BOARD OF COUNTY COMMISSIONERS REVISED AGENDA

THURSDAY, JULY 2, 2020, 9:00 AM

COMMISSION CHAMBERS, ROOM B-11

I. PROCLAMATIONS/PRESENTATIONS

II. UNFINISHED BUSINESS

1. Consider authorization and execution of Contract C226-2020 with Railroad Heritage, Inc. for the

donation of the Great Overland Station, the underlying 10.9 acres of land, personal property, and

to include abiding by the terms and conditions of the National Register of Historic Places and the

Kansas Register of Historic Places, and to lease office space to RHI for four years for $1.00 per

year – County Counselor. (Deferred from June 18, 2020)

III. CONSENT AGENDA

1. Consider approval of request to sell surplus vehicle — Administrative Services.

2. Acknowledge receipt of the legal advertising rates for The Topeka Metro News effective July 1,

2020 — County Clerk.

3. Acknowledge receipt of correspondence from Cox Communications regarding negotiations for

renewal of agreements with NFL Network and NFL RedZone.

4. Consider approval of request from Evergy for a Release on Restoration Work in Welton Grove

Park — County Counselor.

IV. NEW BUSINESS

A. COUNTY CLERK – Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. PUBLIC WORKS – Curt Niehaus

1. Consider approval of request to award bid for a signing truck to Shawnee Mission Ford in the net

amount of $84,098.00 from the 2020 Public Works Special Machinery Fund.

C. CORRECTIONS – Brian Cole

1. Consider authorization and execution of Contract C242-2020, second amendment to Master

Services Agreement (C342-2018) with Securus Technologies to include a Law Library

Application at a cost of $292.00 monthly to be deducted from the commission provided to the

agency each month.

2. Consider approval of request to purchase 17 laptops for use by the Community Corrections

officers to maintain record-keeping while conducting in-person meetings with clients outside the

building at a cost of $16,065.00 ($945.00 per laptop) utilizing FY2020 grant funds from the

Kansas Department of Corrections.

D. PARKS + RECREATION – Tim Laurent

1. Consider authorization and execution of Contract C243-2020, amendment to Contract C270-

2018, with Yamaha Motor Finance Corporation, USA to allow for a revised schedule of payments

in 2020 due to Covid-19.

E. ELECTIONS – Andrew Howell

1. Consider approval of request to authorize an emergency purchase with American Pre-Sort, Inc. for

2020 Primary Election Voter Information mailers to be sent to approximately 100,000 Shawnee

County voters for an amount less than $59,500.00 utilizing grant funds from the 2020 HAVA

CARES Act.

F. HEALTH DEPARTMENT – Linda Ochs

1. Consider approval of request to fill a Health Promotion Coordinator position in the Community

Health Outreach and Planning Division at an annual salary, including benefits, of $63,470.00 with

50% funded from the Chronic Diseases Risk Reduction grant and 50% in funding from the tax

allocation included in the departmental budget.

2. Consider authorization and execution of Contract C244-2020 with the Kansas Health Institute to

provide data analytic support at a cost not to exceed $40,450.00 through December 31, 2020 with

funding from COVID-19 grant funds and CARES Act funds and request to waive the purchasing

policy due to scarcity of available providers and the urgency of onboarding assistance for staff.

3. Consider authorization and execution of Contract C245-2020, Memorandum of Understanding,

with the United Way to serve as the fiscal agency for the Early Childhood Block Grant with an

award of $256,063.00 for the Health Department with a 20% match ($51,213.00) for grant with

match dollars from the department tax allocation included in the 2020 and 2021 budgets.

4. Consider authorization and execution of Contract C246-2020 with the Kansas Children’s Service

League to renew Outreach, Prevention and Early Intervention Services from July 1, 2020 through

June 30, 2021 with $361,000.00 in accessible funds.

G. EMERGENCY MANAGEMENT – Errin Mahan, Interim

1. Consider authorization and execution of Contract C247-2020 with Northeast Kansas Homeland

Security Council for the transfer of grant funded equipment (DELL Latitude E6430 Laptop) from

the City of Topeka at an original cost of $3,317.00 for use by Emergency Management All

Hazards Incident Management Team and our partners.

2. Consider authorization and execution of Contract C248-2020 with Northeast Kansas Homeland

Security Council for the transfer of grant funded equipment (DELL Latitude 5500 Laptop) from

the City of Topeka at an original cost of $1,360.00 for use by Emergency Management

accountability and our partners.

H. ADMINISTRATIVE SERVICES – Betty Greiner

1. Consider approval of request to designate Betty Greiner as the Primary Point of Contact for the

Kansas Recovery Office regarding Coronavirus Relief Fund monies.

I. COMMISSION

1. Consider canceling the July 16th Commission meeting.

2. Discussion of Governor Kelly’s anticipated executive order mandating the use of face masks in

public.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

Shawnee County

Office of the County Counselor

JAMES M. CROWL County Counselor

Shawnee County Courthouse 200 SE 71h Street, Ste. 100

Topeka, Kansas 66603-3932 Office: (785) 251-4042

Fax: (785) 251-4902 Email: counselors@snco.us

MEMORANDUM

TO: Board of Shawnee County Commissioners

FROM: James M. Crowl, Shawnee County Counse

DATE: June 15, 2020

RE: Agreement for Donation of Real Estate - Great Overland Station

Please place the attached Agreement with Railroad Heritage, Inc. (RHI) on the Thursday, June 18, 2020 Commission Agenda.

The Agreement will provide for the donation of real estate known as the Great Overland Station to Shawnee County. Key points of the Agreement include:

• The property being donated to the county includes the Great Overland Station and the underlying 10.9 acres ofland.

• The County agrees to abide by the terms and conditions applicable to properties listed on the National Register of Historic Places and the Kansas Register ofHistoric Places.

• The donation includes personal property such as: o Catering equipment, furniture and fixtures o The Welda depot, four railroad cars and the tracks on which they are displayed

/ o An antique Railway Express Agency Delivery truck and other artifacts • The County will lease 175 sq. ft. of office space at 320 NW Curtis Street (or other suitable

location) to RHI for four years for $1 per year.

Please contact me with any questions you may have.

Attachment

cc:

SHAWNEE COUNTY CONTRACT C~2020

AGREEMENT FOR DONATION OF REAL ESTATE

THIS AGREEMENT is effective the day of June, 2020, by and between RAILROAD HERITAGE, INC., hereinafter referred to as the "Donor," THE BoARD OF

COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the "County."

WITNESSETH, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DONATION OF REAL ESTATE. Subject to the conditions listed herein, the Donor agrees to donate and the County agrees to accept the real estate (Property) known as the Great Overland Station and the underlying 10.9- acres of land legally described on Exhibit "A" (attached hereto and incorporated herein.)

2. DONATION CONDITIONAL UPON FOLLOWING CONDITIONS.

a. The Property will be transferred by General Warranty deed with possession effective upon delivery of the signed deed to the County.

b. The Property will be used for public purposes only. Both parties agree that if public use is not maintained on the Property, the Property will revert back to the Donor or other entity that will maintain public use of the Property.

c. County acknowledges that the Property is on the National Register of Historic Places and the Kansas Register of Historic Places and agrees to abide by the terms and conditions ofboth-.

d. Donor acknowledges that the Union Pacific Railroad reserved all of its rights, title and interest in and to the minerals and mineral rights applicable to the Property without right of surface entry.

e. Donor agrees to assist and cooperate with the County to effect the completion of this transfer and shall furnish the County with any records, surveys, prints, maps, environmental reports or other information which may have bearing upon the use of or title to the Property.

f. Donor acknowledges that certain items of personal property are included in the donation of Property. These items include the catering kitchen equipment, banquet tables and chairs, display cases and office furniture and fixtures. Also included are the Welda depot, four railroad cars and the railroad tracks on which they are displayed, an antique Railway Express Agency delivery truck, and the other artifacts owned by Donor. Artifacts on loan to Donor from

Donor's Initials I ---- County's Initials __

private collectors will be returned to each private collector by Donor and are not included in the Property donation.

g. County agrees to lease to Donor for a period of four years from the effective date of this agreement one room of approximately 175 square feet in the office building at 320 NW Curtis Street or other mutually agreeable location for $1.00 per year to be used by Donor for storage of Donor records. This provision shall survive closing.

h. County agrees to indemnify, defend and hold Donor harmless from any claims for any defects or environmental problems, latent or obvious, discovered or undiscovered on the Property.

1. The County shall pay all costs, if any, associated with the transfer of the Property including title report and title insurance costs, appraisal fees, notary fees and recording fees. The Donors shall not incur any costs associated with the transfer of the Property with the exception of Donor's legal fees.

J. Any real estate taxes due for 2020 or thereafter on the Property shall be the responsibility of the County.

k. The terms of this paragraph shall survive even after the Property is conveyed.

3. REPRESENTATIONS.

a. Donor represents and warrants that it has received no notice of any alleged violation of any environmental laws or governmental regulations and has no knowledge of any such violations.

b. The County has the right, power and authority to enter into this agreement and to accept donor's charitable donation of the property in accordance with the terms and conditions of this agreement pursuant to all Federal and Kansas laws and regulations.

c. The execution and delivery by the County of this agreement, and the performance by the County of its obligations, have been duly and validly authorized according to Federal and Kansas laws and regulations and that the undersigned Chair of the County Commission is authorized to sign this agreement and perform all other necessary actions hereunder for and on behalf ofthe County.

d. The County has conducted all inspections of the property, which the County deems necessary. The County takes the property "as is".

Donor's Initials 2 County's Initials __

4. EXISTING FINANCING I MECHANIC'S LIEN. Donor represents and warrants that there are no unpaid (whether recorded or not) mortgages, chattel mortgages, conditional sales contracts, financing statements, security agreements or mechanic's lien(s) affecting the Property.

5. DEED. Following the execution of the document and presentation of the necessary documents, Donor shall execute a General Warranty Deed conveying the property to the County, subject to easements, restrictions of record, and zoning regulations.

6. ENTIRE AGREEMENT AND MANNER OF MODIFICATION. This Contract, and any attachments or addenda hereto, constitute the complete agreement of the parties concerning the Property, supersede all other agreements and may be modified only by initialing changes in this Contract or by written agreement.

7. BINDING ON HEIRS AND SUCCESSORS. This Contract is binding on the heirs, executors, administrators, successors, and assigns of the parties hereto.

8. KANSAS LAW. This Contract and its validity, construction and performance shall be governed by the laws of Kansas.

9. TIME AND EXACT PERFORMANCE ARE OF THE ESSENCE UNDER THIS CONTRACT. THIS CONTRACT IS A LEGALLY BINDING DOCUMENT, IF NOT UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year last signed or initialed.

COUNTY:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

Donor's Initials I ----

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

William D. Riphahn, Chair

3 County's Initials __

DONOR:

Railroad Heritage, Inc.

_______________ Date: ____ _ Robert M. St. John Chairman, Board of Directors

Donor's Initials I ----4 County's Initials __

Tract UP1998

Exhibit "A" Description of Real Estate

Page 1 of 3

A parcel of land situated in the southwest quarter of Section 30, Township 11 South, Range 16 East or Reserve Number 4 in and of the lands known as the Kansas Half Breed Lands in the City of Topeka, Shawnee County, Kansas, said parcel being all of that property immediately underlying the former passenger station of the Union Pacific Railroad Company (currently known as the Great Overland Station), as now located. Parcel of land contains an area of 14,755 square feet, more or less (0.34 acres).

Tract UP2002

A parcel of land containing all of Lot 78 and the north 50.00 feet of Lot 76 on Harrison Street, all of Lots 73-77, inclusive, and the north 25.00 feet of Lot 72 on Van Buren Street, all of Lots 71-76, inclusive, on Jackson Street, all of Lot 73 and the north 50.00 feet of Lot 71 on Kansas Avenue and also containing the vacated alley (Ordinance Number 15858) between Harrison Street and Van Buren Street, the vacated street of Van Buren (Ordinance Number 5507), the vacated alley (Ordinance Number 7120) between Van Buren Street and Jackson Street, the vacated street of Jackson (Ordinance Number 5507), the vacated alley (Ordinance Number 5507) between Jackson Street and Kansas Avenue, and a parcel of land in the right of way of the Union Pacific Railroad Company, all in Eugene, now a part of the City of Topeka, Shawnee County, Kansas, more particularly described as follows:

BEGINNING at the northwest corner of Lot 78 on Harrison Street, said corner being a 1 inch diameter iron bar;

Thence on an assumed Azimuth of 09 degrees 06 minutes 22 seconds, coincident with east right of way line of Harrison Street, a distance of 71.85 feet;

Thence on an assumed Azimuth of 106 degrees 49 minutes 48 seconds, parallel to the main track of the Union Pacific Railroad Company, a distance of 236.18 feet, to a steel fence corner post;

Thence on an assumed Azimuth of 106 degrees 22 minutes 53 seconds, coincident with a chain link fence, a distance of 63.76 feet;

Thence on an assumed Azimuth of 16 degrees 01 minute 30 seconds, a distance of 20.50 feet; Thence on an assumed Azimuth of 286 degrees 22 minutes 53 seconds, a distance of 24.00 feet,

to a chain link fence; Thence on an assumed Azimuth of 16 degrees 01 minutes 30 seconds, coincident with a chain

link fence, a distance of 69.78 feet, to a point that is 38.10 feet south of the main track of the Union Pacific Railroad Company;

Thence on an assumed Azimuth of 106 degrees 49 minutes 48 seconds, parallel with railroad track, a distance of 226.15 feet;

Thence on an assumed Azimuth of 16 degrees 49 minutes 48 seconds, perpendicular to said railroad track, a distance of 4.76 feet;

Thence on an assumed Azimuth of 106 degrees 49 minutes 48 seconds, parallel with said railroad track, a distance of 193.55 feet;

Exhibit "A" Description of Real Estate

Page 2 of 3

Thence on an assumed Azimuth of 196 degrees 49 minutes 48 seconds, perpendicular to said railroad track, a distance of 4.84 feet;

Thence on an assumed Azimuth of 106 degrees 49 minutes 48 seconds, parallel with said railroad track, a distance of 79.54 feet, to a point 25.00 feet east of the Union Pacific passenger station building and 38.18 feet south of said railroad track;

Thence on an assumed Azimuth of 125 degrees 40 minutes 01 seconds, a distance of 52.09 feet, to a point 55.01 feet south of said railroad track;

Thence on an assumed Azimuth of 106 degrees 49 minutes 48 seconds, parallel with said railroad track, a distance of 384.33 feet, to the west right of way line of Kansas Avenue;

Thence on an assumed Azimuth of 189 degrees 09 minutes 37 seconds, coincident with the west right of way line of Kansas Avenue, a distance of 278.62 feet, to a point 25.00 feet north of the southeast corner of Lot 71 on Kansas Avenue;

Thence on an assumed Azimuth of 279 degrees OS minutes 43 seconds, parallel with the south line of Lot 71 on Kansas Avenue, a distance of 194.52 feet, to the east line of Lot 72 on Jackson Street;

Thence on an assumed Azimuth of 189 degrees 03 minutes 51 seconds, coincident with the east line of said Lot 72, a distance of 25.00 feet, to the southeast corner of Lot 72 on Jackson Street;

Thence on an assumed Azimuth of 279 degrees 07 minutes 28 seconds, coincident with the south line of Lot 71 and Lot 72 on Jackson Street, a distance of 409.64 feet, to a chisel"+" in concrete, said chisel"+" being the centerline of the vacated alley (Ordinance Number 7120) between Van Buren Street and Jackson Street;

Thence on an assumed Azimuth of 08 degrees 45 minutes 17 seconds, coincident with the centerline of said vacated alley, a distance of 50.00 feet;

Thence on an assumed Azimuth of 279 degrees 09 minutes 33 seconds, parallel with the south line of Lot 74 on Van Buren Street, a distance of 180.54 feet, to the east right of way line of Van Buren Street;

Thence on an assumed Azimuth of 09 degrees 00 minutes 33 seconds, coincident with the east right of way line of Van Buren Street, a distance of 25.00 feet, to the southwest corner of Lot 74 on Van Buren Street;

Thence on an assumed Azimuth of 279 degrees 00 minutes 59 seconds, coincident with the south line of Lot 73 on Van Buren Street, a distance of 240.11 feet, to the centerline of the vacated alley (Ordinance Number 15858) between Harrison Street and Van Buren Street;

Thence on an assumed Azimuth of 08 degrees 56 minutes 33 seconds, coincident with the centerline of said vacated alley, a distance of 100.00 feet;

Thence on an assumed Azimuth of 279 degrees 00 minutes 59 seconds, parallel with the south line of Lot 76 on Harrison Street, a distance of 180.23 feet, to a point on the east right of way line of Harrison Street and 25.00 feet north ofthe southwest corner of Lot 76 on Harrison Street;

Thence on an assumed Azimuth of 08 degrees 52 minutes 32 seconds, coincident with the east right of way line of Harrison Street, a distance of 146.26 feet, to the POINT OF BEGINNING.

Excepting therefrom all of that certain parcel of land conveyed by that certain deed dated June 30, 1998, from Union Pacific Railroad Company to Topeka Railroad Days, Inc. recorded on January 27, 1999 in Volume 3295 at Page 381, Shawnee County, Kansas.

Containing a net area of 8.60 acres, more or less.

Tract WOW

Exhibit "A" Description of Real Estate

Page 3 of 3

A parcel of land containing all of Lot 70 and the south 50.00 feet of Lot 72 on Van Buren Street, that portion oft he west half of the vacated alley (Ordinance Number 7120) between Van Buren Street and Jackson Street that adjoins said Lot 70 and said south 50.00 feet of Lot 72, all in Eugene Addition, City of

Topeka, Shawnee County, Kansas, containing an area of 0.52 acres, more or less.

Tract BRB

A parcel of land containing all of Lot 69 and all of Lot 71 on Van Buren Street, the vacated alley (Ordinance Number 15858) between Harrison Street and Van Buren Street, all of Lot 70 except the west 58.3 feet of said Lot 70 on Harrison Street, all of Lot 72 except the west 58.3 feet of said Lot 72 on Harrison Street, all of Lot 74 and the south 25.00 feet of Lot 76 on Harrison Street, all in Eugene Addition, City of Topeka, Shawnee County, Kansas, containing an area of 1.45 acres, more or less.

June 24, 2020

To: Shawnee County Board of County Commission

From: Betty Greiner, Audit Finance \'~~~ Michele Hanshaw, Purchasing '\\ ~

Re: Permission to sell surplus vehicles and equipment.

2002 Ford Taurus- Vin 1FAFP53U62G257150

Thank you for your consideration.

IJIJ

Shawnee County

PURCHASING DIVISION MICHELE HANSHAW

Audit Finance Department Purchasing Specialist

200 SE 1h St., Room 201 Topeka, KS 86603

(785) 251-4039

•

TO:

FROM:

DATE:

RE:

Shawnee County

Office of County Clerk CYNTHIA A. BECK

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

MEMORANDUM

Board)?fr~ty Commissioners

Cyn~~i~ Beck, County Clerk

June 29, 2020

Consent Agenda

Please acknowledge receipt of legal advertising rates for The Topeka Metro News effective July 1, 2020.

CAB/kko

Attachment

..... /28/2020 10:53 FAX

• • • •

141001/001

••••• ••••• ••••• •• The Topeka Metro News BOO SW Jackson St., Ste.1118 Topeka, KS 66612-1244

County Clerk Shawnee County, Kansas 200 S.E. 7th St., Rm. 107 Topeka, KS 66603

Dear County Clerk:

FAXED TO: 785-251-4912

June 26, 2020

-f5)-r1-~ ~~~(E:--:~--::~::-:~ruj:

lnll JUN 2 9 2020 Jl:V I SHAWNEE COUNTY CLERl<j

Pursuant to K.S.A. 28-137, we hereby inform you of the rate for leqal advertisements (public notices) appearing in The Topeka Metro News effective July 1, 2020. The standard, non-contract rate is ~1.49 per typeset line if the notice is received in electronic text format, or Sl.69 per line if typesetting is necessary. Contract rates of $200.00, $225.00 or ~250.00 per notice shall be charged to certain non-government clients. Contract rates of 50¢ per line or 72¢ per line shall be charged to certain government entities. For cities of lees than 5,000 in population, a rate of $72.24 per page (8-l/2H x 11") shall be charged if scanning is necessary, and a rate of $67.96 per page shall be charged if received by email. The rate for notices of vehicle sales shall be $4.56 per vehicle, subject to a minimum total charge of $10.00. The charge for photocopied notices will correspond to the aforementioned rates.

Sincerely,

Debra Valenti Director of Operations

Beck, Cyndi

From: Sent: Subject:

Bottenberg, Megan (CCI-Central Region) <Megan.Bottenberg@cox.com> Friday, June 26, 2020 11:45 AM Cox Communications - LF A Notification

Dear Local Franchising Authority,

As you know, Cox is required to obtain permission from local broadcast stations and cable networks to provide their signals on our video channel lineup. Our company is in discussions to renew agreements with the following programmers and broadcasters:

Station/Network SD Channel HD Channel

NFL Network

NFL RedZone 261 267

2261 2267

Should we be unable to reach equitable terms for a new agreement by their expiration dates, these networks have the right to require Cox to remove their programming from our lineup.

We continue to actively negotiate with these networks and are working toward renewing our agreements without any disruption of service to our customers. We are meeting our customer notification obligation through an ad in the local newspaper.

We will keep you updated with any new information. Please feel free to contact me at (785) 215-6727 or Megan.Bottenberg@cox.com.

Sincerely,

Megan Bottenberg Manager, Government Affairs Cox Communications Central Region

1

Shawnee County

Office of the County Counselor

JAMES M. CROWL County Counselor

Shawnee County Courthouse 200 SE 7th Street, Ste. 100

Topeka, Kansas 66603-3932 Office: (785) 251-4042

Fax: (785) 251-4902 Email: counselors@snco.us

MEMORANDUM

TO: Board of Shawnee County Commissioners

FROM: Jonathan C. Brzon, Assistant Shawnee County Counselor

DATE: June 29, 2020

RE: Request from Evergy for a Release on Restoration Work in Welton Grove Park

Please place this item on the Thursday, July 1, 2020 Commission CONSENT agenda.

Evergy has recently completed restoration work in Welton Grove Park following their installation of new power lines. They have requested that Shawnee County sign the attached document confirming that the property has been restored to the County's satisfaction.

On June 26, 2020, Shawnee County Parks + Rec visited the location and had no concerns about the restoration work performed by Evergy. Our office recommends the Board approve the request. Please contact me with any questions.

JCB/tdp

Attachment

c: Tim Laurent, Director, Shawnee County Parks & Recreation Johnny Onstead, Evergy

Vendor# 999999/999 INV#39325

~r Energy.

Project Name ~ 'a Project# /tJ-- DSD...ine# .. Qtr }1/AJ, Section c::2.. .... $, Twp-+-<~"--Or Lot ___ , Block ___ , Subdivision --7rk----------

The Owner I Tenant has agreed to the sum of$ from WESTAR ENERGY in full ettlement to ~-~r----+-

date of any and all claims of any nature whatsoev. r for d a •. other t an loss of crops, caused by or arising out of the construction, reconstruction or maintenance of )1c__ on and across the premises described generally as above.

Des n ti

%

/00 A~

Owner Signature I enant S1gna!ure

Date ____ _ Date ____ _

(Does not require both signatures}

OFFICE USE ONLY Check To: Check Needed. ______ _ Name: ________________________________________________________________ __

Address: _______________________________________________________________ _

City, State, Zip: ----------------------------------------------------­

Amount-------------

REMIT OM -------------------------------------------------------------------

Approved by------------------------

Date--------­Form 142-4 {4-16)

Bus Unit----- Oper. Unit 10000 Acct CF WA __ _ Dept 06814 Proj _______ _ JT __________________ __

Date:

To:

From:

Re:

June 25, 2020

SHAWNEE COUNTY DEPARTMENT of PUBLIC WORKS

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

MEMORANDUM

Curt F. Niehaus, P.E. Director of Public Works

County Engineer

Approval of Request to Award Bid - Signing Truck BCC Approval of2020 Capital Improvement Items: August 5, 2019 BCC Approval to Solicit Bids: January 9, 2020 BCC Approval to Reject 1st Round Bids: February 24, 2020 BCC Approval to Awards Bids- Message Board & Signing Truck: April23, 2020 BCC Approval toRe-solicit bid (due to retraction)- Signing Truck: May 28, 2020

A lowest, best bid for the purchase of a signing truck was approved by the Board of County Commissioners (BCC) on April23, 2020. At that time, the winning bid provided a $200.00 trade-in allowance for an existing sign truck, which the BCC rejected. The winning bid was then retracted by the vendor after discovering an error.

As such, the Audit-Finance Depatiment, on behalf of the Shawnee County Department of Public Works (SCDPW), again issued a Request for Quotation (RFQ) for the purchase of a signing truck. The intent was to also solicit a bid for the trade-in value of an existing signing truck as credit against the purchase of the new unit.

By the June 23 closing date, two vendors submitted bids as shown on the attached tabulation of bids list.

MemotoBCC June 25, 2020 Page 2

The lowest, best bid which also satisfies the specifications was submitted by Shawnee Mission Ford and is thus recommended for approval. The SCDPW also recommends accepting the winning vendor's trade-in value of$1000.00 for the existing sign truck. The net bid ($84,098.00) compares favorably with the value approved in August, 2019.

The existing truck is a 2001 model year vehicle with approximately 300,000 miles. Due to social distancing requirements related to COVID-19, this truck is being driven nearly every work day. The primary model year 2015 sign truck has approximately 100,000 miles.

If approved, funding for this purchase will come from the 2020 Public Works Special Machinery Fund (2030).

Thank you for your consideration of this request.

TABULATION OF BIDS

Department Parks & Recreation Quotation Number 045-20 Traffic Sign Truck Date 06-23-20

People Present Michele Hanshaw and Cassy Duer

Name of Bidders Shawnee Mission Ford Lindsay Ford

Price of Truck $85,098.00 $94,387.00

M & M of truck 2020 Ford F-450 Ford F-450

M & M of post driver Tazmanian Tazmanian

Trade In allowance $1,000.00 $1,000.00

Total bid minus trade $84,098.00 $93,3871

TO:

FROM:

DATE:

RE:

Shawnee County

Department of Corrections 501 SE S1h Avenue- Topeka, Kansas 66607- (785) 291-5400

Brian W. Cole, Director

Adult Detention Facllity- 501 SE 8th -Topeka, Kansas 66607- (785) 251-5100- FAX (785) 251-4924 Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 251-7700- FAX (785) 251-4963

Community Corrections- 712 S. Kansas Ave- Topeka, Kansas 66603- (785) 251-7800- FAX (785) 233-8983

MEMORANDUM

Board of County Commissioners

Brian W. Cole, Director

June 22, 2020 ~

Request for Approve of Second Amendment to Securus Agreement

I am seeking your approval of the attached Second Amendment to Master Services Agreement (CC342-2018) with Securus Technologies (Securus) for the installation and maintenance of a law library system on the inmate tablets within the Adult and Juvenile Detention Centers.

A major challenge for the agency is providing a reliable tool to inmates to allow them to research cases and information regarding their legal matters. Presently we maintain several stand-alone computers on which inmates request a time to spend researching for set periods of time. Law library access has been deemed by courts to be integral to providing inmates with a constitutional level of access to the courts for criminal and civil matters.

The technology being presented with this amendment brings a national database onto the individual tablets in the modules so that inmates have access to research when they have the need, without having to transport those inmates to another area of the facility. This will allow the agency to meet the constitutional requirements without the manpower drain in transporting and supervising this activity.

The cost of this application $292.00 monthly, to be covered with a reduction in the commission provided to the agency each month. This cost is significantly lower than the current arrangement, and provides continuous access to all inmates during the day. The amendment has been approved by the County Counselor as to form and legality. Accordingly, I request your approval of this amendment so that I may proceed with this initiative.

BWC:tp

cc: Jim Crowl, County Counselor Timothy Phelps, Deputy Director

SECURUS Technologies

connecting what matters' SECOND AMENDMENT TO

MASTER SERVICES AGREEMENT (C342-2018)

SHAWNEE COUNT'! CONTRACT X~ 2'12-:2. ().<0

This SECOND AMENDMENT ("Second Amendment") is effective as of the last date signed by either party ("Second Amendment Effective Date") and amends and supplements, that certain Master Services Agreement (C342-2018) by and between Securus Technologies, LLC (F/kla Securus Technologies, Inc.) ("we," "us," or "Provider'1 and the Shawnee County ("you" or "Customer'') dated October 25, 2018, as subsequently amended (collectively, the "Agreement").

WHEREAS Customer and Provider are parties to the Agreement and desire to amend the terms as stated herein;

NOW, THEREFORE, as of the Second Amendment Effective Date and in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

1. Term. This Second Amendment shall commence on the Second Amendment Effective Date and shall remain in effect through the Term of the Agreement. Notwithstanding anything to the contrary, the terms and conditions of the Agreement shall continue to apply for so long as we continue to provide the Applications to you after the expiration or earlier termination of this Agreement.

2. Law Library Application. As of the Second Amendment Effective Date, Provider will deploy its Law Library Application. The Law Library Application allows inmates to perform legal research through a comprehensive collection of state and federal laws, including resources pertaining to constitutions, statutes, cases and more. Customer will pay a monthly fee of $292.00, which will be payable through a commission deduction.

3. Except as expressly amended by this Second Amendment, all of the terms, conditions and provisions of the. Agreement shall remain in full force and effect. All capitalized terms used but not defined herein shall have the meaning set forth in the Agreement.

EXECUTED as of the Second Amendment Effective Date.

CUSTOMER:

Shawnee County

By:

Name:

Title:

Date:

Please return sl&ned contract to:

4000 International Parkway Carrollton, Texas 75007 Attention: Contracts Administrator Phone: (972) 277-0300

PROVIDER:

Securus Technologies, LLC

By:

Name: Russell Roberts

Title: Chief Growth Officer

Date: 06/24/2020

Page 1 of 1 © Securus Technologies, LLC- Proprietary & Confidential

Shawnee County

Department of Corrections 501 SE 81

h Avenue- Topeka, Kansas 66607- (785) 291-5400

Brian W. Cole, Director

Adult Detention Facility- 501 SE 8th -Topeka, Kansas 66607- (785) 251-5100- FAX (785) 251-4924 Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 251-7700- FAX (785) 251-4963

Community Corrections -712 S. Kansas Ave- Topeka, Kansas 66603- (785) 251-7800- FAX (785) 233-8983

MEMORANDUM

TO: (}o; Board of County Commissioners

FROM: _;rrprian W. Cole, Director

---DATE: June 27, 2020

RE: Request for Approval to Purchase Laptops for ISP Officers

I am requesting your approval of the purchase of 17 laptops for use by the Community Corrections (ISP) officers to maximize their effectiveness in client supervision during the pandemic. This purchase will be made with FY2020 grant funds from Kansas Department of Corrections (KDOC}.

As the community comes out of shutdown from the COVID-19 pandemic response in our community, we are working to transition from all telephone contact with our clients to more in­person. To continue to minimize the amount of time clients spend inside our facility, we are arranging to meet clients outside the building as much as possible. The ability to make use of a laptop computer will facilitate officers' ability to maintain proper record-keeping while safely conducting in-person meetings with clients.

We have received bids from County IT for these machines, with the lowest bid resulting in a price for the laptops of $945.00 each, for a total of $16,065.00. We have unexpended funds available in the state FY2020 grant funds received, which we have earmarked for this purchase.

Accordingly, I am requesting your approval of the purchase of these laptops to improve the efficiency of the officers at ISP as we continue work under this pandemic response. I'll be happy to answer any questions you may have.

BWC:tp

cc: Betty Greiner, Financial Director Timothy Phelps, Deputy Director

Shawnee 1 ~ounty '-', f t; P.arKs+ ~ recreation June 22, 2020

TO:

FROM:

RE:

Board of Commissioners Shawnee County

Tim L. Laurent, Director Parks + Recreation "'[t-

yamaha Agreement- Amendment Park Operations Division - Golf

Purpose: Board of Commissioners approval is requested on the attached Amendment to Shawnee County C270-2018 with Yamaha Agreement and Shawnee County Parks + Recreation. The Amendment allows for revised schedule of payments in 2020 due to Covid-19.

Justification: All remaining te1ms of the Yamaha Agreement C270-2018 remain in effect.

TLL/blt JM Attachments

parks.snco.us

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

SHAWNEE COUNT~ CONTRACt i1 C:?43-:<o:?o

AMENDMENT# 1 TO EQUIPMENT SCHEDULE #119930 I LEASE #M18119930

This AMENDMENT# 1 ("Amendment") TO EQUIPMENT SCHEDULE# 119930 ("Equipment Schedule") amends such Equipment Schedule as it relates to that certain [Conditional Sales ContracUMaster Lease Agreement} {the "Agreement") dated as of July 9, 2018 by and between YAMAHA MOTOR FINANCE CORPORATION, U.S.A., a Delaware corporation located at 6555 Katella Avenue, Cypress, CA 90630 {"YMFUS"), and SHAWNEE COUNTY, located at 200 se 7TH Suite #201, Topeka, KS 66603 {"Customer").

NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

I. Amended Terms

1.1 Payments on the Equipment Schedule have been amended and shall be due on the following Remaining Schedule of Payments effective the date of this Amendment:

See page 2

1.2 Other Terms:

none

II. General

2.1 Authority for Amendment. The execution, delivery and performance of this Amendment has been duly authorized by all requisite corporate or other action on the part of YMFUS and Customer and upon execution and delivery by each of them, will constitute a legal, binding obligation thereof.

2.2 Effect of Amendment. Except as specifically amended hereby, the Agreement and the Equipment Schedule, and all terms contained therein, remains in full force and effect. The Equipment Schedule, as amended by this Amendment, constitutes the entire understanding of the parties with respect to the subject matter hereof. Capitalized terms used herein and not otherwise defined shall have the meaning given them in the Agreement.

2.3 Binding Effect. Each reference herein to a party hereto will be deemed to include its successors and assigns, all of whom will be bound by this Amendment and in whose favor the provisions of this Amendment will inure.

2.4 Counterparts. This Amendment may be executed in counterparts, each of which will constitute an original, but all of which, when taken together, will constitute but one agreement. Copies may be transmitted by facsimile or other electronic means (including attachments to email) for signature and each manually executed or other electronic copy (including an attachment to an email) may be used for all purposes as an original by any party. The Customer, by making any payment required under the Agreement and Equipment Schedule, as amended by this Amendment, ratifies all of the terms of the Agreement and the Equipment Schedule as so amended.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized signers, all with an effective date of May 13, 2020.

YAMAHA MOTOR FINANCE CORPORATION, U.S.A. SHAWNEE COUNTY

By: ____________________________ __

Its:-------------------------- By: i_ts_: __________________________ _

Initial:

AMENDMENT# 1 TO EQUIPMENT SCHEDULE #119930 I LEASE #M18119930

2

Toby, Brian

From: Sent: To:

Brzon, Jonathan Monday, June 22, 2020 1:30 PM Toby, Brian

Subject: Re: Yamaha Amendment

Approved as to form and legality JCB

On Jun 22, 2020, at 1:22 PM, Toby, Brian <Brian.Toby@snco.us> wrote:

JCB, Need a review and approval for Yamaha revised payment schedule due to Covid19. Thanks,

<image002.png> Brian L. Toby Compliance and Grant Supervisor Direct: 785-251-6980 • parks.snco.us <image004.png>

<image006.png>

<imageOOB.png>

<image01 O.png>

<#M18119930 Amendment Shawnee County.pdf>

1

MEMORANDUM

DATE:

TO:

June 29, 2020

Board of County Commissioners Bill Riphahn, 1•t District, Chair

evin Cook, 2"d District, Vice Chair Aaron Mays, 3'd District, Member

Andrew Howell Commissioner of Elections

AGENDA DATE: Thursday, July 2, 2020

Shawnee County Commissioner of Elections Andrew Howell Election Commissioner Mark A. Stock Assistant Election Commissioner

3420 SW Van Buren Street Topeka, Kansas66611

FAX (785) 251-5999 TEL (785) 251-5900

RE: Approval of emergency purchase with American Pre-Sort, Inc. for 2020 Primary Election Voter Information mailer for an amount less than $59,500

Requested Action: County Commission approval of emergency purchase with American Pre-Sort, Inc. for 2020 Primary Election Voter Information mailer for an amount less than $59,500

Description: A great deal of confusion and uncertainty surrounds the 2020 Primary Election due to the COVID-19 Coronavirus Pandemic. In consultation with the Office of the Kansas Secretary of State and the Shawnee County Board of Commissioners, it became imperative to develop a direct communication with Shawnee County voters regarding their voting options for this election. Time was of the essence to directly inform voters of accurate information based on the state laws of Kansas. The deadline to register to vote or to change voter registration information is Close of Business on July 14, 2020.

Therefore, the Shawnee County Election Office engaged the county's mailing vendor to quickly produce and mail out the information to approximately 100,000 Shawnee County voters.

The cost cited above includes providing the necessary envelopes with the return address for the Election Office; reproducing, folding and inserting the informational contents; applying the correct mailing address of each voter and postage costs.

American Pre-Sort, Inc. will send the invoice directly to the Shawnee County Election Office for payment. This cost is an eligible expense for the 2020 HAVA CARES Act funded as granted to Shawnee County. The Shawnee County Election Office will submit this cost for reimbursement from these grant funds for deposit into the Shawnee County General Fund.

Please let me know if there are any questions.

Thanks!

AH/ms

Cc: Betty Greiner, Director of Administrative Services Jim Crowl, County Counselor

http://www.snco.us/election/ electionoffice@snco. us

£ ! ..

EMERGENCY PURCHASE FORM

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

Acquisition in the amount of$ est. less than $59,500 payment.

is requested for

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

Vendor: American Pre-Sort, Inc.

Address: 540 NW Tyler Court, #101, Topeka, KS 66608

1. Description of Material or Service:

Shawnee County Election Office

A great deal of confusion and uncertainty surrounds the 2020 Primary Election due to the COVID-19 Coronavirus Pandemic. In consultation with the Office of the Kansas Secretary of State and the Shawnee County Board of Commissioners, it became imperative to develop a direct communication with Shawnee County voters regarding their voting options for this election. Time was of the essence to directly inform voters of accurate information based on the state laws of Kansas. The deadline to register to vote or to change voter registration information is Close of Business on July 14, 2020.

Therefore, the Shawnee County Election Office engaged the county's mailing vendor to quickly produce and mail out the information to approximately 100,000 Shawnee County voters.

The cost cited above includes providing the necessary envelopes with the return address for the Election Office; reproducing, folding and inserting the informational contents; applying the correct mailing address of each voter and postage costs.

American Pre-Sort, Inc. will send the invoice directly to the Shawnee County Election Office for payment. This cost is an eligible expense for the 2020 HAVA CARES Act funded as granted to Shawnee County. The Shawnee County Election Office will submit this cost for reimbursement from these grant funds for deposit into the Shawnee County General Fund.

DEPARTMENT USE ONLY

Telephone: ____ -=2~5~1_-~5~9~0~0

June 26, 2020

AUDIT-FINANCE PURCHASING USE ONLY

Approved by: __ ls_I_B_e-ctt;-;;y-;::;J::-:. ;;G:-::r~ei=-=n=-=e::-:r ==--::-:===--==-=-=-=-==-------Date 6/26/2020 (ADMINISTRATOR, AUDIT-FINANCE)

(Revised 2/12/14)

Shawnee County

Commis~ioner of Elections

DATE:

TO:

FROM:

RE:

July 1, 2020

Shawn~e County Registered Voters

Andrew Howell Election Commissioner Mark A. Stock Assistant Election Commissioner

_../ .,.,.~~" · Andrew Howell, Commissioner of Elections

Voting Options & Information for the August 41h Primary Election

Purpose of this correspondence

3420 SW Van Buren St Topeka, Kansas 66611

FAX (785) 251-5999 TEL (785) 251-5900

It seems that with every election there is some amount of misinformation that is spread throughout the community, whether intentional or malicious or not. The COVID-19 Coronavirus pandemic seems to have turned up the amount of misinformation being spread. Therefore as your Election Commissioner, 1 felt that I should send you this correspondence with factual information on which you can rely. It is also intended to answer many of your questions. Due to time and space requirements, this Information only deals with the upcoming August 4th

Primary ·Election and, except for a few specific references, is not intended to address the November 3rd General Election. Even at this date, it is difficult to precisely predict the status of the pandemic for August 4th. Trying to do that now for November 3'd would be doing you a disservice. I will not do that here.

August 4, 2020 Kansas Democratic & Republican Party Primary Elections Information Kansas primary elections held during even-numbered years (2020) are partisan elections for the Democratic and Republican Parties to nominate one candidate each to represent their party in the General Election following [KSA 25-205]. Members of the Libertarian Party do not participate in this primary election; they nominate their :candidates at a state party convention which has already been held this year [KSA 25-302]. Independent candidates by definition are unaffiliated or non-partisan and are also not a part of these partisan Democratic or Republican Primary Elections. If their nomination petitions are determined to be valid, the names of the independent candidates are placed directly on the general election ballot [KSA 25-303].

Voter Eligibility for the Kansas Partisan Primary Elections Since these partisan primary elections are held for the two major parties, the Kansas Democratic Party and the Kansas Republican Party determine who may vote in their primary election. Currently, both of these parties have decided to have "closed" primary elections, meaning that only members of their party may vote in their primary elections (Democrats in the Democratic Party Primary and Republicans in the Republican Party Primary). State law does not allow party members to change their party affiliation from the candidate filing deadline (12:00 pm on June 1, 2020) and the certification of the primary election results by the Secretary of State (approximately September 1, 2020) [KSA 25-3304].

Therefore, unaffiliated voters may vote in either the Democratic Party Primary Election or the Republican Party Primary Election if they affiliate with one of these parties. But they must affiliate with the party before receiving that parties' primary election ballot.

The Three Voting Method Options in Kansas- It's each voter's prerogative to choose for themselves As a Shawnee County voter, you have the same opportunities to cast a ballot this yearthat you have always had. During the upcoming August 4th Primary Election, voters will have the opportunity to cast their ballot using any of the three methods that Kansas law requires to be offered: advance voting by mail, early voting in-person at the election office, or at your polling place on Election Day. It is important to remember that it is your right under Kansas Law to choose the method you prefer. Let's review the details of each option here in Shawnee County.

(Continued on reverse side}

1. Advance Voting by Mail This option requires for you to submit a completed, signed application form and send it to the Election Office [KSA 25-1122]. The application forms are available from our office, on our website and from the Kansas Secretary of State. The applications may be submitted via mail or hand delivered (3420 5W Van Buren Street, Topeka, KS 66611) or fax {785-251-5999) or email (electionoffice@snco.us). We cannot accept or process applications after July 28, 2020 [KSA 25-1122]. Upon receiving and processing your completed application, we will send your specific ballot and verification return envelope to you via the U.S. Postal Service. We cannot begin mailing ballots this year until July 15, 2020 [KSA 25-1123]. State law requires that the ballot be returned to us in the specific envelope provided [KSA 25-1120] and that the required information on the specific envelope be completed [KSA 25-1120]. The voter's signature on all applications and ballot envelopes will be verified by the Election Office [KSA 25-1122]. These ballots must be received with a post mark of Election Day (August 4, 2020) or before if returned by mail [KSA 25-1132]. They may be returned to us via personal hand delivery prior to 7:00Pm on Election Day [KSA 25-1132]. Every election we receive complaints from voters about unknown persons wanting to deliver their voted ballot to the Election Office. Please take caution and be certain when handing off your civil right to vote to someone else.

To check the status of your application or ballot online, go to: https://myvoteinfo. voteks.org/voterview. As always you are welcome to call the office at 785-251-5900 or email us at electionoffice@snco.us if you have any questions or just want to verify that your ballot was received by the office.

2. Early In-person Voting at the Election Office Every voter has the option to vote Early In-Person at the Shawnee County Election Office (3420 SW Van Buren Street, TGpeka, KS 66611) at the following dates & times:

Monday, July 20, 2020- Friday, July 24, 2020 from 8:00am to 7:00pm Monday, July 27, 2020- Friday, July 31, 2020 from 8:00am to 7:00 pm

Monday, August 3, 2020 from 8:00am to 12:00 pm (NOON) [KSA 25-1122]

This option may look a bit different than in the past as we plan to observe social distancing and other Federal, State and local guidance in place at the time.

3. Election Day at your designated Polling Place Election Day voting at polling places for this election will be an available option to the voters. However, due to the COVID-19 Corona virus, the list of Shawnee County polling places for the 2020 Primary Election may change at the request of each facility, without much prior notice. Please check the Election Office website at: http://www.snco.us/election/ for the most current information. This option may also look slightly different with more attention to social distancing and other Federal, State and local guidance in place at the time.

Please check & verify your voter registration! The provisional voting process is truly a safety net for voters and their votes. However, the very best way to not need this safety net is to ensure that your voter registration is accurate prior to the voter registration deadline (close of business on Tuesday, July 14, 2020) [KSA 25-2311]. Please consider checking your registration online at: https://mvvoteinfo.voteks.org/voterview while there is still time to update it I

I hope you found this information to be helpful and informative. Please feel free to check the Shawnee County Election Office website for further updates as they become available in this ever-changing COVID-19 environment.

We at the Shawnee County Election Office work very hard for you in order to honestly, fairly and according to law administer elections for all voters; and to accurately report the results in a timely manner.

Thanks!

Save timeJ Email your completed application to: electionoffice@snco.us

· . .APilli9;:ttiQn fpl' Aclvan¢e ~allotpy Mail· Returii.io: -~fiiaw-nee cauniy Ele-dli:il1office ·

3420 SW Van Buren St, Topeka, KS 66611 Fax: 785-251-5999 Phone: 785-251-5900

1. Affirmation

Affinnation of an Elector of the County of Shawnee and State of Kansas Desiring to Vote an Advance Voting Ballot

State of , County of , ss: (where application is completed)

2. Voter Identification Requirements

II

I understand that my current and valid Kansas driver's license number or Kansas nondriver's identification card number

must be provided in order to receive a ballot.

Current Kansas driver's license number or nondriver's identification card number:---------------

If I do not have a current and valid Kansas driver's license number or Kansas nondriver's identification card number, I must provide a copy of one of the following forms of photo identification with this application in order to receive a ballot.

U.S. military ID Driver's license issued by Kansas or another state Nand river's ID card issued by Kansas or another state U.S. passport

Student ID card issued by an accredited Kansas postsecondary educationalln.stltution

Concealed carry of handgun license issued by Kansas or another state

Public assistance ID card issued by a government office ID card issued by an Indian tribe

Employee badge or ID document issued by a government office

3. Personal Information Please print.

Last Name First Name M.l. Date of Birth jMMIODIYY)

Residential Address City State Zip Code

Political Party (To be filled In only when requesting a primary election ballot): 0 Democratic 0 Republican

4. Address to Mail Ballot (if different from residential address)

Mailing Address City Stale Zip Coda

Note: The ballot may be mailed only to the voter's residential or mailing address as indicated on the county voter registration list, to the voter's temporary residential address, or to a medical care facility where the voter resides. These restrictions do not apply to a voter who has an illness, disability or who lacks proficiency in the English language. Ballots cannot be mailed until 20 days before the election.

5. Voter Signature Note: False statement on this affirmation is a severity level 9, nonperson felony.

I do solemnly affirm under penalty of perjury that I am a qualified elector residing at the address listed above, or I am

authorized to sign for the above named voter who has a disability preventing the voter from signing an application. I

am entitled to vote an advance voting ballot and I have not voted and will not otherwise vote at thet.RJirn~ry;election to be held 9nALi9u~tAffi. i-~o2o.

-. --·----

1@@11§·• Signature of Voter Dale (MMJ!JDNY) Phone Number

FOR OFFICE USE ONLY Date App. Rec'd. Ballot Mailed Transmitted by---­

Prescribed by the Office of Secretary of State Scott Schwab, 1st Floor, Memorial Hall, 120 S.W. 10th Avenue, Topeka, KS

66612-1594. KSA 25-1122d(a). Rev 2/B/2020 JG

Primary Election Calendar for 2020 -f! * June 1 Monday

June 20 Saturday

Tuesday

Deadline at 12:00 Noon for Candidates to File or Withdraw K.S.A. 25-205, -3oaa

Last Day to Change Party Affiliation K.s.A. 25-3304(bl (Will reopen approximately Sept 1, at the conclusion of State Board of Canvassers)

Federal Service Ballots to be Mailed K.S.A. 25-1220

Last Day to Register to Vote K.S.A. 25-2311(a)(3) July 14

July 15 Wednesday Begin mailing Advance Voter Ballots K.S.A. 25-1123

July 20 Monday

July 27 Monday

July 28 Tuesday

July 31 Friday

Aug 3 Monday

Advance Voting in the Office Begins 8:00am to 7:00pm K.s.A. 25-1123, -1122(g)

Advance Voting Office Hours 8:00 am to 7:00 pm GEC Receipts & Expenditures Reports Due (Jan. 1 to July 23) K.s.A. 25-414B(a)(1)

Deadline for Local & Township Candidates to file Affidavits of Exemption for campaigns under $1,000.00 K.S.A. 25-904(a), -4173

Deadline for Office to receive Advance Mail Ballot applications K.s.A. 25-1122(f)(1)

Public Test of Voting Equipment begins 8:30am K.s.A. 25-4411(b), -4a1o(b)

Last full day of Advance Voting in the Office hours 8:00 am to 7:00 pm

AdvanceVoting in the Office Ends at 12:00 Noon K.s.A.25-1122(g)

Candidates to remove signs within 250 feet of any polling place entrance K.S .A. 25-2430

August 4 Tuesday Election Day K.s.A.25-203

7:00 am - Polls Open K.s.A. 25-1oa

Police/Sheriff will be informed of Candidate Signs within 250 feet of any. polling place entrance K.s.A. 25-2430

7:00 pm Deadline for the Close of Polls K.S.A. 25-106

7:00 pm Deadline for. Advance Votep Ballots to be returned to Election Office or polling places K.S.A. 25-1132, 25-1124(d)

Aug 5 Wednesday Voter Registration Books Re-open K.s.A. 25-2311(a)

Aug 17 Monday

Sept 1 Tuesday

Sept 3 Thursday

c.'23i2020 ! 2:31 PM

County Board of Canvassers Meets at 9:00 am at the Election Office K.S.A. 25-3104

Party Affiliation can be changed after the conclusion of the State Board of Canvassers K.S.A. 25-3304 (Date Approximate)

Township Reports of Expenditures and Contributions due K.s.A. 25-904(b)

Andrew Howell, Election Commissioner Election Office: 3420 SW Van Buren Street, Topeka, Kansas 66611 Telephone: (785) 251-5900 Fax: (785) 251-5999 E-Mail: electionoffice@snco.us Web Site: www.snco.us/election

Public Health

Shawnee County Health Department Linda K. Ochs, Director

2600 SW East Circle Dr., Topeka, KS 66606 Ph. 785.251.5600 I Fax 785.251.5696

www.shawneehealth.org Prevent. Promote. Protect.

Shawnee County Health Department

June 26,2020

TO:

FROM:

RE:

Board of County Commissioners of the County of Shawnee, Kansas

Linda K. Ochs, Director c/.f.iJ Approval to Fill a Health Promotion Coordinator Position (PCN HA1078C)

Action Requested: Approval to fill a Health Promotion Coordinator position (PCN HA1078C) in the Community Health Outreach and Planning Division and any subsequent positions which become vacant from filling this position at an annual salary of $63,470.00 including benefits.

A recent inter-county transfer has created a vacancy in this position. The Health Promotion Coordinator in collaboration with other Health Department personnel, volunteers, community partners and grant subcontractors; builds relationships and implements strategies with community based organizations, worksites, healthcare providers and policy makers.

This position specifically provides coordination for the Chronic Disease Risk Reduction grant, leads the Health Departments Employee Wellness Committee, assists in the coordination of outreach activities in the Shawnee County community, and supervises the Health Promotion Specialist.

50% of the funding for this position comes from the Chronic Diseases Risk Reduction grant, the additional 50% of the funding comes from tax allocation and is included in the current Health Department budget.

This request has been reviewed with Shawnee County Human Resources.

Range 15 Step 1 Benefits TOTAL

Effective Date: Department Name: Pay Class: PCN: Job Title:

21.37/hr x 2,080 hours= $44,450 $19,020 $63,470

To be determined based on approval of this request Shawnee County Health Department 140 HA1078C Health Promotion Coordinator

Healthy People- Healthy Environment- Healthy Shawnee County

Board of County Commissioners Shawnee County, Kansas December 5, 2018 Page2

Job Code: Division: Check Distribution: Calendar: FTEAmount: Salary Index Key: Wage: Anniversary Date:

19187 LHD HA01 Hourly 1 FTE CLAS/15/01 $21.37 per hour To be determined based on approval of this request

Annual Leave Accumulation: Starting at 4 hours per pay period and increasing under the regular intervals as prescribed in the Human Resources Policy Manual

LKO/ C: Betty Greiner, Director of Administrative Services

Angela Lewis, Shawnee County Human Resources Director Craig Barnes, Community Health Outreach and Planning Division Manager

Healthy People- Healthy Environment- Healthy Shawnee County

Public Health Prevent. Promote. Protect.

Shawnee County Health Department

June 26, 2020

TO:

FROM:

RE:

Board of County Commissioners of the County of Shawnee, Kansas

Linda K. Ochs, Director c/... '(._,(:) Kansas Health Institute Agreement

Shawnee County Health Department Linda K. Ochs, Director

2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I Fax 785.251.5696 www.snco.us/hd/

www .shawneehea lth.org

Action Requested: Approval to enter into an agreement with Kansas Health Institute to provide data analytic support at a cost not to exceed a total of $40,450.00 through December 31,2020, to be paid by COVID-19 grant funds.

In response to the COVID-19 outbreak the Shawnee County Health Department (SCHD) uses data to determine how to safely proceed with community restrictions and recommendations. Gathering this data and creating reports was the duty of the SCHD Epidemiologist. The Epidemiologist resigned her position in April and other staff have filled in temporarily. SCHD is in the process of hiring another Epidemiologist. After that person begins employment they will need to be trained on the processes and systems being used for reports.

We are requesting approval of an agreement with the Kansas Health Institute to manage these reports and create new reports as needed. The Kansas Health Institute supports effective policymaking through nonpartisan research, education and engagement. KHI believes evidence­based information, objective analysis and civil dialogue enable policy leaders to be champions for a healthier Kansas. Established in 1995 with a multiyear grant from the Kansas Health Foundation, KHI is a nonprofit, nonpartisan educational organization based in Topeka. Along with their research for policy makers KHI supports local health departments in work such as strategic planning and community health needs assessments. KHI partnered with Heartland Healthy Neighborhoods last year to create the Shawnee County Community Health Needs Assessment.

Due to the scarcity of available providers for this service and the urgency of onboarding assistance for SCHD staff I am asking to waive the purchasing policy requirement of obtaining three bids. The cost will be covered by COVID-19 Grant funds and CARES Act funds.

LKO/jmp Attachments C: Betty Greiner, Director of Administrative Services

Edith Gaines, SCHD Finance Officer Craig Barnes, Division Manager, Community Health Outreach and Planning

Healthy People- Healthy Environment- Healthy Shawnee County

S.

SHAWNEE COUNTY CONTRACT NO. C 2 i.fy -2020

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

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

1. SERVICES TO BE PERFORMED

A. Contractor agrees to perform the following services:

1. Data Analytic Support (Firm-Fixed-Price Activities)

1. Daily Updates- KHI will conduct the analysis for the daily update of the COVID-19 Summary Report Monday through Friday, excluding KHI official holidays (July 3, September 7, November 26-27, December 25-31). KHI will follow the technical notes provided by SCHD in carrying out the analysis, including troubleshooting.

ii. Refine Query Process - KHI will review the current system and either refine it or suggest a new process that will be sustainable by SCHD. Coordination between KHI and SCHD will be needed for this task to be a success.

iii. Project Oversight- KHI will provide project management oversight and quality assurance for analyses conducted for Daily Updates, Ad Hoc Requests and Refme Query Process based on data available to us.

2. Ad Hoc Requests (Not-to-Exceed Activities)

i. KHI may receive additional requests for analysis and questions from SCHD and the Health Officer. KHI will track the number of requests and the hours incu11'ed by KHI and will notify SCHD at least monthly of the balance owed for this activity, not to exceed the budgeted amount reflected in Exhibit 1.

B. County agrees to perform the following services:

1. Download data from EpiTrax each morning from Monday through Friday and deliver to KHI for preparation of the Daily Updates;

u. Provide the weekly dashboard updates based on the Metrics Dashboard charts in the Summary Report Spreadsheet. The dashboard is posted at https://experience.arcgis.com/experience/ea2bl340b0694c2681268b5d1476b7 3e).

iii. Manage the communications with community stakeholders for their Ad Hoc Requests; and

1

iv. Provide KHI project team members with access to SCHD SharePoint site and SCHD email accounts, both of which shall be used for the sole purpose of securely sharing the data necessary to conduct the identified work.

This Agreement shall commence on July 1, 2020, and shall end on December, 24, 2020 unless sooner terminated or extended in writing and signed by both parties.

2. PAYMENT

In consideration of the services to be performed by Contractor, County agrees to pay Contractor as defined below based on a Film-Fixed-Price of $30,450. In addition, County agrees to pay up to $10,000 total over the term of the Agreement for Ad Hoc Requests, per Exhibit 1, Budget, attached hereto and made a part of this Agreement. Each invoice shall provide a summary of the tasks performed for that month, including a summary of the ad hoc requests caJ.Tied out each month, not to exceed the budgeted amount. Should County have questions on the invoice or the performance of Contractors work, County shall seek resolution. Otherwise, payments will be made within 30 days of an acceptable invoice. All invoices shall be submitted electronically to hapurchasing@snco.us.

Contractor shall be responsible for all expenses incun-ed while performing services under this Agreement for the Firm-Fixed-Price activities. This includes equipment; supplies; telephone expenses; automobile and other travel expenses; meals and entertainment; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or conb.·act personnel Contractor hires to complete the work under this Agreement.

'"-~·'"*""''' i;~~-iir~~if'1;~;~:t~0' ~·'<"'''''"'" dJULI;;;: ~_'c<·.~- ~~~~=~J:e?;i'i':~n:$'*:~1,~;~;\:::~~)-ti~lFt;;'; ~"··[\~~lr&n[ti~rl~i'~1 k~Q@~;;;:r; Upon execution of this Agreement $4,350 Submit an invoice by 8/15/2020 for work performed through July 2020 $4,350 Submit an invoice by 9115/2020 for work performed through August 2020 $4,350 Submit an invoice by 10/15/2020 for work performed through September 2020 $4,350 Submit an invoice by 11/15/2020 for work performed through October 2020 $4,350 Submit an invoice by 12/15/2020 for work performed through November 2020 $4,350 Submit an invoice by 1/15/2021 for work performed through December 2020 $4,350

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION

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

a. Contractor has the right to perform services for others during the term of this Agreement.

b. Contractor has the sole right to control and direct the means, manner and method by which the services required by this Agreement will be pe1formed.

c. Contractor shall not be assigned a work location on County premises, and Contractor has the right to perform the services required by this Agreement at any place, location or time.

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d. Contractor will furnish all equipment and materials used to provide the services required by this Agreement.

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

f Contractor or Contractor's employees or contract personnel shall perform the services required by this Agreement and Contractor agrees to the faithful perfmmance and delivery of described services in accordance with the time frames contained herein; County shall not hire, supervise or pay any assistants to help Contractor.

g. Neither Contractor nor Contractor's employees or contract personnel shall receive any training from County in the skills necessary to perfmm the services required by this Agreement.

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

Further, Contractor hereby certifies:

1. That Contractor is not an employee of County and thereby Contractor waives any and all claims to benefits otherwise provided to employees of the County, including, but not limited to: medical, dental, or other personal insurance, retirement benefits, unemployment benefits, and liability or worker's compensation insurance.

J. Contractor must provide Federal Tax or Social Security Number on required Form W-9.

k. That Contractor understands that he/she is solely responsible, individually for all taxes and social security payments applicable to money received for services herein provided. Contractor understands that an IRS Fonn 1099 will be filed by the County for all payments received.

4. INDEMNIFICATION AND HOLD HARMLESS

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

5. INSURANCE

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

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6. OWNERSHIP OF PRODUCTS/DOCUMENTS

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

7. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION.

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

8. ANTI-DISCRIMINATION CLAUSE.

The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because ofrace, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is· found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a Contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

9. ACCEPTANCE OF CONTRACT.

This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Commissioners of the County of Shawnee, Kansas.

10. ARBITRATION, DAMAGES, WARRANTIES.

Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and

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late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied wan·anties of merchantability and fitness for a particular purpose.

11. REPRESENTATIVE'S AUTHORITY TO CONTRACT.

By signing this document, the representative of the Contractor thereby represents that such person is duly authorized by the Contractor to execute this document on behalf of the Contractor and that the Contractor agrees to be bound by the provisions thereof.

12. TERMINATION OF AGREEMENT

This Agreement may be terminated by either party by giving the other party written notice of the intent to terminate. The notice must specify a date upon which the termination will be effective, which date may not be less than 7 calendar days from the date of mailing the notice. Only services satisfactorily perfonned up to the date of receipt of notice shall be compensated by County and such compensation shall be pursuant to the terms of this Agreement. Notice shall be deemed received 3 days after mailing in the United States mail, using first class mail, postage prepaid.

13. AUTOMATED CLEARING HOUSE (ACID

Shawnee County prefers to pay its vendor invoices via electronic funds transfers through the automated clearing house (ACH) network. Shawnee County may require vendors to accept payments via ACH. To initiate payment of invoices, vendors shall execute the County's standard ACH Vendor Payment Authorization Agreement. Upon verification of the data provided, the Payment Authorization Agreement will authorize the County to deposit payment for services rendered or goods provided directly into vendor accounts with financial institutions. All payments shall be made in United States currency.

14. MISCELLANEOUS PROVISIONS

a. This Agreement shall be entered into in Shawnee County, Kansas, and shall be construed and interpreted according to the law of the State of Kansas.

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

c. Contractor shall comply with all federal, state and local laws requiring business pem1its, certificates and licenses required to carry out the services to be performed under this Agreement.

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

e. This Agreement constitutes the entire agreement between the parties and may only be modified or extended by a written amendment signed by the parties hereto.

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.-------------------------------------------------

f. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occunence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.

g. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than County and Contractor.

IN WITNESS WHEREOF, County and Contractor have executed this Agreement.

ATTEST:

COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

William D. Riphahn, Chair

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

Cynthia A. Beck, Shawnee County Clerk

CONTRACTOR

Printed Name: Robert F. St. Peter, M.D., President and CEO

Date: June 26, 2020

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Exhibit 1- Budget

Task Hours Compensated Compensation

Daily Updates 420 hours (average 15 hrs/week) $20,000

Refine Query Process 70 hours total $5,000

Project Oversight 42 hours (average 1.5 hrs/week) $5,450

SUBTOTAL- Firm-Fixed Price $30,450

Ad Hoc Requests Up to 112 hours (average 4 hrs/week) $10,000

GRAND TOTAL $40,450

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SHAWNEE COUNTY HEALTH DEPARTMENT BUSINESS ASSOCIATE AGREEMENT

ADDENDUM TO SHAWNEE COUNTY CONTRACT C----

TillS BUSINESS ASSOCIATE AGREEMENT ("Agreement") is made and entered into on this day of 20_ by and between the Board of County Commissioners of the County of Shawnee, Kansas on behalf of the Shawnee County Health Department, (hereinafter "Covered Entity"), and Kansas Health Institute ("Business Associate"), collectively "the Parties".

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

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

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

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

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

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

1. Definitions

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

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2. Obligations and Activities of Business Associate

Business Associate agrees to:

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

b. Use appropriate safeguards to prevent any Use or Disclosure of Protected Health Information other than those permitted by this Agreement. Business Associate shall implement administrative safeguards as required under 45 C.P.R. 164.308, physical safeguards as required under 45 C.P.R. 164.310 and technical safeguards as required by 45 C.P.R. 164.312 that reasonably and appropriately protect the confidentiality, integrity, and security of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity, as required by HIP AA.

c. Report to Covered Entity any Use or Disclosure of Protected Health Information not provided for by this Agreement of which it becomes aware, including breaches of Unsecured Protected Health Information as required at 45 C.P.R. 164-410, and any Security Incident ofwhich it becomes aware.

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

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

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

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

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

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

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

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

g. Maintain and make available the information required to provide an accounting of Disclosures to the Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.P.R. 165.528 within five (5) business days from a request by an Individual or by the Covered Entity.

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

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

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

3. Permitted Uses and Disclosures by Business Associate

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

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

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

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

i. Business Associate may Disclose Protected Health Information for the proper management and administration of Business Associate or to carry out the legal responsibilities of the Business Associate, provided the Disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is Disclosed that the information will remain confidential and Used or further Disclosed only as Required By Law or for the purposes for which it was Disclosed to the person, and the person notified Business Associate of any instances of which it is aware in which the confidentiality of the information has been Breached.

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

4. Obligations of Covered Entity

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

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

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

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

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5. Term and Termination

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

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

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

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

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

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

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

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

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

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

6. Miscellaneous Provisions

a. Indemnification. Business Associate will indemnify, defend, and hold harmless Covered Entity and its respective directors, officers, employees, and affiliates from and against all claims, actions, damages, losses, liability, fines, penalties, costs, expenses, or reasonable mitigation or remediation services, including, without limitation, reasonable attorney's fees, incurred by Covered Entity arising from or in connection with any breach of this Agreement, or any negligent or wrongful acts or omissions in connection with this Agreement, by Business Associate or its directors, officers, employees, Subcontractors, or agents.

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

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

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

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

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

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

If to Covered Entity:

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If to Business Associate: Kansas Health Institute 212 SW 8th Avenue, Suite 300 Topeka, KS 66603-3936 Attn: Nancy Ruf I contracts@khi.org

IN WITNESS WHEREOF, each of the undersigned has caused this Agreement to be duly executed in its name and on its behalf effective as of the day of ____ _ 2020.

COVERED ENTITY BUSINESS ASSOCIATE

By ___________ __

Print Name ---------- Print Name Robert F. St. Peter, M.D.

Print Title Print Title President and CEO -----------

Date Date June 26, 2020 ------------

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Public Health Prevent. Promote. Protect.

Shawnee County Health Department

June 26, 2020

TO:

FROM:

Board of Commissioners Shawnee County

Linda Ochs, Director r/. W

Shawnee County Health Department Linda K. Ochs, Director

2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I Fax 785.251.5696

www .shawnee health .o rg

RE: Memorandum of Understanding with United Way to serve as fiscal agent for , Early Childhood Block Grant

Action Requested: Approve Memorandum of Understanding (MOU) with United Way to serve as, fiscal agent for Early Childhood Block Grant with an award of $256,063 for the Health Department.

Capital Area Successful Start (CASS) is a collaboration of agencies who work with pregnant and parenting mothers and their children in Shawnee County. The collaboration consists of Shawnee County Health Department (SCHD), Kansas Children's Service League, TARC, Family Service and Guidance Center, USD 501 Parent's As Teachers, Community Action, Childcare Aware and United Way. The CASS collaboration is funded by the Early Childhood Block Grant (ECBG) from the Kansas Children's Cabinet and Trust Fund. The United Way of Greater Topeka has served and desires to continue serving as fiscal agent for the ECBG. This MOU allows SCHD to partner with the United Way on the ECBG. SCHD's funds from the ECBG serve as match for the Outreach, Prevention and Early Intervention Services grant through Kansas Department of Health and Environment.

The funds from this agreement provide support for the Shawnee County Nurse Family Partnership (NFP) Program. NFP is an evidence-based, community health program which serves low-income women who are pregnant with their first child. Each vulnerable new mom is partnered with a registered nurse early in her pregnancy and receives ongoing nurse home visits. It is a life-transforming partnership, for the mother and her child. NFP helps families, and the communities in which they live, become stronger while saving money for state, local and federal governments.

The ECBG period runs for 12 months from July 1, 2020 through June 30, 2021 with a total award of $256,063. There is a 20% match for the ECBG which amounts to $51,213 for the 12 month period from July 1, 2020 through June 30, 2021. The match dollars come from SCHD's tax allocation and are included in the 2020 and 2021 budgets.

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

Edith Gaines, SCHD Finance Officer Teresa Fisher, Family Health Division Manager

Healthy People- Healthy Environment- Healthy Shawnee County

F 3,

SHAWNEE COUNT'~ CONTRACT '#. C :(~~ .:l.O':l..O

Introduction

MEMORANDUM OF UNDERSTANDING

United Way of Greater Topeka &

Shawnee County Health Department

Capital Area Successful Start (CASS) is a collaboration of agencies that work with pregnant and parenting mothers and their children in Shawnee County Kansas. The collaboration consists of Kansas Children's Service League, TARC, Family Service and Guidance Center, USD #501 Parents as Teachers, Shawnee County Health Department, Community Action Head Start and Early Head Start, Child Care Aware and Successful Connections. The CASS collaboration is funded by the Early Childhood Block Grant from the Kansas Children's Cabinet and Trust Fund. United Way of Greater Topeka serves as fiscal agent for the grant. All collaboration partners are equally responsible to the ECBG grant requirements.

Based on the Kansas Early Childhood Block (ECBG) grant award from the Kansas Children's Cabinet and Trust Fund to United Way of Greater Topeka, an agreement to contract with Shawnee County Health Department is hereby established. This agreement, entered into on this __ day of , by and between United Way of Greater Topeka, a not-for-profit corporation organized under the laws of the State of Kansas, 1527 SW Fairlawn Road, Topeka, Kansas, 66604 (hereinafter referred to as United Way) and Shawnee County Health Department Nurse Family Partnership (hereinafter referred to as "Shawnee County Health Department"), 2600 SW East Circle Dr. S, Topeka, KS 66606 is made under the following terms:

Scope of Work

As the fiscal agent, United Way will: • Compile the ECBG grant budget and maintain the approved and binding budget for the

partnership. No other budget other than the approved budget will be valid. • Maintain and keep updated on a monthly basis, all accounting records related to the ECBG

grant. • Provide CASS partnership with at least a quarterly report of the actual expenses and remaining

balance by partner by line item for the grant including all partners. • Compile financial reports and invoice the State of Kansas for funds on behalf of CASS. • Pay CASS partners based on approved invoices which provide the level of detail as required

by the Kansas Children's Cabinet and Trust Fund. • Develop and submit budget revisions to the State of Kansas based on CASS partners needs and

after CASS partners have approved the budget revision. • Withhold payment on an invoice if the invoiced amount exceeds the budgeted line item amount

by more than 10% or if all of the required documentation is not provided.

As part of the CASS partnership, Shawnee County Health Department will: • Submit financial reports as required by United Way based on reporting requirements from the

Kansas Children's Cabinet and Trust Fund by the lOth of every month. United Way will make payments to Shawnee County Health Department after receipt of required reports once they are found to be accurate and within the currently approved budget.

• Agree not to exceed by 10% of the approved budget in any line item of the total amount awarded to Shawnee County Health Department cumulatively during the grant period. Shawnee County Health Department cannot invoice United Way based on a budget revision that is pending approval.

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• Agree to provide United Way of Greater Topeka with a revised budget if: o Shawnee County Health Department wishes to move more than 10% of their approved

budget line items to other budget line items. Proper documentation with an explanation of the move will be required.

o Shawnee County Health Department wishes to give to or receive fi.mding from another CASS partner.

• Submit program reports to the ECBG Program Manager as required by the Kansas Children's Cabinet and Trust Fund.

• Complete the required assessments and enter data into the DAISEY system as required by the Kansas Children's Cabinet and Trust Fund.

• Provide services to the community as described in the approved grant scope of work as approved by the Kansas Children's Cabinet and Trust Fund.

• Shawnee County Health Department will not incur expenses or obligations assumed in excess of the total amount stated above without the prior written approval of United Way. However, in the event of termination or severability, payments will be only paid through the date of termination or severability.

Duration

The services covered by this agreement shall extend for a period of twelve (12) months, beginning on July 1, 2020 and continuing through June 30, 2021 and is subject to renewal only by further written agreement.

Costs and Payments United Way agrees to reimburse Shawnee County Health Department no more than Shawnee County Health Department's total budget to cover the costs of all direct labor, supervision, supplies, materials, and other indirect costs necessary for the execution of the work as specifically set out in Shawnee County Health Department's proposed budget.

12 Month ECBG Award Total for Shawnee County Health Department: $256,063

If additional grant funds are available at the end of the grant year the collaboration partners will determine how to divide those funds.

Monthly Financial Reporting Forms should be sent to: invoices@unitedwaytopeka.org Valerie Thieme, ChiefFinancial Officer United Way of Greater Topeka

Payments should be sent to: (to be filled in by the partner agency) Agency Name: Shawnee County Health Department Agency FEIN: 48-6028759 Agency's Accounting Contact: c/o Edith Gaines Phone:785-251-2131 Email: edith.gaines@snco.us Fax: 785-251-2096 Mailing Address: 2600 SW East Circle Dr. Topeka, KS 66606

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Warranty United Way agrees that the information provided to Shawnee County Health Department under this agreement will be reasonably accurate in accordance with scientifically accepted standards. United Way disclaims all warranties including all implied warranties of merchantability and fitness for a particular purpose.

Nature of Relationship United Way shall not act as an agent for Shawnee County Health Department, nor shall any United Way employee be deemed to be an employee of Shawnee County Health Department for any purposes whatsoever. Shawnee County Health Department shall not enter into any agreement nor incur any obligations on behalf of United Way nor commit United Way in any manner without the prior written consent ofPresident/CEO.

Shawnee County Health Department shall not act as an agent for United Way, nor shall any Shawnee County Health Department volunteer, employee or intern be deemed to be an employee of United Way for any purposes whatsoever. United Way shall not enter into any obligations on behalf of Shawnee County Health Department nor commit Shawnee County Health Department in any manner without the prior written consent of Shawnee County Health Department

Publicity United Way will not use directly or by implication the name of Shawnee County Health Department or the name of any employee of Shawnee County Health Department in any written statements, information, publicity or advertising of any nature; unless a copy is submitted and written approval is obtained prior to the disclosure of any such statement, information, publicity or advertising.

Extension The parties may agree to continue the terms of the agreement beyond the termination date for additional periods under terms provided for in writing and approved by both parties. Such an extension must be reached not less than 30 days prior to the expiration date set out in this agreement.

Termination Either party may terminate this agreement provided written notification is received by the other party 30 days prior to the proposed termination date.

Severability If any clause, provision or section of this agreement is held to be illegal or invalid by any court, the invalidity of such clause, provision, or section shall not affect any of the remaining clauses, provisions or sections hereof and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein.

Contractual Provisions a). 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.

b). Agreement with Kansas Law: All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

c). Disclaimer of Liability: Neither Shawnee County Health Department nor any agency thereof shall hold harmless or indemnifY any contractor beyond that liability incurred under the Kansas Tort Claims Act (K.S.A. 75-6101 et. seq.).

3

d). Acceptance of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

e). Entirety of Agreement: This contact shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

f). 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.

In witness whereof, United Way and Shawnee County Health Department have executed this agreement as of the dates written below.

UNITED WAY OF GREATER TOPEKA

Jessica Lehnherr, CEO/President

SHAWNEE COUNTY HEALTH DEPARTMENT

William D. Riphahn, Chair

Board of County Commissioners, Shawnee County, KS

June 19, 2020 Date

Date

4

Rev. 10/2018 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C 2 "iS- :Z 0 ~ 0

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned 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 dated the ___ day of --------~ 20 __ .

!. 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.

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

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnifY any contractor for any liability whatsoever.

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

6. ACCEPTANCE OF CONTRACT. This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Commissioners of the County of Shawnee, Kansas.

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

8. REPRESENTATIVE'S AUTHORITY TO CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY FOR TAXES. The County shall not be responsible 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.

I 0. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

II. AUTOMATED CLEARING HOUSE (ACHl. Shawnee County prefers to pay its vendor invoices via electronic funds transfers through the automated clearing house (ACH) network. Shawnee County may require vendors to accept payments via ACH. To initiate payment of invoices, vendors shall execute the County's standard ACH Vendor Payment Authorization Agreement. Upon verification of the data provided, the Payment Authorization Agreement will authorize the County to deposit payment for services rendered or goods provided directly into vendor accounts with financial institutions. All payments shall be made in United States currency.

VENDOR/CONTRACTOR:

JessicaLehnherr ~ ~ By:

CEO/President

Title:

6-26-2020

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

William D. Riphahn, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

PubHcHealth

Shawnee County Health Department Linda K. Ochs, Director

2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I Fax 785.251.5696 Prevent. Promote. Protect.

Shawnee County Health Department

June 29,2020

TO:

FROM:

Board of County Commissioners of the County of Shawnee, Kansas

Linda K. Ochs, Director~

www.shawneehealth.org

RE: Renewal of Agreement with Kansas Children's Service League- Outreach, Prevention and Early Intervention Services

Action Requested: Approval to renew the agreement between Kansas Children's Service League- Outreach, Prevention and Early Intervention Services (KCSL) and the Shawnee County Health Department (SCHD) from July 1, 2020 through June 30, 2021, providing access for KCSL to funds totaling $361,000.

On May 4, 2020, the Board of County Commissioners approved an agreement with the Kansas Department of Health and Environment, Division of Health Care Finance for Outreach, Prevention and Early Intervention Services. This agreement between KCSL and SCHD provides the opportunity for KCSL to receive funds from this program and continue offering an intensive horne visitation program for at-risk families with young children or those families who are expecting children. Together, private funds of$448,000 from United Way, fiscal agent for Early Childhood Block Grant, and federal funds in the amount of $448,000 from Medicaid Match, will result in a total of $896,000 in fiscal year 2021 for the Shawnee County Community- $361,000 going to Kansas Children's Service League and $535,000 to SCHD. There is no cost to the county.

All services to families are voluntary and are focused on helping at-risk families be successful. The SCHD public health nursing model of this program is called Nurse-Family Partnership and the KCSL model is called Healthy Families Topeka. These programs are evidence-based prevention programs.

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

Teresa Fisher, SCHD Family Health Division Manager Edith Gaines, SCHD Finance Officer

Leading the Way to a Healthier Shawnee County

c 2'1' SHAWNEE COUNTY AGREEMENT NO. -2020

OUTREACH, PREVENTION AND EARLY INTERVENTION SERVICES KCSL

Now, on this day of , 2020, the Kansas Children's Service League, hereinafter referred to as "KCSL", and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter referred to as the "County", providing the described services through the Shawnee County Health Department, hereinafter referred to as "the County" do come together and make the following statements, covenants and agreements;

WHEREAS, the County has contracted with the Kansas Department of Health and Environment, hereinafter referred to as "KDHE", to provide Outreach, Prevention and Early Intervention Services and,

WHEREAS, the County wishes to enter into an agreement with KCSL in order to implement KCSL's responsibilities under the KDHE contract, and KCSL wishes to assume responsibility for performing said services.

NOW, THEREFORE, in consideration of the mutual agreements and covenants hereinafter stated, the parties agree as follows:

1. Subrecipient of Federal Award. KCSL is considered a subrecipient ofthe Federal Award that the County is receiving through KDHE. (CFDA number 93.778 -Medial Assistance Program through the Department of Health and Human Services). As a subrecipient, KCSL agrees to follow 2 C.P.R. Part 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards."

2. Provisions in Shawnee County Contract No. C176-2018 as amended Incorporated into this Agreement. Attached hereto, marked as Exhibit "A" is Shawnee County Contract No. C176-2018, as amended by Contract No. C174-2020. KCSL agrees to be bound by the terms and conditions specified in Shawnee County Contract No. C176-2018, as amended, including all attachments.

3. KCSL's Obligations and Services.

a. KCSL agrees, in partnership with the County, to assume and satisfy the Service Contractor Responsibilities as stated in Section III of Shawnee County Contract No. C176-2018, as amended.

b. KCSL will submit to the Shawnee County Health Department, attachments B, C & D of Exhibit A by the 15th of the month following the quarter end. In addition to those attachments, KCSL will include their Early Childhood Block Grant affidavits that were submitted to United Way of Greater Topeka for that quarter.

c. Upon receipt by the County ofKCSL's indirect cost rate approval from KCSL's federal cognizant agency, or similar documentation meeting the Uniform Guidance standards, KCSL may report indirect costs at their approved rate.

d. KCSL will submit their audited financial statements and A-133 audit to the County no later than one (1) month after its completion.

e. KCSL will submit a copy of their Health Insurance Portability and Accountability Act Notice ofPrivacy Practices to the County no later than one (1) month after execution ofthis agreement.

f. KCSL will submit a copy of their accreditation certificate from the Healthy Families America program within one (1) month ofKCSL's receipt of said certificate.

4. County's Obligations and Services.

a. The County will review a sample of all financial documentation for one quarter of the grant year to determine that all expenditures were allowable and included in the appropriate period of performance. The County will determine which quarter will be reviewed. KCSL agrees to provide any and all documentation and information requested by the County in order for the County to make this assessment.

b. The County will audit KCSL's eligibility verification processes to verify that they are meeting the standards listed in Section III of Shawnee County Contract No. C 176-2018, as amended .. KCSL agrees to provide any and all documentation and information requested by the County in order for the County to make this assessment.

c. Outcomes and data will be tracked and reported by the Shawnee County Health Department. The Department will submit data quarterly and annually regarding the program's success, with the first reports being due one month after the first quarter of the grant year. For purposes of this Agreement, the "grant year" begins on July 1, 2020 and ends on June 30, 2021.

5. Consideration. The County agrees to pay KCSL, and KCSL agrees to accept from County, for services provided hereunder, a sum not to exceed $361,000 during the contract year. The money paid by the County to KCSL under this Agreement is be to derived, from three sources: up to $164,000 from the Early Childhood Block Grant issued to the County from United Way of Greater Topeka, up to $17,000 in additional private donations to meet the remaining match and up to $180,000 from the Outreach, Prevention and Early Intervention Services

program funds issued by KDHE to the County per Contract C176-2018, as amended. The timeframe for payments to KCSL as required by this contract shall correspond with the County's actual receipt of said funds from KDHE on the designated quarterly basis with each related payment due to KCSL not later than thirty (30) days thereafter.

6. Indemnification. KCSL agrees to indemnify, defend, and hold harmless County and its respective directors, officers, employees, and affiliates from and against all claims, actions, damages, losses, liability, fines, penalties, costs, expenses, including, without limitation, reasonable attorney's fees, incurred by County arising from or in connection with any breach of this Agreement, or any negligent or wrongful acts or omissions in connection with this Agreement, by KCSL or its directors, officers, employees, subcontractors or agents.

7. Term and Termination of Agreement. This agreement shall be effective from July 1, 2020 through June 30, 2021. In the event that the private donations, the funds from United Way of Greater Topeka to the County or Federal financial participation from KDHE is not available or becomes unavailable, this Contract shall be automatically terminated without further action by the parties hereto and all obligations assumed hereunder shall cease. In addition, either party may terminate this Agreement by giving the other party written notice of termination at least thirty (30) days prior to the termination date identified in the written notice of termination.

IN WITNESS WHEREOF, each of the undersigned has caused this Agreement to be executed by its duly authorized representatives as of the day and year first above written.

Gail Cozadd, CEO Kansas Children's Service League DUNS #073315350

William D. Riphahn, Chair Board of County Commissioners of the County of Shawnee, Kansas providing services Through the Shawnee County Health Department

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

6(17(20

Date

Date

Rev. 10/2018 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C 2.'ik,.-.2,t':l.0 CONTRACTUAL PROVISIONS ATTACHMENT

The undersigned 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 dated the ___ day of -------~ 20_.

I. 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.

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

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnifY any contractor for any liability whatsoever.

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

6. ACCEPTANCE OF CONTRACT. This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Commissioners of the County of Shawnee, Kansas.

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

8. REPRESENTATIVE'S AUTHORITY TO CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

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

11. AUTOMATED CLEARING HOUSE (ACH). Shawnee County prefers to pay its vendor invoices via electronic funds transfers through the automated clearing house (ACH) network. Shawnee County may require vendors to accept payments via ACH. To initiate payment of invoices, vendors shall execute the County's standard ACH Vendor Payment Authorization Agreement. Upon verification of the data provided, the Payment Authorization Agreement will authorize the County to deposit payment for services rendered or goods provided directly into vendor accounts with financial institutions. All payments shall be made in United States currency.

VENDOR/CONTRACTOR:

~&)~4 By:

CEO

Title:

6(17(20

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

William D. Riphahn, Chair

Date:

ATTEST:

Cynthia A Beck, Shawnee County Clerk

mesa, karen

From: Penry, Janice Sent: To:

Thursday, June 25, 2020 5:51 PM mesa, karen

Subject: Attachments:

FW: Contract Review - Medicaid Match KCSL KCSL 2020 SCHD.docx

Ashley's approval for the Medicaid Match contract.

Janic~Z P~Znry

'(idministratiVIZ Offie~Zr ~haWDIZIZ County 1i!Zalth <f>~Zpartm~Znt 2600 ~W east C'ircl!Z <f>riVIZ fop12ka,Kansas 66606 785.251.5611

From: Biegert, Ashley Sent: Monday, June 08, 2020 10:32 AM To: Fisher, Teresa Cc: Ochs, Linda; Penry, Janice Subject: Contract Review- Medicaid Match KCSL

Good morning, Teresa:

The attached contract with the Kansas Children's Service League for Outreach, Prevention and Early Intervention Services is approved for legality and form.

Thank you,

Ashley R. Biegert Assistant Shawnee County Counselor 200 SE 7th St., Ste. 100 Topeka, KS 66603 Office: (785) 251-4042 Direct: (785) 251-4043 Fax: (785) 291-4902 ashley. biegert@snco. us

1

June 26, 2020

SHAWNEE COUNTY Department of

Emergency Management 200 SE ih Street

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

Errin Mahan, Interim Director

MEMO: Homeland Security Grant Equipment Acceptance

TO: Board of County Commissioners Shawnee County Kansas

FROM: Errin Mahan- Interim Director~ Shawnee County Emergency Management

The attached agreement NE FY 12 IMT Sustainment is for the transfer of grant funded equipment to Shawnee County Emergency Management from the City of Topeka. The equipment is One (1) DELL Latitude Laptop for use by Emergency Management All Hazards Incident Management Team and our partners. Details are provided on the following pages.

Shawnee County would become both the owner and caretaker of the equipment. The equipment can be utilized for emergency management duties in Shawnee County as well as during deployments by IMT Members from Shawnee County Emergency Management.

The DELL Latitude E6430 Laptop is a very valuable piece of equipment, which Shawnee County Emergency Management will use in order to continue the fulfillment of our mission essential functions. There is no direct cost to Shawnee County to accept the equipment.

In accordance with past practices and requirements of the Homeland Security Council, should the equipment be needed in an emergency, incident and/or for an event, Shawnee County Emergency Management would be responsible for delivering the equipment so that other entities in our region can utilize it.

Please sign where indicated and return to this office so that documents can be disseminated to the proper persons on the regional level.

Thank you in advance for your consideration. Should you have any questions please feel free to contact: Interim Director Errin Mahan at errin.mahan@snco.us or 785-251-4164

Equipment Disposition Form -~AWNEE COUN 1 ~ Homeland Security Preparedness Grant Pro~ams , .

. ONTRACT # c..~~J-ao;;tc Equipment disposition is regulated by 44 CFR 13. 32-see attached. This form is to be submitted to your Regional Homeland Security Council within ten working days of the loss, damage, or expiration of the equipment provided through the grant and subsequent Transfer of Property Agreement between Regional Council and Agency.

Project: NE FY12 IMT Sustainment Agency: City of Topeka Emergency_ Coordinator Regional Council (if applicable): NE Contact Person: Jim Green Phone Number: 785-251-4521 E-mail: jegreen@topeka.org Description of Equipment: DELL Latitude E6430 ATG Laptop (Serial#: 1 HHHYZ1) Original Cost: $3317.00 Fiscal Year of Grant Funds FY12 which Purchased Equipment Vendor: DELL Invoice Number: NE FY12 IMT Sustainment

The above equipment was initially received by the Agency on: 05/06/2006.

The following actions apply to this piece of equipment; pleast3 mark all that apply:

X --

Broken; cannot be repaired Broken; too expensive to fix Piece of equipment has met its life cycle Equipment was lost on _____________ (month/day/year; include copy of law enforcement agency report if item was stolen) Equipment was sold on _____________ (month/day/year) for $ (include receipt or bill of sale) Equipment was traded in on _________ (month/day/year) for $ (include receipt or bill of sale) No longer want to maintain; equipment was transferred to Shawnee County Emergency Management I James Steele (name of organization) on May 27 2020 (month/day/year)

orized signature for sposing agency

If transfer, Authorized signature for accepting agency

• Agency must receive permission from Kansas Highway Patrol Homeland Security Operations (KHP HSO) to sell or dispose of equipment purchased with Homeland Security grant funds

• If equipment is sold for over $5,000, please include reimbursement check made out to Kansas Highway Patrol

Send this disposition form I reimbursement check to your Regional Council's Fiscal Agent.

To contact KHP Homeland Security/Special Operations: Lt. Edna Cordner ecordner@khp.ks.~r;JRfp··· ~'f0-7(1~ and F,o ,. Date i..?f~ J "' '"' y ., vvv

Asr-t. , o. couNseL. a~ , Updated November 30, 2011 \~J

Federal Code of Regulations

44 CFR 13.32 Equipment.

(a) Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a grant or sub-grant will vest upon acquisition in the grantee or sub-grantee respectively.

(b) States. A State will use, manage, and dispose of equipment acquired under a grant by the State in accordance with State laws and procedures. Other grantees and sub-grantees will follow paragraphs (c) through (e) of this section.

(c) Use. (1) Equipment shall be used by the grantee or sub-grantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a Federal agency.

(2) The grantee or sub-grantee shall also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. User fees should be considered if appropriate.

(3) Notwithstanding the encouragement in §13.25(a) to earn program income, the grantee or sub-grantee must not use equipment acquired with grant funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted or contemplated by Federal statute.

(4) When acquiring replacement equipment, the grantee or sub-grantee may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency.

(d) Management requirements. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place will, as a minimum, meet the following requirements:

(1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.

(2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years.

(3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated.

(4) Adequate maintenance procedures must be developed to keep the property in good condition.

(5) If the grantee or sub-grantee is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.

(e) Disposition. When original or replacement equipment acquired under a grant or sub-grant is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows:

(1) Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency.

(2) Items of equipment with a current per unit fair market value in excess of $5,000 may be retained or sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment.

(3) In cases where a grantee or sub-grantee fails to take appropriate disposition actions, the awarding agency may direct the grantee or sub-grantee to take excess and disposition actions.

(f) Federal equipment. In the event a grantee or sub-grantee is provided federally-owned equipment:

(1) Title will remain vested in the Federal Government.

(2) Grantees or sub-grantees will manage the equipment in accordance with Federal agency rules and procedures, and submit an annual inventory listing.

(3) Wh'eii the'-~q~~,~~nt:,~~f-~~~~ needed, the grantee or sub-grantee will request disposition instructions from the Federal agency.

·-

(g) Right to transfer title. The Federal awarding agency may reserve the right to transfer title to the Federal Government or a third part named by the awarding agency when such a third party is otherwise eligible under existing statutes. Such transfers shall be subject to the following standards:

(1) The property shall be identified in the grant or otherwise made known to the grantee in writing.

(2) The Federal awarding agency shall issue disposition instruction within 120 calendar days after the end of the Federal support of the project for which it was acquired. If the Federal awarding agency fails to issue disposition instructions within the 120 calendar-day period the grantee shall follow §13.32(e).

(3) When title to equipment is transferred, the grantee shall be paid an amount calculated by applying the percentage of participation in the purchase to the current fair market value of the property.

SHAWNEE COUNTY Department of

Emergency Management 200 SE ih Street

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

Errin Mahan, Interim Director June 26, 2020

MEMO:

TO:

FROM:

Homeland Security Grant Equipment Acceptance

Board of County Commissioners Shawnee County Kansas

Errin Mahan- Interim Director ~ Shawnee County Emergency Management

The attached agreement 17-NEK191205.001 is for the transfer of grant funded equipment to Shawnee County Emergency Management from the City of Topeka. The equipment is One (1) DELL Latitude Laptop for use by Emergency Management accountability and our partners. Details are provided on the following pages.

Shawnee County would become both the owner and caretaker of the equipment. The equipment can be utilized for emergency management duties in Shawnee County as well as during deployments by IMT Members from Shawnee County Emergency Management.

The DELL Latitude 5500 Laptop is a very valuable piece of equipment, which Shawnee County Emergency Management will use in order to continue the fulfillment of our mission essential functions. There is no direct cost to Shawnee County to accept the equipment.

In accordance with past practices and requirements of the Homeland Security Council, should the equipment be needed in an emergency, incident and/or for an event, Shawnee County Emergency Management would be responsible for delivering the equipment so that other entities in our region can utilize it.

Please sign where indicated and return to this office so that documents can be disseminated to the proper persons on the regional level.

Thank you in advance for your consideration. Should you have any questions please feel free to contact: Interim Director Errin Mahan at errin.mahan@snco.us or 785-251-4164

Homeland Security P'reparedness Grant Programs Equipment Disposition Form SHAWNEE COUNTY

(;QNTRACT im C. '24 i-~c:Q.o Equipment disposition is regulated by 44 CFR 13.32-see attached. This form Is to be suf3mea to yo!Jr Regional Homeland Security Council within ten working days of the loss, damage, or expiration of the equipment provided through the grant and subsequent Transfer of Property Agreement between Regional Council and Agency.

Project: 17-NEK191205.001 Agency: City of Topeka Emergency Coordinator Regional Council (if applicable): NE Contact Person: Jim Green Phone Number: 785-251-4521 E-mail: jegreen@topeka.org Description of Equipment: DELL Latitude 5500 Laptop (Serial #: HOX42R2) Original Cost: $1360.00 Fiscal Year of Grant Funds FY17 which Purchased Equipment Vendor: DELL Invoice Number: 17-NEK191205.001 /10360981090

The above equipment was initially received by the Agency on: 05/06/2006.

The following actions apply to this piece of equipment; please mark all that apply:

X

Broken; cannot be repaired Broken; too expensive to fix Piece of equipment has met its life cycle Equipment was lost on _____________ (month/day/year; include copy of law enforcement agency report if item was stolen) Equipment was sold on _____________ (month/day/year) for $ (include receipt or bill of sale) Equipment was traded in on _________ (month/day/year) for $ (include receipt or bill of sale) No longer want to maintain; equipment was transferred to Shawnee County Emergency Management I James Steele (name of organization) on May 27 2020 (month/day/year)

thorized signature for disposing agency

If transfer, Authorized signature for accepting agency

• Agency must receive permission from Kansas Highway Patrol Homeland Security Operations (KHP HSO) to sell or dispose of equipment purchased with Homeland Security grant funds

• If equipment is sold for over $5,000, please include reimbursement check made out to Kansas Highway Patrol

Send this disposition form I reimbursement check to your Regional Council's Fiscal Agent.

To contact KHP Homeland Security/Special Operations:

Updated November 30, 2011

Lt. Edna Cordner ecordner@khp.ks.~ov ,or (785) 296-2444. PP[oYed as to l1al~ an~for; ~Date l..t .·2~ -z~'l'-

ASSi.\ eo. OUNSELOR '..\ J •,

Federal Code of Regulations

44 CFR 13.32 Equipment.

(a) Tille. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a grant or sub-grant will vest upon acquisition in the grantee or sub-grantee respectively.

(b) States. A State will use, manage, and dispose of equipment acquired under a grant by the State in accordance with State laws and procedures. Other grantees and sub-grantees will follow paragraphs (c) through (e) of this section.

(c) Use. (1) Equipment shall be used by the grantee or sub-grantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a Federal agency.

(2) The grantee or sub-grantee shall also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. User fees should be considered if appropriate.

(3) Notwithstanding the encouragement in §13.25(a) to earn program income, the grantee or sub-grantee must not use equipment acquired with grant funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted or contemplated by Federal statute.

(4) When acquiring replacement equipment, the grantee or sub-grantee may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency.

(d) Management requirements. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place will, as a minimum, meet the following requirements:

(1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.

(2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years.

(3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated.

(4) Adequate maintenance procedures must be developed to keep the property in good condition.

(5) If the grantee or sub-grantee is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.

(e) Disposition. When original or replacement equipment acquired under a grant or sub-grant is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows:

(1) Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency.

(2) Items of equipment with a current per unit fair market value in excess of $5,000 may be retained or sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment.

(3) In cases where a grantee or sub-grantee fails to take appropriate disposition actions, the awarding agency may direct the grantee or sub-grantee to take excess and disposition actions.

(f) Federal equipment. In the event a grantee or sub-grantee is provided federally-owned equipment:

(1) Title will remain vested in the Federal Government.

(2) Grantees or sub-grantees will manage the equipment in accordance with Federal agency rules and procedures, and submit an annual inventory listing.

(3) When the equipm~rt i~ .. ~o.l,on9.1WJ:Jeeded, the grantee or sub-grantee will request disposition instructions from the Federal agency. t.(.\~.~~-~.-q~:.; , . ,.. . ~~·:·:r

. :·, .. · ... ,

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(g) Right to transfer title. The Federal awarding agency may reserve the right to transfer title to the Federal Government or a third part named by the awarding agency when such a third party is otherwise eligible under existing statutes. Such transfers shall be subject to the following standards:

(1) The property shall be identified in the grant or otherwise made known to the grantee in writing.

(2) The Federal awarding agency shall issue disposition instruction within 120 calendar days after the end of the Federal support of the project for which it was acquired. If the Federal awarding agency fails to issue disposition instructions within the 120 calendar-day period the grantee shall follow §13.32(e).

(3) When title to equipment is transferred, the grantee shall be paid an amount calculated by applying the percentage of participation in the purchase to the current fair market value of the property.

Fax 785-251-4941

Shawnee County AUDIT -FINANCE OFFICE

To: Board of County Commissioners

From: Betty Greiner, Director of Administrative Services

Date: June 29, 2020

Suite 201, Courthouse 200 SE 7th Street

Topeka, KS 66603-3903

RE: Primary Point of Contact for the Kansas Recovery Office

The Kansas Recovery Office is requesting each county have one Primary Point of Contact regarding the Coronavirus Relief Fund (CRF) monies from the CARES Act. This person will sign the documents that are submitted to the State of Kansas regarding the CRF funds. This will include submission of the County plan, reimbursement and reconciliation reports.

The Shawnee County SPARK committee has recommended that Betty Greiner be designated as the Primary Point of Contact for your approval.

Phone 785-251-4307