Monday, October 12, 2015

Transcription

BOARD OF COUNTY COMMISSIONERS AGENDA
MONDAY, OCTOBER 12, 2015, 9:00A.M.
COMMISSION CHAMBERS, ROOM B-11
I.
PROCLAMATIONS/PRESENTATIONS
1.
II.
III.
IV.
Presentation of a check to the Topeka Rescue Mission--Public Works/Solid Waste.
UNFINISHED BUSINESS
CONSENT AGENDA
1.
Acknowledge receipt of communication from Cox Communications regarding channel changes
effective November 18, 2015.
2.
Acknowledge receipt of correspondence from David Harper, Director of the Kansas Division of
Property Valuation indicating that Shawnee County has been determined to be in substantial
compliance.
3.
Consider authorization and execution of Contract C388-2015 with Wells Bridges as Tournament
Director to promote, prepare gym, and coordinate volunteers and officials for the Karate
Spectacular from December 1-31, 2015 at a cost of $9.00 per paid entry fee-Parks and
Recreation.
4.
Acknowledge receipt of Summons in Case No: Wells Fargo Bank National Association vs. Board
of County Commissioners of Shawnee County, Kansas et. al.; Case No. 2015CV696 the Bank of
New York Mellon f/k/a the Bank of New York vs. Board of County Commissioners of Shawnee
County, Kansas; Case No. 2015CV813 Deutsche Bank National Trust Company vs. Board of
County Commissioners of Shawnee County, Kansas et.al.; Case No. 2015CV828 Wells Fargo
Bank, N.A. vs. Board of County Commissioners of Shawnee County, Kansas et. al.; Case No.
2015CV835 U.S. Bank TrustN.A. vs. Board of County Commissioners of Shawnee County,
Kansas et.al.
5.
Consider approval of request for membership in the Topeka Facility Managers Association at a
cost of$75.00 per year-Facilities Maintenance.
NEW BUSINESS
A. COUNTY CLERK- Cynthia Beck
1.
Consider all voucher payments.
2.
Consider correction orders.
B. HEALTH AGENCY-Alice Weingartner/Allison Alejos
1.
Consider authorization and execution of Contract C389-2015 with Stormont-Vail Biomedical
Engineering to renew the contract for medical equipment maintenance and/or repair at a cost of
$55.00 per hour during business hours and $65.00 per hour during non-business hours-CHC.
2.
Consider authorization and execution of Contract C390-2015 with Cascade Health Services, to
continue filling an RN vacancy through December 31,2015 at a rate of$50.95 per hour and not
expected to exceed $23,000.00--CHC.
3.
Consider authorization and execution of Contract C391-2015, amendment to Contract C47-2013
with Celtic Insurance Company/Sunflower State Health, for the purpose of receiving appropriate
reimbursement for Maternal Child Health services-LHD.
C. SHERIFF-Sheriff Jones
1.
Consider authorization and execution of Contract C392--2015 with Watch Systems to renew an
annual subscription for Offender Watch sex offender notification at a cost of $5,000.00 per year
paid from the Offender Registration Fund.
D. PARKS AND RECREATION-John Knight
V.
VI.
1.
Consider authorization and execution of Contract C393-2015, amendment to Contract C202-2015
with Presto-X, to add the Abbott Community Center to the pest control contract at an additional
cost of$35.00 per month.
2.
Consider development of a "Citizen" Advisory/Advocate Board to replace the former Shawnee
County Parks and Recreation Advisory Board.
ADMINISTRATIVE COMMUNICATIONS
EXECUTIVE SESSIONS
,li,arper, Cindy
From:
Sent:
To:
Subject:
nr
Beck, Cyndi
Tuesday, October 06, 2015 11:37 Afvi
Harper, Cindy
FW: Cox Communications - Channel Lineup Change
From: Allen, Lisa (CCI-Central Region) [mailto:[email protected]] On Behalf Of Stamp, Curt (CCI-Central Region)
Sent: Tuesday, October 06, 2015 10:31 AM
Subject: Cox Communications - Channel Lineup Change
Dear Local Franchising Authority,
I am writing to inform you of a channel addition for CableCARD customers without tuning adapters on
Cox's cable system serving communities across Kansas. Effective November 18, 2015, we will be
adding access to Adult PPV channels for CableCARD customers without tuning adapters.
CableCARD customers with tuning adapters already have access to the channels.
We are required by law to notify customers of any changes to our channel lineup. We are meeting
this obligation via a letter with the following message:
Dear Valued Cox Customer,
On November 18, 2015, Cox video customers using a CableCARD without a tuning adapter will have 24!7 access to Adult
Pay-Per-View channels. These channels will be listed in your channel guide. Rescanning your channel lineup may be
required. To order the PPV programming listed, you will need to contact Cox at 1-866-961-0027.
Thank you,
Cox Communications
Please feel free to contact me at 479-717-3747, if you have any questions.
Sincerely,
Curt Stamp
Field Vice President - Government Affairs
Cox Communications Central Region
JS\
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Division Of Property Valuation
Docking State Office Building
915 SW Harrison St., Room 400N
Topeka, KS 66612-1588
... ·. ,.
Kiansas
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phone: 785-296-2365
fax: 785-296-2320
www.ksrevenue.org
Department of Revenue
Nick Jordan, Secretary
David N. Harper, Director
Sam Brownback, Governor
October 6, 2015
Dear County Commissioners:
The statistical and procedural compliance review to determine substantial compliance within the
county appraiser's office pursuant to K.S.A. 79-1445 and Directive #14-046 has been completed.
A minimum of 75 points is required to successfully achieve substantial compliance. Your county
has met the criteria and is determined to be in substantial compliance.
The efforts of your county appraiser and appraisal staff to successfully complete the appraisal
cycle in a satisfactory manner are to be commended. Accurately appraising properties is without
doubt a difficult task and the support of the county commissioners is crucial to the success of the
appraisal effort. Our mutual goal in this process is fair and equal treatment for all taxpayers. I
sincerely appreciate your support as we continue our efforts to achieve and maintain the
objective of taxpayer fairness.
If you have any questions concerning the compliance review, please contact Bob Kent at (785)
296-4104 ([email protected]) or Anna Porter at (785) 296-2365 ([email protected]).
If I can be of any assistance to you, please do not hesitate to ask.
Respectfully,
David N. Harper, Director
Property Valuation Division
DNH/bk
cc: County Appraiser
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recreation
October 6, 2015
TO:
Board of Commissioners
}
Shawnee County
FROM:
John E. Knight, Director
Parks + Recreation
RE:
Service Partners
Recreation Division
Board of Commissioners approval is requested for the attached Independent Contractor
Agreement for Services. Contracts are a valuable tool used by Parks + Recreation to provide
compensation to individuals and/or partners who desire to share their service, skills and talent with
the public as independent contractors.
One of the recommendations of the Master Plan is to develop and review partnerships. The
Master Plan suggested the following approach to organizing the department's partnership
pursuits. The department is now using the following five (5) areas of focus to organize existing
and future partnerships.
Operational Partners: Other entities and organizations that can support the efforts of
Shawnee County Parks + Recreation to maintain facilities and assets, promote amenities and park
usage, support site needs, provide programs and events, and/or maintain the integrity of
natural/cultural resources through in-kind labor, equipment, or materials.
Vendor Partners: Service providers and/or contractors that can gain brand association and
notoriety as a preferred vendor or supporter of Shawnee County Parks + Recreation in exchange
for reduced rates, services, or some other agreed upon benefit.
Service Partners: Are nonprofit organizations and/or friends groups that support the efforts of
the department to provide programs and events, and/or serve specific constituents in the
community collaboratively.
Co-Branding Partners: Are private for-profit organizations that can gain brand association
and notoriety as a supporter of Shawnee County Parks and Recreation in exchange for
sponsorship or co-branded programs, events, marketing and promotional campaigns, and/or
advertising opportunities.
Resource Development Partner: A private, nonprofit organization with the primary purpose to
leverage private sector resources, grants, other public funding opportunities, and resources from
individuals and groups within the community to support the goals and objectives of the department
on mutually agreed strategic initiatives.
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The following contract is an example of a Service Partnership that helps the department meet the
Community Vision for programs and events.
•
Wells Bridges, to promote, prepare gym and coordinate volunteers and officials for the
Karate Spectacular, December 5, 2015, for a fee of $9 per paid entry.
The community's vision for programming is "to reach out to people of all ages too encourage them
to experience parks and recreation facilities through well designed programs that create a lifetime of
memories". To meet this vision, a goal was established to "continue existing core programs of;
preschool-age programs, athletics for youth and adults, youth and adult life skill programs, camps,
wellness and fitness programs, senior programs, aquatic programs, and special events and include
new core programs in outdoor adventure, adaptive recreation and senior services".
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Attachment
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SHAWNEE COUNTY CONTRACT NO. C :!><&1,
-2015
INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES
THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF SHAWNEE, KANSAS (County) and Wells Bridges (Contractor).
1.
SERVICES TO BE PERFORMED
Contractor agrees to perform the following services for County: Karate Spectacular
Tournament Director.
This Agreement shall commence on December 1, 2015, and shall end on December 31,
2015, 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
Tournament Director
Promote, prepare gym, coordinate
volunteer and officials
$ 9 per paid entry fee
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
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.
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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:
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.
4.
INDEMNIFICATION AND HOLD HARMLESS
Contractor shall save, hold harmless, and indemnify County, its officers, agents and
employees, from and against all claims, causes of action, liabilities, expenses and costs,
including reasonable attorneys' fees, for 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
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acts or om1sswns, 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
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.
6.
OWNERSHIP OF PRODUCTSIDOCUMENTS
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 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. Contractor shall have the right, at the end of
such fiscal year, to take possession of any of Contractor's equipment, leased or otherwise,
provided to County under the contract. County will pay to the Contractor all regular
contractual payments incurred through the end of such fiscal year, plus contractual charges
incidental to the return of any such equipment. Upon termination of the agreement by
County, title to and possession of any equipment purchased by the County under the
contract, but not fully paid for, shall revert to Contractor at the end of County's current
fiscal year. The termination of the contract pursuant to this paragraph shall not cause any
penalty to be charged to the County or the Contractor.
8.
ANTI-DISCRIMINATION CLAUSE.
The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A.
44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111
et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C.
12101 et seq.) [ADA] and to not discriminate against any person because of race, religion,
color, sex, disability, national origin or ancestry, or age in the admission of access to or
treatment or employment in, its programs or activities; (b) to include in all solicitations or
advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with
the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include
those provisions in every subcontract or purchase order so that they are binding upon such
subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c)
above or if the Contractor is found guilty of any violation of such acts by the Kansas
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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.
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.
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.
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.
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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.
COUNTY
BOARD OF COUNTY COMMISSIONERS
SHAWNEE COUNTY, KANSAS
_ _ _ _ _ _ _ _ _ _,Chair
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
ATTEST:
Cynthia A. Beck, Shawnee County Clerk
CONTRACTOR
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Printed Name: 2W.!..:e~lo.!.!ls~B~r~i~de.:ge~s!__ _ _ _ _ __
Address: 117 SW Taylor Ave, Topeka, KS 66603
Date: _....:._?_·-_:_/4_.:.·_-__:/_t;.:___ _ _ _ _----,--
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Approved as to Legality
and Form: Date '11 J u;ti
1. I.JJ
"As~ ·,~-ca~··ca·u~·sEi..oo
Shawnee County
Office of County Clerk
CYNTHIA A. BECK
785-233-8200, Ext 4155
Fax 785-291-4912
Website: http://www .snco.us
200 SE 7th Street - Room 107
Topeka, Kansas 66603-3963
MEMORANDUM
TO:
Board of county Commissioners
FROM:
Cynthik.(_.A: .. t'eck, County Clerk
RE:
Litigation
DATE:
October 7, 2015
,
(.),.)t~ ?D
Please acknowledge receipt of Summons for
District Court of Shawnee County, Kansas:
the
following
cases
in
the
CASE NO: Wells Fargo Bank, National Association vs. Board of County
Commissioners of Shawnee County, Kansas et. al.
CASE NO: 2015CV696 The Bank of New York Mellon f/k/a/ The Bank of New York
vs. Board of County Commissioners of Shawnee County, Kansas et. al.
CASE NO: 2015CV813 Deutsche Bank National Trust Company vs. Board of
County Commissioners of Shawnee County, Kansas et. al.
CASE
NO:
2015CV828
Wells. Fargo
Bank,
N.A.
vs.
Board of
County
Commissioners of Shawnee County, Kansas et. al.
CASE NO: 201SCV835 U.S. Bank Trust N.A. vs. Board of County Commissioners
of Shawnee County, Kansas et. al.
which were received in 'the office of the· Shawnee
forwarded to the County Counselor on this date.
Attachment
County
Clerk
and
Shawn Scharenborg, KS # 24542
Michael Rupard, KS # 26954
Dustin Stiles, KS # 25152
Kozeny & McCubbin, L.C. (St. Louis Office)
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
SH.AWNEE
COUNTY
.___
___
_ CLERK
(314) 991-0255
(314) 567-8006
_;_:....::.=~L
K&M File Code:PERGEOCW
IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS
~
Welts Fargo Bank, National Association, as Case No.
Indenture Trustee of the Fieldstone Mortgage
Investment Trust, Series 2007-1,
Plaintiff,
vs.
The Board of County Commissioners, Shawnee County, Kansas
Serve at:
200 E. 7th, Room 107
Topeka, KS 66603
Defendant.
Pursuant to K.SA. Chapter 60
SUMMONS
TO THE ABOVE-NAMED DEFENDANT:
You are hereby notified that an action has been commenced against you in this Court. You are
required to file your answer to the Petition with the Court and to serve a copy upon the Plaintiff's
attorney as follows: Kozeny & McCubbin, L.C. (St. Louis Office) at 12400 Olive Blvd., Suite 555, St
Louis, MO 63141 within twenty-one {21) days after service of summons upon you. If you fail to do
sa, judgment by default will be taken against you for the relief demanded in the attached Petition,
which is incorporated herein by reference. Any responsive pleading you file may state as a
counterclaim any related daim that you may have against Ptaintiff.
(Seal)
k of the District Court
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6_ _
Dated: ___.0-..!../c---'r_·1.:..._/_/-_
sy:
Ja:zu~ ,
Deputy
SHERIFF'S RETURN
STATE OF KANSAS, Shawnee COUNTY, ss.
- - - - - - - - - - - - ' by delivering t o - - - - - - - - - - - - - ' at
_.M. in the County of
, State of
Kansas.
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St. Louis, MO 63141
Phone: (314) 991-0255
Fax: (314) 567-8006
K&M File Code:PERGEOCW
lUIS SEP -2 P 1: 45
Wells Fargo Bank, National Association, Case No.
as indenture Trustee of the Fieldstone
Mortgage Investment Trust, Series 2007-1, Div.No. _ __
Plaintiff,
vs.
George W. Pershall II
Serve at:
437 SW Watson Avenue
Topeka, KS 66606
The Board of County Commissioners, Shawnee County, Kansas
Serve at:
200 E. 7th, Room 107
Topeka, KS 66603
State of Kansas, acting through the Department of Childrens and Families
Serve at:
Office of the Attorney General
555 South Kansas
6th Floor
Topeka, KS 66603
Unknown Occupant
Serve at:
Topeka, KS 66606
Unknown Spouse of George W. Pershall, II
Serve at:
Topeka, KS 66606
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Defendants.
Petition Pursuant to K.S.A. Chapter 60
PETITION FOR FORECLOSURE OF MORTGAGE
COMES NOW, Plaintiff, Welis Fargo Bank, National Association, as Indenture Trustee of
the Fieldstone Mortgage Investment Trust, Series 2007-1, and for its cause of action against
the Defendants states as follows:
1. Plaintiff is a corporation duly organized and existing by virtue of law.
2. Venue is proper in this District by way of the subject matter, i.e., the foreclosure of a
mortgage on certain real estate located in the County of Shawnee, State of Kansas.
3. On or about October 6, 2006, George W. Pershall II [hereinafter "Borrower(s)"] borrowed
money from, executed and delivered
to Fieldstone Mortgage Company, a Note, payable in
monthly installments, in the original principal sum of $66,600.00, together with interest as
stated. A true and correct copy of the Note is attached and incorporated by reference as if fully
set forth as Exhibit 1.
4. As a part of the loan transaction and in order to secure payment of the Note, Borrower(s)
executed and delivered to Mortgage Electronic Registration Systems INC. Solely as Nominee
for Fieldstone Mortgage Company, a Mortgage of the same date upon the following described
real estate:
LOTS NO. 135 AND 137 ON WATSON AVENUE, FORMERLY BELLEVIEW AVENUE,
IN ARLINGTON HEIGHTS, A SUBDrVfSION TO THE CfTY OF TOPEKA, SHAWNEE
COUNTY, KANSAS.
known and numbered as 437 SW Watson Avenue, Topeka, KS 66606. The Mortgage was duly
recorded on October 31, 2006, in the Office of the Register of Deeds of Shawnee County,
Kansas, in Book 4422 Page 137 . The Mortgage tax was paid. A true and correct copy of the
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St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
K&M File Code:MARPLAOCW
The Bank of New York Mellon F/KJA The Bank of Case No. 15cv696
New York as successor trustee to JPMORGAN
CHASE BANK, N.A., AS TRUSTEE First Franklin
Mortgage Loan Trust 2005-FF1 , Mortgage-Backed
Pass-Through Certificates, Series 2005-FF 1,
Plaintiff,
vs.
Board of County Commissioners of Shawnee County, Kansas
Serve at:
200 E 7th, Room 107
Topeka, KS 66603
Defendant.
Pursuant to K.S.A. Chapter 60
fflr 'o.s
SUMMONS
attorney as follows: Kozeny & McCubbin, L.C. (St. Louis Office) at 12400 Olive Blvd., Suite 555, St.
Louis, MO 63141 within twenty-one (21) days after service of summons upon you. If you fail to do
so, judgment by default will be taken against you for the relief demanded in the attached Petition,
counterclaim any related claim that you may have against Plaintiff.
Chief Clerk of the District Court
(Seal)
q~_/_7_~_15___
Dated: _ _
By
~ tn1<J/ratliJ. Deputy
SHERIFF'S RETURN
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Sara Knittel, KS # 23624
St. Louis, MO 63141
Phone: (314) 991-0255
Fax: (314) 567-8006
K&M File Code:MARPLAOCW
The Bank of New York Mellon F/KJA The Case No. ,;< o l CSLAJ(QCj LP
Bank of New York as successor trustee to
1
JPMORGAN CHASE BANK, N.A, AS Div. No.
w
TRUSTEE First Franklin Mortgage Loan
Trust 2005-FF1 , Mortgage-Backed PassThrough Certificates, Series 2005-FF1,
Plaintiff,
vs.
Placido Juarez Martinez
Serve at
1709 SE John Street
Topeka, KS 66605
Board of County Commissioners of Shawnee County, Kansas
Serve at
200 E 7th, Room 107
Topeka, KS 66603
Unknown Spouse of Placido Juarez Martinez
Serve at
1709 SE John Street
Topeka, KS 66605
Unknown Occupant
Serve at
1709 SE John Street
Topeka, KS 66605
Defendants.
Petition Pursuant to K.S.A Chapter 60
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COMES NOW, Plaintiff, The Bank of New York Mellon F/KJA The Bank of New York as
successor trustee to JPMORGAN CHASE BANK, N.A., AS TRUSTEE First Franklin Mortgage
Loan Trust 2005-FF1 , Mortgage-Backed Pass-Through Certificates, Series 2005-FF1, and for
its cause of action against the Defendants states as follows:
3. On or about July 19, 2004, Placido Juarez Martinez [hereinafter "Borrower(s)"] borrowed
money from, executed and delivered to First Franklin Financial Corp., a Note, payable in
monthly installments, in the original principal sum of $54,000.00, together with interest as
stated. A true and correct copy of the Note is attached and incorporated by reference as if fully
set forth as Exhibit 1.
executed and delivered to First Franklin Financial Corp., a Mortgage of the same date upon the
following described real estate:
LOT 4, MCLAUGHLIN'S SUBDIVISION, IN THE CITY OF TOPEKA, SHAWNEE
COUNTY, KANSAS.
known and numbered as 1709 SE John Street, Topeka, KS 66605. The Mortgage was duly
recorded on July 23, 2004, in the Office of the Register of Deeds of Shawnee County, Kansas,
in Book 4066 Page 621 . The Mortgage tax was paid. A true and correct copy of the Mortgage
is attached and incorporated by reference as if fully set forth as Exhibit 2.
5. The Bank of New York Mellon F/KIA The Bank of New York as successor trustee to
JPMORGAN CHASE BANK, N.A., AS TRUSTEE First Franklin Mortgage Loan Trust 2005..,
.)
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Phone: (314) 991-0255
Fax: (314) 567-8006
K&M File Code:EVACHOCW
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Deutsche Bank National Trust Company, Case No. ;? Of 5( U613
as Trustee for Ameriquest Mortgage
Securities
Inc., Asset-Backed
Pass- Div.No. _ __
Through Certificates, Series 2005-R11,
Plaintiff,
vs.
Cheryl E. Evans
Serve at:
4429 SW Misty Harbor Avenue
Topeka, KS 66610
The Board of County Commissioners of the County of Shawnee, Kansas
Serve at:
200 E 7th Street, Room 107
Topeka, KS 66603
Unknown Spouse of Cheryl E. Evans
Serve at:
Topeka, KS 66610
Unknown Occupant
Serve at:
Topeka, KS 66610
Defendants.
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Kozeny & McCubbin, L.C. (St Louis Office)
St Louis, MO 63141
(314) 991-0255
(314) 567-8006
K&M File Code: EVACHOCW
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Deutsche Bank National Trust Company, as Case No.
Trustee for Ameriquest Mortgage Securities Inc.,
Asset-Backed Pass-Through Certificates, Series
2005-R11,
Plaintiff,
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vs.
Serve at:
Topeka, KS 66603
Defendant.
SUMMONS
(Seal)
Chief Clerk of the District Ci>urt
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Dated: _ _,/'--'-'-------
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By: --Z4·7~~
, Deputy
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' SHERIFF'S RETURN
I hereby certify that on the _ _ day of
, 2015, I served the
attached Summons, together with a copy of the Petition, upon the Defendant/respondent
- - - - - - - - - - - - ' by delivering to--~---:---------' at
- - - - - - - - - - - ' at
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COMES NOW, Plaintiff, Deutsche Bank National Trust Company, as Trustee for
Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005R11, and for its cause of action against the Defendants states as follows:
3. On or about October 19, 2005, Cheryl E. Evans [hereinafter "Borrower(s)"] borrowed money
from, executed and delivered to Ameriquest Mortgage Company, an adjustable rate Note,
payable in monthly installments, in the original principal sum of $205,000.00, together with
interest as stated. A true and correct copy of the Note is attached and incorporated by
reference as if fully set forth as Exhibit 1.
executed and delivered to Ameriquest Mortgage Company, a Mortgage of the same date upon
the following described real estate:
LOT 6, BLOCK A, MISTY HARBOR ESTATES, IN THE CITY OF TOPKEA,
known and numbered as 4429 SW Misty Harbor Avenue, Topeka, KS 66610. The Mortgage
was duly recorded on October 28, 2005, in the Office of the Register of Deeds of Shawnee
County, Kansas, in Document 30271 . The Mortgage tax was paid. A true and correct copy of
the Mortgage is attached and incorporated by reference as if fully set forth as Exhibit 2.
5. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities
Inc., Asset-Backed Pass-Through Certificates, Series 2005-R11 is the current legal holder of
the debt, and possesses all rights, including the right of enforcement of the Note and Mortgage.
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(314) 567-8006
K&M File Code:COPWANOR
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Wells Fargo Bank, NA,
Plaintiff,
CaseNo.
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VS.
Serve at
Topeka, KS 66603
Defendant.
Pursuant to K.S.A Chapter 60
SUMMONS
attorney as follows: Kozeny & McCubbin, L.C. (St. Louis Office) at 12400 Olive Blvd., Suite 555, St
(Seal)
Dated:
9/12
/JS-
- - - - - - - - - - - - ' by delivering t o - - - : - - - - : - - - - - - - - - - ' at
_ _ _ _ _ _ _ _ _ __,at
, State of
Kansas.
___ Personal Service;
Residential Service;
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Phone: (314) 991-0255
Fax: (314) 567-8006
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Plaintiff,
case No.
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vs.
Wayne H. Cope
Serve at:
7415 SW 24th Street
Topeka, KS 66614
United States of America, acting through the Secretary of Housing and Urban
Development
Serve at:
290 Federal Building
444 Southeast Quincy Street
Topeka, KS 66683
Certified copy to:
Serve at:
5111 Main Justice Building, NW
1Oth and Constitution Avenue
Washington, DC 20530
Serve at:
Topeka, KS 66603
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State of Kansas, acting through the Department of Children and Families
Serve at:
555 South Kansas, 6th Floor
Topeka, KS 66603
Unknown Spouse of Wayne H. Cope
Serve at:
7415 SW 24th Street
Topeka, KS 66614
Victoria A Cope
Serve at:
2012 SW 71st St
Topeka, KS 6661 9-1244
Unknown Occupant
Serve at:
7415 SW 24th Street
Topeka, KS 66614
Defendants.
COMES NOW, Plaintiff, Wells Fargo Bank, NA, and for its cause of action against the
Defendants states as follows:
3. On or about June 8, 2012, Wayne H. Cope [hereinafter "Borrower(s)"] borrowed money
from, executed and delivered to Wells Fargo Bank, NA, a Note, payable in monthly
installments, in the original principal sum of $166,259.00, together with interest as stated. A
true and correct copy of the Note is attached and incorporated by reference as if fully set forth
as Exhibit 1.
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K&M File Code:FERNICHL
U.S._ Ban~ Trust, N.A., as Trustee for LSF9 Master Case No.
Part1c1patlon Trust,
Plaintiff,
cJ2:JJ'6 (\\..._,.;V'2: 0:2. S
vs.
Serve at:
Topeka, KS 66603
Defendant.
SUMMONS
attorney as follows: Kozeny & McCubbin, L.C. (St. Louis Office) at 12400 Olive Blvd., Suite 555, St.
(Seal)
of the District
G
I hereby certify that on the _ _ day of
, 2015, I served the
attached Summons, together with a copy of the Petition, upon the Defendant/respondent
- - - - - - - - - - - ' at
, State of
Kansas.
___ Personal Service;
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Fax: (314) 567-8006
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U.S. Bank Trust, N.A., as Trustee for LSF9 Case No.
Master Participation Trust,
Div.No. _ __
Plaintiff,
vs.
Donna Fernkopf
Serve at:
2005 SW High Avenue
Topeka, KS 66604
Nick Fernkopf AKA Nicholas Fernkopf
Serve at:
2005 SW High Avenue
Topeka, KS 66604
Serve at:
Topeka, KS 66603
21 st Mortgage Corporation
Serve at:
Registered Agent: Corporation Service Company
2900 SW Wanamaker Drive, Suite 204
Topeka, KS 66614
Unknown Occupant
Serve at:
2005 SW High Avenue
Topeka, KS 66604
Defendants.
2
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PET!TlON FOR FORECLOSURE OF MORTGAGE
COMES NOW, Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation
Trust, and for its cause of action against the Defendants states as follows:
3. On or about January 19, 2005, Nick Fernkopf AKA Nicholas Fernkopf, Donna Fernkopf
[hereinafter "Borrower(s)"] borrowed money from, executed and delivered to Household
Finance Corporation Ill, a Note, payable in monthly installments, in the original principal sum of
$118,490.59, together with interest as stated. A true and correct copy of the Note is attached
and incorporated by reference as if fully set forth as Exhibit 1.
executed and delivered to Household Finance Corporation Ill, a Mortgage of the same date
upon the following described real estate:
LOT 2, A REPLAT OF PART OF LOT 1, BLOCK 15, COLLEGE HILL ADDITION TO
THE CITY OF TOPEKA, SHAWNEE COUNTY, KANSAS.
known and numbered as 2005 SW High Avenue, Topeka, KS 66604. The Mortgage was duly
recorded on January 21, 2005, in the Office of the Register of Deeds of Shawnee County,
Kansas, in Book 4149 Page 036. The Mortgage tax was paid. A true and correct copy of the
Mortgage is attached and incorporated by reference as if fully set forth as Exhibit 2.
5. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust is the current legal
holder of the debt, and possesses all rights, including the right of enforcement of the Note and
Mortgage. A true and correct copy of the Assignment of Mortgage is attached and incorporated
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Shawnee County
Facilities Maintenance
200 SE 71h Street
Topeka, KS 66603
(785) 291-4490
DATE:
October 7, 2015
TO:
Board of County Commissioners
FROM:
Bill Kroll, Facilities Maintenance Director
SUBJECT:
Consent Agenda item.
Request for approval of Facilities Maintenance Membership into the "Topeka Facility Managers
Association" (TFMA ) at a cost of $75.00 per year.
To be paid from Facilities Maintenance operating budget.
Respectfully,
Bill Kroll
Facilities Maintenance Director
Shawnee County Health Agency
Leading the Way to a Healthier Shawnee County
October 6, 2015
TO:
Shawnee County
FROM:
Alice Weingartner
Director - Community Health Center
rfJ
()._o.__
Allison Alejos
Director -Local Health Department
RE:
Stormont-Vail Biomedical Engineering Agreement- Renewal
Action Requested: Approval to renew the contract with Stormont-Vail Biomedical
Engineering for medical equipment maintenance and/or repair.
This contract provides for the maintenance and/or repair of medical equipment located at
Shawnee County Health Agency (SCHA) Community Health Center and Local Health
Department facilities. Maintenance includes annual equipment maintenance checks, repairs as
necessary, consultations regarding new equipment, and parts replacement as necessary.
The terms of this contract are the same as last year. Consultation, maintenance and/or repair
services done during usual business hours will be charged at $55.00/hour. If the same services
were requested during non-business hours, the hourly charge would be $67.50/hour. Funding for
this contract is included in the 2015 and 2016 budgets.
This contract has been in place with Stormont-Vail since at least 2001 and during that time,
Stormont-Vail has not increased the payment terms. The service SCHA receives from StormontVail continues to be quick and accurate, which allows the SCHA program areas to continue
functioning without several days' delay due to equipment malfunctions and the need to wait for
repair or services to be completed, either in.;house or out-of-house.
AW/AA/tnjc
Encl.
CC: Dianna Yates, Community Health Center Division Manager
1615 SW 8th Topeka, KS 66606
www .shawneehealth.org
I 785.251.2000
SHAWNEE COUNT~
CONTRACT :1£ C3~ ~~\5
BIOMEDICAL ENGINEERING AGREEMENT
-L
t7~
THIS AGREEMENT is made and entered into this
day of
by and between
STORMONT-VAIL, INC, hereinafter referred to as "SVI" and SHAWNEE COUNTY HEALTH AGENCY,
TOPEKA, KANSAS, and its off-site clinics, which are located in various locations throughout the City of
Topeka, hereinafter referred to as "Client."
THIS AGREEMENT is made and entered into for the purpose of Client securing from SVI certain
biomedical consultative, maintenance, and repair services for equipment owned by Client.
IT IS UNDERSTOOD that this Agreement shall remain in effect for one (1) year, from September 1,
2015 to September 30, 2016 at which time both parties shall re~evaluate the service .
.1.
FEES.
Consultation, Maintenance and/or Repair
$55.00/hour
All charges will be billed in the month following service. Each invoice will be accompanied by copies
of all service requests. Terms are net thirty (30) days from date of invoice.
2.
ADDITIONS. Client may add items of equipment to this Agreement with the consent of SVL Any
such additions shall be subject to the terms and conditions stated herein.
3.
PERIODIC MAINTENANCE/REPAIR INSPECTION. SVI will provide one (i) Maintenance/Repair
Inspection visit during the contract period, except for devices requiring a more frequent inspection due
to its critical nature. The visit shall be made annually and scheduled during the regular business
hours. For the initial contract period, the inspections and any initial repairs accomplished in
accordance with paragraph three (3) will be made in conjunction with the initial Maintenance/Repair
Inspection visit. During the Maintenance/Repair Inspection visit, all Equipment will undergo
operational and functional inspection including identification encoding along with field calibration. SVI
will. maintain appropriate service records at Client and SVI will ensure these correspond with
numerical I. D. codes engraved on equipment. All equipment will be checked for patient safety. The
visits will be scheduled by prior appointment to minimize disruption of Client routine and to assure
availability of equipment. Client agrees to provide the SVI representative with a work area to include
service record storage space and AC power (120 VAC) at the time of a scheduled visit or service call.
If the equipment is not made available for repair or inspection to SVI's representative during a
scheduled visit, a reasonable charge may be imposed on Client for the expenses incurred by SVI.
4.
SERVICE RECORDS. A data processing system meeting State standards for maintenance of
inspection records is utilized.
5.
SERVICE CALLS. In addition to the periodic visits set forth in paragraph four (4), SVI will provide (as
part of this agreement) service calls including travel expenses during the contract period. All calls
must be received, performed and completed during the hours stated below to avoid additional"after
hour" charges. Client agrees to provide a list of contact persons authorized to request services. In
responding to service calls, SVI will use its best efforts to make response time as reasonably prompt
as possible. Any equipment services will be inspected for operation and patient/user safety before
returning to use.
Hours:
Monday through Friday: 8:00a.m. - 5:00 p.m.
Requests from Client to make service calls during hours other than those shown above will not be
covered within this agreement.
In these instances the following fees will be charged:
$67.50/hour
Consultation, maintenance and/or Repair
6.
PARTS AND MATERIALS. All parts and materials used will be recorded on the equipment service
request, along with their cost.
·
1)
If original invoices are not available for pricing stock on hand, SVI's technician will obtain
pricing from available catalogs or local vendors.
2)
Any itemized invoice will be Included for any parts necessary.
3)
Any used parts will be priced-out by the Director or Lead Electronics Specialist.
4)
For any parts ordered costing greater than $25.00 Client must be contacted for a Purchase
Order Number.
7.
QUALIFYING CONDITIONS.
A.
The parties agree that repairs made necessary as a result of fire, theft, misuse, inappropriate
handling or modification by unauthorized personnel, severe power surges, modifications
unauthorized by the equipment manufacturer, or other circumstances not associated with the
normal use of the equipment will be repaired under this contract. However, SVI cannot be
responsible for repairs, modifications and the like not conducted by authorized staff of SVI.
Client should make every effort to enforce policy that addresses the intent of this concern.
Repairs associated with these circumstances will be conducted by SVI but Client will pay fees
as described in paragraph six (4). Additionally, SVI will not make cosmetic improvements
(i.e., painting or repairing dents, etc.) to any equipment covered.
B.
Service coverage under this contract is confined to that which can be performed by a Field
Service Technician. If SVI fails to repair an equipment item, Client will not be responsible for
payment of the time associated with that effort. Repair at the manufacturer's factory or repair
facility will be at Client's expense as will any shipping charges so incurred. If Client does not
authorize such factory repair, then SVI may delete said equipment from the Covered
Equipment List and shall notify Client in writing at that time.
C.
SVI shall not be liable for any delay or. failure in performance under this contract or
interruption of services resulting directly or indirectly from Acts of God, fires, explosions, flood
or any cause beyond the reasonable control or SVI.
D.
SVI shall not be liable for Incidental or consequential damages to equipment (scratches or
the like) that may occur in the normal course of servicing the item of equipment.
8.
BINDING EFFECT AND ASSIGNMENT. All provisions of this Agreement shall be deemed to be
binding upon the parties hereto, their successors and assigns. This Agreement may be assigned to
any corporation controlling, controlled by or under common control with SVI without prior written
consent of the Client. In that event, all terms of service, pricing and quality represented in this
Agreement will be honored.
9.
ACCESS TO BOOKS AND RECORDS. During the term of this Agreement and a period of four (4)
years after completion of services hereunder, SVI and Client will make available, upon written request
to the Secretary of Health and Human Services, or to the Comptroller General, or any of their duly
authorized representatives, this contract, books, documents and records that are necessary to certify
the nature and extent of costs incurred by SVI under the provisions of this Agreement. Such access is
granted pursuant to the requirements of 42 U.S.C. 1395x(v)(1 )(I).
The provisions of this section shall be in full force and effect for any twelve (12) month period during
the term of this Agreement during which the total value of services provided or goods delivered to the
hospital hereunder is $10,000 or more.
2
10.
NOTICES. AU noilces, which are required or may be given pur.suanl to the terms of this Agreement,
shall be In writing and shall be sufficient in all respects if given in writing and delivered personally or by
registered or certified mall, postage prepaid as follows:
IF TO SVI:
Janet Stanek, Senior Vice President
and Chief Operating Officer
Storemont- Vail, Inc.
1500 SW lOth Ave.
Topeka, KS 66604-1104
IF TO CLIENT:
Allison Alejos, Director
1615 SW 8th Street
Topeka, KS 66606
11.
WAIVER. Ahy failure of any party to comply wltii any of their obligations, agreements or conditions as
set forth within this Agreement may be expressly waived In Writing by the other party; provided,
however that no waiver of any breach of any provision hereof shall operate as a waiver of any other
breach of the same or any other provision of this Agreement.
12.
AMENDMENT. The provision of this Agreement may be amended, a:t any time by the· agreement In
wrrting, of each party-hereto executed In the same manner as this Agreern~nt.
13.
INVALID PROVISION. The Invalidity or unenforceablllty of any provision of this Agreement shall not
affect the other provisions hereof, and the Agreement shall be construed in all respects as if such
invalidity or unenforceable provision were omitted.
14.
PRIOR NEGOTIATIONS. This Agreement supersedes all prior negotiations between the parties
hereto relevant to the transaction contemplated by this Agreement, which contains the entire
understanding or the parties hereto. This Agreement may only be modified as has heretofor\3 been
provided,
15.
TERMINATION OF AGREEMENT. The terrns and conditions of this contract shall rernain !ri force for
the specified one (1) year period unless terminated sooner by either party upon written notice of thirty
(30) days.
·
/0 -IDate
SHA'WNEE COUNTY, KANSAS
Kevin J, Cook, Chair
ATTEST:
Cynthia A. Beck, County Clerk
Date
Is--
Rev. 09/2013
ATTACHMENT TO
SHAWNEE COUNTY CONTRACT C. _ _ __
CONTRACTUAL PROVISIONS ATTACHMENT
The undersigned parties agree that the following provisions are hereby
incorporated into the contract to which it is attached and made a part thereof,
said contract being dated the _ _ _ day of - - - - - - - 20__
I.
TERMS.HEREIN CONTROLLING PROVISIONS. It is expressly agreed
that the terms of each and every provision in this attachment shall
prevail and control over the terms of any other conflicting provision in
any other document relating to and a part of the contract in which this
attachment is incorporated.
2.
AGREEMENT WITH KANSAS LAW. It is agreed by and between the
undersigned that all disputes and matters whatsoever arising under, in
connection with or incident to this contract shall be litigated, if at all, in
and before a Court located in the State of Kansas, U.S.A., to the
exclusion of the Courts of any other states or country. All contractual
agreements shall be subject to, governed by, and construed according to
the laws of the State of Kansas.
3.
TERMINATION
DUE
TO
LACK
OF
FUNDING
APPROPRIATION. Shawnee County is subject to 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. 441111 et seq.) and the applicable provisions of the Americans With
[ADA] and to not
Disabilities Act (42 U.S~C. 12101 et seq.)
discriminate against any person because of race, religion, color, sex,
disability, national origin or ancestry, or age in the admission of access
to or treatment or employment in, its programs or activities; (b) to
include in all solicitations or advertisements for employees, the phrase
"equal opportunity employer"; (c) to comply with the reporting
requirements set out in K.S.A. 44-1031 and K.S.A. 44-1 116; (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 hlnding arbitration, or the payment of damages or
penalties upon the occurrence of a contingency. Further, the County
shall not agree to pay attorney fees and late payment charges; and no
provisions will be given effect which attempts to exclude, modify,
disclaim or otherwise attempt to limit implied warranties of
merchantability and fitness for a particular purpose.
8.
REPRESENTATIVE'S AUTHORITY TO CONTRACT. By signing this
document, the representative of the contractor thereby represents that
such person is duly authorized by the contractor to execute this
document on behalf of the contractor and that the contractor agrees to be
bound by the provisions thereof.
9.
RESPONSffiiLITY FOR TAXES. The County shall not be responsible for,
nor indemnify a contractor for, any federal, state or local taxes which
may be imposed or levied upon the subject matter of this contract.
I 0.
INSURANCE. The County shall not be required to purchase, any
insurance against loss or damage to any personal property to which this
contract relates, nor shall this contract require the County to establish a
"self-insurance" fund to protect against any such loss or damage.
Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 756101 et seq.), the vendor or lessor shall bear the risk of any loss or
damage to any personal property to which vendor or lessor holds title.
Date:
Kevin J. Cook, Chair
Date:
ATTEST:
Cynthia A. Beck, Shawnee County Clerk
Community Health Center
October 7, 2015
TO:
Shawnee County
FROM:
Alice Weingartner {f~-J
Director - Community Health Center
RE:
Signature on the agreement with Cascade Health Services for extending the use of
an RN to fill Registered Nurse (RN) vacancy in Community Health Center
"
Action Requested: Signature for approval on agreement for continued use of RN to fill a
vacancy in Community Health Center (CHC).
On July 13, 2015 the Shawnee County Board of County Commissioners originally approved the
filling of a RN vacancy through Cascade Health Services, a temporary staffing agency. The
current request expires on October 18, 2015. The RN who has been in this position since July
2ih is agreeable to continuing to work for the CHC through December 31, 2015. Based on the
time and effort spent in orientation and training this individual it is our preference to continue
with this arrangement.
It is requested that the commission agree to a new agreement for the period of October 19December 31,2015. The rate remains $50.95 per hour and is not expected to exceed $23,000 for
the remaining 11 weeks or 440 work hours in 2015.
AW/tnjc
Encl.
1615 SW 8th Topeka, KS 66606
www.shawneehealth.org
I 785.251.2765
Individual Service Agreement
tiHAWNEE COUNTt
Guaranteed Hours of TEMP Client Form CONTRACT #.310-;b\£
This service agreement allows Client to utilize the services of a Temp Cascade Employee
on a regular basis, for a set length of time, as outlined below._
1en
an
a sea de Hea
erv1ces aaree to
Start Date:
End Date:
Unit:
#of Weeks:
Schedule:
# of Hours Guaranteed: (Cascade PPE, MON day to SUN night shift)
Client may cancel ONE shift OR part of ONE shift, every 30 days
during the contract. Defined as: The first time client cancels any shift,
they can NOT cancel another shift, for 30 days after each subsequent
cancellation
Hourly Bill Rate:
*from SSA, or negotiated
Hours Over 40:
(1.5 of bill rate?)
Orientation:
Holidays:
Paid Holiday:
ISA prepared by:
e o owma:
10/19/15 {Original 7/27/15 to 10/18/15)
12/31/15
Clinic
11
Day shift Monday-Friday
40.
Client may cancel ONE shift every 30 days
Use Cascade PPE of Monday to Sunday
$50.95
Any hours over 40 are billed at 1.4x
Bill Regular Rates
Billed at 1.4x for Night shift the night before, and day, evening
and night shift the day of: New Year's Day, Easter Sunday,
Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas
Day. Christmas Eve & New Year's Eve = Evening_ shift
When a paid holiday falls during the normally scheduled
Monday-Friday week & the office is closed in observation, that
holiday_ is billed at standard rate.
Maggie
*IF LISTED ABOVE, Weekly # of hours agreed upon above are guaranteed to Temp while on this agreement. Client will
be billed for the # of hours weekly stated above, even if Client decides to utilize Temp for fewer hours per week than
stated. IF Temp must cancel any shifts during this agreement Client will NOT be billed for the guaranteed hours in that
particular week.
This agreement is cancelable for poor performance of employee, and that performance must be reported to
Cascade and documented in writing by Client and such documentation must be given to Cascade within 48
hours of incident or cancellation of agreement. Upon request, Cascade will make it's best effort to replace
Temp.
*If Client/Cascade have a previously agreed upon and signed arrangement, the fees and time frames for buyout/hiring fees may be
less than below- RN: $3000, LPN/LPIV: $2000, PT/OT/RT: $8500, CNA: $1500, CMNCMT: $1750, PTA/COTA: $6000, otherscontact mgmt. for amounts.
*After written notification from Client of intention to buy out Cascade Healthcare Professional,
Healthcare Professional may be put on a 520 hour temp to perm contract, with up to a $1500 conversion fee at the end of contract. If
Client desires to hire Cascade Healthcare Professional outright without utilizing temp to perm contract, fees will be as listed above. All
past invoices must be paid to current for Healthcare Professional to begin employment with Client. Client may not hire Healthcare
Professional through ANY entity/sister facility or any related entity without written approval of Cascade or fees will still apply. *Cascade
Healthcare Professionals who have worked for Client through Cascade may not be hired for a period of 6 months from last day of work
for Client without incurring buyout/recruitment fees. ***Use of our services/personnel binds Client to terms of our rate letter
regardless of signature(s.)
I
I
CLIENT:
Name
-Title:
CASCADE:
Name
-Title:
I
I_Signature:
I_Date:
I
I Signature:
I Date:
_
_
ri:tJ~I:fl•11Jt.lll?ilil·iit!iite1•]0UkA··If41Ut·Nnma.il:@inm&IUii4i 1JIR4"lil,f!i€1*!
Community Health Center
October 6, 2015
TO:
Shawnee County
FROM:
Allison Alejos CL C\..
Director- Local Health Department
"
Alice Weingartn~
Director- Community Health Center
RE:
Approval to sign Amendment with Celtic Insurance Company for purposes of
receiving appropriate reimbursement.
Action Requested: Approval to sign Amendment with Celtic Insurance Company also
known as Sunflower State Health Plan for purposes of receiving appropriate
reimbursement for Maternal Child Health services.
This contract amendment with Sunflower State Health Plan is to add information for Maternal
Child Health services that are eligible for insurance reimbursement through the State of Kansas
KanCare program. The billing codes for Prenatal Risk Reduction billing codes were rejecting
through Sunflower. This is a medical office procedure the Local Health Department may bill for
but is not covered under the current "Clinic Rate Exhibit". This amendment is to add to the
"Group Exhibit" Fee for Service charges to Shawnee County Health Agency and Community
Health Center contract (C47-2013) that was approved January 17, 2013 and effective March 1,
2013.
AW/AA
Encl.
---- ...... -----· --- ------------------------- ·····--1615 SW 8th Topeka, KS 66606 I 785.251.2765
www.shawneehealth.org
....... ····--·--··-- ---····-··------ ......... -· --- ............... --------. ·- ...
---------- ---------··--. -----··------------·
:::itiAVVNEE COUNT't
CONTRACT # C.:~q \...-ao\S
AMENDMENT NUMBER TWO
PARTICIPATING PROVIDER AGREEMENT
This Amendment Number Two ("Amendment") is effective as of
by and between Celtic Insurance
Company ("Celtic") and Shawnee County Health Agency and Community Health Center ("Provider"), collectively
referred to herein as the "Parties".
WHEREAS, Celtic and Provider have previously entered into a Participating Provider Agreement (the
"Agreement") effective as of March 1, 2013 (defined in the Agreement as the "Effective Date"); and
WHEREAS, the Pat1ies desire to amend the Agreement;
NOW THEREFORE, in consideration of the promises and mutual covenants herein contained, the Parties agree as
follows:
·,. ··
1. The attached EXHIBIT 5 to Attachment A GROUP COMPENSATION SCHEDULE - MEDICAID, shall
be added and incorporated into the Agreement.
2. All other terms and conditions of the Agreement and any amendments thereto, if any, shall remain in full
force and effect. If the terms of this Amendment conflict with any of the terms ofthe Agreement, the
terms of this Amendment shall prevail.
IN WITNESS WHEREOF, the Parties hereto have executed and delivered this
Amendment as of the date first set forth above.
Celtic Insurance Company
PROVIDER:
Shawnee County Health Agency and
::ommunity Health Center
Authorized Signature
Authorized Signature
Printed Name: Michael D. McKinney, MD
Printed Name:
Title: Plan President and CEO
Title:
Date:
Date:
ECM #: 178887
Tax ID Number: 48-6028759
Effective as of:
State Medicaid Number:
CELTIC:
SFS Pmticipating Provider Agreement 082112
EXHIBITS
to
ATIACHMENTA
GROUP COMPENSATION SCHEDULE- MEDICAID
Shawnee County Health Agency and Community Health Center
For Covered Services provided to Covered Persons, Payor shall pay Group the lesser of: (i) the Group's Allowable
Charges; or (ii) one hundred percent (I 00%) of the State's Medicaid fee schedule in effect on the date of service
and specific to the services rendered.
For Covered Services for which there is no established fee amount, Payor shall pay Group forty~five percent (45%)
of the Allowable Charges until such time as Payor establishes a rate.
Notwithstanding anything to the contrary contained herein, in no event will the rate or fee payable hereunder, paid
by Payor exceed the applicable, final, minimum payment rate required in sections 1902(a)(13), 1902(jj), 1932(f),
and l905(dd) ofthe Social Security Act, as amended by the Patient Protection and Affordable Care Act of2010,
Health Care and Education Reconciliation Act of 20 l 0, or other such legislation.
Additional Provisions:
I. Code Change Updates. Payor utilizes nationally recognized coding structures (including, ·without limitation,
revenue codes, CPT codes, HCPCS codes, lCD codes, national drug codes, ASA relative values, etc., or their
successors) for basic coding and descriptions of the services rendered. Updates to billing~related codes shall
become effective on the date ("Code Change Effective Date") that is the later of: (i) the first day of the month
following sixty (60) days after publication by the governmental agency having atlthority over the applicable
product of such governmental agency's acceptance of such code updates; (ii) the effective date of such code
updates as determined by such governmental agency; or (iii) if a date is not established by a
governmental agency, the date that changes are made to nationally recognized codes. Such updates may
include changes to service groupings. Claims processed prior to the Code Change Effective Date shall not be
reprocessed to reflect any such code updates.
2. Fee Change Updates. Updates to such fee schedule shall become effective on the date ("Fee Change Effective
Date") that is the later of: (i) the first day of the month following thhiy (30) days after publication by the
governmental agency having authority over the applicable product of such govemmental agency's acceptance
of such fee schedule updates; or (ii) the effective date of such fee schedule updates, as determined by such
governmental agency. Claims processed prior to the Fee Change Effective Date shall not be reprocessed to
reflect any updates to such fee schedule.
3. Payment under this Exhibit. All payments under this Exhibit are subject to the terms and conditions set f011h in
the Agreement, the Provider Manual and the Billing Manual.
Definitions:
1. Allowable Charges mean those Gmup billed charges for services that qualify as Covered Services.
SFS Participating Provider Agreement 082112
2
Shawnee County
Sheriff's Office
Sheriff Herman T. Jones
Law Enforcement Center
320 S. KANSAS, SUITE 200
TOPEKA, KANSAS 66603-3641
785-251-2200
MEMORANDUM
October 6, 2015
TO:
Board of County Commissioners
FR:
Herman T. Jones
RE:
Watch Systems
We will be renewing our agreement with Watch Systems for Offender Watch Services for
August 4, 2015 through August 3, 2016. The renewal fee is $5,000.00 and will be paid
from our Offender Registration Fund
Please place this on the Monday, October 12, 2015.
Sincerely,
~&-
Herman T. Jones
Shawnee Count Sheriff
J~
s
~··
Invoice
~
watch systems
CONTRACT #. Cgfl~~~\5
516 E Rutland Strftl
Covington. LA 70433
985-871-8110
Date
Invoice #
7/6/2015
26754
SHAWNEE COUNTY
Bill To
Shawnee County Sheriff's Office
320 S. Kansas Avenue
Suite 200
Topeka KS 66603
P.O. No.
Terms
Net30
Item
Description
Owatch -local renew Renewal of annual subscription for OffenderWatch sex
offender notification
8/4/15 thru 8/3/16
Rate
Serviced
5,000.00
Total
Payments/Credits
Balance Due
To insure prompt and proper recording of payments please include all invoice numbers.
Amount
5,000.00
$5,000.00
$0.00
$5,000.00
recreation
October 6, 2015
s:·~_/\,.~.~~}~-~~~;:~···, ,~---~"JJ:._'/7~:~
TO:
Shawnee County
~
FROM:
John E. Knight, Director
Parks + Recreation
RE:
Contract Amendment- C202-2015
Asset Management
&&
Board of Commission approval is requested to amend contract C202-2015 with Presto-X for pest
control services to various Shawnee County owned buildings.
The amendment is to add the Abbott Community Center to the contract at a quoted cost of
$35.00/month. This building was not included in the original contract as it was not occupied at the
time of the contract. Since that time the Boys and Girls Club have contracted with Shawnee County to
operate a Teen Center in the building. Terms of the contract stipulate that Shawnee County is
responsible for pest control services.
There is sufficient funding in the Parks and Recreation operating budget to cover the costs.
JEK/Irk
rks.snco
Shawnee County
+
recreation
October 7, 2015
TO:
Shawnee County
,,
FROM:
John E. Knight,
Parks + Recreation
RE:
Shawnee County Parks + Recreation Advisory Board
/K
Dired,~
(7''""
Board of Commissioners consideration is requested for the development of a "Citizen"
Advisory/Advocate Board to replace the former Shawnee County Parks + Recreation Advisory Board
which was designed for protection of former city assets and programs.
The Shawnee County Parks and Recreation Advisory Board was formed during the process of
merging the Parks & Recreation of Topeka and Shawnee County Parks + Recreation's departments
through contracts C304-2011 and C313-2011. It was formed and organized exclusively to provide
input, assistance, feedback, information and support to Shawnee County Parks + Recreation and its
director, the Board of County Commissioners of the County of Shawnee Kansas and to the public.
The scope of the board was advisory in nature and retained no binding authority over the final decision
of the director of Shawnee County Parks + Recreation and/or the Board of County Commissioners.
Based on the Implementation Plan appendix to the Shawnee County Parks + Recreation Master Plan,
we would like to consider developing an Advisory/Advocate Board that will focus on specific tasks
such as implementation of the Master Plan, accreditation for the department, inter-governmental
relations and major capital improvement projects as part of their responsibilities as well as provisions
of advice to both the County Commission and the director of the department.
Utilizing the board in this capacity aligns and best features as part of the vision of Shawnee County
Parks + Recreation, "To be viewed by the citizens and businesses of Shawnee County as an integral
part of their quality of life and growth of our community. In addition to our provision of quality parks,
golf courses and recreational facilities and opportunities, more specifically we strive to help reduce
juvenile crime, health care costs, and individual stress, to increase property values, tourism, to
promote positive lifestyle choices, family activities and to preserve community assets and open
spaces."
The fifteen (15)-member Advisory/Advocate Board is composed of two (2) members appointed by
each of the three (3) County Commissioners and one (1) member appointed by each of the nine City
Council Members. Terms will be two (years), beginning January 1, 2016 and ending December 31,
2017.
JEK/Irk
parks.snco

Monday, October 12, 2015

Transcription

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