of the Sheriffs Special Law Enforcement Trust Fund account summary for 2015-Sheriffs Office. 2. Consider authorization and execution of Contract C85-2016 with MVP System Software for annual maintenance of JAMS Small Business Edition job scheduling software at a cost of $3,500.00-Information Technology. 3. Consider authorization and execution of Contract C86-2016 with Eagle Technologies for additional licenses for the Court's backup software in an amount of $651.00-District Court. 4. Consider approval from the Washburn Law School Trial Advocacy Class to use the courthouse on April23r, 8:00a.m. to 3:30p.m. for mock trials. 5. Acknowledge receipt of Summons in Case No. 2016CV217-Wells Fargo Bank, National Association vs. Board of County Commissioners of Shawnee County, Kansas, et al; and Case No. 20 16CV218-Branch Banking and Trust Company vs. Board of County Commissioners of Shawnee County, Kansas, et al-County Clerk. IV. NEW BUSINESS A. COUNTY CLERK- Cynthia Beck 1. Consider all voucher payments. 2. Consider correction orders. 3. Consider approval of Resolution No. 2016-28 authorizing a 2016 cereal malt beverage license, including Sunday sales, to J.J. & J Incorporated dba GreatLife Safari located at 7523 SW 21st Street-Commissioner Buhler. B. PUBLIC WORKS/SOLID WASTE- Tom Vlach 1. Consider authorization and execution of Contract C87-2016 with the Kansas Department of Transportation transferring the frontage road located north of I-70, between NW Docking Road and NW Valencia Road from KDOT's ownership and maintenance to Shawnee County's ownership and maintenance with reimbursement from KDOT of an amount not to exceed $231,500.00 for repair of the frontage road. 2. Consider authorization and execution of Contract C88-2016 with the Kansas Department of Transportation wherein KDOT agrees to make a contribution to the NW Carlson Road (Willard) Bridge over the Kansas River project of 100 percent of the construction costs for the project but not to exceed $8,500,000.00 with the County paying annual payments commencing on March 15, 2018 of$850,000.00 until such time as the loan is paid off. C. CORRECTIONS -Brian Cole 1. Consider authorization and execution of Contract C89-2016 with New World Systems to add an Inmate Movement Tracking Bar Coding module to the inmate management software at a cost of $24,690.00.
Transcript
BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, MARCH 31, 2016, 9:00AM
COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS
II. UNFINISHED BUSINESS
III. CONSENT AGENDA
1. Acknowledge receipt of the Sheriffs Special Law Enforcement Trust Fund account summary for 2015-Sheriffs Office.
2. Consider authorization and execution of Contract C85-2016 with MVP System Software for annual maintenance of JAMS Small Business Edition job scheduling software at a cost of $3,500.00-Information Technology.
3. Consider authorization and execution of Contract C86-2016 with Eagle Technologies for additional licenses for the Court's backup software in an amount of $651.00-District Court.
4. Consider approval ofre~uest from the Washburn Law School Trial Advocacy Class to use the courthouse on April23r, 8:00a.m. to 3:30p.m. for mock trials.
5. Acknowledge receipt of Summons in Case No. 2016CV217-Wells Fargo Bank, National Association vs. Board of County Commissioners of Shawnee County, Kansas, et al; and Case No. 20 16CV218-Branch Banking and Trust Company vs. Board of County Commissioners of Shawnee County, Kansas, et al-County Clerk.
IV. NEW BUSINESS
A. COUNTY CLERK- Cynthia Beck
1. Consider all voucher payments.
2. Consider correction orders.
3. Consider approval of Resolution No. 2016-28 authorizing a 2016 cereal malt beverage license, including Sunday sales, to J.J. & J Incorporated dba GreatLife Safari located at 7523 SW 21st Street-Commissioner Buhler.
B. PUBLIC WORKS/SOLID WASTE- Tom Vlach
1. Consider authorization and execution of Contract C87-2016 with the Kansas Department of Transportation transferring the frontage road located north of I-70, between NW Docking Road and NW Valencia Road from KDOT's ownership and maintenance to Shawnee County's ownership and maintenance with reimbursement from KDOT of an amount not to exceed $231,500.00 for repair of the frontage road.
2. Consider authorization and execution of Contract C88-2016 with the Kansas Department of Transportation wherein KDOT agrees to make a contribution to the NW Carlson Road (Willard) Bridge over the Kansas River project of 100 percent of the construction costs for the project but not to exceed $8,500,000.00 with the County paying annual payments commencing on March 15, 2018 of$850,000.00 until such time as the loan is paid off.
C. CORRECTIONS -Brian Cole
1. Consider authorization and execution of Contract C89-2016 with New World Systems to add an Inmate Movement Tracking Bar Coding module to the inmate management software at a cost of $24,690.00.
D. PARKS AND RECREATION- John Knight
1. Consider approval of request to purchase a Kubota work utility vehicle using the National Joint Purchasing Alliance (NJP A) contract at a cost of $17,663.36 to replace a vehicle that had been stolen.
E. INFORMATION TECHNOOGY- Pat Oblander
1. Consider approval of request to advertise and fill two Assistant Network Administrator positions at a salary of$55,943.00 each, including benefits.
2. Consider authorization and execution of Contract C90-2016 with Optiv for annual maintenance of the firewall at a cost of$43,752.90.
3. Consider authorization and execution of Contract C91-2016 with the City of Topeka for three years for the installation of an antenna and electronic equipment on the water tower located near the Bettis Family Sports Complex at a cost of$1,000.00 per year.
V. ADMINISTRATIVE COMMUNICATIONS
1. Update regarding the activities/work of the Extension Council-Susan Fangman, Family and Consumer Sciences Agent.
VI. EXECUTIVE SESSIONS
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
March 23, 2016
TO: Board of County Commissioners
FROM: Herman T. Jones, Sheriff
RE: Special Law Enforcement Trust Fund Annual Report
"' . ' i
To comply with KSA 60-4117, attached is a copy of the Sheriff's Special Law Enforcement Trust Fund account summary for 2015, with copies of the monthly ledgers, showing deposits and expenditures for the year.
Please let me know if you have any questions.
Sincerely,
~ ~p,_.._--...., Herman T. Jone Sheriff
CC: Betty Greiner, Financial Administrator
SHAWNEE COUNTY SHERIFF'S OFFICE I I I SPECIAL LAW ENFORCEMENT TRUST FUND
ACCOUNT SUMMARY 2015
BEGINNING BALANCE $600,534.49
DEPOSITS EXPENDITURES
JANUARY $1,640.00 $19,990.76
FEBRUARY $4,474.00 $10,800.74
MARCH -$200.00 $5,353.67
APRIL $800.66 $9,425.37
MAY $0.00 $6,907.37
JUNE $20,025.00 $43,481.65
JULY $10,751.65 $16,538.50
AUGUST $5,540.00 $12,132.11
SEPTEMBER $28,770.00 $19,899.29
OCTOBER $200.75 $7,823.30
NOVEMBER $0.00 $18,564.64
DECEMBER $0.00 $129,641.45
TOTAL $72,002.06 $300,558.85
ENDING BALANCE $371,977.7C
SHAWNEE COUNTY SHERIFF'S OFFICE
SPECIAL LAW ENFORCEMENT TRUST FUND
JANUARY 2015
BEGINNING BALANCE $600,534.49
TRANS# DATE VENDOR DESCRIPTION DEPOSIT EXPENDITURE P144358 12/15/14 Shawnee County District Attorney 15% Commission #14-02897, #2014CV781 Katie Theobald $294.95
P144581 12/23/14 Living The Dream, Inc. Living the Dream Leadership Luncheon $120.00
P144585 12/9/14 KLEAC KLEAC Dues for 2015-Jones, Blume, Kolbek, Vest $50.00
P144599 1/1/15 Douglas Co Rural Water Distr No 3 Water Service for the Range -11/22/14-12/21/14 $52.12
CR090176 1/5/15 DCCA, Inc. Safe Program Payment $200.00
P144600 12/31/14 Presto-X Pest Control Service for the Range- December 2014 $20.00
Pl46874 1/16/15 Western Associates, Inc. SNSO Imprinted Pens $535.75
P146867 2/4/15 Me nards Trash Bags, Coffee, US & KS Flags for the Range $102.51
P146848 1/21/15 Westside Stamp & Awards Inc. Trophy Plaques for SNSO Chili/Dessert Cook-off Winners -- --
$12.00
SHAWNEE COUNTY SHERIFF'S OFFICE
SPECIAL LAW ENFORCEMENT TRUST FUND FEBRUARY 2015
BEGINNING BALANCE $582,183.73
TRANS# DATE VENDOR DESCRIPTION DEPOSIT EXPENDITURE P147215 2/15/15 Greater Topeka Chamber Membership Investment to Greater Topeka Chamber $1,590.60 P147214 2/19/15 Greater Topeka Chamber Table for Annual State of the Community Luncheon $320.00 Co. Clerk 2/11/15 AT&T 913A560011JAN 15 Telephone Service for the Range-January 2015 $215.98
TOTAL $4,474.00 $10,800.74
ENDING BALANCE $575,856.99
SHAWNEE COUNTY SHERIFF'S OFFICE
SPECIAl LAW ENFORCEMENT TRUST FUND
MARCH 2015
I BEGINNING BALANCE $575,856.99
TRANS# DATE VENDOR DESCRIPTION DEPOSIT EXPENDITURE
JE00005570 3/13/15 Shawnee County Refuse Dept. Trash Services for the Range-February 2015 $60.00
P147510 2/11/15 Sam's Club Cookies for SNSO Promotion Ceremony $41.96
P147508 2/25/15 Westside Stamp & Awards, Inc. SNSO Coin Display Holders & Engraved Year Plates $460.00
P147516 3/2/15 United Way of Greater Topeka Table at the United Way 2015 Annual Meeting $320.00
P147512 2/23/15 Menards Windtunnel Vacuum Cleaner for the Range $99.99
P147511 2/26/15 Kansas Family Partnership Red Ribbon Luncheon-Jones & 1 Additional Attendee $40.00
P147963 2/28/15 Presto-X Pest Control Service for the Range-February 2015 $20.00
P147756 3/2/15 Robert Moser CALEA Consulting Services-January & February 2015 $225.00
P147753 3/1/15 Douglas Co Rural Water Distr No 3 Water Service for the Range 1/19/15 - 2/22/15 $47.09
P148302 3/2/15 Topeka City of Character-VISA Topeka City of Character Luncheon-2 Tickets $80.00
P148302 3/2/15 Dillons-VISA Refreshments for Promotion Ceremony $3.66
TRANS# DATE VENDOR DESCRIPTION DEPOSIT EXPENDITURE JE00005797 6/1/15 Transferred from Pre-Forf Holding Forfeited Funds #14-06399, #15CV115 Kimberly Miller $15,050.00 P153095 5/10/15 Shawnee County District Attorney 15% Commission #14-06399, #15CV115 Kimberly Miller $2,348.07 P153096 5/29/15 Herman Jones Reimburse for Lunch-Lieutenant Interview Team $59.25 P153098 5/12/15 Topeka Public Schools Foundation Sponsorship for 2015 Community Breakfast $500.00 P153101 5/29/15 Erik Jackson FBI Steak Out Dinner-Jones, Blume, Royer, Hoobler, Leone $125.00 P153210 3/12/15 Creative Product Sourcing Inc. DARE T-Shirts $2,885.90 P153211 3/27/15 Creative Product Sourcing Inc. DARE Certificates $218.00 JE00005811 6/8/15 Shawnee County Refuse Department Trash Services for the Range 5/1/15-5/31/15 $60.00 R162300 6/9/15 Shirley Construction Construction of Back Up Communications Center $29,441.00
P153545 5/31/15 Presto-X Pest Control Services for the Range-May 2015 $20.00 P153499 6/1/15 Douglas Co Rural Water District No 3 Water Services for the Range 4/20/15-5/16/15 $40.06 P153500 5/18/15 Tractor Supply Co. White Spray Paint for Metal Targets at the Range $35.91
P153523 6/4/15 Sam's Club Food for Your Academy at Seaman High School $158.95
P154036 6/1/15 Gambinos-VISA Pizza for SAFE Students Lunch at Rossville High School $34.00
P154036 6/1/15 Walmart-VISA Food/Plates/Balloons for Big Brothers Big Sisters Pizza Party $50.72
P154036 6/1/15 Dillons-VISA Drinks for Special Olympics Birthday Party $15.00
P154036 6/1/15 Gambinos-VISA Pizza for Big Brothers Big Sisters Party $115.88
P154036 6/1/15 Walmart-VISA Items for Law Enforcement Memorial in LEC Lobby $24.83
P154036 6/1/15 Spangles-VISA Lunch for KLETC Graduation-Jones $5.07
P154036 6/1/15 Wichita Double Tree Hotel-VISA Lodging for FBINAA Spring Training-Kolbek $361.62
P154036 6/1/15 Wichita Double Tree Hotel-VISA Lodging for FBINAA Spring Training-Leone $226.20
P154036 6/1/15 Denny's-VISA Food for FBINAA Spring Training-Hoobler $19.00
P154036 6/1/15 Wichita Double Tree Hotel-VISA Lodging for FBINAA Spring Training-Hoobler $339.30
P154143 6/7/15 Tractor Supply Co. (2) Snap Nic Bolt for the Range-Vest $3.98
P154146 6/1/15 Community Resources Council Membership Dues $200.00
P154147 5/18/15 Tractor Supply Co. Lock & Chain for Gate at the Range $31.78
P154161 4/29/15 Lowe's Toilet Paper, Trash Bags, Paper Towels for the Range $42.28
P154315 6/4/15 Auburn-Washburn Pub Schools Foundation 2015 Spring Breakfast $500.00
P154854 6/10/15 Shawnee County District Attorney 15% Commission #13-02718, #13C710 Jerrod Gibbs $830.07
P154414 6/17/15 Montgomery Door Controls Repair Gate at the Range $2,422.00
Co. Clerk 6/12/15 AT&T Phone Service for the Range-May 2015 $202.78 - -------
SHAWNEE COUNTY SHERIFF'S OFFICE
SPECIAL LAW ENFORCEMENT TRUST FUND
JUNE 2015
BEGINNING BALANCE $554,771.24
TRANS# DATE VENDOR DESCRIPTION DEPOSIT EXPENDITURE
P154793 6/19/15 Robert E. Moser CALEA Consulting Service-May & June 2015 $1,200.00
P154850 6/11/15 Topeka Zoological Park-City of Topeka (2) Zoo2U Live Animal Education Programs $230.00
p154853 6/4/15 Embroidery Plus (100) Youth Academy T-Shirts $735.00 I
I
TOTAL $20,025.00 $43,481.65
ENDING BALANCE $531,314.59
SHAWNEE COUNTY SHERIFF'S OFFICE
SPECIAL LAW ENFORCEMENT TRUST FUND
JULY 2015
BEGINNING BALANCE $531,314.59
I
I TRANS# DATE VENDOR DESCRIPTION DEPOSIT EXPENDITURE
IJE00005852 7/2/15 Transferred from Pre-Forf Holding Forfeited Funds #13-01787, #13C489 Jacob Sander $1,170.00 P154917 7/22/13 Shawnee County District Attorney 15% Commission #13-01787, #13C489 Jacob Sander $253.52 JE00005852 7/2/15 Transferred from Pre-Forf Holding Forfeited Funds #13-01615, #13C490 Patrick More $9,370.00 P154918 6/10/15 Shawnee County District Attorney 15% Commission #13-01615, #13C490 Patrick More $1,484.13 P155145 7/6/15 Herman Jones Reimbursement for Candy for July 4th Parades $20.52 P155061 6/12/15 Sam's Club Food for Youth Academy at Shawnee Heights $121.27 P155069 7/1/15 Douglas Co Rural Water Distr No. 3 Water Service for the Range 5/17/15-6/24/15 $47.09 P155072 6/26/15 McElroy's Repair Air Conditioner at the Range $496.32 P155154 6/23/15 Menards Coffee, Trash Bags, Paper Towels, Soap for the Range $68.38 P155160 6/30/15 Presto-X Pest Control Services for the Range-June 2015 $20.00 JE00005886 7/8/15 Shawnee County Refuse Department Trash Services for the Range 6/1/15-6/30/15 $60.00 P155562 7/8/15 Abouds at Western Hills Inc. SNSO Breakfast for 3rd Shift Employees $205.00 P155830 7/15/15 City of Topeka Police Department Code Red Emergency Notification Services 7/25/15-7/24/17 $11,000.00 P155815 7/13/15 FBI FBINAA Fall Retrainer-Jones, Blume, Hoobler, Kolbek $600.00
Co. Clerk 7/10/15 AT&T Phone Services for the Range-June 2015 $202.78
Treasurer 7/27/15 Kansas Department of Revenue 2015 Drug Tax Payment $211.65 CR099587 7/30/15 Michael Kolbek Reimbursement for Per Diem Overage FBINAA Training -$7.17
P156793 7/2/15 Innovative Data Solutions Power OMS-Document Management System for CALEA $1,230.41
P156338 7/1/15 Subway-VISA. Food for Torch Run $200.75
P156338 7/1/15 Gambinos-VISA Pizza for Seaman Youth Academy $285.00
P156338 7/1/15 Glory Days-VISA Pizza for Shawnee Heights Youth Academy $250.50
P158026 P158026 Western Associates, Inc. SNSO Mini Imprinted Footballs (200) $420.98
P158026 P158026 Western Associates, Inc. SNSO Mini Imprinted Footballs (100) $212.49
P158026 P158026 Western Associates, Inc. SNSO Mini Imprinted Footballs (100) $212.49
P158026 P158026 Western Associates, Inc. SNSO Mini Imprinted Footballs (100) $212.49
P158079 8/18/15 Western Associates, Inc. SNSO Mini Imprinted Footballs (100) $210.38
P158268 8/24/15 Big Brother & Big Sisters Big Brother & Big Sisters Truck & Toss Donation $1,000.00
P158401 8/26/15 Robert E. Moser CALEA Consulting Services-July & August 2015 --
$1,425.00
SHAWNEE COUNTY SHERIFF'S OFFICE
SPECIAL LAW ENFORCEMENT TRUST FUND
AUGUST 2015
BEGINNING BALANCE $525,527.74
TRANS# DATE VENDOR DESCRIPTION DEPOSIT EXPENDITURE Co Clerk 8/7/15 AT&T Phone Service for the Range-July 2015 $222.54 P158608 8/31/15 Western Associates, Inc. SNSO Engraved Rosewood Pens (200) $1,000.00 P157973 8/3/15 FBINAA FBINAA Dues-Leone $125.00 P158922 7/20/15 Chartwells Dining Services KAVA Conference Lunch Sponsored by SNSO at WU $446.90
TOTAL $5,540.00 $12,132.11
ENDING BALANCE $518,935.63
SHAWNEE COUNTY SHERIFF'S OFFICE
SPECIAL LAW ENFORCEMENT TRUST FUND
SEPTEMBER 2015
BEGINNING BALANCE $518,935.63
TRANS# DATE VENDOR DESCRIPTION DEPOSIT EXPENDITURE P158654 9/1/15 Douglas Co Rural Water Distr No 3 Water Service for the Range 7/24/15-8/23/15 $658.70
P158920 8/20/15 Western Associates Inc. SNSO Wrist Bands (1000) $1,275.34
P158920 9/1/15 Western Associates Inc. SNSO Lanyards (500) $1,016.45
P158921 8/20/15 Western Associates Inc. SNSO Police Car Stress Reliever (500) $1,067.00
P158921 8/31/15 Western Associates Inc. SNSO First Aid Packs (1500) $1,253.35
P160036 9/15/15 Shawnee County District Attorney 15% Commission #15-00500, #15CV430 D'Andre Baca $1,142.04
P160024 9/23/15 Herman T. Jones Reimburse for Meals at FBINAA Graduation-Jones & Leone $38.98
P159968 9/16/15 Michael Kolbek Reimburse for Meals at FBI Fall Retrainer-Kolbek & Hoobler $75.67
Co Clerk 9/11/15 AT&T Telephone Service for the Range-August 2015 $220.16
TOTAL $28,770.00 $19,899.29
ENDING BALANCE $527,806.34 --------- - L_ - , ___
SHAWNEE COUNTY SHERIFF'S OFFICE
SPECIAL LAW ENFORCEMENT TRUST FUND.
OCTOBER 2015
BEGINNING BALANCE $527,806.34
TRANS# DATE VENDOR DESCRIPTION DEPOSIT EXPENDITURE
IJE00006121 9/3/15 Shawnee County Refuse Department Trash Service for the Range-8/2/15-8/30/15 $85.00
.JE00006121 10/1/15 Shawnee County Refuse Department Trash Service for the Range-9/6/15-9/13/15 $25.00 ' 10/1/15 $500.00 P160808 Community Resources Council Sponsorship for Annual Meeting & Awards Ceremony
P160863 10/1/15 Douglas Co Rural Water Distr No 3 Water Service for the Range-8/22/15-9/21/15 $103.33
P160864 9/30/15 Western Associates Inc. SNSO String Backpacks (400) $602.80
P160866 10/1/15 Sam's Club Candy for Auburn Parade $53.22
P160687 9/21/15 Shawnee Heights Schools Foundation Sponsorship for Shawnee Heights Foundation Breakfast $500.00
P160993 10/7/15 Sam's Club Candy for NOTOMA Parade $46.38
CR103279 10/19/15 Michael Kolbek Payment for Per Diem Overage FBINAA Fall Retrainer -$23.27
Co. Clerk 10/9/15 AT&T 913A560011SEP15 Phone Service for the Range-September 2015 $220.16
TOTAL $200.75 $7,823.30
ENDING BALANCE $520,183.79 - ' - -- - ------ --
SHAWNEE COUNTY SHERIFF'S OFFICE
SPECIAL LAW ENFORCEMENT TRUST FUND
NOVEMBER 2015
BEGINNING BALANCE $520,183.79
TRANS# DATE VENDOR DESCRIPTION DEPOSIT EXPENDITURE JE00006217 11/9/15 Shawnee Co Refuse Dept Trash Service for the Range-October 2015 $85.00 P162517 11/1/15 Douglas Co Rural Water Distr No 3 Water Service for the Range 9/22/15-10/19/15 $45.21
IP162545 3/31/15 Presto-X Pest Control Services for the Range-March 2015 $20.00 !P164042 11/30/15 Presto-X Pest Control Services for the Range-November 2015 $20.00 P162545 7/31/15 Presto-X Pest Control Services for the Range-July 2015 $20.00 P162519 11/1/15 Tim's Backhoe Service Maintenance Service on Septic Tank at the Range $104.50
P162520 11/13/15 Heaven Scent Flowers Flowers for the 160th Anniversary Reception $59.95 Co Clerk 11/13/15 AT&T 913A5600110CT15 Credit from AT&T- Billing Changed to Wind stream (B Weiss) -$190.80
P162734 10/28/15 Robert Moser CALEA Consulting Services-October 2015 $450.00 P162747 10/31/15 Presto-X Pest Control Services for the Range-October 2015 $20.00
P163265 11/20/15 Living The Dream Donation to Living the Dream Scholarship Fund $1,000.00
P163829 11/2/15 Paisa nos-VISA Lunch for Captain Interview Board $227.38
P163829 11/2/15 Cards n Such-VISA Guest Book for 160th Anniversary Ceremony $16.00
P163189 10/18/15 Me nards Toilet Flapper, Soap, Toilet Paper for the Range $20.52
P163193 10/28/15 Me nards Steel Trowel & Pothole Patch for the Range $15.46
P163194 10/30/15 Me nards Putty Knife & Crack Filler for the Range $17.37
P163145 11/8/15 Me nards Paper Towels, Trash Bags, Toilet Paper, Coffee for the Range $63.29
P163374 11/9/15 Shadow of Missouri LLC Aluminum Trailer with Ramps $15,270.00
TOTAL $0.00 $18,564.64
ENDING BALANCE $501,619.15 L__~-
SHAWNEE COUNTY SHERIFF'S OFFICE
SPECIAL LAW ENFORCEMENT TRUST FUND
DECEMBER 2015
BEGINNING BALANCE $501,619.15
TRANS# DATE VENDOR DESCRIPTION DEPOSIT EXPENDITURE
CR104857 12/1/15 DCCA, Inc. Safe Program Payment $200.00 JE00006260 12/2/15 Transfer SAFE Program Payment to Offset Gift Card Expense -$200.00 -$200.00 R172925 12/3/15 CDW Government Contribution to SNCO DistrictJudges for Laptops $10,000.00 P164042 11/30/15 Presto-X Pest Control Services for the Range-November 2015 $20.00 JE00006307 12/15/15 Shawnee County Refuse Department Trash Service for the Range-November 2015 $95.00 P163977 11/30/15 B.B. Asphalt Sea !coating Inc. Asphalt Parking Lot at the Range/Training Complex $7,240.00 P163973 12/2/15 Embroidery Plus SNSO Physical Incentive T-Shirts $537.50 P165215 10/6/15 Signs To Go Aluminum Number Signs for the Range Firing Lanes $300.00 P165419 12/18/15 Ferre IIgas Fill Propane Tank at the Range $569.70 P165526 9/30/15 Presto-X Pest Control Services for the Range-September 2015 $20.00 P165527 8/31/15 Presto-X Pest Control Services for the Range-August 2015 $20.00 P165214 11/12/15 Creative Product Sourcing-DARE Dare T-shirts (342) $2,777.96 P165417 12/23/15 Robert E. Moser CALEA Consulting Services-Nov & Dec 2015 $300.00 P165216 12/15/15 Douglas Co Rural Water Distr No. 3 Water Service for the Range-December 2015 $75.09 P165396 12/31/15 Presto-X Pest Control Services for the Range-December 2015 $20.00 P164590 12/1/15 Douglas Co Rural Water Distr No.3 Water Service for the Range-November 2015 $40.06 P164591 12/7/15 Sam's Club Food for SNSO Christmas Luncheon $102.65 P164608 11/25/15 Menards US & KS Flags, Coffee Machine Cleaner for the Range $50.96 P164593 12/2/15 Moms on a Mission Child DNA Kits (1000) $290.00 P164592 12/3/15 Westside Stamp & Awards DARE Medals $65.00 P164594 11/12/15 Midwest Sales Jerseys for Battle of the Badges $525.00
P164791 12/1/15 Red Lobster-VISA Sheriff for a Day Lunch-Sheriff Jones $87.88 P164791 12/1/15 Hampton Inn Wichita-VISA Lodging KSA Fall Conference-Sheriff Jones $324.36
P164791 12/1/15 Best Buy-VISA Apple Mini Display Port to VGA Adaptor $29.99 P164791 12/1/15 Greater Topeka Chamber-VISA Chamber Breakfast Buss-Hoobler, Royer Vest Ostenson $60.00
P164791 12/1/15 Heritage Tractor-VISA Air Filter & Oil for Range UTV $69.96
P166026-Encumbered Dillons-VISA Refreshments-Stoney Special Olympics $52.44
P166026-Encumbered Dillons-VISA Breakfast County School Safety Meeting at Seaman HS $38.40
P166026-Encumbered Drew-B-Que - VISA Food for SNSO Agency Christmas Luncheon $1,155.00
P166026-Encumbered MOCIC-VISA Low Light-Long Range Pole Camera Systems (2) $6,000.00
P166026-Encumbered Internet Video & Imaging-VISA NVR Professional Plus Viewing Software-2 Camera System $600.00
P166026-Encumbered Heritage Tractor-VISA Parts & Oil for Mower at the Range $273.58
P165406-Encumbered Cabela's-VISA Leupold Digital Laser Range Finders with DNA (3) $919.92
P165395-Encumbered Shawnee Mission Ford (1) Ford Mini Van & {1) Ford Explorer $49,982.00
P165329 1/29/16 Ed Bozarth Chevrolet 2016 Chevrolet Traverse-Unit 254 $25,201.00
P165329 1/29/16 Ed Bozarth Chevrolet 2016 Chevrolet Equinox-Unit 255 $21,973.00
JE00006423 12/31/15 Shawnee County Refuse Department Trash Service for the Range-December 2015 $25.00
TOTAL $0.00 $129,641.4S
ENDING BALANCE $371,977.70 --- -------
Memorandum
DATE: March 24, 2016
To: Board of County Commissioners
From: Pat Oblander, Information Technology Director
Shawnee County
Information Technology Room 205, Courthouse
200 SE 7th Street
Topeka, Kansas 66603-3933
RE: Renew the Annual maintenance with MVP System Software.
The Information Technology department is seeking approval to renew the annual maintenance agreement with MVP System Software for JAMS Small Business Edition job scheduling software. This software is used to automate and schedule up to 250 daily software tasks or batch processes (SQL Server backups, report generations, installations of update packages, etc.).
Funding to support this issue, $3,500; is included in the Information Technology 2016 budget.
JAMSM Includes all new releases of the software as well as 24/7
technical support
Dates of coverage: 20 May 2016- 19 May 2017
MVP SYSTEMS SOFTWARE
Wire Instructions:
Account# 385003759183 C/o MVP Systems Software, Inc. Routing Number (ACH) - 011900571 SWIFT Code (international)- BOFAUS3N Bank of America, 781 Farmington Avenue, Farmington, CT 06032 Tel: 860-284-1222
:iHA VVNEE COUNTY CONTRACT #.C$5 '""#9\~
Date: 21 March 2016 Invoice # 14913
20 May 2016
$3,500.00
Payment due by R('!_newaiQat£! .....
Subtotal
Total Due
E-Delivery
I Q f I
19 May 2016
$3,500.00
$3,500.00
$3,500.00
Make all checks payable to MVP Systems Software, Inc.
Thank you for your business!
Please remit payment to:
MVP Systems Software, Inc. 2 Forest Park Drive
Farmington, CT 06032 Tel: 800 261 5267
Federal Tax ID: 26-2615638
KANSAS DISTRICT COURT STEPHANIE A THEEL Director
MEMO
Shawnee County Courthouse · Department of Court Technology
200 SE 7th Street, Suite 305 Topeka, Kansas 66603-3922
Please present the attached proposal to the Board of County Commissioners for their consent and approval to purchase an additional licenses for the Court's backup software in the amount of $651.00.
Monies have been budgeted for the contract in the 2016 budget.
Thank you for your consideration in this matter.
Approved: ~ . Charles Hydov· Administrator
(J eagle SHAWtJEE
CONTRACT
Prepared For: Quote Information:
Name: Rex Easton Company: Third Judicial District Court of Kansas Address: Suite 305 200 SE 7th
File Protection, Server Class client pack - $396.00 1 $396.00
1 common client instance to support backup and restore of a physical or a virtual host File System. The common File System Server-class client supports all10.0 FS clients, including the data classifcation scanning features, as noted in BOL. (Sold per client)
1 Desktop Protection Client pack, for Windows-Desktop OS versions only. This includes the FS-iDA and the SRM-W agent. Purchase MA-ADO/Deduplication disk separately. (Sold per client)
CommVault Level1 Support and Maintenance; 12 months $147.00 1 $147.00
CommVault Software Subtotal $651.00
Total $651.00
Terms and Conditions: Pricing is valid for 30 days from the date of the quotation. Taxes will be added in accordance with state law. Shipping and Handling charges (FOB shipping point), freight charges, shipping insurance and administration fees may apply. All goods are Net 30 from ship date. Services are Net 30 from completion date. Pricing and availability are subject to change without notice. Purchaser acknowledges that, despite the best efforts and reasonable precautions of Eagle Technologies, products or services may be listed at an incorrect price or with incorrect information due to a typographical error or oversight. In such circumstances, Eagle Technologies reserves the right, prior to delivery, to cancel the transaction even though Purchaser acceptance may have been confirmed. All products are non-returnable unless otherwise provided by the Manufacturer's Return Policy. Purchaser also agrees that this transaction will be governed by the Manufacturer's Terms and Conditions of Sale if any.
To: Hydovitz, Charles; Rezac, Jane Subject: Saturday April 23, 2016
The Washburn Law School Trial Advocacy class I teach would like to use the courthouse on Saturday, April 23, for our final mock trials.
We'll try to start around 8 AM and should be done around 3:30PM. Typically the only individuals present are the law students. Occasionally a parent or two shows up to see if they're getting their moneys worth.
We'd need four courtrooms for the exercise.
Please let me know if you need more information.
C.. WtlltC! VVt OSSVVtCI V\..V'v
C. William Ossmann O.istrict Court Judge- Div. 9 Kansas Third Judicial District 200 E. 7th Street Rm 311 Topeka, KS 66603-3922 785-251-4357 FAX 785-291-4917
1
·· Shawnee£ounty- -
: l' l : 5
Office of County Clerk CYNTHIA A. BECK
785-251-4155 Fax 785-251-4912 200 SE 71
h Street Room 107 www.snco.us Topeka, Kansas 66603-3963
MEMORANDUM TO:
FROM:
RE:
DATE:
Board of Coun~X ~~ssioners
Cynthia A. ~~C~unty Clerk
Litigation
March 28, 2016
Please acknowledge receipt of Summons for the following cases in the District Court of Shawnee County, Kansas:
CASE NO: 2016CV217 Wells Fargo Bank, County Commissioners of Shawnee County, Branch Banking and Trust Company vs. Shawnee County, Kansas et. al.
National Association vs. Board of Kansas et. al., CASE NO: 2016CV218 Board of County Commissioners of
which were received in the office of the Shawnee County Clerk and forwarded to the County Counselor on this date.
Attachment
Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 (314) 991-0255 (314) 567-8006 K&M File Code:PEPRONOR
SHP..WNEE COUNTY CLERK IV.' dS CJ.rf'\ U1.
IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS
Wells Fargo Bank, National Association, Plaintiff,
vs.
Case No. ~0 \(c -C V -(XI ·1
The Board of County Commissioners of the County of Shawnee, Kansas Serve at: 200 E 7th Street, Room 1 07 Topeka, KS 66603
Defendant.
Pursuant to K.SA Chapter 60
SUMMONS
TO THE ABOVE-NAMED DEFENDANT: You are hereby notified that an action has been commenced against you in this Court. You are
required to file y,our answer to the Petition with the Court and to serve a copy upon the Plaintiff's attorney as follows: Kozeny & McCubbin; L.C. (St. Louis Office) at 12400 Olive Blvd., Suite 555, St. Louis, MO 63141 within twenty-one (21) days after service of summons upon you. If you fail to do so, judgment by default will be taken against you for' the relief demanded in the attached Petition, which is incorporated herein by reference. Any responsive pleading you file may state as a counterclaim any related claim that you may have against Plaintiff.
(Seal)
Dated:
STATE OF KANSAS, Shawnee COUNTY, ss.
------------' by delivering to-------------' at -----------'at _.M. in the County of , State of
Kansas. Personal Service;
___ Residential Service;
llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll * K M 1 0 4 o 9 5 1 8 K M *
-··fawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:PEPRONOR
IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS
ZDib MAR - q p 4.: 41:
Wells Fargo Bank, National Association, Plaintiff,
Case No. d_C; I !a -c. U- ;:L I 7 f. .
t Div.No. __ _
vs.
Roger A Pepper Serve at: 4438 NW 53rd Ter Topeka, KS 66618
Gwen R Pepper NKA Gwen Bryan Serve at: 5208 NW 44th St Topeka, KS 66618
The Board of County Commissioners of the County of Shawnee, Kansas Serve at: 200 E 7th Street, Room 1 07 Topeka, KS 66603
Defendant.
Pursuant to K.S.A. Chapter 60
TO THE ABOVE-NAMED DEFENDANT:
SUMMONS
You are hereby notified that an action has been commenced against you in this Court. You are required to file your answer to the Petition with the Court and to serve a copy upon the Plaintiffs attorney as follows: Kozeny & McCubbin, L.C. (St. Louis Office) at 12400 Olive Blvd., Suite 555, St. Louis, MO 63141 within twenty-one (21) days after service of summons upon you. If you fail to do so, judgment by default will be taken against you for the relief demanded in the attached Petition, which is incorporated herein by reference. Any responsive pleading you file may state' as a counterclaim any related claim that you may have against Plaintiff.
(Seal)
Dated~rc_h \ Y. ~Dlb \
~ STATE OF KANSAS, Shawnee COUNTY, ss. -<:f
I hereby certify that on the __ day of , 2016, I served 1$: attached Summons, together with a copy of the Petition, upon the Defendantlrespo;:.,_:;:z_ .... u
------------' by delivering to-------------' at -----------'at _.M. in the County of , State of Kansas. ___ Personal Service;
___ Residential Service;
llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll * K M 1 0 4 6 7 3 1 9 K M *
_ _.m:Scharenborg, KS#24542 ·· ,Qt!Chael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:AIKMIBBT
ZTilb MAR - C1 P l+: l+ 8
IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS
Branch Banking and Trust Company, Plaintiff,
vs.
Michael A. Aikman Serve at: 3932 SW 38th Ln Topeka, KS 6661 0
Unknown Spouse of Michael E. Aikman Serve at: 3932 SW 38th Ln Topeka, KS 66610
Please place on the agenda for consideration the Resolution and accompanying documents related to issuing a 2016 Cereal Malt Beverage License to J.J. & J. Incorporated dba GreatLife Safari located at 7523 SW 21st Street including Sunday Sales.
This application has been reviewed by the Counselor's Office. There are no delinquent taxes owing on this property. The Kansas Bureau of Investigation and Township have been notified. A health inspection has been performed.
Thank you for this consideration.
Attachments
RESOLUTION NO. aot\a-=tV
WHEREAS, the Township Board, having b-een given notlcepursuant to KS.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 2016.
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 2016.
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:
J.J. & J. Incorporated dba GreatLife Safari
7523 SW 21st 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 _____ , 2016 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
CORPORATE APPLICATION FOR LICENSE TO SELL CEREAL MALT BEVERAGES (This form has been prepared by the Attorney-General's Office) -
~City orJ{county of 5~-t.{._ !il 111~1! ~~-l~t
!SECTION· 1 -LICENSE lYpE ·- •;; .. :<. :0. <<·'"
-··-·-
: ·. · .. _-.
Check One~ [8] New License 0 Renew License 0 Special Event Permit
Check One: [8] License to sell cereal malt beverages for consumption on the premises. 0 License to sell cereal malt beverages in original and unopened containers and not for consumption on the licensed premises.
Name of Corporation Principal Place of Business J. J. & J. Inc. Corporation Street Address Corporation City I State I Zip Code 903 SW 29th St Topeka Ks 66605 Date of Incorporation Articles of Incorporation are on file with the I §Yes 0 No 02-15-1985 ~ecretary of State. Resider.! Agent Name Phor;e !\Jo. Rick Farrant 785-640-2896 Residence Street Address City I State J Zip Code 2321 NW 44th St Topeka Ks 66618
•SECTION-_ 3- LICENSED PREMJSE -~- :' ) .. ·. :
-. : -
Licensed Premise Mailing Address (Business Location or Location of Special Event) (If different from business address)
DBA Name Name Greatlife Safari Business Location Address Address 75235W21stSt City State Zip City State Zip Topeka Ks 66615 ..
Business Phone No. --- . ·~ - 0 Applicant owns the proposed business location . 785-478-3806 ~ Applicant does not own the proposed business location. Business Location Owner Name(s) Rich Coffman
SECTION 4,·-:OffiCERs;·utRECl'OBS.;$TOCKHOLDER$'9WNlNG25:~o :oR/MORE-OF STOCK Ust each person and their spouse; if applicable .. Attach addruonalpe~ges if n~cessary: ' ·. < -.
Name Position Date of Birth Rick Farrant President 12/19/1960 Residence Street Address i City 2321 NW 44th St Topeka Spouse Name L!nda Farrant Residence Street Address 2321 NW 44th St
Residence Street Address i City I State Zip Code I
Spouse Name I Position Date of Birth I
Residence Street Address I City j State Zip Code
Name
I Position Date of Birth
· Residence Street Address I City I State Zip Code I
Spouse Name Position Date of Birth
Residence Street Address City I State Zip Code
Name Position Date of Birth
Residence Street Address City j State Zip Code
Spouse Name I Position Date of Birth I
Residence Street Address City [ State Zip Code
Name I Position Date of Birth I
Residence Street Address
I City I State Zip Code
Spouse Name Position Date of Birth
Residence Street Address City I State Zip Code
Name Position Date of Birth
Residence Street Address City I State Zip Code
Spouse Name Position Date of Birth
Residence Street Address City I State Zip Code
Name Position Date of Birth
Residence Street Address City I State Zip Code
Spouse Name Position Date of Birth
Residence Street Address I City I State Zip Code
Name l Position Date of Birth
Residence Street Address City I State Zip Code
Spouse Name I
Position Date of Birth
Residence Street Address City I State Zip Code
Name Position Date of Birth
Residence Street Address City _I State Zip Code
Spouse Name I Position Date of Birth
i Residence Street Address I City I State Zip Code
Page 2 of 3
AG CMB Corporate Application (Rev. 07.08.2013)
SECTION .. 5.~ MANAGER'OR.AGENT·INFORMATION ---20~- .·•·· ' <-· .: .•••••. _ 2·"·--·--- ·~-~ . ...... ,c ...... - .-•.. : •.••. - --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 I
Phone No. I Date of Birth
Residence Street Address I
City Zip Code
Manager or Agent Spousal Information Spouse Name Phone No. Date of Birth
Within two years immediately preceding the date of this application, have any of the individuals identified in Sections 4 & 5 have been convicted of, released from incarceration for or released from probation or parole fm any of the following crime:;:
DYes ~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 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 ~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 Sections 4 & 5 are at least 21 years of age 1. ~Yes 0 No
SECTION s•~.'DURATION ()f:SPECIALEVENT ·' ·>· .::··:.: ... ... Start Date Time
DAM 0 PM
End Date Time DAM D PM
I declare under penalty of perjury under the laws of the State of Kansas that the foregoing is true and correct and that I am authorized by the corporation to complete this application. (K.S.A. 53-601)
FOR CITY/COUNTY OFFICE USE ONLY:
0 License Fee Received Amount $ Date --..,..-----,... ($25- $50 for Off-Premise license or $25-200 for On-Premise license)
0 $25 CMB Stamp Fee Received Date ____ _
0 Background Investigation 0 Completed Date 0 Qualified 0 Disqualified
0 New License Approved Valid From Date _____ to _____ By: ____ _
0 License Renewed Valid From Date to By: ____ _
0 Special Event Permit Approved Valid 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 QUARTERLY REPORT (ABC-307) TO THE ALCOHOLIC BEVERAGE CONTROL, 915 SW HARRISON STREET ROOM 214, TOPEKA, KS. 66625-3512.
1 Spouse not required to be over 21 years of age. K.SA 41-2703(b)(9)
APPLICATION APPR~VED THIS day of , 2016 By Chair - Board of County Commissioners
Page 3 of 3 of Shawnee County, Kansas
AG CMB Corporate Application (Rev. 07.08.2013)
AFFIDAVIT FOR SUNDAY SALES ON PREMISES
STATE OF KANSAS, COUNTY OF SHAWNEE, SS.
I (11 K--~cJ\ e. . , the applicant in the application to which thi 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.
/;J'J
/,/// /d~1 '_( ~~~~------~~~--~--~
(Signature and official p
SUBSCRIBED AND SWORN TO before me this _2_ day of /J1a ( cJA , 2016.
/// ~ W/l :
My commission expires on the __j_}]_ day of __ q.__ __ ~, 20J3
A • NOTARY PUBLIC, State of Kansas ~ ~ LORETTA M. RAHE , * *******
.___ __ M~_· A--ppt. Exp _q -1_:-19
APPLICATION APPROVED this ___ day of-----·' 2016.
By _______________________ _ (Official position)
of Shawnee County, Kansas.
KEEP THIS LICENSE POSTED CONSPICUOUSLY AT ALL TIMES
Fee, $525.00 RETAIL No. 2016-11
DEALERS 2016 LICENSE
CEREAL MALT BEVERAGES
TO ALL WHOM IT MAY CONCERN:
License is hereby granted to J.J. & .J. Incorporated dba GreatLife Safari for consumption on the premises and Sunday Sales located at 7523 SW 21st Street, Topeka, Kansas in the Township ofMission 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 osaid Township, as provided by the Laws of Kansas, and the regulations of the Brnrd of County Commissioners.
This license will expire December 31, 2016, 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 , 2016
Attest:---------------Cynthia A. Beck Shawnee County Clerk
Michele A. Buhler Chair
Common/deb/cmb/cmb license for consumption on premises. doc
Date:
To:
From:
Re:
March 21, 2016
Shawnee County
Department of Public Works 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867
785-251-6101 FAX 785-251-4920
THOMAS C. VLACH, P.E. DIRECTOR OF PUBLIC WORKS
COUNTY ENGINEER
MEMORANDUM
Board of County Commissioners '}J~
Thomas F. Flanagan, P.E. ~~ }. ;;<f IVI.I(,;CS~ Deputy Director of Public Works /
AGREEMENT No. 67-16 with Kansas Department of Transportation Frontage Road Transfer: The Frontage Road located North ofl-70, between NW Docking Road and NW Valencia Road SNCO Project No. S-841002.00
Presented for your consideration and approval is an agreement between the Secretary of Transportation, Kansas Department ofTransportation (KDOT) and Shawnee County, Kansas (County). KDOT desires to remove a frontage road (North ofl-70 between NW Docking Road and NW Valencia Road) from KDOT's current ownership and maintenance responsibilities and transfer same to Shawnee County no later than December 31, 2017. In exchange for Shawnee County accepting ownership and maintenance responsibility for this frontage road, KDOT agrees to reimburse the County for its costs to repair the frontage road in an amount not to exceed $231,500.00. Any repairs cost in excess of$231,500.00 will be the responsibility of Shawnee County.
It is the recommendation of the Shawnee County Department of Public Works that this Agreement is approved and executed.
FRONTAGE ROAD TRANSFER SHAWNEE COUTNY, KANSAS
AGREEMENT
Agreement No. 67-16
:iHAVv UE.E COUNT'Y CONTRACT #.C;l:J-g.ctlp
THIS AGREEMENT is between the Secretary of Transportation for the State of Kansas, Kansas Department of Transportation (KDOT) (the "Secretary") and Shawnee County, Kansas ("County"), collectively referred to as the "Parties."
RECITALS:
A. The Secretary desires to remove a Frontage Road from the Secretary's current maintenance responsibilities, as further described herein, to transfer the same to the County.
B. The County agrees to take over all ownership and maintenance responsibilities for the Frontage Road.
C. As part of the transfer, the Secretary will reimburse the County for repairs and improvements made to the frontage road to be transferred.
NOW, THEREFORE, in consideration of the premises, the Parties agree as follows:
ARTICLE I
DEFINITIONS: The following terms as used in this Agreement have the designated meanings:
1. "Agreement" means this written document, including all attachments and exhibits, evidencing the legally binding terms and conditions of the agreement between the Parties.
2. "County" means the County of Shawnee, with its principal place of business located at 1515 N.W. Saline Street, Suite 200, Topeka, KS 66618-2844.
3. "KDOT" means the Kansas Department of Transportation, an agency of the state of Kansas, with its principal place of business located at 700 SW Harrison Street, Topeka, KS 66603-3745.
4. "Local Route Condition" means the condition of the route (roads and bridges) needed to maintain local traffic as determined by the County.
5. "Transferred Route" means a county road, previously maintained by the Secretary, which is to be transferred to the County being: the frontage road located North of 1-70, between NW Docking Road and NW Valencia Road, in Shawnee County, Kansas, and is the subject of this agreement
6. "Parties" means the Secretary of Transportation and KDOT, individually and collectively, and the County.
1
Agreement No. 67-16
7. "Secretary" means Michael S. King, in his official capacity as Secretary of Transportation of the state ofKansas, and his successors.
ARTICLE II
COUNTY RESPONSIBILITIES:
1. Transfer of Ownership. The County agrees to assume ownership and all road maintenance responsibilities for the Transferred Route following the effective date of the transfer as specified herein.
2. Route Conditions. The County acknowledges and agrees the Transferred Route will meet Local Route Conditions following completion of the following repair action:
Repair and Resurfacing of the road, up to and including 2" Hot Mix Asphalt overlay, patching and/or reconstruction of existing pavement, and pavement striping, to occur no later than December 31,2017.
Any repair action to be accomplished following transfer to the County will be identified in D.O.T. Form No. 375 "Transferring Route Maintenance."
3. Cost of Repairs. The County agrees to be responsible for one hundred percent (100%) of the total actual costs of repairs that exceed $231,500.00 for the Transferred Route.
4. Assumption of Liabilitv. From and after the effective date of the transfer, the County will assume all legal responsibility for the Transferred Route.
5. General Indemnification. To the extent permitted by law and subject to the maximum liability provisions of the Kansas Tort Claims Act, the County shall defend, indemnify, hold harmless, and save the Secretary and his authorized representatives from any and all costs, liabilities, expenses, suits, judgments, damages to persons or property or claims of any nature whatsoever arising out of or in connection with the provisions or performance of this Agreement by the County, the County's agents, employees, or subcontractors. The County shall not be required to defend, indemnify, hold harmless, and save the Secretary for negligent acts or omissions of the Secretary or his authorized representatives or employees.
ARTICLE III
SECRETARY RESPONSIBILITIES:
1. Intent to Transfer. The Secretary intends to remove the Transferred Route from the State Highway System in exchange for the County accepting ownership and maintenance of the same as a County street.
2
Agreement No. 67-16
2. Payment of Costs. As part of the transfer, the Secretary will reimburse the County for repairs describe above in Article II, paragraph 2, but not to exceed $231,500.00 for the repairs. The Secretary shall not be responsible for the total costs of repairs that exceed $231,500.00.
3. Effective Date of Ownership Transfer. The Secretary will provide the County with written notice of the effective date of transfer through issuance ofD.O.T. Form No. 375 "Transferring Route Maintenance," fourteen (14) days in advance of the date and time designated for the transfer.
4. Deed Recordation. Within one year of the date of transfer, KDOT's Bureau of Right of Way will record a quitclaim deed in favor of the County at the County Register of Deeds Office transferring ownership to the County of the right of way to which the Secretary no longer has any interest. A copy of the executed deed will be forwarded to the KDOT District Engineer.
ARTICLE IV
GENERAL PROVISIONS:
1. Formal Resolution. The Secretary will execute a resolution to remove or withdraw the Transferred Route from the State Highway System, which upon its execution will be incorporated into and made a part of this Agreement without written amendment.
2. Civil Rights Act. The "Special Attachment No. 1," pertaining to the implementation of the Civil Rights Act of 1964, is attached and made a part of this Agreement.
3. Contractual Provisions. The provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12) which is attached hereto, are hereby incorporated into this Agreement and made a part thereof.
4. Headings. All headings in this Agreement have been included for convenience of reference only and are not be deemed to control or affect the meaning or construction or the provisions herein.
6. Binding Agreement. This Agreement and all contracts entered into under the provisions of this Agreement shall be binding upon Secretary and County and their successors in office.
7. No Third Party Beneficiaries. No third party beneficiaries are intended to be created by this Agreement and nothing in this Agreement authorizes third parties to maintain a suit for damages pursuant to the terms or provisions of this Agreement.
The signature page immediately follows this paragraph.
3
Agreement No. 67-16
IN WITNESS WHEREOF the Parties have caused this Agreement to be signed by their duly authorized officers as of the date first above written.
ATTEST:
County Clerk
(SEAL)
SHAWNEE COUNTY, KANSAS
Chairperson
Member
Member
KANSAS DEPARTMENT OF TRANSPORTATION Michael S. King, Secretary of Transportation
By: ____________ _
4
Jerome T. Younger, P.E. (Date) Deputy Secretary and State Transportation Engineer
Ap.proved as to Legality · and Form: Date J-t f./ L
"~.:rprc<lc~tL~Ff
Special Attachment No. 1 Page 1 of2
KANSAS DEPARTMENT OF TRANSPORTATION
Special Attachment To Contracts or Agreements Entered Into
By the Secretary of Transportation of the State of Kansas
NOTE: Whenever this Special Attachment conflicts with provisions of the Document to which it is attached, this Special Attachment shall govern.
THE CIVIL RIGHTS ACT OF 1964, and any amendments thereto, REHABILITATION ACT OF 1973, and any amendments thereto,
AMERICANS WITH DISABILITIES ACT OF 1990, and any amendments thereto, AGE DIS,CRIMINATION ACT OF 1975, and any amendments thereto,
EXECUTIVE ORDER 12898, FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW INCOME POPULATIONS 1994, and any amendments thereto,
49 C.P.R. Part 26.1 (DBE Program), and any amendments thereto
NOTIFICATION
The Secretary of Transportation for the State of Kansas, in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat. 252), §504 of the Rehabilitation Act of 1973 (87 Stat. 355) and the Americans with Disabilities Act of 1990 (42 USC 12101), the Age Discrimination Act of 1975 (42 USC 6101), the regulations of the U.S. Department of Transportation (49 C.P.R., Part 21, 23, and 27), issued pursuant to such Act, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations (1994), and the DBE Program (49 C.P.R., Part 26.1), hereby notifies all contracting parties that, the contracting parties will affirmatively ensure that this contract will be implemented without discrimination on the grounds of race, religion, color, gender, age, disability, national origin, or minority populations and low income populations as more specifically set out in the following ''Nondiscrimination Clauses".
CLARIFICATION
Where the term "Consultant" appears in the following ''Nondiscrimination Clauses", the term "Consultant" is understood to include all parties to contracts or agreements with the Secretary of Transportation of the State of Kansas.
Nondiscrimination Clauses
During the performance of this contract, the Consultant, or the Consultant's assignees and successors in interest (hereinafter referred to as the "Consultant"), agrees as follows:
1) Compliance with regulations: The Consultant will comply with the regulations of the U.S. Department of Transportation relating to nondiscrimination in its federally-assisted programs and codified at Title 49, Code of Federal Regulations, Parts 21, 23 and 27, (hereinafter referred to as the "Regulations"). The Regulations are herein incorporated by reference and made a part of this contract.
2) Nondiscrimination: The Consultant, with regard to the work performed by the Consultant after award and prior to the completion of the contract work, will not discriminate on the grounds of race, religion, color, gender, age, disability, national origin or minority populations and low income populations in the selection and retention of subcontractors, including in the procurements of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
3) Solicitations for Subcontractors, including Procurements of Material and Equipment: In all solicitations, either competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract including procurements of materials and equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligation under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, gender, age, disability, national origin or minority populations and low income populations.
(Revised 9/29/11)
Special Attachment No. 1 Page2 of2
4) Information and Reports: The Consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and the Secretary of the Transportation of the State of Kansas will be permitted access to the Consultant's books, records, accounts, other sources of information, and facilities as may be determined by the Secretary of Transportation of the State of Kansas to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Secretary of Transportation of the State of Kansas and shall set forth what efforts it has made to obtain the information.
5) Employment: The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, gender, age, disability, or national origin.
6) Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Secretary of Transportation of the State of Kansas shall impose such contract sanctions as the Secretary of Transportation of the State ofKansas may determine to be appropriate, including, but not limited to,
(a) withholding of payments to the Consultant under the contract until the Consultant complies, and/or
(b) cancellation, termination or suspension ofthe contract, in whole or in part.
7) Disadvantaged Business Obligation
(a) Disadvantaged Business as defined in the Regulations shall have a level playing field to compete for contracts financed in whole or in part with federal funds under this contract.
(b) All necessary and reasonable steps shall be taken in accordance with the Regulations to ensure that Disadvantaged Businesses have equal opportunity to compete for and perform contracts. No person(s) shall be discriminated against on the basis of race, color, gender, or national origin in the award and performance of federally-assisted contracts.
(c) The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 C.P.R. Part 26 in the award and administration of Federally-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate.
8) Executive Order 12898
(a) To the extent permitted by existing law, and whenever practical and appropriate, all necessary and reasonable steps shall be taken in accordance with Executive Order 12898 to collect, maintain, and analyze information on the race, color, national origin and income level of persons affected by programs, policies and activities ofthe Secretary of Transportation of the State of Kansas and use such information in complying with Executive Order 12898.
9) Incorporation of Provisions: The Consultant will include the provisions of paragraphs (1) through (8) in every subcontract, including procurements of materials and equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Secretary of Transportation of the State of Kansas may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, however, that, in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the State to enter into such litigation to protect the interests ofthe State.
(Revised 9/29/11)
State of Kansas Department of Administration DA-146a (Rev. 06-12)
Important:
CONTRACTUAL PROVISIONS ATTACHMENT
This form contains mandatory contract provisions and must be attached to or incorporated in all collies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision:
"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12), which is attached hereto, are hereby incorporated in this contract and made a part thereof."
The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the __ day of , 20 __ .
1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.
2. Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.
3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges-hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.
4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 ID§illL.).
5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 .§! §illL.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 .§! §illL.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 .§! §illL.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer''; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.
Contractor agrees to comply with all applicable state and federal anti-discrimination laws.
The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency.
6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.
7. Arbitration. Damages. Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
8. Representative's Authority To Contract: By signing this contract, the representative of the contractor'thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof. ·
9. Responsibility For Taxes: The State of Kansas and its agencies shall not be respons ble for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.
10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 .§! ~). the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.
11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuantto K.S.A. 46-1101 lll~·
12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."
13. Campaign Contributions I Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.
~ Shawnee County :A,
Department of Public Works 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867
785-251-6101 FAX 785-251-4920
THOMAS C. VLACH, P.E. DIRECTOR OF PUBLIC WORKS
COUNTY ENGINEER
MEMORANDUM
Date: March 18, 2016
To: Board of County Commissioners
From: Thomas F. Flanagan, P.E. ~~ J.l h .... ..__...~ Deputy Director of Public Works _.,._,-)'
Re: AGREEMENT No. 264-15 with Kansas Department of Transportation NW Carlson Road (Willard) Bridge over the Kansas River I BSN 130 SNCO Project No. S-121015.00 KDOT Project No. 89 C-006-01
Presented for your consideration and approval is an agreement between the Secretary of Transportation, Kansas Department of Transportation (KDOT) and Shawnee County, Kansas (County) to assist the County in the reconstruction of the NW Carlson Road (Willard) Bridge over the Kansas River near the City of Willard, Kansas (the bridge).
KDOT agrees to make a contribution to the project and to reimburse the County for one-hundred percent (1 00%) of the construction costs for the project, but not to exceed eight million five hundred thousand dollars ($8,500,000.00). This amount shall be referred to as KDOT's Contribution to the project.
Agreement Terms: • The County agrees to make monthly progress payments to the contractor and receive
reimbursement from KDOT for those payments on a monthly basis. • The County agrees to commit and pay to the Secretary an annual amount equal to eight
hundred and fifty thousand ($850,000.00) as reimbursement of costs previously paid by the Secretary.
• Annual payments to the Secretary will commence on March 15111, 2018.
• Payments will continue until the County has paid to the Secretary and an amount equal to KDOT's Contribution for the Project.
It is the recommendation of the Shawnee County Department of Public Works that this Agreement is approved and executed.
PROJECT NO. 89 C-0066-01 WILLARD BRIDGE SHAWNEE COUNTY, KANSAS
AGREEMENT
Agreement No. 264-15
5HAVlli!E:E COUNT'Y CONTRACT # rTf,..Olo l ~
This Agreement is between MICHAEL S. KING~ Secreta1·y of Transportation, Kansas Department of Transportation (K.DOT) (the "Secretary"), and Shawnee County~ Kansas ("County"), collectively, the "Parties."
RECITALS:
A. The Secretary and tl1e County are empowered by the laws of Kansas to enter into agreements for the construction and maintenance of county roads and bridges
B. The County desires to construct a bridge replacement project, as further described in this Agreement and the Sec1·etary desires to provide financing for the project in the County ..
C. Counties are, under certain circumstances, entitled to receive assistance in the financing of the construction and reconstmction of roads, bridges and state highways, provided however, in order to be eligible for state aid, such work is required to be done in accordance with the laws of Kansas.
,1
NOW THEREFORE, in consideration of these premises and the mutual covenants set fortliherein, the Parties agree to the following terms and provisions.
ARTICLE I
DEFINITIONS: The following tenus as used in this Agreement have the designated meanings:
1. ''Agreement" means this w1itten document, including all attachments and exhibits, evidencing the legally binding tenns and conditions of the agreement between the Parties.
2. "Construction~~ means the work done on the Project, consisting of building, altering, repairing, improving or demolishing any structure, building or highway; any drainage, dredging, excavation, grading or similar work upon real property.
3. "Contractor" means the entity awarded the Design or Constmction contJict for the Project and any subcontractors working for the Contractor with respect to the Project.
4. "County" means the County of Shawnee, Kansas, with its place of business at 1515 N.W. Saline Street, Suite 200, Topeka, KS 66618-2844
5. "Design Plans" means design plans, specifications, estimates, surveys, and any necessary studies or investigations, including, but not limited to, environmental, hydr~utic, and geological investigations or studies necessary for the Project.
Page 1 of6
J\greement}{o.264-15
6. "Effective Date" means the date this J\greement is signed by the Secretary or the Secretaris designee.
7. "Frontage Road" means the frontage road located, North of 1-70, between NW Docking Road and SW Valencia Road, in Shawnee County, Kansas.
8. "Installment Schedule" means the schedule of annual reimbursement payments the County is required to pay to the Secretary, as set forth in J\rticle III, paragraph lO(c) of this Agreement.
9. "KDOT" means the Kansas Department of Transportation, an agency of the state of Kansas, with its principal place ofbusiness located at 700 SW Harrison Street, Topeka, KS, 66603-3745.
10. "KDOT's Contribution" means the total dollar amount which KDOT contributes to the Project, which amotmt shall not exceed eight million five hundred thousand dollars ($8,500,000.00).
11. "Pa1·ticipating Costs" means expenditures for items or services which are an integral prut of highway, bridge and road construction projects, as reasonably dete11nined by the Secretary.
12. "Parties'' means the Secretary of Transportation and KDOT, individually and collectively, and the County.
13. "Project" means all phases and aspects of the constmction endeavor to be undertaken by the County, being: replacement of the NW Carlson Road Bridge (Willard Bridge) in Shawnee County, Kansas, and is the subject of this Agreement.
14. "Secretart' means Michael S. King, in his official capacity as Secretary of Transportation of the state of Kansas, and his successors.
ARTICLE II
SECRETARY RESPONSIBILITIES:
1. Payment of Costs. The Secretary agrees to reimburse the County for one hundred percent (100%) of the conshuction costs for the Project, but not to exceed eight million five hundred thousand dollars ($8,500,000.00) (hereinafter referred to as "KDOT's Contribution"), subject to the terms and conditions contained in this Agreement.
2. Progress Payments. The Secretary will assign a KDOT employee to coordinate payments to the County, which will be based on invoices received by the County from the Contractor. The Secretary agrees to make partial payments to the County for amounts not less
Page2 of6
Ag:reementNo. 264-15
than $1,000 and no more frequently than monthly. Such payments will be in amounts equal to payments due and payable (excluding any disputed or contested amounts) to the Contractor and documentation evidencing actual payment to the Contractor by · the County for previous payments received from KDOT.
ARTICLE III
COUNTY RESPONSIBILITIES:
1. Legal Authority. The County agrees to adopt all necessary ordinances and/or resolutions and to take such administrative or legal steps as may be required to give full effect to the tenus of this Agreement.
2. Design and Specifications. The County shall be responsible to make or contract to have made Design Plans for the Project.
3. Administration by County. The Cmmty shall administer the Project in accordance with the construction contract and administer the payments due the Contractor, including the portion of the cost borne by the Secretary.
4. Design and Specifications. The County shall have the Project designed in confom1ity with the appropriate design criteria for the Project in accordance with the County's established procedures, criteria, and industry standards and the latest version, as adopted by the County, of the Manual on Unified Traffic Control Devices (MUTCD), as applicable. The Design Plans must be signed and sealed by the licensed professional engineer responsible for preparation of the Design Plans. In addition, geological investigations or studies must be signed and sealed by either a licensed geologist or licensed professional engineer in accordance with K.S.A. 74-7042, who is responsible for the preparation of the geological investigations or studies.
5. Responsibility for Adequacy of Design. The County shall be responsible fot· and require any Contractor retained by it to be responsible for the adequacy and accuracy of the Design Plans for the Project. Any t·eview of these ite111s performed by the Secretary or Secretary's representatives is not intended to and shall not be construed to be an undertaking of the County's and its Contractor's duty to provide adequate and accurate Design Plans for the Project. Reviews by the Secretary are not done for the benefit of the Contractor, the County, any other political subdivision, or the traveling public. The Secretary makes no representation, or express or implied warranty, to any person or entity concerning the adequacy ot· accuracy of the Design Plans for the Project, or any other work perf01med by the Contractor or the County.
6. General Indemnification. To the extent permitted by law and subject to the maximum liability provisions of the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., as applicable, the County will defend, indemnify, hold hannless, and save the Secretary and the Secretary's authorized representatives from· any and all costs, liabilities, expenses, suits, judgments, damages to persons or property, or claims of any nature whatsoever arising out of or in connection with the provisions or performance of this Agreement by the County, the County's employees, agents, subcontractors or its consultants. The County shall not be required to defend, ·
Page 3 of6
Agreement No. 264-15
indemnify, or hold the Secretary harmless fot negligent acts or omissions of the Secretary or Secretary's authorized representatives or employees.
7. Indemnification by Contractors. The County agrees to require the Contractor to indemnify, hold harmless, and save the Secretary and the County from personal injury and property damage claims arising out of the act or omission of the Contractor, the Contractor's agent, subcontractors (at any tier), m· suppliers (at any tier). If the Secretary or the County defends a third patty's claim, the Contractor shall indemnify the Secretaq and the County for damages paid to the third party and all related expenses either the Secretary ·or the County or both incur in defending the claim.
8. Maintenance. When the Project is completed and final acceptance is issued, the County will, at its own cost and expense, maintain the Project and will make ample provision each year for such maintenance. If notified by the State Tra1,1sportation Engineer of any unsatisfactory maintenance condition, the County will begin the necessary repairs within thirty (30) days and will prosecute the work continuously until it is satisfactorily completed.
9. Ownership and Maintenance of Frontage Road. In exchange for KDOT's Contribution to the Project, the County agrees to assume ownership and all road maintenance responsibilities for the Frontage Road, defined above. Such ownership and road maintenance is transferable by the County. The details for the transfer of ownership and maintenance responsibilities for the Frontage Road will be detailed In a separate tumback agreement.
10. County's Financial Obligation.
(a) Costs. The County is responsible for one hundred percent (100%) of costs incurred for the Project, of any kind or nature.
(b) Reimbursement of Costs. The County shall commit and pay to the Secretaty an annual amount equal to eight hundred and fifty thousand ($850,000.00) as reimbursement of costs previously paid by the Secretary, in accordance with the Installment Schedule set forth below in subparagraph (i).
(i) Installment Schedule. Annual payments to the Secretary will ' commence on March 15th, 2018. Payments will continue until the County lias paid to the Secretary and an amount equal to KDOT's Contribution for the Project
11. Prior Costs Incurred. The County shall be responsible for one hundred percent (100%) of any Project costs incurred by the County for the Project prior to the funding for the Project being authorized, and approved by the Secretary.
12. Audit. The County will participate and cooperate with the Secretary in an animal audit of the Project. The County shall make its records and books available to representatives of the Secretary for audit for a period of five (5) years after date of final payment under this Agreement. If any such audits reveal payments have been made with state funds by the County
Page 4 of6
Agreement No. 264-15
for items considered Non-Participating Costs, the County shall promptly reimburse the Secretary for such items upon notification by the Secretary.
13. Accounting. Upon request by the Secretary and in order to enable the Secretary to report all costs of the Project to the legislature, the County shall provide the Secretary an accounting of all actual Non:. Participating Costs which are paid directly by the County to any party outside of the Secretary and all costs inctmed by the County not to be reimbursed by the Secretary for any major expense associated with the Project.
ARTICLE IV
GENERAL PROVISIONS:
1. Incorporation of Final Plans and Attachments. The final Design Plans, constmction contract, the agreement estimate for Consttuction Engineering (if applicable), and all essential documents of this Agreement are hereby incorporated by reference into this Agreement and are made a part of this Agreement.
2. Compliance with Fedenl and State "Laws. The County agrees to comply with all appropriate state and federal laws and regulations applicable to the Project.
3. Cash Basis and Budget Laws. Nothing in this Agreement is intended to violate the provisions of the Kansas Cash Basis Law (K.S.A. 10-1100 et seq.) and the Kansas Budget Law (K.S.A. 7925 et seq.) and at all times should be construed and interpreted so as to ensure that the County is at all times in compliance with such laws.
4. Civil Rights Act. The Special Attachment No. 1, petiaining to the implementation of the Civil Rights Act of 1964, is attached and made a part of this Agreement.
5. Contractual Provisions. The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12), which is attached hereto, are hereby incorporated in this contract and made a part hereof.
6. Headings. All headings in this Agreement have been included for convenience of reference only and are not to be deemed to control or affect the meaning or constmction Ol' the provisions herein.
7. Binding Agreement. This Agreement and all contracts entered into under the provisions of this Agreement shall be binding upon the Secretary, and the County, . and their successors in office.
8. No Third Piu·ty Beneficiaries. No third party beneficiaries are intended to be created by this Agreement and nothing in this Agreement authorizes third parties to maintain a suit for damages pursuant to the terms or provisions of this Agreement.
PageS of6
I l
Agreement No. 264-15
9. Counterparts. This Agreement may be executed at different times and in any number of counterparts, each of which, when so executed, shall be deemed to be an original, and all of which taken together shall constitute one and the same agreement.
IN WITNESS WHEREOF the Parties have caused this Agreement to be signed by their duly authorized officers as of the Effective Date.
ATTEST:
COUNTY CLERK (Date)
(SEAL)
SHAWNEE COuNTY, KANSAS
CHAIRPERSON
MEMBER
MEMBER
Kansas Department of Transportation Michael S. King, Secretary ofTranspottation
By:-------------Jerome T. Younger, P.E. (Date) Deputy Secretary and State Transportation Engineer
Page 6 of6
State of Kansas Department of Administration DA-146a (Rev. 06-12)
Important:
CONTRACTUAL PROVISIONS ATTACHMENT
This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision:
"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12), which is attached hereto, are hereby incorporated in this contract and made a part thereof."
The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the __ day of , 20 __ .
1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.
2. Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.
3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges-hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.
4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 g!.§illh).
5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 ill.§illh) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 ill.§illh) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 ill.§illh) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer''; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.
Contractor agrees to comply with all applicable state and federal anti-discrimination laws.
The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency. ·
6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.
7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclt,~de; modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.
9. Responsibility For Taxes: The State of Kansas and its agencies shall not be respons ble for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.
10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 g!.§illh), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title. ·
11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 g! §.!m.
12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."
13. Campaign Contributions I Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.
Special Attachment No. 1 Page 2 of2
4) Information and Reports: The Consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and the Secretary of the Transportation of the State of Kansas will be permitted access to the Consultant's books, records, ac.counts, other sources of information, and facilities as may be determined by the Secretary of Transportation of the State of Kansas to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Secretary of Transportation of the State of Kansas and shall set forth what efforts it has made to obtain the information.
5) Employment: The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, gender, age, disability, or national origin.
6) Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Secretary of Transportation of the State of Kansas shall impose such contract sanctions as the Secretary of Transportation of the State of Kansas may determine to be appropriate, including, but not limited to,
(a) withholding of payments to the Consultant under the contract until the Consultant complies, and/or
(b) cancellation, termination or suspension of the contract, in whole or in part.
7) Disadvantaged Business Obligation
(a) Disadvantaged Business as defined in the Regulations shall have a level playing field to compete for contracts financed in whole or in part with federal funds under this contract.
(b) All necessary and reasonable steps shall be taken in accordance with the Regulations to ensure that Disadvantaged Businesses have equal opportunity to compete for and perform contracts. No person(s) shall be discriminated against on the basis of race, color, gender, or national origin in the award and performance of federally-assisted contracts.
(c) The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 C.P.R. Part 26 in the award and administration of Federally-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate.
8) Executive Order 12898
(a) To the extent permitted by existing law, and whenever practical and appropriate, all necessary and reasonable steps shall be taken in accordance with Executive Order 12898 to collect, maintain, and analyze information on the race, color, national origin and income level of persons affected by programs, policies and activities ofthe Secretary of Transportation ofthe State of Kansas and use such information in complying with Executive Order 12898.
9) Incorporation of Provisions: The Consultant will include the provisions of paragraphs (1) through (8) in every subcontract, including procurements of materials and equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Secretary of Transportation of the State of Kansas may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, however, that, in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the State to enter into such litigation to protect the interests of the State.
(Revised 9/29111)
Special Attachment No. 1 Page 1 of2
KANSAS DEPARTMENT OF TRANSPORTATION
Special Attachment To Contracts or Agreements Entered Into
By the Secretary of Transportation ofthe State of Kansas
NOTE: Whenever this Special Attachment conflicts with provisions of the Document to which it is attached, this Special Attachment shall govern.
THE CIVIL RIGHTS ACT OF 1964, and any amendments thereto, REHABILITATION ACT OF 1973, and any amendments thereto,
AMERICANS WITH DISABILITIES ACT OF 1990, and any amendments thereto, AGE DISCRIMINATION ACT OF 1975, and any amendments thereto,
EXECUTIVE ORDER 12898, FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW INCOME POPULATIONS 1994, and any amendments thereto,
49 C.P.R. Part 26.1 (DBE Program), and any amendments thereto
NOTIFICATION
The Secretary of Transportation for the State of Kansas, in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat. 252), §504 of the Rehabilitation Act of 1973 (87 Stat. 355) and the Americans with Disabilities Act of 1990 (42 USC 12101), the Age Discrimination Act of 1975 (42 USC 6101), the regulations of the U.S. Department of Transportation (49 C.P.R., Part 21, 23, and 27), issued pursuant to such Act, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations (1994), and the DBE Program (49 C.P.R., Part 26.1), hereby notifies all contracting parties that, the contracting parties will affirmatively ensure that this contract will be implemented without discrimination on the grounds ofrace, religion, color, gender, age, disability, national origin, or minority populations and low income populations as more specifically set out in the following ''Nondiscrimination Clauses".
CLARIFICATION
Where· the term "Consultant" appears in the following ''Nondiscrimination Clauses", the term "Consultant" is understood to include all parties to contracts or agreements with the Secretary of Transportation of the State of Kansas.
Nondiscrimination Clauses
During the performance of this contract, the Consultant, or the Consultant's assignees and successors in interest (hereinafter referred to as the "Consultant"), agrees as follows:
1) Compliance with regulations: The Consultant will comply with the regulations of the U.S. Department of Transportation relating to nondiscrimination in its federally-assisted programs and codified at Title 49;Code of Federal Regulations, Parts 21, 23 and 27, (hereinafter referred to as the "Regulations"). The Regulations are herein incorporated by reference and made a part of this contract.
2) Nondiscrimination: The Consultant, with regard to the work performed by the Consultant after award and prior to the completion of the contract work, will not discriminate on the grounds of race, religion, color, gender, age, disability, national origin or minority populations and low income populations in the selection and retention of subcontractors, including in the procurements of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
3) Solicitations for Subcontractors, including Procurements of Material and Equipment: In all solicitations, either competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract including procurements of materials and equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligation under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, gender, age, disability, national origin or minority populations and low income p~pulations.
(Revised 9/29/11)
Shawnee County
Department of Corrections 501 S.E. 8th Street - Topeka, Kansas 66607
SUBJECT: Request Approval of Agreement for Inmate Tracker Software Module
I am requesting your approval of the attached agreement with New World Systems (New World) to provide an Inmate Movement Tracking Bar Coding module to the inmate management software at the Department of Corrections at a cost of $24,690.00
Effective in January 2015, the department transitioned to Aramark Correctional (Aramark) for provision of commissary services (C349-2014). As part of that agreement, Aramark agreed to fund an inmate tracking system (through bar coded armbands) in the New World software, when the department transitioned to the Microsoft Platform (MSP) version. That transition was scheduled for August 2014, but was delayed. The department is now preparing for a new "go live" date in June 2016, so this agreement is necessary to install the module into the MSP software in preparation.
All costs for this agreement will be billed to and paid by Aramark, as part of the agreement we hold with that company. The agreement has been approved by the County Counselor's office as to form and legality.
Thank you for your consideration of this request, and I will be happy to answer any questions you may have.
BC:tp
cc: Betty Greiner, Director of Audit Finance Rich Eckert, County Counselor Timothy Phelps, Deputy Director
Exhibit 1 Investment Summary
:)HAWN££ COUNTl CONTRACT ·~~- ao\~
SHAWNEE COUNTY DEPARTMENT OF CORRECTIONS, KS
February 26,2016
1. Additional New World Software for Corrections Management - Inmate Movement Tracking Bar Coding
I TOTAL SOFTWARE LICENSE FEE 5•6
PROFESSIONAL SERVICES 1. Up to 2 days of Implementation and Training Services are included for:
-Software Tailoring and Set Up - User Education and Training - Other Technical Support -Travel Time Included *Assumes train-the-trainer approach, with the exception of CAD, which is end user training
jTOTAL IMPLEMENTATION SERVICES
1. THIRD PARTY PRODUCTS AND SERVICES THIRD PARTY HARDWARE a. Hardware, System Software & Services
Inmate Tracking!IIVristband Kit (Endur I D)- 1 unit(s)
jTOTAL THIRD PARTY PRODUCTS AND SERVICES
1. TRAVEL AND LIVING EXPENSES (Estimate) Estimated 1 trip at $2,000 per trip.
ITOTAL ONE TIME COST
3,050 ea.
Shawnee County Department of Corrections, KS Investment Summary NEW WORLD PUBLIC SAFETY SOFTWARE
101B-16A2A 0226/nmate Tracldng CONFIDENTIAL AND PROPRIETARY
17,000
!1LQQQ I
2,640
$2,640 1
3,050
3,050
$3,oso 1
$2,000
~I
Page 1
-M41di§@:t;J4:1·Jiii§#·1G@i§¥ ~DESCRIPTION
2
3
4
5
6
7
1. MAINTENANCE AND SUPPORT AGREEMENT (Year 1 Cost):
Annual Maintenance and Support to begin at the Amendment Effective Date; year one cost to be prorated to run concurrently with Customer's existing Maintenance Agreement. (Includes Exhibit A ESRI Integration for the ESRI software that is part of Exhibit A Licensed Software.)
Year 1 Maintenance:
The software, services, and hardware, as applicable, that are itemi;zed above, are hereby added to your existing Agreement with us. These fees will be invoiced to you in full upon receipt of your signed quote. The terms and conditions of your Agreement will otherwise control.
Authorized Client Signatory:
Signature Date
PRICING VAUD THROUGH MAY 31, 2016. MSP ENDNOTES
$3,570
Personal Computers must meet the minimum hardware requirements for New World products. Microsoft Windows 718 or later is required for all client machines. Windows 200812012 Server and SQL Server 200812012 are required for the Application and Database Server(s).
New World product requires Microsoft Windows 2008/2012 Server and SQL Server 200812012 including required Client Access Licenses (CALs) for applicable Microsoft products. Servers must meet minimum hardware requirements provided by Tyler.
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 100/1000MB (GB) Ethernet network for the local area network. Wide area network requirements val}' based on system configuration, Tyler will provide further consultation for this environment.
Prices assume that all software is licensed.
Licensed Software, and third party software embedded therein, 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.
Customer 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.
Shawnee County Department of Corrections, KS Investment Summary NEW WORLD PUBLIC SAFETY SOFTWARE
101B-16A2A 0226/nmate Tracking CONFIDENTIAL AND PROPRIETARY Page2
March 24, 2016
TO:
FROM:
RE:
Board of Commissioners \~ Shawnee County '4--\P' John E. Knight, Dir~ Parks + Recreation o 1
Board of Commissioners approval is requested for the purchase of a Kubota work utility vehicle using the National Joint Purchasing Alliance (NJPA) purchasing contract to replace the one that was stolen.
In December of 2015, a Kubota work utility vehicle and several power tools were stolen from a locked maintenance facility at Lake Shawnee. The items were used for grounds maintenance duties at the Ted Ensley Gardens, Lake Shawnee. Total estimated loss of the items was $22,123.63.
The great majority of the value of the loss was the theft of a Kubota work utility vehicle, appraised value of $16,164. The Shawnee County Clerk's Office has filed a loss claim with the insurance provider for Shawnee County. With a total estimated loss of$22,123.63 and a $10,000 deductible the maximum amount Shawnee County will be reimbursed by the insurance company is $12,123.63. A replacement work utility vehicle purchased under the National Joint Purchasing Alliance (NJPA) purchase contract would cost $17,663.36.
Shawnee County Parks + Recreation is requesting approval for the purchase of a Kubota work utility vehicle, similar to the one that was stolen, using the NJP A purchasing contract. Funding source would be the $12,123.63 that will be provided by the insurance company with the balance of $5,539.73 from the Shawnee County capital outlay fund 34EFOO. The Audit and Finance Department is supportive of the use of this fund to cover the balance of the cost. There are sufficient funds in the capital outlay fund for this expense.
JEK/lrk TB
parks.snco "'" ' ~ 1
~ ~
~ ~
;;;. ~ . . ~, . . ..
MEMORANDUM
DATE: March 28, 2016
TO: Board of County Commissioners
FROM: Pat Oblander, Information Technology Director
RE: Rehire for Assistant Network Administrators.
Shawnee County E .1._ Information Technology
Room 205, Courthouse
200 SE 7th Street
Topeka, Kansas 66603-3933
The Information Technology Department is requesting permission to advertise and fill two open positions for Assistant Network Administrator. Funding for each position, $55,943 (including benefits), is included in the Information Technology 2016 budget.
CPO/mro
fax 785-2.91-4.907 phone 785-233-8200 ext. 4030
Shawnee County
Information Technology Ropm 205, Courthouse
200 SE 7th Street
Topeka, Kansas 66603-3933
MEMORANDUM
DATE: March 28, 2016
TO: Board of County Commissioners
FROM: Pat Oblander, Information Technology Director
RE: Annual Firewall Maintenance with Optive.
The Information Technology aepartment is requesting authorization to renew the annual firewall maintenance agreement with Optiv (formerly known as Fishnet Security) for CheckPoint Point Enterprise software subscription coverage, End Point Full Disk Encryption maintenance, CheckPoint Threat Prevention, and Advanced Care Support. Under the terms of this support Shawnee County will receive upgrades to the covered software products and phone support for all covered software and hardware.
Funding to support this issue, $43,752.90, is included in the Information Technology 2016 budget.
CPO/mro
fax 785-2.91-4.907 phone 785-233-8200 ext. 4030
OPT IV n
Date: 02/26/2016 Expiration: 03/11/2016
To: Shawnee County Info Technology Marc Price Network Administrator 200 SE 7th St. Room 214 TOPEKA, KS 66603 (785) 233-8200 marc. price@co. shawnee. ks. us
Line# Product Description
1 Check Point - Enterprise Software Subscription
2 Check Point - Nokia Essential Support
3 Standard Support - ACSP\'s
4 Check Point (ACSP) Enterprise Software Subscription & Premium Fishnet Support
5 Check Point Next Generation Threat Prevention Package for 1 year for 12200 Appliance
6 Check Point Next Generation Threat Prevention Blades Package for 1 year for 640 Appliance
7 Check Point- Next Generation Threat Extraction Package for 1 Year for 12200 Appliance
SHAWNEE COUNT'! Sales Quote
CONTRACT #.C.,9e?~\ \o
Comments
Term: 02/20/2016-02/20/2017 5/N: UC# 0005572219, 0007841598$1474 $303 credit applied from existing support contract
Remit Payment: PO Box 28216 Network Place Chicago, IL 60673·1282
Qty Customer Price Customer Extended Price
1 $6,053.25 $6,053.25
1 $7,250.25 $7,250.25
1 $72.00 $72.00
1 $7,203.00 $7,203.00
1 $2,746.50 $2,746.50
1 $107.25 $107.25
1 $4,299.75 $4,299.75
Optiv Security, the new legal name of the integrated Accuvant + Fishnet Security companies. is pleased to provide this quote for your review. Should you lwve any questions or require any assistance whatsoever, please contact your Optiv Security account manager.
'"-'
OPT IV Sales Quote
n $9,767 credit applied from existing subscription contract
8 Check Point EP FDE CONTRACT for Term: 02/20/2016- 54 $16.80 $907.20 annual blade renewal only 02/20/2017
5/N:
9 ASP AdvancedCare - 24x7x365 Support Term: 02/20/2916- 1 $15,113.70 $15,113.70 02/20/2017 5/N: UC# 0005572219, 0006492959, 0007841598
Pricing is in: USD Subtotal: $43,752.90
Estimated Shipping: $0.00
Estimated Tax: $0.00
Grand Total: $43,752.90
Sales Quote Terms and Conditions This sales quote, and the hardware, appliances, equipment, software, support, maintenance, services, and other products set forth in this sales quote, are subject to, and will be governed by, the terms and conditions available at http://www.optiv.comlagreements
Optiv Security, the new legal name of the integrated Accuvant + Fishnet Security companies. is pleased to provide this quote for your review. Should you have any questions or require any assistance whatsoever, please contact your Optiv Security account manager.
Shawnee County
Information Technology Room 205, Courthouse
200 SE 7th Street
Topek.a, Kansas 66603-3933
Memorandum
DATE:
To:
From:
RE:
March 28, 2016
Board of County Commissioners
Pat Oblander, Information Technology Director !JO/ Water Tower Antenna lease with COT. {j/
The Information Technology department is requesting approval to enter into a 3 year licensing agreement with the City of Topeka for the right to install an antenna and electronic equipment on the water tower located near the Bettis Family Sports Complex (intersection of 29th Street and Croco Road). The antenna would be used as part of a wireless connection that would be set up between the buildings at the Bettis Complex and the Shawnee County courthouse. This connection would be used for carrying network traffic between these locations that needs to be isolated from other traffic streams that are being carried by other circuits that are already in place. The wireless connection would also serve as an emergency backup in the event of temporary interruptions in service of primary connections. This agreement is a prerequisite to the purchase of the antenna and associated electronic equipment that would be required in order to complete the wireless connection.
Funding to support this issue, $1000 per year, would be paid by the Parks and Recreation department.
CPO/mro
fax 785-291-4907 phone 785-233-8200 exl 4030
SHAWNEE COUNTY CONTRACT NO. c.:\\ -d-C> \ \p
CITY OF TOPEKA CONTRACT NO. ___ _
LICENSE AGREEMENT
THIS LICENSE AGREEMENT entered into this day of
_______ , 2016, by and between the City of Topeka, a duly organized
municipal corporation hereinafter referred to as the .. City" and the Board of
Commissioners of Shawnee County, Kansas, hereinafter referred to as the "Licensee."
WHEREAS, on May 24, 1973, City was granted an easement from the Board of
Commissioners of Shawnee County, Kansas to construct, repair and maintain a water
line, water tower and associated appurtenances ("Water Tower") on property owned by
the County located at SE 29th Street and Croco Road in Topeka, Kansas, ("Property");
and
WHEREAS, on July 19, 2012, the County granted to City an easement on the
Property for communications equipment and facilities for the benefit of City and its
licensees ("Premises"); and
WHEREAS, Licensee wishes to place a wireless data communications link at the
Water Tower, including the placement of one antenna, lines and cables on the Water
Tower with an accompanying electronic equipment cabinet to be placed on the ground.
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES, MUTUAL
COVENANTS, UNDERTAKINGS AND OTHER CONSIDERATION CONTAINED
HEREIN THE PARTIES AGREE AS FOLLOWS:
1. Term. The initial term of this License shall be three (3) years commencing
on the Effective Date as defined in Section 19(a) and terminating at midnight on the last
day of the initial term (the "Initial Term") unless renewed pursuant to Section 4. The
word 11Termll refers to both the Initial Term and Renewal Term (as defined in Section 4).
2. Permitted Use. The Premises may be used by Licensee for the
transmission and reception of radio communication signals and for the construction,
installation, operation, maintenance and repair of related support facilities (such as
antennas, equipment shelters and/or cabinets) but only for the provision of what is
commonly known as a microwave data link and not for any other purpose. Licensee
shall, at its expense, comply with all present and future federal, state, and local laws,
ordinances, rules and regulations (including but not limited to Jaws and ordinances
relating to health, safety, radio frequency emissions, and radiation) in connection with
the use of (and operations, maintenance, construction and/or installations at) the
Premises.
3. License Fee. Licensee shall pay City One Thousand Dollars ($1 ,000)
annually during the Initial Term of this License which fee shall be due, without invoice,
30 days from the Effective Date. This fee will remain in effect during the Initial Term of
this License and shall be payable, without invoice, on the Effective Date of each
subsequent year. Any fee not paid within 10 days of the due date shall be assessed a
5% late fee and shall bear interest at 5% annually.
4. Renewal. Licensee shall have the right to extend this License for three (3)
additional, three-year terms (each a .. Renewal Term"). This License shall automatically
renew at the expiration of the Initial Term or Renewal Term unless Licensee notifies
City, in writing, of Licensee's intention riot to renew this License, at least sixty (60) days
prior to the expiration of the Initial Term or any Renewal Term.
5. Interference. Testing and Reservation.
(a) Licensee shall not use the Premises or Antennas, as defined in· Section
6A(a) in any way which interferes with the use of any portion of the Property by City, or
by City licensees.
(b) The Water Tower is in use and will be during the Term. If required for the
' operation, use, maintenance, repair or replacement of the Water Tower, Licensee shall,
upon prior written notice, temporarily cease or modify its operations on the Property as
directed by City, in order to protect the health, safety and welfare of workers or other
persons on the Property. In pe1rticular, Licensee shall shut down the Electronic
Equipment whenever City or its contractors, employees or agents will be working on or
near the portion of the Water Tower on which Licensee's antennas are mounted, such
as the roof or walls adjacent thereto. In addition, Licensee shall install and maintain its
Antennas in a manner which does not reduce the useful life (or increase the
maintenance or repair cost) of the Water Tower or any portion of it (for exa~ple, by
putting any additional loading on a portion of the Water Tower which would create leaks,
creating leaks in the roof where the Antennas or cables are located or reducing the
useful life of the roof of the Water Tower).
(c) Both City and Licensee shall be allowed to conduct radio frequency
emission and interference studies from time to time to determine whether Licensee's
use of the Premises, Electronic Equipment and/or Antennas will interfere with City's
licensees current or proposed use of the Premises or Property. In the event that such a
study indicates that. Licensee's use will or potentially will interfere with City's or its
licensees current or proposed use of the Property, Licensee shall have ninety (90) days
to remedy the interference to City's satisfaction. If the problem is not so remedied in
ninety (90) days, then City may require Licensee, at Licensee's full expense, to relocate
Licensee's Electronic Equipment and/or Antennas so as to remove or minimize the
interference, to the extent City deems necessary. City shall permit Licensee to place a
temporary antenna facility on City's Property or at some other location acceptable to
Licensee and City, during such relocation.
(d) City may, at its expense, perform tests as necessary to determine
compliance of the Electronic Equipment and/or Antennas located on the Property with
Federal radio frequency exposure limit rules, currently set forth at 47 C.F.R. Section
1.1310, or subsequent Federal rules as from time to time in effect.
(e) Licensee shall have an affirmative duty to comply with FCC and OSHA
exposure limit rules. Licensee shall perform tests for compliance upon request by City
and upon any significant change in the Electronic Equipment or Antennas on the
Premises. All such testing shall be performed by a qualified radio engineer, and shall
show whether and where (i) workers on the interior or exterior portions of the Water
Tower and (ii) persons outside the walled or fenced part of Equipment Enclosure portion
of the Premises (such as inside the Water Tower or elsewhere on the Property) may be.
exposed to radio frequency emissions in excess of those allowed by applicable Federal
radio frequency exposure limit rules then in effect. A copy of the test results shall be
provided to City. If such tests show noncompliance with applicable Federal radio
frequency exposure limit rules then in effect, then all of Licensee's communications
equipment on the Property shall immediately be shut down (except for work necessary
to bring it into compliance) until subsequent tests again show compliance with such
rules.
(f) Licensee shall install and maintain signs, in number, placement, language,
color, form and substance acceptable to City, warning workers or other persons on the
exterior (and applicable interior portions, . if any) of the Water Tower that for safety
reasons they should not be there unless the Electronic Equipment and Antennas have
been shut down. Among other places, such signs shall be placed at places allowing
access to roofs adjacent to the Antennas.
6A. Licensee Improvements: Utilities; Access.
(a) On the equipment enclosure portion of the Premises Licensee shall have
the right, at its expense, to erect and maintain "Electronic Equipment" meaning
improvements, personal property and facilities to operate its communications system (i)
including radio receivers, transmitters, equipment shelters and/or cabinets, related
cables and utility lines. Licensee shall, also have the right, at its expense, to erect and
maintain antennas, cables (connecting the antennas to the Electronic Equipment) and
cable trays (such antennas, cables and cable trays collectively referred to as
"Antennas") on the Property. No improvement, construction, installation or alteration
shall be commenced until a written description of the work, including location,
equipment models and frequencies is approved by the utilities department operational
contact identified in Section 11.
(b) Attachments are to be placed on ladder supports and below the top of the
railing. The intent is to retain the condition of access and safety on the Water Tower as
originally designed. Any penetrations or damage to the coating of any portion of the
Water Tower or supports are to be repaired by a qualified contractor approved by the
City at Licensee's expense. If repairs are not completed, the City will contract for
repairs and invoice the Licensee for the cost.
(c) Licensee shall not alter, replace, enhance or upgrade the Electronic
Equipment and/or Antennas without approval from the director of the City's utilities
department or designee. Such approval shall not be unreasonably withheld.
(d) Licensee shall cause all construction to occur lien-free and in compliance
with all applicable laws and ordinances. If any lien is filed against the Premises or
Property as a result of acts or omissions of Licensee or Licensee's employees, a~ents
or contractors, Licensee shall discharge the lien or bond the lien off in a manner
reasonably satisfactory to City within thirty (30) days after Licensee receives written
notice that the lien has been filed.
(e) City acknowledges that except for Licensee's non-compliance with this
License it shall not interfere with Licensee's construction on the Property including,
without limitation, attempting to direct construction personnel as to the location of or
method of installation of the Antennas and/or Electronic Equipment.
(f) Licensee, at its expense,' shall use any and all appropriate means of
restricting access to the Electronic Equipment.
(g) Licensee shall, at Licensee's expense, keep and maintain the Antennas
and Electronic Equipment now or hereafter located on the Property in commercially
reasonable condition and repair during the Term of this License, normal wear and tear
and casualty excepted. Upon termination or expiration of this License, Licensee at its
expense shall within sixty (60) days remove the Antennas and Electronic Equipment
' and then shall restore and return the Property and Water Tower to City in the same
condition as they were prior to this License including Licensee removing footings,
foundations and concrete on the equipment enclosure portion ·of the Premises to. a
depth of two feet below grade. If City requests that Licensee not remove all or a portion
of the improvements and Licensee agrees, title to the affected improvements shall
thereupon transfer to City, and thereafter the improvements shall be the sole and entire
property of City, and Licensee shall be relieved of its duty to otherwise remove same.
Any personal property, equipment or other improvements which are not removed prior
to the termination of this License shall become the property of City, at City's option.
Notwithstanding any other provision of this License, Licensee's obligation to pay fees
hereunder shall continue until Licensee has complied with this subsection (g).
(h) Licensee may utilize City's existing power meter for electric service. City
will provide a separate 20-amp 120-volt circuit for County's equipment. City does no~
warrant or guarantee the quaHty and reliability of the power source. Further, the
provision of such electrical service shall not make the City a utility or reseller. The City
will supply power up to a demand of 200 kwh per month by the Licensee. However, if
excess demand exists at the site, City may investigate usage to determine whether the
excess demand is caused by Licensee's equipment. If the excess demand is
determined to be Licensee's equipment, the Licensee shall install a separate meter and
secure power distribution from an electric utility company at Licensee's sole expense.
(i) City hereby grants Licensee the right to access (including access for the
purposes described in Section 2) sufficient to install and maintain utilities, which include,
but are not limited to, the installation of power and telephone service cable, and to
access and service the Premises and the Antennas at all times during the Initial Term of
this License and any Renewal Terrri.
G) Licensee shall have 24-hours-a-day, ?-days-a-week access to the
Premises and Antennas ("Access") at all times during the Initial Term of this License
and any Renewal Term. City and its agents shall have the right ~o examine the
Antennas and to enter the Premises at reasonable times to examine and inspect the
Electronic Equipment and the Premises; however, City, its employees or agents shall
not unreasonably impede or deny access to Licensee, its employees or agents. In the
event that City must limit or prohibit access, or otherwise require the shutting down of
Licensee's services, City shall permit Licensee to place a temporary antenna facility on
City's Property or at some other location acceptable to Licensee, at City's cost.
(k) Prior to Licensee commencing construction on the Property Licensee shall
provide City with the name of the contractor that will be constructing the improvements.
The contractor is subject to the prior written approval of City, such approval not to be
unreasonably withheld.
(I) Licensee may not place or allow the placement of any signs or graffiti on
the Premises, except for those required for emergency notification and identification, or
as required by Section 5(f), law or rule. After thirty (30) days' notice to remove, City at
any time may enter the Premises and undertake any activities necessary to abate or
remove graffiti located therein. Licensee shall reimburse City all costs incurred by City
in connection with such abatement or removal within thirty (30) days of City's presenting
Licensee with a statement of such costs.
(m) Licensee shall, at its own expense, maintain the Premises and Antennas
and all improvements, equipment and other personal property on the Property· in good
working order, condition and repair .. Licensee shall keep the Premises and Antennas
free of debris and anything of a dangerous, noxious or offensive nature or which would
create a hazard or source of undue vibration, heat, noise or interference.
(n) Licensee shall be allowed to place a temporary generator on the Premises
during the duration of power outages.
68. Use by Other Providers.
(a) Licensee may not sublicense or allow use of the Antennas or Equipment by
any other provider of wireless communication.
(b) This License does not restrict or prevent City from licensing other portions
of the Property to Other Providers, such as for their antennas or communications
facilities.
7. Termination. Except as otherwise provided herein, this License may be
terminated, without any penalty or further liability as follows:
(a) Upon thirty (30) days' written notice by City to Licensee, if Licensee fails to
cure a default for payment of amounts due under this License within that thirty (30) day
period;
(b) Immediately if within the first 180 days following the Effective Date
Licensee notifies City of unacceptable results of any title report, environmental or soil
tests prior to Licensee's installation of the Antennas on the Property;
(c) Upon twelve (12) months written notice by Licensee if despite diligent effort
by Licensee, Licensee is unable to obtain, maintain, or otherwise forfeits, cancels or has
been canceled, or allows to expire without renewing any license (including, without
limitation, an FCC license), permit or any Governmental Approval necessary for the
installation and/or operation of the Antennas and Electronic Equipment; or
(d) Upon ninety (90) days written notice by Licensee if destruction or damage
to the Antennas or Electronic Equipment substantially and adversely affects their
effective use.
(e) If the Water Tower is damaged beyond repair, destroyed, or demolished by
City.
8. Default and Right to Cure. ·
(a) Notwithstanding anything contained herein to the contrary and without
waiving any other rights granted to it at law or in equity, each Party shall have the right,
but not the obligation, to terminate this License on written notice to take effect
immediately, if the other Party (i) fails to perform any material covenant for a period of
thirty (30) days after receipt of written notice thereof to cure or (ii) commits a material
breach of this License and fails to diligently pursue such cure to its completion after
sixty (60) days' written notice to the defaulting Party.
(b) Licensee shall be in default if it (i) fails to make any payment of the annual
license fee or other sums to City when due, and does not cure such default within ten
(1 0) days after receipt of written notice from City of such failure; or (ii) abandons the
Electronic Equipment or Antennas or vacates the Premises.
(c) In the event of a default, City shall have the right, at its option, to declare
this License at an end, in which event Licensee shall immediately remove the Electronic
Equipment and Antennas and proceed as set forth in Section 6A(g) and (ii) pay City a
sum of money equal to the total of the amount of the unpaid license fee accrued through
the date of termination.
(d) No re-entry and taking of possession of the Premises by City shall be
construed as an election on City's part to terminate this License, regardless of the
extent of renovations and alterations by City, unless a written notice of such intention is
given to Licensee by City.
(e) If suit shall be brought by City for recovery of possession of the Premises,
removal of the Antennas, removal of the Electronic Equipment, for the recovery of any
fee or any other amount due under the provisions of this license, or because of the
breach of any other covenant, the Licensee shall pay to the City all expenses incurred
therefore, including reasonable attorney fees.
(f) In the event of default by Licensee, the City may at any time, after notice
given as set forth in subsection (a) above, cure the default for the account of and at the
expense of the Licensee.
9. Taxes.
Licensee shall pay any personal property tax, real property tax, franchise fee,
franchise tax, business fee, business tax or any other tax or fee which is directly or
indirectly attributable to the license, presence or installation of the Licensee's Electronic
Equipment or Antennas. City hereby grants to Licensee the right with written notice to
City to challenge, whether in a court, administrative proceeding, or other venue, on
behalf of City and/or Licensee, any personal property tax, real property tax or other fee
or assessment that may affect Licensee. If City receives notice of any personal
property or real property tax assessment against the City, which may affect Licensee
and is directly or indirectly attributable to Licensee's installation, City shall provide timely
notice of the assessment to Licensee sufficient to allow Licensee to consent to or
challenQe such assessment.
10. Insurance, Subrogation and Indemnification.
(a) Licensee shall self-insure against the risks for which Licensee is required to
insure against in this Section. The following provisions shall apply:
(1) City shall promptly .and no later than seven (7) days after notice
thereof provide Licensee with written notice of any claim, demand, lawsuit, or the
like for which it seeks coverage pursuant to this Section and provide Licensee
with copies of any demands, notices, summonses, or legal papers received in
connection with such claim, demand, lawsuit or the like;
(2) City shall not settle any such claim, demand, lawsuit, or the like
without the prior written consent of Licensee;
(3) City shall fully cooperate with Licensee in the defense of a claim,
demand, lawsuit, or the like;
(4) Licensee's self-insurance obligation for City shall not extend to
claims for punitive damages, exemplary damages, or gross negligence; and
(5) Such obligation shall not apply when the claim or liability arises
from the negligent or intentional act or omission of City, its employees, agents, or
independent contractors.
(b) Licensee shall require that each and every one of its contractors and their
subcontractors who perform work on the Premises or Property to carry, in full force and
effect, workers' compensation and commercial general liability insurance in an
aggregate amount of One Million Dollars ($1 ,000,000) with a minimum combined single
limit for each occurrence of Five Hundred Thousand Dollars ($500,000) and "All Risk"
property insurance for its property replacements costs.
(c) Any commercial general liability shall name City as an additional insured
(herein referred to as the "Additional Insured").
(d) Certificates of insurance for each insurance policy required to be obtained
by Licensee in compliance with this Section shall be filed with the City Clerk annually
during the Term of the License. City may request, and Licensee shall provide copies of
the actual insurance policies required in lieu of, or in addition to, certificates of insurance
required. Licensee shall advise City as soon as reasonably possible of any claim or
litigation that may result in liability to City or material reduction in available limits of . '
coverage under the insurance policies described above.
(e) All insurance shall be effected under valid and enforceable policies, insured
by insurers licensed to do business by the State of Kansas or (if allowed by the laws of
the State of Kansas) surplus line ·carriers on the State of Kansas Insurance
Commissioner's approved list of companies qualified to do business in the State of
Kansas. All insurance carriers and surplus line carriers shall be rated A ("A") or better
by A.M. Best Company.
(f) Once during each calendar year during the Term of this License, City may
review the insurance coverages to be carried by Licensee's contractors and their
subcontractors who perform work on the Premises or Property. If City determines that
higher limits of coverage are reasonably necessary to protect the interests of City,
Licensee shall be so notified and shall require its contractors and their subcontractors
who peliorm work on the Premises or Property to obtain the additional limits of
insurance, at their sole cost and expense, but each new limit shall not exceed the
corresponding limit set forth in (a) above escalated for inflation (computed according to
the Consumer Price Index for All Urban Consumers, All Items, All Areas, December
201 0=1 00, with November 2015 as the base point).
(g) Licensee agrees to indemnify and hold harmless the City from and against
any and all claims, damages, cost and expenses, including reasonable attorney fees, to
the extent caused by or arising out of (i) the negligent or grossly negligent acts or
omissions by the Licensee or the employees, agents, contractors, and/or licensees, of
the Licensee; (ii) a breach of any obligation of the Licensee under this License; (iii) any
and all liability, obligation, damages, penalties, claims, liens, costs, charges, l.osses and
expenses (including, without limitation, reasonable fees and expenses of attorneys,
expert witnesses and consultants), which may be imposed upon, incurred by or be
asserted against the City by reason of any act or omission of the Licensee, its
personnel, employees, agents, trustees, contractors or subcontractors, resulting in
personal injury, bodily injury, sickness, disease or death to any person· or damage to,
loss of or destruction of tangible or intangible property, or any other right of any person,
firm or corporation, which may arise out of or be in any way connected with the
construction, installation, operation, maintenance, use or condition of the Premises or
the Licensee's failure to comply with any federal, state or local statute, ordinance or
regulation. City shall not at any time be ·liable for injury or damage occurring to any
person or property from any cause whatsoever arising out of Licensee's construction,
maintenance, repair, use, operation, condition or dismantling of the Electronic
Equipment, Antennas or Premises, and Licensee hereby agrees to indemnify and hold
harmless the City against and from any claim asserted or liability imposed upon the City
for such injury or damage.
(h) Licensee undertakes and assumes for its officers, agents, affiliates,
contractors and subcontractors and employees (collectively "Licensee" for the purpose
of this subsection), all risk of dangerous conditions, if any, on or about the Property.
(i) Notwiths~anding the foregoing, indemnification under this Section 10 and
Section 13 shall not extend to indirect, special, incidental or consequential damages,
including, without limitation, loss of profits, income or business opportunities to the City
or anyone claiming through the City. Notwithstanding anything to the contrary in this
License, the Parties hereby confirm that the provisions of this SeCtion 1 O(g) through (i)
shall survive the expiration or termination of this License.
(j) In the event any action or proceeding shall be brought against the City by
reason of any matter for which the City is indemnified under Sections 10 or 13, the
Licensee shall, upon notice from the City, at the Licensee's sole cost and expense,
resist and defend the same with legal counsel mutually selected by the Licensee and
City; provided however, that the Licensee shall not admit liability in any such matter on
behalf of the City without the written consent of City and provided further that the City
shall not admit liability for, nor enter into any compromise or settlement of, any claim for
which City is indemnified hereunder, without the prior written consent of the Licensee.
11. Notices.
(a) All notices, requests, demands and other communications shall be in
writing and are effective three (3) days aft~r deposit in the U.S. mail, certified and
postage paid, or upon receipt if personally delivered or sent by next-business-day
delivery via a nationally recognized overnight courier to the addresses set forth below.
City or Licensee may from time to time designate any other address for this purpose by
providing written notice to the other Party.
If to Licensee. to:
Cynthia A. Beck Shawnee County Clerk Shawnee County Courthouse 200 SE ih, Room 107 Topeka, KS 66603
If to City, to:
Brenda Younger City Clerk 215 SE ih Street, Room 166 Topeka, KS 66603
With a copy to:
County Counselor Shawnee County Courthouse 200 SE 71
h, Room 100 Topeka, KS 66603
With a copy to:
City Attorney 215 SE yth, Room 353 Topeka, KS 66603
(b) Notice for all operational and emergency contacts shall initially be set forth
below. City and Licensee shall each notify the other as the following change from time
to time.
If to Licensee, for general operational matters and Emergency Services contact:
Marc Price Chief Network Engineer Shawnee County Information Tech. 200 SE 7th, Room 200 Topeka, KS 66603 785-251-61 03
If to City, for general operational matters and City Emergency Services contact:
Eric L. Carman Systerr, Developer Water Treatment Plant 3245 NW Water Works Drive Topeka, KS 66606 785-368-1958
12. Authority to Execute. City covenants and warrants to Licensee that (i) the
city manager has full right, power and authority to execute this License; and (ii)
execution and performance of this License will not violate any laws, ordinances,
covenants, or the provisions of any other agreement binding on City.
13. Environmental Laws. licensee, its officers, agents, affiliates, contractors
and subcontractors and employees, shall not introduce or use any Hazardous
Substance on the Property, Premises or Easements in violation of any applicable law.
"Hazardous substance" means any substance or material defined or designated as
hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive
substance, or other similar term pursuant to any federal, state or local environmental
law, regulation or rule presently in effect or promulgated in the future, as such laws,
regulations or rules may be amended from time to time; and it shall be interpreted to
include, but not be limited to, any substance which after relicense into the environment
will or may reasonably be anticipated to cause sickness, death or disease. Licensee
agrees to defend, indemnify and hold harmless City from and against any and all
administrative and judicial actions and rulings, claims, causes of action, demands and
liability including, but not limited to, damages, costs, expenses, assessments, penalties,
fines, losses, judgments and reasonable attorney fees that the City may suffer or incur
due to the existence or discovery of any Hazardous Substances on the Property or the
migration of any Hazardous Substance to other properties or the relicense of any
Hazardous Substance into the environment, that relate to or arise from Licensee's
activities, or those of its officers, agents, affiliates, contractors and subcontractors and
employees. The indemnification in this section specifically includes, without limitation,
costs incurred in connection with any investigation of site conditions or any cleanup,
remedial, removal or restoration work required by any governmental authority. This
Section 13 shall survive the termination or expiration of this License.
14. Assignment
(a) Licensee shall not assign or otherwise transfer this License without consent
of City.
(b) City may assign or transfer this license, and, upon written notice to
Licensee of such assignment, shall be relieved of all liabilities and obligations hereunder
provided that such assignee or transferee agrees in writing to fulfill the duties and
obligations of the City in said License Agreement.
15. Successors and Assigns. This License shall be binding upon and inure to
the benefit of the Parties, their respective successors, personal representatives and
assigns.
16. Waiver of City's Lien. City hereby waives any and all lien rights it may
have, statutory or otherwise, concerning the Electronic Equipment and Antennas or any
portion thereof, which shall be deemed personal property for the purposes of this
License, whether or not the same is deemed real or personal property under applicable
laws, and City gives Licensee the right to remove all or any portion of the same from
time to time, whether before or after a default under this License, ·in Licensee's
discretion and without City's consent Should Licensee fail to remove its Electronic
Equipment and Antennas as required by this License, then the waiver of lien rights is
void.
17. Force Majeure. If a Party is delayed or hindered in, or prevented from the
performance required under this License (except for payment of monetary obligations)
by reason of tornadoes, floods, earthquakes, landslides, strikes, lockouts, labor )
troubles, failure of power, riots, insurrections, war, acts of God or other reasons of like
nature, not the fault of the Party delayed in performing work or doing acts, and where
reasonable measures by such party could not have avoided or mitigated the effects of
such acts, then such Party is excused from such performance for the period of delay.
The period for the performance of any such act shall then be extended for the period of
. such delay. In the event that Licensee invokes this provision because damage to the
Electronic Equipment, Antennas or Premises has hindered, delayed, or prevented
Licensee from using the Premises, Licensee may immediately erect any temporary
Electronic Equipment on the Premises and such temporary Antennas at such location
as City designates in writing, provided that such temporary facilities do not
unreasonably interfere with City's use of the Property or ability to repair or restore the
Premises or Property. If, in City's sole and absolute discretion, it elects to repair or
restore the Premises and Property, upon completion of such repair or restoration,
Licensee is obligated to repair or restore the Electronic Equipment and Antennas in
accordance with the terms of this document.
18. Non"Waiver. Failure of City to insist on strict performance of any of the
conditions, covenants, terms or provisions of this License or to exercise any of its rights
hereunder shall not waive such rights, but City shall have the rights to enforce such
rights at any time and take such action as might be lawful or authorized hereunder,
either in law or equity. The receipt of any sum paid by Licensee to City after a breach of
this License shall not be deemed a waiver of such breach unless expressly set forth in
writing.
19. Miscellaneous.
(a) The effective date of this License is the date indicated on page 1 of the
Agreement (the "Effective Date") which shall be the date the City Manager signs this
Agreement.
(b) Each Party agrees to furnish to the other, within twenty (20) days after
request, such truthful estoppel information as the other may reasonably request.
(c) This License constitutes the entire agreement and understanding of the
Parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind nof set forth herein. Any amendments to
this License must be in writing and executed by both Parties.
(d) This License shall be construed in accordance with the laws of the State of
Kansas.
(e) If any term of this License is found to be void or invalid, such finding shall
not affect the remaining terms of this License, which shall continue in full force and
effect. The Parties agree that if any provisions are deemed not enforceable, they shall
be deemed modified to the extent necessary to make them enforceable. Any questions
of particular interpretation shall not be interpreted against the draftsman, but rather in
accordance with the fair meaning thereof. No provision of this License will be deemed
waived by either Party unless expressly waived in writing signed by the waiving Party.
No waiver shall be implied by delay or any other act or omission of either Party. No
waiver by either Party of any provision of this License shall be deemed a waiver of such
provision with respect to any subsequent matter relating to such provision.
(f) The persons who have executed this License represent and warrant that
they are duly authorized to exec.ute this License in their individual or representative
capacity as indicated.
(g) This License may be signed by faxed or electronic signature, which shall be
deemed to be an original signature. The License may be executed in counterparts,
each of which shall be deemed to be an original, and all of which shall be deemed to
constitute one and the same instrument.
(h) Any exhibit referred to herein or attached hereto is incorporated herein for
all purposes.
(i) City hereby expressly disclaims all Warranties of Merchantability and
Fitness for a Particular Purpose associated with the Premises. Licensee accepts the
Premises "As Is."
20. This License Agreement constitutes the entire agreement of the parties
and supersedes any and all prior oral or written agreements between the parties.
Neither party shall rely upon any verbal representations, either express or implied, not
specifically stated herein. This Agreement shall not be amended, modified, or assigned
except by written agreement of both parties.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement as of
the day and year first above written.
ATTEST:
Brenda Younger, City Clerk
ATTEST:
Cynthia A. Beck, Shawnee County Clerk
CITY OF TOPEKA, KANSAS
Jim Colson, City Manager
BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS
Michele A Buhler, Chair
·· p~r.0:ved as to Legality i··!!•::f Form: Date .. "1·-H·/ ; ..
