BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, JUNE 15,2017,9:00 AM COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS
II. UNFINISHED BUSINESS
III. CONSENT AGENDA
1. Consider authorization and execution of Contract C203-2017 with Immix Technology, Inc. for annual maintenance ofthe Oracle Linus Basic at a cost of$1,154.30-District Court.
2. Consider approval of payment of final expenses in an amount of$350.00 each for Bradley Liles and Phyllis Irene Clark-Coroner.
3. Consider authorization and execution of Contract C204-2017 with Sreeranjini Bangalore to instruct fitness classes at a rate of $15.00 per hour-Parks and Recreation.
1 4. Acknowledge receipt of the June 28 h, 2017 Kansas Expocentre Advisory Board agenda and minutes of the May 24th meeting.
IV. NEW BUSINESS
A. COUNTY CLERK- Cynthia Beck
1. Consider all voucher payments.
2. Consider correction orders.
B. BOND COUNSEL -Bob Perry
1. Acknowledge receipt of petition and consider approval of Resolution No. 2017-29 creating the Timber Ridge Subdivision Street Benefit District Phase IV, authorizing the construction of streets therein, and assessing all cost of the construction and installation of the improvements against the lots benefited thereby-Commissioner Archer.
2. Consider approval ofResolution No. 2017-30 authorizing the issuance of not to exceed $5,000,000 aggregate principal amount of revenue bonds (United Methodist Homes, Inc.), Series 2017, to provide funds to acquire, construct, install, equip and furnish additions and improvements to a continuing care retirement facility leased to United Methodist Homes, Inc. and pay certain costs related thereto-Commissioner Archer.
C. SHERIFF'S OFFICE -Sheriff Jones
I. Acknowledge receipt of correspondence from Sheriff Jones regarding renewal of a maintenance contract with Motorola (Contract C205-2017) to provide advanced network inspections and preventive maintenance to the Shawnee County radio communication network, resulting in an increase in fees of$15,I46.04 for a total cost of$236,991.00 with funding from the 9II funds.
D. HEALTH DEPT.- Linda Ochs
I. Consider authorization and execution of Contract C206-2017 with Lamar Advertising for education and awareness of the Kansas Tobacco Quitline through advertising on two billboards, paid by KDHE with no cost to the County. E. PARKS+ RECREATION -John Knight
1. Consider approval to fill a vacant Park Police Officer position at a salary, including benefits, of $54,276.00.
2. Consider authorization and execution of Contract C207-2017 with LaborMAX to provide 13 1 temporary staff for eight hours for the July 4 h Spirit of Kansas activities at a cost of$1,414.40 with funding from the Parks + Recreation 2017 budget.
3. Consider approval to solicit bids to replace the existing artificial turf on the Jerry Robertson Field at an estimated cost of$250,000.00 with funding from the Capital Outlay Fund.
F. PUBLIC WORKS/SOLID WASTE- Tom Vlach
1. Consider Change Order No. 1 to Contract C 164-2017 with Bettis Asphalt & Construction, Inc. increasing the original "As Bid" contract amount by $26,742.50 for the S. Topeka Blvd: SW 57th toN. ofSW Airport Drive cold and overlay projects.
2. Consider awarding the bid for asphalt milling of an estimated 65,500 square yards to Bettis Asphalt at an estimated cost of$121,175.00 with funding from the 2017 Public Works Road Maintenance Fund.
G. ADMINISTRATIVE SERVICES- Betty Greiner
1. Consider approval of request to sell surplus property including miscellaneous computer equipment and a 2000 GMC Safari Mini Van and a 1992 International custom van-TURV.
H. COUNTY COUNSELOR- Jim Crowl
I. Consider authorization and execution of Contract C208-2017 with Cook, Flatt & Strobel Engineers to conduct a land survey related to the Kansas Expocentre renovation project at a cost of $24,000.00.
I. COMMISSION
1. Consider approval of Resolution No. 2017-31 appointing Rebecca Cartmill as the Director of the Shawnee County Department of Community Corrections, effective June 15, 2017 at a salary of $77 ,688.00-Commissioner Archer.
V. ADMINISTRATIVE COMMUNICATIONS
VI. EXECUTIVE SESSIONS :JIL -I
KANSAS DISTRICT COURT EVELYN Z. WILSON Shawnee County Courthouse CHARLES L. HYDOVITZ Chief Judge 200 S.E. 7th, Suite 406 District Court Administrator Topeka, Kansas 66603-3922 (785) 233-8200 Ext. 4018 Fax (785) 291-4917
TO: Shawnee County Commissioners r J.L-_.. FROM: Charles Hydovitz, District Court Administratorl/V'\) DATE: June 8, 2017 SUBJECT: IMMIX TECHNOLOGY MAINTENANCE AGREEMENT ($1,154.30)
Presented is a quote from Immix Technology, Inc. for Oracle Linux Basic support for a total of $1,154.00 per year. Shawnee County Information Technology does not use this product. As a result, it is unique to the Court.
Thank you for your consideration and approval.
CH SHAWNEE COUNl~ C.,d-02> --Ol-0 \ 7 CONTRACT A -· . immixTechnology, Inc. Sales Quotation a subsidiary of 0 lmmlxGroup
Stephanie Theel Contract No.: OPEN MARKET-1M Shawnee County District Court , PH: 785-233-8200 [email protected] CAGE Code: SCA29 DUNS No.: 09-869-2374 TAXID#: 54-1912608 Terms: NET30 FOB: Origin
Order/Payment Address: Quote Number: QU0-781544-B3D8Z7 immixTechnology, Inc. Quote Date: 5/30/2017 8444 Westpark Drive, Suite 200 Expiration Date: 6/29/2017 McLean, VA 22102 PH: 703-752-0610 FX: 703-752-0611 EFT: BB&T Routing No. 055003308
immixTechnology, Inc. Lee, Vince Contact: 571.405.2952 Vince [email protected]
Manufacturer Quote #: Manufacturer Contact: Girotra, Vineet Manufacturer Ref#: 512-501-7169 [email protected]
This quote is for budgetary purposes only and is subject to Oracle approval.
The subscription items quoted hereunder are categorized as SIN 132-34, and will be subject to billing quarterly In arrears.
CSI# 18188329
Oracle has made the software available to the end user for electronic download at the electronic delivery web site located at the following Internet URL: http://edelivery.oracle.com once the Customer's Purchase Order is received by immlxGroup. Through the Internet URL the end user can access and electronically download to your location the current production release as of the POF effective date of the Software and related Documentation licensed under customer PO. Provided that the end user has continuously maintained Maintenance Service for the software licensed under this PO, the end user may continue to download the Software and related Documentation licensed under customer PO. Please be advised that not all Software programs are available on all hardware/operating system combinations. For current program availability please check the electronic delivery web site specified above. The end user shall be responsible for installation of the Software.
Open Market items are subject to the attached Terms and Conditions.
Taxes: Sales tax shall be added at the time of an invoice, unless a copy of a valid tax exemption or resale certificate is provided.
All Purchase Orders must include: End User Name, Phone Number, Email Address, Purchase Order Number, Government Contract Number or Our Quote Number, Bill-To and Ship-To Address (Cannot ship to a PO Box), Period of Performance (if applicable), and a Signature of a duly Authorized Representative.
The identified line items are Trusted Products under the immixGroup Trusted Supplier Program. immixGroup Trusted Supplier Program Policies, Commitments and Guarantees/Warranties can be obtained at: http://www.lmmixgroup.com/uploadedFiles/Trusted-Supplier-Program_Guarantee-and-Warranty.pdf
Ail Pricing Information Is confidential Page 1 of 1 Quote# QU0-781544-B3D8Z7 Approved as to Leeality and Fonn: Dafe ~J, [1 n..~ immlxTechnology, Inc. •MM....,.,.o....,...... -. Sales Quotation ORACLE;:' immixTechnology,lnc.
Slej)hanle Thuf Cont,r011etNo.~ --~------·r------~------~-~.~·~·~~~·~~~-~~ Shawnee COUnty Dlstrld CQ\,1rt All n:fen:nces to OmcJe in these Tenns ard Cond,ltloD$ should be read a.s .. Contmctor(imtnlx'I't:elqJology. Inc.), , PH: 785-233-8200 acting b)· and through ils supplier, Oracle." alheei(Jthawneec:ourt.org CAGECo1f11 3CAa9 DUN.SHa,! ~237~ TA,lCIDI: 5,MS126(11 J:E!II\JS MID CONDI'IJO~ fQR OJ!4CLEPRODIJJ;IS AI)'W0!15,ERVI~Eijl ...... NETto FOB: 0 ..... OMPJ' IJCEI!JiEAND §ERYICES TEI!J)IS AN!!. CjONDJUONS ...... ,._On:I•IPa)'mlntMd..u: ..... A. A&,l"t'Cmtn£ Ddlnil1ons QuoteNumbll: QU0·711S44-S:JDIZ7 to c.~t:eeutcd Quot.Pat•: 51301lOt7 &t44 WMiplllt Dri\Ni, Suite 200 ••You.. and ..you{' refers the individQ:JI or entity th.1t has this agreement ragn:emcml") and ordered &plnltlonDat•l C/2912017 Mo;Uan. VA 22102 progmms andtor scniccs from Omc:lc Am:rica.lnc. or an aqlhorizcd distn'butor. The len:n .. anc:Uia.ty programs" PH:703-752..0SIQ FX: 703-752-0611 refers lO third pa,rty rm.terials specified in the progr.un doc1,11nentntlon width may oDJy be f,l.5ed fort.he purposes or EFT: BB&T inst.1llfng oropc:mting the prosmm$ with which lhc ancillary program.s me deli\-eml. The tenn ..program ROIItlng No. 055003308 documentation" ref~rs lo the program user mapual and program installation nmnua.ls. The term .. JUOgm,tn$" refezs lmmlr.Tichnology, Inc. to the sofi\\'11'0 pmch! B. Applltablllty of Ag.....,enc This agreement is \'alid for the order which this agreemcDl accompanies. C. Rlghb Gl'lnled 1llb qUCU It fot budgtlary purpos• ontt and 111ullp:ct to oradlappnwat. Upon Oracle's acceptance ofyou;rordcr. you han~ the non-exclush"C, non-assignable, royalty me, perpetual (ll.nle~ Thll aublellpllon Rims qi,Wd hlreund11 m categorized 1o1 SIN 132-3.&, •nd wB be slbjlcttoblllng q~,~:altlutyln 111'18111'. othemisc specified in the ordering document). limited right to use- the progranas and I'L'Ceh'C an)" senices you cs.-1atwu onkn:d solely for your internal business opc:mtions and subject to the tcnns of this agreement, including the defmidonsllod rules set follh in the onler and the prognun doeumc:ntatlotL You mar allow )'Our ogents and contractors (inclucUng, \dlhout limitation. oU150lllteB) to use the progroms for this purpose ond you an: responsible for their compliance \\ith this apementln 511Ch usc. ForproJPlllllS that.., speciflcally designed to allow your customers and wppliers to inlemct \\ith you in the furthi:I"B11CC ofyour internal business opc:mlions, such usc is aUO\I' The scrviccspnnidcd urxletlhfs ~nt maybe relaled to yo~,tt lkcnsc to usc pmgr.uns whlch)"OUacquire under a sepamte older. The agreement rcfenmccd in tbat ordersball gonm rourusc of such programs. Aqy seniccs aequin:d ftom Oracle arc bid sepamtely from wch program Ucenses, ard you may acquin: either services or such program licenses \\ithout acquiring lb: other. 09tn l.larla!:t llllfNI are ~b)Kt to !he attachocl Tenns and Conditions. D. Chmenhlp aad Rcstricdoqs Ta:ns: Salas tax shall be added at 1he lime of an lnYalc.e, unless a copy of • vaBd tax exemption 01 Nsa!e celtflk:ate ls pnMded. Omcle or its licensoos ~ lmmlxTechnology, Inc. Page 1 reformalhtd 03.25.2013 Page 1 of1 Ouot1 I CUQ.711M4.S3DIIZ7 ORACLE' immixTechnology, Inc. ORACLE' immixTechnology, Inc. uubsldar,oof'O~ .uv~M:~a.,..rO~ agm:menL material \Maleriai") furnished by either you or Oracle ("PrQ\idci' wldch may rtfertoyou orOmc:lc depending on Youmaynol: which party pro\-ided the Material), and nsed by the Recipient infringes its loteUcctual propelly rights, the Provider, rei'DO\"C or modify any prugram 1111llldngs oraqy mticc of'Omclc's or its licensors' propric:tru:y rig~Us; at its sole cast and ~nse. "ill. except when: protu"bited by applicable law orn:gulation. defend the Reclpkml make the programs or materials resuitina: from the scnices ao."ailable Jn aqy manner to any thhd party for against the claim and indemnify lbc Rc:c:ipJcnt fmm the damagcs.liabiUtles. costs and e.'q)C:nses awarded by lhe use in tJ.e. thhd party's buslnc:ss opcmdons (unless su:haccc:s.s is e~rcssly pc:nnitted fotthe specific coullto the thild party claiming infringement or the setdement DgJ«d to by thc Provider, Ifthe Rcdpiem does the prognun license ormRic:riaJs f10m the sei\'Jccs you ha\'c acquiml); follo\\ing: cause or penni! m~rse englncerins (unless a TO THE EXTENT NOT PROHm!TED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND H. TedlniCAI Support THERE ARE NO OTHER EXPRESS OR 11\IPLIED WARRANTIES OR CONDmONS INCLUDING For pwposcs of the onlerins doeumc:nt, tcclmical support consists ofat111ualt lmmixTec:hnology, Inc. Page2 refonnaU:ed 03.25,2013 lmmlxTedlnatagy, rnc. Page3 raronnatted 03.25.2013 ORACLE' immixTechnology, Inc. ORACLE' immixTechnology, Inc. U1.1\11.16urot0~ oll~l)'of0~'UC SPECIAl. PUNITIVE, OR CONSEQUENTIAL DAII!AG~ OR A1!Y l.OSS OF PROFITS, IIEVENI,JE, Ityou decide to purcltJ,se &ecbnical support for any license \\ilhin a license scr. you nre required lo purci14$C DATA, OR DATA USE. ORACLE'S ~!AlOJIIUI\1 LIABILITY FOR ANY DAI\IAGE$ AWSING OUT OF ~hpica! support ntlhc same IC\-el for all licenses within th.'\t license seL You may dcsupport a subset of licenses in OR RELATED TO THIS AGREEMENT OR YOI,JR ORDER, WHETHER IN CONTIIACI' OR TORT, a license set only if)'OU agree to tenninulc rbat subset of liccD$CS. Tb; tcdmlcal support fees for the remaining OR OTHERWISE, SI!ALL DE l.IADTED TO THE AIIIOI,JNT OF THE PEES YOU PAID ORACLE Uccnscs\\ill be priced in ~n:lance "ilh the tCC"h.nical suppart policies in etrecl at the time ofh:mtinatioll UNDER THIS AGREEMENT, 1>110 IF SUCH DA~!AGES RESUJ.,T FROM YOliR l,JSE OFPROGIWIIS Omclc'sllccnsc set definition is 8\'allahtc In the cuncnt technical support policies. If you decide not to purch.l$c OR SERVICES, Sl,JCH LIABILITY SI!ALL BE Lll\UTED TO THE FEES YOU PAID ORACLE FOR tech,nical svpport, you may not update any unsupported program licenses "ith new \"erSions oftbc program. THE DEFICIENT PROGIW\1 OR SERVICES GIVING RISE TO THE LIABILITY. I, End of Agreement N.EIJ10rt l)pon tcmdnation. and e.\'CCpC whenlproh;bited by laworn:gulalion, Customer nlll$l pay \dlhfn30 days all DIOOlPlts E:qx>rt ilm~ and n:gulotions ofthe l)nlkd Slates and IIJIY oilier rc!C\oant loc:alc:qx>rt ilm~ and Mgujalioll$ apply to which lm"e accrved prior to such end. as weU as all sums remaining unpaJd for propams ordered andl'or servkes t,bc programs, You og~te that such c",art conlrollaws gD\'Cmyourusc ofthe pi"'pUUl$ (Including technical datn) rteci\"td wxlcrthis ngn:cmcnt. E'tttpt for nonpayment of fees,.lhc non-bn:ac:bing party may agn:e in its sole and any scnices dell\-crables provided under this agreement. nnd you agree to comply \\ith an such C.'l'Ort Jaws apr;! d.isc~lion to 01end t.he 30 day period for so long as the bn:ac:hing port)• conlinues reasoll3ble cffotts 10 a,ue the Mgul>lions (inciudi"!! "dc:emcd e:q>ort"' and "deeroed re....,.rt• "'gulations). You agm> that no data, fnlbnnation, bleach. You ugn:e lhat ityou a,n: In brrach under this agreement, you may not usc li10Se progmms and/or senices pmJlllliRand/or materials zesultin8 from seni<:es (or din:c:t procil>cllhei fmmlxTedlnology, Inc. Page4 refannatted 03.25.2013 lmmlxTechnoklgy.lnc. PageS refonnaned 03.25.2013 ORACLE' immixTechnology, Inc. ORACLE' immixTechnology, Inc. aauWc~~rvotO~ .asubskbryvf0 ~ Q. Tetm.J Spedf"IC to Hardware and Hardware Support Senices g. You acknowledge that to operate ccnain hardware your facility must meet a minimum set of 1. HardwaR Composition .requirements as described in the h:ud\\1Ue documcnlAtioJL Such n:quircmcnls 1M)' change from time a Yaur haldware order may consist or tha foUowillg componenu: operating system (115 defined in your 10 linte, as conuntmicated by Oracle to you in the applicable hardware clocumenladon. configuration). integrated softwan:: am an hardware equipment (including components, options and ssxuc parts) specified on the appliable order. The tenn .. hard.wan:" is defined as the lwdw;uc 2. Use Restriction The hatdwrue is not specifiCally designed, manuf'aclun:d. or intended for usc as parts. obtain a right to allow Cor continuc:d use. or if lhese altemath-es me not com.me1ciatly asono~ble. the 4. Delh·ery, lnstallatlon and Acceptance or Ifardwa~ PlO\•idcrma:y n:n'IO\-c the applicable lwdware (orport,ion thereof) and n:fwv:l the net book value." a. You ate responsible for installation or the hardware, unless you puzchnsc installalion Kl'\iCCS from c. Technic.1l Suppon Omclc lli!h rupee! to such ft:IJOO·an:. Add lho following puagmphs atlho end oflho Teehaical Suppon section of!he llJ!O:Cmenl: b. Omdc nill deth·er the lrudwure to lhe dcU\"CJ)' address specifled by you on your pun:ha$ing ..OmclcHa,cdwarclUXI Systems Support ac:qu,btd \\il.h)"OUrordermaybGrencwedanmW!y and, ifyou doC\lhlenl or when )'OW purchasing doa,unent does not indicate a ship 10 add~ss. tOO location renewOmclc Hardware and Systems Support for lbc same systems and same confipmtlons. for the spec:ified on the order. The applicable CCUlUJy spcd.liC h:udwwe shippln& tcml$ am located in the first and second renenal years the tcclmicalsupport fcc '\\ill not Increase by nXIn: than 4%0\-ertbc Order and Delh·el)' Policies, which may be tlCCeS$td al htJ;p•llgm~q;J¢ rnmfrnJdOJfls prior year's fees." c. Rcscl'\-ed, "Ironlcn>l. Omcle Hanlwwe and Syslems Support (including fiostyearand all subsequent y03)S) Is d. Rescn'Od. pro\ofded wxJcrOmcle's HaJdware and Systems Support Policies in ctr«t at the time 1hc scnices""' c. Omclc m:w make product substitulions and modincationsthat do not c:aU$C am.1tcrial ad\-erse effect pro\ide:d. You agJeC to cooperate wid1 Olilc:lc and provide the acce.ss. n:souttes. materlnls, in 0\-erall bard\\'DJC performance. personnel, information. and consents that Oracle may Rquirc in onltr 10 perfonn tiM: services. The r. Omclc ui11 U$C its reasonable conuncrcial efforts 10 dclh-erthc houdwan: \\il.hin a timeframe Umt is Oracle Hard\\wo and Systems Support Policies, incciJlOnlted in this agn:ement, am subject to chaagc consfsteru. \\ith OmcJc•s past pliK'tiees n::g.mling d~ amount and 1ype ofh:!.rdwnro that you ba\'C at Oracle's discretion; bowcrcr. Oracle "iU not materially n:ducc the le\'Cl of services provided during onlcr 1mmlxTechnclogy. Inc. Page& reformatted 03.25.2013 tmmlxTechnology. Inc. Page9 ntfonnalted 03.25.2013 ORACLE' immixTechnology, Inc. ORACLE' immixTechnology, Inc . .Uvbttclli1Jof0~ .uubsklllratO~ '"You may not assign this agreement or gi\-e oruansfer tbc progr.u:ns.lhe opemting system. lbc inlegr.lted c. Rcsen-ed. software andlor any senices or an interest in them to lU101hcr individual or entity. lf)'OU grant a sec:urity d Rescn-ed. interest in the programs. the opemting S)'stcm. the integrated so&nnu and/or ;my services dc:lk-ernbles. the •. Resen'Cd. secumd pa,rt;)• has no right 10 usc or transf"cr the programs. 1M operating system, the integmted software r. Resen-ed. and/or :my sen'ites deli\'embles. and ifyou dc:cidc to finance youracquisllionoflwdwaru. programs g. Rescn-ed. andlorany senices. you will follow Omcle•s policies regarding financing which arc at hllyJ/orac:le.comlconbacts. Thefon:going shall not be: ccnstJucd to limit lho rights )"Ou 1113)' olhomise T. U(tft!c Deftnltlons and Rules ha\oe with respect to lhc llnu.'t opcmting system. third party technology or separate works Ucenscd under To fUlly wtdersland your license: gmnt, you nc:ed to re\iew lhr: defuUtionforthe licensing metric and lenn open soun:e or similar license terms." designation as well as the licensing rules which arc incorporated in and made a pan ofthis agreemert. S. General ~nns Uqnsc Dd'initlons and Rulet 1. InspcctfoQ/Acceptance. E.'\"Cept as olhenvisc pm\'ided below, the Contractor (immi.Xfec:hnology, Inc.) can only. Deftgl!fom and Uc;we Mc:lrig and shall only teoder for acceptm:e those items that substantinlly confonn to l.hc softwan: manufactmer•s Adapter: is defined as each softwnrc code interface • .installed on each Oracle Internet Application Sen-er ("Oracle.. ) published specifications. Tbereforc. items dtti\"c:red shall be considered DCC'tpted upon deli\'"l:ry. The Enterprise Edition, which facilitates communication of information between each version of a thinl partr software Go\-emment menu the right to inspect or leSt any supplies or senices that ha\'e been deli\-crtd. Titc Oo\-e111m1:nt application or system ad Oracle progmms. mar require repair or reptacemem: of moconfonning supplies or rc--performance of ooDCOnforming services at no S~l Annual TransacUon Volume: is defliiCd as one million U.S. dolhus ($1,000,000) In 1111 pw !mmlxTechnology, Inc. Page 10 refonnalted 03.25.2013 fmmlxTecf'Vlology, Inc. Page 11 refonnatlad 03.25.2013 ORACLE' immixTechnology, Inc. ORACLE' immixTechnology, Inc. UubskiiJ1of0.~ .11\l~of·~ Collaboration Program User: is defined as an lndMduaJ authorized by you to 1,ISC l.hc programs whic:h are Softw:u~progr.apt. installed on o single sen-eroron multiple servers n:g.vd!ess orwhether the individual is acth•ely using the progrnrns .Electronic Order Line: is dcfmed as the total nwnberof distinct order Unes enlcnxlclecbonically into !hcOmclc at any gi\'CRilmc. For tile JliiiJ'0505 of counting and licensing tile IUirri>croCB lmmlxTachnology, Inc. Page 12 reformatted 03.25.2013 tmmlx.Tec:hnology, Inc. Page 13 reformatted 03.25.2013 ORACLE' lmmlxTechnology, Inc. ORACLE' immlxTechnology, Inc. ullbskl:lrv•O~ .ss~ryof. Nnb(i."Ctl) In addition. each year 90 days before the anni... ers:uy dare of your order. you are required to report to Oracle lhc income (interest income and non interest income) before adjustments for expenses and ta..'\"e! gencmted by you IUirri>crofl!nb:opriscFT!! StudelliS as orsnc:hdate. during a fiscal year. The \"aluc of these progmm licenses is detennlned by the amount. ofEnterprisc SM in Re\-enuc. Enterprise Tndnte: Enterprise Trainee is defined as an employee, contmclor, student or other person who is For these program JiceMCS, the licensed quanti~ purchased rnu.sc,. at a minimum be equal to the amount of being n:corded by the progmm. nv: nlue of these program licenses is determined by the number of Enlerprfse Enterprise SM in Reverme as of the e.lfecth"C date of)-ourordcr. Ifat .aro· time the DJOOUt1l of Enterprise SM in !minces. for these prognun tlcenses. tlletlcensed qooanll~· pwchased must. at a minimum, be equal to the nwnbcr Rt:\-enuc t:Xcet:ds the licensed qwuttily. you :ua n:quhtd to order additional ticei1SCS (m:l technical support for sU<:h of Enterprise Thlinces as ofthc effecti\-e date ofyoor order. Jfnt any time the number of Enterprise Tminees additional licenses) such that the amount of Enterprise SM in Rc\·enuc is equal to orless than the llWllber oflicenscd ~..,...,the licensed quanlity,you.., ""'"in:d to onlerodditional tlcenses (and technical support for such quantity. You ate not endUed to any refund, c:zedit or other comidcmlion of any kind ifthere is a redudion in the addltlomlliccnses) such tbat the number or Enterprise Tndnces is equaiiD or less than the liceosed quantity. You amount ofEntefpriseSM in Re\-enuc. In addition, eachyear90 days beforetbciiRilh"'ClSm)' dale ofyour order, you are not endded. to any refund, creditorothercansideration of any kind if there is a n:duction in thelltllOOcror arc required 10 report to Oracle the number of Enterprise SM In Re\-enuc as ofsuch date. Enterprise Ttainecs. In addition, cnc:h year 90 days bcfon: the anni\"CJSai)' date or yotar order.you are mtuin:d to Es:adata and Esafogic Elastic Cloud Installation Seniees. Star1-Up Packs and ConfiguratloniUpgnade report to Orocle the number of Enterprise Tlaiuees as of such date. Senices: a description of suchE.uchta andlor E.'Cllogic Elastic Cloud scrvicc(s) is found in the Ach-anced Enterpr&c SM In Cost or Goods Sold: I!mcoprisc SM Cost of Goods Sold is defined as one miliion U.S. doUm Customer Sen ices section at"'"'' qmcls com{cpntmcts and is incorporated by R!fcrcncc. ($1,000,000) in I! single product or scn·ice or lo pay related la.'\es, materials nndlor ~]Jenscs. Learning credllS an: non-tr.vzsferoble senic:es. You may obtain Omc:1c Softw:m: Update Ucei\SC & Support senices for the MySQL Commun.it;>• and nan-QSsigmblc. You may be required to execute Sland;ud Oracle ordering materials when using le:vnlng Edition wbscription licenses atony lc\-el (C.jh at the MySQL ClustcrCturicr GJade I;dilion 10\-c~ at the MySQL cn!dits to order producfl or &ervices. EdcJpriso Edition IC\"CI and/or at the MySQL Standaol EditloniC\"1~ AI the end of the spccfrled term, )'OU may S~lln Managed A!Jots: l,s defined as one million U.S. dollan ($1,000,000) ofthe follo"ing l01al: (I) Book renew your subscription, iJ;n'DiJable,. at the then C1Jrtent fees for lhc appUc:ablc subscriptioJL If you cftoosc nor to ''Otluc oftm-e.stment in capital leases, din:c! rmancing leases and olher finance leases, includin,: residuals, whether rencwyoll:l' subscription, your right to use the progmnl(S) \\ill terminate and you must de·•J all appUcatlons, owned or mannged for others. ac:tk·c on the program. plus (2) Book \'Dl\tC of assets on opcmting Jcascs. whelhcr tools, and blmries provided to you under the apptic:ablc non-Community Ed.ftlon license (e.g., tile llccD$C for owned ormanaged.!oro(Jw:zs, actk-e on the program,. plus (3) Book\uluc otJoans. DOtes, conditional sales c:onlrnt:ts MySQL ClustcrCanier Grado E'didon,MySQL EntcJprisc E'dilion8!1dforMySQL Standaol Edition). Ifyou do and other receivables, ouned or managed forot,heJS, active on the pmgr.un, plus (4) Book \'llluc of non earning not n:new a subscriplion, yon \\ill mt rccci\'C any updates (including patc:hcsor subsequent \'ersions) and you 1118)' assels. owned or managed forolhcrs, which wen: pn:\'iously leasedandac:th-con thi:: program. including ~Is from also be subject to n:fnstatemcnt fees if you Iuter choose to n:act.h':UC your subscription. term tcnninal lmmixTec:hnofogy, Inc. Page 16 refonnatted 03.2~13 lmmixTeclmology, Inc. Pa:ge17 rerannatted 03.25.2013 ORACLE' immixTechnology, Inc. ORACLE' immixTechnology, Inc. IJuln.fcl;rtyllfO~m~naG~o.o •tubdd;HyCII6~ aullmized by you to usc lhc programs which arc: installed on a single scn-eror multiple sen"Crs, reganlless of be cowtted for the purpose of detemdning the nuni>er oflicenses rcquhed. whether or not the indhidual is ac:ti,·ely ming lhe programs at any given lime. For the pwposcs of1hc folloning programs: iSuppon, iSto~ and Configumtor. only the processoa on which Orade Financing Contract: is a contract between you and Oracle (or one ofOmcle's affiliates) that pRnidcs for lliemol Application Sen-cr(Standaol Edllion l!Jld/orEntcJprise Edition) and the lic:ci15Cd pmgr.un(c.s,ISupp>tt, JXIYmenls 0\'CI' time or &Orne or all or lhc sums due wxlcryour older. iStore and/or Contigumtor) IU'C running mus1 be c:ounred for the pwpose of determining the number of licenses Omcfe StnodanllrutallatJon Seniccs: a description of suchhard\Vare lnslalladon setvice(S) is fourd in the mquln:d for the licensed poogmm: under these Hccnsesyou may also install and/or run the li«nsed pmgmm on the Advanced CUstomer Servic:c:s section at"""' gmclg com(rnQimc;IS and is incoEpOrated by refcnmcc. proc:cssors where a lkcnscd Oracle Daudme (Standani Edilfon and/or Enlezprisc Edilian) Is irstnlled and/or Onler Uac: is derUICd as the l01alllllmllerofon!erC!liJ)•IInc ilcnb piOCCSSed by the pmgr.un during a 12 100mb nmnlng. period. Multiple order cnby line items may be cnlered as part or an indi\idual euslomer order or quote and may also For the pwposcs of the foUO\\ing programs: Configuration Management Pack for AppUcations, System be auiOnmlically scncml income and non inlerest income) before adjust,mc::nl5 for expenses and ta~ gcnemted by you cf\lring a fisr.'ll year for Retail Rcg(stcr. is def'mcd.as811)' dc\ice designr:d to ~nlw partofasa!es lmpS;tclioa the procfucllincs for which the programs me used. RosetlaNtt Partnct Interface Processes I' (PIP•!'): are defined as bu.slnc:ss processes bctwten trading pcutners. Record: 'l"'he Customer Hub 828 is a bundJcthatlncludcs1wocomponents. Siebel Unh'Crsal Cuslomerf!-olastcrBlB Pnxonfigurrd systcm-to-5)•stem XML-bascddialogs for the relevant E-Business Suite Application(s) arc provided. and Omc:lc CUstomer Data Hub. For the PUJP05CS of the CUstomer Hub 828 application, n:cord is dertncd as lbc Each p~n.figurccl PIP inc:ludes a business doc:wncnt \\ith the \'OClbubuy and a business process \\ith the tot:JI number of unique customer d.:llab:Jsc records stored in the Customer Hub B2B Dpplication (i.e., stored fn a choroography oflhe messaF dialog. component of a.utomcr Hub 828). A customer database rocord is a unique business entity or company record. Rule Set: is defined os a data rules file contnlnlng content for 11 gj\'CnCOUntl)' in order to perform daln quality which is stored as an actoi,I,Jil for the Siebel Uni\'crsaJ Customer Master 828 product or as an orpniznlion for lhc runetJons optim,lzmforth:n.counuy. O!o<:lc CUstomer Data Hub prodQCL Sen·er: is defined as the C:OqJUlet on which the pro&JlUIIS are Installed. A Sen'Cr license allows you to usc the The CUstomer Hub B2C is a bundJc that includes two components, Siebel Uni\-crsal Cuslomer M1151cr B2C aPi licensed program on n single specified computer. Oracle Customer Data Hub. For ll1e pui'}XIses oflhe Cu5toD11lrHub 82C applicalion. rmmt is definedaslhe lO!al Senicc Order Line: is dermcd as the total nulf'iH:rof service order miry line iterm: prt)CeS5ed by the program mumer of unique cnston~rdalabase records ston:d in the CUstomer Hub B2C applic:~tlon (I.e .. sto1':4. in a during all month period. Multiple service order entl)' line Items may be enten:d as prut ofnn individual customer component ofCuslomerHub B2C). A customer darab:lsc record is a unique consumer (i.e., physical person) sen·ice ordc:rorquolc. You n13)" not ~the lfc:enscd numbcrofScnicc Order Lines during any 12 monlh record, which is ston:d. as a contact for the Siebel Uni\'ena,l Customer Master product or as a petsan for the Oracle period unless you acquire adi:Utional Service Order Line liCC11$CS from Oracle. CUstomer Data Hub pn>duCL Sockt't: is dcrmcd as a slot that houses a chip (or a nu.dti-<:hip modale) dull. c:onlains a collection q( one or more Tbc Product Hub Js a. bundle that includes h\'0 components. Siebel Unh-ersal Product Ma$1erand Ornelc Product com. Rcgatdlcss ofthc runi:Jerofcores, each chip (or multi--chip module) shall count as a sing1c socket All lnfonnationManagemcnl Data Hub. For the purposes ofthe Product Hub app!lcation, record Js defined. as the total occupied soekcts on which lbc progmm Is Installed and/or ruoning must be licensed. IUimbet of unique product database nlCCJds stomd in the Ptuduct Hub application (i.e., nom! in a component of Oracle Solarb Premier Subscription r'or Non·Ontcle H:anhrare per .socket: is defined oslbc right to use the Product Hub). A product database n:conl is a unique product component or SKU storod In the Omctc Salads programs (as defined below) on hardware not nttnufac:tunxlby or for SuniOracl~ and to n:cell-u MTL_SYSTEM_IlEMS table \\ith an octi\-c or inacti\-c status and docs not include an). instance items (le. •--star Omclc Premier Support for Operating Sptems scn;ces (limited to the Oracle Solaris programs). Cor the term items) ororpnizntionasslgnnrnlS of the same item. spc:cllied In lbc ordering documenL "Omc:le Solarls proJilll115" ,.fers to lhe Oracle Solaris opemting system and Forlbc pwposes oflbc Case Hub pro.smm a reconlls d immb:Tedutofogy, Inc. Page 20 reformatted 03.26.2013 lmmbcTechnology, Inc. Page21 reformatted 03.25.2013 ORACLE" immixTechnology, Inc. ORACLE" lmmixTechnology, Inc. .ullbdllaryaf0~ .uu:bsldl2ryaJ0~ Tape Dri\'C: is def"mcdas mecbanical devices used to sequentially write, read and ~stem: data from magnetic tape UseJS tmy \iew and interact with sinmlations and documentation but may not create or modify simulations or media. Typically used. bid not limited to. data prolecllon and arebi\'111 purpose~ tape drives .,.. deplo)•ed eilher as a documentation. standalone unil(s) or Musod \\ithina robotic tape b"bmJY. E.~es of tape dri\'c include but are not limited to, Wireless handset: is defined as a mobile communications dC\;cc such as a mobile telephone, PDA, or paging Linear Tape Open(LTO!. Digital UnearTapc (DLT). Arh-arredlnleUigem Type (Afl), Quarter-Inch Cartridge device, that 1m as priOW)·Jiux:dons \dteless l'Oice coiiUilliilfcalions and datil services prmided tluough a service (QIC!. Digital Audio Tape (DAl), and 8nun HeliCI! Scan. For cloud based backup5. O!o<:le coun!S each porallel provider. stream. or Rcco\'CI)' Manager(RMAN) channel as equh11IC111: to a tnpc dri\-c. Workstation: is defined as the: client computer from which the progmms aJC bclng accessed, regardless orwhl:!m Tcchnlcal Reference l\lanuals the program is installed. Tedmic::al Reference: Manuals \fRMs.. ) an: Oracle's canfidential information. You sbaJI use the 'IRMs solely for Term Designation lfyourprogmm Hcensc does not specHY a term. the program Ucense is perpetual and shall your internal data processing opemtions fbrpurposes of. (a) lmplcmoming applications pregmms, (b) imerfaclng condlnlC unless terminatod as othemisc pro\ided in the agstemcrL other softwme andbard\\-:m: systems to the applications programs and (c) bullding e.\1ensloru to applications 1,2, J, 4~ 5 YrarTenus: A program license specifyiDg a 1, 2. 3, 4 or S YearTenushall commence on the etrecti\-e programs. You shall not dlstlose, usc: or pennit the disC'loSUM or use by o!liCrs oCtbc TRMs rorany other pwpose. date of the onler and shall contilliC fortbe specified period. At the end or the sp:c:ificd period tb: program license You shaD not use lhe 'IRMs to cn:atc sofb\me that performs the same or similar functions as Ill)' ofOmclc products. sh:dl terminate. You agree: (a) to ~rtisccithcratlcast the same degree ofcme to .safeguani the confidentiality oflhc lRMs as you 1 Year Hosdag Tcnn; A program lic:ense specifYing a I Year Hosting Tennsba.ll conuncnc:c on the effccli\'e date e.~rcise to safeguard the conf"rdcntiallly of your 0\\1110051 imp:ntm1t confidentiul infonnatioo or a rea510tlllble or the order and shall continue for a period of I )·car. AI. the end of the 1 year tbc program license shalllenninatc. A dc&JCC orcan:. whichever is greater, f.b) to ninlain agreements '\ith your employees and agents that prolect the progr.un license specifying a I Year Hosting Term may only be used Cor providing Internet hostins sel\ices. conf!denlialil!' and proprietary righlsoflheconfldential infonmtionofthinl parties suchasOmc:lc and Instruct your 1 Year Oracle Hosted Tcnn: A progmm license spccif)'ing a I YearOmcJe Hosted Terms hall commence on Ute employees and agents ofthese requbcments for the 1RMs; (c) restrict disclosure oflbe 1RMs to those ofyour effecti,·c date of the order and sball c:ontiuuc Cora pe.rlod of 1 rear. At the end of the 1 year chc program license emplo)·ces and agcni.S who ha\'C a "need to know" consistent \\ith the pwposcs for which such TRMs wen: shall terminate. A pro.smm license spcciiYing a 1 Year Oracle Hostr: Web1oglc Server Standard Edition docs not include Wcblogic Stn-er Clustering. x Bwiness Intelligence n:portina and anolysis against a transaction dalaba$c, data WRJehousc or an E$sbase CLAP eubo re (I) the Standru'd Edition One can only be Jkcnscd onse:n-erslhat tun-e the ability lO run a ma:dmum of2 tr.m.sactiond:rtalxlse is an eligible Oracle Applications t,ransacdon dntab)sc itsc:lforan cxtmc:lion. in \\·hole sockets. Thed.1taso~es forBr Sen"Crand BIPublishcrllfC limilcd ro the includrxl Oracle Standard Edition arin part. of nneligibic Orocle Applfc.1Uons trnrl$aCdon database. \dthout trnnsrommtion (query, reponing One. one otherdalabase,and any 11!11dJcr offlatrdc so= such as CSV,and XLS. You may..., Om lmmlxTachnology, Inc. Page24 refonnaUed 03.25.2013 lmmJxTechnology. Inc. Page25 reformatted 03.25.2013 ORACLE' lmmixTechnology, Inc. ORACLE' immixTechnology, Inc . llubsicilryofQ~ .asvWIIIIIJ'oiOinlmllceito.o Applieadons; (2) providclln Into eligible Ontclc Appli Disuibul 4"Jbc Na,mod User Plus Mlnlmum docs notapply iflhc program is installed on a one-processor machine that nllows Hyperion FinAncial Da!n Qualilf Manasement fora Jm.1dmumof one user per program. Pmmm• Named User Plus TtfuJimum Pcrson.'tl Edition: I Named User Plus per dalnbase Business tntciUgcncc Standard Ectition One: 50 Nnmod Use" Plus Hypcrion Finaocial Data Quality Man.1ge:mcnt Cor Hypcrlon Enteq>lisc If licensing by Named User Plus, the nwrberoflicenscsfor the programs listed below in column A must match the number oflkcnses of the: associated pmgmm listed in column B. In the case where lhc minimum nurtiJer of Hypcrlon c.ta lnlegmUon Managemen! Named User Plus ncenses ar~lwen: pun:hascd. thc null'iter ornccnscs may not match due to variance in core fac:tors HypC!rion Dala.lnlcgratlon Mamgem.cnl Source bctn-c:en the time the ~rh'C programs wen:: licensed. If licensing by Pmcessor, the murber of licenses for the progrnmslistedbelowlneolunmAmustmat inmlxTec:hnology, Inc. Page 28 rel'onnalted 03.25.2013 kr!mbtTadvlology, Inc. Page 29 reformalled 03.25.2013 ORACLE' lmmixTechnology, Inc. ORACLE' immixTechnology, Inc. •sullsililryof0~ .asubskbyofQ~ Tho JD Edwanls Enteq>riseOno progmms include Adobe PDF Libwy. Tho proparns also include GNU COMPI.TfER PROGRAMS WR.L BE ERROR FREE. lib,gmp hlnaly; copyright 1991 Free Software Folllldution, Inc. 1bls libl'llZ)' is ftcc softwam that can be Tba Technology Foundation and Tcc:hnoJOg)' Foundation Upgmde programs each include lb! following modirted and rtdlsuibuted under lhc tcnns of the GNU Libml}" General Public Lk:ensc contained in the "IBM Coroponents": IBM DB2 UoiveiSII Database. IBM WebSphem Application Sen-.rmiiBM progmms. The progmms may also contain other tl1inl party plllCiuc:tL WcbSphcm Portal (as contained in Collnbor.uive Portal). IBM Coroponents may be used solely In Your license for the pmgram(s) may include additional license rights. Please micw the additional license corUunction \\ith~· and all licensed JD Edwards EnterpriscOnc prognuns. tnclud.ln& third put)' programs righls lisled on the PeopleSoll/ JD Edwanfs progmm table located at hlm·//qmds mnw'wnlmct!j for Uccnscdforus:e \\ith JD Edwards Enterprlsc()rglrogmms. You may obtain a genemllitemc foranr of oddiUonal inro111131ioll ~IC IBM ComponcniS by contmeting din:c:lly .fltlt IBM or one of Its aulhorizeddistributOls. The The foundation prog.ram contains the da-clopmcnt foundation tnviromncnVIootkit Yau undemand and development tools includod In this program IIUI)' be used solely ~ith the licensed JD Edn-anls ackno11ledge that any softwa~e prognun dcl~loped llilh !he llmctionalil!' orthe dcl~lopmcn! foWidation Enterprisc:One programs and may oot be used to create new applications. You will defend and indemnifY envUonme:nlltoolkit is subject 10 lhc tenns and conditions of this agn:emcnt. You will defend and Oracle against any claims by thin! parties forclmmges (Including. witiiOUtUml!ation, roasonablelegal fees) !ndemnlfi' Omcleagainst lillY claims by thin! parties forclmmges (inc:luding. 11i~l011llimlunion. reasonable arising out of any computer programs gcncmtcd by you utilizing dtc dc\-e1oprn:nt tools included in the legal fees) arlsiDg out oranycolllplllor progmms gencmtedbyyou utillzing !he de~~lopmcmtools Included propams. ORACLE DISCLAIMS ANY IVARRANIY TIIATTIIE DEVELOPMENT TOOLS in 1llc P'"JIIlll1IS. ORACLE DISCLAIMS ANY WARRANTY TIIAT TilE DEVELOPMENT TOOLS INCLUDED IN TilE PROGRAMS WILL GIINERAlE CO.\IPUlER PROGRAMS WITH TilE INCLUDED IN TilE PROGRAMS WILL QENERAlE COMPUTER PROGRAMS WITH TilE CHARAcrERISTICS OR SPECIPICATIONS DESIRED BY YOU OR TIIAT SUO! GENERATED C!IARACIERISTICS OR SPECIFICATIONS DESIRED BY YOU OR TIIAT SUO! GENERAlED COMPIJIER PROGRAMS IVILL BE ERROR FREE. COMPUIERPROORAMS \VR.LBEERRORFREE • Tho Olacle Tcchnolo8)" Foundalion lbr JD Edwards Enterprisc(lnc ard !he Omole Technology FoundaUon Uq;nsinp Rultt fgrOrar(c J..jlnsfnrg Suite Anqlh;ations for JD 1!4wanls EnterpriscOne Uppdc progmms each include a limited usc license forOJaclc Datnbosc You am IeSpOnsible ror ensuring compl1ance with the application llcenslng pn:requfsltcs as specified in the Slllndaldl!diUon. Tho database may be used solely in co11func1ion 11ith ony and all Ueens JmmlxTedlnclcgy, Inc. Page30 raronnatted 03.25.20~3 lmmlxTechnology, lno. Page31 refc:lrmatted 03.25.2013 ORACLE' immixTechnology, Inc. ORACLE' immixTechnology, Inc. .uvbshi.uyotQ~ ,JJ"Wcblyot 0 ~ The pcogr.ullslisted belowincllldca license to use Bwiness Analysls Modeler-Restricted [)c\•elopmcntto Ford" Siebel Bru1 Charles Glenn, M.D. 320 S. Kansas Avenue, Suite 400 Topeka, KS 66603-3644 785-251-2350 phone 785-251-2380 fax coronermail@snco. us MEMORANDUM TO: Board of Shawnee County Commissioners FROM: Charles F. K. Glenn, Shawnee County Coroner DATE: June 7, 2017 RE: Request to Authorize Payment of Final Expenses Bradley Liles Please add this item on the Monday June 12, 2017 Commission consent agenda. The Shawnee County Coroner's Office has an unclaimed body requiring disposition at this time. The decedent Bradley Liles (DOB: 07/2511962, DOD: 01/09/2017) was a relinquishment from Stormont Vail. Contact with family was made the family is unwilling and/or unable to make final arrangements. Our cost for cremation through Penwell-Gabel Midtown Chapel/Shared Mortuary Services is $350.00. Pursuant to K.S.A. 22a-215, if a body is unclaimed, the state or county officer responsible for the final disposition of the deceased person may authorize and order the cremation or burial of the deceased person. In the case that no assets are found with the body, or if such assets are not sufficient to cover the costs of disposition of the body, burial expenses are to be paid from the County general fund. This request for final expenses is for the full $350.00 cost. APPROVAL OF THIS CONSENT ITEM WOULD DO THE FOLLOWING: 1. AUTHORIZE PAYMENT IN THE AMOUNT OF THREE HUNDRED FIFTY AND N0/100 DOLLARS ($350.00) TO BE DISBURSED FROM THE COUNTY'S GENERAL FUND TO PAY FOR THE FINAL DISPOSITION AND TRANSPORTATION EXPENSES OF BRADLEY LILES. If you have any questions, please contact me. Dr. Charles Glenn Shawnee County Coroner's Office Shawnee County Coroner Charles Glenn, M.D. 320 S. Kansas Avenue, Suite 400 Topeka, KS 66603-3644 785-251-2350 phone 785-251-2380 fax MEMORANDUM coronermail@snco. us TO: Board of Shawnee County Commissioners FROM: Charles F. K. Glenn, Shawnee County Coroner DATE: June 5, 2017 RE: Request to Authorize Payment of Final Expenses for Phyllis Irene Clark Please add this item on the Monday June 12, 2017 Commission consent agenda. The Shawnee County Coroner's Office has an unclaimed body requiring disposition at this time. The decedent Phyllis Irene Clark (DOB: 04/14/1937, DOD: 05/14/2017) was a coroner's case. Contact with family was made and documents were signed that state the family is unwilling and/or unable to make final arrangements. Our cost for cremation through Penwell-Gabel Midtown Chapel/Shared Mortuary Services is $350.00. Pursuant to K.S.A. 22a-215, if a body is unclaimed, the state or county officer responsible for the final disposition of the deceased person may authorize and order the cremation or burial of the deceased person. In the case that no assets are found with the body, or if such assets are not sufficient to cover the costs of disposition of the body, burial expenses are to be paid from the County general fund. This request for final expenses is for the full $350.00 cost. APPROVAL OF THIS CONSENT ITEM WOULD DO THE FOLLOWING: 1. AUTHORIZE PAYMENT IN THE AMOUNT OF THREE HUNDRED FIFTY AND N0/100 DOLLARS ($350.00) TO BE DISBURSED FROM THE COUNTY'S GENERAL FUND TO PAY FOR THE FINAL DISPOSITION AND TRANSPORTATION EXPENSES OF PHYLLIS IRENE CLARK. If you have any questions, please contact me. Dr. Charles Glenn Shawnee County Coroner's Office .zn 3 Shawnee 1~ounty '-' ~ , ! ; P.arKS+ ~ recreation June 7, 2017 TO: Board of Commissioners Shawnee County If FROM: John E. Knight, Dikd.~ ~ Parks + Recreation '0' RE: Independent Contractor Agreement for Services - Instructor Recreation Division -Programming Purpose: Board of Commissioners authorization and execution on the attached Independent Contractor Agreement for Services (ICAS) with Sreeranjini Bangalore. The programs utilizing these services are supervised by the Recreation Division and compensation is noted in each ICAS. Contracting out services allows Parks + Recreation to continue offering quality events and programs to the public throughout our facilities. Funds are available through the Recreation Division. Justification: The Master Plan suggests developing agreements that are setup to assist both parties with offering services in an efficient manner by contracting with service providers who gain brand association or notoriety as a preferred vendor or supporter of Parks + Recreation in exchange for reduced rates, services or other agreed upon benefit. An area of focus to manage individual partners who desire to share their service, skills and talents is that of Vendor Partners. The ICAS services as a valuable asset between vendors and the Parks + Recreation Department improving quality and programming while meeting cost recovery guidelines, it is of mutual benefit to contract with those vendors. JEK/lrk SH Attachment parks.snco.us I - - - • 3137 SE 29th Street· Topeka, KS 66605 • (785) 251-2600 SHAWNEE COUNTY CONTRACT NO. C ;Jot/ -2017 INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and SREERANJINI BANGALORE (Contractor). 1. SERVICES TO BE PERFORMED Contractor agrees to perf01m the following services for County: Instruct fitness classes. This Agreement shall commence on June __, 2017, and shall end on February 15, 2018, unless this Agreement is terminated sooner or extended in accordance with its te1ms. 2.PAYMENT In consideration of the services to be performed by Contractor, County agrees to pay Contractor as follows: Task Duties ComEensation Instruct Fitness Arrive in a timely fashion prepared to Classes: $15 Classes. start services when program begins. per hour Paid after submission of invoice. Contractor shall be responsible for all expenses incurred while performing services under this Agreement. This includes equipment; supplies; telephone expenses; automobile and other travel expenses; meals and entertainment; insmance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to complete the work under this Agreement. 3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION Contractor is an independent Contractor, not a County employee. Contractor's employees or contract personnel are not County employees. Contractor and County agree to the following rights consistent with an independent Contractor relationship: a. Contractor has the right to perform services for others during the term of this Agreement. b. Contractor has the sole right to control and direct the means, manner and method by which the services required by this Agreement will be performed. 1 c. Contractor shall not be assigned a work location on County premises, and Contractor has the right to perform the services required by this Agreement at any place, location or time. d. Contractor will furnish all equipment and materials used to provide the services required by this Agreement. e. Contractor has the right to hire assistants as subcontractors, or to use Contractor's employees to provide the services required by this Agreement. f. Contractor or Contractor's employees or contract personnel shall perform the services required by this Agreement and Contractor agrees to the faithful performance and delivery of described services in accordance with the time frames contained herein; County shall not hire, supervise or pay any assistants to help Contractor. g. Neither Contractor nor Contractor's employees or contract personnel shall receive any training fi:om County in the skills necessary to perform the services required by this Agreement. h. County shall not require Contractor or Contractor's employees or contact personnel to devote full time to perfmming the services required by this Agreement. Fmther, Contractor hereby cettifies: i. That Contractor is not an employee of County and thereby Contractor waives any and all claims to benefits othetwise provided to employees of the County, including, but not limited to: medical, dental, or other personal insurance, retirement benefits, unemployment benefits, and liability or worker's compensation insurance. J. Contractor must provide Federal Tax or Social Security Number on required Form W-9. k. That Contractor understands that he/she is solely responsible, individually for all taxes and social security payments applicable to money received for services herein provided. Contractor understands that an IRS Form 1099 will be filed by the County for all payments received. 4. INDEMNIFICATION AND HOLD HARMLESS Contractor shall save, hold harmless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs, including reasonable attorneys' fees, for injmy of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any acts or omissions, whether negligent or otherwise, of ContractOl', its officers, agents, subcontractors or employees. 5. INSURANCE 2 ! I The County shall not be required to purchase, any insurance against loss or damage to any personal prope1ty to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tm1 Claims Act (K.S.A. 75-6101 et seq.), the Contractor shall bear the risk of any loss or damage to any personal prope1ty to which Contractor holds title. 6. OWNERSHIP OF PRODUCTS/DOCUMENTS Contractor hereby assigns to County all rights to all products, repm1s, documents, photographs, videos, data, and drawings produced by Contractor as a result of its services to County during the term of this Agreement. 7. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its cul1'ent fiscal year. County agrees to give written notice of termination to Contractor at least thhiy (30) days prior to the end of its cul1'ent fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any of Contractor's equipment, leased or othe1wise, provided to County under the contract. County will pay to the Contractor all regular contractual payments incun·ed through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by County, title to and possession of any equipment purchased by the County under the contract. but not fully paid for, shall revert to Contractor at the end of County's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the Contractor. 8. ANTI-DISCRIMINATION CLAUSE. The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because ofrace, 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 adve11isements for employees, the phrase "equal oppm1unity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the repmiing 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 dete1mines 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. Pa1iies to this contract understand that subsections (b) through (e) of this paragraph number 5 are not 3 applicable to a Contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year. 9. ACCEPTANCE OF CONTRACT. This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Commissioners ofthe County of Shawnee, Kansas. 10. ARBITRATION, DAMAGES, WARRANTIES. Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Fmiher, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose. 11. REPRESENTATIVE'S AUTHORITY TO CONTRACT. By signing this document, the representative of the Contractor thereby represents that such person is duly authorized by the Contractor to execute this document on behalf of the Contractor and that the Contractor agrees to be bound by the provisions thereof. 12. TERMINATION OF AGREEMENT This Agreement may be terminated by either party by giving the othe1· pa1iy written notice of the intent to terminate. The notice must specify a date upon which the termination will be effective, which date may not be less than 7 calendar days from the date of mailing the notice. Only services satisfactorily performed up to the date of receipt of notice shall be compensated by County and such compensation shall be pursuant to the terms of this Agreement. Notice shall be deemed received 3 days after mailing in the United States mail, using first class mail, postage prepaid. 13. MISCELLANEOUS PROVISIONS a. This Agreement shall be entered into in Shawnee County, Kansas, and shall be construed and interpreted according to the law of the State of Kansas. b. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given 3 days after mailing in the United States mail, using first class mail, postage prepaid, to the recipient's address as stated in this Agreement. c. Contractor shall comply with all federal, state and local laws requiring business permits, celiificates and licenses required to cru1·y out the services to be performed under this Agreement. 4 d. Contractor may not assign any rights or obligations under this Agreement without County's prior written approval. e. This Agreement constitutes the entire agreement between the patties and may only be modified or extended by a written amendment signed by the parties hereto. f. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the patticular · 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. COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS Robert E. Archer, Chair ATTEST: Cynthia A. Beck, Shawnee County Clerk CONTRACTOR Print Name gRa:~l\11 ~~ /rt.ot_~ AddressJlJ~ SW, {/Sf Cf ·llf>frflo~· f/QRA.I(~ .(;66/y Date: 05jv1/Jo Fl .-\pproved as to Le~alio/ 1 5 'nd Form: Date (·1,f · ..... co. COUNSE OR - /C~~ EXPOCENTREKANSASu;:s_s--.._'-.~ KANSAS EXPOCENTRE ADVISORY BOARD MEETING Manor Conference Centre Wheat Room Wednesday, June 28, 2017 Lunch at 11:45 12:00- 1:00 AGENDA Roll Call Approve Minutes Capital Expenditures STAFF REPORTS Interim General Manager Financial- Donna Casebier Operations - Hans Niska Livestock- Justin Gregory Marketing - Allie Manning REPORTS Capital Plaza Hotel- Dan Clarizio Heart of America - Bob Lohmeyer Kansas State Extension- Cindy Evans COMMITTEE REPORTS Capital Committee- Niska, Block, Thomas ADJOURN NEXT BOARD MEETING Manor Conference Centre Wheat Room July 26, 2017 12:00 PM KANSAS EXPOCENTRE ADVISORY BOARD MEETING Wednesday, May 24, 2017 Manor Conference Centre Wheat Room 12:00 P.M. The following members were present for the board meeting: Mary Thomas, Vice Chair; Commissioner Shelly Buhler; Bill Beach; Pam Walstrom; Sandra Griffith; Councilman JeffCoen Also present were: Donna Casebier, Finance Director; Hans Niska, Director of Operations; Allie Manning, Marketing Coordinator; Misty Rogers, Event Coordinator; Tori Fuglister, Event Coordinator; Brie Berggren, Booking Coordinator; Jim Crowl, SNCO Counselor; Betty Greiner, SNCO Audit Finance Director; Bill Kroll, SNCO Facility Manager Thomas called the meeting to order at 12:00 P.M. Roll call was taken. Thomas stated she would entertain a motion to approve last month's minutes. Councilman Coen made a motion to approve the minutes. Beach seconded the motion. Motion passed. Regarding the Capital Expenditures, Niska's report is attached hereto and made a part of the minutes. Walstrom made a motion to approve the air conditioning unit capital expenditure not to exceed $4,950.00. Motion seconded by Griffith. Thomas made a motion to approve the lighting capital expenditure not to exceed $4,165.20. Motion seconded by Griffith. Motion passed. $47,712.67 will be left in the fund after the two capital expenditures. Commissioner Buhler inquired about ventilation in the room to help with air flow. Niska stated it isn't ventilation that is the problem, it's temperature and moisture control that is the concern for the equipment in the room. Thomas asked whether these expenditures will be able to be repurposed during and after the renovations. Niska stated yes; any capital expenditure project, since mid-last year and in the future, are all specked out with the mindset of being repurposed during/after the expansion and renovation. Regarding the General Manager's report, Crooks report is attached hereto and made a part of the minutes. Regarding the Financial report, Casebier stated that we are ahead of budget for the year which is probably a timing issue. There are some savings from unfilled positions that have helped with budgeting. Year to date we are on track with indirect expenses. Walstrom made a motion to accept the financial report. Motion seconded by Councilman Coen. Motion passed. 1 Griffith asked how many positions were open at present and whether we were planning on filling those. Casebier stated that four positions are open and we are currently trying to fill them. Regarding the Operations report, Niska stated we had a busy weekend with graduations, a light Memorial weekend and the next weekend will be busy again with the Freedom Celebrity Basketball Game and Boston back to back on Saturday and Sunday. With the decision from the commissioners regarding Spectre managing the building starting January 1, 2018 that operations will continue as usual for the rest of the year under SMG. We are currently in the process ofhiring an Operations Manager. Councilman Coen asked about the county updating the employees of the Expocentre regarding issues throughout this transition process such as the status of their jobs. Commissioner Buhler stated contract negotiations are taking place and a lot of those things will be detailed out in said contract. She noted that Spectre stated they retain about 92% of staff during management transitions. Crowl stated there is a conference call slated with Spectre soon to go over preliminary issues, the process of contacting current employees, and what steps needs to be taken during this transition. Casebier stated that we've had meetings with employees making sure that they understand this is an ongoing process and patience is key. Any information will be passed along to make this a smooth process. Regarding the Livestock report, Gregory's report is attached hereto and made a part of the minutes. Regarding the Marketing report, Manning's report is attached hereto and made a part of the minutes. Thomas asked Manning to expand on the four KU marketing campaign presentations and some specific ideas that could be implemented quickly at the Expocentre. A summer splash idea would be to put on an Expo family fun event, much like the Wing Fling event, during the summer months as it is our slow time. Trying to get the public more interested in equine, there was an idea for a "Meet the Horses" to get people into Domer Arena who might not go to horse shows regularly or to have horse riding lessons for patrons. A one-way text line that sends out updates on concert announcements, giveaways, new bookings, etc. could be a great way to get the younger crowd wanting to come to the Expocentre. Mobile kiosks placed around the concourse during larger events where the public could sign up and win tickets to specific events we are featuring so we are getting them back into the building. There were multiple other great ideas that we are considering. Working with WU college students as interns who could act as a street team to get information out to fellow students. Creating an historical state fair experience museum inside the facility somewhere could be a fun nostalgic walk through for many of the public who grew up coming to the state fairgrounds as well as teaching the younger generations how things started at the Expocentre. Thomas asked about setting up a marketing committee with board members and Manning to better market the facilities events. Several board members indicated interest in serving 2 on such a committee and they are going to work with Manning directly in setting up a marketing meeting schedule. Regarding Heart of America report, Lohmeyer was not present at the meeting and did not file a report. Regarding the Capitol Plaza Hotel report, Clarizio was not present at the meeting and did not file a report. Regarding the Shawnee County Extension office report, Cindy Evans was not present at the meeting and did not file a report. Fuglister stated this would be her last advisory council meeting. She has accepted a new position with Serner. She indicated the Freedom Celebrity Basketball Game and the Boston concert will be her last events with the Expocentre. On behalf of the advisory council Walstrom thanked her for her hard work on events and with the clients that utilize the facilities. The council wished her success in her future endeavors. THERE BEING NO OTHER BUSINESS to come before the board, the Kansas Expocentre Advisory Board adjourned at 1:00 P.M. Mary Thomas, Vice Chair Prepared by Brie Berggren 3 Memorandum To: Les Crooks, Interim General Manag~ From: Hans Niska, Director of Operations ~ Re: Advisory Board Report Date: May 18, 2017 During the month of May, we have or will have hosted the following events: • VFC Mix-Martial Arts Event • USD 501 Graduations • Great Plains All Breeds Dog Show • The Spring Carnival • Numerous wedding receptions, equestrian events, and private events Upcoming events in the month of June include: • Boston Concert • Impact Volleyball • KMCA Truck Driver raining Capital Expenditure Item for April: This month I have two capital expenditure items to bring before the board: The first item is the purchase and installation of an air conditioning unit dedicated to a data closet in the sound room in Landon Arena. Currently the room depends on the main HV AC system for the overall arena. The problem with this is when we do not have any events in the arena, it does not make sense to run the HV AC in the entire arena just to keep this one small room cool. Over the years, the amount of gear that has been added to this room has increased to the point where it has become necessary to add a dedicated system just for this room. We have received three bids for this project and are recommending that we use Samco at a cost of $4,950 to complete the project. The second project that we would like to complete is the upgrade of the lighting fixtures that illuminate the Northeast and Southwest Entrances into Landon Arena. The fixtures that are currently in place are very old and when they fail they are very difficult and expensive to get parts for. This proposal is to upgrade them to a LED fixture that would be much more efficient and effective. The fixtures will cost $4,165.20 from Kriz-Davis and will be installed in house. The total request for these projects is $9,115.20. With a current balance of$56,827.87 in the capital expenditure fund, this would leave us with a balance remaining of $47,712.67. Thank you very much for your consideration of these requests. One Expocentre Drive Topeka, Kansas 66612-1442 Phone 782.235.1986 Fax 785.235.2967 www.KsExpo.com "Serving Topeka and N.E. Kansas since 1982" April 21, 2017 Proposal#1704-030 Attn: Matt Rockers Kansas Expo Centre 1 Expocentre Dr. Topeka, KS 66612 Project: P··Series Server Room Ductless Split System Installation SAMCO Plumbing, Heating, and Air Conditioning are pleased to submit this proposal for the above-referenced project. Our scope of work is defined as follows: Items included in our proposal: • Provide and install one Mitsubishi P-Series 2 ton cooling only ductless split system. • Mount cooling head in server room and install refrigerant lines, drain line to existing drain in room and communica-tion wire. Condenser to be located in ceiling on a wall mount. ~~ Evacuate system to manufactures specifications, check for leaks and prepare system for Freon R-41 Oa charg·a. • All materials, parts, labor, standard shipping, complete system start up and check out are included for the above mentioned repair. .. Un1t is rated at 24,000 BTU's of cooling with the ability to turn down to 8,200 BTU's. Items not included are as follows: o Overtime- (All work will be petiormed during normal business hours). • Applicable taxes are not included and will be added to the invoice. .. Electrical work of any kind. Moving or relocating of existing equipment in work area. •D Repairs, painting of walls or floors during or after installation. • This proposal includes only those services and or repairs specified above. Additional services and or repairs, ii required will be performed on a time and material basis after customer's approval or will be quoted separately. Total 1\let Price for a bow.; wor~: ... _...... _...... ,S 4,950.00 Thank ycu for 2Howlng St-~MCO Plumbin~J, Heating, and .A.ir Conditioning to provide this proposal. \Ve are looking forNard to this or any other projects you may have in the future. If there are any questions. please do not h-esitate to contact us. Respect.fu'iy submitted, Of&'uv !te-~f(..r Drew Stevens Customer Acceptance: SAMCO, Inc. Authori:r.r~d by: HV.AC Co:-Jsult:t".t TiHe: 785-233··29.::1.3 D.:1te: [email protected] P.O.: NOTE: This proposal may be withdrawn by us if not accepted within 30 days. ------··------·~-··-·------~------Topeka 785.266.4870 Manhattan 785.539.4870 Lawrence 785.841.4870 Toll Free 877.623.5769 3209 SW Topeka Blvd Topeka, Kansas 6661 I www.mcelroys.com April 25, 2017 810#170420-0052 Kansas Expoc:;ntre One Expocentre Drive Topeka KS 66612 RE: Proposal to install AC in sound booth Matt I am pleased to submit McElroy's Inc. proposal for the above referenced project. Our scope of work is defined as follows: Items included in our proposal: Furnish and install 1 ne11v 2 ton Mitsubishi condensing unit, air handling unit, and refrigerant piping as needed, tie into existing drain line. Total...... $8,150.00 Items not included are as follows: Installation of new unit. Sales Tax. Please don't hesitate to ca!l me if you h2we any questions regarding this proposal. I can be reached at (785)267-9045. NOTE: This proposal may be withdrawn if not accepted within 30 days. Sincerely, McElroy's Inc. / ~~---.._.....__ .. Tim Moore Accepted by------HVAC Service Sales Manager Date------___ ti rn 1 no o ,.e_@JI ..t<;>e h'QY1f.!..co rn 785-267-9045 PCI Mechanical Services 115 S. Jackson Topeka, KS 66603 Ph: 785-233-4321 Fax: 785-233-4122 -PROPOSAL Date: April 24, 2017 To: Kansas Expocenter Project: ~nstallation of a Mitsublshi 2 ton mini split air conditioner for the a~ena sound and light booth. Includes: () Mitsubishl high wall evaporator unit -11 Mitsldbtshi cooling only condensing unit to be mounted on the perch just outside of the sound booth in the main entrance area " \1\Jireless controller • Refrigerant piping 19 Condensate drain piping to the ~xisting drain line • Labor for instanmtion and ~.t.artup o Excludes: high voltagi9 alectrical_ circuit and wiring, scissor lift, temporary c.r;ollng, inbor outsidP. normal business hours of Monday-Friday 7am-4pm TfC1tal Labor and Materials ...... , ...... $7,389.00 complete TERMS Jl.!_NO CONDITIONS 1. App:i.:,ubl-3 sale~ t Sincerely, Customer Acceptance: Firm Name: Accepted by:------ Printed Nama:---~------IVIark La\v PC! Mech"':iL:::al H'arvi":;;m Date: Purchase Otder Numbet·: _____ 1111111111111111111111111111111 Quotation ~ ~;r~~~sS~; EXPIRATION .DATE QUOTE NUMBER . 05/10/2017 8101540740 1516 NW SALINE ST TOPEKA, KS 66618-2837 PA~E NO .. 785-354-9532 1516 NW SALINE ST Fax 785-354-1129 TOPEKA, KS 66618-2837 785-354-9532 Fax 785-354-1129 1 of 1 QUOTE TO: SHIP TO: KANSASEXPOCENTRE KANSAS EXPOCENTRE 1 EXPOCENTRE DR 1 EXPOCENTRE DR TOPEKA., KS 66612-1442 TOPEKA, KS 66612-1442 CUSTOMER NUMBER CUSTOMER PO NUMBER JOB NAME /RELEASE NUMBER REQUIRED DATE: 738"1 04/10/2017 ... ·, . ·..... '. ,··;.· . ENTERED BY .·· SHIPVI}\ ..•. ·FREIGHT ALLOWED .•·.· FRANKBLEAN OUR TRUCK No ·,. . ORDERQTY . ·,_ ....·. DESC~iPTION .·•' UNIT PRICE _._, lr\1 '( ._ -- - '·..,. ~n1=1 1 -""-"" """'' ...... G¥509 1210 'I' stl~ Pfitd3Pffi:!Ft eM/ttL L!!J ~,088 tG!lti@N., MIEDIOIVI .CObb I fNbN -~· * r13s& HOLOPHANE PSLED PK2 MVOLT MFL 40f( 634.200/ea •• J4 GYSDP 1OKVIL NR 04 63 PREDATER :1 SMALL LED 10,000 LUMENS YOKE MOUNT 4 FOOT CORD I * 2ea 1UTH OLWX.1 LED 40W 401< M4 180.000/ea 360.00 'j Wallpack I* I l I ~ f \ 1 I i *********Unless otherwise noted-qu-Jtes expire in 30 days*''********** ! I **** Sales Tax, Frei~1ht, and ~.Jiisc Items rnay not be included **** f Subtotal j No returns without f:rior approvaL AI! returns mus~ be accompanied by a copy of the invoi.~e and are subject to a restocking charge. I S&H Charges l 0.00 No returns allowed on non-stocked items or cut wire. ~----~:------1 ! Amount Due .-s;;;;mm. i______,: ______~ Date: May 17, 2017 To: Kansas Expocentre Advisory Board From: Les Crooks Interim General Manager Re: May Advisory Board Report Events held during the past month included: USTRC Team Roping; 4-H Dog Show; Motor Sports Lab; Roadrunner Banquet; Sesame Street Live; Barrel Bash; Roadrunner Hockey (3); Prom (3); US Weapons Collectors; Harley Rider Training (4); KS09 Barrel Race; Private Banquets (2); Farm to You; NCEES Testing; KADCCA Meeting; Evening as a Child; Damon Reed Boxing; Go for Broke Barrel Race; Assemblies of God Banquet; Wedding Receptions (3); AQHA Horse Show; Special Olympics Shrimp Peel; KU Presentations; SNCO Tax Auction; E-Waste Recycle; 4-H Horse Clinic Shawnee County has deferred the decision on management of the Expocentre until May 22"d and Spectre will do a presentation at the 5/22/17 commission meeting which may or may not be approved on that date. Below is the updated time line for a decision: Intent to Award Contract on or after May 22, 2017 Execute Contract No later than July 15, 2017 Commence Management Agreement No later than January 1, 2018 Upcoming events: • Evans Carnival- May 18-28 • 4-H Horse Clinic- May 28-29 • KS Reiners Spring Show- June 2-4 • Harry-Markham Reception- June 2-3 • Boston- June 4 • American Cancer Society Survivor's Day -June 4 • Cornerstone of Topeka Fund raiser- June 8 • Impact Volleyball-June 8-11 • KS Buckskin Assoc. Show-June 9-11 • Milleret-Reineman Reception -June 10 • Garden Bros Circus- June 14 • Third Thursday- June 15 • KS Hunter Jumper Show -June 15-18 • KMCA Truck Driving-June 15-17 • Lindstrom-Law Reception -June 16-17 • Voth-Cortez Reception -June 17 • 4-H Horse Clinic- June 21 • Midwest Homing Pigeon Release- June 23-24 • Wickham-Beck Reception- June 23-24 • KS09 Barrel Race- June 24-25 The kickoff Third Thursday was a success despite the quick change of weather between the ribbon cutting and the event. Thank you to Commissioner Buhler and Commissioner Cook for attending and celebrating 30 years with the Expocentre staff and the Chamber of Topeka. The winner of the ticket giveaway was announced and they were pleased with the events included in the package. Upcoming dates for Third Thursdays are as follows and we hope to see you there: June 15th July 20th Aug 17th Sept 21st Boston is two weeks away and a mid-week 2 show Circus was just booked. There are a few tentative holds on the calendar for this year including a concert, a military basketball game, and a family show. The staff has started gearing up for Wing Fling 2017 which will be October 7th. There are currently two open positions available. The search for an Operations Manager is ongoing and the GM position is pending a decision from the commissioners regarding the management contract. KANSASEXPOCENTRE LIVESTOCK ADVISORY BOARD REPORT May2017 3 4-H Clinic 17 KS09 Barrel Race Jackpot 19-21 KS Buckskin Spring Show 24 KS09 Barrel Race Jackpot 27-28 4-H Horse Show May started off with a 4-H clinic on Wednesday May 3. 30 Shawnee County youth and their parents enjoyed a great night of equestrian activities. The following 14 days were dark in Domer arena, the first weekend vacated by the Spring Livestock show which has moved to Holton KS and the second weekend had hosted the American Quarter Horse Show which has moved to last week of April. This move in dates resulted in a nice growth for the AQHA show and they look to keep the April weekend in the future. KS09 concludes their spring series of Wednesday night barrel races on May 17 and May 24th. This association continues to grow and rebuilt, hosting its second two-day event on Saturday June 24th and Sunday June 25th in Domer Arena. May 19-21 features the first of four shows produced by the Kansas Buckskin Association at Kansas Expocentre in 2017. A solid turnout of over 120+ stalls being rented is expected. Parking looks to be at a premium this weekend with the Buckskin Show sharing parking lot with the carnival and all of the graduations. June is a very full month for the livestock facilities. Kansas Reining Horse Spring Fling June 2-4, followed by Kansas Buckskin Association 9-11, Ann White and the Kansas Hunter Jumpers return the 16-18, 4-H Horse clinic on the 2P\ and the month ends with the KS09 two-day barrel race event on June 24-25th. The Kansas High School Rodeo Association did not return to Domer Arena after the 2016 State High School Finals. This event has moved to the Kansas Star Casino facility in Mulvane KS. I will be attending this event in Mulvane and will be working with the KSHSRA board of directors to explore the possibilities of bringing this great event back to Topeka and Shawnee County. This concludes my report and I will be happy to answer any questions. Justin Gregory Livestock Operations Director MEMO Date: May 19, 2017 To: Kansas Expocentre Advisory Board From: Allie Manning, Marketing Coordinator Re: May Advisory Board Meeting We hosted our first Third Thursday of the year last week! Despite the ominous weather, we had a turnout of 100-200 people. The live music was great, and I heard great reviews on the Expo Anniversary Whiskey Maple Pulled Pork, Cheddar, Green Onion hotdog. We had the Topeka Chamber out to host a ribbon cutting ceremony celebrating the Expocentre's 30th Anniversary. WIBW, KSNT and Capital Journal were there reporting on the celebration. Less than two weeks until the BOSTON concert! Most recently, we have partnered with Historic Harley Davidson and the brand new Evel Knievel Museum for some special promotions around Memorial Day. The first 10 people that test ride a bike on May 27 of Memorial Day weekend will receive a pair of tickets to see BOSTON live. Plus, all customers that visit the Historic Harley Dealership or the Evel Knievel Museum May 30-June 3 can register to win a pair of tickets and Meet and Greet Passes to the show! They will do a public drawing for the winner on June 3. Going in to the final two weeks before the concert, we have a large paid-media campaign starting May 22. In order the build some extra hype for the BOSTON concert in the meantime, we spread some love around Topeka. We worked with 22 local Topeka businesses, by providing them with 1-2 pairs of ticket to giveaway to their customers through Facebook or email. This was a great way to allow some local business to give back to their customers, while also spreading the word around and getting people excited about the concert. The KU students presented some excellent marketing plans to the team on May 2"d. Special thank you for those who came out to participate! There were so many great ideas, some that will be simple to implement, and others that will need some additional planning, and marketing funds. I will be sure to have the presentations available to the Advisory Board Members. Please note, the student teams were using a hypothetical $2SK marketing budget as they put their plans together. Feel free to ask me questions! Thank you, Allie Manning Shawnee County 73/ Office of County Clerk • CYNTHIA A. BECK 785-251-4155 1 Fax 785-251-4912 200 SE 7 h Street Room 107 www.snco.us Topeka, Kansas 66603-3963 MEMORANDUM TO: Board of County Commissioners ,. a..~.,r FROM: Cynthia A. B~ County Clerk RE: Petition to create Timber Ridge Subdivision Street Benefit District Phase IV DATE: June 12, 2017 Please acknowledge receipt of the petition to create Timber Ridge Subdivision Street Benefit District Phase IV and consider approval of the Resolution. Bond Counsel Bob Perry reviewed the petition and prepared the resolution for your consideration. The petition is signed by 100% of the landowners in the proposed district. Thank you. CAB/clh cc: Tom Vlach, Public Works Director Tom Flanagan, Public Works Deputy Director BEFORE THE BOARD OF COUNTY COl\1MISSIONERS SHAWNEE COUNTY, KANSAS PETITION The undersigned, being the owners of One Hundred Percent (100%) of the front feet of the lots fronting on the following streets, said lots being platted and lying outside the limits of any incmporated city, in Timber Ridge Subdivision, Shawnee County, Kansas, to-wit: SW 55th Street: From the westerly line of Lot 18, Block B and east approximately 655 LF. SW :Maupin Lane: From its intersection with SW 55th Street and south approximately 470 feet to the south line of Lot 11, Block F. SW Cedar Court: From its intersection with SW :Maupin Lane and west approximately 325 feet to the east line of Lot 22, Block E. hereby petition the Board of County Commissioners of Shawnee County, Kansas, to provide for the improvement of the aforementioned streets by the excavation, grading and paving thereof, and doing all other things necessary and incidental thereto pursuant to KSA. §68-728, as amended A General nature of the improvement: excavation and construction of certain street improvements, including drainage and all other things necessary and incidental thereto. (29' back-to-hack curb and gutter street, typica~ B. Property to be assessed the cost of the improvements: Lots 10-18 inclusive, Block B; Lots 1-4 inclusive, Block E; Lots 18-26 inclusive, Block E; Lots 6- 11 inclusive, Block F; all in the Timber Ridge Subdivision, Shawnee County, Kansas. C. The estimated cost of the improvements is $552,600. D. The proposed method of assessment is equally per lot. Total lots equal28. E. The cost shall be apportioned 100% to the District. F. Payback Period: 20 payments over 20 years. The undersigned Petitioners, specifically acknowledge and agree that if the Board of County Commissioners of Shawnee County, Kansas, determines that the proposed improvements are not feasible, that all costs and expenses of the work, including preliminary planning, engineering, legal and other preliminary work of skilled persons employed by the Board shall be assessed.against the property of the undersigned if not paid by the Petitioners. Petitioners: { · 4 Molly McKEmzi _____.:~;.c;._-><-.----loo!!::..___::_-+-____s,~:.___--+~--'----1-- INOTARY PUBLIC-riT~ OF KA s_ •••••••••••••••••••••••••••••••••••••••••••••L~~~Pf-~~~~T~~ •• ••• agen, Trustee, Jon Rollenhagen Living Trust SUBSCRIBED TO AND SWORN TO before me, a notary ublic, om!J' t"day 2017 Charles F. (Chuck) Dultmefer, PreSillt,I)ultmeier Homes Co. · SUBSCRIBED 1D AND SWORN 1D before me, a notaryp blic, nJ :r 1}. 2017 -; 4 M·tiny 'McKenzie· -·. - 'NOTARY PUBLI_C-SYJJ~Jj~f SCALE• 1' = 200' PROJ NO: SHEET NUMBER G) BARTLE~- PHASE4STREETIMPROVEMEN ~ EST 16519.520 1200 SW EXECUTIVE DR. TIMBER RIDGE SUBDIVISION 1 "'c: DATE: 'j'i"' TOPEKA, KANSAS 66615 !!! WWW.BARTWEST.COM TOPEKA, KANSAS DEC. 2016 OF 1 Cl ROBERTf. PERRY, ESQ. 9422 SW Hoch Road POBox 359 Auburn, Kansas 66402 Voice - 785I 256.2266 Mobile- 785I 640.1842 Email.· rober([email protected] MEMORANDUM June 12, 2017 Commission Agenda: June 15, 2017. TO: Bob Archer, Chairman, Kevin Cook, Vice Chairman and, Shelly Buhler, Commissioner FROM: Bob Perry, Bond Counsel This resolution is in response to a petition filed by 100% of the owners of the land affected, (i.e., Charles F. Dultmeier, as Trustee of CF Dultmeier Trust, Jon Rollenhagen, Trustee to the Jon Rollenhagen Uving Trust, and Dultmeier Homes Co.), and if approved, (i) will create Timber Ridge Subdivision Street Benefit District Phase N, (ii) authorizes the construction of streets therein and (iii) proposes to assess all costs of the construction and installation of the improvements against the lots benefited thereby. The County has previously created and constructed sewers and streets in this subdivision and the developers have received sufficient demand for additional homes, therefore they are requesting the additional street improvements. RESOLUTION NO. 2017-~ A RESOLUTION DECLARING THE NECESSITY AND ADVISABILITY OF MAKING INTERNAL IMPROVEMENTS IN SHAWNEE COUNTY, KANSAS AND DESCRIBING THE GENERAL NATURE OF THE IMPROVEMENTS, THE ESTIMATED OR PROBABLE COSTS THEREOF, THE EXTENT OF THE IMPROVEMENT DISTRICT TO BE ASSESSED FOR THE COST THEREOF, THE METHOD OF ASSESSMENT, AND THE APPORTIONMENT OF THE COST BETWEEN THE IMPROVEMENT DISTRICT AND THE COUNTY FOR THE TIMBER RIDGE ESTATES SUBDIVISION, SHAWNEE COUNTY, KANSAS STREET IMPROVEMENTS PHASE IV. RESOLUTION 2017~ A RESOLUTION DECLARING THE NECESSITY AND ADVISABILITY OF MAKING INTERNAL IMPROVEMENTS IN SHAWNEE COUNTY, KANSAS AND DESCRIBING THE GENERAL NATURE OF THE IMPROVEMENTS, THE ESTIMATED OR PROBABLE COSTS THEREOF, THE EXTENT OF THE IMPROVEMENT DISTRICT TO BE ASSESSED FOR THE COST THEREOF, THE METHOD OF ASSESSMENT, AND THE APPORTIONMENT OF THE COST BETWEEN THE IMPROVEMENT DISTRICT AND THE COUNTY FOR THE TIMBER RIDGE SUBDIVISION, SHAWNEE COUNTY, KANSAS STREET IMPROVEMENTS PHASE IV. Whereas, pursuant to KSA §68-728 et seq., (the "Act'') a petition was flled with the County Clerk of Shawnee County, Kansas, signed by the owners of one hundred percent (100%) of the front feet of the lots fronting on: (1) SW 55th Street from the westerly line of Lot 18, Block B and east approximately 655 linear feet; (2) SW Maupin Lane from its intersection with SW 55th Street and south approximately 470 feet to the south line of Lot 11, Block F; and (3) SW Cedar Court from its intersection with SW Maupin Lane and westerly approximately 325 feet to the east line of Lot 22, Block E, with aU of saiq .l<:>ts being located outside the incorporated limits of any city and platted in Timber Ridge Subdivisiort, ·S~ee County, Kansas, which petition requested the creation of a street benefit district and the construction of.an improvement generally consisting of the excavation and construction of· street imptc:>Vements (the "Street "Ifnprovements"), at an estimated cost of $552,600 (the "Improvement Costs''); and Whereas, the Board of County Commissioners (the.~'Board") of Shawnee County, Kansas, (the "County") fmds and determines that t:h;epetition is sufficientunder the Act and that the creation of the benefit district and the construction of .the Street Itnprovements th~ein is necessary and in the best interest of the public safety, health and welfare and is deemed advisable; and Whereas, no bonds ate outstanding and none have been issued by the County to pay the Improvement Costs. NOW THE~FORE, BE IT lffiSOLVED BY THE GOVERNING BODY OF SHAWNEE COUNTY, .KANSAS AS FOLLOWS: Section 1. The Board hereby creates the Timber Ridge Subdivision, Shawnee County, Kansas Street Benefit District Phase N and further determirles that: A. The Street Improvements generally consisting of 29' back-to-back curb and gutter with eight inch asphaltic concrete street over a designed base, including drainage and all other things n.e,c;essary and incidental thereto, shall be constructed. B. The estimated Improvement Cost is $552,600. C. The improvement district shall consist of the following described property (the "Timber Ridge Subdivision, Shawnee County, Kansas Street Benefit District Phase N'') all of which shall be assessed all of the Improvement Costs: Lots 10 through 18, inclusive, Block 'B'; Lots 1 through 4, inclusive, and Lots 18 through 26, inclusive, Block 'E'; and Lots 6 through 11, inclusive, Block 'F', all in Timber Ridge Subdivision, Shawnee County, Kansas. D. The total assessment costs for the Street Improvements, including the administrative fee for services authorized by County Home Rule Resolution No. 98-9, shall be levied on the property in the Timber Ridge Subdivision, Shawnee County, Kansas Street Benefit District Phase IV. The method of assessment for the total Improvement Costs shall be determined by dividing the total Improvement Costs as is ascertained upon completion of the Street Improvements' construction and installation, equally, on a per lot basis. E. The apportionment of the Improvement Costs shall be 100% to Timber Ridge Subdivision, Shawnee County, Kansas Street Benefit District Phase IV and 0% to the County. Section 2. The Street Improvements are hereby authorized and ordered to made in accordance with the findings of the Board as is set forth in Section 1 of this Resolution, and the County is authorized to issue its general obligation bonds or it temporary notes in an amount not to exceed the estimated costs stated herein to finance the Improvement Costs. This Resolution shall, for the purposes of U.S Treasury Regulation §1.150-2, constitute a declaration of official intent of the County to reimburse expenditures for the Improvement Costs. Section 3. The engineering firm of Bartlett & West, shall be employed as engineers for the construction and installation of the Street Improvements on such terms and ·conditions which are mutually acceptable to said engineering firm and the Board. Section 4. This Resolution shall be published one time in the official County newspaper, and the County Clerk is authorized and directed to mail a copy of this Resolution, buy certffiedmail, postage prepaid, to the owners of the property liable for taxation ofthe Improvement Costs authorized b~, .~ if the owners of more than one-half of the property liable for the· taxation of the Improvement Costs d~(t()t, within, 20 days of the date of publication of this Resolution, file with.the County Clerk their protest against the construction and installation of the Street Improvements and the assessment of the Improvement Costs against the lots in the Timber Ridge Subdivision, Shawnee. County, Kansas Street Benefit District Phase IV, the Board shall have the power and authority to cause the construction and· installation of the Street Improvements and the assessment of the Improvement Costs as set forth in. Section 1 above. Section 5. This Resolution shall be filed. with the Office of the Register of Deeds of Shawnee County, Kansas and published once in the official County newspaper and following such publication this Resolution shall be effective. PASSED and approved by the Board of Commissioners of Shawnee County, Kansas, this 15th day of June 2017. SHAWNEE COUN1Y, KANSAS ATTEST: Robert E. Archer, Chairman Cynthia A. Beck, County Clerk (SEAL) Kevin J. Cook, Vice Chairman Michele A. Buhler, Commissioner '. ' ROBERTf. PERRY, ESQ. 9422 SW Hoch Road POBox359 Auhuro, Kansas 66402 Voice- 785/256.2266 Mobile- 785/640.1842 [email protected] June 12, 2017 MEMO: Agenda: June 15,2017 TO: Chairman, Bob Archer; Vice Chairman, Kevin Cook; and Commissioner, Michele Buhler, FROM: Bob Perry This resolution authorizes (i) the issuance of Shawnee County, Kansas Revenue Bonds, Series 2013 in the maximum principal amount of $5,000,000 (United Methodist Homes, Inc.) (the "Bonds") and (ii) the execution of a Supplement to an Indenture of Trust with UMB Bank and a Supplement to a Lease Agreement with the United Methodist Homes, Inc. (the "Tenant''), together with related documents. The Bond proceeds will be used to (i) finance certain new improvements to Aldersgate Village and (ii) pay some costs related to the issuance of the Bonds. The Bonds, pursuant to KSA. §12-1740 et seq., (the "Act") are special limited obligations payable solely from rents and revenues due from the Tenant under the Lease Agreement authorized by this Resolution. Under the Act the Bonds do not constitute a debt of the County within the meaning of any constitutional or statutory provision and are not payable in any manner from any taxation. RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS (UNITED METHODIST HOMES, INC.) SERIES 2017, TO PROVIDE FUNDS (i) TO ACQUIRE, CONSTRUCT, INSTALL, EQUIP AND FURNISH ADDITIONS AND IMPROVEMENTS TO A CONTINUING CARE RETIREMENT FACILITY LEASED TO UNITED METHODIST HOMES, INC. AND (ii) PAY CERTAIN COST RELATED THERETO; AND AUTHORIZING AND APPROVING CERTAIN DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF SAID BONDS. ' RESOLUTION NO. 2017-2!1 RESOLUTION AUmORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS (UNITED MEmODIST HOMES, INC.) SERIES 2017, TO PROVIDE FUNDS (i) TO ACQUIRE, CONSTRUCT, INSTALL, EQUIP AND FURNISH ADDITIONS AND IMPROVEMENTS TO A CONTINUING CARE RETIREMENT FACILITY LEASED TO UNITED METHODIST HOMES, INC. AND (ii) PAY CERTAIN COST RELATED THERETO; AND AUTHORIZING AND APPROVING CERTAIN DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF SAID BONDS. WHEREAS, Shawnee County, Kansas (the "County"), is a body ~orporate and politic; and WHEREAS, the County is authorized under K.S.A. 12-1740 et seq., as amended (the "Act"), to issue revenue bonds to provide for the purchase, construction, extension and improvement of projects authorized under the Act and to refund any such revenue bonds; and WHEREAS, the County has issued its $20,630,000 aggregate principal amount of its Revenue Bond (United Methodist Homes, Inc.), Series 2013 (the "Series 2013 Bonds") for the purpose of (i) refunding certain revenue bonds previously issued by the Countyon behalf ofUnited Methodist Homes, InC:" a Kansas nonprofit corporation (the "Corporation"), and (ii) fmancing ·.the costs to enlarge and remodel an existing continuing care retirement community facility and to purchase and construct additions thereto, including buildings, improvements, fixtures and equipmeJ.lt (said facility as enlarged and remodeled, including said additions thereto, together with said equipment and the hereinafter referred to Project, being referred to herein as the "Facility"), all as provided for and to the extent per111itted under the Act; and WHEREAS, the Corporation has requested that the Countyi$sue an estimated $5,000,000 maximum aggregate principal amount ofi1s Revenue Bond (United Methodist Homes, Inc.), Series 2017 (the "Series 2017 Bond"), for the purpose ofproviding funds to (i) refund the Series 1997A Bonds, the Series 2002A Bonds and the Series 2002B Bonds (collectively, the "Refunded Bonds"), (ii) acquire, construct and install repairs and improvements to and equipment for the Facility (the "Project"), and (iii) pay certain costs associated With the issuance of the Series 2017 Bond; WHEREAS, the Board of County Commissioners of the County finds and determines that it is desirable in order to promote, stimulate and develop the general welfare and economic prosperity of the State ofKans~.8Jld the County and its people that the County take the following actions: 1. Issue its R~yenue Bond (United Methodist Homes, Inc.), Series 2017, for the purpose of providing funds, together with other funds of the Corporation (i) to acquire, construct, install, equip and furnish the Project, which together with the Facility will be leased to and operated by the Corporation, and (ii) to pay certain costs associated with the issuance ofthe Series 2017 Bond; 2. Enter into a First Supplemental Lease Agreement (the "First Supplemental Lease"), with the Corporation, which will supplement and amend the Lease Agreement dated as of November 1, 2013 between the County, as lessor, and the Corporation, as lessee, whereby the County leases to the Corporation the Facility (including the Project) in exchange for basic rental payments sufficient to pay the principal of and interest on the Series 2013 Bond, the Series 2017 Bond and any Additional Bonds issued in accordance with the terms of the Indenture and to set , forth other provisions respecting the Series 2017 Bond and the property to be financed and refinanced thereby; 4. Enter into a First Supplemental Indenture of Trust (the "First Supplemental Indenture"), which will supplement and amend the Indenture of Trust dated as of November 1, 2013, each between the County and UMB Bank, N.A., as trustee (the "Trustee"), under which the terms of the Series 2017 Bond are set forth; 5. Enter into a Bond Purchase Agreement (the "Purchase Contracf'), among Central Trust Bank of the Midwest (the "Purchaser"), the County and the Corporation, under which the County agrees to sell the Series 2017 Bond to the Purchaser; and 6. Enter into a Tax Compliance Agreement (the '1'ax Compliance Agreement"), among the County, the Corporation and the Trustee, under which the Corporation makes certain representations and agreements relating to the tax status ofthe Series 2017 Bond. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, AS FOLLOWS: Section 1. Authorization of and Seeurity for the Series 2017 Bond.· the Copnty is hereby authorized to issue and sell the Series 2017 Bond for the purpoSes described above in an aggregate principal amount not to exceed $5,000,000, issued under and secured by and shall have the terms and provisions set forth in the Indenture. The Series 2017 Bond shall be in an aggregate principal amount not to exceed $5,000,000, shall bear interest at a variable rate of interest as set forth in the First Supplemental Indenture, and shall mature in principal installments with a final maturity not later than December 31, 2027, and shall have such other redemption provisions, including premiums, and otherterms as setforth in the First Supplemental Indenture and the Purchase Contract. The final terms of the Series 2017 Bond shall be specified in the Indenture and the Purchase Contract upon the execution thereof, and the signatures of the officers of the County executing the First Supplemental Indenture and the Purchase Contract shall constitute conclusive evidence of the County's approval thereof. The principal of and premium, if any, and interest on the Series 2017 Bond shall be limited and special obligations of the County payable solely out of the rents, revenues and receipts derived by the County pursuant to the Lease. The Series 2017 Bond and the interest thereon shall not be a debt of the County or the State of Kansas and neither the County nor the State of Kansas shall be liable thereon, and the Series 2017 Bond shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Section 2. Form of Series 2017 Bond. The County shall issue the Series 2017 Bond in substantially the form submitted to and reviewed by Robert J. Perry, Esq., on behalf of the County as set forth in the First Supplemental Indenture, with such changes therein as shall be approved by the Chairman or Vice Chairman of the Board of County Commissioners of the County, the Chairman or Vice Chairman's signature thereon, whether manual or facsimile, to be conclusive evidence of the Chairman or Vice Chairman's approval thereof. Section 3. Execution and Authentication of Series 2017 Bond. The Chairman or Vice Chairman of the County is hereby authorized and directed to execute the Series 2017 Bond on behalf of and as the act and deed of the County by manual or facsimile signature. The Clerk or Deputy Clerk of the County is hereby authorized and directed to cause the County's seal to be affixed thereto or printed thereon and to attest said seal, all in the manner provided in the fudenture. Said officers are hereby further authorized and directed to deliver the Series 2017 Bond on behalf of the County to the Trustee for authentication in accordance with the Indenture. Section 4. Approval of Documents. The First Supplemental Indenture, the First Supplemental Lease, the Purchase Contract and the Tax Compliance Agreement are hereby approved, with such changes therein as shall be approved by the Chairman or the Vice Chairman, his execution thereof to be conclusive evidence of such approval. The Chairman or Vice Chairman of the County is hereby authorized and directed to execute and deliver the First Supplemental Indenture, the First Supplemental Le~e, the Purchase Contract and the Tax Compliance Agreement on behalf of and as the act and deed ofthe County. The County Clerk or the Deputy Clerk to the extent it deems it necessary or appropriate, is hereby authorized to affix the County's seal thereto and to attest said seal, but the omission of the affixing of the County's seal thereto shall not impair the validity, binding effect or enforceability of said documents or of the execution and delivery thereof on behalf of the County. Section 5. Further Authority. The County shall, and the officers, agents, and employees of the County are hereby authorized and directed to, take such further action, and executesuch other documents, certificates and instruments, including, without limitation, any security documents, .-hitrage certificate, closing certificates and tax forms, as may be necessary or desirable to carry out and coltiply with the intent of this Resolution, and to carry out, comply with and perform the duties of the County with respect to the Series 2017 Bond and the documents approved by this Resolution. Section 6. Repeal of Conflicting Resolutions. AUprior resolutions of the County or any parts thereof in conflict with any or all of the foregoing resolutions are hereby repealed to the extent of such conflict. Section 7. Severability•. If any section, paragraph, clause or provision of this Resolution shall for any reason be ·held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall no~ affect any remaining provisions of this Resolution. Seetion 8. Effective Date. This Resolution shall take effect and be in full force immediately after its adoption by the County. ADOPTED by the governing body of Shawnee County, Kansas this 15th day of June, 2017. BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS Robert E. Archer, Chairman Kevin J. Cook, Commissioner Michele A. Buhler, Commissi~r ATTEST: Cynthia A. Beck County Clerk Shawnee County c Sheriff's Office I Sheriff Herman T. Jones Law Enforcement Center 320 S. KANSAS, SUITE 200 TOPEKA, KANSAS 66603-3641 785-251-2200 MEMORANDUM June 8, 2017 To: Board of County Commissioners From: Sheriff Herman T. Jones Ref: Motorola Annual Service Agreement - Network Preventive Maintenance This is a renewal of the Motorola Service Agreement. This agreement incorporates an additional service from Motorola by providing advanced network inspections and preventive maintenance to the Shawnee County radio communication network. Further, this will increase the yearly maintenance contract by $15,146.04, raising the annual service contract to $236,991.00. The additional service will provide annual optimization at each of the seven communication towers. These high-level inspections are essential and will ensure that the best possible coverage of dependable radio communications exists for the thousands of city, county, and federal end-users whom rely daily on the Shawnee County radio network. Please find the attached quote from Motorola outlining the services description as well as the Service Terms and Conditions. To provide a better frame of reference I am including the 2016 Invoice and Request to Purchase approved September 29, 2016. These services will be paid for utilizing 911 Funds. I will be happy to answer any question you may have. Please place this on your June 15, 2017 Agenda. Respectfully, Sheriff Herman T. Jo es Shawnee County SHAWNEE COUNT~ SERVICE AGREEMENT CONTRACT ;p C¥B--.u>l 1 1299 E Algonquin Road Contract Number: USC000005239 Schaumburg, IL 60196 Contract Modifier: (BOO) 247-2346 Date: 15-MAY -2017 Required P.O.: N/A Customer#: 1000436677 Company Name: Shawnee County Bill to Tag#: 0001 Attn: Jeremy Rabb Contract Start date: 01-JUL-2017 Billing Address: 320 S Kansas Ave #200 Contract End date: 30-JUN-2018 City, Province, Postal Code: Topeka,KS,66603 Anniversary Day: Jun 30th Customer Contact: Payment Cycle: Advance Invoice Phone: Currency: USD MONTHLY EXTENDED QTY MODEUOPTION SERVICES DESCRIPTION EXT AMT ***** Recurring Services ***** SVC01 SVC0032C ASTRO NETWORK MONITORING-CTD SVC01 SVC0053A ASTRO SECURITY MONITORING CTD SVC01 SVC1105C ASTRO CUSTOMER TECHNICIAN DISPATCH SVC01 SVC1108C ASTRO INFRASTRUCTURE REPAIR SVC01 SVC201 OC SP-ASTRO TECHNICAL SUPPORT SERVICE SVC01 SVC2012C SP- CONTRACT ADMINISTRATION SERVICE SVC04SVC0016C SECURITY UPDATE SERVICE SVC03SVC0111 D NETWORK PREVENTATIVE MAINT Sub Total Taxes SPECIAL INSTRUCTIONS - ATIACH Grand Total 19,749.25 236,991.00 STATEMENT OF WORK FOR PERFORMANCE DESCRPTIONS TAXES MAY APPLY AS PER THE JURISDICTIONS I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Servi Agreement, is incorporated herein by this reference. TITLE DATE COPY CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE (SIGNATURE) TITLE DATE MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE Company Name : Shawnee County Contract Number : USC000005239 Contract Modifier Contract Start Date: 01-JUL-2017 Contract End Date : 30-JUN-2018 coPY Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES COPY 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30a.m. to 4:30p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola tore-perform the non-conforming Service or to refund, on a pro rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COPY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17 .1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and COPY effect. 17 .2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17 .6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17 .8. If Motoro Ia provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Revised Oct 15, 2015 COPY Page 1. of 1. G MOTOROLA INVOICE TOTAL INVOICE AMOUNT: $:!:!1, 844.96 MOTOROLA SOLUTIONS, INC. MOTOROLA INVOICE NUMBER: 78356930 1301 E. Algonquin Road INVOICE DATE: 08/:!3/2016 Schaumburg. IL 60196 PAYMENT DUE: 09/l.Z/:!016 CUSTOMER ACCOUNT NUMBER: 1.000436677 0001 Visit our website at :www.motorotosotutlons.com PURCHASE ORDER DATE: YOUR PURCHASE ORDER NUMBER: LARGE CONTRACT BILL TO SHAWNEE COUNTY 3:10 S KANSAS AVE #200 TOPEKA, KS 66603 For questions concerning this Invoice please contact Motorola at: 631-883-4:188 00003-00003-00003 Payment Terms: NET 20 Motorola Solutions, Inc. Federal Tax Id: 36-1115800 Sales Order Number: S00001023556 Invoice Detail Description Amount (_J:!&L. BILLING FOR YOUR SERVICE AGREEMENT SERVICE PERIOD FROM 01-JUL-16 TO 30-JUN-17 ~-ocr 1 MOTOROLA CONTRACT # S00001023556 RN17-AUG-16 15:52:35 rtrm· ..d •• :.,::c_ ...... -Recfk:hlT . ;:; "'H"~reo to C!erf<:; · Zl'JL SUBTOTAL ZOift:J 2:11,644.96 PLEASE PAY THIS AMOUNT (PAYMENT DUE: 09/12/2016) 221,644.96 ECE1VE"' t~EP l 9 2C•51 Detach hero and return bottom portion with your payment Payment Coupon INVOICE NUMBER CUSTOMER ACCOUNT NUMBER PAYMENT DUE 76356930 1000436677 0001 09/12/:!016 Invoice Total Amount Paid $221,844.96 Please put your Invoice Number and your CustQmer Account Number on your check for prompt processing Send Payment To: SHAWNEE COUNTY • MOTOROLA 320 S KANSAS AVE #200 MOTOROLA SOLUTIONS, INC. TOPEKA, KS 66603 13106 Collections Center Drive CHICAGO, IL 60693 0706030506090300 1000436677 0001 0000 082316 0022184496 02 ~to (v · · ·entered in Ledger:______IFAS PO------REQUEST TO PURCHASE SHAWNEE COUNTY SHERIFF'S OFFICE 320 S. KANSAS AVE. SUITE #200 TOPEKA, KANSAS 66603-3641 PHONE 785-368-2200 FAX 785-368-2385 Date Requested by: ~er Division Communications Subdivision ----- Initialed Phone No. 2247 Approved 0 Denied 0 By Sgt: Date H,_.,_,.,,_,,09/15/2016 ____,._ Approved 0 Denied 0 By Lt: Approved ~ Denied 0 By Capt: atP--- JJ.~/!f:_ Approved fK1 Denied 0 By Major: 2. .. :/_f, . j(p - Approved ~ Denied 0 By U/S: __e /~_-k Approved w Denied 0 By Sheriff: cz-;9:-;G Key Code 911 funds Object Code _;;..;;.;;;;...;,_;;__,50210 ______QUANTITY ITEMS (DESCRIBE FULLY) UNIT PRICE AMOUNT Billing for Service Agreement got July 2016 1 $221 ,844.96 $221 ,844.96 to July 2017 on the P25 radio system . • Cfj12j1C, - Dt. .. ~ - "nP"'-" '-"' . f., (.(_ u(I' o,,/2,, /("" IJv- I a.L $0.00 $0.00 Contract Payment $0.00 ··--w"'''"'""''''"~"''''''''-'"'''''"''' ···--···--·-·---""""'"' ·-···»·•·-·····»-··----··---···--- --·-·-·-...... ·~·~· .... ·--~------· $0.00 Order# TOTAL $221,844.96 BIDS Vendor Name & Phone# AMOUNT Motorola 1 Phone# Here Name Here 2 Phone # Here Name Here 3 Phone # Here I f--.....,______0 Merchandise ordered by/date: ----...... ,,...... -...... _,...! IF AS PR #: ...-- ..... - ...... - ...... --.--.. ·-----·-·...... __ ,.. ___ _ 0 Merchandise partially recei~~d by/date: .! Received in IFAS date: ...... _. 0 Merchandise completely received by/date: ; Received in IFAS by: 20081002 1/l~m -p Shawnee County Health Department J Linda K. Ochs, Interim Director 2600 SW East Circle Dr., Topeka, KS 66606 Public Health Ph. 785.251.5600 Fax 785.251.5696 Prevent. Promote. Protect. I www.shawneehealth.org Shawnee County Health Department June 8, 2017 TO: Board of County Commissioners of the County of Shawnee, Kansas FROM: Linda K. Ochs, Interim Director j)..o H~ RE: Approval to purchase media buys with Lamar Advertising for education and awareness of the Kansas Tobacco Quitline available through the Shawnee County Health Department and Kansas Department of Health and Environment Action requested: Approval to purchase media buys with Lamar Advertising for education and awareness of the Kansas Tobacco Quitline available through the Shawnee County Health Department (SCHD) and Kansas Department of Health and Environment (KDHE). SCHD has received funding to support efforts in educating and assisting individuals in regards to the Kansas Tobacco Quitline. In order to increase awareness of tobacco cessation resources available to the community, SCHD will work with Lamar Advertising via two separate billboards to increase awareness of the Kansas Tobacco Quitline. These advertisements will be focused in the census tract areas with the highest rates of tobacco users. This initiative will be paid through grant dollars received via the Chronic Disease Risk Reduction grant through KDHE. There is no match required for this contract; therefore, there is no cost to Shawnee County. Media will include the following: Lamar Advertising 1st Billboard- 6tn and July-August 2017 $1,900.00 MacVicar (cost includes production cost for both boards) 2nd Billboard - 13th and No Cost California LKO/klw Attachment C: Betty Greiner, Director of Administrative Services Craig Barnes, SCHD Interim Public Information Officer Edith Matthews, SCHD Finance Officer Leading the Way to a Healthier Shawnee County SHAWNEE COUNTY CONTRACT ;tES: Topeka g0fe0g#QJ27 2501 NE Meriden Road [ICY+JGY: CONTRACTED DIRECTLY BY ADVERTISER Customer# 599422-0 Name SHAWNEE COUNTY HEALTH DEPARTMENT Address 2600 SW EAST CIRCLE DRIVE City/State/Zip TOPEKA, KS 66606 Contact Craig Barnes Email Address Craig [email protected] Phone f# (785) 251-5612 Faxf# (785) 368-2070 P.O./ Reference f# Advertiser/Product SHAWNEE COUNTY HEALTH DEPARTMENT Campaign 10221 280-5HAWNEE 424288 COUNTY. KS Total Space Costs: $1,600.00 Total Costs: $1,900.00 Special Considerations: Advertiser authorizes and instructs The Lamar Companies (Lamar) to display in good and workmanlike manner. and to maintain for the terms set forth above, outdoor advertising displays described above or on the attached list. In consideration thereof, Advertiser agrees to pay Lamar all contracted amounts within thirty (30) days after lha data of billing. Advertiser acknowledges and agrees to be bound by the terms and conditions on all pages of this contracl The Agency representing this Advertiser in the contract executes this contract as an The undersigned n~~ras~ntative or agent of Advedlser hereby warr~nts to ~mar th'!t agent for a disclosed principal, but hereby expressly agrees to be liable jointly and he/she is the severally and In solido With Advertiser for the full and faithful performance of ColJIIJlission Chair Advertise~s obligations hereunder. Agency waives notice of default and consents to "---'------(Offlcerftltle) all extensions of payment. of the Advertiser and Is authorized to execute this contract on behalf of the Advertiser. Customer: SHAWNEE COUNTY HEALTH DEPARTMENT Signature: (signature above) Nama: Robert E. Archer, Chair (print name above) Board of Shawnee County Commissioners . ) 1 ,, Dale: ,;.;, ':•VC.! :(~to Lo alitv (dateabove) dr u t-orm: Date~ _-o:z::.:._:..:..l,:..J-_____;______:., ______---l 7 INITIALS IIIII II 11111111 11111111111111 1111111111 II 111111 111111111111111111111111111111111111111 II Page1 of2 Topeka Date: 612/2017 2501 NE Meriden Road ~CY4,-GYt41 New/Renewal: NEW Topeka. KS 66617 Account Executive: Scott Strecker Phone: 785·234·0501 CONTRACT # 2813258 Phone: 785-234-0501 Fax: 785-234-1518 THE LAMAR COMPANIES This contract is NOT BINDING UNTIL ACCEPTED by a Lamar General Manager. ACCOUNT EXECUTIVE: Scott Strecker G~EL DATE STANDARD CONDITIONS 1. Late Artwork: The Advertiser must provide or approve art work, materials and installation instructions ten (10) days prior to the initial Service Date. In the case of default In furnishing or approval of art work by Advertiser, billing will occur on the initial Service Date. 2. CopyrighUTrademark: Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, state or federal. Advertiser agrees to defend, indemniFy and hold Lamar free and harmless from any and all loss, liability, claims and demands, Including attorney's fees arising out of the character contents or subject matter of any copy displayed or produced pursuant to this contract. 3. Payment Terms: Lamar will, from time to time at Intervals following commencement of service. bill Advertiser at the address on the face hereof. Advertiser will pay Lamar within thirty (30) days after the date of invoice. If Advertiser fails to pay any invoice when it is due, in addition to amounts payable thereunder, Advertiser will promptly reimburse collection costs, Including reasonable attorney's fees plus a monthly service charge at the rate of 1.5% of the outstanding balance of the invoice to the extent permitted by applicable law. Delinquent payment will be considered a breach of this contract. Payments will be applied as designated by the Advertiser; non designated payments will be applied to the oldest invoices outstanding. 4. Service Interruptions: If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature, Including but not limited to acts of God, strikes, work stoppages or picketing, or in the event of damage or destruction of any of the spaces. or in the event Lamar is unable to deliver any portion of the service required In this contract, including buses in repair, or maintenance, this contract shall not terminate. Credit shall be allowed to Advertiser at the standard rates of Lamar for such space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended. In the case of illumination, should there be more than a 50% loss of illumination, a 20% pro-rata credit based on four week billing will be given. If this contract requires illumination, it will be provided from dusk until 11 :OOp.m. Lamar may discharge this credit, at its option, by furnishing advertising service on substitute space, to be reasonably approved by Advertiser, or by extending the term of the advertising service on the same space for a period beyond the expiration date. The substituted or extended service shall be of a value equal to the amount of such credit. 5. Entire Agreement: This contract. all pages. constitutes the entire agreement between Lamar and Advertiser. Lamar shall not be bound by any stipulations. conditions, or agreements not set forth in this contract. Waiver by Lamar of any breach of any provision shall not constitute a waiver of any other breach of that provision or any other provision. 6. Copy Acceptance: Lamar reserves the right to determine if copy and design are in good taste and within the moral standards of the individual communities in which it is to be displayed. Lamar reserves the right to reject or remove any copy either before or after installation. including immediate termination of this contract. 7. Termination: All contracts are non-cancellable by Advertiser without the written consent of Lamar. Breach of any provisions contained in this contract may result in cancellation of this contract by Lamar. 8. Materials/Storage: Production materials will be held at customer's written request. Storage fees may apply. 9. Installation Lead Time: A leeway of five (5) working days from the initial Service Date is required to complete the installation of all non-digital displays. 10. Customer Provided Production: The Advertiser is responsible for producing and shipping copy production. Advertiser is responsible for all space costs involved in the event production does not reach Lamar by the established Service Dates. These materials must be produced in compliance with Lamar production specifications and must come with a 60 day warranty against fading and tearing. 11. Bulletin Enhancements: Cutouts/extensions, where allowed, are limited in size to 5 feet above, and 2 feet to the sides and 1 foot below normal display area. The basic fabrication charge is for a maximum 12 months. 12. Assignment: Advertiser shall not sublet, resell, transfer. donate or assign any advertising space without the prior written consent of Lamar. INITIALS llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Page 2 of 2 Rev. 09/2013 ATTACHME~T TO t\. Acet:PH:'iCE OF CONT!lWT. This contract shall not be considered SIJ..\ \\'NEE COl:NTY CONTRACT C ____ accepted, appmv.:d or otlli!IWise dlective until the required approvals and cc:~tifications have been given ami this is signed by the Board of CONTRACTUAL PROVISIONS ATTACHMENT County Commissioners of the: County of Shawnee, Kansas. The undersigned panies agree that tlte following provisions arc hcn:by incOI]lOrated into the contract to which it is attached and made a part thereof, 7. AR8IT!l\!ION, 0.\MAQt!S, WARR.\NTIES. Notwithstanding any said contract being dated the ___ day of ------language to tlte conh':lry, no interpretation shall be allowed to find the 20__ . County has agreed to binding arbitration, or the payment of dantages or penalties upon tho: occurrence of a contingency. Further. the Cotmty I. TERMS HEREI:'i CONTROLLI:'iC PROVISIONS. It is e:tpressly agreed shall not agree to pay attornl!y fees and late payment charges; and no tltat the tenns of each and every provision in this attachment shall provisions will be given dlect which attempts to exclude, modify, prevail and control over the ll:nns of any other conflicting provision in disdaim or otherwise attempt to limit implied warranties of any other doctunent relating to and a p:ttt of the contract in which this merchantability and fitness for a patticular purpose. attaclunent is incorporated. 8. REPRES[.'OT.-\TlVE'S AUTIIORITY TO CONTRACT. By signing this 2. AGREEMt!:-11' Wrru KANSAS LAW. It is agreed by and bt:twtlen the document, Ute rupn:sentative of the contractor thereby repre.~"llt.~ that tmdersigned that all disputes and matters whatsoever arising under, in such person is duly authorized by the contractor to executo: this connection with or incident to this contract shall be litigated. if at all, in document on behalf of the contractor and that the con1t11ctor agrees to be and betore a Cotut located in the State of Kansas, U.S.A., to the hound by the provisions thereof. exclusion of the Courts of any other states or country. All contractual agn:emt:nts shall be sul1iect to, governed by, and construed according to 9. RESPONSIUILITY FOH TAXES. The County shall not be responsible fur, the laws of the State of Kansas. nor indemnify a contractor for, any fedeml, state or local taxes which may be imposed or levied upon the subject matter of this contract. 3. TERMINATION DUE TO l.ACK OF FUNDING APPROPRIATION. Shawnee County is subjL'CI to the Kansas Cash I 0. INSURA.'~CE. The County shall not be required to purchase, any Basis Law, K.S.A. 10-JIO I et s<:q. If, in the judgm~'llt uf the Financial insurance against loss or damage to any personal propetty to which this Administmtor, Audit-Finam:e Office, sutlicient funds are not contra~'! relates, nor shall this contract require the County to establish a approptiated to continue the: function pertbnn~'d in this agn:ement and ·'self-lllsurancc'' lund to protect against any such loss or danmge. tbr the payment of the charges hereunder. County may tc:nninate this Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75- agreement at the end of its curn:nt liscal year. County agn."Cs to give 610 I et seq.), the vend<>r or lessor shall bear the risk or any loss or written notice of tennination to contrnctor at least thnty (30) days prior damage to any personal property to which vendor or lessor holds title. to dte end of its cutTent liscal YL'al'. In the event this agn:em.:nt is tenninated pursuant to this pangraph, CotUtty will pay to the contractor all regular cuntt':lctual payments incumd through tht: end of such fiscal YEN~OR, year. The tennination of the contract pursuant to this paragraph shall not cause any penalty to be charg~' 4. DISCLAIMER OF Lf..\BU.Jl'Y. Neither the County of Shawnee nor any ~00~ J,{.-t.M/£M. department thereof shall hold harntless or indenutify any contractor for Tit!.:: any liability whatsoever. (,/~( 'UI) 5. A." June 7, 2017 TO: Board of Commissioners Shawnee County ~9f FROM: John E. Knight, Dire{tq~ Parks + Recreation 7J RE: Fill Vacant Position- Park Police Officer Asset Management- Park Police Purpose: Board of Commissioners approval is requested to allow the department to fill a vacant position within the department. The Park Police Officer position provides law enforcement in the Shawnee County park system. Officers are also responsible for conducting security and law enforcement functions for all park lands and facilities as well as offering mutual aid for other emergency services agencies in the area. Justification: Under the supervision of the Park Police Chief, this position completes preventative patrol of the park lands and park waterways; performs traffic duties (accident investigation, enforcement, etc.); responds to calls for service; makes citizen contacts in resolving disputes involving park facilities, prepares and submits paper and computer reports pertaining to criminal activity, vehicular accidents, citations and summons, memorandums, security and law enforcement surveys and related correspondence and assists other local agencies pertaining to law enforcement. The annual salary, including benefits for a Park Police Officer is $54,276. Sufficient funding for this position is available in the department's 2017 operating budget. The department requests approval to fill this position and any subsequent position that becomes open as a result of filling this vacancy. JEK/lrk JB parks.snco.us Shawnee 1~ounty "-', rf; P.arKs+ '!. recreation June 6, 2017 TO: Board of Commissioners Shawnee County •· ~~ FROM: John E. Knight, DirectoOer-t Parks + Recreation ~ RE: LaborMAX Agreement Outdoor Adventure Division- Community Events Purpose: Board of Commissioners consideration and execution of the LaborMAX agreement to provide temporary staffing for the July 4th Spirit of Kansas activities held at Lake Shawnee. LaborMAX shall provide 13 temporary staff for eight (8) hours to perform duties and requirements needed by Parks + Recreation during the holiday event. Expenses for LaborMAX contracted services are $1,414.40, payable from the Parks+ Recreation operating budget. Justification: Shawnee County is able to save substantial expenses by contracting cleaning and stocking of restroom facilities and litter control on Lake Shawnee parkland during this community holiday event. JEK/blt so Attachments parks.snco.us ' , , · ·" . . , • 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-2600 ·, ', SHAWNEE COUNT't LaborMax Staffing CONTRACT #G:J.C[]--J..OJ 7 2601 SW 21st Street Suite A TOPEKA, KS 6~604 Phone: (785.) 783~7001 Fax:(785) 783-7005 QUOTE FOR SERVICE riscOae, Real User E'J>Cricn