board of county commissioners agenda thursday

Transcription

BOARD OF COUNTY COMMISSIONERS AGENDA
THURSDAY, JULY 3, 2014, 9:00A.M.
COMMISSION CHAMBERS, ROOM B-11
I.
II.
. III.
IV.
PROCLAMATIONS/PRESENTATIONS
UNFINISHED BUSINESS
CONSENT AGENDA
1.
Consider acceptance of easements and authorization to pay two property owners the agreed
settlement amounts of$1,675.00 and $1,585.00 for the SW 57th Street over Haskell Creek
project-Public Works/Solid Waste.
2.
Acknowledge receipt of correspondence from KDHE regarding a solid waste permit renewal for
Bahm Demolition, Inc.
3.
Acknowledge receipt of correspondence from KDHE regarding a solid waste permit renewal for
the City of Topeka, Forestry Dept.
4.
Acknowledge receipt of the SCHA CHC July 1st Board agenda and minutes of the June 13th
meeting-Health Agency.
5.
Acknowledge receipt of Summons in Case No. 2014CV531-Quest Credit Union vs. Board of
County Commissioners of Shawnee County, Kansas, et al; Case No. 2014CV451-Bank of
America N.A. vs. Shawnee County, Kansas et al; Case No. 2014CV560-U.S. Bank Trust, N.A.
vs. Board of County Commissioners of Shawnee County, Kansas, et al; and Case No.
2014CV587-Briarwood Condominium Association, Inc. vs. Board of County Commissioners of
Shawnee County, Kansas, et al.--County Clerk
6.
Consider approval of request to authorize payment in the amount of$350.00, with reimbursement
of$279.00 from the estate, to pay for final expenses of David Campos-County Counselor.
7.
Consider approval of request to authorize payment in the amount of$350.00, with full
reimbursement by Stormont Vail Healthcare, to pay for fmal expenses of Ricky Joe HansonCounty Counselor.
8.
Consider approval of request to authorize payment in the amount of$350.00, with full
reimbursement from the estate, to pay for fmal expenses of Sheila Ann O'Neil-County
Counselor.
9.
Consider approval of Resolution No. 2014-53 authorizing the County Clerk to cancel checksCommissioner Archer.
NEW BUSINESS
A. COUNTY CLERK- Cynthia Beck
1.
Consider all voucher payments.
2.
Consider correction orders.
B. COUNTY COUNSELOR- Rich Eckert
1.
Consider approval of request from The Eastside Church of God in Christ to purchase a 55 x 135
foot County-owned parcel (acquired through a judicial tax foreclosure sale) located at 902 SE
Gilmore Avenue for a price of$125.00.
2.
Consider approval of request from Mr. David Petty to purchase a 9 foot wide County-owned
parcel (acquired through a judicial tax foreclosure sale), located on SE 29th Street for a price of
$50.00.
C. PUBLIC WORKS/SOLID WASTE- Tom Vlach
1.
V.
VI.
Consider awarding bid for the SW Docking Road Bridge over Mission Creek to King
Construction Co., Inc. at a cost of $704,878.30 and authorization and execution of Contract
C260-2014 for same.
ADMINISTRATIVE COMMUNICATIONS
EXECUTIVE SESSIONS
Shawnee County
Department of Public Works
1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867
785-251-6101
FAX 785-251-4920
THOMAS C. VLACH, P.E.
DIRECTOR OF PUBLIC WORKS
COUNTY ENGINEER
MEMORANDUM
DATE:
June 26,2014
TO:
Board of County Commissioners (Consent Agenda)
FROM:
Michael M. Welch,
Civil Engineer II
RE:
P.E.;t/fPJ&v-"
·
Acceptance of Right of Way
SW 57th Street over Haskell Creek, BSN 320
0.1 mi West of SW Docking Road
Project No. S-121035.00
The Public Works Department has reached agreement with the following list of landowners to acquire
permanent and temporary easements for construction of the referenced project. We request your
acceptance of the attached easements and authorization for payment.
Owner
Item
Campbell, Leona Maxine
Permanent Easement
& Fencing
0.19 acres
$ 1,675
Permanent Easement
0.20 acres
$ 1,585
Waldo, Ray & Marsha R.
& Fencing
Encl.
cc: Tom Vlach
File
Value
PERMANENT PUBLIC RIGHT-OF-WAY EASEMENT
THIS INDENTURE, made this
b ~ day of-.<~...._L___, 201_fby and between
andowner; and THE BOARD OF COUNTY
Leona Maxine Campbell, hereinafter referred to as th
SAS, hereinafter referred to as the County.
COMMISSIONERS OF THE COUNTY OF SHAWNEE,
f
WITNESSETH, that the Landowner in consideration of one dollar and no/1 00 ($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:
(Signature, date and seal of a Registered Land Surveyor certifies that the following real property legal
description is an original description and has been prepared by or under the direct supervision of
subscribed Registered Land Surveyor. K.S.A. 74-7003)
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A tract of land in the Northeast Quarter of Section 31, Township 12 South, Range 14 East of the 6 h P.M.,
in Shawnee County, Kansas more particularly described as follows:
Commencing at the Southeast corner of the Northeast Quarter of said Section 31; thence on an assumed
bearing of South 89 degrees 21 minutes 55 seconds West on the South line of said Northeast Quarter a
distance of 443.35 feet to the point of beginning; thence continuing South 89 degrees 21 minutes 55
seconds West on said South line a distance of 325.00 feet; thence North 00 degrees 38 minutes 05
seconds West a distance of 25.00 feet; thence North 64 degrees 20 minutes 43 seconds East a distance
of 82.77 feet; thence North 89 degrees 21 minutes 55 seconds East a distance of 150.00 feet; thence
South 71 degrees 20 minutes 39 seconds East a distance of 105.95 feet; thence South 00 degrees 38
minutes 05 seconds East a distance of 25.00 feet to the point of beginning.
Said tract of land contains 8,313 square feet, (0.19 acres) of land more or less excluding the existing road
Right of Way.
The County is purchasing this permanent public right-~f-way easement for the purpose of
erecting or improving a public roadway for the passage ofVehi91ila~ and pedestr.ian 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 rightof-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.
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 abovedescribed 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.
EasementNo.~~1~~~
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, suqcessors, and assigns of the parties hereto, unless terminated by the abandonment
of the Public Right-of-Way Easement by the County.
IN WITNESS WHEREOF, Said parties of the first part have hereunto set their hands the day and
year first above written.
~~~~~--------------fY\t:l:!Ctne. t!a~pbdl· .
L-toY\0\,
STATE OF KANSAS, COUNTY OF SHAWNEE, ss.
~day
LA~
,
BE IT REMEMBERED, that on this t 0
of
201_f' before
me,
the
undersigned, a notary public in and for the County an~aid, came Leona Maxine.Campbell,
personally known to me to be the same person who executed the within instrument of writing, and such
person duly acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto set m
year last above written.
a d and affixed my notarial seal, the day and
PERMANENT PUBLIC RIGHT-OF-WAY EASEMENT
THIS INDENTURE, made this
C6 'tfo day of
, 201fby and between Ray &
Marsha R. Waldo, hereinafter referred to as the L
owner; 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/1 00 ($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:
(Signature, date and seal of a Registered Land Surveyor certifies that the following real property legal
description is an original description and has been prepared by or under the direct supervision of
subscribed Registered Land Surveyor. K.S.A. 74-7003)
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A tract of land in the Southeast Quarter of Section 31, Township 12 South, Range 14 East of the 6
S U R'll"- ,,-.•"'
1
h
P.M.,
in Shawnee County, Kansas more particularly described as follows:
Commencing at the Northeast corner of the Southeast Quarter of said Section 31; thence on an assumed
bearing of South 89 degrees 21 minutes 55 seconds West on the North line of said Southeast Quarter a
distance of 443.35 feet to the point of beginning; thence South 00 degrees 38 minutes 05 seconds East a
distance of 25.00 feet; thence South 67 degrees 33 minutes 52 seconds West a distance of 107.70 feet;
thence South 89 degrees 21 minutes 55 seconds West a distance of 100.00 feet; thence North 72
degrees 54 minutes 39 seconds West a distance of 131.38 feet; thence North 00 degrees 38 minutes 05
seconds West a distance of 25.00 feet to the North line of said Southeast Quarter; thence North 89
degrees 21 minutes 55 seconds East on said North line a distance of 325.00 feet to the point of
beginning.
Said tract of land contains 8,502 square feet, (0.20 acres) of land more or less excluding the existing road
Right of Way.
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 rightof-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.
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 abovedescribed 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.
Easement No. -:-::-'2~=-=--=
-----------------------------------------------------------------------------------------
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 ...!£....:-day of
,
201~
before
me,
the
undersigned, a notary public in and for the County and
e aforesaid, came Ray and Marsha R. Waldo,
personally known to me to be the same persons who executed the within instrument of writing, and such
persons duly acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto set my
year last above written.
and affixed my notarial seal, the day and
phone: 785-296-1600
Burea!J of Waste Management
Curtis S~Jte Off1c-e Bulid1ng
f(lX;
785, 2'9!).£~009
crn.:ul: bwTil'Wt:[email protected]
HJOO SW Jackson, Su1te 320
w-.wt. kd heks .gov/waste:
Topek.J, KS 66612:-1366
June 23, 2014
DavidBahm
Bahm Demolition, Inc.
304 W Railroad; PO Box 326
Silver Lake, KS 66539-0326
RE:
Permit Renewal for Permit No. 0876, for the following types of permits:
Solid Waste Processor; Shawnee County
Dear Mr. Bahm:
The Department of Health and Environment is in receipt of the permit renewal fee, updated liability insurance
certificate, and financial assurance documentation for your solid waste facility as required by K.S.A. 65-3407.
This letter will serve as the permit renewal for the period of July 10, 2014 through July 09, 2015.
All conditions, requirements and conformity with plans and specifications referred to and shown on permit 0876
remain in effect. Your continuing cooperation with the solid waste management program is appreciated.
]~ti.~
Dennis A. Degner, Ph.D., P.E.
Chief, Solid Waste Permits Section
c
Shawnee County Commissioners
DIVISION OF ENVIRONMENT
Bureau of Waste Management
:
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Curt1s Stilte Office Building
1000 SW Jackson, Su1!e 320
Topeka, KS &5EH2-1366
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··.:••····
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-
Department ofHcalth & Enviroumeul
Robert Mn-<.cr.. :\ID. Secrutary
phone: 785-296-1600
fnx: 765-296·8909
cm<Jll: [email protected]
ww.~t. kd heks.gov /wa5te
Sam .!:lrownback, Gowmor
June 25, 2014
Adam Moser
City of Topeka-Park Dept
Forestry 201 NW Topeka Blvd
Topeka, KS 66603
RE:
Permit Renewal for Permit No. 0452, for the following types of permits:
Compo sting; Solid Waste Processor; Shawnee County
Dear Mr. Moser:
The Department of Health and Environment is in receipt of your updated liability insurance certificate and
financial assurance documentation for your solid waste facility as required by K.S.A. 65-3407.
This letter will serve as the permit renewal for the period of July 1, 2014 through June 30, 2015.
All conditions, requirements and conformity with plans and specifications referred to and shown on permit 0452
remain in effect. Your continuing cooperation with the solid waste management program is appreciated.
J~a.J~
Dennis A. Degner, Ph.D., P.E.
Chief, Solid Waste Permits Section
c
Shawnee County Commissioners
DIVISION OF ENVIRONMENT
-----------------------------------
p
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Promote
Protect
p
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Provide
Prevent
Shawnee County Health Agency
1615 SW 81h Avenue- Topeka, KS 66606-1688
Ph. (785) 251-2000 Fax (785) 251-2098
www.snco.us/ha
SCHA CHC BOARD AGENDA
DCF Learning Center
Tuesday, July 1, 2014
12:00pm
1. Call to Order
2. Approval of June 13, 2014 Board Minutes
3. SCHA Board Committee
a. Executive Committee
1. Recommendation of Ql Committee's Next Project
b. QA Committee
c. Finance Committee
4. CHC Executive Director's Report
5. Medical Director's Report
6. Health Access Report- Karla Hedquist
7. New and/or Miscellaneous Business
a. Review of Supplemental Funding Application
8. Adjourn
SCHA CHC Board Meeting/Annual Retreat
Tuesday,August12,2014
DCF Learning Center
\
Leading the way to a healthier Shawnee County.
~
Shawnee County Health Agency
p
p
Promote
Prote-ct
1615 SW 8th Avenue- Topeka, KS 66606-1688
Ph. (785) 251-2000 Fax (785) 251-2098
p
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www.snco.org
Prov1dc
Prrvt:nt
...
SCHA CHC BOARD MEETING-BOARD RETREAT
Kanza Cafe Boardroom
June 13, 2014 10:30 AM
MEMBERS PRESENT: Robert Thorn, CHC Board Chair, Tanya Tostado, CHC Board
Vice Chair, Kim Hodgson, CHC Board Secretary, Sherry Obrosky, Dr. VanSickle, Sylvia
Herrmann, Walt Stevenson, Commissioner Kevin Cook, and Jim Kinderknecht
MEMBERS ABSENT: Wanetta Bean, Karla Hedquist, and Chris Hartman
NON-VOTING MEMBERS: Michelle Sweeney
STAFF PRESENT: Alice Weingartner, CHC Executive Director, Dianna Yates, CHC
Division Manager, Erin Scraper, Quality and Risk Management Officer, Tamara
Copeland, Finance Officer, Nancy Mitchell, Accountant II, and Elly Shughart, Office
Assistant Ill
CALL TO ORDER
Community Health Center (CHC) Board Chair called the meeting to order at 10:38am
A quorum was present. Due notice had been mailed.
APPROVAL OF MEETING MINUTES
The minutes of the May 6, 2014, and May 14, 2014 CHC Board meetings were
approved as presented.
QA COMMITTEE
The committee reviewed first quarter data on the report card and Patient Centered
Medical Home (PCMH) updates. There was discussion regarding the referral tracking
policy and the tobacco cessation protocol which has now been rolled out to staff
members. The committee also discussed getting pregnant moms who are going to the
Maternal and Infant (M&I) Clinic to establish primary care at the CHC for both mother
and baby when the baby is born.
EXECUTIVE COMMITTEE
The consultants from theFranaGroup attended the Executive Committee meeting in
May. The Committee Chair encouraged Board members to read the minutes for more
information.
Leading the way to a healthier Shawnee County.
FINANCE COMMITTEE
The Finance Officer reported the total revenue earned year to date (YTD) at
$1,732,303.16 with YTD expenditures at $1,427,188.36 bring the April positive balance
to $305,144.80. The cost report was submitted and the Centers for Medicare and
Medicaid Services (CMS) sent a report back stating the cost report was accepted. The
CHC already received an interim settlement of $7,394 so no more will be received but
no more is owed at this time. The committee reviewed revised policy 18.09 Refund
Policy. The CHC Board Chair explained the revisions in policy 18.09 Refund Policy to
Board members. The proposed policy is shortened and references the agency wide
refund policy.
Tanya Tostado made a motion to approve proposed policy 18.09 Refund Policy.
No discussion took place. Motion carried.
CHC EXECUTIVE DIRECTOR'S REPORT
The Executive Director reviewed the 2014-2017 Strategic Plan with Board members.
The budget hearing is on July 9, 2014. She encouraged Board members to attend the
budget hearing as it is a public event. The management team identified three strategic
focus areas. They are quality of life, community engagement, and organizational
excellence.
• Quality of life is improving community health and ensuring access to quality
services and care.
• Community engagement is optimizing relationships with partners to improve the
health of the community.
• Organizational excellence is effective and accountable by being an adaptive and
learning organization.
The quality of life category has two strategic objectives.
• One is to support the goals and objectives of the community health improvement
plan and the other is to address access to care.
In regards to access to care, PCMH certification is being focused on as well as
increasing patient visits and improving PCMH chronic and preventative health
measures. All measures focused on tie into the 330 grant and the Uniform Data System
(UDS) report.
• The community engagement section of the strategic plan explains coordinating
health promotions, outreach activities and programs, and an increased number of'
opportunities for staff participation.
• The organizational excellence section focuses on achieving PCMH certification,
maintaining the certification over the next three years, continually giving patient
satisfaction surveys, and continuously monitoring the chronic and preventative
measures.
The goal for the CHC is to have 22,239 patient visits by the end of 2015 and 23,384
visits by the end of 2016. Overall patient satisfaction is at 87%. The goal is to increase
it to 88% by the end of 2015 and 89% by the end of 2016. Commissioner Cook inquired
as to how the strategic plan survives in view of the Safety Net with all of the
recommendations for operational changes that were made or will the Safety Net
recommendations and the strategic plan end up in conflict with each other. The
Executive Director explained they should not end up in conflict with each other because
the goals that are specific to the CHC are specific to operations as well. She advised
Board members there are 34 different grants and programs agency wide and each one
has a detailed work plan associated with it. Dr. VanSickle inquired about the 27th pay
period in 2015. The Finance Officer explained that approximately $300,000 in salaries
for the 27th pay period in 2015 will be taken out of reserve funds in an effort to save the
county money.
The Executive Director reviewed the revised Quality Assurance (QA) and Quality
Improvement (QI) plan with Board members. As the Federal Tort Claims Act (FTCA)
application was being worked on, there were some components were identified that
would integrate better into one plan as opposed to having multiple documents. The
year was taken off of the title of the plan and pieces of the QA policy were inserted into
the Ql plan. There were new attachments that were added to the QI/QA plan.
• The first new document that was attached was the Provider meeting schedule.
FTCA certification requires that peer reviews are conducted and the Provider
meeting schedule shows when quarterly peer reviews take place.
• The next attachment that was added was the essential components of data
gathering/analysis/action plans and reporting. This is the process of how
information flows within the system.
• The next attachment added was the CHC risk management attachment. This
document shows how potential areas of risk are constantly being evaluated and
monitored and how they are addressed.
• The incident reporting policy was added as an attachment because the FTCA
would like to know what the mechanism is for tracking incidents and what is done
with the information.
• An attachment was added for integration and coordination. This attachment
shows the integration between risk management, Ql, and corporate compliance.
The Executive Director gave examples of questions on the 24 page question sheet that
is required to be completed for FTCA certification. Dr. VanSickle inquired as to why
FTCA certification is needed. The Executive Director advised the CHC is paying for
medical malpractice insurance right now but if FTCA deemed they would cover the cost
of the insurance. The Quality and Risk Management Officer pointed out it also
minimizes risk if FTCA deemed because the federal government would be responsible
instead of the CHC.
The Executive Director interviewed four prospective Advance Practice Registered
Nurses (APRNs). She hopes to make conditional offers of employment to two of the
applicants next week. Sarah Lott, PA, and intermittent Provider, has submitted
resignation for the end of July. A contract has been established with Dr. Steven
Gordon. He will start in July and will see patients two to three days a week until a full
time Medical Director is hired. The intent is for Dr. Gordon to see patients coming out of
the hospital, patients who have emergency room (ER) follow ups, and patients who are
unable to be seen by their primary care Provider with acute needs.
There has been a delay from Cenpatico in credentialing CHC Providers which has
resulted in not being able to bill for services since January and the Executive Director
has a meeting scheduled with the Vice President. The discussion will be focused on
how to get the CHC paid for services while the contract is being worked on. The
Executive Director is going to review the draft of a formal grievance with them.
Depending on the results of the meeting, it may be taken to the next step and she is
working with county legal on this.
An internal work team is meeting this month to finish the Health Homes Preparedness
Tool to submit to the Managed Care Organizations (MCOs). The Executive Director is
considering only working with one MCO initially to work through processes. Valeo is
contracting to be a health home and the Executive Director has had preliminary
discussions regarding process development consistent across organizations.
There were initial discussions with Family Service and Guidance Center (FSGC)
regarding setting up a satellite clinic focused on the pediatric population. With the
organizational changes taking place in the near future, it was decided not to open up a
satellite clinic but further discussion involves hiring an APRN and sharing the cost with
FSGC. FSGC would use the Provider for support with the health home efforts and the
CHC would use the Provider for support with primary care.
When the 330 grant approval was received, there was one condition noted pertaining to
county audit finance and the 2012 audit. The findings associated with the 2012 audit
were submitted to the Electronic Handbook.
Through the Affordable Care Act (ACA), the Health Resources and Services
Administration (HRSA) will award approximately $300 million in Health Center
Expanded Services supplemental funding in fiscal year 2014. The intent is to increase
access to primary care services such as oral health, behavioral health, pharmacy,
and/or vision services at existing health center sites. A formula was used to determine
that the SCHA is eligible to request up to $201 ,408. At least 50% of the funding
awarded must be used to expand medical capacity. There is a local ophthalmologist
interested in contracting with the CHC so that may be a possible use for supplemental
funding as well as dental services. It is still to be determined if these services are
possible based on the current Scope of Service. Adding additional staff to expand
evening hours is being looked at as well.
The Executive Director presented an article regarding change and how to find a good
balance between the feelings of being overwhelmed along with feelings of excitement.
A speaker will attend the supervisor-management training in July who will be talking
about the change cycle and how to work through it.
National Health Center week is August 10-16, 2014. The Public Information Officer has
been working to schedule events and activities for that week. Last year, staff members
attended the Board meeting to receive recognition for their hard work. The Executive
Director would like to do that this year also· so she asked Board members to approve
moving the August CHC Board meeting to August 12, 2014 instead of August 5, 2014.
There will be a farmer's market in the parking lot of the California Clinic on August 12,
2014 from 5:00pm to 7:00pm.
Sylvia Herrmann made a motion to move the full CHC Board meeting from
August 5, 2014 to August 12, 2014 and to move the QA Committee meeting from
August 12, 2014 to August 5, 2014. Tanya Tostado seconded the motion.
Motion carried.
Starting in August, there will be a "Meet and Greet" for pregnant patients of the M&l
clinic to establish primary care for newborns when they are born. Dr. Kare Lyche will be
hosting these meetings at the California Clinic and Breanna Gibbs, PA will be hosting
them at the Main Office.
NEW/MISCELLANEOUS BUSINESS
The Quality and Risk Management Officer reviewed the details of PCMH Standard 4
and Standard 5 with Board members. Standard 4 focuses on providing self-care
support and community resources. The must pass element focuses on supporting the
self-care process. Standard 5 focuses on tracking and coordinating care. The must
pass element for this standard focuses on referral tracking and follow-up. The Division
Manager and the Program Medical Assistants (PMAs) worked together to develop a
process of tracking referrals throughout the Electronic Health System (EHS).
The Board members reviewed the current version of policy 03.18 Credentialing and
Privileging. This sentence will be added to the policy, "An appeal of denial of privileges
may be made in writing to the Chair of the Board of Directors and the CHC Medical
Director."
Kim Hodgson made a motion to approve policy 03. 18 Credentialing and
Privileging with revisions. Sylvia Herrmann seconded the motion. Motion
carried.
Board members reviewed the next three policies listed on the agenda. They are 20.25
Referral Tracking, 20.26 Hospitalization Tracking, and 20.27 Diagnostic Tracking. The
Executive Director explained the only change regarding these policies is that they were
broken down into three separate policies instead of addressing referral, hospitalization,
and diagnostic tracking in one policy.
Walt Stevenson made a motion to approve policy 20.25 Referral Tracking. Kim
Hodgson seconded the motion. Motion carried.
Tanya Tostado made a motion to approve policy 20.26 Hospitalization Tracking.
Walt Stevenson seconded the motion. Motion carried.
Tanya Tostado made a motion to approve policy 20.27 Diagnostic Tracking.
Walt Stevenson seconded the motion. Motion carried.
Board members reviewed the QI/QA plan during the Executive Director's report
previously in the meeting.
Sylvia Herrmann made a motion to approve the revised QIIQA Plan. Tanya
Tostado seconded the motion. Motion carried.
Board members reviewed Dr. Steven Gordon's privileging form. The form outlines the
procedures in which the Provider is willing and capable of doing.
Walt Stevenson made a motion to approve Dr. Steven Gordon's privileging form.
Sylvia Herrmann seconded the motion. Motion carried.
ADJOURN
The meeting was adjourned at 12:03pm.
Minutes taken by Elly Shughart
Reviewed by:
CHC Board Chair
CHC Executive Director
Shawnee County
Office of County Clerk
CYNTHIA A. BECK
785-233-8200, Ext 4155
Fax 785-291-4912
Website: http://www.co.shawnee.ks.us
Courthouse - Room 107
Topeka, Kansas 66603-3963
MEMORANDUM
TO:
Board of County Commissioners
FROM'
Cynthia A.
RE:
Litigation
DATE:
June 26, 2014
Bec~unty
Clerk
Please acknowledge receipt of Summons in
District Court of Shawnee County, Kansas:
the
following
)
cases
in
the
CASE J:-.iO: 2014CV531 Quest Credit Union vs. Board of County Commissioners of
Shawnee County, Kansas et. al.
CASE NO: 2014CV451 Bank of America, N.A. vs. Shawnee County, Kansas et. al.
CASE
NO:
2014CV560
U.S.
Bank Trust,
N.A.,
vs.
Board of
County
Commissioners of Shawnee County, Kansas et. al.
CASE NO: 2014CV587 Briarwood Condominium Association, Inc. vs. Board of
County Commissioners of Shawne.e Co1:mty, Kansas et. · al.
which were received in th~ office of the Shawnee County Clerk and
forwarded to the County Counselor on this date.
Attachment
l'i'~li
PREPARED BY:
'ei.J.!i·~
Patricia A. Reeder, # 10341
WONER, GLENN, REEDER& GIRARD, P.A.
P.O. Box 67689
5611 S. W. Barrington Court South
Topeka, KS 66667-0689
(785) 235-5330; (785) 235-1615 (fax)
Attorneys for Quest Credit Union
.
JUN 18 2014
SHAVJNEE COUNTY CLERK
IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS
DIVISION 6
QUEST CREDIT UNION,
1(:</0a.m ~
)
Plaintiff,
vs.
JESSICA MCCOURT and KYLE lAMS,
CO-ADMINISTRATORS OF THE ESTATE OF
JULIA ANN CHATHAM, DECEASED; the
UNKNOWN HEIRS AT LAW, IF ANY, OF
THE ESTATE OF JULIA A. CHATHAM a/k/a
JULIA ANN CHATHAM, DECEASED, et al.
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 2014 CV 531
Title to Real Estate Involved
SUMMONS
To the above-named Defendant:
Board of County Commissioners of Shawnee County, Kansas
c/o One of the county commissioners or the county clerk
or the county treasurer of Shawnee County, Kansas
Shawnee County Courthouse
200 S.E. 7th Street
Topeka, Kansas 66603
You are hereby summoned and required to serve upon Patricia A. Reeder, Woner, Glenn,
Reeder & Girard, P.A., 5611 SW Barrington Court South, P.O. Box 67689, Topeka, Kansas 666142489, counsel for the plaintiff, Quest Credit Union, an answer or response to the Amended Petition
which is herewith served upon you, within 21 days after service of this summons upon you,
exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for
the relief demanded in the Petition. Your pleading must also be filed with the Court. As provided in
subsection (a) ofK.S.A. 60-213, and amendments thereto, your answer must state as a counterclaim
any related claim which you may have against the plaintiff Quest Credit Union, or you will thereafter
be barred from making such claim in any other action.
0024120l.DOC
FILED BY CLERK
K_.S. DISTRICT COURT
TJiiRD JUDICIAL DIST.
PREPARED BY:
Patricia A. Reeder, # 10341
TOPEKA. KS.
WONER, GLENN, REEDER & GIRARD, P.A.
P.O. Box 67689
5611 S.W. Barrington Court South
Topeka, KS 66667-0689
(785) 235-5330; (785) 235-1615 (fax)
Attorneys for Quest Credit Union
.
ZOI~ JUN 1b p 3: 54
DIVISION6
QUEST CREDIT UNION,
)
)
Plaintiff,
)
)
vs.
)
)
JESSICA MCCOURT and KYLE IAMS,
)
CO-ADMINISTRATORS OF THE ESTATE OF )
JULIA ANN CHATRAM, DECEASED; the
)
)
UNKNOWN HEIRS AT LAW, IF ANY, OF
THE ESTATE OF JULIA A. CHATHAM a/kla
)
JULIA ANN CHATHAM, DECEASED;
)
BARBARA WILHELM, TERRI ARACE, SHERR!)
HALL, and NORLENE IAMS, the KNOWN
)
HEIRS AT LAW OF THE ESTATE OF JULIA A. )
CHATHAM a/kla JULIA ANN CHATHAM,
)
DECEASED; the UNKNOWN SPOUSE, if any,
)
)
OF ANY DEFENDANT; JOHN DOE and/or
JANE DOE. (Real Names Unknown;
)
Tenants/Occupants of 9032 SW 22nd St., Topeka, )
KS 66614); and the BOARD OF COUNTY
)
COMMISSIONERS OF SHAWNEE COUNTY,
)
KANSAS,
)
Defendants.
)
Case No. 2014 CV 531
Title to Real Estate Involved
AMENDED PETITION
(Pursuant to K.S.A. Chapter 60)
COMES NOW Quest Credit Union ("Quest"), by and through its attorneys, Woner,
Glenn, Reeder & Girard, P .A., and for its cause of action against the defendants, and each of
them, alleges and states:
1.
Quest is now and was at all times mentioned herein a member owned financial
cooperative organized and existing under and by virtue of the laws of the State of Kansas, with
00241198.DOC
{'
SHAWNEE COUNTY CLERK
CIVIL DEPARTMENT
Bank of America, N.A.
Plaintiff,
Case NoJo14CV451
VS.
Court Number: 7 ·
Shawnee County, Kansas,
c/o County Clerk
200 SE 7th Street, Room 107
Topeka,KS 66603
Defendants.
Pursuant to K.S.A. Chapter 60
SUMMONS
To the above:-named defendant:
You are notified that an action has been commenced against you in this court. You are required
to file your answer to the First Amended Petition with the court and to serve a copy upon the
plaintiff's attorney as follows: Blair Gisi, c/o South & Associates, P.C., 245 N. Waco, Suite
410, Wichita, KS 67202 within 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 pleadings attached and incorporated by reference. Any related claim which you may
have against the plaintiff must be stated as a counterclaim in your answer, or you will thereafter be
\l\STJ?r.c
barred from making such claim in any other action.
~c
~
Clerk f ~!). e Dis rict
_1)1
_
By:
Deputy
SPECIAL PROCESS SERVER'S RETURN
, 20_,
I certify under penalty of perjury that on the _ _ day of
summons, together with a copy of the First Amended Petition, to the defendant name~_......,_ •..,..
. o Personal Service
o Residential Tack and 1st Class Mailing
o Registered Agent/Anyone Authorized to Accept Service
o No Service (Occupied)
o No Service (Vacant) o No Such Person
o Residential Service to Member of the Household
of Suitable Age and Discretion
at
at _ _ a.m./p.m. in the County of
, State of Kansas.
~
Signature
Title
1 1 1 1 1 1 1 1 1 1 1 1 1~
File No. 167592
Invoice No. 167592-690694
111111111111111111111111/11111111111111111111111
•
)>
(!
~
~
'frt.Ecr 9Y ClER'K"
KS. DISTRICT COURf
·THJRD JUDICIAL OIST.
TOPEKA, KS. .
zn 1~ JUN ' b A q: 2 1 ~
CIVIL DEPARTMENT
Bank of America, N.A.
Kurtis J. Adams;
Rebecca A Adams;
John Doe (Tenant/Occupant); .
Mary Doe (Tenant/Occupant);
Bridget Dorothy Adams a/k/a Bridget Dorothy Baranek;
Shawnee County, Kansas, •
and
the
unknown
heirs,
executors,
administrators, devisees, trustees, creditors and
assigns of any deceased defendants; the
unknown spouses of any defendants; the
unknown officers, successors, trustees, creditors
and assigns of any defendants that are existing,
dissolved or dormant corporations; the unknown
executors, administrators, devisees, trustees,
creditors, successors and assigns of any
defendants that are or were partners or in
partnership;
the
unknown
guardians,
conservators and trustees of any defendants that
are minors or are under any legal disability; and
the unknown heirs, executors, administrators,
devisees, trustees, creditors and assigns of any
person alleged to be deceased, and all other
persons who are or may be concerned.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Defendants.
)
Plaintiff,
vs.
Case No. 14CV451
Court Number: 7
Pursuant to K.S.A. Chapter 60
)
1
File No. 167592 IIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIInllllll
Invoice No. 167592-690694
COPY
FIRST AMENDED PETITION TO FORECLOSE MORTGAGE
COMES Now the Plaintiff, Bank of America, N.A., and for its First Amended Petition,
states additionally:
1. Plaintiff's original Petition to Foreclose Mortgage was filed on May 7, 2014. Paragraphs
1-16, are hereby incorporated by reference as though they were fully set forth below, except as
amended or corrected herein. A copy of the original petition is attached hereto as Exhibit "A"
and incorporated by reference.
2. Plaintiff seeks to serve by publication all those parties as set forth in K.S.A. §60-307.
3. Shawnee· County, Kansas has been named by virtue of a Special Assessment for Weeds
recorded in the District court of Shawnee County, Kansas, in Book 4833, at Page 13, in the
amount of $306.00. Shawnee County, Kansas may claim an interest in the Property, but any
such claim would be junior or inferior to Plaintiff's Mortgage.
WHEREFORE, Plaintiff renews its prayer for relief as contained in its original petition as
though fully set out in this pleading.
South & Associates, P.C.
THE LAW FIRM OF SOUTH & ASSOCIATES, P.C., A DEBT COLLECTOR, IS ATTEMPTING
TO COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT
AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT
PURPOSE.
File No. 167592
2
COPY
'fiL£0 BY C:LER~
K s OISTRIClCOURr
Shawn Scharenborg, KS # 24542
Eric M. Lemp, KS # 26178
KelliN. Breer, KS # 17851
Kozeny & McCubbin, L.C. (St. Louis Office)
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
Phone: (314) 991-0255
Fax: (314) 567-8006
K&M File Code:MCMSTCHL
tHlRD JUDICIAL OIST.
TOPEKA. KS.
ZOl~ JUN 11 P 2: 2 3
U.S. Bank Trust, N.A., as Trustee for LSFB Case No.
Master Participation Trust, by Caliber
Div.No. _ __
Home Loans, Inc., as its attorney in fact,
Plaintiff,
VS.
Janell McMillan
S€irve-at
2226 Sw Burnettt Rd
Topeka, KS 66614
Stephen McMillan
Serve at:
2226 Sw Burnettt Rd
Topeka, KS 66614
Debacker's, Inc.
Serve at:
c/o Flora Debacker
727 Lafayett PI
Topeka, KS 66607
The Board of County Commissioners of the County of Shawnee, Kansas Office of the
Shawnee County Clerk
Serve at:
200 E 7th
Room 107
Topeka, KS 66603
111111111 1m
* K M
~ Il ~ 1 1 1 ~1 1 1 1 1 1 1 Il ~
9
1111111111
0
0
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6
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Unknown Occupant
Serve at:
2226 Sw Burnett Rd
Topeka, KS 66614
Defendants.
Petition Pursuant to K.S.A. Chapter 60
PETITION FOR FORECLOSURE OF MORTGAGE
COMES NOW, Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation
Trust, by Caliber Home Loans, Inc., as its attorney in fact, 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 foreclo~~r~ qfa. ____ _
- . -- -·
·-- . - - - .
-- - -·- --- --- -.
- -- -- ---- - . - - -- - - . mortgage on certain real estate located in the County of Shawnee, State of Kansas.
3. On or about July 6, 2007, Janell McMillan, Stephen McMillan [hereinafter "Borrower(s)'1
borrowed money from, executed and delivered to BENEFICIAL KANSAS INC., a Note, payable
in monthly installments, in the original principal sum of $105,116.53, 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 BENEFICIAL KANSAS INC., a Mortgage of the same date upon the
following described real estate:
LOT 2, EXCEPT THE EAST 5 FEET THEREOF, IN BURNETI ROAD SUBDIVISION
NO.1, IN THE CITY OF TOPEKA, IN SHAWNEE COUNTY KANSAS.
known and numbered as 2226 Sw Burnett Rd, Topeka, KS 66614. The Mortgage was duly
recorded on July 16, 2007, in the Office of the Register of Deeds of Shawnee County, Kansas,
1111~111111 ~ II~ Il ~ II~ IIIII III~ Ill~ 11111111~
*
K
M
9
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0
7
6
0
7
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*
3
in Book 4507 Page 25. 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 LSF8 Master Participation Trust, by Caliber Home
Loans, Inc., as its attorney in fact is the current legal holder of the debt, and possesses all
rights, including the right of enforcement of the Note and Mortgage.
6. Borrower(s) have failed and refused to make the payments as provided for in the Note and
Mortgage, and said contracts are delinquent and the last payment received was the payment
due October 1, 2013 and Borrower(s) remains due for all payments and interest from that date
forward. For this reason, the Note and Mortgage are in default and Plaintiff has elected to
accelerate the maturity date of the contracts pursuant to their terms and declare the entire
indebtedness due and payable as follows:
--- - - - - - - -
·~-------
------------
a. the unpaid principal balance due on the Note in the sum of $99,685.33;
b. the unpaid interest accruing at 11.40000 percent per annum from October 1,
2013;
c. any accrued late charges;
d. any amount paid by Plaintiff for property inspections, BPOs, maintenance
expenses, insufficient funds charges, or other escrow advances, if applicable;
e. all sums paid by Plaintiff for bankruptcy attorney fees and court costs, if
applicable;
f. all sums advanced or to be advanced by Plaintiff prior to sale for real estate taxes
and hazard insurance premiums;
g. all sums advanced by Plaintiff for service fees, title expenses, plus the costs of this
action, including reasonable attorney fees, if allowable.
7. Due to the default in payment of the Note and Mortgage, Plaintiff is entitled to foreclosure of
1111111111m
* K M
~1 1~1 1~1 1~1 1 1 t~ltl l l l l~ 111~ 111111
9
0
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6
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·-~--
--
~o< fiLED BY CLER~
... S. DISTRICT COU
THIRD JUDICIAL 01
TOPEKA, KS.
lOJ~ JUN 23 A C):
BRIARWOOD CONDOMINIUM ASSOCIATION, INC.,
Plaintiff,
CaSe No. 2014- C\1
S.:O]
v.
MICHAEL C. LEBBERT,
THE BOARD OF COUNTY COMMISSIONERS
OF SHAWNEE COUNTY, KANSAS, AND THEIR
KNOWN OR UNKNOWN HEIRS, ASSIGNS,
DEVISEES, CONSERVATORS, EXECUTORS,
CREDITORS OR TRUSTEES, AND UNKNOWN
OCCUPANTS
Defendants.
PETITION
(Pursuant to K.S.A., Chapter 60)
COMES NOW the Plaintiff, by and through its attorneys, Stumbo Hanson, LLP, and for its
cause of action against the above-named Defendants, states and alleges as follows:
COMMON ALLEGATI9NS
1.
The
Plaintiff,
Briarwood
Condominium
Association,
Inc.
(hereinafter
"Briarwood"), is a du1y organized and existing cotporation under and by virtue of the State of
Kansas, with its correct business address being P.O. Box 1884, Topeka, Kansas 66614.
2.
The Defendant, Michael C. Lebbert, is a resident of Shawnee County, Kansas, and
may be personally served with a Summons and a copy of the Petition at the following address:
3121 SW Briarwood Plaza, #308B, Topeka, Kansas 66611.
3.
The Defendant, the Board of County Commissioners of Shawnee County, Kansas,
may be served with a Summons and copy of the Petition by serving the County Clerk at the
Courthouse, 200 SE 7th Street, Topeka, Kansas.
.,_
'-,·
4.
All other Defendants named in this suit may be served with notice of this hearing by
publication, to be performed by the Plaintiff. Despite reasonable efforts and due diligence, the
Plaintiff is unable to discover the address of those unknown persons who may claim title to the
property, but the same may be served in accordance with K.S.A. §60-307.
5.
That on or about the 9th day of February, 1981, the Plaintiff filed a Declaration of
Condominium of Bria.rWood Condominium as amended and adopted (hereinafter "the
Declaration"), with the Shawnee County Register of Deeds, attached hereto as Exhibit "A". The
Declaration was filed pursuant to K.S.A.§ 58-3101 et. seq. The Declaration andK.S.A. §58-3108
provide that the Association may adopt by-laws to control the condominium subject to its power
and control.
6.
That on or about the 9th day of March 1995, the Defendant, Michael C. Lebbert,
purchased real property (hereinafter "the Subject Property") described to wit:
Condominium Apartment Unit No. 308, located a(3121 SW Mac Vicar Avenue
(Building "B"), BRIARWOOD CONDOMINIUMS, in the City of Topeka,
Shawnee County, Kansas, a condominium according to the Declaration of
Condominium filed February 9, 1981, recorded in Condominium Book 12, Page
220 of the Condominium Records at the Register of Deeds of Shawnee County,
Kansas, and all amendments thereto, together with it proportionate interest in the
common areas and facilities.
Subject to the Declaration of Condominium ofBriarwood Condominiums. The Subject Property
was purchased subject to those restrictions pursuant to K.S.A. § 58-3107.
7.
Article 8, Subsection 2, Part (a) titled "Share of Common Expenses" of the
Declaration provides that "each apartment owner shall be liable for a proportionate share of the
2
common expenses ofthe condominium complex." Additionally, Article 8, Subsection 2, Part (c)
;:;:,
titled "Lien for Assessments" of said Declaration provides that all assessed, but unpaid, allocations
of common expenses charged to the condominium owner shall constitute a lien on said
condominium, which may be foreclosed "in like manner as a mortgage on real property."
8.
Subsequent to purchasing the Subject Property subject to the Declaration the
Defendant has failed to pay common expense fees and assessments for the Subject Property.
9.
On January 24, 2012 a demand letter was sent certified mail, return receipt
requested to the Defendant, Michael C. Lebbert, the owner of the subject property as provided by
the Shawnee County Treasurer's website and as reflected by the Shawnee County Appraiser's
Office. There was no response from the Defendant to the demand letter.
10.
On February 28, 2012, Plaintiff caused to be filed a Petition in the District Court of
Shawnee County, Kansas (Case No. 12-L-3130) praying for judgment against the Defendant,
Michael C. Lebbert, for unpaid fees, assessments, interest, for its costs, and for reasonable
attorneys' fees pursuant to Article 14 of the DeclaratiOn of Condominium of Briarwood
Condominiums.
11.
The Plaintiff issued a Summons for the Defendant, Michael C. Lebbert, to appear
on April3, 2012 at the limited actions docket. The Defendant, Michael C. Lebbert, did appear at
said docket and a Journal Entry of Judgment was subsequently entered April 5, 2012.
12.
On April 4, 2012, a lien was filed with the Shawnee County District Court and
docketed as 12-LN-84. A copy of said lien is attached hereto as Exhibit "B".
Said lien
evidenced $1,131.55 of unpaid fees and expenses lawfully assessed against the Subject Property.
3
Shawnee County
Office of County Counselor
RICHARD V. ECKERT
County Counselor
200 SE 7th St., Ste. 100
(785) 233-8200 Ext. 4042
Fax {785) 291-4902
MEMORANDUM
TO:
Board of Shawnee County Commissioners
FROM:
Jonathan C. Brzon, Assistant Shawnee County Counselor /
DATE:
June 26, 2014
RE:
Request to Authorize Payment of Final Expenses for David Campos
p:"'
Please add this item on the Thursday, July 3, 2014 Commission consent agenda.
The Shawnee County Coroner's Office has an unclaimed body requiring disposition at this time.
The body at issue is that of David Campos, a 57 year old male who was found unresponsive in
his home by his friend on February 6, 2014. According to the Shawnee County Coroner's
Office, Mr. Campos' friend called 911 and Mr. Campos was pronounced dead by Topeka Fire
Department on February 6, 2014. There was no trauma or foul play suspected and this appeared
to be a natural death.
The Shawnee County Coroner's Office was able to contact Mr. Campos' sister who lives in
Kansas City; however she is unable to financially handle any final arrangements. Mr. Campos
also has a brother, however he is mentally challenged and Mr. Campos was his brother's
caregiver. No other next of kin were found and the Coroner's Office has exhausted all efforts.
Our cost for cremation through Penwell-Gable Midtown Chapel/Shared Mortuary Services is
$350.00. Pursuant to K.S.A. 22a-215, if a body is unclaimed, the state or county officer
responsible for the final disposition of the deceased person may authorize and order the
cremation or burial of the deceased person. In the case that no assets are found with the body, or
if such assets are not sufficient to cover the costs of disposition of the body, burial expenses are
to be paid from the County general fund. Mr. Campos did have $279.00 on his person at the
time of death which can be put towards the disposition costs.
This request for final expenses is for the full $350.00 cost. The funds in Mr. Campos' possession
at the time of his death will be deposited into the County's general fund to cover a portion of the
costs.
APPROVAL OF THIS CONSENT ITEM WOULD DO THE FOLLOWING:
1.
AUTHORIZE PAYMENT IN THE AMOUNT OF THREE HUDREND
FIFTY AND N0/100 DOLLARS ($350.00) TO BE DISBURSED FROM
THE COUNTY'S GENERAL FUND TO PAY FOR THE FINAL
DISPOSITION AND TRANSPORTATION EXPENSES OF DAVID
CAMPOS.
By copy of this memorandum I am notifying the Shawnee County Coroner's Office of the
above-recommended action. If you have any questions, please contact me.
JCB/mlb
C:
Richard V. Eckert, Shawnee County Counselor
Dr. Charles F.K. Glenn, Shawnee County Coroner
j
Shawnee County
RICHARD V. ECKERT
County Counselor
MEMORANDUM
200 SE 7th St., Ste. 100
(785) 233-8200 Ext. 4042
Fax (785) 291-4902
J (/J
TO:
FROM:
Jonathan C. Brzon, Assistant Shawnee County Counselor
DATE:
June 26, 2014
RE:
Request to Authorize Payment of Final Expenses for Ricky Joe Hanson
The body at issue is that of Ricky Joe Hanson, a 59 year old paraplegic male who was a resident
of Countryside Nursing Home. According to the Shawnee County Coroner's Office, Mr. Janson
was taken to Stormont Vail Healthcare Emergency Room on March 26, 2014 and was
pronounced dead later that day. Mr. Hanson had a past history of paraplegia, chronic obstructive
pulmonary disease, hypothyroid, psychiatric issues, pneumonia, brain, back, ankle and neck
surgeries. There was no recent trauma or foul play suspected and this appeared to be a natural
death and Mr. Hanson's primary care physician agreed to sign the death certificate.
This was not a Shawnee County Coroner's case. Stormont Vail was unable to contact any next
of kin so they relinquished Mr. Hanson to the Shawnee County Coroner's office to handle
disposition. Stormont Vail agreed to reimburse the county for cremations costs and transport
fees.
Mr. Hanson listed a sister in Lake Winnebago, MO as an emergency contact. During their
investigation, the Shawnee County Coroner's Office discovered that she passed away in 2010.
The Coroner's office found and attempted to speak with her two sons but discovered that the
family was estranged from Mr. Hanson. No other next of kin were found and the Coroner's
Office has exhausted all efforts.
to be paid from the County general fund.
1
Countryside Nursing Home contacted the Coroner's office indicating that Mr. Hanson had
received a check from Medicare in the amount of $939.78. After verifying the funds do in fact
belong to Mr. Hanson and verifying that the nursing home was not owed any outstanding
balance, Countryside offered to make a check out to the Shawnee County Coroner's office.
These funds can be used to reimburse the county for cremation and transport fees.
This request for final expenses is for the full $350.00 cost. The funds that were turned over to
the County from the nursing home will be deposited to the County general fund to cover these
disposition costs. The excess funds ($589.78) will be held until they are claimed or until one (1)
year passes at which time the fund will be sent to the State Treasurer as unclaimed funds.
1.
AUTHORIZE PAYMENT IN THE AMOUNT OF THREE HUNDRED
DISPOSITION AND TRANSPORTATION EXPENSES OF RICKY JOE
HANSON.
JCB/mlb
C:
Dr. Charles F .K. Glenn, Shawnee County Coroner
Shawnee County
RICHARD V. ECKERT
County Counselor
200 SE 7th St., Ste. 100
(785) 233-8200 Ext. 4042
Fax (785) 291-4902
MEMORANDUM
TO:
FROM:
Jonathan C. Brzon, Assistant Shawnee County Counselor
DATE:
June 26, 2014
RE:
Request to Authorize Payment of Final Expenses for Sheila Ann O'Neil
The body at issue is that of Sheila Ann O'Neil, a 79 year old woman who lived alone on SE
Quincy Street in Topeka. According to the Shawnee County Coroner's Office, Kansas Gas
Service attempted to make contact with Ms. O'Neil to turn on the gas but were unable to contact
her. A representative from Kansas Gas called the Topeka Police and asked for a welfare check.
On April21, 2014, Topeka Police gained entry to Ms. O'Neil's residence and discovered her on
the bedroom floor and AMR pronounced her dead on April 21, 2014. There was no recent
trauma or foul play suspected.
According to the Shawnee County Coroner's Office the only contact Ms. O'Neil appeared to
have was a grade school friend, Ms. Salazar, who lives in Albuquerque, New Mexico. Ms.
Salazar was unable to provide any family information and she did not believe Ms. O'Neil had
any siblings. The County Coroner's Office was able to confirm that Ms. O'Neil's mother, Edna,
is also deceased. No other next of kin were found and the Coroner's Office has exhausted all
efforts.
to be paid from the County general fund. Cash in the total amount of $1,800.00 was found in
Ms. O'Neil's residence at the time of her death.
This request for final expenses is for the full $350.00 cost. The funds in Ms. O'Neil's possession
at the time of her death will be deposited in the County's general fund to cover these disposition
costs. The excess funds ($1,450.00) will be held until they are claimed or until one (1) year
passes at which time the fund will be sent to the State Treasurer as unclaimed funds.
(
1.
AUTHORIZE PAYMENT IN THE AMOUNT OF THREE HUNDRED
DISPOSITION AND TRANSPORTATION EXPENSES OF SHEILA ANN
O'NEIL.
JCB/mlb
C:
Dr. Charles F .K. Glenn, Shawnee County Coroner
····~··
Shawnee County
Office of County Clerk
1
CYNTHIA A. BECK
785-233-8200, Ext 4155
Fax 785-291-4912
Website: http//www.snco.us
RESOLUTION NO.
200 SE 7th Street • Room 107
-:l.o I 'f- 5 J
BE IT RESOLVED BY THE BOARD OF COUN1Y COMMISSIONERS OF SHAWNEE COUNlY, KANSAS
sitting in regular session this _ _ _ day of _ _ _ _ __, 2014, that the Shawnee County
Clerk be authorized and directed to cancel the following check(s):
NAME OF VENDOR
Morgan Hall Law LLC
Morgan Hall Law LLC
Morgan Hall Law LLC
Morgan Hall Law LLC
Morgan Hall Law LLC
Morgan Hall Law LLC
FUND
CHECK
10CTOOO
10CTOOO
10CTOOO
10CTOOO
10CTOOO
10CTOOO
40018391
40020186
40021447
40022820
40024539
40025971
AMOUNT ISSUED
REASON
$3,000.00 01/24/14 Check issued in error
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
02/26/14
03/21/14
04/23/14
05/28/14
06/25/14
\\
\\
\\
\\
\\
BOARD OF COUN1Y COMMISSIONERS
SHAWNEE COUN1Y, KANSAS
Robert E. Archer, Chair
Kevin J. Cook, Vice Chair
Michele A. Buhler, Member
ATTEST:
Cynthia A. Beck, County Clerk
\\
\\
\\
\\
\\
Shawnee County
Topeka, Kansas
(785) 233-8200 ext. 4159
PAY THREE Thousand Dollars
and\f~ \
TO THE MORGAN HALL LAW LLC.
ORDER
OF
36-1901/1012
UMB.
2/26/14
. VOID IF NOT
COUNTYTREASURER
5301 SW 25TH ST
TOPEKA, KS 66614
COUNTYa.ERK
Shawnee County
Topeka, Kansas
(785) 233-8200 exl4159
40020186
*******3,000.00
SHED WITHIN 180 DAYS
__.i..~st:-L.J.L.-...!~~~-
___._,~~·¥"''*'~#'~~~,£~
36-1901/1012
UNI&.
04/23/14
PAY
THREE Thousand Dollars and ZERO Cents
TOTHEMORGAN HALL LAW LLC
ORDER
<
OF
5301 SW 25TH ST
TOPEKA, KS 66614
Shawnee County
Topeka, Kansas
36-1901/1012
UMB.
(785) 233-8200 ext. 4159
05/28/14
PAY
THREE Thousand Dollars and ZERO Cents
TO THE MORGAN HALL LAW LLC
ORDER
OF
5301 SW 25TH ST
TOPEKA, KS 66614
Shawnee County
Topeka, Kansas
(785) 233-8200 exl4159
PAY
THREE Thousand Dollars and ZERO CR_ \
TO THE
ORDER
OF
UMB.
MORGAN HALL LAW LLC
5301 SW 25TH ST
TOPEKA, KS 66614
\)
\)
36-1901/1012
AFFIDAVIT FOR STOP PAYMENT ON LOST WARRANT
K.S.A. 10-706
she
resides
------·
....M~o~ro~~og.!:::a~n...;H~a::.:l~l=-=L::::aw..::.....;L:::::L::::C::...__ _ _ _ _ _ _ _ _states
...::5::..::3~0'-=l~SW!!......:2::..:5~t:::h:......:::S..::.t_ _ _ _ _in
, Kansas
Topeka.
(address)
at
, and is the owner and titled
(state) 66614
(city)
to the possession of a certain warrant issued by the County of Shawnee, State of Kansas, through the
County
Clerk
of
-aggrs139lf_ _ _--'in
_4.;..:::..:~2:..=...;4..:.4.:..7
.January 24 I
20...li_, and numbered
March 21:. 2014
the amount of $3,000.00 I $3,000.00 , and payable ·from the
said
County,
dated
-'1=-=0:..:::CT-=.0;::.;0::..::0'---------'fund. numbered _ _ _ _ _ _ _ _ _ of said County, which warrant
(no. of fund)
on the 24th
day of January
was issued to Morgan Hall
Law LLC
21st
March
CountyClerkinpaymentfor monthly court ap:pointed attorney fees.
' 20 14 ' by said
20"I1t
for misd./juvenile appointment
AFFIANT further states that on or about the
30
day of
June
, 20li__, said warrant
was lost, d~stroved or: st);llen in the following manner:
poss€.::-don
an 0 tc1.u-:=
AFFIANT further states that she
has not disposed of said ~t to any other person or
persons, nor given any person or persons, any transfer, power of attorney, order or other authority of any
kind or nature to ~"'fer, or dispose of the said warrant; and further states that he makes this statement
of the above facts, for the purpose of inducing the said County Clerk to issue to this affiant a replac~ment
warrant in place of the said warrant described and number as above.
STATE OF KANSAS
~
)
) SS:
COUNTY OF SH.A.. WNEE)
·J.
__t:J_A.
____day of~
Subscribed and sworn to before me this _ _ _
20
/#.
My Commission E~ the
/
day of ;
n?
~[, 20_ft_.
0
Please complete this form and mail to:
Cynthia A. Beck, SHAWNEE COUNTY CLERK
SHAWNEE COUN1Y COURTHOUSE, R.M. 107
Topeka, KS 66603
RECEIVED BY COUNIY TREASURER
NAN.ffi________________________
DATE_______________________
RHONDA REYNOLDS
My Appoin!menl Expires
January 5, 201B
.A.ddtoss2:
City:
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C.Ountry:
· · · · ·~
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Status: J!S
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Reversal Job: [ OOOJO·OOC•:IO!
Warr.ant
Address4
City:
I
St
Shawnee County
200 SE 7th St., Ste. 100
(785) 233-8200 Ext. 4042
Fax (785) 291-4902
RICHARD V. ECKERT
County Counselor
MEMORANDUM
TO:
FROM:
DATE:
June 25, 2014
RE:
Offer To Purchase County-Owned Property Pursuant To K.S.A. 79-2804f
(J/iZ_
Please place the following item on the Thursday, July 3, 2014 Commission agenda:
Please be advised our office has received an offer from The Eastside Church of God in Christ
to purchase the following County-owned property pursuant to K.S.A. 79-2804f:
PARCEL ID N 0.
LEGAL DESCRIPTION
OFFER FOR
PROPERTY
1320401017002000
Lots 900 and 902, Gilmore Street, Irving
Place, a Subdivision in the City of Topeka,
Commonly
Shawnee County, Kansas.
known as 902 Southeast Gilmore Avenue.
$125.00
The County acquired the above-referenced parcel on April 13, 2011 at a judicial tax
foreclosure sale. This parcel is a vacant lot that is approximately 55 x 135 feet. The house
that was on the property was demolished in 2006 (see aerial view attached).
If you vote to approve the sale of this parcel, please also give the County Clerk the authority to
execute the appropriate documents to effectuate the sale. Thank you for your consideration of
this matter. By copy ofthis memorandum, Mr. Ben J. Scott with The Eastside Church of God
in Christ is notified of the 9:00A.M. meeting.
RVE/mlb
Attachment
C:
The Eastside Church of God in Christ, Attn: Ben J. Scott, 2724 SE
Kansas 66607
lOth
Street, Topeka,
Printed: 06/25/2014 09:47
902 SE Gilmore Ave
DISCLAIMER: This map is for informational purposes and has not been prepared for, nor is it suital>le for legal. surveying. or engineering purposes. Users of this information
should review or consult the primary data and information sources to ascertain the usability of the information. Shawnee County makes no warranty or ascertain
the usability of the information. Shawnee County makes no warranty or guarantee as to the con tent, accuracy, timeliness, or completeness of any of the data
provided , and assumes no legal re sponsibility for the information contained hereon.
June 23, 2014
Richard V. Eckert
Shawnee County Counselor
200 SE 7th St. Ste. 100
RE: Property Address: 902 SE Gilmore Ave.
Parcel ID # 1320401017002000
Dear Mr. Eckert:
The Eastside Church of God in Christ would like to make an offer of$125.00 for the above listed property.
This property is adjacent to property the church now owns. Your consideration regarding this matter would
greatly appreciated.
Sincerely,
Ben J. Scott
For: Eastside Church of God in Christ
jl:-(f5- 357-lfl't1
'-c2/p/e - 5bf7f'
Shawnee County
RICHARD V. ECKERT
County Counselor
200 SE 7th St., Ste. 100
(785) 233-8200 Ext. 4042
Fax (785) 291-4902
MEMORANDUM
TO:
FROM:
DATE:
June 25, 2014
RE:
Offer To Purchase County-Owned Property Pursuant To K.S.A. 79-2804f
0}'It(:.. . .-/
"
Please place the following item on the Thursday, July 3, 2014 Commission agenda:
Please be advised our office has received an offer from Mr. David Petty to purchase the
following County-owned property pursuant to K.S.A. 79-2804f:
PARCEL ID No.
LEGAL DESCRIPTION
1311204001001200 Part of the Southeast Quarter of Section 12,
Township 12 South, Range 16 East of the 6th P.M.,
Shawnee County, Kansas described as follows:
Commencing at the Southwest comer of said
Southeast Quarter; thence North 88 degrees 28
minutes 38 seconds East, 225.00 feet along the South
line of said Southeast Quarter; thence North 19
degrees 06 minutes 41 seconds East, 291.45 feet to
the point of beginning; thence North 17 degrees 14
minutes 59 seconds East, 288.08 feet; thence North
88 degrees 28 minutes 38 seconds East, 10.00 feet;
thence South 19 degrees 06 minutes 41 seconds
West, 291.45 feet to the point of beginning.
Commonly known as 0000 Southeast 29th Street.
OFFER FOR
PROPERTY
$50.00
The County acquired the above-referenced parcel on April 13, 2011 at a judicial tax foreclosure
sale. This parcel is approximately 9 feet wide and is not suitable for building due to its
dimensions. Additionally it is a landlocked parcel which can only be accessed by entering Mr.
Petty's property (4834 SE 29th Street) or by entering the neighbors' property at 4828 SE 29th
Street (see aerial view attached).
B
~
If you vote to approve the sale of this parcel, please also give the County Clerk the authority to
execute the appropriate documents to effectuate the sale. Thank you for your consideration of
this matter. By copy ofthis memorandum, Mr. David Petty is notified of the 9:00A.M. meeting.
RVE/mlb
Attachment
C:
Mr. David Petty, 4834 SE 29th Street, Tecumseh, KS 66542
.------------------------------------------------------------------------------------------- ---Printed: 06/25/20 14 09 :41
0000 SE 29th Street
DISCLAIMER This map is for informational purposes and has not been prepared for, nor is it suitable for legal, surveying, or engineering purposes. Users of this information
should review or consult the primary data and information sources to ascertain the usability of the information . Shawnee County makes no warranty or ascertain
the usability of the information . Shawnee County makes no warranty or guarantee as to the content, accuracy, timeliness , or completeness of any of the data
provided , and assumes no legal responsibility for the information contained hereon.
-
---
.,.
June 18,2014
200 SE 7th ST Suite 100
Topeka,Kansas66603
Re:Parcel1311204001001200
Adjacent to 4834 SE 29th St
Mr. Eckert:
I would like to submit a bid of 80 dollars ($80) for the property that is adjacent to
my property. This parcel was originally part of the land owned by the previous
owner of my house but was never for some reason added by the county to the
original parcel which I now own. As it has no access to a street, is partly in a flood
plain, and is too small for any building or other development, I believe this bid, that
is more than the appraised value of $50, is appropriate. Thank you for your
consideration in this matter.
Sincerely,
;v-q ~~ P~'H;
David Petty
tj [f3'-/ sc: d..fT/.t
Te~.::.-1<- t<.S
7 8_f;-- :V 3-~YoS
Shawnee County
Department of Public Works
1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867
785-251-61 01
FAX 785-251-4920
THOMAS C. VLACH, P.E.
DIRECTOR OF PUBLIC WORKS
COUNTY ENGINEER
MEMORANDUM
Date:
June 27, 2014
To:
From:
Thomas F. Flanagan, P.E. ~vv--<Deputy Director of Public Works
Re:
Bid Acceptance and Contract Documents
SW Docking Road Bridge over Mission Creek/ OSN 059
Shawnee County Project No. 60042-01
., t .. . .
l
_?/
7~&t..v\ ..... e.-~
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The Board of County Commissioners received the following bids at 2:00P.M. on Monday June
16, 2014 for the replacement of the SW Docking Road Bridge over Mission Creek.
CONTRACTOR
BID AMOUNT
King Construction Co., fuc., Hesston, Kansas
$704,878.30
Engineer's Estimate
$711,421.00
The financial impact associated with the approval of this contract will be an expenditure in the
amount of $704,878.30. With the Board of County Commission's approval of a Revised Project
Budget on Monday June 23rd, no detrimental budgetary implications are anticipated as a result of
the approval of this contract.
Funding Source: 100%- Y2 cent Countywide Sales Tax- Project Account GL 32BPOOO I JL
395002059.
The Public Works Department recommends that the low bid of King Construction Co., Inc.,
Hesston, Kansas in the amount of $704,878.30 is accepted and the attached contract documents
signed.
Attachments
cI
DOCUMENT 530
AGREEMENT
li.
;
~
TillS AGREEMENT is dated as of the
day of
in the year 20 _ _
by and between Shawnee County, Kansas (hereinafter called Owner) and _ _ _ _ _ _ _ _ __
(hereinafter called Contractor).
----------------------------------------Owner and Contractor in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. Work.
[
Contractor shall complete all Work as specified or indicated in the Contract Documents. The Project
for which the Work under the Contract Documents is to be performed is: Shawnee County Project
No. 60042-01, SW Docking Road over Mission Creek, County Bridge No. OSN 059
Article 2. Engineer.
The project has been designed by Finney & Turnipseed, Transportation & Civil Engineering, L.L.C.
The Design Engineer
(Specify Design Engineer, County Engineer or Owner's Project
Representative) is hereinafter designated as the Engineer and is to act as Owner's project
representative, assume all duties and responsibilities and have the rights and authority assigned to
Engineer in the Contract Documents in connection with completion of the Work in accordance with
the Contract Documents.
Article 3. Calendar Completion Date Contract.
3.1. This is a Calendar Completion Date contract. The Work will commence with an
issuance of a Work Order by the Owner on August .ll_, 2014 provided the Contractor
complies with the required submittal times for the executed Agreement and its counterparts,
and be substantially completed on or before January _]_Q_, 2015 and completed and ready
for final payment and acceptance in accordance with paragraph 14.13 of the General
Conditions on or before March _ll, 2015 .
~~
3.2. Liquidated Damages. Owner and Contractor recognize that time is of the essence of this
Agreement and that Owner will suffer financial loss if the Work is not completed by the
calendar completion dates specified in paragraph 3.1 above. They also recognize the delays,
expense and difficulties involved in proving in a legal proceeding the actual loss suffered by
Owner if the Work is not completed on time. Accordingly, instead of requiring any such
proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty)
Contractor shall pay Owner according to the following schedule:
~I
~
530-1
1/1/10
(CALENDAR COMPLETION DATE)
11
Contract Amount
~
l
~
,J
[
[
$0 to $500,000
$500,000.01 to
$1,000,000
$1,000,000.01 to
$$1,500,000
$1,500,000.01 to
$2,000,000
$2,000,000.01 to
$5,000,000
$5,000,000.01 to
$10,000,000
$10,000,000.01 and up
Substantial Completion
Liquidated Damages
Final Payment and
Acceptance Liquidated
Damages
$500.00
$500.00
$750.00
$500.00
$1,000.00
$500.00
$1,250.00
$625.00
$1,500.00
$750.00
$2,000.00
$1,000.00
$3,000.00
$1,500.00
For each day that expires after the date specified in paragraph 3.1 for Substantial Completion
until the work is certified by the engineer as Substantially Complete and after certification of
Substantial Completion if Contractor neglects, refuses or fails to complete the remaining
Work by the calendar completion date for Final Payment and Acceptance. The Owner shall
deduct the accrued liquidated damages from the final payment due to the Contractor.
I
Article 4. Contract Price.
4.1. Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents in current funds as per the Contractor's Bid, which is attached as an exhibit to this
Agreement.
Article 5. Payment Procedures.
Applications for Payment shall be in accordance with Article 14 of the General Conditions.
l"i
5.1. Progress Payments. Owner shall make progress payments on account of the Contract
Price on the basis of Contractor's signed Applications for Payment as recommended by
Engineer within thirty-five (35) days following the end of the period for which payment is
being requested, provided the application for payment is submitted within seven (7) days
following the end of the period. Period shall end on the last calendar day of each month. All
progress payments will be based on the number of units or estimated percentage of the Work
completed in accordance with paragraph 14.1 of the General Conditions.
5 .1.1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of
payments previously made and less such amounts as Engineer shall determine, or
Owner may withhold, in accordance with paragraph 14.7 of the General Conditions.
530-2
1/1110
~~- ~-~ ~-~--~-~~---------------------------------------
r:
(1) 90% of Work completed. If the project has been 50% completed as determined by
Engineer, and if the character and progress of the Work have been satisfactory to
Owner and Engineer upon written request by the Contractor, Owner, may
determine that as long as the character and progress of the Work remain
satisfactory to them, that the retainage on account of Work completed be reduced
or eliminated. Reduction or elimination of the retainage will be at the sole
discretion of the Owner.
(2)
lu
[
0
% of materials and equipment not incorporated in the Work (but
delivered, suitably stored and accompanied by documentation satisfactory to
Owner as provided in paragraph 14.2 of the General Conditions).
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total
payments to Contractor to 95% of the Contract Price, less such amounts as Engineer
shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the
General Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, Owner shall pay the remainder of the Contract
Price as recommended by Engineer as provided in said paragraph 14.13.
5.3. Interest. All monies not paid when due hereunder shall not bear interest.
Article 6. Contractor's Representations.
In order to induce Owner to enter into this Agreement, Contractor represents that he fully complies
with the requirements stated in paragraphs 3b. through 3g. of the Bid Form, which is attached as an
exhibit to this Agreement.
Article 7. Contract Documents.
The Contract Documents which comprise the entire agreement between Owner and Contractor
concerning the Work consist of the following:
7 .1. This Agreement.
7.2. Performance and other Bonds contained in this Project Manual.
7.3. Work Order.
7.4. General Conditions contained in this Project Manual.
7.5. Supplementary Conditions contained in this Project Manual, if any.
7.6. The City of Topeka and Shawnee County Standard Technical Specifications, current
edition, with any addenda thereto.
7.7. Specifications contained in this Project Manual, if any.
7.8. Project Drawings, bearing the following title: SW Docking Road over Mission Creek
7.9. Addenda ______ to _ _ _ _,inclusive.
7.10. Contractor's Bid, including all attachments to Bid, which is attached as an exhibit to this
Agreement.
530-3
111/10
r
r:
:
1··.
[
','I'
1J
7.11 Wage Rate Determination.
7.12. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Change Orders and other documents amending,
modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of
the General Conditions.
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be amended, modified or supplemented ·as provided in paragraphs 3.4 and 3.5
of the General Conditions.
Article 8. Suspension of Contractor.
l!
l
I
.i
2)
8.1. Contractor may be placed on Owner's "List of Suspended Contractors" for a period of
time from the date of written notification by Owner if Contractor fails to perform in
accordance with specific provisions stated in paragraph 8.2 of this Article 8. The period of
Suspension shall be established as follows:
First Suspension -1 year
Second Suspension - 2 years
Third Suspension - Permanent
r:
During the period of suspension, the Contractor will not be permitted to submit a bid to
Owner to perform Work either directly or indirectly or as a subcontractor.
8.2. The Contractor shall be suspended upon written notification by Owner:
[,,
[
8.2.1. If Contractor exceeds the date established for substantial completion or final
payment and acceptance as indicated in paragraph 3.1, or
.8.2.2. Upon occurrence of any of the events stated in paragraph 15.2 of the General
Conditions.
8.2.3. If Contractor fails to complete any outstanding "One-Year Correction Period"
work, as defined in paragraph 13.12 of the General Conditions, on previously
completed projects within 90 calendar days of written notification by the Owner, the
Contractor will be placed on Owners "List of Suspended Contractors", as defined in
paragraph 8.1, Article 8. Suspension of Contractor, and shall remain suspended until
such time as the corrective work has been certified as complete in writing by the
Owner.
Article 9. Miscellaneous.
9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary
in any written consent to an assignment no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
530-4
111/10
[
(I
[i
9.3. Owner and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One
(:
[I
j)
counterpart each has been delivered to Owner, Contractor and Design Engineer. All portions of the
Contract Documents have been signed or identified by Owner and Contractor or by Design Engineer
on their behalf.
OWNER: Shawnee County, Kansas
CONTRACTOR
J0.tg ·~=Jrue..±rr~
Cn_, T
I!
1:
By:----------Chair,
By:
[CORPORATE SEAL]
Attest: _ _ _ _ _ _ _ _ _ __
Shawnee County Clerk
Date: _ _ _ _ _ _ _ _ _ __
I'
I
;I
530-5
111/10
YL<-
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 attacl1ed and made a part thereof,
, 201_.
said contract being dated the _ _ _ day of .
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 con!licting 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 be!ore a Court located in the Stale 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, sufticient 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 cun·ent fiscal year. County agrees to give
written notice of termination to contractor at least thirty (30) days prior
to the end of its cu!1'ent fiscal year. In the event this agreement is
terminated pursuant to this paragraph, County will"pay to the contractor
all regular contractual payments incuLTed through the end of such fiscal
year. The tem1ination 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-DISCRlMINATION CLAUSE. The contractor agrees: (a) to comply
with the Kansas Ac\ 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
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 provision$ 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;
(!) 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.
900
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 conling~ncy. Further, the County
shall not agree to pay attomey 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 ofthis contract.
10.
INSURANCE. The County sllall 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. 75610 I 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:
BOARD OF COUNTY COMMISSIONERS
SHAWNEE COUNTY, KANSAS
Chair
Date:
ATTEST:
Cynthia A. Beck, Shawnee County Clerk
Project No. and Description: Project No. 60042-01, SW Docking Road over Mission Creek
County Bridge No. OSN 059
4. Bidder will complete the Work for the following price(s):
Item
No.
I
2
3
4
5
6
7
8
9
10
11
I2
13
14
15
I6
17
I8
19
20
2I
22
23
24
25
26
27
28
29
30
31
32
33
34
Description
Clearing & Grubbing
Removal of Existing Structures
Removal of Large Trees
Unclassified Excavation
Supplementary Borrow Material
Embankment, In Place
Class I Stone Riprap
Fence (Woven Wire Type A)
Post (Comer)(Woven Wire Type A)
Post (Pull)(Woven Wire Type A)
24" Culvert (CSP), I6 gauge
24" End Section (CS)
Concrete Pavement( I 0" Unif)(AE)
Guardrail, Steel Plate
Guardrail End Terminal (SRT)
Field Office and Laboratory (Type B)
Mobilization
Object Marker (Type III)
Silt Fence or Hay Bales
Temporary Seeding and Mulching
Seeding, Fertilizing and Mulching
Crushed Rock Surfacing (AB-3)
Traffic Control
Class I Excavation
Class II Excavation
Concrete Grade 4.0 (AE)
Concrete Grade 4.0 (AE)(SA)
Reinforcing Steel (Gr. 60)
Reinforcing Steel (Gr. 60)(Epoxy Coated)
Piles (Steel)(HP 1Ox42)
Cast Steel Pile Point
Bridge Backwall Protection System
Class II Stone Riprap
Quantity
I
I
24
I,547
54 I
1,566
156
214
4
2
45
2
89.2
125
4
1
1
4
750
0.6
0.6
302
1
172
139
44.1
430.6
9,970
127,400
228
8
54
1,433
Unit
LS
LS
Each
yd3
yd3
yd3
yd2
lin. ft.
Each
Each
lin. ft.
Each
yd2
lin. ft.
Each
Each
LS
Each
lin. ft.
Acres
Acres
tons
LS
yd3
yd3
yd3
yd3
Lbs.
Lbs.
lin. ft.
Each
yd2
yd2
-
,,
I$
Unit
Price
l~_Aoo .o(
zi.. s60.oo
l~5.oo
_'l_.Cl_O
Extension
.tr '-~ Aoo. {.}C'l
:{t:_ .<01') , M
-~: llffl .tJD
I i,22l. 30
tZ.oo
2.Srl
l. 4ct2.110
~~q~_e;-, Of')
"l () 1r. '00
i' ..tf~.OD
A£.oa
/:A,oo
·,·~oo.oo
fA~0 ,£ll)
/. I'J 7n (}l]
.3.:t5_.00
325 tso
~.__o_o
:?40 00
I
..t4s.~oo
I
't.Ao .nfJ
2.1 A~4.oo
~ _OQI'\.M
hAc(}
7... zc;-6.00
i.ff:JO. 00
_.513'._~.00
'too.oo
3.oo
Saa_._o_o
4 '.r:aoo,oo
2.000.00
--~ '~ ,LJJ(l
4'oo.oo
2.25lJ .oo
2.,.00
~~00 .o 0
2 /o() cl)O
1, S\Sl~OC
_3_.__700_!..00_
·::{ 71''11\ • {)f)
~.5ll0
.oo
5o.co
10.00
A8_o oo
490 .o6
1.16
I, l '5
Ao..6Jl
Z50.on
-~ 00
5Z.ao
TOTAL BID ..............................................................................................
$
P.
{,.f'l(). f'l (\
·q·730.(')1\
z ,. (,..(\ q
()()
21 h. qq4,(}{)
I 0 I q(;, -r. {}{}
I
set: 250 .lill
lf . t?n .on
,i,OCf) .0()
1 "t,.,7JLIIn
1/f, 51 IL,.fY')
7()Lf, 878. 30
330-3
CALENDAR COMPLETION DATE
1/1/10
5. Quantities are estimated. Final payment will be based on actual quantities unless otherwise
stated in the Contract Documents.
6. Bidder agrees that the Work will be substantially complete by the calendar completion date for
substantial completion given in the Agreement and General Conditions.
7. Bidder accepts the provisions of the Agreement for Liquidated Damages in the event of failure to
complete the work by the calendar completion date.
8. The following documents are attached to and made a condition of this Bid:
a. Required Bid Security in the form of a certified or bank check or a bid bond in accordance
with the provisions of the Instructions to Bidders.
b. List of Subcontractors/Suppliers.
9. The terms used in this Bid which are defined in the General Conditions included as part of the
Contract Documents have the meanings assigned to them in the General Conditions.
SUBMITTED on--=J'-"-U-=-l\l=E'----'~'-"b'--------'' 2
.\(lN~ ~\'l.S'\Q.Ua\ON ComeAN.'Y
a(n)
Name ofBidder
014
Co t"pot'ort\ Cl\'\
(individual,partnership,corporation)
Address of Bidder
G:>z.o 3Z7- 4Z5l
Telephone Number
By:
Q~~
A~edPers~
, (Corporate Seal)
Title
330-4
CALENDAR COMPLETION DATE
1/1110

board of county commissioners agenda thursday

Transcription

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