BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, JUNE 8, 2017,9:00 AM

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

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Consider authorization and execution of Contract C196-2017, Memorandum of Agreement with the Shawnee County Office of the District Attorney, to provide space, telecommunications, information management and other administrative support for Mission Essential Functions in the event of an emergency-Corrections.

2. Acknowledge receipt of correspondence from KDHE regarding a proposed Kansas Water Pollution Control Permit for Futamura USA Films, Inc., Tecumseh, Kansas.

3. Consider approval of the 2016 Solid Waste Plan Annual Review to be submitted to the KS Dept. of Health and Environment-Solid Waste Management Committee.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. KANSAS EXPOCENTRE -Hans Niska

1. Consider approval ofrequests for capital expenditures in a total amount of$9,115.20 as follows:

(a) Purchase and installation of an air conditioning unit dedicated to a data closet in the sound room in Landon Arena at a cost of $4,950.00.

(b) Upgrade of lighting fixtures that illuminate the Northwest and Southwest entrances into Landon Arena at a cost of $4, 154.20.

C. INFORMATION TECHNOLOGY-Pat Oblander

1. Consider authorization and execution of Contract C 197-2017 with W estar Energy for fiber optic attachments to Westar's distribution poles for five years at a rate of$8.93 per attachment per year billed semiannually payable from the Information Technology budget.

D. DEP ARMENT OF CORRECTIONS-Brian Cole

1. Consider approval of request to fill a vacant Account Clerk II position for the records department in the Adult Detention Center at an annual salary, including benefits of $41,452.36.

E. COMMISSION

1. Consider appointment of Bryan Hughes to the Topeka/Shawnee County Riverfront Authority­Commissioner Archer.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

1. Non-elected Department Head evaluations.

To:

From:

Date:

Subject:

]I/ Shawnee County

Department of Corrections 501 S.E. 8th Street - Topeka, Kansas 66607

Brian W. Cole, Director

Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4924 Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963 Corrections Annex- 818 SEAdams- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4930

Board of County Commissioners

Brian W. Cole, Director ty--

May 24,2017

CONSENT AGENDA: Request Approval of Memorandum of Agreement with Office of the District Attorney, Third Judicial District of Kansas, District Attorney Michael F. Kagay

I am requesting approval of the above Memorandum of Agreement for services and use of designated use of facilities during an emergency. This MOA is in cooperation with meeting standards for accreditation purposes and are a critical component of the department's Continuity of Operation Planning {COOP) initiative.

The County Counselor has reviewed the MOA for legality and form. Thank you and I will be happy to answer any questions you may have.

BWC:bwc

cc. James Crowl, County Counselor Eve Kendall, Deputy Director Tim Phelps, Deputy Director Brandy Biltoft, Division Manager File

>

~t1.AVV pu:.~::. ~vwn ._._

t;ONTRACT ·#~\~lt_~\, 1 MEMORANDUM OF UNDERSTANDING FOR THE USE OF

DESIGNATED FACILITIES DURING A DISASTER REQUIRING ACTIVATION OF THE CONTINUITY OF OPERATIONS PLAN

TIDS MEMORANDUM OF UNDERSTANDING is made by and between THE SHAWNEE COUNTY OFFICE OF THE DISTRICT ATTORNEY, hereinafter referred to as the "DAO", and the SHAWNEE COUNTY DEPARTMENT OF CORRECTIONS, hereinafter referred to as the "DOC".

I. Purpose This Memorandum of Understanding (MOU) provides a framework for cooperation

between the two parties in an emergency or unforeseen event that results in access or suitability problems to the Shawnee County Courthouse. Under this MOU, the DOC will assist the DAO with space, telecommunications, information management and other administrative support for Mission Essential Functions outlined in the Continuity of Operations Plan (COOP).

II. Definitions DOC's Facility- The DOC's facility that is subject to this MOU is 401 SE 8th Street, 501 SE gth Street, and 818 SE Adams, Topeka, KS 66607. Specifically, the office space in the basement of 501 SE 8th Street, conference room in 501 SE 8th Street, conference room in 401 SE gth Street, training room in 401 SE 8th Street, dormitory style housing area in 818 SE Adams, and other space that may be determined available once the specific needs of the user organization are identified.

III. Scope This MOU provides for assistance in cases where the DOC's Facility is not significantly

affected by the incident or event requiring activation of the MOU. The time period of DOC's support is expected to last the duration of the COOP activation or until the DAO finds another space to relocate.

IV. Procedures A. Availability of Space/Support. Each party to this MOU will work cooperatively to

identify space, telecommunications, information management, security, and other administrative necessities to support the temporary relocation of staff necessary to conduct Mission Essential Functions.

B. Activation of Space/Support. The Shawnee County District Attorney or his/her designee will promptly notify the Director of the DOC or designee in the event that space is needed at the DOC's Facility for the DAO's COOP.

V. Term This MOU will be effective on the date of the last signature thereto and will continue

until rescinded, upon 30 days written notice, by either party.

SHAWNEE COUNTY DEPARTMENT OF CORRECTIONS

DATE

SHAWNEE COUNTY OFFICE OF DISTRICT ATTORNEY

MIHAiL F. KAGAY, n~ a:l'SnToRNEY

s.~.t7 DATE

Approved as to Legality and Form: Date..£~t."{,,"' ~;

II e, ASST. C<i.'COUNSE OR Received _____ _

Bureau of Water 1000 SW Jackson St., Suite 420 Topeka, KS 66612-1367

Susan Mosier, MD, Secretary

Shawnee County Commissioners 200 S.E. 7th, Room B-11 Topeka, KS 66603

Department of Health & Environment

May 31,2017

RE: Kansas Public Notice No. KS-Q-17-69 Kansas Permit No. I-KS72-P009 Futamura USA Films, Inc. Wastewater Treatment Facility

Dear Commissioners:

Phone: 785-296-2856 Fax: 785-559-4257

Shelly .Shores-Miller@ks.gov www.kdhe.ks.gov

Sam Brownback, Governor

Enclosed is the public notice regarding a proposed Kansas Water Pollution Control Permit for the referenced facility in your county. In accordance with K.A.R. 28-16-61, this notice provides interested parties an opportunity to comment on, or object to, the issuance of the Permit as being public noticed. Specific information concerning comments and objections is found at the end ofthe public notice.

Enclosure

pc: Permit File

Sincerely,

JJ1 ~t?21k Shell~hores-Miller Permits & Compliance

State of Kansas Department of Health and Environment

Public Notice Concerning Kansas l Federal Water Pollution Control Permits and Applications

State of Kansas Department of Health and Environment Division of Environme~t-Bureau of Water 1 000 SW Jackson St., Suite 420 Topeka, Kansas 66612-1367

Public Notice No. KS-AG-17-077/080 KS-AG-R-17-009/010

KS-Q-17-069/070

Telephone: (785) 296-6432- Ag Permits (785) 296-5517 .-All Others

Beginning Date: June 1 , 2017 Comments Du~: July 1, 2017

I I In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 17, 28-18a-1 through 33, 28-16-150 through 154, 28-46-7, and the authority vested with the State by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to· revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States· and the state of Kansas for the Class of discharges described below. ·

The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation and reissuance of the designated permit or termination of the designated permit.

*********************************************************************************************************************

Public Notice No. KS-AG-17-077/080 Pending Permits for Confined Feeding Facilities Name And Address of Applicant Legal Description Justin Ohlde NW/4 of Section 24 Ohlde's Dairy T04S, R03E 1814 9th Road Washington County Linn, KS 66953

Kanas Permit No.: A-BBWS-D002 Federal Permit No.: KS0093947

Receiving Water Big Blue River Basin

This is a permit modification and reissuance for an existing dairy. There is no change to the existing capacity of 3,522 head (4,750.8 animal units) of dairy cattle consisting of 3,322 head (4,650.8 animal units) of mature dairy cattle and 200 head (100 animal units) of replacement heifers weighing 700 pounds or less each. Proposed modifications include building four freestall barns and four parallel concrete solids separation channels. The facility has an approved Nutrient Management Plan .

...-. - ·-Daniel R. Beachy Daniel Beachy 4 705 W. Longview Road

NW/4 of Section 20 T24S, R06W Reno County

1

Lower Arkansas River Basin

*********************************************************************************************************************

Public Notice No. KS-Q-17-069/070 The requirements of the draft permit public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16·28 (b-g), and Federal Surface Water Criteria. NAME AND ADDRESS OF APPLICANT RECEIVING STREAM TYPE OF DISCHARGE Futamura USA Films, Inc. Kansas River Process Wastewater 6000 SE Second Tecumseh, KS 66542

Kansas Permit No. I-KS72-P009 Federal Permit No. KS0003204 Legal Description: SE%, NW%, S31, T11 S, R17E, Shawnee County, ·Ks

The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility pr()duces cellophane from W()od pulp for use primari_ly in food packaging. The cellophane production process generates acid, alkaline and neutral wastewater streams. The alkaline wastewater stream includes domestic waste flows from the administrative building and alkaline waste stream

1from the mix

house, finishing, coating, casting, and viscose manufacturing areas (VMA). The acid waste stream includes acid waste process flows'from the casting·areas; boiler blowdown; and process flow from the power house which includes demineralizer and sodium softening regeneration liquors; sand filter backwash, and cooling tower blowdown. Neutral water flow from the evaporator barometric condenser is normally used for sludge dredging or diverted around waste treatment and commingled with the clarifier effluent iri the outfall sewer. Steam condensate from other sources is also directed to the wastewater treatment system. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, E. coli, total residual chlorine, whole effluent toxicity, and pH, as well as monitoring for sulfate, total dissolved solids, ammonia, nitrate + nitrite, total Kjeldahl nitrogen, total phosphorus, carbon disulfide, priority pollutants, and flow. Contained in the permit is a schedule of compliance requiring the permittee to complete an approved dye test and provide documentation and calculations showing the actual mixing zone at the Kanas River Flow.

Martin Marietta Materials Inc. 7381 West 133rd St, Suite 401 Overland Park, KS 66213

Wakarusa River via Clinton La.ke via Unnamed Tributary

Pit De-Watering & Stormwater Runoff

Kansas Permit No. I-KS31-P008 Federal Permit No. KS0116114 Legal Description: SW%, S1, T13S, R18E., Douglas County, KS

Facility Name: Lawrence Quarry

The proposed action is to reissue an existing permit for discharge during quarrying operations. This is a limestone quarrying and crushing operation, with occasional rock washing. Outfall 001A1 consists of treated wash water and stormwater runoff. Outfall 002A 1 consists of pit water and storm water runoff. The proposed permit contains 'limits for total suspended solids.

*********************************************************************************************************************

Persons wishing to comment on or object to the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments or objections considered in the decision making process. Comments or objections should be submitted to· the attention of Livestock Waste Management Section for agricultural related draft documents or applications, or to the permit clerk for all other permits, at the Kansas Department of

3

Shawnee County Solid Waste Management Committee cfo Ed Kalas, Chair Shawnee County North Annex Environmental and Community Health 1515 NW Saline, Ste. 221 Topeka, KS 66618-2838

June 5, 2017

To:

From:

Re:

Board of Commissioners Shawnee County

Ed Kalas, Chair Shawnee County Solid Waste Management Committee

ConsentAgenda-RequestApproval ofthe attached 2016 Solid Waste Plan Annual Review to be submitted to the Kansas Department of Health and Environment (KDHE)

Action Requested: Board of Commissioners' approval of the attached 2016 Solid Waste Plan Annual Review to be submitted to the Kansas Department of Health and Environment

This report meets KDHE annual review requirement for the Shawnee County Solid Waste Management Plan. As there were no changes to the 2016 5-year plan update, the only change reflected in this report is the appointment of Travis Tenbrink to replace Adam Moser from the City of Topeka and the re-appointments of the remaining Solid Waste Management Committee (SWMC) members. The Board of County Commissioners made the appointment and re-appointments to the committee on June 5, 2017.

Once the SWMC receives copies of the minutes verifying the review approval, it will submit all of the documentation to KDHE.

•

Shawnee County Solid Waste Management Committee cfo Ed Kalas, Chair Shawnee County North Annex Environmental and Community Health 1515 NW Saline, Ste. 221 Topeka, KS 66618-2838

2016 Solid Waste Plan Annual Review June 8, 2017

• Solid Waste Management Committee Members (Updated and Approved by the Shawnee County Board of Commissioners on 6/5/17)

LAST FIRST AFFILIATION REPRESENTING Regulation Met

Vlach Tom SnCo Solid Waste Recycling Coordinator 65-3405(b)(4)

Kalas Ed Citizen Unincorporated County 65-340S(_bj[2)

Moore Allen Frito Lay Private Industry 65-3405(b)13)

Tenbrink Travis City Forestry City of Topeka/1st class 65-340S(b)(1)

Noble Tom Silver Lake Third Class City 65-340S(b)(1)

SnCo Environmental and Simons Tim Community Health Shawnee County 65-340S(b)(2)

Wright Bob Citizen General Public 65-3405(b 1 (5) Keep America Beautiful-

Keep America Beautiful- Topeka/Shawnee McKee Philida Topeka/Shawnee County County 65-3405(b)(2)

NOTE: There are no second-class cities in Shawnee Coun!Y_

• There were no changes to the 2016 5-year Update in the last year.

• A copy of the Commission minutes in which this 2016 Solid Waste Plan Annual Review was approved for submittal to KDHE by the Shawnee County Board of Commissioners is attached.

Memorandum

To:

From:

Re:

Date:

Robert E. Archer, Chair, Shawnee County Commissioner Kevin J. Cook, Vice Chair, Shawnee County Commissioner Shelly Buhler, Shawnee County Commissioner James Crowl, Shawnee County Counselor/Contract Administrator Betty Greiner, Director, SNCO Audit/Finance

Les Crooks, Interim General Manage~ Hans Niska, Director of Operations ~

Capital Expenditure Requests for June 2017

Friday June 2nd, 2017

B I

Please add this request to the Shawnee County Commission agenda on Thursday June 8th, 2017.

Capital Expenditure Item for April: This month I have two capital expenditure items to bring before the Board of County Commissioners:

The first item is the purchase and installation of an air conditioning unit dedicated to a data closet in the sound room in Landon Arena. Currently the room depends on the main HV AC system for the overall arena. The problem with this is when we do not have any events in the arena, it does not make sense to run the HV AC in the entire arena just to keep this one small room cool. Over the years, the amount of gear that has been added to this room has increased to the point where it has become necessary to add a dedicated system just for this room. We have received three bids for this project and are recommending that we use Sam co at a cost of $4,950 to complete the project.

The second project that we would like to complete is the upgrade of the lighting fixtures that illuminate the Northeast and Southwest Entrances into Landon Arena. The fixtures that are currently in place are very old and when they fail they are very difficult and expensive to get parts for. This proposal is to upgrade them to a LED fixture that would be much more efficient and effective. The fixtures will cost $4,165.20 from Kriz-Davis and will be installed in house.

The total request for these projects is $9,115.20. With a current balance of $56,827.87 in the capital expenditure fund, this would leave us with a balance remaining of$47,712.67.

Thank you very much for your consideration of this requests.

One Expocentre Drive Topeka, Kansas 66612-1442 Phone 782.235.1986 Fax 785.235.2967 www.KsExpo.com

April21, 2017

Attn: Matt Rockers Kansas Expo Centre 1 Expocentre Dr. Topeka, KS 66612

"Serving Topeka and N.E. Kansas since 1982"

Project: P-Series Server Room Ductless Split System Installation

Proposal#1704-030

SAMCO Plumbing, Heating, and Air Conditioning are pleased to submit this proposal for the above-referenced project. Our scope of work is defined as follows:

Items included in our proposal:

• Provide and install one Mitsubishi P-Series 2 ton cooling only ductless split system. e Mount cooling head in server room and install refrigerant lines, drain line to existing drain

in room and cornmunica·don wire. Condenser to be located in ceiling on a wall mount. • Evacuate system to manufactures specifications, check for leaks and prepare system for

Freon R-41 Oa charge. s All materials, parts, labor, standard shipping, complete system start up and check out are

included for the above mentioned repair . ., Un1t is rated at 24,000 BTU's of cooling with the ability to turn down to 8,200 BTU's.

Items not included are as follows:

• Overtime- (All work will be petiormed during normal business hours). • Applicable taxes are not included and will be added to the invoice. • Electrical work of any kind. Moving or relocating of existing equipment in work area. ·• Repairs, painting of walls or floors during or after installation. • This proposal includes only those services and or repairs specified above. Additional

services and or repairs, i'l required will be performed on a time and material basis after customer's approval or will be quoted separately.

Totall\let Pries for above work . " ......................................... ,S 4,950.00

Thank you for eilowlng S)\MCO Plumbing, Heating, and Air Conditioning to provide this proposal. VVe are looking for-Nard to this or any other projects you may have in the future. If there are any questions please do not hesitate to contact us.

Respectfully submitted,

0/"etf/ J'teuurt.f Drew Stevens SAMCO, Inc. HVAC Com;ult:~!:t 785-233 .. 2943 drew.stevens@samcoks.corn

Customer Acceptance: Authori?.:ed by: Title: Date: P.O.:

NOTE: This proposal may be withdrawn by us if not accepted within 30 days.

~---·----------·-----~--------------------Mecna11rcal Cor,tractors 3840 1\IW 14th )~··eet Topeka Ks 66618 P (785)-234-4000 F (785)-234-3804

MG,E/rox's

April 25, 2017

Kansas Expocentre One Expocentre Drive Topeka KS 66612

RE: Proposal to install AC in sound booth

Matt

810#170420-0052

Topeka 785.266.4870 Manhattan 785.539.4870 Lawrence 785.841.4870 Toll Free 877.623.5769

3209 SW Topeka Blvd Topeka, Kansas 6661 I

www.mcelroys.com

I am pleased to submit McElroy's Inc. proposal for the above referenced project. Our scope of work is defined as follows:

Items included in our proposal:

Furnish and install 1 new 2 ton Mitsubishi condensing unit, air handling unit, and refrigerant piping as needed, tie into existing drain line.

Total. ............................................................................... $8, 150.00

Items not included are as follows: Installation of new unit.

• Sales Tax.

Please don't hesitate to call me if you have any questions regarding this proposal. I can be reached at (785)267 -9045.

Sincerely, McElroy's Inc.

~~----Tim Moore HVAC Service Sales Managar timmoore@ lH1;elr'Qw!..c;;on1 785-267-9045

NOTE: This proposal may be withdrawn if not accepted within 30 days.

Accepted by--------·-­Date----------------

PCI Mechanical Services 115 S. Jackson Topeka,KS 66603 Ph: 785-233-4321 Fax: 785-233-4122

.PROPOSAL -Date: April 24, 2017

To: Kansas Expocenter

Project: Installation of a Mitsubishi 2 ton mini split air conditioner for the a~ena sound and light booth. Includes:

~~ Mitsubishi high wall evaporator unit ·• Mltsubishi cooling only condensing unit to be mounted on the perch just

outside of the sound booth in the main entrance area " Wireless controller • Refrigarant piping IIJ Condensate drain piping to the existing drain line • Labor for installation and ~.tartup • Excludes: high voltag.g electrical. circuit and wiring, scissor lift, temporary

Ctloling1 labor outside normal business hours of Monday-Friday 7am-4pm

Tt~tal Labor and Materials ................................................... $7 ,389.00 complete

TI;RMS AND CONDITIONS . 1. App;ic~bl.3 sale~;; t<.~:< a;~d rr~iJht are it1ch.:dej. 2. Prices an 1 v311~ for tll'~ty c1~ys from this dat'3. 3. This proposal include:) only those seNices and/or repairs specified above. If additional services are required the

additional p&rts, !<Jbc:·, .n&ts;ial will be perfonned on a time and material basis after customer's approval or' quoted sep;:Jrato!) ·.

Sincerely, Customer Acceptance:

Firm Name:

Accepte-d by:---------

Printed Name:---------IVlark Law PCI Mech;an!c:al S'O)rv!C9S Data:

Purchase Oa·der Numher: -----

C;\US6rs\pl9!:1g\~CS Sscur' St-.ara\?CI Custom~r lf$··.Kan!ES Expocantra'.Qcote T&M Oocs\201:' q..;ct~\~ ~t:;:::;cant"l AC Quote 2017 for Sound&. Light Booth.doc

~ ~o~g~;J,.S~; 1516 NW SALINE ST TOPEKA, KS 66618-2837 785-354-9532 Fax 785-354-1129

1111111111111111111111111111111 Quotation

EXPIRATION DATE QUOTE NUMBER

05/10/2017 8101540740

1516 NW SALINE ST PAGE NO. TOPEKA, KS 66618-2837 785-354-9532

1 of 1 Fax 785-354-1129

QUOTE TO: SHIP TO:

KANSASEXPOCENTRE 1 EXPOCENTRE DR TOPEKA, KS 66612-1442

KANSAS EXPOCENTRE 1 EXPOCENTRE DR TOPEKA, KS 66612-1442

CUSTOMER NUMBER CUSTOMER PO NUMBER JOB NAME I RELEASE NUMBER REQUIRED DATE

738•1

ENTERED BY SHIP VIA

FRANK BLEAN OUR TRUCK .· .

ORDERQTY DESCRIPTION ..... ..,..._I\J1FI 1

-- 11"\1'"- --~-- -

G¥598 1910 'IL fljiq: li'RI!I!JA"! t!H Bfe1i\LL L~

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1292 HOLOPHANE PSLED PK2 MVOLT MFL 40f<

l

4 GYSDP 10KVIL NR 04 63 PREDATER

SMALL LED 10.000 LUMENS YOKE MOUNT

4 FOOT CORD i *

2ea :1 UTH OLWX1 LED 40\N 401< M4

1 Wallpack

l * l

*********Unless oth_erNise not~a q~otes expire in 30 days************ **** Sales Tax, Fre1~1ht, and M1sc Items may not be included **** No returns without prior approval. All returns must be accompanied by a copy of the invoice and are subject to a restocking charge. No returns allowed on non-stocked items or cut wire.

Print~rl Rv· ~RI I= AN nn 11/1~1?n17 7-t;,·10 L\U

04/10/2017

UNIT PRICE

-"'-L'. ,., .........

634.200/ea

180.000/ea

FREIGHT ALLOWED .. _

I

I l ~ i

j I )

No

EXT PRICE

~sos.a

360.00

2i 15 0.00

Mytown Media P.O. Box383

Pittsburg, KS 66762

Date

4/1212017

4/13/2017

4/14/2017

4/15/2017

4/16/2017

4/17/2017

4/18/2017

4/19/2017

4/20/2017

4/21/2017

4/2212017

4/23/2017

4/24/2017

4/25/2017

4/26/2017

4/27/2017

4/28/2017

4/29/2017

4/30/2017

KANSAS EXPOCENTRE · TRADE 1 EXPOCENTRE DRIVE TOPEKA, KS 66612

Day Length Copy: 97.7-165625 Boston

Wed :3C KSNP- FM 06:52:30AM

Thu :3C KSNP- FM 06:40:30AM

Fri :3C KSNP- FM 10:51:00 AM

Sat :3C KSNP- FM 08:51:00AM

Sun :3C KSNP- FM 12:30:00 PM

Mon :3C KSNP- FM 06:31:40 AM

Tue :3C KSNP- FM 06:51:00AM

Wed :3C KSNP- FM 11:21:00AM

Thu :3C KSNP- FM 12:30:40 PM

Fri :3C KSNP- FM 06:50:00AM

Sat :3C KSNP- FM 06:50:30AM

Sun :3C KSNP- FM 11:21:30 AM

Mon :3C KSNP- FM 12:22:00 PM

Tue :3C KSNP- FM 06:31:10AM

Wed :3C KSNP- FM 08:20:30AM

Thu :3C KSNP- FM 06:50:00AM

Fri :3C KSNP- FM 09:21:30AM

Sat :3C KSNP- FM 08:31:00AM

Sun :3( KSNP- FM 08:52:00AM

10:51:30AM 03:52:00 PM

04:20:00 PM 06:50:00 PM

05:22:00 PM 05:52:00 PM

12:52:00 PM 04:51:00 PM

01:20:30 PM 03:50:00 PM

10:31:10AM 03:31:40 PM

09:50:00AM 02:52:00PM

12:32:10 PM 06:51:30 PM

02:50:00 PM 03:31:40 PM

12:30:40 PM 06:50:00 PM

09:22:30AM 04:20:00 PM

05:30:30 PM 06:31:30 PM

05:21:30 PM 05:52:00 PM

01:21:30 PM 01:51:00 PM

04:20:30 PM 06:20:00 PM

07:50:00AM 06:50:30 PM

11:51:00AM 01:31:40 PM

09:20:00AM 10:50:00AM

11:21:00AM 06:50:00 PM

KANSASEXPOCENTRE-TRADE

Advertiser ID: 6929 Amount Paid

6929-00023-0000

Official Invoice

DETACH AND RETURN WITH PAYMENT

6929-00023-0000

Purchase Order Number;

Est. Number:

Co-Op:

Description: Boston

Salesperson: House, .

Qty

3

3

3

3

3

3

3

3

3

3

3

3

3

3

3

3

3

3

3

0 4/30/2017

Rate

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

$15.00

Remit payment to: Mytown Media, P.O. Box 383, Pittsburg, KS 66762 620-232-5993

Payment due by the 15th of the month

I Quantity 57 Total

Total Due

INVOICE

Total

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$45.00

$855.00

$855.00

Memorandum

DATE: June 1, 2017

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Westar Utility Pole Attachment Agreement.

c_l Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street Topeka, Kansas 66603-3933

The Information Technology department is requesting approval to enter into a 5 year agreement between Shawnee County and Westar Energy that will allow the attachment of county owned fiber optic cables to existing utility poles owned by Westar. These attachments provide the County with the ability to route fiber optic cables along aerial paths where Westar has available utility poles. This arrangement substantially reduces the costs associated with deploying fiber cables as compared to installing fiber cables in underground conduits.

The attached agreement along with an attached memorandum specify that the fee for each attachment will be $8.93 per year billed semiannually. Shawnee County currently has 67 pole attachments in place. Funding for these fees are included in the Information Technology budget.

This agreement will replace an agreement that was established with Westar in August of 2008 (C277-2008).

CPO/mro

fax 785-2.91-4.907 phone 785-233-8200 ext. 4030

~rEnergy. June 1, 2017

Re: Notice of Charge for Pole Attachments

Dear Pat:

Billing Periods: July 1, 2017 through December 31, 2017 and January 1, 2018 through June 30, 2018

This letter is to notify you of the fees that your company will be assessed for its wireline attachments to Westar Energy's distribution poles for the July 1, 2017 through December 31,2017 and January 1, 2018 through June 30,2018 billing periods.

The updated FCC rate for attachments to Westar Energy facilities 1s $8.93 per attachment per year billed in two billing cycles.

Please note that this letter does not include an invoice for payment. This letter is a notice of a change in the applicable pole attachment rates. You will receive an invoice (during the month of July) stating the total amount that your company owes for its attachments for the July 1, 2017. Your payment of that amount is due on receipt of the invoice and will become past due 30 days after the receipt date.

If you have any questions about this information, please contact me at (785)575-1308 or by email missy.behymer@westarenergy.com

Sincerely, ~g'~

Missy Behymer Operations Analyst/Joint Use Coordinator Westar Energy

SHAWNEE COUNT~ CONTRACT # C.\f\1-()J?.{r

~LrnEPOLEATTACHMENTAGREEMENT

BETWEEN WESTAR ENERGY, INC.

AND

This agreement, made this __ day of 2017, by and between Westar Energy, Inc., a Kansas corporation (hereinafter referred to as "COMPANY") and , a ________ ,, organized under the laws of (hereinafter referred to as "A IT ACHEE").

Recitals: Whereas, COMPANY is an electric public utility under the laws ofthe State ofKansas, owns and operates an overhead electric transmission and distribution system in Kansas, and is willing, subject to all ofthe terms and conditions hereinafter set forth, to grant nonexclusive licenses to A IT ACHEE to attach equipment to certain COMPANY poles within its service areas, identified in Exhibit A attached hereto.

Whereas, A IT ACHEE is duly authorized to provide its services and to use and occupy the streets, alleys, and other public places for such purposes in the areas identified in Exhibit A, and A IT ACHEE has attachments and is maintaining those attachments, and desires to make new attachments and to maintain portions of its Equipment upon certain COMPANY poles, and to obtain certain rights which may necessitate relocation of COMPANY equipment attached to Joint User poles within said area.

Now, therefore, in consideration ofthe mutual covenants herein contained, the parties hereto agree as follows:

Article 1 -Definitions 1. As used in this Agreement, the following terms shall have the meanings indicated:

1.1 "Attachment" means Equipment that is physically attached or installed upon a utility pole. Attachment does not include common bonding to a multi-ground neutral (MGN) or vertical ground wire.

1.2 "COMPANY pole" means a utility pole owned by COMPANY and located within the area covered by this agreement which supports facilities used for distributing electric power and energy, but excludes Transmission poles and any pole used primarily for street and highway lighting.

1.3 "Emergency" means an imminent threat to safety of life, property or system reliability.

1.4 "Equipment" means cables, wires, supporting strand, service drop wires, tapoffs, line amplifiers including associated power supply equipment, and other similar items of property which may be attached to a utility pole and used to operate AITACHEE'S communication system. When used to refer to COMPANY, Other User or Joint User property, "equipment" means any or all items of property attached to a COMPANY pole that are used by such entity to provide service.

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1.5 "Joint User" means any public utility, governmental body or other entity that owns utility poles and contractually shares the use ofthose poles with COMPANY in return for having the right to share with COMPANY the use of its poles.

1.6 "Other User" means any person, firm, corporation or other entity, other than COMPANY or a Joint User or ATIACHEE, which has one or more items of property legally attached to a utility pole owned by COMPANY.

1. 7 "Professional Engineer" means an engineer licensed by the Kansas Board of Technical Professions as required by KSA74-7001 and 74-7021.

1.8 "Service Drops" means a cable or wire connected to a COMPANY Pole (with a j-hook or other similar hardware) and extending directly to a customer's premises or to a lift pole (alk/ajump pole or service pole).

1.9 "Service Standard" means the COMPANY's Service Standards Manual. This manual can be located at http://ss.wr.com.

1.1 0 "Transmission pole" means a utility pole owned by COMPANY and located within the area covered by this agreement which supports facilities used for transporting large quantities of electrical energy over relatively long distances from generating stations to major load centers.

Article 2 -Scope and Terms of Agreement 2. Subject to applicable laws and the terms of this Agreement, any and all rights expressly granted to

ATT ACHEE under this Agreement, which shall be exercised at A TT ACHEE'S sole cost and expense, shall be subject to the prior and continuing right of COMPANY to use the Facilities only, exclusively, or concurrently, with any Other User, other person or persons.

2.1 License. Subject to the terms hereof, COMPANY agrees to grant ATIACHEE a nonexclusive license to attach A TI ACHEE's Equipment to any COMPANY pole located within COMPANY's service area, for which approval is given by COMPANY as hereinafter provided. COMPANY will consider granting license to attach ATTACHEE's Equipment to transmission poles with distribution underbuild on a case by case basis.

2.2 Acquisition of Consents. ATIACHEE shall secure and shall assist COMPANY in securing any and all consents, permits, franchises or licenses from governmental authorities, property owners, or any person firm, or corporation, that may be required of A TI ACHEE or COMPANY by reason of operations of A TI ACHEE hereunder. All reasonable expenses of both parties in connection therewith shall be borne by ATIACHEE.

2.3 Relocation Costs. In the event that any attachment by ATIACHEE to any COMPANY pole or to any Joint User pole to which COMPANY'S equipment is attached shall make necessary the alteration or relocation of any equipment of COMPANY, A TT ACHEE shall pay the total cost thereofto COMPANY, including all labor and reasonable overhead costs associated with such alteration or relocation.

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2.4 Replacement Costs. 2.4.1 In the event any Attachment or aerial crossing of equipment (such as when a

perpendicular line is attached to an existing messenger strand at mid-span and it causes additional load to the adjoining poles) by A IT ACHEE will require replacement by COMPANY of any COMPANY pole with a larger (change in class) or taller pole, or with a pole at another location, ATIACHEE shall reimburse COMPANY for the total cost of the project as determined by COMPANY, including the cost ofthe new pole, crossarms and appurtenances, plus all labor and overhead costs associated with the new installation, the transfer of all COMPANY equipment from the existing pole to the new pole, and the removal and disposition of the existing pole, less salvage credits for all material returned to COMPANY's inventory plus applicable Kansas state and local sales taxes.

2.4.2 In the event COMPANY chooses to install a larger (change in class) or taller pole or a longer crossarm than that required to accommodate ATTACHEE's Equipment, then COMPANY will bear the incremental cost of such betterment.

2.5 Previous Compliance. In the event that any COMPANY pole is out of compliance with any applicable federal, state, and local laws or any applicable COMPANY standards in effect at the time ofthe last modification ofthe pole, COMPANY will correct the compliance issue at no cost to A TI ACHEE. Any additional costs to accommodate A TI ACHEE over and above those corrected by COMPANY will be the responsibility of A TT ACHEE.

2.6 Attachment Transfers. 2.6.1 In the event that COMPANY transfers its equipment from one COMPANY pole to

another for reasons such as, but not limited to, pole obsolescence, damage from storms, vehicles and other accidents, compliance with right of way and easement requirements, the necessity of such transfers to be determined by COMPANY in its sole discretion, then COMPANY may (but is not obliged to) transfer ATTACHEE's Attachments at the same time at ATTACHEE's expense without prior notice to A TT ACHEE. COMPANY will provide notice to A TI ACHEE within thirty (30) days after making such transfer.

2.6.2 Alternatively, COMPANY may notify ATIACHEE in writing that ATIACHEE must transfer its equipment from one COMPANY pole to another. A IT ACHEE shall make such transfer at its own expense within the time frame set forth in the written notice and shall advise COMPANY ofthe transfer within ten (10) days of completion. If A TI ACHEE does not complete the requested transfer within the timeframe set forth in the written notice, COMPANY shall have the right, but not the obligation, to make the transfer, and A TT ACHEE shall pay the actual cost thereof. Further, A TI ACHEE shall pay the cost per pole for stub pole removal whenever COMPANY has to make a second trip to remove the stub pole and A TT ACHEE is the only party remaining on the old pole.

2.7 NJUNS. ATIACHEE shall become a participating member ofthe National Joint Use Notification System ("NJUNS") to facilitate required notices, including, but not limited to, any need to modify or transfer ATTACHEE's Equipment. ATIACHEE shall complete NJUNS tickets in a timely fashion.

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2.8 Warranty. COMPANY warrants that all transfers performed by COMPANY under this Agreement shall conform to applicable state and municipal codes and standards, the lawful rulings of governmental authorities, A TI ACHEE specifications provided to COMPANY in advance, and COMPANY specifications to the extent consistent with such A TI ACHEE specifications. However, COMPANY shall not be bound by any A TI ACHEE specifications that have not been provided to COMPANY in advance. THIS WARRANTY SHALL BE A TI ACHEE'S SOLE WARRANTY WITH RESPECT TO WORK PERFORMED UNDER THIS ARTICLE 2, AND COMPANY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

2.9 Specifications. A TI ACHEE, at A TI ACHEE's cost and expense, shall make any attachment of its equipment, and maintain and replace the same, in accordance with (a) such requirements and specifications set fotih in the Service Standards defined in Section 1.9, and as amended by COMPANY from time to time in its sole discretion, (b) the requirements and specifications in the current and/or most recently Kansas Corporation Commission (KCC)­adopted edition of the National Electrical Safety Code (NESC), and any amendments or revisions thereto, (c) the requirements and specifications ofthe current Occupational Safety and Health Administration (OSHA) standards applicable to electric power generation, transmission, and distribution installations, including related equipment for the purpose of communication or metering, which are accessible only to qualified employees, and (d) any rules or orders now in effect or that hereafter may be issued by any other state or local authority having jurisdiction.

• As stated herein, ATIACHEE's workers must be "qualified employees (qualified persons)" as that term is defined in the NESC and under OSHA at 29 CFR 1910.268. Relevant provisions of the OSHA definition are set out in Exhibit D and incorporated by reference herein.

• As applicable, "qualified employees (qualified persons)" shall also comply with COMPANY'S Jesson plans regarding safety requirements about equipment needs and work practices to set poles in energized lines at COMPANY (see Exhibit E).

Article 3 -Applications for License to Attach 3. At such time as A TT ACHEE desires to make any attachments of its Equipment, other than Service

Drops, to any COMPANY pole, A TT ACHEE shall make written application therefor to COMPANY in the form and with the information required by COMPANY (see Exhibit C). Applications for Attachments must be presented to COMPANY prior to ATIACHEE making desired Attachments. COMPANY shaii approve or disapprove each application in writing. Lice.nse to attach to the poles included in this Application will be conditionally approved until such time, if ever, that Westar Energy requires space on any included pole for installation of its own equipment. In such a case, the license granted for the affected pole(s) under this Application shaii expire and ATTACHEE will be required to remove its Attachment(s). 3.1 Engineering Work

With each application for Attachments, A TT ACHEE shaii submit engineering work, performed by COMPANY approved contractors, to determine whether adequate clearance and load-bearing capacity is available. Each application shaii be stamped by a professional engineer. A TT ACHEE is responsible for hiring of and direct payment to the COMPANY approved contractor(s) performing the engineering work. If an application does not include the required engineering work, or if the application is not stamped by a professional engineer, COMPANY may return the application to A TT ACHEE as incomplete. In the event

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COMPANY, in its sole discretion, accepts an incomplete application and further engineering work is required, A IT ACHEE shall reimburse COMPANY for the cost of any such engineering work. 3 .1.1 Within one-hundred and twenty (120) days of receipt of an approved application

from COMPANY, A IT ACHEE shall, at its own expense, install its Equipment on COMPANY's poles, in accordance with the specifications in Section 2.9.

3 .1.2 For service drop attachments only, A IT ACHEE may submit applications on a monthly, after-the-fact basis. The applications shall be in the form prescribed by COMPANY, and shall include the street address and other information identifying the COMPANY poles to which such service drop attachments have been made. Service drops must be built in accordance with the specifications in Section 2.9.

3.2 Post-Installation Inspection COMPANY may perform a post-installation inspection for each Attachment made by A IT ACHEE: If such post-installation inspections are performed, A IT ACHEE shall pay the cost for the post-installation inspection. If COMPANY elects to not perform any inspection, such non-inspection shall not be grounds for any liability being imposed on COMPANY. If the post-installation inspection reveals that ATTACHEE's Equipment has been installed in violation of the specifications referenced in Section 2.9 ofthis agreement, COMPANY will so notify A IT ACHEE in writing and A IT ACHEE shall have seven (7) days from the date of such notice to correct such violation(s). COMPANY may perform subsequent post­installation inspections as necessary to ensure ATTACHEE's Equipment has been brought into compliance.

3.3 Unauthorized Attachments. Attachments of ATTACHEE's Equipment by A IT ACHEE or its contractor on Facilities or poles, without prior written grant of permission from COMPANY, are deemed "unauthorized attachments." The following fees will be assessed, and procedures will be followed, in event the COMPANY discovers, through survey or otherwise, any unauthorized attachments:

3.3.1 Back rent for a period of five (5) years, or since the date of the last survey of ATTACHEE's system (whichever period is shmiest), at the rental rates in effect during such periods, plus interest at the rate often percent (10%) per annum, simple interest;

3 .3 .2 A violation fee of $100 per unauthorized attachment. 3.3.3 COMPANY will provide written notice of unauthorized attachment(s), including

pole location and pole number if available) to A IT ACHEE. 3.3 .4 A IT ACHEE shall submit a permit application in accordance with Article 3 of this

Agreement within thirty (30) days of notice from COMPANY of any unauthorized attachment.

3 .3 .5 In the event A IT ACHEE fails to submit a permit application within thirty (30) days, or in the event A IT ACHEE fails timely complete any step ofthe permitting process set forth in Article 3 of this Agreement after submitting such permit application, COMPANY may remove ATTACHEE's unauthorized attachment(s) at AITACHEE's sole expense, and ATTACHEE will hold COMPANY harmless for any damage to ATT ACHEE's Equipment.

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3.4 Removal of Attachments. ATTACHEE shall have the right to remove any of its Attachments at any time and prior to such removal it shall give written notice thereof to COMPANY on such form and map as COMPANY shall provide for said purpose. COMPANY shall acknowledge receipt of such notice of removal by signing and returning a copy thereof to ATTACHEE. .

3.5 Necessity for Alteration (Make-Ready) or Relocation. 3.5.1 No Alteration Required. If COMPANY determines that any Attachment space so

requested is suitable and available without necessity for altering or relocating any of COMPANY's or any existing Joint or Other User's property or equipment, COMPANY shall approve and return the application and license form to A TT ACHEE showing the estimated make ready cost to be zero.

3. 5.2 Alteration Required. If COMPANY determines to make available any Attachment space so requested, but that alteration or relocation of COMPANY'S equipment or replacement of one or more of COMPANY's poles will be necessary to provide the Attachment space requested, COMPANY shall send to A TT ACHEE the estimated cost for the alteration, relocation, replacement, or make-ready work. • If ATIACHEE thereafter determines to make said Attachment, a copy of the

application and license form shall be approved by A IT ACHEE and returned to COMPANY, and ATTACHEE shall pay COMPANY'S estimated cost for the alteration, relocation, replacement, or make-ready work prior to COMPANY'S commencement of such work. Should the actual cost of such work exceed the estimated amount paid by A TI ACHEE, A TI ACHEE shall pay the difference between those two amounts following completion ofthe work upon receipt of a detailed statement. The permission to attach shall not be effective until COMPANY notifies A TT ACHEE in writing that necessary alterations, re­arrangements, and/or relocation work have been completed.

• If equipment of any Joint or Other Users is attached to any COMPANY pole to which A TT ACHEE is authorized by COMPANY to make any Attachment, COMPANY shall notify said Joint or Other Users of A 'IT ACHEE's authority to make said Attachment. ATIACHEE shall reimburse said Joint or Other Users for the cost, if any, of altering or relocating said Joint or Other User's equipment or transferring same to a new pole. A TT ACHEE shall have the right to make said Attachment only after payment of all such costs.

• All costs assessed to A TI ACHEE shall be in accordance with Article 2.3 and 2.4.

3.6 Overlashing. A IT ACHEE shall not materially change the position of any said attached Equipment or make any replacement thereof of substantially different size or character such as increasing physical size or weight of Attachments, without first notifying COMPANY in writing and providing a load study for such additions reflecting compliance with applicable codes, except in cases of emergency upon oral permission from COMPANY subsequently confirmed in writing.

3. 7 Company Equipment. A TT ACHEE shall not remove, alter or disturb any equipment owned by COMPANY.

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3.8 Facility Crossings. In the event COl\llPANY determines that rearrangement of its equipment or that of any Joint or Other User on any of COMPANY's poles, or replacement or relocation of any COl\llPANY pole, is necessary to provide adequate separation from wires, cables or other Equipment of A TI ACHEE attached to other poles crossing beneath COMPANY poles, ATIACHEE shall pay a proportionate share ofthe cost of all such work in the manner and to the extent set forth in Articles 2.3 and 2.4.

3.9 Concurrent Applications. In the event that COl\llPANY receives applications for an Attachment license to the same COl\llPANY pole from two or more applicants, one ofwhom is ATTACHEE, before COl\llPANY has completed the licensing of any one such applicant, all ofCOl\llPANY's costs for rearrangement or replacement of its poles or·COMPANY's equipment or equipment of Other Users to provide the requested Attachment space for those applicants who are granted a license, shall be prorated between such successful applicants. ATIACHEE shall be bound by COl\llPANY'S determination as to any such proration of costs to ATIACHEE. However, such additional applications shall not delay the processing of ATIACHEE's application or the granting of approval of ATIACHEE's applications.

3.10 Identification of Attachments. COl\llPANY requires that the ATIACHEE or Other Users "TAG" its attachments, in order to facilitate easy identification of their equipment. The ATIACHEE or Other User is required to install identifying tags reflecting the assigned tag number on the attaching equipment.

• Material shall be 0.0 l 0" thick orange tear-resistant rigid polyester ultraviolet film laminated on both sides with a clear acrylic.

• The overall dimensions of the tag shall be 2" high by 4" wide. • The orange film shall be imprinted on both faces with the number that Westar

Energy assigns to the A TT ACHEE Company. Such number shall be black in color and 1.5" high and shall read horizontally.

• A 5/16" brass grommet shall be installed in each of the upper corners of each tag.

• Each tag shall be furnished with two non-reusable 7" Tefzel cable ties, blue or black in color.

• Identifying tags must be installed every third pole on ATT ACHEE'S facilities. 3.1 0.1 A TI ACHEE shall install tags at the time facilities are installed. Identifying tags

must also be installed on existing ATTACHEE facilities at the time ATIACHEE works on these facilities. Any facilities attached to COMPANY's poles shall be tagged within ninety (90) days ofthe effective date of this agreement.

3.10.2 If ATTACHEE fails to tag its facilities as required by Section 3.10 or 3.11 ofthis agreement, COMPANY may perform such work on ATTACHEE's behalf and A TI ACHEE will reimburse COMPANY for the actual cost of such work, plus a service fee in the amount of 50% of the cost of such work.

Article 4- Installation and Maintenance of Attachments and Poles 4.1 Attach in Communications Space. The exact location of any A TT ACHEE Attachment

hereunder shall be within the communication space ofthe COl\llPANY pole, shall be subject to the prior rights of Joint Users and Other Users, shall be subject to the approval of COMPANY which will not be unreasonably withheld, and shall conform to the specifications under Article 2.9 hereof.

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4.2 Modification of Company Equipment to Sustain Unbalanced Load. A IT ACHEE shall install and maintain any modification to COMPANY'S equipment as may be necessary, including but not limited to guy wires and anchors, to sustain any unbalanced load, per such requirements and specifications set fotth in the Service Standards, of any A TT ACHEE Attachment hereunder. Guying for ATTACHEE's Equipment shall have safety factors as required by the NESC. A IT ACHEE's cables or other Equipment shaii be installed on the same side of a pole as any of COMPANY's low voltage supply conductors thereon. In the event a pole is used by any Joint or Other User, A IT ACHEE's Equipment shall be on the same side of the pole as said Joint or Other User's low voltage or communications lines. A IT ACHEE shall not use COMPANY anchors.

4.3 Climbing Space. A IT ACHEE'S Attachments shall be made in a manner to provide adequate climbing space for workmen ofCOMPANY, ATTACHEE and Joint or Other Users in accordance with the applicable codes.

4.4 Relocation or Transfer. Upon written notice from COMPANY, for reasonable cause, A IT ACHEE shall remove, relocate or replace its Equipment located on COMPANY's poles, or transfer the same to other poles, or perform any other work in connection with said Equipment that may be requested by COMPANY, at A TTACHEE' s sole risk and expense. Notwithstanding the foregoing, if such transfer or rearrangement is necessitated by the needs of Other Users or prospective users, A IT ACHEE shali not be required to incur or pay any costs in connection with the transfer or rearrangement of its Equipment. In cases of emergency affecting or threatening to affect the operation of COMPANY'S lines and equipment, ATTACHEE shall respond fotthwith at any hour of the day or night at the request of COMPANY to make necessary repairs or relocation of A TT ACHEE'S Equipment, utilizing competent personnel and adequate work equipment. In lieu of requesting AITACHEE to relocate its Equipment to a new pole, COMPANY may, in its sole discretion, in accordance with the procedures and charges set forth in Article 2.6 transfer A TT ACHEE'S Equipment from the existing pole to the new replaced pole of COMPANY.

4.5 COMPANY Operating Rights. COMPANY reserves the right to install, maintain and remove its poles and to operate its own equipment thereon in such manner as will best enable COMPANY to fulfill its public service requirements. COMPANY shall not be liable to A TT ACHEE for any interruption to the service of A IT ACHEE or for interference with the operation of or damage to A TT ACHEE'S property arising in any manner whatsoever by reason of the exercise by COMPANY of such rights, provided, however, COMPANY shall be liable to ATTACHEE for damage to ATTACHEE's property to the extent caused by the willful misconduct of COMPANY or its agents arising from COMPANY's instaiiation or maintenance operations.

4.6 Equipment Condition. A TT ACHEE shall maintain all of its Equipment attached hereunder in safe, orderly condition and in good repair. Any costs incurred by COMPANY to remedy unsafe, disorderly, or poor repair conditions caused by A IT ACHEE's Equipment shall be reimbursed by A IT ACHEE to COMPANY. In the event COMPANY provides notice to A TT ACHEE of a violation, A TT ACHEE shall correct such violation within the time period set forth in the notice.

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4.7 Tree Trimming and Vegetation Control (Vegetation Management). A IT ACHEE is responsible for all vegetation management (pruning and removal of vegetation) on or around its attachments including all areas required to obtain access to the ATTACHEE's equipment. 4.7.1 Vegetation management shall be done in a manner satisfactory to COMPANY,

including but not limited to using COMPANY approved line clearance qualified contractors and providing reasonable notice to COMPANY customers for access to private prope1ty.

4.7.2 A IT ACHEE is responsible for all of its own vegetation management expenses incurred.

4.7.3 Vegetation management includes all vegetation and is not limited to trees, brush, and vines.

4. 7.4 A TT ACHEE and A TT ACHEE contractors performing vegetation management work shall not enter the minimum approach distance for the electrical conductors at the facility.

4.7.5 A IT ACHEE shall be responsible for removing all debris as a result ofvegetation management work performed. A IT ACHEE is responsible for all expenses incurred for the removal of debris. Removal of debris shall be done in a manner satisfactory to COMPANY.

4.8 New Structures. If ATTACHEE should desire the location of its facilities at any location within the area covered by this Agreement where COMPANY has an inadequate number of poles in place to fulfill A TT ACHEE's requirements, A IT ACHEE shall notify COMPANY of A IT ACHEE's need for such pole facilities in such locations. COMPANY shall thereupon determine if it wishes to place poles in such locations for A TT ACHEE's requirements. If COMPANY so elects, it may erect poles in such locations adequate to meet the service requirements ofboth ATTACHEE and COMPANY, and A IT ACHEE shall thereupon make application for permission to attach its Equipment thereon as provided in this Agreement. A TT ACHEE shall be responsible for the costs of any such additional poles.

4.9 Specific Obligations. Nothing in this Agreement shall be construed to obligate COMPANY to grant A TT ACHEE a license to make Attachments to any particular COMPANY pole.

4.10 Equipment Removal. If COMPANY requires A TT ACHEE to remove any of A TT ACHEE's Equipment attached hereunder, such removal shall be made within thirty (30) days following notice to A TT ACHEE to do so and the expiration of any applicable cure period, except as otherwise specifically provided herein.

4.11 Pole Ownership Transfer. If COMPANY shall remove its own equipment from any COMPANY pole on which A TT ACHEE's Equipment is attached and determines that it has no further need for such pole, COMPANY may offer A IT ACHEE the right to purchase such pole at a Net Book Value plus applicable Kansas state and local taxes, subject to any prior rights of Joint or Other Users to purchase any such pole. If COMPANY transfers ownership of any such pole to any person, firm or corporation other than A TT ACHEE, COMPANY shall thereafter have no further obligation or liability for A TT ACHEE's Equipment attached to said pole. If any such pole is not sold to others, and if ATTACHEE does not accept COMPANY's offer to sell said pole within sixty (60) days from and after receipt of said offer, COMPANY may give notice to A TT ACHEE to remove A TT ACHEE's Equipment there from to permit physical removal ofthe pole, and A IT ACHEE shall remove its Equipment within sixty ( 60) days after receipt of such notice.

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Article 5 -Rights of Way and Legal Authority 5.1 Obtaining Necessary Consent. Before making any Attachment hereunder, A 'IT ACHEE shall

secure any necessary license, permit, consent, easement, or franchise from federal, state, county, or municipal authorities now or hereafter required, or appropriate easements from private owners, to construct and maintain such facilities at such locations, copies of which shall be made available to COMPANY for inspection upon request. If any federal, state, county, or municipal authority, or the owner of any private land upon which such pole is located, lawfully forbids A TI ACHEE use of any COMPANY pole or poles, COMPANY shall have the right to terminate the applicable licenses. COMPANY shall have no liability as a result of such denial or revocation of authority. In the event of termination, A IT ACHEE shall thereupon remove its Equipment from such COMPANY poles within sixty (60) days.

5.2 Hold Harmless. ATIACHEE agrees to indemnify and hold COMPANY harmless from and against any losses, claims or damages arising out of ATTACHEE's failure to secure (or expiration or termination of) the necessary easements, licenses, consent or other approval to construct and maintain its facilities.

Article 6 - Fees and Taxes 6.1 Subject to Section 6.2 below, A TI ACHEE shall pay to COMPANY the then current annual

Attachment fee for utilization of COMPANY'S poles. Said fee shall be paid semi-annually. The semi-annual fee will be based on the number of ATIACHEE's Attachments on a pole to which A TI ACHEE Equipment is known by COMPANY to be attached. If, however, COMPANY orders A TI ACHEE to remove its Equipment from any pole, the rental for such Attachment shall cease upon the date of said removal.

6.2 The Attachment fee for Attachments established pursuant to Article 6 shall be calculated annually, according to FCC guidelines, for cable television systems and telecommunications carriers, as those terms are used in 47 U.S.C. § 224 (See Exhibit B). Attachment fees for entities other than cable television systems and telecommunications carriers will be determined by COMPANY.

6.3 For make ready, pole replacement, and other costs, sales tax will be added to the invoice based on the combined then current Kansas state and local sales tax rate.

Article 7 - Audits 7.1 Periodic Surveys. Periodically COMPANY may survey various areas within its service

territory to determine an actual pole Attachment count of entities attached to its poles. When COMPANY desires to perform a pole Attachment survey, it shall notify each party with Attachments on COMPANY'S poles within the area to be surveyed ninety (90) days prior to the stati ofthe survey. COMPANY shall identify the area to be surveyed, the amount oftime the survey is expected to take and the number of poles for which Attachments are currently identified for A IT ACHEE within that area. Each area surveyed shall be done no more often than once every five years. The cost ofthe survey shall be charged to ATIACHEE based on the number of A TI ACHEE's Attachments on COMPANY's poles in that area as determined through the survey divided by the total number of Attachments of all parties, other than COMPANY, attached to COMPANY's poles in that area.

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7.1.1 Ifthe number of ATTACHEE'S Attachments within the survey exceeds the number of ATTACHEE'S Attachments within the survey area as indicated by COMPANY prior to the commencement of the survey, COMPANY shall invoice ATTACHEE as set forth in Section 3.3. ATTACHEE shall make payment within thirty (30) days ofpresentation ofthe invoice if a net amount is owed by ATTACHEE.

7 .1.2 If as a result of said survey, or if at any other time, COMPANY determines that an Attachment is unauthorized, in addition to the rights enumerated above, COMPANY may deem the Attachment an Unauthorized Attachment and elect the provisions of Section 3.3

7.2 Within thirty days after completion ofthe survey, COMPANY shall provide ATTACHEE with the results of the survey. Such information shall include if available any survey report, consultant contract, system maps identifying ATT ACHEE's pole attachments, and breakdown summary information regarding Joint or Other Users with attachments in the area(s) surveyed, especially any information relating to discrepancies in the number and/or location of ATTACHEE'S attachments to COMPANY'S poles. 7.2.1 To the extent that COMPANY's survey reflects a discrepancy in the number

and/or location of ATTACHEE's attachments, ATTACHEE shall be given a reasonable period of time (maximum of90 days) subsequent to receipt of COMPANY's survey information to review and, if necessary, refute the findings of COMPANY'S survey. COMPANY and ATTACHEE shall work cooperatively together to resolve any reasonable questions raised as to the accuracy of the survey results.

Article 8 -Indemnity and Insurance . 8.1 Indemnification. A TT ACHEE shall defend, indemnify, protect, and hold harmless the

COMPANY and its directors, officers, employees, agents, and representatives from and against any and all loss, costs, claims, demands, damage and/or expense arising out of any demand, claim, suit or judgment for damages to property and injury to or death of persons, including the officers, agents, and employees of either party hereto, including payment made under any Workers' Compensation Law or under any plan for employees' disability and death benefits, which may arise out of or be caused by negligence or other wrongful conduct under this Agreement for: ATTACHEE's, its employee's or agent's wrongful interference with equipment ofthe Other Users, or any act or omission of ATTACHEE, including any claims and demands of customers of COMPANY, or other third parties. If ATTACHEE's liability for property damage and injury to or death of persons is limited by state or federal law, such law shall govern to the extent that is determined to restrict the extent of ATTACHEE's indemnification ofthe COMPANY.

8.2 Indemnification Procedure. COMPANY shall within a reasonable time following discovery of the facts or circumstances giving rise to such claim give notice to A TT ACHEE of any claim, specifying in reasonable detail the factual basis for the claim. The failure by COMPANY to give such notice timely shall not affect the rights of the COMPANY hereunder except to the extent that the A TT ACHEE demonstrates that the defense of such action is prejudiced thereby. With respect to any claim by a third party as to which the COMPANY is entitled to indemnification under this Agreement, the ATTACHEE shall have the right at its own expense to participate in or assume control of the defense of such claim if, after notice from the COMPANY of any such claim for losses, the A IT ACHEE provides to

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the COMPANY notice thereof acknowledging its potential liability to the COMPANY hereunder, and the COMPANY shall cooperate fully with the A TT ACHEE, subject to reimbursement for reasonable out of pocket expenses incurred by the COMPANY as the result of a request by the ATTACHEE. If the ATIACHEE elects to assume control of the defense of any third party claim in accordance with the preceding sentence, the COMPANY shall have the right to participate in the defense of such a claim at its own expense, but the ATIACHEE shall control such defense and any compromise or settlement of such third party claim, including the selection of legal counsel. If the A TI ACHEE shall elect not to undertake such defense, or shall fail to provide notice to COMPANY of its election to undertake such defense in accordance with this Section, or, within a reasonable time after providing such notice to COMPANY, shall fail to defend such claim, the COMPANY shall have the right to undertake the defense, compromise or settlement of such claim, by counsel or other representatives of its own choosing, on behalf of and for the account and risk of the A IT ACHEE, and the ATTACHEE shall pay COMPANY, in addition to the other sums required to be paid hereunder, any reasonable costs and expenses incurred by the COMPANY in connection with such defense, compromise or settlement as and when such costs and expenses are so incurred. Anything in the Section to the contrary notwithstanding, with respect to any third party claim, neither party shall (i) dispose of, compromise or settle any claim or action in a manner that is not reasonable under the circumstances and in good faith, and (ii) make any non-monetary settlement or compromise without the other party's consent, which consent will not be unreasonably withheld.

8.3 Insurance. ATTACHEE shall carry Commercial General Liability, Business Auto, Excess/Umbrella and Workers Compensation insurance or if ATTACHEE is self-insured, evidence of state approval and excess workers compensation insurance coverage must be provided in the amounts specified herein during the term of this Agreement and procured and maintained at its sole cost and expense to protect the parties hereto from and against any .and all above-said claims and demands and from and against any and all actions, judgments, costs, expenses, and liabilities of every name and nature which may arise or result, directly or indirectly from or by reason of the acts or omissions of ATIACHEE hereunder. If A TT ACHEE is an approved self-insurer, any deductible, self-insured retention, or other financial responsibility for claims shall be covered directly by A TT ACHEE in lieu of insurance. Any and all liabilities that would otherwise, in accordance with the provisions ofthis Agreement be covered by ATTACHEE's insurance will be covered as if A IT ACHEE elected not to include a deductible or self-insured retention, or other financial responsibility for claims. 8.3 .1 Commercial General Liability Coverage: The amounts of such insurance or self­

insurance aga.inst liability due to bodily injury to or death of persons, and/or property damage to others shall be not less than $1,000,000 each occurrence with a general aggregate limit of not less than $2,000,000 and products & completed operations limit of not less than $2,000,000.

8.3.2 Excess/Umbrella Coverage: An excess liability or umbrella policy written on a follow form basis shall be procured and maintained providing coverage in excess of the primary commercial general liability, business auto liability and employers liability limits specified in this Agreement written for an amount of not less than $5,000,000.

8.3.3 Business Automobile Liability Coverage: The amount of such insurance or self­insurance for automobile coverage shall be not less than $1,000,000 for Bodily Injury and Property Damage Combined Single Limit Each Occurrence.

Page 12 of23

Automobile liability insurance shall include coverage for liability arising out of any auto including all owned, hired and non-owned automobiles, and such insurance shall provide coverage not less than that of a Commercial Business Automobile Liability policy.

8.3.4 Workers Compensation Insurance Coverage: ATIACHEE shall also carry workers compensation insurance or self-insurance including excess workers compensation coverage as will fully protect both it and COMPANY from any and all Workers' Compensation claims providing statutory coverage under the laws in the state affected by this Agreement that may be applicable by reason of the acts of ATIACHEE, its employees or independent contractors. The workers compensation policy shall also include Employer's Liability coverage with limits of at least $500,000 each accident, $500,000 disease policy limit and $500,000 each employee.

8.3.5 Governmental Entity Limitation: If ATTACHEE's liability for bodily injury to or death of persons and/or property damage is limited by state or federal laws, such law shall govern to the full extent that is determined to restrict the amount of general liability insurance required in this provision 8.2.

8.4 COMPANY Approval of Insurance. The company or companies issuing such insurance, or the administration of self-insurance if applicable, shall be approved by COMPANY, which approval shall not be unreasonably withheld. All insurance policies shall be written with a reputable insurance company with a current A.M. Best Rating of A- or better and authorized to do business in the state in which the operations are to be provided. A TI ACHEE shall name COMPANY as an additional insured in each of such policies, except for workers compensation, and A TI ACHEE shall waive all rights of subrogation and its insurers shall also waive all rights of subrogation damages against Company its agents, directors, officers and employees. Joint Users or Other Users shall also be named as an additional insured in each of such policies ifthey so request. ATIACHEE shall submit to COMPANY certificates of such insurance from each such company on a standard Acord certificate of insurance or its equivalent if self-insured, in form reasonably satisfactory to COMPANY. A TI ACHEE shall request and obtain an endorsement fi·om such insurers that they will not cancel or make any material change to said policy of insurance that would adversely affect coverage available to COMPANY, except after thirty (30) days notice in writing to COMPANY. Copy of said endorsement providing thirty days notice of cancellation shall be attached to Acord certificate of insurance. ATIACHEE and COMPANY shall promptly notify the other party in writing of all claims of the type described in this Article 8 unless same are clearly not applicable to operations under this Agreement. Copies of all accident or other reports made to any insurer by ATIACHEE or COMPANY shall be furnished to the other party, unless same are clearly not applicable to operations under this Agreement.

8.5 Damage. Each party shall exercise reasonable care to avoid damage to facilities of the other and of Joint or Other Users and shall make an immediate report to the other party of the occurrence of any such damage. The fact that insurance (including, without limitation, self­insurance) is obtained by ATIACHEE shall not be deemed to release or diminish the liability of A TI ACHEE including, without limitation, liability under the indemnity provisions of this Agreement.

Article 9 - Other Provisions 9. The following provisions shall apply generally to the terms of this Agreement.

Page 13 of23

9.1 Assignment. A IT ACHEE shall not assign, transfer, or sublet this Agreement or any of its rights or licenses hereunder without the prior written consent of COMPANY and assignee's compliance prior to assignment with the requirements set forth in Articles 5, 8 and 9.12. Such written consent shall not be unreasonably withheld. If A IT ACHEE assigns a portion of the assets located within the area identified in Exhibit A, then assignee shall be required to execute a new pole attachment agreement for the poles assigned to assignee. Until such new agreement is executed, A IT ACHEE shall remain liable for all costs and charges associated with the assets assigned. Occupancy fees paid by A IT ACHEE prior to the date a new agreement is executed with assignee shall carry over to the benefit of assignee upon the execution of a new agreement between COMPANY and assignee.

9.2 Bankruptcy. If A IT ACHEE shall make an assignment for the benefit of creditors or shall be declared bankrupt by any court of competent jurisdiction or shall be in fact insolvent, COMPANY shall have the right to terminate this Agreement upon thirty (30) days notice in writing.

9.3 No Vested Ownership. No use, however extended, ofCOMPANYpoles under this Agreement shall create or vest in A IT ACHEE any ownership or property right in said poles. Nothing herein contained shall be construed to compel COMPANY to maintain any of its poles for a period longer than that determined by COMPANY.

9.4 Non-Exclusivity. Nothing herein contained shall be construed as affecting or limiting the rights or privileges heretofore or hereafter granted by COMPANY to others by contract or otherwise, to use COMPANY poles.

9.5 General Waiver. Failure by either party to enforce compliance with any of the provisions of this Agreement shall not constitute a general waiver or relinquishment of any such provisions or of the right of either party thereafter to enforce the same.

9.6 Payment of Fees. All amounts payable by A IT ACHEE to COMPANY under the provisions of this Agreement shall, unless otherwise specified, be payable within thirty (30) days after billing. Failure to pay within thirty (30) days will result in application of interest at the rate of 1.5% per month simple interest from the due date. Nonpayment of any such amounts when due shall constitute a default under this Agreement. If it becomes necessary for COMPANY to refer the matter of nonpayment of fees by A IT ACHEE to a collection agency and/or attorney, A IT ACHEE shall be responsible for reimbursement to COMPANY for any and all reasonable fees related to such collection effmis, including reasonable attorney's fees, to the extent COMPANY is successful in its collection efforts.

9.7 Contacting Parties. Any notice provided in this Agreement to be given by either party hereto to the other, shall be in writing and shall be delivered by United States Certified Mail, postage prepaid, addressed as follows or to such other person and address as the party may designate in writing.

Page 14 of23

TO COMPANY: Westar Energy, Inc. 818 Kansas A venue Topeka, Kansas 66612 Attention: Power Delivery Operations Support

TOATTACHEE: ________________ __

Attention: --------Ph. ______________ __

9.8 Jurisdiction and Venue; Waiver of Jury. Any and all suits for any breach of this Agreement or the rescission or specific performance of this Agreement shall be filed and maintained in any court of competent jurisdiction in Topeka, Kansas. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Kansas, without regard to choice of law provisions. It is hereby agreed that the parties waive their right to a jury trial in any litigation resulting from said Agreement.

9.9 Nondiscrimination. ATTACHEE agrees that during the performance of any work required under this Agreement, it will not discriminate against any employee or applicant for employment or in the work place because ofrace, color, religion, sex, sexual orientation, gender identity, national origin, age, handicap, disabled veterans or Vietnam era veteran status. A TT ACHEE agrees that it will comply with all applicable provisions of federal and state laws and rules and regulations prohibiting such discrimination, including but not limited to Executive Order No. 11246, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, applicable rules and regulations, and any amendments thereto, herein incorporated by reference. A TTACHEE agrees that it will comply with all applicable provisions of the Vietnam Veterans Readjustment Act of 1974 and, if applicable, shall take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, as provided by said act, applicable rules and regulations, and any amendments thereto. ATTACHEE agrees, if required by applicable law, that it will use best efforts to provide the maximum practicable opportunity for Small Business, Small Disadvantaged Business, Woman-owned Small Business, Historically Underutilized Business Zone Small Business, Veteran-owned Small Business or Service-disabled Veteran­owned Small Business to be utilized for subcontractor work or to provide supplies in conjunction with work performed under this Agreement. ·

9.10 Employee Rights. A TT ACHEE agrees that it will comply with any and all applicable provisions of29 C.P.R. part 470, issued pursuant to Executive Order 13201 of February 17, 2001, which requires notice of employee rights concerning payment of union dues or fees. A TT ACHEE agrees that it will comply with any and all applicable provisions of 29 C.F .R. part 471, Appendix A to Subpart A, issued pursuant to Executive Order 13496 of January 30, 2009, concerning posting ofthe required notice informing employees of their rights as employees under Federal labor laws.

Page 15 of23

9.11 Good Faith Negotiation. The parties acknowledge that the terms and conditions set forth in this Agreement were agreed to voluntarily after extensive good faith negotiations at arm's length and contain concessions, valuable consideration, benefits and burdens for and from both parties.

9.12 Service Fee. In any instance in which ATTACHEE is required to perform work under this Agreement but fails to perform such work within the time period required by this Agreement, COMPANY may, at its option and without liability therefor, perform such work, and A TT ACHEE shall reimburse COMPANY for the cost of such work, plus a service fee in the amount of 50% of the cost of such work. This remedy shall be in addition to whatever other remedies COMPANY may have under this Agreement or at law or equity.

Article 10 - Term and Termination of Agreement and Previous Agreements 10.1 Term. This Agreement shall be effective on the date first above written and shall continue

until the end of the fifth calendar year after the date of execution of this Agreement, and continue to be automatically renewed each year thereafter until terminated by either party in accordance with the provisions herein by either pmty giving to the other party at least sixty ( 60) days written notice, and upon termination hereof A TT ACHEE shall remove all of its Equipment from COMPANY poles within six months thereafter. 1 0.1.1 Agreement Modification and Amendment. This agreement may be modified or

amended, upon proposal by either party, by written agreement of both parties. 1 0.1.2 Prior Licenses. Licenses for Attachments granted pursuant to earlier pole

attachment agreements between the parties shall be deemed Licenses granted under this Agreement. Nothing in this provision supersedes, alters, or changes any other provision of this Agreement.

10.2 Consent to Assignment. This Agreement is assignable by the COMPANY and may be transferred, by assignment or by operation of law, without restriction or limitation. This Agreement will automatically be transferred and assigned to any person or entity succeeding to all or substantially all of the electric business assets of the Company. Alternatively, at the Company's election, this Agreement may be assigned to a subsidiary or affiliate of the Company which provides financial, legal, human resources, information, facilities, or other services on a shared services basis to the Company and/or any of its affiliates or subsidiaries. Upon any such assignment and the assumption by the assignee of the obligations hereunder, or upon any transfer of this Agreement by operation of law, the Company shall be released from all obligations assumed by such assignee or transferee.

10.3 No Sub-Licensing. A TT ACHEE shall not sub-license to a third party COMPANY's Facilities or Attachments. This section shall not prohibit A TT ACHEE's lawful lease of capacity to third parties.

10.4 Failure to Comply. If ATTACHEE shall fail to comply with any ofthe material provisions ofthis Agreement except for the payment of money, and shall fail within sixty (60) days after written notice from COMPANY to correct such noncompliance, COMPANY may, at its option, forthwith terminate this Agreement or each license covering such poles as to which such noncompliance may have occurred.

Page 16 of23

1 0.4.1

10.4.2

1 0.4.3

However, if A TI ACHEE is making good faith efforts to correct any such noncompliance in a timely fashion, A TI ACHEE shall have such additional time as agreed between the parties to correct such matters. If A TI ACHEE fails to make good faith efforts to correct any such compliance in a timely fashion, A TI ACHEE shall within sixty (60) days after receipt of any termination notice remove its Equipment from the poles specified by COMPANY. If AITACHEE shall fail to make any payment of money due hereunder within sixty ( 60) days of its due date, COMPANY shall have the right to terminate this Agreement forthwith and upon such termination ATTACHEE shall have six (6) months within which to remove its Equipment. Notwithstanding the preceding sentence, if ATIACHEE has made good faith objection to the amount due and payable to COMPANY, COMPANY may not terminate this Agreement so long as A IT ACHEE has paid all amounts not in dispute and so long as A IT ACHEE is working in good faith to resolve the dispute. This provision shall not limit the right of COMPANY to remove or cause removal of any Equipment of A IT ACHEE from COMPANY poles, or the right of COMPANY to remove any of its poles, under, but without limitation to, the provisions of Article 4.5, 4.6, and 4.10 ofthis Agreement.

[SIGNATURE PAGE FOLLOWS]

Page 17 of23

In witness whereof, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written.

By: __________ _

Signature

Date:-------------

Name

Title

WESTAR ENERGY, INC.

By: ______________________ _

Signature D~e: ___________ __

Sandra Zordel Director, Support Services

Approved for Insurance:

By: ____________________ __

Signature D~e: ___________ _

Missy Behymer Support Services Operations Analyst- Joint Use

Page 18 of23

EXIITBIT A

Approved Areas for Attachment: Each municipality and county within the State of Kansas in which Company owns poles.

n.t~_.,., • ...._.,.., a~t w.,,. ... , .. ,,. •w•.C • lll:cao•, ., .. uy .,.. ... ~-"~ w.-..•c,.,.-,, "'~ ,..,.,_, ••'u.c•••,.•- puc ............ oe "uo..\11;••·~·= ~"+••••••••••4"' ~, .. ,_,..,;,..,,.,.,...._1..,."" N:l'f•"-• _1',.( !llf .,.. n ,..._,. c ... ~.·u_, ~-..... --'-... ifl:II.IICI'"'te.,_"llc.:t""C"IIIIII('O: .... ~ • . 'nl•tllh"""- 'lft'I".O W ,..t lt1,.~4~o;ll'., 11111 .;lJtll!:o-~rl,.l-=nfhl)( II.On'ct -n. I•C.-11·"'- •IIIII'W*t""'W II' ~-ltoo•l'*~ _. ... , to• ....... ICffC~;t,U. Jlj'llli• r.T ..,., .... .., ... ,,lotl!l ••whl\"1' ... -taJ :oe.t.ICI'I~<,IJ,I. ('-IC~JG..S.I,TC)MIIII't n.....t.r» ..... 1'$8\l .. '-•lt11'11l11f'I1I ... CI&'-\t"I•C~IIO:II .... Oo!IW .. t ..... 'l:• .......... Uir.ll'ltN~ ""(W~IItr.ot=-1·.,_ l"ll'if'QI II\,.,,._,.,.,..,., Wnl .. rli .. >sJ, II\C. 11111 Ullllilltiii'/11·-~U , .. ICI .. I "' IOIItfC'·I · ·~~"~• '~-'•"*Q1'1C.,..~UII:'\I-1Dft"*n•uta.--IUII _. -"'"fM:W,t...,. lila ll'l•trliiiUWIN ":'s"' U. ~SCII'CT· WH '' ,.;11'•Mifli'fiMIIIO u-lldc-lliJ" 1.•11•1 ... . Ya. .... ,l'lllo*'t.tor t.,. I'W;II'-~1111"11 ltOiho~ .. ll Wlel"t .. IO:J"'OO . , ... .,, • .-... ~~ ... ~t<l. ... lll•,.c--•.-sot~~V.Qf;,,..~t- fre- ~'1\ .. Ut;,..,y.ltW • .\tii!Ol'lblo,.. .. ,.,..ll -

Think Safety

Page 19 of23

EXHIBITB

Attachment Fees

The Attachment fees for attachments established pursuant to Article 6 are FCC regulated. The annual rental will be assessed on a per attachment basis, regardless of the number of Attachments on each pole.

Page 20 of23

Exhibit C

}~~tar Energy .. WESTAR ENERGY or KG&E POLE ATTACHMENT APPLICATION

In aocordance with the term and conditions of the agreemenl between WESTAR ENERGY Inc, and

---===-----('Atlachee•) oo'lering attachments in or nesrtl><> City & County of __ _,===----~~,...,. C:ti&~

;;""';;;-.;;;;,_.....,=;;:.;;;;;'i:,._...,;;;.;;.,;;....,=,.:;----.-------.------. -----------~application Is ~made for atlac:hments oflhe undersigned Allaohee's equipment.

THE ATTACHEE AGREES NOT TO ATTACH TO OWNERS JOINT OR SOLE OWNED POLES UNTIL MAKE-READY WORK IS COMPLETED BY ALL PARTIES. Application Type: {circle one) Cablefflber Overlash Wireless Anienna Pole Top Antenna Other

lfwnl>er of Cables to be inst;llled:. __ . Conduc.torJCable Diameter: (Q>:;)__ Conduclol'ICable Weight: {~ __ (Deslgfl)l4~ssenger and ~abl.• Tension:__ An.lenna" Specify Atfacl!ment Trpe & Model# __ Equipment Ground Space Required__ Mounlin!J Height __

Section 1: Attaching Information Number of poles to be evalueti!d: ___ (Aituh map, 1·= 200' or higher, clearly showing n>Uie and typa of equipment being Installed)

)l=~ftrr-"(1=·:--~~ Construction Date:

All:-acllee=:-T:;:ce:-:o~hn::;-lo=-=a711"'n"fo-::rma=tion=c"'o=-=n7ta..:.ct:---- Al!aciH!e B~ling Contact Name: Address: City, State, Zip: Phone: Email:

Seotlon 2: We star Energy Inc. Pole Evaluation To be oompleted by Operations Analyst: Date received: ~ ______ ,Location: _____ RA: ___ Tracking No:----

Application does not require load analysis OR

Application requires load analysis: ~---------

Attachment agreement Yes or No D~te submitted for pole evaluation: Engineering Firm:---------Date received pole evaluation packet Date pole evaluation packet forwarded to ~

Eacb .... ~.HriD&.lead,~tu!fy:sl!di ·be approved and st•mped b~ 1 professional Eagiaeer, ticeued by the Kllu .. Board i>fTocbakal Profnsiow •• ·rtqlilred by KSA 7-t-7001 iu1il 74-7021

Section 3: Make ~eady ~hereby granted to make the s.ttscl!ments specifl<!d in Sl!ctlon 1 subject to the terms and oondilions sel forth in the pole attachment agreement ~shalf be re5ponsible for oosls to accommodate the above specified attachments. A msk.e ready letter will be provided with estimated costs, the ~will sign the letter and return to Wester Energy wnhln ·to days. Once payment has been received by Wesler Energy, the make ready will be scheduled.

Section 4: Attachment Completion (Attachee) Number of new attachments added by th.is license: ___ (Attach map shoYiing looatioos of p~ 1'1ith added attachments 1'1ithin go day•)

By: ..,,_ Date:-------

Section 5: Post Inspection Required: Yes or No Engineering Firm ------'Date:. ____ _

PlEASE MAIL COMPLETED FORM TO Westar Energy Operations Ariaiyst C/O MISSY BEHYMER. 818 KANSAS 4"' FLOOR, TOPEKA; KANSAS, 66691...8800 or email to mlssy.behymer@Westarenergv.com

Application Approved by (Westar)

Sign:----------- Dele: ____________ _

Section G: GIS (Westar)

Date entered In GIS:------- fil¥;___ NJUNS TICKET# _______ Date:. ___ _

Fonn No. S1&A·7.1

Page 21 of23

ExhibitD

"QUALIFIED EMPLOYEE (QUALIFIED PERSON)" UNDER OSHA

Regulations (Standards - 29 CFR) Telecommunications.- 1910.268

Ref: http://www.gpo.gov/fdsys/pkg/CFR-2013-title29-vol5/xml/CFR-2013-title29-vol5-sec1910-268.xml

Page 22 of23

EXHIBITE

WESTAR ENERGY JOB BRIEFING LESSON PLAN

WEST AR ENERGY MOUNTED EQUIP:MENT LESSON PLAN

WEST AR ENERGY JOB SITE PROTECTION LESSON PLAN

WESTAR ENERGY PPE LESSON PLAN

Page 23 of23

TO:

FROM:

DATE:

RE:

Shawnee County J

Department of Corrections 501 S.E. 8th Street - Topeka, Kansas 66607

Brian W. Cole, Director

Adult Detention Facility- 501 SE 8th- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4924 Youth Detention Facility- 401 SE 8th- Topeka, Kansas 66607- (785) 233-6459- FAX (785) 291-4963 Corrections Annex- 818 SEAdams- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4930

Board of County Commissioners

Brian W. Cole, Director lr---

June 1, 2017

Request to Post and Fill One Vacant Account Clerk III Position

I am requesting to post and fill one Account Clerk II position, DF1254, for the Records Department in the Adult Detention Center. The annual salary, including benefits of the Account Clerk II position is $41,452.36. The Account Clerk II is responsible for the accounting, bonding and commissary functions of the Accounting division. This position became vacant May 30, 2017 due to the resignation of the person holding the position.

I am requesting permission to post the position for filling as defined in the Shawnee County Human Resource Manual and the Teamsters Master Agreement. Thank you for your consideration of this request, and I will be happy to answer any questions you may have.

BC:sr

cc: Betty Greiner, Director of Administrative Services James Crowl, Director of Human Resources Evelyn Kendall, Deputy Director Stephanie Rahn, Personnel Division Manager File