BOARD OF COUNTY COMMISSIONERS REVISED ......2020/06/11 · 8. Acknowledge receipt of correspondence from Sheriff Hill regarding an addendum (Contract C207-2020) to the current body

BOARD OF COUNTY COMMISSIONERS REVISED AGENDA THURSDAY, JUNE 11, 2020, 9:00 AM

COMMISSION CHAMBERS, ROOM B-11

I. PROCLAMATIONS/PRESENTATIONS

1. Recognition of Capitol Federal and Capitol Federal Foundation as the “Title Sponsor” for the Spirit of Kansas on July 4, 2020 at Lake Shawnee—Parks + Recreation.

II. UNFINISHED BUSINESS

1. Discussion on Rossville pool repairs (deferred from June 8th).

III. CONSENT AGENDA

1. Acknowledge receipt and consider approval of Commission meeting minutes of April 6, 13, 23 and 27, 2020—County Clerk’s Office.

2. Consider acceptance of one permanent public right-of-way easement for County Project (SE 45th Street – SE Berryton / West Edge Road to SE East Edge Road) and authorization to pay property owners the agreed settlement amount — Public Works.

3. Consider authorization and execution of Contract C205-2020 with LaborMAX to provide temporary staffing for maintenance during the 2020 Spirit of Kansas event at a cost of $1,414.40 from the Park Services Division operating budget – Parks + Recreation.

4. Consider authorization and execution of Contract C206-2020 with Ozark Integrated Pest Service, Inc. for termite treatment at Crestview Shelter at a cost of $1,224.00 with annual renewal option of $150.00 with funding from the operating budget – Parks + Recreation.

5. Consider approval of an Internship Emergency Release, Waiver and Indemnity Agreement related to the COVID-19 Pandemic from South Dakota State University for an intern working with the Natural Areas Development/ Forestry Supervisor – Parks + Recreation.

6. Consider approval of request to utilize $3,830.00 in contingency funds to replace the door edge safety system of the elevator at the Elections Office – Facilities Maintenance.

7. Acknowledge receipt of correspondence from Sheriff Hill regarding an increase in annual subscription with Mitchell1 for online access to ProDemand Only Repair, an online data base with information on repairs and service, at a shared cost of $804.00 to the Sheriff’s Office and $804.00 to Public Works, due to Solid Waste not renewing this year – Sheriff’s Office.

8. Acknowledge receipt of correspondence from Sheriff Hill regarding an addendum (Contract C207-2020) to the current body worn camera contract (C328-2018) with Axon Enterprise, Inc. for software enabling the Sheriff’s Office to live stream video footage from drones at a cost of $2,700.00 for each year of the contract with funding from the department budget – Sheriff’s Office.

9. Consider acceptance of permanent public right-of-way easements for Country Bridge Projects (NW Wilson Road Bridge over Tributary to Halfday Creek / OSN 189) and authorization to pay property owners the agreed settlement amounts — Public Works.

IV. NEW BUSINESS

A. COUNTY CLERK – Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. PARKS + RECREATION – Tim Laurent

1. Consider authorization and execution of Contract C208-2020, Memorandum of Understanding, with Cumulus Media for promotions of the July 4, Spirit of Kansas event including the fireworks soundtrack with over $14,600.00 in value provided in-kind to Shawnee County.

2. Consider approval of request to award the bid to J&M Displays for the safe operation and delivery of the fireworks display in an amount of $25,000.00 per year for three years and authorization and execution of Contract C209-2020 for same.

3. Consider authorization and execution of Resolution No. 2020-34 permitting Parks + Recreation to collaborate with various County and City departments on the temporary traffic signs and barricades necessary for public safety during the Spirit of Kansas —Commissioner Riphahn.

4. Consider approval and execution on the Right of Way Acquisition Agreements, and Temporary Easement for four parcels totaling $61,379.00 for the Deer Creek Trail with funding from the Parks + Recreation Building Maintenance Fund and authorization and execution of Contracts C215-2020 through C218-2020 for same.

5. Consider approval of request to award the bid to TD Wilson for the painting of the Hillcrest gymnasium walls and ceiling at a cost of $17,271.00 with funding from the 2020 Capital Improvement Fund and authorization and execution of Contract C210-2020 for same.

C. HEALTH DEPARTMENT – Linda Ochs

1. Consider authorization and execution of Contract C211-2020 with TARC to provide in-home nursing services to developmentally delayed infants and toddlers, in the amount of $15,000.00 for a one-year period from July 1, 2020 through June 30, 2021 with funding from Federal Medicaid Match/private match dollars.

D. CORRECTIONS – Brian Cole

1. Consider authorization and execution of Contract C212-2020, a two year service agreement with Samco for the preventative maintenance of the food service equipment at the Adult Detention Center at a cost of $8,960.00 per year with funding from the detention budget.

E. INFORMATION TECHNOLOGY – Pat Oblander

1. Consider authorization and execution of Contract C213-2020, a one year agreement with CivicPlus, for the purchase of agenda management software to automate and manage meeting agendas and packets at a cost of $3,600.00 with funding from the 2020 Information Technology budget.

F. SHERIFF’S OFFICE – Sheriff Hill

1. Acknowledge receipt of correspondence from Sheriff Hill regarding an agreement with Mercury Wireless (Contract C214-2020) to incorporate three separate contracts (C383-2015, C269-2016 and C101-2012) into one antenna space lease agreement and request to place additional equipment on the SE Shawnee County tower with rent increasing to $1,700.00 per month for NW Rossville Badura, SE Cook and SW Valencia sites with all rental revenue to be credited to the 911 Maintenance and Repairs Fund.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

SHAWNEE COUNTY BOARD OF HEALTH MEETING AGENDA

JUNE 11, 2020

To be held immediately following the regularly scheduled Shawnee County Board of County Commissioners Meeting at the

Shawnee County Courthouse, 200 SE 7th Street, Room B-11

1) Presentation by Dr. Pezzino

2) Update on Farmers Market

3) Public comment

Shawnee 1 ~ounty '' ~ r f; P.arKs+ ~ recreation June 2, 2020

TO:

FROM:

RE:

Board of County Commissioners Shawnee County

Tim L. Laurent, Direc~ Parks + Recreation -I v

Title Sponsor Presentation- Recognize Capitol Federal Park Services Division

Purpose: Board of Commissioners recognition of Capitol Federal as the "Title Sponsor" for the Spirit of Kansas, an annual community event that ends with an evening of fireworks to celebrate our great nation's independence, will again be held on July 4, 2020 at Lake Shawnee.

Justification: To make such events possible, productive and meaningful partnerships are cultivated with both community organizations and Foundations to deliver quality and seamless services to their residents. The Capitol Federal Foundation is one of these community partners that helps Shawnee County Parks + Recreation create and develop the Spirit of Kansas, which helps enhance the quality oflife for Shawnee County residents.

The Capitol Federal Foundation will donate $25,000 to the Parks For All Foundation to be applied towards the expense of the pyrotechnics. There are other partners contributing in-kind promotions but this partnership reduces the burden of taxpayers for the delivery of the fireworks. Public funds are only used for risk management, event preparations and services.

Representatives from Capitol Federal Savings and Capitol Federal Foundation are m attendance to present a check for sponsorship of the 2020 Spirit ofKansas event.

TLL/blt RL/KW

parks.snco.us

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

I.

SHAWNEE COUNTY DEPARTMENT of PUBLIC WORKS

1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

MEMORANDUM

785-251-6101 FAX 785-251-4920

CURT F. NIEHAUS, P.E. DIRECTOR OF PUBLIC WORKS

COUNTY ENGINEER

Date: June 4, 2020

To:

From:

Re:

Board of County Commissioners for CONSENT AGENDA

Jeffrey V. Hunt, P.E. r4 Deputy Director of Public Work~

Right-of-Way Acquisition SE 45th Street- SE Berryton/West Edge Road to SE East Edge Road Project No. S-701 007-00

Public Works has reached agreement with the property owners listed below for right-of-way necessary to construct the above referenced project.

Public Works requests authorization to pay the settlement amounts listed below.

Owner Item Tract No. Value

Permanent Public Right-of-1 $35,000.00 Duane E. & Joyce E. Hoover Way Easement and

The Board of County Commission approved a Project Budget for this project at their regular schedule meeting of October 10, 2019.

Funding sources for this project come from the following: • 2019, 2020 & 2021 Public Works Special Highway Fund • 2020 Public Works Special Bridge Fund • 2019 & 2020 Countywide Yz cent Sales Tax- Bridges • FFY 2017, 2020, & 2021 Federal Fund Obligation Authority available for Exchange with KDOT

for state dollars. • Public Works Operating Budget 2020 & 2021 (10PWOOO I 50810). • 2019 SNCO Parks and Recreation • 2019 Gary Ormsby Street Project Residuals

Sufficient funds are available in Account GL 361FOOO I JL 302070107. No detrimental budgetary implications are anticipated as a result of this requested expenditure.

attachment

Project: S-701007.01

Shawnee County

SHAWNEE COUNTY, KANSAS OFFER TO PURCHASE

STATEMENT OF COMPENSATION

Location: 2700 SE 45th Street, Topeka, Kansas 66609-9306

Dear property Owner:

Date: June 2, 2020

Tract No. : P.E.# 1

Shawnee County, Kansas, has approved a program for the construction and improvements of the above-referenced project. To accomplish the anticipated improvements, it will be necessary to acquire certain real property interests as indicated on the engineering plan and more particularly described in the instruments which will be presented to you for proper signatures, if you are receptive to the offer.

Based upon the fair market value of such real property interests, as determined by established procedures, Shawnee County, Kansas, offers you the sum of Thirty Five Thousand Dollars ($35,000.00), for your real property interests, which has been determined to be just compensation.

The amount quoted includes the following items:

Real Property to be acquired as right of way: N/ A

Buildings acquired with right of way: N/A

Other easements, if any:

Permanent: 36,962 sq. ft. Temporary: N/A

This offer is based upon a review and analysis of an appraisal of this property or analysis of available data by a qualified individual.

Value of the right of way to be acquired Value of permanent easement to be acquired Value of temporary easement to be acquired Damages/Cost to Cure: None Administrative settlement

TOTAL COMPENSATION

AOppr::~: ... < , r ~-- c...., ~ -Jv.'l/\.2, co~<:J

~~~-----~----~~---------

Duane E. Hoover, Owner (Date)

$N/A $20,515.00 $N/A $N/A $14,485.00 $35,000.00

INFORMATION FOR USE IN PREPARATION OF FORM 1099-S

REQUEST FOR TAXPAYER IDENTIFICATION NUMBER

You are required by law to furnish to the Transferee, Shawnee County, Kansas, your correct taxpayer identification number. If you do not provide your correct taxpayer identification, you may be subject to civil or criminal penalties imposed by law. (Tax Reform Act of 1986, Section 6045 [e])

1. NAME OF SELLER:

2. MAILING ADDRESS:

3. TAX I.D. NO. OR SOCIAL SECURITY NO.

Duane E. Hoover & Joyce E. Hoover

2700 SE 45th Street Topeka, Kansas 66609-9306

4. PROPERTY AFFECTED: 2700 Block of SE 45th Street Topeka, Kansas 66609-9306

5. GROSS PROCEEDS: Fee Simple N/A

Temporary Easement N/A

Permanent Easement $20,515.00

Other-Administrative settlement $14,485.00 Total Compensation $35,000.00

6. If proceeds are to be divided, you must designate how much to report to each seller, and you must provide this certification for each recipient.

Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number. I am a U.S. person (including a U.S. resident alien). I also understand that this information may be reported to the Internal Revenue Service.

Duane E. Hoover -seller signature

BELOW THIS LINE FOR OFFICE USE ONLY

Project No. S-701007.01 Parcel No. P.E.#1 Date Signed-.11..\~ l I '() a() Individual XX Corporation Other

Form W-9 Request for Taxpayer Give Form to the

(Rev. October 2018) Identification Number and Certification requester. Do not

send to the IRS. Department of the Treasury Internal Revenue Service .,... Go to www.irs.gov/FormW9 for instructions and the latest information.

1 De~s=~~n yo~com~retu~~t~~s ~ulred oEs line; do f-+.'~e~~~ ~k. 2 Business name/disregarded entity name, if differehUrom above

<Vi 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to Q) en following seven boxes. certain entities, not individuals; see "' n.

..12( Individual/sole proprietor or Instructions on page 3):

c: DJ C Corporation D S Corporation D Partnership [J TrusVestate 0

·"' single-member LLC Exempt payee code (if any) QJ c: c.o [l Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ,._ ____ ~:g ... :J 0 ...

. 5 ~ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is

code (if any) ... - another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that 0.. u

H: is disregarded from the owner should check the appropriate box for the tax classification of its owner. u g Other (see instructions) ,._ (Applies to accounts maintained outside the U.SJ QJ c. 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optionaQ (/) Q) 2700 SE 45th Street Q)

(/)

6 City, state, and ZIP code

Topeka, Kansas 66609-9306 7 List account number(s) here (optlonaQ

.:,m ,. Taxpayer Identification Number (TIN) Enter you~ TIN in. the app.ro~ri~te box. !·h~ TIN provided must. match t~e name given on line 1 to avoid backup Withholding. For tndtvtduals, thts ts generally your soctal secunty number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

I Social security number I

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Certification Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature oJ U.S. person,...

General Instructions Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-fJ and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (!TIN), adoption taxpayer identification number (A TIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns include, but are not limited to, the following.

• Form 1 099-INT (interest earned or paid)

Cat. No. 1 0231X

Date,.. ....JI.A • Form 1099-DIV (dividends, including those from stocks or mutual funds)

• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)

• Form 1 099-B (stock or rnutual fund sales and certain other transactions by brokers)

• Form 1 099-S (proceeds from real estate transactions)

• Form 1 099-K (merchant card and third party network transactions)

• Form 1098 (home mortgage interest), 1 098-E (student loan interest), 1098-T (tuition)

• Form 1 099-C (canceled debt)

• Form 1 099-A (acquisition or abandonment of secured property)

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Form W-9 (Rev. 10-2018)

Easement No. 1 Project No. S-701007.01, SE 45th Street from SE Berryton Road to SE East Edge Road

PERMANENT PUBLIC RIGHT-OF-WAY EASEMENT 2..o2..o R../J tf-

THIS INDENTURE, made this '2. II\~ day of ~ t..\ W....... , ~ by and between Duane E. Hoover and Joyce E. Hoover, husband and wife hereinafter referred -(o ;;'$the Landowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.

WITNESSETH, that the Landowner in consideration of one dollar and no/1 00 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does for itself, its heirs and assigns, hereby grant, bargain, sell, and convey unto the County, a permanent public right-of-way easement for vehicular and pedestrian traffic together with the attendant customary uses, including drainage and utilities over, under, through, across, and along all the following described real estate in the County of Shawnee, and State of Kansas, to-wit:

A tract of/and in the Southeast Quarter of Section 21, Township 12 South, Range 16 East of the 61h Principal Meridian in Shawnee County, Kansas, described as follows:

Commencing at the Southeast corner of the Southeast Quarter of Section 21, Township 12 South, Range 16 East;

Thence westerly on the south line of the Southeast Quarter of Section 21, Township 12 South, Range 16 East, on a bearing of South 88 degrees 52 minutes 09 seconds West (assumed) a distance of 520.00 feet to the point of beginning;

Thence northerly on a bearing of North 01 degrees 46 minutes 24 seconds West a distance of 62.50 feet to the existing north right of line of SE 45th Street that is also the southeast corner of Lot 1, Block A of the Hoover Subdivision;

Thence northerly on a bearing of North 01 degrees 46 minutes 24 seconds West a distance of 31.97 feet;

Thence westerly on a bearing of South 81 degrees 56 minutes 39 seconds West a distance of 301.14 feet to the west line of Lot 1, Block A of the Hoover Subdivision;

Thence southerly on a bearing of South 01 degrees 07 minutes 51 seconds East on the west line of Lot 1, Block A of the Hoover Subdivision, a distance of 5. 66 feet to the existing north right of line of SE 45th Street that is also the southwest corner of Lot 1, Block A of the Hoover Subdivision:

Thence southerly on a bearing of South 01 degrees 07 minutes 51 seconds East a distance of 52.50 feet to the south line of the Southeast Quarter of Section 21, Township 12 South, Range 16 East;

Thence easterly on the south line of the Southeast Quarter of Section 21, Township 12 South, Range 16 East, on a bearing of North 88 degrees 52 minutes 09 seconds East a distance of 300.00 feet to the point of beginning.

The above tract contains 6,918 sq. ft. (0.16 acres), more or Jess, exclusive of existing right of way.

AND

Commencing at the Southeast corner of the Southeast Quarter of Section 21, Township 12 South, Range 16 East and the point of beginning;

Thence westerly on the south line of the Southeast Quarter of Section 21, Township 12 South, Range 16 East, on a bearing of South 88 degrees 52 minutes 09 seconds West (assumed) a distance of 520.00 feet;

Thence northerly on a bearing of North 01 degrees 46 minutes 24 seconds West a distance of 62.50 feet to the existing north right of line of SE 45th Street that is also the southeast corner of Lot 1, Block A of the Hoover Subdivision;

Thence northerly on a bearing of North 01 degrees 46 minutes 24 seconds West a distance of 31.97 feet;

Thence easterly on a bearing of North 81 degrees 56 minutes 39 seconds East a distance of 150.62 feet;

Thence northeasterly on a bearing of North 65 degrees 09 minutes 03 seconds East a distance of 107.70 feet;

'.

Easement No. 1 Project No. S-701007.01, SE 451h Street from SE Berryton Road to SE East Edge Road


Thence northeasterly on a bearing of North 26 degrees 32 minutes 39 seconds East a distance of 51.65 feet;

Thence northerly on a bearing of North 10 degrees 00 minutes 46 seconds East a distance of 120.86 feet;


Thence southerly on a bearing of South 01 degrees 46 minutes 24 seconds East a distance of 47.20 feet,

Thence easterly on a bearing of North 88 degrees 52 minutes 09 seconds East, a distance of 20.01 feet to the existing west right of way line of SE West Edge Road;

Thence easterly on a bearing of North 88 degrees 52 minutes 09 seconds East a distance of 20.00 feet to the east line of the Southeast Quarter of Section 21, Township 12 South, Range 16 East;

Thence southerly on a bearing of South 01 degrees 46 minutes 17 seconds East, a distance of 283.09 feet on the east line of the Southeast Quarter of Section 21, Township 12 South, Range 16 East, to the point of beginning;

The above tract contains 30,044 sq. ft. (0. 69 acres), more or less, exclusive of existing right of way.

The County is purchasing this permanent public right-of-way easement for the purpose of erecting or improving a public roadway for the passage of vehicular and pedestrian traffic, and the County reserves the right to make improvements on that property according to such plans and specifications, as will, in its opinion, best serve the public purpose. The payment of the purchase price for the public right-ofway easement conveyed shall be considered full compensation for that public right-of-way easement, and for any diminution in value that may result to the remaining property by virtue of proximity to the project, grade, alignment, utility installation, or the alteration of drainage patterns and facilities.

The Landowner, its heirs, or assigns shall retain all underlying fee interest in the above-described property subject to the use by the County for a Public Right-of-Way Easement. Landowner understands and agrees that it is prohibited from placing or constructing any structure or improvement on the abovedescribed property. Further the use of the Public Right-of-Way Easement shall be subject to Kansas State law and Shawnee County Resolutions governing public rights-of-way.

Should one or more of the Landowners be natural persons not joined by their respective spouses, it is conclusively presumed that the land conveyed is not the residence or business homestead of such Landowner(s). Should one or more of the grantors be a legal entity other than a natural person, it shall be conclusively presumed that the person signing on behalf of that party has been duly and legally authorized to so sign and there shall be no necessity for a seal or attestation.

This Permanent Public Right-of-Way Easement shall run with the land and be binding upon the grantees, lessees, successors, and assigns of the parties hereto, unless terminated by the abandonment of the Public Right-of-Way Easement by the County.

Easement No. 1 Project No. S-701007.01, SE 451h Street from SE Berryton Road to SE East Edge Road

IN WITNESS WHEREOF, said parties of the first part have hereunto set their hands the day and year first above written.

E2~E,,~ ~,i~ STATE OF KANSAS, COUNTY OF SHAWNEE, ss.

__:::_:_....:..c.._ day of ..J lA ~ the County and

ovv

2..0Z...O Q.QI>{-.~, before me, the

State aforesaid, came

who _Q_£_-<:.,. personally known to me to be the same person3 who executed the within instrument of writing, and such person_2 duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written.

,

Shawnee 1 ~ounty '-', , ! ' P.arKs+ -! recreation June 2, 2020

TO:

FROM:

RE:

Board of Commissioners Shawnee County

Tim L. Laurent, Direc~ Parks + Recreation l (,.. LaborMAX Agreement Park Services Division

Purpose: Board of Commissioners consideration and execution of the Labor MAX agreement to provide temporary staffing for the July 4th Spirit of Kansas activities held at Lake Shawnee. Labor MAX shall provide 13 temporary staff for eight hours to perform duties and requirements requested by Parks + Recreation during the event. Expenses for LaborMAX contracted services are $1,414.40, payable from the Park Services Division operating budget.

Justification: Shawnee County is able to save substantial expenses by contracting cleaning and stocking of restroom facilities and litter control on Lake Shawnee parkland during this community holiday event.

TLL/blt RL Attachments

parks.snco.us

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

I

Billing Rate Quotation Issued: 6/2/2020

SHAWNEE COUNT LaborMax Staffing CONT .) 2601 SW 21st St. Suite A

RACT Wf. C 3DS:.,J.c=to

Shawnee County Parks and Rec 3137 SE 29th Street Topeka, KS 66605 Attn: Riley Shafer

TOPEKA, KS 88804 Phone: (785) 783-7001

Fax:(785) 783-7005

QUOTE FOR SERVICE

Regular Billing Rate (Straight Time): 1.60 Markup on alllaborMax Staffing employees. Beginning January 1st. 2015, there will be an additional 3% surcharge added to all LaborMax invoices due to the Affordable Care Act (ACA). Charges for optional customer services are: Drug Test- $30, Background Check- $25, and MVR- $15.

The billing rate above includes all wages, worker's compensation premiums, unemployment insurance, payroll taxes, and all other employer burdens; recruiting, administration and payroll funding. Overtime will be billed at one and one-half times the regular billing rate for all time worked over forty hours in a pay period and/or 8 hours in a day as provided by state law. Rates are subject to change at any time upon 7 days written notice. A fuel surcharge may be added to each invoice.

Customer acknowledges that they have complete care, custody, and control of job site. Customer agrees to comply with all applicable laws, regulations, and ordinances relating to health and safety, wage and hour, overtime and all other applicable employment laws, and agrees to provide any site/task specific training and/or safety devices and protective equipment necessary or required by law. Customer will not, without prior written consent of LaborMax Staffing, entrust LaborMax employees with the handling of cash, checks, credit cards, jewelry, equipment, tools, or other valuables. Customer agrees not to place workers in a supervisory position. Customer agrees to supervise workers at all times.

Customer agrees to indemnify and hold harmless LaborMax Staffing for all claims, damages, or penalties arising out of violations of the Occupational Safety and Health Act (OSHA) of 1970, or any state law with respect to workplaces or equipment owned, leased, or supervised by Customer and to which employees are assigned.

Customer will not, without prior written consent of LaborMax Staffing, utilize LaborMax Staffing employees to operate machinery, equipment, or vehicles. Customer agrees to indemnify and save LaborMax Staffing and its employees harmless from any and all claims and expenses (including litigation) for bodily injury or property damage or other loss as asserted by Customer, its employees, agents, the owner of any such vehicles and/or equipment or contents thereof, or by members of the general public, or any other 3rd party, arising out of the operation or use of said vehicle and/or equipment by employees of LaborMax Staffing.

LaborMax Staffing's work week begins on Saturday and ends on Friday. Commencement of work by dispatched workers, or customer's signature on work ticket serves as confirmation of Customer's agreement to conditions of service listed on the back of the work ticket. Billable time begins at the time workers report to the workplace at your request. Jobs must be cancelled a minimum of two hours prior to start time to avoid a minimum 4 hour billing. We guarantee our workers will satisfy you or the first two hours are on us. If you are not satisfied with the workers, call us within the first two hours and we will replace them free of charge.

Pending credit approval, invoices are due 7 days from the receipt (unless other arrangements have been made). Customer agrees to pay reasonable attorney's fees and/or collection fees for any unpaid account balances.

Customer may hire work.er for no fee after individual has completed 720 hours of billing, or 90 working days. Customer agrees to pay an administrative placement fee of $2,500.00 if worker is hired on prior to completion of 720 hours or 90 working days.

After reviewing this "Quote for Service", please sign and fax back to the number listed above.

Customer Name (Print) Title Customer Signature Date

Labor Max Staffing Addendum to Quote for Service:

• The Topeka Labor Max Staffing Office will be the main point of contact.

• Customer, Shawnee County Parks & Recreation, may hire workers for no fee after

completion of 40 days of billing.

• LaborMax will also waive the ACA Surcharge on all Invoices.

We would like to thank you for making Labor Max Staffing a part of your staffing

solution and look forward to our continued Partnership.

Signaturefritle ofLaborMax Staffing Representative/Date Signatureffitle of Rep of Shawnee County Parks & Recreation./Date

Toby, Brian

From: Sent: To:

Brzon, Jonathan Tuesday, June 02, 2020 2:12PM Toby, Brian

Subject: Re: Shawnee County Parks and Rec 2020 Documents

Approved as to form and legality JCB

On Jun 2, 2020, at 2:06PM, Toby, Brian <[email protected]> wrote:

JCB, Please review. Thanks. Brian

From: Shafer, Riley Sent: Tuesday, June 02, 2020 1:48PM To: To-by, Brian -" Subject: FW: Shawnee County parks and Rec 2020 Documents

---- ---··--- ··;;.

From: Dayton Bossard [mailto:daytan~bossard@ial>o-rmaxstaffing.com] Sent: Tuesday, June 02, 2020 1:44PM To: Shafer~ Riley; Topeka LaborMax Subject: Shawnee County Parks and Rec 2020 Documents

' Good afternoon Mr. Shafer,

Sorry for the delay on this here is an updated Quote and Addendum for this year. If there are any questions or concerns please feel free to reach out to our office.

Thank You!

Have a wonderful day, Dayton Bossard Recruiter I Account Manager 2601A SW 21st Street Topeka, Ks. 66604 Office: 785-783-7001 Cell: 785-410-1838 [email protected]

1

Shawnee 1 £ounty '-'\, , f; P.arKs+ · '! recreation June4, 2020

TO:

FROM:

RE:


Tim Laurent, Director Parks +Recreation 1!-Tennite Treatment Contract - Ozark Outdoor Adventure Division

Puroose: Board of County Commissioners approval is requested on the attached tennite control contract and service agreement for Crestview Shelter, located at 4901 SW Shunga Drive, in the amount of $1,224 with annual warranty renewal option of $150. Funding allocated from the current operating budget.

Justification: The treatment includes all areas of the interior that are susceptible to future termite infestations, i.e., sheet rocked walls, plywood walls, etc. as well as the entire exterior perimeter of the building. The tennite treatment is covered by the agreement for a one-year period from the date application is completed. The wan-anty is optional and can be cancelled at any time.

TLL!lk RL Attachment( s)

parks.snco.us

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

Kelly, Linda

To: Kelly, Linda Subject: FW: Ozark Termite

From: Brzon, Jonathan Sent: Wednesday, June 03, 2020 9:05AM To: Kelly, Linda Subject: RE: Ozark Termite

Approved as to form and legality. JCB

1

,_SHAWNEE COUN-t~ tONTRACT if C. ~D~-~c~o

Ozark Integrated Pest Service Inc. INVOICE 0~~9~ 4103 NW 16th St. Topeka, Ks 66618 785-234-2290 PBL 2784 www.ozarkpest.com

office@oza rkpest.com

SHAWNEE COUNTY PARKS & REC 3137 Southeast 29th Street Topeka, KS 66605

ACCOUNT# 6848

9•c-r ~!fZVIee-e

SERVICE ADDRESS

TC:It'RA, ICANSU

We accept Visa,Master Card & Discover

PRIMARY CONTACT

SHAWNEE COUNTY PARKS SHAWNEE COUNTY & REC PARKS & REC 4901 Southwest Shunga 785-215-4490 Mobile Drive CRESTVIEW SHELTER HOUSE Topeka, KS 66614

INVOICE 44997 05/30/2020

ITEM COST QTY PRICE

TERMITE TREATMENT

Termite Treatment

Treatment for control of termites

Terms All work is cash on delivery of services unless arrangements have been made

in advance. Interest of 1112% per month will be added to your balance 30 days or older. Minimum past due charge is $1.25.

Notes Thank you for your business. Drilled, trenched and treated ext perimeter for

termites. Plugged and patched holes. See drawing for details.

We checked in at 9:52am and checked out at 12:55pm.

$1,224.00 1 $1,224.00

Subtotal $1,224.00

Non Tax Non $0.00 Profit Shawnee

County

Total $1,224.00

Amount Paid $0.00

Amount Due $1,224.00

All work is cash on delivery of services unless other arrangements have been made in advance. Interest of 11/2% per month will be added to your balance 30 days old or older. Minimum past due charge is $1.25.

lMATERIAL 1 EPA -#loTY ---rDILUTION 1 METHOD I LOCATION rrARGET (AREA ........................................................................... '"')·------· .. ···--· .................................. ____ .. __________ .. _________ ., ................. "1"""""'"'"-""'""""'"'""'"'"'-""'""---... - _, ................. ----·------.......................... -'

Termidor HE !106 1 ! 0 125

o/c I Liquid Soil . Exterior j Termites, To I 7969-329 ! ga ! · 0 l Treatment I Perimeter I Control Entry l -·----·-----·---·-.. -···---........................................................................ ___ _L_._ .. ____ ,_ ... _., ............ ! ................ ____ .... __ ................................ _______ ..... _, .......... - ....... - .................. ..

CLIENT SIGNATURE SHAWNEE COUNTY PARKS & REC I

Seth Abbott 26311

TECH SIGNATURE Seth Abbott 1 05/30!2020 / / ·

Date: ~ Z _lfl

Location: C.re~.-\via.o 5kl~ Purpose: +ec.c;..-k --1-reke/L..t Account: 10Q2SHE Code: 50 c:2\c

Supervisor:_---'~7P--=-------~~

ADnroval: -------:::::c;;--¥'---11---------

--~----- ---- -~ ---------------------------------- ·- ---------------------------------:..------------------------

Ozark Integrated Pest Service Inc. 4103 NW 16th St Topeka, Kansas 66618

Customer

Account# Invoice# Invoice Date

Total

Amount Enclosed

SHAWNEE COUNTY PARKS & REC

6848 44997

05/30/2020

$1,224.00

OZARK INTEGRATED PEST SERVICE, INC. 4103 NW 16tb St. Topeka, Ks 66618

785 234-2290 TERMITE CONTROL CONTRACT AND SERVICE AGREEMENT

PROPERTY OWNER: Shawnee County Parks And Rec. PROPERTY ADDRESS: 4901 SW Shunga Dr. CITY: Topeka STATE: Kansas· ZIP: 66614 ORlGINAL TREATMENT DATE: 05/30/2020 TYPE OF TREATMENT: LIMIT:ED LIQUID SOIL TREATMENT

OZARK INTEGRATED PEST SERVICE, INC. AGREES TO TREAT THE ABOVE DESCRIBED PROPERTY FOR THE CONTROL OF SUBTERRANEAN TERMITES FOR THE SUM OF $1224.00. THE TERM OF THE ORIGINAL GUARANTEE IS ONE YEAR, BEGINNING ON THE ORIGINAL TREATMENT DATE. RE-INSPECTION FEES WILL BE $150.00 DUE ANNUALLY AND CAN :aE CANCELLED AT ANY TIME BY THE PROPERTY OWNER OR OZARK INTEGRATED PEST SERVICES INC. TO KEEP WARRANTY IN EFFECT, ANNUAL RE-INSPECT! ON AND INSPECTION FEE MUST REMAIN CURRENT. OZARK INTEGRATED PEST SERVICE INC. RESERVES THE RIGHT TO ADJUST ANNUAL INSPECTION FEES YEARLY.

DURING THE PERIOD THIS SERVICE AGREEMENT IS IN EFFECT, OZARK INTEGRATED PEST SERVICE INC. WILL PROVIDE ADDITIONAL TREATMENT AS IT BECOMES NECESSARY DUE TORE-INFESTATION. OZARK INTEGRATED PEST SERVICE INC. WILL NOT BE RESPONSIBLE FOR ANY TERMITE DAMAGE TO THE STRUCTURE OR ITS CONTENTS OCCURRING PRIOR TO OR DURING THE TERM OF THIS SERVICE AGREEMENT.

PROPERTY OWNER MAY TRANSFER THIS SERVICE AGREEMENT TO A NEW O~R OF THIS PROPERTY AS LONG AS SERVICE AGREEMENT HAS BEEN KEPT IN FORCE CONTINUOUSLY.

PROPERTY OWNER AGREES TO ARRANGE WITH OZARK INTEGRATED PEST SERVICE INC., TO PROVIDE ADDITIONAL SERVICE AND/OR ADJUST THE ANNUAL RE-INSPECTION FEE, TO COVER ALTERATIONS IN OR ADDITIONS TO THE STRUCTURE AFTER THE-ORIGINAL TREATMENT DATE.

PROPERTY OWNER MAY CANCEL THIS GUARANTEE BY WRITTEN NOTICE TO THE COMPANY.

LIMITED DISCLOSURE STATEMENT

THE TERMITE TREATMENT FOR WHICH YOU HAVE CONTRACTED IS COVERED BY THE COMPANY'S SERVICE AGREEMENT FOR A ONE-YEAR PERIOD FROM THE DATE THE . APPLICATION IS COMPLETED. A SERVICE AGREEMENT IS THE COMPANY'S PROMISE TO TAKE SPECIFIC ACTIONS SHOULD A PRODUCT OR SERVICE FAIL WITHIN A PARTICULAR TIME LIMIT.

THE TERMITE TREATMENT USES A TERMITE CONTROL CHEMICAL, WHICH IS INJECTED INTO THE EARTH AROUND AND UNDER THE FOUNDATION OF THE STRUCTURE. THE TERMITE CONTROL CHEMICAL BONDS WITH THE EARTH AND FORMS A LONG LASTING CHEMICAL COMPLEX WHICH PRODUCES A TERMITE BARRIER AROUND AND UNDER THE TREATED STRUCTURE.

THE COMPANY'S ONE-YEAR SERVICE AGREEMENT MAY BE VOIDED BY CERTAIN CONDITIONS WHICH BREAK THE CHEMICAL BARRIER SUCH AS DISTURBANCE OF TREATED SOIL BY REMODELING, SETTLING, EXCAVATION OR EROSION, EVEN IF THE BREAK IS THE RESULT OF ACTS OF NATURE. SHOULD THE TREATED STRUCTURE HAVE A TERMITE INFESTATION OR RE-INFESTATION DURING THE TERM OF THEW ARRANTY, THE COMPANY WILL RETREAT THE RE-INFESTED AREA AT NO CHARGE UNLESS EXTENUATING CIRCUMSTANCES SUCH AS THOSE OCCUR.

THE COMPANY ALSO SELLS ON A YEAR TO YEAR BASIS A" RENEWABLE SERVICE AGREEMENT." IT PROVIDES FOR SUCCESSIVE ONE-YEAR EXTENSIONS OF THE COMPANY'S INITIAL SERVICE AGREEMENT. THE COMPANY WILL INSPECT THE TREATED STRUCTURE ANNUALLY TO ENSURE THE EFFECTIVENESS OF THE TREATMENT AS LONG AS THE RENEWABLE SERVICE AGREEMENT REMAINS IN EFFECT. THE RENEWABLE SERVICE AGREEMENT MAY ALSO BE VOIDED BY EXTENUATING CIRCUMSTANCES SUCH AS THOSE PREVIOUSLYDESCRiiJED, WHICH BREAK THE CHEMICAL BARRIER. IF SUCH A CONDITION WERE TO OCCUR. YOU WOULD BE RESPONSffiLE FOR PAYING THE COST OF RE-TREATMENT OF THE EFFECTED AREA. THE COST FOR YOUR SERVICE AGREEMENT IS STATED IN YOUR CONTRACT WARRANTY AND CAN BE ADJUSTED YEARLY.

EXTENUATING CIRCUMSTANCES WHICH ARE BEYOND THE CONTROL OF EITHER THE COMPANY OR YOU, BUT wHICH ARE COVERED UNDER THEW ARRANTY, INCLUDE BUT ARE NOT LIMITED TO:

1. A LACK OF SOIL CONSISTENCY OF SOIL TEXTURE BENEATH THE SURFACE OR UNDER CONCRETE SLABS WHICH MAY DIVERT THE FLOW OF THE TERMITE CONTROL CHEMICAL. 2. THE PRESENCE OF CELLULOSE MATERIAL (WOOD) UNDER THE SOIL SURFACE OR REMAINING INSIDE FOUNDATIONS, PROVIDING TERMITES CONTINUED ACCESS. 3. VEGETATION ROOT GROWTH THROUGH THE TREATED SOIL, CREATING ACCESS FOR TERMITES.

. FOR THESE REASONS, THE COMPANY RECOMMENDS PURCHASE OF THE RENEW ABLE SERVICE AGREEMENT TO PROVIDE FOR AN ANNUAL INSPECTION TO ENSURE THAT INFESTATION HAS NOT OCCURRED. THE LAW DOES NOT PERMIT THE APPLICATION OF ADDITIONAL TERMITE CONTROL CHEMICALS UNLESS THERE IS EVIDENCE OF A TERMITE RE-INFESTATION FOLLOWING THE INITIAL TREATMENT.

IN THE CASE OF YOUR STRUCTURE THE TREATMENT IS CONSIDERED TO BE LIMITED DUE TO THE FACT THAT AT OUR DISCRETION THE FOLLOWING AREA'S WERE NOT TREATED; PLEASE SEE THE TERMITE DRAWING FOR AREAS NOT TREATED. IF THERE ARE QUESTIONS, PLEASE CALL OUR OFFICE.

I UNDERSTAND THIS IS A LIMITED TREATMENT DUE TO THE DISCRETION OF THE PEST CONTROL COMPANY AND ABIDING BY ALL STATE LAWS. PLEASE CALL IF THERE ARE ANY QUESTIONS. IN ORDER FOR US TO START TREATMENT ON THE PROPERTY WE NEED A SIGNATURE ON FILE STATING YOU AGREE TO THIS LIMITED TREATMENT THAT CARRIES A FULL ONE YEAR WARRANTY.

PROPERTYOWNER ~

OZARK INTEGRATED PEST SERVICE INC/

Ozark lntegrated Pest Service, Inc. 41 03 NW 16th Street

Topeka, KS 66618 866-234-PEST • Fax (785) 234-2860

; I I I i I I . . r·:a.-_.·

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Shawnee 1 t2ounty "-', , f; P.arKs+ . ~ recreation June 5, 2020

TO: Board of County Commissioners Shawnee County

FROM:

RE:

Tim L. Laurent, Director 4'[. Parks + Recreation I~

Internship Provider Certification Park Operations Division

1iJ 5.

Purpose: Board of Commissioners approval and execution on the South Dakota State University Provider Certification is requested for an intern working with our Park Operations Division this summer. No fmancial impacts related directly to this internship agreement.

Justification: The Provider Certification is the school's internship emergency release, waiver and indemnity agreement related to the Covid-19 Pandemic. Trevor Doffm is working as an intern with Tom Hammer, Natural Areas Development/Forestry Supervisor.

TLL/blt JM Attachments

parks.snco.us


South Dakota State University PROVIDER CERTIFICATION

INTERNSHIP EMERGENCY RELEASE, WAIVER and INDEMNITY AGREEMENT

South Dakota State University (SDSU) has limited its operations in response to the National, State, and South Dakota Board of Regents (uSDBOR") Declarations of Emergency due to COVID-19 (((Pandemic"). As a result, SDSU classes are only offered in an online format from March 23, 2020 through at least the duration of the 2020 spring and summer semesters. This is a Provider Certification to allow completion of internship activities for academic credit under certain conditions.

Provider acknowledges it is a Provider for a SDSU Student Internship for academic credit per SDSU Policy 2:24. The following are required for consideration of the internship (please initial and complete the following):

__ Provider understands and agrees that the internship, Provider, and participating students must comply with all guidelines set forth by the South Dakota Department of Health (uSDOH") and U.S. Centers for Disease Control (((CDC"), as well as all lawful federal, state, and local orders relating to the COVID Pandemic at all times during my internship activities to qualify for this exception. Provider certifies that the internship will at all times comply with said guidelines.

__ The internship details and compliance with SDOH and CDC, as well as lawful federal, state, and local orders follow and Provider hereby also certifies the internship will at all times comply with the following:

1. If the SDOH, CDC, or other regulatory entity requires additional guidelines be followed, Provider will update its protocols and submit those to SDSU for consideration, review, and approval prior to implementation.

2. Provider understands and agrees that SDSU reserves the right to revoke and end this exception to cancellation of internships for academic credit at any time in its discretion or if the necessity arises for it to no longer provide this exception.

3. Assumption of Risk, Release, and Indemnification: Provider acknowledges that the provisions of Section 4.8 of the Internship Agreement between the parties includes for internship activities during the COVID Pandemic. Further, Provider, its employees, agents, representatives, and assigns may be exposed to risks that may result in illness, personal injury, or death and understands and accepts all risks that may result, and that SDSU cannot control or guarantee these risks. Provider understands that SDSU is not responsible for any expenses associated with damage or injury sustained.

An authorized representative of Provider hereby affirms they have read and understand this document and by their signature that they understand and agree to all of its provisions and agree to be so bound.

Print Provider Authorized Individual Name Title

Provider Authorized Individual Signature Date

APPROVED FOR SDSU:

Dennis Hedge, Pharm.D. Provost/V.P. Academic Affairs

Date

Toby, Brian

From: Sent: To:

Brzon, Jonathan Thursday, June 04, 2020 3:22 PM Toby, Brian

Subject: Re: Sheet for internship


On Jun 4, 2020, at 3:08PM, Toby, Brian <[email protected]> wrote:

JCB, We have an intern here at work from SDSU. He provided this to Tom and Olivia. I am providing to you .to make sure it is good to go. He has filled out the internship paperwork for SCP+R already. Let me know. Thanks, Brian

From: Hammer, Tom Sent: Tuesday, May 26, 2020 8:54AM To: Mayer, Olivia Cc: Toby, Brian Subject: FW: Sheet for internship

Fyi, thought I'd better check on this first. This guy has been with us for a week or so.

From: Trevor Daffin [mailto:[email protected]] Sent: Monday, May 25, 2020 6:30 PM To: Hammer, Tom Subject: Sheet for internship

Hi Tom,

I'm finally getting this to you, I think I mentioned it last week. Its just a sheet acknowledging risks with COVID since the internship is face-to-face.

Thanks, Trevor Daffin <2020-05-04 Provider Certification Form-SDSU Internships for Academic Credit.docx>

1

DATE: June 05, 2020

TO: Board of County Commissioners

Shawnee County Facilities Maintenance

200 SE 7th Street Topeka, KS 66603

(785) 251-4490

FROM: Bill Kroll, Facilities Maintenance Director

SUBJECT: Request for approval to utilize $3,830 from contingency fund to pay for repairs to the elevator at the Shawnee County Elections Office, 3420 SW VanBuren.

Recent issues with the Elections Office elevator were discovered to have been caused by an obsolete door safety edge system. Minnesota Elevator decided the best option was to replace the door edge safety system with a new modern component. Elections Office is requesting use of contingency funds to cover these expenses.

Respectfully,

Bill Kroll Facilities Maintenance Director

Cc: Betty Greiner

June 3, 2020

Shawnee County

Sheriff's Office Sheriff Brian C. Hill

Law Enforcement Center

MEMORANDUM

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

785-251-2200

TO: Shawnee County Commission

FR: Sheriff Brian C. Hill

RE: Annual Subscription Increase

The Sheriff's Office has an annual subscription to Mitchelll for our online access to Pro Demand

Only Repair. The online data base allows our shop to access information on repairs and service.

The cost for this subscription is $1,608.00 a year. In the past we shared this expense equally

with Public Works and Solid Waste. Solid Waste wishes not to renew this year, so the cost for

the Sheriff's Office and Public Works would now be $804.00 each.

Please place this on the June 11, 2020 consent agenda.

Sincerely,

~·- (_ vJl Brian C. Hill,

Sheriff, Shawnee County

MITCHELLl -tt· r KLbbL)j 25029 ':ETwORK PLACE INVOICE CHICAC;O, Il 60673-1250

SHAwNEE COUNTY SHERIFF 8 TODD GOOD

1515 Nw S.ALINE L TOPEKA KS 66618 L

1 PDORGIFf

d5SVJ 31 .;J.

FED tO# 33-0734307

SHAWNEE COU\TY SHERIFF S TODD GOOD H 1515 NW SALINE

TOPEKA KS 66618 p

1608 QC;

50 ,;u:.ot

l SUB TQ[ I 1 608. 00 I :)AL>=:S \A)( f I c oc I SH-P?TNG I I ,- nn l

.. ~· k _ _r_ -- --L---·--~~:-~-1 THANK YOU \ I

~ f.·C.8 GO 1 Please Pay Thts Amount .i

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BILL TO ACCOUNf NO. - 1013369 8

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SHAWNFE COU~lY SHERIFF TQ[)[' GOOD 1515 NVJ' SA~ t~·tJE TOPrKA kS b6rclR

I I II ' ' ' II ; ' ' II ' ' I II Ill. ·' ' ' .II I I

PRQFORf\P.A.

l'leaw remove at pet·fttration :llld rrturu wHh ;our paynH'llt. I hank vou.

s rl I p

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INVOIC:E SORRY. Nc CANNOT ACCEPT POST DATED CHECKS.

1608.00

SHIP TO ACCOUNT ,0. - 1013369

SHAWNEE COUNTY 5~ERI~F

Ti)[JO GOOD l:i E Nir1 SA LINt: TC)P[K!\ KS 666~8

June 8, 2020

Shawnee County


Law Enforcement Center 320 S. KANSAS, SUITE 200

TOPEKA, KANSAS 66603-3641 785-251-2200

MEMORANDUM

TO: Board of County Commissioners

FR: Sheriff Brian C. Hill

RE: Axon Air

We have made an addendum to the current Body Worn Camera (BWC) contract with Axon International. The software would enable the Sheriff's Office to live stream video footage from our drones. The cost of the software would be $2,700 and would be added to the current BWC contract. This addendum would added to each year of the BWC contract.

This software support system will be paid with budget funds.

Please place this on the Thursday June 11th Consent agenda.

Sincerely,

Brian C. Hill Shawnee County Sheriff

.. ..

SHIP TO Eric Coffin

Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737

Shawnee County Sheriffs Office - KS 320 S KANSAS AVE STE 200 TOPEKA, KS 66603 us

Year1

Item Description

Other

12338 AXON AIR EVIDENCE.COM LICENSE

12339 AXON AIR EVIDENCE COM LICENSE PAYMENT

Year2

Item Description

Other

12339 AXON AIR EVIDENCE.COM LICENSE PAYMENT

BILL TO

SHAWNEE COUNT'l CONTRACT :1£ G :l.D/ ~::t~:l.C

Q-256763-43985.960LM

Issued 06/03/2020 I

.. Quote Expiration: 06/05/2020

Account Number 108403

Payment Terms: Net 30 Delivery Method: Fedex - Ground

Contract Number: 00009020

Shawnee County Sheriffs Office - KS ATTN : ACCOUNTS PAYABLE

SALES REPRESENTATIVE Lindsey McElroy

Phone: 480-502-6200 Email: [email protected]

Fax:

320 S. KANSAS AVE ., STE 200 Topeka , KS 66603 us

Term Quantity

(Months)

24 3

12 3

Term Quantity

(Months)

12 3

Q-256763-43985.960LM 1

List Unit Price

0.00

900.00

PRIMARY CONTACT Eric Coffin

Phone: 785.251 .2223 Email : [email protected]

Net Unit Price Total (USD)

0.00 0.00

900.00 2,700.00

Subtotal 2,700.00

Estimated Shipping 0.00

Estimated Tax 0.00

Total 2,700.00

List Unit Net Unit Price Total (USD)

Price

900.00 900.00 2,700.00

Subtotal 2,700.00

Estimated Tax 0.00

Total 2,700.00

Grand Total !

Protect Life.

.. . Notes

This quote is co-termed with quote Q-65915 (executed contract #00009020). Year one has been aligned with agency billing dates. This has been done based on a license start date of 6/15/2020.

Tax is subject to change at order processing with valid exemption.

Axon's Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon 's Master Services and Purchasing Agreement (posted at www.axon .com/legallsales-tenms-and-conditions) , as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable . Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work) , you represent to Axon that you have legal authority to bind that entity. If you do not

::::~::.:"thoocy '2ZU Date _ ___:t-'::;7,~-A):.___._,,c..~--"Z;;;_c'J..;_· ______________ _

5/z4AaG L H~l~r-Name (Print) :

PO# (Or write N/A):

Title :

Please sign and email to Lindsey McElroy at lmcelroy@axon .com or fax to

Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com

,, ' i

' Review1

Comments:

The trademarks referenced above are the property of their respective owners.

·,

'

***Axon Internal Use Only***

SFDC Contract#:

Review2

Q-256763-43985.960LM 2

Order Type: RMA#:

Address Used : SO#:

Protect Life.

tSHAWNEE COUNl't tONTRACI ac.'32i-.~ olf

Shawnee County

Sheriff's Office Sheriff Herman T. Jones Law Enforcement Center

320 S. KANSAS, SUITE 200 TOF>EKA, KANSAS 66603·3841

785-25; ·2200

MEMORANDUM BOARD OF CO. COMMISSION APPD TBLD DEF DND@ DATE 10/J ... "S' /J f: October 9, 2018

~&J?IW ~:' OUNTY ClERK

To: Board of Shawnee County Commissioners

From: Sheriff Herman T. Jones

Re: New Axon Body Worn Camera Contract

We are consolidating all of our different Axon body worn camera maintenance agreements into one maintenance agreement with Axon Enterprise, Inc. The current maintenance agreements are as follows: C3954 2014 C197-2015 C241-2015 C292-2016 C313-2017 The new consolidated maintenance agreement period will be spread over five years with annual payments beginning with $59,649.38 and increasing to $100,488.00 for the subsequent four years. The payments will be made with budgeted funds.

Please place this on your October 15, 2018 consent agenda.

If you have any questions please let me know.

Sincerely,

~ Herman T. Jones, Shawnee CountY.

Q-176303-43311.874CM

, , J• .,j 1_1 , -_ ~ '.'!I'.~

Axon Enterprise, Inc. 17800 N 85111 St. Scollsdale, Arizona 85255 Un~ed States

:._, . . :\ v,; i ~ E E COUi'-fl_l:;r. CONTRACT ~C2>43 ·¥2

Quote Expiration: 0913Gf20i8

Phone (800) 978-2737

BILL TO SHIP TO Shane Hoobler Shawnee County Sheriff's Office- KS 320 S KANSAS AVE

Shawnee County Shenffs Office- KS ATTN : ACCOUNTS PAYABLE

STE 200 320 S. KANSAS AVE., STE 200 Topeka , KS 6660 3

TOPEKA, KS 66603 us

us

Year1

Item Description

Axon Plans & Packages

80082 UNLIMITED BWC BUNDLE YEAR 1 PAYMENT

85110 EVIDENCE.COM INCLUDED STORAGE

Year2

Item Description


80083 UNLIMITED BWC BUNDLE YEAR 2 PAYMENT


Year3

Item Description


80084 UNLIMITED BWC BUNDLE: YEAR 3 PAYMENT


Quantity List Unit

Price

106 948.00

4,240 0.00

Quantity List Unit

Price

106 948.00

4,240 0.00

Quantity List Unit

Price

106 948.00

4.240 0.00

Start Date: 10101 12018 Payment Terms Net 30

Delivery Method. Fedex . Ground

SALES REPRESENTATIVE Chr•s Morton

Phone. Emarl. cmorton@axo., com

Fax

PRIMARY CONTACT Snane Hoobler

Phor-e. (785 ) 251 -2281 Email sh;:me.hOob er@snco us

Net Unit Price Total (USO)

562.73 59,649.38

0.00 0.00

Subtotal 59,649.38

Estimated Shipping 1 0 00 I

Estimated Tax i 0.00

Total 59,649.38

Nat Unit Price Total (USC)

948.00 100,488.00

0.00 0.00

Subtotal 100,488.00

Estimated Tax 0.00

Totai1

100,488.00

Net Unit Price Total (USD)

948.oo I 100.488 00

0.00 0.00

Subtotal 100,488.00

Estimated Tax 0.00

Total 100,488.00

Protect Ufe.

·---- ------------------

Year4

Quantity U1t Unit

Net Unit Price Total (USC) Price

Item Description


80085 UNLIMITED BWC BUNDLE: YEAR 4 PAYMENT 106 948.00 948 .00 100,488.00

85110 EVIDENCE.COM INCLUDED STORAGE 4.240 0.00 000 0.00

Subtotal · 100,488 00

Estimated Tax i 0.00

Total 100,488.00

Year5

Quantity List Unit

Net Unit Pric• Total (USC) Price

Item Description


80086 UNLIMITED BWC BUNDLE: YEAR 5 PAYMENT 106 948.00 948.00 100,488.00

85110 EVIDENCE.COM INCLUDED STORAGE 4,240 0.00 0.00 0.00

Subtotal 100,488.00

Estimated Tax . 0.00

Total ! 100,488.00

Grand Total! 461,601.38

Q 176303-43J 11 B;4CM ... Protect Life .

.4\AXON

Discounts (uso) Quote Expiration : 09130!2018

List Amount 502,440.00

Discounts 40,838.62

Total 461,601.38 ·rota/ excludes applicable taxes and shipping

Payment

Year1

Year2

Year3

Year4

Year5

Grand Total

Summary of Payments Amount (USD)

Q- 1 76::1'.)3-4 :·.~>' I 874CM :'"i

59,649.38

100,488.00

100,488.00

100,488.00

100,488.00

461,601.38

Protect Ute.

Notes Execution of this quote Will terminate contract #00003592 associated >~ith 0-18911 and Q-128596, contract #00004827 associated with Q-26891 and Q-165624 . contract #00005147 assocrated with Q-29478 and Q-128622, contract #00005827 assocrated With Q-29493 and Q-126615, and contract #00007833 associated with Q--(>6062 and Q-167465 'Ntth Axon and w111 start a new 60 month contract.

The parties agree that Axon rs granting a credit in the amount of$ $40,838 .10, which has been applied to Year 1 servrces on this quote rn the form of a drscount. to refund pard, but undelrvered services This discount is based on a start date of services on this quote of 10/1/2018. Any change in th1s sn1p date and resulting license start date -Mil resuH in modrfrcat1on of th1s discount value which may result rn addilronal fees due to or from Axon.

Due to timrng of previous TAP replacement srripments from existing contract the agency will be entitled to the following TAP replacement schedule:

811/2020- (9 1) Flex 2 Cameras. (10) 6-Bay Dockrng Stations. and (15)8ody 2 Cameras 9130i2023- (91) Flex 2 Cameras. (10 ) 6-Ba•; Docking Stat1ons. and (15) Body 2 Cameras

Axon's Sales Terms and Conditions Thrs Quote rs lim1ted to and condit ronal upon your acceptance of the provisions set forth herein and Axon's Master Servrces and Purchasrng Jl.greement (posted at ~r.'NCl>:.Qn c•J'I'-' c·:;ci l lod le s- t e·ms - and-co~·cJI1 _n r '· ). as well as tt1e attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase. if applicable. Any purchase order rssued in response to tr.is Quote 1s subject solely to the above referenced terms 8nd condrtlons . By signrng below. you represent that you are lawfully able to enter rnto contracts If you are signrng on ber,alf of an entrty (including but not limited to the company. rnunlc ,pality, or government agency fo r whom you work). you represent to Axon that you have legal authority to bind that ent1ty If you do not have th1s authority. please do not s1gn th is Quote

Signature:

Name (Print):

POt (Or write N/A) :

Date :

Title :

Pi ease sign and ernarl to Chris Morton at [email protected] or fax to

Thank you for being a valued Axon customer For your crJnvenience on your next order. please check out our onl ine store nuy .JXQI\_:;9.!l.

Quote Q-176303-43311.874CM

Protect Life'~ and TASER® are registered tradema rks of ."v<on Ente rprrse, Inc, registered in the U S. ~ 2013 Axon Enterprrse. Inc All nghts reserved

ved as to Legaiity ate l~l>-1 ~~--

AL COUNsa:--

0-176303-4:n 11 il14r:M 4

Protect Ufe.

ra; Shawnee County cr,

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

785-251-6101 FAX 785-251-4920

CURT F. NIEHAUS, P.E. DIRECTOR OF PUBLIC WORKS

COUNTY ENGINEER

MEMORANDUM

Date: June 9, 2020

To: Board of County Commissioners CONSENT AGENDA

FroP!0- CurtF.Niehaus,P.E. c__}~""'- J J/Wv"~ ~ · Director ofPublic Works )

Re: Right-of-Way Acquisition NW Wilson Road Bridge over Tributary to Halfday Creek I OSN 189 Project No. S-121013.00

Public Works has reached agreement with the property owners listed below for right-of-way necessary to construct the above referenced project.

Public Works requests authorization to pay the settlement amount listed below.

Owner Item Tract No. Value

Lori Winter Permanent Public Right-of-Way

1 $1,500.00 Easement

Bruce L. Powell Permanent Public Right-of-Way

2 $600.00 Easement

Russell S. Whiteside and Permanent Public Right-of-Way 3 $2,400.00

Rhonda K. Lummus Easement

The Board of County Commission approved a Project Budget for this project at their regular schedule meeting of May 4, 2020.

Funding sources for this project come from the following: • 2017-2032 Countywide lh cent Sales Tax- Bridges

attachment

COVER PAGE FOR RECORDING

DOCUMENT TYPE:

Permanent Public Right-of-Way Easement

BY & BETWEEN:

Lori Winter

PERMANENT PUBLIC RIGHT-OF-WAY EASEMENT

THIS INDENTURE, made this 51'\1 day of .Jv.V)e. , 2020 by and between Lori Winter, hereinafter referred to as the Landowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.

WITNESSETH, that the Landowner in consideration of one dollar and no/100 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does for itself, its heirs and assigns, hereby grant, bargain, sell, and convey unto the County, a permanent public right-of-way easement for vehicular and pedestrian traffic together with the attendant customary uses, including drainage and utilities over, under, through, across, and along all the following described real estate in the County of Shawnee, and State of Kansas, to-wit:

A tract of land in the Northeast Quarter of Section 2, Township I 0 South, Range 15 East of the 6'h P.M., in Shawnee County, Kansas described as follows:

Commencing at the Northeast Comer of said Northeast Quarter; thence on an assumed bearing of South 00 degrees 41 minutes 53 seconds West on the East line of said Northeast Quarter, a distance of 305.59 feet to the point of beginning; thence continuing, South 00 degrees 41 minutes 53 seconds West a distance of 160.72 feet; thence North 89 degrees 18 minutes 07 seconds West a distance of 30.00 feet; thence North 19 degrees 10 minutes 27 seconds West a distance of 88 .26 feet; thence North 00 degrees 41 minutes 53 seconds East a distance of 50.00 feet; thence North I 0 degrees 3 7 minutes 27 seconds East a distance of 28.35 feet; thence South 89 degrees 04 minutes 49 seconds East a distance of 55.11 feet to the point of beginning. · "" '

Said tract ofland contains 4,3 15 square feet, or 0.10 acres of land excluding the existing right of way.

The County is purchasing this permanent public right-of-way easement for the purpose of erecting or improving a public roadway for the passage of vehicular and pedestrian traffic, and the County reserves the right to make improvements on that property according to such plans and specifications, as will, in its opinion, best serve the public purpose. The payment of the purchase price for the public rightof-way easement conveyed shall be considered full compensation for that public right-of-way easement, and for any diminution in value that may result to the remaining property by virtue of proximity to the project, grade, alignment, utility installation, or the alteration of drainage patterns and facilities.




Easement No. 1 Project No. S-121 013.00

IN WITNESS WHEREOF, Said parties of the first part have hereunto set their hands the day and

~bo~ittenuWv

STATE OF KANSAS, COUNTY OF SHAWNEE, ss.

BE IT REMEMBERED, that on this 8 .,u day of cJuae , 2020, bwore me, the undersigned, a notary public in and for the County and State aforesaid, came Lorf'Winter, personally known to me to be the same persons who executed the within instrument of writing, and such persons duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written .

My commission expires: --'-N\~a,""'Y'~---'1'-"lo~J-'2'-o-=Z.'-'\ ___ _

4.'rhotnas F. Flanagan NOTMY PUIUc-STATE 9f KANSAS MY APPT EXP: s j,'" I Z6 Z..l


DOCUMENT TYPE:

Permanent Public Right- o f-W ay Easement

BY & BETWEEN:

Brucce L. Powell


THIS INDENTURE, made this 8.,..._ day of JLI ne. , 2020 by and between Bruce L. Powell, hereinafter referred to as the Landowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.

WITNESSETH, that the Landowner in consideration of one dollar and no/100 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does for itself, its heirs and assigns, hereby grant, bargain, sell, and convey unto the County, a permanent public right-of-way easement for vehicular and pedestrian traffic together with the attendant customary uses, including drainage and utilities over, under, through, across, and along all the following described real estate in the County of Shawnee, and State of Kansas, to-wit:

A tract of land in the Northeast Quarter of Section 2, Township 10 South, Range 15 East of the 6'h P.M., in Shawnee County, Kansas described as follows:

Commencing at the Northeast Comer of said Northeast Quarter; thence on an assumed bearing of South 00 degrees 41 minutes 53 seconds West on the East line of said Northeast Quarter, a distance of 133.31 feet to the point of beginning; thence continuing, South 00 degrees 41 minutes 53 seconds West a distance of 172.28 feet; thence North 89 degrees 04 minutes 49 seconds West a distance of 55.11 feet; thence North 10 degrees 37 minutes 27 seconds East a distance of 174.69 feet; thence South 89 degrees 18 minutes 07 seconds East a distance of25.00 feet to the point of beginning.

Said tract of land contains 2,592 square feet, or 0.06 acres of land excluding the existing right of way.





Easement No. 2 Project No. S-121013.00

IN WITNESS WHEREOF, Said parties of the first part have hereunto set their hands the day and

year first above written.


BE IT REMEMBERED, that on this~ day of ...)'-'"'~ , 2020, before me, the undersigned, a notary public in and for the County and State aforesaid, came Bruce L. Powell, personally known to me to be the same persons who executed the within instrument of writing, and such persons

duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and

year last above written.

My commission expires: May II.. 1 2 D? I

,A:homas F. Flanagan NOTARY PUII.IC-STATE OF KANSAS MY APPT EXP: 5 I l.()l,.


DOCUMENT TYPE:

Permanent Public Right-of-Way Easement

BY & BETWEEN:

Russell S. Whiteside and Rhonda K. Lummus


THIS INDENTURE, made this 8TIJ day of cJIAae. , 2020 by and between Russell S. Whiteside & Rhonda K. Lummus, hereinafter referred to as the Landowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.

WITNESSETH, that the Landowner in consideration of one dollar and no/1 00 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does for itself, its heirs and assigns, hereby grant, bargain, sell, and convey unto the County, a permanent public right-of-way easement for vehicular and pedestrian traffic together with the attendant customary uses, including drainage and utilities over, under, through, across, and along all the following described real estate in the County of Shawnee, and State of Kansas, to-wit:

A tract of land in the Northwest Quarter of Section I, Township 10 South, Range 15 East of the 6'h P.M., in Shawnee County, Kansas described as follows:

Commencing at the Northwest Corner of said Northwest Quarter; thence on an assumed bearing of South 00 degrees 41 minutes 53 seconds West on the West line of said Northwest Quarter, a distance of 133.31 feet to the point of beginning; thence South 89 degrees 18 minutes 07 seconds East a distance of 25.00 feet; thence South 10 degrees 36 minutes 43 seconds East a distance of203.96 feet; thence South 00 degrees 41 minutes 53 seconds West a distance of 50.00 feet; thence South 20 degrees 40 minutes 52 seconds West a distance of 117.05 feet; thence North 89 degrees 18 minutes 07 seconds West a distance of 25.00 feet to the West line of said Northwest Quarter; thence North 00 degrees 41 minutes 53 seconds East a distance of360.00 feet to the point of beginning.

Said tract of land contains 8,200 square feet, or 0.19 acres ofland excluding the existing right of way.





Easement No. 3 Project No. S-121013.00

IN WITNESS WHEREOF, Said parties of the first part have hereunto set their hands the day and year first above written.

t~l.V~

~G<_hcrda_ b. lu.mm\Jj


BE IT REMEMBERED, that on this ~day of J\Ane. , 2020, before me, the undersigned, a notary public in and for the County and State aforesaid, came Russell S. Whiteside and Rhonda K. Lummus, personally known to me to be the same persons who executed the within instrument of writing, and such persons duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written.

'd!::r:x::-J2-~F My commission expires: --'-K-=a=-Jy~'---'-l_,.C::.'-::,...-'=2,..::()..::.Z..=-IL...-__ _

4_rhomas F. Flanagan NOTARY PUIUC-STATE OF KANSAS MY APPT EXP: s/i~ lZ.,Ol_)

Shawnee 1 ~ounty "'-' ~ , f; P.arKs+ -! recreation June 2, 2020

TO:

FROM:

RE:


Tim L. Laurent, Director Parks & Recreation JL-Spirit of Kansas Cumulus MOU Administration

Purpose: Board of Commissioners approval is requested on the attached Memorandum of Understanding with Cumulus Media for promotions of the July 4, Spirit of Kansas event including the fireworks soundtrack. The estimated value provided in-kind to Shawnee County is over $14,600.

Justification: Details of the promotions agreed upon are included in the MOU with Cumulus which are scheduled to be performed by Majic 107.7. Certain aspects unfortunately will not be included in 2020 due to the Covid-19 pandemic.

TLL/blt Attachment

parks.snco.us


(3 I ..

1

SHAWNEE COUNTY CONTRACT NO. C 2. C 8' -:: 2020

A MEMORANDUM OF UNDERSTANDING BETWEEN SHAWNEE COUNTY AND CUMULUS MEDIA

FOR PROMOTIONS OF THE SPIRIT OF KANAS BLUES FESTIVAL

TIDS MEMORANDUM OF UNDERSTANDING is made this 251h day ofFebruary, 2020,

between Cumulus Media "Cumulus" and the Board of Commissioners of the County of Shawnee,

Kansas, hereinafter referred to as the "County."

WHEREAS, the County wishes to collaborate with Cumulus to promote the Spirit of Kansas

Blues Festival at Lake Shawnee; and

WHEREAS, Cumulus shall provide the soundtrack during the fireworks show starting at

10:00 p.m. and additional promotions during the timeframe of May 26,2020, through conclusion

of the event July 4, 2020; and

WHEREAS, Shawnee County Parks + Recreation shall be the "Department" responsible

for performing the duties of the County; and,

NOW, THEREFORE, Cumulus and the County agree that the promotions shall be provided

as follows:

1. Cumulus shall provide the following through Majic 107.7:

a. 90 Recorded Promos

b. 50 Live Liners

c. 18 Social Media Posts across Face book, Twitter, Instagram

d. Web support at KMAJ.com

e. Inclusion in three e-blasts

f. 20 minute commercial free programming (fireworks soundtrack)

2. Department shall provide the following:

a. Copy points

b. Approved graphics for web/social use

SHAWNEE COUNTY PARKS+ RECREATION

~-pf~. Tim L. Laurent, Director

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

William D. Riphahn, Chair

ATTEST~

Cynthia A. :Seck, county Clerk

Date 02.25.2020

i ••

Shawnee 1 ~ounty "-.', , f; P.arKs+ ~ recreation June 2, 2020

TO:

FROM:

RE:


Tim L. Laurent, Dire~ Parks & Recreation "7 L-

J&M Displays- Award Bid #035-20 and Agreement Park Services Division

Purpose: Board of Commissioners consideration to award the bid and execute the agreement with J&M Displays is requested in planning for the 24th consecutive Spirit of Kansas to be held on July 4 at Lake Shawnee. The Agreement and Attachment A summarize the $25,000 value of fireworks and administration of such being provided by J&M Displays in response to Q#035-20 with funding from the Parks For All Foundation.

Justification: The lone bid per request #035-20 was received on March 19, 2020, from J&M Displays. Past history with J&M Displays being the provider of requested services has been good and efficient thus staff recommends awarding the bid as shown below.

J&M Displays $25,000 (total bid price)

This event is truly a collaborative partnership between several parties having a positive impact both socially and economically and Shawnee County should be proud to lead the efforts. SCP+R expenses are not expected to exceed $35,000.

TLL/blt RL Attachments

parks.snco.us


SHAWNEE COUNTY CONTRACT NO. C ~ 0 Cf -2020

SPIRIT OF KANSAS FIREWORKS DISPLAY CONTRACT

THIS CONTRACT is entered into this __ day __ of2020, is by and between

THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE,

KANSAS, 200 SE 7th Street, Topeka, Kansas, 66603, hereinafter referred to as "County" and

J & M Displays, Yarmouth, Iowa, herein referred to as "Contractor" and Parks For All

Foundation, hereinafter referred to as "Foundation" and together referred to as the "Parties."

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

"Department" shall be the responsible party and representative of the County; and,

NOW, THEREFORE, for the reasons set forth above, and in consideration of the

mutual covenants and agreements hereinafter, the Parties agree as follows:

1. EFFECTIVE DATE. This Contract is effective upon the signing of the parties

listed hereunder. The delivery and display of fireworks shall be for a three (3) year period

(2020, 2021, 2022) held annually on July 4, as the celebration currently known as "Spirit of

Kanas" is subject to postponement as indicated herein.

2. TERMS. Contractor agrees to secure, prepare, and deliver fireworks, as

outlined in Attachment A. Any substitutions must be of equal or greater value and have prior

written approval of the Department. Contractor agrees to include the services of a pyrotechnic

operator who shall administer preparations through the conclusion of each offering along with

such assistance as deemed necessary to perform the fireworks display safely, and in accordance·

with applicable Federal, State, and Local laws. County reserves the right to inspect fireworks,

mortars, and any or all equipment used in the detonation of above stated fireworks display.

Contractor agrees to provide annual firework show specifications for review at least 60

days in advance of each subsequent show.

County agrees to furnish the minimum safety distance factors established by the

Contractor and the Shawnee Heights Fire District after annual on-site inspections of the

proposed shooting location on County owned property. Parties shall agree in writing to

alternate locations and perform such a minimum of six (6) months in advance.

County agrees to procure adequate security to maintain these distance factors and to

supply adequate fire protection at the location of the display.

3. ADDITIONAL TERMS. The Parties agree that the Department or designated

agent(s) along with the Contractor and/or designated agent(s), shall inspect the display area

1

after the presentation of the fireworks display for any "duds" or other material remaining from

the display, which might not have ignited. Any and all such material found by the Department

shall be turned over to the Contractor for safekeeping or disposal of said material. Contractor

shall agree to reimburse the Foundation at values previously set for any unexploded ordinance.

4. TIME OF DISPLAY. Contractor shall present any fireworks display on July

4 starting at 10:00 p.m. Central Standard Time unless Parties agree in writing to alter show

dates, times or as follows. In the event of inclement weather or unforeseen circumstances it is

agreed and understood by the Parties that the display will be presented on July 5, or at some

future date as agreed upon. Due to such event, the Parties shall agree to postpone to a future

available date agreed upon by Parties or cancellation of display with no financial commitment

encumbered by either party if site preparations have not occurred.

5. FINANCIALS. It is agreed and understood that the Parks For All Foundation

shall pay a total price of Twenty Five Thousand Dollars and No/100 ($25,000.00) due and

payable within ten (10) days following the presentation ofthe display~ If the County chooses

to cancel the display, for reasons other than dissatisfaction with the product delivered by the

Contractor or breach by the Contractor, it is agreed and understood that one third (1/3) of the

contract price will be paid to the Contractor by the Foundation.

6. INSURANCE. Contractor shall provide a certificate of liability insurance in

the amount of Ten Million Dollars and No/100 ($10,000,000.00) to the Department on or

before June 22, 2020.

7. INDEMNIFICATION. The County agrees to hold the Contractor harmless

from any and all claims for fireworks related damage to the two (2) County structures located

within the fallout zone of the fireworks display. With regard to any other claims, the Contractor

agrees to indemnify and hold harmless the Board of Commissioners of the County of Shawnee,

Kansas, its officers, employees, contractors, subcontractors, agents, and insurers from and

against all liability, claims, or demands, on account of injury, loss, or damage, of any kind

whatsoever, which may arise out of or are in any manner connected with the fireworks display,

if such injury, loss, or damage is or is claimed to be caused in whole or in part by the act,

omission, or fault of the Contractor. The Contractor agrees to investigate, handle, respond to

and to provide a defense for any liability, claims, or demands at the sole expense of the

Contractor, and agrees to bear any of the costs and expenses related hereto, including court

costs and attorney fees, whether or not such liability, claims, or demands are groundless, false,

or fraudulent as it applies to the Event.

2

8. NOTICE. Tbe Contractor shall be the person who receives all written legal

notices from the County. Any notice with regard to this Contract shall be sent to the following

contacts and addtesses:

SHAWNEE COUNTY Tim L. Laurent, Director Shawnee County Parks + Recreation 3137 SE 291h Street Topeka, Kansas 66605 785-251 ~6800

CONTRACTOR James Oetken, CEO J & M Displays 18064 l7bth Avenue Yarmouth, Iowa 52660-9772 800-648-3890

9, ENTIRE AGREEMENT. The Contractual Provisions Attachment; which is

attached to this Contract, is incorporated by reference and made a part of this Coptract.

Together this Contract, Attachment A, and the Contractual Provisions Attachment represents

the entire Agreement and understanding between the Contractor and the County relating to the

Event. No terms, conditions, course of performance, usage of trade, understanding, or

agreement purporting to modifY, supplement, or explain any provisions of this Contract shall

be effective unless {n writing, signed by representatives of both parties authorized: to arnend

the Contract.

BOARD OF SHAWNEE COUNTY COMMISSIONERS

William D. Rip hahn, Chair

Date

ATTEST: .

Cynthia A. Beck, Shawnee

3

CONTRACTOR- J&M Displays

S:HAWNEE COUNTY PARKS+ RECREATION

rr~

J&M Displays Proposal for: Shawnee County Parks & Rec

Opening

Multi-shell Barrage Units Quanti!}' Name Rising Effect Price Total

3 Report with color w/ silver tail 100 shot $130.95 $392.85

Category Shell Count: 300 $392.85

Section Shell Count: 300

Flight 3

Multi-shell Barrage Units Quanti!}' Name Rising Effect Price Total

3 Color tails Red green purple lemon to titanium salute 100 shot $298.60 $895.80



Flight 4

5 Inch Color Shells Quanti!}' Name Rising Effect Price Total

2 Assortment P of 10 Special J&M Brand pattern shells ELECTRIC FIRE $600.00 $1,200.00

Category Shell Count: 20 $1,200.00


Main Event

Candles Quanti!}' Name Rising Effect Price Total

2 Crossette candle assorted colors 2" 8 shot $48.25 $96.50


Multi-shell Barrage Units Quanti!~ Name Rising Effect Price Total

5 Quick silver whistles to thunder 100 shot I shape $166.40 $832.00


3 Inch Color Shells Quanti!}' Name Rising Effect Price Total

2 Assortment E of 20 different J&M Brand shells ELECTRIC FIRE $230.00 $460.00 2 Assortment F of 20 different J&M Brand Shells ELECTRIC FIRE mixed tails $230.00 $460.00


Proposal#: 7973 Designed on: 2020-06-04 13:59:55 Printed on: Thu Jun 4 09:04:28 2020 Page: 1 of 7

18064170th Avenue, Yarmouth, Iowa 52660-9772 1-800-648-3890 • Fax: 1-319-394-3265 • [email protected] • www.jandmdisplays.com


4 Inch Color Shells Quantity Name

2 2 2

Assortment A Of 20 different J&M Brand shells ELECTRIC FIRE Assortment J of 20 different J&M Brand shells (LOW FALLOUT) Assortment L of 20 different J&M Brand Shells ELECTRIC FIRE

Category Shell Count: 120


2 1 2

Assortment A of 15 Patriotic J&M shells ELECTRIC FIRE Assortment J of 15 different shells (ELECTRIC FIRE ONLY) Assortment L of 15 different J&M Brand shells ELECTRIC FIRE Assortment Wof 15 different J&M Brand Shells ELECTRIC FIRE


5 Inch Special Effect Shells Quantity Name

Blooming Flowers Blue to Crackle w/crackle pistil Golden wave to lemon strobe Golden wave to var. color swimming w/crackling pistil Purple Sun w/Giitter Palm Core & Glitter Tail Purple ring to Green Flowers with Brocade ring


Main Event

Rising Effect

mixed tails

Rising Effect

mixed tails

mixed tails

Rising Effect

Price

$420.00 $420.00 $420.00

Price

$540.00 $540.00 $540.00 $540.00

Price

$72.35 $72.35 $72.35 $72.35 $72.35 $72.35

Proposal#: 7973 Designed on: 2020-06-0413:59:55 Printed on: Thu Jun 4 09:04:28 2020 Page: 2 of 7


Total

$840.00 $840.00 $840.00

$2,520.00

Total

$540.00 $1,080.00 $540.00 $1,080.00

$3,240.00

Total

$72.35 $72.35 $72.35 $72.35 $72.35 $72.35

$434.10


Main Event

6 Inch Color Shells Quantit;t Name Rising Effect Price Total

Gold Glitter to color with pistil assorted $60.55 $60.55 Green to blue to silver peony green tail $60.55 $60.55 Sky blue chrys with orange pistil $60.55 $60.55 Blue eddy in chrys w/green pistil $86.80 $86.80

1 Blue jellyfish $86.80 $86.80 2 Blue peony w/silver palm tree & red pistil $86.80 $173.60

Blue willow $86.80 $86.80 Brocade Crown with silver strobe pistils $86.80 $86.80 Brocade crown with green dahlia waterfall pistil $86.80 $86.80 Brocade ring with glitter pistil with double crackle rising flowers $86.80 $86.80

1 Chrysanthemum to blue to silver with red pistil whistle tail $86.80 $86.80 1 Chrysanthemum to purple to gold strobe with glittering gold palm core Gold tail $86.80 $86.80 2 Chrysanthemum to time rain with time rain and coconut pistil $86.80 $173.60 1 Color crossette ring with crackling pistil $86.80 $86.80 1 Color to dark to color assorted $86.80 $86.80

Crossette chrysanthemum assorted crackl ing tail $86.80 $86.80 Flashing willow with lemon and purple scatter $86.80 $86.80 Glitter chrysanthemum to magenta with kamuro to blue dahlia ring $86.80 $86.80 Glittering silver to blue chrysanthemum $86.80 $86.80 Glittering silver to red chrysanthemum $86.80 $86.80 Glittering silver to white chrysanthemum $86.80 $86.80 Glittering willow glitter tail $86.80 $86.80 Glittering willow waterfall glitter tail $86.80 $86.80 Gold willow to white strobe with crackling pistil Gold tail $86.80 $86.80 Green spiderweb with green strobe pistil $86.80 $86.80 Green strobe willow $86.80 $86.80 Green willow $86.80 $86.80

2 Jellyfish pattern (mushroom) $86.80 $173.60 1 Magenta sky blue and lemon dahlia with white glitter pistil $86.80 $86.80 1 Purple peony with glittering lemon palm pistil $86.80 $86.80 2 Rainbow crossette $86.80 $173.60 1 Assortment E of 9 different J&M Brand shells ELECTRIC FIRE $530.00 $530.00

Assortment P of 9 different J&M brand shells ELECTRIC FIRE mixed tails $530.00 $530.00 AssortmentS of 9 different J&M Brand Shells $530.00 $530.00 Assortment W of 9 different J&M Brand Shells ELECTRIC FIRE mixed tails $530.00 $530.00


8 Inch Color Shells Quantit;t Name Rising Effect Price Total

1/2 peony w/crackling pistil wlblue chrys tail $179.60 $179.60 Brocade crown to silver time rain $179.60 $179.60 Chrysanthemum with multiple layer pistil $179.60 $179.60 Crossette chrysanthemum assorted $179.60 $179.60 Gold glitter to purple with green stars pistil $179.60 $179.60 Golden Flashing with eight pieces of chrysanthemum pistil $179.60 $179.60 Purple to green to white flashing $179.60 $179.60 Sea blue peony with orange pistils $179.60 $179.60 Silver spider with orange pistil $179.60 $179.60



Finales




3 Inch Finales Quantity Name

12 17

Red salute and blue dahlia 10 Shot finale chain Report and palm 10 Shot finale chain



5 Mixed color peony 8 shot finale chain



Ignition Items Quantity Name

450 50

Igniter 3 meter leads Igniter 4 meter leads




10 Color 10 Shot finale chain



Glittering to orange w/purple pistil Red palm tree



Finales

Rising Effect

mixed tails

Rising Effect

Miscellaneous

Rising Effect

8% Free for Early Payment

Rising Effect

silver tail

Rising Effect

Free for Advertising

Price

$139.80 $139.80

Price

$221 .15

Price

$1.95 $2.20

Price

$139.80

Price

$86.80 $86.80



Total

$1,677.60 $2,376.60

$4,054.20

Total

$1,105.75

$1,105.75

Total

$877.50 $110.00

$987.50

Total

$1,398.00

$1,398.00

Total

$86.80 $86.80

$1,571.60



4 1 1

2 1

Blue to silver willow Red crossette Red peony to white strobe with blue pistil Red ring w/ white strobe to titanium salute Red to Blue peony with rising small flower tail (white strobe) Ring to dark to peony assorted White strobe red dahlia



Blue to green to crackling ghost peony



Silver plum crossette chrysanthemum



Twinkling Kamuro Crown w/Gold Tail 30 ghost peony w/silver tail Red to silver ghost peony w/blue pistil




Rising Effect

Silver tail red tail Rising flower tail

Rising Effect

Rising Effect

Rising Effect

15% Free for Multiple Year Agreement

3 Inch Finales Quantity Name Rising Effect

3 Report and palm 10 Shot finale chain


4 Inch Finales Quantity Name Rising Effect

10 Color (rainbow) 8 shot finale chain mixed tails


Price

$86.80 $86.80 $86.80 $86.80 $86.80 $86.80 $86.80

Price

$119.70

Price

$179.60

Price

$179.60 $299.45 $299.45

Price

$139.80

Price

$221.15

Proposal#: 7973 Designed on: 2020-06-0413:59:55 Printed on: Thu Jun 4 09:04:28 2020 Page: 5 of?


Total

$347.20 $86.80 $86.80 $86.80 $86.80 $173.60 $86.80

$954.80

Total

$119.70

$1,074.50

Total

$179.60

$1,254.10

Total

$179.60 $299.45 $299.45

$2,032.60

Total

$419.40

$419.40

Total

$2,211.50

$2,630.90


2 CHAN SHAN SHELL- Mixed color peony





Rising Effect Price

$179.60

Proposal#: 7973 Designed on: 2020-06-04 13:59:55 Printed on: Thu Jun 4 09:04:28 2020 Page: 6 of?


Total

$359.20

$2,990.10


This proposal includes an extension of our $10,000,000.00 spectator liability insurance, and workers compensation on our shoot team.

Fireworks Price: $23,374.35

Discount: $4,374.35

Subtotal Fireworks: $19,000.00

Sales Tax:

Local Sales Tax:

Insurance Processing: $2,500.00

License and Permit:

Shoot Fee: $2,500.00

Delivery: $1,000.00

Musical Firing :

Shoot Cost:

Equipment Rental:

Barge/Pontoon Fee:

Total Price of Show: $25,000.00

Please Note the Following Comments:

Total Shot Count: 2072

662

07/04/20

10778

Packing Check:

Date of Display:

Customer Number:

Summary of Free Items Added to Your Show See Previous Pages for a Listing of Free Items Free Items are Based on the $19,000.00 Fireworks Subtotal

$1,571.60

$2,032.60

$2,990.10

$6,594.30

8% Free for Early Payment



Total Free

Total Value of Show is $35,968.65. Your Price is $25,000.00

The data in this proposal is confidential. and is to be accorded confidential treatment and shall not be disclosed other than to the official representative of the organization listed on the cover, and only then when in the evaluation of this proposal. Any reproduction of the contents of this proposal, whether in whole or in part, is expressly forbidden. J&M Displays, Inc. requests that all information be safeguarded from release pursuant to any request under the Freedom of Information Law of this state or any other state or jurisdiction; as it may cause competitive disadvantage to our company. The enclosed concepts and materials are the sole and exclusive property of J&M Displays, Inc. We reserve the right to make substitutions of equal or greater value. Prices and specifications are subject to change without notice. For choreographed displays the quantity and sizes of product may change based on the music selected; however, the dollar value of the product will remain the same.

Proposal #: 7973 Designed on: 2020-06-04 13:59:55 Printed on: Thu Jun 4 09:04:28 2020 Page: 7 of 7


Rev. 10/2018 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into tbe contract to which it is attached and made a part thereof, said contract being dated the ___ day of ---------· 20_.

I. TERMS HEREIN CONTROLLING PROVISIONS. It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other contlicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

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

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

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

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

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

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

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

9. RESPONSIBILITY FOR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. INSURANCE. The County shall not t>e 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 tbe provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk of any Joss or damage to any personal property to which vendor or lessor holds title.

ll. AtrrOMATED CLEARING HOUSE fACH}. 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.

Date:



Date:

ATTEST:

Cynthia A. Beck, Shawnee CoWlty Clerk

Toby, Brian

From: Sent: To: Subject:

Brzon, Jonathan Thursday, June 04, 2020 8:57AM Toby, Brian Re: Fireworks


>On Jun 41 20201 at 8:52 AM 1 Toby] Brian <[email protected]> wrote:

> >

1

e Shawnee 1 ~ounty '-' ~ , ! ; P.arKs+ -! recreation June 2, 2020

TO:

FROM:

RE:


Tim L. Laurent, Director Parks & Recreation "(L

Spirit ofKansas Traffic Resolution Administration

Purpose: Board of Commissioners approval is requested on the attached Resolution for temporary traffic signs and barricades for public safety during the 24th consecutive Spirit of Kansas planned for July 4, 2020, at Lake Shawnee.

Justification: Due to the degree of impact on Lake Shawnee and the surrounding community, Parks + Recreation is again involving Public Works, Sheriff, Emergency Management, and Topeka Police Department in the preparations, management and conclusion of the activities.

TLL/blt Attachment

parks.snco.us


3.

RESOLUTION NO. 2020- 31 AUTHORIZING TEMPORARY TRAFFIC SIGNS AND BARRICADES

FOR THE 2020 SPIRIT OF KANSAS CELEBRATION

SPONSORED BY COMMISSIONER RIPHAHN

WHEREAS, Shawnee County is a participating sponsor of the 2020 Spirit of Kansas celebration and fireworks display held at Lake Shawnee scheduled for July 4, 2020; and

WHEREAS, certain streets and roads must be closed to accommodate the 2020 Spirit of Kansas celebration; and

WHEREAS, the Board of County Commissioners of the County of Shawnee, Kansas, has the authority under K.S.A. Chapter 8, Article 20 et seq. to regulate, warn, and guide traffic upon all streets, roads and highways under its jurisdiction;

NOW THEREFORE, The Board of County Commissioners of the County of Shawnee, Kansas meeting in regular session this _ day of , 2020, does hereby resolve as follows:

1. The Shawnee County Public Works Department is given authority to place such temporary traffic signs and barricades as necessary on roads and streets under the jurisdiction of Shawnee County for the purpose of facilitating the 2020 Spirit of Kansas celebration and to remove the traffic devices when no longer needed.

2. Any other Resolution in conflict herewith is hereby rescinded.

ATTEST:

Cynthia A. Beck, Shawnee County Clerk



Kevin J. Cook, Vice-Chair

Aaron Mays, Member

Kelly, Linda

To: Toby, Brian Subject: FW: Traffic resolution

From: Brzon, Jonathan Sent: Tuesday, June 02, 2020 8:48AM To: Toby, Brian Cc: Niehaus, Curt Subject: Re: traffic resolution

Yes. Approved as to form and legality. JCB

<2020 Spirit ofKS Traffic Resolution.pdf>

1

Shawnee 1 ~our1ty '', , f; P.arKs+ . ~ recreat1on March 27,2020

TO:

FROM:


Tim L. Laurent, Director w17 Parks+ Recreation I"

RE: Right ofWay Acquisition Agreements and Temporary Easement Park Planning and Development Division

Purpose: Board of Commissioners approval and execution on the Right of Way Acquisition Agreements and Temporary Easement is requested by Parks +Recreation in order to proceed with the Deer Creek Trail planning. The four parcels scheduled for acquisition are from Ms. Janice Ashby ($4,861), Mr. and Mrs. James Richards ($50,000), Reeser's Fine Foods, Inc. ($4,843) and

, Marney Properties ($1,675). Property acquisition funding totals $61,379.00 and is considered non! participating funds of which those are provided by the Shawnee County Parks + Recreation Building Maintenance Fund (397).

Justification: In November of2019 SCP+R selected Matt Speer, (Keller, Craig & Associates) to appraise the properties and pursue Right of Way and Easement Acquisitions for the Deer Creek Trail Grant parcels specified in the design of the trail by Cook, Flatt & Strobel. These fair market values will allow for purchases and trail design plans to be finalized. Non-participating funding includes the design services, right of way acquisitions, and utility relocates which is all provided through the SCP+R Building Maintenance Fund. It further allows for the Kansas Department of Transportation to proceed with administering other portions of the Transportation Alternatives Trail Grant related to the project.

TLL/blt JB Attachments

parks~snco.us


" ..

OFFER TO PURCHASE AND RIGHT OF WAY AND EASEMENT ACQUISITION AGREEMENT SHAWNEE COUNTY, KS PARKS AND RECREATION DEPARTMENT

This AGREEMENT made and entered into this ~--~ day of J ..... .,.._ ') ,, 2020 by and between, ("Owner", whether one or more) and the Shawnee County, Kansas Parks and Recreation

Department ("COUNTY").

In consideration of the mutual promises and covenants herein contained, Owner hereby agrees tlfpifGijfQ

1 jpd £• j[r'!lflitkfbp CijOJJNJ¥ ifi·'lf(f ji1 · ·'ftheij" ·gtgim·g···+··- !!gl-op holruoi ,,- ,_. n n ·I ·t-.. '··-· .... ---- ......... · .. _,_._- .... -·--- .. ----- . ___ A ~-- J> ........ Q.fi .. .\0-.Rifi .• .q; ML,,A.)~"-- A4.

across, and under the real property identified as:

Tract No. Ashby

of the project plans prepared by CFS Engineers. Upon delivery of properly executed right of way documents, COUNTY agrees to pay Owner, as full compensation for the interests taken, the

following payment(s):

1. 0.496 acres Right of Way Acquisition $4,861

2. N/A sq. ft. Temporary Construction Easement $N/A

3. Cost to cure damages $N/A

Total Amount (Rounded) $4.861

Owner agrees to give COUNTY access to the real estate upon receipt of payment from COUNTY of the total amount shown above.

OWNER: COUNTY:

;fa.n>ce. 9sbhy __ Project: 89 TE-0464-01

Tract No: Ashby

DEED -KANSAS W:ARRAN'T¥ (STATUTORY)

MAIL TAX STATEMENT To:

200 S.E. 7th Street Topeka, Kansas 66603

THE GRANTOR, Janice M. Ashby, hereby conveys and warrants to The Board of County Commissioners of the County of Shawnee, Kansas, the following described real estate, situated in the County of Shawnee, State of Kansas, to-wit:

A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 9, Township 12 South, Range 16 East of the 6111 P.M., in Shawnee County, Kansas described as follows:

Conunencing at the Northwest comer of the Northeast Quarter of said Northeast Qua1ter; thence on an assumed bearing of South 01 degrees 30 minutes 07 seconds West on the West line of said Northeast Quarter of the Northeast Quarter a distance of 60.01 feet to the point of beginning; thence South 89 degrees 17 minutes 00 seconds East, parallel with the North line of said Northeast Quarter of the Northeast Quarter a distance of 170.02 feet; thence South 01 degrees 30 minutes 07 seconds West a distance of 130.00 feet; thence North 89 degrees 17 minutes 00 seconds West a distance of 170.02 feet to the West line of said Northeast Quarter of the Northeast Quarter; thence North 01 degrees 30 minutes 07 seconds East on said West line a distance of 130.00 feet to the point of beginning. Said tract contains 22,101 square feet or 0.51 acres ofland more or less.

for the sum of One and No/1 00 Dollars and other valuable consideration, the receipt of which is hereby acknowledged.

Page 1 of2

,------------------------------------------------

DATED this ;2 {.o ~" day of. ~~vch

GRANTOR:

Janice M. Ashby

STATE OF KANSAS ) ) ss.

COUNTYOFSHA WNEE )

BE IT REME~ERED, that on this ',d...l.D ¥:-· day of Ma.v-d, ; 20201 before me the undersigned a. Notary Public in and for the--County of State aforesaid, came·· Janice M. Ashby, who are personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same.

IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed roy seal, the day and year last above written.

My Commission Expires: . ,t.[. '-1 . 7..0 z. .3

Page2of2

OFFER TO PURCHASJ;: AND RIGHT OF WAY AND EASEMENT ACQUISITION AGREEMENT SHAWNEE COUNTY,,KS PARKS AND RECREATION DEPARTMENT

This AGREEMENT made and entered· into this II day of 1'{\ i-lr"'c.k , 2020 by and between , ("Owner", whether one or more) and the Shawnee County, Kansas Parks and Recreation

Department ("COUNTY"). f r~

In consideration of the mutual promises and covenants herein contained, Owner hereby agrees to execute, and furnish to the COUNTY, any or all of the instruments listed below, upon, over, across,

and under the rea.! property identified as: tn.'s tr.ument: The deed attached hereto as Exhibit "1" . P Property: As described on such deed.

ofthe project plans prepared by CFS Engineers. Upon delivery of properly executed right of way documents, COUNTY agrees to pay Owner, as full compensation for the interests taken, the

fol·lowing payment(s):

1. 6.57 acres Right ofWay Acquisition

2. N/A sq. ft. Temporary Construction Easement

3. Cost to cure damages

Total Amount (Rounded)

$46,125

$N/A

$3,875

$50.000

In addition, the COUNTY agrees to not create water retentioh on the Owner's remaining property.

OWner agrees to give COUNTY access to the real estate upon receipt of payment from COUNTY of

the total amount shown above. ·

OWNE~d~~~.

·~~ Address; ~ ~ '"2.\ 5 6 Jt~&.

l:'-e L\J..-vv..~e '-'. . \45 ' ~ Slf L

Phone No. 7 ~ S"' 3"7CC 5l{D 3 7ss- ~ot. 11'19

COUNTY:'

Project:

Tract No:

MAIL T AXSTATEMENT'fQ;

20(} S.E. 7111 Slt<!Ot T~paka, Kl~ 66603

Exhibit "1"

TilE GRAII.'i'O'R; James L. lM PimUI.l A. Rl.chink, Co-Trustee~~, of fb.~ Jatne!i L. 111nd J.lfl~a A. Rkhttrdr; 'frti!t under Tr-. ,Agree~U~t datec;l Jl!no.uy ~~ 2017, ~'l>y OO'JlVCts mad \Vat.t~nfl! to The Board e~f County Ca~*ne:rs ~r the Cou.ntr ilf Sbawn~ :Ka~~ts, the folklwio,g ~~ ~1 ~~t;) s4tuatl:d in tb"' Cou11ty ofSbA~ 81&11!-Gf~~ to-wit: . .

S® llttDCij.t4 Exhlbit A

fur th~ eum of Ot~~. SOO; Nfb"HlO DoUiit'S lind ot1J4.T valuable CQnsideralion, the !CCC!pt qf which is hdeby acknowl-edged,

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James L. :and Pamela A. AA1w'ds ~~t wd~r Tr111>t AgNlllllet~t d~ JattlliPII'Y 6, 2017

S'TATEOFKA.NSAS ) )ss.

COUNTY OF SliAWNEE )

BE IT R"El\fEMBERED* !bat on tht$ ... ,.. . .-~·- d11y of . .. . -~ 2019, before lilC lhe \ttidetllign¢~ a Notary Public in and fur the County of State IU~id. came; James L, llicltaros ami P.wnela A. Richards, C.o.-Trus~ees of rhe Jumes L- an.U Pnmel.a A. Richards Trns1 tmder Trust Agroemcnt dated JanWU)' 6, 2() t 7, who are personally known to ow to be lhe snme persons who ex.t:euted t11e w·i!llin in~ITI)J11Cil~ !'-f writing an.d su.ch persons duly acknowledged the cxecuti¢11 of the same·.

IN WITNESS WitEREOF, I have here~nto ~~~my lland and affixc:d my 5eal, the day and year last~ve written.

<::: .

My Comm1ssioll ExpireB;

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tQ lhc rlgbt ~vb~&n radiO! on 1S.il0 foci, ~ cl'l(lrd whh:h ~South IS!hie~ Q2 minute5 12. sewnds&st a dbmnr;'Jil ofl32,95 f~. an arc dista.n~ af 135.38 &Ill; t"4~ South -43 d~ 42 m!l.liU~II!l;<!O ·S~ &lst ll distnnce of B0.47 met; llnlllce S.outll 52 degrees 34 nuimt~ 5l! ~~~45 HMt a distuooo of I 18.33 feel; 11\etloe on a C!Ut\lo tQ tll~t l~ bnving 11 mdiii.H nf68.00 fee\, a oli!)rd whta'h bentll Ni!rth 62,d.ftl9';mi(Wtu 08 st:otJnda &.~t a distn.uco or I:U.3515et, an a~di!itenoo of 154,52 fc~; !lu:mea Nouh.02 dt.'gfllllli 46ntl~uw 4~ $6001u.IB W~ ~dl~llil);$<lf6626 ~ tbtll\OCoN0!1h 25. dti~49 mll\ull:ls:44scccnd~ W~~ !!.'di!ihiMGofl3MOfce(; ~fio.No~b ~~ cleiBx.'~J~ liili,l~i#. 34:~ W~ii Ill di3~nQQ oH:J.t.o? fec#ilienw<Jn a.oiit*ti en thoJat\ lm\rtng a riid£U$ of 65.00 feet, a choro wllkb bears Nozill46.1f~grocs 391tlillwes 11 s~ds Wafa d!st'n:tl~» Gf59.7B fee[, llllllt:C rus1ance of'62.12 feet;~ Nort'l174de~s.Q2l))b!,U!I'!I)•Q1 sc:oonds \Ves;{Adimnce of69,72 ~; U!.C~r~iieNortbliSI dc~M¢Jn~. 561!ocands \Vcqt a l,liruoce nf I 03.53 £ttl; lht:Uoc Swill. Sl de,s:rcts 26 IC~Sn~()j t2111C001Jds Wost a di~:~IIUlQt'I Qf81.0S feet; U1eaco Sou.ih 73 ~b!!, Hi min'1.1llls 38 Sotrofl68 Wl/.8.t a wsbnwa of 62.92: fcot;; tfu:m::t: SoLL!h 62 d~ 07 minu:~ ::iS kem'lchi Wal!t a diEilmOil of 65.66 feet to tha West Uno ohnid Norlhemt Q111J.fier uf thcN'o~llOIJst Quarter, th~ North 01 d.egrees 30 ml'nutes ffls!li)Onds En9t on s~ld West line B distllf!C0 of334.77 fed tG tlut point ofbegimung, Strld lrl!ct QIJLltftirnJ o.S7 aer~ of land m.or(l or less.

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This AGREEMENT made and entered into this 1"2- day of ~ , 2020 by and between, ("Owner'', whether one or more) and the Shawnee County, Kansas Parks and Recreation

Department ("COUNTY"). -

In consideration of the mutual promises and covenants herein contained, Owner hereby agrees to execute, and furnish to the COUNTY, any or all of the instruments listed below, upon, over, across,

and under the real property identified as:

Tract No. Resers

of the project plans prepared by CFS Engineers. Upon delivery of properly executed right of way documents, COUNTY agrees 'to pay Owner, as full compensation for the interests taken, the

following payment(s):

1. 312 sq. ft. Right of Way Acquisition $343

2. N/A sq. ft. Temporary Construction Easement $N/A

3. Cost to cure damages $4,500

Total Amount (Rounded)

Owner agrees to give COUNTY access to the real estate upon receipt of payment from COUNTY of

the total amount shown above.

OWNE~ ?Jt7~' '7~

Address: l'i"~~o SvV ::lC~··...:rS Ctb ~~ (ZNL C},oo(;

. ;

Phone No. ~1:n. ~G <r ~ ~ (:, <t-s \

COUNTY:

Project:

Tract No:

.-

DEED- KANSAS WARRANTY (STATUTORY)

MAIL TAX STATEMENT TO:

200 S.E. 7th Street . Topeka, Kansas 66603

THE GRANTOR, LaSiesta Foods, Inc., d.b.a Reser's Fine Foods, Inc., hereby conveys and wan'allts to The Board of County Conmtissioners of the County of Shawnee, Kansas, the following described real estate, situated in the County of Shawnee, State of Kansas, to-wit:

Part of Lot 1 of Deer Creek Park Subdivision located in the Southeast Quarter of Section 4, Township 12 South, Range 16 East of the 6tl' P.M., in Shawnee County; Kansas described as follows:

Beginning at the Northwest comer of said Lotl; thence on an assumed bearing of South 89 degrees 17 minutes 49 seconds East on theN orth line of said Lot I, a distance of20,00 feet; thence South 33 degrees 44 minutes 45 seconds West a distance of37.27 feet to the West line of said Lot 1; thence North 01 degrees 17 minutes 53 seconds East 011 said West line a distance of31.25 feet to the point ofbeginrting. Contains 312 square feet of land more or less. ·

Reviewed by lhe ~unty Surveyor lhia ll,.. day o{:f{d;.20/<t ONLYfor compliance With KSA

"' ?':----~8,~ Deborah J. Ti1Qiiili[s 14S1

,,uu•ru11 "'1"'' L A ,,~k',

•' 1\_'(_ ' A ~. ,, .. &")..'r' ............ "'() "'J,..

~ .... (J' :.t €. N 8 ••• '1'_ .. ~

~~¥7~ 7"/~S~l~G· j ~-

~ \ 'i _,, _,, j : , •• if" ~ • tw

':;. ('9 "•, "' N S I'> •• • ~ $ "~.,, 4' •••••• , •.•• ~·~ ~ 0 .. --..:-

··~ l) S U R -1 "- •'' ~~ •• t • .,., .... , .. ,.,.,.

for the sum of One and No/100 Dollars and other valuable consideration, the receipt of wl~ch is hereby acknowledged.

Pagel of2

DATIIDtbls ;# doyof.zf@trd GRANTOR:

~4 STATE OFKAf(SMl )

) ss. COUNTY OF SJft\WJIEE )

lA.NIA\\-.~ 0 -~ {) BE IT REMEMBERED, that on this 'Z.-5 "r'+ day of ~ , 2Q"¢,2D ~

before me the undersigned a Notary Publia in .and for the County of State aforesaid, .came P~ ~':f , c.r-o )~~-../L ofReser,s Fine Foods, Jno., who are personally known to me to be the same person who executed the within !Qatmmont of writing. and such person duly aoknowledged the execution o'fthe satne.

lN WITNJ!!SS wHEREOF, I have hereunto set my hand and affixed my seal, the <lay and~ last above written.

MyConunission Expires: ~ c 4 s-, At> 2o \

Page2of2

OFACIAL STAMP SARAH JANE HOLLOWAY

NOTARY PUBUC..QREGON COMMISSION NO. 960043

MY COMMISSION EXPIRES MARCH 05, 2021


This AGREEMENT made and entered into this /g d day of /Yf4:,c4 , 2020 by and

between, ("Owner", whether one or more) arid the Shawnee County, Kansas Parks and Recreation Department ("COUNTY").

In consideration of the mutual promises and covenants herein contained, Owner hereby agrees to execute, and furnish to the COUNTY, any or all of the instruments listed beloW, upon, over, across,

and under the real property identified as:

TractNo. Marney

of the project plans prepared by CFS Engineers. Upon delivery of properly executed right of way documents, COUNTY agrees to pay Owner, as full compensation for the interests taken, the following payment(s):

1. 0.088 acre Right of Way Acquisition $924

2. 0.143 acre Temporary Construction Easement $751

3. Cost to cure damages $N/A

Total Amount (Rounded) $1.675

Owner agrees to give COUNTY access to the real estate upon receipt of payment from COUNTY of the total amount shown above.

OWN~ f~ . -·~ ~~'Q /714..-'"'r f?-,.e>-&e,

COUNTY:

Project:

Address: 3 I G:.o S E t?-/ ~ .7'Q ;;u. ,t" I ~ ¥" ~~? Tract No:

Phone No. 7 <j' s - ;/.3:1.- f~3(o

DEED- KANSAS WARRANTY (STATUTORY)

MAli.. TAX STATEMENT TO:

200 S.E. 7th Street Topeka, Kansas 66603

THE GRANTOR, Marney Properties, LLC, hereby conveys and warrants to The Board of County Conunissioners of the County of Shawnee, Kansas, the following described real estate, situated in the County of Shawnee, State of Kansas, towit:

Part of Lot 1, Block A of Deer Creek Valley No.2, located the Southeast Quarter of Section 4, Township 12 South, Range 16 East of the 61h P.M., in Shawnee County, Kansas described as follows:

Beginning at the Southwest comer of said Lot 1, Block A, Deer Creek VaHey No.2; thence North 00 degrees 21 minutes 22 seconds We5t on the West line of said Lot 1, a distance of 128.11 feet; thence North 89 degrees 38 minutes 38 seconds East a distance of30.00 feet; thence South 00 degrees 21 minutes 22 seconds East a distance of 127.76 feet to the South line of ~aid Lot 1·; thence South 88 degrees 58 minutes 38 seconds West on said South line a distance of30.00 feet to the point ofbeginning. Said tract contains 3,838 square feet or 0.09 acres ofland more or less.

for the sum of One and No/100 Dollars and other valuable consideration, the receipt of which is hereby acknowledged.

Page 1 of2

-------------~----------------------------------------------------------------------------

DATED this aS dayof m~ ,2DA'O

GRANTOR:

erties,LLC

STATE OF KANSAS ) ) ss.

COUNTY OF SHAWNEE )

BE IT REMEMBERED, that on this ~ ~ day of~ , 2~ be~re me the undersigned a Notary Public in and for the Co1.mty of State aforesaid, came.

1:_-Q.Cr~ L ffictrf'\.~ , OuJnoe..r of Marney Properti~, LLC, who re personally wn to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal, the day at).d year last above written. ·

Notary Public

My Commission Expires:

; r;~ Kl\iHLEEN J. LEFEBVRE ; · ~tf~ N~la~ Public- State of Kansas

lJ~t-Met. 5.~ ir&s

Page2 of2

TEMPORARY EASEMENT

THIS INDENTURE, Made tbis0-5 day of (l'\ar , 20Rl';Jby and between Deer Creek Valley RV Park, LLC, hereinafter referred to as Landowner; and THE BOARD OF COUNTY COMMISSIONERS, SHAwNEE COUNTY, KANSAS, hereinafter referred to as County.

WITNESSETH, That Landowner in consideration of One Dollar and no/1 00 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto saio County, its duly authorized agents, contractors and assigns, n temporary easement over and through tbe following described real estate in the County of Shawnee, and State cifKansas, to-wit:

Part of Lot 1, Block A of Deer Creek Valley No.2, located the Southeast Quarter of Section 4, To\vnship 12 South, Range 16 East of the 61h P.M., in Shawnee Counfy, K~n5as described as follows:

Commencing at the Southwest comer of said Lot 1, Block A, Deer Creek Valley No.2; thence North 00 degrees 21 minutes 22 seconds West, on the West line of said Lot I, Block A, a distance of277.30 feet to the Point of Beginning; !hence contir;ming l'l'orth 00 degrees 21 minutes 22 seconds West on said West line a distance of 162.62 feet; thence North 18 degrees 02 minutes 22 seconds East continuing on said West line, li distance of 95.06 feet; thence South 00 .degrees 21 minutes 22 seconds East a distance of 252.83 feet; thence South 89 degrees 38 minutes 38 seconds West a distance of30.00 feet to the point of beginning. Snid tract contains 6,232 square feet or 0.14 acres oflandmore or less.

Reviewed. by the Cgunty SuaveyorthisZ3'.:!ltfay of5t.J.I-. 20.!t. ONLY for compliance with KSA

apbjr 58, Artrc ""

It is further understood and agreed that Landowner for the above consideration does hereby grant to the County, for construction purposes only, the right of but not limited to entry, occupation, sloping, grading, clearing, grubbing, excavation and the storage of materials during the construction of a · improvement.

This easement shall expire ____ L_) year_ from date.

Should one or more of the Landowner{s) be natural persons not joined by their respective spouses, it is conclui;ively presumed that the land conveyed i~ not the residence or business homestead of such Landowner(s). Should one or more of the Landowner(s) be a legal entity other than a natural person, it shall be conclusively presumed thntlhe person signing oil behalf of the entity has been duly and legally authorized to so sign and there shall b-e no necessity for a seal or attestation.

12110/99

IN WITNESS WHEREOF, Said party of the first part has hereunto set their hands the

"'Y muJ,... firnt "''"'written. ~ z: $. ~

I

Easement No.

For Project No. _____ _

.......................................................................................................... ....................


BE IT REMEMBERED, That on this 95 day offf\o.r c:il , 20lJVbefore me, thy.. undenri~ed, a notary public in and for the ·county and State aforesaid, came

t'.QY'"D6) k fr'\.ot.m~ QIJ.kl..g{' of Deer Creek Valley RV Park, L.L.C. who is who is personally known to me~ e the same person who executed the within. instrWrient of writing, and sue~ persons duly acknowledged the execution of the same on behalf of said Limited Liability Company.

IN WITNESS WHEREOF, I have hereunto ~et my hand and affixed my notarial seal, the

day and year laSt above written.

Mycommissionexpires: /0 · t9.S·~I

121101!19

.B. KI\THLEEN J. LEFEBVRE ::·i~~~ Notary Public - State of Kansas My Appt. Expires

<Resers Kansas Warranty Deed Deer Creek 032520.pdt> <Offer to Purchase-Right ofWay and Easement Acquisition Deer Creek 031220.pdt> <Marney Deed. pdf> <Marney Temporary Easement .pdf> <Ashby Partially Executed Purchase Agreement. pdf> <Marney Purchase Agreement.pdf> <Ashby Deed .pdf> <Richards- Deed.pdt> <Richards Tract - Purchase Agreement.pdf>

2

Shawnee 1 ~ounty '-' ~ r f; P.3fKS+ ~ recreation June 2, 2020

TO:

FROM:

RE:


Tim L. Laurent, Director Parks + Recreation 1{.-

TD Wilson- Award Bid 043-20 and Agreement Park Planning and Development Division

e s~

Purpose: Board of Commissioners approval to award the bid and subsequent execution of the TD Wilson agreement is requested for the painting of the Hillcrest gymnasium walls and ceiling. The agreement with Attachment A #043-20 defines the project. Funding of $17,271.00 has been allocated from 2020 Capital Improvement Fund.

Justification: On Thursday, December 12,2019, the Board of Commissioners approved small item CIP requests and the repainting of the Hillcrest gymnasium was included in that request. Bids were received on April30, 2020, with TD Wilson being the lowest most responsive bidder as specified in RFP #043-20 and staff recommends such for the painting project.

TD Wilson Neale Painting Mid America Painting

TLL/blt JB Attachments

$17,271.00 $17,499.00 $31,677.00

parks.snco.us


SHAWNEE COUNTY CONTRACT NO. C J. \ 0 -2020

INDEPENDENT CONTRACTOR AGREEMENT FOR GOODS AND SERVICES

THIS AGREEMENT is between THE BoARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and TD WILSON PAINTING INC. (Contractor).

1. GOODS AND SERVICES TO BE PROVIDED

Contractor agrees to provide the following goods and services to the County in accordance with the terms and specifications of Shawnee County RFP# 043-20 (Attached as "A" and incorporated herein by reference):

Hillcrest gym painting includes supplies and labor for painting of the inside of the gym with specified product and color applicable for such interiors. Contractor shall work with Parks + Recreation staff and Senne representatives to perform such work during requested period of time not to exceed three weeks.

This Agreement shall commence on June __ , 2020, and shall end on November l, 2020, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT

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

Goods and Services to Details Compensation be Provided

Hillcrest Gym Painting All goods and services to be Payable upon submission Project provided in accordance with the of invoice( s) after

terms and specifications of completion of phases for Shawnee County RFP# 043-20 the project. (Attached as "A" and incorporated

Project not to exceed: herein by reference). Contractor must work with Senne & $17,271.00

Company along with SCP+R staff to complete project within three week window not to delay the Hillcrest renovation project.

Unless otherwise provided herein, Contractor shall be responsible for all expenses incurred while performing under this Agreement. This includes equipment; delivery charges;

1

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 perform under this Agreement.

3. WARRANTY

Contractor warrants that the goods sold hereunder are new and free from substantive defects in workmanship and materials. This warranty is in addition to any provided by the manufacturer(s) of the goods sold hereunder.

4. TAXES

NO sales tax will be charged to County. County is exempt from sales tax and will provide an exemption certificate to Contractor. Any other taxes, tariffs and other governmental charges shall be paid by Contractor and are Contractor's responsibility.

5. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION

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

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

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

2

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

Further, Contractor hereby certifies:

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

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

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

6. INDEMNIFICATION AND HOLD HARMLESS

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

7. INSURANCE

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

8. OWNERSHIP OF PRODUCTS/DOCUMENTS

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

9. 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

3

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

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.

10. ANTI-DISCRIMINATION CLAUSE.

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

11. ACCEPTANCE OF CONTRACT.

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

12. 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.

13. 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.

14. TERMINATION OF AGREEMENT

4

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 shal~ 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.

15. AUTOMATED CLEARING HOUSE (ACH)

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

16. MISCELLANEOUS PROVISIONS

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

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

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

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

e. This Agreement, along with the Shawnee County RFP and any other document specifically referenced in paragraphs 1 and/or 2 constitutes the entire agreement between the parties and may only be modified or extended by a written amendment signed by the parties hereto. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: (1) this Agreement, (2) the Shawnee County RFP, (3) any other document specifically referenced in paragraphs 1 and/or 2.

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.

5

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

. ·\. .-· ~· ..

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

SHAWNEE COUNTY PARKS+ RECREATION

COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS


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

ATTEST:


C~ TD WILSON PAINTING INC.

~ ~

/d w·1 Pnnte Name: Terry 1 son

· · Address: 5842 NW 35th Street

Topeka, KS 66618

Date: ~-1-~ozo

6

------- ---------------- -----·

Kelly, Linda

To: Subject:

-----Original Message----From: Brzon, Jonathan

Toby, Brian FW: Hillcrest Gym Painting - TD Wilson Agreement

Sent: Thursday, June 04, 2020 8:55AM To: Toby, Brian Subject: Re: Hillcrest Gym Painting- TD Wilson Agreement


>On Jun 4, 2020, at 8:38AM, Toby, Brian <[email protected]> wrote:

1

QUOTATION NO. 043-20

DA1E MAILED 04-15-20

CLOSING 2:00P.M. 04-30-20

Item Being Bid TOTAL BID PRICE.

Painting preparation, application and clean up

Days to complete

!7'!) LtJ.,/5oi'I31N7!!1~ T;,;c · BY: COMPANY or FIRM NAME

PAGES

REQUEST FOR QUOTATION SUBMIT BID TO

PURCHASING DIVISION ·-SHAWNEE COUNTY COURTHOUSE

·· .~."-: .. , <:~~> 2~~~~:,'~~~~~~~1 Tj)- Ve>O ~ '2.. 8 7

o43.-2o VENDoR -c J) W,/5ZJ!Y £1 ;yi> NGX'Nc, QUOTATION NO.

04-15-20 ADDREss s-s t.J 2.. M w,_ 3 s'(tf. 78 J?eKc.... 04-30-20 PHONE7~.7-2~('7-/t/68 ·K:s b&blg

DATE MAILED

CLOSING 2:00 P.M.

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 Sales Tax.

5. Failure to respond to RFQ may result in termination of future mailings.

6. Price quoted shall remain firm for ninety (90) days after bid closing date.

ITEM AND DESCRIPTION

Shawnee County is soliciting sealed bids to prepare and paint the walls and ceiling of the Hillcrest Community Center gymnasium, 1800 SE 2151 St, per the following mmimum r@q,uir§m@nt~. Bid results will not be given over the telephone. Bid results will be posted on our website at our earliest convenience. www.snco.us/purchasing/bid_results.asp

NOTE: If your company resides in a locale which has a local preference law, please state what that preference is N t) K f3 . If there is no preference in your locale please answer by stating NONE. FAILURE TO RESPOND TO THIS PART OF THE SPECIFICATION MAY RESULT IN REJECTION OF YOUR BID.

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

·--·-·--·----··- -·----·

PAGE 1

QUOTATION NO.

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04-30-20

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 canceled, 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 final, he or she will be deemed to have 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.

BID FORMS: Bids shall be submitted on or before the date and time set for closing of bids. Bids are to be emailed to [email protected]. Bids by telephone or facsimile will not be accepted. The subject line shall list the bid number and the name of your company.

SIGNATURE OF BIDS: Each bid must show in the space provided the complete business or mailing address of the bidder and must be signed by him/her with his/her usual signature.

CLOSING DATE: Sealed bids will be received until 2:00 p.m. CST, on the scheduled closing date at which time they will be opened and tabulated. Bids received after the scheduled closing time will not be considered. Bids that do not carry proper identification may be rejected. The Purchasing Division will accept no responsibility for the premature opening of a bid not properly identified on the outside of the envelope.

MODIFICATION OF BIDS: Bids already submitted may be modified provided modification request is received prior to the time set for closing of bids.

WITHDRAWAL OF BIDS: Bids already submitted may be withdrawn upon proper identification of bidder and provided request is received prior to time of closing. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal after the time set for closing of bids.

NOTICE TO SUCCESSFUL BIDDERS: The successful bidder will be notified by letter or telephone 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

PAGE2

QUOTATION NO.

DATE MAILED

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bidders.

043-20

04-15-20

04-30-20

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 ofthe provisions ofK.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 time, 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 records 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 terms 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

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QUOTATION NO.

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043-20

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04-30-20

from free, opep, m.i(qornpetitive proposing among all vendors . . • t ' ·.·:,1 ·.

This Request for Quotation, responses thereto and any contract documents 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 Requ,est for Quotation are the property of Shawnee County. The County shall. not be liable to reimburse any vendor for the costs of creating, compilin~ or delivering the same to the County.

All bids received on or before the specified bid closing time and date shall be opened and 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 formally presented to the Board of County Colnmissioners 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 inf01malities therein.

If additional information . is required, please contact John Boyd, Planning and Development Director, at 785-251-6814 gr lo1m;[email protected],

Michele Hanshaw, Purchasing Specialist

sHow TERMs Ne I t 5 DELIVERY WILL BE MADE

F.O.B. 7D~q__ ._ SIGNEb ~y )/~ PRINTEDN~?'rry . UJ, /Sad TITLE fr-e_ 5 1 p E f.J-r PHONE 2.. tf9 -!L/ 6 B F AX_.__.J0...,.__%-"'--'A-=..___. --

EMAIL -tel vJ f)Qt/tiY@ ddi!IO .. CO ;Vi I

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( I i

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QUOTATION NO.

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04-15-20

04-30-20

SCOPE OF WORK:

Shawnee County is soliciting sealed bids to prepare and paint the walls and ceiling of the Hillcrest Community Center gymnasium, 1800 SE 21st St, per the following minimum requirements.

Specific areas of the community center will undergo renovations and painting ofthe gymnasium will be scheduled into the construction program. Modification to the west gymnasium wall by other contractors will need to be completed before painting commences. Paint color will be established upon approval of building renovation colorscheme and may utilize two (2) color tones on lower and upper walls and an accent stripe in current location on wall.

Gymnasium measures approximately one hundred and one (101) feet by seventy-one (71) feet; ceiling height is approximately thirty (30) feet. Bid respondents are responsible for final bid measurements. Project site evaluation and measurement may be scheduled through project manager.

MINIMUM REQUIREMENTS For consideration, all bid responses must include where applicable:

1. Clean up and protection a. At the end of each work day, remove rubbish, empty cans, rags and other discarded materials from

project site. b. Clean spattered surfaces after paint application. Remove spattered paints by washing, scraping or

other methods. Do not scratch or damage adjacent fmished surfaces. c. Protect work of other trades against damage from paint application. Correct damage to work of

other trades by cleaning, repairing, replacing and refinishing, as approved by County Representative, and leave site in an undamaged condition.

d. Protect gymnasium wood-floor surface from equipment damage, paint coating, clean-up materials and chemicals.

2. Ceiling and wall preparation a. Comply with manufacturer's written instructions and recommendations in MPI Manual, applicable

to substrates indicated. b. Remove all removable items such as hardware, covers, plates and similar items that are not to be

painted. If removal is impractical or impossible because of size or weight of item, provide surfaceapplied protection before surface preparation and painting.

i. After completing painting operations, use workers skilled in the trades involved to reinstall all items that were removed.

ii. Remove all surface-applied protection. c. Clean substrates of substances that could impair bond of paints, including: dust, dirt, oil, grease

and incompatible paints and encapsulants. i. Remove incompatible primers and prime substrate with compatible primers or apply tie-coat

as required to produce paint systems indicated. d. Concrete substrates: remove release agents, curing compounds, efflorescence and chalk. Do not

paint surfaces if moisture content or alkalinity of surfaces to be painted exceed those specified in manufacturer's specification/written instructions.

e. Masonry substrates: remove efflorescence and chalk. Do not paint surfaces if moisture content or alkalinity of surfaces to be painted exceed those specified in manufacturer's specification/written instructions.

PAGE5

(

QUOTATION NO.

DATE MAILED

CLOSING 2:00P.M.

043-20

04-15-20

04-30-20

f. Steel substrates: remove rust, loose mill scale and shop primer, if any. Clean using methods specified in manufacturer's specifications/written instructions, but not less than the following.

i. SSPC-SP 2; Hand tool cleaning ii. SSPC-SP 3; Power tool cleaning

iii. SSPC-SP 7 NACE No.4; Brush-off blast cleaning iv. SSPC-SP 11: Power tool cleaning to bare metal

g. Shop-primed steel substrates: clean field welds, bolted connections, abraded areas of shop paint and paint-exposed areas with the same material for shop priming in compliant with SSPC-PA 1; Touching up shop-primed surfaces.

h. Galvanized-metal substrates: remove grease and oil residue from galvanized sheet metal fabricated from coil stock by mechanical methods to produce clean, lightly-etched surfaces that promote adhesion of applied paint.

i. Wood substrates: i. Scrape and clean knots and apply a coat of knot sealer before applying primer.

ii. Sand surfaces that will be exposed to view and dust off. iii. Prime edges, ends, faces, undersides and backsides of wood. iv. After priming, fill holes and imperfections in the finish with putty or plastic wood filler. Sand

smooth when dried. 3. Application

a. Use of commercial-grade high-hiding latex applied per manufacturer specifications. b. Paint the following where exposed in gymnasium:

1. Equipment; including panels, boards and switch gear. ii. Uninstalled metal piping.

iii. Uninsulated plastic piping. iv. Pipe hangers and supports. v. Metal conduit.

vi. Plastic conduit. vii. Tanks that do not have factory-applied final finishes.

viii. Ductwork, equipment and pipe insulation having cotton or canvas insulation covering and other paintable jacket material.

c. Primer-coat as needed to cqver wear areas and bear spots to ensure adhesion and even surface coat. Mhfuntlm onwo (2) Ttnis'h coats on vertical surface'"fi'Bm ' ~· -~{i-6) feet using col~r and materi!ll !)rpe specified.

e~ Mhttmllfil. ofohe (lJlmt~ etm:ttJrt~tcal Sllrfare'Ov:er ifen'(tG) feet to ceiling using color and material specified.

f. ·~·-Qf~o~21) tiDish e0ats for accent stripe; eelor tabe det~rtnined . . ,;.g. M"tAhmlm~e ·{~~·finbh <J~.a:toJuleillngu$ing colorat:tth,nareti4l~~Bett. ·

h. Coatings listed are the minimum to achieve an antiCipated consistent and even appearance of final product. Contractor will be responsible for providing any necessary additional coating to meet project needs as determined by project manager.

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QUOTATION NO.

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043-20

04-15-20

04-30-20

RESPONSES SHOULD INCLuDt , .. · 1. Firm Profile- Briefly d~s~rt15~ your firm, 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 mimes, addresses, telephone numbers and/or email addresses of appropriate contact

persons for at least three (3) recent clients. 5. Firm's Experience- Describe your firm's experience providing paint services. 6. Completed IRS W-9 form . .

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 infonnation or clarification on submissions to ensure fulfillment of the project scope and available funding prior to awarding the bid.

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PAGE7

I I I

Toby, Brian

From: Sent: To: Subject:

Brzon, Jonathan Thursday, June 04, 2020 8:55AM Toby, Brian Re: Emailing: 20200604081049460.pdf


>On Jun 4, 2020, at 8:38AM, Toby, Brian <Brian.Toby@snco .us> wrote: > >

1

Public Health Prevent. Promote . Protect.

Shawnee County Health Department

June 4, 2020

TO:

FROM:

Board of County Commissioners of the County of Shawnee, Kansas

Linda K. Ochs, Director ;;/f-V

Shawnee County Health Department

Linda K. Ochs, Director

2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I Fax 785.251.5696

www.shawneehealth.org

RE: Request Approval of a Contract with T ARC for Professional Services

Action reguested: Approval of the Agreement between the Shawnee County Health Department (SCHD) and T ARC which will provide $15,000.00 to SCHD for providing inhome nursing services for a one-year period from July 1, 2020 through June 30,2021.

This contract allows SCHD to provide in-home nursing services to developmentally delayed infants and toddlers from birth to age three. T ARC provides services using an interdisciplinary approach during evaluations, home visits and team meetings. Disciplines represented include: nursing, physical therapy, occupational therapy, speech language pathology, early childhood special education and assistive technology. An infant or toddler receiving services may be served by all of these disciplines or just the ones pertinent to their care.

Approximately 80 infants and toddlers have been served through the in-home nursing services provided over the past three years. We also provide nursing consultation on cases at team meetings, in which 20-25 children are discussed each week. The services provided to infants and toddlers under this program are integrated with the Nurse Family Partnership program funded by federal Medicaid Match/private match dollars.

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

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

Healthy People- Healthy Environment- Healthy Shawnee County

SHAWNEE COUNTY CONTRACT NO. -_f:_':l_\ \ ... ;:t_o:J_C)

TARC, INC PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is entered into this ___ day of _____ , 2020, by and

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

KANSAS, hereinafter referred to as "County" , on behalf of the SHAWNEE COUNTY HEALTH

DEPARTMENT, hereinafter referred to as the "Agency" and TARC, Inc., hereinafter referred to

as "TARC".

WHEREAS,TARC, which is located at 2701 Randolph Street, Topeka Kansas,

66611-1599 is desirous of obtaining services from Agency including training, education and

consultation to TARC tiny-k staff and clients.

WHEREAS, the Agency, which is located at 2600 SW East Circle Dr., Topeka , Kansas

66606, employs nursing staff capable of providing said services to TARC.

NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE TO THE FOLLOWING

PROVISIONS, OBLIGATIONS AND RESPONSIBILITIES:

a) TERM : The services covered by this agreement shall extend for a period of twelve

(12) months, beginning on July 1, 2020 and continuing through June 30, 2021 . This Agreement

may be renewed on an annual basis and any changes or modifications shall be made prior to any

annual renewal with the written consent of both parties.

b) SERVICES TO BE PROVIDED: The Agency may agree to provide any

appropriate educational services to TARC, at Agency's discretion, and within the fields of Agency

staff expertise. The Agency expressly states that it is not providing professional nursing education

to non-licensed personnel, but only providing that type of education which would be appropriate

for any parent, guardian, or general caregiver. The Agency will have the final determination of

whether any particular type of training or education is to be provided. Contractual services to be

provided by Agency pursuant to this Contract may include, but are not limited to, the following :

a) Nursing services to TARC tiny-k fam ilies including health and nutrition for children who are eligible for the TARC tiny-k program.

b) Nursing consultation to TARC tiny-k staff through participation in team meetings, home visits and individual consultations.

c) Participation in identified train ing perta ining to IDEA and Part C evidence based practices.

d) Participation as part of TARC tiny-k evaluation team .

3. COMPENSATION: For FY 2021 , TARC agrees to pay Agency the total sum of

Fifteen Thousand and No/1 00 Dollars ($15 ,000.00) for the services rendered . Said payment shall

be made in four (4) installments within thirty (30) days of TARC's receipt of a quarterly affidavit

submitted by the Agency.

4. HOURS AND PROVISION OF SERVICES: Any services to be provided will be at

the mutual agreement of the Agency and TARC staff.

5. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT: TARC agrees to

hold harmless the Agency and County, its officers, agents and employees for the provision, or

non-provision, of any services pursuant to this Contract. TARC further agrees to save, hold

harmless and indemnify the Agency and County, its officers, agents and employees from and

against any and all claims, causes of action , liabilities, expenses and costs, including reasonable

attorneys' fees , arising out of, or connected with the services provided pursuant to this Contract

6. CONTRACTUAL PROVISIONS ATTACHMENT: The standard Shawnee County

Contractual Provisions Attachment is attached hereto, and made a part of the terms of this

Contract.

7. TERMINATION: Either party may cancel this Agreement at any time, with or

without good cause, by providing thirty (30) days wri tten notice to the other party.

TARC, INC

r.:,f s(zo TARC Executive Director Date


William D. Riphahn, Chair Date

ATTEST:


Rev. I 0/ 2018

ATTACH~IENTTO f"' l SIIA\\'NEE CO\INT\' CONTRACT c A\ - 'd.-.O:l G

CONTRACTlJAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the _ _ _ day of ---------' 20_.

I. TER~IS HEREIN CONTROLLING PROVISIONS. II is expressly agreed that the tenns of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated .

2. AGHEE~IENT WITH K,\NSAS L\W. It is agreed by and betwee.n the undersigned that all disputes and mailers whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all , in und before a Court located in the State of Kansas, U.S.A., to the exch1sion of the Courts of any other states or country. All contractual agreements shall be subject to , governed by, and construed according to the laws of the State of Kansas .

3. TERl\HNATTON 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 tern1inate 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 liscal year. In the event this agreement is tem1inated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of sucl1 fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the Cotmty or the contractor.

4 . DISCLAI•\IE!t OF LiABILITY . Neither the County of Sha\\1lee nor any department thereof shall hold harrnless or indemnify any contractor fo r any liability whatsoever.

5. ANTI-DISCRIMINATlON 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 repmting requirements set out in K.S .A. 44-1031 and K.S.A. 44-11 16; (ell 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 11~th the reporting requiremenls of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract: (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County total s $5,000 or less during this fiscal year.

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

7. ARBITRATION. DAMAGES, WARRANTIES. Notwithstanding any language to the contra!)', 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. l'urther, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given en'ect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

8. REPRESENTATIVE'S AUTHOR!T\' TO CONTR,\CT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY FOR TAXES. The County shall not be responsible tor, nor indemnifY a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

I 0. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "s~lf-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S .A. 75-610 I et seq .), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title .

II. AUTOMATED CLEAIUNG HOUSE IACI-1). Shawnee County prefers to pay its vendor invoices via electronic funds transfers through the automated clearing house (ACH) network . Shawnee County may require vendors to accept payments via ACH. To initiate payment of invoices, vendors shall execute the County's standard ACH Vendor Payment Authorization Agreement. Upon verification of the data provided, the Payment Authorization Agreement will authorize the County to deposit payment for services rendered or goods provided directly into vendor accounts with financial institutions. All payments shall be made in United States currency.

VENDOR/CONTRACTOR:

<t;~Nt_ By:

t liCiiJ t ·l'-!.

Title :

BOARD OF COUNTY COMI\HSSIONERS SHAWNEE COUNTY, KANSAS


Date:

ATTEST:


Penry, Janice

From: Siegert, Ashley Sent: To:

Thursday, May 28, 2020 12:22 PM Fisher, Teresa

Cc: Subject: Attachments:

Hi Teresa,

Ochs, Linda; Penry, Janice TARC Contract FY 2021 TARC Contract FY2021.docx

The TARC, Inc. Professional Services Agreement for FY 2021 is approved for legality and form .

Thank you,

Ashley R. Riegert Assistant Shawnee County Counselor 200 SE 7th St., Ste. I 00 Topeka, KS 66603 Direct: (785) 251-4043 (rings to cell during business hours) Fax: (785) 291-4902 ash ley. biegert@snco. us

1

Shawnee County

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

Brian W. Cole, Director

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

Corrections Annex- 818 SE Adams- Topeka, Kansas 66607- (785) 251-5000- FAX (785) 251-4930

To: Board of Commissioners

From: Brian W. Cole, Director ;--

Date: June 3, 2020

Re: Request for Approval of Contract- Samco- Preventative Maintenance Agreement

I am requesting approval of a service agreement between Samco and the Shawnee County Department of Corrections (DOC) for the preventative maintenance of the food service equipment at the Adult

Detention Center (ADC). Several years ago, Shawnee County approved the funding for a new food service

area for our department. The food serve area at the ADC prepares all offender meals, including the Annex

and Juvenile Detention Center (JDC). As part of this investment, new equipment was installed.

The DOC currently serves approximately 1,200 offender meals a day. This includes special diets for

religious and medical purposes. By having a preventative maintenance program, we can maintain the

equipment we currently have and quickly respond to any repairs needed. The cost of this contract is

$8,960.00. Funds for this agreement are available in our detention budget. The contract has been

approved by the County Counselor as to form and legality, and we have consulted with Administrative

Services Director Betty Greiner.

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

BWC:bwc

cc: James Crowl, County Counselor

Betty Greiner, Administrative Services Director

Eve Kendall, Deputy Director

D / ,

.------------------~---~

, SHAWNEE COUNT'l tONTRACT ~ C. 2.1 :{ -2.c,l(;)

"Serving Topeka and N.E. Kansas since 1982"

Proposal #2005-002

Kitchen Equipment Preventative Maintenance Agreement Proposal

ATTN: AI McKellips Shawnee County Adult Detention Center/Annex

__ ~- 501 SE ath . --~ -:;-·;-:::

Topeka, KS 66607

Mechanical Contractors 3840 NW 141h Street Topeka Ks 66618 P (785)-234-4000 F (785)-234-3804

.. -_ ·~·-~· .. ' --::;-:


Commercial HVAC Preventive Maintenance Agreements

A scheduled HVAC maintenance program is an affordable way to improve indoor air quality and contain repair costs. It is no secret that HVAC systems can create costly repair bills. Additionally, indoor air quality and occupant comfort can deteriorate over time.

Preventative Maintenance Program Benefits • Preventative maintenance for your Heating, Ventilation and Air Conditioning system saves you

money, improves indoor air quality, maintains comfortable air temperature and helps avoid difficult downtime.

Saves you money 1. Repair bills for HVAC systems can be very costly. They can also be avoided a good share of the

time. Your building's HVAC system is mainly a mechanical system with many moving parts exposed to moisture, airborne dust and dirt particles and wide temperature changes. These conditions can deteriorate the components in your HVAC system quicker without proper maintenance.

2. When your HVAC system is operating at peak performance, it is more energy efficient. This is one of our greatest goals with proper preventive HVAC maintenance- energy savings. HVAC systems often make up more than 50% of a building energy costs when operating properly. This number goes up greatly when you neglect the maintenance of your HVAC system.

Improves indoor air gualitv 3. Included in proper preventive maintenance is the replacement of filters

More comfortable for occupants 4. When your HVAC system is operating at its peak efficiency, it provides better comfort for the

occupants of the building. On the other hand, when HVAC systems are neglected efficiency deteriorates and makes it harder to cool or heat properly. Your equipment has to work harder and remain on longer to achieve the comfort zone your occupant's desire.

Prevents downtime 5. Keeping your HVAC system well maintained greatly helps you avoid those very troubling down

times when occupants are screaming. Those times seem to happen at the busiest times of the years for HVAC service companies- the heat of summer and the cold of winter. Of course that reduces our response time and increases your occupant's discomfort. Help avoid that downtime with our comprehensive maintenance programs.

Extends the life of your equipment 6. Properly maintained equipment lasts longer. On the other hand, neglected equipment needs to be

replaced sooner. Our preventive maintenance programs help keep your equipment operating -- efficiently and that 'g'ives it "a ·ranger-!:fe. - - .. • ,_~...1'\l ~t; ~-.::,r ::U·J.£"'_, ·,, 0' ~:


"Serving Topeka and N .E. Kansas since 1982"

ADC Eauioment Schedule · Description Quantity Location Spring Summer Fall Winter

Walk In · s Main X X Cooler/Freezer Kitchen

Cooling Carts 4 Main X X X X

Kitchen

Heating Carts 4 Main X X X X

Kitchen

Steam Kettles 2 Main X X X X

Kitchen

Tilt Skillets 2 Main X X X X Kitchen

Griddles 2 Main X X X X

Kitchen Convection

8 Main X X X X

Ovens Kitchen

Mixers 2 Main X X Kitchen

Buffalo 2 Main X X

Choppers Kitchen

Steam Tables 3 Main X X Kitchen

Dishwasher 1

Main X X X X Electric Kitchen

Booster 1 Main X X X X Kitchen

Ice Machines 2 Main X X Kitchen

Salad Table 1. Annex X X X X

Reach In 2 Annex

X X X X Cooler/Freezer

Steam Table 1 Annex X X

Dishwasher 1 Annex X X X X

Booster 1 Annex X X X X

Ice Machines 4 Complex X X ..

The following page detail the services to be performed on each type of listed equipment



Maintenance Schedule COOKING EQUIPMENT SCOPE:

1. Inspect doors, hinges, grates, knobs and valves. Adjust and lubricate if needed. 2. Inspect ignition or heating sources and orifices. Clean if needed. 3. Inspect all accessible wiring, control circuits and components for loose connections or wire

damage. 4. Inspect and clean motors, if applicable. 5. Inspect and calibrate thermostats, if applicable. 6. Check gas connectors and valves, if applicable.

REFRIGERATION EQUIPMENT SCOPE:

1. Inspect doors, hinges, grates, knobs and valves. Adjust and lubricate if needed. 2. Check door gasket conditions. 3. Inspect both evaporator and condenser coils. Clean as needed. 4. Clean filters and motor frames, blades, if needed. 5. Check operating temperatures and operation.

ICE MACHINE EQUIPMENT SCOPE:

1. Clean and sanitize ice bin storage with approved cleaners (Ice bin must be emptied before cleaning) ·

2. Clean condenser coils and water reservoir. 3. Inspect motors and pumps electrically and mechanically. 4. Clean freeze plates with approved cleaner. 5. Harvest ice machine several times to clear out non-pure ice. 6. Inspect overall condition and operation of units.

DISHWASHING EQUIPMENT SCOPE:

1. Inspect overall condition of dishwasher for corrosion or discrepancies. 2. Verify operation of curtains, doors, guides, pumps, end switches and magnets. 3. Verify safety shut-offs. 4. Check booster element amp draw and resistance. 5. Check conveyor operation. 6. Inspect to see if de-liming needs to be performed. 7. Verify overall working condition of dishwasher operation and drainage.


"Serving Topeka and N .E. Kansas since 1982"

Maintenance Schedule

Special Notations or Exclusions

This maintenance program includes all testing, calibrating and lubricating as described above. It specifically does not include the following:

1. Additional cleaning or cleaning supplies if required. 2. Repair parts stocking. 3. Replacement of defective components found during our inspection. 4. "'Maintenance inspections on equipment not listed in the mechanical

equipment list.

OWNERS APPROVAL REQUIRED

During the scheduled maintenance any problems discovered, not included in the contract, will be brought to your immediate attention for approval to proceed with needed repairs.

NO repairs will be made without first obtaining owner/customer approval.

This contract does not include replacement of the following items:

1. Motors 2. Compressors 3. Equipment and component failure 4. Refrigerant 5. Special order parts

.. - .. =... :. -::--: • .

LABOR DISCOUNT ON ALL SERVICE WORK

BY SIGNING THIS AGREEMENT, YOU ARE ENTITLED TO A 10% LABOR DISCOUNT ON ALL SERVICE WORK PERFORMED AT YOUR FACILITIES



Proposal#2005-002

Terms and Conditions SAMCO, Inc. agrees to provide the services described above according to the following terms and conditions. All work will be completed in a workmanlike manner according to standard practices.

1. The proposed maintenance contract agreement will begin on July 1. 2020 and will renew after two (2) years at a 3% increase of contract total. SAMCO, Inc. or the customer may give written notification at any time to cancel agreement.

2. The maintenance program listed above will be provided by us for the sum of $8,960.00 per year, with (4) equal billings in the amount of $2,240.00 invoiced quarterly in advance, beginning with the start date listed. Lump sum payment is allowed. No tax added.

3. This preventative maintenance agreement provides a 10% discount off SAMCO, Inc. service labor rate.

4. Billing for services or repairs that are not specifically included in this agreement will be made following completion of those repairs. ·•

5. Payment terms are net 30 days.

6. Any alteration or changes in the attached agreement will be executed only upon written authorization and acceptance by both parties.

7. No additional repairs or services will be provided without first obtaining customer/owner approval.

8. Additional services and or repairs, if required, will be performed on a time and material basis, or quoted separately.

9. This preventative maintenance agreement provides priority service. SAMCO, Inc. will respond to the Customer's request for emergency service before providing service to customers who do not have an agreement.

Sincerely,

V-t-t:MJ 9t e-v~ Drew Stevens SAMCO, Inc. HVAC Consultant 785-233-2943 [email protected]

Customer Acceptance: Authorized by: Title: Date: -·· ' -:: .... --~----------'--"-...:....;.----"-----

P.O.:

NOTE: This Maintenance proposal may be withdrawn by us if not accepted within 30 days.

Mechanical Contractors 3840 NW 14th Street Topeka Ks 66618 P (785)-234-4000 F (785)-234-3804

' ' ,

Rev. 10/2019 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the ___ day of _________ , 20 __ .

I . TERMS HEREIN CONTROLLING PROVISIONS. It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

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

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-I 10 1 et seq. If, in the judgment ofthe Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

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

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.SA 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.SC. 12I 01 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.SA 44-1031 and K.SA 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of(c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commiss ion, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

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

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

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

9. RESPONSIBILITY FOR TAXES. The County shall not be responsible for, nor indemnifY a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract

10. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6 IOI et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

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

VENDOR/CONTRACTOR:

z;;~s~ By:

HVAC Consultant

Title:

6/4/2020

Date:


Will iam D. Riphahn, Chair

Date:

ATTEST:


Memorandum

Date: June 8, 2020

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director I MWP

Shawnee County

Information Technology Roorrl 205, Courthou~

200 S.E 7th Street Topeka, Kansas 66603·3933

RE: Purchase of CivicCierk agenda management software from CivicPius.

The Information Technology department is seeking authorization to enter into a one-year

agreement with CivicPius for the CivicRec software including configuration and training. This

software will be used to automate and manage meeting agendas and packets. Providing easier

access to view the content of the agendas.

Funding to support the purchase, $3,600 is included in the 2020 Information Technology

budget.

Phone 785-251-4030

£ I ,

Price, Marc

From: Sent: To: Cc:

Brzon, Jonathan Friday, May 22, 2020 1 0:50 AM Price, Marc Oblander, Pat

Subject: Re: Shawnee County- CivicCierk follow up


On May 22, 2020, at 10:23 AM, Price, Marc <[email protected]> wrote :

Jonathan, We are looking at adding some additional services with CivicPius. This is for their product CivicCierk. They are indicating this would be seen as an addendum to our current contract. Could you look over the statement of work and see if anything needs changed. Thank you, Marc Price Chief Network Engineer Shawnee County Information Technology 200 SE 7th, RM 200 Topeka, KS 66603 785.251.6103

From: Dalton Piecukonis [mailto:[email protected]] Sent: Friday, May 22, 2020 10:17 AM To: Price, Marc <[email protected]> Subject: RE: Shawnee County- CivicCierk follow up

Hey Marc,

Attached is the updated SOW with up-to-date expiration date.

Let me know if there are questions we can help with today and if you could please shoot me an email once we're on the agenda I would appreciate it! We're excited to get started .

Dalton Piecukonis I CivicPius Enterprise Account Manager p: 785.323.4 771 civicplus.com

c;» CivicPius 302 South 4th St. Suite 500 Manhattan , KS 66502 us

Ship To Marc Price Shawnee County KS - CivicCierk

SALESPERSON 1 Phone I

Dalton Piecukonis ~785-323-4771

Exhibit A.1 -Statement of Work

QTY PRODUCT NAME

EMAIL

Quote#: Date: Expires On: Product:

Bill To

SHAWNEE COUNT'l CONTRACt~ C .:l. \ :3-.:>0~0

Q-06368-1 12/9/2019 3:07 PM

6/5/2020 CivicCierk

Shawnee County KS - CivicCierk

I DELIVERY METHOD I PAYMENT METHOD [email protected] I I Net 30 --I

DESCRIPTION PRODUCT TYPE

1.00 CivicCierk March 2020 Promotion March 2020 CivicCierk Promotion Premium Package

1.00 CivicCierk- Premium Annual Fee CivicCierk- Premium Annual Fee

1.00 CivicCierk Year 1 Annual Fee Year 1 Annual Fee Discount Discount

3.00 CivicCierk Configuration

2.00 CivicCierk Virtual Training (Half Day Block)

Total Investment - Year 1 Annual Services- Year 2

CivicCierk Configuration

Training (Virtual)- half day, up to 4 hours

Total Days of Quote:365

I I

V. PD 06.01.2015-0048 Page 1 of 2

Renewable

Renewable

One-time

One-time

USD 3,600.00 USD 7,200.00

1. Performance and payment under this SOW shall be subject to the terms & conditions of the Agreement by and between Client and CivicPius, to which this Statement of Work (SOW) is hereby attached.

2. This SOW shall remain in effect for a period of one year (12 months) from signing, unless terminated, by either party in writing to the other party, with in 90 days from signing or implemetation whichever comes first. In the event that neither party gives 60 days' notice to terminate prior to the end of the initial or any subsequent renewal term, this Agreement will automatically renew for an additional1-year Renewal Term.

3. Unless Client terminates this SOW and the services within 90 days of signing this SOW or implemetation whichever comes first, the First Year Fees will be invoiced ninety (90) days from signing , the Client will have thirty (30) days from receipt of the invoice to pay the invoice and continue the services.

4. Renewal Term Annual Services shall be invoiced on the date of signature of relevant calendar years. Annual services, including but not limited to hosting , support and maintenance services, shall be subject to a 5% annual increase beginning in Year 3 of service.

5. The CivicCierk services being provided herein are offered under a limited promotion. In the event Client would like to upgrade the services or add ADFS, additional training or consulting at any time, Client may purchase such additional services at a later date. In the event Client chooses such optional add-ons at the time of signing this SOW, implementation timelines will be extended by CivicPus in order to accommodate such add-ons .

6. If Client is purchasing CP Media, expedited timelines communicated to Client by CivicPius require the Client to have selected third party video hardware or software in place and tested prior to the scheduled training .

7. CivicPius will use commercially reasonable efforts to perform the Services in a manner consistent with applicable industry standards including, maintaining Services availability 24 hours a day, 7 days a week and responding to Client's requests for support during the hours of 7:00AM to 7:00PM CT, Monday through Friday and any critical support requests 24 hours per day, 7 days a week.

8. Client shall have sole control and responsibility over the determination of which data and information shall be included in the content that is to be transmitted to CivicPius . Client shall not provide to CivicPius or allow to be provided to CivicPius any content that (a) infringes or violates any 3rd party 's Intellectual Property rights , rights of publicity or rights of privacy, (b) contains any defamatory material, or (c) violates any federal, state, local, or foreign laws, regulations, or statutes.

9. The service(s) are provided on an "as is" basis, and Client's use of the service(s) is at its own risk. CivicPius does not warrant that the service(s) will be uninterrupted or error-free or unaffected by force majeure events.

1 0. The Client will be invoiced electronically through email. Upon request CivicPius will mail invoices and the Client will be charged a $5.00 convenience fee .

V . PO 06.01.201 5-0048 Page 2 of 2

I

CivicCierk I CP Media c~ CIVICPLUS

Special Offerings www.civicplus.com

Your staff, offi cials, and cit izens live in an instant access world, where a wea lth of information and knowledge is expected

to be avai lable with a few cl icks of a mouse. Isn 't it ti me your agendas and minutes and even your meetings were avai lab le

this easily? To ass ist our cli ents remai n t ra nsparent and ca n p roceed wit h th e important duties of loca l government, we

are offering 90-day, risk-free access to our CivicCierk agenda and meeting management softwa re and CP Med ia live and

recorded video so lution , at-cost, with free exped ited implementation. Three offerin gs are avai lable including:

• CivicCierk Standard (U p to five Boa rds) + CP M edia -Implemented in two weeks

• CivicCierk Premium (up to five Boards)+ CP Media -Implemented in two weeks

• CP Media Only- Implemented in on e week

If, after your init ial pe riod of use, you wou ld like t o cance l your access, you may do so at no cost. We will also delay

invoicing during thi s time. As always, we remain committed to helpin g ensure that your citizens can access the loca l

information they need from their lea ders any t ime, anywhere.

To support you and help ensu re you ca n still connect with cons itutents and keep them informed in this social d istancing

cl imate, we are offering all current, non-CivicCierk and/or CP Media cl ients, risk-free limited access to CivicCierk at-cost.

An executive summary and information on t he features and funct ionali ty of our offerings fo ll ows.

Executive Summary

Agenda Packet

Creation

Board Portal

Simplify your process with user-friendly interface and agenda creation tools. You'll be able

to create customized and consistent agenda formats for your meetings. With an agenda

workflow process, featuring deadl ines and approvals, there's no second guessing what is

missing from your agenda- saving your staff valuable time.

~==================~ The workflow engine streaml ines routing of agenda items, automates notifications, and

gives full transparency to collaborators in the approval process. The system tracks changes

and revisions, keeping them visible within the item fields and on the item timeline. ln-app

commenting and task assignments keeps agenda prep moving forward.

CivicCierk compiles your items and all the legislation, memorandums, or supporting

documentation into a bookmarked PDF packet quickly and easily, regardless of size. Create

multiple packet versions instantly to include only specific items for internal and external users.

Access past, current, and future meeting content from any device with a standard browser

including computers, tablets, and mobile phones. Make notes on current packets, as well as

view comments and discussions from previous meetings.

----------~------~----~--------~

c;» 11

I

Meeting Minutes

Electronic Voting

Display Pages

Create minutes that reflect common actions and make live edits as the meeting progresses

with drag-and-drop tools. Easily take attendance with the Roll Call feature and view

comments, motions, and votes for individual items.

Provide transparency by allowing viewing and downloading of agendas, minutes, and

complete packets straight from the website. Citizens will also be able to submit an online

form to comment on an agenda . They can search keywords and filter to find what they need,

sign up to receive notifications of agendas or packets, and share or save documents.

If Premium CivicCierk is purchased, you will also receive:

Communicate background, fiscal information, recommended actions, or other pertinent

information via an Item Report. Staff members enter pertinent information about their item

into CivicCierk and the system will generate consistent, clear Item Reports to be included '

in the agenda packet. If changes are made to the item during the workflow and approval

process, the Item Report is updated automatically.

Minutes takers can record motions and votes instantly in Live Meeting Manager or initiate

electronic voting when desired. Apply motions and votes to individual agenda items or

multiple agenda items as a group. - ·-Keep meeting participants informed and engaged by displaying the current item, speaker, or

vote results automatically to the constituents attending the meeting.

If CP Media is selected and identified on your included quote, you will receive:

CP Media is available as stand-alone software or integrated with CivicCierk as a

comprehensive meeting management solution. Increase your citizen engagement and

participation by sharing high-definition live video feeds of your meetings directly. Stream live

proceedings and seamlessly integrate all video content directly into your meeting agendas.

Videos feature clear bookmarking and navigation so viewers can quickly find discussions of

interest. Viewers can watch videos from any device with no software or application downloads

necessary.

Integrated closed captioning services are also available. Additional fees will apply.

C;t 12

r---------------------------------------------------------------------------------------

Standard Implementation Process

Your CivicCierk imp lementation team wi ll create a limited and expedited implementation including system set-up with

your choice of predefined agenda templates, four preset user permissions, and other system standards to help all eviate

you r time comm itment and prepare you to run meetings in as li ttle as two weeks. Specific configuration can be purchased

after the acce lerated imp lementation as we ll as add itional training if needed.

CivicCierk agenda management system, including: • Agenda Management- Up to five boards

• Choice of predefined agenda templates or configuration to upload agendas

• Live Meeting Management

• Record minutes including motions, votes, speakers, and discussion

• Board Portal

• Set up access for elected and appo inted officia ls

• Staff Li st Import

• Set up access for staff members and admin istrators

• Citizen Porta l and Access ibility Porta l

Training: • Access to Virtua l Adm in Training Session (1-2 hours)

• Access to pre-recorded End User Trai nin g (1-2 hours)

Premium Implementation Process

Your CivicCierk imp lementation team will create a limited and expedited implementation includ in g system set-up with

you r choice of predefined agenda t emplates and item report templates, four preset user permissions, and other system

standards to help al leviate you r time commitment and prepare you to run meetings in as little as two weeks. Specifi c

configuration can be purchased after the accelerated implementation as we ll as additiona l training if needed.

CivicCierk agenda management system, including: • Agenda Management- Up to fi ve boards

• Cho ice of predefi ned agenda templates or configuration to upload agendas

• Cho ice of predefi ned item report templates or confi guration to upload item reports

• Live Meeting Management

• Record minutes includ in g motions, votes, speakers, and discussion

• Electron ic voting configurati on

• Display pages configuration

• Boa rd Portal

• Set up access for elected and appointed officials

• Staff List Import

• Set up access for staff members and adm inistrators

• Cit izen Porta l and Accessib ility Portal

Training: • Access to Virtual Admin Training Session (1-2 hours)

• Access to pre-recorded End User Training (1-2 hours)

c;» 13

I

I

CP Media Implementation Process

Your CivicCierk imp lementation team wil l create a limited and exped ited implementation including system access setup,

training, and configuration and testi ng to help alleviate your tim e co mmitment and prepare you to live stream or provide

video-on-demand content in as little as one week.

CP Media livestream ing and video on demand, including: • Live Stream Capabi lity (An encoder MUST be in put in place by client before training)

• Configuration and testing of live stream

• Video-on-Demand Capabili ty

• Configuration of video-on-demand service

• Agendas and Minutes Upload Capabi lity

• Citizen Portal and Accessibi lity Portal

Training: • Access to Virtua l or Pre-Recorded Training (1-2 hours)

Support

Technical Support

• Dedicated support personnel availab le 7 a.m.- 7 p.m. (CSD Monday - Friday (excluding holidays)

• Four-hour response during normal hours

• 24/7 emergency support

Maintenance

• Fu ll backups performed daily

• Regu larly schedu led upgrades, including fixes and other enhancements, and OS system patches

For the last two years, CivicPius Technical Support has won multiple Stevie® Awards, which are the world's top

honors for customer service, contact center, business development, and sales professionals.

2020- Silver for Front-Line Customer Service Team of the Year- Technology Industries & Bronze for Customer

Service Training or Coaching Program of the Year-Technology Industries

2019- Bronze award in the Front-Line Customer Service Team of the Year- Technology Industries

c;» 14

Offerings Features & Functionality

Fully Integrated, Cloud-Based

Software Suite

Agenda Management

Elected/ Appointed Officials Board Portal

• User-friendly, modern interface

• Un limited users

• Un lim ited storage

• Fie ld- level version ing

• Secure Cloud-Based Hosting

• Automatic Upgrades

• Choice of pre-defined agenda templates

• Bu lk and single item actions to easily copy, move, and

initi ate agenda items

• Flexible workfl ow and approva ls engine with visual

progress indicators

• Automated PDF fi le conversion

• Task assignment

• Ful l-text search functionality

PREMIUM Implementation includes: • Pre-defined agenda templates and staff report templates

for up to f ive boards

• Secure, individual access to meeting materials

• Annotation and note-taking ability that you ca n use in

pre-meeting preparation as wel l as in-meeting note

taking

• Ful l-text search functionality provides visibility into

past meeting content including notes made within the

individual's private notes field

• Minutes su mmary view enables officials to see motions,

votes, and any comment or discussion recorded in the

meeting minutes for individual items

• Optimized for all devices, including desktops, laptops,

tab lets, and smartphones. No separate application

required

PREMIUM Implementation also includes: • Live speaker name and countdown timer visible for each

item

• Visua l cues and one-touch access to the current

discussion item

• Electronic voting from any device

• Cha ir view to allow the meeting chair to ca ll speakers

and advance agenda items

C;'» I s

Live Meeting Management

• Agenda content automatically pulls over into the

Minutes module

• Single screen access to all meeting controls

• Record comments and discussion, roll call, motions and

votes, speakers

• Bu lk copy available to quickly apply motions and the

associated votes to multiple agenda items

PREMIUM Implementation also includes: • Integrated board portal with electronic voting

• In-chamber display pages show a welcome screen,

current item name, current speaker with countdown

timer, motion made on the item, vote count recorded for

the item

• Integrated video bookmarking (with optional CP Media

live streaming and on-demand video service- additional

fees apply)

• Multiple concurrent video streams (with optional CP

Media live streaming and on-demand video service

additional fees apply)

• Integrated live and on-demand closed captioning

services

(if optional CP Media live streaming and on-demand

video service is selected- additional fees apply)

• High-definition video for professional-quality

presentations

• Immediate availability of recorded videos (from live

stream) for on-demand viewing- no additional steps or

manual uploads required

• Easy upload function for on-demand videos (not from

live stream)

• Accommodate unlimited events and viewers

• Pause live streaming and post a custom message to

viewers

• Concurrent multiple stream functionality to allow for

streams of multiple meetings or events simultaneously

• Integrated live and on-demand closed captioning

services available. Additional fees will apply.

Acceptance

We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this Agreement.

Client

By:

Name:

Title:

Date:

CivicPius

By:

Name:

Title:

Date:

V. PD 06.01.201 5-0048 Page 1 of 4

Contact Information

*all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet.

Organization URL

Street Address

Address 2

City State Postal Code

CivicPius provides telephone support for all trained clients from ?am -7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24ni365 basis for representatives named by the Client. Client is responsible for ensuring CivicPius has current updates.

Emergency Contact & Mobile Phone



Billing Contact

Phone

Billing Address

Address 2

City

Tax ID #

Billing Terms

Info Required on Invoice (PO or Job#)

Contract Contact

Phone

Project Contact

Phone

Ext.

State

Ext.

Ext.

E-Mail

Fax

Postal Code

Sales Tax Exempt#

Account Rep

Email

Fax

Email

Fax

V. PD 06.01.2015-0048 Page 2 of 4

..-----------------------------------------------------------~----~--

OFFERING: The services offered to and selected by Client under this limited promotion are subject to the following requirements and limitations:

1. CP Media Premium with expedited timeline -1 week (5 business days) Scope includes:

Access to live streaming/on demand video (25 GB storage limit) Access to upload only Agendas and Minutes Access to virtual & pre-recorded User Training sessions

Client Requirements: Video Hardware or Software in place I test prior to training https://www .civicclerk.civicplus .help/hc/en-us/articles/36000011 6034-Video-Streaming-Equipment https://www .civicclerk.civicplus.help/hc/en-us/articles/3600001 061 93-Video-Streaming-Process article

Additional training &/or consulting is available for purchase at a later date .

2. CP Media Base with expedited timeline- 1 week (5 business days) Scope includes:

Access to live streaming/on demand video (25 GB storage limit) Access to upload only Agendas and Minutes Access to virtual & pre-recorded User Training sessions

Client Requirements: Video Hardware or Software in place I test prior to training https://www .civicclerk.civicplus .help/hc/en-us/articles/360000116034-Video-Streaming-Equipment https://www .civicclerk. civicplus .he I p/hc/en-us/articles/3600001 06193-Video-Streaming-Process article

Additional training &/or consulting is available for purchase at a later date.

3. CivicCierk Standard Implementation with expedited timeline- 2 weeks

Scope includes: Access to Upload Only Agendas -OR- Up to 5 boards using Pre Built Templates Access to Virtual Admin Training Session (1-2 hours) Access to pre-recorded End User Training (1-2 hours)

Client Requirements: Must use Sample Template (3 to pick from) if not uploading agendas No item report generation No Display pages Video Hardware or Software in place I test prior to training https://www.civicclerk.civicplus.help/hclen-us/articles/360000116034-Video-Streaming-Equipment https://www.civicclerk.civicplus .help/hc/en-uslarticles/3600001 06193-Video-Streaminq-Process article

Additional training &/or consulting is available for purchase at a later date. Optional Ad d-Ons like ADFS will lead to longer timelines - also can be purchased at a later date

4. CivicCierk Premium Implementation- 2 weeks Scope includes:

Access to Upload Only Agendas -OR- Up to 5 boards using Pre Built Templates Includes E-Voting/Display pages Item Report Generation- Pre-Built Templates Access to Virtual Admin Training Session (1-2 hours) Access to pre-recorded End User Training (1-2 hours)

Cl ient Requirements: Must use Sample Template (3 to pick from) if not uploading agendas Must use Item Generation template if not uploading their own

V. PD 06.01 .2015-0048 Page 3 of 4

Video Hardware or Software in place I test prior to training https://www.civicclerk.civicplus.help/hclen-us/articles/360000116034-Video-Streaminq-Equipment https://www.civicclerk.civicplus.help/hclen-us/articles/3600001 06193-Video-Streaminq-Process article

Additional training &lor consulting is available for purchase at a later date. Optional Add-Ons like ADFS will lead to longer timelines- also can be purchased at a later date

V. PO 06.01.2015-0048 Page 4 of 4

June 4, 2020

Shawnee County


Law Enforcement Center 320 S. KANSAS, SUITE 200

TOPEKA, KANSAS 66603-3641 785-251-2200

MEMORANDUM

To: Shawnee County Commission

From: Sheriff Brian C . Hill

Re: Tower Lease

Please find attached a proposed amended contracted between Shawnee County and Mercury Wireless. Mercury Wireless has submitted a request to place some additional equipment on our tower located in SE Shawnee County. Mercury Wireless is responsible for all costs associated with installing the new equipment and it will not interfere with our current radio infrastructure.

Currently there are three separate contracts between Shawnee County and Mercury Wireless for tower lease:

• NW Rossville Badura site (NW Davis Rd) C383-2015 • SE Cook site (SE Shawnee Heights Rd) C269-2016 • SW Valencia site (SW Valencia Rd) C101-2012

The proposed contract incorporates all three contracts above in to one lease agreement at each of the listed tower sites. The rent cost will also increase from $4,200 per year per site to $1 ,700 per month for all three sites. With the approval of this new contract both parties agree to terminate the existing three contracts listed above.

We would request that all rental revenues concerning this contract continue to be credited to the 911 Maintenance & Repairs fund that is currently receiving rental payments from Mercury Wireless.

Please place this on your Thursday June 18, 2020 agenda.

Sincerely, ,.

~c (fed Brian C. Hill Shawnee County Sheriff

SHAWNEE COUNT..t ~:

:tONTRACT # C2!lJ~:>.~o

ANTENNA SPACE LEASE

THIS Ai\TENNA SPACE LEASE ("Lease") is made and entered into as of the 3c:) day of ..._\ ~~,. \'\e_ , 2020 bv and between The Board of County Commissioners of the County of Shawnee, Kansas, ("Lessor"). and Mercury Wireless Kansas, LLC an Indiana limited liability company ("Lessee").

ARTICLE 1. BASIC LEASE INFORMATION.

THE FOLLOWING BASIC LEASE INFORMATION IS A PART OF THIS LEASE BUT DOES NOT CONSTITUTE THE ENTIRE LEASE. LESSEE ACKNOWLEDGES IT liAS READ ALL OF THE PROVISIONS OF THE ENTIRE LEASE AND ANY EXHIBITS AND ADDENDA WIIICII MAY BE A PART HEREOF AND AGREES TO ALL OF THE TERMS AND PROVISIONS OF THIS LEASE.

RECITALS WHEREAS. LESSOR owns communications towers located in Shavvnee County Kansas as defined in section 1.5 below ("Tmver Facility"): and Wllt:REAS. LESSOR and LESSEE entered into three individual Agreements for the use of a certain portion of each Tower Facility: and Vv'HEREAS. LESSOR and LESSEE d~.:sires to rnoditY its agreement at each Tower Facility; and \VHEREAS. the Par1ies agree that under consideration of this new ANTENNA SPACE LEASE both parties to terminate the three individual leases in their entirety and replace those agreements >vith this new ANTENNA SPACE LEASE agreement. See Exhibit B, C and D for individual leases to be terminated. NOW TIIEREFORE. in consideration of the foregoing promises and for other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:

I. I Parties. (a) Lessor:

Attention:

Phone No:

(b) Lessee: Attention:

Phone No:

Shavvnee County Kansas Shawnee County Sheriff's Office c/o Communications 320 S Kansas Ave Suite 200 Topeka. Kansas 66603 (785) 25 1-2365

Mercury Wireless Kansas. LLC Kansas Field Operations Manager 330 I S Kansas Ave Topeka. KS 6661 I (800} 354-4915

1.2 Premises. Subject to the covenants and conditions herein contained. Lessor hereby leases to Lessee. and Lessee hereby leases fro m Lessor, (i) exclusive use of space on Lessor's Towers (as hereinafter defined ) for communications antenna. radio. and their associated mounting mast pipe structures and cables. v .. ·hich antenna levels and spaces are herein sometimes referred to collectively as the "'Tower Premises". and (ii) exclusive use of space at the site 3 feet by 3 feet in size in the communications building adjacent to Lessor's Towers. and

electrical hookups within the buildit1g in order to operate the equipment whiCh space is herein sometimes referred to as the '" 8~1ilding Premises" . The Towerpremisesand the Building Premises hereby leased to Lessee ate herein referred to collectively as the "Pret11ises".

1.3 Lessee's Eauioment. As. used herein; "Lessee's Equipment" shall refer to communications antenna(s), and antenna feedUries not to exceed the equipment listed irt Exhibit A; and any equip1nent installed by Lessee within the Building Premises, provideq that Lessor shall have the right to approve the equipment to be installed by Lessee within ~he Building Premises, which approval shaH not be unreasonably withheld or delayed; and other wires; mounting bracket~ and other items approved by Lessor.

lA Rent. As useq herein, "Rent" shall mean t~e sum of one thousand seven hundred dollars ($l700,00)per month from and afterthe Commencement Date regardless of whether Lessee elects to use all.ofLessee' s Equipment it is permitted to use underthe terms of this Le(lse, as may be adjusted pursuantto Section 32 below. As used in this Lease, "Commencement Date" shall mean the February 1, 2020.

(a) Tower 1- KSO 173 - $600.00/month (b) Tower2- KS0144- $550.00/niciri.th (c) Tower 3 - KS0129- $550.00/month

1.5 Lessor's Tower. As used here.in. Lessor's Tower shall refer to three individual towers as defined by the below:

Tower I Type of Structure:

Address: Latitude:

Lo~gitude:

Tower2 Type of Structure:

Address: Latitude:

Longitude:

Towei· 3 Type ofStructure:

Address: Latitude:

Longitude:

ARTICLE 2. TERM ..

KS0173 Guyed Tower 6449 SE .Shawnee Heights Road BetTyton, KS 66409 38.95000 -95.564940

KSOJ44 Guyed To\ver 8035 NW Davis Rd. Rossville, KS 66533 39.18847 -95.90603

KSQ129 Guyed Tower 5700 SW V ALENCIARD TOPEKA, KS 66610 38.96278 ~95 . 86778

2. 1 Term. The Terin of this Lease shall be for the t.ime period of five (5) ye~rs or until this Le~se is sooner terminated pursuant to the terms hereof, beginning on the commencement date provided that if the Commencement Date does not occur on the. first day of a calendar month, the expiration of the Term shall be calculated as though the Term began on the first day of the next succeeding calendar month; a:nd Rent shall be prorated accordingly. This lease shall aLJtomatically renew for five (5) additional five{5)year Terms. upon the same terms

2

and conditions set forth herein unlessterminated by Lessee or Lessor upon i1o less than one hundred and tvlen:ty (120) days written notice tO. the other party prior to the expiration ofthe initial term and ea~;h renewal. time period as set forth in this section,

2.2 Holding Over. If, with Lessor's prior written consent, Lessee shall hold over after.theTenn expire:s, Lessee shall become a ten~nt on a month-to-month basis upon all ofthe terms, .covenants and conditions ·in this Lease, including the Rerit to be. paid as may be increased pursuant to Article 3. Lessor or Lessee m,ay thereafterelectto terrhimi.te this Lease on a date which is thitty (30) days after written notice. of such election :is given by Lessor or Lessee to the, other party.

ARTICLE 3. RENTAL.

3.1 Payment. Lessee shall pay to Lessor, at the address designated in Article l , in advance and without right of offset on the :first day of each and every catendar m.on:th during the Tenn, or any renewals thereof; a sum equal tO the Rent, as may be increased pursuant to Section 3:2.

3.2 Increase in Rent. Rent will increase for each additional antenna added to the site, The rat~;: for each one additional antenna not included · in section :bxhibitA .shall be fifty doiJars ($50.00) per month.

ARTICLE 4. USE; ACCESS,

4. I Permitted Uses. Lessee and its approved subtenants and licensees shall be entitled to use the Premises only for the itl.staUation, .maintenance, and operation of Communications Equipment, and tor no other purposes, and shall be permitted access to the Premises,.Lessor;s Towe.r and adjacent building for such purposes, subject to the requirements of this Lease. Lessee, and its approved subtenan~s ; licet)sees and their invitees, employees, contractors, and engineers shall be allowed access to the premises on a 24 hour, 7 days a week basis subject to the requirements of this lease.

4.2 Lessee's Obligations. (a) Lessee shall instaJI upon the Premises, at its expense, Lessee's Equipment, a,nd shall also have. the right to modify, alter orreplace the same. from time totime during the term of this Lease. All of Lessee's construction and installation work with respect to Lessee's Equipment ano a.ll alteratiqns shall comply wit.h all codes,. r~gulations, and other applicable requirements of governmental agenCies having jurisdiction over the Premises, and shall be completed free of liens in a good workmanlike manner in compliance with Lessor's specifications an<! standards. A11 of Lessee' s Equipmentshall be subject to this Lease, but title thereto shall remain in Lessee's name and prior to expinition or sooner termination ofthe Term, or any renewals thereof, of this Lease, all of Lessee's Equipment shall be removed by Lessee from the Premises at Lessee's expense. Lessee sha ll be responsible for causing its e1nployees, contractors, subtenants, licensees, a:nd invitees to lock a,ll security gates; doors, fences, and rearm security devices when leaving Lessor's. Tower area. Keys, combination.s and security codes will be supplied to Lessee as required. .

(b) Lessor shall maintain the common premises, ·grounds, and structures in a professional manner and ensure safe working conditions to the b(!st ofits ability. Le~sorrepresents that the. tower has been constructed in accordance 'i-vith Federal Aviation Administration and Federal Coinmunications Cortmiissio11 standards, specifications, and permits~ Le~sorshall !'naintain the

3

ground lease and the taxes and fees associated with it Lessor shall provide power to Lessee.'s equipment including but not liri1ited to transmitters and switches.

4.3 Lessor's Aooroval. Any other provision in thisLeaseto the contrary notwithstanding, where. Lessor shall have the right to approve the manner in which all of Lessee's Equipment and any alterations thereto (including without limitations base. stations, antennas, poles, mounts, masts, cabling, wiring and Tdated accessories).which are installed or completed on or within the Premises or L'essor;s Tower by Lessee, said approval shaH notbe unreasonably withheld, conditioned or delayed, and all such detenninations shall be made on a reasonable basis and in areasonable manner.

4.4 Compliance with Laws. In addition to ·all other obligations of Lessee as set forth in this Lease, Lessee shall install, maintain ai1d opet'ate Lessee's Equiprrtent in a manner (i) which does not interfere in any way whatsoev.er with the equipment of Lessor or any o:ther . tenant, subtenant or licensee currently (as of the date of this lease) operating and maintaining its equipment on Lessor's Tower and/or the adjacent building, subjectto Se.ction 4.6~ and (ii) which meets or exc~eds all applicable FCC and FAA r~les, regitlations and conditions; and complies with all licenses, consents, pennitsand appt'ovals obtained by Lessee which pei"rhit it to install; operate and maintain Lessee's Equipment.

4.5 Repair of Damage. Lessee shall p.romptly repair; atits expense, ali damage or injury to Lessor's Tower, the adjacent building, roads, fences and any other real estate or improvements leased or owned byLessor or any other parties, to \\thorn Lessor has .an obligaiioh (including without limitation any ground lessor), caused by Lessee or its. subteria:nts or licensees, or their respective employees, contractors, agents or invitees.

4.6 Regulation of Frequencies. All frequencies (radiated RF energy) utilized by Lessee ot its subtenants and licensees at Lessor's Tower and/or genera~ed by the operation of Lessee's Equipment, and anymodifkations to such ft'equenciesand/or Le~sor's Equipment, which could affect the performance of other eqtiipment operated by Lessor oi· othef tenants, subtenants or licensees cutTently on the tower, must be first approved in writing by Lessor. If Lessor gives its approval to the frequencies requested by Lessee, Lessor may ajso impose such conditions, specifications and requirements as Lessor deerns necessary for the proper operation of Lessor's Tower and its use by multiple tenants, subtenants arid licensees. Lessor will grant Lessee the exclusive rightto operate within 3500 MHz to 3700 MHz and 5l00mhz to 5900mhz and will not and has not granted this rightto any other ¢allocated on Tower Premises.

4. 7 Grounding of Tower. Lessor ~hall in. no event have any liability to Lessee or any other person or entityforthe failure to ground Lessor's Tower sufficiently or for any loss of use ofthe Premises resultingtherefi~om. Lessee shall have the right, at its expens~, .to add additional grounding equipment and facilities Lessee desires pursuantto plans and specifications a,pproved by Lessor.

4.8 Non-Interference. Duringthetenil of this Lease, Lessqnvill not, tothe best of Lessor's ability, grant a similar lease to any other party ifst~ch grant WO\.Ild in any way adversely affe<:t or cause radio frequency interference with Lessee~s use of Lessee's Equipment: In the eventofariy radio fl·equency interference, Lessor sh;:lll take all steps nece~sary to correct and eliminate said in.terferenc~ Within forty-eight (48) hours. !f Lessor is unable to eliminate the interference Yvithin forty-eight (48) hours; Lessor shall be obligated to remove any subsequent source of interference from Lessor;s property. Lessee shall not change.freguency, or

4

significa11tly increase the power or locationof its equipment without first obtaining the written consent of Lessor, which shall not be unreasonably withheld, conditioned or delayed. Lessee shall remedy any R.F. interference its equipment generates, due to equipment failure, aging; misadjustrnent, radio orantenna modifications. Such remedy shall be accomplished at Lessee1s expense and in a reasom1.bletiine frame. Lessor shall not be responsible qr held liable for any R.F. interference or degradation Lessee may receive due to changes in F.C.G. rules, policies or any other action taken by the F.CC. If Lessee is unable to resolve inte1ference Lessee's equipment causes to others on the premises within forty-eight (48) hours Lessee shall tum offthe equipment or the function generating the< interference ~mtil it tan be corrected. Lessor reserves theright to remove any communications equipment operated on the premises (at Lessee's expense), if harmful interference is not resolved in accordance \vith the terms of this contract.

ARTICLE 5. MAINTENANCE OF LESSEE'S EQUIPMENT; UTILITIES.

Lessee shall maintain Lessee's Equipineritin good condition and repair at all tiines at its expense. Lessor recognizes future utility services may be required and agrees such approval of changes will not be unreasonably denied or delayed.

ARTICLE 6. TAXES.

DuringtheTenn, or any renewals thereof, ofthisLease, all real and personal property taxes and assessments levied against Lessor's Towershall be paid or cause to be paid by Lessor, provided that all taxes levied against or attributable to Lessee's Equiprnent sha] I be paid by Lessee prior to delinquency. lfthe value of Lessee's Equipment is included in any tax levied against Lessor's Tower or the real estate to which it is affixed, Lessee shall payto Lessor, within fifteen (15) days after demand and receipt of a copy of the tax bill, the amount attributable to Lessee's Equipment; asreasonably detennined by Lessor. Ifanything about the lessee's antennas change the tax levied on the towei·, lessee has the option ofpayirtgthe taxes, or vacating the tower and terminating the lease.

ARTICLE 7. INSURANCE; INDEMNITY.

7.1 Liability Insurance for Premises. Lessee shall maintain in effe~t at its expense, throughout the Term, or any renewai:S thereof; of this Lease, property damage and public liability insurance covering Claims for personal injury, oeath or property damage occurring in, upon or adjacent to the Premises, Lessor's Tower and/or the access road and arising out of Lessee's use of Lessor's Tower, whichpolicyor pdlic:ies of insurance shall name Lessor as aqadditional insured, apd shall provide that the insurance underwriter must notify Lessor in writing at least ten (I 0) days prior to any cancellation thereof The limits of covenige u:nder such insurance shall be not Jess than $ 500,QOO.QO combined single limit, or such higher amounts as Lessor, acting reasonably, may designate from time to time during the terrri of this Lease. Lessee shall cause a certificate of such policy to be <felivered to Lessor to evidence Lessee's compliance with thete1ms hereof upon Lessor's reqttest.

7.2 Indemnity. The parties shall indemnify, defend and bolcl each other hannless from and against all losses, claims and liabilities (including reasonable attorrteys1 fees and costs) incutTed by the other party and arising frdm (a) use ofthe Premises; Lessor's Tower~ tht! adjacent building and land or the. access road and the conductofbusiness thereon, (b) any activity, work or things done,pennitted or suffered; in >or abdut the Premises; Lessor's Tower, the adjacent

5

building and land or any access road, (c) any bi·each or default; or negligence or willful misconduct in the performance of any obligation to be perfom1ed under the terrt1s of this Lease.

7.3 Fire and Casualty Jnsutance. During the tertn of this Lease, Lessee shall bear the risk of loss with respect to Lessee's Equipment and Lessee shall be responsible for maintaining policies of fire and extended coverage insurance bnall ofLessee'.s Equipment. Lessor sha'll bear the risk of loss with respect to Lessor's Tower and LessQr shall beresponsible for maintaining policies of fire and extended coverage insurance oil Lessor's Tower arid the adjacent building.

RTICLE8. ASSIGNMENT AND SUBLETTING.

Except to an affiliate of Lessee, Lessee. shall not assign this Lea~.e nor sublet or license any portion of the Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld or delayed. Lessor's consent to one assignment or subletting shall not be deemed a . consent to any subsequent assignment or subletting. Notwithstanding the foregoing, Lessor shall have the right; in Lessor;s sole discretion, to require that any assigne~. sub-lessee, or licensee (including art affiliate of Lessee) shall agree in "vriting to<asslime the obligations of Lessee. under this. Lessee shall have the right to mortgage or convey by deed of trust or other inst~ument adequate for the purpose of securing the bona fide indebtedness or evidence thereof this Lease .or the leaseholder' s interest ofLessee created hereby, together with all equipment, provided that Lessor is notitled of such mortgage prior, to its becoming effective and that no such mortgage, conveyance or encumbniilce, nor any foreclosure thereof, nor any purchase thereunder, shall impair or abridge the rights of Lessor tinder this Lease. .

ARTICLE 9. MECHANICS' LIENS.

Lessee agrees to keep Lessor's Tower and the land to which it is' affixed free andclear of all mechanics', materialmen's and other liens for work or labor done, services performed, materials, equipment; transportation or power contributed, tlsed or fumished for use · in, on ot about the Premises at the request of Lessee or its subtenants, assignees, licensees, agents or contractors. Lessee shall promptly and fully pay and discharge any and. all amounts upon which any s\lch lien could be based, and shall indenu1ify; defend and hold Lessor hannless from all such Hens and claims of lien and suits or other proceeding~ arising therefrom, and all costs and expenses {including reasonable attorneys' fees) which Lessbrinay incur as a result thereof. Lessee shall have the right to contest any such claim of lien, at its expense, provided that Lessee furnished to Lessor adequate security for the amount of the claim, as reasonably determined hy Lessor iri its discretion, or a bond of a responsible corporate surety approved by lessor in such amount, which is conditioned .on the discharge of the lien.

ARTICLE 10. CONDEMNATION.

l 0. r Allocation of Award. If any part ofthe Prerqises or L~ssor's Tower or adjacent property or improvements shall be condemned or taken for arty public purpose by the United States of America, the State ofKansas, or its subdivisions; or for ~ny .other purpose or by any other party as may be permitteq bylaw ("condemnation''). (i) Lessor shall receive: al]monies that · shall be paid for such taking and condemnation with respect to Lessor's Tower, the adjacent bui ldingand the Premises, and (ii) l_,essee shall receive aU monies paid with r,espect to Lessee's Equipment and the cost of removing or relocating the same,

6

I 0.;2 Right to Temiinate. In the event of a condenmation which is of s.uch a scope that Lessee cannot utilize the Premises in a profitable manner, as reasonably determined by Lessee. L~ssee .shall havetheright; at its option, to terminate this Lease, but only if it gives Lessor written h<itice. of such election on thirty(30) days notice to Lessor. Upon.stich termination, Les~or and Lessee shall have no further obligations under this Lease.

ARTICLE tl. REMEDIES.

1 L1 Defau It by Lessee. If Lessee fails to pay any part of the Rent or any other sum required by this Lease to be paid to Lessor at the times 0r in the mannerprovided, and ifsuch failure continues for thirty (30) days after wdtten notice from Lessor to Lessee, or, in the' event of a default not involving the payment of money, if such default continues for thirty(30) days· after written riotice thereof from Lc;:ssodo Less.ee (or for such longer period oftime as. may be rea:mnably i1ecessary for Lessee to commence arid diligently attempt to cure said default), then Lessor, besides other rights or rentedies it may have, shaH have the immediate right of re-entry and repossession ofthe Premises. ·

11.2 Lessoris Rights Upon R.e-Entry. Should Lessor elect to re"enter as herein provided, or should '"'essor take. possession pursuant to legal proceedings or pur:mant to any notice provided by law, it may (In addition to or in conJunction with all other rights and remedies available herein or by law) eithertenninate this Lease to the same extent and with all the legal incidents as iftbe Tenn. or any rehewals·thereofhad expiredbylapse.oftime, or itmay from time to time, without terrnination of this Lease, relet the Premises or any part thereoffor such term or terms and a.t such rental and upon such other terms and conditions as Lessor, in its reasonable discretion, rriay (jeem advisable, with the right to make alterati()ns and r:epa:irsto the Premises. Upon suchreletting, the rents r.eceived by Lessor therefrom shall be applied firslto the paynient ofany indebtedness other than Renfdue hereunder from Lessee; second, to the payment of any c.osts and expenses of such reletting and such alterations and repairs; third, to the. payment of Rent due and unpaid hereunder; and the residue; if any, shall be held by Lessor and applied in payment of fUture 1'e!1t as the same becomes due hereunder, No such, re-entry or taking possession of the Premises by Lessor shall be construedas an election on its part to terrninate this Lease unless a written notice of such intention is given to Lessee, Notwithstanding any such reletting withouttennination, Lessor may, ?t anytime thereafter, eiec( to terminate this Lease for such previous breach. ·

11.3 Remedies Cumulative; Waiver, No remedy herein conferred upon either party shall be considered exclusive ofany other remedy, but the same shall be cumulative and shall be in addition to every other remedy given heretinder, or now or hereafter existing at law or in equity or by statute. No delay or omission of a p&rty to exercise anyright or power ·arising trom any defat1lt shall impair any such right or po\-ver, or shall be construed to be a waiver of any such default or an acquiescence therein, unless expressly stated in writing. ·

11 A INTENTIONALLY OMITTED

11.5 Attorneys' Fees. If either party hereto finds it necessary to employ legalcounsel or to .bringan action at law or other proceeding against the other party to enforce any of the terms, covenants .or conditions hereof, the party prevailing in any such action or other proceedings shalt be paid on demand all reasonable attorneys' fees and costs by the other party, and if any judgment is secured by such prevailing party, all such attorneys' fees and costs shall be included in any such judgment in any such action of proceeding.

7

11.6 Default by Lessor. LeSSOI' shall not be deemed in defatilt under this Lease~ unless Less~e .~hall first give written notice of such default to Lessor and Lessor failsto cure the same Within thirty (30)days after written notice thereoffrorn Lessee to Lessor, or for such longer period oftinie as may be reasonably necessary for Lessor to commence and diligently atteinptto cure said default. In the event Lessor is unwilling or unable to cure the default, then Lessee, in. addition to any and all other remedies at law or in equitY that Lessee may ha:ve, inay,, at any time thereafter, dect to tem1inate this Lease for s.uch breach upon written notice to Lessor. Upon S!lch termination, aU of Lessee's obligations to Lessor; including the payment of any future rent, shall end and Lessee shall be without any further obligation to Lessor e)(cept for any amounts that remain .due and owing to Lessor as of the date of Lessee's termination. .

ARTICLE12. ESTOPPEL CERTIFICATE.

From time to time uponrequest of Lessor, Lessee agreesto execute, acknowledge ahd deliver to Lessor or its lender or a prospective purchaser ofLes~or's Tower. within twenty (20) days after such a request is re.ceived, a certificate evidencing. whether or not; (l) this Lease .is in full force and effect; (2) this Lease has been modified or amended in any respect, and submitting copies. of such modifications or amendments, ifany; and (3) there are any existing defaults hereunder to the best of Lessee's knowledge and specifying the nature of such defaults; if any.

ARTICLE 13. NOTICES.

All notices, requests; consents, demands or other communications which are to be given, made or sent pursuant hereto, orwhich may be given or made or sent by either party hereto to the othe:r,.shaU be. in writing and deemed to have been fully received, given or made (i) immediately upon personally delivery or when sent by facsimile transmission to the n.umber set forth in Section 1.1 (a) or (b),, (ii) 48 hours after the same a re deposited in the United States rnail, registered or certified, post~ge prep~io, return receipt requested, and addressed to the respective party as set forth in Section 1.1 (or such other nwnber or address as either party hereto may from time to time designate in writing and de.! i ver to the other), or (iii) 24 hours after depositing same with an overnight delivery service.

ARTICLE 14. INSOLVENCY OF LESSEE.

Lessee agrees that neither this Lease nor any interest ofLessee in the Premises shall be subject to invohuitary assignment, transfer of sale, or to assigtiment, transfer or sale by operation oflaw in any manner whatsoever;and any such attempted involuntary assignment, transfer or sale shall be void and ofno effect; Withoutlimitingthe generality of this Article, and to the extent riotprohibited byfederallaw; Lessee agrees that if any p~titions or proceedings under the Federal Bankruptcy Code or any amendmenttheteto.are filed or commenced by or against Lessee, and it against Lessee, said proceedings shall not be dismissed "vithin ninety(90) days following commenqem~nt there<;>f; or if Lessee is adjudged insolvent or makes. an assignment for the benefit of it~ creditors, or if a writ of:ittachment.or execution is levied ·on theJeasehold .estate hereby created and is riot r.eleased or satisfied within ninety (90) days thereafter, any such event or any involuntary assignment shall constitute a breach of this Lease by Lessee and, at the optiori of Lessor h¢reundef or as provided by law, Lessor may, at its option andwithout notice of entry or other action of Lessor, terminate this Lease and also all. rights of Lessee under this Lease and any and all persons claiming under Lessee in ai1d to the Premises. The grace period provisitms in Section 11 . 1 shall not. apply to this Article.

ARTICLE 15. FORCE MAJEU·RE.

(feither party shall be delayed or prevented from the performance of any act .required hereunder by teason of .acts of God; strikes; lockouts, labor troubles, civil disorder; inability to procure materials, restrictive governmental laws or regulation or other caqse without fault and beyond the control of the party obligated (financial inability excepted), performance ofsuch act shall be excused for the period ofsuch delay. .

ARTICLE 16. SURRENDER OF PREMISES.

At the expiration of this Lease, Lessee shall surn;:nder the Premises to I.,essor in good condition and repair. reasonable and ordinary weat' and tear excepted, but Lessee shall have the right to remove Lessee's Equipment if coh1pleted prior to expiration of the Tenn provided that {i) Lessee shall notremoveany cables or cable clipsfromthe Premises unless.Lessor so directs; and (ii) Lessee shall be obligated to remove Lessee's Equipment at Lessee's expense after the Term expires ifLessor dire.cts Lessee to do so in Les.sor's discretion .

ARTICLE 17. MAINTENANCE OF LESSOR'S TOWER; LIGHTING REQUIREMENTS; DAMAGE OR DESTRUCTION.

17.1 Maintenance. During the Term, Lessor shall keep Lessor's Tower and the adjacent building in ~ood condition and t'epait, reasonable and ordinary wear and tear accepted.

17.2 Lighting Requirements. Lessor agrees to comply with alltoweror building marking and lighting requirements which inay apply to Lessor's Toweras prescribed by the . Federal Aviation Administration ("FAA") or the Federal Communications Commission {"FCC"), or other applicable authorities.

17.3 Damage and Destruction. If Lessor's Tower and/or adjacent. building shall be damaged or destroyed by fire, severe <vveather or other casualty, Lessor shall repair the same a:t its expense as soon as reasonably possiblethereafter,and Lessee shall repair at its expense all damage to Lessee's Equipment,. provided thatif Lessor's Tower is damaged or destroyed to such ar1 extent that it cannot reasonably be repaired and restored within ninety (90) days after sttcb casua!tyor damage has occurred, then Lessee shall have the option to tetminatethis Lease on or after the 90th day following such damage by giving written notice of such election to Lessor. Upon suchtennina:tion, neither party shall have any further obligation under this Lease. If any damage or destruction occurs which renders the Prtm:iises unusable tor the operation of Lessee's Equipment, the Rent shall be abated in an equitable manner to the extent of such adv.erse effect on the operation of Lessee's Equipment, as reasonably detennined by Lessor and Lessee, until the Premises are in a condition which pennits the operation ofLessee's Equipment in substantially the same manner it was operated prior to SJ.lch damage. or destruction.

ARTICLE 18. GENERAL PROVISIONS.

18.1 Time of the Essence; Successors. Time is of the essence of this Lease and aU covenants and conditions hereof. Except as herein otherwise provided, this Lease arid all

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provisions hereof shall be binding upon and inure to the benefit of the s~t.ecessors, assigns, heirs; administrators, legal representatives a:nd executors of the parties.

18.2 Captions~ The headings or captions.ofarticles or sections in this Lease are for convenience and reference only q_nd in no way define, limit, or describe the scope or intentof this Lease or the provisions of such atticles or sections.

18 .. 3 Goveming Law. This Lease shaH be construed and enforced in accordance with the laws of the State ofKansas·.

1 8.4 Relationship of Parties. Notwithstanding anything herein to the contrary, it is agreed and understood bythe partiesthat notbing containe.d herein shall be deemed to create any relationship other than that of a lessor and lessee.

18,5 Amendment. No amendment or modification ofthis Lease shall be valid unless in writing and signed by Lessor and Lessee.

18.6 Authority. Each individual signing below on behalf ofan entity represents and warrants that he or she is duly ~uthorized to sign this Lease on behalf of, and to bind, said entity.

18.7 Joint Liability. If more than one party constitutes Lessee, each suchparty sh;ill be jointly and severally liable for all of Lessee's obligation set forth inthisLease. .

18.8 Covenant of Quiet Enjoyment. Lessor warrants, covenants and agrees that Lessor has full right and authority to make this Tower Lease, and that Lessee, upon paying the rental and performing the covenants and agreements herein contained, will peacefully and . quietly hold and enjoythe demised premises during the entire term hereof.

18.9 Consents. Except as otherwise provided for in this Lease, whenever under the' Lease the consent or approvalofeither party is required or a determination: inust be made by either party, no such ¢on sent or approval shall be unreastniably withheld or delayed, and all such determinations shall be made on a reasonable basis and in a reasonable manneJC.

(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)

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IN WITNESS WHEREOF, the parties have executed this Lease the day and year tirst above written.

1\ilercury Wireless Kansas, LLC

Date: __ ,_,/'--·..:::..3__,/'--z=-· ....:.o ___ _

I I

Sha'vvnee County Kansas

By:----------NAME TITLE "LESSOR ..

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

EXHIBIT A:

Landlord

12

13

N/A N/A

188; 199,270 98

Landlord

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