BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JUNE 12, 2017, 9:00AM

COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

I. Consider authorization and execution of Contract C202-2017 with the Kansas Dept. of Corrections, for Title II funding in an amount of $31,938.00 for the electronic monitoring program for juveniles to benefit both Community Corrections and Court Services Juvenile Services­Community Corrections.

2. Acknowledge receipt and consider approval of the Commission meeting minutes of May I, 4, 8, 1I, I5, 18, 22, and 25, 2017-County Clerk.

3. Consider granting an easement to Westar Energy on property located at 5200 SW Wenger Street (Central Crossing Commerce Park), Home Depot Distribution Center-County Counselor

4. Consider approval of a letter in support of an application submitted to the Kansas Dept. of Commerce for a $250,000.00 community tax credit for the GraceMed Wellspring Project­Commission.

5. Consider acceptance of the County Treasurer's April20I7 bank reconciliation report-Treasurer.

6. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $2,5I2.30-District Attorney.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. BOND COUNSEL -Bob Perry

I. Consider approval of Resolution No. 2017-27 creating the Timber Ridge Subdivision Street Benefit District Phase IV, authorizing the construction of streets, and assessing all costs of the construction and installation of the improvements against the lots benefited thereby.

C. PARKS + RECREATION -John Knight

I. Consider authorization and execution of Contract C198-2017 with the Topeka Community Cycle Project to provide bicycle education programming and cycle repair services at the Oakland Community Center for an annual fee of $2,500.00.

2. Consider authorization and execution of Contract C199-2017 with Big Boyz to provide food and/or beverages in parks.

D. HEALTH DEPT. -Linda Ochs

1. Consider authorization and execution of Contract C200-2017, amendment #4 to Contract C324-2013, with the Kansas Dept. of Health and Environment for continued funding of$500,000.00 with matching funds from the Early Childhood Block Grant, for one year of the Nurse Family Partnership Program and the Kansas Children's Service League Healthy Families Topeka Program.

E. EMERGENCY MANAGEMENT- Dusty Nichols

1. Consider authorization and execution of Contract C201-2017 with the Northeast Kansas Homeland Security Council for the transfer of 45 cone adapters for power flares and other equipment for use by Emergency Management and partners with no cost to the County.

F. ADMINISTRATIVE SERVICES- Betty Greiner

1. Consider approval of Resolution No. 2017-28 appointing Angela Lewis as the Human Resources Director effective June 26th, 2017, at a salary, including benefits, of $99,989.00 annually.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

9:30A.M.- WORK SESSION WITH PLANNING COMMISSION

1. Discussion of comprehensive plan recommendations-Barry Beagle, Director of Planning.

Shawnee County Department of Community Corrections 712 S Kansas Avenue, 3rd Floor • Topeka, Kansas 66603-3821

Adult Intensive Supervised Probation Phone: (785) 251-5401 Fax: (785) 233-8983

Juvenile Intensive Supervised Probation Juvenile Case Management

Phone:.(785) 251-5400 Fax: (785) 232-3384

MEMORANDUM

To: Board of County Commissioners

From: Rebecca Cartmill, Interim Director ~ Ref: Acceptance of Title II Grant/Alternatives to Detention

Date: 06/06/17

JILl

Shawnee County Community Corrections' application for Title II grant funding was accepted. We are

receiving $31,938.00 for our Electronic Monitoring Program for juveniles to benefit both Community

Corrections and Court Services Juvenile Services.

Documentation (award packet forms} was provided by the federal grant that must be approved and

signed by the Commission and returned to Kansas Department of Corrections.

Thank you for your time and attention to this matter.'

Kansas Department of Corrections 714 SW Jackson, Suite 300, Topeka, KS 66603 785-296-3317

OJJDP NOTIFICATION OF GRANT AWARD

Trtle II Fonnula Grant CFDA# 16.540 Federal Award Number(s) 2011JFFX4011 & 2012JFFX4005 & 2013MUFX4014 & 2015JFFX005l

Federal Award Date(s) 10/1/10-9/30/17 & 10/1/11-9/30/17 & 10/1/14-9/30/17 & 10/1/15-9/30/18 Federal Award Amount(s) to KDOC $579 356 & $400 000 & $799 045 & $393 667

Grantee's Name Shawnee County Community Corrections Electronic Monitoring Program

Grantee's Address (street, city, state, zip)

Grant Number

712 S. Kansas Ave., Suite 300

Topeka, KS 66603

A TD-2018-03-01

Grant Award $ 31 937.50

Granting Agency

FEIN#

DUNS Number:

SAM Number:

Kansas Department of Corrections 714 SW Jackson Suite 300 Topeka KS 66603

48-6028759

030660864

3XLE5

Grant Period From: To:

Grantee's Phone Number 785-233-8200

FFY 2011 2012 2013 2015 CFDA FUND BU

3351 SFY 2018 Program 3061 3062 3063 3065

PROJECT BUDGET AND FUNDING

1 Personnel $

2 Employer Taxes & Fringe Benefits $

3 Travel $

4 Equipment $

5 Supplies $

6 Training $

7 Contracts/Consultants $ 31,937.50

8 Other (Specify) $

9 Other (Specify) $

10 Grant Award Amount $ 31,937.50

11 Cash Match\ln-Kind $

12 TOTAL (Sum of Lines 10 and 11) $ 31,937.50

SEE ATTACHED PAGES FOR GRANT AWARD CONDITIONS

We approve this grant and the provisions set forth in the grant proposal.

Authorized State Official

Name Joe Norwood Title Department of Corrections, Secretary

Signature Date

Authorized/Grantee Official

Name Robert Archer Title Shawnee County Commission, Chair

Signature Date

CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements

Please read carefUlly the Instructions (see below) and then complete Section A or Section B or Section C, not all three.

Section B-Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review

If a recipient agency has fifty or more employees and is receiving a single award or subaward of$25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following (42 C.F.R. § 42.305):

I, Robert Archer [responsible officia[j, certify that Shawnee County [recipient], which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: Shawnee County Counselor [organization], 200 SE 7th Street Room 100 Topeka, Kansas 66603 [address].

Robert Archer, BOCC· Chairperson Print or Type Name and Title Signature Date

OMB Approval No. 1121-0340 Expiration Date: 05/31/14

t

INSTRUCTIONS

Completing the Certification Form Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements

The federal regulations implementing the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's administrative provisions to create, keep on file, submit to the Office for Civil Rights (OCR) at the Office of Justice Programs (OJP) for review, and implement an Equal Employment Opportunity Plan (EEOP). See 28 C.F .R. pt. 42, subpt. E. All awards from the Office of Community Oriented Policing Services (COPS) are subject to the EEOP requirements; many awards from OJP, including awards from the Bureau of Justice Assistance (BJA), the Office of Juvenile Justice and Delinquency Prevention (OJJDP), and the Office for Victims of Crime (OVC) are subject to the EEOP requirements; and many awards from the Office on Violence Against Women (OVW) are also subject to the EEOP requirements. If you have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's EEOP requirements, please consult your grant award document, your program manager, or the OCR.

Recipients should complete either Section A or Section B or Section C, not all three.

Section A

The regulations exempt some recipients from all of the EEOP requirements. Your organization may claim an exemption from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, an educational institution, a medical institution, or an Indian tribe; or it received an award under $25,000; or it has less than fifty employees. To claim the complete exemption from the EEOP requirements, complete Section A.

Section B

Although the regulations require some recipients to create, maintain on file, and implement an EEOP, the regulations allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business; and (2) have fifty or more employees; and (3) have received a single grant award of $25,000 or more, but less than $500,000, may claim the limited exemption from the submission requirement by completing Section B. In completing Section B, the recipient should note that the EEOP on file has been prepared within twenty-four months of the date of the most recent grant award.

Section C

Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business, and (2) have fifty or more employees, and (3) have received a single grant award of $500,000 or more, must prepare, maintain on file, submit to the OCR for review, and implement an EEOP. Recipients that have submitted an EEOP Utilization Report (or in the process of submitting one) to the OCR, should complete Section C.

Submission Process

If a recipient receives multiple awards subject to the Safe Streets Act, the recipient should complete a Certification Form for each grant. Recipients should download the online Certification Form, have the appropriate official sign it, electronically scan the signed document, and then send the signed document to the following e-mail address: EEOPForms@usdoj.gov. The document must have the following title: EEOP Certification. If you have questions about completing or submitting the Certification Form, please contact the Office for Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, DC 20531 (Telephone: (202) 307-0690 and TTY: (202) 307-2027).

OMB Approval No. 1121-0340 Expiration Date: 05/31114

Public Reporting Burden Statement

Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a current valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated minimum average time to complete and ftle this application is 20 minutes per form. If you have any comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the Office ofJustice Programs, 810 7th Street, N.W., Washington, D.C. 20531.

U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER

CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATIERS; AND DRUG-FREE WORKPLACE REQUIREMENTS

Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement.

1. LOBBYING

As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in­fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con­nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at­tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions;

(c) The undersigned shall require that the language of this cer­tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub­recipients shall certify and disClose accordingly.

2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT)

As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec­tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510-

A. The applicant certifies that it and its principals:

(a) Are not presently debarred, suspended, proposed for debar­ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this applica­tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec­tion with obtaining, attempting to obtain, or performing a

public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and

(d) Have not within a three-year period preceding this applica­tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and

B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)

As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620-

A. The applicant certifies that it will or will continue to provide a drug-free workplace by:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or

use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;

(b) Establishing an on-going drug-free awareness program to inform employees about-

(1) The dangers of drug abuse in the workplace;

(2) The grantee's policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employee assistance programs; and

(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state­ment required by paragraph (a);

(d) Notifying the employee in the statement required by para­graph (a) that, as a condition of employment under the grant, the employee will-

OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2,4061/3 AND 4061/4 WHICH ARE OBSOLETE.

, (1) Abide by the terms of the statement; and

(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;

(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the iden­tification number(s) of each affected grant;

(f) Taking one of the following actions, within 30 calendar days of receiving notice· under subparagraph (d)(2), with respect to any employee who is so convicted-

(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforce­ment, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug­free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f).

B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:

Place of Performance (Street address, city, county, state, zip code)

Shawnee County Community Corrections 712 S. Kansas Ave. Suite 300 Topeka, Kansas 66603

Check D if there are workplaces on file that are not indentified here.

Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap­plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7.

Check D if the State has elected to complete OJP Form 4061/7.

DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS)

As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620-

A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, posses­sion, or use of a controlled substance in conducting any activity with the grant; and

B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 Seventh Street NW., Washington, DC 20531.

As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.

Sh14CJI\C.( c,.,~+, Col'lt-"'"11:f'1 C.Oc,.e.,f; ::>,.,., 1. Grantee Name and Address: I\ '2. S . )'.a,.,,sa.<a. Avt. .)v:.fc. luo

1"'_,(,~1 ~:) l.P(,.(#O"\

Electronic Monitoring Program

2. Application Number and/or Project Name

Robert Archer, Shawnee County Commission Chairperson

4. Typed Name and Title of Authorized Representative

5. Signature

48-6028759

3. Grantee IRSNendor Number

6. Date

•u.s. Government Printing Office: 1996- 405-037/40014

Privacy Certificate

G t 1 Dustin Browning, Robert Archer rt'fi th t d t ·~ tift bl ran ee-= , ce 1 1es a a a zuen z za e to a private person2. will not be used or revealed, except as authorized in 28 CFR Part 22, Sections 22.21 & 22.22.

Brief Description ofProiect (reauired bv 28 CFR &22.23(b): Shawnee County Community Corrections and Court Services of the Third Judicial District of Kansas will partner in an Electronic Monitoring Program for juvenile offenders on supervised probation. Employees of either agency will monitor offender movement using contracted equipment and software. Youth will sign a release of information for the contractor. Data will not be released other than allowed in 28 CFR §22.21 and §22.22.

NOTE: If no data identifiable to a private person will be collected, this form is considered complete following insertion of the project description and the phrase "No data identifiable to a private person will be collected here." All other blanks should have inserted "Not applicable since this study is not collecting identifiable data". The form must then be signed and dated.

Grantee certifies that any private person from whom identifiable information is collected or obtained shall be notified, in accordance with 28 CFR §22.27, that such data will only be used or revealed for research or statistical purposes and that compliance with the request for information is not mandatory and participation in the project maybe terminated at any time. In addition, grantee certifies that where fmdings in a project cannot, by virtue of sample size or uniqueness of subject, be expected to totally conceal the identity of an individual, such individual shall be so advised.

Procedures to notify subjects that such data will only be used or revealed for research or statistical purposes and that compliance with the request for information is not mandatory and participation in the project maybe terminated at any time as required by 28 CFR §22.23(b )( 4):

Electronic monitoring of youth will be imposed according to the graduated responses grid as implemented through Senate Bill 367. Placement in the electronic monitoring program will be approved by the Court. Youth will be notified that personal information will only be used for statistical and research purposes and their names will not be used where appropriate.

NOTE: Informed consent procedures and forms as approved by the IRB should be attached.

If notification of subjects is to be waived, pursuant to 28 CFR §22.27(c), please provide a justification:

Notification will not be waived and youth will be informed of the information tracking.

Grantee certifies that project plans will be designed to preserve the confidentiality of private persons to whom information relates, including where appropriate, name-stripping, coding of data, or other similar procedures.

Procedures developed to preserve the confidentiality of personally identifiable information, as required by 28 CFR §22.23(b)(7):

Data will be tracked using a unique assigned number rather than by name. For research or statistical tracking the youth's name will not be used.

Grantee certifies that, if applicable, a log will be maintained indicating that (1) identifiable data have been transferred to persons other than employees ofNIJ, BJA, BJS, OJJDP, OVC, OJP, or grantee/contractor/subcontractor staff; and (2) such data have been returned or that alternative arrangements have been agreed upon for future maintenance of such data, in accordance with 28 CFR §22.23(b)(6).

Justification for the collection and/or maintenance of any data in identifiable form, if applicable:

Information on electronically monitored youth will be released to the sentencing Court through legally approved means to report compliance or non-compliance with the program.

Procedures for data storage, as required by 28 CFR §22.23{b)(5):

Electronic data will be stored on secured networks approved and audited by the Kansas Department of Corrections, the Office of Judicial Administration, and Shawnee County. Paper documentation will be stored in accordance with the Kansas Department of Corrections and the Office of Judicial Administration policy. The contracted provider shall comply with confidentiality as part of the contract.

Grantee certifies that all contractors, subcontractors, and consultants requiring access to identifiable data will agree, through conditions in their subcontract or consultant agreement, to comply with the requirements of28 CFR §22.24, regarding information transfer agreements. Grantee also certifies that NIJ will be provided with copies of any and all transfer agreements before they are executed as well as the name and title of the individual(s) with the authority to transfer data ..

Description of any institutional limitations or restrictions on the transfer of data in identifiable form, if applicable: Community Corrections and Court Services will not release private information except as provided by law or when a release of information is signed by the youth.

Name and title of individual with the authority to transfer data:

Dustin Browning, Division Manager, and Sheila Hull, Court Services Assistant Director

Grantee certifies that access to the data will be limited to those employees having a need for such data and that such employees shall be advised of and agree in writing to comply with the regulations in 28 CFR Part 22.

Grantee certifies that all project personnel, including subcontractors, have been advised of and have agreed, in writing, to comply with all procedures to protect privacy and the confidentiality of personally identifiable information.

Access to data is restricted to the following individuals, as required by 28 CFR §22.23(b )(2):

Principal Investigator( s) Dustin Browning

Project Staff

Adam Blume, Erin Hicks, Rocadren Lee, Dalene Liby, Clay McCarter, Jimmy Zirkle, Ashley Artzer, Jessica Dultmeier, Olivia Harris, Shawn Martin, Tracy Martin, Jim Malcom, Carole Williams1 Sheila Hull

Contractors, Subcontractors, and/or consultants

ISCRAM Systems

Grantee certifies that adequate precautions will be taken to ensure administrative and physical

security of identifiable data and to preserve the confidentiality of the personally identifiable information.

Procedures to insure the physical and administrative security of data, as required by 28 CFR §22.25(b ), including, if applicable, a description of those procedures used to secure a name index· . Youth names and unique information number will be stored electronically separate from statistical data and names will be removed completely at the end of the grant period.

Procedures for the final disposition of data, as required by 28 CFR §22.25:

Electronic data will be deleted and paper files will be securely stored for five years then destroyed by shredding.

Name and title of individual authorized to determine the final disposition of data: Dustin Browning, Community Corrections Division Manager, and Sheila Hull, Court ~ Services Assistant Director

Grantee certifies that copies of all questionnaires, informed consent forms and informed consent procedures designed for use in the project are attached to this Privacy Certificate.

Grantee certifies that project findings and reports prepared for dissemination will not contain information which can reasonably be expected to be identifiable to a private person, except as authorized by 28 CFR §22.22.

Grantee certifies that the procedures described above are correct and shall be carried out.

Grantee certifies that the project will be conducted in accordance with all the requirements ofthe Omnibus Crime Control and Safe Streets Act of 1968 as amended and the regulations contained in 28 CFR Part 22.

Grantee certifies that NIJ shall be notified of any material change in any of the information provided in this Privacy Certificate.

Signature (s):

________________ (Principal Investigator)

________________ (Principal Investigator)

________________ (Institutional Representative)

Date: --------------Notes:

1 Please include the name of the Principal Investigator(s) for this project as well as the name of the person representing the institution receiving the grant funds.

2 Information identifiable to a private person is defined in 28 CFR §22.2( e) as "information which either--(1) Is labeled by name or other personal identifiers, or (2) Can, by virtue of sample size or other factors, be reasonably interpreted as referring to a particular person."

Grant Assurances for JJDP Act Grant Programs Kansas Advisory Group (KAG)- Kansas Department of Corrections (DOC)

The grant funds distributed to Recipient by the State of Kansas will be administered by the Kansas Department of Corrections, Juvenile Services (DOC). The funds distributed shall be used to develop programs for the purposes of strengthening the juvenile justice system. The distribution of grant funds is contingent upon receipt of adequate funds and appropriations to the DOC.

State Requirements

1. AWARD PERJOD: Recipient shall not allocate any expenditure for any activity, event, or conference that will occur outside the grant award period. All grant award obligations must be paid within 30 days following the end of the grant award period.

2. APPROVED PURPOSES: Grant funds awarded as a result of Recipient's approved grant application shall only be expended for the purpose approved by the DOC and in accordance with any terms and conditions the DOC attaches to the grant award. The approved grant application is hereby incorporated into these assurances as Attachment A.

3. SOLICITATION: Recipient shall be in compliance with the specifications outlined in the solicitation under which the approved application was submitted. The terms and conditions of the solicitation are hereby incorporated by reference into this award.

4. COMPLIANCE WITH REGULATIONS, POLICIES & PROCEDURES: Recipient assures compliance with all applicable state and federal laws and regulations, including, but not limited to, provisions ofthe of the Omnibus Crime and Control and Safe Streets Act of2002 Public Law 107-273, codified as amended at 42 USC_3732 (b)., the provision of 28 CFR applicable to grants, the Program Guidelines as referenced in the most recent edition of the Guidance manual, the Reporting Requirements as established by the DOC and the requirements of the Federal Office of Justice Program's Financial Guide, effective edition.

1

(To obtain a copy of the Financial Guide, please contact the U.S. Department of Justice Response Center at 1-800-458-0786 and/or access the guide on-line at www.ojp.usdoj.gov/oc).

This funding must follow guidelines set forth in the federal fmical guide. This Guide includes references to the policies and guidance issued by the Office of Management and Budget (OMB). Your grant award is subject to the following OMBs.

OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State, Local, & Tribal Governments; OMB Circular A-89, Federal Domestic Assistance Program Information;

OMB Circular A-102, Grant Awards and Cooperative Agreements with State and Local Governments (Common Rule);

OMB Circular A-110, Uniform Administrative Requirements for Awards and other Agreements, Institutions of Higher Education, Hospitals and other Non-Profit Organizations; OMB Circular A-122, Cost Principles for Non-Profit Organizations;

OMB Circular A-133, Audits of States, Local Governments, Non-Profit Organizations; and Sections ofOMB Circular A-50, Audit Follow-up.

Recipient shall notify DOC in writing regarding its intent, or thirty (30) days before its final decision, to merge, acquire or be acquired by another organization (novation). Recipient shall notify DOC in writing within twenty-four (24) hours of a filing of bankruptcy, and shall identify the State of DOC as a secured creditor for any unexpended portion of the grant funds awarded under this document.

5. REPORTING REQUIREMENTS: Recipient agrees to comply with any evaluative, performance measurement, statistical, or financial reporting requirements required by the Federal JJDPA Program, DOC, and/or the KAG. Recipient understands and agrees that funds may be withheld, or other requirements may be imposed, for failure to submit timely reports.

6. DUNS and SAM: Recipient shall maintain a valid DUNS (Data Universal Numbering System) profile. Further, Recipient shall maintain an active registration status in the U.S. System for Award Management (SAM) at www.sam.gov.

7. TRAINING & TECHNICAL ASSISTANCE: Recipient shall participate in DOC/OJJDP­sponsored training or technical assistance events as required by DOC or OJJDP.

8. PERSONNEL INFORMATION: Job descriptions and compensation, including salary/wages and bonuses, for all grant-funded staff shall be maintained by recipient and available for review by DOC. These grant funds shall be utilized for the provision of approved services only and the job descriptions must reflect this requirement.

9. TIME AND ACTIVITY: Recipient shall keep daily time and activity records for all staff funded by this grant project that documents the services and grant projects that the staff person worked on and the time spent providing the services or programs. Such time and

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activity records must account for 1 00 percent of staff time regardless of the percentage funded by this award. Recipient shall use the time and activity records to distribute actual payroll and related fringe benefits costs to each funding source for each pay cycle accordingly. Time and activity shall include the grant number and CFDA number as it relates to each activity performed. Time and activity records shall be signed by the staff member and supervisor and shall be kept and compiled in the grant files and the employees' files.

These requirements extend to outside employees and persons who will perform contractual work. Recipients shall keep time and activity documentation in hourly increments for contractors providing direct services, training, or consulting funded by this grant project. For agency contracts entered into for operating costs including, but not limited to, janitorial services, website services, technology services, and maintenance, Recipients are required to retain copies of contracts and/or invoices but are not required to maintain detailed time and activity records.

10. NON-SUPPLANTING: Federal funds may not replace (supplant) non-federal funds that have been appropriated for the same purpose. Potential supplanting will be the subject of monitoring and audit. Violations can result in a range of penalties, including suspension of current and future funds under this program, suspension or debarment from federal grants, recoupment of monies provided under this grant and civil and/or criminal penalties.

11. ACCOUNTING: Recipient assures that grant fund accounting, auditing, and monitoring procedures necessary to maintain records as the OJP OCFO prescribes shall be employed to ensure fiscal control, proper management, and proper expenditure of grant funds. Recipient shall maintain books, records, documents, and other evidence to identify the costs directly associated with the delivery of services, specific outcomes, and benefits outlined in the approved grant application. This means that at a minimum:

a. Recipient shall keep records that segregate the grant funds from all other funds received by Recipient, keep its accounting for this grant project separate from the accounting of other funds, and spend and report in accordance with the approved grant project budget by program and budget line items;

b. Recipient shall keep supporting documentation for all direct costs charged to this grant project. It is understood that this includes payroll reports, time and activity records, invoices, and other financial documentation for all paid expenses; the portion of the grant project supplied by other sources of revenue; contracts for services; and other records that facilitate an effective compliance review; and

c. Recipient shall adhere to the applicable administrative requirements, cost principles, and common rules as referenced in the Federal Office of Justice Programs Financial Guide, effective edition.

12. AUDIT REQUIREMENTS: Recipient agrees to comply with the organizational audit requirements of OMB Circular A-113, Audits of States, Local Govermnents, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other

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related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A -113 audits (and any other audits of the OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide.

13. RECORDS: Recipient assures that all records shall be subject at all reasonable times to inspection, review, or audit by State personnel and other personnel duly authorized by DOC, as well as Federal personnel. Recipient assures that all financial records, supporting documentation, statistical records, and all other records pertinent to the grant award shall be retained by Recipient for at least five years following the closeout of the grant award.

Recipient shall cooperate with any assessments, nation evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of activities within this project.

14. EQUIPMENT: Recipient will submit reports detailing the purchase of equipment within 30 days of the purchase date. Recipient agrees that equipment purchased through this grant project will continue to be used for the purpose it was purchased for as long as needed, whether or not the program continues to be supported by grant funding. Recipient understands and agrees that- (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal or local law enforcement agency or any other entity carrying out criminal investigations, persecution or adjudication activities.

15. FOOD AND/OR BEVERAGE: Recipient shall not use any portion of these funds, either directly or indirectly, to purchase food and/or beverage for any meeting, conference, training, or other event. This restriction does not apply to direct payments of per diem amounts to Recipient grant-funded staff in a travel status under Recipient's travel policy and approved grant project budget.

16. PUBLISHED MA TERlAL: All issued statements, publicity releases, or other documents describing the funded grant projects, as well as all materials developed or published with funds from this grant award, shall contain an acknowledgment of support comparable to the following:

For all printed materials: "This grant project is funded or partially funded by the Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice and the Kansas Department of Corrections."

For all printed materials that reflect opinions, fmdings or conclusions: "This grant project is funded or partially funded by the Office of Juvenile Justice and Delinquency Preventions, U.S. Department of Justice and DOC. The opinions, fmdings, and conclusions, or recommendations expressed in this publication, program, or exhibition are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice, the Kansas Department of Corrections, or the Kansas Advisory Group."

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Recipient assures that two copies of all materials published with funds from this grant award shall be submitted to the DOC at least 30 days prior to publication. Similarly, Recipient shall submit two copies of all training information including training dates, agendas and handout materials funded by this grant award to the DOC at least 30 days prior to the training dates.

Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e. pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded [insert "in part." If applicable] through a grant from the [insert name of OJP component], Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of it components operate, control, are responsible for, or necessarily endorse this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the forgoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitle "Notice of Federal Funding and Federal Disclaimer," or to the full text of the statement.

Recipient acknowledges that the DOC and OJP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) the copyright in any work developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases with Federal support.

17. EQUAL EMPLOYMENT OPPORTUNITY PLAN: Recipient assures that it has formulated an equal employment opportunity plan (EEOP) if required by federal and state law. Recipient assures that it has provided to the DOC the name of a civil rights person who has lead responsibility for ensuring that all applicable civil rights requirements are met. This person shall act as a liaison for civil rights issues with the U.S. Department of Justice, Office of Justice Programs, and Office of Civil Rights.

Recipient acknowledges that failure to submit an acceptable EEOP may result in suspension or termination of funding until such time as Recipient is in compliance.

18. CIVIL RIGHTS AND NONDISCRIMINATION: Recipient assures that all grant projects provided by Recipient shall comply with all applicable nondiscrimination requirements including, but not limited to, the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. §3789(d); Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000(d) et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §794; Subtitle A, Title II of the Americans with Disability Act (ADA) of 1990, as amended, 42 U.S.C. §12131 et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq.; the Age Discrimination Act of 1975, 42 U.S.C. §6101 et seq.; Department of Justice Non-Discrimination Regulations, 28 C.P.R. Part 42, Subparts C, D, E, and G; Department of Justice regulations on disability discrimination, 28 C.P.R. Part 35 and Part 39; and 28 C.P.R. Part 46 and all U.S. Justice Department, Office of Justice Programs policies and procedures regarding the protection of human research subjects.

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Recipient assures applicable pieces of the civil rights training curriculum found here: http://ojp.gov/about/ocr/ocr-training-videos/video-ocr-training.htm will be provided to applicable program staff. All recipients will provide sections 1, 2, 5, and 6, with section 4 being applicable to faith based organizations.

Recipient assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, age, or disability against Recipient, Recipient shall forward a copy of the findings to the DOC and the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights.

Recipient shall complete the Federal Office of Civil Rights' Certification Form and submit it to the DOC before Recipient is allowed access to grant funds.

19. EQUAL TREATMENT FOR FAITif-BASED ORGANIZATIONS: Recipient assures that all grant projects provided by Recipient shall comply with the Equal Treatment for Faith­Based Organizations Regulation, 28 C.F.R. Part 38 and amendments thereto.

20. POLITICAL ACTIVITY: Recipient shall comply with all applicable federal and state statutes and regulations applicable to political activity restrictions and requirements including, but not limited to, The Hatch Act, 5 U.S.C. §7321-7326, as amended; 5 C.F.R. Part 733 and 5 C.F.R. Part 734 subparts A-G; K.S.A. 75-2953; K.S.A. 25-4169a; and K.S.A. 75-2949f. Frequently asked questions regarding The Hatch Act can be found at www.osc.gov/haFederalfag.htm.

21. LIMITATION ON LOBBYING ACTIVITIES: Recipient shall not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification, or adoption of any law, regulation, or policy at any level of government without the express prior approval of the Federal Office of Justice Programs or the OJJDP.

22. LIMITED ENGLISH PROFICIENCY: Recipient assures that reasonable steps have been or will be taken to ensure meaningful access by persons with limited English proficiency that are eligible for assistance or services from any Recipient program assisted under JJDP A. Further guidance can be found at DOJ's Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons, which can be found at 67 Fed. Reg. 41455 (June 18, 2002) or at www.lep.gov. Recipient shall have written policy and procedure to show how they shall address limited English proficiency with individuals having program access.

23. TEXT MESSAGING: Pursuant to Executive order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), Recipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and should establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

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24. OTHER REGULATIONS, IF APPLICABLE: Recipient will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as:

28 CFR part 18 - "Office of Justice Programs Hearing and Appeal Procedures" 28 CFR part 22- "Confidentiality ofldentifiable Research and Statistical Information"; 28 CFR part 23 - "Criminal Intelligence Systems Operating Policies"; 28 CFR part 30- "Intergovernmental Review of Department of Justice Programs ... "; 28 CFR part 35- ''Nondiscrimination on the Basis of Disability in State and ... "; 28 CFR part 38- "Equal Treatment for Faith-Based Organizations"; 28 CFR part 42- ''Nondiscrimination, Equal Employment Opportunity; Policies ... "; 28 CFR part 61 -"Procedures For Implementing The National Environmental ... "; 28 CFR part 63- "Floodplain Management And Wetland Protection Procedures".

a. Recipient shall not use grant funds to pay for the collection of data, analysis, and/or report preparation unless those activities are associated with the Federal reporting requirements.

b. Recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 29 C.F.R. Part 22 that are applicable to collection, use and revelation of data or information. Recipient further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirement of28 C.F. R. Part 22 and, in particular section 22.23.

c. Recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of Recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The detail of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of2006 (FFATA), are posted on the OJP web site at: http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation) and are incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own operate in his or her name).

25. HISTORIC PRESERVATION: Recipient assures compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. §470, Executive Order 11593, and the Archeological and Historic Preservation Act of 1966, 16 U.S.C. §569 (a-1) et seq. Recipient shall comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award.

26. If A RESEARCH OR STATISTICAL PROJECT: Recipient agrees to comply with the requirements of28 CFR Part 46 and all Office of Justice programs policies and procedures

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regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

27. IF A GOVERNMENTAL ENTITY: Recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 USC§ 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally­assisted programs; and Recipient will comply with requirements of the Hatch Act 5 USC§§ 1501-08 and§§ 7324-28, which prohibit State or local government employees whose principal employment is in connection with an activity fmanced in whole or in part by federal assistance from running for a partisan political office.

28. NATIONAL ENVIRONMENTAL POLICY ACT: Recipient assures compliance with the National Environmental Policy Act (NEP A) and other related federal environmental impact analysis requirements in the use of these grant funds. Recipient understands that this applies to new activities whether or not they are being specifically funded by these grant funds. That is, as long as the activity is being conducted by Recipient and the activity needs to be undertaken in order to use these grant funds, this assurance must first be met. Recipient shall notify the DOC prior to any of the activities taking place. The activities covered by this provision are:

a. New Construction;

b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland or a habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;

c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;

d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and

e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

Recipient assures it will cooperate with the Federal Bureau of Justice Assistance (BJA) in any preparation by BJA of a national or program environmental assessment of the funded program activity.

29. DISCLAIMER OF LIABILITY: Neither the State of Kansas nor any agency thereof shall hold harmless or indemnify any Recipient beyond that liability incurred under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

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30. INSURANCE: The DOC shall not purchase any insurance against loss or damage to any personal property purchased with grant funds. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), Recipient shall bear the risk of any loss or damage to any personal property purchased with grant funds.

31. ADDITIONAL REQUIREMENTS: Recipient understands and agrees to comply with any additional requirements that may be imposed during the grant performance period if the DOC/OJJDP determines that the agency is a high-risk Recipient. Cf.28 C.F.R. parts 66, 70.

32. MISUSE OF GRANT FUNDS: Recipient understands and agrees that misuse of grant funds may result in a range of penalties, including suspension of current and future grant funds, suspension or debarment from state and/or federal grants, recoupment of monies provided under the grant award, and civil and/or criminal penalties.

33. FRAUD, WASTE, AND ABUSE: Recipient shall promptly refer to the U.S. Department of Justice, Office of the Inspector General and the DOC any credible evidence that a principal, employee, agent, contractor, Recipient, subcontractor, or other person has submitted a false claim for funds under the False Claims Act or committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving granted funds. Potential fraud, waste, abuse, or misconduct should be reported to:

Office of the Inspector General (AND) USDOJ - Investigations Division 950 Pennsylvania Ave, N.W. Room 4706 Washington, DC 20530 oig.hotline@usdoj.gov Hotline: 800-869-4499 Fax: 202-616-9881

Kansas Department of Corrections 714 SW Jackson Street, Suite 300 Topeka, KS 66603-3722

34. LEGAL AUTHORITY: Recipient assures they have the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost, if applicable) to ensure proper planning, management, and completion of the project described in this application.

35. UNUSED FUNDS: Recipient shall return to the DOC any unobligated grant funds on hand within 1 0 business days after the final Financial Status Report is due.

36. CORRESPONDENCE AND REPORTS: All correspondence, reports, and other documentation required by this grant shall be directed to the Kansas Department of Corrections, 714 SW Jackson Street, Suite 300, Topeka, KS 66603-3722 or emailed to janelle.amon@ks.gov. The original copy of the Grant Assurances to be mailed to the DOC office noted above.

37. F AlLURE TO COMMENCE GRANT PROJECT: If the activities described in the grant application have not commenced within 60 days after acceptance of the grant award, Recipient shall report in writing the steps taken to initiate the grant project, the reasons for

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delay and the expected starting date. If the activities have not commenced within the next 30 days of receipt of the above correspondence, a further statement in writing regarding the delay shall be submitted to the DOC. Upon receipt of the second correspondence, the DOC may terminate the grant and all unused grant funds shall be returned together with a complete accounting of all expenditures.

Federal Requirements

1. PROCEDURES TO OPEN GRANT A WARD: The following award documents must be submitted to DOC before the grant award will be considered open: a. Notification of Grant Award: The original DOC, OJJDP Notification of Grant Award

must be signed and dated by the head of the organization, returned to DOC by the stated due date, and signed by the DOC Secretary to be deemed open. Note the Grant Award Number assigned to the grant and any special conditions that may have been included.

b. Grant Assurances & Reporting Requirements: The original OJJDP Notification of Grant A ward and Grant Assurances & Reporting document must be signed and dated by the head of the organization or authorized official and returned to DOC to be deemed open.

c. Contractual Provisions Attachment: The original Contractual Provisions Attachment must be signed and dated by the head of the organization or authorized official and returned to DOC to be deemed open.

d. Equal Employment Opportunity Plan EEOP Certification Form: The original EEOP certification form must be signed and dated by the head of the organization or authorized official and returned to DOC to be deemed open.

2. QUARTERLY PROGRESS REPORTING REQUIREMENTS: a. Subgrantee Quarterly Narrative and Data Reports: These reports are due on the tenth

day of the month following the end of each quarter. There are four sections involved in the quarterly progress reports. They include a narrative update on the grantee's goals/objectives. A demographic report on participants served, a performance measurement report that includes both quarterly and cumulative data, and a fmancial report. DOC will withhold grant payments if reporting requirements are not met in a timely manner.

If the reporting date falls on a Saturday, Sunday or State Holiday, the quarterly reports may be submitted by 5:00p.m. the next working day following the due date.

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b. Annual Performance Report: The annual perfonnance report using OJJDP performance measures is due on the last day of the month following the end of the grant period.

c. Reporting No Activity: In any reporting period in which no activity took place, the required reports must still be filed in a timely manner. If no activity took place or no services were provided, report zero statistics and state why no activity took place for the quarter in question.

d. Extensions: A Recipient may request in writing an extension to submit a report(s) late. Any payments requests will be processed and mailed upon submission of the report(s).

e. Submitting Reports: A Recipient may email the grant reports to jjagrants.doc.ks.gov in order to comply with the reporting deadline. Reports must have required signatures.

3. FISCAL REPORTING: a. Allowable costs include the following: staff salaries and fringe benefits, travel, building

space, maintenance, equipment, supplies, program costs, consultants and training. Salaries and benefits must be fully detailed. Computers and software will be considered only if the need is fully justified. Applications must supply a budget narrative with full explanation and detail. Recipient shall follow U.S. Department of Justice I Office of the Justice Programs I Office of the Chief Financial Officer- current Financial Guide.

b. Payments: The signed and dated Grant Award, Grant Assurances and Reporting Requirements, EEOP, Five Most Highly Paid Executives, and Contractual Provisions Attachment must be approved by DOC before any payment is awarded. Request for payment of expenditures will be made upon the grant Reimbursement Request fonn. Please allow four weeks for reimbursement. DOC will not process payment requests during the last four working days of each month. For this reason, DOC strongly suggests that grantees make payment requests prior to the last five working days of each month. Participation in the direct deposit of funds will allow for funds to be electronically transferred into their banking institution.

c. Withholding of Funds: The awarding agency will withhold payments to a recipient organization receiving grant funds, if Recipient demonstrates any of the following:

1. Failure to attain program or project goals;

2. Failure to establish procedures that will minimize the time elapsing between the cash payment and expenditure;

3. Failure to adhere to guideline requirements or special conditions;

4. Failure to submit reliable and/or timely reports, including, but not limited to, Reimbursement and Quarterly Progress Reports;

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5. Failure to achieve timely financial reconciliation and closeout at the end of the project period of any grant awarded to Recipient.

Recipient may be required to finance its operation with its own working funds until such time Recipient is in compliance with all the above award conditions.

d Reimbursement of Expenditures: Grant recipient organizations should request funds based upon immediate reimbursement requirements. Funds will pay as project costs are incurred. Supporting documents must be submitted with the financial quarterly reports. All expenditure documentation including timesheets shall be marked with the grant title, grant award number and the CFDA number.

Documentation of all expenditure must be maintained for five years from end date of the award. Recipient must be able to produce documentation upon request for all expenditures. When a Recipient submits requests for reimbursement of expenditures, all requests must include the grant title, grant award number and the CFDA number.

e. Reporting No Expenditures: If there were no requests for reimbursement, a Reimbursement Request stating no reimbursement is requested is due the tenth of each month following the end of the current month.

f Period-End Obligations: If Recipient incurs obligations during the fmal reporting that will be paid in the first month following the end of the grant project period, Recipient may mark the Reimbursement Request as "NOT THE FINAL" report, reflecting those obligations appropriately. Upon expenditure of those obligations, Recipient will submit a "FINAL" Reimbursement Request. Recipient must pay for obligations within thirty days after the end of the grant project period.

g. Matching Funds: Grantees must identify the source(s) of all matching funds in budget documents. Matching fund expenditures must be reflected in each Reimbursement Request and included the grant title, grant number and the CFDA number. It is expected that matching funds will be expended on an equal basis with federal grant dollars. It is the policy of the federal government that federal funds may not be used to match other federal funds, unless expressly authorized by the funding agency. It is DOC policy that state funds awarded by DOC may not be used for match.

h. Program Income: If a Recipient requires a registration fee to participate in the grant funded fee programs, provisions must be made to ensure no one is denied service, because of inability to pay.

Programs may receive third party reimbursement (insurance, medical card, etc.) for services provided by the grant. All fees and third party reimbursement must be used to support the grant project. All program income generated must be reported in the Reimbursement Request and expended prior to use of grant funds.

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Documentation of all third party reimbursement documentation must be maintained for five years from the end date of the award. Recipient must be able to produce documentation upon request for all expenditures. When a Recipient submits requests for reimbursement of expenditures, all requests must include the grant title, grant award number and the CFDA number.

4. STANDARDS FOR FISCAL MANAGEMENT: a. ACCOUNTING SYSTEM· All grantees are required to establish and maintain accounting

systems and fmancial records to accurately account for funds awarded to them, along with any program income generated by the program. Grantee accounting systems must be sufficient to adequately track all grant funds, including the ability to prove that funds are not commingled. Such systems must also be able to allocate costs in a detailed and justifiable marmer. The records shall include both state and local funds. The grantee is responsible for establishing and maintaining an adequate system of accounting and internal controls. An acceptable and adequate accounting system shall include, but is not limited to, the following:

1. The ability to present and classify actual and projected expenditures of the grant as required for budgetary and evaluation purposes.

2. Shall have the ability to tract expenditures by budget.

3. Ensure cost and property control.

4. Control funds and other resources to assure that the expenditure of funds and use of property are in conformance with any general or specific conditions that apply to the grantee.

5. Meets the prescribed requirements for periodic financial reporting of operations.

6. Provides fmar~cial data for planning, control, measurement, and evaluation of costs.

7. Provides the entity with the ability to separately track each funding source and allows for reconciliation of the sub-system to the general ledger.

The various financial and program requirements of DOC funded programs, as well as the need for the grantee to separately account for individual awards, require a special program account structure beyond normal classifications by type of receipts, expenditures, assets, and liabilities.

b. COMMINGLING OF FUNDS: The accounting systems of all grantees must ensure that DOC funds are not commingled with funds from other local, state, and federal agencies. Each grant award must be accounted for separately. When a grantee's accounting system cannot comply with this requirement, the grantee shall establish a system to provide adequate fund accountability for each grant.

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c. RESTRICTIONS IN THE USE OF FUNDS: 1. Non-supplanting: Funds must be used to supplement existing funds for program

activities and not replace those funds which have been appropriated for the same purpose at the state or local level. Potential supplanting will be the subject of monitoring and audit. Violations can result in a range of penalties, including suspension of current and future funds under this program, suspension or debarment from federal grants, recoupment of monies provided under this grant and civil and/or criminal penalties.

2. Travel: Grantees cannot exceed travel, meals and lodging rates established by the State ofKansas.

3. Late Fees/Charges: It is Recipient's responsibility to pay for grant-funded goods and services in a timely manner. Grant funds may not be used to pay late fees, finance charges, interest, or any other costs associated with late or overdue bills. All costs assessed to Recipient for late or overdue bills will be the sole responsibility of Recipient.

4. Recipient cannot use any federal funds in support of the Association of Community Organizations for Reform (ACORN) without prior written approval from OJP.

d. End-of-Year: Any anticipated expenditure that occurred during the grant award period that will not pay out by the end of the grand award period must be obligated before the end of the award period and shall be paid within 30 days of the grant closure.

Unexpended funds on hand at the end of the grant period shall be returned to DOC within thirty days of the end of the grant period.

5. BUDGET REVISION REQUESTS: A grantee may make budget line-item revisions of their award if they have submitted the request on prior to implementing the requested change and the budget change falls into the category of moving funds appropriated in one line item into another (new line-items require approval by the KAG Grant Committee Chair). In addition all quarterly progress and expenditure reports must be current. Any budget line item revisions needed in the final expenditure report must be received by DOC thirty days before the end of the grant cycle. Upon approval, all budget revisions will need to be reflected on any subsequent expenditure reports.

a. Revision Request: Reallocation of dollars between approved line items in Recipient's grant project budget upon grant award notification is allowed one-time without prior approval up to ten percent of the budget, provided the change does not affect the scope of the grant project. However, a revised budget revision form and budget narrative must be submitted to the Juvenile Justice Specialist ten days prior to the effective date of the change. This rule does not apply to line items in the equipment budget category.

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Any modifications made to Recipient's approved grant budget that exceeds the ten percent rule or is a modification in Equipment budget category or in an unapproved line item first must be approved by the KAG Grants Committee Chair. DOC defmes equipment as assets with a useful life of one year or more and a purchase cost of $500.00 or more.

The following must be submitted to request a revision:

I. Budget Request Form- A written request must include an explanation of the need for the revision and the amount of the grant funds that will be re-appropriated. Budget revisions may only be requested within line items previously approved; funds can be moved into new line items during the grant project period with the KAG Grants Committee Chair review and approval. Grant project funds cannot be used to reimburse mileage expenses in excess of the state rate. If Recipient chooses to reimburse at a rate in excess of this amount, Recipient should be aware that no grant funds administered by DOC can be used to make up the difference.

2. Request for Amendment to Approved Budget Form reflecting the new requested budget. All three columns must be filled out completely and signed by Recipient for their request to be considered.

3. A Budget Narrative reflecting the new requested budget.

b. Approval/Denial: The Juvenile Justice Specialist will respond to Recipient's request within thirty days with an approval or denial. There is no limit to the number of budget revisions a Recipient can request. However, frequent or repeated requests may raise concerns in regard to Recipient's budgeting practices. An approval to allow a budget revision is effective as of the date of the approval letter.

6. PROGRAM REVISION REQUESTS: a. Notification after the Fact: If Recipient has a staff changes, change of address, email, or

phone/fax number change, the Juvenile Justice Specialist must be notified in writing within 10 days of the change on Recipient letterhead.

b. Changes to the Scope of the Program: Modification to the approved program (e.g. target group, services, staffing, objectives, performance measures etc.) must be submitted to the DOC for approval by the Juvenile Justice Specialist and the KAG Grant Committee Chair before the changes are made. All other organizational modifications including changing sub-contractors, etc., are subject to KAG approval. An approval to change the scope of the program is effective as of the date of the approval letter or e-mail.

7. EQUIPMENT: All equipment purchased with grant funds must have been included in Recipient's approved budget prior to the purchase. DOC defmes equipment as assets with a useful life of one year or more and a purchase cost of $500 or more. Recipient shall follow its agency written policies and procedures in regard to purchasing approval, needs assessment, bidding, etc. when purchasing equipment. For each equipment purchase, Recipient must

15

email the DOC at janelle.~on@ks . .gov. _ ~i!~ !h~ Jg~e_!l!~ll': ~g~ipgJ.~gt_ ~opp._ ~i!hJI! ~Q ~~x_s ~ _- -f...:F~ie=ld=-C-=od=e--=C:.:::ha=n~ged.:::=-______ _) of the purchase date. An Equipment Inventory Form is on the DOC website that includes all · of the information listed above. It is Recipient's responsibility to maintain inventory records that can be reviewed at any time by DOC staff. In addition, Recipient is responsible for providing justification as to the need and use of the equipment.

a. Procurement of Contractual Services: Recipient shall follow its agency's written procurement procedures, provided that the procurement conforms to applicable federal and state law. All procurement transactions, whether negotiated or competitively bid, shall be conducted in a manner that provides maximum open and free competition.

8. GRANT ON-SITE/DESK REVIEWS: All Recipients are subject to an on-site or desk review by DOC staff. These reviews will take place during the year or year(s) in which the program is funded. Recipients will be contacted two to three weeks prior to the review. In the interim, a Site Visit Monitoring Report will either be mailed or e-mailed indicating what information will be reviewed during the on-site visit or what information is to be submitted in conjunction with a desk review.

a. On-Site Reviews: At the on-site visit, DOC staff will interview the grant project director and any grant-funded project staff, as well as discuss the Site Visit Monitoring Report. Recipient should be prepared to answer all questions in the report. Programmatic/statistical information will be reviewed to determine the grant project's progress toward meeting its objectives as outlined in Recipient's approved grant application. DOC staff will randomly select three months of financial documentation to be reviewed.

b. Desk Reviews: For a desk review Recipient will complete and return the Grant Project Review Report to DOC, along with financial and programmatic/statistical documentation over a pre-determined three-month period. Upon receipt of the requested information, DOC staff will review the material for approval and allowable costs, and for progress toward meeting objectives as outlined in Recipient's grant proposal.

c. Completion of Reviews: Upon completion of a grant project review, a written report is prepared by DOC and is reviewed and signed by the Juvenile Justice Specialist. A signed report is forwarded to Recipient that will list any actions required and the date they are due. When the requirements are submitted by Recipient and are approved, staff will forward a letter to Recipient verifying that the documents were approved. If the requirements are not submitted by the due date, it will result in the delay of payment.

Additional random grant reviews may be conducted throughout the grant year. Upon request by staff, Recipient may be required to send in specific documentation over a designated time period. This review may include financial and/or programmatic/statistical reports, along with all the supporting documentation.

16

9. GRANT RECORD KEEPING/AUDIT PROCEDURE: Grantees agree to allow DOC, OJJDP and representatives of the agency full and complete access to all program and fmancial records on an as needed basis.

Grantees are expected to maintain books, records, documents, and other evidence, and certified accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement, and to summarize costs in such a manner as to identify them with the delivery of specific services outlined in the project agreement. Book keeping procedures must comply with Federal Audit requirements under OMB Circular A-133. The DOC reserves the right to request a complete fiscal audit at any time during or after a given grant cycle.

Recipient will submit within 30 days of receipt any findings and/or recommendations stated in the audit including a written explanation stating how the findings and/or recommendations were, or will be addressed by Recipient.

All program and fiscal records shall be retained for a mm1mum of three years after submission of the final grant report. Grantee shall notify the grantor agency of any circumstances that might impair the integrity or security of these materials during the retention period.

10. GRANT TERMINATION/APPEAL PROCEDURE: If, in the judgment of the KAG and DOC the grantee has not complied with the provisions of the grant application, including both program and evaluation components, the State may terminate this agreement. The State agrees to give written notice of termination to the grantor at least 30 days prior to the termination of the grant award. Grantee, shall, upon such termination, repay any funds that are not documented as allowable under the provisions of the grant. The State will pay the grantee for all allowable expenses incurred to the date of termination. The termination of the grant pursuant to this paragraph shall not cause any penalty to be charged to the State.

DOC administers this program. Rules and regulations governing the program are subject to change. From time to time it will be necessary for the Secretary of Corrections to revise rules and regulations and eligibility requirements in accordance with statutory provisions when money limitations or other circumstances necessitate such changes. This means that eligibility for participation in a program and the continuation of programs is subject to program and money change. Participation in a service is subject to change after notice.

Applicants may appeal any fmal act or decision to the KAG and DOC as provided by law.

11. AGREEMENT WITH LAW AND AGENCY POLICIES: All awards and agreements are subject to the laws of the United States, the State of Kansas, and the policies of DOC.

17

Programs funded through funds from the OJJDP shall adhere to all applicable state and local licensing requirements for similar programs. Programs without proper licensure could fmd the program out of compliance with the grant program.

The provisions found in Contractual Provisions Attachment (Form DA 146a) attached hereto are incorporated in this contract and made a part thereof.

The signatory and others interested in this agreement are hereby notified and understand that any agency of the State of Kansas and its boards, commissions, departments, agencies, bureaus, and institutions, and all community assemblies and groups (collectively known as ''the State of Kansas and its governmental subdivisions") are not liable for any claims based upon implied contract pursuant to K.S.A. 46-903. The State of Kansas and its governmental subdivisions are also not liable for negligence or for any other tort unless specifically provided for by the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., and the parties agree that no provision herein, express or implied, special or otherwise, directly or indirectly, shall be deemed to constitute a waiver of immunity, notwithstanding any such provision to the contrary.

To comply with the requirements of Civil Rights Act of 1964 (P.L. 88352 and K.S.A. 44-1030), Section 504 of the Rehabilitation Act of 1973 (20 U.S. C. 706) and the Americans with Disabilities Act of 1990 (P.L. 101-336), DOC will not do business with any individual or firm whose employment or service delivery practices discriminates against any person on the grounds of race, color, national origin, ancestry, religion, age, sex, handicap, religion, or political affiliation. Failure to do so may be deemed by the DOC to be a breach of contract.

All publicity releases and materials published in connection with the project shall conspicuously acknowledge support of the KAG, DOC and the funding source.

Interest in all property herein described if any, or any personal liability to him/her arising from this agreement, to whatever extent, shall be considered to be covered by applicable insurance by the grantee to extent required. Notwithstanding any language to the contrary, no interpretation shall be allowed to fmd the State of Kansas or any of its agencies responsible for loss or damage to persons or property not to hold grantees harmless from such occurrences.

18

Special Conditions to Grant Award

This grant award is subject to the following special conditions:

1.

Required Signature

Signature of Authorized Certifying Official I Date: _________________ _ Robert Archer

Typed Name of Authorized Certifying Official: -=------=----=---:--:--=--=------­Shawnee County Commission Chairperson

Title: ---::-::-::-:::=-:=-c:::---=-:-:-=---=-----==-=-::-::-::-=-=-----200 SE 7ili Street, B-11 Topeka, KS 66603

Address:--------------~---

19

State of Kansas Department of Administration DA-146a (Rev. 06-12)

CONTRACTUAL PROVISIONS ATIACHMENT

Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision:

"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12), which is attached hereto, are hereby incorporated in this contract and made a part thereof."

The parties agree that th1'i,ollowing prcyisions are hereby incorporated into the contract to which it is attached and made a part thereof,

said contract being the day of ~IN\ e. , 20ll_.

1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

2. Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges-hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State 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 State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 .§!~).

5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 .§!~and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 .§!seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 .§!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 or 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 at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

Contractor agrees to comply with all applicable state and federal anti-discrimination laws.

The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency.

6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

7. Arbitration. Damages. Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them 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 .§!seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.

11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 ~ ~-

12. The Eleventh Amendment: ''The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

13. Campaign Contributions I Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.

TO:

FROM:

DATE:

RE:

Shawnee County

Office of County Clerk CYNTHIA A. BECK

785-251-4155 Fax 785-251-4912 200 SE 7'h Street Room 107 www.snco.us Topeka, Kansas 66603-3963

MEMORANDUM

Board of Cou~~Commissioners

cynthia 6!..'1Ct~cr county clerk

June 7, 2017

Board of County Commission minutes

/ J( } . ,

:1-~

Please acknowledge receipt and consider approval of Board of County Commission meeting minutes for May 1, 4, 8, 11, 15, 18, 22, 25, 2017.

Thank you.

w Shawnee County 3

Office of the County Counselor

JAMES M. CROWL County Counselor

Shawnee County Courthouse 200 SE ih Street, Ste. 100

Topeka, Kansas 66603-3932 Office: (785) 251-4042

Fax: (785) 251-4902 Email: counselors@snco.us

MEMORANDUM

TO:

FROM:

DATE:

RE:

Board of Shawnee County Commissioners ~

Jonathan C. Brzon, Assistant Shawnee County Counselor .· [~ June 7, 2017

Request from Westar Energy, Inc. for Grant ofRight of Way; Property at 5200 SW Wenger Street (Central Crossing Commerce Park) Home Depot Distribution Center

Please place this item on the Monday, June 12,2017 Commission CONSENT agenda.

Westar Energy has asked the County for a Grant of Right of Way on property located at 5200 SW Wenger Street which is the site of the Home Depot Distribution Center. This property was deeded to the County in 2009 concomitant to the issuance of industrial revenue bonds to Home Depot.

Home Depot Distribution Center and Realty Income Corporation, the owner of the bond, are agreeable to the Grant of Right of Way and will be providing executed Consent Agreements.

Our office recommends that the Board grant the easement to Westar. If you have any questions, please do not hesitate to contact me at ext. 4042 or contact our Bond Counsel, Robert Perry at 785-640-1842

JCB/mlb

Attachment

c: Mr. Robert J. Perry, Bond Counsel Ms. Claudia M. Vines, Contract Agent, Westar Energy, Inc. Lynn Holliday, Seyfarth Shaw, LLP (Home Depot Distribution Center) William M. Andersen, Senior Legal Counsel, Realty Income Corporation

Lot 2, Block A, Central Crossing Commerce Park Sub No. 2 Pt. N/2 S36-T12S-Rl5E

GRANT OF RIGHT OF WAY

For and in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, Shawnee County Kansas, a public body corporate and politic under the laws of the state of Kansas, ("Grantor") do hereby grant, convey and warrant unto WESTAR ENERGY, INC., a Kansas corporation, its successors, assigns and lessees, ("Grantee") the right and easement to alter, conduct surveys, construct, erect, inspect, install, maintain, operate, rebuild, reconstruct, relocate, remove, renew, repair and replace electric and communication transmission and distribution lines and their appurtenances under varying conditions of operation, including the poles, towers, anchors, guys, crossarms, insulators, conductors, conduit, ducts, cables, and other fixtures and equipment appurtenant thereto for the transmission and/or distribution of electric energy and communications in, along, under, across, and over the Grantor Real Property on a strip of land particularly described in Exhibit "A" attached hereto and made part of this instrument by reference ("Right of Way") (individually and in any combination referred to as the "Rights"), together with the right of ingress to and egress from the Right of Way on and over the portion of the Grantor Real Property that is immediately adjacent to the Right of Way for the purpose of Grantee exercising the Rights ("Access Rights"). Grantee shall exercise the Rights and Access Rights in conformity with all applicable laws and restrictions encumbering the Grantor Real Property and in a reasonable and appropriate manner as determined in its good faith and when practicable, use existing roads and lanes. The "Grantor Real Property" is that certain real property owned by Grantor and described as:

16-EC-1 MOD_REV-6

Lot 2, Block A, Central Crossing Commerce Park Subdivision No.2 recorded in the aforesaid Register's Office in Plat Book 46, Page 38-39 on February 11, 2009. TOGETHER WITH: those certain easement rights accruing thereto under that certain Drainage Detention Facility Easement over Lot 2 of the S.W. 57th Street Distribution Center Subdivision as established by the Final Plat for S. W. 57th Street Distribution Center Subdivision recorded in the aforesaid Register's Office in Book 38, Page 128-129 on August 30,2002.

Page 1 of4

115.19, Westar RES#: 16-023, SN-15.1 Shawnee County

In the exercise of the Rights and Access Rights, Grantee shall have the further right to trim, remove, eradicate, cut and clear away any trees, limbs,, brush and vines ("Woody Vegetation") on or immediately adjoining the Right of Way or on routes exercised as Access Rights now or at any future time whenever in its judgment such Woody Vegetation will interfere with or endanger the exercise of the Rights or the Access Rights. All such Woody Vegetation shall be burned or removed by the Grantee unless otherwise agreed to by Grantor.

The Grantor, its heirs, successors, assigns and lessees, may cultivate, use and enjoy the Right of Way, provided such use shall not, in the reasonable judgment of Grantee, interfere with or endanger the Rights, and provided further that no improvements, buildings or structures shall be located, constructed or otherwise placed on the Right of Way without the prior written consent of the Grantee, which consent shall not be unreasonably withheld.

In the event Grantee causes damage to Grantor or the Real Property from the exercise of the Rights or Access Rights, Grantee shall either cause the physical, material damage to be repaired or pay Grantor the reasonable cost of such work; said damages, if not mutually agreed upon, shall be appraised, ascertained and otherwise valued by three disinterested persons, one of whom shall be selected by each, Grantor and Grantee, their heirs or successors, assigns or lessees, and the third by the two so selected. The damages determined by such persons, or a majority of them, shall be conclusive. This shall be Grantee's only liability for damage to Grantor or the Real Property. However, Grantee shall and does hereby indemnify, defend and protect Grantor and hold Grantor harmless from any and all other loss, cost, damage, expense, and/or liability including, without limitation, any personal injury unless such loss, cost, damage, expense, and/or liability was caused by the conduct of Grantor.

Grantor makes no representations or warranties of any kind, either express or implied, with respect to the Grantor Real Property or the Right of Way or the conditions thereof. Additionally, the Right of Way and all Rights and Access Rights granted herein are subject to all matters of record; applicable laws, ordinances, statutes, orders, requirements and regulations to which the Grantor Real Property is subject.

This grant shall be binding upon the heirs, successors and assigns of the Grantor and shall otherwise run with the land.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all ofwhich, taken together, shall constitute one and the same agreement.

[Remainder of page intentionally blank, signature pages follow.]

16-EC-1 MOD_REV-6

Page 2 of4

115.19, Westar RES#: 16-023, SN-15.1 Shawnee County

WITNESS the hand of the Grantor this __ day of ______ , 2017.

SHAWNEE COUNTY KANSAS, A PUBLIC BODY CORPORATE AND POLITIC UNDER THE LAWS OF THE STATE OF KANSAS

By: ____________ _

Name: Robert E. Archer

Title: Chair, Board of County Commissioners, Shawnee County, Kansas

16-EC-1 MOD_REV-6

Page 3 of4

. : '''Jroved acto U~ga\ity •''•"'! ~/1 and Form: Date

ASST. co. c6TNs2 OR

R~catved---·· -···-··-·-··-

115.19, Westar RES#: 16-023, SN-15.1 Shawnee County

ACKNOWLEDGMENT

STATE OF ______________ ~ ) SS:

COUNTY OF ____________ )

On this day of , 2017, before me, _____________ ,a Notary Public in and for said County and State aforesaid, personally appeared Robert E. Archer as Chair, Board of County Commissioners, Shawnee County, Kansas of Shawnee County Kansas, a public body corporate and politic onder the laws of the state of Kansas

and did say that said instrument was signed and delivered in the name and on behalf of said entity acknowledge said instrument to be the free and voluntary act and deed of said entity.

WITNESS my hand and seal the day and year last above written.

My appointment expires:

16-EC-1 MOD_REV-6

Print Name Here

Page 4 of4

Notary Public

115.19, Westar RES#: 16-023, SN-15.1 Shawnee County

EXHIBIT 'A'

~

I{) N 0 0 al

~

~ -o 2 0 a: 0> 3:: -o 0

(.)

~ ~ c: 3:: c

..c: Ul

I

.0 0 I z

Ul .J Gi en c

..c: a. 0> c: 'iii en e

(.)

e .... c: ~

J .... ll'l N 10 <D

~ Ul

c: c a:

/ "0 c (.) 0

NW CORNER NW XI /

~12S-R15-E~~----------------~~

0

I I

r 1 oo·

LOT2 BLOCK'A'

CENTRAL CROSSING COMMERCE PARK SUBDIVISION N0.4

L=281.25' R=1462.50'

CH=Nl 0 21'21"E CL=280.81'

WEST LINE OF LOT 2

P.O. SW CORNER LOT 2,

BLOCK 'A' CENTRAL CROSSING

COMMERCE PARK SUBDIVISION N0.2

l SCALE: 1" = 1 00' .... ll'l N THIS SKETCH HAS BEEN PREPARED FOR EASEMENT EXHIBIT ~ PURPOSES ONLY AND DOES NOT CONSTITUTE A BOUNDARY / SURVEY. DISTANCES AND BEARINGS ARE BASED ON NAD-83 c::i KANSAS NORTH ZONE STATE PLANE DATUM. EASEMENT IN ~ ROAD RIGHT-OF-WAY, SHOWN HEREIN, IS TO EXPRESS THAT -6' IT IS INTENDED FOR THE EASEMENT TO REMAIN AND

I

NE CORNER J.!2 SEC.36-T12S-R15E

0.13 AC. =ROAD RIGHT OF WAY EASEMENT AREA 0.26 AC. =EASEMENT AREA 0.39 AC. = TOTAL EASEMENT AREA

EASEMENT AREA = 0.26 AC. +/-

SN-15.1 SHAWNEE COUNTY, KANSAS

LOT 2, BLOCK 'A' CENTRAL CROSSING COMMERCE

PARK SUBDIVISION N0.2

----~ ssoo03

,43

,W SOUTH LINE OF LOT 2

72.90' LOT 2 BLOCK 'A'

S.W. 57TH STREIT DISTRIBUTION CENTER SUBDIVISION

LEGEND SECTION LINE

---------- EASEMENTLINE

P.O.B. POINT OF BEGINNING

RIGHT OF WAY LINE

EASEMENT AREA

ROAD RIGHT OF WAY EASEMENT AREA

P.O.C. POINT OF COMMENCEMENT

o EXTEND ACROSS THE RIGHT-OF-WAY, IF SAID RIGHT-OF-WAY 2 SHALL EVER BE VACATED, ABANDONED OR RELOCATED. ~ LINE 115.09

~ REV. DESCRIPTION DATE 1vz- E CENTRAL CROSSING suB. £ 1 ADD. DIMENSIONS&AREACHANGE 11-11-2016 ·w'estaf 11.e1gYn. TO UNDERPASS SUB. ~~C~AD~F~ILE~N~O--------~~DR~~~N~BY~----~~CH-E-CK-ED-~------~~~=M~E============================~~M~TE=:========~I

16521.540 LWB SIM SN-15.1 ~r--------------L----------~--------~ SHAWNEECOUNTY,KANSAS c 1200 SW EXECUTIVE DR z BARTLE,.,P-'- TOPEKA, KANSAS 66615 SHAWNEE COUNTY

lL----------~~~~E~S~T~----~7~85~-~27~2~-2=2=52~----~==============KA==N=S=AS=====================1==0=F=2==~

11-11-2016 SHEET NO.

-~ ).

~ )

EXHIBIT'A'

EASEMENT DESCRIPTION:

A PORTION OFTHATCERTAIN PARCEL OF LAND DESCRIBED IN PEED RECORDED MARCH 13i 2009 IN BOOK 4681, PAGE 81 IN THE OFFI¢6 OF THE SHAWNEE C:()UN,TY REGI~ER QF D'EEOS SlTIJATED IN LOT 2 BLOCK 'A' CENTRAL CRQSSING COMMERCE PARK SUBDMSION N0.2, LOCATED IN THE NORTHWEST AND NORTHEAST QUARTERS OF SECTION 36, TOWNSHW ~2 SOUTH, RANGE 15 EAsT QF THE SIXTH PRiNOPAL M~RIDIANi sHAWNEE coUNTY, kANSAS, DESCRIBED AS FOLLOWS;

BEGINNING ATTHE SOUTHW!:ST CORNER OF SAID LOT 2.; THENCE COINODENT WITH THE WEST LINE OF SAID LOT 2, BEING A CLIR\(E TO THE RIGHT HAVING A RADt!JSOF 1462,50 FEET, A CENTRAL ANGLE OF 1~ DEGREES 01 MiNl.iTE OG SECONDS, (WHOSE CHORD BEARS NORTH 01 DEGREE 21 MINUTES 21 SECONDS EAST,(BEARINGS BASED ON NAD-83 KANSAS NORTH ZONE sTATE PLANE OATUM), 2$0.$1 FEET), AN ARC LENGTH OF 281.25 FEET; THENCE SOUTH 13 DEGREES ~9 MINUTES 30 SECONDS EAST, A DISTANCE OF 275,96 FEET TO THE SOUTH UNE OF ~AID LOT 2; TfiEN!:;E SOUTH 80 DEGREES 03 MINUTES 43 SECONDS WEST, COINODENT WITH SAID SOUTH LINE, A DISTANCE OF 72.90 FE!:[ 10 THE PO{NT OF BEGINNJNG. CONTA£NING 0.26 ACRES, MORE 0~ LESS.

SURVEYOR CERTIFICATION:

I, LAWRENCE W. BARNARD1 A PROFESSIONAL SURVEYOR IN THE STATE OF KANSAS, DO HEREBY CERTIFY THAI I HAVE MADE OR HAD MADE: UNDER. MY DIRECT SUPi:RVI5ION THE HERi:ON DE:SCRIBED EASEMENT ON THE GRO(JNO ON JULY 20,2016 AND tHAT SAID EASEMENT MEETS OR EXCEEDS CURREN! kANSAS MINIMl..iM STANDARDS ADOPTED BY KANSAS STATE BOARD OF TECHNICAL PROFESSIONS.

LAWRENCE W, BARNARD P.S. #1156 BARTlETT &WEST

)

~ ~ U.NEJ15.o~ ~t:R=:-81.-r.:o=ESo=-Rt::::Pti:-=:oN-:---------~oA='TE-----; ·_--lVhrin·r·· p,.....nNYl'iol. __ ;·,. CENTRAL CROSSING SUB, - 1 ADD. DIMENSIONS & AREA CHANGE 11 .,11 ~2016 'Wt::JL.U> .t..:.il U::.1!5,J TO UNDE_RP_ ASS_ S_ U. 8,_ ~rc~AooAA~~tNoo-----u~~-----~c~~~~krn~-~~·-----~~~============================~~~J~~-========~

16s2t.54o LWB SIM NAME sN-15.1 ~ t-------"'--""----1-

20-0-5-w-'· EX-_-EC_UTIV ____ E_D....;.R........_-; SHAWNEE COUNTY, KANSAS

~ BARTLE'T"1{)_1- TOPEKAi KANSAS 66615 SHAWNEE COUN1Y

rL---------~~~~E~S~T------~7~85~-2~7~2-~2=~~2~----~============~=·==SA=S====================2=0=F=2~

11-11-2016 ~EEl' NP.

Vendor# 999995/101 INV# 32283

~ RIGHT OF WAY SETTLEMENT

~r Owner S~Whu. fPtw-fy 1 l<A.n5a.5

Energye D Multiple owner % Agent t.ICtl-<.d I~ mes Project Name ~hi C(ll ~~~~ fhtt-S<- ?-

Project# lltJ ... 0~3 Line# tl5 ~I CZ Tract# .z,rJ- tS.I Agent Phone No q,3- 24t1~2Lftf

Qtr NvJ , Section 30 , Twp I "2..- S, Rng ___jf2____@N, 5~ County,, KS

Or Lot ~ , Block A , Subdivision ~ Uv£f,l}lg Gmf~city £o pd-=4 The Owner has agreed to th~ sum of$ .Lf

1560 1 Do from WESTAR ENER--dY in full settlement and consideration for

a fully executed easement.

D IRS Form W-9 attached

Owner's Signature _______________ Date ______ _

Phone Number -------Special Requests :

.1- G@..vl+ tz+ 'Rta h f a-P- w Ct~ - sN - 15.,

OFFICE USE ONLY Check To : Check Needed _____ _

Name: AR G H- D TP A'L So 0 I ) l-t..C 1 iA DdetW'l.v-e I rmr-kd bet fe,i lt!J CamptA-Aj Address: /I Cfq5 El Cconino R~ 1 Am: Chn:s-bn-e £asiZiYlS

City, State, zip : Sw :PI'~n 1 C A Cf Z/3 V Amount44J 550 ~ r:;D

REMIT~RNV~------------------------------------Approved by:------------ Bus Unit Oper. Unit 10000

Date: ______ _ Acct CF WA __ Dept 06814 Proj _______ _ JT ___________ _

Form 142-1 (4-16)

Breakdown of Proceeds:

Project #_1..:...:6::..._-=02=3:::.___ ______ _

Line # 115.09

Tract# SN-15.1

Total Payment Amount: $ 4,550.00

The undersigned hereby authorizes and directs Westar Energy to disburse the payment

of$ 4 550.00 (Payment Amount)

to ARC HDTPAKS001, LLC. a Delaware limited liability company (Print Name)

of$ 0.00 (Payment Amount)

of$ 0.00 (Payment Amount)

Signed by:

Signature

to Shawnee County, Kansas (Print Name)

to Home Depot USA. Inc. (Print Name)

Authorized Representative, ARC HDTPAKS001. LLC Print Name

Signature Authorized Representative, Home Depot USA, Inc. Print Name

Date

Date

Signature Date Robert E. Archer. Chair. Board of County Commissioners. Shawnee Countv. Kansas Print Name

·Div::~d-.... ·------

'

June 12, 2017

Ms. LeAnn Thurman CSP Program Manager Business & Community Development Division 1000 S.W. Jackson St. Topeka, KS 66612

:LLL-' Shawnee County ¥

Board of Commissioners Shelly Buhler, 1st district Kevin Cook, 2nd district Bob Archer, 3rd district

Re: Letter of Support for GraceMed Wellspring Project (Topeka, KS)

Dear Ms. Thurman:

The Board of County Commissioners of Shawnee County Kansas is pleased to submit this letter of support for the application submitted by GraceMed Health Clinic, Inc. 2017-18 Kansas Department of Commerce Community Service Tax Credit Program. This $3,940,000 project will expand and enhance access to primary health, dental, vision, pharmacy and behavioral health services to many residents in Shawnee County who are medically underserved. The goal will be to serve 10,000 unduplicated patients in the first year of full operation, providing each with a health home through the Capitol Family Clinic or the school-based clinic in northeast Topeka.

Through partnership and collaboration with GraceMed we have supported their valuable contribution to the health of Shawnee County. Access to healthcare is a priority to the County Commission as well as to the citizens of Shawnee County. We look forward to supporting GraceMed as they grow in their ability to provide services to the medically underserved in Shawnee County.

Your favorable consideration and approval of GraceMed's request for $250,000 in community tax credits is appreciated. Together, our efforts will undoubtedly contribute to healthier adults and children, improving quality of life in the family household, the neighborhoods in which they live and for everyone who calls the Greater Topeka and Shawnee County area home.

Sincerely,

Board of Commissioners Shawnee County, Kansas

Robert E. Archer Chair

Kevin J. Cook Vice Chair

Michele A. Buhler Member

200 SE 7th Street, Rm. B-11, Courthouse Topeka, Kansas 66603-3933 (785) 233-8200 ext 4040 • Fax: (785) 291-4914 • E-Mail: Commission@snco.us • Internet Address: www.snco.us

DATE:

TO:

FROM:

RE:

/)!_ Shawnee County - 6

Office of County Treasurer

Room 101, Courthouse, Topeka, Kansas66603 Phone 785-251-5415 (MV)

785-251-5416 (Tax) http://www.snco.us

LARRYMAH COUNTY TREASURER

MEMORANDUM

June 6, 2017

Shawnee County Board of Commissioners

Larry Mah, Shawnee County Treasurer L.. 't<tt7 7 ;?jf-

April 2017 Bank Reconciliation

Please place this request on the Monday, June 12, 2017 Board of County Commission Consent agenda for final approval of the April 2017 bank reconciliation report. This bank reconciliation report has been reviewed and approved by Audit Finance Department.

Thank you for your time and consideration.

CC: Audit Finance Dept.

April 2017 Bank Reconciliation

Ending balance Per OneSolution

Reconciling Items

Less:

Credit cards (posted to bank May 1, 2017)

Deposit in Transit (posted to bank May 1, 2017)

Kanpay return (posted to OneSolution May 2, 2017)

Add:

Outstanding checks as of 4/30/2017

Credit Card payments (posted to OneSolution May 9, 2017)

ACH Credit-Lake Shawnee Golf Course (P & R) (posted to OneSolution May 1, 2017)

ACH Credit-KS Claims payment (SCHA) (posted to OneSolution May 9, 2017)

ACH Credit-Remote deposit (P & R) (posted to OneSolution May 1, 2017)

ACH Credit-Remote deposits (posted to OneSolution May 1, 2017)

ACH Credit-IRS payment (Register of Deeds) (posted to OneSolution May 2, 2017)

ACH Credit-Lockbox payments (Treasurer's Dept.) (posted to OneSolution May 1, 2017)

ACH Credit- Rubicon Global payment (Solid Waste) (posted to OneSolution May 2, 2017)

Payment to Ks Employment Security Fund (posted to bank May 1, 2017)

Payment to Mid America Forensic Pathology (posted to bank May 1, 2017)

Adjusted ending balance

Vault cash

Ending balance per UMB Bank

Difference

Prepared by: tjt

Shawnee County Treasurer's office

5/31/2017

$ 129,241,442.03

$ 129,241,442.03

$ $ $ $

$ $

$ $ $ $ $ $ $ $ $

$

36,499.77

36,288.00

30.00

72,817.77

1,936,654.10

78.11

35,416.50

58.32

155.00

167,638.80

87.00

533,662.91

224.00

28,928.52

44,583.33

2,747,486.59

$ 131,916,110.85

$ 4,000.00

131,912,110.85

131,916,110.85

$

TO:

~I II ' OFFICE OF THE DISTRICT ATTORNEY {p

THIRD JUDICIAL DISTRICT OF KANSAS Michael F. Kagay, District Attorney

MEMORANDUM

Board of County Commissioners

FROM: Michael F. Kagay, District Attorney /1 fc

DATE: June 6, 2017

RE: Request for Diversion Fund Payments

The District Attorney's Office wishes to pay the following invoices from their Diversion Fund account:

1) City of Topeka Parking Section for monthly validation fees for May 2017 a) Invoice No. PI 00006649 dated May 30, 2017 in the amount of $44.00

2) Huff, Shawn for transcript fees a) Invoice dated June 1, 2017 in the amount of $14 7.00

3) Independent Stationers for office supplies a) Invoice No. 224596 dated May 26, 2017 in the amount of$62.10 b) Invoice No. 224792 dated May 30, 2017 in the amount of$88.41 c) Invoice No. 225010 dated May 31,2017 in the amount of$63.15 d) Invoice No. 225229 dated June 2, 2017 in the amount of$745.51 e) Invoice No. 225455 dated June 2, 2017 in the amount of$32.99

4) Stacks LLC formerly JayHawk File Express for monthly pick-up and shredding of confidential documents and media, WebFile Express Subscription, and storage, under Contract C61-2015 [BCC Approved Contract on February 12, 2015] a) Invoice No. 131182 dated May 31, 2017 in the amount of$118.75 b) Invoice No. 131211 dated May 31, 2017 in the amount of$455.90 c) Invoice No. B633 dated May 31,2017 in the amount of$356.00

5) Willard & Schuyler for transcript fees a) Invoice No. 3505 dated May 19, 2017 in the amount of$373.50

6) Wolfe's Camera Shop for copy of video a) Invoice No. 813321 dated May 31, 2017 in the amount of$24.99

Shawnee County Courthouse 200 SE 7th Street Suite 214 • To eka Kansas 66603 • 785 251-4330

The District Attorney's Office hereby requests placement on the consent agenda for consideration ofthe above itemized invoices, in the total amount of$2,512.30, to be paid from the Diversion Fund account.

QTY DESCRIPTION EXT PRICE QTY DESCRIPTION

1 04/27 PK N SHOP 2VCHR 2.00 1 04/28 PK N SHOP 3VCHR 1 05/02 PK N SHOP 3VCHR 4.50 1 05/03 PK N SHOP 3VCHR 1 05/04 PK N SHOP 1VCHR 2.50 1 05/05 PK N SHOP 1 VCHR 1 05/09 PK N SHOP 1VCHR 1.00 1 05/11 PK N SHOP 2VCHR 1 05/15 PK N SHOP 2VCHR 10.00 1 05/17 PK N SHOP 3VCHR 1 05/18 PK N SHOP 1VCHR 0.50 1 05/23 PK N SHOP 3VCHR

•

nVOICe

Invoice No: Invoice Amount: Invoice Date: Due Date: Customer No.:

PI00006649 $44.00 05/30/2017 06/14/2017

-··--------

Account Balance:

--------------· ----------------- -----------------------~- ------ ------------

Invoice Amount: Invoice No: Invoice Date:

$44.00 PI00006649 05/30/2017

CITY OF TOPEKA

Please detach and remit with payment!

Account Balance:

CITY OF TOPEKA PARKING SECTION 620 SE MADISON UN_IT 10 TOPEKA, KS 66607

Customer No.:

SHAWNEE CO DISTRICT ATTORNEY VICTIM/WITNESS 200 SE 7TH ST TOPEKA, KS 66603

-~

EXT PRICE

8.00 5.50 1.00 1.50 3.50 4.00

' ·; .. l

$44.00

$44.00

0 independent Local Delivery Provided By: SALES INVOICE

OFFICE PLUS OF KANSAS

$1:<!UOl'IElr'$

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

!ACCT. NO. Sales Order No. CUSTOMER PO I

I PNW159047 0000000

PNWitem Description Customer 10:

IVR39403 ENVELOPE,CD/DVD,50PK,WH

Non-Core Per Contract# R141701

UNV96920 BOOK,STENO,GREGG,80SH,W

Per Contract# R141701

Amount Subject to Sales Tax

0.00

(End of Report)

Amount Exempt from Sales Tax

62.10

Ord Qty

10 PK

30 EA

Sales Invoice Number: SI00224596

Sales Invoice Date: 05/26/17

Page: 1

Ordered By: Kathy Beach

Ship DISTRICT ATIORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATIORNEY

TOPEKA, KS 66603

DEPARTMENT

Ship Qty Unit Price

10 PK 3.21

30 EA 1.00

Subtotal:

Total Sales Tax:

Total:

DUE DATE

06/25/17

Total Price

32.10

30.00

62.10

0.00

62.10

Oi.ndependant Local Delivery Provided By: SALES INVOICE

OFFICE PLUS OF KANSAS

St9tiO(Iei'S'

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

!ACCT. NO. Sales Order No. CUSTOMER PO I

PNW159235 0000000

PNWitem. Description Customer 10:

FEL73014 ORGANIZER,FILE,9DIV,WIRE

4 Brenda- 8 Rachel

Non-Core Per Contract# R141701

Amount Subject to Sales Tax

0.00

(End of Report)

Amount Exempt from Sales Tax

88.41

Ord Qty

12 EA

Sales Invoice Number: SI00224792

Sales Invoice Date: 05/30/17

Page: 1

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

DEPARTMENT

Ship Qty Unit Price

7 EA 12.63

Subtotal:

Total Sales Tax:

Total:

DUE DATE

06/29/17

Total Price

88.41

88.41

0.00

88.41

8 independent Local Delivery Provided By: SALES INVOICE

OFFICE PLUS OF KANSAS

. . !itatiC!n$1"$·

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800"·231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

IACCT. NO. Sales Order No. CUSTOMER PO I

PNWitem Customer 10:

FEL73014

4 Brenda - 8 Rachel

PNW159235 0000000

Description

ORGANIZER,FILE,9DIV,WIRE

Non-Core Per Contract# R141701

Amount Subject to Sales Tax

0.00

(End of Report)

Amount Exempt from Sales Tax

63.15

Ord Qty

12 EA

Sales Invoice Number: SI0022501 0

Sales Invoice Date: 05/31/17

Page: 1

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

DEPARTMENT

Ship Qty Unit Price

5 EA 12.63

Subtotal:

Total Sales Tax:

Total:

DUE DATE

06/30/17

Total Price

63.15

63.15

0.00

63.15

&independent Local Delivery Provided By: SALES INVOICE

OFFICE PLUS OF KANSAS

stauo.ners

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

!ACCT. NO. Sales Order No. CUSTOMER PO I

PNW159502 0000000

PNWitem Description Customer ID:

HEWCC364A CRTDG,PRNT,BLK,LJ,CC364A

Per Contract# R141701

UNV28068 NOTE, 3X3RCYC, 18/PK, YW

Per Contract# R141701

UNV35662 NOTE, STICK-IT, 1.5X2YW12PD

Per Contract# R141701

PAP5032315 CORRECTION,DRYLINE,5/CD

Per Contract# R141701

SMD34276 FLDR,FILE,ENDTAB,LTR,MLA

Non-Core Per Contract# R141701

PFX62714 FOLDER,ET MCRBGD 2FA,ML

Non-Core Per Contract# R141701

UNV42100 ENVELOPE,6X9,CAT,WHT

Per Contract# R141701

OFX00019 SUGAR, CNSTR,200Z

Per Contract# R141701

Transferred to page 2 ................................

Ord Qty

2 EA

1 PK

1 PK

12 PK

1 BX

1 BX

2 BX

1 EA

Sales Invoice Number: SI00225229

Sales Invoice Date: 06/02/17

Page: 1

Ordered By: Kathy Beach

Ship DISTRICT ATIORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATIORNEY

TOPEKA, KS 66603

DEPARTMENT

Ship Qty Unit Price

2 EA 139.81

1 PK 4.22

1 PK 1.19

12 PK 8.06

1 BX 61.20

BX

2 BX 13.75

1 EA 2.46

DUE DATE

07/02/17

Total Price

279.62

4.22

1.19

96:72

61.20

27.50

2.46

472.91

OindependJtrd Local Delivery Provided By: SALES INVOICE

OFFICE PLUS OF KANSAS

stationers.

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

!ACCT. NO. Sales Order No. CUSTOMER PO L PNW159502 0000000 \

PNWitem Description Customer 10:

Transferred from page 1 ............................ OFX00020 CREAMER, CNSTR, 120Z

Non-Core Per Contract# R141701

UNV01117 RUBBERBANDS,SIZE117,1 LB

Per Contract# R141701

UNV00433 RUBBERBANDS,SIZE33,1/4LB

Per Contract# R 141701

UNV83410 TAPE,. 75X1 0006ROUPK,CR

Non-Core Per Contract# R141701

REARR1205 PADS,CRT,KLEEN&DRY

Non-Core Per Contract# R141701

SAN37001 MARKER,SHARPIE,ULTRAFN,B

Non-Core Per Contract# R141701

UNV21200 PAPER,XERO/DUP,WELTR,20#

4 DA Adult - 2 JV

Per Contract# R141701

Ord Qty

2 EA

1 PK

2 PK

1 PK

1 BX

2 DZ

6 CT

Sales Invoice Number: SI00225229

Sales Invoice Date: 06/02/17

Page: 2

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

DEPARTMENT

Ship Qty Unit Price

2EA 2.71

1 PK 2.72

2 PK 0.70

1 PK 4.54

1 BX 7.28

2 DZ 14.89

6 CT 36.91

DUE DATE

07/02/17

Total Price

472.91 5.42

2.72

1.40

4.54

7.28

29.78

221.46

Local Delivery Provided By: SALES INVOICE OFFICE PLUS OF KANSAS

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

IACCT. NO. Sales Order No. CUSTOMER PO L

Amount Subject to Sales Tax

0.00

(End of Report)

PNW159502 0000000

Amount Exempt from Sales Tax

745.51

Sales Invoice Number: SI00225229

Sales Invoice Date: 06/02/17

Page: 3

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

DEPARTMENT DUE DATE

07/02/17

Subtotal: 745.51

Total Sales Tax: 0.00

Total: 745.51

8 independt:ant Local Delivery Provided By: SALES INVOICE

OFFICE PLUS OF KANSAS

. .staCIOI'ISr$

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

!ACCT. NO. Sales Order No. CUSTOMER PO I

PNW159502 0000000

PNW Item Description Customer 10:

HEWCC364A CRTDG,PRNT,BLK,LJ,CC364A

Per Contract# R 141701

UNV28068 NOTE,3X3RCYC,18/PK, YW

Per Contract# R141701

UNV35662 NOTE,STICK-IT,1.5X2YW12PD

Per Contract# R141701

PAP5032315 CORRECTION,DRYLINE,5/CD

Per Contract# R141701

SMD34276 FLDR,FILE,ENDTAB,L TR,MLA

Non-Core Per Contract# R141701

PFX62714 FOLDER,ET MCRBGD 2FA,ML

Non-Core Per Contract # R 141701

UNV42100 ENVELOPE,6X9,CAT,~HT

Per Contract# R141701

OFX00019 SUGAR, CNSTR,200Z

Per Contract # R 141701

Transferred to page 2 .................................

Ord Qty

2 EA

1 PK

1 PK

12 PK

1 BX

1 BX

2 BX

1 EA

Sales Invoice Number: SI00225455

Sales Invoice Date: 06/02/17

Page: 1

Ordered By: Kathy Beach

Ship DISTRICT ATIORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATIORNEY

TOPEKA, KS 66603

DEPARTMENT

Ship Qty Unit Price

EA

PK

PK

PK

BX

1 BX 32.99

BX

EA

DUE DATE

07/02/17

Total Price

32.99

32.99

Local Delivery Provided By: SALES INVOICE 0 Independent OFFICE PLUS OF KANSAS

stattoners

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

!ACCT. NO. Sales Order No. CUSTOMER PO I

7 PNW159502 0000000

PNWJtem Description Customer 10:

Transferred from page 1 ............................ OFX00020 CREAMER,CNSTR, 120Z

Non-Core Per Contract# R141701

UNV01117 RUBBERBANDS,SIZE117, 1LB

Per Contract# R141701

UNV00433 RUBBERBANDS,SIZE33, 1/4LB

Per Contract# R141701

UNV83410 TAPE,.75X1 0006ROLIPK,CR

Non-Core Per Contract# R141701

REARR1205 PADS,CRT,KLEEN&DRY

Non-Core Per Contract# R141701

SAN37001 MARKER,SHARPIE,ULTRAFN,B

Non-Core Per Contract# R141701

UNV21200 PAPER,XERO/DUP,WEL TR,20#

4 DAAdult-2 JV

Per Contract# R141701

Ord Qty

2EA

1 PK

2 PK

1 PK

1 BX

2 DZ

6 CT

Sales Invoice Number: SJ00225455

Sales Invoice Date: 06/02/17 ·

Page: 2

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

DEPARTMENT

Ship Qty Unit Price

!=A

PK

PK

PK

BX

DZ

CT

DUE DATE

07/02/17

Total Price

32.99

Oindepend~nt Local Delivery Provided By: SALES INVOICE

OFFICE PLUS OF KANSAS

staCJoners.

Remit Independent Stationers, Inc. To: 5600 N River Road, Suite 700

Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

IACCT. NO. Sales Order No. CUSTOMER PO I

Amount Subject to Sales Tax

0.00

(End of Report)

PNW159502 0000000

Amount Exempt from Sales Tax

32.99

Sales Invoice Number: SI00225455

Sales Invoice Date: 06/02/17

Page: 3

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach 200 SE 7TH RM 214

DlSTRICT ATTORNEY

TOPEKA, KS 66603

DEPARTMENT DUE DATE

07/02/17

Subtotal: 32.99

Total Sales Tax: 0.00

Total: 32.99

STACKSLLC PO BOX2596

TOPEKA. KS 66601 888-832-9443

{Formerly Jayhawk File Express LLC)

Shawnee County District Attorney Accounts Payable 200 SE 7th, Ste. 214

Topeka, KS 66603

STORAGE: 5/1/2017 through 5/31/2017 Storage of2.0 cu ft box Storage of 2.5 cu ft box. Storage of 1.2 cu ft box. Storage of tube carton at minimum rate. Storage of 2.4 cu ft box. Storage of 1.5 cu ft box

INVOICE Invoice No. 0131182 Date: 5/31/2017 Acct: DISAT Account PO#:

Page: 1

From: 5/1/2017 to 5/31/2017

(0.4160/30 days) (0.5200/30 days) (0.2496/30 days) (0.2496/30 days) (0.4992/30 days) (0.3120/30 days)

~ STACKS

SECURE RECORDS

www.stacks.solutions

RATE

0.4160 0.5200 0.2496 0.2496 0.4992 0.3120

QTY

178.00 46.00 76.00 2.00 2.00 1.00

TOTAL

74.05 23.92 18.97 0.50 1.00 0.31

---------------· -----------------· 305.00 118.75

Total Amount Due 118.75

STACKSLLC PO BOX2596

TOPEKA. KS 66601 888-832-9443

(Formerly Jayhawk File Express LLC)

Shawnee County D.A. -Imaging Accounts Payable 200 SE 7th, ~te. 214

Topeka, KS 66603

STORAGE: 5/1/2017 through 5/31/2017 Storage of2.0 cu ft box. Storage of2.5 cu ft box Storage of 1.2 cu ft box.

RECURRING SERVICES WebFile Express Subscription

INVOICE Invoice No. 0131211 Date: 5/31/2017 Acct: DISAT\IMAGING Account PO#: From: 511/2017 to 5/31/2017

(0.4160/30 days) (0.5200/30 days) (0.2496/30 days)

RATE

0.4160 0.5200 0.2496

QTY

2.00 4.00

16.00

Page: 1

TOTAL

0.83 2.08 3.99

---------------· -----------------·

® STACKS

SECURE RECORDS

www.stacks.solutions

22.00 6.90

449.0000 1 449.00

449.00

Total Amount Due 455.90

Stacks

601 SE 5th St PO Box 2596 Topeka, Kansas 66607, United States P.: (785) 232-9443 E.: accounting@stacks.biz

Invoice Submitted To:

Shawnee Co District Attorneis Office 200 SE 7th St Topeka, Kansas 66603, United States P.: (785)233-8200

INVOICE

Invoice#

Invoice Date

Terms

~rA~K~ ~ECURE RECORDS

B633

31-May-2017

30 DAYS

Job Code Job Address

S000.6 S000.7

800300.8 800300.9

S00300.10 - ·-----·--·----·-··---···

S00300.11 . ... . .. ... . . - ~ ~

S00300.12

2722 SW Topeka Blvd, Kansas, Topeka, 66611, United States 2722-sv\il"opeka Bivd·. Karisas,.Tope.ka, 6-6611: Liriited states

200 SE 7th St, Kansas, Topeka, 66663~ Liriited States · ··-

200 sE 7th st. Kansas: Topeka. 666o3. United states ·· 200 8E 7th St, Kansas, Topeka, 66603, unhed States 200 SE 7th sf Kansas, Topeka, 66603, United States . 2oo SE 7th St. Kansas, Topeka, 66603, United States

Description Qty Umt Pnce ($) Tax($) Sub Total($)

SC 200 1ST, 200 lb Security Container Service

SC 200 1ST, 200 lb Security Container Service

SC 200 1ST, 200 lb Security Container Service

SC 200 1ST, 200 lb Security Container Service

SC 200 1ST, 200 lb Security Container Service

SC 200 1ST, 200 lb Security Container Service

SC 200 1ST, 200 lb Security Container Service

1.00

1.00

4.00

4.00

4.00

4.00

4.00

18.00

18.00

16.00

16.00

16.00

16.00

16.00

0.00

0.00

0.00 .

0.00

0.00

0.00

0.00

Total - --.-- - . ·-· ·-·-

(+)Tax

Grand Total ·

Amount Paid

Amount Due

Job Notes: Job # 4008 200 lb Security Container Service Nickell Memorial Armory 60

Job # 4008 200 lb Security Container Service Nickell Memorial Armory 60

Job# 3149 150 lb Security Container (Retriever) Service Juvenile Ste Suite 214 RT S00438 Job# 1037 150 lb Security Container (Retriever) Service Adult Suite 214 RT S00452 Job# 1038 150 lb Security Container (Retriever) Service Juvy Suite 214 RT S00894 Job #1036 200 lb Security Container Serviced Suite 214

18.00

18.00

64.00

64.00

64.00

64.00

64.00

$356.00

$0.00

$356.00

$0.00

$356.00

STATEMENT

635 KANSAS AVE. TOPEKA, KANSAS 66603

Federal J.D. Number 48-0585634 w1it~'s Camera Shops Inc.

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ATTORNEY

DATE PAID

DATE

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200 E 7TH #214 TOPEKA, KS 66612

NUMBER AMOUNT

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THANK YOU! WE APPRECIATE YOUR BUSINESS

TERMS J\ND CONDITIONS

PAYMENT OF THE ACCOUNT fS DUE .LIPON RECEIPT OF THtS STA'[eMENT. BALANCES THAT REMAIN UNPAID .AFTER .•

0"6/30/17

MAY BE SUBJECT TO A MONTHLY SERVICE CHARGE.

AMOUNT BALANCE

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CURRENT 30-60 6Q-90 OVER 90 TOTAL

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PLEASE REMIT TO:

PLEASE RETURN THIS PORTION WITH YOUR eAYMENT };'age l

STATEMENT DATE: OS/3.1 /17

ACCOUNT NO.

$AMOUNT ENCLOSE

SHAWNEE COUNTY DIST~~------­ATTORNEY 200 E 7TH #214 TOPEKA, KS 66612

IF PAYING BY INVOICE, CHECK INDIVIDUAL INVOICES PA

TRANSACTION INVOICE AMOUNT DATI; NUMBER CHANGE ON CREDIT

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TOTAL BALANCE

DY(i. 99

ROBERT J. PERRY, ESQ.

MEMORANDUM

9422 SW Hoch Road PO Box 359

Auburn, Kansa.r 66402 Voice - 785/256.2266

Mobile- 785/640.1842 Ema.il: roberijoelperry@gma.iLcom

Commission Agenda: June 12, 2017.

June 7, 2017

TO: Bob Archer, Chairman, Kevin Cook, Vice Chairman and, Shelly Buhler, Commissioner

FROM: Bob Perry, Bond Counsel

This resolution is in response to a petition filed by 100% of the owners of the land affected, (i.e., Charles F. Dultmeier, as Trustee of CF Dultmeier Trust, Jon Rollenhagen, Trustee to the Jon Rollenhagen Living Trust, and Dultmeier Homes Co.), and if approved, (i) will create Timber Ridge Subdivision Street Benefit District Phase IV, (ii) authorizes the construction of streets therein and (iii) proposes to assess all costs of the construction and installation of the improvements against the lots benefited thereby. The County has previously created and constructed sewers and streets in this subdivision and the developers have received sufficient demand for additional homes, therefore they are requesting the additional street improvements.

RESOLUTION NO. 2017-n

A RESOLUTION DECLARING THE NECESSITY AND ADVISABILITY OF MAKING INTERNAL IMPROVEMENTS IN SHAWNEE COUNTY, KANSAS AND DESCRIBING THE GENERAL NATURE OF THE IMPROVEMENTS, THE ESTIMATED OR PROBABLE COSTS THEREOF, THE EXTENT OF THE IMPROVEMENT DISTRICT TO BE ASSESSED FOR THE COST THEREOF, THE METHOD OF ASSESSMENT, AND THE APPORTIONMENT OF THE COST BETWEEN THE IMPROVEMENT DISTRICT AND THE COUNTY FOR THE TIMBER RIDGE ESTATES SUBDIVISION, SHAWNEE COUNTY, KANSAS STREET IMPROVEMENTS PHASE IV.

RESOLUTION 2017-2-7-

A RESOLUTION DECLARING THE NECESSITY AND ADVISABILITY OF MAKING INTERNAL IMPROVEMENTS IN SHAWNEE COUNTY, KANSAS AND DESCRIBING THE GENERAL NATURE OF THE IMPROVEMENTS, THE ESTIMATED OR PROBABLE COSTS THEREOF, THE EXTENT OF THE IMPROVEMENT DISTRICT TO BE ASSESSED FOR THE COST THEREOF, THE METHOD OF ASSESSMENT, AND THE APPORTIONMENT OF THE COST BETWEEN THE IMPROVEMENT DISTRICT AND THE COUNTY FOR THE TIMBER RIDGE SUBDIVISION, SHAWNEE COUNTY, KANSAS STREET IMPROVEMENTS PHASE IV.

Whereas, pursuant to KSA §68-728 et seq., (the "Act") a petition was filed with the County Clerk of Shawnee County, Kansas, signed by the owners of one hundred percent (100%) of the front feet of the lots fronting on: (1) SW 55th Street from the westerly line of Lot 18, Block Band esat approximately 655 linear feet; (2) SW Maupin Lane from its intersection with SW 55th Strret and south approximately 470 linear feet to the south line of Lot 11, Block; ,f~and (3) SW Cedar Court from its intersection with SW Maupin Lane and westerly approximately 325 feet to the east line of Lot 22, Block E, with all of said lots being located outside the incorporated limits of any city and platted in Timber Ridge Subdivision, Shll.wnee County, Kan!!as, which petition requested the creation of a street benefit district and the construction of an improvement generally consisting of the excavation and construction of street improverne:tlts (the "Street Improvements"), at an estimated cost of $552,600 (the "Improvement Costs"); and

Whereas, the Board of County Comttlissioners (the ''Board") of Shawnee County, Kansas, (the "County") fmds and determines that the petition is sufficient under the Act and that the creation of the benefit district and the construction of the Street Improvements therein is necessary and in the best interest of the p4blic safety, health and welfare and is deemed advisable; and

Whereas, no bonds are oUtstanding and none have been issued by the County to pay the Improvement Costs.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF SHAWNEE COUNTY,KA,NSASAS FOLLOWS:

Section 1. . The Board hereby creates the Timber Ridge Subdivision, Shawnee County, Kansas Street Bend::itOj.strict Phas~IV and further determines that:

A. The Street Improvements generally consisting of 29' back-to-hack curb and gutter with eight inch asphaltic concrete street over a designed base, including drainage and all other things necessary and incidental thereto, shall be constructed.

B. The estimated Improvement Cost is $552,600.

C. The improvement district shall consist of the following described property (the "Timber Ridge Subdivision, Shawnee County, Kansas Street Benefit District Phase IV'') all of which shall be assessed all of the Improvement Costs: Lots 10 through 18, inclusive, Block 'B'; Lots 1 through 4, inclusive, Lots 6 thro4gh 11, inclusive, and Lots 18 through 26, inclusive, Block 'E'; all in Timber Ridge Subdivision, Shawnee County, Kansas.

D. The total assessment costs for the Street Improvements, including the administrative fee for services authorized by County Home Rule Resolution No. 98-9, shall be levied on the property in the Timber Ridge Subdivision, Shawnee County, Kansas Street Benefit District Phase IV. The method of assessment for the total Improvement Costs shall be determined by dividing the total Improvement Costs as is ascertained upon completion of the Street Improvements' construction and installation, equally, on a per lot basis.

E. The apportionment of the Improvement Costs shall be 100% to Timber Ridge Subdivision, Shawnee County, Kansas Street Benefit District Phase IV and 0% to the County.

Section 2. The Street Improvements are hereby authorized and ordered to made in accordance with the findings of the Board as is set forth in Section 1 of this Resolution, and the County is authorized to issue its general obligation bonds ot it temporaty notes in an amount not to exceed the estimated costs stated herein to finance the Improvement Costs. This Resolution shall, for the purposes of U.S Treasury Regulation §1.150-2, constitute a dec1aration of official intent of the County to reimburse expenditures for the Improvement Costs.

Section 3. The engineering firm of Bardett & West, shall be empleye,~ as. engineers for the construction and installation of the Street. Improvements on such terms and COflditlons which are mutually acceptable to said engineering firm and the Board.

Section 4. This Resolution shall be',. published one time in the official County newspaper, and the County Qerk is authorized and directed to mail a copy of this Resolution, buy certified mail, postage prepaid, to the owners of the property liable for taxation of the Improvement Costs authorized herein, and if the owners of more than one-half of the property liable for the taxation of the Improvement Costs do not, within, 20 days of the date of publication of this Resolution, file with the County Clerk their protest against the construction and installation of the Street Improvements and the assessment of the Improvement Costs against the lots in the Timber Ridge Subdivision, Shawnee County, Kansas Street Benefit District Phase IV, the Board shall have the power and authority to cause the construction .and installation of the Street Improvements and the assessment of the Improvement Costs as set forth in Section 1 above.

Section 5. This Resolution shall be filed with the Office of the Register of Deeds of Shawnee County, Kansas and published once in the official County newspaper and following such publication this Resolution shall be effective.

PASSED and approved by the Board of Commissioners of Shawnee County, Kansas, this 12th day of June 2017.

REST OF PAGE INTENTIONALLY LEFT BLANK

2

ATIEST:

Cynthia A. Beck, County Clerk

(SEAL)

3

SHAWNEE COUNTY, KANSAS

Robert E. Archer, Chairman

Kevin J. Cook, Vice Chairman

Michele A.l3uhler, Commissioner

Shawnee 1 ~ounty '-' ~ , f; P.arKs+ ~ recreation June 5, 2017

TO:

FROM:

RE:

Board of Commissioners

Shawnee County ~

John E. Knight, D · e o Parks + Recreation

Topeka Community Cycle Project Recreation Division- Centers and Programs

c,

Purpose: Board of Commissioners consideration and execution ofthe Topeka Community Cycle Project (TCCP) agreement to provide bicycle education programming and cycle repair services at the Oakland Community Center for an annual fee of $2,500. TCCP will work closely with the Recreation Division on details of youth/adult programming and shall manage all aspects of the facility rental with respect to their purpose. Parks + Recreation shall assist through in-kind service, facility utilities and publicity materials.

Justification: Topeka Community Cycle Project is a non-profit service partner that supports Shawnee County Parks + Recreation by providing programming in areas of need. The goal is to promote bicycle safety and programming as we continue to not only grow but maintain the trail system throughout Shawnee County. This type of cooperative programming is an aspect of becoming accredited with the Commission for Accreditation of Parks and Recreation Agencies (CAPRA) which the department is striving to meet the standards to obtain such status by the fall of2018.

JEK/blt SH Attachments

parks.snco.us

• 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-2600

SHAWNEE COUNTY CONTRACT NO. C- .J.rl..-2017

TOPEKA COMMUNITY CYCLE PROJECT LEASE AND PROGRAM AGREEMENT

TffiS AGREEMENT~ is made and entered into this __ day of -----....J 2017, between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE,

KANSAS hereinafter referred to as the "County"~ and TOPEKA COMMUNITY CYCLE PROJECT, a

501(c)(3) organization, hereinafter refen·ed to as "Organization'\ together known as the Parties.

WHEREAS, the County and Organization desire to provide for management of the

Topeka Community Cycle Project in the Oakland Community Center (multi-purpose room west,

commons area and restrooms ), hereinafter refen·ed to as the "Premises" for the use and benefit of

the general public; and

WHEREAS, Shawnee County Parks + Recreation hereinafter referred to as the

"Department" shall be the department responsible for carrying out the responsibilities of the

County; and

WHEREAS, the County is satisfied that provision of additional programming and

services at the Premises is in the County's best interest;

NOW THEREFORE, in consideration of the mutual covenants and agreements as

hereinafter set forth, the County agrees to allow Organization to provide cycle education

programming and cycle repair services hereinafter to be mentioned upon a portion of the real

property described in Attachment A, attached hereto and incorporated herein by this reference

and located at the Premises.

1. LOCATION. The County does hereby assign to the Organization the use of the

Premises which is located on the prope1ty as described in Attachment A.

2. USE OF PREMISES. Organization shall use, occupy and maintain the Premises

in a business like, careful, clean and non-hazardous manner for the sole purpose

of cycle education programming and cycle repair services in strict accordance

with all terms and provisions set forth. Written approval by the County shall be

required for other proposed use in conjunction with or in addition to those

specified above.

Organization shall conduct cycle education programming and duties associated

with such agreement and the County grants access to the location only during

park hours.

3. PERSONAL PROPERTY: Organization shall have access and use of accessible

personal property owned by the County that may be currently located on the

Premises. Organization agrees to exercise general supervision and t'esponsibility

for the proper use and care of such County-owned property. Organization shall be

allowed to acquire and utilize its own personal property as necessary for the

proper discharge of its duties herein. All personal property on the Premises being

utilized by the Organization under this Agreement, regardless of ownership, shall

be the responsibility of the Organization. The County shall not be liable for any

damage, either to person or property, sustained by the Organization or other

persons due to the Premises or any part appurtenance thereof, or the machinery or

appliances used in connection therewith, becoming out of repair or in defective

condition; or arising from the bursting or leaking of water, gas, sewer, or steam

pipes; or from any acts of negligence ofthe Organization, its employees or agents,

other users of the Premises or any other person; or any accident or mishap

including fire, theft, pilferage, or vandalism, in or about said premises.

Organization agrees to provide the County with inventories of the County's and

Organization's equipment, and personal property on hand or ordered within thirty

(30) days of execution and termination of this Agreement. During the term of this

Agreement, Organization shall list changes to inventory as part of the Monthly

Repmts. Upon completion/termination of this agreement, all items shall be

accounted for and retmned to the County. During the course of this agreement

any damage to personal equipment shall be reported to the County.

4. TERM. This agreement shall be effective upon execution of this Agreement and

shall expire on March 31, 2019, unless sooner terminated as provided herein.

2

5. RENEWAL. The parties may mutually agree to renew this Agreement for one (1)

additional three (3) year term upon conditions mutually agreed upon in writing at

that time.

6. PAYMENT. The Organization agrees to pay the Department Two Thousand Five

Hundred Dollars and No/100 ($2,500.00) per year for the term of this Agreement.

Said payment breakdown shall be due as quarterly payments of Six Hundred

Twenty Five Dollars and No/100 ($625.00) paid at the address listed under

Paragraph 23 by the 151h day of June, October, January, April.

7. RECORDS AND DOCUMENTS. With respect to all matters covered by this

Agreement, Organization's records and documents shall be subject at all times to

review by the County.

Bi-Annual Reports: Organization agrees to submit quarterly reports to the County,

listing and identifying all sources of receipts at the Premises and showing all

revenues, expenditures, participants, attendance, volunteer hours, programming

details and special events including all necessary documentation as a result of said

operations. Such reports shall be in a form approved by the County and received

with payment quarterly.

Kansas Open Records Act: Pursuant to the Kansas Open Records Act,

information or documents received :fi:om Organization may be open to public

inspection and copying. The County has a legal obligation to disclose such

information unless a particular record is made confidential by law. Organization

may label specific parts of an individual document as a "trade secret, or

"confidential", provided that Organization thereby agrees to indemnify and

defend the County for honodng such a designation. The failure to so label any

document that is released by the County shall constitute a complete waiver of any

and all claims for damages caused by any release of the records.

8. OPERATIONS AND MAINTENANCE.

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A. ORGANIZATION RESPONSIBILITIES:

i. Organization agrees to provide cycle education programming and

cycle repair services.

ii. The Organization shall have staff or volunteers at the Premises a

minimum of five (5) hours per week (excluding holidays) during

center hours.

iii. Organization shall offer cycle education programming once per

month between April and September. Twelve (12) special events

per year.

iv. Organization agrees to maintain the Premises to the Parks +

Recreation maintenance standards listed in the Master Plan.

v. Organization's employees shall conduct themselves in a

professional manner, dress appropriately and wear identification

when working at the Premises.

vi. Marketing and advertising of the programming and rented

Premises. All such marketing and advertisements must be

approved by the County in advance.

1. Organizer shall provide all media campaigns,

announcements and signage.

2. Organizer shall identify Shawnee County Parks +

Recreation and utilize the Department name and logo

without alteration in all media advertising and

marketing.

3. Any use of the logo must follow Department

guidelines by maintaining colors and minimum sizes.

4

The logo may be secured by contacting the

Communications and Public Information Supervisor.

4. Provide Department staff access to photograph for

promotional purposes and monitor activities associated

with the Premises.

vii. Agrees to not use or occupy the Premises in any manner deemed

hazardous or for any unlawful purpose. Organizer and Vendors

shall comply with all Federal and State of Kansas laws and

regulations, Shawnee County resolutions and any applicable

Department standards, policies or facility guidelines. Organizer

shall provide an Emergency Action Plan (EAP) should such need

arise due to weather, safety, or any other matter deemed necessary

and pertinent to the Premises.

viii. Provide volunteers for operations including but not limited to

programming, cycle repair services, enforcing standards and

safety. Organizer agrees to cooperate by following the

Department's Volunteer Policy abiding by the standards set forth

for volunteer accountability and recording of such details.

ix. Maintenance: The Organization will maintain the Premises in a

clean and sanitary condition at all times and shall perf01m regular

cleaning and maintenance of the Premises including: hard smface

areas, litter control, floors swept, cleaned and mopped daily,

spills/soiling addressed immediately, windows are to be cleaned

inside once monthly, dusting/dust removal to be accomplished

daily on equipment and wall hangings. Remove debris, trip hazards

and glass immediately upon discovery. Remove sand, dirt, and

organic debris ft·om hard surfaces daily.

B. COUNTY RESPONSIBILITIES:

5

1. Provide monthly utilities (water, gas, electricity, security

monitoring) and refuse service at the Premises. The County shall

empty the trash dumpster on a regular schedule.

2. County shall provide security clearance for access of the Premises.

3. The County shall perform the following maintenance to the

Premises on a year-round basis: road and parking lot repair, snow

removal, weed control, grass cutting, painting and repairing all

structures, keeping all floors, windows, doors in good repair, and

any other reasonable items that County deems necessary to

maintain the overall quality of the Premises in keeping with the

su1Tounding parklands.

4. Provide secondary marketing promoting cycle programming and

services at the Premises through the use of the County's on site

marquee one week monthly and on indoor community board.

9. LICENSES AND PERMITS. All necessary licenses and pennits to operate must

be obtained from the appropriate offices before operation may begin. All licenses

are subject to Code of Enforcement for safety, health and fire inspections.

10. ALTERATIONS AND IMPROVEMENTS. Organization may not make

alterations or improvements to the assigned Premises without written consent of

the County. Such written consent will not be unreasonably withheld or delayed.

The facility shall be returned to original condition and remain County property

after the end of the agreement, subject to the tenns of the paragraph(s) following:

A. County assumes no liability for the acts by the Organizer

perfonned during the term of this Agreement.

B. The parties acknowledge and agree in writing upon what assets and

property placed or located on the Premises shall be removed. All personal

property brought onto or placed by the Organizer or volunteers shall be at their

own risk and the County will not be liable for damages, theft, or by any other

acts.

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11. INSPECTION OF PREMISES. Organization shall allow the County at any and

all reasonable times to inspect Premises.

12. INDEMNIFICATION. Organization hereby expressly agrees to indemnify, save

and hold harmless, and defend the County against all fines, claims, damages,

losses, judgments, and expenses arising out of, ot· from, any omission or activity

of such person, organization, its representatives, or employees.

13. NON-DISCRIMINATION. Organizer agrees to not unlawfully discriminate

against any person because of race, religion, creed, color, age, sex, disability,

national origin, or ancestry in the admission or access to, or treatment in, any

programs, activities, or events.

14. INSURANCE.

a. GENERAL LIABILITY INSURANCE. Organization agrees, at its

expense, to procure and maintain comprehensive general liability

insurance with a responsible company or companies authorized to do

business in tpe State of Kansas, in amounts not less than One Million and

No/100 Dollars ($1,000,000.00) for any one person injured and property

damage limits of One Hundred Thousand Dollars and No/100 Dollars

($100,000.00). Said insurance shall protect the County and the

Organization against all claims, damages, costs, m: expenses on account of

injury to any person or persons, or to any property belonging to any person

or persons by reason of casualty, accident, or other happening on or about

the Premises. Certified copies of said policies, naming the County as an

additional insured and providing for thirty (30) days notice to the County

before material alteration or cancellation, shall be delivered to the County

prior to the beginning date of the term of this Agreement and by January

15th of each successive year of this Agreement.

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b. WORKERS' COMPENSATION INSURANCE. Organization agrees to

provide Workers' Compensation Insurance and to hold and save the

County harmless from any and all claims, settlements, judgments (to

include reasonable investigative fees, attorney's fees, suit and court costs),

and personal injury and/or death benefits to his agent, servants, and

employees pursuant to the Kansas Workers' Compensation Act. Certified

copies of said policies, naming the County as an additional insured and

providing for thirty (30) days notice to the County before material

alteration or cancellation, shall be delivered to the County prior to the

beginning date ofthe term ofthis Agreement and by January 151h of each

successive year of this Agreement.

15. ASSIGNMENT AND SUBLETTING. No other assignment or subletting shall

be permitted.

16. LAWS AND REGULATIONS: Organization is aware of and agrees that it will

use the assigned premises so as to conform with deeded environmental and usage

controls and not violate any laws, regulations and /or requirements of the United

States of America and/or State of Kansas and/or any ordinance, rule or regulation

of the County now or hereafter made, relating to the use of the premises.

17. SIGNAGE. Organization shall place no sign or advertisement upon any location

of the property unless prior written approval has been granted by the Department.

18. SURRENDER; WASTE. Organization agrees that upon expiration of this

Agreement or earlier termination thereof, it shall surrender the assigned premises

to the County in as good or better condition as they were in at the time of

execution of this document, ordinary wear excepted.

In the event of termination or expiration of this Agreement, all signage,

advertisements, equipment, inventory, or other personal property of Organization

8

must be removed by Organization at its sole expense within thirty (30) days,

unless purchased from Organization by the County pursuant to the terms of this

Agreement. Organization further agrees that it shall permit no waste nor suffer

the same to be committed, nor injure nor misuse the assigned premises.

· 19. LIENS. Organization shall keep the assigned pt·emises free from any and all liens

arising out of any work performed, materials fumished, or obligations incurred by

Organization dUiing the term of this Agreement or any extension or renewal

thereof.

20. WAIVER. Failure of either party to complain of any act or omission on the part

of the other patty, no matter how long the same may continue, shall not be

deemed to be a waiver by said party of any of said party's rights hereunder. No

waiver by either party at any time, expressed or implied, of any breach of any

provision of this Agreement shall be deemed a waiver of breach of any other

provision of this Agreement or a consent to any subsequent breach of the same or

any other provision. If any action by either party shall require the consent and

approval of the other party, the other party's consent to or approval of such action

on any one occasion shall not be deemed to be a consent to or approval of said

action on any subsequent occasion. Any and all rights and remedies which either

party may have under this Agreement, upon any breach, shall be distinct, separate

and cumulative and shall not be deemed inconsistent with each other; and no one

of them, whether exercised by said patty or not, shall ·be deemed to be an

exclusion of any other.

21. TERMINATION. This Concession Agreement shall terminate automatically

upon the occurrence of any of the following events:

a. Either party unilaterally terminates the Agreement upon 30 days written

notice for any cause whatsoever and specifying the date of termination.

9

b. Organization materially violates any provision of the Agreement.

c. · The expiration of the term of this Agreement or any renewal thereof.

fu the event that this Agreement is terminated, the County may pay to the

Organization a sum agreed to by the parties to this Agreement for some or all of

the Organization's actual costs for Organization's equipment, inventory, and

personal propel1y, which must be documented by invoice and/or delivery slips.

The pal1ies agree to negotiate the value of equipment, inventory, and personal

propel1y older than one (1) year. After receipt of notice that this Agreement will

be te1minated or allowed to expire without renewal, Organization shall not order

additional equipment, inventory, or personal property without the written

approval ofthe County.

22. ACKNOWLEDGEMENT. It shall be expressly understood and agreed that this

Agreement is not a conveyance of realty, but merely an Agreement granting

Organization the right to conduct cel1ain activities and provide cel1ain services for

the benefit of the public on the premises.

23. NOTICE. Any notice by either pal1y to the other shall be in writing and shall be

deemed to be given only if delivered personally or mailed by registered or

certified mail as follows:

County: John Knight, Director Shawnee County Parks + Recreation 3137 SE 29th Street Topeka, KS 66605

Organization: Benjamen Alford, President Topeka Community Cycle Project

P.O. Box504 Topeka, KS 66601

Other addresses may be established as the parties hereto may designate by written

notice to the other party and delivered in accordance with the provisions of this

paragraph.

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24. INDEPENDENT ORGANIZATION. It is mutually understood and agreed that

Organization is associated with the County only for the purposes and to the extent

specified in this Agreement, and in respect to perfmmance of the contracted

services pursuant to this Agreement, Organization is and shall be an independent

Organization and, subject only to the terms of this Agreement, shall have the sole

right to supervise, manage, operate, control, and direct performance of the details

incident to its duties under this Agreement. Nothing contained in this Agreement

shall be deemed or construed to create a partnership or joint venture, to create

relationships of an employer-employee or principal-agent, or to otherwise create

any liability for the County whatsoever with respect to the indebtedness,

liabilities, and obligations of Organization or any other party. Organization shall

be solely responsible for, and the County shall have no obligation with respect to:

(1) withholding of income taxes, FICA, or any other taxes or fees, including sales

taxes; (2) insurance coverage; Neither Organization nor its employees, agents, or

representatives shall be considered employees, agents, or representatives of the

County. The parties shall continually evaluate the nature of services and the term

of the Agreement negotiated in order to dete1mine "independent Organization"

status, and shall monitor the work relationship throughout the term of the

Agreement to ensure that the independent Organization relationship remains as

such.

25. SEVERABILITY. The provisions of this Agreement are severable. In the event

any paragraph or portion of the Agreement is declared illegal or unenforceable,

the remainder of the Agreement shall remain in effect and binding upon the

parties.

26. ENTIRE AGREEMENT. This Agreement, Attachment A and CPA hereto

represent the entire agreement and understanding between the Organization and

the County. No terms, conditions, course of performance, usage of trade,

understandings, or agreements purporting to modify, supplement, Ol' explain any

11

provision of this Agreement shall be effective unless in writing, signed by

representatives of both parties authorized to amend the Agreement.

IN WITNESS WHEREOF, the County has authorized the Chair ofthe Board of County

Commissioners representing the County to sign this Agreement and Organization has approved

the Agreement and signed as of the date first noted above.

ATTEST:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Robert E. Archer, Chair

Cynthia A. Beck, Shawnee County Clerk

TOPEKA COMMUNITY CYCLE PROJECT

12

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Rev. 0912013 A1TAClll\IENTTO

SIIAWNEE COUNTV CONTRACT C. ___ _

CONTRACTUAL PROVISIONS A TT ACHMENJ The undersigned pllrties agree that the following provisions nrc hereby incorporated into the contract to which it is attached and ptade a port thereof. said contract being dated the _::l:... day or -~v.:: ·-~c..-:::_ __ _, 20...£.:7

I. TER.\IS HEREIN CONTROLLING PROYL510NS. It is expressly agreed that the tcnns of ~ach and every provision in this attachment shall prevail and control over the terms or any other conflicting provision in any other document relating to and a port of the contract in whic;h this nttachment is incorporoted.

2. ACBt:Eli!ENI WmJ KANSAS LAW. It is agreed by and between the undersigned that oil disputes and mailers whatsoever nrising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State or Kansas. U.S.A., to the exclusion or 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 St11te ofKnnsas.

3. TER~IINATION DUE TO LACK OF FliNDING 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 tcnninate 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 ycnr. 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 or 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. DtscurliiER OF LrABtLITV. Neither the County of Shawnee nor any dep11rtment thereof shall hold harmless or indemnitY any contractor for any linbility whatsoever.

S. ANII·DISCRJ!\!INATION Cu!lsE. The contractor agrees: (n) to comply with the Kansas Act Against Discrimination (K.S.A. 44·1001 et.seq.) and tha Kansas Age Discrimination in Employment Act, (K.S.A 44· III I el seq.) and the applicable provisions of the Americans With Disnbilities 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; (h) to include in all solicitations or l!dvertisements for employees, the phrase "equal opportunity employerp; (c) to comply with the reporting requirements set out in K.S.A. 44-to:u nnd K.S.A. 44-1116; (d) to include those provisions in every subcontract or pun:hase order so that they ore binding upon such subcontractor or vendor; (c) 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; (0 if the contracting agency detcnnines that the contractor hilS violated applicable provisions of ADA, that violation shall constitute a brcach of contract; (g) if (e) or (I) occurs, the contract may be cnncell~d.

tenninoted or suspended in whole or in part by the County. Porties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to 11 contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal yenr.

6. ACCEPTANCE OF CONIRA£r. This contract shall not be considered 11ccepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Boatd of County Commissioners of the County ofShll\vnce, Kansas.

7. ARBITRATION, DAI\IAGES. WARRANTIES. Notwithstanding any language to the contrary, no interprc:tation shall be allowed to find the County has agreed to binding nrbitration, 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, modi!)', disclaim or otherwise attempt to limit implied wnrrnnties of merchantability and fitness for a pnrticular purpose.

8. REPREliENTATIYE'S AtmiO!UTV To CONJRACT. By signing this document, the representative or the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contractor nnd thnt the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY FOB TAXES. The County shall not be responsible for, nor indemnitY a contractor for, any federal, state or local ta.<ces which may be imposed or levied upon the subject matter of this contract.

I 0. INStJBANCt:. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relotcs, nor shall this contl'liCt require the County to establish a "self-insurance" fund to protect against nny such loss or damage Subject to the provisions of the Kansas Tort Claims Act (K S.A. 15· 6101 et seq.), the vendor or lessor shall benr the risk of any loss or damage to nny personal property to which vendor or lessor holds title.

VENDOR/CONTRACTOR:

&:::':.-r c c.. p Title;

(9/ 2 I 2.0{) Date: T ' BOARD OF COUNTY COMMISSIONERS

SII,\WNEE COUNTY, KANSAS

Robert E. Archer, Chair

Date:

ATTEST:

Cynthia A. Beck. Shawnee County Clerk

Shawnee 1 ~ounty "-. '\, , t; P.arKs+ -! recreation May 31,2017

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Director\ Parks + Recreation _}

Big Boyz - ICAS Outdoor Adventure -Amenities

Purpose: Board of Commissioners authorization and execution of the attached Independent Contractor Agreement for Services with Big Boyz for a 2017 Mobile Food Permit. The permit will allow vending of products in accordance with the Mobile Food Vendor Policy adopted in April2016.

Justification: The opportunity for vendors in certain parks will enhance the visitor experience. There is no additional cost for such service and addresses the need for food or drink options not readily available at the concession stand.

JEK!blt so Attachments

parks.snco.us

• 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-2600

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I SHAWNEE COUNTY CONTRACT NO. C \,<\(\ -2017 •

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS and Big Boyz.

1. SERVICES TO BE PERFORMED

Contractor agrees to perform the following services for County:

To provide food and/or beverages to the citizens of Shawnee County in parks in accordance with the Food Truck Permit regulations.

This Agreement shall commence on 2017 and shall end on December 31,2017, 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

To provide food and/or beverage to the No citizens of Shawnee County in parks in compensation accordance with Food Truck Permit from County regulations.

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.

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b. Contractor has the sole right to control and direct .the means, manner and method by which the services t•equired by this Agreement will be performed.

c. Contt·actor 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 contt·act personnel shall petform the services required by this Agreement and Contractor agt·ees to the faithful performance and delivery of described services in accordance with the time frames contained herein; County shall not hire, supervise ot· pay any assistants to help Contractor.

g. Neither Contractor nor Contractor's employees or contt·act personnel shall receive any tt·aining 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 petfot·ming the services required by this Agreement.

Further, Contractor hereby certifies:

i. That Contractor is not an employee of County and thereby Contl'actor waives any and all claims to benefits othetwise provided to employees of the County, including, but not limited to: medical, dental, or other personal insurance, retirement benefits, unemployment benefits, and liability or worker's compensation insuranc~.

j. Contl'actor 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 fot· all payments received.

4. INDEMNIFICATION AND HOLD HARMLESS

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

5. INSURANCE

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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 ofthe Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the Contractor shall bear the risk of any loss or damage to any personal prope1ty to which Contractor holds title.

6. OWNERSHIP OF PRODUCTS/DOCUMENTS

Contractor hereby assigns to County all rights to all products, repmts, documents, photographs, videos, data, and drawings produced by Contractor as a result of its services to County dul'ing 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 thitty (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 reve1t 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 AgainstDiscrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because ofrace, religion, color, sex, disability, national origin oL· 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 oppmtunity employer"; (c) to comply with the rep01ting 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 m· vendor; (e) that a failure to comply with the rep01ting 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 contt·act may be cancelled, terminated or suspended in whole or in part by the County. Parties to this

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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 Jess during this fiscal year.

9. ACCEPTANCE OF CONTRACT.

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

10. ARBITRATION, DAMAGES, WARRANTIES.

Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. FU1ther, 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 patticular 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 pt·ovisions 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 othet· communications in connection with this Agreement shall be in writing and shall be considered given 3 days after mailing in the United States mail, using first class mail, postage prepaid, to the recipient's address as stated in this Agreement.

c. Contractor shall comply with all federal, state and local laws requiring business permits, certificates and licenses required to carry out the services to be performed under this Agreement.

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d. Contractor may not assign any rights ·or obligations under this Agreement without County's pl'ior 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 patties hereto.

f. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any pottion 01' provision of this Agreement void shall in no way affect the validity or enforceability of any other p01tion 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 pmtion 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.

ATTEST:

COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

_________ ,,Chair

Cynthia A. Beck, Shawnee County Clerk

PrintNarn~~ Address~~ Date: y 2).1-I'?

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0 Public Health Prevent. Promote. Protect.

Shawnee County Health Department

June 6, 2017

TO:

FROM:

Board of County Commissioners of the County of Shawnee, Kansas

Linda K. Ochs, Interim Director (;fro

-:fl; Shawnee County Health Department

Linda K. Ochs, Interim Director 2600 SW East Circle Dr., Topeka, KS 66606

Ph. 785.251.5600 I Fax 785.251.5696 www.shawneehealth.org

RE: Amendment Four to Agreement with Kansas Department of Health and Environment for Outreach, Prevention, and Early Intervention Services

Action Requested: Approval of Amendment Four to the Agreement with Kansas Department of Health and Environment, Division of Health Care Finance (KDHE/DHCF), to provide outreach, prevention, and early intervention services through the Shawnee County Health Department (SCHD).

On August 1, 2013, SCHD entered into an original contract with KDHE/DHCF to provide outreach, prevention, and early intervention services (Shawnee County Contract No. C324-2013, KDHE Contract No. 2014-008). This contract provided for three, optional one-year renewals.

The contractor wishes to exercise a special, one-year renewal for a fourth year renewal option. Amendment Four to the Agreement provides for the continued funding of the SCHD Nurse Family Partnership Program (NFP) and the Kansas Children's Service League (KCSL) Healthy Families Topeka Program. These intensive, evidence-based home visitation programs provided by SCHD and KCSL are available to at-risk, first time pregnant or parenting families. All services to families are voluntary and are focused on helping at-risk families be successful.

Together, private funds of $430,000 and federal funds of $430,000 will result in a total of $860,000 during SFY20 18 for the Shawnee County Community - $500,000 going to SCHD and $360,000 going to KCSL. As stated in the original KDHE/DHCF contract, receipt of these funds requires a dollar for dollar match which will be provided by Early Childhood Block Grant funding.

As part of the contractual requirements, the authorized elected official must sign a letter indicating understanding of the requirement for matching funds and stating from where those funds will come. That letter of intent was signed by the commission on February 15,2017. The letter is included in this packet. As stated above, the matching funds will come from the Early Childhood Block Grant.

Leading the Way to a Healthier Shawnee County

Board of County Commissioners Shawnee County, Kansas June 6, 2017 Page2

A separate contract with KCSL outlining their responsibilities with regards to the use of KDHE/DHCF funding and required match will be presented to the Board of County Commissioners for consideration after this contract is approved.

With this funding the NFP will work with at-risk, first time pregnant or parenting families in their homes. Services are provided during pregnancy and the first two years of the child's life. The program is designed to help women improve their prenatal health and the outcomes of pregnancy; improve the care provided to infants and toddlers in an effort to improve the children's health and development; and improve women's personal development, giving particular attention to the planning of future pregnancies, women's educational achievement, and parents' participation in the workforce.

In SFY2016 NFP served 75 women and 63 children by providing 895 intensive home visits by three RN's. Of those families served, 13 were pregnant teens and 19 were postpartum teens.

Select outcomes for NFP in 2016 include: 98% of served children had an identified medical home 99% of children were up to date with their Kan Be Healthy or routine well child check up 98% of served children were up to date with their immunizations 100% of children were enrolled in a health insurance program 1 00% of children served received a developmental screening

LKO/klw Attachments C: Betty Greiner, Director of Administrative Services

Edith Matthews, SCHD Finance Officer Teresa Fisher, SCHD Family Health Division Manager

Leading the Way to a Healthier Shawnee County

KDHE2014-008

AMENDMENT FOUR to the

AGREEMENT between the

SHAWNEE COUNT'r CONTRACT #ic;.~oo-~\ -=1-

KANSAS DEPARTMENT OF HEALTH AND ENVIRONJMENT DIVISION OF HEALTH CARE FINANCE

and the SHAWNEE COUNTY BOARD OF COUNTY COMMISSIONERS

and the SHAWNEE COUNTY HEALTH DEPARTMENT

for Outreach, Prevention and Early Intervention Services

The above parties entered into an original contract in August, 2013 to develop, implement, and maintain a voluntary program that provides outreach, prevention and early intervention services to new, low-income parents and children with emphasis on adolescent and pregnant teen parents of at-risk infants in Shawnee County, Kansas.

The parties hereto agree to renew the original contract referenced above as follows:

1. The contractor wishes to exercise a special, one-year renewal, with a term of July 1, 2017 through June 30, 2018.

2. During the renewal term outlined above, the contractor will obtain accreditation with its choice of evidence-based home visitor programs that target low-income families with pregnant women and children from birth to age 3 (or age 5) and provide evidence of accreditation to KDHE. If the contractor is already accreditated with an evidence-based home visitor program, the contractor shall provide proof of that accreditation and subsequent renewals of the accreditation.

3. The contractor agrees to provide KDHE/DHCF a one-time budgetary breakdown of costs, indicating how the funding allocated through this contract Is used separately from the funding allocated through the KDHE Bureau of Family Health.

4. Total funding for the period referenced above shall not exceed $860,000.00; said amount comprising the County's certified matching funds of $430,000.00 and the federal financial participation amount of $430,000.00.

5. All remaining terms and conditions of the original agreement and subsequent addenda shall remain the same.

IN WITNESS HEREOF, the parties hereto affix their signatures to this Fourth Amendment.

SHAWNEE COUNTY

Bob Archer, Chair Date Shawnee County Board of Commissioners

SHAWNEE COUNTY HEALTH DEPARTMENT

~fa ;.C Oc:Lc, Interim Director

KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT

Susan Mosier, MD, MBA, FACS Secretary and State Health Officer

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KDHE2014-008

~/s/7 Date

Date

PubHcHealth Prevent. Promote. Protect.

Shawnee Couaty Health Departmeat

February 15, 2017

Kansas Department of Health and Environment Division of Health Care Finance Attn: Contracts Unit/Julie Figgs 900 SW Jackson St., Room 900-North Topeka, Kansas 66612

Attn: Julie Figgs Contract Manager

Dear Ms. Figgs,

Shawnee County Health Department Allison Alejos, Director

2600 SW East Circle Dr., Topeka, KS 66606 Ph. 785.251.5600 I Fax 785.251.5696

www .shawneehealth.org

The Shawnee County Commission wishes to participate in the Outreach, Prevention and Early Intervention Services program funding through Kansas Department of Health and Environment. The programs that are operating under the Outreach, Prevention and Early Intervention Services program funding are Shawnee County Health Department's Nurse Family Partnership program and Kansas Children's Service League's Healthy Families program. The Shawnee County Commission understands that a match is required. The source for matching dollars will be from the Early Childhood Block Grant. The Early Childhood Block Grant is funded by the Children's Initiative Fund with State tobacco dollars. The Early Childhood Block Grant has adequate funds to provide the $250,000 match for the Shawnee County Nurse Family Partnership program.

Sincerely,

------------·-··-----Leading the Way to a Healthier Shawnee County

May 31,2017

SHAWNEE COUNTY Department of

Emergency Management 200 SE ih Street

Emergency Operations Center Topeka, KS 66603 (785) 251-4150

Dusty Nichols, Director

MEMO: Homeland Security Grant Equipment Acceptance

TO:

FROM:

Board of County Commissioners Shawnee County Kansas

Dusty Nichols - Director~ Shawnee County Emergency Management

£ I

The attached agreement 15~NEK170428.001 is for the transfer of grant funded equipment to Shawnee County Emergency Management from the Northeast Kansas Homeland Security Council. The equipment is Cone Adapter for Power Flares for use by Emergency Management and our partners. Details are provided on the following pages.

Shawnee County would become both the owner and caretaker of the equipment. The equipment can be utilized for emergency management duties in Shawnee County as well as during deployments by IMT Members from Shawnee County Emergency Management.

These power flare cone adapters are very valuable pieces of equipment, which Shawnee County Emergency Management will use in order to continue the fulfillment of our mission essential functions. There is no direct cost to Shawnee County to accept the equipment.

In accordance with past practices and requirements of the Homeland Security Council, should the equipment be needed in an emergency, incident and/or for an event, Shawnee County Emergency Management would be responsible for delivering the equipment sp that other entities in our region can utilize it.

Please sign where indicated and return to this office so that documents can be disseminated to the proper persons on the regional level.

Thank you in advance for your consideration. Should you have any questions please feel free to contact: Director Dusty Nichols at dustin.nichols@snco.us or 785-251-4152

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TRANSFER OF PROPERTY AGREEMENT: Acceptance of Homeland Security Grant Equipment

Grant: FY 15 Fiscal Agent: North Central Regional Planning Commission Regional Council (if applicable): Northeast Kansas Homeland Security Council Project: Stop Movement Eguipment Agency: Shawnee County EM Description of Equipment: 1. (45) Cone Adapters for Power Flares Vendor: 1. SC Supply Company, LLC Cost: 1. $12.95 each ($582.75 total) PO /Invoice 1. 15-NEK170428.001/27846 Date of A_greement: May 18, 2017

The parties of this Agreement do mutually agree as follows:

Award of Equipment: The North Central Regional Planning Commission, 109 N. Mill Street, Beloit, KS 67420, hereafter referred to as the "Fiscal Agent" and authorized to act on behalf of the Northeast Homeland Security Region, hereafter known as the "Regional Council" or "Region", agrees to transfer ownership of the equipment, hereafter described as "Equipment" and as described on the attached invoice and purchased under grant Catalog of Federal Domestic Assistance (CFDA) # 97.067 to Shawnee County, Kansas hereafter referred to as the "Agency", to enhance the Agency's capabilities to deter and/or respond to acts of terrorism and other disasters affecting the Agency's community and the homeland security region in which the Agency resides. The Agency listed above agrees to accept the specified equipment and comply with all provisions detailed in this Agreement.

Reporting and Monitoring Requirements: The Agency shall permit monitoring by the Region, the state or appropriate federal agency representatives, and comply with such reporting procedures as may be established by the state or Region. The Agency shall maintain all related records for the life of the equipment. Although information will be provided to the Region by the Agency, the Region has no obligation or right to maintain or repair the equipment or ensure that the equipment is used safely or properly.

Inventory Control: The Agency agrees to maintain inventory control on any equipment provided through this Agreement, with the exception of consumable equipment. Consumable equipment is defined as equipment that may be depleted or worn out by limited use (i.e. batteries, paper mask, filters). ·

Inventory Control applies to individual equipment items (i.e., generator) and not packages of equipment (i.e., package of six hazardous material suits).

Equipment inventories shall include the following items:

• Serial number • Cost of item • Location of equipment

• Description of item • End user (Agency) • Condition of equipment

• Vendor • Contact information for • Personnel trained on

• Date purchased End User (Agency) equipment

KHP HSO will conduct on-site monitoring specifically for equipment with a purchase price of $5.000 or more. However, the KHP HSO reserves the right to ·monitor all equipment acquired with homeland security grant funds.

'• A control system must be developed by the Agency to ensure proper maintenance and adequate safeguards to prevent loss, damage, or theft of the equipment.

Non-Supplanting Certification: The Agency affirms that the federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. The Agency may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt of federal funds.

Maintenance of Equipment and Qualified Personnel: The Agency affirms that it has access to staff and equipment to use the equipment in a timely manner once requested or deployed. The Agency affirms that it has properly trained and qualified personnel to operate and maintain equipment provided through this Agreement, and the Agency agrees to maintain training of personnel to ensure proper and safe use of the equipment. Agency agrees to assume financial responsibility for monthly or use service charges beyond the scope of this Agreement.

Title: The Agency agrees to accept title to the equipment provided under this Agreement if such title is required by state or federal regulations.

Insurance: The Agency:

Agrees to maintain property and casualty insurance on the equipment provided under this Agreement. Agency will list the Region as an additional insured and a loss payee with respect to the equipment, and provide the Region with a copy of the declarations page or other appropriate excerpt from the insurance policy confirming that the equipment is insured.

OR

Stipulates it is self-insured and will provide Fiscal Agent with a letter documenting its self-insured status.

Report of Loss or Expiration: The Agency agrees to notify the Region within ten (10) working days of the loss, damage or expiration of the equipment provided through this Agreement. The Agency understands that neither Region nor state or federal agencies are not obligated to replace items lost, damaged or expired. Agency is required to commit to sustain capabilities gained through the acceptance of the equipment covered through this Agreement.

Replacement: The Agency is responsible for replacing or repairing the property which is lost, stolen, damaged, or destroyed, at the direction of the KHP HSO.

Interest of Members of the Region and Others: No officer, member, or employee of the Region and no member of its governing body, and no other public official of the governing body of the localities in which the equipment is provided who exercises any functions or responsibilities in the review or approval of this project, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

Termination of Agreement for Cause: If through any cause, the Agency shall fail to perform in a timely and proper manner its obligations under this Agreement or if the Agency shall violate any of the covenants, agreements or stipulations of this Agreement, the Region shall thereupon have the right to terminate this Agreement by specifying the effective date thereof. The date of notice shall be at least ten (1 0) working days before the effective date of such termination. If the Region terminates this Agreement, the Region may require that the Agency return all equipment provided to the Agency under this Agreement to the Region, and that Agency transfer ownership of all equipment to the Region, and that Agency execute any documents necessary to transfer ownership to the Region or to another organization designated by the Region to receive the equipment.

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Liability: With the transfer of ownership of the equipment specified through this Agreement, the Agency shall take necessary steps to insure or protect itself, its personnel, and the equipment, and to comply with all applicable local, state and federal laws or other governmental requirements regarding ownership or use of the equipment, including, without limitation, all safety and security standards. The Region and Fiscal Agent, not being the manufacturer of the equipment, has no responsibility with respect to the equipment or any use or storage thereof, or any accidents or claims relating thereto.

The Region and Fiscal Agent makes no representations or warranties, express or implied, regarding the equipment, whether arising by operation of law or otherwise, and expressly disclaims any and all warranties of merchantability, of fitness for a particular purpose of use, of non­infringement, of title, condition, quality or workmanship, or in any other respect. In no event shall the Region be liable to the Agency for any indirect, incidental, consequential, special, and exemplary or punitive damages.

To the extent permitted by law, the Agency will defend, indemnify and reimburse the Region and Fiscal Agent against and for, and the Agency staff will use best efforts to convince the Agency's decision maker to appropriate such amounts as are reasonably necessary to defend, indemnify or reimburse the Region and Fiscal Agent against and for, any claims against the Region and Fiscal Agent that are based in whole or in part on damages or injuries allegedly caused by the equipment or any use or other aspect thereof and any costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Region and Fiscal Agent in connection with any such claims or any breach by Agency of this Agreement, when reasonably asked to do so by the Region.

Governing Law: This Agreement shall be interpreted under and governed by the laws of the State of Kansas.

Related Federal Regulations per 44 CFR, Part 13. Section 13.32: The Agency shall not use equipment to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted by federal statute. The Agency may use equipment to be replaced as a trade-in or sell the property and use proceeds to offset the cost of the replacement or similar use property, with approval from the Region and final approval from the state and federal agencies. The Agency may sell or dispose of equipment valued at under $5,000 upon approval of the KHP HSO and notification to the Region the date equipment was sold, sale price of equipment, and entity that was sold to (if selling equipment) or upon notification to Region that equipment is requested to be disposed and reasons for disposition (if disposing equipment). If equipment is sold for $5,000 or more, the federal government shall have the right to receive proceeds from the sale in excess of grant funds provided for such item; this does not apply to transferring equipment to other entities or in applying the sale proceeds towards acquiring other homeland security-related equipment that costs more than the equipment sold.

Disposition of Prooertv: The Agency may dispose of or remove from inventory any or all equipment when the useful life of the original or replacement equipment acquired under the grant award has expired or when any or all equipment is no longer needed for the original project or program. Disposition of the equipment will be made as follows:

• The Homeland Security Grant Program Equipment Disposition Form should be filled out when any equipment is sold, transferred, broken, lost, stolen, or has met its life cycle.

• Items with a fair market value of less than $5,000.00 may be retained, transferred, or otherwise disposed of and removed from inventory with KHP HSO approval.

't

.. • Items with a fair market value in excess of $5,000.00 may be retained, transferred, or

otherwise disposed of and removed from inventory with prior written KHP HSO approvaL A copy of said approval shall be provided to the Region.

Life Cycle: Life cycle may be measured by the protocols published as Circular A-76 by the White House Office of Management and Budget (OMB) and seen at:

http://www.whitehouse.gov/sites/default/files/omb/assets/agencyinformation circulars procure ment pdf/a076supp.pdf

Fair market value is defined as the amount for which equipment would sell on the open market if put up for sale. The fair market value will be determined by the KHP HSO.

Notices. All notices regarding this Agreement will be considered properly delivered if sent by U.S. postal mail, email or fax to the Fiscal Agent as follows:

For Fiscal Agent:

Name: Lisa Peters Agency: North Central Regional Planning Commission Address: 1 09 N Mill Street - PO Box 565 City/State/Zip: Beloit, KS 67 420 Fax number: (785) 738-2185 Email address: lcpeters@nckcn.com

Notification Address For Agency:

Name: Dusty Nichols ~ Agency: Address: 200 SE th Street, SB-1 0

Shawnee County EM

Topeka, KS 66603 Email address dustin.nichols@snco.us

REQUIRED Signatures:

~Pr~ilfi~il~.Jii9mJliin'a,;§'#~~;~,~,~u.ll~H=

By: Date: ________ _ Authorized Signature

By: Date: ________ _ Authorized Signature

By:

By:

By:

Date: ________ _

Authorized Signature

-------------- Date: _______ _ Attested to, County Clerk

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

SC Supply Company, LLC 1908 Portage Avenue PO Box 11531 South Bend, IN 46634-0531

Invoice DATE INVOICE#

4/28/2017 27846 Certified WBE

TIN - 20-5728720

Check out our full line of products at: www.SafetyConesUSA.com

BILL TO

North Central Regional Planning Comm P.O. Box565 Beloit, KS 67420

P.O. NO.

SHIP TO

William Schwindamann Jr. KCEM Marshall County EM Director 1201 Broadway Office B-4 Marysville, KS 66508

DUE DATE TERMS

. 5/28/2017 Net30

Fax Receipt to:

QTY ITEM DESCRIPTION PRICE AMOUNT

180 CTA-001-b CONE ADAPTER FOR POWER FLARE SC/UPS UPS GROUND KS 66508

1Z7AUE7690347049282 1Z7AUE7690347108075 Out-of-state sale, exempt from sales tax

.I

Please note invoices are subject to a 2% service charge per month on past due balances. We retain a purchase money security interest as collateral in the products supplied to you under this invoice until full payment is received.

Phone# Fax#

800-640-1843 574-234-5066

Thank you for your order!

www.scsupplyco.com

12.95 2,33l.OOT 58.14 58.14T

0.00% 0.00

Total uso $2,389.14

Balance Due $2,389.14

L

North Central Regional Planning Commission P.O. Box 565 Beloit, KS 67420 (785) 738-2218 Fax: (785) 738-2185 FIN: 48-0808208

SC Supply Company, LLC

Tax Exempt#: KSJ1XMOGJD Expiration Date: 10/01/2020

1908 Portage Ave- PO Box 11531

South Bend, IN 46634-0153

_j

r~~W.WEWQ.Jieft's.gf)BP..i!W~fifl

15-NEK170428.001

THIS NUMBER MUST APPEAR ON INVOICES, BIL. BUNDLES, CASES, PACKING LISTS, AND CORRESPONDENCE

Project: FY15 Stop Movement

DATE

7 FUNDING SOURCE

TERMS

F.O.B.

SHIP VIA

Northeast Regional Homelanc Security Council

180 Cone for Power

accepting this purchase order, vendor acknowledges payment will be made by fiscal agent ten (10) days following receipt of funds from the state. Other payment terms do not apply.

RECEIVED BY DATE

North Central

Bill Schwindamann

BY

Mc1Kif'l1nevor Authorized Signature

Sherry Angell, Fiscal Agent

738-2185

TRANSFER OF PROPERTY AGREEMENT: Acceptance of Homeland Security Grant Equipment

Grant: FY 16 Fiscal Agent: North Central Regional Planning Commission Regional Council (if applicable): Northeast Kansas Homeland Security Council Project: Accountability Equipment Agency: Shawnee County EM Description of Equipment: 1. XID 8300 Printer (Serial#: 17145900)

2. ILM-LS Lamination Unit (Serial #: 08045840) 3. Ribbon Kit 4. Retransfer Film 5. Holographic Patch Ribbon

Vendor: Multi card Cost: 1. $2718.00

2. $1772.00 3. $258.00 4. $89.00 5. $119.00

PO /Invoice 16-NEK170327.001/1200045365 Date of Agreement: May 9, 2017

The parties of this Agreement do mutually agree as follows:

Award of Equipment: The North Central Regional Planning Commission, 109 N. Mill Street, Beloit, KS 67420, hereafter referred to as the "Fiscal Agent" and authorized to act on behalf of the Northeast Homeland Security Region, hereafter known as the "Regional Council" or "Region", agrees to transfer ownership of the equipment, hereafter described as "Equipment" and as described on the attached invoice and purchased under grant Catalog of Federal Domestic Assistance (CFDA) # 97.067 to Shawnee County, Kansas hereafter referred to as the "Agency", to enhance the Agency's capabilities to deter and/or respond to acts of terrorism and other disasters affecting the Agency's community and the homeland security region in which the Agency resides. The Agency listed above agrees to accept the specified equipment and comply with all provisions detailed in this Agreement.

Reporting and Monitoring Requirements: The Agency shall permit monitoring by the Region, the state or appropriate federal agency representatives, and comply with such reporting procedures as may be established by the state or Region. The Agency shall maintain all related records for the life of the equipment. Although information will be provided to the Region by the Agency, the Region has no obligation or right to maintain or repair the equipment or ensure that the equipment is used safely or properly.

lnventorv Control: The Agency agrees to maintain inventory control on any equipment provided through this Agreement, with the exception of consumable equipment. Consumable equipment is defined as equipment that may be depleted or worn out by limited use (i.e. batteries, paper mask, filters).

Inventory Control applies to individual equipment items (i.e., generator) and not packages of equipment (i.e., package of six hazardous material suits).

Equipment inventories shall include the following items:

• Serial number • Vendor • Cost of item • Description of item • Date purchased • End user (Agency)

~-----~-~---------------------------------.

• Contact information for End User (Agency)

• Location of equipment • Condition of equipment

• Personnel trained on equipment

KHP HSO will conduct on-site monitoring specifically for equipment with a purchase price of $5,000 or more. However, the KHP HSO reserves the right to monitor all equipment acquired with homeland security grant funds.

A control system must be developed by the Agency to ensure proper maintenance and adequate safeguards to prevent loss, damage, or theft of the equipment.

Non-Supplanting Certification: The Agency affirms that the federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. The Agency may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt of federal funds.

Maintenance of Equipment and Qualified Personnel: The Agency affirms that it has access to staff and equipment to use the equipment in a timely manner once requested or deployed. The Agency affirms that it has properly trained and qualified personnel to operate and maintain equipment provided through this Agreement, and the Agency agrees to maintain training of personnel to ensure proper and safe use of the equipment. Agency agrees to assume financial responsibility for monthly or use service charges beyond the scope of this Agreement.

Title: The Agency agrees to accept title to the equipment provided under this Agreement if such title is required by state or federal regulations.

Insurance: The Agency:

Agrees to maintain property and casualty insurance on the equipment provided under this Agreement. Agency will list the Region as an additional insured and a loss payee with respect to the equipment, and provide the Region with a copy of the declarations page or other appropriate excerpt from the insurance policy confirming that the equipment is insured.

OR

Stipulates it is self-insured and will provide Fiscal Agent with a letter documenting its self-insured status.

Report of Loss or Expiration: The Agency agrees to notify the Region within ten (10) working days of the loss, damage or expiration of the equipment provided through this Agreement. The Agency understands that neither Region nor state or federal agencies are not obligated to replace items lost, damaged or expired. Agency is required to commit to sustain capabilities gained through the acceptance of the equipment covered through this Agreement.

Replacement: The Agency is responsible for replacing or repairing the property which is lost, stolen, damaged, or destroyed, at the direction of the KHP HSO.

Interest of Members of the Region and Others: No officer, member, or employee of the Region and no member of its governing body, and no other public official of the governing body of the localities in which the equipment is provided who exercises any functions or responsibilities in the review or approval of this project, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

Termination of Agreement for Cause: If through any cause, the Agency shall fail to perform in a timely and proper manner its obligations under this Agreement or if the Agency shall violate any of

r -'

the covenants, agreements or stipulations of this Agreement, the Region shall thereupon have the right to terminate this Agreement by specifying the effective date thereof. The date of notice shall be at least ten (10) working days before the effective date of such termination. If the Region terminates this Agreement, the Region may require that the Agency return all equipment provided to the Agency under this Agreement to the Region, and that Agency transfer ownership of all equipment to the Region, and that Agency execute any documents necessary to transfer ownership to the Region or to another organization designated by the Region to receive the equipment.

Liability: With the transfer of ownership of the equipment specified through this Agreement, the Agency shall take necessary steps to insure or protect itself, its personnel, and the equipment, and to comply with all applicable local, state and federal laws or other governmental requirements regarding ownership or use of the equipment, including, without limitation, all safety and security standards. The Region and Fiscal Agent, not being the manufacturer of the equipment, has no responsibility with respect to the equipment or any use or storage thereof, or any accidents or claims relating thereto.

The Region and Fiscal Agent makes no representations or warranties, express or implied, regarding the equipment, whether arising by operation of law or otherwise, and expressly disclaims any and all warranties of merchantability, of fitness for a particular purpose of use, of non­infringement, of title, condition, quality or workmanship, or in any other respect. In no event shall the Region be liable to the Agency for any indirect, incidental, consequential, special, and exemplary or punitive damages.

To the extent permitted by law, the Agency will defend, indemnify and reimburse the Region and Fiscal Agent against and for, and the Agency staff will use best efforts to convince the Agency's decision maker to appropriate such amounts as are reasonably necessary to defend, indemnify or reimburse the Region and Fiscal Agent against and for, any claims against the Region and Fiscal Agent that are based in whole or in part on damages or injuries allegedly caused by the equipment or any use or other aspect thereof and any costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Region and Fiscal Agent in connection with any such claims or any breach by Agency of this Agreement, when reasonably asked to do so by the Region.

Governing Law: This Agreement shall be interpreted under and governed by the laws of the State of Kansas.

Related Federal Regulations per 44 CFR. Part 13, Section 13.32: The Agency shall not use equipment to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted by federal statute. The Agency may use equipment to be replaced as a trade-in or sell the property and use proceeds to offset the cost of the replacement or similar use property, with approval from the Region and final approval from the state and federal agencies. The Agency may sell or dispose of equipment valued at under $5,000 upon approval of the KHP HSO and notification to the Region the date equipment was sold, sale price of equipment, and entity that was sold to (if selling equipment) or upon notification to Region that equipment is requested to be disposed and reasons for disposition (if disposing equipment). If equipment is sold for $5,000 or more, the federal government shall have the right to receive proceeds from the sale in excess of grant funds provided for such item; this does not apply to transferring equipment to other entities or in applying the sale proceeds towards acquiring other homeland security-related equipment that costs more than the equipment sold.

Disposition of Property: The Agency may dispose of or remove from inventory any or all equipment when the useful life of the original or replacement equipment acquired under the grant award has expired or when any or all equipment is no longer needed for the original project or program. Disposition of the equipment will be made as follows:

• The Homeland Security Grant Program Equipment Disposition Form should be filled out when any equipment is sold, transferred, broken, lost, stolen, or has met its life cycle.

• Items with a fair market value of less than $5,000.00 may be retained, transferred, or otherwise disposed of and removed from inventory with KHP HSO approval.

• Items with a fair market value in excess of $5,000.00 may be retained, transferred, or otherwise disposed of and removed from inventory with prior written KHP HSO approval. A copy of said approval shall be provided to the Region.

Life Cycle: Life cycle may be measured by the protocols published as Circular A-76 by the White House Office of Management and Budget (OMB) and seen at:

http://www.whitehouse.gov/sites/default/files/omb/assets/agencyinformation circulars procure ment pdf/a076supp.pdf

Fair market value is defined as the amount for which equipment would sell on the open market if put up for sale. The fair market value will be determined by the KHP HSO.

Notices. All notices regarding this Agreement will be considered properly delivered if sent by U.S. postal mail, email or fax to the Fiscal Agent as follows:

For Fiscal Agent:

Name: Lisa Peters Agency: North Central Regional Planning Commission Address: 1 09 N Mill Street - PO Box 565 City/State/Zip: Beloit, KS 67 420 Fax number: (785) 738-2185 Email address: lcpeters@nckcn.com

Notification Address For Agency: " . /

Name: ~D~u~s~ti~n~N~i~c~h~o~ls~~~VL/~---------------------Agency: Shawnee County EM Address: 200 East 7th Street. SB-1 0

Topeka, KS 66603 Email address Dustin.nichols@snco.us

REQUIRED Signatures:

:FPr Regional Horru!land Security Council:

By: Authorized Signature

Date: ________ _

For'Agency: ----------------

By: Date: ________ _

,.

. I . '

By:

By:

By:

Authorized Signature

Date: ________ _

Authorized Signature

----H-____::::~==-------- Date: L ·" 1- ] ·1 Approve as to form, County Counselor

------:------------ Date: _______ _ Attested to, County Clerk

· multlcci'rd -3370 NORTH SAN FERNANDO ROAD. UNI'f 202 LOS ANGeLES, CAllFORNlA 90065 PH: s~8-9H•·-{)160 1 FX: 885-916-0lM FEDERAl TAX IO: n-H77Hlf>

Bill To:

10024676

North Central Regional Planning Commission 109 N. Mill PO Box 565 Beloit, KS 67420

' • · ~;:O •. ~umber

16-NEK170327.001 . __ .... __ . . "

tracking # 706885459218

DIH10458

DIH10461

DIC10217

DIC10319

DIC10180

MFR-36M

RWSupport

RWProfServ

EDisecure XID 8300 Retransfer card Printer for double-sided printing, s/n = 17145900, 17145902, 17145903 EDisecure ILM·LS Single Side Lamination Unit with Lower Cassette, stn "' 08042840, 08042846, 08042852 Ribbon, YMCKK yleld/750

EDisecure XID ART Retransfer Film, yields up to 1000 card sides EDisecure 1.0 mil Clear Patch Ribbon Laminate, 550 cards, one side Matica 36 Month Depot Warranty

24/7 Service/Support per Telephone for 3 Years. Remote Installations with a training session at each location.

·serJaf:No ·

Ship To:

Fed Ex Ground .·•

. ··~~rd&'' shl·· . . . .. ,_P 3.0 3.0

3.0 3.0

3.0 3.0

3.0 3.0

3.0 3.0

3.0 3.0

3.0 3.0

3.0 3.0

(

INVOICE

Invoice No: 1200045365

Date: 3/31/2017 Account No: 401858 000

Riley County EM Attn: Laurie Harrison~ PO #16~NEK170327.001 115 N. 4th Street Manhattan, KS 66502

-P~.-., ..... ,, ... t'·;;;;.;;-~:.:.·· ·· ·;- .. .''·'_·~•.,·.·~-;~-~--:-~." ... -... -._,_!',.t.'O,·.~u-_·e·· . ~y_~t~en ··~ ; .. .-.:. ' .· "'~"~''"' _ Net30 Days 4/30/2017

Clint H. & Steve B.

-Q~o-· ·.'J.JM ~~C#t~: i/J~iiR''' .. Mi!)un:t:

'.

0.0 Each $2,718.00 $8,154.00

0.0 Each $1,772.00 $5,31&.00

0.0 Each $258.00 $774.00

0.0 Each $8\1.00 $267.00

0.0 Each $119.00 $357.00

0.0 Each $0.00 $0.00

0.0 Each $0.00 $0.00

0.0 Each $0.00 $0.00

Subtotal $14,868.00

Discount $0.00

Freight $110.00

Sales Tax $0.00

Invoice Total $14,978.00

Balance Due $14,978.00

Page 1 of 1

' r " ',.

L

North Central Regional Planning CommiAion P.O.Box565 Beloit, KS 67420 (785) 738-2218 Fax: (785) 738-2185 FIN: 48-41808208

Multicard

Tax Exempt 1: KSJ1XMOGJD Expiration Date: 10/0112020

Vendor Information:

6820 N Broadway, Unit J

Denver, CO 80221

16-NEK170327 .001 THIS NUIIIIER MUST APPEM ON INVOICES, BIL, BUNDLES, C~ES, PACl<ING liSTS, AND CORRESPONDENCE

Project: FY16 Accountability Equipment

F.O.B.

SHIP VIA

Northeast Kansas Regional Homeland Security Council

Laurie Hamson

110.00

RECEIVED BY DATE

END USER ATTACHMENT (May attach invoice detailing date of purchase, vendor, etc. of items purchased)

County: Shawnee County

Project: Accountability

End User Dept.: Emergency Management

Location Address: 200 East ih Street. SB-10

City: Topeka, KS

Responsible Individual: Dustin Nichols

Telephone #:785-640-4672

Email: Dustin.nichols@snco.us

Date Received: 29 March 2017

NO. Description No. of Units Unit Price Serial Number(~}

1 XID 8300 Printer 1 $2718.00 17145900

2 ILM-LS Lamination Unit 1 $1772.00 08042840

3 Ribbon Kit 1 $258.00 N/A

4 Retransfer Film 1 $89.00 N/A

5 Patch Ribbon 1 $119.00 N/A

6 3 year warranty 1 $0 N/A

7 24/7 Support 1 $0 N/A

8 Remote Installation w/training 1 $0 N/A

9

10 Total Value $456.000

Received in good condition: __ X_ Yes ___ No If no, describe:----------

Receive~sSignature: ~ Date: 1Jfl1y 201/

ATTACH COPY OF SIGNED PROOF OF INSURANCE

II Page

i .. I

Fax 785-251-4941

To: Board of County Commissioners

Shawnee County

AUDIT -FINANCE OFFICE Suite 201, Courthouse

200 SE 7th Street Topeka, KS 66603-3903

From: Betty Greiner, Director of Administrative Services (

Date: June 7, 2017

RE: Consideration of resolution appointing Angela Lewis as the Director of Human Resources

Your approval is requested to appoint Angela Lewis as the Shawnee County Human Resources Director effective June 26, 2017.

Ms. Lewis comes to the County with excellent experience in: • Human Resource policies, procedures and best practices • Payroll supervision • Employee relations • Grievance and arbitration proceedings • Recruiting for all levels of positions • Performance evaluations and goal processes • Leadership development programs

Ms. Lewis has been an adjunct professor at Baker University since 2007 in Human Resources Management at the bachelors and masters levels. She is a graduate of the Leadership Greater Topeka class of 2007. She was also a founding member of the Topeka chapter of the Making Lives Better at Alorica charity.

Ms. Lewis will be compensated at $75,000 per year, a portion of which will be paid from the Worker's Compensation Fund. With benefits, her total annual compensation will total $99,989.

Attachment

Phone 785-251-4307

,· '

RESOLUTION NO. 2017- d.~ ...::c._:___

A RESOLUTION APPOINTING THE

SHAWNEE COUNTY HUMAN RESOURCES DIRECTOR

SPONSORED BY COMMISSIONER ARCHER

WHEREAS, The Board of County Commissioners of the County of Shawnee, Kansas desires to appoint Angela Lewis as the Shawnee County Human Resources Director;

NOW, THEREFORE, The Board of County Commissioners of the County of Shawnee, Kansas, meeting in regular session on this _ day of June, 2017, does hereby resolve as follows:

1. Angela Lewis is hereby appointed as the Shawnee County Human Resources Director, effective June 26, 2017 and will be compensated at the rate of $75,000 per year ($2,884.62 per pay period).

ATTEST:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Robert E. Archer, Chair

Kevin J. Cook, Vice-Chair

Michele A. Buhler, Member

Cynthia A. Beck, Shawnee County Clerk

Approved as to Legality. and Form: Oat~~- 7 ·/1

!\SST. CO. CO ~N~~LOR