BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, FEBRUARY 11,2016, 9:00AM COMMISSION CHAMBERS, ROOM B-11

I. PROCLAMATIONS/PRESENTATIONS

II. UNFINISHED BUSINESS

1. Consider authorization and execution of Contract C41-2016 with the City of Topeka relating to financing Countywide infrastructure development, economic development, and quality of life projects.

III. CONSENT AGENDA

1. Acknowledge receipt of the February 24th Kansas Expocentre Advisory Board meeting agenda and minutes of the January 27th meeting.

2. Consider approval ofResolution No. 2016-12 authorizing the issuance of a Shawnee County credit card for official business to Charles Hydovitz, Court Administrator, with a credit limit of $5,000.00.

3. Acknowledge receipt of the out-of-state travel report regarding the ACA Conference from Sergeant Patrick Smith-Corrections.

4. Acknowledge receipt and consider approval of County Commission meeting minutes of October 1, 5, 8, 12, 15, 19, 22, 26, and 29, 2015-County Clerk.

5. Acknowledge receipt of Summons in Case No. 2016CV000018-Matrix Financial Services Corporation vs. Board of County Commissioners of Shawnee County, Kansas, et al--County Clerk.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. PLANNING- Barry Beagle

1. Acknowledge receipt of the report covering the period ofJanuary 1, 2014 through December 31, 2015 regarding the Kansas Sand and Concrete, Inc. conditional use permit for a land-based sand and gravel extraction operation and a plan for the next two years of operation.

C. INFORMATION TECHNOLOGY- Pat Oblander

1. Consider authorization and execution of Contract C42-2016 with Eagle Software, Inc. for annual maintenance of Comm Vault software and hardware support of a Spectra Logic T120 Tape Drive system in a total amount of$11,879.34.

2. Consider authorization and execution of Contract C43-2016 with Software House International for a 9 month subscription for two licenses to use Adobe Creative Cloud for Teams software at a cost of$1,134.00 and a full year subscription for the two licenses when the 9 month subscriptions lapse at a cost not to exceed $1 ,600.00.

3. Consider authorization and execution of Contract C44-2016 with Software House International for a one year subscription for seven licenses to use ReSharper Ultimate software at a cost of $2,597.00.

D. HEALTH AGENCY- Alice Weingartner/ Allison Alejos

1. Consider approval of request to fill two Office Assistant II positions in the Community Health Center through the temporary staffing agency Key Staffing until such time the vacant OAII positions are filled at a cost of $15.41 per hour.

2. Consider authorization and execution of Contracts C45-2016 and C46-2016 with the Information Network of Kansas (INK) to provide electronic commerce transactions, including online and counter payments, for collecting payment for the Health Agency Local Health Department and the Community Health Center chargeable services to SCHA customers through the KanPay website.

E. AUDIT FINANCE -Betty Greiner

1. Consider approval of request for out-of-state travel for five employees to attend the 2016 SUGA Education and Training Conference at an estimated cost of $8,600.00.

F. PARKS AND RECREATION -John Knight

1. Consider authorization and execution of Contract C47-2016 with Information Network of Kansas (INK) allowing Parks and Recreation to accept over-the-counter credit card payments at a rate of 2.5% per transaction and to be billed monthly for the processing fee.

2. Consider adoption of an "Outreach to Diverse Underserved Populations" policy and implementation of the Family Scholarship Program designed to address families that find it difficult financially to participate in valuable programs, primarily youth programs.

3. Consider authorization and execution of Contract C48-2016 with Steven Dean Carson to serve as website coordinator, scheduling leagues, tournaments and information for the Topeka Baseball and Softball Association at a fee of$1,875.00-Parks and Recreation.

4. Acknowledge receipt of the annual Noxious Weed Eradication Progress Report for 2015, the annual Noxious Weed Management Plan for 2016, and the Weed Department's cost share chemical price list for 2016.

G. COUNTY COUNSELOR- Rich Eckert

1. Legislative update.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

\ \ -

Shawnee County

Board of Commissioners Shawnee County Courthouse

200 SE ih Street, Rm. B-11, Topeka, Kansas 66603 Michele A. Buhler, 151 District

Kevin J. Cook, 2nd District Robert E. Archer, 3rd District

(785) 251-4040, Fax: (785) 291-4914 Email: Commission@snco.us

MEMORANDUM

TO: Board of Shawnee County Commissioners

FROM: Michele A. Buhler, Commission Chair

DATE: February 8, 2016

RE: Interlocal Agreement Relating to Financing Countywide Infrastructure Development, Economic Development and Quality of Life Projects

Please place this item on the Thursday, February 11, 2016 Commission agenda.

Please fmd attached to this memorandum a new proposed Interlocal Agreement between the Board of County Commissioners and the City of Topeka. After reviewing the City's proposed Agreement, I submit this counter-proposal with hopes that common ground can be found.

This Commission previously approved an Interlocal Agreement back on November 20, 2014 (C412-2014) which was thereafter forwarded to the City of Topeka for review and approval. Last Tuesday, February 2, 2016, the Topeka City Council approved a revised version of the Interlocal Agreement, making substantial changes to the County's original proposal.

The Interlocal Agreement attached is a proposed counter-offer and is an attempt to reach final agreement. The key differences that have been made to the City Council's approved agreement and the reasoning for those changes are highlighted below:

• The current voting nature of JEDO remains as it has since 2001.

• The urban programming has been removed to be consistent with the ballot question.

• The amount set aside for county bridges bas been reduced from $2.16 Million per year to $1.95 Million per year.

Board of Shawnee County Commissioners February 8, 2016 Page2

• The City has made it clear they have as a priority the completion of the street infrastructure projects. We propose the Kansas Expocentre project will now be ·completed in phases as opposed to being entirely completed in the first several years. This allows several city street projects to be moved up in the order. The priority of the Kansas Expocentre deferred maintenance and livestock additions remain, however, the remainder of the renovation will begin in 2026.

• An extra $5 Million above and beyond the current $10 Million will be added to the Topeka Zoological Park project in the year 2031.

• The funds assigned to the bikeways project will be assigned to the Metropolitan Topeka Planning Organization (MTPO).

Although the City proposes some major changes in the structure of JEDO, there is nothing wrong with the current structure. The voting public would agree with that assessment as an overwhelming 65.07% of the public approved this new sales tax. The vote should be seen as an approval of how JEDO has operated for the last fifteen years.

The City has proposed splitting each year's revenues on a percentage basis. However, the public would not know when these projects would be slated to begin. By having a project order and schedule (see revised Attachment A), we are being as transparent as possible. The Interlocal still has the flexibility to move projects from their project year as the need arises much as we have done with the current Interlocal project order.

The sales tax will not be operative until the Board of County Commissioners passes a resolution that levies the tax and submits it to the Kansas Department of Revenue by September 1, 2016. If the governing bodies cannot come to an agreement, it is at the discretion of the Board of County Commissioners whether the tax will be levied.

c: Mr. Jim Colson, City Manager, City of Topeka Mr. Larry Wolgast, Mayor, City of Topeka Ms. Lisa Robertson, City Attorney, City of Topeka

INTERLOCAL AGREEMENT

(Shawnee County Contract No. C:1:_,.,_\_.___-2016) (City of Topeka Contract No. _____ _____/

AN INTERLOCAL AGREEMENT RELATING To FINANCING COUNTYWIDE

INFRASTRUCTURE DEVELOPMENT, ECONOMIC DEVELOPMENT AND QUALITY OF

LIFE PROJECTS To BE FUNDED BY A ONE-HALF OF ONE CENT COUNTYWIDE

RETAILERS' SALES TAX

TillS AGREEMENT is entered into this ___ day of ______ :, 2016, by

and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE,

KANSAS, a governmental subdivision of the State of Kansas, hereinafter referred to as the

"County," and THE CITY OF TOPEKA, KANSAS, a duly organized municipal corporation

hereinafter referred to as the "City."

WHEREAS, during the November 4th, 2014 election, the voters of Shawnee County

voted to renew the countywide retailers' sales tax in the amount of one-half of one cent to be

levied in Shawnee County, Kansas and to take effect on January 1, 2017 and expire on December

31, 2031, to provide revenue to finance economic development, quality of life projects and

countywide infrastructure development; and

WHEREAS, economic development is defined as the implementation of the economic

development priorities established on a yearly basis by the Joint Economic Development

Organization (JEDO). For purposes of this agreement, economic development includes research,

target marketing, existing business retention and expansion, new business recruitment,

infrastructure development, site acquisition, incentive funds and workforce training and

expansion, in addition to other related activities; and

WHEREAS, countywide infrastructure improvements and quality of life projects include

those listed on the November 4th, 2014 ballot question; and

WHEREAS, the County and City desire to enter into an interlocal agreement, pursuant

to K.S.A. 12-2901 et seq., relating to fmancing economic development, infrastructure

improvements and quality of life projects to be funded by a one-half of one cent countywide

retailers' sales tax;

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS

CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

1. Joint Economic Development Organization Created; Governing Board. The

County and City hereby desire to continue the Joint Economic Development Organization,

hereinafter referred to as "JEDO", a separate legal entity created by Shawnee County Contract

No. C261-2001 and City of Topeka Contract No. 31439, in accordance with K.S.A. 12-2904a,

and authorize JEDO to provide the economic development program for the County and the City.

The following agreements concerning JEDO shall be rescinded: Shawnee County Contract No.

C261-2001 and City of Topeka Contract No. 31439, Shawnee County Contract No. C334-2004

and City of Topeka Contract No. 34790, Shawnee County Contract No. C145-2010 and City of

Topeka Contract No. 40338. Shawnee County Contract No. C103-2014 and City of Topeka

Contract No. 43522 shall remain in effect until all sales tax receipts and commitments from the

sales tax expiring December 31,2016 have been distributed. All other contracts and resolutions

approved by JEDO prior to this agreement shall remain in full force and effect. JEDO shall be

organized according to the following provisions:

a) The JEDO Board shall be comprised of thirteen (13) members. Voting members shall include the three (3) County Commissioners, the Mayor, the Deputy Mayor, and two (2) City Council members selected by the Council. Nonvoting members shall be the remaining six ( 6) Council members; and

b) Alternates: If the Deputy Mayor or other voting City Council member cannot be present at a meeting, an alternate may be selected by the absent member with full voting rights. The alternate shall be a City Council member of the absent

2

member's choice. However, such alternate may only serve after providing the JEDO Chairperson a written proxy from the absent member; and

c) The JEDO Chairperson shall preside at all Board meetings. The City and County shall rotate the position of JEDO Chairperson with the Mayor or Mayor's designee serving in odd-numbered years pursuant to Resolution No. 7623 and the Chairperson of the County Commission or the County Chairperson's designee serving in even-numbered years commencing on January 1 of the respective year. If a vacancy is created, the respective governing body shall elect another chairperson from among its voting members; and

d) JEDO shall establish its own operational policies and procedures and may employ such staff as is necessary for the performance of the functions and purposes of this agreement (see K.S.A. 12-2904a); and

e) This contract shall be operative upon final approval of this Interlocal Agreement by the County and the City as well as the Attorney General's Office and shall be in existence for the life of the January 1, 2017 countywide retailers' sales tax plus one (1) year or for so long as reasonably necessary to administer obligations relating to the economic development program. JEDO shall have the authority to own and hold property. Any property, including real property held or titled in the name of a JEDO contractor, shall revert to JEDO upon termination of the contract with JEDO. Any property held by JEDO at termination shall revert jointly to the County and City; and

f) JEDO shall be subject to the provisions of the Kansas Open Meetings Act, K.S.A. 75-6101, and the Kansas Open Records Act, K.S.A. 45-221; and

2. JEDO Meetings; Economic Development Priorities. The JEDO Board shall

meet on the second Wednesday of February, May, September and December of each calendar

year. The JEDO Board may also meet as needed at the discretion of the Chair. Each year the

City Governing Body and the County Commission may meet separately for purposes of

considering the economic development priorities for the upcoming calendar year. In December

of each year, the JEDO Board shall establish the economic development priorities for the coming

year based upon the considerations and discussions. If for any reason priorities are not

established by the JEDO for the next year, the priorities established for the previous year shall

remain in effect.

3

3. Finance Committee; Holding Account.

a) There is hereby created -the Finance Committee. This Committee shall be

composed of the Shawnee County Public Works Director, the Topeka Public Works Director, the

Shawnee County Financial Administrator, and the Topeka City Manager or a designee.

b) The City and County shall transfer all of the sales tax receipts into an account

created and maintained by the Finance Committee. Such account will be the holding account for

all the money needed to complete the economic development programs and identified quality of

life projects and infrastructure improvements. This account shall be drawn upon only with the

signatures of two members of the Finance Committee, one from the City and one from the

County.

c) The actions of the JEDO and the Finance Committee, with respect to the

completion of the economic development programs, infrastructure improvements and quality of

life projects contained in the ballot question, shall be ministerial and not discretionary.

d) Recognizing that sales tax revenue is dependent upon many factors and, therefore,

can vary from month to month, the Finance Committee shall distribute the proceeds on a

monthly basis in accord with the terms of this agreement, or, if the funds are insufficient, as

otherwise determined by said Committee.

e) There shall be an annual audit of the Finance Committee transactions to ascertain

compliance with this Agreement and completed in accordance with approved accounting

standards. Such audit and report shall be provided to the City and County and filed with the City

Clerk and County Clerk. Both the City Clerk and the County Clerk shall be authorized agents

for the purpose of obtaining information about this one-half of one cent countywide retailers'

sales tax from the Kansas Department of Revenue.

4

4. Funds Dedicated Annually; Economic Development. Beginning in fiscal year

2017 and continuing each year during which the retailers' sales tax remains in effect (through

December 31, 2031 unless repealed), JEDO shall dedicate - on an annual basis - the amount of

Five Million Dollars ($5,000,000) for the purpose of supporting the economic development

priorities established by JEDO. Each year the Finance Committee shall distribute or reserve in

equal monthly installments of Four Hundred Sixteen Thousand, Six Hundred Sixty-Six and

66/100 Dollars ($416,666.66)- to one or more independent contractor(s) selected by JEDO for

the purpose of executing JEDO's established economic development priorities. Said monthly

installments shall begin once the January 2017 collections are distributed by the Kansas

Department of Revenue to the City and County. Any economic development entity that contracts

with JEDO will understand this lag in collection payments may result in receiving its initial

payments late.

5. County Bridges. After each monthly distribution of funds as described in

paragraph four, all sales tax receipts collected shall be dedicated to County bridges until such

time as One Million Nine Hundred Fifty Thousand Dollars ($1,950,000) hasbeen collected each

year of the sales tax.

6. Project Order; Insufficient Funds. The Finance Committee shall be required to

expend sufficient money to complete all of the remaining infrastructure improvements and

quality of life projects as specified in the November 4, 2014 election ballot question. The

governing bodies and JEDO shall adhere as closely as possible to the project order as set forth in

Attachment A subject to formal approval of the projects by the appropriate governing body.

Nothing in this agreement shall be construed as precluding the sales tax ballot projects being

completed earlier or later than scheduled. The project budget amount listed in Attachment A

5

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shall be the not-to-exceed amount unless otherwise approved by both governing bodies. If the

tax receipts do not equal the sales tax ballot projects, the governmental entities shall meet and

confer on which project or projects will not be funded. If no agreement can be reached, the

projects in Year 2031 will be deleted. If the tax receipts are still not sufficient, then the projects

in Year 2030 will be deleted and so on until the receipts are sufficient.

7. Selection of Independent Contractor. JEDO shall have the authority to contract

with an independent contractor to direct the economic development program. Any such contract

shall endeavor to use an amount not less than ten percent (10%) of the funds received to support

economic development for socially and economically disadvantaged individuals and/or business

enterprises. Any such contract shall be limited to three (3) years. In addition, any such contract

shall include a requirement that the contractor respond promptly to inquiries from both voting

and non-voting members of the board.

8. Bikeways Master Plan. The funds allocated to the Bikeways Master Plan shall

be distributed by the Metropolitan Topeka Planning Organization (MTPO) in accordance with

the Topeka Bikeways Master Plan.

9. Utility Fees and Administrative Costs. The total costs of the future relocation of

utilities owned by the City or County will be included in the project costs and be reimbursed

with the sales tax proceeds when the relocation is necessitated by the projects listed in

Attachment A. The County and City shall be reimbursed two percent (2%) of total project costs

for administrative expenses for countywide infrastructure improvements being funded by the

sales tax. The City or County shall be reimbursed for actual expenses incurred for in-house

staking and inspection plus one and four-tenths percent (1.4%) of those expenses for

administration for the infrastructure improvements being funded by the sales tax.

6

10. Excess Funds. Upon the later of the expiration or termination of the sales tax and

the completion of and payment for the economic development priorities. identified in Section 4

above, payment for County Bridges identified in Section 5 above, and the infrastructure

improvements and quality of life projects as set forth in Attachment A, the Finance Committee

shall inform the City and County of any money remaining in the account. Any excess funds

shall be distributed to the City and County in the proportional rates as provided by K.S.A 12-

192(a).

11. Termination. This agreement may not be terminated by either party as it is

expressly acknowledged that this agreement is time limited, revenue specific, and funded with

dedicated retailers' sales tax receipts. Unless required by elector petition as provided by K.S.A.

12-187(b)(l), neither the County or City shall submit the question of repeal of the countywide

retailers' sales tax approved on November 4th, 2014 to the voters during the term of this agreement

unless such question contains an enhancement of the countywide retailers' sales tax.

12. Binding on Future County and City Governing Bodies. The parties

acknowledge and agree that this agreement for the distribution of sales tax revenues is a

commitment for the protection of the public property, interests, and affairs being administered.

Consequently, this agreement is expressly intended by the parties to be binding on future JEDO

Boards, Boards of Shawnee County Commissioners, and Topeka City Councils.

13. No Third Partv Claims. This agreement is solely for the benefit of the parties

hereto and no third party shall be entitled to claim or enforce any rights hereunder.

14. No Prior Agreements. This agreement contains all of the agreements and

understandings between the parties concerning its subject matter. The parties acknowledge and

7

agree that this agreement supersedes all prior agreements and understandings, whether or not

written.

15. Amendments. This Agreement may only be amended, m writing, upon

agreement of all parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed

as of the date first above written.

ATTEST:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Cynthia A. Beck, Shawnee County Clerk

APPROVED AS TO FORM AND LEGALITY BY THE SHAWNEE COUNTY COUNSELOR'S OFFICE

DATE BY

ATTEST:

Brenda Younger, Topeka City Clerk

APPROVED AS TO FORM AND LEGALITY BY THE CITY ATTORNEY'S OFFICE

DATE BY

CITY OF TOPEKA, KANSAS

Jim Colson, City Manager

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DescriPtion REVENUES: Countvwlde 112 cent Sales Receiots

EST. ANNUAL SALES TAX REVENUE AVAILABLE

EXPENDITURES'

Economic Oevelooment SNCO BridQes EXPOCENTRE:

2017

Deferred Maintenance - Design I Canst Livestock Barn Renovation- Oesian New Livestock Arena - Desian ToPeka ZOO ROADS:

SW 6th: GaQe Blvd to Fairlawn Rd- Desian

Economic Development SNCO Bridaes EXPOCENTRE:

2018

Livestock Bam Renovation - Construction New Livestock Arena - Construction PH 1 Topeka ZOO ROADS'

SW 6th: Gaae Blvd to Fairlawn Rd- RIW & util Ad 17th St: SE Adams to Washburn- Desian

Economic Development SNCO Bridaes EXPOCENTRE:

2019

Ne.N Livestock Arena - Construction PH 2 Topeka ZOO ROADS:

SW 6th: Gage Blvd to Fairlawn Rd - Construction 17th St: SE Adams to Washburn - RIW & util Adi Topeka Blvd: 15th to 21st- Deskm

Econom1c Development SNCO BridQes EXPOCENTRE:

2020

ParklnQ I Site Expansion - Design & Construction Landon Arena Seat Replacement - Design/Construction Topeka ZOO ROADS:

17th St: Adams to Washburn - Construction PH 1 Topeka Blvd. 15th to 21st- R1W & Utll Adl

Economic Development SNCO Bridges EXPOCENTRE: Topeka ZOO

2021

BikewaYs: Design & Construction PH 1 ROADS:

Topeka Blvd: 15th to 21st- Construction SW 17th: MacVicarto l-470- Design 17th St: Adams to Washburn- Construction PH 2

Econom1c DeveloPment SNCO Bndges

EXPOCENTRE: Topeka ZOO

2022

Bikewavs: DesiQn & Construction PH 2

ROADS: SW 17th: MacVicarto 1-470- RIW & Util Adi 17th St: Adams to Washburn - Construction PH 3

2023 Economic Develooment

SNCO BridQes

EXPOCENTRE: Topeka ZOO

ROADS: SW 17th: MacVicar to 1-470 -Construction PH 1

SE California Ave: 37th to 45th - Desiqn SW Huntoon: Gaqe Blvd to Harrison - DesiQn

2017

$14,000,000.00

$14,000.000.00

$4 166 667.00 $1,950.000.00

$2,139,109.00 $156 394.00

$1.319.833.00 _____jMQ.

$191,520.00

2018

$16.968,000.00

$21.044.477.00

$5,000,000.00 $1.950.000.00

$2.132,310.00 $7 456,187.00

$0.00

$312 480.00 $283,860.00

2019

$17,137,680.00

$21.047,320.00

$5,000,000.00 $1,950,000.00

$7.456,187.00 $0.00

$5,096,000.00 $363,140.00 $167,580.00

2020

$17.309,057.00

$18.323.470.00

$5,000.000.00 $1,950,000.00

$5,215,823.00 $850,000.00

$0.00

$2 653,000.00 $273,420.00

ATTACHMENT A 2017-2031 CoiiiiiYWide 1/2-cent Sales Tax Extension

2021

$17.482,147.00

$19.863.374.00

$5,000,000.00 $1,950,000.00

$0.00 ~ $1.750.000.00

$4 459,000.00 $499,319.00

$2,500,000.00

Sales Tax Revenues vs Exoenditures

2022

$17.656.969.00

$21,362,024.00

$5 000 000.00

$1,950,000.00

$5,000,000.00

$1,750,000.00

$814,680.00 $2,500,000.00

2023

$17,833,539.00

$22.180.883.00

$5.000.000.00

$1.950.000.00 $0.00

$5.000.000.00

$4.428.667.00

$191.520.00

$198.360.00

2024

$18,011.874.00

$23.424.210.00

2025 2026 2027 2028 2029 2030 2031

$18,191.993.00 $18.373,913.00 $18.577,652.00 $18,743.228.00 $18,930,661.00 $19,119.967.00 $19,311.167.00

$29.228.636.00 $24,961,822.00 $24,293,301.00 $21.817.747.00 $24.381.886.00 $28.374.333.00 $26,585.180.00

2024 Economic Development

SNCO Bridqes

EXPOCENTRE:

Topeka ZOO

ROADS:

SW 17th: MacVlcar to 1-470 - Construction PH 2

SE California Ave: 37th to 45th - R!W & util Adi

NE Seward: Sumner to Forest- Desian

SW Huntoon: Gaae Blvd to Harrison - RIW & uti! Adi

NW 46th- Button Rd (N\ to Rochester Rd- Oesian

Economic Development SNCO Bndges EXPOCENTRE : Topeka ZOO ROADS:

2025

SW 17th: MacVicarto 1-470- Construction PH 3 SE California Ave: 37th to 45th Construction NE Seward: Sumner to Forest- RIW & Util Adi SW Huntoon: Gage Blvd to Harrison - Construction. SW 12th- Gaqe Blvd to Kansas Ave. - Oesi!:m NW 46th - Button Rd (N) to Rochester Rd - ROW & util ArJ

Economic Development SNCO Bridaes E.XPOCENTRE:

2026

Landon Arena or Exhibition Hall Desian Topeka ZOO ----

ROADS: NE Seward: Sumner to Forest- Construction SW 12th- GaQe Blvd to Kansas Ave. - R!W & Util Acf NW 46th- Button Rd (N) to Rochester Rd- Construction

Economic Development SNCO BridQes EXPOCENTRE:

2027

Landon Arena or Exhibition Hall - Construction PH 1 TOPeka ZOO ROADS:

SW 12th - Gaae Blvd to Kansas Ave. - Construction NW Rochester Rd- Hwv-24 to NW 50th- Desian

Economic Development SNCO BridQes E.XPOCENTRE:

2028

Landon Arena or Exhibition Hall - Construction PH 2 Topeka ZOO ROADS:

NW Rochester Rd - Hwv 24 to NW 50th - R!W & Util Adi SW 29th- Fairlawn Rd to Wanamaker Rd- Desian SW 37th- Scapa PI to BurlinQame Rd- Desian

Economic Development

SNCO BridQes

E.XPOCENTRE:

Topeka ZOO ROADS:

2029

NW Rochester Rd - Hwy 24 to NW 5oth - Construction PH 1 SW 29th- Fairlawn Rd to Wanamaker Rd- R!W & Util Ad" SW 37th - Scapa PI to Burlingame Rd - R!W & util Adi SE 37th- Kansas Ave to Adams- DesiQn

Economic Development SNCO Bridaes EXPOCENTRE -Topeka ZOO ROADS: _

2030

NW Rochester Rd - Hwv 24 to NW 50th - Construction PH 2 SW 29th - Fairlawn Rd to Wanamaker Rd - Construction SW 37th - Scapa PI to Burlinaame Rd - Construction SE 37th - Kansas Ave to Adams - RfiN & Util Adi

Economic Development SNCO Bridaes EXPOCENTRE -Topeka ZOO ROADS:

2031

SE 37th - Kansas Ave to Adams - Construction

$5,000,000.00

$1,950,000.00

$0.00

$0.00

$4,428.667.00

$312.480.00

$51.300.00

$323.640.00 $321.480.00

54:1

$5, 000, 000. 00 $1,950,000.00

$0.00 $0.00

$4 428 667.00 $5,096,000.00

$83,700.00 $5,278,000.00

$279 840.00 $524.520.00

$5,000,000.00 $1.950,000.00

$0.00 $1.640,353.00

$0.00

$1 365,000.00 $368.280.00

$8.454.000.00

$468,540.00

$5,000,000.00 $1,950,000.00

$0.00 $8,316,902.00

$0.00

$5,951,880.00

$5,000 000.00 $1,950,000.00

$0.00 $8,316,902.00

$0.00

$764.460.00 $208 620.00 $126.540.00

$5.000.000.00 $1.950,000.00

$0.00 $0.00

$7 480 200.00 $340 380.00 $206.460.00 $150.480.00

$5,000,000.00 $1,950,000.00

$0.00 $0.00

$4,986,800.00 $5 551 000.00 $3,367,000.00

$245,520.00

$5,833,333.00 $1,950,000.00

$0.00 $5,000.000.00

$4,QQ4,000.00

2017-2013 Countywide 1/2 cent Sales Tax - PROJECTS CASHFLOW SUMMARY

ITEM 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total

ECONOMIC DEVELOPMENT $4,166,667 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,833,333 $75,000,000

SNCO BRIDGES $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $1,950,000 $29,250,000

EXPOCENTRE

Deferred Maintenance $2,139,109 $2,139,109 Landon Arena and/or Exhibition Hall $850,000 $1,640,353 $8,316,902 $8,316,902 $19,124,157 Parking I Site Expansion $5,215,823 $5,215,823 Livestock Barn Renovation $156,394 $2,132,310 $2,288,704 New Livestock Arena $1,319,833 $7,456,187 $7,456,187 I $16,232,207

$45,000,000

TOPEKA200 $5,000,000 $5,000,000 $5,000,000 $15,000,000

BIKEWAYS $1,750,000 $1,750,000 $3,500,000!

ROADS

SW 6th: Gage Blvd to Fairlawn Rd $191,520 $312,480 $5,096,000 $5,600,000 17th: Adams to Washburn $283,860 $363,140 $2,653,000 $2,500,000 $2,500,000 $8,300,000 17th: MacVicar to 1-470 $499,319 $814,680 $4,428,667 $4,428,667 $4,428,667 $14,600,000 Topeka Blvd: 15th to 21st $167,580 $273,420 $4,459,000 $4,900,000 California Ave: 37th to 45th $191,520 $312,480 $5,096,000 $5,600,000 NE Seward: Sumner to Forest $51,300 $83,700 $1,36S,OOO $1,500,000' Huntoon: Gage Blvd to Harrison $198,360 $323,640 $5,278,000 $5,800,000! 12th: Gage Blvd to Kansas $279,840 $368,280 $5,951,880 $6,600,000 Rochester Rd: Hwy 24 to NW 50th $468,S40 $764,460 $7,480,200 $4,986,800 $13,700,000 NW 46th: Button Rd to Rochester Rd $321,480 $524,520 $8,454,000 $9,300,000 SW 29th: Fairlawn Rd to Wanamaker Rd $208,620 $340,380 $5,551,000 $6,100,000 SW 37th: Scapa PI to Burlingame Rd $126,540 $206,460 $3,367,000 $3,700,000 SE 37th: Kansas to Adams $1S0,480 $245,S20 $4,004,000 $4,400,000

$9,923,523 $17,134,837 $20,032,907 $15,942,243 $16,158,319 $17,014,680 $16,768,547 $12,387,S67 $22,640,727 $19,246,173 $21,218,782 $16,366,522 $15,127,520 $21,100,320 $16,787,333 $257,850,000

KANSAS EXPOCENTRE ADVISORY BOARD MEETING

Manor Conference Centre Wheat Room Wednesday, February 24, 2016

Roll Call

Approve Minutes

Capital Expenditures

STAFF REPORTS General Manager- Jeff Chabon Financial- Donna Casebier Marketing - Phil Thompson Operations - Roy Mitchell Livestock- Justin Gregory Event Services - Mitch List

REPORTS Capital Plaza Hotel- Kevin Smith Heart of America - Bob Lohmeyer Kansas State Extension- Cindy Evans

COMMITTEE REPORTS Capital Committee -Outreach/Influence Committee -Roadrunner Marketing Committee -

ADJOURN

Lunch at 11:30 12:00- 1:00

AGENDA

NEXT BOARD MEETING

Manor Conference Centre Wheat Room March 23, 2016

12:00PM

1/j

KANSAS EXPOCENTRE ADVISORY BOARD MEETING Wednesday, January 27, 2016

Manor Conference Centre Wheat Room 12:00 P.M.

The following members were present for the board meeting: Jennifer Owen, Chair; Brenda Block, Vice Chair; Mary Thomas; Councilman Jonathan Schumm; Kerrice Mapes; Pam Walstrom

Also present were: Donna Casebier, Finance Director; Roy Mitchell, Director of Operations; Phil Thompson, Marketing Manager; Justin Gregory, Livestock Manager; Mitch List, Event Services Director; Matt Winkenwader, Event Coordinator; Misty Rogers, Event Coordinator; Brie Berggren, Executive Assistant; Bob Lohmeyer, General Manager Heart of America; Rich Eckert, County Counselor; Kevin Smith, General Manager Capitol Plaza Hotel; Rhonda Green, Director of Sales Capitol Plaza Hotel; Dylan, Intern · '

Owen called the meeting to order at 11:55 A.M. Roll call was taken.

Owen stated she would entertain a motion to approve last month's minutes. Block made a motion to approve the minutes. Thomas seconded the motion. Motion passed.

Regarding the Chair and Vice Chair elections for 2016 Block nominated Owen to continue as Chairman of the board. Thomas seconds. For Vice Chair Thomas nominated Block to maintain as Vice Chair. All ayes on both nominations.

Regarding the Capital Expenditures, Mitchell's report is attached hereto and made a part of the minutes. Block made a motion to approve Mitchell's report and approve the proposed expenditures from the Capital Expenditure fund not to exceed $13,396.95 leaving $238,480.66 in the fund. Motion seconded by Mapes. Motion passed.

Regarding the Event Services and Interim General Manager report, List's report is attached hereto and made a part of the minutes.

Owen stated she was a part of the interview process for the new General Manager. She feels that Jeff Chabon will be a very good fit because of his experience in promotion and booking events.

Block asked whether the new Operations Director will be put in place before Mitchell finishes in his position. List stated there will be an overlap at the end of February where Mitchell can show the new Director around the facility, where he keeps things, and to get him oriented with the goings on of the office.

Regarding the Financial report, Casebier's report is attached hereto and made a part of the minutes.

Regarding the Marketing report, Phil Thompson stated that in January we added the video crew to the Monster Truck show which made it possible to do instant replays as well as help the announcer of the event refer back and keep the crowd entertained. Live video is something he's working on for the upcoming Derby in April. The vendor we had used has doubled in cost for the second year in a row. He is shopping around for another option if there is one out there. A lot of streaming companies have merged which explains the higher cost.

Thompson stated last week he spent the day with the Globetrotters Ambassador to market the event held in Landon on the 2nd. Going around to all of the stations gets us a lot of attention and helps ticket sales. He is also working with Equifest on digital advertising to expand the audience beyond the Topeka area for their tradeshow at the end of February.

Regarding the Operations report, Mitchell stated that his heads up items for next month will be fairly costly for us. The second phase of the exhaust fan project may not go as we initially planned. We have found that adding two more fans may not work as we cannot provide enough supply air so we are looking at adding just one more to make them work at maximum efficiency. The L.E.D. exterior lights will help lower our utility expenses though the initial expense will be around $7,000.00- $8,000.00.

Mitchell wanted to thank for board for everything and giving him their support on all of the Capital Expenditures the Expocentre has had to face. A lot of projects have come to fruition over the years with their help.

Regarding the Livestock report, Gregory's report is attached hereto and made a part of the minutes. Thomas asked if the American is the one where we get national press out of. Gregory stated that yes it is the one.

Regarding the Capitol Plaza Hotel report, Kevin Smith stated they are getting ready for Equifest. The hotel seems to be pretty full for that weekend, as well as a pretty busy end of January and February in comparison to last year. There are some capital projects in the next few months that include finishing the restaurant decorating, and the pool area being renovated as well as the board rooms. The parking lot will be done as soon as the weather clears up a bit. All of the renovations will be around $560,000.00 in total. Smith introduced Rhonda Green as the new Director of Sales for the hotel.

Regarding Heart of America report, Lohmeyer stated he is still working with the Roadrunners with promotions for hockey games. The "happy half hour" benefits the season tickets holders mostly but is a good starting point to get ticket sales up. There is new affiliation with a local gentleman to get a marketing plan set up for next season. Monster Buck was a pleasant event. Lohmeyer stated they are gearing up for the upcoming Shrine Circus.

Regarding the Shawnee County Extension office report, Cindy Evans was not present.

2

Owen asked how ticket sales are for the Roadrunners games. Casebier stated they are about the same with one of the most recent games having about 700 in attendance. About a third of the attendance are comp tickets. List stated they did fire their head coach Scott Langer and their marketing director. There should be more changes coming in regards to marketing and coaching.

Thomas asked whether the 700 attendance count was an anomaly or if there was a special promotion they had going on to boost sales. List stated it was Christmas weekend so maybe that had something to do with tickets being up. Mid-April will be playoff dates for them. List stated they will play one home weekend of hockey for the playoffs at the Expocentre.

Thomas asked the county counselor about the contract between the Roadrunners and the County. Eckert stated it is a three year contract and neither party can opt out of it.

THERE BEING NO OTHER BUSINESS to come before the board, the Kansas Expocentre Advisory Board adjourned at 1:00 P.M.

Jennifer Owen, Chairman

Prepared by Brie Berggren

3

Memorandum

To: Mitch List, Interim General Manager

From: Roy Mitchell, Director of Operations

Re: Advisory Board Report

Date: January 21, 2016

By the end of January we will have hosted the following events:

• Roadrunner Hockey (7 home games) • Topeka Farm Show (3 days, 3 buildings) • Monster Truck show (2 days) • Shawnee County Judicial Court (4 event dates) • Monster Buck Classic (3 days, 3 buildings) • San Sebastian Day • Harlem Globetrotters • Free Dental Clinic (2 days) • Gun and Knife show (2 days) • Kansas Electric Cooperative • Turnaround Team food distribution • Private Meetings (2 event days) • Private Tradeshow

As most of you know I have decided to retire from my position of Director of Operations at the Kansas Expocentre effective February 29, 2016. I would like to take this opportunity to thank the Kansas Expocentre Advisory Board for the immense support I have received over the years. Without the board we could not have done all of the extensive repairs and projects over the years. No doubt, I will miss working with all of you.

January has been fairly typical in most ways. Our event schedule does not vary too much from year to year in the first month of the year. The free dental clinic does move around the state and this will be the second time we have hosted this event that allow people with little or no insurance to get some much needed dental work done on a first come first served basis. Our last few gun shows, this past one included, have had really strong attendance.

Status of previously approved Capital requests

• The new aluminum risers have been fully installed. We have a short punch list to complete the process, but the seats are installed and in use.

• The thermostats for Ex Hall are in. We are just waiting on time between events to get the conduit and wiring done prior to getting them installed and programmed.

Heads up:

We will have a proposal for the completion of Phase II of the exhaust fan project for your review and approval at the February meeting. Additionally, we plan on a request to replace 13 failed backflow preventers though out the facility and 25 LED light fixtures to replace much of our outdoor security lighting.

Capital Expenditure Requests for January

• Repair McQuay Rooftop Unit over Atrium- Please consider this request to pay PCI Mechanical the amount of $538.91 for the replacement of crankcase heaters on that unit.

• Repair Mammoth Unit (north) over Exhibition Hall- This unit failed to provide furnace service for us just prior to the Gun and Knife show. Closer examination showed the combustion blower motor failed and had to be replaced. Please authorize payment to PCI Mechanical the amount of $589.68 for this repair.

• Repair Zamboni oil leak and board brush bracket- We found that hydraulic oil was leaking from the hose that drives the (dasher) board brush on the left side of the machine. In addition, the bracket that holds the brush in place failed rendering the board brush useless. Please consider approval of the payment for the repair of these items by KanEquip in the amount of $622.21.

• Replace 2 broken urinals in Team Room 2 -These urinals were taken from the team room to replace two in (front of house) public rest rooms that had developed issues. The ones used in original construction are no longer made, so we made the decision to take two from Team Room 2 and put them in the public rest rooms. We then had to replace that pair of urinals in Team Room 2 with new ones. Each team room only has 2 urinals, so the pair installed there will match, and no one will know any different. It is likely we will have to repeat this process in the future. Please consider approval of this request to pay Sam co for the purchase and installation of these 2 urinals in the amount of $1,735.59.

• Replacement of one pair of Aluminum exterior doors- Please consider approval of the replacement of the pair of aluminum doors adjacent to the overhead door at our security entrance. These are arguably the most used doors in the facility and have simply worn beyond further adjustment or repair. We have received two bids on this project and they came in as follows:

Galaxy Glass $6,660.56

City Glass $7,270.00

This is a nearly identical replacement of the two doors. The doors would be 6'0" x 7' 6" medium style bronze anodized finish with Von Duprin rim panic hardware, a keyed, removable mullion and continuous hinges and includes the replacement of a 7" threshold and bottom sweeps. Please consider acceptance and approval of the bid from Galaxy Glass in the amount of $6,660.56.

• Replace failed drinking fountain in Ag Hall - This request is to replace the drinking fountain between the rest rooms on the east side of Ag Hall. The fountain was new when the Community Kitchen was added to the building in 1988. The replacement is a dual fountain, ADA compliant and should serve the facility for years to come. Please consider the purchase and installation of this drinking fountain from Samco for the amount of $1,700.00.

• Replace obsolete toilet in Ag Hall- This request is to replace a toilet in the original women's bathroom in Ag Hall. These toilets are no longer repairable or replaceable. We have attempted to find used toilets to purchase and keep in inventory without any luck. Please consider approval of the purchase and installation of a new toilet in Ag Hall from Samco for the amount of $1,550.00.

The Kansas Expocentre Capital Expenditure Fund has a current balance of no-less-than $251,877.61, including a carryover from 2015 of 1,877.61 and the 2016 budget of $250,000.00. The total of these requests comes to an amount of no-more-than $13,396.95. Approval of these requests would leave us with a balance of no-less-than $238,480.66. Thank you for your consideration of these requests.

MEMORANDUM

Date: January 22nd, 2016

To: Kansas Expocentre Advisory Board

From: Mitch List, Event Services Director I Interim General Manager

Re: January Advisory Board Report

We had a good start to 2016 as the Farm Show had one of the highest attended days in recent history. As with any January show, weather plays a large factor in attendance to a free show. Although we were prepared for it, this year we got lucky and didn't have snow during the event or the move in. Immediately following the Farm Show, we traded in the tractors for monster trucks. Dirt moved into Landon Arena the same day that the farm show event ended. Attendance for Monster Trucks was slightly down from two years ago. This was a new promoter that hadn't been in our market before. Some of the lack of attendance can be attributed to a new promoter, Saturday night's event also took place during the Chiefs playoff game.

The Monster Buck Classic was recently purchased by a new company, Iowa Show Productions. They do various shows that are very similar to ones we already do. They have been a great group to work with and we will look to potentially add some new shows with them in the future. Looking in to late February we will be hosting Equifest for the first time in Shawnee County. This show will take up nearly the entire property, so this will be another team effort to make this event a success. This event came from Wichita with hopes of our building expanding in the near future.

In February I will be attending the annual Pollstar Concert Industry Show in San Francisco. This is a chance to meet with agents to find out touring plans for all artists that might be a fit for us at the Kansas Expocentre. It is also a chance to meet with promoters that buy a concert or a whole tour. This gives me an opportunity to meet face to face with them and try to sell Topeka as a great concert venue and market.

This weekend during the Globetrotters and Monster Buck Classic we will have two employees of the Department of Homeland Security on site. They will be watching both events and then returning on Monday for a discussion session. They will be developing a venue assessment for the Kansas Expocentre. This will be used in house to implement new plans, procedures and add new inventory.

This concludes my report.

January 4-8

January 22-24

January 30

KANSASEXPOCENTRE LIVESTOCK ADVISORY BOARD REPORT

January 2016

January Events

Topeka Farm Show

Monster Buck Classic

Exclusively Equine LLC Barrel Race

January started with the Farm Show and once again it was very well attended.

My staff I and took advantage of the open weekend in January to sort and paint our existing iron fencing used for all of the events in Domer Arena. A very large amount of panels were due for repair and the remainder were given a fresh coat of paint. This was the first time the iron panels had been painted since we had bought them new. My staff and I are very pleased how the panels look after the paint job and welcome all of you to Domer Arena this year to see the improvement.

January concludes with the Exclusively Equine LL Barrel Race on January 3Pt. Leslie Howell is the producer and has expanded her rental of Domer arena from one fund raiser in 2013 to booking the facility multiple times each winter.

I recently attended the League of Agricultural & Equine Centers Annual Symposium in Oklahoma City, OK hosted by the Oklahoma City Fair Grounds. This meeting allows for great exchange of ideas, marketing strategies and communication between managers of equine facilities across the United States and Canada. Key manufactures and suppliers to the industry are also present, allowing for the development of relationships prior to our upcoming expansion.

I also will be attending the semi finals for The American in Fort Worth Texas on February 18-21, 2016. I will be meeting with Ross Wright with Better Barrel Races and Wade Needham with Ultimate Calf Roping to explore the opportunities of moving their associations' events to the Kansas Expocentre. Ultimate Calf Roping is a Texas based organization that is looking to expand into new markets and the staff of RFD TV and The American commented that the KS Expocentre would be the perfect venue for one of their events. Better Barrel Races is looking to relocate their October Qualifier for The American from Canada back to the United States, targeting a central location.

' '

2016 will be a very exciting and busy year for the livestock facilities at the Kansas Expocentre. Recently added events include AQHA Youth Show May 12-15, American Paint Horse Association Show August 12-14, and the Hope for the Heartland Quarter Horse Show September 21-25. All three of these shows will test our ability to produce events that will be at maximum capacity.

This concludes my report and I will be happy to answer any questions.

Justin Gregory Livestock Event Manager

Court Administrator

Charles L. Hydovitz

February 5, 2016

To: Board of County Commissioners

Shawnee County Courthouse

200 S.E. ih, Suite 406

Topeka, Kansas 66603-3922

785.251.8200

Fax 785.251.4917

From: Charles L. Hydovitz, Court Administrator()};

RE: Authorization of issuance of a Shawnee County Credit Card

Administrative Assistant

Lee Legault Jury Coordinator

Carol Bausch

Please consider for approval the attached resolution concerning the issuance of a

Shawnee County credit card for the official business for Charles L. Hydovitz, Shawnee County

Court Administrator, with a credit limit of $5,000.

J 1 r

RESOLUTION NO. 201 __ _

A RESOLUTION AUTHORIZING THE ISSUANCE OF A SHAWNEE COUNTY CREDIT CARD FOR OFFICIAL BUSINESS

WHEREAS, Charles L. Hydovitz, an employee of The Third Judicial District has made

proper application for the issuance of a Shawnee County credit card for official business; and

WHEREAS, the Audit Finane~ Administrator has determined that Mr. Hydovitz has

demonstrated the need for a Shawnee County credit card for official business; and

WHEREAS, the Audit Finance Administrator recommend approval of Mr. Hydovitz's

application for a Shawnee County credit card for official business;

NOW THEREFORE, the Board of County Commissioners of the County of Shawnee,

Kansas, sitting in regular session on this lith day of February, 2016, resolves to authorize Mr.

Hydovitz to obtain and use a Shawnee County credit card for official business only, subject to

the normal purchasing procedures as set forth in Home Rule Resolution No. HR-2014-1, as

amended. This authorization is automatically withdrawn and revoked upon the cessation of Mr.

Hydovitz's employment with The third Judicial District, and upon such occurrence, he shall

immediately return any Shawnee County credit card in his possession to his supervisor or the

Audit Finance Administrator.

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Robert e. Archer, Vice-Chair

Kevin J. Cook, Member

. .

TO BE READ. AND SIGNED BY RECIPIENT OF SHAWNEE COUNTY CREDIT CARD:

All Shawnee County credit cards shall be used strictly for official business. At no time shall any Shawnee County issued credit card be used to pay for personal expenses incurred by the user. Any charges for personal expenses shall be the sole responsibility of the user. In addition, any employee who charges or attempts to charge personal expenses to a Shawnee County credit card shall be subject to the disciplinary procedure as established by their appointing authority, the Shawnee County Personnel Rules and Regulations and/or any applicable Union contract.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THE ABOVE PARAGRAPH, THAT I UNDERSTAND AND AGREE TO THE SAME

~ ~.y--- Date:~Z.::....__:· .l-:..__:_·1-=--t. __ _ Mr. Charles Lv:J.~

2

To:

From:

Date:

Re:

Shawnee County

Department of Corrections 501 S.E. 81

h Street- Topeka, Kansas 66607

Brian W. Cole, Director

Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- {785) 291-5000- FAX (785) 291-4924 Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963 Corrections Annex- 818 SE Adams- Topeka, Kansas 66607- {785) 291-5000- FAX (785 291-4930

MEMORANDUM

Board of Commissioners

Brian W. Cole, Director ;e.-

February 5, 2016

Out of State Travel Report- ACA Conference

In 2015, the Board of Commissioners approved for Sergeant Patrick Smith to attend the Correctional Safety Officer Certificate Program in Kentucky. Please find the travel report submitted by Sergeant Smith who also serves as the department's Safety Officer.

The purpose of this travel was to send our Safety Officer to a 40-hour training certification program as it related to the American Correctional Association fire and safety standards. This training also included Occupational Safety and health Administration (OSHA) standards.

I will be happy to answer any questions you may have.

BWC:bwc

DATE:

TO:

FROM:

Shawnee County

Department of Corrections 501 SE 8TH Street- Topeka, Kansas 66607

Brian W. Cole, Director

Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4924 Youth Detention Facility- 401 SE 8th -Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963 Corrections Annex - 818 SE Adams- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4930

MEMORANDUM

February 4th, 2016

Brian Cole, Director

Pat Smith, Safety & Sanitation Officer

SUBJECT: Correctional Safety Officer Certificate Program Training

On November 16-20, 2015, I attended the Correctional Safety Officer Certificate Program training from Eastern Kentucky University. This training was a 40-hour training program that examined the Occupational Safety and Health Administration (OSHA) general industry standards and incorporated the American Correctional Association (ACA) standards as they related to fire and safety. The program was designed specifically for safety officers working inside a correctional setting.

The goal of the safety program was to train Safety Officers/Managers to become more effective by conducting safety inspections that ensure full compliance of policies and procedures, monitoring unsafe situations, and developing measures to ensure the safety and well-being of staff, offenders, and the general public. During the training, we covered a wide range of topics that included:

• Exit Routes, Exit Signs, and Emergency Action Plans • Recordkeeping • Managing Hazardous Materials • Safety and Health Standards • Incident Command System • OSHA Inspections and Penalties • Accident Prevention and Investigations • Fire Protection and Prevention

The program used three knowledgeable instructors that spoke about the topics on the agenda for each day of the week. The instructors also spoke about the challenges faced by Safety Officers as they comply with OSHA Standards, ACA Standards, and the individual policies and procedures of the correctional institute.

2

The training was very beneficial and will help me establish more effective worker safety and health programs. I plan to use what I have learned to help reduce work-related injuries and illnesses, assist in conducting regular inspections to control hazards, and to better train staff on recognizing and avoiding potential hazards.

PS:ps

TO:

FROM:

DATE:

RE:

Shawnee County

Office of County Clerk CYNTHIA A. BECK

785-233-8200, Ext 4155 Fax 785-291-4912 Website: http://www.snco.us

MEMORANDUM

200 SE 7th Street - Room 107 Topeka, Kansas 66603-3963

Board of~S~nty Commissioners

·~~ Cynthi~ A.~Beck, County Clerk

February 8, 2016

Board of County Commission minutes

Please acknowledge receipt and consider approval of Board of County Commission meeting minutes for October 1, 5, 8, 12, 15, 19, 22, 26, 29, 2015.

Thank you.

Shawnee County

Office of County Clerk CYNTHIA A. BECK

/)/

785-233-8200, Ext 4155 Fax 785-291-4912 Website: http://www.snco.us

200 SE 7th Street - Room 107 Topeka, Kansas 66603-3963

MEMORANDUM

FROM:

Board of Co~ty Commissioners ,~l'~

Cynthi~. ¥eck, County Clerk

TO:

RE: Litigation

DATE: February 8, 2016

Please acknowledge receipt of Summons in the following case in the District Court of Shawnee County, Kansas:

CASE NO: 2016CV000018 Matrix Financial Services Corporation vs. Board of County Commissioners of Shawnee County, Kansas et. al.

which was received in the office of the Shawnee County Clerk and forwarded to the County Counselor on this date_

Attachment

Matrix Financial .Services Corporation

vs.

Darrell Moffet :et. al.

To the abov~-named Defendan:t!Respondent:

ELECTRONICALLY FlLED 2016 Jan 07 AM 11~41

CLERK OF THE SHAWNEE COUNTY DJSTRICT OOURT CASE NUMBER: 2016..:CV~0000'18

J .. ~ ~--~ r._ If!"!; .. ~,.,: ;...\; r.;,~.:.-?~ ~,~/ ; (-~ "\• ~~· JAN - 8 2016 . ~ ~-

SUMMONS

Board -afCounty Commissioners ShaWnee C.ounty KS

c/o County Cleric

200.SE 7th St Rm 107

Topeka, KS 66603

You a_te hereoy·nolified tnat an action has been:commenced against you irHhis Cdl.:lrL Y o).J ate required toJiie your

answer or motion under K . .SA 60;212, and amendments thereto, to the petifron with the court.and .to serve. a copy upon:

Brian Hazel

6363 College Boulevartt, Suite 1:00

Overland. ParK, Ks··6621·1

within "21 days alter .service of summons-on you.

'Clerk of the Di$triot eourt

Documents to be ser\Tec;fwith thE! Stimmons:

PLE: Pet~iop Petition to Foreclose ~ort_gage

ELECTRONICALLY FlLED 2016Jan 07 AWl 1'1:41

CLERK OF THE SHAWNEE COUNTY DJSTRlCT COURT CASE NUMBER: 2016-CV-000018

TN THE DISTRICT COURT OFSHAWNEKCOUNTY, KANSAS CIVIL DEPARTMENT

Plaintiff,

Darrell Moffet;.· Jpyce M Moffet; StQI:IIlOnt 'Vall Healthcare.Jnc:; Board -of Cqurey. Commissioners, S~wnee County. ~@.sas;

,) ) ) ) ) ~ ) ) ) ) ) )

Case No.

Court Number: .

'G0}.'1ES Now Ph!intifl'; 'Matrix Financial.Se.rvices Corporation, by and tl]rtmgh i~ attorney, Brian

R. Hazel .of the firm of SnnthLaw, P.C, and for its .cause .of action a_,u:ainst Defendants states as foll~ws-~

I. .Plaintiff is a bm;iness organization created.andexistingby-virtuenflaw.

2. On May2S, 200£, Darrcll'Mo:ffet and Joyce M.Moffet made and delivered apromissory note

(the "Note'') to Endeavor·Capital,in exc~e for good and valuable,®~ideratiori, in:the principal sum

o($60;900.0(), together with interest. A copy of the Note is att:ache¢. as Exhibit "A'\;md ip.Cbrporated by

reference.

File No. 186967-771&42

I IIIJIIII'llll Jill IIIII 11111111:11 Jlllllllll llllllll.llllllf lllllllllllll

3. To secure repayment of tb.e.Note, on I\1.ay2K 200R,.:Oa:rteifMoffet ?Od Joyce M Moffet made

and delivcred.a mort.:,.c::a,ge·{the "Mqrt~e") to MortgageElectrotJ,k; Re~stration Syst:ems, 1nt7-, as nominee

for Endeavor Capital, It$ suocessors.anda:ssigru;, on the real property k:gallydescrib:ed as:

The North 2 feet of Lot 1 and ·all of Lot :2:, .Block C, AUBURN HILLS SUBDFVISJbN, in ~e T~ ;of Auburn, ,Shawnee County,,~as, acoordir!.g._to the . . . . ~ . . . . . . .

ree;oroed plat. thereo'(, commonly lmown .as 1121 Elvira.:St:reet, :Ariblll1l, :KS '66402 (the •'Property"} .

.A c0py.ofihe.Mortgage is:atiaclled as.Exhibit "B" and.moorparated 'qy-reference.

4. Tbe.Mortgagewasr~ onJune 20,2008, in:Bo6k N.oA609, a:tP~23R, in thePffice·of

th~ R~gistet of D!;eds of Shawn~ ·<=ou.pty, · Kansai>, and the. :m0r1gage 'r.egistrari:on tax '!V.as prod in full.a,t

Mort;:,~Pi- A c6pJ' ;of ;the ASSignment of Mortgage is :~ as &blbit "C' ana· inoprpOJ:ated by

r.ef~ee- Plaintiffba:s~~Pht:to fureclose the.Notean(:[M~-

claims ani:lfor intere:.<>'t it may have.~or.tbat may become freil.( s) ~aainst fl:ic :stfu.j eet prqpetty. StotniDrir Viil

Hecltb:care ~c. :ma;y claim an interest in :the sn'qjeet Ptqpe:tty, but ·apy such daim wopld :be junior and

1. B_oarrl (}f COunty Commisskmers, Sr.awnee Couni;y, Kaqsru; has been naiJ'i'eO by ·virtue (}f .a

personal property tax lien filetiOctoher L 2-013 in .the District Court .of'Shawnee Gonnty.; Kansas., in Ca-.;e

No. T'W-274:5 in the. arrimmLof $67 .9.7. Boar.d of County"Coiiiiiii:s:sionors~ Sh.i~ County, Kati!;as has

2 File No. 1.86%7

Agenda Item

Shawnee County Board of Commissioners

Date: January 29, 2016

Project No: CUOS/070 & CU12/07B

Applicant: Kansas Sand & Concrete, Inc.

Document: NA

Contact Person: Barry T. Beagle, Director

Regarding: Two-Year CUP Review

Description: The Conditional Use Permit authorizing Kansas Sand to operate a land-based sand and gravel extraction operation on the south side of the Kansas River at NW Valencia Road requires submission of a detailed report on the anniversary of the first year and every second year thereafter. The attached report cover the period between January 1, 2014 and December 31, 2015 and concludes with a plan for the next two-years of operation.

Planning Department Recommendation: The Planning Department recommends the County Commission find the detailed report and ongoing operation to be compliant with the requirements of the Conditional Use Permit.

County Commission Action: Consideration by the Board of County Commissioners and decision on February 11, 2016. Reflect action of the Board in the official County Commission minutes.

1515 NW Saline Street, Suite 221 Topeka, Kansas 66618 (785) 291-5410 Fax 291-4939

Memo To: Shawnee County Board of Commissioners

From: Ba~gle, Planning Director

Date: January 29, 2016

Shawnee County Planning Department

Re: CU05/07 & CU12/07- Kansas Sand and Concrete, Inc.

On January 9, 2006, the County Commission adopted Resolution No. 2006-10 (attached) authorizing a Conditional Use Permit to allow Kansas Sand and Concrete, Inc., to establish an off-river sand and gravel extraction operation on property located on the south side of the Kansas River at NW Valencia Road. Pursuant to Section 2, Item 22 of the Conditional Use Permit, Kansas Sand is subject to a review following the first year of operation and every two (2) years thereafter. Beginning on the anniversary of the first year and every second year thereafter, Kansas Sand is responsible for submitting a detailed report of sand and gravel operations to date and a detailed two (2) year plan of future operations. By joint agreement, the commencement of quarry operations began on December 27, 2006.

Please find attached a letter submitted by Mr. Dan Woodward, Vice President of Kansas Sand dated January 18, 2016, and accompanying ninth-year report. The detailed report covers the eighth and ninth years of operation (2014 and 2015) including a description of operations for the next two-years. The report appears to have been submitted in compliance with the requirements of Resolution No. 2006-10, paragraph 22. In the attached communication from Mr. Tom Flanagan, Deputy Public Works Director, dated January 27, 2016, he indicates a review of NW Valencia Road was made and both the north and south bound lanes between 1-70 and main entrance to Kansas Sand appear to be in reasonably good shape. Mr. Flanagan notes that surface cracks appear to have been sealed in the recent past. The accompanying report submitted by Mr. Woodward indicates that minor crack sealing has been performed over the last two years as a preventative measure. Mr. Woodward indicates the work was performed by B.B. Asphalt Sealing, Inc. with the permission of the Shawnee County Public Works Department. Mr. Flanagan also notes that possible base fatigue is beginning to appear at 600 NW Valencia Road that will continue to be monitored with Valencia Road considered for Chip Seal in 2017.

On March 2, 2009, the County Commission adopted Resolution No. 2009-19 that authorized an increase in daily vehicle trips from 30 to 35, and authorizing Kansas Sand to transport sand and gravel material to their main facility at 531 NW Tyler Road or any other location accessible from the terminus of the Valencia Road haul route at the Kansas Department of Transportation (1-70) right-of-way. Beyond that, Res. No. 2006-10 restricts sand and gravel extraction operations, including hauling, to Monday through Friday between the hours of 8:00 a.m. to 5:00p.m.

It is the recommendation of the Planning Department that the County Commission find the operation of Kansas Sand to be in compliance with the requirements of Resolution No. 2006-1 0 and subsequent amendment subject to possible chip sealing of NW Valencia Road in 2017 as recommended by the Public Works Department. No violations to the terms and conditions of the Conditional Use Permit have been reported.

En c.

• Page 2

Shawnee County

Department of Public Works 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

785-251-6101 FAX 785-251-4920

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

COUNTY ENGINEER

MEMORANDUM

Date: January 27, 2016

To:

From:

Barry Beagle, Director, Shawnee County Planning De.partment

1/

'Thomas F. Flanagan, Deputy Director of Public Wor~). r ?~ NW Valencia Road: I-70 to NW 17th ROAD CONDITION Review Re: Project No. 50008-01

This review was conducted, as mandated in paragraph 23 of Resolution No. 2006-10, CONDITIONAL USE PERMIT for land-based sand and gravel extraction- NW Valencia Road, Dover Township on January 26, 2016.

1. Conducting the Review: a. Thomas F. Flanagan, P .E. -Deputy Director of Public Works

2. Weather Conditions at time of review: a. Dry, slightly overcast with temperatures in the high 30's.

3. Condition Findings: a. NW Valencia Road (northbound lane) between I-70 and the main entrance to

Kansas Sand (NW 17th Street) appears to be in reasonably good condition. Surface cracks appear to have been sealed in the recent past.

b. NW Valencia Road (southbound lane) between I-70 and the main entrance to Kansas Sand (NW 17th Street) appears to be in reasonably good condition. Surface cracks appear to have been sealed in the recent past; however, pavement distress, indicating possible base fatigue, beginning to appear directly across from the north property line of 600 NW Valencia Road.

4. Recommendations for Repair: a. Monitor base condition described in 3(b ). b. Consider NW Valencia Road for Chip Seal in 2017.

5. Next Road Condition Review: January 2017.

Cc: Mr. Dan Woodward, Kansas Sand and Concrete, Inc. 531 NW Tyler, Topeka, Kansas 66608

January 18, 2016

Barry T. Beagle, AICP Planning Director 1515 NW Saline Street, Suite 102 Topeka, Kansas 66618

P.O. Box 656 CURTIS & N. TYLER STS. TOPEKA, KANSAS (785) 235-6284

Re: Kansas Sand and Concrete Conditional Use Permit Resolution No. 2006-10

Dear Barry:

Please find attached a review of Kansas Sand and Concrete, Inc.'s activities at the Valencia Sand Pit # 1 over the past two years, along with our projections for the next two years as required by paragraph 22 of the Conditional Use Permit. As you can see, we have enclosed the current permits pertinent to the project, along with an engineered diagram showing the extent of the project at this time.

As always, please do not hesitate to contact me if you need anything further.

Very truly yours,

O~t()~ Dan Woodward, Vice President Kansas Sand and Concrete, Inc.

Review of Kansas Sand & Concrete, Inc. Valencia Sand Pit #1

This report is an update of the Valencia Sand Pit owned and operated by Kansas

Sand and Concrete, Inc. (KSC). This is a review of the sand dredging operation from

January 1, 2014 thru December 31, 2015.

Changes with the C.U.P.

During this period there were no changes made to the Conditional Use Permit.

Area of the Sand Pit

The mining area, which had been previously established to be approximately 29.2

acres, has been expanded to approximately 32.6 acres, an increase of3.4 acres, 1.7 acres

per year, since the last review was written. The mining area consists of the stockpiles,

settling ponds, plant and mining pit. The mining pit continued east, but also south from

its origin, creating a pond that was measured to be 18.1 acres, an increase of 3. 9 acres,

average of 1.95 acres per year, since the last review was written.

Production of Sand

During 2014, which included January of2014 thru the end of December 2014,

KSC hauled sand from the Valencia Sand Pit for 190 days. During 2014 there were 5721

loads of sand or other extracted material hauled from the sand pit. An average of24.99

tons per load was delivered on an estimate of30 loads per day. A total of 142,989.1 tons

of sand was delivered from the KSC Valencia Sand Plant during 2014.

During 2015, which included January of2015 thru the end of December 2015,

KSC hauled sand from the Valencia Sand Pit for 176 days. During 2015 there were 5335

loads of sand or other extracted material hauled from the sand pit. An average of24.91

tons per load had been delivered on an estimate of 30 loads per day. A total of

132,902.80 tons of sand had been delivered from the KSC Valencia Sand Plant during

2015.

Inventory

During the 2014 period KSC produced 125,175.82 tons of sand. This production

took place during 639 hours of production. This is an average of 195.89 tons per hour of

sand produced.

During the 2015 period KSC produced 147,713.22 tons of sand. This production

took place during 648 hours of production. This is an average of 227.95 tons per hour of

sand produced.

Hauling of sand

KSC throughout both time periods has contracted with at times as many as 7

owner operators to transport sand from the Valencia Sand Pit. There have been as many

as 5 owner-operators used on the same day to exclusively deliver sand from the pit.

Valencia Road and Road Maintenance

Valencia Road appears to be holding up well. With the permission of the

Shawnee County Public Works Department, minor crack seal procedures have been

performed periodically over the past two years as preventive maintenance to protect the

road from any saturation of moisture into the subgrade during the winter months. Crack

sealing had been performed by B.B Asphalt Sealing, Inc. (Kim Bettis). Crack sealing

will continue to be done as necessary to maintain the life of the road.

Reclamation

KSC has reclaimed 18.1 acres ofthe pit as it contains water and no other

reclamation will be possible.

Permits

During planning it was determined that KSC would need to acquire all the proper

permits that would be required for the sand pit in which mining would be performed.

Below is a list of required permits and the current term for each. Some permits are one

time permits and will not need to be renewed.

Issuing Agency Kansas Department of Health and Environment Bureau of Water Kansas Department of Agriculture Div. of Water Resources Kansas Department of Health and Environment Bureau of Environmental Remediation Kansas Department of Agriculture Div. of Conservation

Permit Validity Date Storm water 1112015 to 11/2016

Groundwater 10/2006 to 10/2016

Fuel Storage

Mining Expiration 12/31/2016 License

During this two year period, KSC received inspections from the United States

Department of Labor Mine Safety and Health Administration (MSHA). Inspections were

performed on May 12, 2014 and March 30, 2015. Information on both inspections may

be found on the MSHA website.

The inspection on May 12, 2014 yielded two citations, one for failure to maintain

an adequate record for grounding of electrical equipment and the second due to the

ground resistance report was not readily available at that time of the inspection. Both

citations were terminated the same day.

The inspection on March 30, 2015 also yielded two citations. The first citation

was that a representative from KSC had failed to notify MSHA that work had begun after

the winter shutdown; this citation was terminated the same day. The second citation

involved an improper back-up alarm on a piece of mobile equipment. The hom was

repaired and the citation was terminated on April2, 2015.

Projections and Summary

KSC is planning to continue to expand the pit, approximately another 3 to 5 acres

over the next two years, while minimizing its own costs of production. Minimizing

maintenance and increasing production will help to stabilize the costs of construction

materials for the Shawnee County and Northeast Kansas Region.

Division of Environrnent Bureau of Water- Industrial Programs 1000 SW Jackson - Ste. 420 Topeka, Kansas 66612-1367 .

Susan 1\Josier, MD. Secretary

Dan Woodward Kansas Sand & Concrete Inc. 531 NWTyler Topeka, KS 66608

s Department of Health & Environment

October 16, 2015

Industrial Stormwater Permit Holders Invoice for Annual Permit Fee November 2015 through November 2016

Phone 785-296-5545 Fax: 785-296-0086

dgeisler@kdheks.gov www.kdhe.ks.gov

Sam Brown back, Governor

Dear Permittee: An Industrial Stormwatef'Permit was issued to the addressed industrial facility. K.A.R. 28-16-56d requires permit fees to be paid annually. Payment is due November 28,2015.

Facility Name: Valencia Sand Pit No. 1 Permit No. G-KS68-0001 Facility Location: Topeka Please make check payable to: KDHE Permit Fee: $60

TO BE COMPLETED BY PERMITTEE: '

Please return this form with payment to:

Dorothy Geisler, Stormwater Coordinator Kansas Dept. of Health & Environment- Bureau of Water 1000 SW Jackson- Ste. 420 Topeka,KS 66612-1367

1. Has the annual comprehensive site evaluation (Permit Section 2.4.4) been completed?~ '1 Jl-6

2. Has the SWP2 Plan been updated and certified (Permit Section 2.4.6)? ~ 'v\SL() IJ

3. Has a site drainage rriap been included per enclosed notification/information sheet? ~ \j.QA

If you answered no to either of the above questions you are required to complete the annual evaluation and/or update/modify the SWP2 Plan within 90 days of this certification date.

/1 // .LdJn ;{/~,fe~?d Signature Date

TO ENSURE PERMIT COMPLIANCE, ALL QUESTIONS MUST BE ANSWERED AND FORM SIGNED AND SUBMITTED WITH PAYMENT. PAYMENTS NOT RECEIVED BY DUE DATE WILL RESULT IN PERMIT BEING PLACED ON INACTIVE STATUS.

For official use Check No. Date only. Received:

·1 T.: CHIEF ENGINEER · Division of Water Resources

Kansas DeRartment of Agriculture 109 SW gT: STREET, 2nd Floor Topeka, KS 66612-1283

APPLICATION FOR TERM PERMIT ~ GROUNDWATER 0 SURFACE WAT-ER

(check one)

STATUTORY FILING FEE MUST ACCOMPANY THIS APPLICATION (Make check payable to the Department of Agriculture)

State of Kansas

1. Applicant: (Please print or type) 4. Name and address of owner of land upon which point of diversion is located: ·

2.

3.

Name Kansas Sand & Concrete Inc

Street _.>./.5..J3c...~1__..~.N:uWc:t......:TJ..4¥..Llse...,r~---.....,------

City and State Topeka, KS

Zip Code 66608 Telephone No. (789 235 0 ?~4

Social Security I.D. No.------------­

ancllorTaxpayeri.D.No. 48 0693463

Location of Point of Diversion:

, Twp.11 S .... , R~g .. _1.:.._4::..:E::..:•::._ ___ , {i?· ...!S::!.h~a~w:!..ln~e~e:.__ _________ County, Kansas.

Distance from Southeast Comer of Section:

---=3'-4,._0::<..-><0 _____ feet North from Southeast Co~ner

4 0 0 0 feet West froin Southeast Comer NoTE: If po1nt _of d1vers1on IS n_ot Siie specific Q.e., groundwater pii) show th~

approximate geographic center. · ~

Water Use Data:

Proposed Max. Pumping Rate (gpm) _3.:.....;.1...;.0....:0 ___ ..:__

Amount Requested ·(acre-feet) 8 0 1 per calendar year

Depth of Well (feet) -------------....J:>I..a_ ___ _ Date (completed) (will be completed) "to'::~ 1 1 2 o o 6 Drainage Basin Kansas River Name of Stream _____ ...u.t:>..._ ________ _

......... i ........ J ........... L ______________ ~~ ..... L ...... J± : I : I NE. j I j. : .I ! .

--+-- NW --+--- ---+-"- NE --t---····-----~------·--~·----·---~------·-·· •••••· S~ ·····!·.-···· SE

! I : I l ~ l I

......... i ........... L .......... i .... -.. -~ ............ L ......... I. .......... i........... N ! l ~ j l ~

__ J. __ SW --l--- ---l-- SE --l---

........ .l. .......... i ........... I. ____________ ....... .I. .... _ .... L ........ J ......... . I !. 1· I ! I

Assisted by------------------

For Office Use Only: Code REG Fee$ .TR#

DWR 1-100.7 1Rev.10/31/02l

Dan Daniel 2723 sw Glick Rd.

'f&~f'f~a:ppu!iM. st?o~Ps}aiimen; snoWing owners perm1ss1on to install diversion works has been obtained. .

• 5." Water is to be used for (b~iefly describe proposed use and explain the rate and ~uantity requested): ·

Hydraulic dredging

6. .Location of place of use: CS/2 NW/4 Sec. 21 T.11S.,R.14E.

7 .. Period of use: Commencing date:·_.-..!1!...!0':!...L/~0~6~--~---

Ending date: Oct. 2 0 1 6 ·Also enter on Item 12

If off-stream pit, check here ~­Will pit floor intersect water table? ·YesE NoD

8. Location ef.the proposed point of diversion and those of other water· users within Yz mile shalt be indicated on the diagram to the lower-left, scale 1 inch = 2,000 feet. If surtace water; indicate on the diagram the course of the stream, and its name. Ust other D.W .R. permit numbers that cover the requested point(s) of ciiVersion or place of use here:

FEE SCHEDULE Effective July 1, 2002

1. The filing fee for an applicati~n i~ based on the maximum amount of water use pr'?posed within a year. Except for storage, the fee~

Acre-feet Fee · ---o::-;oo s~.oo

101 - 320 $300.00 More than 320 $300.00 .

plus $20.00 for each additional1 00 acre-feet or any part thereof.

2. The fee for an application in which storage is requested, is:

Acre-feet Fee -o: 250 $200.00

More than 250 $200.00 plus $20.00 tor. each additional 250 acre-feet of storage or any part thereof. ·

NOTE: If an application requests both direct use and storage, the fee charged shalt be as determined under No. ·1 .£[ No. 2 above, whichever is greater, but not both fees.

3. The fee for an aoplication for a permit to appropriate water for water power purposes shalt be $100.00 plus $200.00 for each 1 00 cubic fee\ per second, cir part thereof, of the diversion rate requested .

4. There is a separate application form fo; domestic use. Do not use this form for domestic use.

CONVERSION FACTORS

1 acre-foot equals 325,851 gallons 1 million gallons equal 3.07 acre-feet

Receipt Date Check#

l(ansas Department Of Health & Environment Permit must be posted in a conspicuous place.

Effective: August I, 2015 to July 31, 2016

Owner ID: 03953 Facility ID: 44412

Be it !mown, that having properly filed application with the Kansas Department of Health and Environment and provided documentation, was found to be.in substantial compliance With laws, rules and regulations and upon the issuance of this.permit by the Secretary of Health and Environment the following is hereby authorized to operate the following described storage tanks at the addressed facility as follows: '

KANSAS SAND & CONCRETE INC 531 NTYLER TOPEKA, KS 66608

Date Issued: 06/09/2015

1000 gallon aboveground Diesel Dyed Red Tank# AOO 1

VALENCIA SAND PIT #1 i7TH & VALENCIA TOPEKA, KS 66608

~J::. .. ~ Susan Mosier, MD

Secretary

STATE OF KANSAS DIVISION OF CONSERVATION

KANSAS DEPARTMENT OF AGRICULTURE

Kansas Sand & Concrete, Inc. License No. 06-247

Be it known, that the above named, having properly filed application with the Division of Conservation, according to the provision of K.S.A. 49-605, is hereby authorized to mine rock, minerals and industrial materials, other than coal, oil & gas.

License must be posted in a conspicuous place and is not transferable .

EXPIRATION DATE: December 31, 2016 .-J.cuM' 71_.~-+zyt-

INTERIM EXECUTIVE DIRECTOR

c,GOES 746

MSHA- Mine Data Retrieval System- Mine Overview- Inspections http:/ /www.msha.gov/ drs/ A SP/ M ineAction.asp

Mine Inspections

Current Mine Information

Mine ID: 1400503

Operator: Kansas Sand & Concrete Inc. Operator History for Mine ID: 1400503 Opr. Begin Date: lJnl<nown

Operator Name Begin

End Date Mine Name:

Current Controller:

Controller Start Date:

Mine Status:

Status Date:

Mined Material:

Type of Mine:

Location:

State:

Valencia Sand Pit #1

Monarch Cement Company

lJnlmown

Intermittent

II 113/2013

Construction Sand and Gravel

Surface

Shawnee County, KS

KS

Kansas Sand & Concrete Inc. Unknown

How do I use this information? Click Here

PLEASE NOTE: The information provided by the Mine Data Retrieval System (MDRS) is based on data gathered from various MSHA systems. As there may be a lag time in data being entered into those systems, there will also be a lag in the reflection of that data on the MDRS.

Inspections Summary Report

The current operator Kansas Sand & Concrete Inc. - The starting date is Unknown

Event See # # See Viols End Date

#

Number Details Type oflnspection Begin Date

Citations Orders Safeguards

6694824 Detail• I Viohltions ~ Regular Safety and Health Inspection 3/30/2015 3/30/2015 2 0 0

6694825 Details I Special Emphasis Programs 3/30/2015 3/30/2015 No Violations Cited

6618672 Dahill• I Viol'iltion-s l Regular Safety and Health Inspection 5/ 12/2014 5/ 15/2014 2 0 0

@ Return to DRS Home Page

1 of! 1/ 18/201612:30PM

a ~

0 200' 400'

I I -IIli-

I I I I

>S!g~ I ~b.Q.

845' <9o_.,-t ..---------------. ·-f"o,.

/' --- <S'o. 428' / ~ ·---.T-- <5' 1?,·

-------'-1/ ~ 1 -------. /j...-19,r

/ ~ -' I ! i ! i ! i ! \

Limits Sand Production Area

1., \ /) \

' ' / i Waters Edge /#,.,., ;

i / ' I I ' ·-. I

I '

!----+--1 • ' I

I ' ' I

I ' ' I

~dP!t / ( , I I '

~\ ~)

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·,J-_,

~----------------------------------4-i

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

Limits of Pit on 11-12-2015

«'0 0

c§>"

. , ·, \ ·,

\ \ \ '- ..............

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

., \

\ \ \ \ i_

Center Sec. 21. T!IS. R/4£ -----

r )

~ I ' I d Rocked Access Road} 565' \ ~.§!\\

\ \

Limits Sand Production Area

'' ......... ,_

........ ____________ _ ----------------------------, .. , ________ \ ____ ,;'/' fence

92.5'

Area co tained in Sand Production Area-32.6 acres

Area co~tained in Sand Pit-18.1 acres Area coMained in Sand Pitrto Waters EdgeJ=/6.7 acres

I 1

VAL8/VCIA SAND PIT PLAN Novediber 12. 2015

I

CU05/07D & CU12/07B by Kansas Sand & Concrete, Inc. ~~""'*''"' '.~<i<i.'\oi\tlfW I · ·•· ~·;. .,~ '· ,,,.,_..,-.d

LEGAL DESCIIII'TION

l'rlrt(l( SedloniD and Sedlon e/, TOI/tiiNp II Saltl,l'lllngo 14

Valencia Road CU0&07C

=:.<~"'=:=~~~.':,..~,_- ~ \ LOT 4

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_ ,,_I!_,IIIIJIII 1111 - RM If-,__,.,. i LOT S i -------------------=:.:::=:=:.,s.::.,v.:;:,.,-::::= ~ LOT 6 1 s.ct.I/D,T//S.R/4£ _1---------BM If Ld .J If- - S,flltnoo EMIIIIIJIII lfto- IM i s.ct./11), T//S.R/4£ --------- j '~~:===.N<».::t.:::~~"' s.a.siff.,Ju«: t -------------------- ------------------ \ ::;:,-: :-::::;.":':1:" :.=r ~ 1¥ ----------------------- ;,.,------- i -- ,.,. ,_ , rlf/M/-- -----: : -·.,. ,. swr'llwm aJARri!R ., ,. lt()ffTIIf!ASI' i :

Sand Pit Site Plan and CU1W7 A

. LOT I -------- s.ct. r/, TIIS. R/41!

---------------------------------, __

--................ , ',

\ ::'I~= 'i?cr"K::f.M~S:.. m:,;r:l j \ ~ ~~ IIIINorlllhdffflllo--ff-Sedlonel~ i i ',,

KJ.II<:.J.<: RIJt:R \L ...... ----J ~

w..,.,,. rlflt- "'- ,.,N/0 £XCU'r ,.,.,,. , • : ',

rr:::t=4~:,:::::,~~-ca.:=P .... ~'!!!.?:~/!:.~ ............................ ~.......................................... ..... ' m......................................... ',,, doocrlllfll .. f-/lqtdnp(l(fllt __ ,,. : \ --,,. ___ Narlll : ' ITJI'IB'-.IHO.OO flllf.- pdlltbolnp M 1111 i \ _.,,,_-_,,___ : '

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NID ' l'rlrtofllll- hdfot- v,.., ,._ hdfff- -,

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NID ~haS& III / ........................ ! ......... . f'rlrtoffllt--offllt--ffSedlon I tD.Ttiiiii6Npi/Salti,,..,_I4EMifflllllltiii'.M..- ........... • ··•······•····•·· l =~~~;."'t.':r::..-=: ! - /TJI'IB'E..t.IDO.OO ""'·- pdllt /11/np ... lilt-... I

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~ \ I

A trac/of laM In Sedlon t/, TIIS. R/41! doocrlllfll .. fdkJtra \

=:::.r~-=,:~.:-::r.".."" \ ~:.,-;;;.;r:.;::::~::.~,., I ~ _,, __ .,,_ __ ,wllldtl•""' S Ccr.S.C.20,T/IS,RI4E ,

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-llll-

SCALE

fY ? 4f(O' lKf

[REViSED NO/EMBER 9, 2012j

RECLAMATION PLAN

A detailed reclamation plan is included in the oorrative with the Supplement to Application for Conditional Use Permit.

The limits of operating area r 150' setback line) is the approximate extent of the possible lake.

-of J65.1/',flltnoo S S#'-0'-_,.1! 0 dl- If !107.1W, I \ - s +f'-ftll'-()q I! • dl- of JU.~I'.- s Sf/'CJ'-51? I! \ \ ~~-of S/Uf¥,,_ s 56'-2.,.-,v£ • 111-"' ltllt.l!7, V/ft«///«t/4 Or,'g'ool Property L 'm'ts • . SffE DEVELOPMENT PLAN ':";",:.::;"Jitf,.~.:,:':.a::,"f.";.:·f:;,.=s,o:;z::E SHAWNEE COUNTY

1 1 1 ' _ _,, _ _._,_H,.otllltNorlllhtllffffllt * <««««««<& A-'d"'' IP rty U ·• ---N 119'-5J'-21'W. dl-., ,71'.., I I u• /tiona rope fTHtS &dd - ""' ,. , pdnt, llltJinring.

Property·

Location Map

,/'o4

:::J .., /50' Setback and Limit of Operating Area

Test Borings

Tree/Brush Lim

Direction of. Development

Draiooge ArrON

V///J Proposed Buffer Zone

Plan Prepared l?/: Fi~ & Turnipseed 603 SW Topeka Blvd. Suite 401 Topeka, KS 66603-3230

and (For Phases IA. I/, & lliJ DoN ·Geological Services, Inc. Licensed Geologist 5135 SW Urish Rd. Topeka, KS 66610

Property is currently used for agriculture and sand production.

COMPLIANCE: Use and dweloprnent of the site is subject to compliance with the terms and conditions of Res. No, 2006-10 and 2.009-19.

A Portion of:

N'/zSec. 20, Sec. 21. and NElf,Sec. 28 Allin TIIS. R/4£. Shawnee Co., Kansas (See Exhibit A. Supplement to Application for Conditional Use Permit for detailed description)

MINOR AMENDMENT TO THE VALENCIA ROAD CONDff/ONAL USE PERMff SffE PLAN: A minor amendment is herel?f granted to combine the Conditional Use Permit site

plans of CUOS/07 and CU/2/07 as a single, unified site plan; and, to eliminate the /50-foot perimeter setback buffer between the origiool CUP (CU05/07J and proposed expansion (CUIV07J and reestablish the /50-foot setback/buffer to the ·neJN east boundary of the combined site plan.

·p, Planning Director ~""" County Planning Commission

RESOLUTION NO. 2006-.i.Q__

CONDITIONAL USE .PERMIT

IT IS HEREBY ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS, SHAWNEE COUNTY, KANSAS:

SECTION 1. A CONDITIONAL USE PERMIT IS HEREBY AUTHORIZED FOR THE FOLLOWING DESCRIBED REAL PROPERTY FOR THE PURPOSE OF:

Land-based sand and gravel extraction operations on property currently zoned "RAl" Rural Agriculture District and located along the south side of the Kansas River at the northern tenninus of NW Valencia Road in Dover Township and legally described as follows:

Part of Section 20 and Section 21, To,.,11ship 11 South, Range 14 East of the 6tft P.M., Shawnee County, Kansas, described as follows: Commencing at a point where the West line of the Northeast fractional Quarter of Section 20, Township 11, Range 14 intersects the South or right bank of the Kansas River; thence South along the West line of said quarter section to the Southwest corner thereof; thence East along the South line of said fractional quarter section to the West line of Section 21 of said township and range; thence South along the West line of said Section 21 to the South line of Lot 3 of said Section 2 I; thence East along the South line of said Lot 3 to said river; thence Not1herly and Westerly along the right bank of said river through said Sections 21 and 20 to the place of beginning (being the same premises as altered by changes in the position of said river, fonnerly described in conveyances, according to plats from the original government survey, as the SOUTHWEST QUARTER of the NORTHEAST QUARTER and Lots 3, 4, and 5 of said SECTION 20, and Lots 2 and 3 of said SECTION 21); EXCEPTING therefrom that part of the North half of the Southeast Quarter of said Section 21 lying West of the right bank of said river; AND EXCEPT part of the Southeast Quarter of the Northeast Quru1er of Section 20, Township II South, Range 14 East of the 6th P.M., Shawnee County, Kansas described as follows: Beginning at the Southwest comer of the Southeast Quarter of the Northeast Quarter; thence North 1°01'18" West, 240.00 feet, said point being on the West line of the Southeast Quarter of the Northeast Quarter; thence North 90°00'00" East, 595.00 feet; thence South I 0 0 I' 18" East 240.00 feet, said point being on the South line of the Northeast Quarter: thence South 90°00'00" West 595.00 feet to the point of beginning, subject to public road and easements of record; AND

Lot 9 in Section 20, Township 11, and South; Range 14 East ofthe 6th P.M., Shawnee County, Kansas subject to public road and easements of record; AND

Part of the South half of Section 21, and the North half of Section 28, and the Southeast Quarter of Section 20, all in Township ll South, Range 14 East of the 6th P.M., Shawnee County, Kansas, described aS follows; · Beginning at a point on the North and South section line between Sections 20 and 21, Township 11 South, Range 14 East, that is 1030.6 feet North of the South corner of Sections 20 and 21, the said point being the North line of the Chicago, Rock Island and Pacific Railway right-of-way in Section 21 and marked by an iron pin in the fence line of said right-of-way; thence North on the North and South section line between Sections 20 and 21 to an iron pin set in the fence line at a point 1,364.50 feet North of the Section corner; thence North 89 degrees 4 minutes East along fence line and fence line produced 2,836 feet to an iron pin on the right bank of the Kansas Rivet; thence Southerly along the said right bank ofthe Kansas River 1,420 feet more or less to an intersection with the North line of the Chicago Rock Island & Pacific light-of-way; thence Westerly along the North line of said right-of-way 3,100 feet, more or less, to the place of beginning, subject to public road and easements of record; AND Part of the Northeast Quarter of the Southeast Quarter of Section 20, Township 11 South, Range 14 East of the 6th P.M., Shawnee County, Kansas, described as follows: Beginning at the Northwest corner of the Northeast Quarter of the Southeast Quarter; thence N01ih 90"00'00" East a distance of 595.00 feet to the True Point of Beginning, thence South 1 "0 1'18" East a distance of i 42.95 feet, thence North 90"00'00" West 595.00 feet to the West line of the Northeast Quarter of the Southeast Quarter; thence South 1 ao 1'18" East a distance of 100.00 feet, thence North 90°00'00" East 1,386.10 feet to the east line of Section 20, thence northerly along the east line to the east quarter corner of Section 20, thence westerly along the north line of the Northeast Quarter of the Southeast Quarter of Section 20 to the point ofbeginni11g, subject to public road and easements of record.

(hereinafter referred to as the "property")

SECTION 2. THIS CONDITIONAL USE PER1v1IT IS SUBJECT TO THE FOLLOWING CONDITIONS:

1. Definitions: a. Operator shall mean Kansas Sand and Concrete, Inc.; b. Owner shall mean Daniel C. & Mary L. Daniel and their successors or

assigns; c. County shall mean the Board of County Commissioners of the Cotmty of

Shavvnee, l(ansas; and d. Sand and gravel extraction operation(s) shall mean:

i. The extraction and processing of sand and gravel. ii. Transportation and hauling of sand and gravel materials.

2. The property shall be used only for sand and gravel extraction as herein defined. Although not anticipated as part of the proposed sand and gravel extraction operation> blasting will not be allowed at any time. In addition, rock crushing or concrete mixing operations will not be pennitted in conjunction with this lise.

2

3. Use and development of the property in accordance with the site development plan titled "Valencia Road Sand Pit". (See Exhibit A hereby incorporated by reference as though fully set forth herein (except as modified herein).)

4. Compliance with the Supplement to Application for Conditional Use Permit. (See Exhibit B hereby incorporated by reference as though fully set forth herein (except as modified herein).)

5. A Traffic Impact Analysis was prepared in conjunction with the Conditional Use Permit. The Traffic Impact Analysis (TIA) assessed the impact of sustained volumes of heavy truck traffic on NW Valencia Road. The TIA assessed the condition of NW Valencia Road and its capability to sustain heavy truck traffic. In addition, the TIA assessed traffic safety issues with introducing heavy truck traffic on NW Valencia Road among other factors. Improvements as recommend by the TIA are to be completed, or suitable arrangements made for completion, as determined by the Shavvnee County Public Works Department prior to commencement of sand and gravel extraction operations. (pee Exhibit C hereby incorporated by reference as though fi.llly set forth herein (except as modified herein).)

6. The operator shall erect "NO ADMITTANCE - EXTRACTION AREA: NO SWllvfMING NO TRESPASSING" signs at sufficient intervals along the perimeter of the property to provide the public with adequate notice of the nature of the operation. In addition, the operator shall conspicuously maintain a sign at the access points to the permit area; the sign(s) shall list: the name, address, and phone number of the operator, the nature of the operation, and the Conditional Use Pennit number. In addition, the operator shall maintain a locking security gate for hours of non-operation at the quarry entrance.

7. Approval of the Engineering ''No-Rise" Certification and issuance of a Shawnee CoWlty Floodplain Development Permit

8. The sand and gravel extraction operation shall be restricted to no more than thirty (30) vehjcJe trips per day. A "vehicle trip" shall consist of a trip to the property by an empty sand hauling truck and a trip away from the property by a loaded sand hauling truck. A "vehicle trip" shall not consist of a trip made by a service vehicle to and from the property.

9. The owner/operator will also be permitted to transport and sell topsoil from the property. Any sale and/or removal of topsoil shall be clearly incidental and subordinate to the primary function of the property for sand and gravel extraction. Topsoil removal shall be confined to the operation of the sand and gravel extraction operation. Excess overburden or topsoil may be deposited in the lake at

3

the conclusion of extraction operations, but at no time shall landfill materials (e.g. sanitary, construction and demolition, clean rubble, or otherwise) be deposited in the lake(s) or at any other location on the property.

10. Sand and gravel extraction operations shall be restricted to the hours of 8:00 a.m. to 5:00p.m. and shall be restricted to weekdays, Monday through Friday. The operator shall be allowed to power up equipment and commence the extraction of sand and gravel and the stockpiling of sand and gravel beginning at 7:00 a.m. with hauling operations commencing at 8:00 a.m. No sand and gravel extraction operations shall take place on weekends, New Years Day, Christmas Day, or Thanksgiving Day.

11. A 150-foot setback shall be maintained around the perimeter ofthe pennit area. It is the intent of the setback to maintain an undisturbed buffer area around the perimeter of the site as much as possible. No sand production shall occur or equipment be placed within the required setback area.

12. Airborne dust produced as a result of the sand and gravel extraction operations operation shall be controlled by the operator and shall comply with all requirements of the Air Quality Standards and Regulations of the Kansas Department of Health and Environment. It is the operator's responsibility to take proper measures to insure that all overburden and extracted materials are properly stabilized and/or vegetated to prevent erosion onto adjoining properties or into the Kansas River. Further, the sand and gravel extraction operation shall comply with New Source Performance Standards applicable to non-metallic mining as set forth by the Federal Environmental Protection Agency. The standards set forth above shall be minimum requirements and said sand and gravel extraction operation shall conform to any and all more restrictive standards which may be established by the State and/or Federal agencies.

13. All applicable regulations of the Environmental Protection Agency; Kansas Department of Agriculture - Water Resources Division; Kansas Department of Health and Environment; and any other applicable agency shall be strictly adhered to and any permit required by these agencies shall be obtained by the operator. A copy of all required perrnit(s) shall be provided to the Shawnee County Planning Department. It is the intent of the County that the operator be subject to such stricter regulations, if any, that may be adopted in the future by any such agency without further action by the County and that the operator shall accommodate to any and all changes in law and regulations then applicable accordingly. The County reserves the right to apply any new resolutions or regulations to the operator.

14. Access to the site shall be restricted to a single drive entrance on NW Valencia

4

Road as referenced on the Valencia Road Sand Pit Site Plan. The haul route for truck traffic shall be restricted to NW Valencia Road between the drive entrance and the I-70 interchange. Sand and gravel materials shall be transported to Kansas Sand and Concrete's main facility at 531 NW Tyler Street for production of concrete and other materials. Sand and gravel materials shall not be transported from the property to any other location without prior written approval from the County.

15. The truck haul route will necessitate the replacement of a wooden culvert structure on the south side of the railroad tracks. The Shawnee County Public Works Department has established that the applicant's share of design, utility relocation, and construction engineering costs to be $47,500.00. Replacement of the wooden culvert structure must be completed prior to commencement of sand and extraction operations.

16. If, at any time during the duration of this permit, any residential water well located at an address listed below runs dry or lacks a sufficient water supply, the Operator shall be responsible to pay the expense associated witll connecting the affected residence(s) to the rural water system. In any such instance, the Operator shall also bear the monthly expense of providing rural water service to the affected residence(s) for the duration of this permit. The decision as to whether a residential well has run dry or lacks sufficient water supply shall be conclusively determined by the Shawnee County Health Agency.

Address --11 036 NW 15th St. [11 025 NW 15th St. l12200 NW 17th St. 1 0950 NW 17th St. r1§25 NW Valencia Rd. 1622 NW Valencia Rd. 1630 NW Valencia Rd. 1536 NW Valencia Rd. 1 0340 NW 13th St. 1 0326 NW 13th St.

17. The County, or its designated representative(s) shall have the right, without advance notice, to enter the property and inspect the sand and gravel operation for compliance with the conditions of the pennit. The County shall have the authority to:

a. Order the stoppage of any operation not in compliance with this

5

Conditional Use Permit or other applicable law ..

b. If there is a failure to· comply with any of the provisions of the permit, order the operator to adopt such remedial measures as are necessary to comply with the terms of this permit. The operator shall be given up to thirty (30) days to rectify the condition. If such conditions have not been resolved within this time period, the County shall have the authority to revoke all or any portion of this Conditional Use Permit.

c. · Order the immediate suspension of operations if, after due notice and an opportunity to be heard, it is detennined by the C01mty that the permitted operation is causing, or can reasonably be expected to cause, a significant imminent danger to the health, safety, or welfare of the public, or to the environmental quality of the surrounding area. Where it is found that the danger cannot be abated, the County may immediately suspend the operation. Vv'here the conditions do not pose an imminent threat, the operator shall be given up to thirty (30) days to rectify the problem. If the conditions have not been resolved within that time period, the County shall have the authority to revoke all or a portion of this Conditional Use Permit.

d. If a pattern of unwarranted violation of the conditions of the permit is found to exist as a result of the permitted use, the County shall have the right, after due notice and hearing before the Board of Shawnee County Commissioners, to suspend this Conditional Use Permit.

e. Order the operator to adopt such remedial measures as are necessary to comply with the terms of this Conditional Use Permit and to issue, after due process, a final order revoking this Conditional Use Permit when the required actions have not been taken.

18. At the conclusion of the sand and gravel extraction operation, the operator shall provide for the reclamation of the affected area in a manner as prescribed by the State Conservation Commission. The result of excavation will be the creation of a lake, approximately 200-acres in size. The reclamation plan should provide that:

a. All portions of the property where overburden and spoils have been placed shall be graded to allow seeding and mowing with normal farm equipment or placed back into the resulting lake.

b. Finished side slopes shall be maintained at a 3:1 ratio for stability and shall be vegetated to allow for mowing and minimize incidence of erosion. Rip rap consisting of limestone may be required, if necessary, to provide

6

wind and water erosion protection of an embankment.

c. 'All equipment and structures used in conjunction with the operation shall be removed from the property.

19. The operator shall deposit and maintain a performance bond for the reclamation of areas disturbed by sand and gravel extraction operations on the property prior to commencing any operations. Said performance bond shaH extend and remain in effect during the total operation period. A copy of the perfonnance bond shall be filed with the Shavmee County Planning Department.·

20. Any changes, modifications, or amendments to this Conditional Use Permit, including a request for an extension of time for the period of operation, shall be submitted to the County for consideration, processing (notice of hearing) and approval prior to any change, modification or amendment to this Conditional Use Permit.

21. All planned extraction operations, including reclamation, shall be completed by December 31, 2035 unless the operator has specifically requested an extension prior to the aforementioned date. A request for an extension of time shall be submitted in writing to the Shawnee County Planning Department for processing. The request shall state the additional time requested and why the extraction operation was not completed with the timeframe allowed. In addition, the request shall be accompanied by a detailed report of extraction operations to date along with identification of the area remaining to be excavated and estimated volume of material to be removed. The Shawnee County Planning Department shall transfer the request for extension to the Cmmty for consideration. The County may refer the request to the Shawnee County Planning Commission for public hearing and recommendation before taking action. It shall be determined that the extraction operation is in full compliance with the terms and conditions of this Conditional Use Permit before taking action on such request.

22. The sand and gravel operation shall be subject to review following the first year of operation and every two (2) years thereafter. It shall be the responsibility of the operator, beginning on the anniversary of the first year of operation and every second year thereafter, to submit a detailed report of sand and gravel extraction operations to date and a detailed two (2) year plan indicating phases of operation; extent and tonnage of stockpile areas; volume (tonnage) of sand and gravel material that bus been excavated; estimated volume (tonnage) of material to be extracted; volume (tonnage) of material that has been hauled off-site; extent of reclamation to date; submit documentation of continued compliance with local, state and federal entities, etc. The operator shall submit the detailed report and plan to the Shawnee County Planning Department for review and report to the County. The Shawnee Cotmty Planning Director may consult with other County

7

departments, or state and federal entities before submitting its report to the County. ·should modifications to the original Restrictions of Use be proposed, the County may submit such modifications to the Shawnee County Planning Commission for public hearing and recommendation, prior to final consideration by the Board of Shawnee County Commissioners.

23. Prior to the commencement of sand and gravel extraction operations, the Shawnee County Public Works Department shall record the condition of the roadway. Prior to each review conducted in accordance with paragraph 22 above, the Shavmee COlmty Public Works Department shall create a report of any damage to the roadway beyond normal wear and tear that is attributable to the sand and gravel extraction operations. Such report shall be submitted to the Operator for input on repair options and alternatives from the Operator before plans for repair are finalized. Operator shall be responsible to reimburse the County for any such damage. Faihrre to reimburse the County for such damage shall be grounds for immediate revocation of this permit by the County. This condition is operative only to the extent that the County continues with its normal maintenance schedule on the roadway.

24. Operator shall undertake all reasonable actions to insure that truck driver(s) engaged in transporting sand and/or gravel materials from the site or returning empty to the property obey traffic laws. In the event any such truck driver pleads no contest, obtains a diversion or is convicted of violating any traffic law(s) upon the haul route on NW Valencia Road between the drive entrance and the I-70 interchange, the County may review this permit for purposes of determining whether to order the Operator to adopt such remedial measures as are necessary to insure compliance with all traffic laws and may issue, after due process, a final order suspending or revoking this Conditional Use Permit when the required actions have not been taken.

25. All sand and gravel extraction operations, including site reclamation, shall be performed by Kansas Sand and Concrete, Inc. and agents acting on their behalf. This Conditional Use Permit shall not be transferred or assigned to any other entity without the written approval of the County.

26. The operator shall designate and notify the County of the name, address, and telephone number of its compliance officers (and in case of change, forthwith re­notify) who shall have the responsibility of handling and investigating all complaints and claims involving this quarry operation: Such compliance officer shall, within thirty (30) days from such complaint or claim, respond to such complaint with resolution or setting forth its position ·with regard to such claim or complaint. The complainants shall have the right thereafter to contact the County which shall have the authority to ask for further explanation and response from the operator, if the County deems necessary. This provision, however, shall not

8

affect or abrogate any legal rights involved by any of these parties. Operator shall !:'!]so summarize claims and .coniplaints and the present status of each and forward such report to the County annually as of the date of this pennit.

27. By the signature of their authorized agent, Kansas Sand·and Concrete, Inc., agrees to be bound by the provisions ofthls Conditional Use Permit.

SECTION 3. THIS RESOLUTION SH:ALL BECOME EFFECTIVE UPON ENDORSEMENT BY THE MEMBERS OF THE BOARD OF SHAWNEE COUNTY COMMISSIONERS AND PUBLICATION IN THE OFFICIAL COUNTY NEWSPAPER.

ATTEST:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

~ Vic Miller, Chairman

Approved as to Legality

_andFo~~·~ ASST. I QQ.UNSibQR

9

AQ13~2[2 Applicant: Daniel C. Daniel

STATE OF KANSAS ) ) ss.

COUNTY OF SHAWNEE )

'fJ1 Subscribed and sworn to by Daniel C. Daniel, before me on this If. . day of January,

2006.

N~T ARY PUBUC • Statt of Kansa$ KAREN K. LEON

My Appt. Exp. .

My Commission Expires: ~~ 3/> :2oo1

STATE OF K.A.NSAS ) ) ss.

COUNTY OF SHAWNEE )

Notary Public

·fA Subscribed and sworn to by Mary L. Daniel, before me on this /) day of January,

2006.

liOiARY PUBUC ·$tate of Kwaa KAREN K. LEON

MyAwt.Exp. .

My Commission Expires: ~ 3/1.;2W7

10

~H?k Notary ublic

By: thn t/ocdottr4 u/J Operator: Kansas Sand and Concrete, Inc.

STATE OF KANSAS ) ) ss.

COUNTY OF SHAWNEE )

Subscribed and sworn to by ilin f.Docdv..xud , before me on this /I+J-1 day of January, 2006.

*OTAAY PllBUC • State of ICaasu

KAREN K. LEON l!y App!.ltql.

My Commission Expires: Jc.J :j 3/ C)OOI t

11

Notary Public

---·-·- ··- .. .. . . . . . . 14 RESOLUTION NO. 2009--4--t--

;:u_, h //5 he oe ; 7\./

/Yle.fro 71ewS OIV

.3/&/o'J

A RESOLUTION AMENDING RESOLUTION No. 2006-10 ESTABLISIDNG A CONDITIONAL USE

PERMIT FOR A SAND AND GRAVEL EXTRACTION OPERATION

WHEREAS, On January 9, 2006, the Board of County Commissioners of the County

of Shawnee, Kansas adopted Resolution No. 2006-10 establishing a conditional use permit

(permit) for a sand and gravel extraction operation; and -:--··- ";- ----· --~---. : ..... ·- ::.: .. -. ~· :.:.._ ..... _~ .. ···· .. ..:..,_ ....

WHEREAS, the Board of County Commissioners of the County of Shawnee, Kansas

desires to amend the permit in accordance with paragraph 20;

NOW, THEREFORE, The Board of County Commissioners of the County of

Shawnee, Kansas, meeting in regular session on this £day of March, 2009, does hereby

resolve as follows:

1. Paragraph 8 of Resolution No. 2006-10 is hereby amended to read as follows:

The sand and gravel extraction operation shall be restricted to no more than thirty-five (35) vehicle trips per day. A ''vehicle trip" shall consist of a trip to the property by an empty sand hauling truck and a trip away from the property by a loaded sand hauling truck. A vehicle trip shall not consist of a trip made by a service vehicle to and from the property.

2. Paragraph 14 of Resolution No. 2006-10 is hereby amended to read as follows:

Access to the site shall be restricted to a single drive entrance on NW Valencia Road as referenced on the Valencia Road Sand Pit Site Plan. The haul route for truck traffic shall be restricted to NW Valencia Road between the drive entr:.ance and the I-70 interchange. The operator- shall be allowed to deliver sand to any location on the Valencia Road haul route. Otherwise, sand and gravel materials shall be transported to Kansas Sand and Concrete's main facility at 531 NW Tyler Street or any other location accessible from the terminus of the Valencia Road haul route at the Kansas Department of Transportation (I-70) right-of-way.

3. Resolution No. 2008-39 adopted on March 13, 2008, is hereby rescinded.

4. All other provisions of Resolution.No .. 2006-10 not. in. conflict herewith.:sbalL

remain in full force and effect.

ATTEST:

APPROVED AS TO FORM AND LEGALITY BY THE SHAWNEE COUNTY C UNSELOR'S OFFICE

DATE ·-s /7 i

BOARD OF COUNTY CO:MMJSSIONERS SHAWNEE COUNTY, KANSAS

Vic Miller, Ch~ir-

··-~ Michele A. Buhler,.Vice-Chair

Theodore D. Ensley, Member

2

BY ORDER OF THE BOARD OF COMMISSIONERS, SHAWNEE COUNTY, KANSAS

.RESOLUTION :L..ot:J._- I oGY

CONDITIONAL USE PERMIT

IS HEREBY ADOPTED IN ACCORDANCE WITH K.S.A. 12-755, 12-757 AND THE COMPREHENSIVE ZONING REGULATIONS, SHAWNEE COUNTY, KANSAS.

SECTION 1. THIS RESOLUTION HEREBY AUTHORIZES A CONDITIONAL USE PERMIT FOR THE FOLLOWING DESCRIBED REAL PROPERTY FOR THE PURPOSE OF: TO ESTABLISH AN OFF-RIVER SAND EXTRACTION OPERATION AS AN EXTENSION OF THE VALENCIA ROAD SAND PIT OPERAT-ED BY KANSAS SAND ON PROPERTY CURRENTLY ZONED "RA-1" RURAL AGRICULTURE DISTRICT AND LOCATED ON THE SOUTH SIDE OF THE KANSAS RIVER AT NW 17tH STREET AND NW VALENCIA ROAD IN DOVER TOWNSHIP AND LEGALLY DESCRIBED AS FOLLOWS:

A tract ofland in Section 21, Township 11 South, Range 14 East described as follows:

Beginning at the Northwest corner of the Southeast Quarter of the Southeast Quarter, which is also the Northeast corner of Lot 4, thence North 89 degrees 53 seconds 21 minutes West, a distance of 1289.35 feet along the South line of the North half of the Southeast Quarter to the Southwest corner of the Northwest Quarter of the Southeast Quarter, which is also the Southeast comer of Lot 3; thence North 89 degrees 53 minutes 21 seconds West, a distance of 237.18 feet; thence North 01 degrees 19 minutes 49 seconds East, a distance of 2,049.78 feet along the center of a tree row to a point on the high bank of the Kansas River; thence Southeasterly along the high bank of the Kansas River, South 61 degrees 13 minutes 14 seconds East, a distance of 275.18 feet; thence South 39 degrees 51 minutes 00 seconds East, a distance of 365.81 feet; thence South 34 degrees 27 minutes 38 seconds East, a distance of 507.66 feet; thence South 44 degrees 26 minutes 00 seconds East, a distance of 362.31 feet; thence South 59 degrees 03 minutes 52 seconds East, a distance of 512.96 feet; thence South 56 degrees 24 minutes 19 seconds East, a distance of 162.29 feet; thence South 38 degrees 32 minutes 21 seconds East, a distance of 331.16 feet; thence South 03 degrees 23 minutes 27 seconds East, a ·distance of 350.31 feet, more or less to the intersection of the high bank of the Kansas River and the South line of the North half of the Southeast Quarter; thence North 89 degrees 53 minutes

· 21 seconds West, a distance of339.77 feet along said South line to the point ofbeginning, containing 50.2 acres, more or less, together with any accretion land, said land lying South and West of the bordering Kansas River, Shawnee County, Kansas.

SECTION 2. CONDITIONS SUBJECT TO:

1. Use and development of the site in accordance with the site development plan titled Valencia Road Sand Pit Site Plan.

2. Compliance with the Supplement to Application for Conditional Use Permit.

3. Compliance with all the terms and conditions of Resolution No. 2006-10 and as may be subsequently amended.

4. Compliance with all the terms and conditions of Resolution No. 2009-19 and as may be subsequently amended.

5. Approval of a Shawnee County Floodplain Development Permit.

SECTION 3. THIS RESOLUTION' SHALL BECOME EFFECTIVE UPON ENDORSEMENT BY TI-ffi MEMBERS OF THE BOARD OF COMMISSIONERS AND PUBLICATION IN THE OFFICIAL COUNTY NEWSP AP.ER.

DATE: a?db4r dCZ '2012.

--r .dk>ar2 ~9

Michele A B er, MEMBER

ATTEST:

Applicant: Kansas Sand and Concrete, LLC CASE NO: CU12/07

Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street

Topeka, Kansas 66603-3933

Memorandum

DATE: February 8, 2016

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Contract with Eagle Software, Inc.

The Information Technology department is requesting approval to renew annual maintenance agreements with Eagle Software, Inc. in the amount of $6,539.46 for level one support for CommVault software and $5,339.88 for hardware support of a Spectralogic T120 Tape Drive system. The CommVault software and the Spectralogic tape drive hardware comprise the system used to provide data backup services for most of the county's application and file servers.

Funding to support this issue, $1' 1,879.34 is contained in the 2016 Information Technology budget.

CPO/mro

fax 785-291-4907 phone 785-233-8200 ext. 4030

' From:

• eagle

SHAWNEE COUN.ll CONTRACT atC@-;J-.O \\o

Eagle Technologies

candi Chard Prepared for: Eagle Technologies 124 Indiana Ave. Salina, KS 67401 United States (800) 477-5432 candic@eagleinc.com

Marc Price Shawnee County Info. Technology Suite 225 1515 SW Saline Topeka, KS 66618 United States (785) 233·8200 marc.prlce@snco.us

Quote# 3629 (March.June) 2016 CV,RMS, SL Rnwl Prepared: Wed 02/03/2016 9:04 AM UTC·06

Level1 Support provided by EAGLE with Level 2/3 escalation to CV; 7x24x365toll free support; Includes all major/minor product releases.

CommVault CommCeiiiD F6779 Term of coverage 3.22.2016 • 3.21.2017

1 AFP·ADCO 1 AFP-ADMM 1 CommServe 1 DA·AcUve Directory 1 DA-Exch MB/DB/PF/WF 30 DA·Windows Server 2000 2 Drive Management Software

Manao1em1ent Software

Monitoring Servicing CommVault and Spectra Lagle; EAGLE Help Desk receives and reviews reports, critical alerts and no!lficalfons to proactively assist In maintaining the health of the

3.22.2016-3.21.2017

1.00 Next Business Day On Site Coverage

Spectra logic T120 SN: 1222501 Term of 6.21.2016- 6.20.2017

., ..... ···,. .. . ; (

Signature=-----------~-----

To accept this quote, please sign and return to orders@eagleinc.com

$950.00

$5,339.88

Subtotal: $111879,34

Tax: $0.00

Date: ____ _

Terms and Conditions: Pricing Is valid for 30 days from the date of the quotation. Taxes will be added In accordance with state law. Shipping and Handling charges (FOB shipping point), freight charges, shipping Insurance and administration fees may apply. Payment Terms are Net 30. Pricing and availability are subject to change without notice. Purchaser acknowledges that, despite the best efforts and reasonable precautions of EAGLE SOftware Inc., products or services may be listed at an incorrect price or with incorrect information due to a typographical error or oversight. In such circumstances, EAGLE Software Inc. reserves the right, prior to delivery, to cancel the transaction even though Purchaser acceptance may have been confirmed. All products are non·returnable unless otherwise provided by the Manufacturer's Return Polley. Purchaser also agrees that this transaction will be governed by the Manufacturer's Terms and Conditions of Sale If any. ·

Approved as to Legality and Form: Date ··'-~?·'I Co

·T:::t~rr·c;·o:~coo~.W~

Memorandum

DATE: February 8, 2016

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street

Topeka, Kansas 66603-3933

RE: Purchase for subscription to use Adobe Creative Cloud from Software House International.

The Information Technology department is requesting permission to purchase a 9 month subscription for 2 licenses to use Adobe Creative Cloud for Teams software from Software House International. This software will be used by Information Technology staff to create digital imagery for web pages and presentations and to permit PDF file manipulation (editing and\or conversions to other file formats). Funding to support this purchase, $1,134.00, is included in the Information Technology 2016 budget.

Additionally, permission is being requested to purchase a full year subscription for the 2 licenses when the above 9 month subscriptions lapse in November of 2016. Funding for this purchase, not to exceed $1,600, is included in the Information Technology 2016 budget.

CPO/mro

fax 785-2.91-4.907 phone 785-233-8200 ext. 4030

: Hi Jo,

Please see below for your requested quote. If you have any questions or concerns, please feel free to contact me. Please send all PO's to MOKA@shi.com.

Thanks, Chris Oliva

SHAWNEE COUNT} CONTRACt 1£~1:~-~ t \p

Pricing Proposal ,__

KS-SHAWNEE CNTY

Jo Atkinson 1515 NW Saline Suite 225 Topeka, KS 66618 United States Phone: (785) 251-6093 Fax: (785) 291-4965 Email: Jo.Atkinson@snco.us

All Prices are in US Dollar(USD)

Quotation #:

Description: [--------·--·-Reference #:

!Created On:

11000572

~~_t_~rain~~dobe - PO Pricing --~--.--~

VIP# BFBCECED1 DF50483B9FA

Feb-04-2016

Mar-05-2016

Inside Account Manager

Chris Oliva 290 Davidson Ave Somerset, NJ 08873 Phone: 888-394-5232 Fax: 888-394-5322 Email: Chris_Oiiva@shi.com

--

-

Product Qty Your Price Total

2 Adobe Creative Cloud for teams - Subscription license ( 1 year) - 1 user- Value 2 $567.00 $1,134.00 Incentive Plan -level1 ( 1-49)- 0 points- Win, Mac- Multi North American Language

Adobe- Part#: 65206830BC01A12 Note: 9 Months Remaining

Additional Comments

SHI is the sole reseller to the State of Kansas Contract# 36093 for Software. Pricing reflected within is for Net 30 account orders unless a credit card purchase was requested. Thank you for choosing SHI and feel free to visit our website below.

www.ships.shi.com

ID-­PASSWORD: '&

HAVE FEEDBACK? Please email david_rounds@shi.com

Retrieve your quote:

https://www.shi.com/Quotes/Quoteinfo.aspx

The Products offered under this proposal are subject to the SH/ Return Poficv. unless there is an existing agreement between

SHI and the Customer. d to Legali~ Approve as 1 l-4-and Form: Date . .~

A"ssT::-to. couNt~L.oR

.· HiJo,

Here is your requested quote. If you have any questions or need anything else, please feel free to contact me.

Please send all orders to moka@shi.com or fax to 888-394-5322, and our team will process for you.

Thank you! Laura Kantlehner

KS-SHAWNEE CNTY

Jo Atkinson 1515 NW Saline Suite 225 Topeka, KS 66618 United States Phone: (785) 251-6093 Fax: (785) 291-4965 Email: Jo.Atkinson@snco.us

All Prices are in US Dollar(USD)

Inside Account Manager

Laura Kantlehner 290 Davidson Avenue Somerset, NJ 08873 Phone: 888-394-5232 Fax: 888-394-5322 Email: Laura_Kantlehner@shi.com

Product Qty Your Price

Adobe Creative Cloud for teams - Subscription license ( 1 year) - 1 user- Value 2 $756.00 Incentive Plan -level1 ( 1-49)- 0 points- Win, Mac- Multi North American Language

Adobe- Part#: 65206830BC01A12 Note: A VIP enrollment is required to purchase this pricing.

Total

$1 ,5.12.00

Total $1,512.00

Additional Comments

Pricing reflected within is for Net 30 account orders unless a credit card purchase was requested. Thank you for choosing SHI and feel free to visit our website below.

www.ships.shi.com

10 ·­PASSWORD:~-·

KS Contract# ~93

HAVE FEEDBACK? Please email david_rounds@shi.com

"' Retrieve your quote:

https:l/www.shi.com/Quotes/Quoteinfo.aspx

The Products offered under this proposal are subject to the SHI Return Policy. unless there is an existing agreement between SHI and the Customer.

c_ Shawnee County 3

Information Technology Room 205, Courthouse

200 SE 7th Street

Topeka, Kansas 66603-3933

Memorandum

DATE: February 8, 2016

To: Board of County Commissioners J/ From: Pat Oblander, Information Technology Director

RE: 1 year subscription for ReSharper Ultimate software.

The Information Technology department is requesting permission to purchase a 1 year subscription for 7 licenses to use ReSharper Ultimate software from Software House International. This software will be used by Information Technology staff to detect and resolve inefficiencies or errors in software code as software is developed in house. Funding to support this purchase, $2,597.00, is included in the Information Technology 2016 budget.

CPO/mro

phone 785-2JJ-8200 ext. IJOJO

Hi Jo,

Please see below for your requested quote. If you have any questions or concerns, please feel free to contact me.

Please send all PO's to MOKA@shi.com. SHAWNEE COUNTY Thanks, Chris Oliva CONTRACT iEC.$-~?*\ b

Pricing Proposal

KS-SHAWNEE CNTY

JoAtkinson 1515 NW Saline Suite225 Topeka, KS 66618 United States Phone: (785) 251-6093 Fax: (785) 291-4965 Ema~: Jo.Atkinson@snco.us

All Prices are in US Dollar(USD)

Product

Quotation #:

Description:

Reference #:

Created On:

Valid Until:

ReSharper Ultimate -Annual subscription JetBrains- Part#: C-8.RSU-Y

2

Additional Comments

11003099

JetBrains/Adobe - PO Pricing(2)

VIP# BFBCECED1DF5D48389FA

Feb-04-2016

Mar-05-2016

Inside Account Manager

Chris Oliva 290 Davidson Ave Somerset, NJ 08873 Phone: 888-394-5232 Fax: 888-394-5322 Email: Chris_Oiiva@shi.com

Qty Your Price

7 $371.00

Total

$2,597.00

Total -$3,731.00

1 :?) 097.0 0

SHI is the sole reseller to the State of Kansas Contract# 36093 for Software. Pricing reflected within is for Net 30 account orders unless a credit card purchase was requested. Thank you for choosing SHI and feel free to visit our website below. ·

www.ships.shi.com ID: kansas PASSWORD: software

HAVE FEEDBACK? Please email david_rounds@shi.com

Retrieve your quote:

https://www.shi.com/Quotes/Quoteinfo.aspx

The Products offered under this proposal are subject to the SHI Return Policv. unless there is an existing agreement between SHI and the Customer.

Approved as to Legality and Form: Date 1..- r~ G

_ ~ u1 : ASST. CO. COUN ELOR

Shawnee County Health Agency

February 4, 2016

TO:

FROM:

Board of Commissioners Shawnee County

Alice Weingartne;v=> Director - Coiiliiiunity Health Center

Leading the Way to a Healthier Shawnee County

RE: Approval to utilize temporary staffing agency to fill OAII Positions in the Shawnee County Health Agency - Community Health Center (SCHA-CHC)

Action requested: Approval to fill OAII positions in the SCHA-CHC through the temporary staffing agency Key Staffing until such time vacant OAII positions are filled.

The CHC has had two OAII positions vacant for a number of months with no successful bidders or qualified applicants forwarded to our office. We are requesting to use a staffing agency to fill these positions. The use of a staffing agency will help in reducing the burden and stress on clerical staff and ensure appropriate staffing levels for covering operations.

The OAII position is important in helping to maintain clinic flow by assisting with telephone triage, case management and nurse visits as well as assisting providers.

We have met and conferred with the Teamsters representative and they are agreeable to this request.

The rate quoted by Key Staffing is $15.41 per hour. These are funded positions in the 2016 budget.

C: Jim Crowl, Interim County Human Resources Director Mike Scribner, Teamsters Dianna Yates, Division Manager

1615 SW 8th Topeka, KS 66606 I 785.251.2000 www.shawneehealth.org

2815 SW Wanamaker Rd., Topeka, KS 66614 -··Phone (785) 272·9999 ··-·· Fax (785) 273-7799

TERMS & CONDITIONS

CLIENT RESPONSIBILITIES

1. CLIENT agrees that it will not entrust Assigned Employees with unattended premises, cash, checks, keys,

credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other

valuables without the express prior written permission of Key Staffing and then only under Key Staffing's

direct supervision and control. CLIENT agrees that it also will not request or permit any Assigned

Employee to use a vehicle, regardless of ownership, in connection with the performance of services for CLIENT.

2. CLIENT's signature on timesheet or email verification for a timesheet certifies that the hours are correct,

that the work was performed to CLIENT's satisfaction, and authorizes Key Staffing to bill CLIENT for such

hours. CLIENT agrees that, in the event an Assigned Employee works for CLIENT more than forty (40)

hours in any work week, Employee will be paid at time and one-half and CLIENT will pay an increase in the

bill rate to reflect such additional compensation plus applicable markup.

3. CLIENT agrees not to directly or Indirectly cause or permit any Employee assigned to CLIENT by Key

Staffing to transfer to another entity's payroll to perform services for CLIENT, to hire Assigned Employee

directly on to its own payroll or engage such employee as an independent contractor, or to refer Assigned

Employee/Candidate to any other employer for a period of one (1) year after such assignment ends. In

the event that CLIENT hires or so engages services of Assigned Employee prior to such one (1) year period,

CLIENT shall pay to Key Staffing a placement fee in the amount equal to Key Staffing's standard placement

fee prorated by the number of hours remaining on the temp to hire agreement, unless said employee has

fulfilled working 520 hours at client through Key Staffing.

4. CLIENT agrees to pay Net Upon Receipt of Invoice, and to pay late charges of $25.00 per month or the

maximum legal rate, whichever is higher on any unpaid balances after 30 days from the date of invoice.

In addition to late charges, CLIENT agrees to pay all collection expenses, including attorney's fees, interest

and court costs. If suit is required, Shawnee County in the state of KS has jurisdiction and all proceedings

will be held in Shawnee County.

5. CLIENTS are required to contact a Key Staffing Specialist at least four (4) hours before the start of an

assignment for order cancellations. This allows Key to notify the Assigned Employee before he or she is

en route for the assignment. If CLIENT does not provide advance notice and Assigned Employee arrives

for the assignment, he or she will be paid a two hour travel allowance. CLIENT agrees to be Invoiced

accordingly.

6. CLIENT agrees to a daily minimum placement period of four (4) hours. CLIENT authorizes Key Staffing to

bill a minimum of four (4) hours per day for each day worked by an Assigned Employee.

KEY STAFFING RESPONSIBILITIES

1. CLIENT agrees that Key's obligation to CLIENT is limited to assigning employees with certain skills and

abilities and, with regard to such employees, to maintain personnel and payroll records; calculate and pay

Revised 12/3/2010

wages; withhold and remit payroll taxes and other government-mandated charges; hire, assign, reassign, counsel, discipline and discharge; and handle work·related claims and complaints.

2. Key values CLIENT satisfaction. If for any reason, our assigned employee does not meet your minimum stated requirements, simply contact one of our Staffing Specialists within the first eight hours and you will not be charged for the hours worked, Upon your request, we will provide a suitable replacement.

3. Ail candidates recruited, reviewed, referred, and hired by Key are considered In accordance with Presidential Executive Order No. 11246 as amended by E.O. 11375 pertaining to Equal Employment Opportunity. We base employment and referral on merit, ability, and experience without regard to race, color, religion, sex, age, or national origin.

4. Key's application procedures, hiring, and all other employment practices are In compliance with ADA. Applicants with a disability easily access our facility. Our staff has been trained on the Americans With Disabilities Act, We ask that our customers help In our compliance by providing complete job descrlpUons, Including the essential functions ofthe job-

s. Key Is strongly committed to providing a safe work environment for Its employees, Illegal use of drugs and alcohol abuse can result in Impairment on the job, which compromises the safe work environment that Is essential to Key and our clients. Key Staffing has Implemented a comprehensive drug and alcohol policy designed to provide for a safer work environment and to ensure that Key employees provide a quality work product. Key Staffing will not tolerate substance abuse. Employees testing positive for the Illegal use of drugs will be terminated. Applicants will be subjected to pre-employment drug testing when required by the client company, or when Key determines the position Is sufficiently safety-sensitive to warrant testing. Key's policy Includes reasonable-suspicion and mandatory post·accldent testing_

6. Key Is very concerned about the safety of Its employees and therefore has a safety program In place. This program includes a safety training video, job analysis, availability of safety equipment, workplace safety evaluation and consultation, a post-accident drug testing policy, and accident Investigation procedures.

7. Key has Instituted the following Quality Assurance measures to Insure the Assigned Employee Is meeting CLIENT standards:

a. On the first day of all new assignments a Staftlng Specialist will confirm the Assigned Employee's arrival on the job,

b. A Quality Control Card will be mailed to the supervisor to monitor the Assigned Employee's performance and to assist us In placing suitable employees In the future.

c. A Staffing Specialist will contact the CLIENT by phone to Insure the Assigned Employee Is meeting or exceeding the job requirements In all areas, Including skills, productivity, appearance, attitude, and attendance,

8. If, for any reason, a Key Assigned Employee does not meet CLIENT stated requirements, a suitable replacement will be provided the following day or as soon as reasonably possible.

I AGREE THAT I HAVE READ AND UNDERSTAND All OF THE ABOVE RESPONSIBILITIES.

CLIENT:

Name of Client Representative ·

KEY STAFFING:

?ML- ~csc;;.~t<..'l Name of Key Representative

Revised 12/3/2010

Representative Signature

Representative Signature

Approvnf! as to LeonHi:y an-d Fonn; Oai(tcl:.Z:Lb_

Date

Date

Shawnee County Health Agency

February 4, 2016

TO:

FROM:

RE:

Board of Commissioners Shawnee County

Alice Weingartner,~ Director- Community Health Center

Allison Alejos j}-\ ~J Director - Local Health Department

KanPay Bill Back Contracts

Leading the Way to a Healthier Shawnee County

Action requested: Approval to contract with the Information Network of Kansas (INK) to provide electronic commerce transactions, including online and counter payments, for collecting payment for Shawnee County Health Agency (SCHA) Local Health Department (LHD) and Community Health Center (CHC) chargeable services to SCHA customers through the KanPay website.

KanPay allows customers to pay for services by credit card, electronic check or Automated Clearing House (ACH). In subscribing to services with INK, SCHA is electing the option of electronic funds transfer billing whereby SCHA will be charged monthly for usage and not passing those fees on to customers. This is in alignment with our current electronic payment collections policy.

AW/EM/tnjc

cc: Edith Matthews, Finance Officer, Shawnee County Health Agency

1615 SW 8th Topeka, KS 66606 I 785.251.2000 www.shawneehealth.org

SHA \!VNEE COUNT)

CONTRACT ii C~ ~~.t lp:

INFORMATION NETWORK OF KANSAS

Electronic Government Service Contract with

Shawnee County Health Agency SNCOHA-003-00 1-003

This Contract is between Information Network of Kansas, (INK), by and through its agent for the purposes of this contract, Kansas Information Consortium, LLC, a Kansas corporation (KIC, or Manager), which serves as the INK Network Manager, and Shawnee County Health Agency (Partner).

Recitals

Partner desires to obtain a service for electronic commerce transactions, including online and counter payments (Payment Service), for collecting payment for its chargeable services to Kansas residents and businesses (collectively, Customers). The Payment Service agreed upon in this Contract will allow Customers to pay for Partner services (as described in Section 20) by credit card, electronic check or Automated Clearing House (ACH), (collectively, Electronic Payments).

INK agrees to make available and maintain services (as described in Section 20) to conduct Electronic Payments for Partner, through KIC, its Manager.

In consideration of the mutual covenants and agreements of the parties stated below, the parties agree as follows:

1) INTERFACE AND DATABASE DEVELOPMENT - Manager will provide a Partner­friendly interface to successfully accept and complete Partner services (as described in Section 20). Manager will establish a secure database to properly store the Electronic Payment Information (EPI). Manager will provide online access to view transactions for any particular day or cumulative timeframe and their subsequent status via the Internet.

2) SERVICE SUPPORT- Manager agrees to provide Level One support to designated Partner staff users who require access to the Payment Service. Level One support includes: i) answering Partner staff user questions; ii) resolving problems related to screen or report formats, codes, abbreviations, billing policy, error messages, and other access problems.

a) Partner accepts responsibility for Level Two support. Level Two support includes: Partner staff user and Customer questions relating to its operational processes, as well as Partner rules, regulations, policies and procedures applicable to the Payment Service.

b) Manager will participate in all meetings that the Partner identifies as necessary in order for Manager to provide Level One Support to the Partner. The Partner will supply Manager with all information necessary within Partner's control that will aid Manager to assist Partner staff users to the applicable level of support.

3) SERVICE HARDWARE SUPPORT (if applicable)

Electronic Government Service Contract SNCOHA-003-001-003- Page 2

a) Manager shall provide hardware support for the Payment Service's card and/or swipe hardware, if such hardware is used by Partner and if it has been obtained through Manager. Such support shall be directed to answering Partner questions and resolving problems related to installation, use of the check/card swipe hardware, codes, abbreviations, and error messages.

b) Manager shall repair or replace any defective card swipe hardware furnished through Manager to Partner. If required, replacement card swipe hardware will be shipped to arrive within two business days.

c) Manager agrees to participate in all meetings that the Partner identifies as necessary in order for Manager to provide hardware Service support. Partner agrees to supply Manager with all information necessary (within Partner's control) to aid Manager to assist Partner staff users at the Service hardware support level agreed above.

4) HARDWARE OWNER- Partner agrees that the card and/or check swipe hardware and all related equipment, supplies, or materials supplied to the Partner under this agreement are owned by KIC.

5) CHANGES IN NETWORK OR SERVICES-- Manager and Partner will each provide 30 days written advance notice of any planned, material changes in Network operations affecting the Partner's online services .. The parties may mutually agree on a case-by-case basis to a lesser period of notice. A "material change" is defined as a change that adds to the complexity of the Partner services or diminishes services provided. A "planned" change is one that does not need to be performed on an immediate, emergency basis. Such changes include, but are not limited to, file format changes, changes in data transfer procedures, application coding changes, URL migrations and interface content changes.

6) LIABILITY FOR PARTNER FEES- Neither INK nor Manager assume any liability for any Partner fee miscalculations.

7) COSTS AND COMPUTER PROGRAMS - Manager shall be responsible for all costs in supplying electronic payment reports and payment transaction confirmation numbers to Partner through the Payment Service required under this Section 7. This includes any cost for purchasing, developing, maintaining and enhancing programs used to provide such payment reports and Customer payment transaction confirmation numbers. The Payment Service shall:

a) Protect records and transaction payment details from unauthorized access;

b) Supply the payment confirmation number to Partner in an understandable and logical format; and

c) Supply online reports in an understandable and logical format.

8) ONLINE SECURITY- Manager is responsible for online security consistent with online payment industry standards.

Electronic Government Service Contract SNCOHA-003-001-003- Page 3

9) STANDARD USE MESSAGES- Manager shall comply with the STANDARD USE MESSAGES section of the INK Contract for Network Manager between INK and KIC and any amendments thereto.

I 0) CONFIDENTIALITY - EPI consists of Customer payment and account information regarding transactions with Partner, which is maintained and protected by Manager. Details of EPI shall be protected as confidential by Manager unless specifically not excepted by provisions ofthe Kansas Open Records Act K.S.A. 45-215 et seq. Payment details shall not be used for offering for sale property or services to anyone listed in the records or to anyone at any address listed in the records, as prohibited by K.S.A. 45-230 and K.S.A. 45-220(c).

11) NOTICES - All notices permitted or required by this Contract shall be directed to the following persons. These designations may be changed following written notice from each party to the other party to this contract.

Partner Mailing address:

Phone: Fax:

Email:

INK Mailing Address:

Phone: Fax:

Email:

Manager Mailing Address:

Phone: Fax:

Email:

Shawnee County Health Agency 1615 SW 8th Ave Topeka, KS 66606 785-251-2131 785-251-2098 edith.matthews@snco. us

James J. Hollingsworth INK Executive Director 623 SW Van Buren Topeka, Kansas 66603 (785) 296-4277 (785) 296-1463 jamesh@ink.org

General Manager/Network Manager Kansas.gov 534 South Kansas Avenue, Suite 1210 Topeka, KS 66603-3406 (785) 296-5275 (785) 296-5563 generalmanager!a>,ink.org

12) TERMINATION OF CONTRACT- Any party shall have the right to terminate this Contract for cause, subject to cure, by providing written notice of termination, to the other party. Such notice shall specify the "for cause" reason, including citation to any specific provision of this Contract, which gives rise to the notice and shall specify action that can be taken by the other party to avoid termination of the Contract. A reasonable period of time of up to sixty (60) days shall be given, unless another length of time is specified in this Contract, to cure breaches and deficiencies in the_perfonnance of obligations under this Contract. Substantial cessation of Network services by Manager shall be cause for immediate termination of this Contract.

Electronic Government Service Contract SNCOHA-003-001-003- Page 4

a) For the purposes of this contract, the phrase "for cause" shall mean:

i) Any material breach by either party of the terms or conditions of this Contract and its amendments if any.

ii) Fraud, misappropriation, embezzlement, malfeasance, negligence, illegal conduct by INK, or the Manager, its officers or directors.

iii) Failure of Manager to pay Kansas taxes due.

iv) Violation by the Manager of any of the termination for cause statements specified in the INK Contract for Network Manager, if such are not timely cured.

b) The Partner may terminate this contract at any time and without cause, if directed to do so by statute or other state, federal or governmental agency with appropriate authority.

13) TERM OF CONTRACT - This Contract shall commence on date of the last signature necessary to make it effective, and shall be co-terminal with the INK Contract for Network Manager and any extensions or renewals thereof, unless earlier terminated in accordance with the terms of this Agreement.

14) RELATIONSHIP OF PARTIES- Notwithstanding any other provisions contained herein, it is expressly agreed that INK is an independent contractor in the performance of this contract and has delegated its duties and responsibilities hereunder to KIC which is solely liable for any and all damages which may occur on account of its performance hereunder, in accordance with the INK Contract for Network Manager. INK may become an agent of the Partner only by express written consent of the Partner.

15) AMENDMENTS - This Contract may be amended at any time by an instrument in writing signed by duly authorized representatives of INK, KIC and the Partner.

16) MARKETING -Partner may provide reasonable marketing space in its publications (if and/or when such exists) at no charge, to allow promotion of INK or its services.

17) EXHIBIT SPACE - The Partner may provide INK or Manager complimentary exhibit space and/or speaker time at any appropriate conventions and/or seminars, which Partner may host (if and/or when such exist).

18) PAYMENT OF FEES - Customers of the Payment Service will have one or more payment options provided by Manager, as outlined below.

a) Electronic Check Payments-Manager, acting as the payment processor, will send the entire amount collected from the user on Partner's behalf to the designated Partner bank account: Manager will send the entire portal processing fee amount to an account designated by INK. The portal processing fee to the Manager is outlined in Fee and Payment Schedule A. Funds will be disbursed to the appropriate Partner bank account within two (2) business days of Manager receiving such funds. Manager shall provide Partner and INK a detailed accounting report (with sensitive identifying information

Electronic Government Service Contract SNCOHA-003-001-003- Page 5

removed) showing all receipts and disbursements described in this Section 18 a.

b) Credit Card Payments-- Manager will act as the payment processor. Manager's credit card processing software will split the collected fee into two transactions: 1) the portal processing fee and 2) the Partner amount due. Manager will send the entire amount of the Partner amount due collected from the user to the designated Partner bank account, and will send the entire portal processing fee amount to an account designated by INK. The portal processing fee to Manager is outlined in Fee and Payment Schedule A. Funds will be disbursed to the appropriate Partner bank account within two (2) business days of INK receiving such funds. Manager shall provide Partner and INK a detailed accounting report (with sensitive identifying information removed) showing all receipts and disbursements described in this Section 18 b.

c) Chargebacks, check returns and refunds--Manager will provide the Partner online access to a report detailing all chargebacks, check returns and refunds. All successful chargebacks, check returns and refunds will be deducted from partner disbursements based on the transaction date.

i) Refunds --Refunds (funds credited back to the customer) will be initiated by the Partner via the method provided by the Manager. Refunds will be deducted from

· future Partner disbursements based ori the transaction date of the refund.

ii) Credit Card Chargebacks--Manager will be responsible for the initial handling and recovery of all monies associated with chargebacks. In the event the Manager is unable to collect funds within sixty (60) days from receipt of notice, Manager will deduct chargeback from a future Partner disbursement. Partner will then be responsible for any business process needed to recover funds for chargebacks.

ii) Check Returns--Returned checks will be deducted from Partner Disbursement at the time the return is processed. The Partner will be responsible for collection of any returned checks due to insufficient funds, closed accounts, etc.

b) Manager will be responsible for all credit card merchant account fees and chargeback account fees for the Manager's merchant ID and for the Partner merchant ID. Partner and Manager agree that Manager has the right to increase its portal processing fee if merchant fees charged to Manager increase, and/or if Partner increases its statutory/assessed fee, which will result in increased merchant fees to Manager. INK may request a fee increase to cover other costs as needed to support the service, which will be mutually agreed upon with Partner.

c) Partner will be responsible for collection of any dishonored paper or electronic checks, using Partner's usual collections process. Partner agrees to accept electronic check payments and ACH payments tendered by Customers through the Payment Service. Partner will be able to view daily the list of dishonored paper or electronic checks, and ACH returns, via the Payment Service's online access for Partner.

Electronic Government Service Contract SNCOHA-003-001-003- Page 6

19) RECORDS AND FINANCES- All Manager's documents and records relating to Electronic Payment transactions made via the Payment Service shall be available for inspection and auditing by the Partner or its authorized representatives. Any party authorized to inspect or audit records under this Section shall agree in writing to keep the same standards of confidentiality required under Section 10 of this Contract. Parties, other than INK, KIC or Partner must use any records or copies thereof as permitted by law and shall return or destroy any copies of records upon completing their inspection/audit.

(the remainder of this page is intentionally left blank)

Electronic Government Service Contract SNCOHA-003-001-003- Page 7

20) PAYMENT SERVICES DESIRED: Partner has indicated in this section its selection of the Payment Services desired:

;:. Select Over the Counter Credit Card Processing 0 Select Over the Counter e-Check Processing

----------

Initial/Date Initial/Date

21) ENTIRE CONTRACT - This Contract constitutes the entire Agreement of the parties and supersedes all prior written or oral negotiations or contracts between the parties with respect to Partner services, including but not limited to WebTags and Property Tax Payments.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized official or officers.

Information Network of Kansas, Inc.

Terry D. Holdren Date INK Board Chair

Acknowledged by:

Kansas Information Consortium, LLC (Network Manager)

Shane Myers Date President

Shawnee County Health Agency

Michele A. Buhler, Chair Shawnee County Commissioner

Information Network of Kansas, Inc.

James J. Hollingsworth Executive Director

Approvec! 2s to LegJ!ity and Forrn: Date h?z-16

~~ ... , .. ,_ • ..... • . ·' . ... t :':' _ .. _ ·-· ...,1 •• ~

Date

Date

Electronic Government Service Contract SNCOHA-003-001-003- Page 8

FEE AND PAYMENT SCHEDULE A

The following fee schedule outlines the amount due the Partner, the portal processing fee due to INK, and the total amount collected.

Service Amount to Partner Portal Processing User Fee (tota) Fee to INK amount collected)

Over the Counter e- Full statutory/assessed fee $1.50 per Full Check charged by Partner transaction, to be statutory/assessed

paid by Partner to fee INK via monthly

billing Over the Counter Full statutory/assessed fee 2.5% of full Full Credit Card charged by Partner statutory/assessed statutory /assessed

fee per transaction, fee to be paid by

Partner to INK via monthly billing

Electronic Government Service Contract SNCOHA-003-001-003- Page 9

State of Kansas Department of Administration

DA-146a (Rev. 06-12)

CONTRACTUAL PROVISIONS ATTACHMENT

Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision: ''The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12), which is attached hereto, are hereby incorporated in this contract and made a part thereof." The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the __ day of , 20 __ .

1 1 Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

2. Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of Its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless. or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 m ~ and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 m ~ and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 ru ~ (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer''; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

Contractor agrees to comply with all applicable state and federal anti-discrimination laws.

The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency.

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

7. Arbitration. Damages. Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. Responsibility For Taxes: The State of Kansas 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.

Electronic Government Service Contract SNCOHA-003-001-003- Page 10

10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.

11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 ~ ~·

12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

13. Campaign Contributions I Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.

Rev. 09/20 13 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby mcorporated mto the contract to which it is attached and made a part thereof, sa1d 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 tenns 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 connecuon 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 el seq. If, m the judgment of the Financial Admmistrator, 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 tennination to contractor at least thirty (30) days prior to the end of its currenl 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 w1th the Kansas Act Against Discrimination (K.SA 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, 1ts programs or activities. (b) to include in all solicitations or advertisements for employees, the phrase "equal opponunity employer"; (c) to comply with the reporting requirements set out in K.SA 44-1031 and K.SA 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 w1th the County totals $5.000 or less dunng this tlscal 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. NotWJthstanding any language to the contrary, no interpretation shall be allowed to find thd County has agreed to binding arbitration, or the payment of damages Of

penalties upon the occurrence of a contingency. Further, the Count){ 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 thi~ document, the representative of the contractor thereby represents th~~Jt such person is duly authorized by the contractor to execute thi~ document on behalf of the contractor and that the contractor agrees to b~ 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, arjy

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 damag~. Subject to the provisions of the Kansas Tort Claims Act (K.SA 7$-6101 et seq.), the vendor or lessot shall bear the risk of any loss cr damage to any personal property to which vendor or lessor holds title.

VENDOR/CONTRACTOR:

By

Title:

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

!:iHA W i"·H::E COUt'i J 1

CONTRACT #.C$:-dQ/(;, INFORMATION NETWORK OF KANSAS

Electronic Government Service Contract with

Shawnee County Health Agency- Community Health Center SNCOHA-003-001-004

This Contract is between Information Network of Kansas, (INK), by and through its agent for the purposes of this contract, Kansas Information Consortium, LLC, a Kansas corporation (KIC, or Manager), which serves as the INK Network Manager, and Shawnee County Health Agency (Partner).

Recitals

Partner desires to obtain a service for electronic commerce transactions, including online and counter payments (Payment Service), for collecting payment for its chargeable services to Kansas residents and businesses (collectively, Customers). The Payment Service agreed upon in this Contract will allow Customers to pay for Partner services (as described in Section 20) by credit card, electronic check or Automated Clearing House (ACH), (collectively, Electronic Payments).

INK agrees to make available and maintain services (as described in Section 20) to conduct Electronic Payments for Partner, through KIC, its Manager.

In consideration ofthe mutual covenants and agreements of the parties stated below, the parties agree as follows:

1) INTERFACE AND DATABASE DEVELOPMENT- Manager will provide a Partner­friendly interface to successfully accept and complete Partner services (as described in Section 20). Manager will establish a secure database to properly store the Electronic Payment Information (EPI). Manager will provide online access to view transactions for any particular day or cumulative timeframe and their subsequent status via the Internet.

2) SERVICE SUPPORT- Manager agrees to provide Level One support to designated Partner staff users who require access to the Payment Service. Level One support includes: i) answering Partner staff user questions; ii) resolving problems related to screen or report formats, codes, abbreviations, billing policy, error messages, and other access problems.

a) Partner accepts responsibility for Level Two support. Level Two support includes: Partner staff user and Customer questions relating to its operational processes, as well as Partner rules, regulations, policies and procedures applicable to the Payment Service.

b) Manager will participate in all meetings that the Partner identifies as necessary in order for Manager to provide Level One Support to the Partner. The Partner will supply Manager with all information necessary within Partner's control that will aid Manager to assist Partner staff users to the applicable level of support.

3) SERVICE HARDWARE SUPPORT (if applicable)

Electronic Government Service Contract SNCOHAC-003-00 1-004 - Page 2

a) Manager shall provide hardware support for the Payment Service's card and/or swipe hardware, if such hardware is used by Partner and if it has been obtained through Manager. Such support shall be directed to answering Partner questions and resolving problems related to installation, use of the check/card swipe hardware, codes, abbreviations, and error messages.

b) Manager shall repair or replace any defective card swipe hardware furnished through Manager to Partner. If required, replacement card swipe hardware will be shipped to arrive within two business days.

c) Manager agrees to participate in all meetings that the Partner identifies as necessary in order for Manager to provide hardware Service support. Partner agrees to supply Manager with all information necessary (within Partner's control) to aid Manager to assist Partner staff users at the Service hardware support level agreed above.

4) HARDWARE OWNER- Partner agrees that the card and/or check swipe hardware and all related equipment, supplies, or materials supplied to the Partner under this agreement are owned by KI C.

5) CHANGES IN NETWORK OR SERVICES-- Manager and Partner will each provide 30 days written advance notice of any planned, material changes in Network operations affecting the Partner's online services .. The parties may mutually agree on a case-by-case basis to a lesser period of notice. A "material change" is defined as a change that adds to the complexity of the Partner services or diminishes services provided. A "planned" change is one that does not need to be performed on an immediate, emergency basis. Such changes include, but are not limited to, file format changes, changes in data transfer procedures, application coding changes, URL migrations and interface content changes.

6) LIABILITY FOR PARTNER FEES- Neither INK nor Manager assume any liability for any Partner fee miscalculations.

7) COSTS AND COMPUTER PROGRAMS -Manager shall be responsible for all costs in supplying electronic payment reports and payment transaction confirmation numbers to Partner through the Payment Service required under this Section 7. This includes any cost for purchasing, developing, maintaining and enhancing programs used to provide such payment reports and Customer payment transaction confirmation numbers. The Payment Service shall:

a) Protect records and transaction payment details from unauthorized access;

b) Supply the payment confirmation number to Partner in an understandable and logical format; and

c) Supply online reports in an understandable and logical format.

8) ONLINE SECURITY- Manager is responsible for online security consistent with online payment industry standards.

Electronic Government Service Contract SNCOHAC-003-00 1-004 - Page 3

9) STANDARD USE MESSAGES - Manager shall comply with the STANDARD USE MESSAGES section of the INK Contract for Network Manager between INK and KIC and any amendments thereto.

1 0) CONFIDENTIALITY - EPI consists of Customer payment and account information regarding transactions with Partner, which is maintained and protected by Manager. Details of EPI shall be protected as confidential by Manager unless specifically not excepted by provisions of the Kansas Open Records Act K.S.A. 45-215 et seq. Payment details shall not be used for offering for sale property or services to anyone listed in the records or to anyone at any address listed in the records, as prohibited by K.S.A. 45-230 and K.S.A. 45-220(c).

11) NOTICES - All notices permitted or required by this Contract shall be directed to the following persons. These designations may be changed following written notice from each party to the other party to this contract.

Partner Mailing address:

Phone: Fax:

Email:

INK Mailing Address:

Phone: Fax:

Email:

Manager Mailing Address:

Phone: Fax:

Email:

Shawnee County Health Agency 1615 SW 81

h Ave Topeka, KS 66606 785-251-2131 785-251-2098 edi th.matthews@snco. us

James J. Hollingsworth INK Executive Director 623 SW Van Buren Topeka, Kansas 66603 (785) 296-4277 (785) 296-1463 j amesh(a{ink.org

General Manager/Network Manager Kansas.gov 534 South Kansas A venue, Suite 1210 Topeka, KS 66603-3406 (785) 296-5275 (785) 296-5563 generalmanager(a{ink.org

12) TERMINATION OF CONTRACT- Any party shall have the right to terminate this Contract for cause, subject to cure, by providing written notice of termination, to the other party. Such notice shall specify the "for cause" reason, including citation to any specific provision of this Contract, which gives rise to the notice and shall specify action that can be taken by the other party to avoid termination of the Contract. A reasonable period oftime of up to sixty (60) days shall be given, unless another length of time is specified in this Contract, to cure breaches and deficiencies in the_performance of obligations under this Contract. Substantial cessation of Network services by Manager shall be cause for immediate termination of this Contract.

Electronic Government Service Contract SNCOHAC-003-001-004- Page 4

a) For the purposes of this contract, the phrase "for cause" shall mean:

i) Any material breach by either party ofthe terms or conditions ofthis Contract and its amendments if any.

ii) Fraud, misappropriation, embezzlement, malfeasance, negligence, illegal conduct by INK, or the Manager, its officers or directors.

iii) Failure of Manager to pay Kansas taxes due.

iv) Violation by the Manager of any of the termination for cause statements specified in the INK Contract for Network Manager, if such are not timely cured.

b) The Partner may terminate this contract at any time and without cause, if directed to do so by statute or other state, federal or governmental agency with appropriate authority.

13) TERM OF CONTRACT - This Contract shall commence on date of the last signature necessary to make it effective, and shall be co-terminal with the INK Contract for Network Manager and any extensions or renewals thereof. However, it is specifically agreed by the parties hereto that each retain the right to terminate this agreement unilaterally with thirty­day's (30) written notice to the other partner.

14) RELATIONSHIP OF PARTIES- Notwithstanding any other provisions contained herein, it is expressly agreed that INK is an independent contractor in the performance of this contract and has delegated its duties and responsibilities hereunder to KIC which is solely liable for any and all damages which may occur on account of its performance hereunder, in accordance with the INK Contract for Network Manager. INK may become an agent of the Partner only by express written consent of the Partner.

15) AMENDMENTS - This Contract may be amended at any time by an instrument in writing signed by duly authorized representatives of INK, KIC and the Partner.

16) MARKETING - Partner may provide reasonable marketing space in its publications (if and/or when such exists) at no charge, to allow promotion of INK or its services.

17) EXHIBIT SPACE- The Partner may provide INK or Manager complimentary exhibit space and/or speaker time at any appropriate conventions and/or seminars, which Partner may host (if and/or when such exist).

18) PAYMENT OF FEES - Customers of the Payment Service will have one or more payment options provided by Manager, as outlined below.

a) Electronic Check Payments-Manager, acting as the payment processor, will send the entire amount collected from the user on Partner's behalf to the designated Partner bank account: Manager will send the entire portal processing fee amount to an account designated by INK. The portal processing fee to the Manager is outlined in Fee and Payment Schedule A. Funds will be disbursed to the appropriate Partner bank account within two (2) business days of Manager receiving such funds. Manager shall provide Partner and INK a detailed accounting report (with sensitive identifying information

Electronic Government Service Contract SNCOHAC-003-001-004- Page 5

removed) showing all receipts and disbursements described in this Section 18 a.

b) Credit Card Payments-- Manager will act as the payment processor. Manager's credit card processing software will split the collected fee into two transactions: I) the portal processing fee and 2) the Partner amount due. Manager will send the entire amount of the Partner amount due collected from the user to the designated Partner bank account, and will send the entire portal processing fee amount to an account designated by INK. The portal processing fee to Manager is outlined in Fee and Payment Schedule A. Funds will be disbursed to the appropriate Partner bank account within two (2) business days of INK receiving such funds. Manager shall provide Partner and INK a detailed accounting report (with sensitive identifying information removed) showing all receipts and disbursements described in this Section 18 b.

c) Chargebacks, check returns and refunds~-Manager will provide the Partner online access to a report detailing all chargebacks, check returns and refunds. All successful chargebacks, check returns and refunds will be deducted from partner disbursements based on the transaction date.

i) Refunds --Refunds (funds credited back to the customer) will be initiated by the Partner via the method provided by the Manager. Refunds will be deducted from future Partner disbursements based on the transaction date of the refund.

ii) Credit Card Chargebacks--Manager will be responsible for the initial handling and recovery of all monies associated with chargebacks. In the event the Manager is unable to collect funds within sixty (60) days from receipt of notice, Manager will deduct chargeback from a future Partner disbursement. Partner will then be responsible for any business process needed to recover funds for chargebacks.

ii) Check Returns--Returned checks will be deducted from Partner Disbursement at the time the return is processed. The Partner will be responsible for collection of any returned checks due to insufficient funds, closed accounts, etc.

b) Manager will be responsible for all credit card merchant account fees and chargeback account fees for the Manager's merchant ID and for the Partner merchant ID. Partner and Manager agree that Manager has the right to increase its portal processing fee if merchant fees charged to Manager increase, and/or if Partner increases its statutory/assessed fee, which will result in increased merchant fees to Manager. INK may request a fee increase to cover other costs as needed to support the service, which will be mutually agreed upon with Partner.

c) Partner will be responsible for collection of any dishonored paper or electronic checks, using Partner's usual collections process. Partner agrees to accept electronic check payments and ACH payments tendered by Customers through the Payment Service. Partner will be able to view daily the list of dishonored paper or electronic checks, and ACH returns, via the Payment Service's online access for Partner.

Electronic Government Service Contract SNCOHAC-003-001-004- Page 6

19) RECORDS AND FINANCES- All Manager's documents and records relating to Electronic Payment transactions made via the Payment Service shall be available for inspection and auditing by the Partner or its authorized representatives. Any party authorized to inspect or audit records under this Section shall agree in writing to keep the same standards of confidentiality required under Section 10 of this Contract. Parties, other than INK, KIC or Partner must use any records or copies thereof as permitted by law and shall return or destroy any copies of records upon completing their inspection/audit.

(the remainder of this page is intentionally left blank)

Electronic Government Service Contract SNCOHAC-003-001-004- Page 7

20) PAYMENT SERVICES DESIRED: Partner has indicated in this section its selection of the Payment Services desired:

.:::::. Select Over the Counter Credit Card Processing D Select Over the Counter e-Check Processing

----------

Initial/Date Initial/Date

21) ENTIRE CONTRACT- This Contract constitutes the entire Agreement ofthe parties and supersedes all prior written or oral negotiations or contracts between the parties with respect to Partner services, including but not limited to WebTags and Property Tax Payments.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized official or officers.

Information Network of Kansas, Inc.

Terry D. Holdren Date INK Board Chair

Acknowledged by:

Kansas Information Consortium, LLC (Network Manager)

Shane Myers Date President

Shawnee County Health Agency - Community Health Center

Michele A. Buhler, Chair Date Shawnee County Commissioner

Information Network of Kansas, Inc.

James J. Hollingsworth Date Executive Director

. i

Electronic Government Service Contract SNCOHAC-003-00 1-004 - Page 8

FEE AND PAYMENT SCHEDULE A

The following fee schedule outlines the amount due the Partner, the portal processing fee due to fNK, and the total amount collected.

Service Amount to Partner Portal Processing User Fee (total Fee to INK amount collected)

Over the Counter e- Full statutory/assessed fee $1.50 per Full Check charged by Partner transaction, to be statutory/assessed

paid by Partner to fee fNK via monthly

billing Over the Counter Full statutory/assessed fee 2.5% of full Full Credit Card charged by Partner statutory/assessed statutory /assessed

fee per transaction, fee to be paid by

Partner to fNK via monthly billing

Electronic Government Service Contract SNCOHAC-003-00 1-004 - Page 9

State of Kansas Department of Administration

DA-146a (Rev. 06-12)

CONTRACTUAL PROVISIONS ATTACHMENT

Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision:

11

2.

''The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12), which is attached hereto, are hereby incorporated in this contract and made a part thereof." The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof. said contract being the __ day of , 20 __ .

Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

Kansas Law and Venue: This contract shall be subject to, governed by. and construed according to the laws of the State of Kansas. and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports. Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year. and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such f1scal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 §~and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 §~)and the applicable provisions of the Americans With Disabilities Act (42 U.S. C. 12101 ~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 or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer''; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

Contractor agrees to comply with all applicable state and federal anti-discrimination laws.

The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency.

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

7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no Interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration. or the payment of damages or penalties. Further. the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

B. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. Responsibility For Taxes: The State of Kansas 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.

Electronic Government Service Contract SNCOHAC-003-00 1-004 - Page 10

10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.

11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 !tt ~·

12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

13. Campaign Contributions I Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby mcorporated 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 preva1l 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.

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TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-110 I 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

DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnify any contractor for any I iability whatsoever.

ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (KS.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 mclude 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 v1olation of such acts by the Kansas Human R1ghts 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, term mated 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 approva~s 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 aJ1Y language to the contrary, no interpretation shall be allowed to find ttie County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the Coun!Y shall not agree to pay attorney fees and late payment charges; and J10 provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties lilf merchantability and fitness for a particular purpose.

8. REPRESENTATIVE'S AUTHORITY To CONTRACT. By signmg 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 tie bound by the provisions thereof.

9. RESPONSIBILITY FORT AXES. 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 th1s 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 dama!;lC 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

VENDOR/CONTRACTOR:

By:

Title:

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck. Shawnee County Clerk

Shawnee County AUDIT -FINANCE OFFICE

Suite 201, Courthouse 200 SE 7th Street

Topeka, KS 66603-3903

To: Board of County Commissioners

Betty Greine~·r ctor of Administrative Services ~~, Cynthia Bee unty Clerk ~~~ Pat Oblander, irector of Information Technology

From:

James Crowl, Interim Director of Human Resource

Date: February 5, 2016

RE: Out-of state travel request

Board of County Commission approval is requested for five employees to attend the 2016 SUGA (SunGard Public Sector User Group Association) Education and Training Event in April 2016 in Las Vegas, NV. The five employees would be from; Information Technology (2), County Clerk/Payroll (1 ), Audit Finance (1) and Human Resources (1). ·

We· have reviewed the training agenda and feel Shawnee County will benefit from attendance at this conference. The education and training at this conference is specific to local government. This training will include applications on IF AS, which is our current software, and OneSolution, which is the software. that we will be migrating to in 2016. · ·

We believe this training would be beneficial for the following reasons: • Training is specific to local government functionality with many concurrent sessions that cover a

variety of topics.

• Sessions are specific to a module, i.e. general ledger, payroll, etc., so employees can attend trainings specific to their department.

• Sessions are led by SunGard employees involved in that module or current local government users of the software.

• Sessions and networking events allow for the opportunity to discuss and compare best practices.

• Networking with SunGard employees and other users provides a valuable resource for building professional relationships.

• The training sessions are hands on labs using the software to illustrate the subject matter.

• Learn about SunGard future trends and directions for future enhancements. • The value of four days of training if performed on-site is $4,200 per area of interest.

We estimate the total cost of the conference to be approximately $8,600 for the week of training for five employees. This cost includes a discount for early registration. Since it benefits the software users for the entire county, this expense would be paid from the General Expenses of the General Fund. Employees that attend this training will provide a report upon return. Thank you for your consideration.

Fax 785-251-4941 Phone 785-251-4307

,,

February 5, 2016

TO:

FROM:

RE:

Board of Commissioners Shawnee County \

John E. Knight, Directo~ Parks + Recreation

Agreement- Information Network of Kansas Administration Division

Board of Commissioners approval is requested for the attached agreement between Shawnee County and Information Network of Kansas (INK). This agreement allows Parks+ Recreation to accept over-the-counter credit card payments at a rate of 2.5% per transaction and be billed monthly for the processing fee.

On July 2, 2015, the Board of Commissioners approved contracts C249-2015 and C250-2015 for INK to provide online and counter transaction payment services for all Shawnee County departments. These contracts state that the total amount collected from customers at the time of transaction will be the full statutory/assessed fee plus 2.5%.

INK will continue to provide all credit card swipe units at no charge to the county. Processing fees for credit card transactions are included in the administrative fees Parks + Recreation builds into its fee structure and cost recovery goals, so there are no additional fees to the county. This agreement will enhance customer service, improve cost recovery and improve operational efficiencies.

JEK/jpl LK Attachment( s)

parks.snco

Shawnee Count¥ Parks + Recreation • 3137 SS 29th Stret • Topeka, KS 66605 • (785) 251-2600

I

SHAWNEE COUNT~ CONTRACT ii. Cj;J -grl~

INFORMATION NETWORK OF KANSAS

Elcctl'onic Government Service Contract with

Slunvnee County Parl[S & Recreation SNCOHA-003-001-004;

This Contract is between Information Network of Kansas, (INK), by and through its agent for the purposes of this contract, Kansas Information Consortium, LLC, a Kansas corporation (KIC, or Manager), which serves as the INK Network Manager, and Shawnee County Parks & Recreation(Partner).

Recitals

Partner desires to obtain a service for electronic commerce transactions, including online and counter payments (Payment Service), for collecting payment ,for its chargeable services to Kattsas residents and businesses (collectively, Customers). The Payment Service agreed upon in this Contt·act will allow Customers to pay for Partner se1·vices (as described in Section 20) by credit card, electronic check or Automated Cleal'ing House (ACH), (collectively, Electronic · Payments).

INK agrees to make available and maintain services (as described in Section 20) to conduct Electronic Payments for Partner, through KIC, its Manager.

In consideration of the mutual covenants and agreements of the parties stated below, the parties agree as follows:

1) INTERFACE AND DATABASE DEVELOPMENT· Manager will provide a Pattner­fl.'iendly interface to successfully accept aud complete Patfnet· set·vices (as described in Section 20). Manager will establish a secure database to pl'operly store the Electronic Payment Information (BPI). Manager will provide online access to view transactions for any particular day or cumulative timeframe and their subsequent status via the Intemet.

2) SERVICE SUPPORT~ Manager agrees to provide Level One support to designated Partner staff users who require access to the Payment Service. Level One supp01't includes: i) answering Patinc1· staff user questions; ii) resolving problems related to screen or report formats, codes~ abbreviations, billing poHcy, error messages, and other access problems.

a) Partner accepts responsibility for Level Two suppo1t. Level Two suppoti includes: Pminer staff user and Customer questions relating to its operational processes, as well as Partner rules, l'egulations, policies and procedures applicable to the Payment Service.

b) Manager wiH participate h1 all meetings that the Pal'tner identifies as necessary 1n order for Manager to provide Level One Supp01t to the Partner. The Partner will supply Manager with all information necessary within Partner's control that will aid Manager to assist Partner staff users to the applicable level of support.

3) SERVICE HARDWARE SUPPORT (ifapplicable)

Electronic Government Set·vice Contract SNCOPR-003-001-004 • Page2

a) Manager shall provide hardware support for the Payment Service's card and/or swipe hardware, if snch hardwate is used by Partner and if it has been obtained through Manager. Such supp01t shall be directed to answering Patiner questions and resolving problems related to instalJation, use of the check/card swipe hardware, codesJ abbreviations, and error messages.

b) Manager shall repair or replace any defective card swipe hardware fmnished through Manager to Partner. If required, replacement card swipe hardwal'e will be shipped to arrive within two busin~ss days.

c) Manager agrees to participate in all meetings that the Pminer identifies as necessary in order for Manager to provide hardware Service suppo1t. Partner agl'ees to supply Manager with all information necessary (within Patiner's control) to aid Manager to assist Partner s.taff users at the Service hardware support level agt·eed above.

4) HARDWARE OWNER- Patiner agrees that the card and/or check swipe hardware and all telated equipment, supplies, or materials supplied to the Partner under this agreement are owned by KIC.

5) CHANGES IN NETWORK OR SERVICES~· Managet• and Partner will each provide 30 days wl'itten advance notice of any planned, matedal changes in Network operations affecting the Pmtner's online services .. The patties may mutually agree on a case-by-case basis to a lesser period of notice. A "material change" is defmed as a change that adds to the complexity of the Partner services or diminishes services provided. A "plannedn change is one that does not need to be performed on an immediate, emergency basis. Such changes include, but are not limited to, file format changes, changes in data transfer procedures, application coding changes, URL migrations and inte1·face content changes.

6) LIABILITY FOR PARTNER FEES - Neither INK nor Manager assume any liability for any Partner fee miscalculations.

7) COSTS AND COMPUTER PROGRAMS- Manager shall be responsible for all costs in supplying electronic payment re})Olts and payment transaction confirmation numbers to Partner through the Payment Service required under this Section 7. This includes any cost for purchasing, developing, maintaining and enhancing pt•ograms used to provide such payment l'epOtts and Customel' payment transaction confirmation numbers. The Payment Service shall:

a) Protect records and transaction payment details from unauthorized access;

b) Supply the payment confirmation number to Partner in an understandable and logical format; and

c) Supply online 1·ep01'ts in an understandable and logical format.

8) ONLINE SECURITY- Manager is responsible for online security consistent with online payment industry standal'ds.

Electronic Government Set·vice Contract SNCOPR-003-001-004- Page 3

9) STANDARD USB MESSAGES- Manager shall comply with the STANDARD USE MESSAGES section of the INK Contmct for Network Manager between INK and KIC and any amendments thereto.

10) CONFIDENTIALITY- BPI consists of Customer payment and account information regarding transactions with Partner, which is maintained and protected by Manager. Details of EPI shall be protected as confidential by Manager unless specifically not excepted by provisions of the Kansas Open Recot·ds Act K.S.A. 45-215 et seq. Payment details shall not be used for offering for sate property or services to anyone listed in the records or to anyone at any address listed in the recot·ds, as prohibited by K.S.A. 45M230 and K.S.A. 45-220(c).

11) NOTICES -All notices permitted or required by this Contmct shall be directed to the following persons. These designations may be changed following wdtten notice from each party to the other pmty to this contract.

Partne1' Mailing address:

Phone: Fax:

Email:

INK Mailing Address:

Phone: Fax:

Email:

Manager Mailing Add1·ess:

Phone: Fax:

Email:

Shawnee County Parks & Recreation 3137 SE 29111 St Topeka, KS 66605 785~251-2600 785-266"0308 josh.lehman@snco.us

James J. Hollingsworth INK Executive Director 623 SW Van Buren Topeka, Kansas 66603 (785) 296-4277 (785) 296-1463 jrunesh@ink.org

General Manager/Network Manager Kansas.gov 534 South Kansas Avenue, Suite 1210 Topeka, KS 66603-3406 (785) 296-5275 (785) 296~5563 generahnanager@ink.org

12) TERMINATION OF CONTRACT- Any pat·ty shall have the right to terminate this Contract for cause, subject to cme, by providing written notice oftet•mination, to the other party. Such notice shall specify the "for causen reason, inol\lding citation to any specific provision of this Contract, which gives rise to the notice and shall specify action that can be taken by the other party to avoid termination of the Contt·act. A reasonable pel'iod of time of up to sixty (60) days shall be given, unless another length of "time is specified in this Contract, to C\lre breaches and deficiencies in the_performance of obligations under this Contract. Substantial cessation ofNetwork services by Manager shall be cause for immediate termination of this Contract.

Electronic Govcmment Service Contract SNCOPR-003-001-004- Page4

a) For the purposes of this contract, the phrase "for causeu shall menn:

i) Any matedal breach by either party of the terms Ol' conditions of this Contract and its amendments if any.

ii) Fraud, misappropriation, embezzlement, malfeasance, negligence,· illegal conduct by INK, o1· the Manager, its officers Ol' directors.

iii) Failure of Manager to pay Kansas taxes due.

iv) Violation by the Manager of any of the termination for cause statements specified in the INK Contmct for Network Manage1·, if such m·e not timely cured.

b) The Partner may te1minate this contract at any time and without. cause, if directed to do so by statute or other state, federal or governmental agency with appropriate authority.

13) TERM OF CONTRACT "This Contract shall commence on date of the last signature necessary to make it effective, and shall be co~tenninal with the INK Contract for Network Manager and any extensions or renewals thereof, unless earlier tel'minated in accordance with the terms of this Agreement.

14) RELA'I10NSHIP OF PARTIES ~Notwithstanding any other provisions contained herein, it is expressly agreed that INK is an independent contractot· in the perfotmance of this contract and has delegated its duties and t·esponsibilities hereunder to KIC which is solely Hable for any and all damages which may occur on account of its performance hereunder, iu accordance with the INK Contract fot• Network Manager. INK may become an agent of the

·Partner only by express written consent of the Partner.

15) AMENDMENTS -This Contract may be amended at any time by an instl'Ument in writing signed by duly authol'ized representatives of INK, KIC and the Partner.

16) MARKETING- Partner may provide reasonable marketing space in its publications (if and/or when such exists) at no charge, to allow promotion of INK or its services.

17) EXHIBIT SPACE - The Partner may provide INK or Manage1· complimentary exhibit space and/or speaker time at any appropriate conventions and/or seminars) which Partner may host (if and/or when such exist).

18)PAYMENT OF FEES~ Customers ofthe Payment Service will have one or more payment options provided by Manager, as outlined below.

a) Electronic Check Payments-Manager, acting as the payment processor) will send the entire amount collected from the user on Partner's behalf to the designated Partner bank accO\mt: Manager will send the entire portal p1·ocessing fee amount to an account designated by INK. The portal processing fee to the Manager is outlined in Fee and Payment Schedule A. Funds will be disbursed to the appropriate Pat1net· bank account within two (2) business days of Manager receiving such funds. Manager shall provide Partner and INK a detailed accounting report (with sensitive identifying infonnation

Elcctmnic Govemment Service Cont1'8ct SNCOPR-003-00 1-004 - Page 5

removed) showing all receipts and disbursements described in this Section 18 a.

b) Credit Card Payments-- Manager will act as the paymentpi·ocessol', Managees c1·edit card processing software will split the collected fee into two transactions: 1) the portal processing fee and 2) the Partnel' amount due. Manager will send the entire amount of the Partner amount due collected from the user to the designated Partner bank account, and will send the entire portal processing fee amount to an account designated by INK. The portal processing fee to Manager is outlined in Fee a11d Payment Schedule A. Funds will be disbursed to the appropriate Partner bank account within two (2) business days of INK receiving such f\mds. Manager shall provide Partner and INK a detailed accounting report (with sensitive identifying information removed) showing all receipts and disbmsements descl'ibed in this Section 18 b.

c) Chat·gebacks, check retums and refunds--Manager will provide the Pa1tne1· online access to a 1·eport detailing all chargebacks, check returns and refunds. All successful chargebacks, check returns and 1·efunds will be deducted from pa11ne1· disbursements based on the transaction date.

i) Refunds --Refunds (funds credited back to the custome1~ will be initiated by the Pat·tner via the method provided by the Manage1'. Refunds will be deducted from future Partner disbursements based on the transaction date of the refund.

ii) Credit Card Charge backs--Manager will be responsible fot· the initial handling and recovety of all monies associated with chargebacks. In the event the Manager is unable to collect funds within sixty (60) days fl'Om receipt of notice, Manager will deduct charge back fi·om a future Pat1ner disbursement. Pattner will then be responsible for any business process needed to 1·ecover funds for chargebacks.

H) Check Returns--Retumed checks will be deducted from Partner Disbursement at the time the retum is processed. The Pattner will be responsible fol' collection of any r~tumcd checks due to insufficient funds, closed accounts, etc.

b) Manager will be responsible for all credit card merchant account fees and chargeback account fees for the Manager's merchant ID and for the Pat1ner merchant ID. Pat1nex and Manager agree that Manager has the l'ight to increase its portal processing fee if merchant fees charged fo Manager increase, and/or ifPatiner increases its statutory/assessed fee, which will result in increased merchant fees to Manager. INK may request a fee increase to cover othet· costs as needed to support the service, which will be mutually agreed upon with Partner.

c) Patinel' will be t·esponsible for collection of any dishonored pape1· or electronic checks, using Partner's usual collections process. Paliner agtees to accept electronic check payments and ACH payments tendered by Customers through the Payment Service. Partnet• will be able to view daily the list of dishonored paper or electronic checks, and ACH returns, via the Payment Service's online access fox Partner.

Electronic Government Service Contt·act SNCOPRw003-001-004 w Page 6

19) RECORDS AND FINANCES- All Manager's documents and records relating to Electronic Payment transactions made via the Payment Service shall be available for insp,ection an.d auditing by the Partner or its at1thorized representatives. Any party authol'ized to inspect or audit records under this Section shall agree in wdting to keep the same standards of confidentiality required under Section 10 of this Contract. Parties, other than INK, KIC or Patine1· must use any records o1· copies thereof as permitted by law and shall retum ot· destroy any copies of records upon completing their inspection/audit.

(the remainder of this page is intentionally left blank)

Electronic Government Service Conh'act SNCOPR-003-001-004- Page 7

20) PAYMENT SERVICES DESJRED: Partner has indicated in this section its selection of the Payment Services desired:

)( Select Over the Counter C1·edit Card Processing D Select Over the Counter e-Check Processing

_____ Initiai!Date ____ Initial/Date

21) ENTIRE CONTRACT- Tllis Contract constitutes the entire Agreement of the parties and supersedes all prior wl'ltten or oral negotiations or contracts between the parties with 1·espect to Partner services, including but not limited to WebTags and Property Tax Payments.

1N WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized official or officers.

Information Netwol'k of Kansas, Inc. Shawnee County Parks & Recreation

Teny D. Holdren Date Shelly Buhler Date INK Board Chair Shawnee County Commissioner

Acknowledged by:

Kansas Information Cons01iium, LLC Information Network of Kansas, Inc. (Network Manager)

Shane Myers Date James J. HollingswOl'th Date President Executive Director

Electronic Government Service Contract SNCOPR~003-001-004- Page 8

FEE AND PAYMENT SCHEDULE A

The following fee schedule outlines the amount due the Partner, the portal processing fee due to INK, and the total amount colLected.

Service Amount to Pa1·tncr Portal Processing User Fee (total Fee to INK amolmt collected}

Over tlte Counter e- Full statutory/assessed fee $1.50 per Full Check charged by Partner transaction, to be statutory/assessed

paid by Partner to fee INK via monthly

billing Over the Counter Full statutory/assessed fee 2.5% offull Full Credit Carel charged by Partner statutory/assessed statutory/assessed

fee per tnmsaction, fee to be paid by

Partner to INK via monthly bHling

Electronic Govemment Service Contract SNCOPR~003-001-004- Page 9

State of Kansas Department of Admlnlstralfon

DA·146a (Rev. 06·12)

CONTRACTUAL PROVISIONS ATTACHMENT

Important This foml contains mandatory contract provisions and must be attached to or Incorporated ln aU copies of any contractual agreement. If il Is attached to the vendor/contractor's standard contract form, than that foml must be altered to contain the following provision:

11

2.

''Tile ProVIsions found In Contractual Provisions Attachment (Foml DA·146a, Rev. 06·12), which Is attached hereto, are hereby Incorporated In this contract and made a part thereof." The pa1tres agree that Ute following provisions are hereby Incorporated Into the contract to which Ills attached and made a part thereof, said contract being the __ day of , 20 __ •

rerms Herein Confrollln Pr v ons: It Is expressly agreed that the terms of oach and every provision In this attachment s all preva an con ro over e arms of an~ other conflfcllng provision In any other document relating to and a part of the contract In which this allachment Is Incorporated. Any terms that conflict or could be Interpreted to conflict with this attachmont are nullified.

3. Termination Due To ack OfF md A r atlon: Jf, In the judgment of the Director of Accounts and Reports, Department of ministration, su c!ent funds are not appropriated to conttnue tho funolfon porfonned In this agreement and for the payment of the charges hereunder, State may temllnale this agreement at !he end of Its current fiscal year. Slate agrees to give \vtllten nolle& of termlnal!on to contractor at leas! 30 days prior to tho end of Its current fiscal year, and shall give such noUca Cor a greater period prior to !he end of such fiscal year as may be provided In this contract, excapl that such notice shall not be required prior to 90 days before the end or such fiscal yoar. Contractor $hall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. Stale will pay to the contractor till resular contractual payments Incurred through the end of such fiscal year, plus contractual eharges Incidental to the return of any such equipment. Upon tennlnal!on of tho agreement by State, title to any such equipment shall revert to contractor at the end of State's ourr<~nl fiscal year. The termlnalfon of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

4. I sci I er o Llabtllt : No provision of this contract will be given effect that attempts to require the State of Kansas or Its agencies to efend, ho harmless, or lndamni[y any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75·6101 et seq.),

6. nti·Discr Ina on Ia use: Tho contractor agrees: (a) to comply With th& Kansas Act Against Discrimination (K.S.A. 44· 1001 e l!.ruL) an the Kansas Ago Discrimination In Employment Act (K.S.A. 44·1111 §!~and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 M~ (ADA) and to not discriminate against any person because of race, religion color, sex, disability, national origin or ancestry, or age In tho admission or access to, or treatment or employment In, Its programs or aollvllles; (b) to Include In all soncitaUons or adverl!somants for employees, thlil fhrase •equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44·1 16; (d) to Include those provisions fn every subcontract or purchase order so I hat they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or If the contractor Is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the con!tacl may be cancalleCl, temllnated or suspended, In whole or In 11art, by the contracting slate agency or the KansM Department of Admlnlstratloni {Q If It Is delennlned that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contlact may be cancelled, terminated or suspended, In whole or fn part, by the contracting slate agency or the Kansas Department of Admln!s!ratlon.

Contractor agrees to comply wllh all applicable state and federal anll·dlscrimloallon laws.

The provisions of this paragraph number 5 (with the excapllon of those provlalons relallng to the ADA) are not applicable t<t a contractor who employs fewer than four employees during the term of such contract or whose contracts With the contracting State agency cumulatively total $5,000 or loss during I he flscal year of such agency.

6. Acceptance Of Contract: This contract shall not be considered accepted, approved or othe1wlse effective un!lllhe statutorily . required approvals and certiRcaUons have been given.

7. Arbllratlon( Damages. Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find lhat the Sta e or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and Its agencies do not agree to pay attorney fees, costs. or late payment charges beyond those available under the Kansas Prompt Payment Act {K.S.A. 75·6403), and no provision wlll be grven effect that attempts to exclude, modifY, disclaim or othel\vise attempt to Umlt any damages available to the Stale of Kansas or lis agencies at law, Including but not llmited to the Implied warranties of merchantability and fl!ness for a particular purpose.

8.

9. Rssponslblllty For Taxes: The State of Kansas shall not be responsible for, nor Indemnify a contractor for, any federal, state or local tax~s whlc!t may be Imposed or levied upon the subject mal!er of this contract.

Electronic Govemment Set•vicc Contract SNCOPR-003-001-004- Page 10

10. Insurance: The Slate of Kansas and lis agencies shall not ba required to purchase any Insurance against loss or damag& to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-Insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.SA. 75-6101 et seq.}, the contractor shall bear the risk of any loss or damage to any properly In which the contractor holds tllle.

11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from 1avlng access to Information pursuant to K.S.A. 46-1101 §.i!.!lfl.

12. The Eleventh Amendment: "The Eleventh Amendment Is an Inherent and Incumbent protection with the Slate of Kansas and need not be reserved, but prudence requires the Slate to reiterate thai nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

13. Campaign Contributions I Lobbylnu; Funds provided through a grant award or contract shalf not be giVen or received In exchange for I he making of a campaign contlibuHon. No part of !h1;1 funds provided through this contract shall be used to Influence or allempt to Influence an officer or employee of any Stale of Kansas agency or a member or the l.eglslature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modlflca!lon of any government contract, grant, lo;m, or cooperative agreement.

Shawnee 1 ~ounty P.arKs _... recreation February 8, 2016

TO: Board of Commissioners

Shawnee County ~

John E. Knight, Director Parks + Recreation

FROM:

RE: Outreach to Diverse Underserved Populations Policy

Board of Commissioners approval is requested on the attached Outreach to Diverse Underserved Populations Policy and implementation of the Family Scholarship Program. This policy, while portions are still under construction, is designed to address those families that find it difficult financially to participate in valuable programs, primarily youth programs. This policy alleviates the placement of staff in a position of deciding who receives tax payer support and who doesn't. These decisions should be and will be reserved for the Board of County Commissioners.

This policy puts in place a process where staff can effectively implement the Board of County Commission approved structure and program fee development. This document is also written with the intention of meeting standards identified within National Accreditation Standards, "The agency shall proactively extend programs and services to residents who may be underserved in the community. To encourage participation in parks and recreation programs and services, agencies shall identify and address barriers that may limit access including physical, social and mental abilities and financial, geographic and cultural barriers. Financial barriers may be addressed through reduced fees and scholarships. Agencies should offer inclusionary support services to ensure access to programs and services for people of all abilities and socioeconomic status. "

Parks + Recreation recommends through this policy use of the federal income guidelines established by the free or reduced lunch programs. Additionally there would be a $5 non-refundable participation fee per activity for those qualifying for a 100% scholarship and/or $20 non-refundable participation fee per one week of summer camp, except for those living at the Topeka Rescue Mission who will see no charges. Approximately 3800 camp experiences and 1500 swim lesson opportunities are provided each summer by the department along with thousands of other program opportunities. As directed by the master plan, the department is developing performance measures for all programs to include program standards met, cost recovery goals met, percent of the market c~:mtrolled, retention of users, customer satisfaction levels met, productivity of facilities, programs offered versus programs held based on minimums made, partnership equity levels met, earned income dollars met, volunteers hour goal met.

parks.snco .. us

Shawnee Count Parks+ Recreation • 3137 SE 29th Street • To ka KS 66605 • 785 251·2600

Every child in Shawnee County deserves the opportunity to experience the same quality program. Growing the Family Scholarship Fund will promote this goal. Shawnee County Parks + Recreation Foundation currently has $7,000 earmarked for scholarships. A new partnership between Shawnee County Parks+ Recreation Foundation, the Topeka Baseball and Softball Association and the Topeka Rescue Mission is being formed to grow the Fund and also to allow youth residing at the mission to participate as well, in Shawnee County programs; such as, Summer Camps, Swim Lessons, Baseball/Softball, etc.

This Policy along with the Family Scholarship Program will be reviewed on a regular basis and will proceed through the Public Engagement Process when developed. The Shawnee County Parks + Recreation Advisory/Advocacy Board will serve as the vehicle to provide the public input and review. Significant alterations to this policy will be presented to the Board of County Commissioners for

approval.

JEK/lrk SH Attachment( s)

parks.snco~us

, Shawnee County Parks + Recreation • 3137 SE 29th Street • Topeka, KS 66606 • (786) 261·2600

Meet you there!

Outreach to Diverse Underserved Populations Policy

Created: 01/20/16 Revised:

I. Introduction

Shawnee County Parks + Recreation Master Plan The purpose of the Shawnee County Parks and Recreation Master Plan is to serve as a planning document to guide the county leaders and staff for the next 5 to 10 years. The results of which will aid the county with guidance toward where and how to deliver parks, recreation facilities, and programs to meet public expectations and needs. It is a document that clearly states key issues that need to be addressed along with key recommendations on how to address those issues.

The guiding principles and objectives that developed the Master Plan were: -Sustainably grow the best practices and quality services of the department. -Serve the relevant park and recreational needs of existing City of Topeka and Shawnee

County residents who help support the Shawnee County Parks and Recreation Department in meeting those needs.

-Further position the county as a regional and statewide destination, while protecting the accessibility of city and county facilities for residents.

-Support the county to qualify for enhanced partnerships and funding opportunities in both the public and private sectors.

-Leave a positive legacy for current and future generations of Shawnee County.

The goal of the Master Plan is not to overextend the department financially or operationally. The department will still require strong financial support from user fees and earned income opportunities as well as a commitment from the County Commission to support the basic infrastructure and staffing needs of the system. This will require a continued business planning approach and support from staff to operate in the most efficient and effective manner.

Department on Accreditation of Parks and Recreation Agencies (CAPRA) This document is written with the intention of meeting standards identified with National Accreditation Standards. The CAPRA standard is "The agency shall proactively extend programs and services to residents who may be underserved in the community. To encourage participation in parks and recreation programs and services, agencies shall identifY and address barriers that may limit access including physical, social and mental abilities and financial, geographic and cultural barriers. Financial barriers may be addressed through reduced fees and scholarships. Agencies should offer inclusionary support services to ensure access to programs and services for people of all abilities and socioeconomic status. "

II. Vision - Mission Statements

VISION STATEMENT The vision of Shawnee County Parks & Recreation is: How the department wishes to be viewed and known with key leaders of the county and the residents of the community.

"Shawnee County Parks and Recreation in partnership with the citizens of Topeka and Shawnee County will develop and manage accessible, walkable parks, recreation facilities and programs through a collaborative leadership process that provides a long-term perspective for how parks and recreation will impact the livability and economic value of living in the city and county. "

MISSION STATEMENT The mission of Shawnee County Parks & Recreation is: How Shawnee County Parks and Recreation will implement the vision:

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

COMMUNITY VISIONS: ForLand

"Our vision for parklands is to make all parks a place of civic pride that results in high productive and positive passive and active use that supports healthy and active lifestyles for people of all ages. "

For Facilities "Our vision for recreation facilities is to provide indoor and outdoor spaces for people of all ages to enjoy directed and self-directed activities that can build social, fitness, aquatics and sports skills in a safe environment. "

For Programming "Our vision for programming is to reach out to people of all ages to encourage them to experience parks and recreation facilities through well designed programs that create a lifetime of memories. "

For Operations and Staffing "Our vision for operations and staffing is to ensure the proper level of care for managing the system is in place for the safety of the patrons and visitors to the parks and recreation facilities. "

For Financing "Our vision for financing the department is to seek adequate funding to meet the community's expectations for providing adequate parks, recreation facilities and program services that makes the county a desirable place to live, work, and visit. "

Ill. Components of the Outreach to Diverse Underserved Populations Policy

Physical, Social, and Mental Abilities Under Construction

Financial, Geographic, and Cultural Barriers Financial Family Scholarship Program This policy, while still under construction, is designed to address those families that find it difficult financially to participate in valuable programs, primarily youth programs. This policy alleviates the placement of staff in a position of deciding who receives tax payer support and who doesn't. These decisions should be and will be reserved for the Board of County Commissioners.

This policy puts in place a process where staff can effectively implement the Board of County Commission approved structure and program fee development.

The application process would follow these steps: • Public will be able print forms from SCPR website or ask staff to print forms. • Completed forms will be delivered to the appropriate Superintendent,

1. Recreation Superintendent-Administration Annex. 2. Outdoor Adventure Superintendent-Bettis Family Sports Complex.

• Designated staff will review applications and submit for approval to the Superintendent. • Approval and denial letters will be sent to applicants from the Superintendent. • Family accounts will have a comment message if approved for scholarships. • A file listing approved family members and at what rate will be kept in department

database (Common). Data will be entered on the worksheet keeping track of scholarship funds used. The file will also keep a running total of scholarships awarded.

• Families not recommended for scholarships will also be recorded. • All staff will be trained to initiate the process.

Several program areas have been identified below which will likely have the most participation from the Family Scholarship Program.

Summer Camps In 2015, several camps were identified and moved to the Shawnee County Parks +Recreation Revolving Fund due to their ability to sustain themselves financially. At this same time several other camps were identified and recommended to stay within the Shawnee County General Fund due to the fact that increasing the cost recovery levels would be detrimental to program participation. Prior to the merger, the quality of these camps had slowly lessened because well­intentioned efforts to become more financially sustainable by reducing expenses, relaxing standards, and increasing registration fees, was shown to be counter-productive. In an effort to provide a level of fairness, all fees were then kept low which then provided tax support to all camp program participants even those that didn't require it.

A much better model will be to establish the level of quality of all the camp programs. The camps that can financially sustain themselves will be expected to and will be managed according to the Cost Recovery Policy. Those camps that cannot sustain themselves will be provided a camp of equal quality and can be provided the appropriate financial assistance.

Topeka Baseball and Softball Association Recently the Highland Park Baseball Association and the Dornwood Girls Softball Association joined forces to form the Topeka Baseball and Softball Association. For seventy-five plus years this program was left to financially fend for themselves. Although, the benefits for participation in this program are highly individual suggesting 100% + cost recovery, the mission of providing these services for inner city youth and their philosophy of "every child that wants to participate regardless of their financial ability will be allowed to play", demonstrates a greater community good being provided.

This association has begun working with the Shawnee County Parks+ Recreation Foundation to supplement funding through private donations. A partnership between Shawnee County Parks+ Recreation the Topeka Baseball Association and the Topeka Rescue Mission is being formed to allow youth residing at the mission to participate in Shawnee County programs; such as, Summer Camps, Swim Lessons, Baseball/Softball, etc.

Public Engagement Review A Public Engagement Review process currently being developed and implanted will consistently review the implantation of the Family Scholarship Program. This review process will also include a planning and approval process for major projects, park development and program operation must include the following steps to provide a method for Administration, Elected Officials, staff and the public to better understand the numerous factors that affect major projects, park development and program operation. These factors include how these proposals may be affected by history and neighborhood context. The resulting process is intended to provide an efficient mechanism to make future recommendations based on analysis of existing conditions, community needs and sustainable costs. The process allows staff to consider the specific major project, park development and program operation and its value in a regional context and identify the public and private partnerships essential to fully realizing this value. Furthermore, the direct input of local residents, regional constituents and representatives of a variety of recreational groups ensures that the recommendations presented involve the people who use the park.

The key factors for everyone to consider are: Does the proposal create cost recovery? Does the proposal enhance customer service? Does the proposal improve efficiencies?

This Policy will be reviewed on a regular basis and will proceed through the Public Engagement Process when developed. The Shawnee County Parks+ Recreation Advisory/Advocacy Board will serve as vehicle to provide the public input and review.

Outcomes Addressed 1.3.4 COMMUNITY VISION FOR FACILITIES "Our vision for recreation facilities is to provide indoor and outdoor spaces for people of all ages to enjoy directed and self-directed activities that can build social, fitness, aquatics and sports skills in a safe environment." GOAL

Update existing indoor and outdoor recreation facilities and add new facilities in underserved areas of the county to provide a balance of recreation opportunities for all residents of the county. STRATEGIES FOR FACILITIES

• Update all parks and recreation facilities to be ADA compliant to Improve access opportunities for people of all ages.

1.3.5 COMMUNITY VISION FOR PROGRAMMING "Our vision for programming is to reach out to people of all ages to encourage them to experience parks and recreation facilities through well designed programs that create a lifetime of memories." GOAL Continue to keep existing core programs of preschool-age programs, athletics for youth and adults, youth and adult life skill programs, camps, wellness and fitness programs, senior programs, aquatic programs and special events, and include new core programs in outdoor adventure, adaptive recreation, senior services, and health and wellness. STRATEGIES FOR PROGRAMMING

• Develop a cost of service process to determine direct and indirect cost of providing services to the community. Establish a consistent format to determine existing cost recovery levels and new cost recovery targets for each core service.

• Develop improved partnership agreements with City of Topeka, schools, libraries, and rural cities in the county. Supporting programs together using each other's facilities. Focus on more education and life skill programs for youth and adults.

• Grow more programs in golf, arts, adaptive programs, tennis, youth fitness, seniors, archery, outdoor adventure, aquatics, and sports that have reduced participation over the years.

2.2.2 WHAT ARE YOUR GENERAL PERCEPTIONS OF THE PARKS AND RECREATION SYSTEM THAT NEED IMPROVEMENT? Although parks, facilities, and trails were considered to be the primary strength by focus groups, there is also a perception that there is still a lot of room for improvement. The most common area in need of improvement is the trail system. It is important that the department continues to expand and connect existing trails, while also putting time and effort into improving trails that are in need of repair. One specific action that needs to take place is to connect the Lake Shawnee Trail to the other routes. Responses also call for added security to the trails to ensure the safety of the users. These improvements include, but are not limited to, installation of additional quality lighting and emergency call boxes along the trails. There is also a growing need to address aquatics in the system. The existing opportunities in aquatics are not meeting the demand of residents, and the Master Plan must evaluate the best course of action to incorporate more aquatic facilities and programming. The Dornwood Park and its ball fields are another area in the system that will require the attention of the department in the near future, as they are in need of updates and repairs. Another opportunity for improvement to the system is in the maintenance of parks, facilities, and amenities. The Master Plan must evaluate the current maintenance strategy and compare it to best practices to develop a comprehensive set of standards for the upkeep of the system's assets.

Focus group participants also suggest there is room for improvement in departmental programming. The current set of programming is inconsistent, and there is a need to establish uniform program guidelines. The department must also make an effmi to diversify the

curriculum to target a wider audience specifically programs for those aged 20 to 40, who are being underserved.

Strate:zy 3.1 Develop improved partnership agreements with City of Topeka, schools, libraries, and rural cities m the county. Supporting programs together using each other's facilities. Focus on more education and life skill programs for youth and adults.

3.4 Grow more programs m golf, arts, adaptive programs, tennis, youth fitness, seniors, archery, outdoor adventure, aquatics, and sports that have reduced participation over the years.

3.5 Develop a cost of service process to determine direct and indirect cost of providing services to the community. Establish a consistent format to determine existing cost recovery levels and new cost recovery targets for each core service.

Financial Management

Tactics 0 Develop working agreements with each agency where services could be made stronger, more inviting, or cost effective. OUpdate existing agreements if they are outdated and include a "cost of service" factor to measure the cost associated with each partnership and how to make partnerships as equitable as possible.

0 Determine the size of the market for these programs and how much of the market is underserved. ODetermine which programs could be enhanced and develop a pricing strategy to support the enhancement of participation in these programs without duplicating efforts already occurring in the area unless needed.

0 Classify services as core essential, important, and value added. Determine the true cost of service for each program in the system. ODevelop a consistent cost of service tracking process and apply to all programs. Teach and train staff on how to input information into the system to ensure all costs are tracked for compliance to the goals desired. 0 Price services based on cost recovery by program, facility, and area of the community.

During the public forums conducted during the master plan process report, it was found that the public believes 'The department's programming is another strength identified by those interviewed. The current curriculum offers quality programs that are very diverse. These programs are considered to be very affordable, and provide activities for all income levels. Responses indicate that the youth and after-school programs are believed to be the best of what the department offers, and need to be used as model examples for adding more programming in the future. "

Approximately 3800 camp experiences and 1500 swim lesson opportunities are provided each summer by the department along with thousands of other program opportunities. As directed by the master plan the department is developing performance measures for all programs to include

program standards met, cost recovery goals met, percent of the market controlled, retention of users, customer satisfaction levels met, productivity of facilities, programs offered versus programs held based on minimums made, pminership equity levels met, earned income dollars met, volunteers hour goal met.

Every child in Shawnee County deserves the opportunity to experience the same quality program. Growing the Family Scholarship Fund will promote this goal. Shawnee County Parks + Recreation Foundation currently has $7,000 earmarked for scholarships. A partnership between Shawnee County Parks + Recreation Foundation, the Topeka Baseball and Softball Association and the Topeka Rescue Mission is being formed to grow the Fund and also to allow youth residing at the mission to participate as well, in Shawnee County programs; such as, Summer Camps, Swim Lessons, Baseball/Softball, etc.

Volunteer Management In cooperation with the Volunteer Coordinator, seek college student volunteers and internships to mentor youth while lessening the total staff cost of providing quality and safe programs.

Partnership Management In cooperation with the Partnerships Coordinator and/or SCPR Foundation Coordinator and Recreation Camp Before/ After School Care Supervisor, actively seek donations from businesses, non-profit organizations and private individuals willing to fund future scholarships for underserved populations, leading to investing in the future of Shawnee County youth and their families.

2016 YOUTH SCHOLARSHIP PROGRAM Notice of approval or decline will be received in 5 business days.

Shawnee County Parks + Recreation provides a wide variety of recreation opportunities for youth, yet not all families are able to afford the fees for participation in our programs. A youth scholarship program has been designed to assist those who meet the financial guidelines as set forth.

A. Scholarship Requirements: Scholarship applications will not be processed without all required information. • To receive a scholarship, participants must be age 17 or younger and live within Shawnee County. If current address is

different from the one listed on your income documents, you will need to include copies of two of the following: a recent utility bill in your name at the current address (water, gas, electric only), lease or mortgage statement, current state issued photo ID.

• A copy of the front page of parent(s)/guardian(s)' most recent federal income tax return or income verification worksheet and supporting documents must accompany the scholarship application. Any and all household income must be documented.

• The scholarship application must be completed by a parent, guardian, or head of household. B. Scholarship Uses: • Upon approval, each qualifying household member may receive 3 scholarships per year, dependent upon available

funds. There is a limit of 1 week/session of summer camp and 1 session of swim lessons per applicant. • Scholarships for the following programs will vary slightly: Camps, and Adaptive Recreation programs. • Certain activities are excluded from scholarships including: trips, workshops, special events, entry fee for tournaments,

before/after school programs, and others. • Classes/Programs must meet minimum enrollment requirements before scholarships can be accepted. • Scholarship registrations are non-transferable and non-refundable. C. Completion Requirements: • Completed scholarship paperwork must be received by our administration office prior to the start of the class/activity. • Fill out a separate application for foster children. For income, list only the "personal use" income that you receive for

the child(ren). • Mail-in - program registration forms must accompany the completed scholarship application and a copy of the front

page of your federal income tax form/income verification documents or refer to a scholarship application on file for the current year.

• Walk-in - must bring completed program registration forms, completed scholarship application and a copy of the front page of your federal income tax form/income verification documents or refer to a scholarship application on file for the current year.

• Phone-in- must have completed scholarship application on file for the current year. D. Scholarship Procedures: • Scholarship approval is good for the calendar year in which you apply. • Scholarship applications will remain confidential with Shawnee County Parks & Recreation. • Shawnee County Parks & Recreation reserves the right to cancel a class due to low enrollment. • Failure to attend a class/camp paid for by scholarship will result in the loss of future financial assistance. • Scholarships may not be used in conjunction with online registration and must be made at the 21 51 street administration

office.

INCOME GUIDELINES Parks + Recreation will follow the Federal income guidelines as set forth for free or reduced lunch programs. There is a $5 non-refundable participation fee per activity for those qualifying for a 100% scholarship and $20 non-refundable participation fee per one week of summer camp.

100% Scholarship 50% Scholarship Household Monthly Income Annual Income Household Monthly Income Annual Income

Size Size 2 $1,705 $20,449 2 $2,426 $29,101 3 $2,144 $25,727 3 $3,051 $36,612 4 $2,584 $31,005 4 $3,677 $44,123 5 $3,024 $36,283 5 $4,303 $51,634 6 $3,464 $41,561 6 $4,929 $59,145 7* $3,904 $46,839 7** $5,555 $66,656

*For each additional household member add **For each additional household member add $5,278 to the annual income. $7,511 to the annual income.

01/20/16

Shawnee 1 ~ounty ' ~ Y

P.arKs+ -recreation 1800 SE 21st St

Topeka, KS 66605 Phone(785)251-2600

2016 Scholarship Application

Head of Household Information: Name (Please Print)

Street Address City State Zip +4 ( ) ) ( ) Home Phone Cell Phone Work Phone

Date of Birth Email Address

List all other household members (both children and adults):

NAME

Total Household Size= (Head of Household +

all c:rsehold members)

SEX D.O. B. Relationship to Head of Household

Total Household Income= (Adjusted Gross Income from

Federal Income Tax Form)

Signature: I certify that all of the above information is true and correct and that all income is reported. I understand that Shawnee County Parks & Recreation officials may verify the information on the application, and deliberate misrepresentation of the information may result in forfeiture of future scholarships. An adult must sign the application before it can be approved.

Signature of Parent, Guardian or Head of Household Date

Staff initials: __________ Date: --------------

Shawnee 1 ~ounty '' ~ r P.arKs+ -recreation

2016 SCHOLARSHIP INCOME VERIFICATION FORM

The following Income Verification is provided to Shawnee County Parks + Recreation in strict confidence and will be used only as supporting documentation to determine scholarship assistance approval.

PLEASE NOTE: A VERIFICATION OF INCOME MUST BE COMPLETED FOR EACH/ALL HOUSEHOLD OCCUPANTS RECEIVING BENEFITS/PENSION/INCOME

RECIPIENT'S NAME:--------------------------Last First

COMPLETE THE FOLLOWING COLUMNS FOR EACH HOUSEHOLD OCCUPANT RECEIVING PENSION/BENEFITS/INCOME AND ATTACH THIRD-PARTY VERIFICATION OF INCOME AMOUNTS. • If unemployed: copies of checks, check stubs, pension/benefit letter showing amounts paid, bank statement (only if direct deposit) • If employed: (new employer within the current year) copies of most recent pay check, check stubs, bank/statement (only if direct deposit) AND employer statement with date of hire

GROSS MONTHLY PENSION, BENEFITS, OR INCOME FROM ALL SOURCES TYPE OF PENSION, BENEFIT, INCOME AMOUNT

Social Security

Unemployment

Worker's Compensation

Disability

Employer

Private Pension

Other

TOTALS

I hereby state that my total present monthly income from all sources is $ _____ _

PARENT/GUARDIAN SIGNATURE: -------------------

DATE: ______ _

parks.snco.us

Shawnee County Parks + Recreation • 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-2600

Shawnee 1 ~ounty '\' ~ ,

P.arKs+ -recreation NOTICE OF APPROVAL OF APPLICATION FOR SCHOLARSHIP

Head of Household Information: Name (Please Print)

Street Address City State Zip+4

( ) ) ( )

Home Phone Cell Phone Work Phone

Dear

Thank you for your interest in our scholarship program. We are pleased to inform you that your scholarship application has been approved for the current calendar year. You have been approved for:

D 50% Scholarship (50% of the original registration fee due at time of registration)

D 100% Scholarship ($5.00 activity fee per activity due at time of registration)

Each child under the age of 18 on your approved application is eligible for 3 scholarships per year, dependent upon available funds. To utilize your scholarship and register for activities please contact our administrative office at (785) 251-2600.

If you have any questions or need further information please contact Shawnee County Parks+ Recreation at (785) 251-2600.

Staff Initials: Date Sent:

parks.snco.us

Shawnee County Parks + Recreation • 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-2600

Shawnee 1 ~ounty "-', P.arKs+ -recreation

NOTICE OF DENIAL OF APPLICATION FOR SCHOLARSHIP

Head of Household Information: Name (Please Print)

Street Address City State Zip +4 ( ) ) Home Phone Cell Phone Work Phone

Dear

Thank you for your interest in our scholarship program. Regretfully, we are unable to approve your application at this time. The denial of your application was based upon the following reason(s):

D Does not meet income guidelines

D Participant(s) is over the age of 17

D Participant(s) does not live within Shawnee County

D Application does not include proper income verification documents

D Other

If you have questions or if you feel the information reported to us was in error, please contact Shawnee County Parks+ Recreation at (785) 251-2600.

Staff Initials: Date Sent:

parks.snco.us

Shawnee County Parks + Recreation • 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-2600

Shawni l(ount+ recreation February 2, 2016

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Directo~ Parks + Recreation

Operational Vendor Outdoor Adventure - Sports Division

Board of Commissioners approval is requested on the attached Independent Contractor Agreement for Services. Contracts are a valuable tool used by Parks + Recreation to provide compensation to individuals and/or partners who desire to share their service, skills and talent with the public as independent contractors.

One of the recommendations of the Master Plan is to develop and review partnerships. The Master ------Plan-stiggestefr4he-feUewing--appr~ath-te-Bt:ganizing.-th~d~artmenCs--partnershi:p-puxsuits.--Ih~e --­

department is now using the following five (5) areas of focus to organize existing and future partnerships.

Operational Partners: Other entities and organizations that can support the efforts of Shawnee County Parks + Recreation to maintain facilities and assets, promote amenities and park usage, support site needs, provide programs and events, and/or maintain the integrity of natural/cultural resources through in-kind labor, equipment, or materials.

Vendor Partners: Service providers and/or contractors that can gain brand association and notoriety as a preferred vendor or supporter of Shawnee County Parks + Recreation in exchange for reduced rates, services, or some other agreed upon benefit.

Service Pattners: Are nonprofit organizations and/or friends groups that support the efforts of the department to provide programs and events, and/or serve specific constituents in the community

· collaboratively. Co-Branding Partners: Are private for-profit organizations that can gain brand association and

notoriety as a supporter of Shawnee County Parks and Recreation in exchange for sponsorship or co­branded programs, events, marketing and promotional campaigns, and/or advertising opportunities.

Resource Development Partner: A private, nonprofit organization with the primary purpose to leverage private sector resources, grants, other public funding opportunities, and resources from individuals and groups within the community to support the goals and objectives of the department on mutually agreed strategic initiatives.

parks.snco.u ~

~ Sba ee u a s * Re r a i n • 37 S 291 treet,,. 'li ka KS 66605 • 786 261-2600

The following contract is an example of an Operational Vendor Partnership that help the department meet the Community Vision for programs and events.

• Steven Dean Carson, Website Coordinator as well as scheduling leagues, tournaments and information for Topeka Baseball and Softball Association (TBSA), for a fee of $1,875.

By using the services of Mr. Carson, Shawnee County Parks+ Recreation gains a liaison between the day-to-day operations of the TBSA and the Sports Division, which increases the efficiency of county staff to deal with other core areas of youth and adult sports. The services include after hour board and association meetings, coordinating schedules between baseball and softball for field usage, working with the Sports Division's maintenance crew to ensure safe and proper setup for league and tournament games and all issues associated with league website and registrations. Mr. Carson has served in this capacity for many years and has proven his dedication to the association and youth of our community. As staffing levels have reduced the time for staff to perform these functions is limited and cannot be performed for the cost we are paying Mr. Carson. This agreement with Mr. Carson also helps the department meet a couple of key strategies in the Implementation Plan of the Master Plan, i.e., " .. .invite partners to help manage facilities and programs where appropriate to keep costs down", and " ... help the department move from an effort-based culture to an outcomes­based culture".

The community's vision for programming is "to reach out to people of all ages to encourage them to experience parks and recreation facilities through well designed programs that create a lifetime of memories". To meet this vision, a goal was established to "continue existing core programs of; prescliool-age programs, atfilaiCS for youtnan(niaults~ youth anaadUltlifeSKill programs, camps, wellness and fitness programs, senior programs, aquatic programs and special events, and include new core programs in outdoor adventure, adaptive recreation and senior services".

JEK/lrk so Attachment

parks.snco .. us

~ Shawnee C~untv Parks+ Recreation • 3137 SE Z9tll Street • Topeka, KS 66605 • (785) 251·2600

SHAWNEE COUNTY CONTRACT NO. C 4 ( -2016

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Steven Dean Carson( Contractor).

1. SERVICES TO BE PERFORMED

Contractor agrees to perform the following services for County:

Management of Topeka Baseball and Softball Association website and scheduling software for league and tournament play. Serve as liaison between TBSA and Shawnee County Parks and Recreation Sports division

This Agreement shall commence on March 1, 2016, and shall end on October 1, 2016, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT

In consideration of the services to be performed by Contractor, County agrees to pay Contractor as follows:

Task Duties Compensation

Website Manage and update organization website $1875 Coordinator www.topekabaseballandsoftball.com

Update League Schedule leagues, tournaments and information schedules and other on Quickscores for TBSA league information

Contractor shall be responsible for all expenses incurred while performing services under this Agreement. This includes equipment; supplies; telephone expenses; automobile and other travel expenses; meals and entertainment; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to complete the work under this Agreement.

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION

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

1

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

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

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

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

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

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

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

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

Further, Contractor hereby certifies:

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

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

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

4. INDEMNIFICATION AND HOLD HARMLESS

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

2

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.

6. OWNERSHIP OF PRODUCTS/DOCUMENTS

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

7. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION.

Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to Contractor at least thirty (30) days prior to the end of its current fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any of Contractor's equipment, leased or otherwise, provided to County under the contract. County will pay to the Contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by County, title to and possession of any equipment purchased by the County under the contract, but not fully paid for, shall revert to Contractor at the end of County's current fiscal year. The termination of the contract pursuant to this paragraph s"Q.all not cause any penalty to be charged to the County or the Contractor.

8. ANTI-DISCRIMINATION CLAUSE.

The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set outin 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

3

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, o.r the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

11. REPRESENTATIVE'S AUTHORITY TO CONTRACT.

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

12. TERMINATION OF AGREEMENT

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

13. MISCELLANEOUS PROVISIONS

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

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

4

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

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

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

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

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

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

ATTEST:

COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

-------------------, Chair

Cynthia A. Beck, Shawnee County Clerk

CONTRACTOR

Print Name :?tz.vtl" ~u.n ~'XIlV Address } :J..o 1 5£: 1-/ .J ,-d Ter--Date: o/~J.'l~JDIL.

5

Approved as to Legality and Form: Date ,_ ' 1 -II...

~ L4.

February 3, 2016

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Direct~ Parks + Recreation J~ Annual Noxious Weed Eradication Progress Report 2015 Annual Noxious Weed Management Plan 2016 Shawnee County Weed Department Cost Share Chemical Price List 2016

Board of Commissioners approval is requested on the attached documents as required by the Kansas Department of Agriculture, Plant Protection and Weed Control.

Pursuant to Kansas Statutes Annotated (KSA) 2-1316(d), the boards of county commzsswners, governing bodies of cities and township boards, with the aid of their weed supervisors, shall make by February 151h each year an annual weed eradication progress report to the secretary of agriculture for the preceding calendar year, on a form supplied by the secretary, and such other weed reports as established by rules and regulations of the secretary of agriculture.

Pursuant to KSA 2-1317, the county commissioners and the governing body of cities, shall report to the secretary of agriculture as to the extent and the official methods of control and eradication of noxious weeds to be undertaken in any one season in their jurisdiction, subject to the approval ofthe

secretary.

On August 17, 2015, the Board of Commissioners approved the Weed Department to solicit bids for the department's chemicals and on October 22, 2015 selected the lowest bid for each chemical. Through the sales of chemicals, the proceeds go to offset the cost of purchasing the chemicals. Pursuant to KSA 2-1319( d), chemical materials for use on privately owned lands may be purchased from the board of county commissioners at a price fixed by the board of county commissioners which shall be in an amount equal to not less than 50% nor more than 75% of the total cost incurred by the county in purchasing, storing and handling such chemical materials.

JEK/lrk JW Attachment( s)

parks.snco .. us

, Shawnee C.ounl: Rarks :~- Recreation • 313 SE 29th Street • To eka KS 66605 • 785 251-2600

SHAWNEE COUNTY WEED DEPARTMENT CHEMICAL PRICE LIST 2016

COST SHARE GOVERNMENT

CHEMICALS TOTAL PRICE ENTITY FULL TOTAL PRICE PRICE[UNIT

PRICE[UNIT

.... ... ...................... ....... -·······-·- .. ··-- ··- .. . ............ .. .. $1L60 ........ ·- --··

2,4-D (2.5 gal) ·$29:oo·· · -- $15:Go·· ··· · ...... $-39.00 ···-·-.

* 2,4-D FORMULA 40 (2.5 gal) N/A N/A $26.00 $65.00

2,4-D LOVOL (2.5 gal) $16.40 $41.00 $21.60 $54.00

BANVEL (RIFLE DICUMBA) 2.5 gal $52.40 $131.00 $70.00 $175.00

GLYPHOSATE {2.5 gal) $11.20 $28.00 $15.20 $38.00

HI LIGHT DYE (1 packet) $6.00 $6.00 $8.00 $8.00

* IMITATOR AQUATIC ROUNDUP (2.5 gal) N/A N/A $22.40 $56.00

INVADE (RRSI NIS) Surfactant (1 gal} $10.00 $10.00 $13.00 $13.00

* KRENTITE S (2.5 gal) N/A N/A $76.80 $192.00

MILESTONE (1 quart) $60.00 $60.00 $81.00 $81.00

MOJAVE (Sib bag) $6.60 $33.00 $8.80 $44.00

MSM 60 (ALUGARE} (8 oz} $2.25 $18.00 $3.00 $24.00

OUTRIDER 20 oz N/A N/A $306.00 $306.00

OVERDRIVE 7.5 oz N/A N/A $43.33 $325.00

* PENDULUM (2.5 gal) N/A N/A $40.80 $102.00

* PERSPECTIVE (20 oz) $3.80 $76.00 $5.05 $101.00

* POLARIS (2.5 gal} N/A N/A $80.40 $201.00

* QUINCLORAC (QUIN STAR TURF) (lib) N/A N/A $2.56 $41.00

REMEDY (1 gal) $39.00 $39.00 $52.00 $52.00 I--·

ROUNDUP QUIKPRO (Bx of 5, 1.5 bag} $1.60 $8.00 $2.20 $11.00

SPEEDZONE (1 gal) $52.00 $52.00 $69.00 $69.00

SPEEDZONE (20 oz) $16.00 $16.00 $21.00 $21.00

*SPIKE (25 lbs} N/A N/A $12.60 $315.00

TOR DON 22K (1 gal) $34.00 $34.00 $45.00 $45.00

*VISTA (2.5 gal) N/A N/A $184.80 $462.00

*COUNTY USE

Shawnee County Weed Department

Annual Noxious Weed Management Plan

2016

Compiled by: John Welborn, Noxious Weed Director Shawnee County Weed Department 2044 SW Western Topeka, Kansas 66604 785 251-7890 John.Welborn@snco.us

Shawnee County Weed Department

•••• H " ••• •••••••• "" MISSIONSTATEMENT" " - " ..... .

The Shawnee County Weed Department enforces the Kansas Noxious Weed Law K.S.A. 2-1314 et seq. and the Nuisance Weed & Rank Grass Resolution H.R. 2005-3 for Shawnee County. The Shawnee County Weed Department is also indirectly responsible for the control of noxious weed infestations on all county owned property and rightwof-way and contracts with local governmental entities to fulfill their responsibility in complying with the Kansas Noxious Weed Law.

Governed by the Kansas Noxious Weed Law & Shawnee Co. H.R. 2005-3

I

Directed by the Shawnee County Board of County Commissioners

I

Combined with Shawnee County Parks and Recreation

I

Guided by the Shawnee County Weed Department

I I I I

Education Enforcement Control

NOTE: In this document llShawnee County" means all of Shawnee County whether in the City limits of Topeka, any of its' other municipalities, or in the rural county townships.

_Shawnee County Weed Department

SERVICES IDA Y TO DAY FUNCTIONS

The Shawnee County Weed Department is directly or indirectly responsible for the control of noxious weeds in Shawnee County. The Kansas Noxious Weed -Law K.S.A. 2-1314 et seq. requires all persons who own, or supervise land in Kansas to control and eradicate all weeds declared noxious by legislative action. The department's primary role is to enforce the Kansas Noxious Weed Law and the Nuisance Weed & Rank Grass Resolution H.R. 2005-3 for Shawnee County. The department acts as a iiaison between landowners to control these spreading noxious and nuisance weed infestations. As a regulatory agency, the Shawnee County Weed Department enforces weed control on private property, and provides noxious weed control for most public properties in Shawnee County. Shawnee County uses a three-prong approach to encourage landowners to comply with the noxious weed statute and the county resolution. Those prongs are Education, Enforcement, and Control.

Education: The Shawnee County Weed Department strives to educate and provide information to landowners on the regulations and the benefits of weed control and property management in a professional and courteous manner.

The Weed Department maintains a website with program descriptions, control options and contact information.

Educational brochures and training materials for noxious weed control and pesticide use are available and on display at the warehouse and office.

The Shawnee County Weed Department sponsors an educational display booth at the Kansas Lawn & Garden Show, the Topeka Farm Show each held at the Expocenter annually, and at the Gage Zoological Park on Earth Awareness Day.

The department offers plant identification and control recommendations for non-noxious weeds (i.e., poison ivy, brush, lawn weeds). This service is utilized by many of our Shawnee County residents •

.. _ --~-~- '?~~j_:a:J.~~!~~~ _ ~~!~ _!~~ ~~!! ~!!~~~!~~--§-~~i'?_~, ___ t._I.te ___ W.~~d . P~R~rt~~~t ... publishes monthly inserts in their newsletter.

The Shawnee County Weed Department has an excellent working relationship with other governmental educational agencies such as the KSU Ag Extension Service and the Natural Resource Conservation Service.

The Shawnee County Weed Department conducts pesticide training seminars and other educational field days.

The department communicates the value of noxious weed control and weed management at garden clubs, extension programs, and to FFA and 4-H youth at the Shawnee County Fair.

Enforcement: The Shawnee County Weed Department encourages compliance with the law by offering incentives for proper weed management. As required by the Kansas Noxious Weed Law, the Shawnee County Weed Department provides cost-share chemical control to landowners. Landowners receive the controls at approximately 75% of the departmental cost.

The Shawnee County Weed Department maintains a warehouse and sales counter to provide cost-shared herbicide controls and rental equipment to landowners. The rental sprayer program is a very popular service for property owners that do not have their own spraying equipment.

Our department strives to take a proactive and deterrent role in performing our regulatory duties and therefore, out of literally hundreds of noxious & nuisance weed investigations, the county weed department only forced action on fewer than 50 landowners.

The Shawnee County Weed Department is responsible for enforcing noxious weed control on private and public property in all areas of Shawnee County, and acts as a liaison between neighbors with invasive noxious, or nuisance weeds near property boundaries.

Landowners failing to control the noxious, or nuisance weeds within the time period allowed may result in the county treating the weeds at the landowners

expense and placing a lien on the property if the bill is not paid within 30 days, or filing criminal charges for non-compliance.

________________ !~-~--~~~~~-~~--~~-~~~ ~~~~- ~~P.~!-~~~~!- ~-~~-!!~~!Y ~«>-~!~~J~ -~~ty~g~ _y~rl:f.~,_ businesses, storage facilities, and construction equipment lot owners to utilize the cost-shared herbicide program to rid their properties of noxious and other nuisance weeds.

The Shawnee County Weed Department routinely contacts cemeteries, golf courses; a~d caretakers of large manicured grass areas to utilize the cost­shared · herbicide program to rid their properties of noxious and other nuisance weeds.

Control: Government must be a good steward of land, and just like private property owners, is required to comply with the weed control laws. The Shawnee County Weed Department works diligently to keep the property and rights-of-way of the public, in compliance with the Kansas Noxious Weed Law.

The Shawnee County Weed Department controls invasive and noxious weeds on county property and R-0-W; all state highway R-OwW in Shawnee County; City of Topeka Parks; R-0-W in Auburn, Dover, Grove, Menoken, Mission, Monmouth, Rossville, Silver Lake, Tecumseh, Topeka, and Williamsport Townships; Tri-County, Kaw River, North Topeka, and City of Topeka Drainage Districts, and Wakarusa River watershed lakes in Shawnee, Osage, and Douglas Counties.

Every city street and right-of-way in Shawnee County, including the City of Topeka, is inspected for noxious weeds at least once, and typically three times, during the summer growing sea~on.

Our weed control crews are working diligently to control and curtail weed infestations any day wind speeds allow, the ground is not frozen, and/or the air temperature is above 30 degrees. Normally, these conditions occur between March 1st and December 1st.

The Shawnee County Weed Department inspects real and personal property, feed and forage crops, and topsoil extraction sites in Shawnee County for noxious and nuisance weeds.

The Shawnee County Weed Department encourages the use of bio-control agents and holistic weed control practices. Bio-control agents to control

Musk Thistle and Field Bindweed have been released within Shawnee County.

ORGANIZATIONAL CHART-SHAWNEE COUNTY WEED DEPT.

Citizens of Shawnee County

I

Board of County Commissioners

I

Noxious Weed Director (FT)

I

Account Clerk II (FT)

I Pesticide Applicator (Full Time)

Pesticide Applicator (Intermittent 800 hours)

Pesticide Applicator (Intermittent 800 hours)

Pesticide Applicator (Intermittent 800 hours)

Chemical Sales/Consultant, Pesticide Applicator (Intermittent 800 hours)

• Three permanent and five intermittent employees.

·····p- - H-- Shaw-nee-County--Weedp--Depa-rtment--

FACILITY AND MAJOR EQUIPMENT

The Shawnee County Weed Department's office, equipment shop, and warehouse are located at 2044 SW Western, Topeka, Ks. This is on the southwest corner of the Expocentre grounds in central Topeka. The office, warehouse, and cost-share sales counter are available to the public Monday through Friday, 8:00 a.m. to 5:00 p.m. year around.

The following is a list of major equipment housed at 2044 SW Western and used by the Shawnee County Weed Department.

( 4) Pickup Trucks, % ton, 4x4, with mounted roadside spraying units. (2) Light duty trucks equipped for city spraying. (1) Pickup Truck, 1/2 ton, 4x4, non-compliant inspection vehicle. (2) ATVs, 4x4, with mounted spraying units. (1) Tractor, cab, 80 hp, with mounted spraying unit. (15) Rental Sprayer Units, 200 gallon, self-contained, for public use. (#) Various equipment trailers, mowers, forklift, sprayers, and weed

control equipment.

Shawnee County Weed Department

Noxious weeds can and will grow on any property without regard to size, location, or ownership.

There are 12 plants listed as "Noxious Weeds" by the Kansas Noxious Weed Law. Four grow readily in Shawnee County, Three are in small, localized infestations, and five are not known to exist in Shawnee County.

As of Jan, 1 2016, there are 75,672 different landowner parcels, approximately 556 square miles, or 355,840 acres in Shawnee County.

In 2015, the Weed Department controlled noxious and invasive weed infestations on 2300 miles of Township, City, County and State/Federal Right-of-Ways, 45 miles of drainage levees, 40 acres of sewage treatment district property, and 18 District Watershed lakes along the Wakarusa River in Shawnee, Osage, and Douglas Counties.

The Weed Department maintains a mailing/service list of over 9530 names of landowners; operators and businesses in the County.

The Weed Department had a 2015 property tax supported operating budget of $279,334 dollars. The remaining 35%) of the budgetary expenses are funded by outside weed control contracts, and reimbursable herbicide sales. The 2016 budget is $271,983.

In 2015, the Weed Department assisted over 4000 landowners through sales, and walk-in, or telephone inquiries.

In 2016 the Weed Department will partner with Shawnee County Parks and Recreation to provide equipment and labor for the purpose of noxious weed control in the 115+ 'public use' parks in Shawnee County consisting of over 600 acres.

2016 ANNUAL NOXIOUS WEED MANAGEMENT PLAN

We certify that this is a correct copy of the Shawnee County Annual Noxious Weed

Management Plan as required by K.S.A 2-1317

Michele A. Buhler, Chair, Board of County Commissioners Date

Robert E. Archer, Vice- Chair, Board of County Commissioners Date

Kevin J. Cook, Member, Board of County Commissioners Date

John Welborn, County Noxious Weed Director Date

SHAWNEE COUNTY

WEED DEPARTMENT ANNUAL NOXIOUS WEED

ERADICATION PROGRESS REPORT

2015

2044 SW WESTERN AVE TOPEKA, KS 66604 (785) 232-0120

ANNUAL NOXIOUS WEED ERADICATION PROGRESS REPORT 2015; as required by KSA 2-1316.

County: Shawnee

Noxious Weed Supervisor'sName:_ J()~n Welborn

Instructions: Complete and sign form. Submit a copy to Kansas Department of Agriculture by February 15,2016.

,.lf:-~\~v, .. K: .~,~~:..::1 - ~~:.)'"l·\~>--1,;,:~~~ '"o(:::.::.~;~u) ~\p~;.:i- ~ - --- ·-- L ~--.._-~ CO.-~-L .__ -••< • --··--••• ·- • ••• -~

·- ,_ - -

. -~f:li!(:' - l t :.1 ~ ;; ~ r. .~-; --,~-;(:- :,--.:(:1~1· '~1~

~t~ r"·~·.-,.o~~c~ ,,,,~'v:f~r

-' ----------------------------------~---------------------------------'---------------John Welborn Director 100% See Attachment

Monthly salary of the Noxious Weed Director beginning January 1, 2016 $ 4420.00

Budget for 2015 . . . . . . . . . . . . .. . . . ....... ..... ...... ...... .. ...... .. . .. . . . ... . . . .• . ... . . . . . . . . . .• . . . . . . . . ..•. ....... . ..... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. r-2:::c9:...:7-'-', 34:...:.....:4 ________ --1

Mil levy for 2015 ...... . . ...................... ... .. ..... . . ..... ......... ......... ... ...... ......... .... .... . .... . . ...... ..... .... . .. . ... ..... . . .... ...... f---.1_78 __________ ---1

County valuation for 2015 ......... ...... ............................................................................................................ 1,571,493,484

Personnel services ....................................................................... ................. ............... .............. ....... ......... f-'-'18:..:8-'-',0:.::;2;..:.6 _______ --1

Contractual services ........................................................................ ~ .... ..................... ......................... .. ...... L-;..:15;.!.,8::..1:..:4'---------'

Commodities

Chemical purchases .......................................................... ~..:...15:...:7-'-',9:...:3c.::2'--------i Other commodities .... .. ...................... ... ........ ..................... L. . ..:...14.:...:,4..:...4.:...:3'---------------l

Total Commodities ... ................. ... ........ ................... ................ ................................................................... . 172,375

Capital outlay ............................. .. .......... ....... .. ............. .. ... ........................................ ................................. . 37,342

TOTAL EXPENDITURES ................................................................................................................................... ._4.-1.;,o3;,;,57:..;7 ___ __. ... ~~~~~eadp:;~;~:.~~n(~:~ ~::~s1 !} 0~~~·;~) .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1 f-~-=-7-9-,3-3_4 ________ -i

Current reimbursements

Chemical .............................................. .......... ................... f-9-=-4.:.:.,6:..:5:..:5 _____ ---1

Equipment & Labor ..................... ........ ....... .... ......... ........ ... f-3::...:8.:.:.,6:...:2:...:1 ______ ---1

Other ......... .................... ..... ............................. ............ ..... .

Total reimbursements ................ ...................................... ................ ....... .. ........ ......................................... . 133,276

Old accounts collected ............................................................................................................................... . 0

TOTAL REVENUE ............................................................................................................................................... ~.,;4:.,:1.:;,21,/ii6,:.;10~---_.

Carryover to next year's budget (2015 to 2016) .... .. ........................................................................................... ._I 0.:;..._ _____ _,

Page 1 of 6

Shawnee County Weed Department Employees

I Name I Title I Dates Employed I %of time spent on Noxious ~s-]

John Welborn Director 1/1/2015 -Current 100%

Normacita Sneddy Account Clerk II 1/1/2015- Current 100%

Cletus Cailteux Pesticide Applicator 1/1/2015 - Current 100%

Marvin Brungardt Applicator Intermittent- April thru September 100%

Paul Halderman Applicator Intermittent- April thr:u September 100%

Cheri Hobson Applicator Intermittent- April thru September 100%

Kevin Wilcox Applicator/Warehouse Intermittent- April thru September 100%

Shane Root Applicator/Warehouse Intermittent- April thru September 100%

Beginning Balance ........... .. .... ............ ...... .... ... .... . ..... ....................... .. .. . . .. .. . . .. . . .. .... . ............ ................... ..... .... ... IL-1.:..:8:...:1.!..:,5:.::9...=.8 ____ ...J

Receipts .............. .. ...................................... ................... .... ......... ............. ...... ..................................... ... ......... .. 1'-o ______ ___,

Expenditures Identify Purchases:

Ford F150 SuperCab 4x4 124,876

Ending Balance ........ .......................... ........................... ............. .... .......... .. .. .... ................. ................................. ._1_15_6 ... ,7_2_1~----

----- -. -- , ~~ ~-- --~ ~ -.-. __ . ·\~~~~i:~i~-~~~=:JIJ~A ~·~~i~~i~:~£~~{(~~:;~ ~0~ ~I~~~f~l~f:;_?~~~ ~{~ .~ .. -=~ ~--·- _- -- -- --~ ~. ~ Private County Township State Federal City Gov.

Total Lands Lands Lands Lands Lands Lands

Field Bindweed (FB) 28300 3000 1800 1600 25 2000 36725

Musk Thistle (MT) 26810 1500 1500 2000 100 700 32610

Johnsongrass (JG) 5800 2000 3000 2000 500 13300

Bur Ragweed (BR)

Canada Thistle (CT} 15 15

Leafy Spurge (LS) 2 2 2 6

Hoary Cress (HC) 40 40

Sericea lespedeza (Sl} 16000 7000 2000 1000 200 26200

Russian Knapweed (RK}

TOTAL 76910 13500 8302 6617 125 3442 108896

: ' f;,'~fJ'!i1/i~k@li;J~(dfr:l:(i-f~: ·oF ;l'f;:,W(.)I;J~ ~ ·,1)':-J:O:f$ ·~)~1 i~f;"f\.•}:~7'•; _L•"~~T~ . .:{uf:i-·:;f~'lr•toTI·- - ; ~-------- ---------- --------------------~-- - ---- --- _..__ ---------------------- . - -· ---- -- ------ ---·- ---- ------- ---------- --- -- -----------------

Wheat Corn Soybean Grain

CRP Range. Other

Fallow No n-Ag. Total Sorghum Pasture Crops

FB 600 2700 8000 6000 4500 6500 28300

MT 200 100 10 4000 11500 2000 1000 8000 26810

JG 200 300 300 5000 5800

BR

CT

LS

HC

SL 7000 4000 5000 16000

RK

TOTAL 800 3000 8010 17000 20000 2300 1300 24500 76910

Please check the count~-o~tion weeds declared noxious in ~our count:t:

Multiflora Rose D Bull Thistle D

Page 2 of6

Annual Noxious Weed Eradication Progress Report Treatment Summary

County: Shawnee Year: 2015 ~~----------------

Field Bindweed 9850 840 2500 2775 70 250 . 16285 Musk Thistle 14200 700 925 620 . 16445 Johnson Grass 2150 60 145 20 150 180 2705 Canada Thistle 6 6

1 1 1 3 35 35

10500 1650 1675 1800 I 1150 12775

Totals I 36700 2250 14245 4221 220 616 48254

Field Bindweed 6500 9850 Musk Thistle 550 14200 Johnson Grass 250 1150 1525 2150 Sericea Les 6050 4025 275 10500

Totals 150 425 500 8200 14325 14350 8850 136700 Page 3 of6

! I ' ' :;·1;=11 ~~h:l'-lvi ~~-1:)~ ' ~'1 ~ (;~ ~·e it~}':) ' "I~~ ~~; i't:~·{ • "} t' t~-1 ~ vp;"( ~ .::)~ ~1 ~: ':" 1 >(~f. i

-- --··--·'-·--------- ,JR- o ·--

___ ]__ f 'H''· ·!. ·;;r. tol( . , "· ------~-:.. --·-- -- .._ __ -------------------- '-- --- h ----- --- - _______ _j

2,4-DAmine 12.00 5170

2,4-D LV Ester 16.40 125

Aminopyralid [Milestone] 60.00 90 qt

Dicamba (Banvel, Overdrive, etc.] 52.40 25

Glyphosate [Roundup, etc.] 12.00 2777.5

lmazapic [Plateau, etc.] Fonnula 40 COUNTY USE 107.5

lmazapyr (Arsenal, etc.] 6.60 17451bs.

Metsulfuron-methyl [Escort, etc.] 2.25 9808 oz

Picloram [Grazon, Tordon, Outpost, etc.] 33.00 368

Sulfosulfuron [Outrider, etc.] COUNTY USE 80oz

Trlclopyr [Remedy, etc.] 39.00 648

Fusion COUNTY USE 17.5

Aquatic Glyphosate COUNTY USE 150

Perspective COUNTY USE 960oz

Polaris COUNTY USE 177.5

Quick Pro 1.07 4743 oz

Speed Zone 52.00 126.5

~ · ~~~~~rcrr-ti~·,v;r~~ii: 8JJn~·,v~·~::-w - ·~ ~~~--------"·----· -----~-----~- --- 1

Warning Notices 45 Enforcement Comments: Concerted effort made to contact landowners in person before

Legal Notices 2 contacting by mail.

Court Cases

Diversion Agreements

Accounts to Tax Roll

Meetings Sponsored 2

Demonstration Plots

Weed Free Forage Inspection

Publish General Notice

We certify this is a correct copy of the ~S,h"'a,_,_w'-'-n_,_,e""e _____ County Noxious Weed Program for 2015.

We certify that _ __,J::.::o"-'h.!!.n_,_W_,_e""l::<.bo""rc:..:n'------- is employed as Shawnee County Noxious Weed Director for 2016.

Chairman, Board of County Commissioners Date

County Commissioner Date

County Commissiont3r Date

County Commissioner Date

Noxious Weed Director Date

Page 4 of6

ANNUAL NOXIOUS WEED ERADICATION PROGRESS REPORT -Treatment Summary for One Weed

County: Shawnee Year: 2015 Weed Treated: Field Bindweed

Total Acreage Treated 987 1563 I 3708 I 5922 11336 I 438 I 811 1077 I 315 1128 16285

Page 5 of6

NOXIOUS WEED SURVEY WORKSHEET- Survey for One Weed

County: Shawnee Year: 2015 WeedSuNeyed:~F~i~e~ld~B~i~n~d~w~e~ed~----------------------

Worksheet to Calculate Estimated Acreage of a Noxious Weed ln a County:

Total Acreage Found Infested

• -•

• -•

Total Acreage Surveyed

6400

X

X

Page 6 of6

'Total Acreage of County

355,840

--

--

Estimated I Nox. Weed Director's Acreage Infested Adjustment of Ext. Ac .

ANNUAL NOXIOUS WEED ERADICATION PROGRESS REPORT- Treatment Summary for One Weed

County: Shawnee Year: 2015 Weed Treated: Musk Thistle ------------------------------------

Total Acreage Treated 455 I 1885 I 4630 I 5500 1625 11830 I 520 16445

••• ""'*" "' *•··· -~--··· -·······- ---------·-·--

NOXIOUS WEED SURVEY WORKSHEET- Survey for One Weed

County: Shawnee Year: 2015 WeedSuNeyed:~M==u~s~k~T~h~is~t~le~------------------------

Worksheet to Calculate Estimated Acreage of a Noxious Weed In a County:

Total Acreage Found Infested

• -•

• -•

Total Acreage Surveyed

6400

X

X

Total Acreage of County

355840

--

--

Estimated I Nox; Weed Director's Acreage Infested Adjustment of Ext. Ac .

ANNUAL NOXIOUS WEED ERADICATION PROGRESS REPORT- Treatment Summary for One Weed

County: Shawnee Year: 2015 Weed Treated: Johnson Grass

Total Acreage Treated '75 930 1255 1445 2705

NOXIOUS WEED SURVEY WORKSHEET- Survey for One Weed

County: Shawnee Year: 2015 Weed Surveyed: _J..:..o..:..h:..:.::...:.ns..:..o..:..n::..:.......:G:..:r....:;a~s..:..s ____________ _

Worksheet to Calculate Estimated Acreage of a Noxious Weed In a County:

Total Acreage Found Infested

• -•

• -•

Total Acreage Surveyed

6400

X

X

Total Acreage of County

355840

--

--

Estimated I Nox.' Weed Director's Acreage Infested Adjustment of Ext. Ac.

ANNUAL NOXIOUS WEED ERADICATION PROGRESS REPORT- Treatment Summary for One Weed

County: Shawnee Year: 2015 Weed Treated: Canada Thistle ~~~~~~~----------------------

Total Acreage Treated 6 I I I I I I I 16

NOXIOUS WEED SURVEY WORKSHEET- Survey for One Weed

County: Shawnee Year: 2015 Weed Surveyed: Canada Thistle --------------~--------------------

Worksheet to Calculate Estimated Acreage of a Noxious Weed In a County:

Total Acreage Found Infested

• -•

• -•

Total Acreage Surveyed

6400

X

X

Total Acreage of County

355840

--

--

Estimated I Nox. Weed Director's Acreage Infested Adjustment of Ext. Ac.

ANNUAL NOXIOUS WEED ERADICATION PROGRESS REPORT- Treatment Summary for One Weed

County: Shawnee Year: 2015 Weed Treated: _L:::.e.:...;a:.:..:fLy.....:S:..!p:....:u::..:.r.:.!g..::.e ____________ _

Total Acreage Treated 3 3

NOXIOUS WEED SURVEY WORKSHEET - Survey for One Weed

County: Shawnee Year: 2015 WeedSuNeyed:_L=e~a~~~S~p~u~rg~e~-----------------------

Worksheet to Calculate Estimated Acreage of a Noxious Weed In a County: r-----------~----~--------~----~~--------T------r----------~--------------~

Total Acreage Found Infested

• -•

• -•

Total Acreage Surveyed

6400

X

X

Total Acreage of County

355840

--

--

Estimated I NoX.: Weed Director's Acreage Infested Adjustment of Ext. Ac.

ANNUAL NOXIOUS WEED ERADICATION PROGRESS REPORT -Treatment Summary for One Weed

County: Shawnee Year: 2015 Weed Treated: _H_..;_oa.:..:.ry....:!.-C__;_re;...:s;...:s ____________ _

Total Acreage Treated 35 I I I I I I I 135

Total Acreage Treated 35 I I I I I I I 135

NOXIOUS WEED SURVEY WORKSHEET - Survey for One Weed

County: Shawnee Year: 2015 Weed Surveyed: _H_o_a_,ry.__C_re_s_s _____________ _

Worksheet to Calculate Estimated Acreage of a Noxious Weed In a County:

Total Acreage Found Infested

• -•

• 1 ~-.. ~· ~·~ev I I -:-

Total Acreage Surveyed

6400

X

X

Total Acreage of County

355840

Estimated I Nox. Weed Director's Acreage Infested Adjustment of Ext. Ac . --

--

ANNUAL NOXIOUS WEED ERADICATION PROGRESS REPORT- Treatment Summary for One Weed

County: Shawnee Year: 2015 Weed Treated: Sericea Lespedeza

Total Acreage Treated 6103 I 2650 I 440 I 3552 I 30 12775

NOXIOUS WEED SURVEY WORKSHEET- Survey for One Weed

County: Shawnee Year: 2015 Weed Surveyed: Sericea Lespedeza

Worksheet to Calculate Estimated Acreage of a Noxious Weed In a County: .----------.--~r-------~r----r--------~----T---------~----------~~

Total Acreage Found Infested

• -•

• 1 ~· .. -· -·-"~ I I -- .

Total Acreage Surveyed

6400

X

X

Total Acreage of County

355840

Estimated I Nox~ Weed Director's Acreage Infested Adjustment of Ext. Ac • --

--