BOARD OF COUNTY COMMISSIONERS AGENDA

MONDAY, DECEMBER 21, 2020, 9:00AM

ZOOM MEETING at 9:00AM
Watch LIVE meetings at
www.youtube.com/user/ShawneeCountvKS

I. PROCLAMATIONS/PRESENTATIONS

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Consider authorization and execution of Contract C543-2020, purchase of annual licensing for
Cisco SmartNet support for 11 core network switches through Optive utilizing State ofKansas
contract pricing at a cost of$11,720.64 with funding from the 2020 Information Technology
budget.

2. Consider authorization and execution of Contract C544-2020, purchase ofMicrosoft Data Center
Server licensing required to support virtual servers that will be implemented on two Public Safety
platform Nutanix nodes through Software House International using State of Kansas contract
pricing at a cost of$24,192.00 utilizing the CoronaVirus Relief Fund- Information Technology.

3. Consider acceptance of permanent easement for County Bridge Projects (NW Green Hills Road
over Tributary to Halfday Creek and NW 391h Street over Tributary to Halfday Creek) with an
additional donation of0.02 acre for a total donation of0.30 acre-Public Works.

4. Acknowledge receipt of correspondence regarding the approval of the US Bank Equipment

Finance Dealer Value Lease Agreement (Contract C545-2020) between the Shawnee County
District Attorney and Century Business Technologies, Inc. for a five year lease of a Savin Pro
8310s and Savin MP 4055SP multi-function copiers at a cost of$8,419.97 annually plus any
overage fees over 280,000 pages with funding from the DA's 2020 budget-District Attorney.

5. Consider waiving of the purchasing policy for an out-of-state transport for a prisoner from King
County Regional Justice Center in Kent, WA to Shawnee County Adult Detention on November
11,2020 at a cost of$3,875.00-Sheriffs Office.

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. PUBLIC WORKS- Curt Niehaus

1. Consider authorization and execution of Contract C546-2020 with CAS Constructors, LLC for all
work covering the installation of a new Teacup grit removal system at the Sherwood Treatment
Plant at a lump sum of$589,011.00 with immediate funding from the KDHE Revolving Loan and
future loan repayments beginning in February 2022 coming from the 100% user fee funded
Sherwood Wastewater account.

2. Consider approval of request to fill vacant Inventory Specialist I position at a salary, including
benefits, of no less than $42,113.12 with funding from the Public Works Equipment Maintenance
Fund.
 C. INFORMATION TECHNOLOGY- Pat Oblander
1. Consider authorization and execution of Contract C547-2020, purchase of a Cisco Wireless
Access Controller through Optive utilizing State of Kansas contract pricing at a cost of $22,4I7 .69
with funding from the 2020 Information Technology budget.

D. CORRECTIONS- Brian Cole

I. Consider authorization and execution of Contract C548-2020, a 3 year renewal of the equipment/
preventative maintenance agreement with Sound Products Inc. to maintain the system and network
controls for the security doors at a cost of $2,280.00 monthly with funding from the departmental
operating budget.

E. PARKS + RECREATION- Tim Laurent

I. Consider authorization and execution of Contract C486-2020, renewal agreement with
Cartegraph Systems, LLC for the continued use of the OMS software at a first year cost of
$I 00,73I.36 with a 3% increase annually for years two and three with annual cost to be split
between Parks+ Recreation (70%), Public Works (15%) and Solid Waste (I5%).

2. Consider authorization and execution of Contract C549-2020, amendment #I to Contract C2I-

20I8, with Genesis Health Clubs for the continuation of managing the Kossover Tennis Center in
Felker Park through December 3I, 2023 with annual expenses of$36,000.00 available from the
Park Services Operations Budget.

3. Consider authorization and execution of Contract CSS0-2020, amendment #2 to Contract C99-

2019, with Design-0-Saur for continued service with concepts, design and layout of the Parks+
Recreation seasonal guides and promotional brochures not to exceed $5,000.00 per guide and
$1,500.00 total for brochures with funding from the Parks+ Recreation Operations Budget.

4. Consider approval of request to award the bid to Ace Electric for the removal of the power poles
and installation of new power lines in Crestview Park in the amount of$19,000.00 utilizing
Building Maintenance 3R Funds, and authorization and execution of Contract CSSl-2020 for
same.
5. Consider approval of request to award the bid to Nuco Pump Sales and Services for the alternate
selection of the irrigation pump system replacement at Lake Shawnee in the amount of$96,770.00
utilizing the GolfRevolving Fund, and authorization and execution of Contract C552-2020 for
same.
F. COMMISSION

I. Reflect that Commissioner Mays is appointing Leonard (Len) Richter to the Civil Service Board
as the Third Commission District representative.
V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

If you wish to speak at a meeting, please contact the Commission Office by 5:00pm the
day before the meeting, (785) 251-4040 or email commission.mail@snco.us
 Shawnee County
Information Technology
Room 205, Courthouse
200 SE 7th Street
Topeka, Kansas 66603-3933

Memorandum
Date: December 16, 2020

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Annual Cisco SmartNet License purchase.

The Information Technology Department is seeking approval to purchase annual licensing for
Cisco SmartNet support for 11 core network switches through Optive utilizing State of Kansas
contract pricing (contract number 47376). These licenses provide Cisco support services in the
event that troubleshooting or equipment replacement service assistance is needed.

Funding to support this renewal, $11,720.64, is contained within the 2020 Information
Technology budget.

Phone 785-251-4030
 SHAWNEE COUNU
CONTRACT ~3-/ J.:..92~u

....,
OPT IV Quote#: 1510270-1
Payment Terms : Net 30
Tax 10: 43-1806449

"
Date: 12/15/2020
Internal Reference#: Q-81 0617

From:
Expiration: 1/14/2021
Noland Perrill oux
() 504-906-7318
nol and.perril loux@optiv.com
To:
Shawnee County Info Technology
Client Operations Specialist:
Marc Price
Paige Hyde
Chief Network Engineer
(937) 654-6802
200 SE 7TH ST
paige.hyde@optiv.com
.STE 200
TOPEKA, KS 66603-3933
us Remit Payment:
(785) 233-8200
PO Box 28216 Network Place
marc.pri ce@co .shawnee.ks.us
Chicago, IL 60673-1282

State of Kansas Contract Number 4 7376.

Cisco Systems: SWSS UPGRADES CON-ECMU- 2021-01-01 USD 431.71 USD 43 1.71
LAN Enterprise Li cense for Nexus 9300 N93LAN to 2021-12-31

2 Cisco Systems: SWSS UPGRADES CON-ECMU- 2021-01-01 USD 431.71 USD 431.71
LAN Enterprise License for NexUs 9300 N93LAN to 2021-12-31

Cisco Systems: SNTC-8X5XNBD Nexus 9372PX bundle PID CON-SNT- 2021-01-01 SAL 1928JPNX USD 1,229.48 USD 1,229.48
9372PXBN to 2021-12-31

Cisco Systems: SNTC-8X5XNBD Nexus 9372PX bundle PID CON-SNT- 2021-01 -01 SAL 1925HFLR USD 1,229.48 USD 1,229.48
9372PXBN to 2021-12-31

5 Cisco Systems: SMARTNET 8X5XNBD Cisco 5508 Series Wi CON-SNT-CT0812 2021-01 -01 FCW1647L06P USD 1,626.12 USD 1,626. 12
to 2021-12-31

Cisco Systems: SMARTNET 8X5XNBD CON-SNT- 2021 -01-01 JAE184801VP USD 1,178.21 USD 1,178.21
Catalyst 4500-X 16 Port 10G IP Base, Fro WSC16SFX to 2021-12-31

Cisco Systems: SMARTNET 8X5XNBD CON-SNT- 2021-01 -01 JAE184801WF USD 1,178.21 USD 1,178.21
Catalyst 4500-X 16 Port 10G IP Base, Fro WSC16SFX to 2021-12-31

Page 1 of 2
 Cisco Systems: SNTC-8X5XNBD Cisco CON-SNT- 2021-01-01 FCW1939DORX USD 1,103.93 USD 1,103.93
Catalyst 3850 12 Port 10G Fiber Sw WSC3851X to 2021-12-31

Cisco Systems: SNTC-8X5XNBD Cisco CON-SNT- 2021-01-01 FCW1940D03N USD 1,103.93 USD 1,1 03.93
Catalyst 3850 12 Port 1OG Fiber Sw WSC3851X to 2021-12-31

10 Cisco Systems: SNTC-8X5XNBD Cisco CON-S NT- 2021-01-01 FOC1940X033 USD 1,103.93 USD 1,103.93
Catalyst 3850 12 Port 10G Fiber Sw WSC3851X to 2021-12-31

11 Cisco Systems: SNTC-8X5XNBD Cisco CON-SNT- 2021-01-01 FCW1940D039 USD 1,103.93 USD 1,103.93
Catalyst 3850 12 Port 1OG Fiber Sw WSC3851X to 2021 -12-31

Subtotal: USD 11,720.64

Estimated Tax: USD 0.00
Estimated Shipping: USD 0.00
Grand Total: USD 11 ,720.64

Sales Quote Terms and Condition s

This Sales Quote and the Client's purchase of the Products listed in this Sales Quote are subject to and shall be governed by (i) the Sa les Quote Tenns and Conditions and (ii) the Data Processing Tenns
and Conditions, both available at http://www.optiv.com/agreements

Optiv Security Inc., 1144 15th Street, Suite 2900, Denver, CO 80202 United States

Page 2 of 2
 Shawnee County
Information Technology
Room 205, Courthouse
200 SE 7th Street
Topeka, Kansas 66603-3933

Memorandum
Date: December 15, 2020

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Purchase of Microsoft Server licensing for virtual server implementations.

The Information Technology department is requesting authorization to purchase Microsoft

Data Center Server licensing that is required to support virtual servers that will be implemented
on two Public Safety platform Nutanix nodes that were recently purchased using CoronaVirus
Relief Funding. The licenses would be purchased through Software House International using
State of Kansas contract pricing (contract number 42145}.

Funding to support this purchase, $24,192.00, would be provided from the Coronavirus Relief
Fund.

Phone 785-251-4030
 SHAWNEE COUN~
, (;£::LiJ/~;J..o;;;,..o
CONTRACT#..
Pricing Proposal
Quotation #: 19814452
Reference#: 8736A913
Created On: 12/11/2020
Valid Until: 12/31/2020

County of Shawnee Inside Account Manager

Jo Atkinson Milana Honovich

200 Southeast Seventh 290 Davidson Ave
Suite 200 Somerset, NJ 08873
Topeka, KS 66603-6660 Phone: 800-477-6479 ext.5553612
United States Fax: 732-652-3004
Phone: 785-251-6093 Email: Milana_Honovich@shi.com
Fax:
Email: Jo.Atkinson@snco.us

All Prices are in US Dollar (USD)

Product Qty Your Price Total

WinSvrDCCore 2019 SNGL MVL 2Lic Co reLic 48 $504.00 $24,192.00

Microsoft- Part#: 9EA-01 073
Contract Name: NASPO Software VAR
Contract#: ADSP016-130651
Subcontract#: 42145

Subtotal $24,192.00
Total $24,192.00

Additional Comments

Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.

Thank you for choosing SHIInternational Corp! The pricing offered on this quote proposal is valid through the expiration date listed
above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract
Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts,
please contact an SHIInside Sales Representative at (888) 744-4084. SHIInternational Corp. is 100% Minority Owned, Woman
Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481 ; CCR# 61-2439578; CAGE 1HTFO

The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under
that applicable line item.
 Shawnee County J]I'3
Department of Public Works ·
1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867
785-251-6101 FAX 785-251-4920

CURT F. NIEHAUS, P.E.

DIRECTOR OF PUBLIC WORKS
COUNTY ENGINEER

MEMORANDUM
DATE: December 16, 2020

TO: Board of County Commissioners (Consent Agenda)

FROM: Michael M. Welch, P.E.~lf

Civil Engineer II

RE: Acceptance of Right ofWay

County Bridge Project No. S-121043.00
NW Greenhills Road over Tributary to Halfday Creek, S0-082
76ft North ofNW 39th Street
County Bridge Project No. S-121044.00
NW 39th Street over Tributary to Halfday Creek, S0-083
210ft West ofNW Greenhills Road

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 ofthe attached easement. The Powells have donated 0.02 acres of additional land
to accommodate a minor change in the right of way. This easement is to replace the original
easement for 0.28 acres originally acquired from them in April of this year.

Owner Item Value

Kenneth A. & Kay E. Powell Permanent Easement 0.30 acres Donated

Encl.

cc: Curt F. Niehaus

File
Easement No. 3
Project No. S-121043.00, NW Green Hills Road over Tributary to Halfday Creek
Project No. S-121044.00, NW 39111 Street over Tributary to Halfday Creek

PERMANENT PUBLIC RIGHT -OF-WAY EASEMENT

THIS INDENTURE, made this f( day of llRr:olM bl'f , 2020 by and between Kenneth A.
Powelland Kay E. Powell hereinafter referred to as the Landowner; and THE
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter
referred to as the County.

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

The following description replaces the description recorded in 2020R06583 on April 3, 2020;

A permanent easement for highway right-of-way over and upon a tract of land in the Southwest Quarter of
Section 6, Township 11 South, Range 16 East of the 61h Principal Meridian in Shawnee County, Kansas,
described as follows:

Commencing at the Southwest Corner of Section 6, Township 11 South, Range 16 East of the 6th
Principal Meridian that is also the point of beginning;

Thence northerly on the west line of the Southwest Quarter Section, on an assumed bearing of North 01
degrees 17 minutes 31 seconds West, a distance of 275.00 feet;

Thence easterly on a bearing of North 88 degrees 42 minutes 30 seconds East, a distance of 30.00 feet
to the existing east right of way line of NW Green Hills Road;

Thence southerly on a bearing of South 05 degrees 51 minutes 57 seconds East, a distance of 115.36
feet;

Thence easterly on a bearing of North 88 degrees 42 minutes 30 seconds East, a distance of 75.04 feet;
Thence southerly on a bearing of South 05 degrees 38 minutes 20 seconds East, a distance of 139.08
feet to the existing north right of way line of NW 39th Street;

Thence southerly on a bearing of South 01 degrees 53 minutes 43 seconds East, a distance of 20. 00 feet
to the south line of Southwest Quarter of Section 6, Township 11 South, Range 16 East;

Thence westerly on the south line of said Southwest Quarter of Section 6, Township 11 South, Range 16
East, on a bearing of South 88 degrees 06 minutes 17 seconds West, a distance of 125.00 feet, to the
point of beginning.

Contains 12,990 sq. ft. (0.30 acres), more or less, exclusive of existing right otway, .
~'''''\\11AIIIIIf{'li?it" .
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The County is purchasing this permanent public right-of-way easement for the purpose of erecting
or improving a public roadway for the passage of vehicular and pedestrian traffic, and the County reserves
the right to make improvements on that property according to such plans and specifications, as will, in its
opinion, best serve the public purpose. The payment of the purchase price for the public right-of-way
easement conveyed shall be considered full compensation for that public right-of-way easement, and for
any diminution in value that may result to the remaining property by virtue of proximity to the project, grade,
alignment, utility installation, or the alteration of drainage patterns and facilities.
Easement No. 3
Project No. S-121043.00, NW Green Hills Road over Tributary to Halfday Creek
Project No. S-121044.00, NW 39th Street over Tributary to Halfday Creek

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

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

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

STATE OF KANSAS, COUNTY OF SHAWNEE, ss.

BE IT REMEMBERED, that on this/ .s14day of AceP-tker, 2022 before me, the undersigned,
a notary, ublic in and for the County and State aforesaid, came
1
e.1t e. ~ ?awe!t - ~'</ .. ;.:

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

Notary Public

My commission expires: ~4'-"'"..<.-/-o...,·...,Je:>::..!..r...:t1-=i;;;.,.;''-'2""""02=...1'----

. . _ Michael M. Welch
NOTARY PUBLIC
Stc.t... of l<a"•as
MY APPT EXPIRES to-(6-ZfJZI
 OFFICE OF THE DISTRICT ATTORNEY
THIRD JUDICIAL DISTRICT OF KANSAS
Michael F. Kagay, District Attorney

MEMORANDUM

TO: Board of County Commissioners

FROM: Michael F. Kagay, District Attorney t1 f£..--

DATE: December 14, 2020

RE: Request for Approval

The District Attorney's Office is hereby requesting placement on the consent agenda for the
Board of County Commissioners to consider the approval of the US Bank Equipment Finance
Dealer Value Lease Agreement between the Shawnee County District Attorney and Century
Business Technologies, Inc. for the five year lease of a Savin Pro 8310s and a Savin MP 4055SP
multi-function copiers at a cost of $8,419.97 annually plus any overage fees over 280,000 pages.
This copier would replace the Savin Pro 81 OOE with Century ID number C21 09 and Savin
MP4054 with Century ID number C1736. This amount is budgeted in the DA's 2020 budget.

Shawnee County Courthouse

200 SE 7th Street, Suite 214 • Topeka, Kansas 66603 • (785) 251-4330
 SHAWNEE COUNT_'(,.
CONTRACT 'i« C-:5'-/S -~O~o
AP:PLJCATION NO.
r-----:A;;-;;G;;:;R-;:;EE::-;:M;;:-ENu:;T;:;:N;;:;O:-.- - , , proVided ~bank.
272279§6
by:
Dealer Lease Agreement EQUIPMENT FINANCE

Send Account Inquiries to: 1310 Madrid Street, Suite 101 • Marslla/1, MN 56258 • Phone: (BOO) 328-5371 ·Fax: (800) 328-9092
Send Payments to: P.O. Box 790448 • St. Louis, MO 63179-0448
_The words "Lessee," 'you" and "your' refer to Customer. The words "Lessor," "we," "us" and 'our" refer to U.S. Bank Equipment Finance, a division of
U.S. Bank National A:ssociatlon ("U.S. Bank Equipment Finance'), ·
CUSTOMER INFORMATION - - - - -- - - - -- - - - - - - - -
FULL LEGAL NAME STREET ADDRESS
Shawnee County of 200 E 71h Room 828
CllY .STATE ZlP PI-lONE
Topeka KS 66603
BllLIN(l NAME (IF [)IFFERENT FROM ABOVE) BILLIN.G STREET ADDRESS
Shawnee Couhty DistrictAt.torney 200 E 71h R-oom 828
CITY . STATE ZIP E-MAIL
. Topeka KS 66603 lqalhY.beach@snoo.us
EQUIPMENT LOCAI:ION {lf DtFFCRMFROM ABOVE)

SUPPLIER INFORMATION
FULL LEGAL NAME STREET ADDRESS
Century Business Technologies Inc 4()1 SW 30th Street
CllY . STATE ZIP PHONE FAX
Topeka KS 66611 785-267-4555 785-267'-4787
EQUIPMENT DESCRIPTION
MAKEJMODEUACCESS-QRJES SERIAL NO.
Pro ~310$
Decurl Unit PU5070
Finisher SR511 0
Postscript Unit Type S11
P'OW!ilrfilt!ilf 208/20 .
Punch Unil PU5030
Savin MP4055SP
S:rldg~ Unit BU3070
tog-ather wllh·all replacements, parts, repairs, addnlonl, and liceessloos ineQrporatild theiei:l or allached lherelo ard any and all proealids.of lh&'foregdlng, InclUding. ·wllhoutllmllall®. lns.urilr>ee r<IQOVerlel.
181 See allached Schedule A
TERM AND PAYMENT INFORMATION
s_Annual Paymerit:s•or$ a 419.97 Arini.Jal Equipment portion= $6600.00
Arinual Service portion= $181Q.97 Includes 280,000 pages overage =.OOS~i::
The payment ('Paymilnl'J period Is mPillhly ~nless otherwise lndlcaled,
END OF TERM OPTIONS
You may choose one of lhe following options, WhiCh YDll may exercise at the end or the term, provided that no event of default under this Agreement has occurred and Is continuing. _II no box Is
checked and Initialed, Fair Markel Value wnl be your end oflerm opUon. Fair Market Value means the value oflhe Equipment In continued use.
llll Purchilse all of the Equlpmeol lor Ks Fair Market Value, renew tliis Agreantenl, or return the Equlpmenl .. _ _ CU510mer's lnlllals
D Purchase all of the Equlpmeol for $1.00. Altho end or the term, title lo the .Equipment wlll aulcntallcaHy transfer to you, AS IS, WHERE IS. Wllh no warantles 1111 any kbd. ___ __ Customer'~ lnlllals

.Upon acceptance of the Equipment, THIS AGREEMENT IS NONCANCELABLE, iRREVOCABLE AND CANNOT EIE TERMiN.ATED.
LESSOR ACCEPTANCE

U.S; Bank Equipment Finance

LESSOR SIGNATURE TITLE DATED
CUSTOMER ACCEPTANCE
BY SI~NING BELOW OR AUTHENTICATING AN ELECTRONIC RECORD HEREOF, YOU CERTIFY THAT YOU HAVE REVIEWED AND DO AGREE TO ALL TERMS AND CONDITIONS. OF
THIS AGREEMENT ON THIS PAGE AND ON PAGE 2 ATTACHErD_H_E_R_E_T_O.;_.- - - - - - - - - - - - - - - - ,

...jhawnt>e !cx:vdy ~lsfrt'cf /Jflcr-n X

CUSTOMER (as referenced abovo") SIGNATURE

1.../;?- IPOJJ>? '>1

· f'EDERAL T,l\)( I.D; II • _ : PRINT NAME_
DELIVERY & ACCEPTANCE CERTIFICATE
You certify end acknowledge thet all or tho Equipment listed ebQvii: 1) tu~s been received, lnslallad arid Inspected; and 2) Is fully operallonalqnd uncondlllonaBy accepted. Upon YOCJ slgrilng below,
your promises In this /lgrooment \viii be Irrevocable arid uncandnlonalln all respects. You understand and agree that we have p111d for the purchase or -the Equipment from SuppRer and you may
contact Supplier for any warranty rights, which we transfer to you lor the term ollhls Agreemeni (or·ul)tll you delaull). '

X
CUSTOMER(as reierenced above) SIGNATURE AOOEPTANCE bATE
27558 (2017) Page 1ol2 Rev. 1210112017
 1. AGREEMENT: You agtee lo lease !rom us the goods requlpmant') and, If applicabla, inance certain soltovare, sollware lcenae(s), sollware componenla and/or professional seiVIcas In connection with aollware (collectively, lhe
'An anced IIams,' which are lnduded In the word 'Equlpmenr unless separately staled) from sol\ware llcenSQ'(s) ancl/a suppller(s) (coUeclivaly, tha "Supplier'), al as described In this Agreement and In any aUached schedule, addendum or
amendment hereto ('A!V88f118nt"). You represent and warrant that you 1\G use the EqtJlmellt ror business puiJlOSBS only. You agree to a1 of the lel"lm end coodllions coolakled In thla Agreemen~ 11111cb,11101 the acceptance CllltilicaUon, Is
the entie agreement between you and us regarding lhe Equipment and which supersedes any purchase order, Invoice, request lor proposa~ response or other relatod documenL Thb ~amen! beromas valid '4J011execulion by us. The
lelm shall start on the date Wit pay Supplier. The !irs! Payment Is dua 30 days aller Uta start or this Agreement and each Payment therearter shal be due on Ute same day of each monOt (lha 'Scheduled Due Data') unless a d!Uerant due
date Is mutuaiY agreed 1o by us and you. lithe parties agree to a~st the Payment due data (an 'Adjusted Due Data'), In addition to aD Payments and other amounts due hereunder, you \Ill pay anlnlerin payment In an amount equal to
1130th of the Payrnen~ muiUplled by lhe number or days between lhe SCheduled Duo Date and the Adjusted Due Date. II any provision of this Agreement Is declared unenforceable, the other provisions herein shall remain in full Ioree and
effect lo the rutlest exten! permitted by law. .
2. OWNERSHIP; PAYMENTS; TAXES AND FEES: We own lie Equlpman~ excluding any Flnanoed Items. Ownership or any Financed Items shall remain wllh Supplier thEifllDL You wDI pay a1 Payrnants, as adjuslad, whan due, v.11hout
nolice or demand and llilhoutabatemen~ set-off, counterelalm or deduction or any amount whatsoever. If any part of a Payrnenl ts more than 5 days late, you agree to pay alale charge or 10%ortha .Payrnant\lldch Is lala ot,llleas, Uta
maximum charge allo\\Vd by law. The Payrnanl may be adjuslsd proportlonalely upward ot downward: (1) Ulha shipping charges or taxes differ from the esllmale given lo you; and/or (II) to COfTllly v.llh tha tax laws of !he slate In which the
Equipment Is located. You shaD pay al appllcabla taxes, assessments and penallies related to Ibis Agreemen~ whether levied or assessed on this Agreemen~ on us (except on our Income) or you, or on the Equlpmen~ Its leasa, sale,
Dl\llarshlp, possession, use or operaUon. If we pay any taxes or oilier expenses lhalare owoa hereunder, you agree to reimburse us when we raquasL You agree to pay us a ye* processing rea of up 1o $50 lor personal properlY taxes
Wit pay relaled lo the Eqtipmenl You agree to pay us a lee of up to $50 lor filing and/or searching c:osls requred under tha UnUonm Commerelal Code ('UCC') or oilier laws. You agtee to pay us an origlnatim rea of up to $125 for a&
closing costs. We may apply aU sums received from you lo any amounts due and owed to us under lila tanns of this AgreemenL If for any reason your chack Is returned for Insu111clent funds, you w11 pay us a seiVk:e charga or $30 or, Uless,
!he maximlln charge allowed by law. We may make a proD! on any fees, esllmaled lax payments and other chargas paid under this AgreemenL
3, EQUIPMENT; SECURITY INTEREST: AI your expense, you shaD keep the Equipment (I) In good rupelr, condition and working order, In compl'lance with applicable laws, oro111ancea and manuracturers' and regutatoty slandards; (if) 1iee
and clear of all Uens and claims; and (Ill) al your address shown on page 1, and you agree nollo move ft unless we agree In writing. You grant us a securlly lnlerest In the Equipment to secure al amounts you owe us under this Agreemenl or
any other agreement with us rather Agreements'), except amounts under Other Agreements which a-a secured by land and/or buldlngs. You authorize and raUfy our filing or any llnanclng stalelnenqs) to show our lnlelesl You v.G not
change your name, slale of organizalion, headquarters or residence wllhou! providing prkx'wriHen notice to us. You will notify us within 30 days lr your slale of orgenlzaUon revokes or le1mlnates yourextslance. •
4. INSURANCE; COLLATERAL PROTECTION; INDEMNITY; LOSS OR DAMAGE: You agree to keep lhe Eqlipment fully lnsured against aU risk, wllh us named as lender's loss payee, In an amount not lass than the fuU replacement
value or Uta Equipment unlil Otis Agreement Is tenmlnaled You also agtee to main lain commercial general Rabllly Insurance wllh such coverage and from such Insurance carrier as shal be sathlfaclory to us and to Include us as an additional
Insured on lha policy. You will provide wrlllen noice to us llllhln 10 days o/ any mod!licaUon or cancelaflon of your Insurance pollcy{s). You agree lD provide us cerUiicales or other evidence of Insurance acceptable to us. ~you do not
provide us wllh accapteble evidence or proper!)> Insurance wllhln SO days aller the slart of this Agreemen~ we may, at our sole oiSCIII6on, charge you a monlhly Jllllll8r1Y damage surcharge or up to .0035 or the Equfpmenl cost as a resuH of
DlK oredn risk and admlnls~allve and oilier costs, as would be lul1her described on a leliar from us to you. We may make a profrt on this program. NOTHING IN THIS PARAGRAPH WILL RS.IEVE YOU OF RESPONSIBIUTY FOR
LIABiliTY INSURANCE ON THE EQUIPMENT. We a11 not responsible ror, and you agree 1o hold us hanmless and reimburse us for and to dafend on 011' behalf agakl~ any claim lor any loss; expense.lablllb' or lq}aty caused by or In any
way rclaled 1o de6very,lnsla8ation, possession, ownershlp, leasing, manulaclure, use, cond!llon, Inspection, removal, return or storaga or !he EqulpmanL AD indemnities will survive the explraDon ot 1ermlnailon of this Agreemenl You 8/e
responsible for any loss, !hall. deslrucUon or damage to !he Equlpmant ("loss'), regardless or causa, whether or not Insured. You agree to promptly notify us In wrl6ng of any loss. ff a Loss DCCIII and we have not othBIVoise agreed In
writing, you v.1U promptly pay lD us the unpaid balance of lhls Agraeman~ tncludng any lulure Payments to the end or the term plus !he anllclpalad residual value of the Equlpmen~ bolh dlscounlad to present value at2o/~ Any proceeds or
Insurance Wl1 be paid 1o us and credited against the Loss. You authorize us to sign on your behalf and appoint us as your altornay-Mact to endorse In your nama any Insurance drafts or checks Issued due to a Loss.
5. ASSIGNMENT: YOU SHALL NOT SELL, TRANSFER, ASSIGN, ENCUMBER, PLEDGE OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT, without our prior wr1tten consenL You shal not consolidate or rnerga with or lnlo
any other entity, dlslrlbule, sen ot oiSpose of aU or any substantial potUon or your assels other than In the otd!nlll)' course of business. wiOtoul our prlorwriUen consent, and Ute surviving, or successa enilty or lhe lransferee or such use!a,
as the case may be, shall assume all of your obllga6ons under this Agreement by a v.rllten lnslrumantaccaptable to us. No event sheI occur whlc~ causes or results In a lransler of majorf{f O'Mlershlp or you while any obUgaUons 818
oulstandlng hereunder. We may sen, assign, or transfer this Agreement v.4thout noUce to ot consent from you. You agree thai Wwe sell, assign ot lransrer this Agreemen~ otl' asslgllea wll ~avelhe same rights and benefits lhal we have
now and wll no! have lo perform any of our obllgalbns. You agree Ulal our assignee wiU not be subject to any claims, defenses, or offsets that you may have against us. This Agreement shall be binding on and Inure to the benelll of
the partles hereto and their respective a~sors and assigns.
6. DEFAULT AND REMEDIES: You v.4ll be In dafauk It (I) you do not pay any Peyrnenl ot other sum due kl us or you faQ 1o p<rfonn In accordance with the covenants, terms and coodlllons of this Agreement or any oilier agreamant v.1th ua
or any or our affiliates or faD lD perform or pay under any materlalagreernentllith any other entity; (II) you make ot have made any ratse slalemanl or mlsrepresenlallon to us; (Hi) you or any guaranlar dies, dlssolvea, liquidates, termlnales
existence or Is In bankruptcy; fw) you or any guarantor sulfers amalerlal adverse change In lis financial, business or operaUng condlllon; or (Y) any guarantor defaulls under any guaranty lor D1ls AgreemanL II you are ever In dalaul~ at our
opUon, wo can cancel this Agreamanl and require lhat you pay lhe unpaid balance of lhls Agreernan~ lncludilg any Juline Paymanls to the end or term pkls the anUclpated residual value of lhe Equlpmen~ boVI discounted to present value at
2%. We may recover default Interest on any unpaid amounl al the rats of 12% par year. ConcunenUy and cumulaUvely, we may also use any remad!as avaUabla to us under the UCC and any other law and wo may requW that you
lrnmadlalely slop using any Financed llems. ltiW!lake possession of !he Equipment you agree to pay the cos1s of repossession, IIIOYing, storage, repal' and sale. The nat proceeds or the sale of any Equipment \Ill be cred!led against what
you owe us under this Agreement and you will be responsible for any deficiency. In !he event of any d!spule or anforcernanl or our rights under this Agreement or any relalad agreement you agree to pay our reasonable attorneys' fees
(Including any Incurred before or at tlal, on appeal or In any olher prooeed!ng), achral court costs end any oUter coUeclion costs, lnclulflllg any coUectlon agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU Am
CONSEQUENTlAL, INDIRECT OR INCIDENTAL DAMAGES FOR IVIY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay 0( laUure 1o enforce our righls under this Agreemanl will not prevent us from enmlng any righla at a lalel
time. You agree Ihallhls Agreemenll1 a "Finance Lease' as defined by Article 2A ollhe UCC and )'011' rights and remedies are governed exclusively by Otis AgreemenL You waive aD rfghls under secllons 2A-5081hrough 522 of the UCC.
lflnlerestls charged or collecled in excess or the maximum lawful rale, wo will refund such excess to you, IIIIIch wiU be your sole remedy.
7. INSPECTIONS AND REPORTS: We have the rlgh~ at any reasonable lima, 1o lospactlhe Equipment and any documents relating lo Its lnslellalion, use, maintenance and repair. Wilhln 30 days alle1 ourroquesl (or such longer period as
provided herein), you wiU delver a9 requeslad Information Vncluding lax returns) which we deem reasonably necessary to dalennlne your currenl inanclal condlllon and faith Jut perfonnance of lha terms ~ereof. This may Include: (I) cornpled,
reviewed or audfled annual financial slalelnenls ~ncludlng, wiDtoutl&nllalbn, a balance shee~ a slatement o/ Income, a staternant of cash llow, a statement of changes In eqully and noles lo inanclal statoments) within 120 days alter your
riSCal year end, and (II) management-prepared Interim financial statements v.1thln 46 days alter the requested reporting perlod(s). Annual alaIemen Is s~all set forth 'lha corresponting ligures for the prior fiscal year In compara6ve rorm. alln
reasonable delall without any quallbflon or excaplion deemed malarlal by us. Unless olhew.ise aocepled by us, each financial slatemanl shall be prepered In accordance v.1th generaUy accepted accounti1o pllnclplas consistently applied
and shaD fairly and accuralely present your tlnanclal cond!Uon and resulls or operations lor the period 1o which Hpertains. You aulhorlze us to obtain credit bureau reporls lor credit and collecllon purposes and to share them wllh our aftilales
and agents.
8. END OF TERM: Unless Ihe purchase opllon Is $1.00, altha end of the lniOallelm, this Agreement shall renew ror successive 12-month ranewaltenm(s) under the same tenms hereof unless you send us written noUoa between 90 and 150
days before the end of the lniUallelm ot atleest30 days before lha end of any renawallelm that you want to purehase or return lhe Equlpmen~ and you Dmely pun:hase or retum the EqulpmenL You shal conllnue making Payments and
paying aW other amounts due unUithe Equipment Is purchased or returned. As long as you have given us the required 11'11~an noUce,lf you do not purchase tho Equlpmen~ you will return all or the Equlpmantlo a localon wo specify, at your
expense, In relaB re-salaable condlllon, ful working order and complale repair. YOU ARE SOLaY RESPONSIBLE FOR REMOVING N1Y DATA THAT'MAY RESIDE IN THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO HARD
DRIVES, DISK DRIVES OR Am OTHER FORM OF MEMORY. .
9. USA PATRIOT ACT NOTICE; ANTI·TERRORISM AND ANTI-CORRUPTION COMPUANCE: To help the government Oghtthe funding or lerrorlsm and money laundering aciMOes, federal law requires al inanclallnslltullons lo obtain,
verify, and record lnfonnalion that Identifies each customer who opens an accounL When you enter lnlo a lransecllon wllh us, we ask ror your business nama, address and other lnlonmaUon lhat will allow us to Identify you. Wa may also ask
to see olhar documents that substanUale your business ldanll{f. You and any olher person who you conlrol, O'Ml a coolrolllng lnlerestln, or who owns aconlrollng lnleleslln ot otherv.1se controls you In any manner ('Represenlatlves') are
and .,.,;u remain In run compliance with aD laws, regulaUons and government guidance concerning foreign asset conlr~ lrade sancUons, embargoes, and the prevention and delecUon of money launderfng, bribery, corruplion, end tarrorlsm,
and ltllltheryou nor any of your Rapresenta6ves is or will be lis lad In any Sanclbnsi81aled Bsl or design aled persons maillalned by !he U.S. Oepartnenl of Treasury's Oftlce or Foreign Assels Conlrol or sucx;essor or the U.S. Oepartnent o/
Slate. You shal~ and shaD cause any Represenla!Ne to, provide such lnfonnaUon and take such actions as are reasonably requested by us In order to assist us In malnlalnlng compliance 11101 anlknoney laundering laws and reg\UUons.
10. MISCELLANEOUS: Unless otherwise stated In an addendum herekl, the par11es agree that. (I) this Agreement and any relalad documents herekl may be authenlicalad by electronic means; (I) Ihe 'orlgfnar o/ Otis Agreemenl shall be
the copy that bears your manua~ facslmUa, scanned or electronic sign aline and that also bears our manually or electronlcaUy signed slgnalure and Is held or conlrolled by us; and (ill) to the exlenl this Agreement coosllhrles chaltei paper (as
defined by the UCC), as9Clllly Interest may only be erealed In lhe original. You agree not kl raise as a defanss to the enlorcemanl of lhts Agreement or any relaled documents lhat you ot we executed or authenlicalad sucb documents by
eleclronlc or digital means ot that you used facsimile or other eteclronlo means to ~ansml your signa lure on such documents. Nolllilhstandlng anything to the contrary herein, wo resi!IVe the right to require you kl sign this Agraemantor any
relaled documents herllto manually and lo send to us !he manually signed, duly executed docurnenls via overnight courier on the same day that you send us the Cacslmle, scanned or eleclronlc lransmlsslon or the documenla. You agree lD
execute any further docurnenla that we may request to cany out the lntanls and purposes or this AgreemanL Whenever our consent Is requ~ed, ...., may withhold or coodlllon such consent in ow sola dlscralion, excapt as otherwise
expressly slated herein. From Dme lo tina, Supplier may mlend to us paymenllerms ror Equlpmanlfinanoed under this Agreement thai are more favorable than IIIla! has bean quoted to you or lha ganaral public, and we may provide
Suppler lnformaUon regarding this Agreement USuppllel has assigned or referred II to us. All notices shal be mailed or delivered by facsimile transmission or overnight courler lo lhe respec8ve parties at lie addresses shown on this
Agreement or such other address as a party may provide In ll!(llng from Omato lima. By providing us v.11h a tetaphona number lor a ceDular phone or other v.1reless device, Including a number that you lalsr convert to aceDular number, you
are expressly consenfing lo raceivlng communlcalions,lnctudlng but nolllrnlled to prerecotded or artlllctat voice message cans, text messages, and calla mada by an autornallc lelephona dlalng syslam, from us and our affilales and agents
at that number. This express consent applies to each such lalaphone number Otat you provide to us now or In tha lulure and panmlls such calls for llBIHRarketing purposes. Calls and messages may Incur access lees from your ceDular
provider. You authorize us lo make ODIHIIalerial amendmants (lnclmfJng completing and conforming lhe dascrlptloo of the EqulpmanQ on any document In coMaclion v.1th this Agreement Unless stalad otherv.ise herein, an oilier
modlr1C8Uons to Ibis Agreement musl be In wriUng and signed by aacb paf1Y or In a duly authenticated eleclronlc record. This Agreement may not be modllled by courae or perfonnance.
11. WARRANTY DISCLAlMERS: WE ARE LEASING THE EQUIPMENT TO YOU 'AS·IS.' YOU HAVE SELECTED SLIPPUER IVID THE EQUIPMENT BASED UPON YOUR OWN JUOOMENT. WE DO NOT TAKE RESPONSIBILITY
FOR THE INSTAllATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS IVID WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR
OBUGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF Atr'f CLAIM OR COMPLAINT AGAINST Atr'f SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF
A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOr-EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPUED, OF, AND TAKE ABSOLUTaY NO
RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR Atr'f PARTICULAR PURPOSE, CONDmDN, QUAUTY, ADEQUACY, TtTLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR
ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, Atr'f ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU Am
WARRANTlES IN THE EQUIPMENT GIVEN TO US.
12. LAW; JURY WAIVER: This Agreement IIi! be governed by and construed In accordance v.1th Minnasola law. You coosentlo jurisdiction and venue of any state or federal court In MIMesola end waive Ule delenss of lncoovanlant
fotum. For any action arising out or or rei aling lo this Agreement or the Equlpman~ BOTH PARTIES WAIVE All RIGHTS TO A TRIAL BY JURY.
27556 {2017) Page 2ol2 Rav.12/01/2017
 APPUCATION 1-<0. AGREEMEN1 NO.
27227956 provided ~bank.
by:~
DeaJ.e t Schedule "A!' EQUIPMENT FINANCE

This Schedule "A" is to. be attached to and becomes part of the above-referenced Agreement by and between the undersigned and. u.s. Bank Equipment
Fin·an:ce.
EQUIPMENT DESCRIPTION
NOTRNANCEO
UNDER THiS
MAAEJMODElJACCESSORIIiS 'SERIAL NO. STARTING METER A~REEMENT

Fax Option Tvpe M2'9 0

Fin1sher SR321 0 0
Paper feed Unii PB3220 0
Power Filter 120/1q 0
0
0
0
0

0
0
0
0
0
0
0
0
0
0
0
o ·
0
0
0
0
0
0
0
0
0
0
.D
0
0
0
0
0
0
0
0
D
0
together with ai replacemen.ts, parts, repairs, additions, and accessions ·incorporated !herein or attached thereto and any and all proceeds ot' the !or:egoing, including, .withoulllmHa!ior:l, insurance recoveries.
CUSTOMER ACCEPTANCE

-.j/;tlw!le~ ~' IJ/s/dci Jc} -IS...;)-()

CUSTOMER DATED
27566 (2017) f/.fhrnty Rill'. 12101/2017
 At3REEMENT NO.
provided
by
[!Ijbanka
EQUIPMENT FINANCE

STATE AND LOCAL GOVERNMENT ADDENDUM

Addendum to Agreement # , between Shawnee County of, a$ customer and u.s. Bank Equipment Finance, a division o,f
U;$. Bank National Association f"U.S. Bank Equ.ipm~nt Finance"), as Les$or. The words "you" and "your" refer to Customer.
The words "we,• "us~ and "our" refer to Les.sor.

The p&rties wls~ to amend the above-referenced Agreement by adding the following language~

REPRESENTATIONS AND WARRANTIES OF CUSTOMER: Yo~ hereby represent and warrant to us that (i) you have been
dyly a11thorized under the Constitution and laws of the app.licabl.e jurisdiction and by a resolution or other authority of your
governing body to execute and deliver this Agreerilenl an,d to carry out your obligations here:under; (iQ all legal requirements have·
been met, and procedures ha~te been followed, including public bidding, in order to ensur¢ the en.forceabllity of this Agreement; (iii)
this Agreement is in compliance with all laws applicable to you, including any debt limitations or limitations on interest rstes or
fi!'lance charges; (iv) the Equipment will be used by you only for essential governmental or proprietary functions of you consistent
with the scope of your authority, will not be used in a trade or business of any person or entity, by the federal government or for any
personal, family or household use, and your need for the Equipment is not expected to diminish during the term ofthis Agreement;
(v) you havl:l funds available to pay Payments until the end of your current appropriation period, and you intend to request funds to
make Payments in ~ach appropriatiOil period, from now until the end of the term of this Agreement; and (vi) your exact legal name
is·as set forth on page one of this Agreement.

NON-APPROPRIATION OR RENEWAL: If either sufficient funds are not appropriated to make Payments or any other amounts
doe under this Agreement or (to the extent required by applicable law) this Agreement is not renewed either automatically or by
mutual ratification, this Agreement shall terminate ahd you ~hall not be oplig:ated to make Payments under this Agreement beyohd
the then-current fiscal year for which funds have been appropriated. !Jpon such an event; you shall, no later than the end of the
fiscal year for Which Payments have been appropriated or fhe tenn of this Agreement has been renewed, deiiver possession of the
Equipment to us, If you fail to deliver possession of the Equtpment to us, the termination shall nevertheless be effective but you
shall he respons;ible, to the extent permitted by law and legally available funds, for the payment of damages in an amount equal to
the portion of Payments thereafter coming due that is attributable to the number of days. after the termination during wh1ch you fail
to deliver pqssess'ion and for any other loss suffered by us as a result of your failure to deliver possession as required. You shall
notify us ln writing within seven days after (i) your failure to appropriate funds sufficient for the payment of the Payments or Oi) to
the extent required by appl.icable law, (a) this Agreement is not renewed or (b) this Agreement is renewed by you (in which event
this Agreement shall be mutually ratified and renewed), provided that your failure to give any sue~ notice under clause (i) or (H) of
this s.entence shall not operate to extend this Agreement or result in any llabjJity to you.

TITLE TO THE EQUIPMENT: If the selected purchase option for this Agre.ement Is $1.00 or $101.00, unless otherwise required
by law, upon your acceptance of the Equipment, title to the Equipment sha,li be in your name, subject to our interest under this
Agreement

The parties wish to amend the above-referenced Agreement by restating the following language:

Any prevision in the Agreement stating this Agreement supersedes any invoice ano/or purchase order is hereby amended and
restated as fo.llows: "You agree that the terms and conditions contained in this Agreement, which, with the acceptance certification,
is the entire agreement between you and us regarding the Equipment and which supersedes any purchase order, invoice, request
for p,roposal, response or other related document."

Any provision in the Agreement stating that this Agreement shall automatically renew unless the Equipment is purchased, returned
or a notice requirement is satisfied is hereby amended and restated as follows: "Unless the purchase optlon is $1.00 or $101.00,
at the end of the initial term, this Agreement shall renew on a month-to-month basis under the same, terms hereof unless· you send
us w~itten notice at least 30 days before the end of any term that you want to purchase or return the E;quipment, and you timely
purchase or return th·e Eq·uipment."

NOTE: CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPEGIFICALLY STATED OTHERWISE.

27567 Page1 of2 Rev. 1210112017

 Any provision in the Agreement stating that we may assign tnis Agreement is hereby. amended .and restated as follows: "We may
sell, assign, or transfer this Agre.ement wilhout notice to or consent from y.ou, and you waive any right you may have to such notice
or cons.ent."

Any proVision in the Agt~ement sJating that you grant us a sect,Jr1ty interest in the t=quipment to secure all amounts .owed to us
under any a.9reemeht is hereby amended and resiated as follows: "To the extent permitted by law, you grant us. a security interest
in the Equipment to secure all amounts you owe us under this Agreement and any supplements hereto. You authorize and ratify
our filing of any financing statement(s) and th:e naming of us on any vehicle title(s) to show our interest." ·

Ariy provision in the Agreement stating that you shall indemnify and hold us harmless is hereby amended and restated as follows:
"You shall not be required to indemnify or hold us harmless against liabilities arising from this Agreement. However, as l:>etweeh
you and us, a:nd to the extent permitted by law and le.gally available funds, you are responsible for and shall bear the risk of ioss
for, shaft pay directly, ano shali defef1d against any and all claims, liabilities, pro.oeedings~ actions, expenses, d~mq~ges or tosses
arising under or related to the Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereo.f,
e~cept · that you shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses, damages or
losses that arise directly from events occurring after you have surrender~d possession of thB Equipment in accordance with the
terms ofthis Agreement to us or that aris~ directly frem !JiJi" gt9ss negli,gence or willful misconduct."

Any provision in the Agreement stating that a default by you under any agreement with our affiliates or other lenders shall be an
event of defaull under the A~::~reetnent is hereby amended and restated as follows: "You will be in default if: (t) you do not pay ai")y
Payment or other sum d.ue to us under this Agreement W·hen due or you fail to perform in accordance with the covenants, ter:ms
and con!;litions of this Agreement; (ii) you make or have made any false statement or misrepresentation to us; or (iii) you dissolve,
liquidate, terminate your existence or are in bankruptcy."

Any provision in tne Agreement stating that you shall pay Ottr attorneys' fees is her~by amendeo ancl restated as fullows: "'n the
event of any dispute or enforcement of rt.ghts under this Agreement or any related agreement, you ag:ree to pay, to the ext~nt
permUted by Jaw and to extent of legally avaUable funds, ourreasonable attorneys' fees Oncludlng any incllrred before or at tiiaf. on
appeal or in any other proceeding), actual court costs and any other collection costs, includ,ing any ~flection agency fee. •

AAy provision in the Agreement requiring you to pay amounts due under the Agreement UJ')on the occurrence of a default, failure to
appropriate funds or failure to renew the Agreement is hereby amended to limit such requirement io the extent permitted by law
and legally available funds.

Any provis.ion in tbe Agreement stating that the Agreement is governed by a particular state's laws and you consent to such
jurisdiction and venue is hereby amended and restated as follows: "This Agreement will be governed by and construed in
accordance with the. laws of the state where .yoo are located, You consent to jurisdJction and venue of any state qr federal cGurt in
such state and waive the defense of Inconvenient forum."

By Signing this A<ldendum, Customer acknowledges th:e above changes to th·e Agreement and authorizes Lessor to make. such
changes. In the event of any confl'ict between this Addendum and the Agreement; this Addendum shall prevail. lh all other respects,
the terms and condition.s of the Agreement remain In full force ano effect C~n.cl remain bindingon
Customer.

U.S. Batik Equipment Finance 6htt:LVnee

Lessor Customer

Signature

Title Date Title Date

NOTE: CAPITAUZED TERMS IN THIS DOCUMENT ARE DEFINED 'AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE.

27587 Page 2of2 Rev. 1211l112017

Rev. 10/2019
ATTACHMENT TO
SHAWNEECouNTYCoNTRACTc St.fs -..<o ~d
CONTRACTUAL PROVISIONS ATTACHMENT
The undersigned parties agree that the following provisions are hereby
incorporated into the contract to which it is attached and made a part thereof;
said contract being dated the _ _ _ day of - - - - - - - - >
20_.
I. TERMS HEREIN CONTROLLING PROVISIONS. It is expressly agreed
that the terms of each and every provision in this attachment shall
prevail and control over the terms of any other conflicting provision in
any other document relating to and a part of the contract in which this
attachment is incorporated.
2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the
undersigned that all disputes and matters whatsoever arising under, in
connection with or incident to this contract shall be litigated, if at all, in
and before a Court located in the State of Kansas, U.S.A., to the
exclusion of the Courts of any other states or country. All contractual
agreements shall be subject to, governed by, and construed according to
the laws of the State ofKansas.
3. TERMINATION DUE TO LACK OF FUNDING
APPROPRIATION. Shawnee County is subject to the Kansas Cash
Basis Law, KS.A. I 0-110 I et seq. It: 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.
4. DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any
department thereof shall hold harmless or indemnify any contractor for
any liability whatsoever.
5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply
with the Kansas Act Against Discrimination (KS.A. 44-1001 et seq.)
and the Kansas Age Discrimination in Employment Act, (KS.A. 44-
1111 et seq.) and the applicable provisions of the Americans With
Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not
discriminate against any person because of race, religion, color, sex,
disability, national origin or ancestry, or age in the admission of access
to or treatment or employment in, its programs or activities; (b) to
include in all solicitations or advertisements for employees, the phrase
"equal opportUnity employer"; (c) to comply with the reporting
requirements set out in KS.A. 44-1031 and KS.A. 44-1116; (d) to
include those provisions in every subcontract or purchase order so that
they are binding upon such subcontractor or vendor; (e) that a failure to
comply with the reporting requirements of (c) above or if the contractor
is found guilty of any violation of such acts by the Kansas Human
Rights Commission, such violation shall constitute a breach of contract;
(f) if the contracting agency determines that the contractor has violated
applicable provisions of ADA, that violation shall constitute a breach of
contract; (g) if (e) or (f) occurs, the contract may be cancelled,
terminated or suspended in whole or in part by the County.
Parties to this contract understand that subsections (b) through (e) of
this paragraph number 5 are not applicable to a contractor who employs
fewer than four employees or whose contract with the County totals
$5,000 or less during this fiscal year.
6. ACCEPTANCE OF CONTRACT. This contract shall not be considered
accepted, approved or otherwise effective until the required approvals
and certifications have been given and this is signed by the Board of
County Commissioners of the County of Shawnee, Kansas.
7. ARBITRATION. DAMAGES, WARRANTIES. Notwithstanding any
language to the contrary, no interpretation shall be allowed to find the
County has agreed to binding arbitration, or the payment of damages or
. penalties upon the occurrence of a contingency. Further, the County
shall not agree to pay attorney fees and late payment charges; and no
provisions will be given effect which attempts to exclude, modify,
disclaim or otherwise attempt to limit implied warranties of
merchantability and fitness for a particular purpose.
8. REPRESENTATIVE'S AUTHORITY TO CONTRACT. By signing this
document, the representative of the contractor thereby represents that
such person is duly authorized by the contractor to execute this
document on behalf of the contractor and that the contractor agrees to be
bound by the provisions thereof.
9. RESPONSIBILITY FoR TAXES. The County shall not be responsible for,
nor indemnify a contractor for, any federal, state or local taxes which
may be imposed or levied upon the subject matter of this contract.
10. INSURANCE. The County shall not 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 (KS.A. 75-
6101 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.
11. AUTOMATED CLEARING HOUSE (ACH). Shawnee County prefers to
pay its vendor invoices via electronic funds transfers through the
automated clearing house (ACH) network. Shawnee County may require
vendors to accept payments via ACH. To initiate payment of invoices,
vendors shall execute the County's standard ACH Vendor Payment
Authorization Agreement. Upon verification of the data provided, the
Payment Authorization Agreement will authorize the County to deposit
payment for services rendered or goods provided directly into vendor
accounts with financial institutions. All payments shall be made in
United States currency.
VENDOR/CONTRACTOR:
By:
Title:
Date:
BOARD OF COUNTY COMMISSIONERS
SHAWNEE COUNTY, KANSAS
William D. Riphahn, Chair
Date:
ATTEST:
Cynthia A. Beck, Shawnee County Clerk
 Shawnee County 1[[.5.
Sheriff's Office
Sheriff Brian C. Hill
Law Enforcement Center
320 S. KANSAS, SUITE 200
TOPEKA, KANSAS 66603-3641
785-251-2200

MEMORANDUM

December 15, 2020

To: Shawnee County Commission

From : Sheriff Brian C. Hill

Re: Out of State Transport

I am requesting permission to waive the Purchasing Policy for an Out of State

Transport that was done on November 11, 2020. A prisoner was transported
from King County Regional Justice Center in Kent, WA to the Shawnee County
Adult Detention at a cost of $3875 .55 .

Please place this on your December 21, 2020 agenda.

If you have any questions please let me know.

Sincerely,
..

11~\\'"~- L~~
~~Hill, Sheriff
Shawnee County
 SHAWNEE COUNTY
DEPARTMENT of PUBLIC WORKS
1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867
785-251-6101 FAX 785-251-4920
Curt F. Niehaus, P.E.
Director of Public Works
County Engineer

MEMORANDUM
Date: December 15,2020

To: Board of County Commissioners .

From: Curt F. Niehaus, P.E., Director of Public Works ~~~.

Re: Authorization & execution of a contract with CAS Constructors, LLC for all work
covering the installation of a new Teacup grit removal system - Sherwood WWTP.

Timeline: Approval of request to negotiate Phase 1 contract: January 27, 2020

Approval ofKDHE Loan Agreement: April27, 2020
Authorization & execution of Phase 1 contract w/design-build team: May 28, 2020
Purpose of Ph. 1 contract: Establish project schedule & guaranteed maximum price.

Attached for your authorization and execution is a contract with the CAS Constructors, LLC of
Topeka for all work to install a new Teacup grit removal system at the Sherwood Treatment
Plant at a Lump Sum price of $589,011.

The above price includes a maximum $25,000.00 contingency, of which 50% of any unused
portion will be reimbursed back to the county.

Also included in the maximum price is $23,100 for ancillary works at the treatment plant. If not
included in this project, this additional work would have been a part of the future KDHE loan
project to assess and rehabilitate the Sherwood Wastewater Treatment Plant.

Immediate funding for this project will c.ome from the KDHE Revolving Loan. Future biannual
loan repayments will begin, at a reduced amount, in February 2022 with repayments coming from
the 100% user fee funded Sherwood Wastewater account (2690).

This contract satisfied all KDHE requirements, and has been reviewed and approved by the
County Counselor.

A breakdown of the total roject budget is as follows:

SN Co. Pro'ectS-401019.00- Item Contract Amounts Loan Estimate
Phase 1 $24,826 $40,000
$540,911 $448,000
& Effluent Tree $23,100
$25,000 $32,000
$589,011 $480,000
Pro· ect Grand Total $613,837 $520,000
 SHAWNEE COUNll.
CONTRACt ill c?f{c).._ o.Z_ 0

Replacement of the 11Tea Cup" Grit Removal

System at the Sherwood Treatment Plant-
Project No. S-401019.00

Owner:
The Board of County Commissioners of the
County of Shawnee, .KS

Design-Builder:
Burns & McDonnell I CAS Constructors
Sherwood Joint Venture
BURNS ~£DONNELL.
C"SCONSTRUCTORSLLC
AN ALIIEIIICI EHTEI!:PAISf
 DBIA
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STANDARD FORM OF AGREEMENT

BETWE_EN OWNER AND DESIGN-
BUILDER - LUMP SUM
AS MODIFIED BY THE PARTIES
. . ..

Document No. 525

Second Edition, 2010
© Design-Build Institute of America
Wash ington, DC
 DBIA

~
Standard Form of Agreement Between
Owner and ·Design-Builder- Lump Sum

This AGREEMENT is made as of t h e - - - - - - - - - - day of

_ _ _ _ in the year of 20 , by and between the following parties, for services in connection
with the Project identified below.

OWNER: The Board of County Commissioners of the County of Shawnee, KS

1515 NW Saline Street Suite 200
Topeka, Kansas 66618-2867

DESIGN-BUILDER: Burns & McDonnell I CAS Constructors Sherwood Joint Venture

9400 Ward Parkway
Kansas City Missouri 64113

PROJECT: Replacement of the "Tea Cup" Grit Removal System at the Sherwood
Treatment Plant
Project No. S-401019.00

In consideration of the mutual covenants and obligations contained herein, Owner and Design-Builder agree
as set forth herein.
Article 1

Scope of Work
1.1 Design-Builder shall perform or furnish all design and construction services, and provide all material,
equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the
Contract Documents.

DBIA DoOJmentNo. 525 Page 1

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 Article 2

Contract Documents
2.1 The Contract Documents are comprised of the following:

.1 All written modifications, amendments, minor changes and Change Orders to this ~reement
issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of
Contract Agreement Between Owner and Design-Builder (201 0 Edition) as modified by the Parties
("General Conditions of Contracf');

.2 Basis of Design Documents consisting of the following:

A. Basis of Design Memorandum and Preliminary Drawings attached hereto .

.!2.,. Work Description .

.3 This Agreement and Exhibits hereto .

.4 Standard Form of General Conditions of Contract, as m edified by the Parties•

.5 Construction Documents prepared and approved in accordance with Section 2.4 of the
General Conditions of Contract.;

.6 Payment Bond .

.7 Performance Bond .

.8 Shawnee County's Contractual Provisions Attachment

Article 3
Interpretation and Intent

3.1 Design-Builder and Owner, prior to execution of the Agreement, shall carefully review all the Contract
Documents, including the various documents comprising the Basis of Design Documents for any conflicts or
ambiguities. Design-Builder and Owner will discuss and resolve any Identified conflicts or ambiguities prior to
execution of the Agreement.

3.2 The Contract Documents are intended to permit the parties to complete the Work .and all obligations
required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract
Documents are intended to be complementary and Interpreted in harmony so as to avoid conflict, with words
and phrases interpreted In a manner consistent with construction and design indl,lstry standards. In the event
inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after
execution of the Agreement, Design-Builder and Owner shall attempt to resolve any ambiguity, conflict or
inconsistency inform ally, recognizing that the Contract Documents shall take precedence in the order in which
they are listed in Section 2.1 hereof. Conflicts existing within Section 2.1.2 shall be resolved by giving
precedence first to the Deviation List, if any, then the Owner's Project Criteria, and then the Design Builder's
Proposal.

3.3 Terms, words and phrases used in the ContractDocuments, including this Agreement, shall have the
meanings given them in the General Conditions of Contract.

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3.4 If Owner's Project Criteria contain design specifications: (a) Design-Builder is entitled to reasonably
rely on the accuracy of the information represented in the design specifications and their compatibility with
other information set forth in Owner's Project Criteria, including any design performance specifications; and
{b) Design-Builder shall be entitled to an adjustment in its Contract Price and/orContractTime(s)to the extent
Design-Builder's cost and/or time of performance have been adversely impacted by such inaccurate design
specification .

3.5 The Contract Documents form the entire agreement between Owner and Design-Builder and by
incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other
agreements have been made by the parties except as specifically stated in the Contract Documents.

3.6 In the event of some ambiguity in the Contract Documents, the parties shall be deemed to have
jointly authored them and nothing shall be construed against or in favor of one party based on it being
deemed the sole author.

Article 4

Ownership of Work Product

4.1 Work Product. All drawings, specifications and other documents and electronic data, including such
documents identified in the General Conditions of Contract, furnished by Design-Builder to Owner under this
Agreement ("Work Producf') are deemed to be instruments of service and Design-Builder shall retain the
ownership and property interests therein, including but not limited to any intellectual property rights,
copyrights and/or patents, subject to the provisions set forth in Sections 4.2 through 4.5 below.

4.2 Owner's Limited License Upon Project Completion and Payment in Full to Design Builder.
Upon OWner's payment in full for all Work performed under the Contract Documents, Design-Builder shall
grant Owner a limited license to use the Work Product in connection with Owner's occupancy of this_Project
only, conditioned on Owner's express understanding that its alteration of the Work Product without the
involvement of Design-Builder is at Owner's sole risk and without liability or legal exposure to Design-Builder
or anyone working by or through Design-Builder, including Design Consultants of any tier (collectively the
"lndem nified Parties"), and on the Owner's obligation to provide the indemnity set forth in Section 4.5 herein.
The Work Product cannot be used for other projects without Design-Builder's express written consent and
appropriate compensation and agreement on terms of use and indemnity.

4.3 Owner's Limited License upon Owner's Termination for Convenience or Design-Builder's
Election to Terminate. If Owner terminates this Agreement for its convenience as set forth in Article 8
hereof, or if Design-Builder elects to terminate this Agreement in accordance with Section 11.4 of the General
Conditions of Contract, Design-Builder shall, upon Owner's payment in full of the amounts due Design-Builder
under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project
and subsequently occupy the Project, and Owner shall thereafter have the same rights as set forth in Section
4.2 above provided that use of the Work Product is at Owner's sole fisk without liability or legal exposure to
any Indemnified Party and on the Owner's obligation to provide the indemnity set forth in Section 4.5 herein.

4.4 Owner's Limited License upon Design-Builder's Default. If this Agreement is terminated due to
Design-Builder's default pursuant to Section 11.2 of the General Conditions of Contract, then Design-Builder
grants Owner a limited license to use the Work Product to complete the Project and subsequently occupy the
Project, and Owner shall thereafter have the same rights and obligations as set forth in Section 4.2 above.
Notwithstanding the preceding sentence, if it is ultimately determined that Design-Builder was not in default,
Owner shall be deemed to have terminated the Agreement for convenience, and Design-Builder shall be
entitled to the rights and remedies set forth in Section 4.3 above.

DB IA Dorument No. 525 Page3

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4.5 Owner's Indemnification for Use of Work Product. If Owner is required to indemnify any
Indemnified Parties based on the use or alteration of the Work Product under any of the circumstances
identified in this Article 4, Owner shall defend, indemnify and hold harmless the Indemnified Parties from and
against any and all claims, damages,liabillties,losses and expenses, including attorneys' fees, arising out of
or resulting from the use or alteration of the Work Product.

4.6 Submission or distribution to meet official regulatory requirements or for other purposes in connection .
with the Project is not to be construed as publication in derogation ofthe Design-Builder's rights.

4.7 · The Owner shall not utilize the Documents, designs, or specifications furnished by Design-Builder to
solicit bids or obtain negotiated prices from other contractors.

4.8 This Article 4 shall survive any termination of this Agreement by either Party.

Article 5

Contract Time

5.1 Date of Commencement. The construction Work shall commence within five (5) days of the notice
to proceed provided that any permits or regulatory approvals required to commence construction have been
obtained ("Date of Commencemenr)unless the parties mutually agree otherwise in writing.

5.2 Substantial Completion and Final Completion

.1 Substantial Completion of the entire Work shall be achieved no later than Two Hundred Five
(205) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date").
Substantial Completion shall be defined as set out in the General Conditions .

.2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be
achieved as follows: ·

None .

.3 Final Completion of the Work or identified portions of the Work shall be achieved as
expeditiously as reasonably practicable. Final Completion is the date when all Work is complete
pursuant to the definition of Final Completion set forth In Section 1.2.7 of the General Conditions of
Contract.

.4 All of the dates set forth in this Article 5 ("ContractTime(s)") shall be subjectto adjustment in
accordance with the General Conditions of Contract.

5.3 Time. Owner and Design-Builder mutually agree that time is material with respect to the dates and
times set forth in the Contract Documents.

5.4 Liquidated Damages .

.1 Design-Builder understands that if Substantial Completion is not attained by the Scheduled

Substantial Completion Date in Section 5.2.1, above, Owner will suffer damages which are difficult to
determine and accurately specify. Design-Builder agrees that if Substantial Completion is not attained by
Zero (Q.) days after the Scheduled Substantial Completion Date (the "LD Date"), Design-Builder shall pay
Owner Five Hundred Dollars ($ 500.00) as liquidated damages for each day that Substantial Completion
extends beyond the LD Date.

DBIA Dowment No . 525 Page4

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 .2 Design-Builder understands that if Final Completion is not achieved within Thirty.J..Q days of
Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately
specify. Design-Builder agrees that if Final Completion is not achieved within Thirty.lQ_days of Substantial
Completion, Design-Builder shall pay to Owner Two Hundred Fiftv Dollars ($250.00), as liquidated damages
for each calendar day that Final Completion is delayed beyond the above-referenced number of days.

5.5 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liability for any
and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or
consequential, and of whatsoever nature. incurred by Owner which are occasioned by any delay in achieving
Substantial Completion, Interim Milestone.Dates or Final Completion. Owner and Design-Builder agree that
the maximum aggregate liability Design-Builder has for any liquidated damages that may be assessed under
this Agreement shall be Sixtv Thousand Dollars ($60,000.00).

5.6 Not used

5.7 In addition to Design-Builder's right to a time extension for those events set forth in Section 8.2.1
of the General Conditions of Contract, Design-Builder shall also be entitled to an appropriate adjustment
of the Contract Price for those events set forth in Section 8.2.1 of the General Conditions of Contract.

Article 6

Contract Price

6.1 Contract Price. Owner shall pay Design-Builder in accordance with Article 6 of the General
Conditions of Contract the sum of Five Hundred Eiqhtv-Nine Thousand Eleven Dollars ($ 589,011.00)
("Contract Price"), subject to adjustments made in accordance with the General Conditions of Contract.
Unless otherwise provided in the Contract Documents, the Contract Price is deemed to include all sales, use,
consumer and other taxes mandated by applicable Legal Requirements.

6.2 Markups for Changes. If the Contract Price requires an adjustment due to changes in the Work, and
the cost of such changes is determined under Sections 9.4.1.3 or 9.4.1.4 of the General Conditions of
Contract, the following markups shall be allowed on such changes:

.1 For additive Change Orders, including additive Change Orders arising from both additive and
deductive items, it is agreed that Design Builder shall receive a Fee of Fifteen percent (15%) of the
additional costs incurred for that Change Order. In addition to mark-up for Fee, Design-Builder shall ·
be entitled to mark-up for insurance and bond (if bonded Project) in an amount of H"wiJ'~nd 881100:
percent (e~M%). · .

.2 For deductive Change Orders, including deductive Change Orders arising from both additive
and deductive items, the deductive amounts shall include no additional reduction to account for
Design-Builder's Fee or any other markup.

6.3 Allowance Items and Allowance Values

.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth
in an Exhibit hereto .

.2 Design-Builder and Owner have worked together to review the Allowance Items and
Allowance Values based on design information then available to determine that the Allowance Values
constitute reasonable estimates for the Allowance Items. Design-Builder and Owner will contiQue
working closely together during the preparation of the design to develop Construction Documents
DBIA Dowment No. 525 PageS
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 consistent with the Allowance Values. Nothing herein is intended in any way to constitute a
guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance
Value. ·

.3 No work shall be performed on any Allowance Item without Design-Builder first obtaining in
writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not
provided written authorization to proceed by the date set forth in the Project schedule, due to no fault
of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and
Contract Price .

.4 The Allowance Value includes the direct cost of labor, materials, equipment, transportation,
taxes and insurance assoCiated with the applicable Allowance Item. All other costs, including design
fees, Design-Builder's overall project management and general conditions costs, overhead and fee,
are deemed to be included in the original Contract Price, and are not subject to adjustment
notwithstanding the actual amount of the Allowance item.

Article 7

Procedure for Payment

7.1 Progress Payments

.1 Design-Builder shall submit to Owner on the Fifth @h) day of each month, beginning with the
first month after the Date of Commencement, Design-Builder's Application for Payment in
accordance with Article 6 of the General Conditions of Contract.

.2 Owner shall make payment within ten (1 0) days after Owner's receipt of each properly
submitted and accurate Application for Payment in accordance with Article 6 of the General
Conditions of Contract, but in each case less the total of payments previously made, and less
amounts properly withheld under Section 6.3 of the General Conditions of Contract.

7.2 Retainage on Progress Payments

.1 . Owner will retain Ten percent (10%)of each Application for Payment provided, however, that
when fifty percent (50%) of the Work has been completed by Design-Builder and Design-Builder is
otherwise in compliance with its contractual obligations, Owner will not retain any additional retention
amounts from Design-Builder's subsequent Applications for Payment. Owner will also reasonably
consider reducing retainage for Subcontractors completing their work -early in ttie Project. No
retention will be held on paym ant for design or professional services .

.2 Within fifteen (15) days after Substantial Completion of the entire Work or, if applicable, any .
portion of the Work, pursuant to SeCtion 6.6 of the General Conditions of Contract, Owner shall
release to Design-Builder all retained amounts relating, as applicable, to the entire Work or
completed portion otthe Work, less an amount equal to (a) the reasonable value of all remaining or
incomplete items of Work as noted in the Certificate of Substantial Completion and (b) all other
am aunts Owner is entitled to withhold pursuant to Section 6.3 of the General Conditions of Contract.

7.3 Final Payment. Design-Builder shall submit its Final Application for Payment to Owner in
accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design-
Builder's properly submitted and accurate Final Application for Payment within thirty (30) days after Owner's
receipt of the Final Application for Paym ant, provided that Design-Builder has satisfied the requirements for
final payment set forth in Section 6.7.2 of the General Conditions of Contract.
DBIA Dowment No. 525 Page6
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 7.4 Interest. Payments due and unpaid by Owner to Design-Builder, whether progress paymentsorfinal
payment; shall bear interest commencing five (5) days after payment is due at the rate of one and one-half
percent (1.5%) per month until paid . ·

7.5 Record Keeping and Finance Controls. With respect to changes in the Work performed on a cost
basis by Design-Builder pursuant to the Contract Documents, Design-Builder shall keep full and detailed
accounts and exercise such controls as may be necessary for proper financial management, using a<XXJunting
and control systems in accordance with generally accepted accounting principles and as may be provided in
the Contract Documents. During the performance of the Work arid for a period of three (3) years after Final
Payment, Owner and Owner's accountants shall be afforded access to, and the right to audit from time to
time, upon reasonable notice, Design-risk
records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other
data relating to changes in the Work performed on a cost basis in accordance with the Contract Documents,
all of which Design-Builder shall preserve for a period of three (3) years after Final Payment. Such inspection
shall take place at Design-Builder's offices during normal business hours unless another location and time is
agreed to by the parties. Any multipliers or markups agreed to by the Owner and Design-Builder as part of
· this Agreement are only subject to audit to confirm that such multiplier or markup has been charged in
accordance with this Agreement, but the composition of such multiplier or markup is not subject to audit and
any Work performed and agreed to on a lump sum basis, including the Contract Price, is not subject to audit.

Article 8

Termination for Convenience

8.1 Upon ten (10) days' written notice to Design-Bu ilder, Owner may, for its convenience and without
cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following :

.1 All Work executed and for proven loss, cost or expense in connection with the Work;

.2 The reasonable costs and expenses attributable to such termination, Including demobilization
costs and amounts due in settlement of terminated contracts with Subcontractors and Design
Consultants; and

.3 The fair and reasonable sums for overhead and profit on the sum of items .1 and .2 above.

8.2 Not used.

8.3 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to design and
construct the Project through its employees, agents or third parties, Owner's rights to use the Work Product
shall be as set forth in Section 4.3 hereof. Such rights may not be transferred or assigned to others without
Design-Builder's express written consent and such third parties' agreement to the terms of Article 4.

Article 9

Representative of the Parties

9.1 Owner!s Representatives

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Standard Form of Agreement Between Owner and Design-Builder - Lump Sum Rev 10 06 2010
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 .1 Owner designates the individual listed below as Its Senior Representative ("Owner's Senior
Representative"), which individual has the authority and responsibility for avoiding and resolving
disputes under Section 10.2.3 of the General Conditions of Contract:

9.2 Design-Builder's Representatives

.1 Design-Builder designates the individual listed below as Its Senior Representative ("Design-
Builder's Senior Representative"), which individual has the authority and responsibility for avoiding
and resolving disputes under Section 10.2.3 of the General Conditions of Contract:

.2 Design-Builder designates the individual listed below as its Design-Builder's Representative,

which individual has the authority and responsibility set forth in Section 2.1.1 of the General

Article 10
Bonds and Insurance

10.1 Insurance. Design-Builder and Owner shall procure the insurance coverages set forth below and in
accordance with Article 5 of the General Conditions of Contract.

TYPE: REQUIRED LIMITS:

1. Worker's Compensation Insurance Statutory Amount

DBIA Dowment No. 525 Page 8

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1 0)
 2.Employer's Liability $500,000 by disease,
$500,000 each accident, $500,000 each employee by disease

3.Commercial General Liability (CGL)

General Aggregate: $2,000,000

Completed Operations Aggregate : $2,000,000
Limit Per Occurrence: $1,000,000

4. Automobile Liability: (Hired, Owned and Non-owned Included)

Combined Single Limit per Accident $1,000,000

5. All-Risk Builder's Risk to be provided by Owner

Limits equal to the Completed Value of Project Work. This policy shall be in place during
Construction of the Work until Substantial Completion of the Work. Owner is responsible for all
premiums and deductibles associated with this policy. Design-Builder and subcontractors atall tiers
shall be included as additional insured on this policy. This policy shall have a waiver of subrogation
for Owner, Design-Builder, and subcontractors at all tiers. This policy shall include coverage for
transit and stored materials.

6. Umbrella/Excess Liability Policy $1,000,000 peroccurrence

And in the aggregate

10.2 Bonds and Other Performance Security. Design-Builder shall provide the following performance
bond and labor and material payment bond.

Performance Bond .

l8l Required 0 Not Required

Payment Bond.

l8l Required 0 Not Required

Article 11
Other Provisions

11.1 Other provisions, if any, are as follows:

11.2 Special Provls ions

.1 In executing this Agreement, Owner and Design-Builder each individually represents that it
has the necessary financial resources to fulfill its obligations under this Agreement, and each has the
necessary corporate approvals to execute this Agreement, and perform the services described herein.

DBIA DorumentNo . 525 Page9

Standard Form of Agreement Between Owner and Design-Builder- Lump Sum Rev 10_06_2010
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 .2 Where this Agreement is entered into subsequent to the Design-Builder beginning
performance of the Work for the Project, the parties acknowledge and agree that this Agreement is intended
to and shall govern all Work provided by the Design-Builder for the Project, whether initiated or performed
prior or subsequent to the execution of this Agreement, and that this Agreement is intended to and shall
supersede and replace any and all prior agreements whether written or oral for the subject matter set forth in
this Agreement.

11.3 Listing of Exhibits:

Exhibit "A": General Conditions. DBIA Doc. No. 535, as modified by the Parties
Exhibit "B": Basis of Design Memorandum
Exhibit "C": Conceptual Design Drawjngs
Exhibit "D": Work Description
Exhibit "E": KDHE SRF Contract Provisions
Exhibit "F": Performance and Payment Bonds (to be included after execution of Agreement)
Exhibit "G": Shawnee Countv's Contractual Provisions Attachment

Article 12

Limitation of Liability

12.1 Limitation. To the fullest extent permitted by law, and notwithstanding any other provision of this
Agreement, the total liability, in the aggregate, of Design-Builder, its Design Consultants and Subcontractors,
surety (if any) and their respective officers, directors, employees, and agents, and any of them, to Owner and
anyone claiming by, through or under Owner, for any and all claims, losses, liabilities, costs, or damages
whatsoever arising out of, resulting from or in any way related to the Project or this Agreement from any
cause, including but not limited to the negligence, Indemnity, professional errors or omissions, strict liability,
breach of contract, or warranty (express or implied) shall not exceed the total compensation actually received
by Design-Builder under this Agreement. The parties agree that specific consideration has been given by the
Design-Builder for this limitation and that it is deemed adequate.

OWNER: DESIGNMBUILDER:
The Board of County Commissioners Burns & McDonnell/ CAS Constructors Sherwood
of the County of Shawnee, KS Joint Venture

(Signature)

(Printed Name) (Printed Name)

~'\) ~~~
(71tle) (Title)

Date: -----------------------------
Date: \l_/ 'b' b)J''(J)

DBIA DorumentNo . 525 Page 10

Standard Form of Agreement Between Owner and Design-Builder- Lump Sum • Rev 10 06 2010
© 2010 Design-Build Institute of America DB-14 (DBIA S25·
10)
Hunt, Jeff

From: Brzon, Jonathan

Sent: Monday, December 14, 2020 11:35 AM
To: Hunt, Jeff
Subject: Re: Contract

Thanks. Since KDHE didn't change anything it is approved for form and legality.
JCB

On Dec 14, 2020, at 10:28 AM, Hunt, Jeff <Jeff.Hunt@snco.us> wrote:

Jonathan

Looks like KDHE approved the contract with no changes . I assume you do not need to see it/approve
again, but I thought I would ask.

Jeff Hunt, PE
Deputy Director of Public Works
1515 NW Saline, Suite 200
Topeka, KS 66618
Jeff.Hunt@snco.us
(o) 785 2516081 (m) 785 230 1423

From: Frank Weinhold [KDHE] [mailto:Frank.Weinhold@ks.gov]

Sent: Monday, December 14, 2020 9:36AM
To: Hunt, Jeff <Jeff.Hunt@snco.us>; William Carr [KDHE] <William.J.Carr@ks.gov>
Cc: Niehaus, Curt <Curt.Niehaus@snco.us>
Subject: RE: Contract

December 14, 2020

Jeff:

Both William and I have reviewed the Owner/Design Builder Agreement the Shawnee
Co. Sherwood project and agree the document is acceptable.

?~ ~- '?1Jei«4otd
Frank R. Weinhold, PE
Kansas Department of Health & Environment
1000 SW Jackson Street, Suite 420
Topeka, Kansas 66612-1367

Phone: (785) 296-5530

E-Mail: Frank.Weinhold@ks.gov
1
 SHAWNEE COUNTY
DEPARTMENT of PUBLIC WORKS
1515 N.W . SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867
785-251-6101 FAX 785-251-4920
Curt F. Niehaus, P.E.
Director of Public Works
County Engineer

MEMORANDUM

Date: December 15, 2020

To: Board of County Commissioners

From: Curt F. Niehaus, P.E. ~-~

Director of Public Works

Re: Approval of request to fill a recently vacated Inventory Specialist I position at an

annual salary, including benefits, ofno less than $42,113.12.

The Inventory Specialist I position within the Shawnee County Department of Public Works
(SCDPW) has recently become vacant due to resignation. As such the SCDPW is requesting
approval to fill this position and any subsequent opening(s) that might result from the filling of
this position. I
This position is important to the success of the SCDPW since it is primarily responsible for
making certain that appropriate and necessary parts are available in support of vehicle and
equipment maintenance. Specifically, this position orders parts, maintains the parts room I
I
inventory, picks up and delivers parts, initiates the payment process, and works with the
Cartegraph system for the tracking of vehicle and equipment maintenance costs. I
When filled, this position will have a yearly financial impact, including salary and benefits, of no I
less than $42,113.12. This corresponds to Teamster's Range 903, Step 1 (12.75/hour) ofthe
2020 Public Works wage scale, which is valid until at least July 1, 2021.

Funding for this position will continue to be paid for out of the Public Works Equipment
Maintenance Fund (10PW128 501xx).

A most recent version of the position description is attached.

Thank you for your consideration of this request.

 SHAWNEE COUNTY, KANSAS
Position Description
Inventory Specialist

POSITION NUMBER: PW1030 FLSA STATUS: N

i·
POSITION DESCRIPTION !

Under general supervision, this position oversees the purchase, storage and inventory control for
the Public Works department garage. Will set up and manage a parts inventory program in close
cooperation with the Equipment Fleet Supervisor and the Assistant Equipment Fleet Supervisor.
Performs light vehicle and building maintenance. Performs other duties as required. This
position is supervised by the Auto Mechanic Supervisor and the Assistant Equipment Fleet
Supervisor.

WORK PERFORMED

30% Parts Room. Operates the parts room in the County garage including stocking of parts,
keeping an inventory of parts, maintaining a clean and orderly work area and supplying
parts to mechanics.

30% Invoices. Enters invoices into IF AS, must have knowledge of line codes. Transfers
information from IF AS to the CaJ.tegraph system for inventory and billing purposes.

30% Inventory. Maintains the parts inventory system on Cartegraph including data input,
report generation and purchase order production. Assists in work order system data input
relating to equipment repair and inventory.

10% Deliveries. Picks up parts from various vendors and delivers pa1ts as needed to various
work locations within the County.

Page 1 of3
Shawnee County Position Description
Inventory Specialist (PW1030)

KNOWLEDGE, ABILITIES AND SKILLS

Knowledge of:
• Inventory control techniques and practices.
• Microsoft Office software.
• Vehicle and machinery parts.

Ability to:
• Understand and cany out oral and written instructions.
• Learn operation of computer software including work order system.
• Record inventory for work orders.
• Complete repair orders for vehicles and equipment.
• Maintain stock for equipment and vehicle repair parts.
• Lift up to fifty (50) pounds.
• Communicate effectively, both orally and in writing, using the English language.

PHYSICAL REQUIREMENTS

N-Never 0-0ccasional (1 %-33%) F -Frequent (34 %-66%) C-Continuous (67%-100%)

N 0 F c N 0 F c N 0 F c
HANDS BODY/TRUNK OTHER
Reaching X Sitting X Driving X
Pushing/Pulling X Bending X High Elevation X
Climbing X Reaching X Unprotected Heights X
Throwing X Lifting-50 lbs. X Around Moving Machinery X
ARMS Carrying X Driving Automotive Equipment X
Reaching X Jumping X Exposure to Dust, Gases and Fumes X
Lifting-50 lbs. X Twisting X Cramped Body Position X
Pushing/Pulling X Squatting X Sustained Positions X
Carrying X Turning X Noise Levels (Excessive) X
Throwing X LEGS/FEET Electrical Hazards X
EYES Walking X Slippery Surfaces X
Near Vision X Standing X Work Above Ground X
Far Vision X Sitting X Work Below Ground X
Color Vision X Carrying X Irregular Surfaces X
VOICE Climbing X Moving Objects X
Talking X Jum_Qin_g X In High Volume Traffic X
EARS Turning X Exposure to Marked Changes in ~
4 ~-

-~-- -;-.
- • .•

Hearing X Lifting-50 lbs. X Temperature and Humidity X

EQUIPMENT USED
Personal Computer Calculator Sweep Machine Fork Lift
Printer Truck (Up to 1 Ton) Pallet Lift Hand Tools
Telephone Stearn Cleaner
Photocopier

Page 2 of 3
Shawnee County Position Description
Inventory Specialist (PW1030)

MINIMUM QUALIFICATIONS

High School Diploma or GED Cettificate.

Two (2) years' experience with a Personal Computer including Microsoft Office software.

Valid Driver's License and eligible to operate a County-owned vehicle (HR-2013-2).

Driving record that shows: No misdemeanor or felony convictions for traffic/vehicular offenses
(DUI, vehicular homicide, reckless driving, hit and run, etc.) on the driving record that are less
than five (5) years old; No more than two (2) at fault or chargeable accidents on their driving
record that are less than five (5) years old; No more than two (2) traffic infractions (speeding,
failure to yield right of way, etc.) that are less than one (1) year old.

SPECIAL REQUIREMENTS

Required to pass a pre-employment physical/drug screen and a review of driving record.

Required to lift up to fifty (50) pounds.

This Position Description is not designed to list all tasks and responsibilities of this position.
Shawnee County reserves the right to revise or change job duties as the need may arise. This
Position Description does not constitute a written or implied conh·act of employment.

I have read and understand the duties and requirements for this position.

Employee' s Signature I Printed Name Date

Administering Supervisor's Signature I Printed Name Date

Appointing Authority's Signature I Printed Name Date

Created: 03/06
Revision History: 07/15

Page 3 of 3
 Shawnee County
Information Technology
Room 205, Courthouse
200 SE 7th Street
Topeka,Kansas66603~933

Memorandum
Date: December 16, 2020

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Purchase of Cisco Wireless Access Controller.

The Information Technology department is requesting approval to purchase a Cisco Wireless

Access Controller through Optive utilizing State of Kansas contract pricing (contract number
47376}. The wireless controller is needed to replace an existing controller that has reached the
end of its expected service life. The wireless access controller manages the configuration and
operation of all ofthe wireless access points that are distributed throughout Shawnee County
building locations where wireless network access is required.

Funding to support this purchase, $22,417.69, is included in the Information Technology 2020
budget.

Phone 785-251-4030
 SHAWNEE COUNT)
·coNTRACT 't.S'f.?,.:Lo:J.O
"
OPT IV Quote#: 1512564-1

,.,._ Payment Terms: Net 30

Tax ID: 43-1806449
Internal Reference#: Q-811313
Date: 12/16/2020
From:
Expiration: 1/15/2021
Noland Perrilloux
() 504-906-7318
noland .perrilloux@optiv.com
To:
Shawnee County Info Technology
Client Operations Specialist:
Marc Price
Eric Martin
Chief Network Engineer
(720) 670.7329
200 SE 7TH ST
eric.martin@optiv.com
STE 200
TOPEKA, KS 66603-3933
us Remit Payment:
785-251-6103
PO Box 28216 Network Place
marc.price@snco.us
Chicago, IL 60673-1282

State of Kansas Contract Number 47376

Cisco Systems: CISCO CATALYST 9800-L WIRELESS CONTROLLE C9800- 1.00 USD USD 5,420.91
L-F-K9 5,420.91

2 SNTC-24X7X4 CISCO CATALYST 9800-L WIRELE *36 Months* CON-SNTP- 1.00 USD USD 4,937.59
C9800LFL 4,937.59

3 CISCO C9800 SERIES WIRELESS CONTROLLER U LIC-C9800L- 1.00 USD USD 5,420.91
PERF 5,420.91

4 Cisco Systems: C9800 WIRELESS CONTROLLER RACK MOUNT T RAY C9800L- 1.00 USD 121.97 USD 121 .97
RMNT

5 Wireless Cisco DNA On-Prem Essentiai,3Y Term, PROMO Trk Lie DNA-E- 1.00 USD 81.32 USD 81.32
PROM0-3Y

6 AIRONET DNA ESSENTIALS 3 YEAR TERM LIGEN AIR-DNA- 62.00 USD 103.01 USD 6,386 .62
E-3Y

7 Cisco Systems: PI Dev Lie for Lifecycle & Assurance Term 3Y PI-LFAS- 62.00 USD 0.00 USD 0.00
AP-T-3Y

8 Wireless Cisco DNA On-Prem Essential, 3Y Term , Tracker Lie AIR-DNA- 62.00 USD 0.00 USD 0.00
E-T-3Y

Subtotal: USD 22,369.32

Estimated Tax: USD 0.00
Estimated Shipping: USD 48.37
Grand Total: USD 22,417.69

Sales Quote Terms and Conditions

This Sales Quote and the Client's purchase of the Products listed in this Sales Quote are su bject to and sha ll be governed by (i) the Sales Quote Terms
and Conditions and (ii) the Data Processing Terms and Conditions, both available at http://www.optiv.com/agreements

Optiv Security Inc., 1144 15th Street, Suite 2900, Denver, CO 80202 United States

Page 1 of 2
 Shawnee County
Department of Corrections
501 S.E. 8th Street - Topeka, Kansas 66607

Brian W. Cole, Director

Adult Detention Facility -501 SE 8th - Topeka, Kansas 66607- (785) 251-5000- FAX (785} 251-4924
Youth Detention Facility- 401 SE 8th - Topeka, Kansas 66607- (785) 251-6459- FAX (785} 251 -4963
Corrections Annex - 818 SE Adams - Topeka, Kansas 66607 - (785} 251-5000 - FAX (785} 251-4930

TO: Board of County Commissioners

FROM: Brian Cole, DireCtor JL

DATE: December 15, 2020

SUBJECT: Request the Renewal of the Equipment/Preventative Maintenance

Agreement with Sound Products Inc.

I am requesting approval for a 3-year renewal of the Equipment/Preventative Maintenance

Agreement with Sound Products Inc. This service support will maintain the system and
network controls for the security doors to include the DSX Access Control equipment,
cameras, intercom system , the battery backup equipment, and allow for discounted
technical support costs during nonbusiness hours. This agreement will also ensure a
discounted price for equipment, software, and parts we need to maintain our security
systems.

Based upon our review of the proposals provided to us from another company and Sound
Products, we have decided to stay with Sound Products. Sound Products provided a more
responsive and lower in costs agreement than the other company. Sound Products has
an in depth understanding of our needs concerning our complex systems and has
provided outstanding service support in the past. The cost of this contract is $2,280
monthly, which will be supported through our operational budget. Both Betty Greiner and
Pat Oblander assisted our agency regarding this matter. The contract has been reviewed
by the County Counselor's Office as to form and legality.

Thank you for your consideration of this request, and I will be happy to answer any
questions you may have .

. BWC:ek

cc: Betty Greiner, Director of Administrative Services

James Crowl, County Counselor
Eve Kendall, Deputy Director
File
 'SHAWN C ·§ ·
~tONTRACT ·:w.::::..:~~~

EQUIPMENT/PREVENTATIVE
MAINTENANCE AGREEMENT
sound
products 1506 SW 41st Street Topeka, KS 66609
audio·video-security Topeka (785)228-9669 Fax (7850228-8929 SVC 800-466-3666
Agreement Number 00-0004710-2021MA1
AGREEMENT made this 1"' day of January 2021 between Sound Products, Inc (hereinafter call COMPANY) and Shawnee County Department
of Corrections owner and operator of the Shawnee County Jail located at 200 SE Seventh Street Topeka Kansas 66603 (hereinafter called
SUBSCRIBER). The SUBSCRIBER is a Governmental Agency of the County of Shawnee Kansas. The contact for this AGREEMENT is Eve
Kendall with a Title of Deputy Director email address of eve.kendall@snco.us and telephone number of 785-251-6603.

In consideration of the mutual promises hereto and other good and valuable consideration the receipt of which is hereby
acknowledged, it is agreed as follows:

1. COMPANY hereby agrees to make available to SUBSCRIBER, at the above designated premises the COMPANY PROGRAM SERVICE as it
may from time to time be constituted and at times furnished. SUBSRIBER agrees to and does hereby accept the COMPANY PROGRAM
SERVICE as made available and as it may from time to time be constituted and at times furnished .

2. LOANED EQUIPMENT. It is understood all equipment provided by COMPANY, including but not limited to receivers, sound equipment,
video equipment, CCTV equipment, drive-thru intercom equipment and Service Source Equipment is merely loaned to the Subscriber
(hereinafter "Loaned Equipment"). Ownership and title shall remain at all times in COMPANY. COMPANY is hereby authorized and assured
peaceable entry to SUBSCRIBER's premises to take possession of and remove its LOANED EQUIPMENT wherever it may be found without
liability for damages of any kind arising from said removal and without further notice or legal action of any kind at the termination of the
SERVICE. SUBSCRIBER agrees to retain all said equipment and any additions to or replacements of the same, at said premises, during the
period of this Agreement. In order to enable SUBSCRIBER to receive the COMPANY PROGRAM SERVICE, COMPANY shall furnish for
installation and keep in operating condition for the reception of COMPANY PROGRAMS at the above designated premises COMPANY
loaned equipment as follows: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

3. PAYMENT TERMS. Subscriber agrees to pay in accordance with the established billing frequency (see box below) for the duration of this
Agreement and any extensions thereof, the following charges plus any and all subsequent local, state, federal, personal property taxes and
licensing fees which may hereafter be levied or increased from current levels and required to be paid by COMPANY. Payments are due in
advance on the first day of the calendar month, subject to increases as set in Article 12. Sales tax will be added. SUBSCRIBER to obtain any
necessary landlord or governmental approvals or permits for installation .

EQUIPMENT MAINTENANCE $ 1,520.00

PREVENTATIVE MAINTENANCE $ 760.00

Billing Frequency is: Monthly Number of Visits per Month: 3

Additional Terms and Pricing per Schedule A attached Herein as part of this Agreement

4. TERM/SUBSCRIBER OBLIGATIONS. This Agreement shall become effective on the commencement date hereof and shall remain in effect for a
term of 36 months through and including the 31St day of December 2023. This Agreement shall automatically be renewed and shall remain in
effect for successive 12 month periods unless tenninated by either party at the end of the original term or any renewal tenns by written notice sent
to the other party by registered mail ninety days prior to the expiration thereof. The commencement date of this Agreement shall be the
commencement date written below or the initial date for which COMPANY PROGRAM SERVICE is billed hereunder, whichever is later. (See
reverse side hereof for continuation.)

THIS AGREEMENT IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS
PAGE AND THE SCHEDULES, ADDENDUMS, AMENDMENTS AND EXHIBITS (IF ANY) ATTACHED HERETO , WHICH ARE PART OF
THIS AGREEMENT AS FULLY AND EFFECTUALLY AS IF THEY WERE SET FORTH ABOVE AND ARE INCORPORATED HEREIN BY
REFERENCE.

IN WITNESS WHEREOF, the parties hereto have executed the Agreement as of the Commence Date below:

Commencement Date: _ _ _ _ _ _ __

Company: Sound Products, Inc. Customers Legal Name___________________________

By:_ _ _ _ _ _ _ _ _ _ _ __
By:_,_..,.......,.......,.-:-:------------
Authorized Signature

Print Name and Title Print Name and Title

Updated 12/20
5. TERM/OBLIGATIONS (CONTINUED). SUBSCRIBER acknowledges that COMPANY is committing substantial material and financial resources to provide
equipment, services, and programs described in this Agreement and accordingly agrees that it is obligated to make all payments required under this Agreement
for the entire term and for any renewal term thereof, even if it cancels or terminates this Agreement prior to the expiration of such term. Upon the cancellation or
termination of this Agreement, SUBSCRIBER shall be obligated to continue to make all monthly payments required hereunder or to pay COMPANY as liquidated
damages, a cash lump sum of eighty-five (65) percent of the amount of all unaccrued monthly payments under the original term of the Agreement or the then
current renewal term thereof, said liquidated damages to be in addition to any sums already due for services rendered at or prior to the day of termination. Upon
the termination of this Agreement for any reason or cause whatsoever, SUBSCRIBER shall forthwith surrender to COMPANY all of the said COMPANY
EQUIPMENT. COMPANY shall have to no obligation to repair, replace or otherwise restore the premises to their original condition after such removal. If
SUBSCRIBER fails to permit installation of COMPANY equipment or attempts to remove, sell or encumber in any way of the COMPANY equipment, or vacate or
dispose of the designated premises or discontinue its business there or discontinue COMPANY SERVICE or default in any payment hereunder or violate any
other term or condition of this Agreement, or enter into any arrangement with its creditors , or if any levy or attachment is made or any proceeding in bankruptcy or
insolvency is instituted by or against SUBSCRIBER or its business or property, then and in such event this Agreement may be terminated at the option of
COMPANY, without requirement of any other than informal notice, and SUBSCRIBER agrees to pay the current renewal term hereof, said liquidated damages to
be in addition to any sums already due for services rendered at or prior to the day of breach. All said sums shall bear interest at the highest legal rate from date
of said breach . The right of the COMPANY to collect liquidated damages shall be in addition to the right of the COMPANY to enter any premises where its
equipment is located and to repossess same in the event of default of SUBSCRIBER without due process of Jaw and without any liability arising therefrom.

6. PAYMENT DELINQUENCY. COMPANY may impose a monthly finance charge which will be applied to all past due amounts under this Agreement. Failure to
pay any invoice for such service shall relieve COMPANY of any obligation to provide service without further notice.

7. HOURS OF SERVICE. Installation and Service under this agreement will be provided duri ng the company's designated workday, 6:30a.m. to 5:00p.m. Monday
through Friday, except Legal Holidays at COMPANY's standard hourly rate. All installation and service performed on a day or at a time other than those
previously stated shall be charged to the SUBSCRIBER at COMPANY'S normal after-hours rate.

8. EQUIPMENT MAINTENANCE. When advised of a problem, COMPANY will maintain the Loaned Equipment in satisfactory operating condition at all times during
the term of this Agreement and will be given entry during Subscriber's regular business hours to perform such maintenance. If service is for normal wear and tear
of the Loaned Equipment, service will be provided at no charge. The cost of repairing any damage to or replacing Loaned Equipment, its components parts or
wiring due to any cause whatsoever, except normal wear and tear, shall be paid by the SUBSCRIBER. The cost of repairing or replacing SUBSCRIBER owned
equipment shall be paid by Subscriber, unless equipment maintenance has been included in Sections 3 and 4. In such event COMPANY will maintain
SUBSCRIBER'S equipment through which the PROGRAM SERVICE is provided (except telephone systems) for normal wear and tear as provided herein for
Loaned Equipment, provided however, such maintenance shall not include parts or labor for SUBSCRIBER'S owned equipment. Repair of cut or broken wires is
riot normal wear and tear.

9. POWER OUTLET. SUBSCRIBER MOVING COMPANY'S EQUIPMENT. INSURANCE. SUBSCRIBER agrees to provide a power outlet within six (6) feet of the
COMPANY'S amplifier location. SUBSCRIBER shall not change the location of any COMPANY loaned equipment or make any additions or alterations to it and
shall be fully responsible for the good condition of the same, subject to reasonable use thereof, and shall adequately insure for fire and theft and shall pay all
personal property taxes thereof. If require by COMPANY, SUBSCRIBER agrees to furnish proof that SUBSCRIBER has notified its insurance carrier of its
obligations under this paragraph.

10. LEGAL FEES; APPLICABLE LAW. If it shall become necessary for any reason for COMPANY to require the services of any attorney for collection of any
monies due under and pursuant to the Agreement, then and in that event SUBSCRIBER agrees to pay in addition to all monies due hereunder, a reasonable
attorney's fee and all other court collection expenses awarded by any court before this Agreement shall be pending. It is agreed by the parties that this
Agreement shall be constituted in accordance with the Jaws of the State of Kansas and that any dispute involving the terms of this Agreement shall be determined
in the State or Federal Courts of Kansas.

11. CHANGE OF OWNERSHIP.SUBCONTRACTORS. Sale or transfer by the Subscriber of the premises of the business herein designated shall not affect or
eliminate the obligations of this Agreement unless an equivalent new Agreement be entered into between COMPANY and the PURCHASER or TRANSFERREE.
Upon the sale or transfer by the SUBSCRIBER of the business at the premises herein designated, the SUBSCRIBER shall provide for the assumption by
PURCHASER or TRANSFERREE of all the SUBSCRIBER's obligations herein provided and shall notify the Purchaser or Transferee of all obligations. In the
event that such sale or transfer is affected through escrow, the SUBSCRIBER shall place the wtthin Agreement in escrow in order to ensure the direct assumption
of such obligations by the Purchaser or Transferee. This Agreement may not be assigned by Subscriber without the written consent of COMPANY. However, this
AgreemeJ')t is fully assignable by COMPANY. Subject to the foregoing regarding assignment, this Agreement shall inure to the benefrt and be binding upon the
heirs, executors, administrators, successors, purchasers and assigns of Subscriber. Company may use subcontractors to provide installation, repair or monitoring
services, and this Agreement shall apply to them in the same manner as tt applies to Company.

12. AGREEMENT SERVICE FEE. The Company Service fee covered by this agreement is based upon today's operating costs. Should these costs be increased,
this Agreement service fee is subject to change. In the event that the service fee payable hereunder be increase by COMPANY by more than 3% during any one
(1) year period , the SUBSCRIBER shall have the right, at any time within 10 days after the date upon which written notice of such increased program service fee
was mailed by COMPANY to notify COMPANY by certified mail that SUBSCRIBER elects not to accept said increased Service Fee. Upon receipt of such notice of
election from SUBSCRIBER, COMPANY shall then have the option within 30 days to (1) cancel the increase, (2) negotiate the increase, or (3) notify
SUBSCRIBER of SUBSCRIBER's right to terminate the agreement by giving COMPANY 7 days written notice by certified mail.

13. INTERRUPTION OF SERVICE. In the event that the COMPANY SERVICE is not furnished by COMPANY to SUBSCRIBER due to causes beyond its
reasonable control, including, but not limited to, theft, fire. act of God, public enemy, inj unction, riot , strike, insurrection, war, court order, requisition or order of a
governmental body or authority, shortage of materials, mechanical failure, satellite failures, internet or media streaming failures, phone carrier, phone service, or
SMS software failure, same shall not be deemed to be a breach of Agreement and COMPANY shall not be liable for any loss, damage or delay caused thereby.
COMPANY agrees that if the said SERVICE is not furnished by it to SUBSCRIBER for twenty-four (24) consecutive days and SUBSCRIBER gives COMPANY
notice of such interruption in writing prior to the end of the day during which said interruption commences, COMPANY will credit SUBSCRIBER's account with an
amount equal to one-thirtieth (1/30"') of the monthly SERVICE charge for each consecutive 24 hour period during which such interruption continues, which shall
constitute COMPANY's sole obligation to SUBSCRIBER. Such credit shall not be given if such interruption results from any negligence or other fault of
SUBSCRIBER or from a breach by SUBSCRIBER of any term or condition of this Agreement.

14. ENTIRE AGREEMENT/ENFORCEABILITY. All representations and promises of every kind are merged into this Agreement and its Addendum constttute the
entire and only Agreement between the SUBSCRIBER and COMPANY (all prior agreements, if any between the parties being superseded hereby) and no
modification or failure to enforce any of the provisions thereof shall be valid or deemed a waiver hereof unless made in writing and signed by an officer of
COMPANY. In the event that any provision of this Agreement is found to be unconstitutional or otherwise unenforceable, the remaining provisions shall continue
to be enforceable.

15. INDEMNITY. SUBSCRIBER agrees to indemnify, defend and hold harmless COMPANY from and against any and all claims; losses and lawsuits , including,
without limttation, the payment of all damages, expenses, costs and attorney fees incurred by COMPANY, its employees and agents, (for any patent, copyright,
trademark or trade name infringement claim brought against COMPANY as a result of COMPANY's performance under this Agreement, or for any claims by a
third party against Company for failure of the Equipment or the services rendered hereunder in any respect, alleged to be caused by improper operation of the
Equipment or the system to which it is attached , whether due to malfunctioning or non-functioning of such items, or the negligence, active or passive, of Provider.
Such indemnity shall survive the expiration of the term of this Agreement.

16. LIMITATION OF LAWSUITS. WAIVER OF JURY TRIAL. Both SUBSCRIBER and COMPANY agree that no lawsuit or any other legal proceeding contacted with
this Agreement shall be brought or filed more than one year after the incident giving ri se to the claim occurred. In addition, any such legal proceeding shall not be
heard before a jury. Each party gives up any right to a jury trial.

17. ACCEPTANCE. This Agreement shall not be binding until it has been accepted by the signature of an authorized representative of both parties.
 EQUIPMENT MAINTENANCE SERVICE
AGREEMENT ADDENDUM

1. ADDENDUM- This addendum serves as an addition to the Program Service Agreement and includes terms and conditions that relate
specifically to the Company's equipment maintenance programs. Provisions listed here are part of the Program Service Agreement.
2. PROGRAM OVERVIEW- The purpose of EQUIPMENT MAINTENANCE PROGRAM is to keep the CCTV and Access Control
equipment at a SUBSRIBER'S location in good operating condition . This program provides for the regular schedule maintenance
visits each month to work on work orders provided by the SCDC Maintenance Department for the SUBSCRIBER's security equipment
installed or maintained by COMPANY and listed on SCHEDULE A .
3. GENERAL SCOPE OF COVERAGE- Equipment Maintenance Work Orders, which include labor and travel for scheduled site visits , will
occur per the frequency schedule noted under Section 3. Maintenance shall include (a) all current manufactured equipment, labor
required to repair or replace Equipment which has become defective through normal wear and usage, (b) is intended to keep the
Equipment in, or restore the Equipment to, good working order and (c) perform required firmware and software updates. This service does
not assure against interruptions in operation of the Equipment and all included services covered by this Agreement must occur within the
scheduled time to not incur any additional charges as defined within this Agreement. A written quotation will be provided for any labor,
equipment, repairs or new equipment installation required outside the coverage of the EQUIPMENT MAINTENANCE
AGREEMENT.

4. WRITTEN REPORTS- A written report in the form of a work order will be provided to the SUBSCRIBER following each site visit, indicating the
status, any deficiencies and corrective action taken .

5. TELEPHONE SUPPORT- Telephone support will be available Monday through Friday from 8:30 a.m. to 5:00 p.m. for any maintenance or
service questions. All service calls will be responded to within 4 hours.

6. SERVICE SUPPORT- COMPANY will provide on-site field support (Labor only) as needed. SUBSCRIBER will be provided with
Twenty-Four (24) service site visits per year. The service call cap is set at eight hours per scheduled visit
7. SERVICE PARTS AND EQUIPMENT DISCOUNT- SUBSCRIBER will receive a discount off published Manufacturers list pricing (MSRP)
on all service-related parts and equipment per Schedule A.

8. HOURLY SERVICE LABOR RATE DISCOUNT- SUBSCRIBER will receive a discounted service rate of $95.00 per hour for any service
calls related to systems operation not covered by the agreement or additional hours required during a month exceeding the
scheduled equipment maintenance visits.

9. EQUIPMENT MAINTENANCE/INSURANCE/POWER OUTLET. SUBSCRIBER shall grant to COMPANY service personnel full and free
access to the Equipment listed in Schedule A during SUBSCRIBER's regular business hours to perform such maintenance, subject only to
SUBSCRIBER's security regulations which SUBSCRIBER shall disclose in advance to COMPANY. SUBSCRIBER agrees to (a) prevent
unauthorized adjustment, repair or modification to the Equipment, (b) ensure that the Equipment is utilized in accordance with the applicable
Provider's and/or manufacturer's specifications, and (c) keep all walls , doors, windows or other elements of the Premises as now constructed
(or subsequently altered) maintained in such condition , at SUBSCIBER's expense, as to permit proper operation of the Equipment and the
system to which the Equipment is a part. In order to protect SUBSCRIBER from losses resulting from damage to, or destruction of the
Equipment or any of SUBSCRIBER's systems, SUBSCRIBER shall include the Equipment and such systems in the coverage provided in its
liability and fire insurance policies. The SUBSCRIBER shall, in all cases and at no charge to COMPANY, perform such non-skilled checks and
tests as may reasonably be requested by COMPANY and to notify COMPANY promptly if any of the Equipment fails to properly respond to
any such check or test. These tests shall not require the SUBSCRIBER to furnish specialized equipment. In the event that any of the
Subscriber responsibilities identified in this Section are not fulfilled, Provider shall have the right to immediately withdraw the affected
Equipment from service coverage under this Agreement without affecting the scheduled charges noted on the front of this Agreement.

10. LIMITED WARRANTY AND LIMITATION OF LIABILITY. Company warrants all work performed by Company hereunder against defects in
materials and workmanship for a period of 30 days from the date of performance of such work. THE PARTIES AGREE THAT CUSTOMER'S
SOLE REMEDY FOR BREACH OF SUCH WARRANTY SHALL BE FOR CUSTOMER TO REQUIRE COMPANY TO CORRECT, REPAIR
OR REPLACE ANY WORK BY PROVIDER THAT DOES NOT COMPLY WITH THE FOREGOING WARRANTY. EXCEPT AS EXPRESSLY
PROVIDED IN THIS SECTION 9, COMPANY GIVES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION
WITH SERVICES AND MATERIALS SOLD OR SUPPLIED HEREUNDER. IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER BASED IN TORT OR
CONTRACT, INCLUDING NEGLIGENCE, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OF
EQUIPMENT AND/OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
WHTHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 8, THE PARTIES AGREE (A) THAT BECAUSE (1)
CUSTOMER SHALL OPTAIN INSURANCE AS PROVIDED IN SECTION 10 OF PROGRAM SERVICE AGREEMENT, TOGETHER WITH
SUCH ADDITIONAL INSURANCE AS CUSTOMER SHALL DESIRE, AND (II) THE FEES AND CHARGES PAYABLE UNDER THIS
AGREEMENT BY CUSTOMER TO THE COMPANY ARE
BASED ON THE VALUE OF COMPANY'S SERVICES AND UPON THE LIABILITY LIMITATIONS IN THIS SECTION 9, SUCH FEES AND
CHARGES HAVE NO RELATION TO THE VALUE OF THE EQUIPMENT OR TOANY OTHER EQUIPMENT OR ITEMS AT THE
PREMISES, AND (B) THEREFORE THAT THE MAXIMUM LIABILITY OF PROVIDER HEREUNDER, FOR ANY DAMAGE OR LOSS,
WHETHER TO PERSON, PROPERTY OR OTHERWISE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY
CUSTOMER TO PROVIDER HEREUNDER.

Subscriber Initials _ _ _ _ __
Company Initials
 PREVENTATIVE EQUIPMENT MAINTENANCE SERVICE
AGREEMENT ADDENDUM

1. ADDENDUM- This addendum serves as an addition to the Program Service Agreement and includes terms and conditions that relate
specifically to the Company's equipment maintenance programs. Provisions listed here are part of the Program Service Agreement.
2. PROGRAM OVERVIEW- The purpose of PREVENTATIVE EQUIPMENT MAINTENANCE PROGRAM is to keep the CCTV and
Access Control equipment at a SUBSRIBER'S location in good operating condition. This program provides for the preventative and
remedial services for the SUBSCRIBER's security equipment installed or maintained by COMPANY and listed on SCHEDULE A.

3. GENERAL SCOPE OF COVERAGE- Preventative Maintenance Inspections, which include labor and travel for periodic site visits, will
occur per the frequency schedule noted under Section 3. This maintenance will include:
a. Exterior cleaning of general dust and dirt from all head-end equipment
b. Cleaning of head-end rack interior
c. Cleaning of field devices as needed
d. Testing for normal function of head-end and user interface equipment
e. Testing for normal function of all field devices
f. Confirm that all existing programming (if applicable) is correct.
g. Perform required firmware and software updates
h. Perform minor repairs (parts not included)
4. WRITTEN REPORTS- A written report will be provided to the SUBSCRIBER following each inspection or service, indicating the status,
any deficiencies and corrective action taken. A written quotation will be provided for any labor, equipment or repairs required outside the
coverage of the PREVENTATIVE MAINTENANCE AGREEMENT.
5. TELEPHONE SUPPORT- Telephone support will be available Monday through Friday from 8:30a.m. to 5:00p.m. for any maintenance
or service questions. All service calls will be responded to within 24 hours.
6. SERVICE SUPPORT- COMPANY will provide on-site field support (Labor only) as needed. SUBSCRIBER will be provided with
Twelve (12) service site visits per year. The service call cap is set at eight hours per scheduled visit
7. EQUIPMENT MAINTENANCE/INSURANCE/POWER OUTLET. SUBSCRIBER shall grant to COMPANY service personnel full and free
access to the Equipment listed in Schedule A during SUBSCRIBER's regular business hours to perform such maintenance, subject only
to SUBSCRIBER's security regulations which SUBSCRIBER shall disclose in advance to COMPANY. SUBSCRIBER agrees to (a)
prevent unauthorized adjustment, repair or modification to the Equipment, (b) ensure that the Equipment is utilized in accordance with the
applicable Provider's and/or manufacturer's specifications, and (c) keep all walls, doors, windows or other elements of the Premises as
now constructed (or subsequently altered) maintained in such condition, at SUBSCIBER's expense, as to permit proper operation of the
Equipment and the system to which the Equipment is a part. In order to protect SUBSCRIBER from losses resulting from damage to, or
destruction of the Equipment or any of SUBSCRIBER's systems, SUBSCRIBER shall include the Equipment and such systems in the
coverage provided in its liability and fire insurance policies. The SUBSCRIBER shall, in all cases and at no charge to COMPANY, perform
such non-skilled checks and tests as may reasonably be requested by COMPANY and to notify COMPANY promptly if any of the
Equipment fails to properly respond to any such check or test. These tests shall not require the SUBSCRIBER to fumish specialized
equipment. In the event that any of the Subscriber responsibilities identified in this Section are not fulfilled, Provider shall have the right to
immediately withdraw the affected Equipment from service coverage under this Agreement without affecting the scheduled charges noted
on the front of this Agreement.
8. EXCLUSIONS. Repair Services necessitate by unauthorized modification and/or repair of the Equipment, or those Repair Services
necessitated by accident, neglect, misuse, failure to follow the manufacturer's published operating specifications or Repair Services
necessitated by other than ordinary use, as determined by Company in its sole discretion, are not covered by this Agreement. Repair
Services provided under this Agreement also do not include:
a. Work or replacement parts made necessary by Customer carelessness, transportation, or by failure of electrical power, air
conditioning or humidity control, or by use of non-recommended supply items or by causes other than ordinary use.
b. Work external to the Equipment listed in Schedule A.
c. Theft, abuse, fire, flood, wind, lightning, unreasonable power surges, or acts of God or public enemy.
d. Relocation of the Equipment.
e. Improper wiring, installation, repair or alteration of Equipment by persons unauthorized by Company.
f. Use of any Equipment for other than the ordinary use for which such Equipment was designed or the purpose for which
Equipment was intended.
g. Failure to provide a suitable operating environment as prescribed by Company or by Equipment manufacturer, including,
without limitation, with respect to electrical power, air conditioning and humidity control.
h. Where telephone lines and service contract equipment are used in conjunction with the Equipment, Company has no
responsibility for such telephone lines or such service contract equipment.
9. LIMITED WARRANTY AND LIMITATION OF LIABILITY. Company warrants all work performed by Company hereunder against defects
in materials and workmanship for a period of 30 days from the date of performance of such work. THE PARTIES AGREE THAT
CUSTOMER'S SOLE REMEDY FOR BREACH OF SUCH WARRANTY SHALL BE FOR CUSTOMER TO REQUIRE COMPANY TO
CORRECT, REPAIR OR REPLACE ANY WORK BY PROVIDER THAT DOES NOT COMPLY WITH THE FOREGOING WARRANTY.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 9, COMPANY GIVES NO REPRESENTATION OR WARRANTY, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, IN CONNECTION WITH SERVICES AND MATERIALS SOLD OR SUPPLIED HEREUNDER. IN NO EVENT
SHALL COMPANY BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
OTHER DAMAGES, WHETHER BASED IN TORT OR CONTRACT, INCLUDING NEGLIGENCE, ARISING OUT OF, OR IN
CONNECTION WITH THIS AGREEMENT, THE OPERATION OF EQUIPMENT AND/OR SERVICES, EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. WHTHOUT LIMITING THE FOREGOING PROVISIONS OF THIS
SECTION 9, THE PARTIES AGREE (A) THAT BECAUSE (1) CUSTOMER SHALL OPTAIN INSURANCE AS PROVIDED IN SECTION
10 OF PROGRAM SERVICE AGREEMENT, TOGETHER WITH SUCH ADDITIONAL INSURANCE AS CUSTOMER SHALL DESIRE,
AND (II) THE FEES AND CHARGES PAYABLE UNDER THIS AGREEMENT BY CUSTOMER TO THE COMPANY ARE BASED ON
THE VALUE OF COMPANY'S SERVICES AND UPON THE LIABILITY LIMITATIONS IN THIS SECTION 9, SUCH FEES AND
CHARGES HAVE NO RELATION TO THE VALUE OF THE EQUIPMENT OR TOANY OTHER EQUIPMENT OR ITEMS AT THE
PREMISES, AND (B) THEREFORE THAT THE MAXIMUM LIABILITY OF PROVIDER HEREUNDER, FOR ANY DAMAGE OR LOSS,
WHETHER TO PERSON, PROPERTY OR OTHERWISE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY CUSTOMER
TO PROVIDER HEREUNDER.
Subscriber I n i t i a l s - - - - - -
Company Initials

Sound Products, Inc.
SCHEDULE A
EQUIPMENT MAINTENANCE AGREEMENT
Effective January 1, 2021
Shawnee County Department of Corrections
Agreement Number 00-0004 71 0-2021 MA 1

Hourly Charges: Work beginning after 6:00 pm $ 100.00 per hour

Weekend work $ 125.00 per hour
Federal Holidays $ 150.00 per hour

Response Time: Sound Products office is available 24 hours per day 7 days per week by telephone. After normal
business hours our telephone system will forward the caller to a live operator who is in contact with our
service staff afterhours. Our technicians will call you back within an appropriate time to attempt to
resolve issues via the telephone first. Sound Products is committed to responding to all on-site
emergency service call within 24 hours of the service call being placed . The exception to this policy will
be if the next available service time falls on a weekend and the Customer does not authorize the
additional cost, then the service will be performed during regular business hours the next available
business day. If for some reason the appropriate staff is not available to respond within 24 hours to the
service call, Sound Products will contact the Customer to arrange a solution and establish an available
date and time in which the service call will be completed.

Systems Covered: CTI Door Control Systems including PLC's

CTIIntercom System Equipment (Dukane, Bogen and Harding)
CTI Work Officers Stations
DSX Access Control Equipment
Avigilon HD Camera Systems and Software
Avigilon Workstations and Software
Pelco Analog Camera Equipment (now owned by Avigilon)
Digital Watchdog Analog/IP Camera Equipment
APC Battery Backup Equipment
Installed CCTV and Intercom wiring and fiber equipment
All Security Systems Related Network Infrastructure

18% discount off published List Price/MSRP on Avigilon and DSX Equipment, Software and Parts.
20% discount off published List Price/MSRP on CTI, APC and Pelco Equipment, Software and Parts.
25% discount off published List Price/MSRP on Digital Watchdog, Networking, Wire and other Infrastructure Equipment.

Term: The SUBSCRIBER can cancel this Agreement on the Annual Renewal date in any given year.
SUBSCRIBER has the right to cancel this Agreement at any time if Sound Products has a substantial
change in personnel that are assigned and experienced with maintaining equipment at the property or
the relationship manager for the Agreement.

Sole Source: The SUBSCRIBER has selected Sound Products based on negotiated pricing and trained personnel
with over 30 years of experience with providing systems services to the Shawnee County Correction
facility . The COMPANY and its personnel provide unique capabilities with the integration of disparate
systems that cannot be found currently under any other contractor in the marketplace. The systems
integration at the SUBSCRIBER facility has existing complex equipment and the sole source designation
will allow for quick response times, administrative efficiency, cost reduction, knowledge utilization and
procurement expediency.
 During the term of this Agreement the COMPANY shall hold sole source status for all listed equipment
purchases, equipment replacement and software upgrades for all remodeling, new construction projects
and systems upgrade projects on all properties managed by the Shawnee County Department of
Corrections including equipment and preventative maintenance as provide for by this Agreement. No
other entity besides the COMPANY or in some unique circumstances the SUBSCRIBER (with
agreement from COMPANY) shall provide equipment under this Agreement.

NON-APPROPRIATION OF FUNDS. You intend to remit all payments to us for the full Term if funds are legally available.
You agree to do all things within your power to obtain and maintain funds from which the payment may be paid, including
making provisions for such payments to the extent necessary in each annual budget submitted and adopted in accordance
with applicable provisions of the laws of the State, to have such portion of the budget approved and to exhaust all available
review and appeals in the event such portion of the budget is not approved. You are, however, only obligated to pay rent
under this Lease in fiscal years in which funds have been appropriated. In the event your governing body does not
appropriate funds at any time during the Term for the Equipment or Services subject to this Agreement or for Equipment or
Services which are functionally similar to the Equipment or Services and operating funds are not otherwise available to you
to pay the payments due and to become due under this Lease, and there is no other legal procedure or available funds by or
with which payment can be made to us, you may terminate this Agreement on the last day of the fiscal period for which funds
were appropriated, and all obligations to make payments shall terminate at the end of such fiscal period except as to the
portion of payment for which funds shall have been appropriated and budgeted. This is providing that if you have Equipment
that needs to be returned and you have not delivered possession of the Equipment to us and conveyed the Equipment or
released your interest in the Equipment by the last day of the fiscal period , the termination will nevertheless be effective but
you will be responsible for the payment of damages in an amount equal to the amount of the payment thereafter coming due
which is attributable to the number of days after such fiscal period during which you fail to take such action, and for any other
loss we may have suffered as a result of your failure to take such actions as required .

In the event of a non-appropriation of funds, at least sixty (60) days prior to the end of your fiscal year, your chief executive
officer (or legal counsel) shall certify in writing that (a) funds have not been appropriated for the fiscal period, (b) you have
done all things within your power to obtain and maintain funds from which the payment may be paid and (c) you have
exhausted all funds legally available for the payment. To the extent permitted by law, if you terminate this Agreement
because of non-appropriation of funds, you may not purchase, lease or rent Equipment or procure Services performing
functions similar to those performed by the Equipment or similar Services for a period of twelve (12) months. This Section 4
shall not permit you to terminate this Agreement in order to acquire any other Equipment or Services or to allocate funds
directly or indirectly to perform essentially the application for which the Equipment or Services is intended.

This Schedule A is additive and/or supersedes any conflicting language in the Master Agreement.

Company: Sound Products, Inc. Customer: Shawnee County Department of Corrections

By: _____________________________________
By: __~-------------------------­
Sound Products Authorized Signature Authorized Signature

Monty Ehrlich. Account Manager Eve Kendall. Deputy Director

Shawnee 1~ounty ".', r!;
P.8fKS+ -!
recreation I I

November 10,2020

TO: Board of County Commissioners

Shawnee County

FROM: Tim Laurent, Director

Parks + Recreation 7[-
RE: Cartegraph Systems LLC Software Renewal Agreement

Purpose: Board of Commissioners approval is requested on the attached agreement with .

Cartegraph Systems LLC for continued use of their OMS software. The annual cost will be split
between Parks+ Recreation (70%), Public Works (15%) and Solid Waste (15%) throughout the
term ofthe agreement. The first year's expenses total $100,731.36, with a 3% increase annually
for years two and three. Parks + Recreation's pmt ion will be funded through its operating
budget.

Justification: Use of the OMS system has resulted in a significaiJ.t impact and savings on asset
and operations management for Shawnee County. Renewal of this agreement allows for an
extension of those benefits while also continuing public service and reporting via SeeClickFix.

Staffworked with the directors ofPublic Works and Solid Waste to determine each depmiment's
responsible percentage based on usage, number of users and growth in the future.

TL/jpl
LK

parks.snco.us

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

DocuSign Envelope ID: 01 D80203-BD40-40B9-80BE-D46EA99A9176 SHAWNEE COUN-a
CONTRACT i:_G/<f§S}>~

Cartegraph

Shawnee County

Cartegraph Software
and Services Contract
PA#:
PA-3528
Date:
10/26/2020

Cartegraph Systems LLC

3600 Digital Drive
Dubuque, lA 52003

cartegraph .com

800 688.2656
563 556.8120
Fax 563 556.8149
DocuSign Envelope 10: 01 080203-BD40-4089-80BE-D46EA99A9176

Shawnee County, KS I 1 0/26/2020

Cartegraph

Purchase Agreement
Cartegraph is pleased to present this Purchase Agreement for the implementation of world class
technology solutions. This Purchase Agreement is made and entered into between Shawnee
County (hereinafter referred to as Customer) and Cartegraph Systems LLC (hereinafter referred
to as Cartegraph). In the case that any terms or conditions provided in the Cartegraph Solutions
Agreement different from, are provided in more detail by, or are made irrelevant by the terms and
conditions provided in this Purchase Agreement, the terms in this Purchase Agreement shall control.
For all terms and conditLons not addressed by this Purchase Agreement, the Cartegraph Solutions
Agreement shall control.

CUSTOMER ADDRESS: LICENSEE ADDRESS:

Shawnee County Shawnee County
1515 NW Saline 1515 NW Saline
Topeka,KS Topeka,KS
66618 66618

Investment Summary
The addendums attached here to include:
Addendum A- Support Services

Page 2 of 8
DocuSign Envelope 10: 01 D80203-BD40-40B9-80BE-D46EA99A9176

Shawnee County, KS I 1 0/26/2020

Cartegraph

Product Year1 Year2 Year3

OMS Premium Quantity 1.00 1.00 1.00
Price USD 21 ,879.44 USD 22,535.82 USD 23,211.89
Facilities Quantity 1.00 1.00 1.00
Price USD 5,586 .24 USD 5,753 .83 USD 5,926.44
Parks & Quantity 1.00 1.00 1.00
Recreation
Domain
Price USD 2,327.60 USD 2,397.43 USD 2,469.35
Storm water Quantity 1.00 1.00 1.00
Domain
Price USD 5,586.24 USD 5,753 .83 USD 5,926.44
Walkability Quantity 1.00 1.00 1.00
Domain
Price USD 1,396.56 USD 1,438.46 USD 1,481.61
OMS User Quantity 100.00 100.00 100.00
Price USD 24,000.00 USD 24,720.00 USD 25,461.60
Sanitary Sewer Quantity 1.00 1.00 1.00
Domain

Price USD 5,586 .24 USD 5,753.83 USD 5,926.44

Signal Domain Quantity 1.00 1.00 1.00
Price USD 2,793.12 USD 2,876.91 USD 2,963.22
Transportation Quantity 1.00 1.00 1.00
Domain
Price USD 4,189.68 USD 4,315.37 USD 4,444.83
Water Distribution Quantity 1.00 1.00 1.00
Domain
Price USD 5,586.24 USD 5,753.83 USD 5,926.44

Page 3 of 8
DocuSign Envelope 10: 01080203-BD40-4089-808E-D46EA99A9176

Shawnee County, KS I 10/26/2020

Cartegraph

Product Year1 Year2 Year3

SCF County Quantity 1.00 1.00 1.00
150,000- 249,999
(includes 60 SCF
users)
Price USD 21,800.00 USD 22,454.00 USD 23,127.62
TOTAL: USD 1 00,731.36 USD 103,753.31 USD 1 06,865.88

NOTES:
The pricing listed above does not include applicable sales tax.
The Cartegraph OMS pricing listed above does not include Esri ArcGIS licenses.
Hosting includes 250GB of available file storage. If additional storage is required, the
Organization can purchase in 1TB increments.
Contract term dates
12/1/2020 - 11/30/2023

Page 4 of 8
DocuSign Envelope 10: 01 080203-BD40-40B9-80BE-D46EA99A9176

Shawnee County, KS I 1 0/26/2020

Cartegraph

Payment Terms and Conditions

In consideration for the Solutions and Services provided by Cartegraph to Customer, Customer agrees
to pay Cartegraph the Fees in U.S. Dollars as described below:

I. DELIVERY
Customer shall be provided with the ability to access and use the Solutions upon execution of this
Purchase Agreement. If applicable, Services will be scheduled and delivered upon your acceptance of
this Purchase Agreement, which will be considered as your notification to proceed .

II. SERVICES SCHEDULING

If Services are purchased Customer agrees to work with Cartegraph to schedule Services in a timely
manner. All undelivered Services shall expire 365 days from the signing of this Purchase Agreement.

Ill. SOLUTIONS INVOICING

The fee for solutions will be due in annual installments 15 days prior to the anniversary of the initial
term as follows:
1. $1 00,791.36 due upon execution of the Purchase Agreement.
2. $1 03,753.31 due 15 days prior to 1st year anniversary of term start date.
3. $1 06,865.88 due 15 days prior to 2nd year anniversary of term start date.

IV. PAYMENT TERMS

All payments are due Net 30 days from start date of invoice.

Page 5 of 8
DocuSign Envelope 10: 01 D80203-BD40-40B9-80BE-D46EA99A9176

Shawnee County, KS I 1 0/26/2020

Cartegraph

BY SIGNING BELOW, THE PARTIES AGREE THAT ALL USE AND ACCESS TO THE SOLUTIONS
DESCRIBED IN THIS PURCHASE AGREEMENT SHALL BE GOVERNED BY THE CARTEGRAPH
SOLUTIONS AGREEMENT, WHICH CAN BE REVIEWED AT: https://www.cartegraph.com/solutions-
agreement. THE PARTIES AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE
CARTEGRAPH SOLUTIONS AGREEMENT AND THIS PURCHASE AGREEMENT REFERENCED HEREIN.

CARTE GRAPH: CUSTOMER:

CarteP7~
. s. LLC Shawnee County

By:~~~ By:
43YC3AS3CS32492... (Signature) ----------~=-~~-----------
(Signature)

Mitch Bradley
(Type or Print Name) (Type or Print Name)

Title: SVP of Sales & Marketing Title:

----------------------~----- -----------------------------
Date: 10/27/2020 I 2:16 PM coT Date:

Page 6 of 8
DocuSign Envelope 10: 01 D80203-BD40-4089-808E-D46EA99A9176

Shawnee County, KS I 1 0/26/2020

Cartegraph

Cartegraph Systems LLC

Addendum A - Support Services
Cartegraph Support and Training Services - Scope of Work
The Support Services listed in the Investment Summary of the Purchase Agreement are specific
Cartegraph Services which will be delivered to the Customer based on the descriptions below and on
the terms and conditions and subject to the limitations set forth in this Addendum A, the applicable
Purchase Agreement, and the Cartegraph Solutions Agreement. Cartegraph will coordinate with the
Customer on service delivery expectations and timeframes. ·
As part of Customer~ subscription to access and use of the Cartegraph Solutions/ Customer will
receive:
1. Support Services
a. Campus- www.campus.cartegraph.com-
Our User Assistance area is a convenient and easily-shareable resource designed to help you and your co-
workers better understand the functions and capabilities of your Cartegraph Solutions. Instantly access user
tips, step-by-step instructions, videos, and more.
b. Dedicated/ Unlimited1 Toll-free Phone Support- 877.647.3050 and Live Chat
When questions need answers and difficulties arise, count on our industry-leading Support team to provide the
guidance and assistance you need. Reach us as often as you need Monday-Friday, 7:00am-7:00pm CT. Live
Chat is available within the product or through.Campus.
c. Support via Case Submittal or Email
If a phone call or live chat is not your best option, you can always request support via our online case submittal
form available in Campus or via email. Email support is available at support@cartegraph.com.
2. Training & Education Services
a. Convenient Online Resources:
All the information you need, one click away. Take advantage of online training opportunities, tutorial videos,
upcoming event information, and more.
b. Customer Led User Groups
: Meet and network with similar Cartegraph users in your region. Customer led User Groups allow you to find out
what other organizations are doing to get more from their Cartegraph solutions and services.
3. Releases & Upgrades
a. New Releases:
Cartegraph is continuously innovating and enhancing the Cartegraph OMS collection of products. As a customer
with an active subscription, you will receive each new release of the software.
i. Cloud-hosted customers: Your cloud-hosted site will be upgraded by our Cartegraph System Consultants after
the release is available.
ii.

On-premise customers: For your on-premises installation, our Technical Consultants will work with your
organization's IT staff to deliver the latest software release. Software will be made available after installation to
the Cartegraph cloud-hosted customers.
b. Service Packs:
A Service Pack consists of lower-severity bug fixes and/or small platform updates.
i.

If required, cloud-hosted sites will receive Service Packs as needed. These Service Packs are installed by the
Cartegraph System Consultants.

Page 7 of 8
DocuSign Envelope 10: 01 D80203-BD40-4089-80BE-D46EA99A9176

Shawnee County, KS I 1 0/26/2020

Cartegraph

ii. On-premises customers that contacted Cartegraph Technical Support about an issue that is resolved with the
Service Pack, will be provided th~ serviCe pack for installation. These on-premises customers can then schedule
a time to install the Service Pack with our Technical Support t eam
c. Hot Fixes:
If an issue is determined to be a defect and falls outside the standard release cycle, Cartegraph will issue a hot
fix and provide application specialists with detailed levels of product knowledge to work with you in achieving a
timely and effective resolution

Cartegraph will provide the Support Services only to Customer, provided that Cartegraph reserves the right to
contact any third party as necessary to facilitate the delivery of Support Services or other services relating to
the Solutions. Said support applies only to the most current version of the product and the previous version in
succession.
All Support Services are dependent upon the use by Customer of the Solutions in accordance with Cartegraph's
documentation and specifications. Cartegraph is under no obligation to modify the Solutions so that the
modified Solutions would depart from Cartegraph's published documentation and specifications for such
Solutions.

Page 8 of 8
Kelly, Linda

To: Lehman, Josh

Subject: FW: Completed: Please DocuSign: PA3528 Shawnee County-KS 3 year renewal10 .26.2020.pdf

From: Brzon, Jonathan

Sent: Tuesday, October 27, 2020 5:10PM
To: Lehman, Josh
Cc: Toby, Brian; Kelly, Linda
Subject: Re: Completed: Please DocuSign: PA3528 Shawnee County-KS 3 year renewal10.26.2020 .pdf

Ok thanks. With a signed CPA from the vendor the renewal contract is approved as to form and legality.

JCB

Sent from my iPhone

1
DocuSign Envelope ID: F8304A99-BFA7-4EFO-B78B-OB98ASFA5628
Rev. 10/2019
ATTACHMENT TO
SHAWNEE COUNTY CONTRACT C '=ICZC, -;:lo:(O
CONTRACTUAL PROVISIONS ATTACHMENT
The undersigned parties agree that the following provisions are hereby
incorporated into the contract to which it is attached and made a part thereof,
said contract being dated the _ _ _ day of 20_ _.
I. TERMS HEREIN CONTROLLING PROVISIONS. It is expressly agreed
that the terms of each and every provision in this attachment shall
prevail and control over the terms of any other conflicting provision in
any other document relating to and a part of the contract in which this
attachment is incorporated.
2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the
undersigned that all disputes and matters whatsoever arising under, in
connection with or incident to this contract shall be litigated, if at all, in
and before a Court located in the State of Kansas, U.S.A., to the
exclusion of the Courts of any other states or country. All contractual
agreements shall be subject to, governed by, and construed according to
the laws of the State ofKansas.
3. 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.
4. DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any
department thereof shall hold harmless or indemnify any contractor for
any liability whatsoever.
5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply
with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.)
and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-
1111 et seq.) and the applicable provisions of the Americans With
Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not
discriminate against any person because of race, religion, color, sex,
disability, national origin or ancestry, or age in the admission of access
to or treatment ·o r employment in, its programs or activities; (b) to
include in all solicitations or advertisements for employees, the phrase
"equal opportunity employer"; (c) to comply with the reporting
requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to
include those provisions in every subcontract or purchase order so that
they are binding upon such subcontractor or vendor; (e) that a failure to
comply with the reporting requirements of (c) above or if the contractor
is found guilty of any violation of such acts by the Kansas Human
Rights Commission, such violation shall constitute a breach of contract;
(f) if the contracting agency determines that the contractor has violated
applicable provisions of ADA, that violation shall constitute a breach of
contract; (g) if (e) or (f) occurs, the contract may be cancelled,
terminated or suspended in whole or in part by the County.
Parties to this contract understand that subsections (b) through (e) of this
paragraph number 5 are not applicable to a contractor who employs
fewer than four employees or whose contract with the County totals
$5,000 or less during this fiscal year.
6. ACCEPTANCE OF CoNTRACT. This contract shall not be considered
accepted, approved or otherwise effective until the required approvals
and certifications have been given and this is signed by the Board of
County Commissioners ofthe 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. To the extent that the County is exempt
from any federal, state or local taxes, the contractor will not invoice for
such expenses. Any taxes which may be imposed or levied upon the
subject matter of this contract will be invoiced by the contractor and
payable by the county.
10. INSURANCE. The County shall not be required to purchase, any
insurance against loss or damage to any personal property to which this
contract relates, nor shall this contract require the County to establish a
"self-insurance" fund to protect against any such loss or damage.
Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-
6101 et seq.), the vendor or lessor shall bear the risk of any loss or
damage to any personal property to which vendor or lessor.holds title.
I I. AUTOMATED CLEARING HOUSE (ACH). Shawnee County prefers to
pay its vendor invoices via electronic funds transfers through the
automated clearing house (ACH) network. Shawnee County may require
vendors to accept payments via ACH. To initiate payment of invoices,
vendors shall execute the County's standard ACH Vendor Payment
Authorization Agreement. Upon verification of the data provided, the
Payment Authorization Agreement will authorize the County to deposit
payment for services rendered or goods provided directly into vendor
accounts with fmancial institutions. All payments shall be made in
United States currency.
6£'J1<1!l0B 111Br04AA ...
y:
National Governments Manager
Title:
ll/10/2020 I 2:34 PM CST
Date:
BOARD OF COUNTY COMMISSIONERS
SHAWNEE COUNTY, KANSAS
William D. Riphahn, Chair
Date:
ATTEST:
Cynthia A. Beck, Shawnee County Clerk
Kelly, Linda

From: Brzon, Jonathan

Sent: Monday, November 09,2020 1:17PM
To: Lehman, Josh
Subject: RE: PA3528 Shawnee County-KS 3 year renewal1 0.26.2020.pdf
Attachments: Cartegraph Revised para 9 CONTPROV 2020.doc

The requested change is acceptable. Attached is a revised version of the CPA incorporating their requested change to para. 9.
JCB

From: Lehman, Josh

Sent: Monday, November 09, 2020 12:43 PM
To: Brzon, Jonathan
Subject: FW: PA3528 Shawnee County-KS 3 year renewal10 .26.2020.pdf

Jonathan,
Please see below and attached. Thanks.

Shawnee I ~oun. iy " ' , rt; Josh Lehman

P.arKs+ ·~ Outcomes Program Supervisor

Direct: 785-251-6805 • parks.snco.us
recreation Meet you there!
IJrlCil8
From: Ryan Lucia [mailto:RyanLucia@cartegraph.com]
Sent: Monday, November 09, 2020 12:42 PM
To: Lehman, Josh
Subject: PA3528 Shawnee County-KS 3 year renewal10.26.2020.pdf

Hello Josh,

1
 1~ounty "-', , f;
Shawnee
P.arKs+ ~
recreation
December 14, 2020

TO: Board of Commissioners

Shawnee County

FROM: Tim L. Laurent, Director

Parks + Recreation fl.-
RE: Genesis Health Club Amendment #1 to C21-2018
Park Services Division

Purpose: Board of Commissioners authorization and execution on the attached Amendment # 1 to

C21-2018 between Shawnee County Parks + Recreation and Genesis Health Clubs for the
continuation of managing the Kossover Tennis Center in Felker Park through December 31, 2023.
Expenses of $36,000 annually are available from the Park Services Operations budget.

Justification: The Master Plan guides the department with Partnership Management concerning
contracting management of parklands and facilities such as Genesis Health Clubs offering tennis
camps, lessons, daily play, both youth and adult tournaments including high schools and regional
events. Genesis works in cooperation with Topeka Tennis Association and local schools as well
as the department to meet local tennis interests. Per 4.3 of the Strategic Implementation Action
Plan, all Parties are committed to reviewing measurable outcomes, levels of equity, asset
evaluation and how the management of the facility benefits the participants and public. The
Amendment clarifies current management operations at the site.

Shawnee South Community Park is classified as Federal Lands to Parks (FLP) property acquired
from the Federal Government and governed by the Department of the Interior, National Park
Service. Any incomes from this property are to be used for public park and recreation purposes.

JEK/blt
RL
Attachment(s)

parks.snco.us

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

 SHAWNEE COUNTY CONTRACT NO. C~2020
AMENDMENT #l TO SHAWNEE COUNTY CON1'RACT NO. C21;;.20l8
BETWEEN SHAWNEE COUNTY AND GENESIS HEALTH 1CLUBS
FOR THE MANAGEMENT OF THE KOSSOVER TENNIS COMPLEX.

THIS AMENDMENT is agreed to this 11-hday of December 2020, by and between THE
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SH:AWNEE, KANSAS

("COUNTY"), and GENESIS HEALTHCLUBS ("CONCESSIONAIRE"), referred together

as the ("PARTIES"). The Parties hereby agree as follows:

WHEREAS, in Shawnee County Contract No. C21-2018, the Concessionaire agreed to

provide management services at the Kossover Tennis Complex for the use and benefit of the

general public; and

WHEREAS, the Parties desire to amend Shawnee County Contract No. C21-2018

specifying any new sports and officials as stated.

NOW, THEREFORE, be it resolved that Shawnee County C21-2018 be an1ended as

follows:

1. Shawnee County Contract No. C21-2018 is hereby amended and shall be effective

January l, 2021, through December 31, 2023.

2. As previously agreed upon, this agreement shatrbe provided to and is subject to the

written approval of the Secretary of the Interior or his/her delegated representative,

National Park Service (NPS).

3. In paragraph 7, B., the Concessionaire staffmust be at least 16 years of age.

4. In paragraph 7:B.3., the fall dates ofthe part.:time hours are extended from August 1

through an ending date of October 31 each ,year annually.

 5. In paragraph 1O.B, supplies shall include building operation supplies in which the

County shall reimburse up to $1,000.00 annually and Concessionaire shall continue to

provide invoices to the County documenting purchases.

6. Concessionaire shall agree to the tenus ofthe Topeka Tennis Association and Shawnee

County Memorandum of Understanding C415-2020.

7. FORCE MAJEURE. County reserves the right to postpone any event/activities as

needed due to Covid-19 pandemic restrictions without penalty or loss of any deposits

or funds paid by either party. County shall notify Concessionaire of any such decision

as soon as possible should such efforts be warranted. Furthermore, Concessionaire shall

have an updated emergency operations plan and address prevention strategies meeting

CDC requirements and share such plans with the Department in order to proceed with

the contractual obligations prior to the 2021 season.

8. Except as amended herein, all other tenns and conditions of Shawnee County Contract

C21-20 I 8, as amended, will remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the

day and year first above written.

(Signature Page Follows)

Page 2 of3
 GENESIS HEALTH CLUBS BOARD OF-eOUNTY COMMISSIONERS
SHAWNEE COUNTY, KANSAS

William D. Riphahn, Chair

SHAWNEE COUNTY
PARKS+ RECREATION ATTEST:

Cynthia A. Beck, Shawnee County Clerk

I
i\

I
I
I
I
!

Page3 of3
Toby, Brian

From: Brzon, Jonathan

Sent: Tuesday, December 01, 2020 10:02 AM
To: Toby, Brian
Subject: Re: Amendment 1 to C21-2018.docx

Approved as to form and legality

JCB

On Dec 1, 2020, at 9:56AM, Toby, Brian <Brian.Toby@snco.us> wrote:

JCB,
So how does this read?
Brian
<Amendment 1 to C21-2018.docx>

-\u

1
Shawnee 1~ounty "-', rf;
P.arKs+ -!
recreation
December 15,2020

TO: Board of Commissioners

Shawnee County

FROM: Tim L. Laurent, Director

Parks + Recreation 1L
RE: Design-0-Saur Amendment #2 to C99-2019
Professional Services Division

Purpose: Board of Commissioners execution on the attached Amendment #2 to Contract C99-2019

with Design-0-Saur for continued service with concepts, design and layout ofthe Shawnee County
Parks + Recreation (SCP+R) guide is requested. The services provided include "The Guide"
seasonal catalogs and secondary promotional brochures upon request for 2021. There are sufficient
funds in the Parks+ Recreation Operations Budget not to exceed $5,000 per Guide and $1,500
total for secondary brochures.

Justification: Previously, the Board of Commissioners on February 18,2019, approved Design-0-

Saur as the lowest and most responsive bidder for Request Q#OO 1-19. The contract allows for
extending terms as the vendor and SCP+R have worked well on requested materials. Contracting
services with vendors is a valuable asset in terms of efficiencies resulting in Design-0-Saur
providing the department professional quality results.

TLL/blt
OM
Attachments

parks.snco.us

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

 SHAWNEE COUNTY CONTRACT NO. c-SSQ-2020

AMENDMENT #2 To SHAWNEE COUNTY CONTRACT No. C99-2019

WITH DESIGN-0-SAUR

THIS CONTRACT is agreed to this__1_1_th__day of.__D_e_c_e_m_b_er__:, 2020, by

and between THE BoARD OF CoUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE,
KANSAS (COUNTY), and DESIGN-0-SAUR (CONTRACTOR).

WHEREAS, the parties executed Shawnee County Contract No. C99-2019, hereinafter
referred to as the "Contract" for providing design services and layout of Shawnee County Parks
+ Recreation department catalogs and secondary brochures upon request; and
WHEREAS, the County and the Contractor desire to extend the Contract for an
additional one (1) year; and

NOW, THEREFORE, be it resolved that Shawnee County Contract No. C99-2019 be

amended as follows:

1. The term of Shawnee County Contract C99-2019 is hereby extended through

February 28, 2022.

2. Except as amended, all terms and conditions of Shawnee County Contract No.
C99-2019, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day
and year first above written.

(Signature Page Follows)

1
CONTRACTOR COUNTY
DESIGN-0-SAUR BOARD OF COUNTY COMMISSIONERS
SHAWNEE COUNTY, KANSAS

William D. Riphahn, Chair

Print Name: Jenni Leiste Date: _ _ _ _ _ _ __

Address: PO Box 122

ATTEST:
Baldwin City, KS 66006

Date 12/11/2020
Cynthia A. Beck, Shawnee County Clerk

SHAWNEE COUNTY
PARKS+ RECREATION

2
Toby, Brian

From: Brzon, Jonathan

Sent: Wednesday, December 09, 2020 9:22 AM
To: Toby, Brian
Subject: Re: Amendment Design-0-Saur Leiste 2021 .docx

Approved as to form and legality.

JCB

On Dec 9, 2020, at 8:13AM, Toby, Brian <Brian.Toby@snco.us> wrote:

JCB,
We signed the 2019 Design-0-Saur original contract in Dec. '19 for 2020. Wanting to extend current
agreement through Feb. 2022 in order to cover our 2021 design and layout. Need a review and
approval.

1
Shawnee 1~ounty ' - ' , r!;
P.arKs+ ~
recreation
December 14, 2020

TO: Board of Commissioners

Shawnee County

FROM: Tim L. Laurent, Direc~·

Parks + Recreation -'1 L

RE: Award Bid and Agreement - Ace Electric

Puroose: Board of Commissioners approval is requested to award the bid and execute the
agreement with Ace Electric for the removal of the power poles and installation of new power
lines in Crestview Park. The project will utilize $19,000 from Building Maintenance 3R Funds.

Justification: Board of Commissioners approved the SCP+R project budget on November 2,

2020, for the Crestview power line project. SCP+R recommends Ace Electric as the most
responsive bidder as Ace Electric was the sole bidder on the project. The lone bid came in under
the expected project budget.

TLL/ctc
JB
Attachment

parks.snco.us

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

 SHAWNEE couNTY CONIRACT NO. cSS -2o2o
I
I
INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

This AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS

OF THE COUNTY OF SHAWNEE, KANSAS (County), and ACE ELECTRIC
(Contractor).

1. SERVICES TO BE PERFORMED.

Contractor agrees to perform the following services for County:

Prepare work site and materials to remove existing timber power poles, abandon and remove
existing electrical service, install new electrical service per specifications provided in response
to Request for Proposal #082-20 (attached as "A" and incorporated herein by reference).

This Agreement shall commence on January 4, 2021, and shall end on April4, 2021, unless
this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT.

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

Contractor as follows:

Task Duties Compensation

Provide means necessary to
complete the project (labor,
equipment, supplies,
materials) as specified
~ere in.
repare work site and materials to remove existing Payable upon
imber power poles, abandon and remove existing ubmission of
lectrical service, install new electrical service per invoice:
pecifications provided in response to Request for
roposal #082-20 (attached as "A" and incorporated $19,000.00
erein by reference).

ot included in base bid are the exclusions listed on

id response.

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

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION.

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

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

1
 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 perfonned.
c. Contractor shall not be assigned a work location on County premises, and
Contractor has the right to perfonn 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 perfonn the
services required by this Agreement and Contractor agrees to the faithful
perfonnance and delivery of described services in accordance with the time frames
contained herein; County shall not hire, supervise or pay any assistants to help
Contractor.
g. Neither Contractor nor Contractor's employees or contract personnel shall receive
any training from County in the skills necessary to perfonn the services required
by this Agreement.
h. County shall not require Contractor or Contractor's employees or contact personnel
to devote full time to performing the services required by this Agreement.
Further, Contractor hereby certifies:
i. That Contractor is not an employee of County and thereby Contractor waives any
and all claims to benefits otherwise provided to employees of the County,
including, but not limited to: medical, dental, or other personal insurance,
retirement benefits, unemployment benefits, and liability or worker's
compensation insurance.
j. Contractor must provide Federal Tax or Social Security Number on required Fonn
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. INDEMN!FICATION AND HOLD HARMLESS.

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

5. INSURANCE.

The County shall not be required to purchase, any insurance against loss or damage to any
2
personal property to which this contract relates, nor shall this contract require the County to
establish a "self-insurance" fund to protect against any such loss or damage. Subject to the
provisions ofthe Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the Contractor shall bear
the risk of any loss or damage to any personal property to which Contractor holds title.

6. OWNERSIDP OF PRODUCTS/DOCVMENTS.

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

7. TERMINATION DUE TO LACK OF FVNDING APPROPRIATION.

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

8. ANII-DISCRIMINATION CLAUSE.

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

9. ACCEPTANCE OF CONTRACT.

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.

10. ARBITRATION. DAMAGES. WARRANTIES.

3 \
Notwithstanding any language to the contrary, no interpretation shall be allowed to find the
County has agreed to binding arbitration, or the payment of damages or penalties upon the
occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late
payment charges; and no provisions will be given effect which attempts to exclude, modify,
disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for
a particular purpose.

11. REPRESENTATIVE'S AUTHORITY TO CONTRACT.

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

12. TERMINATION OF AGREEMENT.

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

13. AUTOMATED CLEARING HOUSE CACID.

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

14. FORCE MAJEURE.

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

15. MISCELLANEOUS PROVISIONS.

a. This Agreement shall be entered into in Shawnee County, Kansas, and shall be
construed and interpreted according to the law of the State of Kansas.
b. All notices and other communications in connection with this Agreement shall be
4
 in writing and shall be considered given 3 days after mailing in the United States
mail, using first class mail, postage prepaid, to the recipient's address as stated in
this Agreement.
c. Contractor shall comply with all federal, state and local laws requiring business
permits, certificates and licenses required to carry out the services to be performed
under this Agreement.
d. Contractor may not assign any rights or obligations under this Agreement without
County's prior written approval.
e. This Agreement constitutes the entire agreement between the parties and may only
be modified or extended by a written amendment signed by the parties hereto.
f. The invalidity, illegality, or unenforceability of any provision of this Agreement
or the occurrence of any event rendering any portion or provision of this
Agreement void shall in no way affect the validity or enforceability of any other
portion or provision of this Agreement. Any void provision shall be deemed
severed from this Agreement, and the balance of this Agreement shall be construed
and enforced as if this Agreement did not contain the particular portion or
provision held to be void.
g. Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than County and Contractor.

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

(Signature Page Follows)

5
 COUNTY
SHAWNEE COUNTY BOARD OF COUNTY COMMISSIONERS
PARKS+ RECREATION SHAWNEE COUNTY, KANSAS

William D. Riphahn, Chait·

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

CONTRACTOR-ACEELECTRIC

Print Name:~
Address: 223 SE 53rd Street

City/State/Zip: Topeka, KS 66609

Date; .
/2-//J ,(2020

6
 REQUEST FOR QUOTATION
SUBMIT BID TO
PURCHASING DIVISION
SHAWNEE COUNTY COURTHOUSE
200 SE 7th St, Room 201
Topeka, Kansas 66603

QUOTATION NO. 082-20 VENDOR Ac..e-- Be&nL- 3'-M-eS Co

DATE MAILED 11-24-20 ADDRESS 2-2-'3 S£ ~_;nJ ~ p~~
CLOSING 2:00 P.M. 12-08-20 PHONE 28:0- ~2 -8Zu.:) ~q

THIS IS NOT AN ORDER

1. In communications, always refer to the above quotation number.

2. All prices and conditions must be shown. Additions or conditions not shown on this bid will not be allowed.
3. Shawnee County reserves the right to accept or reject any part of, or all of, any bid or proposal.
4. All prices quoted are to be less Federal Excise Tax and Kansas Sales Tax.
5. Failure to respond to RFQ may result in termination of future mailings.
6. Price quoted shall remain firm for ninety (90) days after bid closing date.

ITEM AND DESCRIPTION

Shawnee County is soliciting sealed bids to remove existing timber power poles,
abandon and remove existing electrical service and run new electrical service to
existing facilities in Crestview Park, 4801 Shunga Dr, per the following minimum
specifications.
Bid results will not be given over the telephone. Bid results will be posted on our
website at our earliest convenience. www.snco.us/purchasing/bid results.asp

NOTE: If yotir company resides in a locale which has a local preference law, please
state what that preference is tJo t-J£-. . If there is no preference in your
locale please answer by stating NONE.

NONDISCRIMINATION: Shawnee County is committed to the concept of equal

employment opportunity. All bidders and contractors are expected to comply with the
provisions ofK.S.A. 44-1030 and 44-1031, copies ofwhich are attached and shall be a
part of this contract and other applicable Federal and Kansas laws governing equal
employment opportunity.
In accordance with K.S.A 44-1030, vendor hereby agrees to the following:
A. He or she will observe the provision of the Kansas Commission on Human
Rights and will not discriminate against any person in the performance of work
under the present contract because of race, religion, color, sex, national origin,
ancestry, or physical disability.

PAGEl
QUOTATION NO. 082-20
DATE MAILED 11-24-20
CLOSING 2:00P.M. 12-08-20

B. In all solicitations or advertisements for employees, he or she will include the

phrase, "Equal Opportunity Employer", or a similar phrase to be approved by
the Kansas Commission on Human Rights
C. If he or she fails to comply with the manner in which he or she will be deemed
to have breached the present contract, and it may be canceled, terminated, or
suspended, in whole or in part, by Shawnee County, Kansas
D. If he or she is found guilty of a violation of the Kansas Act Against Human
Rights under a decision, or order of the Kansas Commission on Human Rights
which has become final, he or she will be deemed to have breached the present
contract, and it may be canceled, terminated, or suspended, in whole or in part,
by Shawnee County, Kansas; and,
E. He or she will include the provisions of subsections (a) through (d) inclusively
of this paragraph in every subcontract or purchase order so that such provision
will be binding upon such subcontractor of vendor.

BID FORMS: Bid forms are to be completed, signed and returned to Shawnee
County Purchasing Department. Bids shall be submitted on or before the date and
time set for closing of bids. Bids must be emailed to SNCOBids@snco.us.

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

CLOSING DATE: Emailed bids will be received until 2:00p.m. CST, on the
scheduled closing date. The email date and time will conclusively determine the time
of receipt. Bids received after the scheduled closing time will not be considered.

MODIFICATION OF BIDS: Bids already submitted may be modified by letter or

emailed to SNCOBids@snco.us, provided that the modification request is received in
the Purchasing Division prior to the time set for closing of bids.

WITHDRAWAL OF BIDS: Bids already submitted may be withdrawn upon proper

identification of bidder and provided request is received prior to time of closing.
Negligence on the part of the bidder in preparing the bid confers no right for the
withdrawal after the time set for closing of bids.

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

letter, telephone or email as soon as possible after bids have been opened, tabulated,
and analyzed.

NOTICE TO UNSUCCESSFUL BIDDERS: Unsuccessful bidders will not be

notified.

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

PAGE2
QUOTATION NO. 082-20
DATE MAILED 11-24-20
CLOSING 2:00P.M. 12-08-20

bidders.
Shawnee County reserves the right to negotiate separately with any vendor after the
opening of this RFQ when such action is considered in its best interest. Subsequent
negotiations may be conducted, but such negotiations will not constitute acceptance,
rejection or a counteroffer on the part of the County.
Shawnee County interprets the term "lowest responsible and best bidder" as requiring
Shawnee county to:
A. Choose between the kinds of materials, goods, wares, or services subject to
the proposal, and
B. Determine which proposal is most suitable for its intended use or purpose.
Shawnee County can consider among other factors such things as labor cost,
service and parts availability and maintenance costs of items upon which
proposals are received. Shawnee County can determine any differences or
variations in the quality or character of the material, goods, wares or services
performed or provided by the respective vendors.
Shawnee County will award the bid, if the successful vendor refuses or fails to make
deliveries of the materials/services within the times specified in the RFQ, purchase
order or contractual agreement. Shawnee County may, by written notice, terminate the
contract OR purchase order. The successful vendor will certifY and warrant that
goods, personal property, chattels, and equipment sold and delivered are free and clear
of any and all liens, or claims of liens, for materials or services arising under, and by
virtue of the provisions ofK.S.A. 58-201, et seq., and any other lien, right, or claim of
any nature or kind whatsoever.
The vendor hereby certifies that he or she has carefully examined all of the documents
for the project, has carefully and thoroughly reviewed this RFQ, understands the
nature and scope of the work to be done; and that this proposal is based upon the
terms, specifications, requirements and conditions of the RFQ, and documents. The
vendor further agrees that the performance time specified is a reasonable time, having
carefully considered the nature and scope for the project as aforesaid.
Shawnee County will use discretion with regards to disclosure of proprietary
information contained in any response, but cannot guarantee the information will not
be made public. As a governmental entity, Shawnee County is subject to making
records available for disclosure pursuant to the Kansas Open Records Act. Any
confidential or proprietary information should be clearly marked.
Shawnee county reserves the right to enter into agreements subject to the provisions of
the Cash Basis Law (K.S.A. 10-1112 and 10-1113), the Budget Law (K.S.A.79-2935).
Agreements shall be construed and interpreted so as to ensure that the County shall at
all times stay in conformity with such laws, and as a condition of agreements the
County reserves the right to unilaterally sever, modify, or terminate agreement at any
time if, in the opinion of its legal counsel, the Agreement may be deemed to violate
the terms of such law.
The vendor certifies that this proposal is submitted without collusion fraud, or
misrepresentation as to other vendors, so that all proposals for the project will result
from free, open, and competitive proposing among all vendors.

PAGE3
QUOTATION NO. 082-20
DATE MAILED 11-24-20
CLOSING 2:00P.M. 12-08-20

This Request for Quotation, resp<mses thereto and any contract documents will be
governed by the law of the State of Kansas. Any dispute arising out of the same will
be litigated only within the courts of the State ofKausas.
Vendor agrees that all data, documents, and infonnation; regardless of form that is
generated as a result of this Request for Quotation are the property of Shawnee
County. The County shall not be liable to reimburse any vendor for the costs of
creating, compiling or delivering the same to the County.

All bids received on or before the specified bid closing time and date shall be properly
recorded on the bid tabulation sheet. Subsequent to the bid opening, all bids shall be
thoroughly evaluated and a determination made as to their compliance with applicable
specifications. The appropriate County department heads and the architect or engineer
as applicable shall make this determination jointly. Upon completion of the above
determination, an analysis of all bids submitted shall be prepared and formally
presented to the Board of County Commissioners for acceptance and approval of the
lowest and/or best bid. The Board of County Commission:ers reserves the right to
accept or reject any and/or all bids and to waive any irregularities or informalities
therein.
Shawnee County is exempt from the payment of Federal and excise taxes and also
from Kansas sales tax.
Vendor credit agreements are prohibited. Unless otherwise stated in this document,
payment will be made from vendor-submitted invoice(s) via ACH transfer, che'ck or
credit card. Shawnee County will not complete any credit application or agree to
credit terms supplied by vendor.
If additional,..inf.or.IBation .is requ]red, please contact · ~ Park Planner/Project
Manager, a ' • . · . · 1-'7 or chris.curtis@snc-o.us.

Michele Hanshaw, Purchasing Specialist

SHOW TERMS OWL. c>A G~'-''flq_+r~ .

DELIVERY WILL BE MADE __...L,0_·u___~J)=G:=:'4<.y..,;,:J~-~--
F.O.B. . rze~b- ~~-

LEGAL NAME Ae-l.- fftc.i'nv SOA.& LD~

ADDRESS 2. '2- 3. 7£ ,s-:3 tti fo(J~ /t§$ G?C.M
. .-;:- /;/

SIGNATURE ~~C:::
PRINTED NAMEffiTLE ~ La.,_3e
PHONE 2$'~ fJl:.>Z ·..-C{U..U ..
EMAIL -f-t ~ ~ o..c.e.. ef€f-..f.rt (__-fey;~, <:.OM

PAGE4
 QUOTATION NO. 082-20
DATE MAILED 11-24-20
CLOSING 2:00P.M. 12-08-20

SCOPE OF WORK:
I

Shawnee County is soliciting sealed bids to remove existing timber power poles, abandon and remove existing
electrical service and run new electrical service to existing facilities in Crestview Park, 4801 SW Shunga Dr, per
the following minimum requirements.

On-site visits are available by appointment a minimum of two (2) days prior to bid closing.

MINIMAL REQUIREMENfS:
Shawnee County P~ks +Recreation is requesting bi?s to ren:ove and dispos.e of ten @ exi~g wo?den power
poles, re-feed electncal power undergrotmd from mam panel m the commuruty center to proVlde serv1ce to the
former bath house and to service th~ ''iilits m'}W~f)arlqn~J()tlea§ff.Q:fttli~enter; run new 200-ainp service from
main line on SW Shunga Dr to the shelter house west of the community center, feed power underground to the
Emergency Management Services severe weather warning indicator and light p<>le in west parking lot.

Removal of Power Poles

1. Coordinate with owner regarding power interruption(s).
2. Obtain all necessary permits required for the project and ensure that aU work meets both Shawnee County
and City of Topeka codes and requirements.
3. Remove and dispos~ of all poles, grounding rods, guy wires and fill all voids to the ground surface.
a. Contractor shall be responsible fol' providing acceptable backfill material. Owner shall be
responsible for re-seeding disturbed areas.

New Power to(Gi!estYl~. .onnnJm . _ .. e 4801 SW Shunga Dr

1. Establish new power from the existing main power box in the community ·center to a new box in the former
bathhouse shower arej!jncluding new wire and conduit.
a A new panel box shall be included in the contractor's proposal.
b.1/Establish power from the new box in the shower area to the light poles outside the center to ~e east,
including those in the parking lot, . 'j · · ,. ·

New Main Power to JiesfYJ(WlSfi'~l!e - 4901 SW Shunga Dr .

1./Trench/bore new 200-amp main power line from SW Shunga Dr to the shelter house near the ball field.
a. Contractor must be ol· must hire a qualified CID contractor to perform this work.
2! New power will run to new transformer (supplied by Evergy).
3.(/In.stall an a?proved pad for transformer, a niet.er rack a~d stnit for a new meter. ~
4: Run condult from new transformer to new meter (supphed by Evergy).
I

General Conditions:
1. Keep premises and surrounding area free from accumulation of waste materials or rubbish caused by
operations.
2. All work shall comply with all applicable codes.

.,
i
 QUOTATION NO. 082-20
DATE MAILED 11-24-20
CLOSING 2:00P.M. 12-08-20

RESPONSES SHOULD INCLUDE:

1. Firm Profile- Briefly describe your firm, indicating its size and years in business.
2. Staff Assignments -Provide vendor contact communications information.
3. Guidelines- Exclusively-selected vendor must comply with all local, state and federal guidelines and
regulations.
4. References- Provide names, addresses, telephone numbers and/or email addresses of appropriate contact
persons for at least three (3) recent clients.
5. Firm's Experience- Describe your firm's experience providing the requested service(s).

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

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

PAGE6
QUOTATION NO. 082~20
DATE MAILED 11-24-20
CLOSING 2:00P.M. 12-08-20

PAGE7
 QUOTATION NO. 082-20
DATE MAILED 11-24-20
CLOSING 2:00P.M. 12-08-20

Item Being Bid TOTAL BID PRICE

CD
Power Pole Removal and New Electrical Connections $ \'f. cx:o.-
1

e-e- r3e&+-,-.,·L-- ~/L~ C'iJ. ll

C MPANY or FIRM NAME t
i
i

PAGES
 QUOTATION NO. 082-20
DATE MAILED 11-24-20
CLOSING 2:00P.M. 12-08-20

44-1030
Mandatory provisions applicable to contracts of the state and other political subdivisions; cancellation, when;
application to subcontract; non-application to certain contract. (a) Except as provided by subsection (c) of this
session, every contract for or on behalf of the state or any county or municipality or other political subdivision of
the state or any agency of or authority created by any ofthe foregoing, for the construction, alteration or repair of
any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain
provisions by which the contractor agrees that:
1. The contractor shall observe the provisions of the Kansas act against discrimination and shall not discriminate
against any person in the performance of work under the present contract because ofrace, religion, color, sex
physical handicap unrelated to such person's ability to engage in the particular work, national origin or
ancestry.
2. In all solicitations or advertisements for employees, the contractor shall include the phrase, "equal opportunity
employer," or a similar phrase to be approved by the commission.
3. If the contractor fails to comply with the manner in which the contractor reports to the commission in
accordance with the provisions ofK.S.A. 44-1032, the contractor shall be deemed to have breached the present
contract and it may be cancelled, terminated or suspended, whole or in part, by the contracting agency
4. If the contractor is found guilty of a violation of the Kansas act against discrimination under a decision or order
of the commission which has become fmal, the contractor shall be deemed to have breached the present
contract and it may be cancelled, terminated or suspended, in whole or in part, by the contracting agency.
5. The contractor shall include the provisions of paragraphs one (1) through four (4) inclusively of this sub-
section (a) in every subcontract or purchase order so that such provisions will be binding upon such
subcontractor or vendor. (b) The Kansas commission on civil rights shall not be prevented hereby from
requiring reports of contractors found to be not in compliance with the Kansas act against discrimination. (c)
The provisions of this section shall not apply to a contract entered into by a contractor: (1) Who employs
fewer than four (4) employees during the term of such contract; or (2) Whose contracts with the governmental !
entity letting such contract cumulatively total five thousand dollars ($5,000) or less during the fiscal year of
such governmental entity.

44-1031. Same; personnel to be used in performing contracts; reports; non-application to certain contractors.
Every person, as defmed in subsection (a) ofK.S.A. 44-1002, who wishes to enter into a contract
which is covered by the provisions ofK.S.A. 44-1030 shall upon request of the commission, inform
I
I

the commission in writing of the manner in which such person shall recruit and screen personnel to
be used in performing the contract. The report shall be made on forms to be supplied by the
commission. The provisions ofK.S.A. 44-1030 and of this section shall not apply to any contractor
who has already complied with the provisions of such sections by reason of holding a contract with
the federal government or a contract involving federal funds. I
I
History: L.1972, ch.184, & 15; L. 1975, ch. 264, & 8; L. 1977, ch. 183, & 2; July 1
I
·J

PAGE9
 ELECTRICAL CONTRACTORS
223 SE 53rd Street • Topeka, KS 66609
(785) 862-8200 Fax (785) 862-1473

December 8, 2020
To: Shawnee County Park & Recreation
Attn.: purchasing
Ref.: Quotation #082-20
Crestview service repair

Scope of work: As followed

1. Remove wood poles and overhead primary electrical equipment
2. Install new lOOarnp 3-phase panel and breakers with aluminum conductors.
3. Refeed exterior lighting from shower house panel.
4. Torgeson trenching to install CID to shelter
8. Evergy to provide new transformer
6. Provide new meter and make connection to existing service panel at shelter.
ESTMATED COST $19,000.00- No sales tax

Excludes: The following

1. Bonds
2. Rock excavation
3. Any repairs beyond scope
4. Land scaping or reseeding
8. Evergy fees
6. Repair to any private unmarked underground utilities

Thanks
Tim Lange - Estimator

223 SOUTHEAST 53rd STREET TOPEKA. KANSAS 66609 (785) 862·8200 FAX (785)862-1473
Toby, Brian

From: Brzon, Jonathan

Sent: Friday, December 11, 2020 6:16PM
To: Toby, Brian
Subject: Re: 082-20 Crestview Power Pole Replacement Bid Results

Approved as to form and legality

JCB

Sent from my iPhone

On Dec 11, 2020, at 6:05 PM, Toby, Brian <Brian.Toby@snco.us> wrote:

JCB,
Need a review and approval on the power pole removal and burying/installation of electrical in
Crestview. Thanks,
Brian

From: Lehman, Josh

Sent: Wednesday, December 09, 2020 4:41 PM
To: Curtis, Chris
Cc: Boyd, John; Laurent, Tim; Kelly, Linda; Toby, Brian
Subject: 082-20 Crestview Power Pole Replacement Bid Results

1
Shawnee 1~ounty <\' ~ rf;
P.arKs+ ~
recreation
December 14, 2020

TO: Board of Commissioners

Shawnee County

FROM: Tim L. Laurent, Director

Parks +Recreation fL
RE: Award Bid and Agreement - Nuco Pump Sales and Service
Park Operations Division- Golf Course

Purpose: Board of Commissioners approval is requested to award the bid and execute the
agreement with Nuco Pump Sales and Service for the alternate selection of the irrigation pump
system replacement at Lake Shawnee. The project will utilize $96,770 from the Golf Revolving
Fund.

Justification: Board of Commissioners approved SCP+R to solicit a request for proposal on

October 29 for the hTigation pump improvements. Four (4) bids were received on December 2,
2020, for the repair/replacement of the golf course irrigation pump system at Lake Shawnee. Nuco
Pump submitted two bids; one involved petforming repairs to the existing system; and an alternate
bid included the replacement of the irrigation system including a control box, new motors, pumps,
va1ves and the addition of variable frequency drives. The new system is warrantied for 2 years.
SCP+R recommends Nuco Pump Sales and Service as the lowest most responsive bidder as shown
below.
Company Total Bid
Clark Well & Equipment $104,960.00
Sargent Drilling $123,581 .30
Nuco Pump Sales $87,908.00
Nuco Pump Sales (altemate) $96,770.00

TLL/ctc
JM
Attachment

parks.snco.us
• 3137 SE 29th Street • Topeka, KS 66605 • (785) 251·6800
 SHAWNEE COUNTY CONTRACT NO. c-.S:S-{_2020

INDEPENDENT CONTRACTOR AGREEMENT FOR GOODS AND SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE

COUNTY OF SHAWNEE, KANSAS (County) and NUCO PUMP SALES AND SERVICE,
LLC (Contractor).

1. GOODS AND SERVICES TO BE PROVIDED.

Contractor agrees to provide the goods and services to the County in accordance with the
with the Contractor's response to Shawnee County RFP# 077-20 (Attached as "A" and
incorporated herein by reference): Prepare the site and provide supplies and materials to
remove old pump station and install a new pump station (RFQ-077-20 Alternate) at the
Lake Shawnee Golf Course per specifications provided in response to Request for Proposal
#077-20.

This Agreement shall commence on December , 2020, and shall end on March 19,
2021, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT.

In consideration of the goods and services to be provided by Contractor, County agrees to

pay Contractor as follows:

Goods and Services to Details Compensation

be Provided

Install new irrigation All goods and services to be provided in Total:

pump station at the accordance with the Contractor's response to $96,770.00
Lake Shawnee Golf Shawnee County RFP# 077-20 (Attached as
Course. "A" and incorporated herein by reference). Payable upon
submission of
Prepare the site, provide supplies and invoice(s).
materials to remove old pump station, deliver
and install a new pump station (077-20
Alternate).

Unless otherwise provided herein, Contractor shall be responsible for all expenses incurred
while performing under this Agreement. This includes equipment; delivery charges;
supplies; telephone expenses; automobile and other travel expenses; meals and
entertainment; insurance premiums; and all salary, expenses and other compensation paid

1
to Contractor's employees or contract personnel Contractor hires to perform under this
Agreement.

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

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

5. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION.

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

or contract personnel are not County employees. Contractor and County agree to the
following rights consistent with an independent Contractor relationship:
a. Contractor has the right to perform services for others during the term of this
Agreement.
b. Contractor has the sole right to control and direct the means, manner and
method by which the services required by this Agreement will be performed.
c. Contractor shall not be assigned a work location on County premises, and
Contractor has the right to perform the services required by this Agreement at
any place, location or time.
d. Contractor will furnish all equipment and materials used to provide the services
required by this Agreement.
e. Contractor has the right to hire assistants as subcontractors, or to use
Contractor's employees to provide the services required by this Agreement.
f. Contractor or Contractor's employees or contract personnel shall perform the
services required by this Agreement and Contractor agrees to the faithful
performance and delivery of described services in accordance with the time
frames contained herein; County shall not hire, supervise or pay any assistants
to help Contractor.
g. Neither Contractor nor Contractor's employees or contract personnel shall
receive any training from County in the skills necessary to perform the services
required by this Agreement.
h. County shall not require Contractor or Contractor's employees or contact
personnel to devote full time to performing the services required by this
Agreement.
Further, Contractor hereby certifies:

2
 1. That Contractor is not an employee of County and thereby Contractor waives
any and all claims to benefits otherwise provided to employees of the County,
including, but not limited to: medical, dental, or other personal insurance,
retirement benefits, unemployment benefits, and liability or worker's
compensation insurance.
J. Contractor must provide Federal Tax or Social Security Number on required
Form W-9.
k. That Contractor understands that he/she is solely responsible, individually for
all taxes and social security payments applicable to money received for services
herein provided. Contractor understands that an IRS Form 1099 will be filed by
the County for all payments received.

6. INDEMNIFICATION AND HOLD HARMLESS.

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

7. INSURANCE.

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

8. OWNERSIDP OF PRODUCTS/DOCUMENTS.

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

9. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION.

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

10. ANTI-DISCRIMINATION CLAUSE.

3
The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A.
44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111
et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C.
12101 et seq.) [ADA] and to not discriminate against any person because 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
advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with
the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include
those provisions in every subcontract or purchase order so that they are binding upon such
subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c)
above or if the Contractor is found guilty of any violation of such acts by the Kansas
Human Rights Commission, such violation shall constitute a breach of contract; (f) if the
contracting agency determines that the Contractor has violated applicable provisions of
ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract
may be cancelled, terminated or suspended in whole or in part by the County. Parties to this
contract understand that subsections (b) through (e) of this paragraph are not applicable to a
Contractor who employs fewer than four employees or whose contract with the County
totals $5,000 or less during this fiscal year.

11. ACCEPTANCE OF CONTRACT.

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

12. ARBITRATION, DAMAGES, WARRANTIES.

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

13. REPRESENTATIVE'S AUTHORITY TO CONTRACT.

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

14. TERMINATION OF AGREEMENT.

This Agreement may be terminated by either party by giving the other party written notice
of the intent to terminate. The notice must specify a date upon which the termination will
be effective, which date may not be less than 7 calendar days from the date of mailing the
notice. Only services satisfactorily performed up to the date of receipt of notice shall be

4
compensated by County and such compensation shall be pursuant to the terms of this
Agreement. Notice shall be deemed received 3 days after mailing in the United States
mail, using first class mail, postage prepaid.

15. AUTOMATED CLEARING HOUSE (ACH).

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

16. FORCE MAJEURE.

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

17. MISCELLANEOUS PROVISIONS.

a. This Agreement shall be entered into in Shawnee County, Kansas, and shall be
construed and interpreted according to the law of the State of Kansas.
b. All notices and other communications in connection with this Agreement shall
be in writing and shall be considered given 3 days after mailing in the United
States mail, using first class mail, postage prepaid, to the recipient's address as
stated in this Agreement.
c. Contractor shall comply with all federal, state and local laws requiring business
permits, certificates and licenses required to carry out this Agreement.
d. Contractor may not assign any rights or obligations under this Agreement
without County's prior written approval.
e. This Agreement, along with the Shawnee County RFP and any other document
specifically referenced in paragraphs 1 and/or 2 constitutes the entire agreement
between the parties and may only be modified or extended by a written
amendment signed by the parties hereto. If there is a conflict between the
documents that make up this Agreement, the documents will control in the
following order: (1) this Agreement, (2) the Shawnee County RFP, (3) any other
document specifically referenced in paragraphs 1 and/or 2.
f. The invalidity, illegality, or unenforceability of any provision of this Agreement
or the occurrence of any event rendering any portion or provision of this
Agreement void shall in no way affect the validity or enforceability of any other

5
 portion or provision of this Agreement. Any void provision shall be deemed
severed from this Agreement, and the balance of this Agreement shall be
construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void.
g. Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than County and Contractor.

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

COUNTY
SHAWNEE COUNTY BOARD OF COUNTY COMMISSIONERS
PARKS+ RECREATION SHAWNEE COUNTY, KANSAS

~~
· Tim L. Laurent, irector William D. Riphahn, Chair
Date: 1:<rhs/~o~o
, Date:
------------------
ATTEST:

Cynthia A. Beck, Shawnee County Clerk

CONTRACTOR-
NUCO PUMP Sales and Service, LLC

Name: Andy Jones

Address: 1308 East St.

Parkville, MO 64152

Date: _ _ _...:::lz.l-!-'}1'5:r-/1An<Jc::..:....::__ _ _ _ _ _ __

6
 Attachment A

'NU£?."1!,~,MP 816-863-7335 www.nucopss.com 1308 East St, Parkville MO, 64152

Bid Proposal #077-20

Shawnee County Purchasing
200 SE 7th St., Room 201
Topeka, KS 66603

Dear Sir/Madam,

We are pleased to submit the attached proposal(s) in response to Shawnee Counties RFQ
#077-20 for Lake Shawnee Golf Course pump station repairs/replacement.

Nuco Pump Sales and Service specializes in golf course irrigation pump stations in MO, KS, lA,
and NE, with two pump station specialist, and one administrative person. Nuco is one year
old. However, that might sound, it's not an indication of our abilities. I (Andy Jones) have been
working on golf course pump stations for 15+ years. I formerly owned and operated Midwest
Pump & Fountain. I've personally worked on the stations at Lake Shawnee GC, Forbes GC, and
Cypress Ridge GC. Jim Carpenter is a 20+ year machinist and outside equipment repair and
industrial maintenance professional.

After careful consideration of the existing pump station and the proposed scope of work, we
will also be including an alternate to this RFQ to include an entire new station. The extent of
repair being requested is approaching the cost of a new factory assembled, tested,
warrantied and technical supported golf course irrigation pump station . The lead time is
longer, but the down time is shorter. A new station can be put in pretty quickly. This station
would be a 2-3 day install.

We are the only pump company in the area that specializes in golf course pump stations. We
sell, install and service pump stations for the golf and turf industry. We don't sell or service any
other products ... justturf pump stations. We an authorized service provider for MCI,
Watertronics, Rain Bird and TSP pump stations.

Thank you for the consideration as well as past and future opportunities.

-Andy Jones

~~~
Nuco Pump Sales and Service, LLC

Nuco Pump Sales and Service I Everything but the water. Page 1 of 2
 References

Scott Johnson - gcs@shadowglen.org

Golf Course Superintendent
Shadow Glen Golf Club
26000 Shadow Glen Drive
Olathe, KS 66061
913-669-0677

Justin Hunt- jhunt@missionhillscc.com

Course Superintendent
Mission Hills Country Club
5400 Mission Drive
Mission Hills, KS 66208
540-520-1286

Steve Wilson- steve@milburn.org

Golf Course Superintendent
Milburn Country Club
7501 W 69th Street
Overland Park, KS 66204
913-207-4038

Jeff White- jwhite@ihcckc.com

Golf Course Superintendent
Indian Hills Country Club
6847 Tomahawk
Mission Hills, KS 66208

Darrin Fuser- super@shawneegolfcc.com

Golf Course Superintendent
Shawnee Golf & Country Club
6400 hedge Lane Terrace
Shawnee, KS 66226
913-522-0966

Kerry Golden
Director of Golf
Shawnee County Parks and Recreation

Nuco Pump Sales and Service I Everything but the water. Page 2 of 2
 REQUEST FOR QUOTATION
SUBMIT BID TO
PURCHASING DIVISION
SHAWNEE COUNTY COURTHOUSE
200 SE 7th St, Room 201
Topeka, Kansas 66603

QUOTATION NO. 077-20 VENDOR Nuco Pump Sales and Service

DATE MAILED 11-04-20 ADDRESS 1308 East St., Parkville, MO 64152

CLOSING 2:00P.M. 12-02-20 PHONE 816-863-7335

~~==~==~---------

THIS IS NOT AN ORDER

1. In communications, always refer to the above quotation number.

2. All prices and conditions must be shown. Additions or conditions not shown on this bid will not be allowed.
3. Shawnee County reserves the right to accept or reject any part of; or all of, any bid or proposal.
4. All prices quoted are to be less Federal Excise Tax and Kansas Sales Tax.
5. Failure to respond to RFQ may result in termination of future mailings.
6. Price quoted shall remain firm for ninety (90) days after bid closing date.

ITEM AND DESCRIPTION

Shawnee County is soliciting sealed bids for the removal and replacement of irrigation
pumps; including all necessary piping and valves and inspection of existing motors at
Lake Shawnee Golf Course for repair/replacement.
Bid results will not be given over the telephone. Bid results will be posted on our
website at our earliest convenience. www.snco.us/purchasing/bid results.asp

NOTE: If your company resides in a locale which has a local preference law, please
state what that preference is None/not applicable • If there is no preference in your
locale please answer by stating NONE.

NONDISCRIMINATION: Shawnee County is committed to the concept of equal

employment opportunity. All bidders and contractors are expected to comply with the
provisions ofK.S.A. 44-1030 and 44-1031, copies ofwhich are attached and shall be a
part of this contract and other applicable Federal and Kansas laws governing equal
employment opportunity.
In accordance with K.S.A 44-1030, vendor hereby agrees to the following:
A. He or she will observe the provision of the Kansas Commission on Human
Rights and will not discriminate against any person in the performance of work
under the present contract because of race, religion, color, sex, national origin,
ancestry, or physical disability.
B. In all solicitations or advertisements for employees, he or she will include the
phrase, "Equal Opportunity Employer", or a similar phrase to be approved by

PAGE 1
QUOTATION NO. 077-20
DATE MAILED 11-04-20
CLOSING 2:00P.M. 12-02-20

the Kansas Commission on Human Rights

C. If he or she fails to comply with the manner in which he or she will be deemed
to have breached the present contract, and it may be canceled, terminated, or
suspended, in whole or in part, by Shawnee County, Kansas
D. If he or she is found guilty of a violation of the Kansas Act Against Human
Rights under a decision, or order of the Kansas Commission on Human Rights
which has become final, he or she will be deemed to have breached the present
contract, and it may be canceled, terminated, or suspended, in whole or in part,
by Shawnee County, Kansas; and,
E. He or she will include the provisions of subsections (a) through (d) inclusively
of this paragraph in every subcontract or purchase order so that such provision
will be binding upon such subcontractor of vendor.

BID FORMS: Bid forms are to be completed, signed and returned to Shawnee
County Purchasing Department. Bids shall be submitted on or before the date and
time set for closing of bids. Bids must be emailed to SNCOBids@snco.us.

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

CLOSING DATE: Sealed and emailed bids will be received until2:00 p.m. CST, on
the scheduled closing date. The email date and time will conclusively determine the
time of receipt. Bids received after the scheduled closing time will not be considered.

MODIFICATION OF BIDS: Bids already submitted may be modified by letter or

emailed to SNCOBids@snco.us, provided that the modification request is received in
the Purchasing Division prior to the time set for closing of bids.

WITHDRAWAL OF BIDS: Bids already submitted may be withdrawn upon proper

identification of bidder and provided request is received prior to time of closing.
Negligence on the part of the bidder in preparing the bid confers no right for the
withdrawal after the time set for closing of bids.

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

letter, telephone or email as soon as possible after bids have been opened, tabulated,
and analyzed.

NOTICE TO UNSUCCESSFUL BIDDERS: Unsuccessful bidders will not be

notified.

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

PAGE2
QUOTATION NO. 077-20
DATE MAILED 11-04-20
CLOSING 2:00P.M. 12-02-20

opening of this RFQ when such action is considered in its best interest. Subsequent
negotiations may be conducted, but such negotiations will not constitute acceptance,
rejection or a counteroffer on the part of the County.
Shawnee County interprets the term "lowest responsible and best bidder" as requiring
Shawnee county to:
A. Choose between the kinds of materials, goods, wares, or services subject to
the proposal, and
B. Determine which proposal is most suitable for its intended use or purpose.
Shawnee County can consider among other factors such things as labor cost,
service and parts availability and maintenance costs of items upon which
proposals are received. Shawnee County can determine any differences or
variations in the quality or character of the material, goods, wares or services
performed or provided by the respective vendors.
Shawnee County will award the bid, if the successful vendor refuses or fails to make
deliveries of the materials/services within the times specified in the RFQ, purchase
order or contractual agreement. Shawnee County may, by written notice, terminate the
contract OR purchase order. The successful vendor will certify and warrant that
goods, personal property, chattels, and equipment sold and delivered are free and clear
of any and all liens, or claims of liens, for materials or services arising under, and by
virtue ofthe provisions ofK.S.A. 58-201, et seq., and any other lien, right, or claim of
any nature or kind whatsoever.
The vendor hereby certifies that he or she has carefully examined all of the documents
for the project, has carefully and thoroughly reviewed this RFQ, understands the
nature and scope of the work to be done; and that this proposal is based upon the
terms, specifications, requirements and conditions of the RFQ, and documents. The
vendor further agrees that the performance time specified is a reasonable time, having
carefully considered the nature and scope for the project as aforesaid. ·
Shawnee County will use discretion with regards to disclosure of proprietary
information contained in any response, but cannot guarantee the information will not
be made public. As a governmental entity, Shawnee County is subject to making
records available for disclosure pursuant to the Kansas Open Records Act. Any
confidential or proprietary information should be clearly marked.
Shawnee county reserves the right to enter into agreements subject to the provisions of
the Cash Basis Law (K.S.A. 10-1112 and 10-1113), the Budget Law (K.S.A.79-2935).
Agreements shall be construed and interpreted so as to ensure that the County shall at
all times stay in conformity with such laws, and as a condition of agreements the
County reserves the right to unilaterally sever, modify, or terminate agreement at any
time if, in the opinion of its legal counsel, the Agreement may be deemed to violate
the terms of such law.
The vendor certifies that this proposal is submitted without collusion fraud, or
misrepresentation as to other vendors, so that all proposals for the project will result
from free, open, and competitive proposing among all vendors.
This Request for Quotation, responses thereto and any contract documents will be

PAGE3
QUOTATION NO. 077-20
DATE MAILED 11-04-20
CLOSING 2:00 P.M. 12-02-20

governed by the law of the State of Kansas. Any dispute arising out of the same will
be litigated only within the courts ofthe State of Kansas.
Vendor agrees that all data, documents, and information, regardless of form that is
generated as a result of this Request for Quotation are the property of Shawnee
County. The County shall not be liable to reimburse any vendor for the costs of
creating, compiling or delivering the same to the County.

All bids received on or before the specified bid closing time and date shall be properly
. recorded on the bid tabulation sheet. Subsequent to the bid opening, all bids shall be
thoroughly evaluated and a determination made as to their compliance with applicable
specifications. The appropriate County department heads and the architect or engineer
as applicable shall make this determination j ointly. Upon completion of the above
determination, an analysis of all bids submitted shall be prepared and formally
presented to the Board of County Commissioners for acceptance and approval of the
lowest and/or best bid. The Board of County Commissioners reserves the right to
accept or reject any and/or all bids and to waive any irregularities or informalities
therein.
If additional information is required, please contact Chris Curtis, Park Planner/Project
Manager, at 785-251-6877 or chris.curtis@snco.us.

Michele Hanshaw, Purchasing Specialist

SHOW TERMS _ __ __ _ _ _ _ __
DELIVERY WILL BE MADE _ _ _ _ _ _ __ _ _
F.O.B. _ _ _ _ __ _ __ _ _ _ __ _ _ __

LEGAL NAME -----------------------------------

ADDRESS -------------------------------------
SIGNATURE _ _ _ _ __ __ __ _ _ _ ____
PRINTED NAME/TITLE ----------------------------
PHONE _ _ _ _ _ __ _ _ __ _ _ _ _ ____
EMAIL_ _ _ _ _ _ _ _ __ __ __ _ _ _ _ ___

PAGE4
 QUOTATION NO. 077-20
DATE MAILED 11-04-20
CLOSING 2:00P.M. 12-02-20

SCOPE OF WORK:

Shawnee County is soliciting sealed bids for the removal and replacement of irrigation pumps; including all
necessary piping and valves and inspection of existing motors at Lake Shawnee Golf Course for
repair/replacement.

On-site visits are available by appointment a minimum of two (2) days prior to bid closing.

MINIMAL REQUIREMENTS:
A. Replacement of two (2) primary pumps.
B. Replacement of column pipe.
C. Rebuilding discharge heads.
D. Replacement of drive shaft-type 15hp pump with a stainless steel submersible pump.
E. Inspection oftwo (2) primary 60hp motors.
1. Proposal shall include all costs associated with removal of motors, transporting them to an
independent firm for inspection and necessary repairs to return them to factory specifications, not to
exceed $2,000.
2. Replacement cost for each motor deemed unrepairable by the independent firm after inspection.
F. Removal of all existing piping, including Cia-Val valve and surge tank.
G. Installation of new piping with a shutoff valve, check valves, flow meters and blow-offvalves.
H. Installation of Variable Frequency Drives (VFD).
I. Installation of a NEMA 1-rated cabinet to house the VFD.
J. Contractor shall obtain all necessary permits required for the project and ensure that all work meets both
Shawnee County and City of Topeka codes and requirements.
K. Contractor shall keep premises and surrounding area free from accumulation of waste materials or rubbish
caused by operations.
L. Upon project completion, Contractor shall remove all waste materials, rubbish, tools, construction
equipment, machinery and surplus materials.
M. Contractor shall notify owner of intent to utilize large machinery and/or equipment on-site during
performance of the work.
a. Owner shall designate and approve ingress and egress for machinery and/or equipment.
N. Contractor shall provide one (1) onsite visit during start-up of the system in the spring.

SPECIFICATIONS
A. Primary pumps shall include a bowl assembly that meets 600 gallons per minute (GPM) at
300' of total dynamic head (TDH) pressure and include new column pipe and a rebuilt
discharge head, including a packing box, sandblasting of existing paint, new epoxy paint and
a stainless-steel filter.
B. Jockey pump replacement shall include a 15hp, 460-volt stainless steel submersible pump
capable of 125 GPM@ 304' TDH and all accompanying pipe, couplings and control cable.
C. VFDs must meet the following specifications:
1. The motor load for the two primary pumps shall be rated at 60HP, 460V, 3 Phase, and 88 amps. The
booster pump shall be rated at 15 HP, 460V, 3 Phase and 21 Amps.
2. MCB 105 relay card with three (3) additional Form C relays for a total of five (5) programmable relays.
3. Include Smartlogic programming to be used for backup, should the system fail.
4. Minimum 5-year onsite warranty.
5. Include Phase protection.
PAGES
 QUOTATION NO. 077-20
DATE MAILED 11-04-20
CLOSING 2:00P.M. 12-02-20

6. Equal to Danfoss Model FC202.

a. Any substitutions must be submitted to project manager for review and approval prior to
submitting bid.
7. VFD installer must be a manufacturer's service provider.
8. Modulated via a pressure (PSI) transducer.
D. Control cabinet must meet the following specifications:
1. Include a Hand-Off-Auto Switch, motor running pilot light, VFD fault light, and a VFD/Bypass selector
switch.
2. Bypass contactor shall have a solid state overload relay.
3. A fused disconnect and three-contactor bypass arrangement.
4. Appropriately-sized and type of forced cooling system per manufacturer recommendations.
5. A mechanical selector switch to utilize between setups that has four (4) positions, including a a pressure
mode, a well-level mode and two additional modes to be determined by owner/operator.
6. Necessary time-delay relays and wiring to control the pre-lubed solenoid valve for priming of the pump
during start up and shut down.
E. Check valve must be a flanged, swing-flex type with AWWA C508 rubber seats mounted in the horizontal
run ofthe discharge piping.
F. Shut-offvalve must be a gate-type valve located inside the pump house.

RESPONSES SHOULD INCLUDE:

1. Firm Profile- Briefly describe your firm, indicating its size and years in business.
2. Staff Assignments - Provide vendor contact communications information.
3. Guidelines -Exclusively-selected vendor must comply with all local, state and federal guidelines and
regulations.
4. References- Provide names, addresses, telephone numbers and/or email addresses of appropriate contact
persons for at least three (3) recent clients.
5. Firm's Experience- Describe your firm's experience with irrigation systems.

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

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

PLEASE NOTE:

We have an email size limit of 35 mb on incoming emails. If your bid is larger than that please send it in two
smaller emails.

PAGE6
 QUOTATION NO. 077-20- Alternate
DATE MAILED 11-04-20
CLOSING 2:00P.M. 12-02-20

Item Being Bid TOTAL BID PRICE

IrrigatioH syst€lm Hpaate New Pump Station $96,770.00

TOTAL BID PRICE (PRINTED) Ninety-six thousand seven hundred and seventy dollars and zero cents

Estimated lead time to begin 8-10 weeks

Estimated total project days 2-3 da s

Nuco Pump Sales and Service, LLC

COMPANY or FIRM NAME

PAGE7
 Nuco Pump Sales and Service
1308 East St.
Parkville, MO 64152
(816) 863-7335
ajones@nucopss. com

Estimate
ADDRESS SHIP TO ESTIMATE 56856
Shawnee County Parks and Recreation - Lake Shawnee Shawnee County Parks and Recreation - Lake Shawnee DATE 12/01/2020
GC GC
4141 Southeast East Edge Road 4141 Southeast East Edge Road
Topeka, KS 66609 Topeka, KS 66609

PO#
RFQ-077-20 Alternate

Pump Station - Remove old pump station 96,770.00 96,770.00T

- Install entire new pump station.

Two 60hp 1800-rpm main vertical turbine pumps each

capable of 600gpm @ 130psi and One 5hp submersible
pressure maintenace pump capable of 30gpm@ 130psi
Total pump length to be 14'-6" from pump skid to th e
bottom of basket strainer.

* National Pump Company 6" Fabricated steel

discharge head with integral air relief
* John Crane 461 0 Mechanical Seals to eliminate water
leaking onto skid and pump house
*National Pump Company Vertical turbin e pumps
* 6" steel channel construction Powder coated top and
bottom
* Underside Continuous deck welding
* Media Blasted to bare metal, primed and Epoxy
Coated station skid and plumbing
* 3" Clayton pressure relief valve with butterfly style
isolation valve.
* Mateo Wheel Operated Butterfly style pump station
isolation valve
* Nibco Groove End Butterfly style individual pump
isolation valves
* Mateo Wafer style silent check valve on each pump
* Hose bib connection for station wash down
* 200 amp main disconnect
* Solid State motor overload protection with phase loss
protection
* Premium grade incoming surge protection
* Panel air conditioner to control panel temperature and
humidity
* Do-More Industrial micro-processor
* Pump control software with SIMPLESENSE
Technology
* Ethernet enabled 7" Color HMI Touchscreen with

Page1 of2
·--------- · -- - - -- - - - - - - - - - -

systems status display and PUMPWATCH for remote

access
* 60 HP Danfoss Varible frequency drive per motor
* Data Industrial 2" Insertion style flow sensor
*Auto alternation of main pumps based on hours of
operation
* Phase loss safety
* Low water safety
* Low discharge pressure safety
* High discharge pressure safety
*High flow (discharge rate) safety
* Motor overload safety
*Total flow accumulator
* Pump motor elapsed time clock
*Factory assembly, testing and calibration prior to
shipment
* PUMPWATCH GATEWAY for remote access to Pump
Station HMI
* 12 Month Data Plan included with purchase of pump
station

Peace of Mind Included with new station purchase

Agreement- 1yr 0.00 O.OOT

Sales
Custom payment options including annual, seasonal or
0.00 O.OOT
monthly payments.

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

SUBTOTAL
96,770.00
TAX
0.00
--- ---- ---- --- --- ----- -- ------ ------- ---- -- ---- -- --- ----- ------- -- --------- -- ---
TOTAL $96,770.00

Accepted By

Accepted Date

Page2of2
Toby, Brian

From: Brzon , Jonathan

Sent: Monday, December 14, 2020 12:31 PM
To: Toby, Brian
Subject: Re: NUCO

Approved as to form and legality.

JCB

On Dec 14, 2020, at 12 :28 PM, Toby, Brian <Brian.Toby@snco.us> wrote:

JCB,
Please review and let me know. Thanks,

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

<image006.png>

<image008.png>

<image01 O.png>

<2020 Revised GOODS AND SERVICES Contract w ACH Provisions.doc>

<Attachment A 077-20 Nuco Pump Sales and Service.pdt>

·1