l.VIe:xn..o:ra:nduxn. - Shawnee County, Kansas

l.VIe:xn..o:ra:nduxn.

DATE: February 17, 2021

Shawnee County

Office of County Clerk CYNTHIA A. BECK

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

TO: BOARD OF COUNTY COMMISSIONERS

FROM: Cynthia A. Bec~ee County Clerk

RE: Silver Lake Drainage District Treasurer's Bond

Please acknowledge receipt and consider approval of the following bond:

Silver Lake Drainage District, Treasurer's Bond Effective January 2, 2021 -January 2, 2022 John Clark- $10,000.00

Thank you for your consideration.

CAB/tlk

Attachment:

Bee ack drainbonds/db

MERCHAN~ B.ONDING COMPANY,..

MERCHANTS BONDlNG COMPANY {MUTUAL) : P.O. BOX 14498. DES MOINES, lA 50306-3498

PHONE: (800) 678-8171 FAX: (515) 243-3854

OFFICIAL BOND THESTATEOF ____ Kans __ as ___ _

------~S~M~wn~e~e _______ COUNTY BOND No. --=K=S-'4:...:..7.::..::11:.:..5 __

KNOW ALL PERSONS BY THESE PRESENTS:

Thatwe __________________ J~ohn,;,.;;_C~l_ar:_k_· -----------------as Principal, and Merchants Bonding Company (Mutual)· , a corporation duly licensed to do business in the State of Kansas , as SuretY, are held and firmly bound unto Sll..VER LAKE DRAINAGE DISTRICT

-------~--------------------------in the penal sum of

________ ..;.__ _ ___:;T;.;:;en;;;.· ..::;.;Th:::;.;o:.;;;u;;;.;;san=d.:;;.· ____________ ·( $1'0,000.00 ) Dollars.

THE CONDITION OFTHIS OBLIGATION IS SUCH, that whereas the above bounden Principal was duly elected or appointed to the office of Treasurer

an the day of _____ ' . for the term beginning on the 2nd day of January 2021 and ending on the 2nd day of January 2022 _

~OW THERE~ ORE, if the Principa~ sh~ll faithfully _perform an~ discharge_ al~ the dutie ~, ··~- ··a~!llii{lg his/her contmuance therern then the above obhgat1on to be vo1d, to otherwrse to remam 1n full for .. _ ·~ ... "' c.i-j:~f4, PROVIDED, HOWEVER, that regardless of the number of years this bond may rem :-~·and' jtie nurf&.er of claims which may be made agai~st this ~and, the_liability of th~ Surety shall not be cumul ~~~!he ag~Q:Sie'}i~ility of !h~ Surety for any and all cla1ms, swts, or act1ons under th1s band shall not exceed t o~tated-ab~Jtte.= ~y revrs1on o~ the bond amount .shall not be cumulative. . .;':.\~~~·r. · . ':~, ~a':~lf PROVJDED, FURTHER,.that this bondmay be canceled by ~hi! Surety by sending w~: :··· ~:tA, ."' ·it to whom this bond is payable stating t~at, not less than thirty (30). qays thereafter •. the Surety's liabili\i . · · ·erminate as to subsequent acts of the Principal.

Slgned and dated this 23rd day of October 2020

Countersigned {if required):

·By.: ____________ _

Board of County Commissioners

Kevin J. Cook, Chair

ATTEST:

Cynthia A. Beck Shawnee County Clerk

IohnClark

Principal

Approving Officer

MERCHANTS. "' .BONDIN.G COM.PANYtu

POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL} and MERCHANTS NATIONAL BONDING,. INC., both being corporations of the State. of Iowa (herein collectively called thE! "Companies") do hereby make, constitute and appoint, individually,

Lori B~gart

their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,. contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing .bonds and undertakings required or permitted in any actions or proceedings allowed by law.

This Power-of-Attorney is granted and ill signed and Sl!laled by facsimile under and by authority of the following By•Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted· by the Board of Directors of M19rchants National Bonding, Inc., on October 16, 2015~

''The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or !lOY Vice. President shall have poWer and authority .. to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of. the Company, and attach the seal of the Company thereto, bonds and

·· undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."

"The signature of ~ny <!Uthorized officer and the seal Of the Company may be affixed by facsimile or electronic transmission· to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance:, or other s.uretysnip o bligattons of the Company, and such signature and seal when so used shall have the same force and effect as though manually· fixed."

In connection with obligations in favor of'the Florida Department of Transportation only, it is agreed that the power and aut horlty hereby given to the Attorney-In-Fact includes any and all consents for the release of retained percentag~ and/or final estimates on engineering and, construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department ofTransportation. making. payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond:

In connection with obligations: in favor of the Kentucky Department of Highways only, It is agreed that thl!l power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the CommissionerDepartment of Highways of the Commonwealth cif Kentucky at least thirty (30) days prior to the modification or revocation.

In Witness Whereof, the Companies have caused this instrument to be. signed and sealed this 23rd day of October • 2020

STATE OF IOWA ;COUNTY OF DALLAS ss~

.. ··~ ..... •• \\G Co • • • • ~~' ,.--. •• '.ft,o•• • ~':'··V,po b·~ ., •

•·4:),• (;) . 'I.A.'< ~·· • . ~ 7,..., .. ;.L• -· "": ;;e "'. • .., ........ _. -o- o·-· • z..:: :: ·==· • • ""' .1933 .• •. • ~·· . . ;'·C::. •• :vJ;~ .-:,.~~· •;.VJ'it••·•···~~'e•

·•.•• ti .• ·:~:~ ., ....

MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT NATIONAL BONDING, INC.

By ;;£-President

on this 23rd day of October , 2020 , before me appea~d Larry T;;~ylbr; to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.;. t:~nd that the seals affiXed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.

~IN POlLY MASON ~'""A. ~

61

~ Commission Number 750576 ~-. ': My Commission Expires

'ow~ .January 07, 2023

(Expiration of notary's commission does not invaUdate this instrument)

Notary PubOc

I, William Warner,. Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL). and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true anq correct copy of the POWER-OF-ATTORNEY executed·by said Companies, which is still in full force and effect and has not been amended or revoked.

In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of October ' 2020. ........... • ....... '! ••

·····~10 N.ct ••••• • • • :\"'G co~·. •• ~ ... , ....... , {,.A '• e ~~ • • •. • • •·• •. "'T.A • .... ~ •• nob'' v: ··~ ....... ~ .• a.po . ':4··

~·c., /o~r· rr.~i··. o "• • ~·""~' ~~~.·~-,.,· :" .'tl .,.-~·.~-:, • . .-~v ~~,.-~~ ·.ce:~ <"~o· ·~·~ ~: • .:....., ·:,_ '!!"":a.. o~. :: •.t-:._ -o- o·--...• :·~:. . =--= • z: :·~. : ~ ~ : z: • "". 1.93.3 • ""' •. ...... ·. 2003 :.0:• ....... _•. ...c::. ~ ..... ·. ~·· : ·~·· ... ~. ~~ . .:·.. .... .......... ~ . ~··. ···~~· "•.,V'L.~;• ....... ••'I):r:'••" • •. ':$1JJ;·••··••' ~ .•

~.~~ 1:r • ........ • .:;": "1:! ••• ................. . ···:· ..

P'~~~-Secretary

· POA 001:8 (1/20) For bond verification contact verify@merchl:lntsbonding.com

TO:

OFFICE OF THE DISTRICT ATTORNEY THIRD JUDICIAL DISTRICT OF KANSAS

Michael F. Kagay, District Attorney

MEMORANDUM


FROM: Michael F. Kagay, District Attorney r\ tV

DATE: Febru·ary 19, 2021

RE: Request for Diversion Fund Payments

The District Attorney's Office wishes to pay the following invoices from their Diversion Fund account:

1) Cummings, Miranda for transcript fees a) Invoice No. 1125 dated February 10, 2021 in the amount of $63.00 b) Invoice No. 1126 dated February 17, 2021 in the amount of$58.50

2) EPIC Business Essentials for office supplies a) Invoice No. SI00418182 dated February 3, 2021 in the amount of $44.76 b) Invoice No. SI00418883 dated February 10,2021 in the amount of$359.90

3) Kansas Narcotics Officers Association for membership dues a) Invoice No. 0 i 502 dated February 11, 2021 in the amount of $30.00 b) Invoice No. 01503 dated February 11,2021 in the amount of$30.00

4) Riling, Claire for transcript fees a) Invoice dated February 11, 2021 in the amount of$49.00

The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above itemized invoices, in the total amount of$635.16, to be paid from the Diversion Fund account.

Shawnee County Courthouse 200 SE 71h Street, Suite 214 • Topeka, Kansas 66603 • (785) 251-4330

EPI€ Local Delivery Provided By: SALES INVOICE OFFICE PLUS OF KANSAS

BUSINESS ESSENTIAlS Remit EPIC Business Essentials LLC To: 5600 N. River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018

316-491-2607

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

316-491-2607

ACCT. NO. Sales Order No. CUSTOMER PO

Item Number Customer ID:

PNW330729

Description

0000000

DXEDBP09W COATED PAPER PLATE

Non Core

MMM6504 SPONGE,HVYDTY,DISHWAND

MORB8500

LIL97197

Amount Subject to Sales Tax

0.00

NAPKIN,9.5X9.5,8/500,WH

REFILL,IBUPROFEN,50/BX

Amount Exempt from Sales Tax

44.76

Ord Qty

4 PK

2 EA

1 CT

1 BX

Sales Invoice Number: SI00418182

Sales Invoice Date: 02/03/21

Page: 1

Ordered By: Sarah Luedke

Login:

Email:

Ship DISTRICT ATTORNEY

To: Sarah Lu,edke

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

Ship-to Code: SHP0040259

DEPARTMENT

Ship Qty Unit Price

PK

2EA 4.24

1 CT 36.28

BX

Subtotal:

Total Sales Tax:

Total:

DUE DATE

03/05/21

Total Price

8.48

36.28

44.76

0.00

44.76

EPI€ BUSINESS ESSENTIALS

Remit EPIC Business Essentials LLC To: 5600 N. River Road, Suite 700


316-491-2607

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

Local Delivery Provided By: SALES INVOICE OFFICE PLUS OF KANSAS

316-491-2607


·Sales Invoice Date: 02/03/21

Page: 2


Login:

Email:

Ship DISTRICT ATTORNEY

To: Sarah Luedke

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603.


ACCT. NO. Sales Order No. CUSTOMER PO DEPARTMENT DUE DATE PNW330729

Comments/Notes: 02/02/21 Timestamp1: 1:39:21 PM 02/02/21 Timestamp2: 1:39:21 PM

0000000

02/03/21 Per Crystal remove CPC46412,CL015949CT Local Delivery Provided By: OFFICE PLUS OF KANSAS

316-491-2607

03/05/21

Remit EPIC Business Essentials LLC To: 5600 N. River Road; Suite 700


316-491-2607

Local Delivery Provided By: OFFICE PLUS OF KANSAS

316-491-2607

SALES INVOICE

Sales Invoice Number: 5100418883


Page: 1


Login:

Email:

Sold SHAWNEE COUNTY Ship DISTRICT ATTORNEY

To: 200 SE 7TH ST

TOPEKA, KS 66603

ACCT. NO. Sales Order No. CUSTOMER PO

Item Number Customer ID:

PNW331334

Description

0000000

UNV21200 PAPER,XERO/DUP,WEL TR,20#

Contract Item

Amount Subject to Sales Tax

0.00

Amount Exempt from Sales Tax

359.90

To:

Ord Qty

10 CT

Sarah Luedke

200SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603


DEPARTMENT DUE DATE

03/12/21

Ship Qty Unit Price Total Price

10 CT 35.99 359.90

Subtotal: 359.90

Total Sales Tax: 0.00

Total: 359.90

Remit EPIC Business Essentials LLC To: 5600 N. River Road, Suite 700


316-491-2607

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603


316-491-2607

Ship To:

SALES INVOICE



Page: 2


Login:

Email: l

DISTRICT ATTORNEY

Sarah Luedke

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603


ACCT. NO. I Sales Order No. CUSTOMER PO DEPARTMENT DUE DATE

l PNW331334

Comments/Notes: 02/09/21 Timestamp1: 4:12:44 PM 02/09/21 Timestamp2: 4:12:45 PM

ooooooo·


316-491-2607

03/12/21

Shawnee County Authorization for Voucher p·ayment

Date: February 12, 2021

Charge to: District Attorney's Office Department

Pay to: Name: Kansas Narcotics Officers Association

Address: PO Box 1218

City, State Zip: Hays, KS 67601

Vend or Number: VOO 17 67 ---------------------------------

Reason for Payment (Please Detail) Annual member dues for: Charles Kitt and Brandon Farnham at $30.00 each

annually

Amount:$ 60.00 --~------------------------------

Charge Account Number: 71DA000/50261 710400000/50261

By: ~- ni...Gt.e_\ r~ epartment Head

Signature: ~

2/11/2021 Kansas Narcotics Officers Association - Invoice # 01502 .

.. :,.· •. ··

: .. ,: ~

Home • My profile • Invoice# 01502

Invoice #01502

r;;--! ~ Balance due: $30.00

.__, '

I . If you want to pay online, you can login to your KNOA website account and click on the "pay online" button in your I profile (upper right). This allows you to pay with credit card. Or click on "view invoice online" above.

I If you want to pay by invoice, please print and turn in/send this invoice to your accounts payable department for prompt payment. A separate invoice will not be mailed, so please turn this in to get paid.

l Mail payments to: KNOA, PO Box 1218, Hays, KS 67601

I l Invoice details

ITEM

Balance due $30.00

Amount $30.00

Invoice# 01502

Date 02/11/2021

Origin Member renewal Active membership

Invoiced to Charles Kitt, Shawnee County Attorney

Membership reriewal. Level: Active membership. Renew to 03/15/2022

AMOUNT

$30.00

Invoice total $30.00

!

I

https://knoa.org/Sys/FinDocument/63023669 1/2

2/11/2021 Kansas Narcotics Officers Association -Invoice# 01503

Home • My profile • Invoice# 0~! 503

Invoice #01503

r .. ~~

I

------·- --------- ·--~~--- -~ Balance due: $30.00 !

If you want to pay online, you can login to your KNOA website account and click on the "pay online" button in your I profile (upper right). This allows you to pay with credit card. Or click on "view invoice online" above. I

I If you want to pay by invoice, please print and turn in/send this invoice to your accounts payable department for prompt payment. A separate invoice will not be mailed, so please turn this in to get paid.

Mail payments to: KNOA, PO Box 1218, Hays, KS 67601

i I I !

i i

I I ·-------------·____)

Invoice details

ITEM

Balance due $30.00

Amount $30.00

Invoice# 01503

Date 02/11/2021

Origin

Invoiced to

Member renewal Active membership

~randon Farnham, Shawnee County Attorney

Membership renewal. Level: Active membership. Renew to 03/15/2022.

AMOUNT

$30.00

Invoice total $30.00

https://knoa.org/Sys/FinDocument/63024115 1/2

DATE:

TO:

FROM:

RE:

Room 101, Courthouse, Topeka, Kansas66603 Phone 785-251-6493 (MV)

785-251-6483 (Tax) http://www.snco.us

LARRYMAH COUNTY TREASURER

MEMORANDUM

February 22, 2021

Shawnee County Board of Commissioners

Larry Mah, Shawnee County Treasurer 1){1'1\~#/

January 2021 Bank Reconciliation

Please place this request on the Thursday, February 25, 2021 Board of County Commission Consent agenda for final approval of the January 2021 bank reconciliation report. This bank reconciliation report has been reviewed and approved by Audit Finance Department.

Thank you for your time and consideration.

CC: Audit Finance Dept

January 2021 Bank Reconciliation

Ending balance Per Central Square

Reconciling Items

Less:

Credit cards (posted to bank February 1 & 2, 2021)

Deposit-Smartsafe (posted to bank February 1, 2, & 3, 2021)

Deposit-Smartsafe (posted to bank February 11, 2021)

Payment to KCoVRS (posted to Central Square February 3, 2021)

Payment to State of Kansas Director of Vehicle (posted to Central Square February 3, 2021)

Credit card correction (P & R) (posted to Central Square February 2, 2021)

Correction IRS AP Payment

Add:

Outstanding checks as of 01/31/2021

Credit Card payments (posted to Central Square February 1 & 2, 2021)

ACH File Upload to UMB Bank for Accounts Payable payments (posted to bank February 2, 2021)

ACH File Upload to UMB Bank for CRF payments (posted to bank February 2, 2021)

ACH Credit-Remote deposit P & R (posted to Central Square February 1, 2021)

ACH Credit-Canon USA payment (Solid Waste) (posted to Central Square February 1, 2021)

ACH Credit-Evergy Kansas payment (Solid Waste) (posted to Central Square February 1, 2021)

ACH Credit-Lake Shawnee Golf Course (P & R) (posted to Central Square February 1, 2021)

ACH Credit-State of KS Smart payment (Community Corrections) (posted to Central Square February 2, 2021)

ACH Credit-Pottawatomie Co. payment (TR) (posted to Central Square February 3, 2021)

Adjusted ending balance

Vault cash

Ending balance per UMB Bank Coronavirus Relief Fund

Ending balance per UMB Bank

Difference

Prepared by: tjt

Shawnee County Treasurer's Office

February 12, 2021

$ 155,454,918.59

$ 155,454,918.59

$ 82,542.71

$ 6,639.94

$ 0.02

$ 2,027.75

$ 16,341.51

$ 861.25

$ 0.18

$ 108,413.36

$ 2,352,177.19

$ 170.00

$ 1,280,132.48

$ 22,749.09

$ 66.00

$ 11.00

$ 92.25

$ 5,724.50

$ 37,959.00

$ 3,913.77

$ 3,702,995.28

$ 159,049,500.51

$ 4,000.00

356,294.04

158,689,206.47

159,049,500.51

$

February 15, 2021

Shawnee County

Sheriff's Office Sheriff Brian C. Hill

Law Enforcement Center 320 S. KANSAS, SUITE 200

TOPEKA, KANSAS 66603-3641 785-251-2200

MEMORANDUM

To: Board of Shawnee County Commissioners

From: Sheriff Brian C. Hill

Re: Voice Products Maintenance Contract

We will be purchasing a four year maintenance contract with Voice Products Services which covers the interface between the phone and radio recording system to our Priority Dispatch software.

This interface allows us to conduct quality assurance on all incoming calls in order to examine training needs and provide constructive feedback to our Communication Specialists.

The maintenance contract covers January 1, 2021 through December 31, 2024 at a total cost of $4,892.00 and will be paid out of budgeted funds.

Please place this on your February 25, 2021 consent agenda.

Sincerely, '

&:-'-tw Brian C. Hill, Shawnee County Sheriff

·voiceProduct Servic VOICE • VIDEO • DATA

SERVICE CONTRACT

BETWEEN

Shawnee Co Emergency Communications

And

VOICE PRODUCTS SERVICE, LLC

Regarding the Equipment installed at:

320 S. Kansas Ave, Ste 300 Topeka, KS 66603

VOICE PRODUCTS SERVICE, LLC 8555 East 32"d Street North

Wichita, KS 67226 (316) 616-1111

FAX(316)263-1823

SHAWNEE COUNT_'( CONTRACT~ c: 'f0-;(0:(/

VoiceProduct Servic V 0 ICE VIDE 0 DATA

SERVICE CONTRACT

This contract is between VOICE PRODUCTS SERVICE, LLC, 8555 East 32nd Street North, Wichita, KS 67226, which shall include the authorized representatives of VOICE PRODUCTS SERVICE, LLC and Shawnee Co Emergency Communications, hereinafter referred to as the Customer. The terms "we", "us" and "our" in this contract refer to VOICE PRODUCTS SERVICE, LLC, VOICE PRODUCTS, Inc. and the employees and representatives of those companies. This contract covers the Equipment described in proposal number AR98950 and is attached to and is a part of this contract.

VOICE PRODUCTS SERVICE, LLC is the obligor on this contract but will not perform any repair services. Instead VOICE PRODUCTS SERVICE, LLC will pay for the repair services provided by VOICE PRODUCTS, Inc. based upon the coverage terms in the contract.

WHEREBY IT IS AGREED AS FOLLOWS:

Conditions of Equipment at Commencement of Contract:

VOICE PRODUCTS, Inc. represents and warrants that the Equipment operates within the manufacturer's specification and has been comprehensively inspected by a qualified engineer, trained and skilled in the performance of the specific services invoiced, and delegated by the manufacturer. Furthermore, any coverage or rights of the Customer under any other warranties shall remain in effect, and shall not be mitigated by virtue of this contract.

GENERAL INFORMATION

Normal Service Hours: Normal on-site service hours are 8:00AM to 5:00PM, local time of the Install Location,

Monday through Friday, excluding the holidays listed below. Extended Service Hours are hours outside of the Normal Service Hours. Normal service hours are 8:00AM to 5:00PM central time.

Company Holidays:

• New Year's Day

• Memorial Day

• Independence Day

• Labor Day

• Thanksgiving Day

• Day after Thanksgiving

• Christmas Day

In the event that a holiday falls on a weekend, we reserve the right to designate a weekday as a holiday for

employees.

Form Revision Date March 8, 2017 Page 2 of 13

·voiceProdu Service. V 0 C E V! DEO DATA

How to Report an Issue: Customer will report technical issues with Equipment or software to the VOICE PRODUCTS, Inc. Help Desk. Trouble tickets may be opened via telephone contact by dialing (800) 466-1152 or (316) 616-1111. If calling outside of normal service hours an on-call Product Support Engineer will be paged. If your preference is for VOICE PRODUCTS, Inc. to wait until the next business day to address the issue, please indicate so when you call. Customer may also report issues by email to [email protected].

We kindly ask that you do not attempt to contact a Product Support Engineer directly.

Customer's Designated Contact should be prepared with the following information when reporting an issue:

1. Serial number of Equipment with issue being reported (if applicable) 2. Steps Customer has taken to troubleshoot and attempt to resolve before contacting VOICE PRODUCTS,

Inc. 3. Specific error message being received. (if applicable) 4. Specific agents not being recorded, with agent IDS, extensions, channels (if applicable) 5. Instructions on what to do if reboot is required (e.g., authorized to reboot or Product Support Engineer

must get authorization before rebooting) 6. If calling about an existing ticket, provide the ticket number.

The Product Support Engineer will triage the initial symptoms reported. If necessary, the engineer will remote into the Customer's system to conduct remote diagnostics as well as continue to try and resolve the issue over the telephone. If an issue appears to be product software related, a ticket with the manufacturer may be opened.

The Technical Services Manager will determine if an on-site visit is required by a Product Support Engineer to resolve the issue. The Customer will designate at that time the Customer Contact from whom the Product Support Engineer will take direction and who will be the primary communication link while on-site.

When on-site, the Product Support Engineer will communicate directly with the Customer Contact regarding arrival to and departure from premises, work requirements in sensitive locations, and needed Customer assistance.

Before departure the Product Support Engineer will request signature on a service statement, which reports to the Customer Contact the work that has been done and describes any outstanding issues.


·-voiceProduct!; Service, V 0 ICE VIDEO DATA

Severity Levels and Escalation Path:

Severity Levell- "CRITICAL FAILURE"- Any failure of covered items which results in loss of substantial number of recording channels, affected users, or data (audio, screens or both), or if allowed to persist will result in such loss. The loss has been shown to be caused by a defect in covered items. (e.g. Hard drive down, unable to record on one or more systems), and NOT defects in 3'd party products or within the Customer environment.

RESPONSE CATEGORY NORMAL RESPONSE TIMES Call Back Response Time Sixty {60) minutes after receipt of call from Customer's authorized

representative.

On-Site Response Time These issues are typically corrected via remote access to the system. If not

able to resolve remotely and if final diagnosis of issue reveals a need for on-site personnel, an on-site visit will be scheduled.

Level of Service Reasonable effort until the issue is resolved or a work around is provided. The resolution process is ongoing until the issue is solved. Critical failures

are typically resolved within 24 hours.

Severity Level 2- "LIMITED FUNCTIONALITY"- The majority of the users at a Customer's site are affected, but the issue does not affect the system functionality. The issue has a high visibility and although there may be a work around, performance may be degraded or functions limited. Issue may be due to a non-critical part failure or software malfunction. Level 2 issues frequently require manufacturer involvement, and occasionally require manufacturer R&D -level involvement, which may take longer to resolve. (e.g., evaluation form is unavailable, reporting is unavailable).

RESPONSE CATEGORY NORMAL RESPONSE TIMES Call Back Response Time Two (2) Hours after receipt of call from Customer's authorized

representative.

On-Site Response Time These issues are typically corrected via remote access to the system. If not

able to resolve remotely and if final diagnosis of issue reveals a need for on-site personnel, an on-site visit will be scheduled.

Level of Service Reasonable effort until the issue is resolved or a work around is provided. The resolution process is ongoing until the issue is solved.


·voiceProduct Service, V 0! C E VIDEO DATA

Severity Level 3- "WORK IMPEDING OR INCONVENIENT"- A single user or small percentage of users are affected, or the issue has limited visibility.

RESPONSE CATEGORY NORMAL RESPONSE TIMES

Call Back Response Time Within 24 hours after receipt of call from Customer's authorized representative.

On-Site Response Time Typically resolved via remote system access

Level of Service The resolution process is ongoing until the issue is solved.

Severity Level4-" WORK UNIMPEDED"- Request for technical correction when not service impacting. Users are not immediately affected.

RESPONSE CATEGORY NORMAL RESPONSE TIMES

Call Back Response Time Within 48 hours after receipt of call from Customer's authorized representative.

On-Site Response Time Typically resolved via remote system access

Level of Service The resolution process is ongoing until the issue is solved.

Escalation Contact Table

NAME TITLE EMAIL ADDRESS PHONE NUMBER

Donna Dill IT Manager I Service ddill@voice~roducts.com (316) 616-1111 X 214 Manager Dictation

Systems Gary Beaty Regional Voice and [email protected] (316) 616-1111 X 330

Video Logging Manager

Stuart Peters Vice-President and SQeters@voice~roducts.com (316) 616-1111 X 211 CFO

Dean Tullis President and CEO [email protected] (316) 616-1111 X 212


··voiceProducts Service, VOl C E VIDEO DATA

What Level of Support does my Service Contract Provide? Annual support coverage will be in accordance with the Service Contract purchased.

Gold

• Remote Diagnostics (Monday-Friday 8-5 CST, excluding holidays)

• On-site Hardware Support- Parts and Labor (Monday-Friday 8-5 local time, excluding holidays)

• On-site Software Support- Labor (Monday-Friday 8-5 local time, excluding holidays)

• Travel Expenses included for support visits. (Monday-Friday 8-5 local time, excluding holidays)

• After hours Remote Diagnostics, Hardware Support and Software Support at hourly rates.

• After Hours Support- $37S.OO per hour. 1 hour Minimum. • Holiday and Weekend Hours Support- $500.00 per hour. 1 hour Minimum.

1. Repair and Replacements

In the event of any equipment failure during the term of this contract, VOICE PRODUCTS SERVICE, LLC will pay to repair or replace all defective components. Such repair or replacement shall be at no additional charge to the Customer except if caused by accident or negligence or improper use on the part of any person other than the staff of VOICE PRODUCTS SERVICE, LLC or VOICE PRODUCTS, Inc .. , or if caused by unsuitable electricity supply. All defective component parts so replaced shall become the property of VOICE PRODUCTS SERVICE, LLC. All repair parts shall be new or warranted as new.

2. Limits of Liability

Except as herein expressly stated, we shall not be liable for consequential loss, damage, or injury arising from any stoppage, breakdown, or failure of the Equipment, except where caused by the negligence of or breach of this contract by us or our failure to exercise reasonable skill and care in carrying out any work pertinent to this contract, but we shall use our best endeavors to remedy any stoppage as promptly as we are able and likewise shall use our best endeavors to keep the Equipment in good working order. If, however, personal injury or damage to property is caused by our negligence then we shall accept liability. For any single claim, the limit of liability under this contract is the lessor of the cost of (1) authorized repairs or (2) replacement with a new or refurbished product of like kind and quality that is of comparable performance. The total liability under this contract is the current market value of the equipment, as determined by us, not to exceed the original purchase price of your equipment, including taxes. Technological advances may result in a replacement product with a lower selling price than the original product.

3. Property of VOICE PRODUCTS, INC. Service materials, tools, documentation, diagnostics, test equipment and software, etc. provided by us shall remain the exclusive property of VOICE PRODUCTS, Inc.


·voiceProducts Service, VOl C E VIDEO DATA

4. Customers Responsibilities

.. A.

B .

c.

D.

E.

F.

G.

H.

I.

J.

K.

Keep and operate the Equipment in a proper and prudent manner and at the same location within the United States, readily accessible to our personnel.

Promptly notify us at the above address of any change in location of the Equipment.

Make all payments due hereunder to VOICE PRODUCTS SERVICE, LLC at the address above stated within 30 days of the date on which such payments are expressed to be payable hereunder.

Promptly notify us of faults, service issues or defects in the Equipment.

Provide an adequate and suitable electricity supply in accordance with advice given by VOICE PRODUCTS, Inc. to the Customer in the sales proposal.

Do such maintenance as is required for normal day-to-day operation. Maintenance is specified in the manual provided with the Equipment.

Use only those materials and supplies (including lubricants) approved by VOICE PRODUCTS, Inc. or approved by the manufacturer.

Provide our service personnel full and reasonable access to the equipment Location(s) for the purpose of performing service.

Provide a safe working environment for our service personnel.

Provide us with reasonable access to and use of any machines, attachments and/or communications facilities (at no charge) which are necessary to facilitate service.

Maintain and control proper site environmental conditions and perform any routine maintenance procedures (such as cleaning of Audio Drives and air filters) as prescribed in manufacturer's operations manual pertaining to the Equipment. With the exception of the routine procedures referenced in this section, Customer shall not perform, or cause to be performed any alterations to the System without our prior approval.

L. Provide remote access for our remote troubleshooting and help desk support.

M. Perform system administration (e.g., performing moves, adds and changes, defining user status and system permissions, changing and labeling audio tapes); completed system administration training for on-site administrators is mandatory.

N. Contact us prior to installation of other third party software (such as anti-virus software) to

confirm compatibility with the Customer's system.

0. Contact us before making changes or modifications to System logins and passwords.

P. Contact us before making changes to systems that integrate with your System (e.g., switch upgrades, CTI servers, network or firewall changes) to determine if there are implications to your

system.


VoiceProdu Service. V 0 ICE VI OEO DATA

Q. Ensure Customer's designated contact(s) is (are) fully trained on proper administration, use and functionality of the system.

R. Use best efforts to conduct issue triage before reporting issues.

S. Provide regular and frequent communication to VOICE PRODUCTS to assure proper understanding of Customer issues and provide feedback to VOICE PRODUCTS with confirmation that an issue has been resolved.

T. Customer is responsible for protection of the system from virus/malware infection. Any service hours attributable to a system infection will be billed at VOICE PRODUCTS, Inc.'s prevailing hourly rate, subject to availability of VOICE PRODUCTS, Inc.'s service personnel.

5. Our Responsibilities

VOICE PRODUCTS SERVICE, LLC in cooperation with VOICE PRODUCTS, Inc. will provide the following:

A. Maintain a technical support center with a twenty-four hour help desk, seven (7) days a week, 365 days a year that allows Customer to report that the system has malfunctioned or is inoperative.

B. Once the Customer has placed a service request, and prior to any on-site work, we will work with . the Customer to remotely troubleshoot and resolve the issue with the Customer. For technical issues that cannot, in our judgment, be resolved remotely, we will dispatch an authorized representative to provide on-site technical support.

C. Using all responsible diligence to correct verifiable and reproducible errors to the software when reported to us in accordance with our standard reporting procedures. Upon verifying that an error is present, we shall work along with the manufacturer in such a manner which is necessary toward correction of the error.

D. Furnishing parts and software changes including manufacturer software patches or service packs are necessary to maintain the Equipment in good working condition; also including replacement of hardware components upon determination by us that hardware failure has occurred. Customer shall return the failed hardware component to VOICE PRODUCTS, Inc. within fifteen (15) days of receipt of the replacement component or return the defective unit to a VOICE PRODUCTS, Inc. Engineer who may be on-site.

E. Dispatching service personnel on-site to the Equipment Location(s) when necessary as determined by us. If Customer requests the performance of services that are outside of or in addition to the scope of services covered under the Service Contract purchased, such services may be furnished by VOICE PRODUCTS, Inc. on a time and materials basis at VOICE PRODUCTS, Inc.'s prevailing hourly rates, subject to availability of VOICE PRODUCTS, Inc.'s service personnel.


·voiceProducts Service{ VOICE VIDEO DATA

F. Limited Warranty. VOICE PRODUCTS shall perform its support services in a professional manner in accordance with accepted industry practice. Our obligations to furnish repairs, parts and materials or correct any errors shall be limited to the terms of this Service Contract and the manufacturer's limited warranty provided at the time of instalL Our obligation to provide support services for the software shall be in accordance with the terms set forth in this Service Contract, such that the software will perform in substantial conformance with the manufacturer's published specifications as amended from time to time. The limited warranty set forth by the manufacturer at the time of purchase shall not be superseded by this Service Contract.

G. In the event Customer requests service for a technical issue that proves not to be caused by an issue or defect in software or hardware covered on the contract, the Customer shall pay to VOICE PRODUCTS, Inc. the appropriate charges for labor and traveL

6. Rates and Charges

A. The yearly charge described in Appendix 1, appended hereto, will become payable to VOICE PRODUCTS SERVICE, LLC at its address stated above on the first day of each contract year.

B. In consideration of the Service to be provided herein, Customer will pay VOICE PRODUCTS SERVICE, LLC or the contracting business partner its Service Contract fees based on the Service Contract purchased. VOICE PRODUCTS SERVICE, LLC reserves the right to change the fees and Ser~ice Contract upon the expiration of the then-current Service support term, provided that, no such change will be effective until thirty {30) days after VOICE PRODUCTS SERVICE, LLC has given Customer notice of such change.

C. Additional Equipment: Additional Equipment and software acquired by Customer from VOICE PRODUCTS during the term of this policy will be automatically added to list of covered hardware and software following the installation of Equipment and/or software. Allowing for a 90-day warranty period on new Equipment and software, VOICE PRODUCTS SERVICE, LLC will issue an invoice on a coterminous basis for the prorated support fee.

D. Manufacturer Hardware/Software Obsolescence: In the event there is a failure of any of the installed hardware or software components that are no longer manufactured by or supported by the manufacturer, VOICE PRODUCTS SERVICE, LLC will compute the remaining amount of the Support purchased which covers the Equipment, software or part in question and to apply said amount as a discount toward the purchase of a new Service Contract.


··voiceProduct V 0 ICE VIDE 0 DATA

7. Variation of Charges

A. If the Equipment is added to or altered, then VOICE PRODUCTS may make appropriate variations in the charges payable under Clause 6 above. Any such variations shall be subject to Customer's approval, which shall not be unreasonably withheld.

8. Alterations

The Customer shall not, in any circumstances, alter or add to the Equipment and/or software without our consent (which shall not be unreasonably withheld).

9. Defaults

If the Customer shall fail to make payment, as defined in Clause 4c, or if either party shall be in continual or material breach of its obligations hereunder, the other party may forthwith, by written notice, terminate this contract without prejudice to pre-existing rights.

10. Force Majeure

Neither party hereto shall be under any liability for failure or delay in performing their respective obligations hereunder which are attributable to causes beyond the relevant party's reasonable control, each party acting reasonably and using its best efforts, based on good faith, to perform such obligations.

11. Confidentiality

VOICE PRODUCTS shall not disclose any information about the Customer, its business, or its customers to any third party without the prior consent of the Customer. For the purpose of this clause, customer shall include any partner of or body associated with the Customer, and/or any affiliate or subsidiary of the user. The foregoing obligation of confidentiality shall survive any termination of this contract.

12. Excluded From Coverage

Service to be provided under this Service Contract does not include services for repair of damage, replacement of parts, correction of errors or defects, or increase of service time attributable to the following reasons:

A. Any issues resulting from the misuse, improper use, abuse, alteration, or damage of the System.


·voiceProducts Service, VOl CE VIDEO DATA

B. Any issues caused by modifications in any versions of the software not made or authorized in writing (in advance) by VOICE PRODUCTS, INC. or the manufacturer.

C. Any issues resulting from the combination of the System with such other programming, Equipment or materials not supplied by VOICE PRODUCTS, INC. or to the extent such combination has not been approved in writing by VOICE PRODUCTS, INC. or the manufacturer.

D. Any issues resulting from the Customer or operation of the system for purposes for which it was not designed.

E. Issues resulting from unusual physical or electrical stress (such as power, UPS or air conditioning failure), accident, neglect or acts of nature. Electrical work external to and not connected with any covered Products.

F. Moves, add and changes requested by Customer. These functions should not be performed by the Customer without prior approval by VOICE PRODUCTS, INC.

G. Software version upgrades which provide substantially modified functionality to the original installed system such that it is considered by the manufacturer to be a new product or new version release; such product or new version release upgrades may be subject to an additional charge, based on the products purchased.

H. Relocation of Equipment. Upon request of Customer, VOICE PRODUCTS, INC. will provide a price quotation for relocating the Equipment to a new site. In the event the Equipment is moved or relocated by other than VOICE PRODUCTS, INC. personnel, VOICE PRODUCTS, INC. shall have the right to evaluate the Equipment and its new site and environmental conditions as a condition for continuing maintenance on the Equipment, and to bill Customer at its then prevailing rates for such inspection and any labor, materials and adjustments which, in VOICE PRODUCTS, INc.'s opinion, are necessary to restore the Equipment to good operating condition.

I. Requirements for VOICE PRODUCTS, INC. to go on-site to resolve an issue because remote access was not provided by Customer. If, in our judgment, the work could have been completed remotely, Customer will be charged time and material rates for this work.


·voiceProducts Service, VOICE • VIDEO • DATA

APPENDIX 1

SCHEDULE OF SERVICE TIMES AND CHARGES AUTHORIZED SIGNATURES

Level of Service Purchased:

(as defined in General Information)

General SERVICE CONTRACT Software and Hardware

Four Year (4) GMA $4,892.00

Duration:

Month Day Year to Month Day Year January 1 2021 December 31 2024


.,

·voiceProd Servic V 0 ICE V I D E 0 • D .f\ T ;\

Shawnee Co Emergency Communications AH98950 _.,..,..,,.

Signature

tt ,· l' Print Name

Title

Date

Receipt of payment by VOICE PRODUCTS SERVICE, LLC from the Customer constitutes acceptance of terms of the service contract by the Customer.

Form Revision Date March 8, 2017

VOICE PRODUCTS SERVICE, LLC 8555 East 32"d Street North

Wichita, KS 67226 {316) 616-1111

FAX (316)-263-1823

Page 13 of 13

KANSAS DISTRICT COURT STEPHANIE A THEEL Director

MEMO

Shawnee County Courthouse Department of Court Technology

200 SE 7th Street, Suite 305 Topeka, Kansas 66603-3922

Phone: (785)251-6777 Fax: (785) 251-4962

To: Board of County Commissioners

From: Stephanie Theel, Director Court Information Systems


Re: Oracle Database Annual Support Contract

APRIL EASTON DBAIRHEL System Admin

Attached is a quote from Oracle for the 2021 database software maintenance contract. Oracle is use to save, index and retrieve court information including documents, personnel records, court business processes, and public access.

With the consent of the Board of County Commissioners, the software license will be applicable for one year and is billed as onetime fee of $6,826. 51. Monies have been budgeted for the support in the 2021 budget.

Thank you for your con~ideration in this matter.

Approved: '{)-"'-' ~ Lea awn Welch, Court Adm1mstrator

C>RA.CLE"

SHAWNEE COUNl l CONTRACt ~ Cj.f-~ <)~}

TECHNICAL SUPPORT SERVICES RENEWAL ORDER

GENERAL INFORMATION

OFFER EXPIRATION ORACLE: Oracle America, Inc.

Support Service 1652193

Oracle Contact Information: Number: Oracle Premier Support Digital Renewal Center

Offer Expires: 25-Feb-21 Call: 1-888-545-4577 Chat: Qhat O!J M~ ~UQQQrt Renewals Request Assistance: CliQk to Regue~t A§~il:!ta!JQ~

CUSTOMER: SHAWNEE COUNTY DISTRICT COURT

CUSTOMER CUSTOMER QUOTE TO BILL TO

Account Contact: Stephanie Theel Account Contact: Stephanie Theel

Account Name: SHAWNEE COUNTY

Account Name: SHAWNEE COUNTY

DISTRICT COURT DISTRICT COURT

Address: SHAWNEE CO

Address: 200 SE 7th COURTHOUSE 200 SE SEVENTH Suite 305 SUITE 406 TOPEKA TOPEKA KS 66603 KS 66603 United States United States

Telephone: 785233-8200414 7 Telephone: 785-233-8200 x414 7

Fax: Fax:

E-mail: [email protected] E-mail: [email protected]

''You" and "Your'' as used in this renewal order, refer to the Customer listed above.

Please take a minute to make sure the email information entered above is correct. Your email address is particularly important because Oracle may email You certain notices about technical support services. If You need to make any changes to the Customer information above, You can either login to your~ Support Renewals account and select "Update Quote to Information" to edit Your "Quote To" information and You can edit Your "Bill To" information at check out. Alternatively, this information can be updated by providing Your current information along with Your support service number 1652193, to Oracle per the

General Information section above.

Page 1 of 6

RL_Giobal_v030519

Support Service Number: 1652193

ti; i! t:. If ~ . f! ,, ~~ r:

It It L, :. ,. '' ~~ ri ,. i; I :j, 1 i ' I ~

I II ! I ~ I ill, ' I

SERVICE DETAILS

Program Technical Support Services Service Level: Software Update License & Support

Product Description CSI# Qty License License Start Date End Date Price Metric Level/

Type

Oracle Database Standard Edition - Processor Perpetual

3772734 FULL USE 26-Feb-21 25-Feb-22 3,468.02

Oracle Database Standard Edition - Processor Perpetual

NOTES

14794363 FULL USE 26-Feb-21 25-Feb-22 3,358.49

Program Technical Support Fees: USD 6,826.51

Total Price: USD 6,826.51

Plus applicable tax

• If Oracle accepts Your renewal order, the start date set forth in the Service Details table above shall serve as the commencement date of the technical support services and the technical support services ordered under this renewal order will be provided through the end date specified in the table for the applicable programs and/ or hardware ("Support Period").

• If any of the fields listed in the Service Details table above are blank, then such fields do not apply to Your renewal.

Page 2 of6 Support Service Number: 1652193

RL_Giobal_v030519

.I j,

I t I

, I

I

i I

TECHNICAL SUPPORT SERVICES TERMS

If the Customer and the Customer Quote To name identified in the General Information table above are not the same, SHAWNEE COUNTY DISTRICT COURT represents that Customer has authorized SHAWNEE COUNTY DISTRICT COURT to execute this renewal order on the Customer's behalf and to bind the Customer to the terms contained in this renewal order. SHAWNEE COUNTY DISTRICT COURT agrees that the services ordered are for the sole benefit of Customer and shall only be used by Customer. SHAWNEE COUNTY DISTRICT COURT agrees to advise Customer of the terms of this renewal order as well as any communications received from Oracle regarding the services.

If the Customer and the Customer Bill To name identified in the General Information table above are not the same, Customer agrees that: a) Customer has the ultimate responsibility for payments under this renewal order; and b) any failure of SHAWNEE COUNTY DISTRICT COURT to make timely payment per the terms of this renewal order shall be deemed a breach by Customer and, in addition to any other remedies available to Oracle, Oracle may terminate Customer's technical support service under this renewal order.

Technical support is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs and/or hardware during the period for which fees for technical support have been paid. You should review the technical support policies prior to entering into this renewal order.

The current version of the technical support policies may be accessed at http://www.oracle.com/us/support/policieslindex.html.

The technical support services renewed under this renewal order are governed by the terms and conditions of the applicable agreement identified below ("agreement"):

• The agreement that You executed for technical support services for the programs and/or hardware listed in the Servi~e Details section above with Oracle or a vendor acquired by Oracle. Any use of the programs and/or hardware, which includes updates and other materials provided or made available by Oracle as a part of technical support services, is subject to the rights granted for the programs and/or hardware set forth in the order in which the programs and/or hardware were acquired; or

• If You do not have an existing agreement for technical support services with Oracle, You agree that the terms of the Online Transactional Oracle Master Agreement located at https://www.oracle.com/corporate/contracts/contract-documents/master-agreement.html, that is in effect at the time You accept Your renewal order, govern the provision of technical support services ordered under this renewal order, as well as Your rights to use updates and other materials provided or made available by Oracle under technical support services. If applicable, You should review the Online Transactional Oracle Master Agreement prior to entering into this renewal order.

This renewal order incorporates the agreement by reference. In the event of inconsistencies between the terms contained in this renewal order and the agreement, this renewal order shall take precedence.

Page 3 of6 Support Service Number: 1652193

RL_ Global_ v030519

RENEWAL PROCESSING DETAILS

Please renew the technical support services on this renewal order on My Support Renewals.

If You are unable to renew using My Support Renewals, You can renew using the options below. Your renewal order is subject to Oracle's acceptance. Your renewal is considered complete when You provide Oracle with payment details for the renewal as detailed below or an executed Oracle Financing contract. Once completed, Your renewal cannot be cancelled and Your payment is nonrefundable, except as provided in the agreement. Oracle will issue an invoice to You upon receipt of a purchase order or a form of payment acceptable to Oracle.

Please note that if the pre-tax value of this renewal is USD $2,000 or less, the technical support services ordered must be paid by credit card; or You must renew Your support on My Support Renewals.

Technical Support fees are invoiced Quarterly in Advance. All fees payable to Oracle are due within 30 NET from date of invoice.

You agree to pay any sales, value-added or other similar taxes imposed by applicable law, except for taxes based on Oracle's income. If SHAWNEE COUNTY DISTRICT COURT is a tax exempt organization, a copy of SHAWNEE COUNTY DISTRICT COURT's tax exemption certificate must be submitted with SHAWNEE COUNTY DISTRICT COURT's purchase order, check, credit card or other acceptable form of payment.

PAYMENT DETAILS

Purchase Order If You are submitting a purchase order for the payment of the renewal of the technical support services on this renewal order, the purchase order must be in a non-editable format (e.g., PDF) and include the following information:

Support Service Number: 1652193 Total Price: USD 6,826.51 (excluding applicable tax) Local Tax, if applicable

In issuing a purchase order, SHAWNEE COUNTY DISTRICT COURT agrees that the terms of this renewal order and the agreement supersede the terms in the purchase order or any other non-Oracle document, and no terms included in any such purchase order or other non-Oracle document shall apply to the technical support services renewed under this renewal order.

Please contact Oracle per the General Information section above to issue Your purchase order.

Credit Card If You wish to use a credit card to pay for the renewal of the technical support services on this renewal order, please contact Oracle per the General Information section above. Please note that Oracle is unable to process credit card transactions of USD $100,000 or greater or transactions that are not in USD.

Payment Confirmation If You cannot pay using any of the payment methods described above, please complete this payment. confirmation and submit it to Oracle. Please initial the following statement that best applies to You.

__ SHAWNEE COUNTY DISTRICT COURT does not issue purchase orders. SHAWNEE COUNTY DISTRICT COURT does not require a purchase order for the services

ordered hereto.

Page4 of6 Support Service Number: 1652193

RL_Giobal_v030519

II I Ji.r. I :!

SHAWNEE COUNTY DISTRICT COURT certifies that the information provided above is accurate and complies with SHAWNEE COUNTY DISTRICT COURT's business practices in entering into this renewal order, including obtaining all necessary approvals to release the funds for this renewal. In issuing this payment confirmation, SHAWNEE COUNTY DISTRICT COURT agrees that the terms of this renewal order and the agreement shall apply to the technical support services ordered under this renewal order. No terms attached or submitted with the payment confirmation will apply.

The signature below affirms SHAWNEE COUNTY DISTRICT COURT's commitment to pay for the services ordered in accordance with the terms of this renewal order.

SHAWNEE COUNTY DISTRICT COURT

Authorized Signature

Name

Title

Signature Date

Please contact Oracle per the General Information section above to issue Your Payment Confirmation.

Check If You are submitting a check for the payment of the renewal of the technical support services on this renewal order, the check must include the following information:

Support Service Number: 1652193 Total Price: USD 6,826.51 (excluding applicable tax) Local Tax, if applicable

In issuing a check, SHAWNEE COUNTY DISTRICT COURT agrees that only the terms of this renewal order and the agreement shall apply to the technical support services renewed under this renewal order. No terms attached or submitted with the check will apply.

Checks for technical support services renewed under this renewal order should be sent to:

AK, AZ, CA, HI, ID, NV, OR, UT, WA:

Oracle America, Inc PO Box 44471 San Francisco, CA 94144-4471

All Other States:

Oracle America, Inc PO Box 203448 Dallas, TX 75320-3448

Page 5 of6

RL_Giobal_v030519

Support Service Number: 1652193

February 171h, 2021

SHAWNEE COUNTY Department of

Emergency Management 200 SE 71h Street

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

Errin Mahan, Interim Director

MEMO: Capita/Improvement Projects- Emergency Management

TO: Board of County Commissioners Shawnee County Kansas

FROM: Errin Mahan- Interim Director Shawnee County Emergency Management

Shawnee County Emergency Management requests permission to proceed with the processes to make purchases for Capital Improvement Projects in the amounts of:

CIP18 Radio Sustainment Alternate CIP20 Vehicle Consoles CIP21 Bi-Directional Amplifier for EOC

$18,876.19 $17,781.00 $31,000.00

As is evident from the dates of approval, there has been a delay in certain projects for which the explanations below will serve to answer.

• Radio Sustainment Alternate In December 2017, the Board of County Commissioners approved three Capital Improvement Projects for Emergency Management for FY18. Because of the size of the projects, and time needed to implement three of the projects, the final project was held off to ensure there was enough funding available to the higher priority projects. With the completion of the three previous projects, the fourth was next put on hold in accordance with a directive from the Director of Administrative Services due to the Covid-19 emergency that is still in progress. With the other projects coming in underbudget through various efficiencies, the monies will be put towards this project for implementation of a PTT L TE lnteroperability system in the EOC. Emergency Management has since been informed that projects can now proceed.

• Vehicle Consoles In December 2019, the Board of County Commissioners approved a Capital Improvement Project (small project CIP) for Emergency Management for FY20. This project is for configuration of consoles inside each of the Emergency

Emergency Management CIP

Management mobile units. Emergency Management has since been informed that projects can now proceed.

e Bi-Directional Amplifier In December 2020, the Board of County Commissioners approved a Capital Improvement Projects for Emergency Management for FY21 for purchase and installation of an updated Bi-Directional Amplifier (BOA) for the EOC. Emergency Management has since been informed that projects can now proceed.

Emergency Management hereby requests authorization to issue RFP's, solicit quotes and start the processes for these purchases in accordance with the Shawnee County Purchasing Policy.

Once quotes, RFP or other required documents are received, the items will return to the Board of County Commissioners for final approval to make the purchases.

Please contact me or Deputy Director Scott Garcia for any questions.

###

Page 2 of 2

Shawnee County DEPARTMENT OF HUMAN RESOURCES

Angela K. Lewis, Director 200 SE ih, Room B-28 Topeka, Kansas 66603 Phone: (785) 251-4435

Fax (785) 251-4901, www.snco.us

MEMORANDUM

TO: Board of County Commissioners

FROM: Angela K. Lewis, Director of Human Resources

DATE: February 18, 2021

RE: Surency Flex Contract Amendment

Please place this item on the Thursday, February 25, 2021 agenda for the regularly scheduled

meeting of the Board of County Commissioners.

Please consider approval of the contact amendment with Surency to provide Flexible Spending services to Shawnee County. The amendment to the contract will allow employees to carry over additional funds from 2020 into 2021 for both Health and Child Care FSA accounts. The agreement has been reviewed and approved as to form and legality by the County Counselor's

office.

Please feel free to contact me at ext 4440 if you have any questions on this item.

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

~ Surency 2021 COVID-19 TEMPORARY CHANGE FLEX REQUEST NOTIFICATION FORM

Employer Information

Shawnee County Name of Company

200 SE 7th Rm 8-28 Street Address

785-251-4435 Phone Number

Lewis, Angela, K Contact Name (Last, First, Ml)

Topeka, KS 66605 City, State, ZIP

[email protected] Email

Plan Year Begins: _1_11_12_0_2_1 __________ ~ Plan Year Ends: _1_21_3_11_20_2_2 ______ ;..._ _ __ _

Permit members to change their Premium Only Plan (POP) elections? [J Yes 0 ·No

Temporary Change Request(s) (Please mark all that apply.J

Health Care Flexible Spending Account (Health FSA) 1 Limited Purpose Flexible Spending Account (Limited Purpose Health FSA)

0 Allow member who ceases to be a participant, due to termination of employment, to maintain eligibility for reimbursement from Health Care FSA until days after they were last active or days after Plan Year End.

0 Allow members to make a new election if they initially declined coverage; Allow members to end coverage if they make a new election In a different health plan; and Allow members to make a one-time change to Increase or decrease their election. (Note: Decrease of election can not be less than the amount of Salary Reductfon deductions to date OR the amount reimbursed from the account, whichever Is greater.)

0 Allow a Temporary Extension to Incur Claims to allow for expenses incurred through December 31, 2021.

IZI Allow members to carryover 100% (up to 100%) of unused funds from Health Care FSA.

Dependent Care Flexible Spending Account (DC FSA)

D Allow members to make a new election ifthey initially declined coverage; Allow members to end coverage; Allow members to make a one-time change to Increase or decrease their election. (Note: Decrease of election can not be less than the amount of Salary Reduction deductions to date OR the amount reimbursed from the account, whichever Is 1reater.)

0 Allow a Temporary Extension to Incur Claims to allow for expenses incurred through December 31, 2021.

0 Allow members to carryover 100% (up to 100%) of unused funds from Dependent Care FSA. The maximum age for eligible depe~dents will change from 13 to 14 years old.

Allow member who ceases to be a participant, due to termination of employment, to maintain eligibility D for reimbursement from Dependent Care FSA until days after they were last active or __ _

days after Plan Year End.

Comments/Notes:----------------...:......-----------------

Change Request Authorization

I acknowledge as an Employer Representative that this Cafeteria Plan Change Request Notification Form should be processed for the reason(s) selected above and that I have the a to make those changes.

Angela K. Lewis 01/13/2021 Employer Representative Printed Name

Amendment to Shawnee County Cafeteria Plan

SHAWNEE COUNT~ CONTRACT ~C 'lJ ... ;zoa \

This Amendment to Shawnee County Cafeteria Plan ("the Plan") is adopted by Shawnee County ("Employer"), effective as of December 31, 2020.

In response to the Consolidated Appropriations Act of 2021 providing temporary relief for Cafeteria Plans due to COVID-19, the Plan is amended temporarily as follows:

A. The Title Page, the following sentence is added:

Amended Plan for Temporary Relief Effective December 31, 2020.

B. Section 1.1, Establishment of the Plan, shall read as follows :

This Plan Document q_mends the Shawnee County Cafeteria Plan (the "Plan"), which was originally effective on January 1, 2009 (the "Effective Date"). This amended Plan for Temporary Relief under Consolidated Appropriations Act of 2021 is effective December 31, 2020.

C. Section 2, General Information shall read, in part, as follows:

Plan Effective Date Original Plan Effective Date: January 1, 2009 Amended Plan Effective Date: December 30, 2020 Amended Plan for Temporary Relief Effective Date: December 31, 2020

D. The following section is added following Section 6, Irrevocability of Elections and Exceptions:

- t I' • '

- 'l- I ; I r :\ :,._, • I:;_. - '. - I ' ."' I I. r: 1 :,., ~ • i: I I • + I • I -~ • -

6A.1 Temporary Waiver of Health FSA Carryover Limit

• Special Rules for Health FSA Carryover during the Temporary Waiver Period. The Employer has the discretion to waive the Health FSA carryover limit and permit carryover of all Unused Health FSA Balance as follows:

o Health FSA Carryover Amount. Notwithstanding Section 5.3, a Participant is entitled to carry over Unused Health FSA Balance remaining as of the end of a given Plan Year, determined as of 60 days following the end of the Plan Year to pay Health Care Expenses incurred in the succeeding Plan Year without having to enroll during the Open Enrollment Period subject to the following conditions below.

SCDHG9-012 (Rev. 01.06.2021)

• A Participant may elect to waive or decline any unused amount of the Health FSA Carryover prior to the current Plan Year by providing written notice to the Plan Administrator.

• If a Participant fails to complete a Salary Reduction Agreement within the Open Enrollment Period for the succeeding Plan Year as described in the Elections paragraphs as discussed in Section 5 for the Health FSA, the Participant retains all rights with respect to any Health FSA Carryover Amount, if any, from the preceding Plan Year, but may not make new elections unless that Participant experiences an event permitting an exception to the Irrevocability Rule under Section 6.

~,

~ /

~ '

• If one or more of the above Special Rules for Health FSA Carryover during the Temporary Waiver Period conflicts with the Plan Document and Summary Plan Description, the terms of this Section shall control during the Temporary Relief Period only.

Guidance. The rules regarding temporary waiver of carryover limits are complicated. The Plan Administrator will interpret these rules in accordance with prevailing IRS guidance, COBRA regulations, Plan Document, and this temporary Plan Amendment. Any factual determinations by the Plan Administrator will be made in its sole discretion on a uniform and consistent basis.

6A.2 Temporary Exception for Dependent Care FSA

Under the Consolidated Appropriations Act of 2021, Participants who have Unused Dependent Care FSA Balance for Qualifying Individuals who reached age 13 during the last Dependent Care FSA Plan Year for which the open enrollment period ended on or before January 31, 2020, may continue to treat the Qualifying Individual as eligible up to age 14 for the remainder of that Plan Year. If that Participant has Unused Dependent Care FSA Balance remaining at the end of that Plan Year, that Participant may use that Unused Dependent Care FSA Balance in the following Plan Year until the Qualifying Individual turns age 14.

If the above permitted temporary Dependent Care FSA exception conflicts with the Plan Document's Qualifying Individual rules, the terms of this Section shall control during the Temporary Relief Period only.

Guidance. The rules regarding temporary extension of Dependent Care FSA is complicated. The Plan Administrator will interpret these rules in accordance with prevailing IRS guidance, Plan Document, and this temporary Plan Amendment. Any factual determinations by the Plan Administrator will be made in its sole discretion on a uniform and consistent basis.

E. The Glossary, the listed definitions are either modified or added:

Effective Date of the original Plan shall be January 1, 2009. Effective Date of the amended Plan shall be December 30, 2020. Effective Date of this amended Plan for Temporary Relief under Consolidated Appropriations Act of 2021 is effective December 3!, 2020.

Temporary Relief Period is the period beginning on December 31, 2020 and ending on December 30, 2021.

Unused Dependent Care FSA Balance means the unused Dependent Care FSA amounts remaining at the end of the Plan Year for which the open enrollment period ended on or before January 31, 2020.

F .. Temporary Amendment. This Amendment provides temporary relief under Consolidated Appropriations Act of 2021 and is effective through December 30, 2021 only. This Amendment will automatically terminate at 11:59 p.m. on December 30, 2021 and the Plan's terms will revert back to the terms stated in the Plan Document and Summary Plan Description as of December 30, 2020 unless the Plan's terms are subsequently amended in a successive amendment.

SCDHG9-012 (Rev. 01.06.2021}

To evidence Shawnee County's adoption of this Amendment to the Shawnee County Cafeteria Plan, Shawnee County has signed this Amendment on this __ day of 2021.

Shawnee County

By:. ______________ ~-----------------

Its: _________________________________ _

Attest:. _________________ _

Its: __________________ _

SCDHG9-012 (Rev. 01.06.2021)

Fax 785-251-4941

To:

From:

Date:

RE:

Shawnee County ·AUDIT-FINANCE OFFICE

Suite 201, Courthouse 200 SE 7th Street

Topeka, KS 66603-3903


Betty Greiner, Director of Administrative Services ~k Larry Mah, Shawnee County Treasurer

1

\\

Cyndi Beck, Shawnee County Clerk .

February 19, 2021

Request to issue RFP for banking services

We are requesting your approval to issue a Request for Proposal (RFP) for the banking services for Shawnee County. The last RFP for banking servic·es was issued in 2012 with services beginning in 2013. We would like to receive proposals for a three year agreement with the option for two one year extensions.

Although we have been pleased with the services of our current bank, the current contract period has expired and it is time to issue a. new RFP.

We will be seeking proposals for a full array of banking services including remote capture, lock box and "smart safe" services. K.S.A. 9-1401 requires our depository to have a main or branch office in Shawnee County ..

Proposal will be required to be submitted using our electronic procurement system. ·

The RFP can be found ·at https://rpm365.sncoapps.us/Request!Listing.

Phone 785-251-4307

Memorandum


Shawnee County

Information Technology Room 205, CourthoUse

200 SE 71h Street Topeka, Kansas 66603-3933

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Renewal of Cox Business data network connections in 11 building locations.

The Information Technology department is requesting authorization to renew 11 data network

connections with Cox Business for a three year term. Nine of the circuits are located in Parks

and Recreation building locations, one is located in the Health Department building, and one is

located in the Shawnee County Courthouse.

Funding to support the monthly payments will be provided by the departments that they serve:

Parks and Recreation:

Health Department:

Ten circuits at $119.00/month

(plus a MetraE charge of $265/month at the 300 NE 43rd ST

location and a MetraE charge of $265/month at the 200 SE 7th

location)

One circuit at $119.00/month

Phone 785-251-4030

(s, I.

Oblander, Pat

To: Subject:

Pat Oblander ([email protected]) FW: COX OAT A Agreements

From: Brzon, Jonathan Sent: Friday, February 19, 2021 4:03 PM To: Oblander, Pat Subject: Re: COX DATA Agreements

Approved as to form and legality

JCB

From: Weis, Brian Sent: Tuesday, January 26, 20214:24 PM To: Oblander, Pat Subject: COX DATA Agreements

Here is the finalized copy of the agreements. Surcharges are not included.

10 total sites: PR 9, HA 1 ($50 savings for each site on monthly bill - $169 to $119)

1 courthouse Metro-E ($54 savings $305 to $251) 1 north community center Metro-E ($54 savings $305 to $251)

Parks and the Health agency approved each one. Let me know if you have any questions.

Thanks, Brian

Brian Weis Shawnee County

Telecom Specialist

1515 NW Saline

Topeka, KS 66618 785.251.4989

<COXagreementDATAJan202l.pdf>

1

cox BUSINESS Cox Account Rep: Danielle Janzino Phone Number: 316-260-7307 Fax Number: 877-873-2036

customer Information· :.· .. ·:

Legal Company Name: Shawnee County - Rice Community Center

Street Address: 432 SE NORWOOD ST City /State/Zip: Topeka KS 66607 Billing Address: Citv /State/ZiP: Cox Account #: 580-0358680-01 Merge Bill No

Cox System Address:

SHAWNEE COUNT~ CONTRACt itE C~ -2taj

Commercial Services Agreement 1/25/2021

901 S George Washington BLVD Wichita KS 67211

Authorized customer Representative Illformatitin .. 0 .. :.: .. Full Name:

Billing Contact: 785 251-6976 Fax: Contact Number: Email Address:

Taxes and Fees Not Included

service f'ddress: .4:~2SE NOR.Wooo ST; j-ope~a( KS, ~6607 . .. ·•·· : .. · .. ·_ :.~ ..•.... ·.. .

Service Description

CBI 100 - 100Mbps x 20Mbps Static IP Address 2 Additional IP Addresses

Security Suite - 25 PC Customer Provided Modem

Prev QTY

1 1 1 1 1

Equipment Description

Totals for Shawnee County - Rice MRC: Communitv Center:

New QTY

1 1 1 1 1

$119.00

Senii~e Addr~ss: f6oo NE QUII\ICY ST, T9p~k:~/KS, 66608 ' .: .' '. , ... :·. . . . . ,, . . . ' . . . . . .

Service Description Prev New QTY QTY

CBI 100 • 100Mbps x 20Mbps 1 1 Static IP Address 1 1 2 Additional IP Addresses 1 1 Security Suite - 25 PC 1 1 Customer Provided Modem 1 1


Totals for Shawnee County -Garfield Communitv Center:

Version 09.14.2017

MRC: $119,00

• ;· ··· ~hone: 7s~ 2s:i~697G' · · · • · .'" • ' . .·• .Cox Account: IDi sso~03SS'680~0i '

Unit Term Type Service Charges Price (Months) ·•

$119.00 36 $0.00 24 $0.00 M-M $0.00 24 $0.00 M-M

Quantity

NRC: $0.00

RN RN RN RN RN

Monthly One Time Recurring Activation

&Setup Fees

$119.00 $0.00 $0.00 $0.00 $0.00

Unit Price Total Fee

Equipment Cost: $0.00

Unit Term Type Service Charges Price (Months)

Monthly OneTime Recurring Activation

& SetiJP Fees

$119.00 36 RN $119.00

$0.00 24 RN $0.00

$0.00 M·M RN $0.00 $0.00 24 RN $0.00 $0.00 M-M RN $0.00

Quantity Unit Price Total Fee

NRC: $0.00 Equipment Cost: $0.00

Page 1: 1:10:33 PM

Service Ad~ress: 801 NE POPLAR ST( Topeka,-1(~1 666~6 ··---

-"- .. Service Description Prev

QTY

CBI 100 - 100Mbps x 20Mbps 1 Static IP Address 1 2 Additional IP Addresses 1 Security Suite - 25 PC 1 Customer Provided Modem 1


Totals for Shawnee County.,. Oakland Community Center:

MRC:

,. ._ .. _

New Unit Term QTY Price (Months)

1 $119.00 36 1 $0.00 24 1 $0.00 M-M 1 $0.00 24 1 $0.00 M-M

_Quantity

$119.00 NRC: $0.00

Phone: 7ss'Zs1;.;6953 .- ,_ ':

c6,t Acc~u~1:1o: !iso-os6574t~oi· Type Service Charges

Monthly . OneTime Recurring Activation

&Setup Fees

RN $119.00 RN $0.00 RN $0.00 RN $0.00 RN $0.00



Servi~e Addr~ss: 180() SE 21ST ST; J!>pEika~ KS1 (;66b7 1·-. ·• . .• '• . . . . • .. . .•.

· .- Ph~nei78S 251..;6~~6- _ · _ . __ ._. ·• co:X-Account·io: sso ... os754D1'"'b1

Service Description

CBI 100- 100Mbps X 20Mbps Static IP Address 2 Additional IP Addresses Security Suite - 25 PC Customer Provided Modem Regional Sports Surcharge

Prev QTY

1 1 1 1 1 1


New QTY

1 1 1

1 1 1

Unit Term Price (Months)

$119.00 36 $0.00 24 $0.00 M-M

$0.00 24 $0.00 M-M $0.00 M-M

Quantity

Totals for SHAWNEE MRC: $119.00 NRC: $0.00 COUNTY JHILLCREST COMMCNTR:

serylt:e Addres~; 1534 sw 'cLA v sl", JQPI!k~r KS; 66604 ..... >-. ·:·· ... -.... . -". -.·-..... . ,. __ _ Service Description Prev New

QTY QTY

CBI 100 - 100Mbps X 20Mbps 1 1 Static IP Address 1 1 2 Additional IP Addresses 1 1 Security Suite - 25 PC 1 1 Customer Provided Modem 1 1

E_guipment Description

Unit Price

$119.00 $0.00 $0.00 $0.00 $0.00

Term (Months)

36 24

M-M 24

M-M

Quantity

Totals for CENTRAL PARK COMMUNITY CENTER:

MRC: $119.00 NRC: $0.00

Version 09.14.2017

Type Service Charges


& setup Fees

RN $119.00 RN $0.00 RN $0.00 RN $0.00 RN $0.00

Amendment $0.00



Type service Charges

RN RN RN RN RN

Monthly Recurring

$119.00 $0.00 $0.00 $0.00 $0.00

Unit Price

Equipment Cost:

OneTime Activation &Setup

Fees

Total Fee

$0,00

Page 2: 1:10:34 PM

Service Address: ASt>l ~W SHIJNG4 Djt, TQpelutj KS, ~6614 · ·.. ·Phone: iss-.251-696o: .·•·.~·: ' ; •, > ' .. ' ' ' ' " ' '

Service [)escrlptlon

CBI 100 - 100Mbps x 20Mbps Static IP Address 2 Additional IP Addresses Security Suite - 25 PC Customer Provided Modem

Prev QTY

1

1 1 1 1


New QTY

1

1 1 1 1

Unit Price

$119.00 $0.00 $0.00 $0.00 $0.00

Term (Months)

36 24

M-M 24

M-M

Quantity

Totals for SHAWNEE COUNTY-CRESTVIEW CENTER:

MRC: $119.00 NRC: $0.00

'Cox Ateour\t=Io: s86~hs9s423"'DiY Type Service ·charges

RN RN RN RN RN

',

Monthly Recurring

$119.00 $0.00 $0.00 $0.00 $0.00

Unit Price

Equipment Cost:

One .Time Activation &setup

Fees

Total Fee

$0.0()

i;erviC:e Address: 300 .NE 43rd ST, Topek:a; l<s, 666:17 ' -._.·_' :. ':i ' ' · ... ·,.' .. '·' '' ••.• -.-· ' • ·.

·.- · ·; Phone: 785-251"4989' · · ... ···: :x '< ---'• ·•· Cox·Aeeoullt.ID: 5Sb~OS004B4~oif•

Service Description

Metro E-5Mb UNI Interstate

Prev QTY

1


Totals for Shawnee Countv: MRC:

New QTY

1

$251.00

~ervlce ACid tess: 20(J sE _7TH ST, Jopeka, K~~ 66603 ' ., ,, ,·'

Service Description

Metro E-5Mb UNI Interstate

Prev QTY

1


New QTY

1

Unit Price

$251.00

Term (Months)

36

Quantity

NRC:

Unit Price

$251.00

··:

$0.00

Term (Months)

36

Quantity

Totals for Shawnee County Courthouse:

MRC: $251.00 NRC: $0.00

service Addr'fiiss: 63s.sw:GAGE B!-VPi 'f:oP~k:a; KS, 666Q6 ,' ' '.. -- -- ' - ' ' '. ' ,, ' ' - -- :: .- '

Service Description

CBI 100- 100Mbps x 20Mbps Dynamic IP Address Security Suite - 25 PC Cox WiFi 10 Free Access Accounts

Prev QTY


Totals for Shawnee Countv: MRC:

Version 09.14.2017

New QTY

1

1 1

$119.00

-

Unit Price

$119.00 $0.00 $0.00 $0.00

Term (Months)

36 36 36 36

Quantity

NRC: $0.00

Type

RN

Service Charges

Monthly One Time Recurring Activation

&Setup Fees

$251.00


Eauipment Cost: $0.00

Phone: 7s5.;,so&.;i6oo -··-.. • . ·• - CoxA~~buntlo; SS0~04So'oao~os:·


RN

Monthly Recurring

$251.00

Unit Price

Equipment Cost:

one Time Activation &Setup

·fees

Total Fee

$0.00

Phon~: 7QS.~~1i6103 ·.; • • ·/ :; · cox~Account ID! 58o,:.o72ois7~oE


Monthly 'One. Time Recurring Activation

&Setup ' Fees

New $119.00 New $0.00 New $0.00 New $0.00


Eauipment Cost: . $0.00

Page 3 : 1:10:35 PM

Service Addr.ess: · :2600 SW .East CirCle DRs, Tol)eki!lf KS, 66606

.. ·····. Service Description Prev New Unit Term

(Months) Type Service Charges

QTY QTY Price

CBI 100- 100Mbps X 20Mbps 1 Dynamic IP Address 1 Security Suite - 25 PC 1 Cox WiFi 10 Free Access Accounts 1


Totals for Shawnee County Health MRC: $119.00 Department:

service Address: 2s4o sw (;ase•stvo,''ropeka/K:~/6«$6.14 . . .. . . . . .. . ... · '': . · ............ ·. . ... ~ ... : ·. ;· .. . . . . .. ·:

Service Description Prev New QTY QTY

CBI 100 - 100Mbps x 20Mbps 1 Dynamic IP Address 1 Security Suite - 25 PC 1 Cox WiFi 10 Free Access Accounts 1


Totals for Kossover Tennis Center: MRC: $119.00

I Totals . .for all Accounts.: IMRC: ~1,573.00 jNRC:

Version 09.14.2017

$119.00 36 $0.00 36 $0.00 36 $0.00 36

Quantity

NRC: $0.00

Monthly Recurring

New $119.00 New $0.00 New $0.00 New $0.00

Unit Price

Equipment Cost:

One Time Activation &Setup

Fees

Total Fee

$0.00

•······· •·· :;: Ph<J~~.= !~s, ~~3;.og:3o ~ : ·~~ , .. · . cox Ai::count·ID::sso-osii.'139"'01'

Unit Term Type Service Charges Price (Months)


&Setup Fees

$119.00 36 New $119.00 $0.00 36 New $0.00 $0.00 36 New $0.00 $0.00 36 New $0.00

Quantity Unit Price Total Fee

NRC: $0.00 Equipment Cost: $0.00

~0.00 I Egui~mentCost: ... · ~o;oo ·

Page 4 : 1:10:35 PM

Si>edal Conditions •· .... .. .··

······ .... ··· .. ... ··.···· .· '" :·:. < .

Promotion Details . i ."' . . . ••·. .... . ; .· jj_•.: < .:.,:.·. : .•..••

This Commercial Services Agreement (the "Agreement") includes (i) this paragraph, the language above and Exhibit A (collectively, the "Service Terms"); (II) the terms and conditions set forth at http://ww2.cox.com/aboutus/policies/buslness-general-terms.cox (the "General Terms") and (IIi) any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides set forth at http://ww2.cox.com/business/volce/regulatory.cox ("SG"), State and Federal regulations, the Cox Acceptable Use Policy (the "AUP"), and Cox's Internet Service Disclosures located at www.cox.com/lnternetdisclosures. Exhibit A is attached to and incorporated Into this Agreement by this reference. Customer acknowledges receipt and acceptance of the Service Terms (Including Exhibit A), the AUP, General Terms, and all other referenced terms and conditions by signing this Agreement. By signing this Agreement, Customer accepts that any and all disputes arising out of, relating to or concerning this Agreement and/or the Services shall be resolved through mandatory and binding arbitration unless Customer opts out pursuant to the Dispute Resolution Provision in the General Terms. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not Include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. By signing this Agreement, Customer acknowledges that if (I) the transport Service(s) (e.g. Private Line Type Services, Ethernet Services) cross state boundaries or (ii) at least 10% of traffic on said transport Service(s) is Interstate In nature or designated for Internet traffic, then the entire transport Servlce(s) Is considered Interstate. Customer has reviewed the interstate/intrastate designation of the transport Service(s) listed in the Service Description above and attests that all such designations are correct. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (II) Cox's installation of Service at Customer's location. Customer acknowledges that it has read and understands the 911 disclosures In Section 2 of the Service Terms. By signing this Agreement you represent that you are the authorized Customer representative. Customer Authorized Signature Cox Communications Kansas, LLCi Cox Kansas Telcom, LLC

Signature

Signature: Signature:

Print: Print:

Title Position: Title Position:

Date: Date:

Version 09.14.2017 Page 5: 1:10:35 PM

EXHIBIT A

1. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http: //ww 2. cox. com/business/voice/regulatory. cox. 2. Service Start Date and Term The "Initial Term" shall begin upon installation of Service and shall continue for the applicable Term commitment set forth above In the Service Terms. However, if Customer delays installation or is not ready to receive Services on the agreed-upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to Increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate Increase will be deemed to be Customer's acceptance of the new rate. 3. Termination Customer may terminate any Service before the end of the Term selected by Customer above in the Service Terms upon at least thirty (30) days written notice to Cox; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (If unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Servlce(s) multiplied by the number of months, Including partial months, remaining in the Term. Cox may terminate this Agreement without liability at any time prior to installation of Services if Cox determines that Customer's location is not reasonably serviceable or there is signal interference with any Cox Service(s) according to Cox's standard practices. If Customer terminates or decreases any Service that Is part of a bundle offering, the remaining Servlce(s) shall be subject to price increases for the remaining Term. If Customer terminates this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs Incurred. This provision survives termination of the Agreement.

4. Payment Customer shall pay Cox all monthly recurring charges ("MRCs") and all non-recurring charges ("NRCs"), If any, by the due date on the invoice. Any amount not received by the due date shown on the applicable invoice will be subject to interest or a late charge no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to Customer's breach, or If Customer falls to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated this Agreement and will be obligated to pay the termination fee described above. If applicable to the Service, Customer shall pay sales, use, gross receipts, and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No Interest will be paid on deposits unless required by law.

s. Service and Installation Cox shall provide Customer with the Services identified above in the Service Terms and may also provide Version 09.14.2017

related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer is responsible for damage to any Cox Equipment. If Cox Equipment Is not returned to Cox after termination or disconnection of Services, Customer shall be liable for the Cox Equipment costs. Customer may use the Services for any lawful purpose, provided that such purpose: (I) does not interfere or impair the Cox network or Cox Equipment; (li) complies with the AUP; and (Ill) Is In accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the Services shall be subject to the AUP at http:/ /ww2.cox.com/aboutus/pollcies/buslness-pollcies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 6. General Terms The General Terms are hereby incorporated into this Agreement by reference. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL TERMS. 7. LIMITATION OF LIABILITY IN ADDITION TO ANY OTHER LIMITATIONS ON LIABILITY CONTAINED IN THE AGREEMENT, NEITHER COX NOR ANY COX RELATED PARTY SHALL BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, OR FOR ANY LOSS OF DATA OR STORED CONTENT, IDENTITY THEFT, OR FOR ANY PROBLEM WITH THE SERVICES OR EQUIPMENT OF ANY THIRD PARTY, NOR SHALL COX NOR ANY COX RELATED PARTY BE RESPONSIBLE FOR FAILURE OR ERRORS OF ANY COX SERVICE, COX EQUIPMENT, SIGNAL TRANSMISSION, LICENSED SOFTWARE, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. NEITHER COX NOR ANY COX RELATED PARTY WILL BE LIABLE FOR DAMAGE TO PROPERTY OR FOR PHYSICAL INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX, UNDER NO CIRCUMSTANCES WILL COX OR ANY COX RELATED PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR PROVISION OF THE SERVICES. 8. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. COX DOES NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO CUSTOMER'S LOCATION, OR THAT INSTALLATION OF SERVICE WILL OCCUR IN A SPECIFIED TIMEFRAME. COX DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT WILL MEET CUSTOMER'S NEEDS, PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR THE LIKE. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 9. Public Performance If Customer engages In a public performance of any copyrighted material contained In any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performance licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not Include a public performance license.

Shawnee 1 ~ounty '-'\, , f; P.arKs+ ~ recreation February 16, 2021

TO:

FROM:

RE:

Board of County Commissioners Shawnee County

Tim L. Laurent, Director Parks + Recreation 1'2-Kansas Forest Service Grant Agreement Park Operations Division

Purpose: Board of Commissioners approval and execution on the Memorandum of Agreement is requested between Shawnee County Parks + Recreation (SCP+R) and Kansas State University on behalf of the Kansas Forest Servl.ce. The MOA is made obtainable to assist SCP+R with combining resources to limit the spread of invasive plants on Shawnee County parklands. To suffice the I: I matching grant requirement, $5,000.00 is available in the Building Maintenance Fund (Grants).

Justification: Several parklands in Shawnee County are identified as suffering from such invasive plants known as callery pear and bush honeysuckle. As the scope of work in the narrative states, the grant will allow staff and/or a contracted vendor to engage in control measures for selected parklands where aggressive treatment is necessary. Treatment allow for parklands to be restored to native species of plants and wildlife. Community input contained in the Master Plan showed 57% of respondents support natural areas/wildlife habitats which would be a direct result from restoration efforts in our public parks.

TLL/blt JM Attachments

parks.snco.us

• • c: • ,.

}/ I .

2610 Claflin Road Manhattan, KS 66502 785-532-3300 I fax: 785-532-3305 kansasforests.org

Care of natural resources and service to people through forestry.

MEMORANDUM OF AGREEMENT

SHAWNEE COUNl.t CONTRACT ~ C'14-;J_Od._)

This Agreement is entered into as of , at Manhattan, Kansas between Kansas State University on behalf of Kansas Forest Service, Manhattan, Kansas and Shawnee County Parks + Recreation

The purpose of this agreement is to outline and describe the responsibilities to be assumed by the contracting parties in connection with the invasive plant control projects in Kansas.

Part 1. Duration:

This agreement is for the period of September 1, 2020 to December 31, 2021.

Part 2. The Parties Agree That:

Terms & conditions as outlined.

Responsibilities of the Contractor

A) Contractor will identify and map areas infested with exotic invasive plants such as callery pear and bush honeysuckle, and other undesirable and invasive species within County parks, and engage in appropriate control measures to reduce and/or eliminate infestations.

B) The primary contact person is: Brian Toby brian. [email protected]

Responsibilities of State/University/Dept.

A) Department will pay the Contractor $5,000.00 once the project has been completed. B) The primary contact person for Kansas Forest Service is

Ryan Armbrust, Forest Health Coordinator 2610 Claflin Road Manhattan, KS 66502 rarm [email protected] 785-532-3276

This agreement is made for the benefit of the parties only, and no other person or entity shall have the right to enforce the terms hereof. Neither party shall assign its rights or obligations hereunder without expressed written consent of the other party. This agreement represents the entire understanding of the parties and supersedes all previous communications, drafts, addenda, agreements, and memoranda. This agreement may be modified upon mutual written agreement of the parties. The relationship of the parties is that of independent contractors.

Part 3. Payment: ·

Payments to be made upon receipt of invoices. This project has been budgeted and payments will total no more than $5,000.00 for the completed project. The scope of work, budget, and required match are attached to this agreement.

Part 4. Termination:

Termination for Cause: Either party may terminate this contract, or any part of this contract, for cause under any one of the following circumstances:

1. the Contractor fails to make delivery of goods or services as specified in this contract; or

2. the Contractor fails to perform any of the provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms.

K-State shall provide Contractor with written notice of the conditions endangering performance. If the Contractor fails to remedy the conditions within ten (10) days from the receipt of the notice (or such longer period as the University may authorize in writing}, K-State shall issue the Contractor an order to stop work immediately. Receipt of the notice shall be presumed to have occurred within three (3) days of the date of the notice

Termination for Convenience: Either party may terminate performance of work under this contract in whole or in part whenever, for any reason, the parties shall determine that the termination is in the best interest of the University. In the event that either party elects to terminate this contract pursuant to this provision, written notice shall be provided at least thirty (30) days prior to the termination date. The termination shall be effective as of the date specified in the notice.

Part 5. Contractual Provisions Attachment:

The provisions found in Contractual Provisions Attachment (form KSU-146a}, which is attached, are incorporated in this contract and made a part of the agreement.

The parties have signed this agreement as of the day and year first above written.

Shawnee County Parks + Recreation 3137 SE 291h Street Topeka, KS 66605

Signature

Title

Date

Kansas State University Kansas Forest Service 2610 Claflin Rd Manhattan, KS

Department Head

Date

(rev. 08/2020)

State of Kansas Kansas State University KSU-146a (Rev. 7-20)

CONTRACTUAL PROVISIONS ATTACHMENT

Contract#~ ___ _ Initials

Important: This form contains mandatory contract provisions and must be attached to and specifically incorporated in all contractual agreements by adding the following statement to the main body of the contract: ''The Provisions found in Contractual Provisions Attachment (Form KSU-146a, Rev. 7-20), which is attached hereto, are hereby incorporated in this contract and made a part hereof."

1. Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in the contract (including, without limitation, all other attachments) in which this attachment is incorporated. Any terms that conflict with or could be interpreted to conflict with this attachment are nullified.

2. Kansas Law and Venue: All matters arising out of or related to this contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit arising out of or related to this contract shall reside only in courts located in the State of Kansas.

3. Disclaimer Of Liabilitv: No provision of this contract will be given effect that attempts to require Kansas State University or any of its controlled corporations (collectively "University") to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The terms, conditions, and limitations of liability of the State of Kansas, the University, and their employees are exclusively defined under the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.).

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

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

6. Responsibilitv For Taxes: The University shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

7. Insurance: The University shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require the University to establish a "self-insurance" fund to protect against any such loss or damage.

8. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given, including, but not limited to, the signature of an authorized representative of the University as defined in the University Contracts Policy: https:/lwww.kstate.edu/policies/ppm/3000/3070.html.

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

10. Export Control: Prior to providing University with any items under this contract that are subject to export controls regulations, including items controlled under the International Traffic in Arms Regulations (ITAR), 22 C.F.R. §§ 120-130, or the Export Administration Regulations (EAR), 15 C.F.R. §§ 730-774, Contractor will notify University and identify the export controlled items at issue and the applicable categories and subcategories of the United States Munitions List and/or Export Control Classification Number(s). University reserves to right to decline to accept any items or information controlled under ITAR or EAR. Contractor will direct all notices under this section to the appropriate University contact as follows: [email protected].

11. Privacy of Student Records: Contractor understands that the University is subject to FERPA (Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g). To the extent Contractor possesses any education records of University's students under this contract, Contractor is deemed to be a school official with a legitimate educational interest in the records and Contractor agrees to comply with FERPA and its regulations. Contractor specifically agrees that it shall use personally identifiable education records only for purposes related to this contract, and shall not disclose such records to any third party without authorization from the University. Contractor shall promptly report to the University any request for, or improper disclosure of, University student educational records.

12. Anti-Discrimination Clause: Contractor agrees to comply with all applicable state and federal anti-discrimination laws. When requested by University, Contractor shall cooperate with University in meeting obligations under University's own policies and procedures, including but not limited to the University's anti- discrimination policy: http://www.k-state.edu/policiestppm/3000/3010.html. Contractor specifically acknowledges that its employees on campus and/or participating in University programs or activities have reviewed, understand, al)d will comply with University's anti-discrimination policy and its reporting website at https://www.k- state.edu/report/. Contractor also agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001, et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111, .§!~) and the applicable provisions of the Americans With Disabilities Act (42 U.S. C. 12101, g! ~) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission or if it is determined that the contractor has violated applicable provisions of ADA, such violation(s) shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the University.

13. Information/Confidentiality: As a state agency, the University's contracts and prices paid for goods and services are generally public records, and therefore no provision of this contract shall restrict the University's ability to produce this contract in response to a lawful request or from otherwise complying with the Kansas Open Records Act (K.S.A. 45-215, et seq.). Moreover, no provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101, et seq.

14. The Eleventh Amendment: The Eleventh Amendment is an inherent and incumbent protection of the State of Kansas and need not be reserved, but prudence requires the University to reiterate that nothing in or related to this contractshall be deemed a waiver of the Eleventh Amendment.

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

16. Facility Access: To the extent Contractor is required to be on the University's premises in the performance of any contract, Contractor and its representatives will adhere to the University's policies and procedures, and will use commercially reasonable efforts not to interfere with the University's regular operations. Contractor further agrees, upon request, to include the University as an additional insu.red on its general liability insurance policy on a primary and non- contributory basis, with such policy to provide continuous coverage for at least a period of two years after the end of the contract and such policy is not be cancelled without 30 day prior notice to the University and another general liability insurance policy in place prior to the termination ofthe existing policy. The Contractor shall also provide the University with a certificate of insurance within five business days upon request.

17. Electronic Signature: The parties agree that the contract may be signed with electronic signatures. If an electronic signature is used, the parties agree that it is the legally binding equivalent to the signing party's handwritten signature. Whenever either party executes an electronic signature on the contract, it has the same validity and meaning as a handwritten signature. The parties agree that neither party will, at any time in the future, repudiate the meaning of an electronic signature or claim that an electronic signature is not legally binding.

18. No Endorsement. Contractor agrees it will not use or display the name, marks, or images of the University to advertise and/or endorse its enterprises or products, or for any other purpose without the prior written approval of the University.

Lead Contacts:

USDA FOREST SERVICE Grant No. 19-DG-11020000-051 CFDA 10.664 Budget Line SPCH

Consolidated Payments Grant Program Forest Health Management, Cooperative Lands Grant Narrative for lnvasives- Modification #1

Kansas Forest Service FFY 2019

Jason Hartman, State Forester, 785-532-3309, [email protected], 785-532-3305 (fax) Ryan Armbrust, Forest Health Program Coordinator, 785-532-3276, [email protected] Aimee Hawkes, Budget/Fiscal Coordinator, 785-532-3302, [email protected] 785-532-3305 (fax)

Purpose: Per the Kansas Forest Service's Statewide Forest Resource Assessment and Strategy (page 22) one of the major issues that threaten Kansas forest health is exotic invasive plants, which destroy the biodiversity of forests, woodlands, and riparian areas. Control of invasive plants in these areas will restore a diversity of native species and supported wildlife, and reduce the spread of these plants to adjacent public and private lands by reducing the seed base on Shawnee County parklands. This project is focused on woodlands, native prairie, and other vegetated areas in the Shawnee County, in several large parks throughout the County. Shawnee County Parks+ Recreation (SCP+R) will receive financial incentives to control exotic invasive species within these areas.

Scope of Work: Through a subgrant, Shawnee County Parks+ Recreation will identify and map areas infested with exotic invasive plants such as Callery Pear and Bush Honeysuckle, and other undesirable and invasive species within Shawnee County parks, and engage in appropriate control measures to reduce and/or eliminate infestations. Welton Grove, Warren Nature Area, Dornwood Park, and Shawnee North have been identified as initial priority areas. Once the treatment areas are finalized, SCP+R will be responsible for implementing the project, reporting on the completion, and requesting reimbursement for treatments, not to exceed $5,000. All grant funds will be matched by SCP+R.

Methodology and Timeline: Shawnee County Parks+ Recreation will, in consultation with Kansas Forest Service Forest Health Program Coordinator, select areas to prioritize for treatment, and engage in control methods appropriate for invasive species control and restoration. These methods may include, but are not limited to, mechanical control such as mulching/mowing, chemical control with herbicides, and/or use of prescribed fire. In coordination with the KFS Forest Health Specialist, SCP+R will assist in documenting work as a case study and/or "success story." SCP+R will monitor all work to be done, and report accomplishments (detailed below) to the KFS Forest Health Specialist by December pt. Subsequently, these reports will be transmitted to the Rocky Mountain Regional Office of the USDA FS on or before December 15th of the current year. Objectives for this sub-grant are to be completed by December 31, 2020.

Accomplishment and Reporting: Areas infested with exotic invasive plants will be identified, mapped, and subsequently treated with herbicides, mechanical means, and/or prescribed fire (as appropriate) to abate and slow the spread of these invasive species. The Shawnee County Parks+ Recreation Forestry Supervisor will report activities central to this project and the Kansas Forest Service will communicate this report to the USDA Forest Service Region 2 Office. This report shall include, at a minimum: GIS data including species to be controlled, acres of infestation, acres treated/restored, method of control (including herbicide rates applied); and records of contractor services and/or in-kind match. In addition, relevant information shall be entered in to the EDDMapS database.

Intent of Funding: Funding will be used to purchase chemical and other materials and supplies necessary for control of invasive plants, rental equipment and contractor services, and other direct costs associated with mechanical removal operations. Funding will also be used to reimburse appropriate PPE for SCP+R staff to be used for safely conducting operations associated with the scope of work ofthis grant. SCP+R will be required to document and match the federal funds being provided, at a minimum of 1:1. The Kansas Forest Service will receive the funds from the USDA Forest Service and provide to SCP+R when projects are completed and reimbursement is requested through itemized invoices.

Timeline: Objectives of this grant will be completed by December 31, 2021.

Budget:

Grant Funds to be used for Chemical control (herbicide, PPE) Equipment Rental, Contracting Personnel/labor in-kind Total Budget

KSU/KFS Funding $1,000.00 $4,000.00

$5,000.00

SCPR Match

$2,500.00 $2,500.00 $5,000.00

Toby, Brian

From: Brzon, Jonathan Sent: To: Subject:

Thursday, February 18, 2021 11:38 AM Toby, Brian Re: Kansas Forest Service Grant

Approved as to form and legality

Sent from my iPhone

On Feb 18, 2021, at 11:36 AM, Toby, Brian <[email protected]> wrote:

JCB,

Ready to go on our end as we got these two revised for the grant. Just need a review and approval. Thanks,

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

<image006.png>

<image008.png>

<image010.png>

<MOA revised - Shawnee County.docx> <Shawnee County Narrative and Budget revised.doc>

1

,

Shawnee 1 ~ounty "-', r f; P.arKS+ . ~ recreat1on February 17, 2021

TO:

FROM:

RE:

Board of Commissioners Shawnee County

Tim Laurent, Director Parks + Recreation 1{... Request to Solicit Bids - Park Maintenance Services Park Operations Division

Purpose: Board of Commissioners approval is requested to allow Shawnee County Parks + Recreation (SCP+R) to solicit bids for the selected maintenance functions in an additional26 park parcels equally 275 acres and 10.5 miles along trails.

Justification: The department has been contracting park maintenance since 2015 and has shown efficiencies in salary savings, fuel, equipment depreciation, and supplies such as fertilizer, uniforms and mowing supplies. Packages are defined by our SCP+R Park Maintenance Standards and Specifications for such park classifications and maintenance levels in those given parks and trail linkages.

Funding for any contracted maintenance services will be through the department's current operating budget.

TLL/blt JM Attachment

parks.snco.us

' Shawnee 1 ~ounty '-', r f; f!3fKS+ -! recreation Shawnee County Parks + Recreation Parks Maintenance Contract

PackageF Crestview Park Level2 4801 SW Shunga Dr 53.0 acres

Edgewater Parkway Park Level2 2300 SW Edgewater Ter 14.3 acres

Seabrook Park Level2 2501 SW Gage Blvd 3.17 acres

Shunga Parkway Park Level2 2501 SWWashburnAve 14.03 acres

Big Shunga Park Level2 2715 SW Macvicar Ave 70.0 acres

Oak Parkway Park Level2 2915 SW Randoplh Ave 3.3 acres

Nana's Park Level2 2007 SE 37th St 1.78 acres

Croix Park Level2 3446 SW Kirklawn Ave 0.21 acres

SW Burlingame & sw· Clontarf Level2 0.23 acres

Package I Westboro Park Level2 1273 SW Lakeside Dr 3.97 acres

Westboro Park II Level2 1559 SW Lakeside Dr 0.42 acres

Westboro Park III Level2 SW Lakeside Dr 0.06 acres

Westboro Park IV Level2 SWWestoverRd 0.28 acres

Westboro Traffic Islands Level2 SW A valon/SW Lakeside 0.04 acres

Collins Park Level2 1400 SW Collins Ave 4.2 acres

Tudor Park Level2 3636 SW 17t11 St 0.31 acres

Boswell Park Level2 1300 SW Jewell Ave 3.36 acres

Aaron Douglas Art Park Level2 1200 SW Lane St 0.38 acres

Elmhurst Green Park Level2 1197 SW Washburn Ave 0.97 acres

Holliday Park Level2 1200 SWWestemAve 1.18 acres

Edgewood Park Level2 101 NW The Drive 6.06 acres

Willow Park Level2 1800 SW 6tll Ave 4.36 acres

SW 8tll & SW Buchanan Island Level2 0.09 acres

SE Jefferson & SE 4t11 St Island Level2 SE Jefferson & SE 4t11 St 0.45 acres

pa rks.snco. us

r . •• • • • ·' , • • 3137 SE 29th Street • Topeka 7 KS 66605 • (785) 251-6800

'

PackageJ Great Overland Station

PackageK Lake Shawnee Adventure Cove Lake Shawnee Campground

PackageL Shunga Trail (1) Shunga Trail (2) Shunga Trail (3) Shunga Trail (4) Landon Trail Soldier Creek Trail

PackageM Shawnee South Park

Level2 Level2 Level2 Level2 Level2 Level2

Levell

Levell Levell

701 N Kansas Ave

3515 SE Beach Ter 3435 SE East Edge Rd

SE 2nd St to S Kansas Ave SW 20th St to SW Buchanan West of Big Shunga Park to Felker Park West of Fairlawn Rd to SW 29th St SW 17th St to SE 45th St NW Lyman Rd to Rice Park

Level2 6715 SW Westview Rd

9 acres

0.5 acres 15.9 acres

3.36 miles 0.72 miles 0.72 miles 0.55 miles 3.72 miles 1.38 miles

64.5 acres

'•

Shawnee 1 ~ounty '-' ~ r f; P.arKS+ ~ recreation February 18, 2021

TO:

FROM:

Board of County Commissioners Shawnee County

Tim L. Laurent, Director Parks + Recreation -({..-

RE: Naly' s Lawn and Landscape- Award Bid and Agreement Park Services Division

Purpose: Board of Commissioners approval to award the bid (Q#015-21) and subsequent execution on the Naly' s Lawn and Landscape agreement with Shawnee County Parks+ Recreation is requested. The Versa-Lok wall construction at Adventure Cove project will utilize $15,995.49 of Building Maintenance (3R) Funds.

Justification: On December 28, 2020, the Board of Commissioners approved SCP+R to solicit bids for the construction of a retaining wall at Adventure Cove. This agreement allows Shawnee County Parks + Recreation (SCP+R) to address improvements as it relates to the specified scope of work stated in response to Request for Proposal Q#015-21. Bids were received February 15, 2021. After review, staff recommends Naly' s Lawn and Landscape as the lowest most responsive bidder for theproject.

Naly's Lawn and Landscape Right Way Solutions ValleyS capes JP Construction Topeka Landscape

TLL/blt Attachments

Total Bid $15,995.49 $19,587.00 $22,706.76 $19,700.00 $29,000.00

parks.snco.us

fi3.

SHAWNEE COUNTY CONTRACT NO. C JS -2021

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

This AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County), and NAL Y'S LAWN AND LANDSCAPE (Contractor).

1. SERVICES TO BE PERFORMED.

Contractor agrees to provide the following goods and services to the County in accordance with the terms and specifications of Shawnee County RFP# 015-21 (Attached as "A" and incorporated herein by reference):

Construct a retaining wall at the Lake Shawnee Adventure Cove.

This Agreement shall commence on March_, 2021, and shall end on April 9, 2021, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT.

In consideration of the services to be performed by Contractor, County agrees to pay Contractor as follows:

Task Duties Compensation

!All goods and services to be provided in Payable upon

Perform duties to accordance with the terms and specifications of submission of

complete scope ofwork Shawnee County RFP# 015-21 (Attached as invoices as noted:

for construction of a "A" and incorporated herein by reference):

retaining wall at the Lake Payment for

Shawnee Adventure All work to be completed on or before April 9, materials due upon

Cove area. 2021. execution ofthe contract: $7,997.49

Outstanding balance due after completion ofproject: $7,998.00

Contractor shall be responsible for all expenses incurred while performing services under this Agreement. This includes equipment; supplies; telephone expenses; automobile and other travel expenses; meals and entertainment; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to complete the work under this Agreement.

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION.

Contractor is an independent Contractor, not a County employee. Contractor's employees

1

or contract personnel are not County employees. Contractor and County agree to the following rights consistent with an independent Contractor relationship:

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

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

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

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

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

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

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

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

Further, Contractor hereby certifies:

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

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

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

4. INDEMNIFICATION AND HOLD HABMLESS.

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

2

subcontractors or employees.

5. INSURANCE.

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

6. OWNERSIDP OF PRODUCTS/DOCUMENTS.

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

7. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION.

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

8. ANTI-DISCRIMINATION CLAUSE.

The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K. S .A. 44 1 031 and K. S .A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph are not applicable to a Contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

9. ACCEPTANCE OF CONTRACT.

3

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

10. ARBITRATION. DAMAGES. WARRANTIES.

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

11. REPRESENTATIVE'S AUTHORITY TO CONTRACT.

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

12. TERMINATION OF AGREEMENT.

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

13. AUTOMATED CLEARING HOUSE CACH).

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

14. FORCE MAJEURE.

County reserves the right to postpone any event/activities as needed due to the Covid-19 pandemic restrictions without penalty or loss of any deposits or funds paid by either party. County shall notify Contractor (or Vendor) of any such decisions and offer rescheduling options as soon as possible should such efforts be warranted. Furthermore, Contractor shall have an updated emergency operations plan and address prevention strategies meeting CDC mass gathering requirements and share such plans with the Department in order to proceed

4

with the contractual obligations.

15. MISCELLANEOUS PROVISIONS.

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

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

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

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

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

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

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

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

(Signature Page Follows)

5

SHAWNEE COUNTY PARKS+ RECREATION

COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

CONTRACTOR-NALY'S LAWN AND LANDSCAPE

Signature £!f. • ;t2('h PrintName: ,JI.e;'attdo l.,ltJ-en Address: 1801 SE Madison Street

City/State/Zip: Topeka, KS 66607

DMe: ~tjuvr

6

SHAWNEE COUNTY REQUEST FOR QUOTES

Attachment A

QUOTATION NO.

DATE MAILED

CLOSING 2:00 P.M.

015-21 VENDOR~\..n..uJf\CUJd~~-01-28-21 ADDRESS \J'tA ::£ MOO\r-co a-·T~~~ 02-11-21 PHONE ('J'ici)4~\ ·-5\..i.~{fw

THIS IS NOT AN ORDER

1. In communications, always refer to the above quotation number. 2. All prices and conditions must be shown. Additions or conditions not shown on this bid will not be allowed. 3. Shawnee County reserves the right to accept or reject any part of, or all of, any bid or proposal. 4. All prices quoted are to be less Federal Excise Tax and Kansas Sale.s Tax. 5. Price quoted shall remain firm for ninety (90) days after bid closing date.

SHAWNEE COUNTY HAS A NEW ELECTONIC BID SYSTEM.

All vendors are required to create an online portal account (www.snco.us/purchasing) in order

To receive or submit bid requests.

ITEM AND DESCRIPTION

Shawnee County is soliciting sealed bids to construct a retaining wall at the Lake Shawnee Adventure Cove, 3515 SE Beach Terr, per the following minimum specifications.

NONDISCRIMINATION: Shawnee County is committed to the concept of equal employment opportunity. All bidders and contractors are expected to comply with the provisions ofK.S.A. 44-1030 and 44-1031, copies of which are attached and shall be a part of this contract and other applicable Federal and Kansas laws governing equal employment opportunity.

In accordance with K.S.A 44-1030, vendor hereby agrees to the following:

A. He or she will observe the provision of the Kansas Commission on Human Rights and will not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, national origin, ancestry, or physical disability.

B. In all solicitations or advertisements for employees, he or she will include the phrase, "Equal Opportunity Employer", or a similar phrase to be approved by the Kansas Commission on Human Rights

C. If he or she fails to comply with the manner in which he or she will be deemed to have breached the present contract, and it may be cancele~ terminated, or suspended, in whole or in part, by Shawnee County, Kansas

D. If he or she is found guilty of a violation of the Kansas Act Against Human Rights under a decision, or order of the Kansas Commission on Human Rights which has become inal, he or she will be deemed to h~ve breached the present contract, and it may be canceled, terminated, or suspended, in whole or in part, by Shawnee County, Kansas; and,

E. He or she will include the provisions of subsections (a) through (d) inclusively of this paragraph in every subcontract or purchase order so that such provision will be binding upon such subcontractor of vendor.

PAGE 1

QUOTATION NO.

DATE MAILED

CLOSING 2:00P.M.

015-21

01-28-21

02-11-21

NOTICE TO SUCCESSFUL BIDDERS: The successful bidder will be notified by letter, telephone or email as soon as possible after bids have been opened, tabulated, and analyzed.

NOTICE TO UNSUCCESSFUL BIDDERS: Unsuccessful bidders will not be notified.

NOTE: In the event that goods or services delivered by the vendor are unsatisfactory and remain unsatisfactory after a notice and an opportunity to correct the deficiencies, the County reserves the right to purchase substitute goods or services from the other bidders.

Shawnee County reserves the right to negotiate separately with any vendor after the opening of this RFQ when such action is considered in its best interest. Subsequent negotiations may be conducted, but such negotiations will not constitute acceptance, rejection or a counteroffer on the part of the County.

Shawnee County interprets the term "lowest responsible and best bidder" as requiring Shawnee County to:

A. Choose between the kinds of materials, goods, wares, or services subject to the proposal, and

B. Determine which proposal is most suitable for its intended use or purpose. Shawnee County can consider among other factors such things as labor cost, service and parts availability and maintenance costs of items upon which proposals are received. Shawnee County can determine any differences or variations in the quality or character of the material, goods, wares or services performed or provided by the respective vendors.

Shawnee County will award the bid, if the successful vendor refuses or fails to make deliveries of the materials/services within the times specified in the RFQ, purchase order or contractual agreement. Shawnee County may, by written notice, terminate the contract OR purchase order. The successful vendor will certify and warrant that goods, personal property, chattels, and equipment sold and delivered are free and clear of any and all liens, or claims of liens, for materials or services arising under, and by virtue of the provisions of K.S.A. 58-201, et seq., and any other lien, right, or claim of any nature or kind whatsoever.

The vendor hereby certifies that he or she has carefully examined all of the documents for the project, has carefully and thoroughly reviewed this RFQ, understands the nature and scope of the work to be done; and that this proposal is based upon the terms, specifications, requirements and conditions of the RFQ, and documents. The vendor further agrees that the performance time specified is a reasonable titne, having carefully considered the nature and scope for the project as aforesaid.

Shawnee County will use discretion with regards to disclosure of proprietary information contained in any response, but cannot guarantee the information will not be made public. As a governmental entity, Shawnee County is subject to making re.cords available for disclosure pursuant to the Kansas Open Records Act. Any confidential or proprietary information should be clearly marked.

Shawnee county reserves the right to enter into agreements subject to the provisions of the Cash Basis Law (K.S.A. 10-1112 and 10-1113), the Budget Law (K.S.A.79-2935). Agreements shall be construed and interpreted so as to ensure that the County shall at all times stay in conformity with such laws, and as a condition of agreements the County reserves the right to unilaterally sever, modify, or terminate agreement at any time if, in the opinion of its legal counsel, the Agreement may be deemed to violate the tenns of such law.

The vendor certifies that this proposal is submitted without collusion fraud, or misrepresentation as to other vendors, so that all proposals for the project will result from free, open, and competitive proposing

PAGE2

QUOTATION NO.

DATE MAILED

CLOSING 2:00P.M.

among all vendors.

015-21

01-28-21

02-11-21

This Request for Quotation~ responses thereto and any contract do.cuments will be governed by the law of the State of Kansas. Any dispute arising out of the same will be litigated only within the courts of the State of Kansas.

Vendor agrees that all data, documents, and information, regardless of form that is generated as a result of this Request for Quotation are the property of Shawnee County. The County shall not be liable to reimburse any vendor for the costs of creating, compiling or delivering the same to the County.

By submission of a response, the proposer agrees that at the time of submittal, it: 1) has no interest (including financial benefit, commission, finder's fee, or any other remuneration) and will not acquire any interest, either direct or indirect, that would conflict in any manner or degree with the performance of proposer's services, or 2) benefit from an award resulting in a "Conflict oflnterest." A "Conflict of Interest" will include holding or retaining membership, or employment, on a board, elected office, department, division, or bureau, or committee sanctioned by and/or governed by the Board of Shawnee County Commissioners. of the County of Shawnee, Kansas. Proposers will identify any interests, and the individuals involved, on separate paper with the response and will understand that the County may reject their proposal at its sole discretion.

No gifts or gratuities of any kind shall be offered to any County employee at any time.

The Proposer certifies that this proposal is submitted without collusion, fraud, or misrepresentation as to other Proposers, so that all proposals for the project will result from free, open, and competitive proposing.

The County is exempt from the payment of Federal and excise taxes and from Kansas sales tax.

*Vendor credit agreements are prohibited. Unless otherwise stated in this document, payment will be made from vendor-submitted invoice(s) via ACH transfer, check or credit card. Shawnee County will not complete any credit application or agree to credit terms supplied by vendor.

PAGE3

QUOTATION NO.

DATE MAILED

CLOSING 2:00P.M.

015-21

01-28-21

02-11-21

All bids received on or before the specified bid closing time and date shall be properly recorded on the bid tabulation sheet. Subsequent to the bid opening, all bids shall be thoroughly evaluated and a determination made as to their compliance with applicable specifications. The appropriate County department heads and the architect or engineer as applicable shall make this determination jointly. Upon completion of the above determination, an analysis of all bids submitted shall be prepared and fonnally presented to the Board of County Commissioners for acceptance and approval of the lowest and/or best bid. The Board of County Commissioners reserves the right to accept or reject any and/or all bids and to waive any irregularities or informalities therein. If additional information is required, please contact Riley Shafer, Community Events and Amenities Supervisor, at 785-251-6812 or rile.)! [email protected].

Michele Hanshaw, Purchasing Specialist

SHOW TERMS----------

DELIVERY WILL BE MADE---------F.O.B. __________________ _

LEGALNAMrn _______________ _

ADDRESS ___________________________ _

SIGNATURE _________________________ __

PRINTED NAME/TITLE

PHONE _______________________ ___

ENLA~------------------------------------

PAG

QUOTATION NO.

DATEMAlLED

CLOSING 2:00P.M.

015-21

01-28-21

02-11-21

SCOPE OF WORK:

Shawnee County is soliciting sealed bids to construct a retaining wall at the Lake Shawnee Adventure Cove, 3515 SE Beach Ter, per the following minimum specifications.

MINIMAL REQUIREMENTS: A. Construct a retaining wall, approximately 140-ft long by 3-ft tall, utilizing Versa-Lok block.

L See attached map for construction area. 2. Color samples included to match to existing walls.

B. Installation of perforated-pipe at base for drainage. C. Back filling with gravel and topsoil to direct water to existing drainage. D. Project completion and inspection/approval of work no later than April 9, 2021.

RESPONSES SHOULD INCLUDE: 1. Firm Profile- Briefly describe your fum, indicating its size and years in business. 2. Staff Assignments - Provide vendor contact communications information. 3. Guidelines- Exclusively-selected vendor must comply with all local, state and federal guidelines and

regulations. 4. References- Provide names, addresses, telephone numbers and/or email addresses of appropriate contact

persons for at least three (3) reeent clients. 5. Firm's Experience- Describe your firm's experience providing the requested service(s). 6. A listing of all suhcontractors and corresponding previous project experience.

SELECTION PROCESS Shawnee County will make a selection based on the evaluation of proposals, qualifications and reference checks.

NOTE: Shawnee County reserves the right to request additional information or clarification on submissions to ensure fulfillment of the project scope and available funding prior to awarding the bid.

QUOTATION NO.

DATE MAILED

CLOSING 2:00P.M.

015-21

01-28-21

02-11-21

PAGE6

Item Being Bid

QUOTATION NO.

DATE MAILED

CLOSING 2:00P.M.

Retaining wall construction

Total Bid Price (written in words)

015-21

01-28-21

02-11-21

TOTAL BID PRICE

PAGE7

44-1030

QUOTATION NO.

DATE MAILED

CLOSING 2:00P.M.

015-21

01-28-21

02-11-21

Mandatory provisions applicable to contracts of the state and other political subdivisions; cancellation, when; application to subcontract; non-application to certain contract. (a) Except as provided by subsection (c) of this session, every contract for or on behalf of the state or any county or municipality or other political subdivision of the state or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that: 1. The contractor shall observe the provisions of the Kansas act against discrimination and shall not discriminate

against any person in the performance of work under the present contract because of race, religion, color, sex physical handicap unrelated to such person's ability to engage in the particular work, national origin or ancestry.

2. In all solicitations or advertisements for employees, the contractor shall include the phrase, "equal opportunity employer," or a similar phrase to be approved by the commission.

3. If the contractor fails to comply with the manner in which the contractor reports to the commission in accordance with the provisions of K.S.A. 44-1032, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, whole or in part, by the contracting agency

4. If the contractor is found guilty of a violation of the Kansas act against discrimination under a decision or order of the commission which has become final, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, in whole or in part, by the contracting agency.

5. The contractor shall include the provisions of paragraphs one (1) through four (4) inclusively of this subsection (a) in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor. (b) The Kansas commission on civil rights shall not be prevented hereby from requiring reports of contractors found to be not in compliance with the Kansas act against discrimination. (c) The provisions of this section shall not apply to a contract entered into by a contractor: (1) Who employs fewer than four ( 4) employees during the tenn of such contract; or (2) Whose contracts with the governmental entity letting such contract cumulatively total five thousand dollars ($5,000) or less during the fiscal year of such governmental entity.

44-1031. Same; personnel to be used in performing contracts; reports; non-application to certain contractors. Every person, as defined in subsection (a) ofK.S.A. 44-1002, who wishes to enter into a contract which is covered by the provisions ofK.S.A. 44-1030 shall upon request of the commission, inform the commission in writing of the manner in which such person shall recruit and screen personnel to be used in performing the contract The report shall be made on forms to be supplied by the commiss_ion. The provisions ofK.S.A. 44-1030 and of this section shall not apply to any contractor who has already complied with the provisions of such sections by reason of holding a contract with the federal government or a contract involving federal funds.

History: L.1972, ch.l84, & 15; L. 1975, ch. 264, & 8; L. 1977, ch. 183, & 2; Jt,J.ly 1

PAGE

Response

Firm Profile

• Naly's Lawn and Landscape is an LLC which specializes in deck building, retaining walls, hardscaping, and landscaping. It is a family owned business which employs 8-10

employees and has been operating since 2015.

Staff Assignments • Vendor: Alejandro Mateos, phone number: (785)431-5668, email:

[email protected]

Gnid,eJines • Vendor is a certified contractor and wm comply with all local, state, and federal

guidelines and regulations.

References • Greg Dennis, RWFS LLC, 503 Mercedes St, Ste. B Benbrook, TX. 76126, phone

number:(817) 807-8073, email: [email protected]

• Lisa Sandmeyer, Topeka Cemetery, 1601 Southeast lOth Avenue #1, Topeka, KS, 66607,

phone number:(785) 233-4132, email: [email protected] • Amy English, Christie Development Associates, LLC, 7217 W. 11 Qth Street Overland

Park, KS 66210, phone number: (913) 649-4500, email: [email protected]

.Firm's Experience • Naly's Lawn and Landscape is a certified contractor which provides the services of deck

building, retaining walls, hardscaping, and landscaping. We acquire the necessary permits needed for-the projects and set up inspections from the city to ensure the process is done correctly and follows guidelines. Our company has a very high set of skills to provide these projects and has many years of experience. We are accredited with the Better

Business Bureau and were included in tbe ending candidates of the Best ofTopeka for best landscaping group.

Subcontractor'! and Experience

• No subcontractors have been used for previous projects. Naly's Lawn and L~ndscape has

built various retaining walls varying in height and length. The Versa Lok blocks have been highly requested and used for a majority of the projects. Our team has acquired the

necessary knowledge to comp]ete the correct installation of retaining walls. We are properly trained and follow the local, state, and federal guidelines and regulations.

Toby, Brian

From: Brzon, Jonathan Sent: To: Subject:

Friday, February 19, 2021 11:09 AM Toby, Brian Re: Naly's Lawn and Landscape

Approved as to form and legality JCB

>On Feb 19, 2021, at 11:06 AM, Toby, Brian <[email protected]> wrote: > >JCB,

> Need a review and approval on this ICAS for construction of retaining wall at Lake Shawnee. The vendor requested 50% payment down. Thanks, > > > [cid:[email protected]] > Brian L. Toby

>Compliance and Grant Supervisor >Direct: 785-251-6980 • parks.snco.us

> [CAPRA-Finai-Color-RGB.PNG]<https://www.nrpa.org/certification/accreditation/capra/> > >

> [FB Outlook.png]<https://www.facebook.com/ShawneeCountyParksAndRecreation> [Twitter Outlook.png] <https:/ /twitter.com/sncopa rksrec> [lnsta Outlook.png] <https:/ /www.instagram.com/sncopa rksrec/> > > > >

><Attachment A 015-21-Alejandro Mateos -Adventure Cove Retaining Wall.pdf>

1

DATE:

TO:

FROM:

February 22, 2021


Bill Kroll, Facilities Maintenance Director

Shawnee County Facilities Maintenance

200 SE 71h Street Topeka, KS 66603

(785) 251-4490

SUBJECT: Request approval to hire replacement Maintenance Tech I at an hourly rate of $17.12 per hour. (Range 10, Step 7) Hire date expected ofOJ/01/21.

Of the applicants for the vacant Maintenance position, we feel we have selected a very qualified applicant with 25 years' experience as a maintenance technician and supervisor who has verbally agreed to the rate proposed due to superior County benefits. The proposed rate can be absorbed without issue from the Facilities operation budget. This issue has also been reviewed and approved by Human Resources.

Respectfully,

Bill Kroll Facilities Maintenance Director

Shawnee County

Sheriff's Office Sheriff Brian C. Hill

Law Enforcement Center 320 S. KANSAS, SUITE 200

TOPEKA, KANSAS 66603-3641 785-251-2200

MEMORANDUM

February 22, 2021

To: Shawnee County Commission

From: Sheriff Brian C. Hill

Re: Purchase of Vehicles

We are requesting to purchase four, 2021, Ford, All Wheel Drive, Sport Utility Vehicle's off of the state contract for a total of $164,544.00.

We are requesting to use Capital Improvement funds for the purchase.

Please place this on the February 25th, 2021 agenda.

If you have any questions please let me know.

Sincerely, ,.

~c~J1t Brian C. Hill, Sheriff Shawnee County

-s /.

Shawnee Mission Ford, Inc. 11501 SHAWNEE MISSION PARKWAY • P.O. BOX 3179

SHAWNEE, KANSAS 66203·0179 • 9131631·0000 • FAX 9131631·7325

February 22, 2021

Shawnee County

State of Kansas Contract

2021 Ford Utility PI AWD (KSA)

Exterior: Sterling Gray (UJ)

Interior: Ebony Cloth Front Vinyl rear {96)

Base Price:

Options:

• Front Floor Mats

• Mud Flaps Front and Rear

• Remote Start

• Remote Keyless Entry (SSF)

• Ready for the Road Package (67H)

• Police Wire Harness Connector Kit (67V) • Dark Car Feature (430)

• Red White Lighting in cargo (17T) • Front Warning LED Lights {21L) • Rear AC Heater (17A) • Driver Side Spot Light (51R) • Heated Exterior Mirrors (549)

• Disable Interior Lift gate release Button (18D) • 3.0L Eco Boost (99C)

• Receiver Hitch and Wiring Harness • Bluetooth

• Back up Camera Display in radio

Total

Additional Options to consider

• Police Engine Idle (47A)

• Radio Noise Suppression (60R)

• Underbody Deflector Plate (760) • Reverse Sensors (76R)

Thank you for your time and interest. Sincerely,

Jay Cooper

Government Fleet Sales

$35,330

$110

$110

$299 (requires Factory RKE) $309

$3,271

$168

$23

$46

$501 $555 $359 $55 $NC

$included in base price $standard

$standard

$standard

$41,136

$237 $94

$305

$250

@ 4 $164,544

l.VIe:xn..o:ra:nduxn. - Shawnee County, Kansas

Documents

Transcript of l.VIe:xn..o:ra:nduxn. - Shawnee County, Kansas