BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · 2018-10-02 · BOARD OF COUNTY COMMISSIONERS...

BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, OCTOBER 4, 2018, 9:00AM COMMISSION CHAMBERS, ROOM B-11

I. PROCLAMA TIONSIPRESENTA TIONS

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

I. Consider authorization and execution ofContr·acl C311-2018 with the Kansas Juvenile Correctional Complex for emergency housing and transportation of juvenile offenders during an emergency event in accordance with the American Correctional Association Standards and the Shawnee County Emergency Management COOP plan--Corrections.

2. Acknowledge receipt of the October gth Planning Commission Agend<~ and minutes of the August 13 111 meeting.

3. Acknowledge receipt of correspondence from Sheritl Jones regarding renewal of a maintenance agreement (Contract C312-2018) for one year for CritiCal!, used to screen applicants for the Emergency Communications Center, at a cost of$1,049.00 with funding from the 2018 budgetSheriff's Office.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. BOND COUNSEL- Bob Perry

I. Consider approval of Resolution No. 2018-48 authorizing the defeasance of the Single Family Mortgage Revenue Bonds, 1997 Series A Commissioner Cook.

C. SHERIFF'S OFFICE-Sheriff Jones

I. Consider approval of request to reclassify one Civilian Property Technician I position to a Civilian Property Technician II at an increase in wages and benefits of$4,717.44, funded from the Sheriffs operation budget.

D. PUBLIC WORKS/SOLID WASTE- Tom Flanagan

I, Consider approval of request to solicit bids for five commercial grade pressure washers for use in the District and Bridge shops with an estimated cost of$24,500.00 (includes trade-in of five pressure washers) with funding from the Public Works Special Machinery account.

E. FACILITIES MAINTENANCE- Bill Kroll

1. Consider authorization and execution of Contract C313-20l8 with MEI Total Elevator Solutions for repairs to the Elections Office elevator and approval of request tu utilize contingency funds to pay for the repairs in an amount of $1 ,247.00.

2. Consider authorization and execution of Contract C314-20l8. extension of Contract C320-2017, with Heartland Alarms for annual fire alarm system testing and repair through October 10,2021 maintaining the 2017-2018 pricing.

F. PARKS+ RECREATION- John Knight

I. Consider approval of request for out-of-state travel for one employee to attend revenue management training held March I 0- 15, 2019 at a cost not to exceed $3,500.00 with funding from the departmental operating budget and authorization and execution of Contract CJlS-2018, education and training expense agreement.

2. Consider approval of request for out-of-state travel to attend the National Alliance of Youth Sports Congress held November 7- 10, 2018 at a cost not to exceed $2,250.00 with funding from the depwtmental operating budget and authorization and execution of Contract C316-2018, education and training expense agreement.

3. Consider approval of request for out-of-state travel to attend the Cartegraph National Conference to be held April 29- May 3, 2019 at a cost not to exceed $2,540.00 with funding from the departmental operating budget and authorization and execution of Contract C317-2018, education and tmining expense agreement.

4. Consider authorization and execution of Contract C318-2018 with the Easterseals Capper Foundation setting out the conditions for the 20 18 Pumpkin Palooza activities on October 13th at Lake Shawnee with expenses offset by a special event fee and a donation to the Parks and Recreation Foundation totaling $550.00.

5. Consider awarding bid to Brown Midwest Commercial Construction for field improvements at Rueger Complex at a cost of $94,796.10 and authorization and execution of Contract C319-2018 for same.

G. APPRAISER

I. Consider authorization and execution of Contract CJl0-2018 with ESRI for annual licensing and maintenance of the Geographic lnfonnation System at a cost of$25,675.34 with funding from the Land Records Fund.

2. Consider approval of request to advertise and fiU a vacant Appraiser I position at a salary, including benefits, of$48,584.24 and approval to fill any positions that become vacant as a result of filling this one.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

'

TO:

FROM:

DATE:

SUBJECT:

IIr I Shawnee County

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

Brian W. Cole, Director

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

Corrections Annex- 618 SE Adams- Topeka, Kansas 66607. (785) 251-5000. FAX (785) 251-4930

Board of County Commissioners

Brian Cole, Director

September 28,2018

CONSENT AGENDA: Request Approval of Memorandum of Agreement with Kansas Juvenile Correctional Complex (KJCC)- Emergency Housingffransportation

I am requesting approval of a Memorandum of Agreement (MOA) between Shawnee County and the Kansas Juvenile Correctional Complex. The purpose ofLhis MOA is for both parties to work together during such events that result in the emergency housing and transportation of juvenile offenders.

In accordance with our American Correctional Association standards and Emergency Management COOP plan, having valuable partnerships during emergency events are needed. We have several MOAs with other counties to ensure we meet our obligation for the care and custody of those who are in our facility

The County Counselor has reviewed the MOA for legality and form. Thank you and T will be happy to answer any questions you may have.

BWC:bwc

cc/ James Crowl, County Counselor Brandy Biltofi, Division Manager File

MEMORANDUM OF AGREEMENT Emergency Relocationffransportation

SHAWNEE COUNil

CONTRACT # ~1\-0lolt

This Memorandwn of Agreement (MOA), by and between the Shawnee County Department of Corrections' (SNDOC) Juvenile Detention Center (JDC) and the Kansas Juvenile Correctional Complex (KJCC) (referred to collectively herein as "Agencies") and in the spirit of mutual cooperation, is made for the purpose of allowing both agencies to hold juveniles on a temporary basis for each other during an emergency situation.

DEFINITION OF AN EMERGENCY

An emergency is defined as any situation that jeopardizes, or potentially jeopardizes the security or safety of the juvenile residents, the staff, or the general public.

PROCEDURES FOR REQUESTING ASSISTANCE

Both Agencies agree not to call for assistance unless there is an emergency as that term is defined previously herein and the involved correctional facility has determined that such facility's normal resources are insufficient to address the emergency condition.

The Director/ Administrator or designee of the agency needing assistance shall contact the other agency for the purpose of requesting assistance. Requests for assistance shall be made by telephone and shall be verified in writing as soon as possible.

For purposes of requesting assistance pursuant to this Agreement, the telephone number for contacting SNDOC JDC shall be (785) 233-6359, extension 7728, and the telephone number for contacting KJCC shall be (785) 354-9800, ext, 600,

Each request shall include: • The name and position of the official making the request; • The nature and location of the emergency; • lbe number of bed spaces or cells required; • Equipment needed to assist with the transportation of juvenile residents; and • The name and position of whom the assisting agency should contact.

SCOPE OF ASSISTANCE

Both Agencies will make reasonable efforts to assist each other in the event of an emergency at each other's correctional facility(s).

Both Agencies' personnel, vehicles, and equipment will be made available and utilized as appropriate in the event of an emergency, as determined by both Agencies.

The Incident Commander (or his/her authorized representative) or designee of the agency needing assistance shall be the ultimate authority in response to and at the site of an emergency and he/she \Vill work closely with the leadership of the other agency to coordinate emergency

response efforts. This will include, but is not necessarily limited to, providing access to facilities and providing for the protection of equipment and personnel.

Each respective agency will provide electronic and telephonic connections at any emergency response site so as to facilitate on-scene communications.

The designated Public Information Officer of the agency needing assistance, after appropriate consultation, will be responsible for media relations at an emergency response site.

In the event bed space is required in the assistance to either agency, such emergency assistance will be provided only when in the judgment of assisting agency that such assistance can be reasonably furnished without compromising other obligations or responsibilities. The assisting agency shall relate how many beds are available and both agencies shall agree to the time needed for the bed space. Depending on the nature of the emergency and/or if the time needed exceeds thirty (30) days, the holding agency may implement a per diem rate per juvenile resident in the same amount being charged to other agencies for housing juveniles during non-emergencies.

Each juvenile resident shall be housed according to the holding agency's juvenile classification system. Juvenile privileges and programs shall be upon availability and eligibility. Juveniles shall be provided three (3) nutritional meals each day and adequate services such as heaJth and mental health care.

If services are identified as needed for a juvenile resident beyond the basic correctional care and custody needs, consultation between the Agencies as to the delivery of those services shall occur prior to delivery of such services.

This MOA '"'111 remain in effect until one party notifies the other, in -writing, that use of their agency as a temporary holding facility is no longer practicable or feasible.

Date: tf-2-7-1 ?'

Date: Dustin Karr, uty Superintendent Kansas Juv nile Correctional Complex

Date: ---------Kevin Cook, Chair Shawnee County Commission

UNSEI.OR

c"rr-------------"'=~"'""l'l ~:;L SHAWNEE COUNTY PLANNING COMMISSION

General Information:

AGENDA

Monday, October 8, 2018 6:00P.M.

Shawnee County Annex 1515 NW Saline Street

First Floor Conference Room Topeka, Kansas 66618

• The Shawnee County Planning Commission holds a public hearing on the second Monday of each month to consider certain zoning, conditional use permit, subdivision, and other related proposals as may be required by laws of the state or county. The Planning Commission conducts an informational meeting with staff at 5:00p.m. prior to the 6:00p.m. public hearing. The information meeting is held in the Planning Department and is open to the public.

• The following agenda identifies and describes each proposal to be considered by the Commission.

• Please refer to the attached Hearing Procedure governing the rules of conduct and the manner in which individual items will be heard.

• Unless continued all zoning and conditional use permit matters on this agenda will be considered by the County Commission for final determination on Monday, October 29, 2018, at 9:00am in the Shawnee County Courthouse, Room B-11, Topeka, Kansas.

THE NEXT PUBLIC HEARING IS SCHEDULED FOR

Tuesday,November13,2018

Members Of The

Planning Commission

Judy Moler, Chairperson

Brian Aubert, Vice-Chairperson

Chad Depperschmidt

Jerry Desch

Jake Fisher

Matthew McCurry

Christi McKenzie

Planning Department Staff

Banry T. Beagle, AICP, Planning Director

Anna M. Ortega, Zoning Administrator

Joelee A. Charles, Administrative Assistant

Shawnee County Planning Commission

AGENDA

Monday, October 8, 2018

A. Call to Order and Announcement of Hearing Procedure

B. Roll Call and Declaration of a Quorum

C. Approval of Minutes for the August 13, 2018, Public Hearing

D. Communications

E. Ex parte Communications by Members of the Commission

F. Declaration of Conflict of Interest by Members of the Commission or Staff

G. Zoning and Subdivision Items

1. CU18/06 by McCollum Family Trust seeking a Conditional Use Permit to establish a bed and breakfast inn including a special event venue on property zoned "RR-1" Residential Reserve District and located at 3521 SE Paulen Road in Tecumseh Township. (Continued to November 13, 2018, public hearing.)

2. Silver Lake Heights Subdivision (Preliminary and Final Plat Phases) [P18/02] by Silver Lake Heights, LLC for property located on the south side of NW 46th Street, approximately 2,444-feet west of NW Hodges Road in Silver Lake Township.

H. Public Comment on Non-Agenda Planning and Zoning Items

I. Discussion of Planning Related Issues

1. Accessory Dwelling Unit Proposal

J. Adjournment

Hearing Procedure

Welcome! Your attendance and participation in tonight's hearing is important and ensures a comprehensive scope of review. It is because of the significance of this proceeding that everyone understands the hearing procedure.

Each item appearing on the agenda will be considered by the Shawnee County Planning Commission in the following manner:

1. The Planning Department staff will introduce each agenda item and present the staff report and recommendation. Commission members will then have an opportunity to ask questions of staff.

2. Chairperson will then call for presentation by applicant followed by questions from the Commission.

3. Chairperson will then call for public comments in the following order: o Comments of those speaking in favor o Comments of those speaking in opposition

Each speaker must come to the podium and state your name and address for the record. The Chairperson reserves the right to establish a time limit for all speakers to afford everyone the opportunity to speak and in consideration of other items appearing on the agenda. At the conclusion of each speaker's comments, the Commission will have the opportunity to ask questions. The applicant will be given the opportunity for rebuttal and make concluding comments. The Chairperson reserves the right to allow additional testimony from proponents and opponents after all initial comments are made.

4. Chairperson will close the public hearing at which time no further public comments will be received. Commission members may then discuss the proposal and ask further questions of staff.

5. Chairperson will then call for a motion on the item, which may be cast in the affirmative or negative. Upon a second to the motion, the Chairperson will call for a roll call vote in which Commission members will then vote yes, no or abstain.

Each item appearing on the agenda represents a potential change in the manner in which land may be used or developed. Significant to this process is public comment, which affords the Commission with information essential for making a determination. Your cooperation and attention to the above noted hearing procedure will ensure an orderly meeting and afford an opportunity for all to participate. Please Be Respectful! Each person's testimony is important regardless of his or her position. A/1 questions and comments shall be directed to the Chairperson from the podium and not to the applicant, staff or audience.

MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Monday, August 13, 2018-6:00 PM Shawnee County Annex

Roll Call and Announcement of Hearing Procedure: Judy Moler, Chair, called the meeting to order at 6:14p.m., reviewed the hearing procedure and asked for roll call to be taken.

Members Present: Judy Moler, Matthew McCurry, Chad Depperschmidt, Jerry Desch, Jake Fisher and Christi McKenzie. With six members present, a quorum was established.

Members Absent: Brian Aubert.

Staff Present: Barry T. Beagle, Planning Director; Joelee Charles, Administrative Assistant; and, Joni Thadani, Assistant County Counselor.

Approval of April 16; April 30; Mav 8; May 14; May 22; June 4; June 11: and, June 20, 2018, Public Hearing Minutes: Mr. Fisher moved to approve the April 16; April 30; May 8; May 14; May 22; June 4; June 11; and June 20, 2018, Public Hearing minutes, seconded by Mr. Depperschmidt, and with a unanimous voice vote, the minutes were approved.

Communications: None were indicated.

Ex Parte Communication by Members of the Commission: None were indicated.

Declaration of Conflict of Interest by Members of the Commission or Staff: None were indicated.

Zoning and Subdivision Items:

1. CU18/05 by Robert J. & Suzanne M. Sachs seeking a Conditional Use Permit to establish a fishing preserve for commercial recreational purposes on property zoned ~RR·1" Residential Reserve District and located at 118 NW Hodges Road in Silver Lake Township.

Mr. Beagle stated the preserve would be located on the applicants' 6.19 acre property which is narrow, %-mile long tract of land extending east of Hodges Road along the north bank of the Kansas River. Commencing their small scale operation in 2017, KAW River Adventures provides for recreational and camping opportunities. In 2017, they received certification through the Kansas Department of Wildlife, Parks and Tourism as an agritourism business.

The proposed CUP would specifically authorize the additional use of a fishing preserve for commercial recreational purposes but would also bring the present use of the property in compliance with the zoning regulations. KAW River Adventures provides their guests recreational experiences on the Kansas River from April to September. Canoeing or kayaking is available, either individually or through guided float trips. Guests may fish on the site, either from the river bank or in 'the river. A cabin is available for overnight stays for up to six individuals. Also, a small camping site allows for up to four tents to be erected and could accommodate up to eight individuals. Onsite activities would be limited to one booking per day in order to enhance the recreational experience. It is anticipated there would be no more than 15 to 20 guest vehicles per month. It is not the applicant's intent for the facility to be open 365 days per year, 24/7. It is intended to be a relatively small activity as proposed.

The property is located in a rural, sparsely populated area extending north of the Kansas River to Highway 24 and west from Topeka to Silver Lake. The predominant land use in this area is agriculture. Access would be through Hodges Road. The majority of this area extending north of the Kansas River is part of the Kansas River floodplain. As a result, no major changes are anticipated in this area in the foreseeable future. Given the isolated nature of the property bounded by agricultural land to the north and the Kansas River to the south, it is not anticipated the proposed fishing preserve would be incompatible with area property.

A principal issue encountered in the review regarding the legal access or the legal status of Hodges Road as a public roadway is now resolved. It was determined that Hodges Road is still a public roadway. For a number of years, a gate on 131

h Street barricaded Hodges Road because it was

Page 1 of 4


Monday, August 13, 2018

believed that it was a private access easement and not a public roadway. Recently, the gate was removed across Hodges Road allowing for unobstructed access to the properties to the south.

Also, the Shawnee County Health Department questioned whether the existing 500 gallon holding tank connected to the cabin would be sufficient to accommodate the proposed use. Subsequent to the staff report coming out, the Health Department made a determination. Prior to this meeting, the Planning Commission was notified that because of the projected wastewater increase on the property, the applicant would need to meet three requirements. Fist, a minimum 400 gallon holding tank needs to be installed to collect all water from the shower in the cabin and the current plumbing connecting the shower to the existing holding tank be disconnected. Secondly, port a potties need to be used during an event with more than 20 guests. Third, records must be kept of the holding tank being pumped at a minimum of once every two months during the months of March through November. Lastly, the Health Department must be given access to the property to ensure the conditions are met.

The Planning Department believes the subject property would be an appropriate location for a fishing preserve due to its remote location. As a result, staff is recommending the request be approved subject to six conditions being met. It was noted that two of the conditions were revised as new information became available.

With no questions for Mr. Beagle, Ms. Moler called the applicant to make a presentation.

Robert Sachs, 5242 SE 69~ Slreet, Berryton, KS 66409. • They are trying to activate the Kansas River. • Involved in the Momentum 2022 "Activate the River'' Initiative for the City of Topeka. " Through Heartland Visioning, there are several terms that have been identified to help the city grow. • Have held float trips on the river including one in June called Capital Paddle. lt was very successful

with over 100 people participating. • It has been something very beneficial to the city. • Looks forward to introducing people to the Kansas River. • His family has fished, hunted, trapped, etc. over 100 years on the Kansas River. • Wants to pass that on to the general public.

Ms. Moler asked if anyone had any questions for Mr. Sachs. Mr. Desch asked if Capital Paddle was held from their location, if they planned on having any other big events and how it would work with a large number of people given the restrictions. Mr. Sachs said they did it on their own as a faniily and would not be something they would do annually. No other large events have been held. They have had several family events. They have donated a couple of overnight stays to various organizations.

Ms. McKenzie asked if Mr. Sachs agreed with the Health Department's conditions. Mr. Sachs stated his father had spoke with Andy Graham and was informed what they needed to do.

Ms. Moler asked if they were agreeable with the six conditions required by the Planning Department. Mr. Sachs said they fully understood the conditions would need to be met prior to operating their business.

With no further questions for Mr. Sachs and no one to speak in favor, Ms. Moler asked if anyone wanted to speak in opposition. ·

Terry Keller, 3750 NW U.S. 24 Highway, Silver Lake, KS 66539. • Not opposed or in favor. • Because he has crop land north of the applicant's property, he wanted to know if ATVs, UTVs or

bikes would be allowed to operate on the property. • Was concerned about his land being affected.

Page2of4



Robert Sachs, 5242 SE 69'" Street, Berryton, KS 66409. • Activity would be isolated to their property which is between the levy and the Kansas River bank

which was considered to be the high water mark and where the public property begins and the private property ends.

• Wildlife and Parks has identified the high water mark as being a continually changing location so it is very important to determine where the high water mark is in reference to their property lines.

• Their northern property line is the field edge on the north side of the levee system. • There would be no degradation by any ATVs, motorcycles, etc. to the levee system which protects

everyone and an important system. They understand how important it is as well as private property. • Not going to allow anyone to trespass or do anything that would cause damage to personal property.

Mr. Desch asked Mr. Sachs if there would be a strong restriction against A TVs, UTVs, motorcycles, etc. Mr. Sachs stated their insurance company does not allow the use of unauthorized ATVs or anything similar on their property.

Ms. Moler closed the hearing. With no discussion from the members, Ms. Moler asked for a motion.

Mr. Depperschmidt moved to approve the Conditional Use Permit subject to the staff conditions and the Health Department's requirements, seconded by Mr. Fisher. There were no additional questions or discussion. With a vote of 6-0-0, the Conditional Use Permit was recommended for approval.

2. Z18/01 by David A. & Christine R. Smith Trust requesting to amend the District Zoning Classification from "RR-1" Residential Reserve District to "M-1" Two Family Dwelling District on property located at 8229 SE California Avenue in Willlamsport Township.

Mr. Beagle stated the zoning change is being requested by the applicants to build a second dwelling as an addition to their home to provide care for their aging _parents. Two dwellings would be attached by a garage resulting in the creation of a duplex. With the new dwelling, it would provide privacy and independence but would be close enough to provide assistance to their parents when needed.

Based on the rural character of this area and the lack of urban scale services to support a more intensive development, the property as presently zoned remains suitable for the uses to which it is presently restricted. Water service is currently provided by Douglas County RWD #3. Sewage disposal is currently provided by an onsite septic system. If the request is approved, the Health Department would require the construction of additional laterals to accommodate the second dwelling.

The proposed addition would result in the creation of a two family dwelling which is not permitted in the RR-1 district. Although the Planning Department does not have any concerns with regard to the zoning request, there is some concern about the potential in the future of having five acres of M-1 District zoning which could create at least the possibility of the property being subdivided to create additional two family dwelling development even though it is not the applicants' intention to do so.

It should be noted that this request to rezone property to the M-1 District is the only option available to the applicants to accomplish what they want to do. There is no other mechanism currently within the zoning regulations that would allow for the creation of an accessory dwelling unit within an existing home and could operate independently as a home for purposes of taking care of an aging parent or someone with a disability or health condition. The Planning Commission could amend the zoning regulations to make accommodation for what is commonly called an "accessory dwelling unit" within a primary structure or with an addition to the primary structure. The Planning Commission would first need to act and direct the Planning Department to complete research and develop a proposal for them to consider in order to consider an amendment to the zoning regulations.

The Public Works Department reviewed this request and is requesting the applicant dedicate 40 feet of right of way along Califomia Avenue. The general land use characteristics of single family and two family developments are compatible in terms of traffic, building scale and size. Generally the two can co-exist with one another with minimal conflict; however, two family residential development generally

Page 3 of 4



makes sense when used as a transitional buffer between single family and slightly more intensive uses such as a moderate density multi-family residential or office uses. In this isolated case, it is not anticipated the proposed reclassification would have a negative impact on neighboring property. As a result, staff is recommending the request be approved.

Ms. Moler asked if anyone had any questions for Mr. Beagle. Mr. Desch stated an addition with a bedroom, bathroom, utility room, etc. could be added to a house without a kitchen. The applicant would be applying for a residential addition building permit. Mr. Beagle agreed. But, if the intent was to create another housekeeping unit, it would be done with a single family dwelling whether independently or attached to an existing home. A kitchen is a primary aspect of a dwelling unit that makes it a dwelling unit. Mr. Desch expressed concem about the duplex remaining once the occupants left. He felt the applicants' home could be modified to do exactly what they want and leave out the kitchen. Mr. Beagle said the applicant wanted to provide a private living space for the parents so they could keep their sense of independence but they would be near for the children to provide assistance when it is needed.

With no additional questions for Mr. Beagle, Ms. Moler called Mr. and Mrs. Smiths to make a presentation.

David and Christine Smith, 8229 SE California Avenue, Berryton, KS 66409. • Want to set something up for their parents and it would also be a place for them in the future. • They have three sons and have talked about one of them moving into their home and they would

then move to the second residence. • The garage idea is basically a way to get to their parents easier and to protect them during

inclement weather. • They also foresee having other family members utilize it.

With no further questions for Mr. and Mrs. Smith and no one to speak in favor or in opposition, Ms. Moler closed the hearing and asked for discussion. There was no discussion. Ms. Moler asked if for two motions: one to advise staff 1o present an amendment to them covering 1his topic in the future and one to consider the request.

Ms. McKenzie moved to approve the rezoning, Mr. Depperschmidt seconded 1he motion. There were no additional questions or discussion. With a vote of 5~1..() (Mr. Desch dissenting), the rezoning was approved.

Ms. McKenzie asked the Planning Department to compile information on how o1her communities deal with accessory dwelling uni1s and provide it 1o 1he Planning Commission for review. Mr. Beagle stated he would put together some information for them to review.

Public Comment on Non~Agenda Planning and Zoning Items: None were indicated.

Discussion of Planning Related Issues:

Ms. Moler stated the Comprehensive Plan would be considered by the County Commission on August 20th at 9 a.m. in the County Commission office. The public would receive notice through the website and the newspaper.

Adjournment:

Ms. McKenzie moved to adjourn, seconded by Mr. McCurry, a unanimous voice vote declared the public hearing be adjourned, which was at 6:50 p.m.

Page 4 of 4

September 24, 2018

To: Board of County Commissioners

From: Sheriff Herman T. Jones

Ref: Service Plan Renewal

Shawnee County Sheriff's Office

Sheriff Herman T. Jones Law Enforcement Center

320 South Kansas Ave., Suite 200 Topeka, Kansas 66603-3641

Phone: 785-368-2200 Fax: 785-368-2344

I will be renewing a service plan for 1 year for CritiCal!, which we use to screen applicants for the Shawnee County Emergency Communications Center.

The cost of this service plan is $1,049.00 and will be paid for out of our 2018 budget

Please place this on your October 1, 2018 Agenda.

Respectfully submitted,

#~ -,..-c_-.-Herman T. Jones Shawnee County heriff

CritiCall CritiCal! Pre-Employment Testing Software 193 Blue Ravine Road, Suite 270

Folsom, CA 95630 Phone· (800) 999-0438

Fa)(. (916) 294--4255 www.criticall911.com

I I I I I I I •••

90 Day Service Plan Renewal Notice -Protectyourlnvestment- SHAWNEE COUNn

This is not an invoice/1?/:J -'1::'1/n"' CONTRACT #.l.~!:ol.lo--.U::~5.!< ~

September 11, 2018

Melanie Bergers Shawnee County Emergency Communications 320 S. Kansas Ave. Topeka, KS 66603

Just a reminder that your Critical! Elite Service Plan expires in 90 days!

We at Biddle Consulting Group, Inc. hope that you have found the CritiCal! software to be a valuable training and assessment tool. As a valued CritiCal! Elite customer, you have received unlimited toll~free phone support, new improved tests, and upgraded features in Critical!. To continue to receive the CritiCal! Elite Customer Service Plan, you will need to renew soon!

Wease Item Description Amountoue One

:A CCEIIte Critical! Elite Service Plan Renewal - One (1) Year $1049 ·--·

D CCEiiteX Critical! Elite Service Plan Renewal- Multiple-Year Renewal Call for Quote (Multiple-Years qualify for a discount)

Note: I' you let your CritiCal/ Elite Service Plan membership expire, the cost oF renewing will be 60% of the current retail price oF a new CritiCal/ system.

You may fax Credit card payment to 916-294-4255

D Purchase Order# ----------------------------

[] Check enclosed (Please make check payable to Biddle Consulting Group, Inc.)

lJ Charge to credit card (check one) 0 Visa 0 Master Card D American Express 0 Discover

Credit Card#-------------------- Expiration Date _ __J

Name as appears on Credit Card ___________________ 3 digit ID #· __ _

Signature--------------------------------

Sincerely,

Howie Pearsol Client Relations Manager Biddle COnsulting Group, Inc (800) 999-0438 ext. 151 [email protected]

·Au prices are quoted in U.S. Dollars

•

ROBERT J. PERRY, ESQ.

MEMORANDUM

?-/..:!2 Jll:'! /c;d• Road PO 1-lr1x 359

-111/Ji!m, Kan.rti,.- %402 [ 'oi(,~- 785/2'!6.2266 CdJ- 785/6-1-0.18-/.2

robn~'joe{f!el!)@.gH~<~ii mm

Commission Agenda: October 4, 2018.

September 27, 2018

TO: Ke"-in Cook, Chairman, Shelly Buhler, Vice Chairman, and Bob Archer, Commissioner

PROM: Bob Perry, Bond Counsel

This Resolution authorizes the defeasance of the Single Family Mortgage Revenue Bonds, 1997 Series A. Pencting the market conditions and circumstances between now and closing, should dosing occur, it: (i) instructs the Trustee to sell securities held in trust and use the proceeds therefrom and cash on hand to pay the Series A Bondholders whose bonds ru:e called for redemption, which upon dosing will effectuate the defeasance and termination of the covenants imposed by the underlying documents; (it) authori7.es the payment of all costs associated therewith; and, ~i1) provides for the payment of any residual amount left to the County and Sedgwick County.

These bonds, under KS..A.. f/2-5228, arc special limited obligations of the County, payable solely from the trust estate pledged to the bondownets, which estate consists of mortgage pa)'IIlcnts and prepayments, mortgage insurance payments, securities acquired 'With such payments and pledged as collateral and earnings thereon. The County is prohibited from, and, cannot be compelled to levy a tax for payment of these bonds.

RESOLUTION NO. 2018- '-f ?'

A RESOLUTION AUTHORIZING THE DEFEASANCE AND REDEMPTION OF THE SEDGWICK COUNTY, KANSAS AND SHAWNEE COUNTY, KANSAS SINGLE FAMILY MORTGAGE REVENUE BONDS (MORTGAGE-BACKED SECURITIES PROGRAM), 1997 SERIES A; AUTHORIZING THE EXECUTION AND DELIVERY OF INSTRUCTIONS RELATING TO SUCH DEFEASANCE AND REDEMPTION AND ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE SALE OF THE SECURITIES ACQUIRED WITH THE PROCEEDS OF SUCH BONDS AND THE PURCHASE OF THE RELATED CUSTODIAL RECEIPT; AND AUTHORIZING THE OFFICERS, EMPLOYEES AND REPRESENTATIVES OF SHAWNEE COUNTY, KANSAS, TO DO AND PERFORM ALL THINGS NECESSARY, APPROPRIATE AND INCIDENTAL THERETO UNDER THE AUTHORITY OF THE ACT.

13 I

RESOLUTION NO. 2013-d!

A RESOLUTION AIITHORIZING THE DEFEASANCE AND REDEMPTION OF THE SEDGWICK COUNTY, KANSAS AND SHAWNEE COUNTY, KANSAS SINGLE FAMILY MORTGAGE REVENUE BONDS (MORTGAGE-BACKED SECURITIES PROGRAM), 1997 SERIES A; AUTHORIZING THE EXECUTION AND DELIVERY OF INSTRUCTIONS RELATING TO SUCH DEFEASANCE AND REDEMPTION AND ALL NECESSARY DOCUMENTS IN CONNECTION WITII THE SALE OF THE SECURITIES ACQUIRED WITH THE PROCEEDS OF SUCII BONDS AND THE PURCIIASE OF THE RELATED CUSTODIAL RECEIPT; AND AUTHORIZING THE OFFICERS, EMPWYEES AND REPRESENTATIVES OF SHAWNEE KANSAS, TO DO AND PERFORM ALL TIIINGS NECESSARY, AND INCIDENTAL THERETO UNDER THE AUTHORITY OF THE

WHEREAS, pursuant to KS.A. 12-5219 et laws of the State of Kansas (the "State"), Shawnee C<>untY: Kansas ("Sedgwick County", together with Mortgage Revenue Bonds (Mor1;ga!:e-Ilacl

WHEREAS, in order to secu~ previously entered into the Trust lndenture,

determined to and redeem aU of Bonds (the "Securities") and purchase the

the Securities, it is necessary for to take certain actions in connection

tec<•ipt, it is necessary for the Issuers to enter into Custodial Receipt; and

distributing certain surplus assets held under the Indenture corrlm•ce with the requirements of Section 143 of the Internal

extending the program relating to the Bonds to additional qualifying mortgagors, it ~11!111~~ vforthe Issuers to take certain actions in lieu offorgiveness with respect to the applicable Mortgage in order to preserve the tax-exempt stab.ts of the Bonds.

NOW, TIIEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF SHAWNEE COUNTY, KANSAS:

Section 1. Definitions. All words and phrases not otherwise defined herein shall have the respective meanings set forth in the [ndenture unless a different meaning clearly appears in context.

Section 2. Authorization of Documents. For the purpose of defeasing and redeeming the Bonds, disposing of the Securities held under the Indenture and purchasing the Custodial Receipts as described in the preamble to this Resolution. the Chairman of the Board of County Commissioners (the

"Chairman") is hereby authorized to execute the following documents, substantially in the forms submitted to this meeting with such changes or amendments thereto as the Chairman shall approve, such officer's execution thereof being conclusive evidence of such approval:

(a) the Irrevocable Instructions to Defease and Redeem Bonds, Sell GNMA Certificates, Purchase Custodial Receipts, and Distribute Surplus Assets, delivered by the Issuers (the "Instructions"); and

(b) the Purchase Agreement for Custodial Receipt among the Issuers and the sole beneficial owner of the Custodial Receipt.

In addition, the Chairman is hereby authorized to execute to take such actions in lieu of forgiveness of the applicable to preserve the tax-exempt status of the Bonds.

such documents as may be necessary l!l<OUDIIIIS as may be necessary in order

Sectioo 3. Furt:ler Autbority. further authorized and directed to (a) execute an~r I!Ild pursuant to the Indenture necessaty or Instructions, the defeasance and redemJP\ Custodial Receipts and the taking (b) do and perform all acts and things

Sectioo 4.

Sectioo 5. for any reason be held to paragraph, clause

(Seal)

AITEST:

Cynthia A. Beck, County Clerk

-2-

officers of the County are hereby

:re<'m'"ts required to be executed and implementation of the

· the purchase of the Loans and

Resolution.

clause or provision of this Resolution shall unenforceability of such section,

of this Resolution.

full force and effect from and after its County. ADOPTED BY THE BOARD OF

Y, ~[AI'fSAS, TillS 4• DAY OF OCIOBER,

Kevin J. Cook, Chainnan

Michele A. Buhler, Vice Chair

Robert E. Archer, Commissioner

•

•

September 26. 2018

TO: Board of County Commissioners

FR: Sheriff Hennan T. Jones

RE: Position Reclassification

Shawnee County Sheriff's Office

Sheriff Herman T. Jones Law Enforcement Center

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

785-251-2200

The Sheriffs Office is seeking approval to reclassify one civilian Property Technician I position wrthin our Crime Scene Investigations Unit (CSIU) to a Property Technician II.

Human Resources has approved the language in the new position description, which includes establishing supervisory oversight of another civilian employee, management of the property stored in CSIU, lead worker expectations and training responsibilities for new employees.

The need to reclassify this position has intensified over the course of the last year and was evaluated by the chain of command for the unit. It was determined that to maximize efficiency of service, the structure of the unit needed to change. The new Property Technician II will ensure the proper management of the property room remains intact now and in the future.

The overall increase in wages and benefits is $4,717.44 (see attached chart) and will be absorbed in the Sheriffs Office budget.

Please place this request on the October 4, 2018 agenda.

Respectfully,

~:2...---....._ Herman T. Jones Shawnee County heriff

(!__ )

•

Annual Pay and Benefits Calculator

Property Technician II- Range 10, Step 17 I

2018 2018

Enter Hourly Pay Rate:l $18.57 1 $20.46

X Annual Hours 2080 2080

=Base salary $38,625.60 $42,556.80 X 209(. for Benefits 1.2 1.2

$46,350.72 $51,068.16

+ $781/month Health InSUrance X 12 Months 9372 9372

$55,722.72 $60,440.16

+$50/vr Ule lnsurance/EAP 50 50 Total salary & Benefits $55,772.72 $60,490.16

~

J) Shawnee County }

Department of Public Works 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66616-2867

765-251-6101 FAX 785-251-4920

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

COUNTY ENGINEER

MEMORANDUM

Date: October I, 2018

To: Board of County Commiss10ners 'L ,..__ From: ThomasF.Flanagan,P.E. ~/Jo /

Interim Director of Public Works

Re: Request Authorization to Solicit Bids for Five (5) Pressure Washers

The Shawnee County Department of Public Works (SCDPW) requests authorization to solicit bids for five (5) commercial grade Pressure Washers for use in the District and Bridge Shops.

-These pressure washers, as described below, are used on a nearly daily basis to wash, clean and maintain trucks and hea·vy eqUlpment used by the Road and Bridge Sections.

• Pressure Washer, 3.5 gpm @ 2000 psi, 230 Volt, 1 Phase 23 amp, 5HP 3400 Baldor motor, belt drive triplex pump, and diesel fired burner, thennostat temp control, high pressure soap mjection, float tank, non-pnewnatic tires, 50' hose, trigger gun and insulated 36" wand, GFCI. With 360 degree pivot reel, 1 00' capacity w/jumper hose, and mounting bracket.

The estimated total costs for the five (5) Pressure Washers, including trade-in of 5 pressure washers is $24,500.00 .

.Funding for request will come from the Public Works Special Machinery (Account No. 27SCOOO /203000000). No detrimental impacts to the budget are expected as a result of the approval of this request.

It is recommended that authorization be granted to the SCDPW to solicit bid<> for the five (5) Pressure Washers.

Your consideration ofthis request JS appreciated.

' E:. Shawnee County I

DATE:

TO:

FROM:

September 28, 2018

Board of County Commissioners

Facilities Maintenance 200 SE ?'h Street

Topeka, KS 66603 (785) 251-4490

Bill Kroll, Facilities Maintenance Director

SUBJECT: Request for utilize contingency funds to pay for repairs to the Elections Office elevator in the amount of $1,247.00

A recent failure of the elevator at the Elections Office revealed that the contacts on two of the main contactors are burnt beyond repair. Attached proposal is to replace the contact points on these two main contactors. Neither Elections or Facilities Maintenance has funds in the operating budgets to cover this expense.

Respectfully,

Bill Kroll Facilities Maintenance Director

MEl TOTAL ELEVATOR SOLUTKINS

ELEVATOR REPAIR PROPOSAL

JOB LOCATION: Shawnee County Elections O.Us

Topeka, Ks 66611

CONTACT NAME: ~B~il:cl K:::r~o::ll __________ _

WORK TYPE: Replace burnt contacts

ELEVATOR: 81816-1

1144 Booth Street Kansas City, KS 66103

www.meielevatorsolutions.com Phone: (816) 221-3778 Fax: (816) 221-4254

:>HAWN££ COUNI l

CONTRACT # (\?/.3 ·J?J(

SUBMITTED TO: Shawnee County Elections PHONE NO:

EMAIL:

PHONE NO: 785-251-4490

FAX: EMAIL: [email protected]

QUOTE#: 189855- Rev 1

We proposE' h!!re by to furnish material and labor-complete in accordance with specifications below, for the total net sum of:

PRICE: One Thousand Two Hundred Forty Seven Dollars $1,247

Payment to be made: Due upon completion; Net 30 days

All material is guaranteed to be as specified. All work to be completed in a workmanlike manner accord ins to standilrd pr.~r;tlces. Any alteration or deviation from specifications below involving extra costs will be e~ecuted only upon written (Jrders, and will become ar. extra charge D'ler and above the estimate. All a11reemer.U

cor.tlr.ger.t upoon strikes, acclder.ts, or delays beyor.d our control. Owner to carry fire, tornado, and other necessilry insurar.~e. Our workers are fully covered by WoBmen's Compensation lnsurilnce. Customer agrees: [i) to submit to a credit !\'View by our credit department as necessary and, if customer Is deemed to be a risk for non-payment by our c~dit department, 11gree to alternate payment terms acceptable by both parties; (ii) to pay for alllabvr and materials referenced in this F'roposal according tc the Terms; (iii) to pay a late charge equal t<l twelve percent (12%) on any unpaid sums due under this Proposill which are not paid accordir~gto

the Terms; (M to pay all costs of collecting ar1y unpaid balance, Including attorney's fees, court costs, filing fees, ar~d all other collectior1 related e~penses incurred by MEl; [v) that all actions, claims or proceedings related to this Proposal shall be mmmenced and maint<lined exdusively in the State of Minnesota; (vi) lrrevocilbl'l

cor~sents to submit to the personal jurisdiction and venue of Minnesota courts; and (vii) to pay all applicable tiiJtes as prescrib~d by law. The validity, conslrutlion and performance of this F'roposJI shall be gov~med by ~nd construed in ~ccordance wilh Minne~ota law.

Leslie Hays

9/4/2018

SCOPE OF WORK TO BE PERFORMED:

MEl Total Elevator Solutions is providing this proposal to replace (6) six burnt mntacts for the wye and delta contactors on elevator number 1 at the Shawnee County Elections,

The above price excludes tax.

The above price includes standard labor, travel, mileage, and ground shipping of the parts,

Please note this proposal is limited to the scope listed above, This does not include trouble calls, or other parts.

Page1of2 PROPOSAL VALID FOR 45 DAYS

MEl TOTAL ELEVATOR SOLUTIONS

Account Manager Contact Info

1144 Booth Street Kansas City, KS 66103

www. meielevatorsolutions.com Phone: (816) 221-3778 Fax: (816) 221-4254

If you should find this proposal act:eptable, please sign and date below, and return to me. If you have any questions about

this proposal please feel free to contact me at 913-225-8024 or [email protected].

Acceptance of Proposal- The above prices, specifications, and conditions are satisfactory- and are hereby accepted. You are authorized to do the work as specified herein. Payment will be made as outlined above.

Authorized Signature to Perform:-------------------------

Date of Acceptance:.-----------

Purchase Order Number:----------- MEl Quote Number: 189855 Rev 1

Page 2 of 2 PROPOSAL VALID FOR 45 DAYS

'

DATE: September 28, 2018

TO: Board of County Commissioners

Shawnee County Facilities Maintenance

200 SE 1" Street Topeka, KS 66603

(785) 251-4490

FROM: Bill Kroll, Facilities Maintenance Director

SUBJECT: Request for approval to extend annual fire alarm system testing and repair contract(# 320-2017) with Heartland Alarms through October 10, 2021.

Courthouse, North Annex, and Maner Conference Center to be paid by Facilities Maintenance. Elections Office paid by Elections. Hea~h Department locations by the Health Department. All other locations paid by Parks and Recreation.

Attached quote maintains 2017-18 pricing for a period of three years.

Respectfully,

Bill Kroll Facilities Maintenance Director

•

SHAWNEE COUNTY CONTRACT NO. c-d-2018

AMENDMENT AND EXTENSION OF SHAWNEE COUNTY CONTRACf No. C320-2017 WITH HEARTLAND ALARMS

THIS CONTRACT is agreed to this day of ______ , 2018, by and

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

(THE COUNTY), and HEARTLAND ALARMS (THE COMPANY).

WHEREAS, the parties previously entered into a contract on October 12, 2017, such

contract being designated as Shawnee County Contract No. C320-2017 and

WHEREAS, the County and the Company now desire to extend the Contract for an

additional three (3) year term;

NOW, THEREFORE, be it resolved that the Contract (Shawnee County Contract No.

C320-2017 be amended as follows:

1. The Contract shall be extended for an additional three (3) year term beginning on

October 11, 2018 and ending on October 10,2021.

2. Except as amended herein, all terms and conditions of Shawnee County Contract

No. C320-2017 shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day

and year first above written.

1

•

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

APPROVED AS TO FORM At"'D LEGALITY BY THE SHAWNEE COUNTY COUNSELOR'S OFFICE

DATE cf·[1·1~ BY--1~-/.Ij,_ ____ _

2

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

To: Bill Kroll,

Heartland Alarms, Inc. 2023 N. Kansas Ave. Topeka, KS 66606 PH. (765) 246-0167 FX. (765) 357-1090

Email: [email protected]

Shawnee County Facilities Maintenance

200 SEth St. Topeka, KS

66603

Re: Fire Alarm Test Price Quote: 9-10-18

Courthouse North Annex Election Office Health Department Health Department Abbott C. C. Central Park C.C Crestview C. C. Garfield C. C. Hillcrest C. C. Lake Shawnee G. C. Maner Conf. Center Midwest Aquatic North C.C. Oakland C. C. Rice C. C. Velma K. Paris C.C.

200 SE J'h 1515 NW Saline 3420 SW VanBuren 2600 East Circle Drive 2115SW10th 1112 SE 10th 1534 SWCiay 4801 Shunga Drive 1600 NE Quincy 1800 SE 21" 4141 SE East Edge Rd. (Expo Grounds} 2201 SW Urish Road 300 NE 43'' 801 NE Poplar 432 SE Nor:wood 6715 SW Westview Rd

Regular Hourly Maintenance Rate: $120.00 Overtime Hourly Maintenance Rate $180.00

PRIVILEGED & CONFIDENTIAL

$650.00 $240.00 $200.00 $450.00 $200.00 $200.00 $200.00 $185.00 $185.00 $200.00 $180.00 $275.00 $250.00 $225.00 $225.00 $185.00 $220.00

The information contained in this electronic document and any attachments thereto may be a legally privileged and confidentiaJ communication intended solely for use by the individual or entity named herein. If the reader of this conJJUunication is not the intended recipient, be hereby notified that any dissemination, distribution or duplication of this information is strictly prohibited. Jf you have received this communication in error, please notify by returned electronic communication and then completely delete this item from your system.

Thank you for your cooperation.

Shawnee I ~ounty "', r '; P.arKs+ ~ recreation September 20,2018

TO:

FROM:

Board of County Commissioners Shawnee County

John E. Knight, Director ~ Parks + Recreation

RE: Professional Development Out-of-State Travel Request

Puroose: Board of Commissioners approval is requested for one (1) employee to attend the March 10-15, 2019, at the Oglebay Resort and Conference Center in Wheeling, West Virginia. The department operating budget will be responsible for all costs associated with this professional development request estimated not to exceed $3,500.

Justification: In 2018, a staff member attended year one of the National Recreation and Park Association revenue management school. Benefits include expanding knowledge on national trends, activity and facility management, revenue versus expenses, and taking a balanced business approach to operations. In order to maximize the opportunity and implementation of practices, P+R recommends that staff member attend year two of the school. Session topics include Strategic Planning, Design for Maximizing Revenue, Project Business Plans, Media and Public Relations, Financial Sustainabihty, and Creating Value through Innovation.

NRP A is offering a limited number of scholarships to returning attendees and if awarded may result in a savings of $1,725 with the department responsible for food and travel expenses. Staff intends to apply for the scholarship. If not awarded a scholarship, the department would be responsible for the conference, lodging, food and travel per diem reimbursements pursuant to Home Rule Resolution HR-2008-11 for this out-of-state travel request.

JEK!blt LRK/OCM Attachments

parks.snco.us

• 3137 SE 29th Street • Topeka, KS G6605 • (785) 251·6800

'

Shawnee 1 <2ounty "-' ~ , f;

P.arKS+ '!. recreation September 20, 2018

TO:

FROM:


John E. Knight, DirectorJ.v Parks + Recreation


Puroose: Board of Commissioners approval is requested for one (1) employee to attend the National Alliance of Youth Sports Congress (NAYS), held in New Orleans, LA, November 7-10, 2018. The department operating budget will be responsible for all costs associated with this professional development request estimated not to exceed $2,250.

Justification: The 17th annual NAYS Congress is a four-day comprehensive educational experience designed specifically for youth sports administrators. Participation includes the congress, Athletic Business Show, and earning the Certified Youth Sports Administrator (CYSA) credentials.

NAYS offers those who have yet to earn their certification in youth sports the opportunity to attend Special Onsite NAYS Academy for Youth Sports Administrators simultaneously. The CYSA credential brings more prestige and leadership potential to the role of Youth Sports Manager for Shawnee County Parks+ Recreation.

The Parks + Recreation Master Plan identified areas the department needs to focus on as it strives to be a best-practice agency. The department recognizes how important it is to maintain first-class facilities and more importantly safe recreational programming throughout youth sports which have a positive influence on families not only living but visiting Shawnee County. Providing a positive sports environment has an economic impact throughout the county as well.

The department would be responsible for the conference, lodging, food and travel per diem reimbursements pursuant to Home Rule Resolution HR-2008-11 for this out-of-state travel request.

JEK!blt DM!OCM Attachments

parks.snco.us

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

Shawnee I s;ounty "' ~ r '; P.arKs+ -! recreation September 20,2018

TO:

FROM:


John E. Knight, Director\\ , Parks + Recreation ~


Purnose: Board of Commissioners approval is requested for one (1) employee to attend the 2019 Cartegraph National Conference, April 29 - May 3 in Denver, Colorado. The department operating budget will be responsible for all costs associated with this professional development request estimated not to exceed $2,540.

Justification: In 2016, the department implemented and began using Cartegraph's OMS (operations management system) software. Since then, use of the system has expanded and is becoming a key component for monitoring operations and asset management. During the past two years staff was approved to attend and even present at Carte graph Midwest user conferences. Both experiences provide for new perspectives on how other agencies are using Cartegraph and what could be applied to benefit our current system.

The department use continues to expand but it is extremely important to network both regionally and nationally as is the case with Jackson County, Missouri. It is not only for parks and recreation but public works which will afford the opportunity to improve the system and better gauge where SCP+R stands as a benchmark.

In addition, by including the admin certification package to the conference registration will save Shawnee County five percent on SCP+R annual fees through April30, 2020, upon completion of the courses. The conference schedule includes over fifty sessions in addition to one-on-one training from Carte graph staff. The department would be responsible for the conference, lodging, food and travel per diem reimbursements pursuant to Home Rule Resolution HR-2008-11 for this out-of-state travel request.

JEK/blt JL/OCM Attachments

parks.snco.us

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

Shawneel£o~ty '', rt' P.arKS+ -! recreation September 20, 2018

TO:

PROM:

Board of Commissioners Shawnee County

John E. Knight, Director \.. Parks+ Recreation .J'

RE: Agreement- Easterseals Capper Foundation (Pumpkin Palooza Event) Outdoor Adventure Division- Community Events

Purpose: Board of Conunissioners authorization and execution on the attached agreement between the Easterseals Capper Foundation and Shawnee County. The agreement sets out the conditions tOr the 2018 Pumpkin Palooza activities on October 13 at Lake Shawnee. Expenses are offset by a special event fee and a donation to the Shawnee County Parks and Recreation Foundation totaling $550.

Justificati_gn: This agreement serves as one example of five (5) from the Master Plan that suggest cooperating with partners to manage events. Easterseals Capper Foundation is considered an operational partner that supports Parks -1- Recreation's efforts to maintain facilities and assets, promote park usage and amenities, support site needs, provide programs or events, and/or maintain the integrity of natural/cultural resources through in-kind labor, equipment, or materials.

This event celebrates everything pumpkin lOr those attending but more importantly il supports Easterseals Capper Foundation's quest to help change the way people in the world view persons with disabilities.

JEK!bll so Attachment

parks.snco.us


SHAWNEE COUNTY CONTRACT NO. C .3 [g"- ;}Of g/

CAPPER FOUNDATION AGRF:EMENT FOR USAGE OF LAKE SHAWNEE FACILITIES AND PARKLAND

THIS AGREEMENT is entered into this ____ day of __ _ , 2018, by and

beW.'een The Board of County Commissioners of the County of Shawnee, a duly organized

municipal corporation, hereinafter referred to as "County," and the Easterseals Capper Foundation 1

hereinaflcr referred to as "Organizer."

WHEREAS, the County is the owner of Lake Sha-wnee and operates the public park and

facilities located therein for lhe recreational use by the public and patrons of the park; and

\VHEREAS, it would be of mutual benefit to the parties that certain rights, privileges and

covenants be granted by the County to the Organizer in exchange for the consideration to be paid for

services rendered by the Organizer for said rights, privileges and covenants, as they are hereinafter set

forth; and

WHEREAS, Lhe Organizer wishes to conduct the Pumpkin Palooza, Saturday, October 13,

2018, hereinafter referred to as "Event" at Lake Shawnee; and

WHEREAS, Shawnee County Parks + Recreation hereinafter referred to as the "Department"

shall be the department responsible for carrying out the responsibilities of the County; and

WHEREAS, the County and Organizer, hereinafter referred to as the "Parties" wish to set out

terms and conditions regarding the Event; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties

agree as follows:

I. EVENT DATE. The date ol"the Event shall be October 13,2018.

2. TER.l\1[. This Agreement shall be effective from the date written above. Either party may

terminate this Agreement before October 1, 2018, without cause providing ten (1 0) days written notice

to the other party. Any violation of the terms of this Agreement shall be grounds for immediate

termination of this Agreement. In the event this Agreement is terminated for any reason, the Organizer

1

shall forfeit any financial commitment made prior to the termination. In addition, Lhe INSURANCE

AND lNDErvrNIFICA TION provisions of this Agreement shall survive the termination of this

Agreement.

3. LOCATION. The County does hereby assign to lhe Organizer the use of Lake Shawnee

as outlined in Attachment A (Site Plan) for the Event detailed herein for the date of October 13, 2018.

The mutually agreed upon site, hereinafter referred to as the "Premises" includes but is not limited to the

Lake Shawnee northeast cove south and east of the Adventure Cove and surrounding park open space

(Event site), the Rettis Family Sports Complex parking lot or the grass area south of the entmnce at

Croco Road and East Edge (parking/lraffic), Shelter #4 and Shelter #5 (pancake feed, motorcycle

parking and activities).

4. USE OF PREMISES. The Parties agree that Lake Shawnee parkland is a public entity

first and foremost for the public enjoyment and use. Parties shall coordinate Event related scheduling,

park and equipment usage, traffic routes, weather and pl~blic safety plans, income/expenses, volunteer

and staff duties, and those requirements stated herein.

a) The Premises shall be used for Event related activities as listed below:

• October 12 Vendor/Site Prep in open space after 3:00 p.m.

• October 13 Prep/breakfast/shelter activities 7:00 a.m.-10:30 a.m.

• October 13 Pumpkin Palooza activities 10:30 a.m.-5:30p.m.

• October 13 Vendor/Event Conclusion 5:30-8:00 p.m.

b) Conclusion shall mean end of Event and vendor activities with removal of

vendors and Event equipment and related materials by 8:00p.m.

5. RESPONSIHILTTIES OF THE COUNTY:

a) ln accordance with County Code, Chapter 21, Art II. Sec 21-55, Special Uses of

the Parks, the County does hereby grant the Organizer permission to host the Event at the

Premises to allow temporary structures and activities in relation to the Use of Premises and site

plan detailed in Attachmenl A

b) In accordance with County Code, Chapter 26, Art II. Sec 26-52, Barricade Policy,

the County grants permission to temporarily limit vehicular traffic in the Swim Beach Parking

2

lot and areas listed under Location except for Event and emergency vehicles during scheduled

activities. Temporary cones or barricades may be placed in relation to the site plan.

c) Provide one (1) Department liaison for monitoring the Event.

1. Park Police patrol parklands betv.:een 8:00 a.m. and ll :00 p.m. Any

additional site or vendor security between 11 :00 p.m. and 8:00 a.m. shall be

coordinated with Mike Cope, Park Police Chief, 785-251-2631.

11. Department shall provide oversight of OrganiLer's plans and operations

prior and during execution of this Agreement.

d) Department shall perform maintenance necessary and provide Lake Shawnee

parklands in a safe and useable condition. The County shall bear all costs and expenses related

to such maintenance guided by Department standards prior to the Event.

e) The County will provide utilities (if existing) and refuse service during and at the

Event conclusion.

f) Provide the Organizer fifteen ( 15) trash receptacles, one (1) tmsh dumpster,

twenty (20) fence posts, flagging tape around the catapult, tw'o (2) paddle boats, and six (6)

PFDs to utilize at the Evenl.

g) In relation Lo Public safety, the County reserves lhe right to postpone or cancel the

Event due to inclement weather or other reasonable cause.

6. RESPONSIBILITIES OF ORGANIZER: The Event is defined as 'The Pumpkin

Palooza' point of admission, designated parking areas which support Organizer activities, and include

preparation through conclusion operations for the times and dates set forth in this agreement.

a) Produce a family oriented Event designed to capture community interest and

media attention. Spectators are provided free access into the .Event site.

b) Organizer is responsible for any and all equipment and duties concerning Event

preparations through conclusion not provided by the County such as but not limited to a public

address system, banner::-;, signage, electricity, temporary tents or canopies, vending and

entertainment operations.

L Provide a minimum of hvo (2) portable restroom units with one (1) being

handicap accessible.

ii. Organizer shall not obstruct or deface the Lake Shawnee Trail.

c) Marketing and Advertising:

3

1. Organizer shall provide all media campaigns, announcements and signage.

11. Organizer shall identify Lake Shawnee, Topeka, Kansas, and utilize if so

desired, the Department name and logo without alteration in all media advertising

at no cost to the County. Any usc of the logo must follow Department guidelines

by maintaining colors and minimum sizes. The logo may be secured by

contacting the Communications and Public Information Supervisor.

111. Provide Department staff access to photograph for promotional purposes

and monitor activities associated with the Event

IV. Organizer shall obtain prior Department approval of all sponsors displays

or advertising at the Event site which shall follow Department guidelines.

d) Agrees to not use or occupy the Premises in any manner deemed hazardous or for

any unlawful purpose. Organizer and Vendors shall comply with all federal and State of Kansas

laws and regulations, Shawnee County resolulions and any applicable Department standards,

policies or facility guidelines. Organizer shall provide after consulting with Department staff on

an Emergency Action Plan (EAP) should such need arise due to weather, safety, or any other

matter deemed necessary and pertinent to the Event.

e) Provide volunteers for Event management including but not limited to parking,

traffic and litter control, enforcing standards and safety. Organizer agrees to cooperate by

following the Department Volunteer Policy abiding by the standards tOr volunteer accountability

and recording of such details.

f) Organizer may contract with one {l) or more vendors or entities to provide

concessiOn operations, promotional or commemorative items, and entertainment services in

connection with the Event as set forth in Use of Premises above. The contracts or agreements,

sale of any such services and products shall be in accordance with applicable Federal, State and

Local Laws or Regulations.

1. All vendors shall comply with the Department exclusive licensing

agreement with Pepsi-Cola Bottling Co. of Topeka.

11. Organizer shall provide utility connections at the Premises as needed only

after securing authorized clearance not to disrupt any public utilities or parkland.

iii. Organizer shall provide all signage, safety equipment and Event materials

for volunteers assisting with tmflic control and operations.

4

g) Organizer shall be responsible for fees or permits mutually agreed upon by Parties

to provide the Event.

h) Organizer shall be respomible for additional clean up throughout the Event area if

applicable of products used pertaining to the Event.

i) Organizer shall reimburse the County for any additional damages to property or

facilities related to the Event. Invoice(s) of repairs and services shall be provided by the

Department within thirty {30) days.

7. ALTERATIONS AND IMPROVEMENTS. Organizer shall not make alterations,

improvements, repairs and maintenance on or at the Event site without prior written Department

approval. The parklands and facilities shall be returned to original condition and remain County property

after the end of the Event, subject to the terms of the paragraph(s) following:

a) County assumes no liability for the acts of the Organizer performed during the

term of this Agreement.

b) The parties acknowledge and agree in writing upon what assets and property

placed or located at the Event shall be removed. All personal property brought unto or placed at

the Event by the Organizer or volunteers shall be at their own risk, and the County shall not be

liable for damages, theft, or by any other acts.

8. INSURANCE. The Organizer shall provide and maintain, at its expense, general liability

insurance with a good and solvent insurance company or companies licensed to do business in the State

of Kansas in the amount of at least One Million Dollars and No/100 ($1,000,000.00) with respect to

injury or dealh to any one person and One Million Dollars and No/ I 00 ($1,000,000.00) with respect to

damages lo property. The certificate shall contain a provision that coverage afforded under the policy

shall not be cancelled unless at least thirty (30) days prior written notice has been given to County. The

certificate of insurance shall name County as the certificate holder and as additional insured shall be

provided to County prior to October 6.

9. FINANCIALS.

a) Organizer shall pay a $500 Special Event Fee (non-refundable) by October 12,

20lS. Payable to the Department at the location stated in paragraph 16.

b) Participant fees and Event proceeds shall become property of the Organizer.

5

The Shawnee County Parks -1- Recreation Master Plan provided details of utilizing cost recovery

associated with events, maintaining standards and park usage not directly related to facility rentals. In

meeting those requirements, the Organizer agrees to the following:

c) ln addition to the Special Ilvent Fee (9.a), a donation shall be given to the

Shawnee County Parks and Recreation Foundation (SCPRF), a 50l(e)(3) non-profit

organization, which has been granted permission to fundraise per Contract COS0-2017. A

donation commitment of no less than Fifty Dollars and No/100 ($50.00) shall be made by

November 2, 2018. The donation is deposited into the Facilities and Programs Fund for future

enhancements to be determined by the SCPHF board.

SCPRF address: 1800 SF. 21~1 Street, Topeka, KS 66607

10. INDEMNIFICATION. The Organizer covenants and agrees to indemnify, protect,

defend, and save County harmless from and against any and all claims, demands, liabilities, and costs,

including reasonable attorney's fees, arising [rom damage or injury, actual or claimed, of whatsoever

kind or character, to property or persons occurring or allegedly occurring in, on, or about the Premises,

or arising as a result of the Event or any other use thereof or program operated therefrom by the

Organizer and from all costs and expenses related thereto. Upon notice from County, Organizer shall

dcft:nd County in any action or proceeding brought Lhereon.

11. NON-DISCRIMINATION. Organizer agrees to not unlawfully discriminate against any

person because of race, religion, creed, color, age, sex, disability, national origin, or ancestry in the

admission or access to, or treatment in, any programs, activities, or events.

12. SURREN""DER; WASTE. Nothing contained herein shall be construed to hold or to

make County a partner, joint venturer, or associate of Organizer, and neither party shall be deemed the

agent of the other, it being expressly understood and agreed that the relationship between the parties

hereto is and shall at all time remain contractual as provided by the terms and conditions of this

Agreement.

13. LIENS. Organizer shall keep the Premises free from any and all liens arising out of any

work performed, materials furnished, or obligations incurred by Organizer during the term of this

Agreement or any extension thereof. Organizer may not obtain ownership of or exclusionary rights in

6

the Premises, improvements or facilities of the Premises regardles~ of any financial investment it may

make in their development.

L 4. W AlVER. Failure of either party to complain of any act or omission on the part of the

other party, no matter how long the same may continue, shall nut be deemed to be a waiver by said party

of any of said party's rights hereunder. No waiver by any party at any time, expressed or implied, of any

breach of any provision of this Agreement shall be deemed a waiver of breach of any other provision of

this Agreement or a consent to any subsequent breach of the same or any other provision. If any action

by either party shall require the consent and approval of the other party, the other party's consent to or

approval of such action on any one occasion shall not be deemed to be a consent to or approval of said

action on any subsequent occasion. Any and all rights and remedies which either parly may have under

this agreement, upon any breach, shall be distinct, separate and cumulative and shall not be deemed

inconsistent with each other; and no one of them, whether exercised by said party or not, shall be

deemed to be an exclusion of any other.

15. SEVERABILITY. The provisions of this agreement are severable. In the event any

paragraph or portion of the agreement is declared illegal or unenforceable, the remainder of the

agreement shall remain in effect and binding upon parties.

16. NOTICE. Any notice by either party to the other shall be in writing and shall be deemed

to be given only if delivered personally or mailed by registered/certified mail as follows:

County:

Mr. John E. Knight

Shav.nee County Parks +Recreation

3137 SE 29ili Street

Topeka, KS 66605

Organizer:

Ms. Edie Smith

Easterseals Capper Foundation

3500 SW lOth Avenue

Topeka, KS 66606

17. ENTIRE AGREEMENT. The Contract Provisions Attachment (CPA), attached to this

agreement, is incorporated by reference and made a part of this Agreement. Together, this Agreement,

Attachment A and CPA represents the entire agreement and understanding between Organizer and the

County. No terms, conditions, course of perlOrmance, usage of trade, understandings, or agreements

purporting lo modify, supplement, or explain any provision of this Agreement shall be effective unless

in writing, signed by representatives of both parties authorized to amend the Agreement.

7

Hy signing this Agreement, the Organizer representative hereby represents thal he or she is duly

authorized by Eastersea[s Capper Foundation to execute this Agreement on its behalf, and that the

Eastersea[s Capper Foundation agrees to be bound by the provisions hereof.

IN WITNESS THEREOF, the parties have hereto executed this agreement as of the day and

year firsl above writlen.

(Signature Page Follows)

8

EASTERSEALS CAPPER FOUNDATION

~ Edie Smith, V .P. Development

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS


ATTEST:

Cynthia A Beck, Shawnee Cotuity Clerk

9

Approved as 10 Legally

and Form: IJa:l:;;' ~ · ASST. CO. CO LOR

'

Property S~rch Page I ofl

+

a io • .,. 3!l.Ol0SS·!>S.6tl3~ Oeort.,

h1tp://gis,snco:uslpublicgis/PS/ 5118/2018

Re~. 09/2013 ATTACIIMEI'lTTO

SW. W!;"EE COUNTY COmRACT c.·.~~~-

CONTRACTUAl. fRoyiSJONS AlTACHMENT Th.e undernigned parties agree that the following provisions are hereby inwrporated into the cmtlr.lct to which it i.s attached and made a part thereof, said wntntct being dated the _ _ ____ day af -~~~~~~~~ 20_.

I. TERMS HEREIN CONJ!WLLING PROVISIONS. I! is cxpr<:ssly agreed that the terms of each iiiid every provision ill Chis attachment slulll prevail aorl oolltml over the terms of any other conflicting provision m any r:>thet rlocumer:>t relating ro and a pari of lhe ootttract In which this attachment is ili(:()JJ!oratcd.

2, AGK£!Wp!f WITH KANSAS LAW. lt is agreed by and betweeo the undersigned that all dtsputcs 1111d matters wbalsc>eveT uris1Pg urul.,-, ill tC>DDcction with Ql" inddcntto this contract sball be litigated. ifni aU, rn and before a Court located ill the State ()f Ka!lliii.S, U.S.A, t<J the e~dtJSion of lhe Couro; of lillY Qther states or count!)'. All contmctual H&fei'!Jlertl5 shall be suhject to, g(ll'crned by, and construed according to the laws o!'the State of Kansas.

3. TERMINATION U!lE TO LACK OF J7UNDING APPROPRIATION. Shaw:tlcc CQunty lS subj~d to the Kar:>sas Ca,1t Dasis Law, K.S.A. JQ.i 101 et $eg. lf, w the jodgmwt of the hnaocial Administrator, Audit-Finance Office, sufficient filnd! are not appt11priated In coctinue the functio~ perfooned in this agreement and f(IT" the payment "f the cltarg,es hereunMr, County may terminate this agreement at the end ofits c\IITent fi.Kal year. C<tunty agrees to give wrifum notice ofte.mination to C(mlrllctor at lo::a.st thirty (30) days prior !Q the end of j(, current fiscal year. ln ilie evmt this a&r«ment is tellllinatcd pur:;uant to IJti~ p"r".-;ra_ph, C<Junty will pay ll.J the ronlrllctor all regular oontrnctual P"J'Dl=b m•Cltr-.l'ld through the tmd of such fiscal year. The temrinati001 of the contract pliTSUflllt to this paragraph shall not ~IolSe any pecalty to be clrnrgo:d to the County or the oontm:lur.

4_ DISCLAIMER OF LIABIUIX. Neither the County of Shawnee nor any department lhere<tf sbaU bold l!armkss QT indemnifY any contrnctor for any liability whatsoever.

5. ANTt-DISCRIMI~ATIQN CW.USI!:. The contnctor agreco: (a) tQ rumply with lh~ Kansas Act Ag.ainst Discrimination (K.S.A. 44-1001 er seq.) and lh~ Kanoa~ Age Discriminati-on in Employmem Act, (K.SA 44· llll el seq.) aru:l tlle a~>plicabl~ pmvisin!l!i of th~ Amerkans With Disnbilitie> Act (42 II_S c. 12101 ~~ seq.) {ADA] and ro not d"'cri:rniimte ag;omst ;ony p~twn ht':CaLL<e of me~, religion, colm, se><, de;;obility, nOtll:mul migin Dr ancesll}', or a~e in tim adrni~'ion t>f access 00 or treatment or employment in, its programs or activities; (h) to include in ~II oo\witatimrn or adverttsements for e.nplo~ees, the phrase "equal opportunity employer'"; (c) to comply with the reporti,lg requiretnents set out in K.S.A. 44-IOJI und K.S.A. 44-1116; (tl) to include those provisions in every subcontract or pi.UrtliiSe o:del" so that they are binding upon such subcontractor or vendor; (c) thEit a failure [Q

CQmply with the JepOrtirlg requirtments of{c) ab(ll'e oc if the CQD!ractor is fmmd guilty of any Violation of such acts by the Kansas Human Rights Commission, SllCh violatian shall constitute a bn:neb ofoontmct; (f) if the co"trncting agency determines tiJat the oontractor bas violntcd appllcable provisioru; of ADA, that violation shall constitute a breach of CQDtrud; (g) if (e) or (f) oc:CUJS, the CQntract may he cancelled, lctmina!cd or su~pew.led in whole orin part by the Collrlty. Parties to thls coo!ru<Jt ruui<m!lam't tbat subsections (b) through (e) of this pal<lgrnph nnmber 5 are not applicable to a CQotroc:tor whr> employ>: fewer than fuur employees or w~ose contract with t~e Cr>unty totals $5,000 or less durin& Ibis fiscal year.

6_ ACC~PTANC!l Of CONJRACT. 1hi:i ccmtract shall O()t be considered acc"Pted, approved or othawise effective until the re'luired npprovuls and certific.atioos have been given and this is Slgncil by the Board of Ccmnty Commissioners of the County of Slulwru.:e, Kan:iak.

1. Atw!l"Rr!.TI0:-1, DAMAGES. WARRANTIES. Notwithstanding an~ language to tbe CODinny. co int"'JlrellltiOII ~ball be nlklwed to find the County has agreed to binding arbitmliou., or the payment of damages or penalties upon the occurrence <tf a oontingen"Y· Flnther, the County shan not a~ m Jl'IY attorney tees and late: paymeut ~harges; and no provisions will be given effect whicl! attempts to e:tclude, IUOJdJ.i'y, disdaJm or otherwise attempt to limit implied wammties of mm:ban!Bt>ility and f"rtncss for a partiCillar purpm;e.

8. Rl;rRES[ijN1ATIVE'S AUTHORITY TO CONT:Rit.fT_ By signing this document, the representative: of the controctor tht'l"eby rqJrescnts that such person is duly aulhorized by the contlactor to e~ecute tltis document on heb.alfoftbe cQlltractor and that tbe ooutrndor agrees to be bound by tha provisions there-of.

9. REsrONSl!J!LlTY J:'OR TAXES- The Ccllllty sbaU not be vespoosible for, nor indcmrufY a cootractor for, ~ny fedcr:al, Stille or local 1axc1; which ma~ be imposed or levied upao llie subject matt~r <>ftlris conD"liCt.

11J. t~·suRANCE. The County sbaU oot be requu-ed to purcbase, any insurnn.:e against loss or damage to any pcrsocal property to whicb this conlraot rel.a!~, nm shall this 'on tract require the CoWity to e:~tablish a ··self-insuronce"' ftmd to proteo:t against any such loss or damage Subjoct to the provisio;ns of the Kansas Tort Claims Act (K.S.A. 7~ 6101 et ~eg.J, the vendm Qr lesoor shall bear the risk of Ill!.~ loss or damage to any p..,-,;(lllal property to which vm.dor or lessor hoi~ titl<:,

BOARU OF COUNTY COMMIS."ilONERS SHAWNEE COUNTY, KANSAS


Date:

ATTEST:

Cynthi:l A. Beck, SbniVIIee County Clerk

Shawnee 1 ~ounty "-', , f; f!3rKS+ ~ recreation September 20,2018

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Director\\ Parks + Recreation ....J Rueger Park Project Bid Results and Agreement Brown Midwest Commercial Contracting Outdoor Adventure- Sports

Purpose: Board of Commissioners approval is requested on the attached agreement with Brown Midwest Commercial Contracting for field improvements at Rueger Complex. The agreement and Q#041-18 defines the project and funding of$94,796.10 specified to come from the Capital Maintenance (3R) Fund.

Justification: On April 30, 2018, the Board of County Commissioners approved Parks + Recreation's project proposal request to improve Rueger Softball Complex per Shawnee County Purchasing Policy. The Request for Qualifications submitted by Brown Midwest Commercial Contracting was the lowest and most responsive bidder and thus recommended for the project and a subsequent agreement included. Total bid results from three bidders are listed below and detailed on the attached Tabulation of Bids pages.

Midwest Laser Leveling Perfect Play Fields Brown Midwest Commercial Construction

Total Bid S104,700.00 $124,455.00 $94,796.10

The project will improve playing conditions on the fields for not only local participants but tournaments as well bringing the infield playing surfaces up to championship level play. Infields will be enlarged, graded, resurfaced, irrigation replaced, new batter's boxes and base equipment to accommodate new requirements. With the ever changing technology of equipment and sanctioning bodies adjusting their requirements, these are improvements that make the game safer for everyone and these fields will now accommodate varying levels of play from youth to adult.

JEK/blt SO/DT Attachments

parks.snco.us


I nit-

::;HAWNEE COUNT\' CONTRACT#. C:319-Qpft

DocumentA1of· -2017 Standard Form of Agreement Between Owner and Contractor whete the basis of payment is a stipulated Sum ·

AGREEMENT made as ofrh 10 day of September in the year20l8 (ln. words, indicaJe day, month and year.)

BETWEEN the Owner: (Nmne, /egahtaJW, address and other information

The Board of County Commissioners of the County of Shawnee, Kansas 200 SE 7th St., Room 201

Topeka, Kansas 66603

and the Contractor: (Name, legal status, address and other information)

Brown Midwest Commercial Consrruction P.O. Box 14004 Lenexa, Kansas 66285

or the following Project: (Name, location and dtUailed description)

R11eger Softball Compl¢x 2'801 S. Kansas Ave. Topeka, Kansas: 66 J 11

The Architect (Name. legal status, address and other information)

NIA

The Owner and Contractor agree as follows.

ADDmoNS AND DELETIONS: The author of this d~X~Ument has added infurrn.Uon needed for Its -~pletion. The author may alSo !lave reviled me leXI of the origin& I /JJA starldard fonn. All AcJcJiiJons and DMBtions Reporl that notes added lnformetJon u well A$ tevislona to the standard form text IS aWillable fr'Om tile author and shOl.lld be reviev*f. A vertical line In~ left mar:gin of this document indicates wflere the author has added n8oess{lry infonnalioo and where the liluthor has added to or deleted from the ar1gfna1 AlA teKt.

Th.J~ ~ment has important legal 9JI')Se(luenc:e&. CortaUftation with an attorneY is ~1111ged wllh ~ to its- completion or mOdification.

The parties shoolct complet& At01 m-2017, Exhibit A, lnatuance and Bonds, conlempor~~neoualy with this Agreement. AlA Oocl.lnlint A2<11 ""-2017, General Condrtions of the Contract for Construction, Is adopted in this document by

reference. Do not use with ott1er general condition! unless this d<looment is modified.

1

.....

TABLE OF ARTICLES

THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRAcT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

~IBif A INSURANCE AND BONOS

ARTICLE 1 THE CONTRACT DOCUMENTS "I:he Contract Documents consis[ of this Agreement, Conditions-ofthe-contract (General, Supplementary, and- other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in-this Agreement, and Modifications issued after ex.ecution of this Agreement, all of whiCh form the Contract, and are as fully a pan Of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations. or agreements., either written or oral. An enumeration of tile Contract Documents, other than a Modification, appears in Arti.c;le 9.

ARTICLE 2 THE WORK OF THIS CONTRACT The. Contrnctor shall fully exe(;ute the Work described in the ContraCt Documents, except as spe<:ificO)Iy indi<l!olt«! in the Contract Documents to be lhe responsibility of others.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the WQik: shall be: (Checlc one of the following boxes.)

[ 1 The date oftbis Agreement.

[ X ] A date set forth in a notice to proceed issued by the Owner.

[ J Established a:s follows: (lmert a dale OF a mearu w determine the date. of commencemenJ oft he Work)

If a dare of Commencement of the Work is not selected. then the date of commencement shall be the date-of this AgreemenL

§ 3.2 The Contract Time shalt be measured from the date of commencement of the WOrk.

§ 3.-3 Substaritial Completion § 3.3.1 Subject to adjustments of the Contract Time as-provided in the Contract Documents, tbe Contractor shall achieve Substantial Completion of the entire Work:

2

In~

(Check one of/he follCJWing boxes iJnd complete the necessary i'nformation.)

[X J Not later than 90 (Ninety ) calendar days from the ®e ofc!)mmen.cepu:nt oftlie Work.

{ 1 By -the folltJwing date:

§3.3.2 Subject to agjUStJ:nents oftbe:Cootract Time as provided in the Contract Docwnents, if portions Oftht Work are to be completed prior to Substantial Completion ofihe en1ire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:

Portion of Work Substantial C(:lmplatlon Date

§ 3.3.3-Jfthe Contractor fails to achieve Substantial Completion .as provided in this s·ection 3.3,liquidated damages, if any, shall be assessed as set forth in Section 4.5. -

ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in CtJrrent funds for the Contractor•s perfomuinct Of the COntract. The Contract Sum shall be $94,796.10 Ninety Fow- Thousand Seven Hudred Ninety Six Dollars and lQ/100, subject to additions and deductions as provided in the Contract Documents.

§ 4J Alternates § 4.2.1 Alternates, if any, included in the Contract ~Urn:

Item Price

§ 4.:2..2 Subject to the conditions noted below, the following alterilates may be-accepted by the ·Owner following execution of Ibis Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions. thai must be met for the Owner to accept the altentate.)

Item

§ 4.3 Allowances, if any, included in the Contract Sum: (identify each allowance.)

Item Price

§ 4.4 Unit prices, if any:

Price Condltlons for Acce~

(identify the item and state the unit price and quantity limitations, if atry; to which the unit ptfcewiiJ be applieafit?.)

Item Units lind- Limitations

§ 4.5 Liquidated damages, ifany: (liJSerJ terms and conditionsfw liquidated damages. if any.)

$100.00-PerDay

§U<ltluoc

Pri"' poi Unit 1$0.00)

(lnurt provisions jOt' bonus or orher incenti\les. if any, that might result in o change to the. Contract Sum.)

3

ltlil

ARTICLE 5 PAYMENTS §5.1 Progress Payments § 5.1.1 Based upon ApplicatiQns for Payment submitted to the Owner by the ContraclOr, the Owner Shall make progress payments on account of the Contract Sum to the Contractor .as provided below and elsewhere "in the -Contract Docwnmts.

§ 5.1;2The period covered by each Application for Payment shall be one calendar month ending on the last day of the .month, or as follows:

§5.1.3 Provided that an Application fur Payment is received by the Owner n·ot later tliaiJ the First day of a month, the Owner shall make payment oft he amount certified to the Contractor not later than the Last day oftbe month. I fan Application for Payment is received by the Owner after the application date fixed above, payment of the amount certified shall be made by the OWYler not later than Thirty ( 30 ) days after the Owner receives the Application for Payment. (Federal, slate or locallaw3 may require payment within a certain period of time.)

§ 5,1.4 Each Application for Payment shall be based on the moot recent scheduk of values submitted by the C<lntractor in accordance with the Contract Documents. The schedule ofvalues shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such fonn, and supported by such data to substantiate its accuracy, as the Ow11er may require. This schedule of values shall be U.'ied as a basis for reviewing the Conlmctor's Applications for Paymet~t.

§ 5.1.5 Applications for Payment shall show the percentage of completio11 of each portion of the Work as oftbe end of the period covered by the Application for Payment

§ 5.1.6 In accordance \\lith AlA Document A201TN..2017, General Conditions of the Contril.ct for GonstructioJY ·and subject to other provisions of the Conttacr Documents, the amount of each progress payment shall be computed as follfiws;

§ 5.1.6.1 The amoWlt of each progress payment shall first include: .1 That portion oflhe Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably

stored at the site for subsequent incorporation in the completed construction, or, if approv¢ in advance by the Owner, suitably stored off the site at a location agreed upon in wriling; and

.3 That portion of Construction Change Directives that the O-wner determines. in the Architect's professional judgment, to be reasonably justified.

§ 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner, ,2 The amount,. if any, for Work that remains uncorrected and for which the Owner has previously

withheld a Certificate for Payment as provided in Article 9 of AlA Document A201-2017; .·3 Any amount for whicll the Contractor does not intend to pay a Subcontractor or material supplier,

unless the Work has been performed by others the Contractor intends to pay; .4 Far Work performed or defects discovered since the last payment application, any amount for which

the Owner may withhold payment, or nullify a Certifica1e of Payment in whole or in part, as provided in Article 9 ofAlA Document A201-2017; and

.5 Retainage withheld pursuant to Section 5. l . 7.

§U7Retalnage § 5.1.7.1 For each progress payment made prior to Subsumtial Completion oftbe Work, the Owner may withhold the: foUowing wnount, as retainage, from the payment otherwise due; (lruert a percentage or amount to be withheld as retainage from each Application for Payment. 1'/le amount of retainage may 172 lim ired by governing low.)

5%

fnll

I

§ 5.1._7.1.-1 The following items are not subject to retainage: {fmert any Items not subject to the wfthholdi!tg t;>fretdinage. such as general cl:mditiotis, insurance. ere.)

5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the reiainage established in Section 5.1. 7.1 is robe modified prior to Substantial Completion of the entire Work, including modificatiom for Substantial Completion of portions of the Work as provided in Section 3.3.1, insen provisions for such modifications.)

§ 5.1.7.3 Except as set forth in this Section 5.1. 7..3, upon Substantial Complotion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment :pursuant to this Section 5.1. 7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.)

§ 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shaH pay the Contractor any additional amounts in accordance wilh Anicle 9 of AlA Document A201-2017.

§ 5.1_:9 Except wlth the Owner's prior approval, lhe-Cootractor shall not make advance payments to suppliers for m_atetials or equipment which have not been delivered and stored at the site.

§ 5.2 Final Payment § 5.2.1 Final payment, consl:imting the entire unpaid balance of the Contract Sum, Shall-be made by ihe Owner to the Contr:actor when

.1 the Contractor has fully performed the Contract except for the Contractor's respOnSibility to- Correct Work as provided in Article 12 of AlA DocumentA201-2017, and to satisfy other requirements, if any, which extend beyond fmal payment:; and

.2 a final Certificate for Payment has been issued by the Conuactor.

§ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after tile issuance of the Contractors final CertifiCate for Payment,. or as follows:

§ S.Jinterest Payments due and Wlpaid Wlder the Contnict shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where lhe Project is

'"""'""· (Imerl rate of interest agreed upon, if any.)

%

ARTICLE 6 DISF'UTE RESOLUTION § 6.1 Initial Oedslon Maker The Owner will serve as the Initial Decision Maker pursuant to Article IS of AlA DocWlient A201-2017, wilesS the parties appoint below another individual, not a party to this Agreement, to setve as the lnitia1 Decision Maker. (If the parties mutually agree, insert Jhe name, address and other contact il(ormaJion oft he Initial Decision Maker, if Olhet than the Architect.)

6.2 Binding mspute R~ution _ . _ _ Forahy Claim subject to, but not resolved by, mediation pursuant to Article 15 of AlA Docum~t.A10I-2<JJ7, the method of binding dispute resolution shall be as follows:

AlA ~nt A101"' - 2017. Cqlyright 0 1915. 1918, 192S, 1~.,=-c. ,~ .. ~,-. ,~ ... =-. ~,.=.,.~,~ .. =,~. ,=..,::-:, ,=,~.~. ~1 977~, ~.=,,.;:o,,~,=,=,.~,=..,~. ~. 2007=~ .. =.:;:::20~1~7 ~ .. ~,~.=-ArilerlcLin lnetitLIIlt r1 ~All rlghtB ...--1. WAJUING:'Illll NA• ~il ~by U.S. CCipyrWht~ ..... _~ TtHtiM-. UMIItbOrlmd ~udlon or' dirilluticwa of lbll NA• ~ o.-.ty p:~rtioa r:IIJt. -r rBUit In --l:lWI Mel CrlriiiNI ~ anctwtl-t. ~ tO tiM Mtinum' ..ant~ uniloW 01• .ri. This c1ocument wa ~ by AlA softwa~e a 10:Z-'1:2D on 0&1'1012011 ~"'*"Old., Nc. 33901521Slwhlch apiRill or. 06129'/20HI, and II not fllrfiHII. -.. ,.,.,.o.na.n.o.' u..r Hotel; (----------.

5

/nit.

(CheCic the appropriate box.)

[ ] Arbitration pursuant to Section 15.4 of AlA Docwuent A20 1-2017

(X 1 Lffigation in a Court of conijletentjprisdiction

[ ] Other (Specify)

[fthe OWner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court Qf competent jurisdiction.

ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract maybe tenninated by the Owner or the Contractor as provided in Article 14 of AlA Document A201-2017.

§ 7.1.1 If the Contract is tenninllled fortbe Owner's convenience in accordance with Article 14 of AIA P~X:ument A20J4017, then the Owner shall pay the Conlnlctor a termination fee as follows: -fJt+tert the amaunt of, or method for derermining. the fee, if any, payable to the ConJractor following a termination

for the Owner's convenience.)

10% Of the remaing contract balance

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AlA :Oocument AiOI-2017.

ARTICLE 8 MISCELLANEOUS PROVISIONS § 8~~ Where reference is made in this Agreement to a provislon of AlA Documii:nt A201-2017 or another-Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Docwnenls.

§ a.2 The OWner~s representative: (Name, address, emaii address, and other iriformation)

iohn E. Knight, Director ~i37 SE29th Topeka,. Kansas 66605

§ 8.3 The Contractor's representative: {Name, address, email address, and other information)

Gabe Brown, President P.O. Box 14004 Lenexa, Kansas 66285 816-591·9830

§ 8.4 Neither tbe Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party.

6

§ 8.51nsurance and Bon~s § 8.5.1 The Owner and the Contractor shall purch1!5e and maintain insurance as set forth in AlA Document AI OlThL 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a St.ipu1ated Sum, Exhibit A, Insuran« and Bonds, and elsewhere in rhe Contract Docwnents.

§ 8.5.2 The Contractor sha!J proVide bonds as se1 forth in AlA Dooutnent A 10PM _ _,20t7 Exhibit A, and els.ewh~ in the Conqact Documents.

§ 8.6 Notice in electronic format, pmuam to Article 1-ofAIA Dooumenr A201--2017, may be given in accordance with AlA Docwnent E203TIIL2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If otlutr than in accordonce with AlA Document £203-.2(1_13, insert requiremeiltsfOTilellvermg flolit!e liz eledtonic format such as name, title, and email address of the recipfenl and whethu: and how the system ·will be required JC generate a read receipt for the trammission.)

§ 8.7 Other provisions:

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9,1 This Agreement is comprised of the following documents:

.1 AlA Document AIOl ThL2017, Standard Fonn of Agreement Between Owner and Contractor

.2 AlA Document A IOlU'--2017, Exhibit A, Insurance and Bonds

.3 AlA Document A20JDI-20I7, General Conditions of the Contract for Construction

.4 AlA Document E20JTM._20 13, Building Information Modeling and Digital Data Exhibit,. dated as indicated below: (/mer/ the date of the £203-2013 inrorporated into this Agreement.)

.5 Drawings:

Number Title Date

Specifications

Section Title Date Pages

.7 Addenda, ifHny:

Number Pages

Portions of Addenda relating to bidding or proposal requirements are not part oftbe Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9 .

.8 Other Exhibits: (Check all boxes that QPp/y and include appropriate information idMtifyjng the eXhibit where required)

[ J AlA Documem £204Tiol.....2017, Sustainable Projects Exhibit, dated as indicated bei<JW: (Insert the dale of the E204-2017 incorpota!Cd into this Agreement.)

7

I nit.

Da;e Page~

Date Pages

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r !;1i>,, lln•11'1' J'i'•'li,:,.,; /J1 m.-/J .l/(iu·-:',1 ( 'riWJJJc'•';i::1 '· '·•!1.\lnl~·t!on

1 ('1'//U.;,/ Willie' Iiili/;,, _'I

Approved as to Legality and Form: Date ' 2..!1"- I f

'" ASST. CO. COU EI.OII

A!ADo~"meniA101""-2V:r ;:;op;~glt~:s·; -~:t 1~:,; ~~~.,. -~,: .-o~e 1~P-· '"GJ.·;:,: 1~74 -~77.i~?' :~o- 1~?- ~~:r~r~21:'7:oVT"~ A-re· ~-"' I~" 1-1~ ~: •\•: I r .. ~.~~- J\11 rig ills msorvc.:f. WARNING. TIHs P.FA;, Ooeum~nt I& ~rore~l~d h~ U S C cpy oigl11 '- "N d!ld I>Hon>all<-"'"' T rGa l>u, Un.tllr>Ori•r<l "'1-'''-'d>J~Iio" Q/ IIIBirlt-,.,lon af tnls AI-"' tln'-''m"•l <HSnf n"'l'o" olll.lll~f rnufl '" uvor .. ~•·;l "'"' c•un.,oM yootalt11~. ""'I w•l' ~~ prou.;:~t•tllll t~e ma~oli'um ~~\on\ poot•bl<'\lMii~• Lhe law 1·1 e ~~c.1nc1: ·,\'~S ;;·<;d~c-;~ ry ~ .. ,, s~lt-.-•w~ al ·~ 7~ 7~' · :~ ·r, J~:-·e -"~"' 0'~e• No

1 ~\'<0 I ~7 I ~3 ,,hC'' f'>'~ '(" ~ ' • ;, ,, ~~~1'1 t ;, ~-,, ; 1'.(' ',•· ·~; ~ e u~er Notes: 'Jti1AUACA\

8

CERTIFICATE OF LIABILITY INSURANCE DATE I I

9/1012018

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR CERTIFICATE HOLDER.

PRODUCER

TRUSS 9200 Ward Parkway Suite 500 Kansas City MO 64114

INSURED

Brown Midwest Commercial Construction LLC PO Box 14004 Lenexa KS 66285

ClAIMS-MMlF. 0 OCCUR

SCHEDULED AUTOS NON-0\'.NED AUTOS ONLY

()050322(;

605032213

may require an A statement on

411312018

411312019

' 411312018 4J1W.019

DESCRIPTION OF OPERA nONS I LOCATIONS llJEHICLES (ACORD IOI,Additional Remar"o Soht<JuiQ, onay b~ ottoch<>~ H morespo.cels r..qlllmdl

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE: ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

'"' EXPIRATION OATE THEREOF, NOTICE WILL ., DELIVERED '" The Board of County Commissioners ACCORDANCE Willi THE POLICY PROVISIONS.

of the Coun~ of Shawnee, Kansas 200 SE 7th t., Room 201 AUTliORIZEI.l R5PRE;SENTA 1W5

Topeka, KS 66603

~ ' ©1988 2015 ACORD CORPORATION. All r1ghts reserved. -ACORD 25 (2016!03) The ACORD name and logo are registered marks of ACORD

Attachment "B" To Contract Dated 9/10/18 Between Brown Midwest Commercial Construction and The Board of County Commissioners of the County of Shawnee, Kansas

Below is what Brown Midwest Commercial Construction included in their bid of $94,796.10 for

4 fields at Rueger Field in Topeka, Kansas.

1. Remove up to 1" of infield material depending on elevations 2. Strip existing outfield arcs to eliminate "lip". Area to be removed will be between 7' and 10'

depending on needs to match grade 3. Laser grade sub grade to provide 1% slope from pitcher rubber graded on a "cone" 4. Provide and install3" of new imported red shale 5. Laser grade imported red shale to 1% slope to out field 6. Roll infield 7. Provide and install "Turface Pro League" infield conditioner on top of red shale. Spread as

needed 8. Provide and install "clay bricks" [right side of batter's box and in front of pitchers rubber)

[Material provided by owner) 9. Inspect irrigation and adjust if required 10. Verify 70' radius is provided from adult pitching rubber to outfield arc. 11. Install home plate, base anchors for bases and pitching rubbers. (Material provided by owner) 12. Provide and install top soil [if required} 13. Provide and install Fescue sod as required to infill at outfield arc 14. Clean up and remove debris from project caused by our scope of work 15. Bonding may be provided at additional cost 16. Insurance certificate provided to meet standard insurance coverage 17. References for past sport field type projects provided upon request

Rev. 09/2013 AT!'A<:!!MEI<.TTO

SHA WNEI. C9UNn' CON'Tl!ACT C: __ _

'col'ffRACfUAL PBOYJSIONS AT!ACKM£.'!f The tmdel"5i,ncG· panies agr= that !J!e fu!towlng provi~ lii'C hereby iri<:oijjorate(!. imo !he: cortlraet tti wliic~ it i~ :attached llrid made a part therwf, said contract Niag daltd the ___ day o'r ------~ 20_.

I. TE!Q15 HEREIN -C'sJNTROLYNG PROYI:t!O.'iS, It is d!ircssly agreed !hal the ref!Wl of eactl !Uld ~elY provbitm in this atrachmtnt shall l'MJlllil Wld ccntrol cvc:r ~ leml3 cf1111y ether eollflicting provi~icn in any other doowru:m relating tO am! a pert ofr~e ~cl in which this

-atblchrrv:nt is inc~«!.

2. r\ciBEI\Mill'iT WITH KAl'ISJ\S L"W II is ugt'ecd by and betw!:en the underllgned that ~II disputes ;md mat!CI3 ~erWin! un(!cr, in connection with t1f incident \Q this cootnct shall be litigaaed, if at all, in and befe« a C01.1n l~tcd. in the Stile cri' Km-. U.S.A~ to lhe exclusion of the Cowts cf any CJther stab:!! or country. All contracwal agreements shall ll¢-$1.1bjQ:t to, governed by.11nd construed accl;lfding to the laW!! or the State <If Kansas.

3_ TERMINATJON DUE TQ LACK OF fi/1\IDN(i AlfRQPR!AJJON. Shawnee County is subjcet 10 the Kansas Cash Basis Law, K.S.A. 10..110! tl uq. It: in th~ judgment of the Fioanci<ll Mministra~, Aadit-Finance Office, sufficimt funds are not appropi;ated 10 conti~ the function performed in rhis agrmncnl aru1 for !he payment of the cllarges hft-eunde.-, COillU)' mny termiiii!Ie this ~~ at the end of il:<l ement li$Cal ~r- County 8&I'CCS w give writlen notice of termination 10 ~ontrlleror Ill least tlrirty (30) days prii;IT to the md of it! current frlcal ~ In the ~~ this agifflllent is termilllll;d p1.1m111nt to lhis paragraph, CollJ!ty Wlll pay 10 tile OOIItl'aCIOt WI regular oonmtcll,llll p!lylllerll$ ineul'!'llcl tbmugh the end cf su.::h fiSC~~ I y<;ar. The ltrmination of the Cllntraet pUl'SUIII'Il to thi1 paragmph shall 1\'01: Cli\IK IU'IY penalty to be charscd to the CoWlty or the- oontractor_

4, DtSCIJI]M§R Or Lwturr. Neither the COllllty ptShaV.~ nor any depirtmentlhefeof-shall'hold harmless or indem~ifY any CQJltra(ltOT fix any liability whB!Joc-ver.

S. Aro'!-DJSCRIMIXATION CL.\US£,. The contmetor n~: (a) to ~omply with. the Kansu A<.:t Axuinst Duaiminati\111 {K..S.A. 44·1001 e1 Sfq,) Md the Karms Age Discriminaticn in Employment Act, {K..S.A. 44-1111 ·et .uq.) and lbe applicable proviJicrlS of the Americans With Di$abilitio::!! Ad {42 U.S.C. 12101 tt uq.) (ADA] snd IC not ~isa'iminat.: apiTJSt ~ny person bccawe of niCe, ~ligion, tolor, sex. dlsability,nati<>Iml origin cr lll1cestl)'. or qe in the admission otacce$$ W w lmilmmt ~r ~:mploymcm in, i~ prcarsms cr activilies: (b) Ia iilclude in all sc:~licitations or advetl~ments for m.plgyen, th~ phrMC ''equal opponunily employer"; (c) U> comply with !be reporting r«jUirements set out in K.S.A. 44-1031 am! K.S.A. 44-1116: (d) to include those provi~kms in ~ subronllllllt or purchase ordtr so lhat tho:y ...-., bindillf! Up<>ll suo;h !Uhc!>ntrao:ror or vendor; (e) that"" f.UJurc m oomply with tht reporting ~ui11m1ents of(c) shove or if the oontmctor is fuund guilty of lillY vialati<m of :wch IICI!l by !he ~ Hum1111 Rights Ccmmission, mch violation shall ~ a b~ of 1:01\hct; (fJ iflhe contractin.s qency de!enni~ lha:l tile cootnc!Qr ha! violated applicable provision:~ of ADA.lhat violation shall constitute a breach of e~ (a;) if (e) Ill' (f) cceurs. the «<l''tt¥1 may be eancelled, terminated or suspended in wbole or in part by the CC~m~ty. PartiCII to this contract W'ldci'Stllld that substctions {b) !lllouafl (e) of tbi: ~number 5 are not applicable to a conli'ICtcr wOO employs fewer lhan four cm~es cr \~SI! comnct with !he Count)' tot11ls

$5,000 or Jess during this fiscal year.

6. Acg;rrANCE OE .CmmtACT. This &ntnlct .sbaU not be l!';ln~idcted <1-Cllefl~ -approved or otherwise effective unll1 lhe requited approvals and l!atificatiollS h¥e ))c(n given and thi! is signed. by the Bcwd of County Commissu'lners of !he County of Shawnee, Kamas.

7_ .AI\!J1RAT!ON", PMJAGM. WAR!Vo'<IJ&S_ N~ing !Ill)'

I~ tq the 'ctmtrwy. no i~ttrp~Q!I shall be allo\Wd tc find tb~ County h.a~ q~ to brndms nrbilrlltion,. Qr the piiYlDCIII Q(tlanJaFs or penalties <ipO<l the (>C'cu""""" of a conlinw:m:y. FurtOO-, the CllWiey shall not o.gree to pay ~ttomey fea W1d hne payment t:l!ar-ge,~ lllld no p<nmiot·., will be given eff~t which attempts tc exelude, modifY. digcl~tim or o~se ~ttempt tc limit implied warn.ntics of m=h!!ot~bility and fttneu for a panieular purpose.

II. REI'llj!Ei'jTtiJm:'s· AtrrH()JY!X To COl!TJV,cr. By slgnins thi>! document, the rcp~tatli'~ of !he contnoctor thereby ll!p<ese~ts that :rucll per5011. 15 duly aulflorlzed by tile contractcr to execute !his docuntent on behalfOf.thecillitmCWr and that the ~onlil!ctor a~ W be boul!d. by the l'rovi~illll9 thera.>f

9. RESP<l-..;SJBII nxfoR TM!jll. The County,shall noc'M reaponsiblc for, not ifiilerimil)' a cOrftntCtor for, sny ft([eral. swc or loatl w:es which may be impo&ed or levied upon the~ubject mt.!lel'ofthis .C0111nct.

10 INSU1U..'I'CE. Th~ County shall not be re-q .. irod W purchau,. eily inslil'll.(ll.':e agaillllt lc:>5 or damage w any ~nal property to which lhis contmct relates, nor sballltli~ toatmct mjuire the Ccunly w ~;S~Bbli'lh a ~s~f-in5uri!I\Ce" fund to protect nga.in:it any such loss or d.iu!Jqe_ Subject to the proviSion$ of the Ksnsas Tort Claim:! Act (K.S.A. 15· 6101 el Jeq.1. liP: vendar or les:lllr sr.all tar the ri:ilk ~f Wly )(ISS or d&magc to any personal propeny towhieh vendor Qt' l~ holcb lltJe.

VENDORICOl'tiJRACTOR: _,.. /) tJ --f' ..fk:.v;J Y/?t{)t£--Q Cl51?'l7J. \/lt1}L--

~~11~ !f;o-/; Dnt:c:

IK>ARD O_f COUI";JY COMMLSSIONERS SHAWNEE COtr.'t.'TY. KA.l'\SAS

Xevin J. Cook, Chair

"'"" ATTEST:

THE AMERICAN INSTITUTE OF ARCHITECTS

Bond No. RCN3434943

AlA Documerll A312

Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):

Brown Midwest Commercial Construction, LLC P.O. Box 14004 Lenexa. KS 66285

OWNER (Name and Address); Ttle Board of County CommlssiOMtS cl 11'18 COunly of ShaWnee, Kaneas

200 SE 7th St., Rom 201

Topeka, KS 66603

CONSTRUCTION CONTRACT Date: September 10,2018

Old Republic Surety Compall)'

P. 0. Box 1635

Milwaukee, WI 53201·1635

Amount $94,796.10 Ninety Four Thousand Seven Hundred Ninety Six Dollars and 10/100 Description (Name and Location): Rueger Softball Complex. 2801 S. Kansas Ave., Topeka, KS 66111

BOND Date (Not earlier than Construction Contract Dale): September 24, 2016 Amount: $94,796. 1 0 Ninety Four Thousand Seven Hundred Ninety Six Dollars and 10/1 00 Mcxlificatlons lo this Bond: D None 00 See Page 6

CONTRACTOR AS PRINCIPAL COmpany;

(Any additional signatures appear on page 6)

or BROKER:

9200 Ward Parkway, Suite 500 Kansas City, MO 64114

816-7084600

perty) :

ALo\ DOCUMENT .U12 o PEFli'ORMANCE BOND AND PAYMENT BONC o DECEMBER 11184 EO. •Al.lt. e THE AMERICAN INSTITUTE Of ARCHITECTS, 1736 NEW YORK AVE .• H.W., WASHIOOTON. D.C. 2000S THIRD PRWTING • MAACH 11w.'

A312-1984 4

1 The Contractor and the SUrety, jolnlly and severally. bind themselves, their heirs, executors, administrators, successors and esslgns to the OWner to pay for labor, materials and equipment furniShed for use in tl'le perfonnar'l(:e of the ConWuction Contract which is Incorporated herein by reFerence. '

2 With respect to the Owner, this obligation shall be null and void If the Contractor:

2.1 Promptly makes payment, directly or lndlrectJy, for all sums due Claimants, and

2.2 Defends. indemnifms and holds harmless the OWner from clalma. demands, liens or siJits by any person or entity whoM claim, demand, lien or suit hs for the payment for labOr, material5 or equipment furnishBd far use in the performance of the Construction Contract, provided the Owner has promptly noPfled the Contractor and the Surety (at the address desr::lfbed In Paragraph 12) of any claims, demands, liens or sOOs and tendered defense of such claims. demands, liens or suits to the Contractor and the Surety, and provided there Is no OWner Default

3 With respt~ct to Claimants, this obUgc~Uon shall be null and \IOid If the Contractor prompiJy mak&s: payment, directly or indirectly, for all sums doo.

-4. The Surety shall have no obligation to Claimants unOer this Bond until:

4.1 Claimants who are employed by or have a dirwt contract with the Contrador h.aYe given notice ttl the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the OWner, stating that a claim is being made under this Bond and. With subslanlisl accuracy, the amount of the claim.

4.2 Claimants who do not have a direct contract with the Contractor:

.1 Have furnished written notice to the Contractor and sent a copy, or notlr::e lhBf&Of, kl the Owner. within 90 days after having last performed Iabar or last furnished materials or equipment included in the claim slating. with substantial accuracy, lhe amount of the claim and Ute name of the party to whom the materials were furnished or supplied or fur whom the labor was done or perfonned; and

.2 Have either receiV'ed a rejeclion in whole or In part from the Contractor. or nol rooeived wtlhln 30 days of fumi:shlng the above nolloe any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or Indirectly; and

.3 Not having been paid within the above 30 days, have sent a written notice to the Sli"Eity (at the address described In Peregraph 12) and sent a copy, or notice thereof, to the OWner. staling that a claim Is being made under this Bond and enclosing a copy of lhe previous written notice furnished to the Contractor.

5 lr a notice required by Paragraph 4 is given by the OWner to the Contractor or to the Surety, that is sufficient compliance.

El Whan tha Claimant has satis6ed lhe condHions of Paragraph 4. the Surety shall prompUy and at the Surety's expeMe take the fottowlng actiOns:

6.1 Send an answer fa the Claimant. with a copy to the Owner, within 45 days efler receipt of the claim. stating lha amounts that Bnl undisputed and tha basis for challenging any amounts that are disputed.

6.2 Pay or arrange tar payment of any unclsputed amounts.

7 Th& Surety's total obligation shall nat axoaed th& amount of this Bond, and the amounl ot this Bond shall be Q'edHed for any payments made In good faith by the Surety.

8 Amounts owed by lhe Owner to the Contractor under the Construction Contract shall be used for the parfcrmanct~ cf the Coostruction Contract and to satisfy claims. If any, under any Construction Parfonnance Bond. By tne Conln!ctor fUrnishing and the owner accepting this Bond. they agree that all funds earned by the Contractor In the performance of the Construction Contract are de<fir;ated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the fund& for the completion of the work.

0 Tha Surety shall not be liable lo the Owner, Claimants or others for obr~gations of the Contractot that are unrelated to the Construction Contract. The Owner shall not be Hable for payment of any costs or expenses of any Claimant under this Bond, and Shall have under this Bond no obligatiOns to make payments to, give notices on behatr of. or otheMise have obligations to Claimants under this Bond.

10 Th& Surety hereby wal11es notice of any change. including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

11 No suit or action shall be oommet~oed by a Claimant under this Bond other than In a court of competent jurlsdil:ticn in the location in which the >wrk or part ot 1t1e work is located or after the expiration of one year from ltK! dsiEI (1) on which the Claimant gave the nolioe required by Subparagraph 4.1 or Clause 4.2.3, or (2) en which the last labor or service was performed by anyone or the la&t materials or equipment were furnished by anyone under the Consb'uo;:tion Ccntract, whichever or (1) or (2} first occurs. If the provisions of this Paragraph are void or prohlblled by laW, the minimum period of limitation available to sureties as a defense In the jurisdlcl!on of the suit shall be applicable.

12 Notice to lhe SUI'Eity, the OWner or the Contractor shall be maHed or delivered to the address shmvn on the signature page. Actual recalpt of notice by Surety, the ONner or 'the Contractor. however aocompllshed, shaH be suffleient eompiance as of the da«< received at the address &hown on the signature page:.

13 When this Bond has been furnished to comply with a statutory or other legal requl~mentln the location wher& the construction was to be performed, any provision ., this Bond

AlA DOCUIIENT A312 • PE:RFORMANCE BONO AND PAYMENT BOND • OECEUSER 1964 EO. • AlA-& lHE AMEHlCAN INSTITUTE OF ARCHITECTS, 1135 NEW YORK AVE., N.W., WASHINGTON. D.C. 2«1)5

lHIRD PRINTING • Mt.F<CH 11187

A312-1914

oonniclfng with said slaiUto!y or legal requirement shall be deemed deleted hereJrom and provlelana conforming to such statutory or other legal requirement shall be deemed fo!Xltporated herein. The Intent is that lh1s Bond shall !Je construed as a statutOl'}' bond and nol as a common law bond,

14 Upon request by any person or lllnlity appearing to be a potential benefiCiary of this Bond, the Contractor shall promptly furnl!lh t1 copy of thiS Bond or shaD permit o copy to be made.

15 DEFINmONS

15.1 Claimant: An IndiVIdual ar enuty havlng a direct contract with the Contractor orwllh a subconlrecaor of the Contractor to fumlsh labor, malerfats or equlpmenl for use In the perfOrmlllloe of lhe Contract. The In kiln! of this Band shaD be to Include wilhCiut lhnlfBtlon In the tenns "labor, matetiafs. or equ1pmenl" tha1 part of water, gas, power, light, heat, oil, gasoline, telephone

MODIFICAnONS TO THIS BOND ARE AS FOL.LOWS:

servk:e: or rental equipment used In lhe Construction Conttacl, aror:::hltectural and engineering services required for performance of the worloi of the Contracror and the Contractor's subcontractors, and all other Items for which a mechenle'a lien may be asserted In the jurisdlcffon where the labor, materialls or equipment were furnished.

18.2 COn&lruclion Contract: The agreement between the Owner end 1he Contractor klenttlled on lha signaiUJB pa;e, lnclutfmg ar1 Contract Documents and changes tharelo.

16.3 Owner DefaLtlt: Failure of the Owner, which ha$ neither been remedied nor waived, to pay 1he Contractor as raq~.o~IRKI by the Conslrudlon ContrBCl or to perform end complete ot comply with lhe other terms thereof.

Par7:1graph 6 above Is deleted In Its enHre!y aM tile following Is subsllluted in Hs place:

6. When the Claimant hes &etistied the conditions of Paragraph 4, and has. submlt!Gd all supportltJSJ documentatkm !ilnd any proof of claim requfil5ted by the SUrety, the Surety shall, with reasonable promptness, notify the Claimant of lhe amoml81hat are undlspuled and tha basis l"or challenging any amounts that are disputed, Including, but nol limited 10, the lack of substantiating documerrtatlon to :5JJpP<Jrt the claim as to entitlement or amount, and lhe Surely shan, with rnsonable promptness, pay or make arraneemenls for payment of any undlspuled amounl; provided, however, lbal lhe failure of the Surety to timely discharge liS obligations lWlder this paragraph or to dispUte or identify aoy specific defense to all PJr any part of a clabn shaJf not be deemed kl be an admission of liability by the Surety as to such claim or olhetwblie COf'IStitule a waiver of the Contractor's or Surety's deretlses to, or right to d'ISpule, such claim. Rather, the Claimant shall have the immediate right, without further· notice, to bring sUit agalnsllhe surety ID enforce any remedy available to It under this Bond.

(Space Is provided below ror addlllonal signatures of added parties, other than those appearing on the cover page.)

CONTRACTOR AS PRINCIPAL Company: (Corporate Seal)

SURETY Company: (Corporate Seal)

Signature:;=;:=------------Name and Trtle:

Slgnature:""=-----------Name and Title:

Address: Add reGs:

AlA DOCUMENT ASt2• PERFORMANCE. BONOAHD PAYMerfrSOHC • DECeMBER 19M EO. • AlAe TttEAMERICAN INSTITIJI"EOF ARCHITECTS, In! NE.WYO!tKA¥!., N.IN .. WMHINOTON, D.C. 2QOOO

THIRD PRINTING o MARCH 1917 A312-1984 6

228

•**• * • ! OLD REPUBLIC SURETY COMPANY * • ~~~~~-----------------------••• POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS: That OLO Rl:iPUBLIC SURETY COMI'ANY,a Wisconsin stook irlsw'atwc ~.does make, ooostihdeand BppoitJt:

KELlY R. WATSON, STEVEN L. NICHOLSON, ERlE D. BENTON, CI-IANDLER H. CLN..LOR, SANDRA BURNETT, OF OVERLAND PARK, KS

its true and law!UIAuomey(.t)-ln·Fact, wilh full powuandalllhorily. notexcc:cdiiJiWJ,OOO,OOO, tor and on behalfoflbe eompsny 1111 !!Rt)', to ~uk:l!ld ddivcr and affix the SC8l o_fdte company Wreto (if a ~Ml is requim:i), bonds, ~ rcropillmCC!I or oltiCf writtca oblip(ions in the tatun:: thcR:of, {other than '-.il boodl, buk dcooshory bollds. JllOrlPJC dcf~e~ bonds mort&lln JUIIJ1DllY bonds. 1uuantcca or inslallmcnt paper m:1 note ~ bcnb, ..elr...u..un.nco W«km oompensllliDn 6onda ~12 P~Ytt~ent or beni!fits, ~-16ataDc:nt cooltacl blinds, w.tc ~ &ondl, hazaniDUI W1l8le mnedia!Wn bonds or bllld: luna bondl). 115 foll~s:

ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED

TEN MILLION OOLLARS (510,000,000) ----- FOR ANY SINGLE OBUGATION

md lo hind OLD REPUBUC SURETY COMPANY thm:by, udall of" !be Ktl of.uid Al:tomeyl-ia-Fac:t. pun111111 to these pni1C11ts. lrll ratified aM. confirmed Thi$ doc!J111C11l ia not >'lllid unlen ~em oolDmi bBekp!und lftd is mulli<olorM. 1"hil ~ad ill made uader and b)< l\llharily ofW board of dinlctDn at ~tspectal mming held oo Febr"uaty I.S, 1982. "Ibis l'owt'l'"of Altomcy fs!ii!ICd lll!d scaled by llcslmilc Wlda".md by lhc ....oorily of the lbllowing nl!Olutioal lldoptcdby!M bol:rdof~ofthc OLOREPUBLlC SURETY COMPANY on February 18, 1982.

RESOLVED tlmt, the prnidcnl, my ... ice-proaldcnl. or llliBIBIU viet! pnsidall, in conjunction wltb lhl! secmary or any assiltlni.ICefllar)', may appaiDI lltkmleyli·in-(act or aaenu wilh IIUlbority IIlii defined or limilc<l in the illlll"Uirlem. Mdenc:ing the appoinlmeDt in eacll cue, for lnd on behalf oftbD eort1JIIIIY to Cllccutc 1111d dctivcrrand affix the ICII oflhc compaay m banda, wdl:nakinp, ~md !1\ftt)'Sbipobllplonl of all kinds: lmll. •id oiT'u:cn may JariOlfC

an.y SIICb atlomcy-iD-l'act ocaaent IIJid revoke any Power oF Attorney pm..-i001ly pllllted ta &ucb penon.

RESOLVED FURTHeR. lhat any bond, unclcrtakiug, ~. or Slll'l:ty$hlp obligatiDD lbl.ll be vtUd and biDdiDg upon 1bc CompiDy (i) whca tipcd by the pre5ideat. In)' vice preaident or Mlillanl. vice preaidlllu, md attClled lll!d sealed {ift -.1 be required) by Ml'J leClMIIry or Jllllstant

scerclll)': Of

{ii) when Jijncd by !he pn~~idcnt, In)' vice president or wisa.ant \lice pte~idiW!l, ~ araai.srw !leCI"Cbcy, 111111 COUDtenliJ!!N d.:IIC81cd (if1IICII txt requited) by 1. dul)' aulbomod attomoy-in-flct or qem; or

{iii) whcu duly ~ecutcd 10d sealed {if a seal be rcqlllnd) by~ cr ~ attorney~-in-fact or agmu puriUIIlt toaod wilbin the limiiS oflhc aulbority ~lied by !be Powa- of Attorney iSIUCd b)< 1bc company to such penan or pcnooa.

RESOLVED FtlRTHER.Ibat 1M llignature ofaay authtlriz«< ofnct'l'"aod the ac.l oftMcomp~Dy may bel aftlxed byfllcllm!lc to my Power of AltDnlcy or ccrtificatiott !hereof authori:cinglhc Cllccution lind delivery of IllY band, llllderlakiD& ~ or Diller llll"elylbip obliptiON of lite wmpanr. mi IIICh ~ignatln !llld s1111l when. SO used lhall ha.vclhc llllfl" fu!Qc lll!d dfcct u thoush taam.lllly alfu:ed.

lN WITNESS WHEREOF, OLD R.EPUBUC SURETY COMPANY has eaused lbDc pR1SC111S 10 b.l signed by its propa-offlocr, lllld it& COI"]IOJBic ~~alto be affi!C«<Ihis 3RD day af MAY 2018.

OLD REPUBUC SVRETV COMPANY

tt.i~ STATE OF WISCONSlN, COUNTY OF WAUKESHA·SS -On this JRD da)' of MAY, 2lllll , pmsma.Uy eame befme me, Alan Pavlic aDd CC~J~~;e~E~C~fi~omey~~===':'~~=· m ~known to be the iudividWils and officers oflhe OLD REPUBUC SURETY COMPANY whocmceulcd the llbcwe instrument, and lhey eachaokoowlcdgcdthc Gleculion of the same, tod being by me duly sworn, did acva:ally deplllttod say: that~ arc the said offu:cn ClfiRe corpor$tion afun:suid, atlli Umtlhe ICII dfi11od lo tbe llbo..-o imlnDncl!t is the seal of lhc (:mporalion. and u.t .aid ~ ~I mxl their siptums as such officers ·-""' ""'"' ""'""""""'~ ~ ..... - """""""'"'®"'"'~ ''"''~ ~ ~

Mycommiai.:mcxpircs. 9/2812018

(l!xplratlon or nowy cornn~l••l~~n ~to. not~ .... rnatru"**tl

TRUSSLLC ' I . " 1 ' " I ' " ' '. " •. c ' '~ ' J 1

' " " ~ ' • I

"'"- -" I'.'>-'. I ~ ':.•· ~~· .• , ... ~ ~- - ,-~- -~ ... ~-~ ~:· ' • -." ' ' .. . .

KANSAS STATUTORY BOND

Exocutod m 'ooJunctlon with Cantn<t "Bond Number RCN3434943 KNOW ALL MEN BY 1HESE P1mSENTh That We,. Brown Midwest Commercial Cgnstru"'ism LLC P.O. Box 14004. Lenexa. KS 6§2as and Old Republic Surety Company of P. 0. Box 1§35. Milwaukee. WI 53201~16 the lawt ol tM Stat& o£

a Corporation orpnized uu:l cdattns: unclM

btuiness in tM: State of Kan.s&*.. as SQtety, are held 4nd. authoril.ed 10 tnmact

and firmly boWld lll\to the

STATii: OF l<ANSAS, in the full and just sum of Ninety Four Thousand Seven Hundred Ninety Sjx Dollars and 101100

for the payment of which, well ud our hein, executor~~, administrators, firmly by these l""'""'b.

truly to be rnade, we do heNiby &ucceuors and anisN, Jointly

bind ourselns, and sever.ally,

Dated thiJ --~2o;4,.,th-'---- doy of September A.D., 2018

THE CONDITION OF 1liE ABOVE OBLIGAnON IS SUCH, THAT WHEREAS, on the 1oth da:yof __ _,s,.ept..,.om""'be"r--~~ 2Q1§_, tbu•id Brown Midwest Commercial Construction LLC entered into a CDntnd with The Soard of Coum,y Commissioners of the County of Shawnee. tSansas 200 SE 7th St., Rom 201, Topeka, KS 6§603 providlng:!ot Rueaer Softball Comolex. 2801 S. Kansas Ave., Topeka, KS 66111

NOW1

1KEREPORE.- ifthe~~~~~~~~~ i ~~~~~~~~~~:.;;i~ pay all b

material:., equipment- or lal,or fumithed., usf:d or con•um•d. in eomtection with or in or a.boul tlte coiUitructian of the above d.eacribed wor~ o~o •• to comply with the prova10n.s of Se:crion 60-1111 (lor publie works) or Sec:tion 60-1110 (lol' privacte worb) oi tbe General Statutes ol :KanN.s1 1963, .and u amendad effeetive Janu.ary l, 1974, th.eJ\ this obliga.tion to be null and void, otherwbe to be and remain Jr. full force and. eflect.

Whereby C!ertify that- tha above bond is app the recorda. ot day of

ed. •nd. tha said 'bond has -buD fi!ad in

County, thb ----------

•••• * * ! OLD REPUBLIC SURETY COMPANY * • -------------••• POWER OF AnoRNEY

KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY ,.a WiKOmin ~k inaunmoe Corporatioo, doesnttko, conatilllte and appoint:

KW.Y R. WATSON, STEVE !II L. NICHOLSON. ERI..E D. BENTON, CHANDL£R H. CUI..LOR. SANDRA BURNETT. OF 0VERI.AN} PARK, KS

ils 1n1c 1111d 18wfil! Attoroey{s}-in-Fact, with fu!! ptlWCI' and •whority, root eJI<leedill8 $50,000,000, for and on bl!hl\fof!M Compml)' a:~ swt:~y, to eleQute and deliver l1Dd affiK th~ seal of the ~y tberdo (ifa seal is rcquir~}, bond!!, 1111dertakings, I"I:OOilJ!iDIICC!I or other wrinet~ obliptio.a.l in II«: llllfllrt: ~. {OO.hn t.il honda, banlr.depot;itory , ttlDl'tpJO dllficiency boodti1 .-....:rrtpp su-ntY bond., pnntoea ofinnallmmll .-per IJid ncxc: JlllliQty ~ ~1"-inlunnee-~ f;llrnpengalion Donds JU~~RI~D:eilll JIIYfll<W. of benefru, IIBhml<>l ~~ contrae~ ~ watt~ IIIEiqlllllellt bonds, hlan:k!\11 .....tc rmm:dialwP boadlllor black lwtg bonds), as lbllow1:

ALL WlUTTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED

TEN MILUON DOLLARS (510.000,000) ----·-----FOR ANY SINGLE OBLIGATION

aDd to bind OLD REPUBLIC SURETY COMPANY lllereby, and all of the adS of said AttoniCI)'S-in-FlCI, pursuan.IIO lhelc pmcnb, arerlll!ied and confirmed. Thi~.document iii not valid unlc:1111 ~on oolun:d background IIIKi is multi-(X)Jored, This l!O'Oinlmept is lllfii:LI! llllll« and by 1U\ltorlty of tho bomd ofdin!ctors at a spetlal meeting he:ld en February l a. 1982. Thill Power of Attorney is signed and sealed b'J tlcsimilo under and by tba airtbority of tho following I"CIIQ\utiolli adopUid by lhe board of dirccl\li"B of abe OW REPUBUC SURf:I"Y OOMP ANY on fcbNiry lB. I 9$2.

RESOLVED 1111.1, tbe president, Ill)' viec--pm~idea, or a.obtant "H:e- preaidc:nt, ir1 ~oajWJCtion with the ...:::retmy w: •"-Y usistant 1ecm.ry, 11'11)' appoinL aiiOrlleyi-iD·fllel or qenbl wltb authority u dcfinc:d o;~r limited in the i115m1111eDt evideDeing tlJe appaintment in each QISfl, far and on bd!llf ofb llOtnpPI)I to execute and deli¥« and 11fu; lhexal oflbc CllPip8!\)' to hoods, undcrlalcinp. n:c~es, and •W'el)llhip obl'aptions of•ll kinds~ and Slid officen nmy r=movc my sud\ a:tiOI"lJCY·io·&.<:t or IJcnlllld rcwkc lillY E'Qwer of~ jRViously Jf8llled to such pmon.

RESOLVED FURTHBR. U..t UlJ' OOnd, undmaking, n:c~ or ~ip ~;~bligation shall bo valid IIIII binding~ the Company (i) whet~ signed by l1ie pteSident. any vice pmideot ora.istant viceprcsideut, illld alte:Ued and 1e:alod {if A 5eal be required) by any sa:n:tary or aui.UUU

seeretaey; or (ii)when thp;lCd by the: president,. any vice presidcnl or assiatant vice pn:8ident, secretary or us.iatant.secrewy, .00 CCIUDlel"'ipcd.md 5CIIled (if a saallx

rtqllirt:d) by a duly IIIJ/.hQriu:d Bitomc:y-iu·ll~ Qf llp::nl;. or (iii) when duly exeo;:utedand $1l111W. (if~ sad bl: n:quim!.l by I;JIIOOI' 1110n!~in·fBct m apnlll jllllliiiMtto and within the limits aftbc: aulhority

cvidcnccd by tbc: Power of Attmuey imlcd by tbc eampany 1o suclJ pmon. w- pmOPS.

RESOL YEO FURTHER, '111&1 the slpa!W'e of aay &lllllclrimi officer md lbc seal of the oornpiiD)' ll1IY be afliud by ftaimile to any ~of Attomey or certifiCIIion thereof authorizini; tbe Oll=ulioo aod delivery of any bond, ll!llkrtakin& RX:Oprizm~:=. or other suretyehip obliplklna of the OCIDIJIIIIlY~ and SIJC:b !lignntme ond 91':11lw!Jen so u&ed sll.all have !he-for= .00 ~ffelllulbough mmually affil<fd

IN WITNESS WHERl!Of, OLD REPUBLIC SURIITY COMPANY has CIUICdthesc: pm;ents to be iigned by iii properoffieer,and Its oorporatli ral to be !lffixcdthis 3RD dayaf MAY 2018.

9~~zr-OLD REPUBLIC SURETY COMPANY

it. ltz STATE OF WISCONSTN, COUNlY OF WAUKESHA..SS

()ptbi~ 1RD dayor MAV,201R ,pcrsooallyCILI1ebo:forc:•rn::. AhmPavlic and

Juoe E Cherney tllllUi krlown to betbeindivid!ala andoffilllll5 afibe OLD REPUBUC SURHTY COMPANY wlloaecut~ tbe 1bovo instrument, and they each aekoow\ed:ged the elelliJtioo of the SRinll, ltOd hfling by me duly sworn, d£cl teYenlll)' o.,po.e and _,; that they ...., the .aid offi~~m~ of the

corporation afllrtSIIid. IIId lbat the tc~~l dfued lo the: above illSinnnOnt is tho ueJ of the corporatiOD, Ind. Ibm saki. corpontc K8l .00 their t.lgnawrea as sucb ometn

-"""''"""'""'"""""""""""-"""'"~"""A'~-"'-':K;:~ ~~ ~ My OOfllllliuton ppirer;: 9!211120 18

CER:TlFJCATE (e.qJiratkln of notary comt~~*kln dael11ot I!MIIId...__th~ l,.._lhlm)

I, tlte ll!\dlni,gned., asslstantsecmm-y ofllR: OLD REPUBLIC SURETY COMPANY, a Wi.koo!ln corpontioa, CERTIFY thai thcl ~ ~ &ttr.c~~Power of Auorn.ey remaiN; iu 1\&llfom.l lind hut IKII bi)CII rr.-okod: and~ thal the ResolutionJ ortJie boud ord.~ton act :lbr1h ill the Pow~ of-A~; 11(1: IK!W- m_

fon::e. 411-3276

TRUSS LLC 1, •· '!.'. •• • •- •1 •\'. ,,,, '·,·1 f" "'"'.' '' " I

-, ,,, ... ". 1.1-',1.''·" _, .. ·,~"'- ..;-~~·-· ·~---~··--- ,_,_ '·- ., ' ~· >if~ '

"

--"""~~~-

TABULATION OF BIDS JUL 20 2018 p;.:, 2:00

DEPARTMENT Parks & Recreation QUOTATION NUMBER 041-18 Rueger Park Date OB-20-1 B

PEOPLE PRESENT Michele Hanshaw. Cassy Duer

NAMES OF BIDDERS -Total Bid Expected length of time for compiBtion Includes·- materials, work &

shioolnQ costs Midwest Laser Leveling

I D4 l-D0-00 30 dn I'"' Perfect Play Fields

124 4'3'5 DO I

2-3 weel:.s Brown Midwest Commercial

94 -:r "'ltv' 10 2.1) WDY'\<~( 1'1<:1 -1 rL Construction ::, J

. !

i

i I

~-

I I I

QUOTATIONNO. 041-18

DATE MAILED 06-29·18

CLOSJNG 2:00P.M. 07·20·18

Total bid for all 4 diamonds including materials, salaries, shipping, etc.

$ 9'1, 79?, 1" ____ _

Expected length of time for completion.

(Please send the original and a copy of your bid)

PLEASE SUBMIT TillS AS THE FIRST PAGE OF YOUR BID

Memornndum

Shawnee County OFFICE OF COUNTY APPRAISER

Steve J Bauman, RMA

To: Board of Shawnee County Commissioners

From: Steve J. Bauman, Shawnee County Appraiser

Date: October 1, 2018

Re: Agenda Request- ESRl Software Maintenance

I am requesting approval for the payment of the attached invoice from ESRI for the annual Geographic Information System licensing and software maintenance. These are multi department licenses necessary for the operation of our mapping and GIS progn1ms.

";

This is being purchased through the state contract to get the best pricing. The contract number referenced on the quotation and invoice is the ESRI I State of Kansas contract.

Funding for this item is from the Land Records Fund as was recommended by the Land Records Committee and approved the Board of County Commissioners on March 2, 2017.

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

Invoice Order CUstomer CUstomer PO P.O. Date End User Project

93521366 3436681 19341

Document date Delivery Contract

09/17/2018 • esrr 2005MPA1199

J80 N~w Y"rk Str~~t

R9dlands,CA-92J7J

Phone, (909) ?9J-285J

EMAIL ALLEN 09/17/2018 19341 County of ShaS'AeAWNEE couNT\1

1 #~ao-ep\g Invoice CONTRAC ·

Bill to: Lee Allen

County of Shawnee

Appraisers Office

GIS

1515 NW Saline Ste 100

Topeka KS 66618-2867

RECEIVED SEP 21 2018

SHAWNEE COUNTY APPRAISER

Page : 1 Ship to: Lee Allen

County of Shawnee

Appraisers Office

GIS

1515 NW Saline Ste 100

Topeka KS 66618-2867

For questions regarding this document, please contact Customer Service at 888-377-4575. Terms of payment: Net Due 30 days, no discount The line items included in lhis transaction are governed exclusively by the terms of the above-referenced contract, if any, or,

where applicable, Esri's standard terms and conditions at www.esri.cr..mllegal/software-llcense.

Item

10

1010

2010

3010

4010

5010

Qty Material Number

52384 ArcGIS Desktop Advanced Concurrent Use Primary Maintenance Start Date: 12/08/2018 End Date: 12/07/2019

7 52385

1

ArcGIS Desktop Advanced Concurrent Use Secondary Maintenance Start Date: 12/08/2018 End Date: 12/07/2019

87232 ArcGIS Spatial Analyst for Desktop Concurrent Use Primary Maintenance Start Date: 12/08/2018 End .. Date: 12/07/2019

1 87198 ArcGIS 3D Analyst for Desktop Concurrent Use Primary Maintenance Start Date: 12/08/201 B End Date: 12/07/2019

1 98696 ArcGIS Publisher for Desktop Concurrent Use Primary Maintenance Start Date: 12/08/2018 End Date: 12/07/2019

1 87192 ArcGIS Desktop Basic Single Use Primary Maintenance Start Date: 12/08/2018

Price

3,000.00

8.400.00

500.00

500.00

500.00

400.00

• Document date Delivery

0911712018

esrr Invoice Order Customer CUstomer PO

P. 0. Date End User Project

93521366 3436681 19341 contract 2005MPA 1 1 99

380 New York Street

Redlands, CA-923 73

Phon,.., (5'09) 793-3853

EMAIL ALLEN 09/17/2018 19341 County of Shawnee

Item

6010

7010

8010

Invoice Page : 2

Qty Material Number

End Date: 1 2/07/2019

6 87193 ArcGIS Desktop Basic Single Use Sacondary Maintenam::e Start Date: 12/08/2018 End Date: 12/07/2019

50 153147

1

ArcGIS Online Named User Level 1 Tarm License

Start Date: End Date:

161328

10127/2018 12/07/2019

ArcGIS Enterprise Standard Up to Four Cores Maintenance Start Date: 12/08/2018 End Date: 12/07/2019

Item Subtotal

Total:

FEIN: 95-2775732

DUNS/CEC: 06-313-4-175 CAGE: OAMS3

Please detach lower portion and return with remittance

• Remit Payment to:

Environmental Systems Rese~n:h Institute, lnt:.

By Chack: Electronic Instructions:

Price

1,800.00

5,575.34

5.000.00

25,675.34

USD 25,675.34

esrr P.O. Box 741076

Los Angeles B11nk: B<1nk of America

Wire ABA: 026009593

ACH ABA: 121000358

Acct#: 1496150335

Lee Allen County of Shawnee Appraisers Office GIS 1515 NW Saline Ste 100 Topeka KS 66616-2667

CA 90074-1076

Invoice: 93521366Document Date: 09/17/2018 Order: 3436681 Payer: 19341 Total: USD 25,675.34

Memornndmn

Shawnee County OFFICE OF COUNTY APPRAISER

Steve J Bauman, RMA

TO: Board of Shawnee County Commissioners

.From: Steve J. Bauman, Shawnee County Appraiser

Date: October 1, 2018

Re: Agenda Request- Post!Pill Vacant Residential Appraiser [

I am requesting authorization to post and fill a vacant Appraiser I position at a starting annual salary including benefits of 48,584.24. Additionally, I am requesting to fill any positions that become vacant as a result. This position will be vacated October 5th. This appraiser position is necessary to the success of our office and is included in the Appraiser's 2018 Budget.

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

BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, … · 2018-10-02 · BOARD OF COUNTY COMMISSIONERS...

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