Amouo< Docketl lnstru nt Person To Served Court Plaintiff Defendant Service Mileage other Total Pak:l Dl.l8 Now Riel rre Be Served Date STATE OF (15!2312019 $18.00 $31.72 $49.72· $49.72 Subpoena NEBRASKA D $49.72
Make Payments to: Gage County Shertff 612 Uncoln Street BM'tTice, NE 68310 Local Oelivety Provided By: SALES INVOICE 0 indeJief!!ent OFFICE PLUS OF KANSAS """'"" Sales Invoice Number: 5100351487 Sales Invoice Date: 06105/19 Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700 Page: 1 Invoice Questions: 847-261-0052 Rosemont. IL 60018 Ordered By: Kathy Be~ Contract No.: R141701 800-231-9848
Ship DISTRICT ATTORNEY Sold SHAWNEE COUNTY To; Ksthy Beach To: 200 SE 7TH ST 200SE7THRM214 TOPEKA, KS 66603 DISTRICT ATTORNEY TOPEKA. KS 66603
DEPARTMENT DUE DATE ACCT. NO.· Sales Order No. CUSTOMER PO I 07105119 PNW27D872 000000
Ship Qty Unit Price Total Price PNWltem Description Ord Qty Customer ID: 8 CT 8 CT 42.18 337.44 UNV21200 PAPER,XERO/DUP,WELTR,20#
3 DA AduH • 3 Famil:;- Law- 2 Charging C«e Cartract Item 6 DZ 2.21 13.26 UNV15521 PEN,COMFORT,GRP,RET,FN,B 6 DZ
Core Contract Item DZ BICGSFG11 BE PEN,BALLPT,RDSTIC,GRP,FN, 6 DZ
Per TCPN Contract# R141701 1 CT 58.23 58.23 KCC21005 TISSUE,KLNX FLAT,615/100 1 CT
Cor& Contract Item 19.33 1 CT 1 CT 19.33 SEL44169 MAILER,CD-ROM,JIFFYLITE
PerTCPN Cootract# R141701 1CT 38.23 38.23 DXEWNP90D PLATE,PAPER,9",UNC,250/PK 1 CT
PerTCPN Contract# R141701 1 PK 5.19 5.19 UNV79000VP STAPLES,CHSEL PT,25THIPK 1 PK
Core Contract ~em Local Delivery Provided By: SALES INVOICE OFFICE PLUS OF KANSAS
Sales Invoice Number: 8100351487
Sales Invoice Date: 06105119 Remit Independent Stationers, Inc. To: 5600 N"River Road, Suite 700 Page: 2 Invoice Questions: 847-261-0052 Rosemont, IL 60018 Ordered By: Kathy Beach Contract No.: R141701 800-231-9848
Ship DISTRICT ATTORNEY Sold SHAWNEE COUNTY To: Kathy Beach To: 2QOSE 7TH ST 200 SE 7TH RM 214 TOPEKA, KS 66600 DISTRICT AITORNEY TOPEKA, KS 66603
DEPARTMENT DUE DATE ~CT. NO. Sales Order No. CUSTOMER PO --- - 07/05/19 PNW270872 000000 '
I
Subtotal: 471.68 Amount Subject to Amount Exempt Sales Tax from Sales Tax Total Sales Tax: 0.00 0.00 471.66 Total: 471.68
(End of Report) Local Delivery Provided By: SALES INVOICE 8indepe~ OFFICE PLUS OF KANSAS Sales Invoice Number: 5100351688
Remit Independent Stationers, Inc. Sales Invoice Date: "06/06/19 To: 5600 N River Road, Suite 700 Invoice Questions: 847-261-0052 Page: 1 RosemOnt, IL 60018 Contract No.: R141701 Ordered By: Kathy Beacl'l 800-231-9848
Sold SHAWNEE COUNTY Ship DISTRICT ATTORNEY To: 200SE7THST To: Katlly aeach TOPEKA, KS 66603 200 SE 7TH RM 214 DISTRICT ATTORNEY TOPEKA, KS 66603
ACCT. NO. Sales Order No. CUSTOMER PO DEPARTMENT DUE DATE 9 PNW270872 000000 07/06/19
PNWitem Description Ord Qty Ship Qty Unit Price Total Price Customer 10:
UNV21200 PAPER;XERO/DUP,WELTR,20# 8 CT CT
3 DA Adult- 3 Family Law- 2 Charging Core COntract Item UNV15521 · PEN.COMFORT,GRP,RET,FN, B 6 DZ DZ
Core Contract Item BICGSFG11 BE PEN,BALLPT,RDSTIC,GRP,FN, 6 DZ 6 DZ 2.67 16.02
Per TCPN Contract# R141701 KCC21005 TISSUE,KLNX.FLAT,6/5/100 1 CT CT
Core Contract ltelli SEL44169 MAILER,CD-ROM,JIFFYLITE 1 CT CT
PerTCPN Contract# R1417Cl1 DXEWNP90D PLATE,PAPER,9",UNC,250/PK 1 CT CT
PerTCPN Contract# R1417Cl1 UNV79000VP STAPLES,CHSEL PT,25TH/PK 1 PK PK
Core Contract Item Local Delivery Provided By: SALES INVOICE OFFICE PLUS OF KANSAS
Sales Invoice Number: SIDD3516BB Sales Invoice Date: 06106/19 . Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700 Page: 2 Invoice Questions: 847-261-0052 Rosemont. IL 60018 Ordii!red By: Kathy Beactl Contract No.: R141701 800-231-984S
Ship DISTRICT ATTORNEY Sold SHAWNEE COUNTY To: Kathy Beach To: 200 SE TTH ST 200 SE 7TH RM 214 TOPEKA, KS 66603 DISTRICT ATTORNEY TOPEKA, KS 66603
DEPARTMENT DUE DATE I ACCT. NO. Sales Order No. CUSTOMER PO I 07/06/19 PNW270872 000000
Subtotal: 16.02 Amount Subject to Amount Exempt from Sales Tax Sales Tax Total Sales Tax: 0.00 0.00 16.02 Total: 16.02
[End or R~port) Local DelivefY Provided By: SALES INVOICE 0 independent OFFICE PLUS OF KANSAS -.~,...., Sales Invoice Number: 5100351695
Remit Independent Stationers, Inc. Sales Invoice Date: 06106/19 To: 5600 N.River Road, Suite 700 Invoice Questions: 847-261-0052 Page: 1 Rosemont, IL 60018 · Contract No.: R141701 Ordered By; Kathy Beach 800-231-9848
Sold SHAWNEE COUNTY Ship DISTRICT ATTORNEY To: 200 SE 7TH ST To: KathyBeach TOPEKA, KS 66603 200 SE 7TH RM 214 DISTRICT ATTORNEY TOPEKA, KS 66603
ACCT. NO. Sales Order No. CUSTOMER PO DEPARTMENT DUE DATE PNW271289 00000 07100119
PNWtteni Description On! Qty Ship Qty Unit Price Total Price Customer ID:
CL014882 REFILL,FITOILET WAND,61PK 5 PK 5 PK 4.91 24.55
PerTCPN Contract# R141701 RAC85018 CLEANER,MULTI PURPOSE EA EA
Order cancelled per Crystal.
Amount Subject to Amount Exempt Subtotal: 24.55 Sales Tax from Sales Tax 0.00 24.55 Total Sales Tax: 0.00 Total: 24.55 (En:! ol Report) -. --
local oenvery Provided ay: SALES INVOICE OFFICE PLUS 0~ KANSAS Sales Invoice Number: 5100351697
Sales InvOice Date: 06/06/19 Remit Independent Stationers \JlC. . To: - 5600 N River Road·, Suit~ 7oO Page: 1· Invoice Questions: 847-261.0052 Rosem.ont, IL 60018 ordered By:- Ka\IJY Beach Contract No.: R141701 800-231-9848 Ship DISTRICT ATTORNEY Sold SHAWNEE COUNTY To: KathY Beach To: 200 SE 1TH ST 200SErrHRM214 TOPEKA, KS 66603- DISTRICT ATTORNEY TOPEKA. KS 66603
DUE DATE - . ' DEPARTMENT ACCT. NO. SaleS OJ'cter:No: Cl TOMERPD• 07106119 '
- 000000 i P!IIVV~713~7 - -- -~ '- ... · Total Price -- - '-• -- Unit Price Onl Qty Ship Qty ' Item Oescriplion P.tfW -·~· --~- Customer io: 6.44 19.32 - 3 EA 3EA RAC85017 C~pNE~,MUlTI PURPOSE
-~ ·-.·
·. ·, f
' ~' ! ' ., ...'\:" , '- f '
Subtotal: 19.32 Amount EXempt Amount Subject to f 0.00 Sales Tax from Sales Tax Total Sales Tax: 0.00 19.32 ,- Total: 19.32 ThermCraft INVOICE I 3762 Bradview Drive Sacramento CA 95827 089070 Page: 1 Phone: (916) 363-9411 Fax: (916) 363-9414 INVOICE DATE: 05101119
CLIENT NO:
CONSULTANT N BR None
SHIP TO: TO: Shawnee County Courthouse District Attorney's Office 200 SE 7th Street 200 SE 7th Street Room 201 Room 214 Topeka KS 66603 Topeka KS 66603
AMOUNT SHIPPED UNIT ITEM DESCRIPTION UNIT PRICE
1 BX/500 DA21K District Attorney Cards 16.00 16.00
Customer PO: 0000000 Dist PO# 123831 Shipped: USPS Priority Mail Notea: Q-Net On:teJ#: 19883 1 BX/500 DA21K District Attorney Cards 16.00 16.00
Cuatomer PO: 0000000 Dlst. PO# 123831 Shipped: ~ USPS Priority Mail O·Nel·~" Ordoot. ""'''
THANK YOU FOR YOUR ORDER! SUBTOTAL 32.00 HAVE YOU TRIED OUR OTHER SERVICES? A LIST OF OUR SERVICES INCLUDE THERMOGRAPHY, OFFSET AND DIGITAL PRINTING, STAMPS AND ENGRAVING, SIGNS AND BANNERS, NUMBERING AND OTHER BINDERY SERVICES. SALES TAX 0.00 LET US KNOW WHAT WE CAN DO FOR YOU!! FREIGHT 6.50 TOTAL 38.50 ACCT# ~~ THOMSON REUTERS SHAWNEE COUNTY .. :·_ : .- DISTRICT ATTORNEY 200 SE 7rn ST TOPEKA KS 65603-3922
INVOICE# 840362648 WEST INFORMATION CHARGES lNVOICE PAGE MAY 01, 2019 - MAY 31, 2Dl9 I CHARGE TAX TOTAL CHARGE DESCRIPTION IN usn INUSD D'l USD
WEST INFORMATION CHAJIGES 20~.00 "" 209.00
IMPORTANT NB'\IS TIME SAVING TIP: Yoo can now find answers 24/7 to commonly asked GUstomer service questions online at legalsolutlons.comfsupport. Firtd informallon on ~;~ccount maintenance, billing, returns, refund~. OnePass, orders, subscriptions, conlr!iclS and more.
FOR BlLLJNG INFORMATION CALL 1000346770 A 1-SOO-328-48110
RETURN BOTTOM PORTION WITH PAYMENT
INVOICE # 840352648 INVOICE DATE 06/Cll/2019 ACCOUNT# WEST INFORMATION CHARGES MAY 01, 2019 - MAY 31, 2019 VENDOR# 41-1426~73 VAT REG# EU&15Q06554
AMOUNT DUE IN USD 209.00 DUE DATE (17/0IJW19 AMOUNT ENCLOSED IN USD ---- Thorrucm Reuters • West Payment Center SHAWNEE COUNTY P.O. Box 6292 DISTR1CT ATTORNEY Carol Stream, ll- 60197-6292 200 SE 7TH ST TOPEKA KS 66503-3922
0840362648 ODODODOODDDDDDDDOOOOOO 20190601 ZCPG 000020900 0010 1000346770 4 .·:.~:·. ACCT# ~~ THOMSON REUTERS SHAWNEE COUNTY DISTRICT ATTORNEY •!:'.;;• SHAWNEE COUNTY COURTIIOUSE 200 SE 7TR ST STE 214 TOPEKA KS 65603·3933
Th"VOICE # 84()369706" PAG~ WEST MAY 01. 2019 -MAY 31. 2019 CHARGE TAX TOTAL CHARGE IN USP JNUSD IN USD
WEST INFORMATION CHARGES 3,1VJ.89 0.00 3,119.89
' ~can now find answers 24/7 to commonly asked customer service questions online at legalsolutlons.c()m/support. ~ i on acc()unt mainter~ance. billing, returns, refunds, OnePass, orclars, subscriptiDnS, contracts and more. I
FOR BILLING JNFORMA TION CALL 1000589558 A 1-800-328-4&80
RETURN BOTIOM PORTION WITH PAYMENT
JNVOlCE # 840369706 INVOlCE DATE 06/0l/2019 ACCOUNT II WEST INFORMATION CHARGES MAY 01, 2019. MAY 31, 2019 VENDOR# 41-1426973 VAT REG# EDB26006554
AMOUNT DUE IN USD 3,1VJ.89 DUE DATE 07101f2019 AMOUNT ENCLOSED IN USD ____ TbOII1SO.n Reuters • West l'aJ'!IIenl Cemer SHAWNEE COU""NTY DISTRICT ATTORNEY 1'.0. Dox 6292 SHAWNEE COllNTY COURTHOUSE Carol Str~ IL 60197-6292 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933
0840369706 0000000000000000000000 20190601 ZCPG 000311989 0010 1000589558 1 .·.~:iiif.·. SUBSCRIPTION INVOICE SUMMARY ,~~~?! TiiOMSON REUTERS
Elll To: From: SHAWNEE COUMTY DlSTRJCT ATIORNEY Thomson Rellten; - West SHAWNEE COUNTY COURTHOUSE P.O. Box 64833 200 SE 7TH ST STE 214 st. Paul, MN 55164-0833 TOPEKA. KS 66603-3933 Page 1 of " IMPORTANT NBNS TIME SAVING TIP: You can now find answers 24n to commonly asked customer service questions onnne at legalsolutions.com/support. Fiml information on account maintenance, billing, returns, refunds, OnePass, orders, subscriptions, contracts end more.
C1.1:>tomer Sefv1ce. 1/800-328-4880 ( . f See reve~e sldf e or con ltdac pay men 111 orma II '" "" TOTAL INVOICE: BIWNG ACCOUNT #: INVOICE NO: INVOICE DATE: BIWNG Pffi!OP: PAYMENT DUE: 8404522S4 06/04/201 9 MAY p5, 2019- 0710412019 AMOUNT IN USD: JUN 04, 2019 75.60
D&scrtptlon PRICE IN USD TAX IN USD TOTAL IN USD
75.60 0.00 75.60 s: LIBRARY F\.AN CHARGES
7o.so T: TOTAL INVOICE AMOUNT
RETURN BOTTOM PORTION WITH PAYMENT • THANK YOU
INVOICE# R404522M ACCOUNT# V~OOR# 41-1426973 VAT REG# EU826006554 PAYMENT DUE 0710412019 AMOUNT DUE JH USD 75.60
AMOUNT 8-ICLDSED IN USD SHAWNEE COUNTY DISTRICT ATTORNEY Thomson Reuters - West SHAWNEE COUNTY COURTHOUSE Paymtnt Center 200 SE 7TH ST STE 214 P.O. Box 6292 TOPEKA KS 66603~933 Carol stream, IL 60197-5292
0840452284 0000000000000000000000 20190604 ZCMI 000007560 0010 1000589558 8 Invoice Dale II Invoice#
05/31/2019 11 194837 For Security. Forever. P.O. Box 1723 r·------.... Hu!dlimor1, KS 57504-1723 For illV'()ice questions Telepho~a # 62~2-6769 Fax# 620..652-81171 Far those being JCI'Vio»::: by our Mmlhattan &: Kansas City, Salina Email: UVS.Ao;::ounting@und9f!lroUOOI'ilult>.com locations: Contact Kathy Burroughs@ 620-662-6769 ext42011 Bill To EmBll- [email protected] Shawnee Ccunty District Attorney's Office Far those being serviced by our Wichita 1111d Hays locations: · ' 200 SE Seventh Street, #214 Contact Traci Brenden@ 7Ss.625-2lll ext2502 ' Topeka, KS 66603 Email- [email protected] ' ' '~------' ' Please return to rtion ofinvoice with ayment Amount Date of SeJVice Description Agreement# 47.00 05/03/2019 Shred Service: 4-64 gallon container(s) 286843 47.00 05/1012019 Shred Service: 4- 64 gallon conta.iner(s) 286888 47.00 05/1712019 Shred Service: 4- 64 gallon container(s) 286928 47.00 05/24/2019 Shred Service: 4- 64 gallon container(s) 286951 47.00 05/3112019 Shred Service: 4 - 64 gallon container( s) 287003
Certificate of Destruction Total $235.00 Docwnent Resources certifies that the documents or materials from the Agreement of Service cootract(s) referenced above (unless otherwise noted) are processed in accordance with the policies and procedures as set forth by the National Association oflnformation Destruction (NAID). Customer Total Balance s47o.oo verizon1 PO BOX 489 . ACcoont Number NEWARK, NJ 07101-0489
Change your addre9S at Invoice Number trHp:1 /sso.verizonenterprtse.oom
Quick Bill Summary ·May 02 ~ Jun 01 lnl•h''II•IIJpll,,,,,ni•IJI•I•III''''d'''''''''ull''•'h'll SHAWNEE COUNTY DlSTRlCT mmm - Previous Balance (see baCk for detslls) $1,067.24 ATTORNEY KSP 42 No Payment Received $.00 200 SE7TH STSTE 214 . . Balance Fomaitl Due lmmedlat8tJ $1,1]67.24 TOPEKA, KS 66603-3933 Monthly Charges $999.75 Usage and Purt:hass Charges Volce $.00 - Messaging $.00 Oala $.00 surcharges am:t Ol:tler Charges & credits - $54.89 ...• \lerfzoh Wireless !OliVif) • .• Taxes,-GoWmmenlal SUrcharges & Fees $12.60 · iutal Cunent Charges Due by June 23. 2019 $1,1]67.24 Now ~·s Easier To Get Help Online Oll" new online SUPPDrt experience Rvee you Ume b.y giving you acce!IS to the help Total Amount Due $2.134.48 you need when you need ll Sign In to get· personalized help tl'lars Spectnc: to yolf · biD, plan and ~ces. Vistl go.vzw.oom!Bupport
Our recorda lrKicate yow acoollll is past due. Pleafl8 send payment ooW to avaid service cbuption. _
verizon"" Bill Date JnM 01 ?010 · Account Number ln~oice Number 9831233997 SHAWNEE COUNTY DISTHICT ATTORNEY 200 SE 7TH ST STE 214 Total Amount Due TOPEKA, KS 66603-3933 Meke oheck payabiB to Verizon Wireless. $2 134 48 f'lease rell.rn tiE remH !lllp with paymefJL , • $0,000.00 P.O. BOX25505 LEHIGH VALLEY, PA 18002-5505 nllii•IJ•hilllillllltl•llll•lllllnlllllllnl•ll•llllllo•llh•i
9831233997010687088!520000100000106724000002134487 Invoice Date Invoice# 6n/2019 179059 2030 SW Fairlawn Rd Topeka, KS 66604 P: 785-272-7242 F: 785-272-1366 Email: [email protected]
Bill To Contact Shawnee County District Attorney Kathy Beach 200 SE 7th Street 7' Topeka, KS 66603
P.O.# Terms File Net 15 File
Amount Quantity Price Each Description 42.00 2 21.00 PSI 2264 Stamp- Red Clerk's Office Copy Return of Service
CLERK'~ OFFICE COPY RETURI OF SERVIC E
ESTSIDE ~·-
R GEIVED BY: edr Subtotal $42.00
Sales Tax (0,0%) $0.00
Total $42.00
Payments/Credits $0.00 Balance Due $42.00 B;. MEMORANDUM
TO: Board of County Commissioners FROM: Lea Dawn Welch, Court Administrator 3rd Judicial District L;i)\J DATE: June 10,2019
RE: Request to Pay Exceeded Remodeling Costs from Court Administration Budget
Please place this item on the next available BOCC Agenda for consideration and approval.
The Board of County Commissioners approved 2019 Capital Outlay funds of$237,376 for the remodeling of Courtrooms 300 and 311. The Guaranteed Maximum Price (GMP) v.ras $227,383, leaving a difference of$9,993. The Board of County Commissioners also approved an additional request to repurpose $9,993 plus any remaining contingency funds to be used to modify the judges' benches to accommodate today·s courtroom technology.
The purpose of this memorandum is to notify the Board that the total cost of the combined projects exceeded the approved 2019 Capital Outlay expenditure of$237,376 by $4,202. 71. Attached is Job Cost Summary for your review. With the consent of the Board of County Commissioners, these extra costs will be paid from the 2019 Court Administration operating budget.
Please feel free to contact me at (785) 251-6789 if you have any questions or need additional information. tTopeka: 785.266.4222 Olathe: 913,4Z2.5JBI3 Hanhalt;m: 785.340,3916 kbsc l. com
•0> ~P,~o~ie~clt ______S~h~o~w~"~ee County Courtroom 300 & 311 Remodel " ~• KBS Project # 18122 •0 c "
Project Cost Summary (5.15.191
Original GMP: $ 227,383.00 Additional Approved Capital Outlay Funds: $ 9 993.00 Total Approved Funds: $ 237,376.00
Original GMP: s 227,383.00 Contingency Overage (per summary below): $ 14195.71 Total Revised Contract Cost $ 241,578_71
Revised Contract Cost: $241,578.71 Approyed Euodjng: $ 237 376 00 Total Difference: $ 4,202.71
Contingency Summary (s.1s 191
Contractor's Contingency (Included within GMP). $19,193.00 Building Permit: < $ 2,516.71 > CR #1: < $ 424.00 > CR #3 (3 bench mods.): < $ 8,304.00 > *CR #5 /additional 8 bench mods.); < $ 22144.00,. Contingency Balance: < $14,195.71 >
Topeka: 1781 S.W. 41st St Topeka, KS 66689 Olathe: 14955 W. 117th St. Olathe, KS 666&2 Ma11hattan: 555 Poyntz Ave. Ste 259 Manhattan, KS 66592 c (. Shawnee County DEPARTMENT OF HUMAN RESOURCES Angela K. Lewis, Director 200 SE J'h, Room B-28 Topeka, Kansas 66603 Phone: (785) 251-4435 Fax (785) 251-4901, www.snco.us
MEMORAl\'DUM
TO: Board of County Commissioners
FROM: Angela K. Lewis, Director of Hrunan Resources
DATE: June 4, 2019
RE: 2019/2020 Willis Towers Watson Contract
Please place this item on the Thursday, June 20,2019, agenda for the regularly scheduled meeting of the Board of County Commissioners.
Please consider approval of the attached contract \Vith Willis Towers Watson. The current rate is $93,000.00 renewing on a year to year basis. There is no change to the contract plan or rates. The contract may be canceled by either party without cause by providing a sixty (60) day notice. Since 2009 Willis Towers Watson has provided consultation for compliance vrith Shawnee County's health and benefits management and serves as a strategic HR partner providing subject matter expertise, updates, and education.
Plea5e contact me at ext 4440 if you have any questions about this item.
Cc: Betty Greiner, Administrative Services Director James Crowl, County Counselor WillisTowersWatson lol'l'lol
Shawnee County, KS Willis of Gteater Kansas, Inc. 200 S.E. 7lh 5700 W. 112'" Stteet, Suite 100 Topeka, KS 66603 Overland Pack, KS 66211
Shawnee County Contract No. c'A.l'l- 2019
FEE AGREEMENT- HUMAN CAPITAL ACCOUNTS
This document records our mutual understancting regarding our professional .relationship and the senriccs we will provide to you. Shawnee County, KS and Willis of Greater Kansas, Inc. (''\i/illis Towers Watson'') agree as follows:
1.0 Services and Responsibilities
1.1 Subject to all other term~ and conditions of this Agreement, Willis Towet:s Watson shall provide the Services identified in Appendix A.
1.2 We ate committed to acting in yout best interests at all rimes in providing services to you.
1.3 The services we provide to you rely in significant part on the facts, information, and direction provided by you or your authorized representatives. Accordingly, you must provide us with complete and accurale infomJ.ation regarding your loss experience, risk exposures, changes in the analysis or scope of yout risk exposures, and any other information reasonably requited or requested by us or insurers. It is important to advise us of any changes in your business operations that may affect our servkes at yout insurance coverages. Therefore, all information which h m3terial to your coverage requirements or which might influence insurers 1ll deciding to accept your business, finali?.ing the tenns to apply and/or the cost of cotre.tage or pay a claim, must be disclosed. Failure to fully disclose such information might allow insurers to avoid liability for a particular claim or to void the policy. This duty of disclosttte applies equally ar renewal of your existing coverage and upon placement of nev;lines of coverage. Willis Towers Watson is not responsible for any consequences arising &om any delayed, inaccur-.o~.te or incomplete information.
1.4 At the time of binding, we review the fin:mcial. soundness of the insurers we recommend to provide your coverages based on publicly availitble informatiOn, including that produced by well-recognized rating agencies. Upon request, we will provide you with our analysis of such insurers. We do not guarantee or warrant the solvency of any lnsute.t or any intermediary that we may use to place your coverage.
1.5 You will make all final decisions relating to your insurance coverages, risk management, and loss control needs. We will procure the insurance coverage chosen by you, including the limits you choose. We will review all binders, policies and endorsements to confirm theit accmacy and conformity to negotiated specifications and your instructions. We will advise you of any errors in, or recommended changes to, such documents. You agree to also review all such documents and promptly advise us of any questions you have or of any document or provision which you believe may not be in accordance with your instructions.
HCr !'~~ Ag.eern~n: 5 Jan 2016 Page 1 of!! WillisTowersWatson lol'l'lol Your coverage is defined by the terms and conditions detailed in your insurance policies and endorsements.
1.6 In our capacity as employee bendits professionals, we do not provide legal or tax advice. We encourage you to :o:eek any such advice you want or need from competent leg..J counsel or tax professionals
2.0 Confidentiality
2.1 We trear information you provide us in the course of out ptofessional.telationship as confidential and use it only in perfonning services for you. \Y/e may share this info.rrnation with third parties to provide the services to you. \X/e may also disclose this information to the. r::xtent required to comply with applicable laws or regulations or the order of any court or rribunal By providing us with data, you represent that you ate fully authorized to possess that data and to provide it to us, and further that we are fully authorized to obtain, maintain, process and transfer such data in a commercially reasonablr mann~::r. '11/e have implemented and maintain commercially reasonable and appropriate security measures to protect sensitive information f.tom unauthorized use or disclosure. Records you provide us will remain your property and VJill be rettlmed to you upon rcque:;t. However, we v.illret:Un copies of such records to the extent required in the ordinary course of our business o:r by law. You will treat any information we provide to you, including data, recommendations, proposals, or reports, as confidential, and you will not disclose it to any third parties. You may disclose this information to the extent required to comply with applicable laws or regulations or the order of any court or tribunal. We retain the sole rights to all of our proprietary computer programs, systems, methods and procedures and to all files developed by us.
2.2 11Us Section intentionally left blank.
2.3 In the event that you or any of the benefit plans you sponsor need to enter into business associate agreements with Willis Towers Watson to satisfy the .tequirements of the Health Insurance Portability and Accounta.bilily Act, the regulations implementing that Act (the "Standards for Privacy oflndiv.idually Idennfiable Health Information," codified at 45 C.F.R. parts 160 and 164), o:r any other similar law, you agree to work with Willis Towers Watson to execute an agreement in compliance with these requirements.
3.0 Compensation and Disclosure
3.1 Fee: $93,000
This Fee is in addition to the ptetnium paid for insurance. If we receive any co:mmJ.ssions for the Coverages purchased by you through us as your insurance hrokers we will offset such commissions against the Fee to the fullest extent permitted by law. Ibe premium is payable in monthly installments c:ommencing the 1" day of June, 2019. We will account to you quarterly during the term of the Agreernenl and at the termination of the Agreement for all commissions received during the preceding quarter and shall adjust the amount of the Fee owing as required. Note: Any Worksite Voluntary Benefits (non-group) placed will include commissions that will be in addition to the fee and v:ill not offset said fee.
HCP Fe~ -~greement ~Jan 2016 Page 2 of 9 WillisTowersWatson 1.1'1'1,1 3.2 If Willis Towers Watson is compensated by co:tntnissions paid to us hy insurers, they will be eatned for the entite policy period at the time we place policies for you. We will be paid the comm.ission percentage stated for the placement of your insurance as indicated, and will receive the same commission percentage for all subsequent renewals of this policy unless we negotiate a different commission percentage with you.
3.3 Commission schedules and other compensation arrangements related to our services on your behalf may change over lime and may not always be congruent \V'ith your specific policy {Jetiod. Willis Towers Watson will provide you with accurate information to the best of our knowledge when information is presented to you, but iris possible that compensation arrangements may change over time_
3.4 Willis Towers Watson is an insnr:mcc producer hcensed to do business worldwide, including in all 50 states and the District of Columbia. Insutance producers ate authorized by their license to work with insurance purchasers and discuss the benefits and terms and conditions of insurance contracts; lo offer adv1ce concerning the substantive benefits of particular insurance contracts~ to sell insurance; and to obtain insurance for purchasers. The role of an insurance producer in any particular transaction involves one or more of these acl:lvities.
3.5 The compensation that will he paid to WJ.llis Towers Watson will vary based on the insurance con!:met it sdk Depending on the insurer and insurance contract you select, compensation may be paid by the insuter selling the insurance comract or by another third party. Such compensation may be contingent and may vary depending on a. number of factors, including the insurance contract and insurer you select and will be in addition to the Fee. In some cases, other factors such a.s the volume of business Willis Towers Watson provides to the insurer or the profitability of insurance contracts Willis Towers 'W'atson provides to the insurer also may affect compensation. Willis Towers Watson may accept this compensation in locations where it is legally permissible, and meets standards and controls to address conflicts of interest. Because insurers account for contingent payments when developing general pricing, the price you pay for your policies is not affected whether Willis Towers Watson accepts contingent payments or not. If you prefer that we not accept contingent compensation related to your policy, we will request that your insurer(s) exclude your business from their contingent payment calculations.
3.6 Upon .tequest, Willis Towers Watson will provide you with additional information about the compensation Willis Towers Watson expects to recdve based in whole o.t in part on your purchase of insurance, and (if applicable) the; compensation expected to be received based in whole or in part on any alternative quote~ presented to you.
3.7 You may use a third party administrator, utilization review firm or other ~imilar service provider 1n connection with the insurance coverages we place for you or the services we provide to you. If you elect to use a service provider from which we or our corporate patents, subsidiaries or affiliates will receive any compensation directly or .indirectly relating to the services you purchase from the provider, we will disclose additional information regarding that compensation to you Lefore you make a final dec1sion to use the service provider.
HCP l'a Agr~=nt 5 Jan 20!6 Page3of9 WillisTowersWatson 1.1'1'1.1 3.8 \Xi'illis Towers Watson may place your insurance with members of a panel of insurers. Willis Towers \Xi'atson develops panels of insurers in certain market segments. Participating insurers ate .reviewed on a varit:ty of factors. Commission rates on panel placements may be higher than rates paid on business placed outside of the panel process. Willis Towers Watson discloses its commission rates to clients on quotes obtained thtough the panel process prior to binding the coverage. In some instances, i11surers pay an adn1lnistration fee to participate in the panel process or for additional reporting.
3.9 Some of our corporate parents, subsidiaries or affiliates are reinsurance brokers that provide reinsutance brokerage services to their insurance carrier clients. Their clients compensate d1em for those reinsurance brokerage scrvices. Some of their insurance carrier clients may happen to be insurance carriers with whom we place your insurance coverages. The services we provide you and the reinsw:ance services ow: reinsurance affiliates p.tovide their clients are sepru:ate and any compensation they may earn for the services they provide their client.~ arc separate from and in addition w the compensation we earn. for the services we provide you under this A greemem.
3.10 As an insurance intermediary, we normally act for you. However, for snmt: insurance products, we or out corporate parenL~, subsidiaries or affiliaLt::s may provide services to insurers. These services may include (a) acting as a managing general agent, program manager or in other similar capacities which give us binding authority enabling us to accept business on their behalf and immediately provide coverage for a risk; (b) arranging lineslips or similar facililie~ which enable an insurer to bind business for itself and other insurers; or (c) managing lineslips for insurers. Contracts with these insurers may grant us certain right." or create certain obligations regarding the marketing of insurance products provided by the insurers. We may place your insurance business unde.t such a managing general agent's agreement, binding authority, lineslip or similar facility when we reasonably consider that these match your imurance requirements/instmctions. When we intend to do so, we shall infonn you and disclose the compensation payable to Willis Towers Watson in connection with the placement of che insurance coverage.
3.11 Subsidiaries of Willis North America Inc. are members of a majot inte.tnational group of companies. Tn addition to the commissions received by us from insurers for placement of your insurance coverages, other parties, such as excess and surplus lines brokers, wholesale brokers, reinsurance intennediaries, underwriting managers and similar parties (some of which tmy be owned in whole or in part by our corporate parents or affiliates), may earn and retain usual and customary corrunissions for their role in providing insurance products or services to you under their separate contracts Vli.th insurers ot remsurers .
.1.12 The insurance market is complex, and there could be oilier relationships which are not desu:ibed in !:hi:; document which might create conflicts of interest. If a conflict arises for which there is no practicable way of complying with this corrunitment, we will promptly inform you and "Withdraw from the engagement, unless you wish us to continue to provide the services and "Will provide your written consent. Please let us know in writing if you have concerns or we will assume that you understand and consent to our pro·viding our services pursuant to these terms.
HCP Fee Agrt:<'mtnt 5 Jan 2016 Page 4 of9 WillisTowersWatson lol'l'lol 3.13 Our compensation for the service~ Jnes nuL include federal, state and local sales, use, excise, receipts, gross income and other sirnil:.u- taxes or governmental charges which may be imposed. You are responsible for paymg any such taxes or chatges (except for taxes nnposed on the net income of Willis Towers \Xlatso:n) now imposed or becoming effective during the Tr::rm. Tn addition to the premium and oUL compensation, \\Tillis Towers Watson may invoice you for any federal, state and local sales, use, excise or other si.tn.ilat taxes, unless you provide us with a valid tax exemption acceptable to us.
3.14 We reserve the right tu pass through to you any mutually agreed reasonable costs related to the printmg of yout employee cotnrnunications material, WillisMed data scrubbing, or other out·of-pocket expenses.
4.0 Premium/Handling of Funds
4.1 You v-ill provide immediately available funds for payment of premiums by the payment dates specified in the insurance polir:ics, invoices or other payment documents. Failure to pay premium on time may prcvcnt coverage from inc~::pting or result in cancellation of coverage by the insurer. We are not responsible for any consequences arising from any delay or fuilute by you to pay the amount due by the indicated date.
4.2 In certain instances and where explicitly agreed upon in advance, \Villis Towe:rs Watson may collect insurance premium from you and remit the premium to the appropriate insurance company or intermediary. In doing so, we may also receive and retain interest on premiums you pay from the date we receive the funds until we pay them to the insurers or their intermediaries, or until we return them Lo you.
4.3 The Foreign Account Tax Compliance Act (FATCA) is a U.S. law aimed at foreign fmancia.l institutions and other financial intermediaries (including insurance companies and intermedianes such as brokers) to prevent tax evasion by U.S. citizens and residents through offshore accounts. FATCA only apphes if you are a U.S. company or individual or a non US company paying prenuum through a U.S. insurance broker to a non-U.S. msurer. In ordP.t to comply with FATCA, insurance companies and intermediaries must meet certain legal requirements. Insurance plar.ed wirh an insurance company that is not FATCA compliant may result i.n a 30% v:ithholding tax on your premium. Where FATCA is applicable to you, .in order to avoid this withholding tax, Willis Towers ~'atson will only place your insurance v. .rilh F ATCA-wmpliant insurers and intermediaries for which no ·withholding is requited unless you instruct us to do otherwise anJ provide your advance Vlritten authorization to do so. If you do instruct Willis Towers Watson to place your insurance with a non-FATCA compliant insurer or intermediary, you may have to pay an additional amount equivalent to 30% of the premium covering U.S. -sourced risks to cover the withholding tax. If you instmct us to place your insurance with a non-FATCA compliant insurer but you do not agree Lu pay the additional 30% withholding if required, we will not place your insurance with such insurer. Please consult your tax adviser for full details of FATCA
HCI' Fee AgreementS Jon 2016 Page 5 c£9 WillisTowersWatson lol'l'lol 5.0 Term and Termination
5.1 'The lilitial term of this Agreement shall be from June 1, 2019 to June 1, 2020. Thereafter, this Agreement shall automatically renew for successive renewal terms under the same terms and conditions as the initial term unless either party provides the other with written notice of notuenewal atlt:ast sixty (60) days prior to the end of the initial term or of any renewal term. (Ibe initial term and any subsequent tem1 shall be referred to in this Agreement collectively as the "Term".)
5.3 Our obligation to render the Services under this agreement ceases at the end of the Tertn or on termination of the Agreement, whichever is sooner. Nevertheless, we will take reasonable steps to assist in the orderly transition of matters to you or to a new insurance broker which you designate. Claims and premium or other issues may arise after our relationship ends. Such items are normally handled by the insurance broker or consultant serving you at the time the claim or other issue arises. However, we will consider providing services in these areas after the Term or tennination of this Agreement for mutually agreed additional compensation.
6.0 Othet Provisions
6.1 We do not tolerate Wleth.ical behavior either in our own activities or in those with whom we seek to do business. We will comply with all applicable laws, regulations, and rules.
6.2 In certain circumstances, the United States and other countries prohibit at restrict companies from conducting business in certain jurisdictions or with certain individuals ot entities and can fine or otherwise penalize companies who condud sud1 business. The way these sanctions programs may affect a given insUl".mce tnmsaction depends on a number of complex factors including your ownership structure, control, location, and the nationality of your employees. We cannot advise you or insute.ts on the applicability of SMJ.ctions ptograros nor can we guarantee or otherwise ~-arrant the position of any insurer under existing or future sanctions programs. You should seck legal affi-ice on the potential applicability of s;mctions as you deem appropriate. We will comply with all applicable sanctions programs and, where required by bw, may take certain actions, lncluJing free:ling fimds hdd un behalf of parties and individuals covered by applicable sanctions.
6.3 Willis Towers \Xlatson owns and retains all right, title, and interest in and to the following Willis T owets Watson Property: (i) all software, hardware, technology, documentation, and infonnation provided by Willis Towers Watson in connection 'With the Claim and Risk Control Services; (ii) all ideas, know-how, methodology, models and techniques that may be dev-eloped, conceived, or invented by Willis Towers Watson during ils performance under this Agreement; and (ill) all worldwide patent, copyright, trade sectet, trademark and other intellectual property rights in and to the propeity described in clauses (i) and (li) above. We expressly reserve all rights in the Willis Towers Watson Property.
6.4 During the term of this agreement and for a reasonable period thereafter, you may audit the records and accounts of~'illis Towers \Xlatson related lo this ag1=eement, at your expense. You agrer; to give us reasonable advance written notice of any audit and to conduct
HCP F~~ Agoctrnent 5 Jon 2016 Page6of9 WillisTowersWatson lol'l'lol the audit during normal business hours in a manner which is not unduly dismptive to our ongoing business.
6.5 We abrree to communicate Vlith each other from time to time by clcctmnic mail, sometimes attaching further electronic data. Ry com;r::nting to this method of communication you and we accepl the inherent risks (including the security risks of interception of or unauthorized access to such communications, the risks of corruption of such communications and the risks of viruses or other harmful dev-ices). We each agree, however, to employ reasonable virus checking procedures on our computer systems, and to check all clecrronir: communications received for viruses. You will also check that messages n.:cdvcd arc complete. Tn the event of a dispute neither of us will challenge the le.gal evidentlary standing of an electronic document, and the Willis Towers \Vatson system is deemed the definitive record of electronic communications and documentation.
6.6 Please note that our system blocks certain file extensions for security .reasons, including, but not limited to, .rat, .text, .vbs, .mpeg, .mp3, .cmd, .cpl, .wav, .exe, .bat, .set, .mpg, .avi, .com, .pif, .wma, .mpa, .mpg, .jpeg. Emails with such files attached will not get through to us; and no message "Will be sent to tell you they have been blocked. If you intend to send us emails with attachments, please verify with us in advance that our system will accept the proposed form of attachment.
6.7 The Section headings indUs Agreement ate fo.t convenience only and ate not intended to define or limit the scope of the contents of such paragraphs. This Agreement may be executed in its original vetsion or in any copy, counterpart, o.t othet duplicate.
6.8 This Agreement supersedes any and all prior agreements bdween us regarding the insurance coverages and the services provided.
6.9 The provisions of this agreement a:re severable and, in the event any provision or portion of any provision is const11.1ed by any conrt of competent jurisdiction to be invalid, the same shall not invalidate any other provi~ion of this agreement or the remainder of the enforceable po.ttion of the provision.
6.10 This Agreement is governed by and construed 1n accordance with the laws of the state oflPage7of9 WillisTowersWatson 1.1'1'1,1
7.0 Questions
7_1 If you have questions, please inform your Willis Towers 'JI'al~on representative or call the head of out office, Spencet Fields at 913-344-2545. You may also calll-866-704- 5115, the toll-free number which \V'illis Towers Watson has established for client feedback
Shawnee County, KS Willis of Greater Kansas, Inc.
Byo By: Denise L. Mi11s 'fitle: Tide: Senior Vice President Date: Date: May 1, 2019
to Legalll)t • ®·.COUNSELOR
HCP Fe. Agoeomcnt 5 Jan 201(1 P•geSofAPPENDIX A
~Willis Towers Watson Health & Benefits Scope of Services
County of Shawnee 2019
...
~.
WillisTowersWatson 1.1 1 1'1•1 1 Willis Towers Watson Health & Benefits Scope of Services
As your benefits advisor, we work to help you establish a comprehensive strategy for your programs. Once a strategy is determined, we develop a detailed action plan to assist with your needs. Along the way, we continually review perfonnance to ensure your organization's goals are met. \M1ile aU decisions regarding your benefit programs remain up to you, you can expect Willis Towers Watson to support your organization with the following activities, where appropriate. Note that based on client specific plans and strategies, not all services are warranted every year.
Included In Scope
Annual Strategy Meeting Strategy session to review business objectives and key priority issues to develop a multi-year strategy.
Annual Service Plan Create and deliver a service plan to reflect agreed upon projects, including assigned accountabilities and timeframes.
Market Trends and Updates Provide updates on mariResource Coordination (SME.s, Solutions) Coordinate appropriate Willis Towers Watson resources to support projects identified in strategic plan.
Benchmarking Resources INillis Towers Watson proprietary and other available industry source benchmarking on plan design, cost and prevalence data. Financial Performance Analysis Report- Quarterly Provide a quarterly Financial Performance Analysis Report, to include paid claims by month and plan, a summary of large claims activity, and preliminary renewal projections (provided expeti6nce !8porting is available from carrier).
Discount I Disruption Analysis Using carrier data, assess potential impact to discounts and provider disruption of carrier change.
Renewal Strategy Conduct a "Pre-Renewal Strategy Meeting" to discuss objectives, expected financial impacts, and desired outcomes from renewal negotiations.
WillisTowersWatson 1.1 111 1al 2 Willis Towers Watson Health & Benefits Scope of Services
I Included In Brokerage & Advisory Services Scope
Marketing & Placement Activities Analyze and challenge incumbent renewal Assist with incumbent canierlvendor negotiations Collect required client population data and benefit information Develop RFP Recommend carrier/vendor marketplaces Distribute RFP and manage procurement process Analyze responses Present responses to client Provide recommendations on finalist(s) Assist in negotiations wijh winning carriers/vendors
Placement of Coverage Provide recommendations on canierslvendors best suited to meet plan goals and objectives (Client makes all decisions regarding the vendors they retain).
Contract Review - Non-legal \Nnen requested, provide a non-legal review of terms you agree upon with benefits vendors, to help ensure the agreement meets your benefits needs.
Stop Loss Coverage Evaluation of Stop Loss market options, including access to the Willis Towers Watson panel of Stop Loss Insurers for preferred terms, conditions and rates.
Plan Design Scenarios Develop and present alternative plan options wijh associated financial and member impact analysis, as necessary to meet business objectives. Model rates for up to three different plan designs.
Renewal Projection I Underwriting Calculations Review renewal methodology, experience data, and assumptions against trend analysis for accuracy and logic.
,: }_ Employer Contribution Strategy Provide up to three versions of contribution modeling (employee/employer) based on enrollment and financial targets.
Implementation Support Implementation Support as needed for new carriers and programs: Facilitate calls between carrier, client and technology vendor and manage adherence to the project schedule.
Communication Planning Review current communication strategy and discuss options, taking into consideration program goals and budget requirements.
Communication Templates Provide access to our library of templated and pre-formatted communications.
Bralnshark One online recorded presentation for Open Enrollment.
WillisTowersWatson 1.1 1111.1 3 Willis Towers Watson Health & Benefits Scope of Services
Included In & Brokerage Advisory Services Scope Virtual OE Meetings Virtual OE meeting support: INTWto lead two Open Enrollment meetings conducted via your online conferencing platform. Filing Center Services Annually prepared signature-ready 5500s and Summary Annual Reports (SAR). Delinquent filings (DFVC Program) and those requiring amended returns may carry an additional fee.
Day- to-Day Service and General Client Inquiries Provide day-to-day service by answering general client inquiries regarding plan administration, including plan y" provisions and other questions related to the benefit programs. Escalated Claims Resolution Ad as an advocate in the resolution of escalated service and/or claims issues when requested to do so and properly authorized. Vendor Management Facilitate productive relationships with carriers and vendors, ensuring adherence to SLAs and contractual terms and maintaining relationships with the vendor's management to maintain quality team performance, including facilitating a vendor change when needed. General Project Management Project Management support for ongoing initiatives supported by your \Mil is Towers Watson Health & Benefits Team: Open Items calls, project plans and other tools to keep projects moving. Employer Guides, Required Notices Access to toolkits, guidance and support around required notices for distribution to your employee population. The HR Trove Diamond Membership A \MIIis Towers Watson client portal providing access to \MIIis Towers Watson's intellectual capital including employer guides, templates, toolkits, FAQs and other forms and information.
WillisTowersWa1son 1.1•1•1.1 4 Willis Towers Watson Health & Benefits Scope of Services
\MIIis Towers W atson has industry leading solutions and services available to meet yo ur organizational needs. W llis Towers Watson also has Subject Matter Expertise in key areas to support your organization. Additional services configured in your scope of services will be reflective below , if selected.
Wllis Towers W atson Subject Matter Experts are located throughout the United States, specializing in the following areas: • H&B Compliance• • Communication
• Health Management • HR Consulting (HR Partner)
Selected Additional Services Available Service
1
A key component of the Subject Matter Expert role is to stay abreast of the latest trends and issues that Impact organizations today. As a Willis Towers Watson client, you are None eligible to receive the latest information through a variety of formats, Including electronic newsletters, seminars and webcasts.
Gap Assessments
As part of our Gap Assessment process, clients can complete a set of discovery questions and receive a comprehensive report that includes recommendations for None change. Based on the specific review you complete, our Subject Matter Experts wiU analyze your results and discuss appropriate action steps. Employer Guides and Tools
Covering a myriad of topics, our Employer Guides compile information on regulations, best practices and benchmarking in an effort to provide guidance around specific issues None impacting our clients. These guides are accompanied by tools, as well as sample policies and checklists to help develop, implement, evaluate and administer your programs.
• Your local CI/4M &
Towers Watson Is not a low firm or an accounting firm and cannot provfde you with sny ~Qsl or tax advico. H&B Compliance Is C(JmpriJed or Individuals with speclallzM employee benents experience. including several lfcoMod attomoys a net pareprofess/on./s; however, they are not acting"" your attorneys. They do pro vida your client sotvice team with up.to.J. If you desire legal or /l!K adVice, or if your speci/ie situation reqvl~ It you sh<>uld C(Jnsull with etrornoys or to>r edvisot>J ol yevr own choWillisTowers Watson lal 1111•1 5 Willis Towers Watson Health & Benefits Scope of Services
\Nillis Towers Watson's fees are based on the volume of anticipated work included in the standard scope of services previously outlined in this proposal. We are flexible in the manner in which we are compensated and will accept compensation in the form of commission, fee or a combination thereof. Because of the varying ways in which we can be compensated, we have outlined our compensation requirements below:
Service Summary Pricing
Core Brokerage & Advisory Services $93,000.00
Total of Optional Services Selected $0.00
WillisTowersWatson 1.1'11 1•1 6 Shawnee I c;ounty ""', r,; P.arKs+ ~ recreation
June 6, 2019
TO: Board of Commissioners Shawnee Cmmty
FROM: John E. Knight, DireRE: Kansas Correctional Industries - Award Bid/Agreement Park Operations Division
Purpose: Board of Commissioners consideration to award the bid and execute the attached agreement between Kansas Correctional Industries (KCI) and Parks + Recreation for the Portable Toilet Enclosures Project. KCI wi11 provide products per their response to requirements for request for proposal Q#Ol9-19. The project is funded from operating funds ($20,410.00) and the Westlawn Cemetery Fund ($3,090).
Justification-: Parks + Recreation requested proposals for the project which was approved by the Board of Commissioners on January 7, 2019. The scope of the project included manufacture and delivery of portable toilet enclosures with five being ADA compatible. KCI was the single response as shmvn below.
ADA Enclosures (5) Enclosures (2) Total KCI $17,500.00 $6,000.00 $13,500.00
Department staff reviewed the proposal and recommends KCI based on being the most responsive bidder.
JEK!blt JM Attachments
parks;snco.us
• 3137 SE 29th Street • Topeka, KS 66605 • (785) 251·6800 SHAWNEE COUNTY CONTRACT NO. C :l~3-2G19
AGREEMENT FOR PURCHASE OF GooDS
THIS AGREEMENT is between THE BOARD OF CoUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and KANSAS CORRECTIONAL INDUSTRIES (Contractor).
1. GOODS TO BE DELIVERED
Contractor agrees to provide the following goods to County in accordance with the speCifications listed on attachment "A" (Enclosure for port-a~pot structures)
Item# Item Description Unit Price Quantity Total
Port~a~pot structure 3,000.00 2 $6,000.00 ADA Port-a-pot structure 3,500,00 5 $17,500.00
-· . 2. PRiCING The pricing stated herein shall remain fixed from JlUle 27, 2019, through December 20, 2019. Thereafter, Contractor shall notify the County of any changes in Qricing prior to
taking addition•! orders. KO: u~ .#Us priWtj 'rs or'll'/tllr tie 5e.;!n
o.looce 1'<\>~d. "'"its.
3. DEUVERY AND PAYMENT Contractor will arrange for delivery through a carrier chosen by Contractor, the costs of which shall be· borne by Contractor and indnded In the pricing stated herein. Delivery shall be made on or before De.c.. a~:>.,.ll ~ Contractor shall invoice County upon and for each shipment. County shall pay all charges within 30 calendar days of receiving an invoice.
I 4. RISK OF LOSS & EXfENSES ASSOClATEp WITH J'ROVlDlNG GOODS The risk of loss from any casualty to the Goods, regardless of the cause, will be the responsibility of the Contractor until the Goods have been received by the County. Contractor shall be responsible for all expenses incurred while providing goods under this Agreement. This includes materials; freight; equipment; supplies; telephone expenses; automobile and other travel expenses; meals and entertainment; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to complete the work under this Agreement.
5, WARRANTY Contractor warrants that the goods sold. hereunder al'e new and free from substantive defects in workmanship and materials. Contractor's liability under the foregoing wamm.ty is limited to replacement of goods or repair of defects or refund of the purchase price at Contractor's sole option.
6. 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.
7. ACCEPTANCE
County will have the right to inspect the goods upon receipt, and within 7 calendar days after delivery, County must give notice to Contractor of any claim for damages on account of condition, quality, or grade of the goods. Contractor shall replace or fully refund defective goods within 7 calendar days of receiving such notice.
8•... INJ)EMNIFICATION AN]) HOLD HARMLESS
Contractor shaH-- save, hold hannless, and · indenmif:y ·-County, its officers, agents and . employees, from and against all claims, ce.uses 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 this Agreement which is the result of any acts or omissions, whether negligent or otherwise. of Contractor, its officeis, agents, subcontractors OL' employ~s.
9. INSURANCE
The County shall not be required to purchase, any insurance ag!linst loss or damage to any personal· property to which dds contra~t 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 pmperty to which Contractor holds title.
2 10. 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 perfmmed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current flscal year. County agroes to give written notice oftennination 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.
lt. ANTI-DISCRIMINATION CLAUSE.
The Contractor agrees; (a) to comply with tho 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. 44 103 t and K.S.A. 44-1116; (d) to include tho3e 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 deOOrmines 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.
This contract shall not be considered accepted1 approved or otherwise effective until the 1·equired approvals and certifications have been given and this is signed by the Board of County Commissioners of the County of Shawnee, Kansas.
13. ARillTMTION, DAMAGES, WARRANTIES.
No interpretation shall be allowed to flnd 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 beyond any such fees that are expressly stated and agreed to herein; and no provisions wiU be given effect which attempts to ~cludt;. modify, disclaim or otherwise attempt to limit implied warranties of mercharrtabiHty and fitness for a particular purpose.
14. REl'RESENTATIVE'S AUTHORITY TO CONTIIACT.
3 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.
15. TERMINATION OF AGREEMENT
This Agreement may be t1mninated 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 fuan 7 calendar days from the date of maillng the notice. Notice shall be deemed received 3 days aftet• mailing in the United States mail, using first class mail, postage prepaid.
Contractor may, without liability, delay perfonnance or cancel this Contract on account of force majew'C events or other circumstances beyond its control, including, but not limited to, strikes, acts of God, political unrest, embargo, failure of source of supply, or casualty. Contractor will provide County witb prompt notice of any such event.
16. 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.
17. MISCELLANEOUS PROVISIONS
a. This Agr~en,t shalJ be ent~req ,into in Shawne~ ~nqnty, ~ansas, ~shall be construed and interpreted according to the law of the State of Kansas. b. All notices and other communications in connection with this Agreetnent 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, Contractot• shall comply with all federal, state and local laws requiring business petmits, certificates and licenses required to perform this Agreement. d. Contractor may not assign any rights or obligations under this Agreement without County1s prior written approval. e. This Agreement constitutes the entire agreement between the parties and may only be modified or extended by a written amendment signed by the parties hereto.
4 ' .
f. The invalidity~ illegality. or unenforeeability 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 pottion or provision of this Agreement Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be constnred and enforced as if this Agreement did not contain the particular portion or provision held to be void. g. Nothing in this Agreement shall be constmed to give any rights or benefits to anyone other than County and Contractor.
IN WITNESS WHEREOF, County and Contractor have executed this Agreement.
COUNTY BOARD OF COUNTY COMMISSIONERS SBAWNEE COUNTY, KANSAS
Robett E. Archer, Chair
Date:------ATTEST:
Cynthia A. Beck, Shawnee County Clerk
CONTRACTOR KANSASCORRECTIONALINDUSTRIES
By; Debra Gillesple
Title: Sales Representative
Dato: _ __,.to.,_- -=U>=---~lq...:.. _·· ____ _
Approved .. to ~ and Form: Date C - 1 • <;
ASSt CO. COUN R 5 A ,an1- A
__...-· /
82W X 113H X 820 APPROX.WEIGHT 942 LBS
COPY FORAPPROVAL ONLY NOT FORPRODUCTION
-----" -~ . - - - ~:<-1
.-.~- D;;,-
Shawnee 1~ounty "-' , rf; P.arKs+ -!. recreation
June 7, 2019
TO: Board of Commissioners Shawnee County
FROM: John E. Knight, Diretfo?'C," JV Parks+ Recreation V vp-
RE: Fantasy Falls & Water Gardens- Award Bid/Agreement Park Operations Division
Pwpose: Board of Commissioners consideration to award the bid and execute the attached agreement between Fantasy Fal1s & Water Gardens and Parks+ Recreation for the Ted Ensley Garden pond repair project. The selected vendor will provide all equipment, installation and labor per Request for Proposal Q#048-19. The project total ($16,845.00) is funded by Capital Maintenance (3R) Funds.
Justification: Parks + Recreation sent out a Request for Proposals for the project which was approved by the Board of Commissioners on May 6, 2019. The scope of the project is included on the attached RFP but summarized as repair and replacement of pump and waterfall flow in Ted Ensley Gardens at Lake Shawnee. The three (3) responses are shown below.
Pond Repairs Pump Total Bid Topeka Landscape $16,500.00 $4,800 $21,300.00 Nature's Image Aquatic Design $32,099.30 $1,502.00 $33,601.30 Fantasy Falls & Water Gardens $13,610.00 $3,235.00 $16,845.00
Department staff reviewed the proposals and Fantasy Falls & Water Gardens met all requirements and is the most responsive lowest bidder and thus recommended for this project.
JEK!blt JM Attachment(s)
parks.snco.us
• 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-6800 SHAWNEE COUNTY CONTRACT NO. C ~"!t -2019
INDEPENDENT CONTRACTOR AGREEMENT FoR GOODS AND SERVICES
THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and FANTASY FALLS & WATER GARDENS (Contractor).
1. GOODS AND SERVICES TO BE PROVIDED
Contractor agrees to provide the following goods and services to the County in accordance with the tenns and specifications of Shawnee County RFP# 048-19 (Attached as "A" and incorporated herein by reference). All goods and services are to be provided in accordance with the Contractor's response to Shawnee County RFP#048-19 (Attached as "B" and incorporated herein by reference):
Provide supplies, equipment and labor for improvements to be made to the ponds in the Ted Ensley Garden at Lake Shawnee.
This Agreement shall conunence on July 8th , 2019, and shall end on August 5, 2019, - -- unless this Agreement is tenninated sooner or extended in accordance with its tenns.
2. PAYMENT
In consideration of the goods and services to be provided by Contractor, Collllty agrees to pay Contractor as follows:
Goods and Services to Details Compensation be Provided
Provide supplies, All goods and services to be provided in Equipment and equipment and labor for accordance with the te1ms and Services paid improvements in the Ted specifications of Shawnee County RFP# upon Ensley Garden at Lake 048-19 (Attached as "A" incorporated submission of Shawnee. herein by reference). invoice(s).
All goods and services are to be provided in Not to exceed accordance with the Contractor's response $16,845.00 to Shawnee County RFP#048-19 (Attached as "B" and incorporated herein by reference).
Unless otherwise provided herein, Contractor shall be responsible for all expenses incurred while perfmming under this Agreement. This includes equipment; delivery chw:ges; supplies; telephone expenses; automobile and other b:avel expenses; meals and entertainment; insurance premiums; and all salary, expenses and other compensation paid
1 to Contractoes employees or contract peisonnel Contractor hires to perfonn 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 govemmental charges shall be paid by Contractor and are Contractor 1s responsibjlity.
5. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION
Contractor is an independent Contractor, not a County employee. ConU-actor's employees or contract personnel are not County employees. Contractor and County agree to the follo\lving rights consistent with an independent Contractor relationship: a. Contractor has the right to perform services for others dlll'ing 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 ColUlty premises, and Contractor has the right to perfmm the services required by this Agreement at any place, location Ol' 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 empluyees or contract personnel shall perf01m the services required by this Agreement and Contractor ag~:ees 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 Contractm's employees or contract personnel shall receive any training from County in the skills necessary to perform the services required by this Agreement. h. County shall not require Contractor or ContractmJs employees or contact personnel to devote full time to performing the services required by this Agreement. Further, Contractor hereby certifies:
2 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 insm·ance, retirement benefits, unemployment benefits, and liability or worker's compensation insmance. 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 secmity payments applicable to money received for services herein provided. Contractor understands that an IRS Form I 099 will be filed by the County for all payments received.
6. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall save, hold hannless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenst::S and costs, including reasonable attorneys' fees, for injury of any peison or damage to propmty arising out of, or connected with, work perfonned 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 pl'OpCJ.iy to which this contt·act 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 Contxactor shall bear the risk of any loss or damage to any personaJ 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, dat~ and drawings produced by Contractor as a result of this Agreement.
9. TERMINATION DUE TO LACK OF FUNDING APPROPRlATION.
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 perfmmed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal yeru:. County agrees to give mitten notice of termination to Contractor at least thirty (30) days prior to fue end of its cuiTent fiscal year. The tennination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the Contractor.
10. ANTI-DISCRlMINATION CLAUSE.
3 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 repor1ing requirements set out in K.S.A. 44 1031 and KS.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 repm1ing 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 detemllnes that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occw·s, the contract may be cancelled, terminated or suspended in whole or in part by the County. Patties to fuis contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a ContJ:actor 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 ce1tifications 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 patticular 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
This Agreement may be teJ.minated 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 pe1formed up to the date of receipt of notice shall be
4 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 fu·st 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 Authol'ization 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 vendot' accounts with financial institutions. AU 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 constmed and interpreted according to the law of the State of Kansas. b. All notices and other communications in cormection with this Agreement shall be in writing and shall be considered given 3 days after mailing in the United States Iri.ail, using first class mail, postage prepaid, to the recipient's add.l'ess as stated in this Agreement. c. Contractor shall comply with all federal, state and local laws requiring business pe1mits, ceJ.tificates and licenses required to carry out this Agreement. d. Contractor may not assign any rights or obligations under this Agreement without County's prior -v,rritten approval. e. This Agreement, along with the Shawnee Com1ty RFP and any other document specifically referenced in pamgraphs 1 and/o1· 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 betw"een 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 tmenforceability of any provision of this Agreement or the occurrence of any event rendering any portion m· provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. AJJ.y void provision shall be deemed severed :fi:om this Agreement, and the balance of this Agl'eement shall be constmed and enforced as if this Agreement did not contain the particular portion or provision held to be void. g. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than County and Contractor.
IN WITNESS WHEREOF, County and Contractor have executed this Agreement,
5 COUNTY BOARD OF COUNTY COMMISSIONERS SIIAWNEE COUNTY, KANSAS
Robert E. Archer, Chllir Dare: ______
A TrEST:
Cynthia A. Beck, Shawnee County Clerk
CONTRACTOR-Fantasy Falls & Water Gardens
Printed Name: Adam Tooker
Address: P.O. Box 101 Grantville, KS 66429 Dare: J"' '"'-' Ur'- ;2(}/2
Approved as to Legality and Form: Date ':·r'1td ASST. CO. COUNS OR
6 Attachment A REQUEST FOR QUOTATION SUBMIT BID TO PURCHASING DIVISION SHAWNEE COUNTY COURTHOUSE Room201 Topeka, Kansas 66603 ,. ,.. QUOTATION NO. 048-19 ·• VENDORr;i.,\._~, l?.l!s '1- I4Jv (,6,.1...• , DATE MAILED 05-09-19 ADDRESS po,~)<.(Oi loc..,,,dl.1 1<1' I..W2.'j CLOSING 2:00P.M 05-22-19 PHONE '1iiS" -3"1'3 -wt
THIS IS NOT AN ORDER
1. In communications, always refer to the above quotation ntunber. 2. In order to receive consideration, one copy of this request for quotation with your bid properly filled in must be signed and returned by the specified closing date. 3. All prices and conditions must be shown. Additions or conditions not shown on this bid will not be allowed. 4. Shavmee County reserves the right to accept or reject any part of, or all of. any bid or proposal. 5. All prices quoted are to be1essFederalExcise Tax and Kansas Sales Tax. 6. Failure to respo_nd to RFP may result in termination of future mailings. 7. Price quoted shall remain finn for thirty (30) days after bid closing date.
ITEM AND DESCRIPTION
Shawnee County is soliciting sealed bids for Ted Ensley Gardens Pond repairs services per the follo'Wing minimum specifications.
Bid results will not be given over the telephone. Results may be obtained by attending the public bid opening or by sending a self addressed stamped envelope to the Purchasing Division with your request for bid tabulation. Bid results will be posted on our website at our earliest convenience. W'NW.snco.us/purchasinglbid_results.asp
NOTE: If your company resides in a locale which has a local preference law, please state what that preference is f/d/1£ . If there is no preference in your locale please answer by stating NONE. F AlLURE TO RESPOND TO THIS PART OF THE SPECIFICATION MAY RESULT INREIECTIONOFYOURBID.
NONDISCRIM!NATION: 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 end 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.
PAGEl Quotation No. 048-19 Date Mailed 05-09-19 Closing 2:00PM 05-22-19
AU bids received on or before the specified bid closing time and date shall be publicly openedl read aloud and properly recorded on the bid tabulation sheet. Subsequent to the bid opening, all bids shall be thoroughly evaluated and a detertn.ination made as to their compliance \\lith applicable specifications. The appropriate County department heads 8lld the architect or engineer as applicable shall make this determination jointly. Upon completion of the above detennination, an analysis of all bids submitted shalrbe prepared and formally presented to the Board of County Commissioners for acceptance and approval of the lowest and/or best bid. The Board of County Conwrissioners reserves the right to accept or reject any and/or all bids apd to waive any irregularities or informalities therein. If additional information is required, please contact Traci Podlena,. Horticulturalist at 785-251-6827 or at [email protected]
Michele Hausha~asing Specialist
SHOWTERMS ,.,/,A '30 • DELIVERY WILL BE MADE F.O.B. ! SIGNED jJl PRINTED NAME _ "'(u.Jif- TITLE t}w01 C PHONE NO. 1f§· 593-JfR( FAX. ______
EMAIL. tJ+wle.r3&JaifC2'(a/uJ~. Cc.+1 Q
PAGES Quotation No. 048-19 Date Mailed 05-09-19 Closing 2:00 PM 05-22-19
SCOPE OF WORK: Shawnee County Parks+ Recreation (SCP+R) are requesting bids for repair and replacement of the pump and waterfall flow to existing ponds at Ted Ensley Gardens at Lake Shawnee. The location within the Ted Ensley Gardens is the upper pond around the gazebo. Below are the specifications for the work to be completed. 1. Clean out and remove pond liner at the upper pond. 2. Remove the retaining blocks and stone walls around the pond edge of the upper pond. 3. Install 45 mil EPDM pond liner, approximately 4,000 sq. ft. Pond liner must have a minimum of a 15 year warranty. 4. Install Geo text tile underlayment and on top of the liner. 5. Install retaining blocks and stone over new liner in existing location around the pond's edge. 6. Use existing retaining blocks to rebuild the pond's edge. Replace broken or non~sufficient retaining blocks as needed. 7. Smooth grade and ·cover al11iner at top edge with existing retaining wall blocks and additional features to make pond appealing with approval of Project Manager. 8. Strap liner to concrete walls under the bridge. 9. Instail new 3" Schedule 40 PVC plumbing to existing 3' plumbing buried benesth the ground surface and backfill. 10. Secure plumbing and make water tight where it enters the pond. 11. Waterfall from upper pond to middle pond will be approximately 4-5' wide. 12. Remove and replace existing pump at lower pump house with a new 5HP High Head Self~ Priming Pump from Performance Pro. Pump must be a 230V that draws 17.9-18.4 Amps. Pump must have a. minimum of a three (3) year manufacture warranty. 13. Before installing new pump, blow out ~e suction line at the vault and pressure test the discharge plumbing lines. 14. The second pump inside the pump house will not be removed, but will not be used in this project due to the new pump being more effici"ent tO cohtrol the waterfall. · 15. Trench from lower pond at exposed pipe to the existing line. 16. Install new 3•• Schedule 40 PVC line from lower pond to middle pwnp house and connect existing lines. 17. Backfill and cover pipe to a smooth grade. 18. Remove exposed pipe in lower pond and stream.
Safety All areas that work is being conducted in and around must be secure for public safety. Signs will be posted by contractor pertaining to work site and safety. Contractor will block off areM after work is completed for the day to include public safety of work being completed. Completion of Work A final walk through will be conducted by the Project Manager of Shawnee Cow1ty Parks+ Recreation and the contractor. All areas will be cleaned of debris. All areas must meet the satisfaction of the Shawnee County · Parks + Recreation Project Manager.
PAGE6 Quotation No. 048-19 Date Mailed 05-09-19 Closing 2:00PM 05-22-19
TED ENSLEY GARDEN POOL REPAIR
Project Component Cost
Landscaping Pond Repairs $ /3 fo/t'J. dO Pump Cost $ $?'3S: 0()
TOTAL BID PRICE $ It li!fs. ~.
TOTAL BID PRICE (printed) __J ,·Je.!) 1{.,."".,1 ~ju &... lcJ .1'nr1- r oz:.
BY: tlt
Please submit the original bid and a copy.
PLEASE SUBMIT THIS AS THE FIRST PAGE OF YOUR BID.
PAGE? Quotation No. 048-19 Date Mailed 05-09-19 Closing 2:00PM 05-22-19
44-1030 Mandatory provisions applicable to contracts of the state and other political subdivisions; cancellation, when; application to subcontract; non-application to certain contract. (a) Except as provided by subsection (c) of this session,. every contract for or on behalf of the state or any county or municipality or other political subdivision of the state or any agency of or authority created by any of the foregoing, for the Construction, alteration or repair of any public .building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that: 1. The contractor shall observe the provisions of the Kansas act against discrimination and shall not discriminate against any person in the performance of work under the present contract because of race, religio~ color, sex physical handicap unrelated to such person's ability to engnge in the particular work, national origin or ancestty. 2. In all solicitations or advertisements for employees, the contractor shall include the phrase, "equal opportunity employer," or a similar phrase to be approved by the commission. 3. If the contractor fails to comply with the manner in which the contractor reports to the commission in accordance with the provisions of K.S.A. 44-1032, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, whole or in part, by the contracting agency 4. If the contractor is found guilty of a violation of the Kansas act against discrimination under a decision or order of the commission v.rhich has become final, the contractor shall be deemed to have breached the present Contract and it may be cancelled, tenninated or suspended, in whole or in part, by the contracting agency. 5. The contractor Shall include the provisions of paragraphs one (1) through four (4) inclusively o this sub section (a) in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor. (b) The Kansas commission on civil rights shall not be prevented hereby from requiring reports of contractors found to be not in compliance with the Kansas act against discrimination. (c) The provisions of this section shall not apply to a contract entered illto by a contractor: (1) Who employs fewer than four (4) employees during the tenn of such contract; or (2) Whose contracm Vlith the governmental entity letting such contract cumulatively total five thousand dollars ($5,000) or less during the fiscal year of such governmental entity.
44-1031. Same; personnel to be used in performing contracts; reports; non-application to certain contractors. Every person, as defined in subsection (a) of K.S.A. 44-1002, who wishes to enter into a contract which is covered by the provisions ofK.S.A 44-1030 shall upon request of the commission, inform the commission in writing of the manner in which such person shall reCruit and screen personnel to be used in performing the contract. The report shall be. made on forms to be supplied by the commission. The provisions ofK.S.A. 44-1030 and of this section shall not apply to any contractor who has already complied with the provisions of such sections by reason of holding a contract with the federal government or a contract involving federal funds.
History: L.1972, ch.184, & 15; L. 1975, ch. 264, & 8; L. 1977, ch.183, & 2; July I.
PAGE8 Attachment B
Fantasy Falls & Water Gardens Adam Tucker POBox 101 Grantville, KS 66429 785-393-3091
Upper Pond * This will be to clean out and remove the upper pond liner • Remove the retaining blocks and stone walls around pond edge • Install new underlayment and liner • Install blocks and stone over the new liner • Hook up new plumbing to existing plumbing and make water tight where it enters pond • Strap liner to concrete walls under bridge • Narrow waterfall from upper pond to middle pond to have better flow and cover liner • Possibly change the level of pond edge and/or waterfall to adjust water level as needed • Smooth grade and cover all liner at top edge • Add additional stone around side of bridge to add support to walkway $11,030.00
New Pump *Remove existing pump at lower pump house * Installation of new pump at lower pump house $3235.00
New Pipe *Trench from lower pond at exposed pipe to the middle pump house * Lay new 3" line from lower pond to middle pump house and connect to existing lines * Backfill and cover pipe and smooth grade • Removal of exposed pipe in bottom pond and stream $2580.00
Total Project $16,845.00
Not Included . *This does not include electrical work around ponds • This does not include seeding of freshly graded soil around new pipe line or top pond • This does not include removal of middle pump house . ' 03.
Shawnee 1<2ounty "-' , , ! J> P.arKs+ ~ recreation
June?, 2019
TO: Board of Commissioners Shawnee County
FROM: John E. Knight, Dir Parks + Recreation
RE: CivicPlus Agreement-Website Redesign Professional Development and Services Division
Pwpose: Board of Commissioners consideration and approval of the agreement is requested to confirm CivicPlus as the sole source provider for upgrades to the Shawnee County Parks + Recreation website. This approval will improve the current website to CivicEngage Version 5 and assist staff with content development enhancements allowing for branding and a stronger overall website. Expenses for the website Year 1 are $13,200 for redesign, development, migration and training. The annual maintenance, support and hosting will remain $5,743.28 with a redesign fee of $3,075 included to be provided through the Parks + Recreation operating budget annually.
Justification: Shawnee County Parks+ Recreation's current website was created in 2012 and is on CivicEngage Version 4, a platform that will cease to be supported after December 31, 2019. The department has expectations of a new website being live by such date and had requested information and verbal quotes from three vendors (CivicPlus, NORTH Design, Vision). It was determined that it is more economically feasible and efficient to upgrade to a new website using the existing infrastructure and vendor. On June 7, 2019, the office of Administrative Services reviewed and approved the Sole Source Authorization for this vendor to perform the service. In addition, the IT department supports our efforts to continue with this vendor.
CivicPlus offered SCP+R the lowest price to upgrade the existing website using CivicEngage Version 5. CivicPlus owns and CivicEngage which interlaces with CivicRec, the current department online registration software and this saves substantially in time and resources for the department as well. A few examples of improvements include SCP+R avoiding having to create
parks.snco.us
• 3137 SE 29th ~treet • Topeka, KS 66605 • (785) 251·6800 separate pages for over a hWidred parks and additional facilities by simply linking to the facilities module in CivicRec where the parks and facilities have already been posted. CivicPlus will be able to easily migrate content from the current website to a new website platform, reducing the development time. Staff bas the knowledge to use the CivicEngage Content Management System (CMS) and will not have to undertake additional training or incur additional expenses to learn a CMS from a different vendor.
Section 3.2 of the SCP+R Ma.~ter Plan calls for "create[ing] a marketing strategy for program services to increase resident awareness and inspire them to use Shawnee County Parks as their "first choice" agency for programs for their family or themselves and to, "Update the website and social media sites on teaching people how to access services."
A website redesign is much needed to enable customers and potential park visitors to easily discover all that is available to them through SCP+R. This feasible yet effective solution will allow for continued information to be readily available and improve online registrations for specific services and the transformation can be done relatively soon. The agreements contained herein will replace prior agreements and are subject to annual increases or additional fees as outlined.
JEK!blt TL Attachments SOLE SOURCE AUTHORIZATION FORM
INSTRUCTIONS: Submit form in duplicate to: Shawnee County, Audit-Finance and Purchasing, 200 SE 7th, Room 201, Shawnee County Courthouse, Topeka, K.an.s:as 66603
Vendor: CivicPlus
Address: 302 South 4"' Street, Suite 500, Manhattan, KS 66502
Has the vendor ever been an employee of the Shawnee County? Yes No L If yes, please explain the nature of the employment and period of service.
1. Description ofMaterial or Service: Shawnee County Parks + Recreation (SCP+R) is requesting a website redesign and implementation to serve its constituents and address SCP+R's future branding, marketing and business objectives to better meet the needs of the depwtment and more importantly the public. The vendor will be responsible for the implementation of all selected components, project management, training, data migration solutions and full installation with ongoing maintenance of the website as agreed to in a final contract.
2. Explain why the recommended vendor is the only one qualified to provide the requested services at the exclusion of all others, i.e., what makes this vendor uniquely qualified:
SCP+R's current website was created in 2012 and functions on CivicEngage Version4, a platfonn that will cease to be supported after De<:ember 31, 2019. SCP+R intends to have a new website live by that date. CivicPlu.s has offered SCP+R the lowest and most responsive price among tluee vendors to upgrade our website services. Their version (CivicEngage Version 5) will serve the department and customers more than adequately, save time, merge over from an older version without total new investments in alternative website design and implementation, and fmally save funding that would need to be allocated for resources to implement a different service. CivicPLus owns CivicEngage which interfaces with SCP+R's online registration software, CivicRec. In developing a new website, SCP+R will be able to avoid creating separate pages for hundreds of parks and additional facilities where that information has already been posted. CivicPlus will be able to easily migrate content from the current website to the new CivicEngage Version 5 platform saving time and it doesn't require staff training on the CivicEngage content management system (CMS) because the format is familiar to our staffwhicb means not having to undertake additional training or incur a separate training cost for learning a new CMS.
3. Describe the research that has been completed to insure that no other competition exists (mtw-e of work to be completed, names of vendors contacted who are unable to perform service, etc.): See attached quotes.
SCP+R received quotes and demonstrations from North Design, Vision, and CivicPlus. We came to the conclusion that this would best function as a sole source request due to tbe existing platform that CivicPlus is providing. As previously noted, the time and energy saved by updating the platform is significant compared to creating a new platform and corresponding staff training.
4. Have you requested an agency contract with the vendor at any time during the past twelve months? Yes X No If yes, please explain the nature of the service and the amount agreed to be paid. Current contracts in effect are: C494-2013 and CAOS-2017; any new agreement will cancel C494-2013 ----~------·------~------DEPARTMENT USE ONLY
Department Name: Parks +Recreation-Olivia Mayer: 785-251-6825
Agency Appmv•l~11,4· 'jla/ds/....tDM.t4.£rvlr..s Date: (# •3-/9 (Signature and Title) PURCHASING USE g:,;,_Y~~?f~~Jc_,,/.ui~9L __ (Revised 412112) c;» Master Services Agreement for Shawnee County Parks + Recreation SHAWNEE COUNH. i::ONTRACT iltc.;l,"35-.;THIS Master Setvlces Agreement ("Agreement") is agreed to by and between CivlcPius, LLC d!bla CivicPlus ("CivlcPius") and Shawnee County Parks + Recreation ("Client") (referred to individually as "Party" and jointly as "Parties") and shall be effective as of the later dale of signing indicated at the end of this Agreement ("Effec:tive Date"). RECITALS I. WHEREAS, CivicPius is engaged in the business of developing, marketing and selling custom community engagement and government management platforms and SeiViCElS that include but are not limited to web sites, web interfaces and portals and proprietary software systems and associated modules; in addition to project development, design, implementation, support and hosting services for same: II. WHEREAS, Client wishes Ia engage in a relationship with CivlcPius for such services and/or license for the development and use of proprietary software developed and owned by CivicPius; Ill. WHEREAS, Client and CivicPius have agreed to certain terms as set forth in this Agreement by this written instrument duly executed by the Parties; NOW, THEREFORE, Client and C!vicPius agree as tallows: Term & Termination 1. This Agreement shall ccmmence on the date set forth below and shall remain in full force and effect during the term of any associated or attached Statement of Worlo: t:SO\N") between CivicPius and C~ent This Agreement and any associated or attached SOW will continue under the conditions set forth herein until terminated by either Party as specifically authorized herein. 2. Either Party may terminate this Agreement or any associated SOW at the end of the SOW term by providing the other Party with 60 days' written notice prior to the SOW renewal date. 3. Upon termination of this Agreement or any associated or attached SOW, the licenses granted for such relevant SCNJ by Section 15, below, will terminate; Client shall cease all use of the CivicPius Property (as defined herein) associated with the terminated SOW. 4. Notwithstanding the above, in the event this Agreement or any SOW is terminated, for any reason, prior to payment in full being made by Client for work completed by CivicPius, any outstanding invoices or future planned billing for the development ofCiienfs chosen government management piatfonn andlor services, as defined in the SOW ("Project Development"), shall immediately become due in full. Statements of Work 5. CivicPius agrees to perform services and/or produce deliverables In accordance with the SOW in consideration of the fees owed by Client in described in the same SOW. Multiple and successive SOW may be entered into and shall be atlached hereto. Such SOWs are incorporated Into this Agreement by reference and subject to the terms & conditions contained herein pursuant to Section 27. Invoicing & Payment Terms 6. Invoices shall be sent electronically to the individual/entity designated in the SON's contact sheet, to be filled out and submitted by Client. Client shall provide accurate. current and complete information of Client's legal business name, address, email address, and phone number, and maintain and promptly update this information if it should change. Upon request CivicPius will mall invoices, and the Client will be charged a $5.00 convenlence fee. 7. Payment is due 30 days from date of invoice. Unless otherwise limited by law, a finance charge of 1.5 percent (%)per month or $5.00, whichever Is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding invofce(s). 8. If the Client's account exceeds 60 days past due, support will be discontinued until the Client's account Is made current. If the Clien~s account exceeds 90 days past due, Annual Services will be discontinued, and the Client website, modulss, interfaces or portals will no longer be active until the Client's account is made current. CIJenl will be given 30 days' notice prior to discontinuation of services for non-payment. 9. If the Client requests a change in the timeline set forth and agreed upon at the beginning of the sel¥ices, and such change causes CivicPius to Incur additional expenses (i.e. airline change fees, consultant fees), Client agrees to reimburse CivicPius for those fees. Not to exceed $1,000 per CivicPius resource per trip. ClvicPius shall notify MSA Page 1 of 4 ClvlcPJ~ • 302 S. 4U1 Street, SiJtle 500 • Manhattan, KS 66502 • IW..w.CivicPliJ$.00m Toll Free aaS-228-2233 • A<:cc1.1nting Ext. 291 • Fax 785-587-8951 V. MSA.02.21.18-0000 C ;:» Master Services Agreement for Shawnee County Parks + Recreation
Client prior to incurring such expenses and shall only incur those expenses which are approved by Client. Ownership & Content Responsibility 10. Upon full and oomplete payment of submitted invoices for any SOW Project Development Fees, Client will awn the website graphic designs, webpage or software content, module content, importable/exportable data, and archived Information as created by CivicPius on behalf of Client pursuant to this Agreement ("Customer Content'). 11. Upon completion of any SOW Project Development, Client will assume full responsibility for website, software or module content maintenance and administration. Client, not CivicPJus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content 12. Client agrees that CivicPius shall not migrate, convert, or port content or information that could reasonably be construed to be time-sensitive, such as calendar or blog content, in any Project Development. 13. Client Will make a reasonable attempt to work with CivicPius, If requested, to create a news Item to be released In conjunction with their project Go-Live date. Client will provide CivicPius with contact information for local and regional media outlets. CivicPius may use the press release in any marketing materials as desired throughout the term of this Agreement Intellectual Property & Ownership 14. Intellectual Property of any software or other original works created by ClvicPius prior to the execution of this Agreement ("CivlcPius Property") will remain the property of CMcPius. Client shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPius Property in any way; (ii} modify or make derivative works based upon any CivicPius Property; (iii) create Internet "links" to the CivicPius Property software or "frame" or "mirror" any ClvlcPius Property administrative access on any other server or wireless or Internet-based device; or (iv) reverse engineer or access any CivicPius Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPius Property, or (c) copy any Ideas, features, functions or graphics of any CivicPius Property. The CivicPlus name, the CivicPius logo, and the product and module names associated with any CivicPius Property are trademarks ofCivicPius, and no right or license is granted to use them. 15. Provided Client complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in Section 14, ClvicP!us hereby grants Client a ~·miled, nontransferable, nonexclusive, license to access and use the Civic Plus Property associated with any valid and effecHve SOW associated with this Agreement, for the term of the respective SOW. Indemnification 16. To the extent permitted by the law ofCiienfs state, Client and CivicPius shall defend, indemnify and hold the other Party, its partners, employees, and agents harmless from and against any and all lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses including attorney's fees of any kind, without limitation, arising out of the negligent actions and omissions, or intentionally malicious actions or omissions of the indemnifYing Party or its partners, employees, and agents, directly associated with this Agreement and the operations and installation of software contemplated by this Agreement. This section shall not apply to the extent that any lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses is caused by the negligence or willful misconduct on the part of the other Party. Cllent Responsibilities 17. CivicPius wm not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the SeNice received by the Client. 18. CivicPius wlll not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity employed/contracted on the Clienfs behalf. 19. Client agrees that it is solely responsible for any solic1lation, collection, storage, or other use of end-users' personal data on any website or online service provided by CivlcPius. Client further agrees that ClvicPius has no responsibility for the use or storage of end-users' personal data in connection with the website or the consequences of the solicitation, collection, storage, or other use by Client or by any third party of persona! data. 20. To the extent it may apply to any service or deliverable of any SOW, user logtns are for designated individuals chosen by Client rusers") and cannot be shared or used by more than one User. Client will be responsible for the confidentiality and use of User's passwords and User names. Client will also be responsible for all electronic communications, including those containing business information, acClient's account. CivicPius will act as though Client will have sent any electronic communications it receives under Client's passwords, user name, and/or account number. Client shall use commercially reasonable efforts to prevent unauthorized access to or use of any CivicPius Property and shall promptly notify CivicPius of any unauthorized access or use of any CivicPius Property and any loss or theft or unauthorized use of any User's password or name and/or user personal information. 21. Client shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use of any of the services or Civi<::Pius Property. Limitation of Liability 22. CivicP!us' liability arising out of or related to this Agreement, or any associated SOW, will not exceed the Annual Services Fee paid by Client in the year prior to such claim of liability. 23. In no event will CivicPtus be liable to Client for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this Agreement. 24. The liabilities limited by Sec~ on 22 and 23 apply: (a) to liability for negligence; (b) regardless of the form of action, whether in contract. tort, strict product liability, or otherwise; (c) even If Client is advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and (d) even if Client's remedies fail of their essential purposes. If applicable law limits the application of the provisions of this Limitation of Liability section, CivicPius' liability will be limited to the maximum extent permissible. Force Majeure 25. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God. storm, fire, casualty, unanticipated work. stoppage, strike, lockout, labor dispute, civic disturbance, riot. war, national emergency. act of public enemy, or other cause of similar or dissimilar nature beyond its control.
Taxes 26. It is CivicPius' policy to pass through sates tax in those jurisdictions where such tax is required. If the Client is tax~exempt, the Client must provide CivicPius proof of their tax-exempt status, within f1fteen (15) days of contract signing, and the fees owed by Client under this Agreement will not be taxed. If the Client's state taxation laws change, the Client will begin to be charged sales tax in accordance with their jurisdiction's tax requirements and CivicPius has the right to collect payment from the Client far past due taxes.
Other Documents 27. The following, if applicable, are to be attached Ia and made part of this Agreement a. Any Addendum and/or Amendment to this Agreement signed by both Parties; b. Exhibit A- Statement(s) of Work; c. Service Agreement Sales Forms; d. Service Agreements previously executed between the Parties; and e. Custom Development I Retainer Agreement 28. In the event of conflict with an attachment to this Agreement, any addendum and/or amendment made to the main body of this Agreement will govern. Notwithstanding the foregoing, no saw or other attachment incorporated into this Agreement after execution of this main body of this Agreement will be construed to amend this main body unless It specifically states its intent to do so and cites the section or sections amended. 29. This Agreement and all attachments hereto sets forth the entire agreement of the Parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. lnterlocal Purchasing Consent 30. With the prior approval of ClvlcPius, which may be withheld for any or no reason within CivicPius' sole discretion, this Agreement and any attached SOWs may be extended to any public entity in Clienfs home-state to purchase at the SOW prices and specifications in accordance with the terms stated herein. Miscellaneous Provisions 31. The invalidity, in whole or in part, of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 32. No amendment. assignment or change to this Agreement or any included saw shall be effective unless by a INiitten instrument executed by each of the Parties.
MSA Page 3 of 4 CivlcPlus • 302 S. 41h Street, Suite 500 • Manhattan, KS 66502 • www.CivicPius.com Toll Free 888-228·2233 ·Accounting Ext 291 • Fax 785-587-8951 V. MSA.Q2.21.18-0000 C;. Master Services Agreement for Shawnee County Parks+ Recreation 33. This Agreement may be executed In one or more counterparts. Each counterpart will be an original, but all such counterparts will constitute a single instrument 34. Each person signing this Agreement represents and warrants thai he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party's obligations hereunder have been duly authorized and that the Agreement Is a valld and legal agreement binding on such Party and enforceable in accordance with its terms.
Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and consent to the terms & conditions of this Agreement Client Civic Plus
By: By:
Name: Name: Jeff Logan
Title: Title: Vice President of Sales
Date: Date: 6/3/2019
Sign and E-mall the entire contract with exhibits to: Contrac:ts®CivicP!ys,com
Signature pages sent without the entire contract attached will not be accepted. We will e-mail a counter-signed copy of the contract back to you once we begin your project. CivicPius does nat require a physical copy ofthe contract, however, If you would !Ike a physical copy of the contract, mail one (1) copy of the contract with original signature to: CivicPius Contract Manager 302 S. 4111 Street Suite 500 Manhattan, KS 66502 Upon receipt of signed original, we will counter-sign and retum the copy for your files.
AJ>pr"""d .. to L"llolily Bnd Form: Date _,. .-( '1
~
MSA Page 4 of 4 ClvicPius • 302 S. 4111 Sireet, SUite 500 ·Manhattan, KS 66502 • ~.CivicPius.com Toll Free 888-228-2233 ·Accounting Ext. 291 • Fax 785-587-8951 V. MSA.02.21.18..0000 C ;IJ Exhibit A2 for Shawnee County Parks+ Recreation Exhibit A.2- CivicP/us Statement of Work #2 QTY Product Name DESCRIPTION
1.00 ~yr Redesign Ultimate Annual yr Redesign Ultimate Annual 95.00 jeontent Development - 1 Page Content Development- 1 Page
1.00 [Recommended Navigation fecommended restructure of global ~avigation and graphic butlons 5.00 V4 to V5 Content Migration & Optimization 4 to VS Content Migration & Optimization Migration & reformatting for usability and foonsistency (per page) 1.00 SSL Management- CP Provided Only SSL Management- CP Provided Only 1 per ~amain (Annually Renews) 1.00 4 to VS Redesign Implementation 4 to V5 Redesign Implementation 1.00 [1/4 to VS Redesign Design 4 to VS Redesign Design 1.00 l'f4 to V5 Redesign WebDev 4 to VS Redesign WebDev 1.00 [1/4 to V5 Redesign Training 4 to VS Redesign Training
One Time Costs $13,200.00 Annual $3,075.00 Recurrino Costs
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 #2 (SOW #2) is hereby attached as Exhibit A.2. 2. This SOW #2 shall remain in effect for an Initial term beginning at signing and ending April 3D, 2020. 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 automatfcally renew for an additional 1-year Renewal Term. 3. The One Time costs and the Initial term Annual Recurring Costs shall be invoiced at signing (such Initial Term Annual Recurring Costs shall be prorated to reflect a date beginning at signing and ending April 3D, 2020). Renewal Term Annual Recurring Costs shall be invoiced May 1 each Renewal Term, subject to a 5% annual increase. 4. After forty-eight (48) months of continuous service, Client is entitled to a no-cost redesign, details noted in Addendum 1. Redesigns that include addltlonalfeatures not available on the original website may be subject to additional charges. Additional features include, but are not limited to, additional modules and integration of third-party software. 5. Client allows CivicPlus Ia display a ''Government Websites by CivicPius" insignia, and web link at the bottom of their web pages. Client understands that the pricing and any related discount structure provided under this SOW #2 assumes such perpetual permission. 6. The Client will be invoiced electronically through email. Upon request CivicPius will mail invoices and the CUent will be charged a $5.00 convenience fee.
EKhlblt A.2 Page 1 of 2 CivlcPJus • 302 S. 4th Straat, Slllte 500 • Manhathm, KS 66502 • www.CivlcPius.ccm Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fall 785-587-8951 V. PD 06.01.2015-0048 C ~Exhibit A.2 for Shawnee County Parks+ Recreation
Acceptance
We, the undersigned, agreeing to the conditions specilled in this document, understand and authorize the provision of services outlined in this Agreement.
Client CivlcPius
By: Jzfy= By:
Name: Jeff Logan Name:
Title: Vice President of Sales Title:
Date: 6/3/2019 Date:
Approved as to Legality and Form: Date -•·tG! lA.... ASST. CO. COUNS LOR
Exhibit A.2 Page 2 ol2 Civicf'!us • 302 S. 4th Street. Suite 500 • Manhattan, KS 66502 • w.vw.Civlc:Pius.com Toll Free 888-228-2233 • Accol.lntlng Ext. 291 ·Support Ext. 307 • Falo' 785-567-8951 V. PD 06.01.2015·0048 C ;»Exhibit A.2 for Shawnee County Parks+ Recreation
Addendum 1 to Exhibit A.2- Redesign Details
CivicPius Project Development Services & Scope of Services for CP Redesign • Design New design for website layout and theme. Content styling is updated to match theme. Redesign of graphic button icons. • Project Management • Content Migration of all existing content Spelling and broken links will be checked and updated by content team where possible. Additional report wm be provided to clienl Content will not be rewritten, reformatted or broken up. New pages will not be created. • Training One {1) four {4) hour block virtual training for 6 people with a preset agenda that will be scheduled during the project.
Exhibit A.2 Page 3 of 2 CivicPius • 302 S. 4th Street, Suite 500 · Mar~r.attarl, KS 66502 • www.CivicPius..com Toll Free 888-226·2233 • AcctlUrlting Ext. 291 ·Support Ext. 307 • Fax 765-587·8951 V. PO 06.Q1.2015·0048 C ;1 Exhibit A.1 for Shawnee County Parks+ Recreation Exhibit A.1 - CivlcPius Statement of Work #1
$5,743.28
1. Performance and payment under this SOW shall be subject to the terms & conditions of the Agreement by and between Client and CivlcPius, to which this Statement ofWork#1 (SOW #1) Is hereby attached as Exhibll A 1. 2. This SOW #1 shall remain In effect for an lnltial term of one year {12 months) from May 1, 2019. In the event that neither party gives 60 days' notice to terminate prior to the end of the Initial or any subsequent renewal term, this Agreement will automatically renew for an additional1-year Renewal Term. 3. Annual SeiVices shall be invoiced on May 1 of the Initial Term and each Renewal Terms. Annual services, including but not limited to hosting, support and maintenance services, shall be provisioned in accordance with Addendum 1 to !hi$ SOW #1 and shall be subjecl to a 5% annual increase. 4. Client allows CivicPlus to display a "Government Websites by CivicPius" insignia, and web 6nk at the bottom of lhelr web pages. Client understands that the pricing and any related discount structure provided under this SOW #1 assumes such perpetual permission. 5. 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. Acceptance
We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of seiVices outlined In this Agreement.
Client Civic Plus
By: ------Name: ------Name: Jeff Logan
Title: ------Title: Vice President of Sales
Date: Date: 6/3/2019 ------
Approved as to Legdtv and Form: Date'~
ASST. CO. COUNS
Exhibit A.1 Page 1 of 1 CivicPius • 302 S. 4th Street, Suite 500 • Mar~ltatlan, KS 66502 • www.CMcPlus.com Toll Free 888-226-2233 ·Accounting Eld:. 291 • Support Ext. 307 • Fax 785-587-8951 V. PO 06.01.2015..0048 C ;IExhibit A 1 for Shawnee County Parks + Recreation
Addendum 1 to Exhibit A.1- Hosting, Support and Service Level Agreement Hosting Details
• • Server Management & Monitoring • Multi-tiered Software Architecture • Server software updates & security patches • Database server updates & security patches • Antivirus management & updates • Server-class hardware from nationally recognized provider • Redundant firewall solutions
• Emergency After-hours support, live agent (2417) • On-line status monitor at data center • Event notification emails Guaranteed recovery TIME objective (RTO) of 8 hours Disaster Recovery • • Guaranteed recovery POINT objective (RPO) of 24 hours • Pre-emptive monitoring for disaster situations • Multiple data centers
Mdendum 2 Page 1 of 4 GivicPlliS • 302 S. 4th Street, Suite 500 ·Manhattan, KS 66502 • www.CivicPius.com Toll Free 888-228-2233 ·Accounting Ext. 2131 • Support Ext. 307 ·Fax 785-587...fl951 V, SLA03.01.16-0001 C ;»Exhibit A.1 for Shawnee County Parks+ Recreation
Support and Maintenance
Support Services CivicPius' on-site support team is available from 7:00 am to 7:00 pm CT to assist clients with any questions, concerns or suggestions regarding the functionality and usage of Civic Plus' GCMS®and associated applications. The support team is available during these hours via CiVicPius' toll-free support number and e-maiL Support personnel will respond to calls as they arrive (under normal circumstances, if all lines are busy, messages will be returned within four hours~ action will be taken on a-malls within four hours), and if Client's customer support liaison is unable to assist, the service escalation process will begirt Emergency support Is available 24-hours-a-day for designated, named Client paints-of-contact, with members of both CivicPius' project management and support teams available for urgent requests. Emergency support is provided free-of-charge for true emergencies (ie: website is down, applications are malfunctioning, etc.), though C~ent may incur support chargss for non emergency requests during off hours (ie: basic functionality I usage requests regarding system operation and management}. The current discounted rate is $175/hour. CivicPius maintains a customer support website that is accessible 24-hours-a-day with an approved client username and password.
Service Escalation Processes In the event that CivicPius' support team is unable to assist Client with a request, question or concern, the issue Is reported to the appropriate CivicPius department. Cliem requests for additional provided services are forwarded to CivicPlus' Client Care personnel. Client concerns/questions regarding GCMS® or associated application errors are reported to CivicPius' technical team through CivicPJus' issue tracking and management system to be addressed in a priority order to be determined by CivicPius' technical team. All other requests that do not meet these criteria will be forwarded to appropriate personnel within CivlcPius' organization at the discretion of the customer support liaison.
Included Services: Suocort Maintenance of ClvicPlus GCMS® 7 a.m.- 7 p.m. (CST) Monday- Friday Install Service Patches for OS (excluding holidays) System Enhancements 24!7 Emergency Support Fixes Dedicated Support Personnel Improvements Usability Improvements Integration Integration of System Enhancements Testing Proactive Support for Updates & Fixss Development Online Training Manuals Usage Ucense Monthly Newsletters Routine Follow~up Check-ins CivlcPius Connection
Addendum 1 Page 2 of 4 ClvicPius • 302 S. 4th Stree~ Suite 500 ·Manhattan, KS 66502 • www.CivicPius.com Toll Free 888-228-2233 • Acccunlirtg Ext. 291 • Sllpport Eld. 307 • Fax 785-587-8951 V. SLAOM1. 16-0001 C ;»Exhibit A.1 for Shawnee County Parks+ Recreation
CivicPius Service Level Agreement CivicPius will use commercially reasonable efforts to make the GCMS® available with a Monthly Uptime Percentage (defined below) of at least 99.9%, in each case during any monthly bllllng cycle (the "Service Commitment''}. In the event CivlcPius does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. Definitions • "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the CGMS, was "Unavailable." Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Exclusion (defined below).
1 "Unavailableh and ·unavailability" mean:
a The HTML of the home page of the site is not delivered in 10 seconds or less 31imes In a raw when tested from inside our network and returns a status of 200.
a The Main page of the site returns a status other than 200 or 302 3 times in a row.
1 A "Service Credif is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfronl payments) for the month, beginning with the first full month ofservlce, in accordance with the schedule below. Monthly Uptime Percentage Service Credit Percentage less than 99.9% 1% of one month's fee We will apply any Service Credits only against future payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from CivicPius. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD/. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Client Agreement, your sole and exclusive remedy for any unavailability, non-perfonnance, or other failure by us to provide the service is the receipt of a Service Credit (if eligible) In accordance with the terms of this SLA Credit Request and Payment Procedures To receive a Service Credit, you must submit a claim by opening a case with Support. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include: 1. the words "SLA Credit Requesr In the su~ect line;
2. the dates and times of each Unavailability Incident that you are claiming:
3. the affected Site domains; and
4. Any documentation that corroborate your claimed outage.
If the Monthly Uptime Percentage of such request is confinned by us and is less than the Service Commitment, then we will Issue the SeNice Credit to you within one billing cycle following the month In which your request is con finned by us. Your failure to provide the request end other information as required above will disqualify you from receiving a Service Credit. SLA Exclusions The Service Commitment does not apply to any unavailability, suspension or termination of GCMS®, or any other GCMS® performance issues: {i) that result from a suspension: (il) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of CivicPius; (iii) that result from any aclions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from any maintenance as provided for pursuant to the Client Agreement: or (vi) arising from our suspension and termination of your right to use the GCMS® in accordance with the Client Agreement (collectively, the gSLA Exclusions"). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
Addendum 1 Page 3 of 4 CivicPius • 302 S 4th Street Suite 500 • Manhattan, KS 66502 • www.CivicPius.com Toll Free 888-228-2233 • Accounlifl9 Ext 291 • Support Ext. 307 • Fax 785-587-8951 V. SLA03.01.16-000t C ;IExhibit A.1 for Shawnee County Parks+ Recreation
Disaster Recovery Feature Service Commitment
CivicPius will use commercially reasonable efforts to insure that in the event of a disaster that makes the Primary data center unavailable (defined below) Client site will be brought back online at a secondary data center (the "Service Commitment"). In the event CivicPius does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. Definitions • "Datacenter availability" is determined by Inability to provide or restore functions necessary to support the Service. Examples of necessary functions include but are not limited Cooling, Electrical, Sufficient Internet Access, Physical space, and Physical access. • A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account. • Recovery Time Objective {RTO) is the most anticipated time It will take to bring the service back online in the event of a data center event. • Recovery Point Objective {RPO) the amount of data lost that Is considersd acceptable. Service Commitments and Service Credits ServiCf! Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for the month accordance with the schedule below.
Recovery Time Objective Service Credit Percentage 8 Hours 10% of one month's fee Recovery Point Objective Service Credit Percentage 24 Hours 10% of one month's fee
Addendum 1 Page 4 of 4 ClvlcPius • 302 S. 4th Street, Suite 500 • ManhaUan, KS 66!i02 • www.CivicF'Ius.r:;om Toll Free !!81:1-228-2233 ·Accounting Ext. 291 • Support Ext 307 • Fa)( 785-587-8951 V. SLA03.01.16-0001 Shawnee I '2ounty '', r'; P.arKs+ ~ recreation
June 5, 2019
TO: Board of Commissioners Shawnee County
FROM: John E. Knight, Dire'C\\'*11' Parks+ Recreation
RE: Site Plan Application- D.E. "Doc" and Nina H Robinson Park Park Planning and Development Division
Pumose: Board of Commissioners approval is requested on the City of Topeka Site Plan Application for consideration of a proposed parking area in D.E. "Doc" and Nina H Robinson Park. The application fee will be expensed through operating funds and Parks + Recreation will abide by Shawnee County Purchasing Policy with approval.
Justification: The Robinson family has donated this property to Shawnee County under the stipulation of maintaining this area as a naturalistic park setting and allowing for development of trails and accessible parking. The 25 acre park is perfectly situated for future trail access connecting the Deercrcek trail to the 29th street project currently under construction.
On September 20, 2018, the Board of Conunissioners approved the project budget for the D.E. "Doc" and Nina H. Robinson Park that included a trail head parking lot, signage and lighting for an approximate total of$162,750 being funded with Excess Reserve funds.
JEK!blt JB Attachments
pa rks.snco. us
• 3137 SE 29th Street • Topeka, KS 66605 • (785) 251·6800 APPLICATION FOR SITE PLAN REVIEW CITY OF TOPEKA PLANNING DEPARTMENT 620 SE MADISON, 3FID FLOOR (UNIT#11) I TOPEKA, KS 66607-1118 PHONE 785.3BB.3n8 I EMAIL: [email protected]
Application materials should be submitted digita!Jy to [email protected]. For print requirements, SEE PAGE 3 of this applicaUon
OWNER INFORMATION PLANNING DEPARTMENT USE ONLY Property owner(s): Board of County COmmissioners of Shawnee Counly Kansas CASE II: ______Street Address: "2o:O:--Oc:S-:Ec-7.,1h.______DATE REC'D ----- City: Topeka State: ~ Zip: 66603-3933
Daytime Phone Number: 785-251-6800 Email: ______
PROJECT APPLICANT INFORMATION Project applicant (or project name): Robinson Family Park parking lot
Authorized owner representative or professional agent (engineer, archltect, attorney, etc.):
Street Address: -'3-'-13"7-'S"E"2"'91cch ______
City: Topeka State:~ Zip: 060'::--60:::5:._ __ Daytime Phone Number: 785-251-6814 Email: john.l::[email protected]
AUTHORIZATION I (we) am (are) the owner(s) of record for the subject property and hereby authorize ~Hng of this application and an~ agent listed in this application to represent the owner{s). I (we) dec !we that a!lsutmltted lntormal!on Is complete eno:l accurate. I (we) hereby acknowledge that aU slta plan review procedures haYe been reviewed and understood as part of this submittal. Owner1Name: ______
Signature:------Date: ______Owner2Name: ______
Signature:------Date: ______
SITE DEVELOPMENT INFORMATION-
Locatfon of property: (If no address Is available, Indicate nearest crossroad or landmark) dead end east of 28th and Golden
Legal Description of property: lf neaessruy, llltooh !o this sppf/cal/on
lot(s) _____ block ___ subdivision:------If lot(::~) _____ block_ subdivision: ------,------
Is a copy of the deed required? 0 Yes 0 No If yes, please attach to application.
Site Area (sqfl) ______Building or Expansion (sq ft) +or- 9000 Existing Zoning ------
------ctn' OF TOPEKA PLANN lNG DEPARTMENT·------·······------ APPliCATION LAST UPDATED: 9/2017 APPLICATION FOR SITE PLAN REVIEW
Description of Existing Improvements: There is no existing improvements to this site. City utilities are available but none area required at this time for this project.
Description of Proposed Project in detail: SCPR is proposing to create a parking lotto allow access to a future trail !ink for the Deercreek Trail and Robinson Family Park. Proposed parking would Include 9 regular and 1 Handicap stall, bike parking, sidewalk access and native landscaping appropiate to Kansas grassland. Parking would meet the BO,OOO pound requirement for vehicle traffic and utilize flat curb to aHow for sheet drainage through to grassland for infiltrallon.
·INFRASTRUCTURE AVAILABLITY
Water - location and size of water main serving site: avaii:Sble but not needed at this time Does the current system have adequate capacity? Q Yes Q No If not, are improvements anticipated? Q Yes O No
S11nltary Sewer - location and size of sewer main serving site: avaHable but not needed Does the current system have adequate capacity? 0 Yes Q No !fnot, are Improvements anticipated? Q Yes 0 No
Storm Drainage ~ How will storm water run-off be handled on site? pass through to grassland for infiltration Does the current storm sewer system have adequate capacity far proposed use? Q Yes Q No
Traffic Circulation- Does the site have public street frontage access and where are existingfproposed access openings? plan proposed to connect to 28th street lo access parking Will any street Improvements or traffic improvemenls be required? 0 Yes @No
PLAN CONTENTS
Site Plan Contents: include all items listed underTMC 18.260.050 unless otherwise specified by planning staff at the pre-application meeting. lhttp:/fwww.codapublisbjog.com/KSffilPekaJhtml/looekal !l([ooeka18260.hlmlltl B,26Q)
L11ndscape Plan Required? (!)Yes Q No Include alt items listed underTMC.235,050 unless otherwise specified by planning staff at the pre-application meeting. (hJIJJ;IJwww,codanublishjng.comfKSff opekalhlmlftooeka 18JTopL!k,a18235,htm1#18.235.0§0)
Was a Pre-Application Meeting or Zoning Inquiry completed with Staff? 0Yes QNc
tfYes, when? 5/16/2019 at 3:30pm If yes, attach pre-application meeting checkllsl.
ALL SUBMITTALS MUST INCLUDE: 2 PRINT COPIES OF ALL REQUIRED DOCUMENTS DIGITAL COPY OF ALL ITEMS ON CD ROM OR EMAlLED TO [email protected] •••• CITY OF TOPEKA PLANNING DEPARTMENT- SPR APPLICATION PAGE 2 ~CASE#------TOPEKA PLANNING DEPARTMENT
STANDARD SUBMITTAL REQUIREMENTS
In addition to print copies, all materials must be submitted digitally to [email protected]
If a pre-application meeting was held, please provide the documents in quantities requested at that meeting.
f ""'0 "-• -•0 ·" E 0" • u 6' " 0 0" " • "- ... 0 E " *Document may not be required. Check with Planning staff. "0 .s0 e u "0 ·i c ~ 0 "'0 0 "-" .g "c •• 0 0::• 0 ~ "'"- ~ ~, " ""- • ~ QTY" QTY QTY" QTY QTY"'
1 1 1 1 1 Application & Payment of Fee
6-14 Master PUD Plan (24x36; folded) (Maximum number if close or outside the cfty limits,)
1 1 1 1 1 Vicinity Map (Aerial)
"2-4 '2-4 "2-4 '*2-4 ·2-4 Traffic Impact Analysis I Maximum number if close or outside city limits.
6-14 Plat of Subdivision Preliminary and/or Final (Maximum number if close or outside city 6mils.)
2 2 Site Plan
2 "2 2 Landscape Plan
"2 "2 "2 Elevations
"2 '2 1-6 Stormwater Management Report
Waiver of Extension ~f major plat and preliminary and final plat are revlewed "1 together) -- '1 "1 Consent to AnnelOther documents BS requested by the Topeka Planning Department
Documents and quan!HfeE listed are typical. 1f different documantalqu.anlilies are rtooded, Topeka Plilnnlng staff will reqU&SI them. For questions, contact the Planning Department by phone, or email [email protected]
TOPEKA PlANNING DEPARTMENT I 620 SE MADISON I TOPEKA KS 66607 I 785.368.3728 I W\0\IW.TOPEKA.ORG/PLANNING Shawnee 1~ounty "', rf; P.arKs+ -! recreation
June 12, 2019
TO: Board of County Commissioners Shawnee County fJ: FROM: John E Knight, Dir~ j:: Parks + Recreatiov...,
RE: Ice Masters -Equipment Lease Agreement Park Operation Division -Parks
Purpose: Board of Commissioners authorization and execution on the attached Ice Masters agreement for the placement of an ice machine rental at the Curtis Street facility (Parks + Recreation). The seasonal staff utilizing this service are supervised by the Parks Supervisor. Annual expenses totaling $400.00 are available from the Parks+ Recreation operating budget.
Justification: The Master Plan suggests developing agreements that are setup to assist both parties with offering services in an efficient manner. Owning ice machines is not feasible for seasonal facilities and Tee Ma.•;ters has served the department needs well for several years.
JEK/lk JM Attachment
parks.snco.us
, - - • 3137 SE 29th Street • Topeka, KS 66605 • (785) 251·6800 ( ice§masters) Equipment Lease Agreement
AA Easy lee Company.
THIS AGREEMENT is entered into this ".,_"'"'-"'•'------by and between ICE~MASTERS, Inc., a Kansas corporation (herein called ~Lessor") and o•~h~··~,~·~·~c~'~""~~P~·~··~·~·~R~eo~c~"~"~'·~s~h~op"------ (here\nafter called "lessee").
1. LEASED Property. For and In consideration of r!!ntal payments to be made by Lessee and tor L~see's strict fulfillment of other covenant£ conti!lned herein, lessor agrees to lease to said lessee tfle full owing described Equipment (hereinafter called Equipment"): KM-260BAH
to be Installed by Lessor In or upon Lessee's prL"mlses located at 301 Northwest Curtis Street
Topeka KS 6660B
The lessee shall keep the Equipment free from all !fens ;;~nd daims and the Equipment shall not become a fixture or a part Of any building or land In or upon which It Is installed. Full and .::omplete title of the Equipment and ownership of the same shall be vested in and remain with the Lessor through the term of Agreement, Lessee shall not remove, conceal or oth!lrwise Interfere with the title or ownership plate or stamp of Lessor affixed t.o the Equipment.
2. Rental Paymants. Les~ee shall pay to Lessor a seasonal rent payment of$ 40D.OO (Rent$ 400.00 Tax $_"0~-·~·'-----l far a ]!;lase term of 4 mths beginning on G-14-19 . Rental payments are due at thE Startup of each season.
3 warranties. There are no axprf>_!;S or Implied warranties ather than those of the manufacturer of the Equlpm!lnt, either of merchantability or fitness for a particular purpose In connection with the lease of the Equipment. Any warranty other than thE manufacturer's wamnty Is hereby expressly disclaimed, Lessee shall bE! entitled to no damages, lncludiTJgln~ldental or consequential damages far failure of the Equipment
4. Servic:e/Malntenance. Service of the Equipment will be provld~d by the lessor durir1g the term of this Agreement. Lessor shall not secure service for the Equipment from any othersoun:e. lessee agrees to operate the Equipment In accordance with Instructions.. to take reasor~able care of the E!qulpment and to be resp<~nslble for all physical damages thereto. Lessor will not provide service If Lessee fs In default or breach of any of its obligations set fc:orth herE!In.
S. Default. If Lessee is In default or breach of any of Its obligations Imposed herein, indudlng the obligation to pay rent when due, or if Lessee shall sell, assign or attempt to sell or assign the Equipment, It Is agreed that Lessor may Immediately and without notice take possession of the Equlpm~nt and remove and keep or dispose of the same, and any unpaid rental payments shall at once become due and payable. In the event It Is necessary to enforce this Agreement in any way, including any l~al actions to recover possession of the Equipment or collect monies due hereunder, Lessee agrees to pay all costs expended for such collection or repossession incurred by Lessor, Including reasonable attorney's fees.
6.1nsuranti!/lndemnification, Lessee at Its own expense shall maintain Insurance for such risks as flrE!, exposure, tornado, theft, general (asualty and public liability insurance In an amount satisfactory to the Lessor. lessee does further agree to protect and save Lessor harmless against any and allloos or damage to the Equipment by fire, flood, explosion, tornado, general casualty or theft and Le5see shall and does hereby assume all liability to any person whomsoever arising from the lotatlon, condition or use of the EqufpmE!nt.
7, Choice of Laws, This Agreement shall be governed by the laws of the State of Kansas.
s, Assignment. This Agreement nor .:my right or Interest herein may be a5slgned or in any manner transferred by le5see to any otherpf>.rson or firm.
9. Term of Leas a. This Agreement shall be for a term of 4 mths beginning on _6c-_14c·c19:______, according to the terms and (Ondltlons set forth above,
------·Lessee: ICE-MASTERS, INC., Lessor: BY: BY:
TITLE: TITLE: Branch Manager
1acknowledge receipt of Condensate Pump Form:
Approved as to Legality: and Form: Date .-/L.•tt1 ' SHAWNEE COUNTY Department of Emergency Management 200 SE ylh Street Emergency Operations Center Topeka, KS 66603 (785) 251-4150 Dusty Nichols, Director June 5, 2019
MEMO: FirstNet Purchases- Emergency Management
TO: Board of County Commissioners Shawnee County Kansas
FROM: Dusty Nichols- Director ~ Shawnee County Emergency Management
In accordance with Kansas Statutes, Shawnee County Code, the Shawnee County Emergency Operations Plan, the Continuity of Government Plan and our ContinUity of Operation Plans, Shawnee County Emergency Management has a mission that requires effective communications at all times.
At this time most of the cellular and data tools, utilized by Shawnee County Emergency Management to fulfill our missions, are on the commercial networks.
During times of emergencies, incidents and/or events, the commercial cellular and data networks will be overwhelmed.
If the commercial cellular and data networks are overwhelmed, and/or not able to be accessed by Shawnee County Emergency Management, there will be a negative impact on the mission critical components and requirements that the department is mandated and required to meet.
With that in mind, Shawnee County Emergency Management would therefore like to purchase four MiFi devices from ATT, at a one-time cost of $.99 each, for use on the FirstNet Infrastructure and then enroll in FirstNet Service at a monthly cost of $152.00. Our 2019 Budget has the necessary funding to cover this initial purchase and ongoing service.
Emergency Management staff has consulted with Brian Weis in Shawnee County Information Technology who handles phone-type transactions and duties for Shawnee County.
According to the Firstnet.gov website, "FirstNet is a nationwide wireless broadband network for first responders being built and deployed through a first of its kind public-private partnership between the federal government and AT&T. FirstNet offers public safety a communications network built and customized to meet their needs."
The FirstNet technology and system are dedicated to public safety entities, are not on the commercial networks and allows for those with FirstNet devices to have priority for cellular and data over those who are not using FirstNet devices.
Please contact me with any questions at [email protected] or 785-251-4152 SHAWNEE COUNTY CONTRACT !1/i C. :Z..3J-Qol1
Mobility Overview • 1 Total Plan • Unlimited Data • Jurisdiction: Kansas • Contract NASPO
Total Cost
Plans $152.00/mo Total Monthly Cost $152.00/mo
Devices $3.96 Total One-Time Cost $3.96
Mobility Details
Plans (1)
Unlimited- Primary
Included • Unlimited data • AT&T Dynamic Traffic Management or First Prioritynt
Access Charges
4 x Data Only Device with Tethering at $38.00 each $152.00/mo ... ··········-·-"-""""""''"'"'''''''''''"'- ...... , ... ______... ·-···' ...... _. ··-····· --·-··· ·········------"· ...... ,. ___ """' ,, .•.. ,., --· ...... , ... _____ " ...... ,,,_, _____ ~ ...... -~
Monthly Plan Cost $152.00/mo ·············-····"-- '' ...... ""' ·······----·-·------·- ···- Devices (4)
NETGEAR® Nighthawk® LTE Mobile Hotspot Router with Subsidized (2-year) (4)
Monthly Cost No Protection at $0.00 each
One-Time Cost Base One-Time Cost at $89.99 each $359.96 Device Discount at -$89.00 each -$356.00 ------·-· --·-···· ---- - ...... Total One-Time Cost $3.96
Device costs calculated for 4 I 4 devices
This information is provided to you for informational purposes only. The terms of the identified plans can be found in the applicable brochures at the links below. AT&T may revise these terms at any time. In the event of a conflict bet\N€en this information and the applicable business agreement, the applicable business agreement will control. AT&T disclaims all warranties inCluding, but not limtted to, implied warranties of merchantability or fitness for a particular purpose. In no event shall AT&T be liable for any damages relating to the use or results ofthe calculator. The quoted rates <:~reestimates of the monthly charges for the identified plans only and ar'e based on the information provided by you_ These rates do not include additional devices, features or services. Quoted rates supersede those in the applicable brochures, which are standard published rates, and not the discounted rates quoted herein, based on national, state or local contracts. Rates are subject to change and do not include taxes, fees, overage ch<:~rges or surcharges. Activation fees, additional deposits and other restrictions may apply.
FirstNet Rate Plans- AgPncy Pa1d- Pooled & Unlim1tcd
Prima-y Users httQs: llWNW.fi r stnet.comlfi rstnetRTi[llil[~ - - ·--· Primary Users {State/Local Gov) httQs:UWNW.firstnet.com[firstn~QQiQrimar;i -- - -- Extended Primary Users httos:LLwww.fi rstnet.CQOJ ttl [:iitnetextended ----- Extended Primary Users (State/Local Gov) httgs:LLwww.fi rstnetcQQJLfl[:iitnetgovextended Primary Users (State/Local Gov) htt[2s: /[WNW.firstnet.comLfi rstnetgoy_pri mar)l!!!Zm
Extended Primary Users htt!;]s:L[WNW.firstnetcom{firstnetextendedm2DJ
Extended Primary Users (State/Local Gov) htt(;ls:LLWNW.firstos:tcom{firstnetgovextend~QmZm
F1rstNet Enhanced Push-to-Talk Rate Plans
Primary Users httg;;:{(www:fi rstnet cornte2ttonl ):'Qri marx -- - Primary Users (NASPO} htt[2s:{[WNW.firstn~~:;gmLeR!!;onl:i2rimar:ioasi;1Q
Primary Users (NPPGov) httQs:L[WNW.firstng_t,~m{eQttonl;~tQrima(J!ogi2Q~ - Extended Primary Users httQs:[Lvvww.fi C:i:to!£!;.com{!;:gttonly:extgri m8[y:
Extended Primary Users (NASPO) bttps:LLwww.firs!oetcomLeQttonly:extprimsC!lDaSQQ
Extended Primary Users (NPPGov) httgs://www,fir:il,net.comLeottonl~xtgrim~n!Jppgov
F1rstNet Enhanced Push-to-Talk Bolt-Ons
Primary Users httQs:LLWNW.firstn§.l;,!:;omLeR!!;boltongrimar)l
Primary Users (NASPD) httQs:[Lvvww.fic:i:tnf::!;.comLeQttboltongrimgoo~Q:O r-- Primary Users (NPPGov) httnsJJwww .fi rstnftcom LeQttboltongri trl5l:WRQ90V
Extended Primary Users httgs:L/www.firstnet.comLeQttboltoos::xtgrjmary: -- Extended Primary Users (NASPO) httQs:Uwww.firstnet.comLeQttbolton!;lxtpritlli!ry:nasgQ --- Extended Primary Users (NPPGov) ' htt~:Uwww.firstnet.~QmLegttboltonextgrimar~mmQQi
Subscriber Paid https:{{WINW.firstll~!:;QmLeR!!;boltonsubj;laid
©2019 AT&T Intellectual Property. RrstNet, First Responder Network Authority, and FirstNet logo are registered trademarks and set\lice marks of FirstNet, an independent authority 'Nithin the U.S. Department of Commerce. All other marks are the property of their respective owners. 1. What is the Rrst Responder Network Authority? The First Responder NPtworK Authority is the independent ~uthority established by Congress to deliver a nationwide bro~dband network dedicated to public safety. The Network is strEngthening public sThe First flesponder Network Authority is led by a Board of leaders and executives from the public safety community; fede1<1l, state, and local go~ern ments; and the technology, finance, and wireless sectors. It hJs a staff nf abolrt 200 employees with expertise in public safety, telecommunications, customer service, technology, procurement, and other areas needed to develop the NetwThe public safety community united to fulhll the 9/11 Commis•;ion's recommendation. Public safety organi~Oltlons and associations advo,ated before Congress for a dedicated, reliable wireless network for first re~ponders. Their advocacy efforts led to the passage of l~glsl;;tion in :.1.012 to create the agen~-y to deploy the Network in all U.S. st=te~ and tcrritoriPs, including rural wmmunities and tribal nations. 3. How has public sa#@ty been involved in the vision for the First Net network? Public safety oftid;;ls have worked doscly with the ~irst Responder Network Authority since its inception in 2012 to ensure the Network meets fir-';t responders" needs-- todily and 1n the future. The aBency's outreach ilnd consultation efforts have connectPd the organization to more than 1.8 mill inn first responders =nd stall' public s;;fety and technology e~etutlVe<> across the country.
Specifically, the First Responder Network Authority has consulted extensively with state sjngle points of cont~ct ISPOCsl in each of the SO U.S. states, 5 territories, and the District of Columbia, as well aslocal/munic1pal, tr1bal and federal public safety leaders. It also coordinates w1th public safety through the E'ublic Silfety Advisorv Committee !PSAC) which provides guidance and subject matter expertise from a first responder perspective. Public safety leaders :at the national, state and local levels contir1ue to advocate for ;;nd support deployment of the Network. 4. How was AT&T selected to build, operate, and maintain the FirstNet network? The fir.;t Responder Network Authority and the Department of Interior made the 25-year award based on the determination of the overall best value solution for F1rstNct and public safety. The buildup to the award included a fair, competitive proCLJrement process that began In January 2016 with release of the Network RFP. The procurement process followed the Federal Acquisition Regulation (FAR) and encol!r;;ged offerors to provide Innovative solutions that could mf'et or exceed the needs of public safety.
The procurement was open to 0311 entities, whether trad1tion~l wireless wmpanles or new entr jnfo@firstoct gov I l'fflWJirn:netgo¥ I 571·665-6100 6. What are the key terms this public-private partnership? Congress intended for the Network to be built and operated as a public-priv-~te partnership that brings together the best ofthe private sector, includint: commercial best practices, infrastructure, and resources- with the Fir-;t Responder Network Authority's public safety expertise. This approach willle3d to a fully-funded, self-~ustaining Network that will serve public safety for yearo; to come. This business model is built upon the efficient use of resources, infrastructure, cost-s<~ving synergies, <1nd incentive:;, rnduding: 20 MHz of federally owned spectwm and $6.5 billion In Initial funding to the partner-;hip; in return AT&T will deploy and operate a nation- wide high-speed broadband network for public safety over 25 years. AT&T will irwest about $40 billion over the life of the contract to build, opcr. First Responder NetworK Authority will oversee the contract to ens lire it delivers innovation, t<'chnology and customer UJre to public safety through various mechanisms, including subscribf'r adoption targets, milestor1e buildouts, disincentive fu~s and other mechanisms outli11ed in the contract. 7. What will the First Net Network provide first responders that they don't have today? Today, in emergencies and at large events, heavy public use can lead to wireleos communications networks becoming overloaded and inaccessible. In those Instances, public safety users are treated the same :15 anv other commercial or enterprise user, and communication> can be limited due to congestion and capacity issues. Witll the First Net Network, public safety will get a dedrcated "fast lanP~ that provides highly secure communk.ations every day and for ~ery emergency. It will deliver specialized features to public safety that twork technology will also be tested and validat~d through the First Net lnoovation and Test Lab located in Boulder, CO, so first responders will have the proven tools they need in disasters and emergencies. 9. What's happening with FirstNet now? All 50 states, five U.S. territories and Washington, D.C., have uopted in,u to FirstNet, meaning each has accepted its individual State Plan detailing how the network will be deployed in their state/territory. The First Responder Network Authority's public-private partnership with AT&T provides first responders with immediate access to mission-critical capabilities over tile First Net network. This ir1dudes prrority and preemptior1 features that give first responders their own ufast lane~ on the public safety network to communicate and share information during emergencies, large events, or other situations when commercial networks coulci become congested. FirstNet is the only broadband netv.rorK to prol'ide ruthless prf>emption for public safety. Key FrrstNet activities include: Expanding the Network and Building Out Band 14: The First ~esponder Network Authority llas Issued work orders to deploy the RANs. This gave AT&T the g~en light to expand FirstNet's footprint and deploy B info@firstnet goy 1 www.fir~tnet.gov 1 571-665-6100 SHAWNEE COUNTY DEPARTMENT of PUBLIC WORKS 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA. KANSAS 00618-2667 785-251-6101 FAX 785-251--4920 Curt F. Niehaus. P.E. Director of Publit: Works County Engineer MEMORANDUM
Date: June 11,2019
To: Board of County Commissioners
From: Curt F. Niehaus,P.E. ~ ~ Director of Public Wo~~~~e
Re: Approval of Resolution Authorizing the Placement of Temporary NO PARKING Signs in Support of Lake Sherwood's July 4111 Festivities
Attached is a resolution authorizing Shawnee County's installation of temporary NO PARKING signs along various roads in the Lake Sherwood area in support of the Sherwood Lake Club's Fourth of July festivities. The specific road locations are listed in the resolution.
A check in the amount of $95 and payable to Shawnee County Department of Public Works was included with the attached letter from the Sherwood Lake Club. This will fully offset an expense invoiced to the County by Mather Flair for the placement of barricades.
The County Counselor's office has reviewed and approved the attached resolution for form and legality,
Thank you for your consideration of this request. SHERWOOD LAKE CLUB 6010 SW FOUNTAINOALE RO TOPEKA, KS 66614
Janet Morrissey Shawnee County Department of Public Works 1515 NW Saline Topeka, KS 66618
RE: Request for signage for July 4'h festivities
Ms. Morrissey: The Board of Directors of Sherwood Lake Club are again seeking the County to approve a resolution to address traffic consestion during the July 4, 2019 festivities planned at Lake Sherwood. The Board seeks the followins:
·1. No Parking signage on the south side {lake side) of Sherwood Court from Fountaindale Road to Nottingham. 2. No parking signs on the north side of Fountaindale Road furm the intersection of Urish Road going west to Friar Road. 3. No parking signs on either side of Urish Road between Fountaindale and Sherwood Court. 4. Barricades for the parade at Fountaindale and Friar Road, at Fountalndale and Sherwood Court and at Nottingham and Sherwood Court.
Events are planned primarily on July 4, 2019 so signs can be placed on July 3n1 and removed on July s•.
Enclosed is a check for $95 for the fee for the above services. If charges have increased or you have any questions please contact me at · . .5'01-:,<::o'l Thanks in advance for your assistance in making this ev-ent a success again this year.
Si~ Brett Meggison Vice---President, SlC Board of Directors
RECEIVED
,JUN I 0 '- L''I' . ' SHAWNL::l COUNTY PUBLIC WORKS RESOLUTION NO. 2019-_35
A RESOLUTION AUTHORIZING TilE PLACEMENT ANU MAINTENANCE OF CERTAIN TRAFFIC CONTROL DEVICES
WHEREAS, The Board of County Commissioners of the County of Shawnee,
Kansas has authority under K.S.A 8-2001 et seq. 10 regulate, warn, and guide traffic
upon all streets, roads, and highways under its jurisdiction; and
WHEREAS, the Sherwood Lake Club Board of Directors has requested
permission to post temporary "No Parldng" signs on certain streets aroWld the beach area
approximately every 100 feet. Installation of the signs should be made no later than 4:00
p.m. on Wednesday, July 3, 2019, with removal on Friday, July 5, 2019, for the purpose
of hosting the annual Fourth of July activities;
NOW, THEREFORE, the Board of County Commissioners of the County of
Shawnee, Kansas, meeting in regular session this ___ day of ______, 2019, does hereby resolve as follows:
I. Traffic Control Devices shall be placed and maintained at the location(s) indicated below:
DEVICES' NO PARKING sign.s PLACED BY: ShaYmee CoWlty Public Works Depattment MAINTAINED BY: Shawnee Cotmty Public Works Depru.tment
LOCATIONS' Sherwood Court- south side (lake side) of Sherwood Ct. from Nottingham Rd. to Founta.indale Rd. Fountaindale Road- nmth side ofFountaindale Rd. from the intersection of Urish Rd., west past the Sherwood Clubhouse at 6910 Fountaindale Rd. and ending at Friar Rd.
Urish Road I Nottingham Road- both sides ofUrish Rd. between Fountaindale Rd. and Sherwood Ct.
RECOMMENDED BY' BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS
Curt~L·4~ F. Niehaus, P.E. Robert E. Archer, Chair Director of Public Works
William D. Riphahn, Vice-Chair
Kevin J. Cook, Member
ATTEST'
Cynthia A. Beck, Shawnee County Clerk
APPROVED AS TO FORM AND LEGALITY BY THE SHAWNEE COUNTY COUNSELOR'S OFFICE OATE C.-11·1~ BY ftl'/ •
2 Shawnee County c; I. Sheriff's Office Sheriff Brian C. Hill Law Enforcement Center
320 S. KANSAS, SUITE 200 TOPEKA, KANSAS 66603·3641 785-251-2200
MEMORANDUM
June 6, 2019
To: Board of Shawnee County Commissioners
From: Sheriff Brian C. H1ll
Re: Reclassification of Communications Assistant Director poSition
This memorandum is to notify the Board that I have reclassified the Assistant Director position in the Communications Division of the Shawnee County Sheriff's Office from a Classified Grade 19 to Exempt Unclassified Grade 70.
This position will primarily oversee daily operations of the Communications Center, assist in large scale technology advances such as new mapping of the 911 phone system, CAD enhancements and upgrades as well as being familiar and assisting with the management of the Radio infrastructure and shop.
We have opened this position internally and have selected a very qualified candidate to fill this position Due to the candidates previous time and qualifications I placed him at Step 5 at an hourly rate of $33.31. I would request this salary be backdated to June 1, 2019 after BCC approval.
Lastly, I request to fill any subsequent vacancies as a result of filling this position.
Please place this on your June 20th, 2019 consent agenda.
Sincerely,
~~~M Brian C. Hill Shawnee County Sheriff