BOARD OF COUNTY COMMISSIONERS AGENDA
THURSDAY, MARCH 20, 2014, 9:00A.M.
COMMISSION CHAMBERS, ROOM B-11
I.
II.
III.
IV.
PROCLAMATIONS/PRESENTATIONS
UNFINISHED BUSINESS
CONSENT AGENDA
1.
Reflect that Commissioner Archer signed a letter to the Kansas Dept. of Health and Environment
to continue participation in the Outreach, Prevention and Early Intervention Services program
funding with a $175,000 matching funds from the Early Childhood Block Grant-Health Agency.
2.
Consider acceptance of easements and authorization to pay the property owners the agreed
settlement amount of$500.00 for the SW 77th Street culvert over un-named Tributary to Six-mile
Creek project-Public Works/Solid Waste.
3.
Consider authorization and execution of Contract C123-2014 with Presstek for annual
maintenance of the Formax folder sealer in an amount of$967.14-lnformation Technology.
4.
Consider authorization and execution of Contract C124-2014 with Software Diversified Services
for annual maintenance for the software product IPCP-PLUSNSE in an amount of$1,739.00Information Technology.
5.
Acknowledge receipt of Summons in Case No. 14C000161-Lana Brown vs. Board of County
Commissioners of Shawnee County, Kansas, et al and Case No. 14C000234-Wells Fargo Bank
National Association vs. Board of County Commissioners of Shawnee County, Kansas, et al.
NEW BUSINESS
A. COUNTY CLERK- Cynthia Beck
1.
Consider all voucher payments.
2.
Consider correction orders.
B. CORRECTIONS- Brian Cole
1.
Consider authorization and execution of Contract C125-2014 with Thomson Reuters (Westlaw)
for provision of legal research access to inmates at a cost of $486.21 per month to be paid for from
the inmate wellness account.
2.
Consider authorization and execution of Contract C126-2014, second amendment to Master
Services Agreement with Securus Technologies, Inc. reducing the commissions received by
Shawnee County on interstate inmate telephone services by approximately $1,870.00 monthly.
C. PARKS AND RECREATION- John Knight
1.
Consider approval of request to award bids for pool chemicals for the operation of aquatic
facilities for the 2014 season at an approximate cost of$100,000.00.
D. APPRAISER- Mark Hixon
1.
Consider authorization and execution of Contract C127-2014 with The Sidwell Company for
annual maintenance and support for Parcel Builder Plus software in an amount of$5,955.00.
E. AUDIT FINANCE- Betty Greiner
1.
V.
VI.
Update on expenditures and revenues.
ADMINISTRATIVE COMMUNICATIONS
EXECUTIVE SESSIONS
Shawnee County Health Agency
1615 SW 81h Avenue- Topeka, Kansas 66606-1688
Ph. (785) 368-2000 Fax (785) 368-2098
www.shawneehealth.org
Allison Alejos, Director Local Health Department
Alice Weingartner, Director Community Health Center
March 14, 2014
TO:
Board of Commissioners
Shawnee County
FROM:
Allison Alejos (\£0
Director - Local Health Department
RE:
CONSENT AGENDA- Acknowledge Commissioner Archer's Signature
to Participate in Outreach, Prevention and Early Intervention Services
Program Funding for the Shawnee County Health Agency
Action Requested: Acknowledgement of Commissioner Archer's signature to
participate in Outreach, Prevention and Early Intervention Services program
funding for the Shawnee County Health Agency (SCHA) through the Kansas
Department of Health and Environment (KDHE).
SCHA programs operating under the Outreach, Prevention and Early Intervention
Services program funding are Bright Beginnings Healthy Futures-Nurse Family
Partnership and Kansas Children's Service League's Healthy Families.
In order to receive funding from KDHE, SCHA must provide match dollars in the
amount of $175,000, which will be paid from the Early Childhood Block Grant. There is
no cost to Shawnee County.
AA!klw
Attachment
C: Diane Creek, Division Manager- SCHA Public Health Outreach
Leading the way to a healthier Shawnee County
§
J
Shawnee County Health Agency
Local Health Department
Leading the Way to a Healthier Shawnee County
March 3, 2014
Kansas Department of Health and Environment
Division of Health Care Finance
Attn:
Contracts Unit/Christi Waugh
900 SW Jackson St., Room 900-N
Topeka, Kansas 66612
Attn:
Christi Waugh
Contract Manager
Dear Ms. Waugh,
The Shawnee County Commission wishes to participate in the Outreach, Prevention and Early
Intervention Services program funding through Kansas Department of Health and Environment.
The
programs that are operating under the Outreach, Prevention and Early Intervention Services program
funding are Shawnee County Health Agency's Bright Beginnings Healthy Futures-Nurse Family
Partnership program and Kansas Children's Service League's Healthy Families program.
County Commission understands that a match is required.
Early Childhood Block Grant.
with state tobacco dollars.
The Shawnee
The source for matching dollars will be from
The Early Childhood Block Grant is funded by Children's Initiative Fund
The Early Childhood Block Grant has adequate funds to provide the
$175,000 match for the Bright Beginnings Healthy Futures-Nurse Family Partnership program.
Sincerely,
~---------County Commissioner,
Shawnee County, Kansas
1615 SW 8th Topeka, KS 66606
www.shawneehealth.org
I 785.251.2000
Shawnee County
Department of Public Works
1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867
785-251-6101
FAX 785-251-4920
THOMAS C. VLACH, P.E.
DIRECTOR OF PUBLIC WORKS
COUNTY ENGINEER
MEMORANDUM
DATE: March 13, 2014
TO:
Board of County Commissioners (Consent Agenda)
FROM: Michael M. Welch, P.E. fl1~w-­
Civil Engineer II
RE:
Acceptance of Right ofWay
Project No. 97107-01, Culvert Replacement
SW 771h Street, 0.26 mi East of SW Fairlawn Road
Culvert over un-named Tributary to Six-mile Creek
The Public Works Department has reached agreement with the following list of landowners to
acquire permanent and temporary easements for construction of the referenced project. We
request your acceptance of the attached easements and authorization for payment.
Owner
Item
Wynona C. Seward Trust,
Wynona C. Seward Trustee;
St. John, Christopher H. & Trudy L. (PUC);
St. John, David J. & Catherine L. (PUC)
Temporary Easement
Encl.
cc: Tom Vlach
File
Value
0.026 acres
$500
----------------- ···-·---·-·-- ...
Easement No. 3T
Project No. 97107-01
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this
day of
20~ by and between
Wynona C. Seward, Trustee of the Wynona C. Seward Trust U/AID April 9, 1997 and Christopher H. and
Trudy L. St. John, husband and wife, PUC dated May 20, 2003, and David J. and Catherine L. St. John,
husband and wife, PUC dated May 20, 2003, hereinafter referred to as the Landowner; and THE BOARD
OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as
the County.
t.jk.
t'V\t.v£L
,
WITNESSETH, That Landowner in consideration of One Dollar ;;md no/1 00_ ($1.00) and other
valuable considerations, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell
and convey unto said County, its duly authorized agenis, contractors and assigns, a temporary easement
over and through the following described r\'!al estate in the County of Shawnee, and State of Kansas, towit:
(Signature, date and seal of a Registered Land Surveyor certifies that the following real property legal
description is an original description and has been prepared by or under the direct supervision of
subscribed Registered Land Surveyor. K.S.A. 74-7003)
A tract of land in the North Half of the Northwest Quarter of Section 15, Township 13 South,
1
Range 15 East of the 6 h P.M., in Shawnee County, Kansas, more particularly described as follows:
Commencing at the Northwest corner of said Northwest Quarter;
thence Easterly along the
North line of said Quarter a distance of 1300 feet; thence Southerly at a right angle to said North line a
distance of 25 feet to a point on the existing road right of way and the Point of Beginning; thence Easterly
parallel to said North line and 25 feet South of said North line on said existing road right of way a distance
of 150 feet; thence Southwesterly a distance of 76.5 feet to a point that is 1375 feet East of the
Northwest corner of said Northwest Quarter and 40 feet South of and at a right angle to said North line;
thence Northwesterly a distance of 76.5 feet to the Point of Beginning.
The above described tract contains 1125 square feet, more or less.
It is further understood and agreed that Landowner for the above consideration does hereby grant
to the County, for construction purposes only; the r[ght of but not limited to e_ntry, occupation, sloping,
grading, clearing, grubbing, excavation and the stora'§le' of mater.ials during the -construction of a Culvert
and Drainage improvement.
·, ' .. ··
·· ·· ·, ·. ·
·
This easement shall expire ---"o""'n,._e_ _ _ _ years from date.
Should one or more of the Landowners be natural persons not joined by their respective spouses,
it is conclusively presumed that the land conveyed is not the residence or business homestead of such
Landowner(s). Should one or more of the grantors be a legal entity other than a natural person, it shall
be conclusively presumed that the person signing on behalf of that party has been duly and legally
authorized to so sign and there shall be no necessity for a seal or attestation.
Easement No. 3T
Project No. 97107:-01 :
.
'-'.
IN WITNESS WHEREOF, Said Landowner has hereunto set their hand the day and year first
above written.
Wynona
. eward Trust
Purchasers Under Contract
Catherine L. St. John ·
Easement No. 3T
Project No. 97107-01, SW 771h Street Culvert, 0.26 mi East of SW Fairlawn Road
STATE OF KANSAS, COUNTY OF SHAWNEE, ss.
BE IT REMEMBERED, that on this 'f~ day of
t-v~
, 20_!_±_, before me, the
undersigned, a notary public in and for the County and State aforesaid, came Wvnona C. Seward,
Trustee of the Wvnona C. Seward Trust UIND April 9, 1997, personally known to me to be the same
person who executed the within instrument of writing, and such person duly acknowledged the execution
of the same.
Vvl.
IN WITNESS WHEREOF, I have hereunto set
m~nd affixed
year last above written.
\
my notarial seal, the day and
~~
'ryPu~~~
·"'"~ ~;")BERTC. TAGGART
C
My commission expiresf :·.
l ·
Nola.'Y Public· State of Ka~s
ruary , 2015
STATE OF KANSAS, COUNTY OF SHAWNEE, ss.
~ay
of
,1d0-1v{
, 201J__, before me, the
BE IT REMEMBERED, that on this
undersigned, a notary public in and for the County and State aforesaid, came Christopher H. St. John,
Trudy L. St. John, David J. St. John, and Catherine L. St. John, purchasers under contract dated May 20,
2003, personally known to me to be the same persons who executed the within instrument of writing, and
----·such persons duly acknowledged the execution of the same.
......--- .. --· ....
-----
IN WITNESS WHEREOF, I have hereunto se
year last above written.
My commission expires:
_.:,11t-/-"z=-9_,_~...-/--'-1-'<6""----'---"--
ffi
d my ota "al eal, the d y and
,-~~~~~~~~~~~~~~~-~~----~~-~~-~~~~---------
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Shawnee County
Information Technology
Room 205, Courthouse
200 SE 7th Street
Topeka, Kansas 66603-3933
Memorandum
DATE:
March 17, 2014
To:
Board of County Commissioners
From:
Pat Oblander, Information Technology Director
RE:
Maintenance agreement with Presstek.
Please consider for approval the annual maintenance agreement with Presstek in the
amount of $967.14 for the Formax folder sealer. The folder sealer is used to fold and
seal legal forms, voucher checks and Treasurer checks.
Funding to support this issue, $967.14, is contained in the Information Technology
2014 budget.
It is requested this issue be included as a consent item for consideration by the Board of
County Commissioners.
CPO/mro
fax 785-2.91-4.907
phone 785-2/J.'J-8200 Ext.
40.'JO
C Jl1 - ~o I L.J
.::PRESSTEK
REMIT TO:
Presstek Inc .
3727 Solutions Center
Chicago, IL 60677-3007
••••
• • • • • A SMARTER WAY TO PRINT
1-800-752-5139
Fed ID # 02-0415170
BILL TO:
SHIP TO:
104400 000
104400 000
COUNTY OF SHAWNEE INFO TECHNOLOGY
COUNTY OF SHAWNEE INFO TECHNOLOGY
200 SE 7TH ST STE 205
TOPEKA KS 66603-3933
200 SE 7TH ST STE 205
TOPEKA KS 66603-3933
Purchase Order Number
Contract Information
0069497 SCF
4/01/14
Service Contract
FD2000
FORMAX FOLDER SEALER
PAL
1253
12
80.60
967.14
Period: 4/01/14 to 3/31/15
.00
TAX
Please fax credit card payments to 800-266-0223
Net 30 Days
we honor MC ®I VISA® I AMEX ® and Discover® for Pa[jnt.
Type
R
MC:R VISA ®R AMEX ®
Card Number
Expiration Date
CC Security Code
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Credit Card Billing Zip C o d e - - - - - -
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Shawnee County
Information Technology
Room 205, Courthouse
200 SE 7th Street
Topeka, Kansas 66603-3933
Memorandum
DATE:
March 17, 2014
To:
·Board of County Commissioners
From:
Pat Oblander, Information Technology Director
RE:
Maintenance agreement with Software Diversified Services.
Please consider for approval the annual maintenance agreement with Software
Diversified Services in the amount of $1,739.00 for the software product IPCPPLUSNSE. This software creates communications channels between the
various virtual environments set up within the mainframe.
Funding to support this issue, $1,739.00, is contained in the Information
Technology 2014 budget.
It is requested this issue be included as a consent item for consideration by the
Board of County Commissioners.
fax. 785-2.91-4.907
phone 785-2:!:!-8200 Ext.
IIOSO
~
invoice
SOFTWARE DIVERSIFIED SERVICES
P.O. Box 32707
MINNEAPOLIS, MN 55432
/
INVOICE NO. 140117
PH. 763-571·9000
DATE OF INVOICE
SALESPERSON
TAXPAYER ID #: 41-1389998
COLLEEN RYAN
03-MAR-201
SHIP TO
ATTN: PAT OBLANDER
SHAWNEE COUNTY
200 SE 7TH ST, RM 200
ATTN: PAT OB,LANDER
SHAWNEE COUNTY
200 SE 7TH ST, RM 200
TOPEKA KS
TOPEKA, KS
66603-3933
66603-3971
,,
,,
;
''
29886
02/08/ 9E
,,
1
:
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I NET
''
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(I259) ANNUAL FEE-CORRECTIVE MAINTENANCE
AND FUTURE IMPROVEMENTS TO THE SOFTWARE
IPCP-PLUS/VSE. NO PHYSICAL SHIPMENT.
PERIOD 03-APR-2014 THRU 02-APR-2015
LICENSED CPU: 2086:...110 0050ED
30 DAYS
,,;:,
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.
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1,739.00
1,739.00
PAYABLE IN U.S. DOLLARS.
.
Thank .You
TOTAL
$1 739.00
Shawnee County
Office of County Clerk
CYNTHIA A. BECK
785-233-8200, Ext 4155
Fax 785-291-4912
Website: http//www.snco.us
200 SE 7th Street • Room 107
Topeka, Kansas 66603-3963
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Cynthia A.
RE:
Litigation
DATE:
March 17, 2014
Beck~unty Clerk
Please acknowledge receipt of Summons in
District Court of Shawnee County, Kansas:
the
following
cases
in
the
CASE NO: 14C000161 Lana Brown vs. Board of County Commissioners of
Shawnee County, Kansas et. al.
CASE NO: 14C000234 Wells Fargo Bank National Association vs. Board of
County Commissioners of Shawnee County, Kansas et. al.
which were received in the office of the
forwarded to the County Counselor on this date.
Attachment
Shawnee
County
Clerk
and
1405500292
certified mail by special process
DISTRICT COURT OF SHAWNEE COUNTY KANSAS
200 East 7th
------~---------T-epeka-,-*ansa-s-6-6-6-03.------------------Division 07
Chapter 60
Case Number 14C 000161
LANA BROWN
Plaintiff 1
vs.
BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY
Defendant 4
SUMMONS
To the above named Defendant,
You are hereby notified that an action has been commenced against you in
this court.
If you wish to dispute the claim, you are required to file
your answer to the Petition with the court and serve a copy upon:
NOAH R DUMPERT
BRYAN LYKINS HEJTMANEK & FIN
222 W 7TH STREET PO BOX 797
TOPEKA,
KS
66601-0797
Attorney for Plaintiff 1
Within twenty-one (21) days of service upon you.
If you fail to do so,
judgment by default will be taken against you for the relief demanded in
the Petition. Any related claim which you may have against the plaintiff
must be stateq~a.$ a counter claim in your answer, or you will be barred
from making such claim in any other action.
Dated 24 February, 2014
t
l
~·
Angela M. Callahan
Clerk of the District Court
Official
Seal of tqe District Court
r
Shawnee County Kansas
29 January MDCCCLXI
I
1405500292 CK
,
By NXL1KKK2EF
Deputy Clerk
PG 2
·
F' \LEO
BY CLERK
. t\.S. OIS1R\C1 CLODUl~t
_ HURD JUO\ClA
.
IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANS.&s:KA • KS.
ZU\~ FEB 20 p \2: O?
_ _ _ _ _ _ _ _ _ _ _D-MSI-0-N
LANA BROWN,
Plaintiff,
v.
HAMID cmcus, INC.,
and
Case No. _ _ _ _ __
ARAB SHRINE TEMPLE,
and
SMG,
Pursuant to KS.A. Chapter 60
and
BOARD OF COUNTY
COMMISSIONERS OF SHAWNEE
COUNTY, K..\NSAS,
Defendants.
PETITION
COMES NOW the plaintiff, by and through her attorney, Noah R. Dumpert, and for their
cause of action against the Defendants allege and state as follows:
1. Lana Brown is an adult citizen and resident of Topeka, Shawnee County, Kansas.
2. Defendant Hamid Circus Inc. is a New Jersey Corporation, doing business in the State ofKansas by conducting the Arab Shrine Circus at the Topeka Expocentre in Topeka,
Kansas, and may be properly served through its registered agent, James Hamid, at 3016
Tremont Ave., Egg Harbor Township, NJ, 08234.
3. Defendant Arab Shrine Temple is a non-profit organization with a principal place of
business at 1305 Kansas Ave., Topeka, KS 66612, and may be served through its
Potentate, Rick Moody.
1407100283
personal service by sheriff
DISTRICT COURT OF SHAWNEE COUNTY KANSAS
200 East 7th
~======================~~pe~a~sas -~iY&03-~===.
Division 01
Chapter 60
Case Number 14C 000234
WELLS FARGO BANK NATIONAL ASSOCIATION
Plaintiff 1
SHA\f.tNEE COUNTY CLERK
I o_':;. 7 ~.rn
~
vs.
BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY
Defendant 7
SUMIVIONS
To the above named Defendant,
You are hereby notified that an action has been commenced against you in
this court.
If you wish to dispute the claim, you are required to file
your answer to the Petition with the court and serve a copy upon:
ERIC M LEMP
KOZENY & MCCUBBIN LC
12400 OLIVE BLVD STE 555
ST LOUIS,
MO
63141
Attorney for Plaintiff 1
Within twenty-one (21) days of service upon you.
If you fail to do so,
judgment by default will be taken against you for the relief demanded in
the Petition. Any related claim which you may have against the plaintiff
must be stated as a counter claim in your answer, or you will be barred
from making such claim in any other action.
Dated 12 March, 2014
Angela M. Callahan
Clerk of the District Court
Official
Seal of the District Court
Shawnee County, Kansas
29 January MDCCCLXI
1407100283 CK
By NXL1KKK2EF
Deputy Clerk
PG 2
. FiLED BY ClERK
_K.S. DISTRICT COURT
i HIRQ
JU_DICIAL DIS I
I OPtKA.
Shawn Scharenborg, KS # 24542
Eric M. Lemp, KS # 26178
KS.
========~~~!:=~~~=~~~=cs=t.=L=ou=is=O=ffi=c=e=)==================tll-fq MAR :.:w· P-I~
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
Phone: (314) 991-0255
Fax: (314) 567-8006
K&M File Code:MILDAN07
IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS
Wells Fargo Bank, National Association,
Plaintiff,
Case No.
Div.No. _ __
vs.
Dale E Miller (Deceased)
Serve at:
No Summons to Issue
Topeka, KS 66618
Nellie R Miller
Serve at:
·5621 NW Greenhills Rd
Topeka, KS 66618
Unknown Heirs, Devisees and Legatees of Dale E Miller
Serve at:
No Summons to Issue
Topeka, KS 66618
Unknown Spouse of Dale E Miller
Ser\te at:
5621 NW Greenhills Rd
Topeka, KS 66618
Unknown Spouse of Nellie R Miller
Serve at:
5621 NW Greenhills Rd
Topeka, KS 66618
Unknown Occupant
Serve at:
5621 NW Greenhills Rd
Topeka, KS 66618
1 1 1 1~ Il ~ I I I~ I~ IIIII Il ~ 1 1 1 1 1 1 1 1~
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The Board of County Commissioner of Shawnee, Kansas
Serve at:
====-=--=2ooE-7tl'l'-~R-o-o-m 1~--- -~~-----
Topeka, KS 66603
Defendants.
Petition Pursuant to K.S.A. Chapter 60
PETITION FOR FORECLOSURE OF MORTGAGE
COMES NOW, Plaintiff, Wells Fargo Bank, National Association, and for its cause of
action against the Defendants states as follows:
1. Plaintiff is a corporation duly organized and existing by virtue of law.
2. Venue is proper in this District by way of the subject matter, i.e., the foreclosure of a
mortgage on certain real estate located in the County of Shawnee, State of Kansas.
3. On or about December 14, 2004, Dale E Miller (Deceased), [hereinafter "Borrower(s)"]
borrowed money from, executed and delivered to Wells Fargo Bank, National Association, a
Note, payable in monthly installments, in the original principal sum of $174,500.00, together
with interest as stated. A true and correct copy of the Note is attached and incorporated by
reference as if fully set forth as Exhibit 1.
4. As a part of the loan transaction and in order to secure payment of the Note, Borrower(s)
and Nellie R Miller executed and delivered to Wells Fargo Bank, National Association, a
Mortgage of the same date upon the following described real estate:
PART OF THE SOUTH 50 ACRES OF THE NORTH 80 ACRES OF THE SOUTHWEST
QUARTER OF SECTION 25, TOWNSHIP 10 SOUTH, RANGE 15 EAST OF THE 6TH P.M.,
SHAWNEE COUNTY, KANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT
WHICH IS 1156.4 FEET NORTH AND 208.71 FEET WEST OF SOUTHEAST CORNER OF
SAID QUARTER SECTION; THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID
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Shawnee County
Department of Corrections
501 S.E. 8th Street - Topeka, Kansas 66607
Brian W. Cole, Director
Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4924
Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963
Corrections Annex- 818 SE Adams -Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4930 ·
DATE:
March 17, 2014
TO:
Board of County Commissioners
FROM:
Brian W. Cole, Director
RE:
Request for Approval of Agreement With Thomson Reuters (Westlaw) for
Provision of Legal Research Access to Inmates
y
I am requesting approval of the attached service agreement with Thomson Reuters (Westlaw) for
the continuation of our arrangement with them to provide inmates with access to legal research
resources while incarcerated in our facility.
The department has contracted with Westlaw since 2011 to provide two computer terminals that
are linked directly to their database, allowing inmates to schedule time to conduct research as
they need, pursuant to the Constitutional requirement to provide inmates access to the courts.
The previous agreement, executed on March 3, 2011, called for a 36-month service at successive
annual increases of 5%. This agreement maintains the same terms for the next three years,
beginning on April1, 2014.
The County Counselor's office has approved this service agreement as to legality and form. The
cost of the service agreement would begin at $486.21 a month that will be paid for from the
inmate wellness account (JL213000000) and will not come from the department's detention
fund or any other County tax dollars.
I will be happy to answer any questions you may have.
BC:tp
cc:
Richard Eckert, County Counselor
Betty Greiner, Financial Administrator
Timothy Phelps, Deputy Director
Angela McHardie, Deputy Director
BI
~'
THoMsON REUTERs-
· ·• •
Order Notification
Contad your representative leticia.wessel@thomsonreuters.com with any questions. Thank you.
Order 10: 529300
ISubscriber Information
Account Address:
Account#: 1000676396
SHAWNEE COUNTY JAIL
VVESTLAW CORR
501 SE 8TH AVE
TOPEKA, ·Ks 66601
I
Shipping Addreu:
Billing Addrea:
Account#: 1000676396
~nt#:1000676396
SHAWNEECOUNTYJ~L
SHAIM4EE COUNTY JAIL
VVESTLAW CORR
501 SE 8TH AVE
WESTLAW CORR
§_1)_1_§~ ~TI:LAY.!;L
-·roP-er<A:J<S66eo7
TOPEKA, KS 66607
us -
us
us
785-291-5000
785-291-5000
785-291-5000
,_1P•a•y•m•e.nt•a•n•d•S•h•lp1111p•i•ng._ln.fo•rm-a•tl•o•n_ _ _ _ _ __.l IAdditional Information
Created By: 0081137
Order Source: 27
Revenue Channel: 01
Order Date: 1/3012014 5:49:17 PM
P.O. Number:
Payment Method:
Payment Method: WestAccount
Account Number: 1000676396
Shipping lnfonnatlon:
Shipping Method: FREE Ground Shipping ·U.S. Only
Order Contact Information
First Name
Timothy
I
I
Last Name
Phelps
JPhone
Email Addrass
Contact
Description
I
Tim.Phelps@anco.us
Order
Confirmation
Contact
Contact
Number
I
28
I
Internal Comments
• OF Ver:https://ordermation.west.thomson.com/esigs/ofversion.aspx?
pfv=true&ordergroupid=7e305653b70f4118813c128982c9c2b6&isofview=yes
Renewal items
Product
MateriaiiD
Current
Monthly
Charge*
VVL. PRO KS CORR STATE PLUS
40891871
463.06
Renewal
Term
%1ncrea...
during Renewal
Term
Program Details
Program
Code
36 Months 5% yr 1
5%yr2
5%yr3
Subscriber agrees to commit to the additional months that appear in the Renewal Term column above. The maximum per cent increase for the Monthly
Charges during the Renewal Term appear in the% Increases During Renewal Term column above.
In the event a promotion in the underlying Order required Subscriber to maintain a subscription to certain Welt products in order to be eligible for such
promotion ("Dependency Subscrlptlon(s)"), Subscn"ber must also maintain such Dependency Subscription(&) during the Renewal Term so that Subscriber
may be eligible for the pricing set forth herein. In the event Subscriber terminates any of the Dependency Subscliption(s) during the Renewal Term, any
promotions and related discounts for the Dependency Subsetlption(s) shall immediately terminate.
•current Monthly Charges In effect as of the date of this Order and may not be the rate(&) in effect when rate(s) for the Renewal Term isfara calculated,
depending on the length of the current Minimum Term or current Renewal Term
Effective at the end of the current Minimum Term or current Renewal Term.
NON-GOVERNMENT CUSTOMERS ONLY
Upon conclusion of the Renewal Term designated above, the Subscriber Agreement and this Order Form will automatically renew for consecutive 12-rnonth
periods, and the Monthly Charges for Renewal Term(s) will increase 7% per year unless either party gives written notice of cancellation to the other party at
least 30 days in advance of any Renewal Term. Additionally, West may at its disaetion provide Subscriber with notice at least 60 days in advance of any
Renewal Term of a Monthly Charge increase different from 7% after which Subscriber shall have 30 days to provide West with written notice of canceUation
if Subscriber does not wish to renew. Excluded Charges may be modified as set forth in the Subscriber Agreement. Subscriber is responsible for all
Excluded Charges as incurred. During any Renewal Term, Subscriber's access to and use of any product shall be governed by the respective Subscriber
-Agreement Usage-Cap.for.CLEAR.Subscribels..oaly_lnJbe event SUbGrl~(!!!..~9!J!I.I.~Il~!~. {~!t!!~n:c;&J~_n!_~'!ledule A rates) exceed the then-eurrent
M9!1\t!IY. ~M.~~ ~Y ~~-~n te_~ ~~· in_ any month_, West may at its option, limit access to liVe gateways th8reafter,-requesftfijfthe paitiesentiir iitOgoOd
faith negotiationa or,upon 10 days written
"to Subsi:rilier,termmate Uie Su!fitrlb&rAgreement. ·
nota
GOVERNMENT SUBSCRIBERS ONLY
Upon conclusion of the Renewal Term designated above, Monthly Charges are billed thereafter at then current rates. Excluded Charges (after the Renewal
Term) may be modified as set forth in the applicable Subscriber Agreement. Subscriber is responsible for all Excluded Charges as incurred. During the
Renewal Term and thereafter, Subscriber's access to and use of any product shall be governed by the respective Subscriber Agreement Usage Cap for
CLEAR Subscribers only In the event Subscriber's actual charges (at then-eurrent Schedule A rates) exceed the then-current Monthly Charges by more than
ten times in any month, West may at its option, limit access to live gateways thereafter, request that the parties enter into good faith negotiations or,upon 10
days written notice to Subscriber, terminate the Subscriber Agreement
Subscription Service, Passwords and West km Software. Subscription services may consist of updates and/or supplements to the service, including
but not limited to: (a) CD-ROM Libraries: updated, replacement or supplemental CO-ROMs and online updates, and other related supplemental material; (b) Print
Products: pocket parts, pamphlets, replacement or ancillary volumes; loose-leaf pages and other related supplemental materials; all of which may be billed
separately at then-current rates. Subscriber hereby requests that West provide subscription services for the herein-described products at then-eurrent rates
until such subscription services are cancelled by West or cancelled upon written request by Subscriber (or as provided for in the Subscriber Agreement for
CD-ROM products). Any passwords issued herein may only be used by the person to whom the password is issued and sharing of passwords is STRICTLY
PROHIBITED. Subscribers licensing only LiveNote/Case Note8ooklr111'181ina/Publisher Software will not be issued Westlaw passwords. Any West km software
licenaed hereunder must reside on a dedicated server provided and maintained by Subscriber at Subscriber's expense, and such server must be accessible
to all Subscriber's authorized users. Subscriber's Westlaw Doc Form Builder Data will be web hosted by West. Upon termination of any Vllestlaw Doc and
Form Builder subsciption, West will provide Subscriber access to and the ability to export related Westlaw Doc and Form Buitler Data for 180 days at no
charge. After a commercially reasonable time has passed, but no less than 180 days after the termination of this agreement, west will delate such Westlaw
Doc and Form Bulder Data.
General Provisions for Non Government Subscribers Only. This Order Notification is subject to approval by West, a Thomson Reuters business
(West)in St Paul, Minnesota, and is governed by Minnesota law. The state and federal courts sitting in Minnesota wilt have exclusive jurisdiction over any
claim arising from or related to this agreement Applicable sates, use, personal property, value added tax (VAT) or equivalent, ad valorem and other taxes are
payable by Subacriber. Subacriber may be charged interest for overdue installments and subscriptions and for other open account chargea. If any
installments, subscriptions, subscription services, Westlaw Charges or open account charges remain unpaid 30 days after becoming due, all unmatured
installments, including all amounts that are or would become due and payable for the remaining term of Subscriber's Subscriber Agreement, shall become
immediately due and payable at the sole option of West. Interest charged may be adjusted to the then-highest current rate aRowable on Minnesota contracts.
This Order Notification may not be assigned sublicensed or otherwise transferred without West's prior written consent. All coftection fees, including but not
limited to attorneys fees, are payable by Subscriber. Transportation and handling (FOB origin) charges will be added for print products. West may request a
current financial statement and/or obtain consumer credit report on the undersigned individual to determine creditworthiness. West will only request
consumer credit information on the undersigned if the undersigned is applying for credit as an individual or if the undersigned's consumer credit information is
necessary for West to consider granting credit to the aforementioned company. If Subscriber inquirea whether a credit report was requested, West wUI
provide information of such, if a report was received and the name, address and telephone number of the agency that supplied the report. Usage Cap for
CLEAR Subscribers: In the event Subscriber's actual charges during a month exceed by more than ten times the then-eurrent Monthly Guarantee, West may
limit access to live gateways for the remainder of the month.
General Provisions for Government Subscribers Only. This Order Form is subjed to approval by West in Sl Paul, Minnesota, and is govemed by the
laws of Subscriber's state. The courts sitting in Subscriber's state wiD have exclusive jurisdiction over any claim arising from or related to this agreement. If
Subscriber is a U.S. Federal Govemment subscriber, this Order Form is governed by the laws of the United States of America. Applicable sales, use,
personal property, vatue added tax (VAT) or equivalent, ad valorem and other taxes are payable by Subscriber. This Order Form is non-transferable.
Transportation and handling (FOB origin) will be added to print products. Usage Cap for CLEAR Subscribers: In the event Subsc:rber's adual charges during
a month exceed by more than ten times the than-current Monthly Guarantee, West may limit access to live gateways ror the remainder of the month
Returns. If Subscriber is not completely satisfied with any print or CD-ROM product received from West, the produd may be returned within 45 days of the
invoice date for a full refund or credit, in accordance with Wesfs then-current returns policies. Charges for Westlaw and West LegaiEclcanter products are
non-refundable.
IAdditional Contract lnfonnatlon
NON-AVAILABUTY OF FUNDS FOR WestlawPRO GOVERNMENT SUBSCRIBERS (not available to non-government subscribers).
If Subscriber fails to receive sufficient appropriation of funds or authorization for the expenditure of suflicient funds to continue service under the Order
Form, or if Subscriber receives a lawful order issued in or for any fiscal year during the Minimum Term or Renewal Term of the Order Form that reduces the
funds appropriated or authorized in such amounts as to preclude making the payments set out therein, SubSCriber may submit a written notice to West
seeking cancellation of the service, the Subscriber Agreement and the Order Fonn, if permitted under applicable law. Subscriber shall provide West with
notice not less than thirty (30) days prior to the date of canceDation, and shaN include a written statement documenting the reason for cancellation, including
the relevant statutory authority for cancelling, and an otrlcial document certifying the non-availabUily of funds (e.g., executive order, an officially printed
budget or other official government communication). Upon West's receipt of a valid cancellation notice, Subscriber shall pay aU charges incurred for any
products and/or services received prior to the effective date of the cancellation (and in the case of print/CO-ROM products, return all unpaid print/CO.ROM
products and updates)
For questions regarding this order, please contact West Customer Service at 1-800-328-4880.
I Signature for Order 10: 529300
'
The foUowing, individuaDy or jointly, as applicable ("Subscriber Agreement and Sebedule A") is/are hereby
incorporated by reference and made part of this Order Form:
•The Research Subscriber Agreement (located at http://legalsolutlons.com/research-subscrlber-agreement), the applicable Schedule A
price plan(located at http://legalsolutions.com/schedule-a·westlaw) (for WesUawPRO),the applicable Schadult A price plan (located at
http:lnegalsolutlons.comlschedule-a-clear-soa){for CLEAR Services), and/or the West LegaiEdcenter Subscriber Agreement (located at
http:l/legalsolutions.com/west-legaledcenter-subscrlber-agreement) (for West LegaiEdcentar products), and/or the Online
Practlce,Compllance &amp; Storage Solutions Subscriber Agreement (located at http:lnegalsolutlons.com/onllne-storage-solutlons·
subscriber-agreement ) and the applicable Schedule A price plan (located at http://legalsolutlons.com/schedule-a-concourse-firm·
central-caselogistix) Individually or jointly,• applicable, ("Subscriber Agreement and Schedule") Is/are hereby Incorporated by
reference and made part of this Order Form. In the event there Is a conflict between the terms and conditions of the Subscriber
Agreement and Schedule and the terms and condltiontl of this Order Form, the terms and conditions of this Order Form shall control.
Subscriber by his/her signature below, acknowledges hlslher understanding and acceptance of the terms and conditions of the
Subscriber Agreement and Schedule and this Order Form.
In the event there Is a conflict between the terms and condltlontl of the Subscriber Agreement and Schedule A and the terms and
conditions of this Order shall control. Subscriber by his/her signature below, acknowledges his/her understanding and acceptance of
the terms and conditions of the Subscriber Agreement, and Schedule A and this Order.
"*-
Signature of Authorized Representative for order
Title
Printed Name
Date
0 2014 West, a Thomson Reuters business. All rights reserved.
AUTHORIZE
Signature: -:-1~7.--n;-;;---r-rr~-­
Printec:t N
T~e=~~~~~~~~~~~
Date: .......::;;:....:.:...1.L...--L.._ _ _ _ _ _ __
Approved as to Legality
and Form: Date J_,,_ ., . .,
'~s:r-co ~au NSELOR
1_----:=
'-\...,
1'
•
v
Westlaw and Premise Software Usage Verification Form
Accountl1000676396
Company
Shawnee County Jail
Name
Street 1
Street2
City, State Postal Code
I hereby certify that the following is a current and accurate description of how ourWestlaw andfor Premise Software (for CD-ROMIDVD
Orders) subscriptions are used and I acknowledge our responsibility for providing West with prompt written notice should our status
change {check only one box):
'
CJ
Non-lnmalea(admlnlatratlvt staff \Ytth nQ.dir®Lrt..IIH~b~lts prgyided..to.inmates..(including.wo.lk.produclcreated.as
part of inmates' legal representation).
D
Internal and/or lnmat.Req!J!!t!d ACC!!! with access for employees only, for administrative or internal use as well as
for research on behalf of or at the request of inmates, for example:
o Employee conducts Westfaw research online and provides printed Westlaw documents to inmates.
o
Employee conducts Westlaw research online and posts printed Westlaw documents in the prison.
o Employee conducts Westlaw research online and makes printed Westlaw documents available for check-out from the
inmate Dbrary.
All access use will fully comply with the foUowing restrictions:
o In no event shall inmates be provided direct access to or control of the terminal.
o Westlaw terminals will be located in a secure location that does not provide inmate access.
o Access shall be given only to Subscriber employees.
o
No access shall be outsourced or otherwise provided to third parties.
o
The subscriber shall be solely responsible for ensuring that no sensitive information is provided to inmates.
D
Direct Acceg by inmates (including access for pro se legal representation), by third parties on behalf of inmates with
results (print or electronic) delivered/provided to inmates, or by employees in circumstances where an inmate may have
access to or control of the terminal.
Subscribers who provkie direct inmate access must purohasslorder the Westlaw Correctional Facilities product or Premise CDs/DVDs.
Subscriber Certifications: Subscriber by his/her initials below certifies and acknowledges understanding and acceptance of the
security limits of Westlaw and Premise or other West software (for CD-ROMIDVD) and Subscribe(s responsibility for controlling
!lnf9rnet and network access: {All four points below l1JJIB be lnltlllled to complete your attestation.)
- limit access to non-West Internet sites. It is the
i
Subscriber's Initials. Functionality of Westlaw cannot and does not
f
responsibility of Subscriber to control network access to the Internet or internal correctional sites. By his/her initials, Subscriber
:::::::-.
acknowledges its understanding and acceptance of the security limits of Westlaw and Subscribe(s responsibility for controlling
~~
Internet and network access.
--~Subscriber's Initials. Subscriber certifies that it shall be responsible for controlling network access to the Internet or Internal
Subscriber sites. Subscriber agrees to provide its own firewall, proxy servers or other security technologies as well as desktop
security to limit access to the Westlaw URL and other West software (Including CD-ROMIDVD or West Reporter DVD·Archival
i
orders). Subscriber must design, configure and implement its own security configuration.
'
o1
-I
Subacrlber's Initials. Subscriber shall not use any Data, and shall not distribute any Data to a third party for use, in a manner
contrary to or in violation of any applicable federal, state, or local law, rule or regulation or in any maMer inconsistent with the
Subscriber Agreement.
t- J
- i
~!
i :\\
Subscriber's Initials. In the event Subscriber uses any West software to access CD-AOMIDVD products, Subscriber agrees
to maintain the most current version of the West software for security purposes.
~
Account Contact Information (if different):
Name=--------------------------------(please print)
~gned:------------------------------Title: ____________________________
Phone: - - - - - - - - - - - - - - - - - - Date:
Name: - - - - - - - -(please
- - -print)
---------Title:
Address=--------------------
Phone:
-- _j
Rev. 09/2013
ATTACHMENT TO
6.
ACCEPJANCE OF CONTRAC!. This contract shall not be considered
accepted, approved or otherwise effective until the required approvals
and certifications have been given and this is signed by the Board of
County Commissioners of the County of Shawnee, Kansas.
7.
ARBITRATION. DAMAGES, WARRANIJE§.
Notwithstanding any
language to the contrary, no interpretation shall be allowed to find the
County has agreed to binding arbitration, or the payment of damages or
penalties upon the occurrence of a contingency. Further, the County
shall not agree to pay attorney fees and late payment charges; ~
provision• "riH ~~ littil. eftl:et .Nh~ MA•ll'fiCI •o "r'ud• MiulifY,
:~r otherwise attempt to limit ~ w&tLWes Of
_ • ..!!_ilitv and fitnesS toT a flillUJIA+jjiiose~
8.
REPREsENTATIVE'S AvrHORITY 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.
SHAWNEE CoVNTY CONTRACJ' C._ _ __
CONTRACTUAL fROVISIQNS ATTACHMENJ
The undersigned parties agree that the following provisions are hereby
incorporated into the contract to which it is attached and made a part thereof,
said contract being dated the _ _ _ day of
20_.
-------->
I.
TI:RMS
HEREIN CoJmtOLLING I'ROYJSIONS. It is expressly agreed
that the terms of each and every provision in this attachment shall
prevail and control over the terms of any other conflicting provision in
any other document relating to and a part of the contract in which this
attachment is incorporated.
2.
AGREEMENT WITH JMNSAS l.AW. It is agreed by and between the
undersigned that all disputes and matters whatsoever arising under, in
connection with or incident to this contract shall be litigated, if at all, in
and before a Court located in the State of Kansas, U.S.A., to the
exclusion of the Courts of any other states or country. All contractual
agreements shall be subject to, governed by, and construed according to
the laws of the State of Kansas.
REsroNsiBIUTY FOR TA,XE§. The County shall not be responsible for,
9.
nor indemnifY a contractor for, any federal, state or local taxes which
may be imposed or levied upon the subject matter of this contract.
3.
4.
5.
TERMINATION
DUE
TO
LACK
OF
FUNDING
APPROPRIATION. Shawnee County is subject to the Kansas Cash
Basis Law, K.S.A. 10·1101 et seq. U: in the judgment of the Financial
Administrator, Audit-Finance Office, sufficient funds are not
appropriated to continue the function performed in this agreement and
for the payment of the charges hereunder, County may terminate this
agreement at the end of its current fiscal year. County agrees to give
written notice of termination to contractor at least thirty (30) days prior
to the end of its current fiscal year. In the event this agreement is
terminated pursuant to this paragraph, County will pay to the contractor
all regular contractual payments incurred through the end of such fiscal
year. The termination of the contract pursuant to this paragraph shall
not cause any penalty to be charged to the County or the contractor.
DISCJ.AJMER OF LIABILITY. Neither the County of Shawnee nor any
department thereof shall hold harmless or indemnifY any contractor for
any liability whatsoever.
ANTJ·DISCBJMINATJON CL4USE. The contractor agrees: (a) to comply
with the Kansas Act Against Discrimination (K.S.A. 44-1001 Ill seq.)
and the Kansas Age Discrimination in Emplayment Act, (K.SA 441111 et seq.) and the applicable provisions of the Americans· With
Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not
discriminate against any person because of race, religion, color, sex,
disability, national origin or ancestry, or age in the admission of access
to or treatment or emplayment in, its programs or activities; (b) to
include in all solicitations or advertisements for employees, the phrase
"equal opportunity employer"; (c) to comply with the reporting
requirements set out in K.S.A. 44-1031 and K.SA 44-1116; (d) to
include those provisions in every subcontract or purchase order so that
they are binding upon such subcontractor or vendor; (e) that a failure to
comply with the reporting requirements of (c) above or if the contractor
is found guilty of any violation of such acts by the Kansas Human
Rights Commission, such violation shall constitute a breach of contract;
(f) If the contracting agency determines that the contractor has violated
applicable provisions of ADA, that violation shall constitute a breach of
contract; (g) if (e) or (f) occurs, the contract may be cancelled,
terminated or suspended in whole or in part by the County.
Parties to this contract understand that subsections (b) through (e) of
this paragraph number S are not applicable to a contractor who employs
fewer than four employees or whose contract with the County totals
$5,000 or less during this fiscal year.
I 0.
INSURANCE The County shall not be required to purchase, any
insurance against loss or damage to any personal property to which this
contract relates, nor shall this contract require the County to establish a
"self-insurance" fund to protect against any such loss or damage.
Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 756101 tt seq.), the vendor or lessor shall bear the risk of any loss or
damage to any personal property to which vendor or lessor holds title.
~I <;.I!Jr\ c._,~~ I~"" \-Title:
lftl!fV(
Date:
BOARD OF COUNTY COMMISSIONERS
SHAWNEE COUNTY, KANSAS
Robert E. Archer, Chair
Date:
ATTEST:
Cynthia A. Beck, Shawnee County Clerk
Shawnee County
Department of Corrections
501 S.E. 8th Street - Topeka, Kansas 66607
Brian W. Cole, Director
Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4924
Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963
Corrections Annex- 818 SE Adams- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4930
DATE:
March 17,2014
TO:
Board of County Commissioners
FROM:
Brian W. Cole, Director
SUBJECT:
Request for Approval of Second Amendment to Master Services Agreement
with Securus Technologies, Inc.
C.V·'
On June 7, 2012 the County approved an agreement with Securus Technologies, Inc. (Securus) to
provide inmate telephone services for the Department of Corrections. Pursuant to that agreement, the
county was provided a commission on all calls made by the inmates, both intrastate and interstate.
In August 2013, the Federal Communications Commission (FCC) handed down a ruling that expressly
prohibited governmental entities from receiving commissions on interstate inmate telephone calls, and
providing a cap on the per-minute costs that can be charged for these calls. The implementation of the
ruling was delayed pending some short term appeals processes that Securus and other entities initiated.
While there are continuing court challenges to the FCC ruling, it has gone into effect for the time ·
being, and we are therefore bound by the terms of the ruling.
·
The attached agreement alters the agreement we have with Securus to the degree required by the
implementation of the FCC ruling. The impact of this ruling and subsequent agreement adjustment is
a commission reduction of approximately $1,870.00 monthly, based on the interstate call volume
experienced since Securus assumed control over inmate phone service in August 2012. If the ruling is
successfully challenged, we will put forth an another amendment re-implementing the original
commission terms for interstate calls.
Accordingly, I am requesting your approval of this second amendment to the agreement with Securus.
I am available to answer any questions that you may have.
BC:tp
cc:
Richard Eckert, County Counselor
Betty Greiner, Financial Administrator
Timothy Phelps, Deputy Director
File
SECURUS'~
1TCKNOLOGIES
SECOND AMENDMENT
TO
MASTER SERVICES AGREEMENT
This SECOND AMENDMENT ("First Amendment") is effective as of February 11, 2014 ("Second Amendment
Effective Date") and amends and supplements that certain Master Services Agreement by and between Shawnee
County ("you" or "Customer") and Securus Technologies, Inc. ("we," "us," or "Provider"), dated June 7, 2012 (the
"Agreement").
WHEREAS, in accordance with Federal Communications Commission 47 CFR Part 64 [WC Docket No. 12-375; FCC
13-113]- Rates for Interstate Calling Services ("FCC Order"), effective February 11, 2014, Provider and Customer
agree to modify the calling rates charged under the current Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as
follows:
1. Effective February 11, 2014, the Calling Rates Table set forth in the Schedule to the Agreement shall be
modified to reflect that the interstate call rates shall not exceed the rate caps set forth in the FCC Order.
2. Notwithstanding anything to the contrary contained in the Agreement, in accordance with Federal
Communications Commission 47 CFR Part 64 [WC Docket No. 12-375; FCC 13-113]- Rates for Interstate
Calling Services- effective February 11, 2014, no commission shall be paid on revenues earned through the
completion of interstate calls of any type received from the Agreement.
3. Except as expressly amended by this Second Amendment, all of the terms, conditions and provisions of the
Agreement shall remain in full force and effect.
EXECUTED as of the Second Amendment Effective Date.
Shawnee County
Securus Technologies, Inc.
By:
By:
Name:
Name:
Robert Pickens
Title:
Title:
Chief Operating Officer
Date:
Date:
.;)../u / f t(
~~L<=
Please return signed amendment to:
14651 Dallas Parkway
Sixth Floor
Dallas, Texas 75254
Attention: Contracts Administrator
Phone: (972) 277-0300
Approved as to Legality
and Form: Date · -
~l!
Rev. 09/2013
ATTACHMENT To
SHAWNEE COUNTY CONTRACf C _ _ __
CONTRACTUAL PROVISIONS ATTACHMENT
The undersigned parties agree that the following provisions are hereby
incorporated into the contract to which it is attached and made a part thereof;
said contract being dated the _ _ _ day of _ _ _ _ _ _ ___,
20_ _.
1.
TERMS HEREIN CONTROLLING PROVISIONS. It is expressly agreed
that the terms of each and every provision in this attachment shall
prevail and control over the terms of any other conflicting provision in
any other document relating to and a part of the contract in which this
attachment is incorporated.
2.
AGREEMENT WITH KANSAS LAW. It is agreed by and between the
undersigned that all disputes and matters whatsoever arising under, in
connection with or incident to this contract shall be litigated, if at all, in
and before a Court located in the State of Kansas, U.S.A, to the
exclusion of the Courts of any other states or country. All contractual
agreements shall be subject to, governed by, and construed according to
the laws of the State of Kansas.
3.
4.
5.
TERMINATION
DUE
TO
LACK
OF
FUNDING
APPROPRIATION. Shawnee County is subject to the Kansas Cash
Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial
Administrator, Audit-Finance Office, sufficient funds are not
appropriated to continue the function performed in this agreement and
for the payment of the charges hereunder, County may terminate this
agreement at the end of its current fiscal year. County agrees to give
written notice of termination to contractor at least thirty (30) days prior
to the end of its current fiscal year. In the event this agreement is
terminated pursuant to this paragraph, County will pay to the contractor
all regular contractual payments incurred through the end of such fiscal
year. The termination of the contract pursuant to this paragraph shall
not cause any penalty to be charged to the County or the contractor.
DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any
department thereof shall hold harmless or indemnity any contractor for
any liability whatsoever.
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, (KS.A. 441111 et seq.) and the applicable provisions of the Americans With
Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not
discriminate against any person because of race, religion, color, sex,
disability, national origin or ancestry, or age in the admission of access
to or treatment or employment in, its programs or activities; (b) to
include in all solicitations or advertisements for employees, the phrase
"equal opportunity employer"; (c) to comply with the reporting
requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to
include those provisions in every subcontract or purchase order so that
they are binding upon such subcontractor or vendor, (e) that a failure to
comply with the reporting requirements of (c) above or if the contractor
is found guilty of any violation of such acts by the Kansas Human
Rights Commission, such violation shall constitute a breach of contract;
(f) if the contracting agency detennines that the contractor has violated
applicable provisions of ADA, that violation shall constitute a breach of
contract; (g) if (e) or (f) occurs, the contract may be cancelled,
terminated or suspended in whole or in part by the County.
Parties to this contract understand that subsections (b) through (e) of
this paragraph number 5 are not applicable to a contractor who employs
fewer than four employees or whose contract with the County totals
$5,000 or less during this fiscal year.
6.
ACCEPTANCE OF CONTRACf. This contract shall not be considered
accepted, approved or otherwise effective until the required approvals
and certifications have been given and this is signed by the Board of
County Commissioners of the County of Shawnee, Kansas.
7.
ARBITRATION, DAMAGES, WARRANTIES.
Notwithstanding any
language to the contrary, no interpretation shall be allowed to find the
County has agreed to binding arbitration, or the payment of damages or
penalties upon the occurrence of a contingency. Further, the County
shall not agree to pay attorney fees and late payment charges; and no
provisions will be given effect which attempts to exclude, modifY,
disclaim or otherwise attempt to limit implied warranties of
merchantability and fitness for a particular purpose.
8.
REPRESENTATIVE'S AUTHORITY To CONTRACT. By signing this
document, the representative of the contractor thereby represents that
such person is duly authorized by the contractor to execute this
document on behalf of the contractor and that the contractor agrees to be
bound by the provisions thereof.
9.
RESPONSffiiLITY FOR TAXES. The County shall not be responsible for,
nor indemnity a contractor for, any federal, state or local taxes which
may be imposed or levied upon the subject matter of this contract.
10.
INSURANCE. The County shall not be required to purchase, any
insurance against loss or damage to any personal property to which this
contract relates, nor shall this contract require the County to establish a
"self-insurance" fund to protect against any such loss or damage.
Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 756101 et seq.), the vendor or lessor shall bear the risk of any loss or
damage to any personal property to which vendor or lessor holds title.
VENDOR/CONTRACTOR:
;l.~~
By:
Goo
Title:
;;.. I u IN
Date:
BOARD OF COUNTY COMMISSIONERS
SHAWNEE COUNTY, KANSAS
Robert E. Archer, Chair
Date:
ATTEST:
Cynthia A. Beck, Shawnee County Clerk
SHAWNEE COUNTY
& RECREATION
JOHN E. KNIGHT
PARKS
DIRECTOR
a
SHAWNEE COUNTY
PARKS~RECREATION
3137 SE 29TH ST.
TOPEKA, Ks 66605-1885
(785) 251-2600
john.knight@snco.us
March 14, 2014
TO:
Board of Commissioners
Shawnee County
FROM:
John E. Knight,
Parks & Recreation
RE:
Award Bids- Quotation 010-14, Pool Chemicals
Director~
~
Board of Commissioners approval is requested to award bids for pool chemicals for the operation
of aquatic facilities for the 2014 season.
On February 6, 2014, the Board of Commissioners gave approval for the Parks & Recreation
Department to solicit bids for pool chemicals. Four (4) companies submitted bids for the
chemicals. Parks & Recreation has reviewed the bids submitted and recommends accepting the
following bids:
Edwards Chemicals
Sodium Hypochlorite
Calcium Chloride
Pool Guard/Magic Acid
Calcium Hypochlorite
Bulk Delivery Muriatic Acid
Accutab
Superior Pool Products
Calcium Hypochlorite
Muratic Acid
$1.49/gal.
$11.85/50 lbs.
$64.75115 gal.
$40.75/25 lbs.
$2.90/gal.
$113.85/55 lbs.
$136.50/100 lbs.
$3.00/gal.
Harcros Chemicals
Sodium Bicarbonate
Sodium Thiosulfate
Calcium Hypochlorite
Muriatic Acid
Muriatic Acid
$12.00/50 lbs.
$22.00/50 lbs.
$80.50/50 lbs.
$37.80/15 gal.
$100.00/55 gal.
G. Farney & Associates
Pulsor Chlorine
$124.00/50 lbs.
Seasonal operations that include aquatic park operations, swimming pool operations, sale of food
and beverages at numerous concession stands, and youth summer day camp operations generate
nearly $2 million in revenue. The estimated expenditure for these items is expected to be
approximately $100,000 for the season. Additionally, to efficiently operate these programs and
facilities intermittent employees will be hired and trained to provide these services. There are
sufficient funds available in the Parks & Recreation Budget for this request.
JEK/gcl
RL
c
M~R
3 201~ PH 2:02
TABULATION OF BIDS
DEPARTMENT
Parks & Recreation
PEOPLE PRESENT
Michele Hanshaw •
. NAMESOF
BIDDERS
G. Farney & Assoc
Harcros Chemicals
Edwards Chemicals
Superior Pool Products
- -- - - - - -- - -
QUOTATION NUMBER
\...)
Sodium
Bicarbonate
Per 50 lb bag
H~
N
N~
1~.00
!'L../1
1 ~.
- --
oo
Date 03/03/14
Y
Sodium
Hypochlorite
Per Gallon
3,
010-14 Pool Chemicals
1s
ecs
1~.5D
Sodium
Thiosulfate
Per 50 lb bag
W P--.
oD
3o, 5D
40 .00
~~,
- -- -~~ --
Calcium
Chloride
Per 50 lb ba~
Nb
Calcium
Hypochlorite
Per 25lb
·N
e:,
Calcium
Hypochlorite
Per 50 lb
~b
Calcium
Hypochlorite
Per1001b
l1S.OU
/3,5()
Yo,15
l l Y;S
r; ~, ou
q r;, 00
15~. ()()
Lt5. ~ ~
~43~
13ic .su
(3,
cr;'-1
- ~~
-
~O.Sb
) LJ t-1, OD
TABULATION OF BIDS
DEPARTMENT
Parks & Recreation
PEOPLE PRESENT
Michele Hanshaw .
NAMES OF
BIDDERS
G.Famey&Assoc
Harcros Chemicals
Pool Guard
/Magic Acid
15 gallon
/Y3~00
N g,
QUOTATION NUMBER
010-14 Pool Chemicals
Date 03/03/14
Mariatic Acid
Per 55 gallons
Cyanuric Acid
Per 50 lb
Ei
Muriatic Acid
Per 1 gallon
Muriatic Acid
Per 15 gallons
N ~~
3, <6 d-_
s <6'
Edwards Chemicals
\o l.-\. 3 5
Lj.
Superior Pool Products
~ ~' Oo
3, oCJ
N [1:,
'&,.§9 :,\ .'t~
'
y '5 L{ 0
tJ B
I
N 1'3:, .
1--L O ~~oC·
Bulk Delivery
Per Gallon
N Is
~
B
/3 ~ 3;)_
~- 70
~ .£
tJ g
ld.,SO
5 ~. 0 t)
J
50 b0 (66 n~)
'1 d. b d.__ (!i~O ~. ~)
I
I
TABULATION OF BIDS
DEPARTMENT
PEOPLE PRESENT
Michele Hanshaw •
NAMES OF
BIDDERS
G. Farney & Assoc
!
Harcros Chemicals
Edwards Chemicals
Superior Pool Products
Pulsar
Chlorine
Briquettes
Per 50 lb
't
Accutab
Per 551b
ld-1-\,0D
~0
r3<{
NJS
Lb
010-14 Pool Chemicals
QUOTATION NUMBER
Parks & Recreation
1-.JB
\ 13,~5
ND
Hb
-
'
..
-
- - - -
Date 03/03/14
Shawnee County
OFFICE OF COUNTY APPRAISER
J. Mark Hixon, CKA, RMA
Memornndum
To:
Board of Shawnee Cotmty Commissioners
/ki'Jl
From: J. Mark Hixon, Shawnee County AppraiseY/'ff
Date:
March 12, 2014
Re:
Consent Agenda Request- The Sidwell Company Invoice
Please place the following item on the earliest convenient BCC Consent Agenda:
The attached invoice is for the annual renewal of maintenance and support for Parcel Builder Plus. This is
the software used in maintaining and updating the parcel data that is the fotmdation upon which our
geographic information system (GIS) is built.
Traditionally, this has been paid for with Land Records Committee funding. However, because those
funds are being utilized for other purposes, that source is not being considered for this payment. There are
sufficient funds in the Appraiser's budget.
----1-S-1-5-NW-Saline;-Suite-H)0-=-'Fopeka;-K:ansas-666-1-8-=Z-8-3-8~Phone-(-7-8-5-)-2-3-3-=Z-8-8Z~Fax-(-7-8-5-}-z9-1~4903,----
Cl ~1,
INVOICE
The Sidwell Company
95377
2570 Foxfield Rd, Suite 300
StCharles, Illinois 60174-1406
Remit payments to:
Sidwell
The Sidwell Company
Department 20-8058
PO Box 5998
Carol Stream IL 60197-5998
Main Office: (630) 549-1000
Fax: (630) 549-1111
Shipping Method
Item Number
1 SFMT SHAWNEE KS
2/14/2014
Customer ID:
4571700
Page:
1
Map Orders: (630) 549-1100
MARK HIXON
SHAWNEE COUNTY APPRAISER
1515 NW SALINE
TOPEKA KS 66618-2838
MARK HIXON
SHAWNEE COUNTY APPRAISER
1515 NW SALINE
TOPEKA KS 66618-2838
Qty
Document Date:
Ship To:
Bill To:
Purchase Order No.
~l'f
Payment Terms
Net 30
Description
Unit Price
SHAWNEE KS SOFTWARE MNT
$5,955.00
Item Total
$5,955.00
Parcel Builder Plus Suite Maintenance
3@ $1,985 = $5,955
0311812014 thru 0311712015
$5,955.00
$0.00
Subtotal:
Delivery/Hand ling:
Total:
gesposito
$5,955.00
2/14/2014
3:06:58 PM
f
SHAWNEE COUNTY, KANSAS
FINANCIAL
REPORT
FEBRUARY 28, 2014
I
SHAWNEE COUNTY KANSAS FEBRUARY 2014 FINANCIAL REPORT
Total Revenue
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
• Other Revenue
$20,000,000
• Other Taxes
$15,000,000
$10,000,000
• Special
Assessment s
$5,000,000
$-
• Property Taxes
2014 YTD
BU DGET
$ 42,110,488
2013 YTD
$41,965,075
$39,340,239
CATEG ORY
Property Taxes
2014 YTD
ACTUAl TO
2013 YTD
37,011,968
2,071,195
366,928
293,356
853,446
1,513,594
$
36,981,937
2, 218,807
372,325
281,623
733,096
1,377,286
$
33,692,013
2,045,459
498,318
329,405
764,798
2,010,246
$
$
42,110,488
$
41,965,075
$
39,340,239
$
Spe cial Assess m ents
Prope rty Re lated Fe es
Charges for Se rvices
Mi sce ll ane ou s Rev e nu e
2014 TO 2013
BUDG ET
$
Other Taxes
Total Revenue
BUDGET
30,031 $
(147,612)
(5,397)
11,733
120,350
136,308
145,413
$
3,319,955
25,736
{131,390)
(36,049)
88,649
(496,652)
2,770,249
- - - - - - - - --
- - --
-----------------------------
SHAWNEE COUNTY KANSAS FEBRUARY 2014 FINANCIAL REPORT
Property Taxes
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$2014 YTD
$37,011,968
• Property Taxes
BUDGET
$36,981,937
2013 YTD
$33,692,013
Special Assessments
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$• Special Assessments
2014 VTD
$2,071,195
BUDGET
$2,218,807
2013 YTD
$2,045,459
SHAWNEE COUNTY KANSAS FEBRUARY 2014 FINANCIAL REPORT
Other Taxes
$500,000
$450,000
$400,000
$350,000
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$2014 YTD
$366,928
• Other Taxes
2013 YTD
$498,318
BU DGET
$372,325
Other Revenue
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$• Other Revenue
CATEGORY
Property Related Fees
Charges for Services
Miscellaneous Revenue
Total Other Revenue
2014 YTD
$2,660,397
2014 YTD
$
$
293,356
853,446
1,513,594
2,660,397
2013 YTD
$3,104,449
BUDGET
$2,392,006
BUDGET
$
$
281, 623
733, 096
1,377, 286
2,392,006
329,405
764,798
ACTUAL TO
BUDGET
11,733
$
120,350
2,010,246
3,104,449
136,308
268,391
2013YTD
$
$
$
2014TO 2013
$
$
(36,049)
88,649
(496,652)
(444,052)
- - -- - - - - --
----
------ - -- -- -- -- - - - - --
- - - - - -- - - -- -
SHAWNEE COUNTY KANSAS FEBRUARY 2014 FINANCIAL REPORT
Total Expenditures
25,000,000.00
20,000,000.00
15,000,000.00
10,000,000.00
5,000,000.00
2014 YTD
$18,572,268
2013 YTD
$20,349,716
BU DGET
$19,314,599
Total Expenditures
Operational Services
Human Services
10%
Public Works
9%