BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, JULY 6, 2017… · 06-07-2017 · Consider authorization and execution of Contract C224-2017 with SMG, amending Contracts C254-2006

I.

II.

III.

BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, JULY 6, 2017,9:00 AM

COMMISSION CHAMBERS, ROOM B-11 PROCLAMATIONS/PRESENTATIONS

UNFINISHED BUSINESS

CONSENT AGENDA

1. Consider approval of payment of final expenses in an amount of$350.00 for Jeffery HuntingtonCoroner.

2. Consider approval of letters of support for 3 City of Topeka Transportation Enhancement Grants for Quincy Elementary Safe Routes to Schools, for the Pedestrian Plan Project, and Phase III of the Topeka Bikeways Master Plan-Parks + Recreation.

3. Acknowledge receipt of an agenda for the Monday, July I Oth Shawnee County Planning Commission and minutes of the April I Oth, 20 I7 meeting-Planning.

4. Acknowledge receipt of Summons for Case No. 20 I7CV000345-Wells Fargo Bank, NA vs. Board of County Commissioners of Shawnee County, Kansas, et al.-County Clerk.

5. Consider approval of a scholarship application for the Local Emergency Planning Committee Chairperson, Steve Christenberry, to attend a conference with a cost to the County of$25.00-Emergency Management.

6. Acknowledge receipt of the legal advertising rate for The Topeka Metro News effective July I, 20 17-County Clerk.

7. Acknowledge receipt of the legal advertising rate for The Topeka Capital Journal effective July I, 20I7-County Clerk.

8. Acknowledge receipt of the 2018 Benefit Cost Unemployment Rate Notice from the Kansas Dept. of Labor showing a rate of .18 percent for 20 I8-Human Resources.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

I. Consider all voucher payments.

2. Consider correction orders.

B. EXTENSION OFFICE - Cindy Evans

1. Presentation of the 20 I8 budget request.

C. DISTRICT COURT - Charles Hydovitz

1. Consider approval of request to purchase a new vehicle for Court Services from the FY 20 I7 budget.

D. CORONER- Dr. Glenn

1. Consider approval of Resolution No. 2017-36 appointing Dr. Alan Martinez to serve as the Deputy District Coroner for the Third Judicial District.

"·

E. PARKS+ RECREATION-John Knight

I. Consider approval of request to solicit a Request for Priced Proposal (RFPP) for overhead netting at the Bettis Family Sports Complex.

2. Consider authorization and execution of Contract C219-2017 with Em con for a revised scope of services for the Lake Shawnee spillway repair and maintenance at a cost of$200,061.71 and authorization and execution of Contract C220-2017 amending Contract C300-2015 with Professional Engineering Consultants to include additional construction administration and inspection services for the duration of the spillway project at an estimated cost of $20,950.00 with funding from Certificate of Participation.

3. Consider approval of request to create and fill four new Park Maintenance Technicians at an annual salary, including benefits, of $46,766.83 and to fill any subsequent position that become vacant as a result of filling these positions.

F. FACILITIES MAINTENANCE-Bill Kroll

I. Consider approval of request to solicit proposals to select a design/build team for renovations/replacement of the heating, ventilating and air condition systems (HVAC) at the Shawnee County North Annex.

G. CORRECTIONS -Brian Cole

I. Consider authorization and execution of Contract C221-2017 with language Line Services, Inc. to update the current language interpretation services and add remote video interpretation services with per minute costs for Spanish translation via telephone at $1.85, all other languages at $1.95, and video translation via American Sign Language at $2.95.

H. COUNSELOR-Jim Crowl

I. Consider authorization and execution of Contract C222-2017 with Westlaw for online legal research access, for a period of 3 6 months, at a cost of $1 ,248.15 per month to be paid by funds from the Counselor Office (50%), the Sheriff's Office (33%) and Department of Corrections (17%).

2. Consider authorization and execution of Contract C223-2017 with Westlaw Thomson Reuters for West Complete printed materials at a cost of$19.03 per month for 3 years.

3. Consider authorization and execution of Contract C224-2017 with SMG, amending Contracts C254-2006 and C246-2012, regarding the term of the current SMG management agreement by moving the termination date from December 31, 2017 to August 31, 2017.

4. Consider authorization and execution of Contract C225-2017 with Spectra for management of the Kansas Expocentre, commencing on September l, 2017 and expiring on December 31, 2022.

I. COMMISSION

I. Consider approval of Resolution No. 2017-37 establishing salaries for all Department Heads.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

Shawnee County Coroner Charles Glenn, M.D.

MEMORANDUM

320 S. Kansas Avenue, Suite 400 Topeka, KS 66603-3644

785-251-2350 phone 785-251-2380 fax

coronermail@snco. us

TO: Board of Shawnee County Commissioners

FROM: Charles F. K. Glenn, Shawnee County Coroner

DATE: June 28, 2017

RE: Request to Authorize Payment of Final Expenses for Jeffery Huntington

Please add this item on the Thursday July 6, 2017 Commission consent agenda.

The Shawnee County Coroner's Office has an unclaimed body requiring disposition at this time. The decedent Jeffery Huntington (DOB: 10/2011953, DOD: 04/07/2017) was found deceased in his home on April 7, 2017. Contact with family was made and documents were signed that states the family is unwilling and/or unable to make final arrangements.

Our cost for cremation through Penwell-Gabel Midtown Chapel/Shared Mortuary Services is $350.00. Pursuant to K.S.A. 22a-215, if a body is unclaimed, the state or county officer responsible for the final disposition of the deceased person may authorize and order the cremation or burial of the deceased person. In the case that no assets are found with the body, or if such assets are not sufficient to cover the costs of disposition of the body, burial expenses are to be paid from the County general fund.

This request for final expenses is for the full $350.00 cost.

APPROVAL OF THIS CONSENT ITEM WOULD DO THE FOLLOWING:

1. AUTHORIZE PAYMENT IN THE AMOUNT OF THREE HUNDRED FIFTY AND N0/100 DOLLARS ($350.00) TO BE DISBURSED FROM THE COUNTY'S GENERAL FUND TO PAY FOR THE FINAL DISPOSITION AND TRANSPORTATION EXPENSES OF JEFFERY HUNTINGTON.

If you have any questions, please contact me.

Dr. Charles Glenn Shawnee County Coroner's Office

Shawnee I ~ounty '', r,; P.arKs+ ~ recreation

June 29, 2017

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Director ~ ' Parks +Recreation ~ Letters of Support

Purpose: Board of Commissioners acknowledgement is requested to show their support for three (3) City of Topeka Transportation Enhancement (TE) Grants.

Justification: Letters of support from associated agencies and governing bodies improves an applicant's overall chances of being awarded a grant. These grants consist of: Phase III of the Topeka Bikeways Master Plan; Quincy Elementary Safe Routes to School; and the Pedestrian Plan Project.

The City of Topeka has provided a letter of support to Shawnee County Parks + Recreation for Shawnee County's TE grant application to extend the existing Deer Creek Tails from SE lOth St to Domwood Park.

These letters of support are mutually beneficial to the City of Topeka, Shawnee County and the citizens of Shawnee County in our pursuits for these highly competitive TE grants.

JEK/lrk TB

parks.snco.us

'31l'l'!O:ilP- c,:·WJtj Pz,rko., + j;',o.,·r·-;Jl-{r'). 3137 SE 29th Street. Topeka, KS 66605. (785) 251-2600

July 6, 2017

Mr. Doug Gerber, Interim City Manager City Manager's Office 215 SEth Street Topeka, KS 66603

Shawnee County Board of Commissioners

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

RE: Letter of Support for Quincy Elementary Safe Routes to Schools

Dear Mr. Gerber,

On behalf of Shawnee County, I am writing in support of an expanded area for the Safe Routes to School Program for Quincy Elementary. We believe our children should not only be safe in school, but also while traveling to and from school. Making spaces and creating improvements towards that goal is a shared vision by the greater Topeka community, which is why we urge the Department of Transportation to approve this application for the Transportation Alternatives Grant.

Specifically, this funding would allow for the necessary modifications to allow children to walk and bike safely to and from school, along with increasing the amount of physical activity children receive during the day. The added benefit to this project is it facilitates a safe route to not only to Quincy Elementary but also to Garfield Park located adjacent to the school.

When routes are secure and safe, walking and/or biking to school becomes more enjoyable and routine, which will positively impact the health and well-being for students and their families.

Please consider funding this important project for the City of Topeka.

Respectfully,

Robert E. Archer, Chair Board of County Commissioners

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

July 6, 2017

Mr. Doug Gerber, Interim City Manager City Manager's Office 215 SE ih Street Topeka, KS 66603

RE: Letter of Support for Pedestrian Plan Project

Dear Mr. Gerber,



The Pedestrian Plan is ambitious. In order to achieve the goals set forth in the plan, the City will need to leverage funding from a variety of sources. As such, Shawnee County recognizes the importance of creating this network and seeks to find viable, sustainable solutions in further investing and securing this long-term community asset. It is for this reason we support the City of Topeka's application for the 2017 Kansas Department of Transportation's - Transportation Altemati ves Grant.

Phase III will continue the work of previous phases in enhancing mobile accessibility and moving Topeka further along in its shared goal of increasing bicycling participation for both transportation and leisure purposes. This phase will further build on serving the diverse needs of Topekans, as it constructs and modifies facilities to complete streets standards, emphasizing a commitment to a vibrant, healthier, and safer community. Specifically, this project will enhance access to Betty Philips Park and Betty Dunn Park. Providing better pedestrian connectivity benefits county/city parks and advances recreational opportunities for the citizens of Topeka and Shawnee County.

Shawnee County is pleased to support this application, underlining the plan's integral role in improving Topeka and Shawnee County's overall quality oflife.

Respectfully,


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

July 6, 2017

Mr. Doug Gerber, Interim City Manager City Manager's Office 215 SE 71

h Street Topeka, KS 66603



RE: Letter of Support for Phase III of the Topeka Bikeways Master Plan

Dear Mr. Gerber,

On behalf of Shawnee County, I am writing in support of a portion of Phase III of the Topeka Bikeways Master Plan. The primary purpose of the Bikeways Master Plan is to connect Topeka's and Shawnee County citizens across a network of facilities in a safe, pleasant, and comfortable manner. The main project will transform gth Avenue from Clay to Van Buren into an "ideal" design as demonstrated in the Bikeways Plan.

The improvement and creation of bikeways is an integral component in increasing connections to key community destinations such as businesses, schools, hospitals, parks, libraries and other neighborhoods. The Topeka Bikeways Plan is ambitious. In order to achieve the goals set forth in the plan, the City will need to leverage funding from a variety of sources. As such, Shawnee County recognizes the importance of creating this network and seeks to find viable, sustainable solutions in further investing and securing this long-term community asset. It is for this reason we support the City of Topeka's application for the 2017 Kansas Department of Transportation's - Transportation Alternatives Grant.

Phase III will continue the work of previous phases in enhancing mobile accessibility and moving Topeka further along in its shared goal of increasing bicycling participation for both transportation and leisure purposes. This phase will further build on serving the diverse needs of Topekans and citizens of Shawnee County, as it constructs and modifies facilities to complete streets standards, emphasizing a commitment to a vibrant, healthier and safer community.

Specifically, this project will provide a better safer way for the users to access parks in Topeka.

Shawnee County is pleased to support this application, underlining the plan's integral role in improving Topeka and Shawnee County's overall quality of life.

Respectfully,


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

SHAWNEE COUNTY PLANNING COMMISSION

General Information:

AGENDA

Monday, July 10, 2017 6:00 P.M.

Shawnee County Annex 1515 NW Saline Street

First Floor Conference Room Topeka, Kansas 66618

• The Shawnee County Planning Commission holds a public hearing on the second Monday of each month to consider certain zoning, conditional use permit, subdivision, and other related proposals as may be required by laws of the state or county.

• The following agenda identifies and describes each proposal to· be considered by the Commission.

• Please refer to the attached Hearing Procedure governing the rules of conduct and the manner in which individual items will be heard.

• Unless continued, all zoning and conditional use permit matters on this agenda will be considered by the Shawnee County Commission on Monday, July 31, 2017, at 9:00a.m. in the Shawnee County Courthouse, Room B-11, Topeka, Kansas.

THE NEXT PUBLIC HEARING IS SCHEDULED FOR

Monday,August14,2017

Members Of The

Planning Commission

Pat Tryon, Chairperson

Jerry Desch, Vice-Chairperson

Brian Aubert

Brian Jacques

Matthew McCurry

Christi McKenzie

Judy Moler

Planning Department Staff

Barry T. Beagle, AICP, Planning Director

Anna M. Ortega, Zoning Administrator

Joelee A. Charles, Administrative Assistant

Shawnee County Planning Commission

AGENDA

Monday, July 10, 2017

A. Call to Order and Announcement of Hearing Procedure

B. Roll Call and Declaration of a Quorum

C. Approval of Minutes for the April10, 2017, Public Hearing

D. Communications

E. Ex parte Communications by Members of the Commission

F. Declaration of Conflict of Interest by Members of the Commission or Staff

G. Zoning and Subdivision Items

1. CU17/05 by Ronald & Marie Sanders (David & Renee Stevens, Purchasers) seeking a Conditional Use Permit to establish an Animal Boarding Facility on property zoned "RR-1" Residential Reserve District and located approximately 620-feet north of SW 61 5t Street on the west side of SW Wanamaker Road in Mission Township.

2. SP81/01A by Cole Family Trust seeking to amend the Special Use Permit to replace an existing 280-foot guyed tower with a 290-foot self-supporting tower on property zoned "RA-1" Rural Agriculture District and located at 8320 SW 85th Street in Auburn Township.

H. Public Comment on Non-Agenda Planning and Zoning Items

I. Discussion of Planning Related Issues

J. Adjournment

Hearing Procedure

Welcome! Your attendance and participation in tonight's hearing is important and ensures a comprehensive scope of review. It is because of the significance of this proceeding that everyone understands the hearing procedure.

Each item appearing on the agenda will be considered by the Shawnee County Planning Commission in the following manner:

1. The Planning Department staff will introduce each agenda item and present the staff report and recommendation. Commission members will then have an opportunity to ask questions of staff.

2. Chairperson will then call for presentation by applicant followed by questions from the Commission.

3. Chairperson will then call for public comments in the following order: o Comments of those speaking in favor o Comments of those speaking in opposition

Each speaker must come to the podium and state your name and address for the record. The Chairperson reserves the right to establish a time limit for all speakers to afford everyone the opportunity to speak and in consideration of other items appearing on the agenda. At the conclusion of each speaker's comments, the Commission will have the opportunity to ask questions. The applicant will be given the opportunity for rebuttal and make concluding comments. The Chairperson reserves the right to allow additional testimony from proponents and opponents after all initial comments are made.

4. Chairperson will close the public hearing at which time no further public comments will be received. Commission members may then discuss the proposal and ask further questions of staff.

5. Chairperson will then call for a motion on the item, which may be cast in the affirmative or negative. Upon a second to the motion, the Chairperson will call for a roll call vote in which Commission members will then vote yes, no or abstain.

Each item appearing on the agenda represents a potential change in the manner in which land may be used or developed. Significant to this process is public comment, which affords the Commission with information essential for making a determination. Your cooperation and attention to the above noted hearing procedure will ensure an orderly meeting and afford an opportunity for all to participate. Please Be Respectful! Each person's testimony is important regardless of his or her position. All questions and comments shall be directed to the Chairperson from the podium and not to the applicant, staff or audience.

MINUTES OF THE SHAWNEE COUNTY PLANNING COMMISSION

Monda~April10,2017 Shawnee County Annex

6:00PM

Roll Call and Announcement of Hearing Procedure: Pat Tryon, Chair, called the meeting to order at 6:00p.m. and asked for roll call to be taken.

Members Present: Pat Tryon, Christi McKenzie, Brian Jacques, Jerry Desch, Judy Moler, Matthew McCurry and Brian Aubert. With seven members present, a quorum was established and the meeting was called to order.

Staff Present: Barry T. Beagle, Planning Director and Joelee Charles, Administrative Assistant. Mr. Brzon, County Counselor, introduced the new County Counselor, Joni Thadani.

Approval of March 13, 2017, Public Hearing Minutes: Ms. Moler moved to approve the March 13, 2017, Public Hearing minutes, seconded by Mr. Jacques, and with a unanimous voice vote, the minutes were approved. Mr. Beagle stated the March 13th Board of Zoning Appeals minutes that were included in the packet would be approved at a future meeting.

Communications: Mr. Beagle provided them a copy of an email he received from the applicants, David and Renee Stevens, of Item G3. They have chosen to withdraw their request.

Ex Parte Communication by Members of the Commission: Mr. Jacques spoke with Matt Bergmann who represents the Thomas family about the issues related to the gas substation. Mr. Bergmann said the Thomas family had no objections. The representatives from Kansas Gas would be present at the meeting. He would address any additional issues if needed.

Declaration of Conflict of Interest by Members of the Commission or Staff: There were no declarations of conflict of interest by commission members or staff.

Zoning and Subdivision Items:

1. CU17/03 by Nancy L. Thomas Trust seeking a Conditional Use Permit to establish a public utility facility (Kansas Gas Service Town Border Station) on property zoned "RA-1" Rural Agriculture District and located immediately west of 10624 NW Parr Rd in Silver Lake Township.

Mr. Beagle said the request was initiated on behalf of Kansas Gas Service in order to establish a public utility facility (town border station) on a 50' square parcel located west of 10624 NW Parr Road. This item was continued from the March 13th meeting so Kansas Gas could respond to concerns raised at the meeting. He had not received any additional information and his recommendation given at the March 13th meeting remained the same.

With no questions for Mr. Beagle, Mr. Tryon asked if the applicant had a presentation.

Derek Ackerman, Engineering Mgr.-Kansas Gas Service, 8551 N. 44th St. E., Valley Center, KS 67147. • An easement was presented to relocate a town border station from the south side of Parr Road to

the north side in conjunction with a current pipeline project.

Mr. Beagle stated there was concern about an odor coming from the existing station. Mr. Ackerman said an odor was added to the gas in order to detect leaks. The current station had one regulator. The new one would have three regulators. Gas was released if the regulator failed. A temporary odor riser had been added and maybe it had caused the odor. Under normal operations, there should be no odor. If there was concern about a leak, they should be contacted so they can check it and make repairs.

Page 1 of 7


Monda~April10,2017

Mr. Tryon asked what would happen to the old station. Mr. Ackerman said it would be removed.

Ms. McKenzie asked how the location was chosen. Mr. Ackerman stated the new site was across the street from the existing one. There would be no benefit of moving it since an intermediate pressure line would need to be run to a district reg station to drop the pressure down to a normal distribution pressure. It would look like a town border station and would have to be in the same location.

Mr. Desch asked how they responded to a report of a strong gas odor. Mr. Ackerman said a leak check would be performed to look for the source, determine the cause and then repair it.

Mr. Aubert asked if the 35th Street location was reviewed. Mr. Ackerman stated if it was moved further outside of town, a new pipe would have to be run from 351

h Street to the current location at a higher pressure and require another regulator station to drop the pressure back down. From 35th Street to town, there wasn't enough pressure at that distribution to get the gas needed into town.

Mr. Tryon asked if there was a regulator station near or in town. Mr. Ackerman stated typically within a town, there were multiple reg stations. Each business or house has a regulator at their meter location. He thought there were other reg stations around town also.

With no one to speak in favor, Mr. Tryon asked if anyone wanted to speak in opposition.

Russell Kalcik, on behalf of Betty Kalcik, 10624 NW Parr Road, Silver Lake, KS 66539. • His mother's home was adjacent to the new location. • Had suggested the 35th Street location. • Questioned what the differences would be in the two locations and the surroundings of each. • Concerned about potential accidents around the curve next to the road and the house. • Suggested it be placed on another road where no houses were close in case there were any issues.

Mr. Jacques asked if any type of screening or fencing would help. Mr. Kalcik thought some sort of screening was needed. Bushes wouldn't work since they would not survive without care.

Gary Roberson, 10623 NW Parr Road, Silver Lake, KS 66539. • Thought the stations were eyesores. • Asked if they would consider moving it out of sight and out of mind. • Asked if there would be a 1 00 percent guarantee of no gas smell and it was safe. • Lived there for 27 years. • Concerned about the traffic and the high probability of a rollover into the new station. • Thought there was a better location for it and would prefer it be moved away from the houses. • The existing station was there when he built his house. • If Mrs. Kalcik sold her property, didn't think it would increase the property value.

Mr. Jacques stated earlier testimony indicated there should be no odor. Mr. Roberson said there was always an odor. Would they want it next to their home. Thought it could be possible to move the station a reasonable distance where it would be safer and not seen.

Mr. Desch asked Mr. Roberson if he had ever reported the odor. Mr. Roberson spoke with personnel at the station and they didn't seem to be concerned.

Mr. Tryon asked if there was a rebuttal comment from the applicant.

Page 2 of 7


Monda~ApMI10,2017

Derek Ackerman, Engineering Mgr.-Kansas Gas Service, 8551 N. 44th St. E., Valley Center, KS 67147. • A fence could be added to cut down on visual distraction. • An odor indicated a leak and should be reported to them or 911. They were required to respond and

determine the cause of the leak. • The original station was installed in 1933 and maintenance had been completed over the years. • The new station would have an updated design and modern equipment. • There would be no benefit to moving the station further out since it would require much larger

diameter pipe. With the pressure fluctuations, a station would be needed at the current location.

Mr. Jacques asked about the pressures as far as distance and release, moving the site location and for information on the pressure/release. Mr. Ackerman said the pressure decreased as the gas flowed down the lines. The new station would deliver 38 psi. When it reached customers in town, it might be down to 20-30 psi. If the station was moved out further, customers in town may get 10-15 psi and there would be trouble distributing it around town. The regulators at the businesses/homes need a pressure difference in order to operate correctly. No other site had been looked at due to all the implications of moving it. If the regulators were operating correctly, they should not release. Each house has a regulator and has a relief valve. It could be a regulator at an individual's house that was relieving. People needed to call them so they could find out where the odor was coming from.

Ms. McKenzie asked about the height of the station as well as if the concerns about a vehicle coming off the road had been addressed in the plan. Mr. Ackerman thought the station would be around 9 feet tall and had bollards (large diameter pipe) around it to help protect it and deflect vehicles away from it.

With no further comments and rebuttal, Mr. Tryon closed the public hearing and opened it for discussion among the Commissioners.

Mr. Tryon thought the applicant had done a reasonable job of making their case. It would be a different matter if it were somewhat new. It was an existing station. He planned to vote in favor.

Ms. McKenzie moved to approve the item with the addition of a metal fence with slats that was aesthetically pleasing; seconded by Ms. Moler. With a vote of 7-0-0, the item was recommended for Approval.

2. CU17/01 by Christopher L. & Connie L. Noe seeking a Conditional Use Permit on behalf of Verizon Wireless to establish a communication tower on property zoned "RR-1" Residential Reserve District and located at 4041 SE Shawnee Heights Road in Tecumseh Township.

Mr. Beagle stated Verizon Wireless wanted to lease land on the applicant's 10% acre parcel to erect a new cell tower in a 47' square, fence enclosed compound with a 9' x6' canopied electronic equipment shelter. It would be accessible by a 20' wide access easement that connected to Shawnee Heights Road. It would be located immediately north of the Shawnee Heights Middle School and High School complex.

The tower was needed due to an increased demand for 4G L TE service in the area south of Lake Jivaro between their Big Springs and Tecumseh tower locations to improve coverage, capacity, performance as well as off-load capacity. Propagation maps were displayed showing the existing vs. expected coverage conditions. Cell towers were more common due to growth of the wireless industry. The proximity to towers could not always be avoided. Carriers wanted to provide the most effective coverage for their consumers. Tower locations that minimized visual and land use conflict were needed. Other locations were considered but no towers or structures of adequate height met their coverage objectives.

Page 3 of 7


Monday, April 10, 2017

The proposed location was in a rural area with a mixture of large acreage agricultural tracts, planned residential subdivisions and rural residential home sites. Shawnee Heights Road appeared to be a point of transition between predominantly agricultural land use to the east and developing low density residential development to the west. Over time, it was anticipated this area would experience increasing pressure for conversion of land from agricultural to residential land use.

A 150' monopole tower is proposed to be erected. Photo simulations were provided by Verizon to show the before/after effects of the tower from four different vantage points. Air hazard obstruction lighting was not required since it was less than 200' in height. The tower's appearance would be minimized with the location adjacent to school district grounds, separation from residential properties on Shawnee Heights Road and absence of lighting.

Tower regulations require the tower base be screened from view by a 6' high solid screening fence. The hedgerow that extends along the property lines would conceal the site. The Planning Department recommends the screening requirement be waived since it wasn't visible and also felt that Verizon had acted in good faith in attempting to find a tower site.

Approval was being recommended subject to the ten conditions outlined in the staff report. Condition #7 was consistent with communication tower regulations which said the initial CUP should be limited to five years and subject to renewal following demonstrated compliance with the renewal provisions at the end of that five year period. In the past two years, a new Kansas Wireless Siting Act was approved with new standards/limitations as to local government regulation of cell tower siting. The minimum term was changed to ten years. In order to not be in violation of Kansas Statute, ten years should be substituted for five years.

Mr. Tryon asked if there were any questions for Mr. Beagle. Mr. McCurry asked if the fence would provide enough safety. Mr. Beagle stated the compound would be fence enclosed and gated. It should deny reasonable access. Barbed wire was located at the top of the fence.

Mr. Tryon asked if the applicant had a presentation.

Scott Goble, 574 S. Barnstable, Nixa, MO 65714. • Real Estate Site Acquisition Contractor representing Christopher/Connie Noe and Verizon Wireless. • Stated the staff report was very comprehensive. • A neighbor, Charles Laird, was also present in support of the request. • Completing due diligence was very important and they did their best to find an existing structure. • Nearest existing tower was two miles northwest and too far away to meet their coverage objectives. • An approved tower would support other carriers' antennas and co-locations would be welcomed. • A 6' chain link fence would be used with three strands of barbed wire above. The barbed wire was

faced out as an anti-climbing security feature. The gate into the compound would be locked. • In agreement with all the conditions included the report.

Mr. Tryon asked for the number of carriers. Mr. Goble stated the tower was designed for four carriers; however, if the third carrier utilized all the space, there would only be three.

Mr. Tryon asked if anyone wanted to speak in favor.

Charles Laird, 4031 SE Shawnee Heights Road, Tecumseh, KS 66542. • Next door neighbor to the proposed property and in favor of the request.

With no one to speak against, Mr. Tryon closed the public hearing and opened it for discussion among the Commissioners.

Page 4 of 7


Monday, April10, 2017

Ms. McKenzie moved to recommend Approval of the item with the amendment of Item #7 to replace five years with ten years; seconded by Ms. Moler. With a vote of 7-0-0, the item was recommended for Approval.

3. CU17/04 by David H. & Renee C. Stevens seeking a Conditional Use Permit to establish an animal boarding facility on property zoned "RR-1" Residential Reserve District and located at 4840 SW Fairlawn Road in Mission Township. (Continued from March 13, 2017 Meeting).

Mr. Beagle stated the applicant had requested the item be withdrawn. No further action was necessary. The applicant would possibly file for a new location.

4. SE17/01 by Scott Bieker & Jon Roberts seeking approval of a Type 3 Special Event Permit to hold an off-road motorcycle race event on property zoned "RA-1" Rural Agriculture District and located at the southwest corner of SE 3ylh Street and SE Woodring Road in Tecumseh Township.

Mr. Beagle stated the request, on behalf of Perry Keegan, was to hold off-road motorcycle races (Forward Motion Hare Scramble) on April 22 (11 a.m.-9 p.m.) and April 23 (8 a.m.-5 p.m.). Projected attendance was set at 500. This property located on the border of the Shawnee/Douglas County lines was used previously for off-road motorcycle racing. The surrounding area was predominantly rural and consisted of large acreage farm land and scattered residential home sites. The dominant land use in this area was the Big Springs Quarry.

Special Event permits would allow a temporary, short-term use of land/structure conducted on private property and open to the general public primarily for entertainment or amusement (i.e., concerts, performances, festivals, etc.) and attendance would exceed 400 persons. To reduce possible detrimental effects to surrounding properties and protect health, safety and welfare, Type 3 events would have to comply with twelve performance standards.

Details of the review of the performance standards for this request include. • Traffic-Property was accessible by a single gated point on SE 3ylh Street. The township

expressed no concern. With only one other property to access 3yth Street between Stubbs and Woodring Roads, the event was not anticipated to interfere with traffic.

• Parking-14 acres would be used for off-street parking with two parking areas with 1,400 spaces. The organizer would be responsible for those attending to park onsite and not on the public street.

• Set Backs-A 30' set back would be met. The race course map referenced that no portion of the race course would be located within 50' of a property or street right-of-way line.

• Sight Triangle-There was no conflict with this standard. • Health and Sanitation-Ten porta potties would be provided as required by the Health

Department. The vendor will be responsible for the removal upon conclusion. Twelve trash containers will be placed in different locations and will be removed upon conclusion.

• Emergency Services--The public safety plan was reviewed and there were no concerns. Lecompton Fire and EMS will be on site during the course of the event.

• Lighting-There will be no lighting with the exception of one 12' tall portable light fixture pointed downward in the middle of the small oval course on Saturday. Would be used from sundown to 10 p.m.

• Signage--There would be no signs with the exception of an inflatable Red Bull arch sign that would be placed over the finish line. It didn't seem that it would be visible from 37th Street.

• Other Permits/Laws--Applicant has satisfied all County required rules and regulations and licenses. The food vendor would have to obtain the appropriate state vendor license.

Page 5 of 7


Monday, April10, 2017

• Site Restoration-The site will be restored upon completion of the event. As required, the applicant has submitted a $1,000 security deposit. Upon satisfactory completion of site restoration at the conclusion of the event, the security deposit will be refunded to the applicant.

• Impact on Neighboring Property-Noise was the most notable offsite impact. No activity would take place before 8 a.m. or later than 9 p.m. All motorcycles competing would be required to be properly muffled. It was anticipated the noise would be dissipated by the parcel size, the rural setting, the dense stand of trees and the distance to nearby residential property. No sound amplification would be used except for playing the National Anthem at 11:00 a.m. on April 23.

• Overnight Camping-Camping was not allowed unless specifically requested by the applicant. The applicant requested permission for overnight camping on Saturday evening. It was anticipated to have no more than 100 people to camp. As required by the regulations, the applicant would provide onsite management and security during the overnight hours.

The Planning Commission amended the Zoning Regulations in 2012 to include special events in order to address temporary, short-term uses of land where they may be successful with minimal to no impact. Criteria would be reviewed to minimize potential conflict. Property owners within a 1 ,000' radius of the subject property would be notified. A public hearing would be held to determine if the applicant satisfactorily addressed the performance standards with or without conditions. Only if the request was denied or the decision of the Planning Commission was appealed by surrounding property owners would the request go to the County Commission.

The Planning Department believed this property to be a suitable location and result in minimal conflict with area property and otherwise be in compliance with applicable performance standards as outlined. The Planning Department was recommending approval of the special event subject to the 16 conditions as outlined in the staff report.

With no questions for Mr. Beagle, Mr. Tryon asked if the applicant had a presentation.

Perry Keegan, 15820 W. 14?'h St., Olathe, KS 66062. • Excited to be the first to use the special event permit process. • Lots of hard work went in to creating the process. • Mr. Beagle provided a comprehensive description of the proposed two-day event. • Asked if anyone had any questions.

Mr. Tryon asked if there would be any issues with the traffic on 37'h Street. Mr. Keegan didn't think there would be any issues.

Ms. McKenzie asked where the participants came from and if it was a family event. Mr. Keegan said they came from all over Kansas and surrounding states and was very much a family event.

Mr. Desch asked for verification of the number of attendees. Mr. Keegan said there would be a total of 500 but they wanted as many to attend as possible.

Ms. McKenzie asked for clarification if the end time was 8 or 9 p.m. for the portable lighting. Mr. Keegan said it was anticipated that the event would be over at 9 p.m. but the light would not be on past 10 p.m. The light would stay on until 10 p.m. so people could get back to their cars.

Ms. Moler wanted to know if the request would go to the County Commission. Mr. Beagle said the Planning Commission would make the decision.

Mr. Aubert asked if the public woul~ use the same parking as the participants. Mr. Keegan said it was not separated but tried to keep the folks with motor homes in one area and cars in a different area.

Page 6 of 7


Monday, April 10, 2017

Mr. Jacques asked how many events of this size had been held at this location, if they were prepared and had they contacted any of the neighbors since there had been issues in the past. Mr. Keegan said there had been one since 2010 and possibly a dozen prior to that. They knew what to expect. He had spoke to a few of the neighbors but hoped to talk to a few more.

Mr. Keegan asked if he could have permission to put up some small arrows to show the direction. Mr. Beagle said signs could not be placed in the public right of way and permission from property owners would be needed for other locations. The Planning Commission could grant the ability to place directional signs subject to the permission of the property owners. If Mr. Keegan secured property owner permission, he could forward the details to Mr. Beagle.

With no one to speak in favor or opposition, Mr. Tryon closed the public hearing and opened it for discussion among the Commissioners.

Mr. Jacques moved to recommend Approval of the item with the amendment for the applicant to provide proof to Mr. Beagle of property owner permission to place offsite directional signs; seconded by Ms. McKenzie. With a vote of 7-0-0, the item was recommended for Approval.

Public Comment on Non-Agenda Planning and Zoning Items

There were no comments on Non-Agenda Planning and Zoning items.

Discussion of Planning Related Issues

Mr. Beagle hoped the Planning Commission had received emails from the consultant regarding the five Big Ideas that were summaries of major topics addressed by the Comprehensive Plan. Hopefully those would draw more public attention. They would also be published in the Capital Journal and he appreciated their response in working with him. They were also posted on the Comprehensive Plan Project website. He encouraged them to look at those and ask questions.

The Planning Commission was invited to attend the next three Steering Committee meetings on April 11, May 9 and June 13. They would be looking at the draft chapters and addressing any issues or concerns for revisions to be considered on May 9 as well as to review new chapters. Hopefully by June 13, the final set of revised chapters would be reviewed before going to public hearing. There will also be a joint Planning Commission and County Commission meeting on June 12 after the regular County Commission meeting. It would provide the opportunity for both bodies to come together to review the draft plan in order to be prepared for the public hearing. Formal review by the County Commission would be in July.

Mr. Desch proposed they meet at 5:00 p.m. before the public hearing instead of 7:30a.m. on the Friday before the public hearing since it was difficult for everyone to attend. All agreed.

Mr. Desch also proposed to move the Planning Commission tables for the public hearing in a different configuration in order for everyone to see and hear each other. All agreed.

Adjournment:

Ms. Moler moved to adjourn, seconded by Mr. Aubert, a unanimous voice vote declared the public hearing be adjourned, which was at 7:30 p.m.

Page 7 of 7

June 29, 2017

MEMO: LEPC Conference Scholarship

TO: Board of County Commissioners Shawnee County Kansas

SHAWNEE COUNTY Department of

Emergency Management 200 SE ylh Street

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

Dusty Nichols, Director

FROM: Nelson Casteel- Operations Section Chief 11V Shawnee County Emergency Management

This memorandum requests approval of the attached scholarship application for attendance at the Local Emergency Planning Committee (LEPC) conference being held in Overland Park Kansas July 20-22.

It is beneficial to the LEPC and our local stakeholders that our Chairperson, Steve Christenberry, attends the conference and reports back on the new information from the conference.

A list of classes and sessions is attached to this memorandum.

Shawnee County Emergency Management was notified also last week that the LEPC for Shawnee County would be receiving an award at the conference.

The cost of the conference for three days is $75.00.

Environmental Program Administrator Swapan Saha with the Kansas Department of Emergency Management reported that there is a scholarship in the amount of $50 available for those who want to attend this conference.

Chairperson Christenberry has advised that he will travel back and forth each day/night to his home here in Shawnee County.

The cost to the county is $25.00.

Should you have any questions, please contact me.

###

KANSAS DIVISION OF EMERGENCY MANAGEMENT HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP)

GRANT PROGRAM

Application for Schola,rship to Attend the FY2017 Region VII LEPC Conference

DUNS Number

111. Federal Award Identification NUDiber I HNFHMP-0542-i 6-0:l-OO

iv. Application Deadline I. June 27, 2017

Iicanffor this Pro· ect $7$,0,Qfqrre···str:atioii fees

vii. Explain How the Award will Benefit the LEPC ltWill:!illow att~ndance by a representative of the Shawnee County LEPC in th~ int~rest of gaining knowledge o:n emergency response topics presented at the ¢onference, as well as the opportunity to meet members of 9ther LEPC' s and ~ncr~iis¢ th¢ possibility of collaboration in the future.

viii. Name of Federal Awarding agency, Pass-Through Entity, and Contact Information fm; Awarding Official

Federal Awarding Agency: USDOT PH.M:SA; Pass 'Ilrrough Entity: The Adjutant General's Deparbnent, State ofKansa,s; Contact Information for Awarding Official: Angelynn T. Morgan, Deputy Ditector, Kansas Division 9fEmergency Management, 2800 SW Topeka Blvd. Topeka, 66611; Phone: 785-()46-1403

ix. CFDANumberand Name; the Dollar Am.ountMade Available Under Each Federal Award and the CFDA Number at Time of Disbursement

CFDA Number: 2Q.703; Name: 'the Adjutant General's Department; HMEP Dollar Amount Available U12017-2018: $361,291.00 CFDA NUlll,ber at the Time of Disbursement: 20.703

1

•

I

r

1. CONTACTINFORMATION:

2. PROJECTED TRAVEL EXPENSES:

Registration Fees: $75

Lodging-Day 1 $

Lodging-Day 2 $

Lodging- Day 3 $

*Meals ~Day 1 $

*Meals- Pay 2 $

*Meals -Day 3 $

Total Cost 9 IS' *subtract for meals provtded at the conference

3. SCHOLARSHIP AWARD CONDITIONS:

Due to limited funding, scholarships will be available on a frrst come :fir~t serve basis, Only one scholarship per co:unty will be offered. KDEM will review applications for funding consideration based on available funds. The applicant or applicant's home jurisdictLon will be re~po:n,sible for paying $25.00 out of the $75.00 registration fee. KI:>:BM wjll reirrib"\lrlie $50.00. Lodging will be reirribuised at the conference rate if stayed at the conference hotel. Otherwise, state travel rate of $117.00 per night will apply for lodgii).g at another hotel. Lodging will be provided to applicants that have an official workstation 50 miles or more away from

2

the conference hotel, and up to 3 nights if the applicant participates in training on July 20. The review committee will determine need for additional nights based on travel distance. Per Diem rates will be based on the applicant's home jurisdiction's policy. The applicant win be required to proVide pertinent documents to KDEM with the application. The applicant or applicant's home jurisdiction will be responsible paying for mileage or car rental costs. Proof of attendance and the sessions participated in at the conference is required for reimbursement. The applicant must attend the "State Breakout Session" on the last day of the conference,

Applicants or their jurisdiction will be responsible for paying for registration, lodging, and meals upfront and will be reimbursed after the conference (it takes approximately 4-6 weeks to process reimbursement requests). KDEM will reimburse the jurisdictional entity for the authorized incurred expenses.

4. CERTIFICATION (LOCAL EMERGENCY PLANNING COMMITTEE APPROVAL):

By signing this document, I certify to the best of my knowledge and beliefthatthe provided information is true, complete, and accurate, and all funds distributed to the above app1i~t will be used solely fot the project and purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information; or the omission of any materiai fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise .

. .&.e~ Signature of the Applicant

~!?~ Signature of the LEPC Chair

Name and Signature of the County Commissionner

b-:z b -{7 Date

b-2b-17 Date

Date

ASST. co. COUNS -LOR Rec~NOd-------------

' . 6/29/2017 EPA LEPC/TERC Conference 1 Agenda I powered by RegOnline

Home Hotel Information I AgendJ Sponsors/Exhibitors . L--·-··

Award Nominations Speakers/Presenters

Schedule At-A-Glance

8:00am -noon

1:00pm- 5:00pm

Concurrent 1. AWR 147 Railcar Incident Response (Part I); The Center for Rural Development 2. Basic CAMEO for HazMat Responders; Tom Bergman, Environmental Programs Specialist, Oklahoma Department of

Environmental Quality, Certified CAMEO Instructor 3. Coordinated Response Exercise CoRE; Pipeline Safety; Steve Roberts, Vice President of Training at Paradigm 4. Planning for a large event- 2017 Eclipse in St.Joseph, MO (2 hours); Beth Conway Director of Communication St. Joseph

Convention & Visitors Bureau 5. Drone Mike Aerial Horizons

Concurrent Afternoon Training Sessions 1. AWR 147 Railcar Incident Response (Part II); The Center for Rural Development 2. CAMEO, WISER, Google Earth, Microsoft Office, and ArcView for laptops, tablets, !Phones, and other devices (4 hours);

Tom Bergman, Environmental Programs Specialist, Oklahoma Department of Environmental Quality, Certified CAMEO Instructor

3. Evacuating our 4-legged Friends; John Packett, Safety & Security Manager at the Henry Doorly Zoo 4. Risk Perception and Analysis- Chip Howat 5. withthe

Opening Plenary Session 8:00am -10:00 am Welcome, Opening Remarks and Introductions; Kim Jennings (EPA) & FEMA

Keynote: EPCRA; Past, Present & Future; Steve Mason (EPA), lim Gablehouse, & Kim Jennings (EPA)

https://www.regonline.com/builder/site/tab2.aspx?Eventl D= 1964546 1/2

6/29/2017 EPA LEPC/TERC Conference I Agenda I powered by RegOnline

Concurrent Technical Sessions Track Schedule I

l'ro-actM! Citizen CORPs in Eng~~gement ofthe Overland Park. Kans<~s

Region7 Lessons learned from

Public in Chemical Bakken CNIIe Oil CERT Progn1m Chemical Fires Friday Emergency Planning Response Kyle Burns, Emergency Tom Morgan {FEMA) Chris Leney, Director of

lll:30am -11:45 am Monte MciGIIip, Derrick Lampkin, BNSF Management Bob Stamey ( KS) Operations, CURA Bayer; Scott Munk, Coordinator Joyce Flinn (lA) Emergency Services

Bayer; Elaine Giessel, City of Overland Park Steven Tatlow (MO)

public partidpant Ryan lowry (NE)

Rail Transport Hazmat Chemical Facility Anti-

Homeland Security Ca,pabilities Terrorism Standards

Science and Derek Lampkin, (CFAlS)

Technology: Feden~l Manager Hazardous David Martak, U.S. Homemade Explosives

Bio/ Agro Defense Materials Field Department of Pla~ning for a large Identification for

Friday Facility in Riley

Operations and Homeland Security Event; Huskers Football Hazmat Responders 1:00pm-2:15 pm

County,ICS Emergency Response John Backer, UNl Kyle lovelady, ATF

Ron Trewyn, National BNSf Railway Region 7 Web Mapper Special Agent Certified

lane Sekavec, Program Tool for Emergency Explosives Specialist Bio and Agro-defense

Manager Hazardous Planners/Responders Fadllty liaison

Materials Response Mike Davis, EPA Region 7 Union Pacific Railroad Eric Desellcll, Tetra Tech

Cameo Demonstratioo

Planning/Response to for All-Hazard Planning Chemical Accident

Tom Bergman Trends in Region 7 and DHS All-Hazard

Pipellne/f erminal Environmental Programs Nationally Chemical Suicide

Friday Serurity Assessments

Releases of Specialist Terri Blunk, EPA Region 7

Roarke Holzsclluh, 3:00pm-4:30pm Hazmat/Petroleum Missouri O~ne Chuck Clanahan, DHS

Paul Bissaillon, Buckeye Oklahoma Department Dave Hensley, EPA Region

coordinator of Environmental Quality 7; Steve Mason, EPA

Partners, l.P. Certified CAMEO Region 6 Instructor

Effectively Using the

Early Response Alerting AlOHA Program Before,

Ammonium Nitrate Planning for

to Hazardous Milterials During. and After

Saturday Industry Standards Emergencies at Train LEPC's Networking

Rick Shellenbarger MPA, Chemical Incidents

lO:OOilm -11:30 am Dwayne Harrington, lntenmodal Facilities Session CEM, ATO I Planner I

Tom Bergman,

EPA Region 2 Kirk Keller, Fire Chief, Bonnie Wm-Scllulte

Sedgwick County ErwironmentaJ Programs

Johnson County, ICS Emergency Management

Specialist, Oklahoma Department of

Environmental Quafity

Cooper Nuclear Planning For and

Station Emergency Commodity Flow Study Using RMP data fur Evawation vs. Shelter-In-

Response To

Saturday Preparedness Planning & Expectations community planning

Place Plpelinej'Jerminal

1:30pm - 2:30 pm Jim Stough, Teri Smith, Douglas Jodi Harper, EPA Dwayne Harrington, EPA

Rel.eases of Emergency County Kansas Region7 Region 2 HAZMAT/Petroleum

Preparedne!iS Emergency Director Oavld Popoff, The Manager Response Group

Saturday Iowa State Breakout Kansas State Breakout Missouri State Breakout Nebraska State Breakout TERC Breakout

2:45pm- 3:45 pm

https://www.regonline.com/builder/site/tab2.aspx?Eventl D= 1964546 2/2

Shawnee County

Office of County Clerk CYNTHIA A. BECK

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

MEMORANDUM

TO: Board of County Commissioners

FROM: Cynthia A~":' County Clerk

DATE: July 3, 2017

RE: The Topeka Metro News Legal Advertising Rate

Jl/_ 5

Please acknowledge receipt of the legal advertising rate for The Topeka Metro News effective July 1, 2017.

Thank you.

CAB/clh

Attachment

• • /28/2017 15:35 FAX

:::::

-=·=· The Topeka Metro News P.O. Box 1794 Topeka, KS 66601-1794

County Clerk Shawnee County, Kansas 200 S.E. 7th St., Rm. 107 Topeka, KS 66603

Dear County Clerk=

rB) rf rG rf U WI rE ,fnl FAXED TO: 785-2< ~< 12JUN :2. q 2017 ~'

SHAWNEE COUNTY CLERK

June 29, 2017

Pursuant to K.S.A. 28-137, we hereby inform you of the rate for legal advertisements (public notices) appearing in The Topeka Metro News effective July 1, 2017. The standard, non-contract rate is 91.41 per typeset line if the notice is received in electronic te~t format, or $1.61 per line if typesetting is necessary. Contract rates of $125.00, $128.00, $150.00, $175.00, or $238.00 per notice shall be charged to certain non-government clients. Contract ratee of 50¢ per line or 72¢ per line shall be charged to certain government entities. For cities of lees th~n s,ooo in population, a rate of $68.76 per page (8-l/2" x ll") shall be charged if scanning is necessary, and a rate of $64.68 per page shall be charged if received by email. The rate for notices of vehicle sales shall be $4.34 per vehicle, subject to a minimum total charge of $10.00. The charge for photocopied notices will correspond to the aforementioned rates.

Debra Valenti Director of Operations

711 =-FI

TO:

FROM:

DATE:

RE:

Shawnee County


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

MEMORANDUM

Board of County Commissioners

Cynthia A~ County Clerk

July 3, 2017

Topeka Capital-Journal Legal Advertising Rate

Please acknowledge receipt of the legal advertising rate for The Topeka Capital-Journal effective July 1, 2017.

Thank you.

CAB/clh

Attachment

June 29, 2017

Cynthia A. Beck Shawnee County Clerk 200 SEth Topeka, KS 66603

Dear Ms. Beck,

In accordance with K.S.A. 28-137(b) we are submitting legal rates.

~ ([; ~ ~ ~ ~ ro-'111 1 l · { t JUN 2 9 2017 :!:1;

SHAWNEE COUNTY CLEr"iJ

The rate for legal advertising in The Topeka Capital-Journal is $1.10 per line. The cost per line will be reduced based on total linage published within a 12 month period.

We also realize the County is obligated to periodically publish legal notices larger than one full broadsheet newspaper page (120 column inches or 1,680 lines) which includes delinquent real estate taxes and delinquent personal property taxes.

To minimize the cost to the County, a 50% discount ( or rate of $.055 per line) on the rate for legal advertising in The Topeka Capital-Journal of$1.10 per line, per column, per day will be given to legal notices that exceed one full broadsheet newspaper page (120 column inches or 1,680 lines).

Also, for the Delinquent Real Estate Taxes & Delinquent Personal Property Taxes legal notices that require publication three times, the County will only be charged for the first two runs. The third run will publish at no cost.

The 50% discount and third run published at no cost options will be combined for the publication of the Delinquent Real Estate Taxes & Delinquent Personal Property Taxes.

In addition to printing the legal notices in the newspaper, all legal notices will be available through the classified advertising site of www.cjonline.com, an award-winning website, which receives nearly 9 million page views per month, outside our paywall giving all citizens complete, free access to the legal notices.

The combined household penetration, within Shawnee County, of the print and digital editions of The Topeka CapitalJournal and cjonline.com is nearly 75%.

The Topeka Capital-Journal is also affiliated with www.legalnotice.org, a national website giving quick and easy access to legal notices posted throughout the country.

These websites will provide a secondary means of delivering the legal notices to the public and ensuring the county's commitment to the transparency of open government.

Please let me know if you have any questions pertaining to the rate, publication size and frequency discounts outlined above.

I appreciate your time and consideration.

Sincerely,

1~~ Zach Ahrens, President & Publisher 616 SE Jefferson Street, Topeka, KS 66607 (Direct) 785-295-1115 [email protected]

TO:

FROM:

RE:

DATE:

Shawnee County


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

MEMORANDUM

() Board of Co~nty ommissioners

Cynthia A.C ec~County Clerk

Litigation

July 3, 2017

L/1 ___..-;

7-

Please acknowledge receipt of Summons for the following case in the District Court of Shawnee County, Kansas:

CASE NO: 2017CV000345 Wells Fargo Bank, NA vs. Commissioners of Shawnee County, Kansas et. al.

Board of County

which was received in the office of the Shawnee County Clerk and forwarded to the County Counselor on this date.

Attachment

/ Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255

ELECTRONICALLY 'FILED ' 2017 May 22 PM 2:03

CLERK OF THE SHAWNEE COUNTY DISTRICT COURT CASE NUMBER: 2017-CV-000345

rD)[E~[E~WlEfm

ln1 JUN 3 0 2017 lW . I o : It) At\ i-111...-

SHAWNEE COUNTY CLERK IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS

Fax: (314) 567-8006 K&M File Code:HUBMINOR

Wells Fargo Bank, NA, Plaintiff,

VS.

Antonette T. Hubble Serve at: 4210 NW Union Court Topeka, KS 66618

Michael W. Hubble Serve at: 421 0 NW Union Court Topeka, KS 66618

Case. No.

Div. No. -'----

John Doe Unknown Spouse of Antonette T. Hubble Serve at: 4210 NW Union Court Topeka, KS 66618

Jane Doe Unknown Spouse of Michael W. Hubble Serve at: 4210 NW Union Court Topeka, KS 66618

John Doe Unknown Occupant Serve at: 4210 NW Union Court Topeka, KS 66618

111111111 1m Ill ~11111111 1111111111 IIIII IIIII IIIII 1111111 Ill~ IIIII/ * K M 1 1 3 7 5 3 3 6 k M *

1

State of Kansas, acting through the Department of Children and Families Serve at: 555 South Kansas, 6th Floor Topeka, KS 66603

The Board of County Commissioners of the County of Shawnee, Kansas . Serve at:

200 E 7th Street, Room 1 07 Topeka, KS · 66603

Defendants.

Petition Pursuant to K.S.A. Chapter 60

PETITION FOR FORECLOSURE OF MORTGAGE

COMES NOW, Plaintiff, Wells Fargo Bank, NA, and for its cause of action against the

Defendants states as follows:

1. Plaintiff is a corporation duly organized and existing by virtue of law.

2. Venue is proper in this District by way of the subject matter, i.e., the foreclosure of a

mortgage on certain real estate located in the County of Shawnee, State of Kansas.

3. On or about May 31, 2002, Antonette T. Hubble, Michael W. Hubble [hereinafter

"Borrower(s)"] borrowed money from, executed and delivered to Wells Fargo Home Mortgage,

Inc, a Note, payable in monthly installments, in the original principal sum of $126,450.00,

together with interest as stated. A true and correct copy of the Note is attached and

incorporated by reference as if fully set forth as Exhibit 1.

4. As a part of the loan transaction and in order to secure payment of the Note, Borrower(s)

executed and delivered to Wells Fargo Home Mortgage, Inc, a Mortgage of the same date upon

the following described real estate:

LOT 18, BLOCK D, MURRAY SUBDIVISION NO.2, SHAWNEE COUNTY, KANSAS

known and numbered as 4210 NW Union Court, Topeka, KS 66618. The Mortgage was duly

recorded on June 3, 2002, in the Office of the Register of Deeds of Shawnee County, Kansas,

111111111111111111111 IIIII 11111111111~11 IIIII 111111111111111~ ~ 1111 *KI"'11375336KM•

2

Shawnee County ,/1) z-

DEPARTMENT OF HUMAN RESOURCES Angela K. Lewis, Director

200 SE ih, Room B-28 Topeka, Kansas 66603 Phone: (785) 251-4435

Fax (785) 251-4901, www.snco.us

MEMORANDUM


FROM: Angela K. Lewis, Director of Human Resources

DATE: July3,2017

RE: 2018 Benefit Cost Unemployment Rate

Please acknowledge receipt ofthe 2018 Benefit Cost Unemployment Rate Notice from the

Kansas Department of Labor.

The current benefit cost unemployment rate is 0.27 percent. The benefit cost rate for the year 2018 will be 0.18 percent. The new rate will apply to wages paid during the 2018 calendar year.

Attachments

Cc: Betty Greiner, Administrative Services Director Cindy Beck, County Clerk Shane Plemons, Sr. Technical Programmer Analyst

\ .. KANSAS DEPARTMENT OF LABOR

401 S.W. Topeka Boulevard Topeka, Kansas 66603-3182

SHAWNEE COUNTY CLERK SHAWNEE COUNTY 200 SE 7TH ST STE 107 TOPEKA KS 66603·3922

2018 BENEFIT COST RATE

NOTICE

DATE MAILED: 06 · 23 · 2017

ACCOUNT NO.: 13 6 6 3 8

THIS NOTICE IS A DETERMINATION OF YOUR BENEFIT COST RATE FOR THE CALENDAR YEAR 2018. YOUR RATE WILL BE 0.18 PERCENT OF TOTAL WAGES PAID DURING CALENDAR YEAR 2018. THIS RATE WAS BASED UPON THE COMPUTATION SHOWN BELOW.

WAGES PAID FY AVERAGE WAGES WAGES PAID FY ENDING 3·31·2016

$46, 8131 061. added

TO ENDING 3·31-2017

$47,932,623. EQUALS FOR LAST 2 FY YEARS

$47,372,842.49

BENEFITS CHARGED DURING AVERAGE WAGES PAID FY ENDED 3·31-2017 divided 2 PRIOR FY ENDED 3-31·2017

EXPERIENCE FACTOR

.0013 $62,005.90 by $47,372,842.49 EQUALS

EXPERIENCE FACTOR MULTIPLIED

.0013 BY

ADJUSTMENT FACTOR 1.35 EQUALS

APPEAL RIGHTS ·

YOUR 2018 BENEFIT COST RATE

0.18 PERCENT

THIS DETERMINATION OF YOUR BENEFIT COST RATE FOR 2018 SHALL BECOME CONCLUSIVE AND BINDING UNLESS WITHIN 15 DAYS AFTER MAILING DATE SHOWN ABOVE, YOU FILE A WRITTEN REQUEST FOR REVIEW AND REDETERMINATION SETTING FORTH- REASON-S- -\I'HEREFORE .AS .. PRO:V:IDED .... E.OR .IN .. SECTION .:4~ ·710b (a) OF THE KANSAS EMPLOYMENT SECURITY LAW. .

IF YOU HAVE ANY QUESTIONS REGARDING YOUR RATE PLEASE CALL YOUR FIELD REPRESENTATIVE: DAVID STONE IN TOPEKA, KS AT 785-296·5000 EXT 2720

THE BENEFIT CHARGES ASSESSED TO YOUR ACCOUNT DURING THE FISCAL YEAR ENDED MARCH 31, 2017 ARE:

YOUR CHARGES ARE ON THE BACK SIDE

EVELYN Z. WILSON Chief Judge

KANSAS DISTRICT COURT Shawnee County Courthouse

200 S.E. 7th, Suite 406 Topeka, Kansas 66603-3922

(785) 233-8200 Ext. 4018 Fax (785)291-4917

TO: Shawnee County Commissioners ~ 1 LFROM: Charles Hydovitz, District Court Administrator ~ DATE: 6/30/17 SUBJECT: NEW COURT SERVICES VEHICLE

CHARLES L. HYDOVITZ District Court Administrator

The Court Services Unit would like to replace their existing vehicle. They currently drive a 2006 Ford Explorer with 89,034 miles. It is typically used 9 evenings a month between Sp-p9 and one Saturday a month between 8-noon by the Field Supervision Team to conduct home contacts on people under court supervision. On average, the team makes 15 contacts a night all over Topeka-Shawnee County. Additionally, it is used several days a month by CSO's to make day/night field contacts on probationers. These contacts are mostly address and employment verifications and are also all over Topeka-Shawnee County.

The SUV is experiencing transmission slippage. Not only must a mechanic open up the entire transmission to add fluid, but also to put in additive to relieve slippage issues. The County automotive unit indicated that this can cause irregular clutch problems if this type of service becomes routine.

More importantly, the County's mechanic (Jeff) advised us to seek the services of a local transmission specialist as the County garage will not perform this service. The SUV has a broken/unhinged passenger seat due to wear/tear which cannot be repaired - it requires a whole new seat.

Last, all four tires are showing significant wear and need to be replaced.

The current vehicle is unsafe to drive. Since the CSO members are dealing with high risk individuals at all hours, we must ensure they have dependable transportation. And, investing county funds in a vehicle we intend to trade in 6 months is not being fiscally responsible.

The Court planned to purchase a new vehicle in 2018 from allocated funds. However, the condition of the SUV warrants replacement immediately. We will fund this purchase from our FY 2017 budget.

Thank you for your support and favorable consideration.

TO:

FROM:

RE:

DATE:

Shawnee County Coroner

Board of County Commissioners

Dr. Charles Glenn, County Coroner

Deputy Coroner

June 28, 2017

Charles Glenn, M.D. 320 S. Kansas Avenue, Suite 400

Topeka, KS 66603-3644 785-251-2350 phone

785-251-2380 fax coronermail@snco. us

T>l

I am requesting approval of a resolution appointing Dr. Alan Martinez to serve as a Deputy Coroner for the Third Judicial District. Dr. Martinez is a board certified pathologist who just finished his forensic pathology training at the Jackson County Medical Examiner's Office and will be an employee of Mid-America Forensic Pathology.

Importantly, Dr. Martinez is a lifelong Kansas resident and should hopefully help our office provide a better service to the community for many years to come.

Respectfully,

Dr. Charles Glenn

RESOLUTION NO. 2017-.:3 \.c,

A RESOLUTION APPOINTING .DR. ALAN MARTINEZ To SERVE As THE DEPUTY DISTRICT CORONER FOR THE THIRD JUDICIAL DISTRICT

Sponsored By Commissioner Archer

WHEREAS, K.S.A. 22a-226(e) authorizes the District Coroner, with the approval of the Board of Commissioners, to appoint one or more deputy district coroners; and

WHEREAS, Dr. Charles Glenn, District Coroner for the Third Judicial District desires to appoint Dr. Alan Mat1inez to serve as the Deputy District Coroner for the Third Judicial District; and

NOW, THEREFORE, The Board of County Commissioners of the County of Shawnee, Km1sas, meeting in regular session on this 6th day of July, 2017, does hereby resolve as follows:

1. Pursuant to K.S.A. 22a-226(e) and effective July 6, 2017, Dr. Alan Martinez is hereby appointed as the Deputy District Coroner for the Third Judicial District, Shawnee County, Kansas. Dr. Martinez' term of office shall run concurrently with that of Dr. Glenn.

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Robert E. Archer, Chair

Kevin J. Cook, Vice-Chair

Michele A. Buhler, Member

Approved us to Legality and FonT,: Date~1

----·-- \t.tJ1..._ ASST. CO. COU~LOfi Flecnivod _______ _

Shawnee 1 ~ounty '-', r f,; P.arKs+ ~ recreation June 28, 2017

TO:

FROM:

RE:

Board of Commissioners Shawnee County \n/ John E. Knight, Dir~~f.V? Parks + Recreation [f' Request for Priced Proposal - Overhead Netting Outdoor Adventure - Sports

Purpose: Board of Commissioners consideration is requested to approve Parks + Recreation to solicit Request for Priced Proposal (RFPPs) for potential overhead netting at the Bettis Family Sports Complex. The attachment shows preliminary specifications and map of the potential project at the quad fields inside the complex. The project expenses are to be funded through the Outdoor Adventure - Sports operating budget.

Justification: The intended outcome of this request is to investigate options and expenses to add a dimension of safety for visitors of the Bettis Family Sports Complex. Supporting documentation provides additional information concerning the scope of the project.

JEK/blt DT

Attachment( s)

parks.snco.us

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

QUOTATION NO. -17

DATE MAILED

CLOSING 2:00P.M.

SCOPE OF PROJECT

Overview: Shawnee County Parks + Recreation is soliciting a Request for Priced Proposal for safety netting above the Quad at Bettis Family Sports Complex. See attached complex map showing designated area.

Qualifications Should Address:

1. Developing a design and pricing for safety netting above the Quad fields of Bettis Family Sports Complex

2. Staff Assignments -Identify the representatives and additional staff assigned to this project. 3. Firm's Experience- Describe your firm's experience with similar projects providing safety netting for

facilities. 4. References - Provide names, addresses, email addresses and telephone numbers of appropriate contact

persons for at least three (3) recent agencies in which safety netting was provided.

Firm Responsibilities: 1. The firm is responsible for all aspects of the project, including but not limited to:

a. Design of netting to protect the spectators on Quad Fields (Jim Parrish, Harold North, Pee Wee 1 and Pee Wee 2)

b. Pricing for all aspects and other associated costs of the installation of the netting. c. Provide a method of retrieving foul balls that land on netting. d. Timeline for design and installation. e. Methods of anchoring netting. f. Provide recommended maintenance plan of the netting and life span of product. g. Netting should be black in color. h. Warranty associated with product and service. 1. Maintaining minimum ground clearance at all points under net at twelve (12) foot.

Contact person for project with be Kevin Ston.er, Sports Field Manager: [email protected] or 785-251-6981.

PAGE7

May 22. 21l1 7

Pamels

QUOTATIONNO. -17

DATE MAILED

CLOSING 2:00P.M.

Bettis Quad Netting

1:954 0 n.GIN75 lliiOiS

I o' I ,' 0 1111075 0.015

0.019 ... ,•

0.03 &111

--=-·"· <llo_oh_40 .. _1ir,..._ltllilio--.U.. ...... IIII..-wlor"'*'Glhlo ....

PAGE 10

Shawnee 1 ~ounty '', r f; P.arKs+ ~ recreation June 7, 2017

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Director\ Parks + Recreation

Contract Approval - Lake Shawnee Spillway Improvements #006-17 Asset Management

I

... ·:-I

Purpose: Board of Commissioner's approval is requested for contracts with Emcon, Inc. for improvements to the Lake Shawnee Spillway and with Professional Engineering Consultants for construction inspection services for the improvements project.

Justification: On March 20, 2017 commissioners approved Parks + Recreation to negotiate a revised scope of services with Emcon, Inc. for improvements to the spillway at Lake Shawnee. Emcon, Inc. was the apparent low bidder on the original scope of services for the work. The revised scope was necessary to meet budgetary constraints on the project.

Shawnee County Parks + Recreation staff and the engineering firm hired by the county met with Tony Emerson, Emcon Vice President, to discuss the revised scope and associated costs. The revised scope has an estimated cost of $200,061.71. The revised scope will provide all of the necessary improvements to the spillway to allow it to function as designed when it was constructed. Parks + Recreation recommend approval of the contract and associated Attachment 1 as submitted.

Additionally, the Department is seeking Commission approval to amend contract #C300-2015 with Professional Engineering Consultants, P .A. (PEC) to include additional construction administration and inspection services for the duration of the spillway improvement project. PEC has the contract for the design phase of the spillway improvements and has administered the project to this point. Their continued services are needed to meet the requirements of K.A.R. 5-40-71. Kansas Department of Agriculture under K.A.R. 5-40-71 requires, as part of the permit process that allows for modifications to the dam or associated spillway, that the spillway shall be inspected by an engineer competent in the design of dams, or that engineers authorized representative, at all times during any construction activity.

In keeping with that requirement Shawnee County Parks and Recreation has negotiated a contract with PEC to provide the required services at an estimated cost of $20,950.00. The scope

parks.snco.us

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

of services, total estimated cost, project schedule and hourly rate schedule are attached as Exhibits A1, B1, C1 and Dl.

Parks + Recreation recommend approval of the contracts and exhibits as submitted.

The costs associated with this project and the associated construction administration and inspection services will be paid from allocated Certificate of Participation funds previously approved by the Commission on February 19, 2015.

JEK/lrk TB

Attachment( s)

SHAWNEE COUNll CONTRACT a;C§H<;\ .. ~ll

DOCUMENT 530 AGREEMENT

TillS AGREEMENT is dated as of the day of -------in the year 20 __ by and between Shawnee County Parks & Recreation (Owner) and -----------

=-----:--c=-----=-----=--=----:----::--c:-------=:------=--7 (Contractor). Owner and Contractor in consideration ofthe mutual covenants hereinafter set forth, agree as follows:

Article 1. Work.

The Contractor shall complete all Work as specified or indicated in the Contract Documents including Attachment A. The Project for which the Work under the Contract Documents is to be performed is: Lake Shawnee Spillway Repair and Maintenance Improvements.

Article 2. Engineer.

The project has been designed by Professional Engineering Consultants, P.A. The Design Engineer (Specify Design Engineer or County Engineer) is hereinafter designated as the Engineer and is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. Contract Time.

3.1. The Work will be substantially completed within 30 days from the date when the Contract Time commences to tun as provided in paragraph 2.3 of the General Conditions, and completed and ready for Final Completion in accordance with the General Conditions within I 5 days from the date when Substantial Completion is certified by the Engineer.

3.2. Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not complete and ready for final payment by the date specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner ifthe Work is not completed on time. Accordingly, instead ofrequiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner per the following schedule:

Contract Amount

$0 to $25,000 $25,001 to $50,000

$50,001 to $100,000 $100,001 to $$500,000

$500,001 to $1,000,000 530-1

Liquidated Damages

$75.00 $125.00 $200.00 $400.00 $600.00

June/2013

(DAYS)

$1,000,001 to $2,000,000 $925.00 $2,000,001 to $5,000,000 $1,375.00

$5,000,001 to $$10,000,000 $2,000.00 $10,000,001 and up $3,000.00

For each day that expires after the time specified in paragraph 3.1 for Final Completion. The Owner may deduct the total accrued liquidated damages from the final payment due to the Contractor.

Article 4. Contract Price.

Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds as per the Contractor's Bid, which is attached as an exhibit to this Agreement in Attachment A.

Article 5. Payment Procedures.

Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

5 .1. Progress Payments. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer within thirty-five (35) days following the end of the period for which payment is being

· requested, provided the application for payment is submitted within seven (7) days following the end of the period. Periods shall end the 15th day of each month. All progress payments will be based on the number of units or estimated percentage of the Work completed in accordance with paragraph 14.1 ofthe General Conditions.

5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions.

(1) 90% of Work completed. If the project has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner l,'lnd Engineer, upon written request by the Contractor, Owner may determine that if the character and progt:ess of the Work remain satisfactory to them, that the retainage because Work completed be reduced or eliminated. Reduction or elimination of the retainage will be at the sole discretion of the Owner.

(2) _0_% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.2 ofthe General Conditions).

5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 95% of the Contract Price, less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions.

530-2 June/2013

(DAYS)

5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.13.

5.3. Interest. All monies not paid when due hereunder shall not bear interest.

Article 6. Contractor's Representations.

In order to induce Owner to enter into this Agreement, Contractor represents that he fully complies with the requirements stated in paragraphs 3b. through 3g. of the Bid Form, which is included by reference as patt of this Agreement.

Article 7. Contract Documents.

The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following:

7 .1. This Agreement including Attachment A.

7.2. Performance and other Bonds contained in this Project Manual.

7.3. Work Order.

7.4. General Conditions contained in this Project Manual.

7.5. Supplementary Conditions contained in this Project Manual, if any.

7.6. The City of Topeka Standard Technical Specifications, current edition, with any addenda thereto.

7.7. Specifications contained in this Project Manual, if any.

7.8. Project Drawings, bearing the following title: Lake Shawnee Spillway Repair & Maintenance Improvement Project (as amended by Attachment A)

7.9. Addenda to -----· inclusive.

7.9. Contractor's Bid, including all attachments to Bid, which is attached as an exhibit to this Agreement in Attachment A.

7.10. Geotechnical Report, including all displays, tables, etc.

7 .11. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions.

There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions.

530-3 June/2013

(DAYS)

Article 8. Suspension of Contractor.

8.1. Contractor will be placed on Owner's "List of Suspended Contractors" for a period of time from the date of written notification by Owner if Contractor fails to perform in accordance with specific provisions stated in paragraph 8.2 of this Article 8.

The period of Suspension shall be established as follows:

First Suspension - 1 year Second Suspension - 2 years Third Suspension - Permanent

During the period of suspension, the Contractor will not be permitted to submit a bid to Owner to perform Work either directly or indirectly or as a subcontractor.

8.2. The Contractor shall be suspended upon written notification by Owner:

8.2.1. If Contractor exceeds the Contract Times for Substantial Completion or final payment as indicated in paragraph 3 .I, plus any extensions thereof made in accordance with Atticle 12 of the General Conditions, by more than ten (10) days or 15%, whichever is greater, or

8.2.2. Upon occurrence of any ofthe events stated in paragraph 15.2 ofthe General Conditions.

8 .2.3. If Contractor fails to complete any outstanding "One-Year Correction Period" work, as defined in paragraph 13.12 of the General Conditions, on previously completed projects within 90 calendar days of written notification by the Owner, the Contractor will be placed on Owners "List of Suspended Contractors", as defined in paragraph 8.1, Article 8. Suspension of Contractor, and shall remain suspended until such time as the corrective work has been certified as complete in writing by the Owner.

Article 9. Miscellaneous.

9.1. Terms used in this Agreement which are defined in Article 1 ofthe General Conditions will have the meanings indicated in the General Conditions.

9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor fi·om any duty or responsibility under the Contract Documents.

9.3. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

530-4 June/2013

(DAYS)

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Contractor and Design Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Design Engineer on their behalf.

OWNER: Shawnee County Parks & Recreation

CONTRACTOR

By: ____________________ __


Attest: ------------------- Attest: Notruy Public

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

530-5

c ·----.. \J>N\c D'O . lA\C

[CORPORATE SEAL]

ASST CO CO' !t\!SELOR

Jurui/2013

(DAYS)

Rev. 09/20 13 ATTACHMENT To

SHAWNEE COUNTY CONTRACT C, ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the ___ day of _______ __, 20_.

I. TERMS HEREIN CONTROLLING PROVISIONS. It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnifY any contractor for any liability whatsoever.

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

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

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

8. REPRESENTATIVE'S AUTHORITY TO CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY FORT AXES. The County shall not be responsible for, nor indemnifY a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

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

VENDOR/CONTRACTOR: ; Olgltllly!lgnedbyTonyEntersan

Tony Emerson :~;:~;;;:::,~::;·-~··~··"~ ._' Oa~:l017.D6.0S10:09:07.0S'OO'

By:

Vice President Title:

Date:



Date:

ATTEST:


SHAWNEE COUNT'l QONTRACt it C. ~~G ~ t 7

LAKE SHAWNEE SPILWAY IMPROVEMENTS

AMENDMENT NO. 1 TO CONTRACT

THIS AMENDMENT TO CONTRACT is made by and between Shawnee County, Kansas Parks & Recreation Department (hereinafter called Owner) and Professional Engineering Consultants, P.A., Topeka, Kansas, (hereinafter called Engineer) this __ day of ________ ____, 2016.

WHEREAS, the parties entered into an agreement on August 6, 2015 for services related to the Lake Shawnee Spillway Rehabilitation Project to include design and bid phase services; and

WHEREAS, the Owner is desirous of expanding the scope of the Engineer's services to include additional construction administration and inspection services not provided for in the original contract; and

WHEREAS, Consultant is prepared to provide said services;

NOW, THEREFORE, IT IS AGREED that the Owner authorizes the Engineer to provide additional engineering services, and that the original agreement shall be amended as follows:

1. PARAGRAPH B- BASIC SCOPE OF SERVICES

The Engineer will provide construction administration and inspection services in accordance with Exhibit Al, Scope of Services, Construction Phase Services, Lake Shawnee Spillway Rehabilitation Project, attached hereto.

2. PARAGRAPH E-PA YMENT PROVISIONS

For services described in Exhibit Al, the Owner shall make payments to the Engineer in accordance with Exhibit B 1, Compensation, Construction Phase Services, Lake Shawnee Spillway Rehabilitation Project, attached hereto.

3. PROJECT SCHEDULE

The Scope of Services provided in Exhibit Al, and the Compensation values provided in Exhibit Bl, are dependent upon estimated Contractor completion times, and were prepared in accordance with EXHIBIT Cl, Project Schedule, Construction Phase Services, Lake Shawnee Spillway Rehabilitation Project.

Page 1 of9

4. HOURLY RATE SCHEDULE

Hourly Rate Schedule, Construction Phase Services, Lake Shawnee Spillway Rehabilitation Project, shall be added to the Agreement.

All other portions ofthe aforementioned contract with attachments are unchanged by this amendment.

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

BOARD OF COUNTY COMlv.IISSIONERS SHA~ECOUNT~KANSAS

By:

Title:

Attest:

PROFESSIONAL ENGINEERING CONSULTANTS, P .A.

By ~to .. ~

Attest

Robert A. Koopman, P.E., Principal Municipal Team Leader

Approved as to Le litv and Form: Date • ~-11

Page2 of9 · :,~Sl CO. COUN$ L~

EXHIBITAl

SCOPE OF SERVICES

CONSTRUCTION PHASE SERVICES

LAKE SHAWNEE SPILLWAY REHABILITATION PROJECT

BASIC SERVICES

The project is specifically defined below:

Provide CONSTRUCTION PHASE SERVICES, including: attendance at preconstruction conference; inspector coordination; shop drawing and pay request review; periodic site visits; attendance at project progress meetings; substantial and fmal completion inspections; answer Contractor questions and RFis; review pay estimates; construction staking, and record drawings.

The ENGINEER agrees to provide the following services.


The following services are based upon an assumed construction period of30 calendar days, or 4 weeks;

I. Prepare for and attend the pre-construction conference with the Owner and Contractor.

2. Coordinate with the project inspector and answer questions during construction, estimated at 2 hours/week.

3. Review shop drawings, submittals and monthly pay estimates provided by the Contractor.

4. Provide periodic professional observation during construction, estimated at one visit of 3 hours, twice per month.

5. Attend a single progress meeting with the Owner, Engineer, and Contractor, estimated at 4 hours total.

6. Attend substantial and final inspection walkthroughs and provide a punch list to the Contractor for remaining work.

7. Answer Contractor questions and respond to Requests for Information, estimated at 2 hours/week.

Page 3 of9

8. Provide Resident Inspection for 4 weeks @ 8 hours/day Regular Time ( 40 hrs/week) without overtime.

9. Overtime for Resident Inspector to be a supplemental service, provided (if requested) through separate agreement.

10. Develop record drawings based on Contractor and Inspector "redlines".

11. Construction layout staking for the project to be a supplemental service, provided (ifrequested) through separate agreement.

SUPPLEMENTALSERV1CES

Any work requested by the OWNER that is not included in the Basic Services will be classified as Supplemental Services. Supplemental Services shall include, but are not limited to the following:

1. Changes in the general scope, extent, or character of the project or its design, including but not limited to changes in size, complexity, Owner's schedule, character of construction or method of financing; and revising previously accepted studies, reports, or design documents when such revisions are required by changes in laws, regulations, ordinances, codes, or orders enacted subsequent to the preparation of such studies/reports/documents or designs or due to any other causes beyond the Engineer's control.

2. If requested by the Owner, provide resident construction observation and administration for the work in excess of the estimates generally outlined in the Scope of Services.

3. Attend meetings and/or provide review and contractor RFI response services in excess of the estimates generally outlined in the Scope of Services.

4. Provide constmction staking of project improvements.

5. Any need, currently unknown, which the Owner shall designate.

Page4 of9

EXHIBITBl

COMPENSATION


SHAWNEE LAKE SPILLWAY REHABILITATION PROJECT

COMPENSATION

For the services covered by this Agreement, the OWNER agrees to pay the ENGINEER as follows:

For the Construction Phase Services described in Exhibit AI, reimbursement shall be at standard hourly rates as provided in Exhibit Dl, with an estimated total of$20,950.00. This estimate is based upon an assumed constmction period of30 calendar days, or 4 weeks, as well as other assumed hour limits included in Exhibit A 1.

Page 5 of9

EXHIBITCl

PROJECT SCHEDULE


SHAWNEE LAKE SPILLWAY REHABILITATION PROJECT

Construction Phase Services will be provided for an assumed construction period of 30 calendar days, or 4 weeks. This time limit has been included in the Project Specifications as a requirement of the Contractor. Actual completion time, however, is dependent upon the Contractor and is beyond the direct control of the Engineer.

Page 6 of9

EXHIBITDl

HOURLY RATE SCHEDULE


LAKE SHAWNEE SPILLWAY REHABILITATION PROJECT

2016 RATE SCHEDULE** ATTACHMENT A

TITLE HOURLYRATE* Principal Engineer 5 ................................................................................................................ $155.00 Principal Engineer 4 ................................................................................................................ $150.00 Principal Engineer 3 ................................................................................................................ $145.00 Principal Engineer 2 ................................................................................................................ $140.00 Principal Engineer I ................................................................................................................ $130.00 Project Manager 8 .................................................................................................................... $160.00 Project Manager 7 .................................................................................................................... $155.00 Project Manager 6 .................................................................................................................... $145.00 Pt·oject Manager 5 .................................................................................................................... $135.00 Project Manager 4 .................................................................................................................... $125.00 Project Engineer 6 ................................................................................................................... $125.00 Project Engineer 5 ................................................................................................................... $115.00 Project Engineer 4 ................................................................................................................... $105.00 Project Engineer 3 ................................................................................................................... $100.00 Pt·oject Engineer 2 ..................................................................................................................... $90.00 Design Engineer 4 ..................................................................................................................... $95.00 Design Engineer 3 ..................................................................................................................... $85.00 Design Engineer 2 ..................................................................................................................... $80.00 Landscape Arch. 4 ................................................................................................................... $125 .00 Landscape Arch. 3 ..................................................................................................................... $95.00 Land Use Planner 3 .................................................................................................................. $120.00 Land Use Planner 2 .................................................................................................................. $100.00 Airport Planner 4 ..................................................................................................................... $140.00 Design Technician Supervisor 6 .............................................................................................. $130.00 Design Technician Supervisor 5 .............................................................................................. $120.00 Design Technician Supervisor4 .............................................................................................. $110.00 Design Technician Supervisor 3 ................................................................................................ $90.00 Design Technician Supetvisor 2 ................................................................................................ $70.00 Design Technician 6 ................................................................................................................ $105.00 Design Technician 5 .................................................................................................................. $95.00 Design Technician 4 .................................................................................................................. $80.00 Design Technician 3 .................................................................................................................. $65.00 Design Technician 2 .................................................................................................................. $55.00 Drafter/CAD Operator 4 ............................................................................................................ $70.00 Drafter/CAD Operator 3 ............................................................................................................ $65.00 Drafter/CAD Operatot· 2 ............................................................................................................ $50.00 Balance Technician Supervisor 3 .............................................................................................. $95.00 Balance Technician 4 ................................................................................................................. $90.00 Balance Technician 3 ................................................................................................................. $75.00 Balance Technician 2 ................................................................................................................. $65.00 Balance Technician 1 ................................................................................................................. $55.00

Page 7 of9

Land Surveyor ......................................................................................................................... $100.00 Party Chief ................................................................................................................................. $85.00 Survey Aid ................................................................................................................................. $65.00 Field Engineer 5 ....................................................................................................................... $155.00 Field Engineer 4 ....................................................................................................................... $135.00 Field Engineer 3 ....................................................................................................................... $110.00 Field Engineer 2 ....................................................................................................................... $100.00 Inspector Supervisor 3 ............................................................................................................... $95.00 Inspector 6 ................................................................................................................................. $90.00 Inspector 5 ................................................................................................................................. $80.00 Inspector 4 ................................................................................................................................. $75.00 Inspector 3 ................................................................................................................................. $70.00 Lab Technician Supervisor 4 ..................................................................................................... $95.00 Lab Technician Supervisor 3 ........................................................................... : ......................... $90.00 Lab Technician 4 ....................................................................................................................... $70.00 Lab Technician 3 ....................................................................................................................... $65.00 Lab Technician 2 ....................................................................................................................... $55.00 Lab Technician 1 ....................................................................................................................... $50.00 Administrative Assistant Supervisor 4 ...................................................................................... $70.00 Administrative Assistant Supervisor 2 ...................................................................................... $65.00 Administrative Assistant 3 ......................................................................................................... $60.00 Clerk Typist 2 ............................................................................................................................ $50.00 Clerk Typist 1 ............................................................................................................................ $45.00 Computer Programmer .............................................................................................................. $85.00 CAD Assistant 1 ........................................................................................................................ $35.00 Technical Writer 4 ..................................................................................................................... $85.00 Technical Writer 3 ..................................................................................................................... $70.00 Technical Writer 2 ..................................................................................................................... $65.00 Public Relations 1 ...................................................................................................................... $95.00 Computer/CAD .......................................................................................................................... $18.00 Infrared Camera ......................................................................................................................... $50.00 Structural Testing Equipment .................................................................................................... $50.00

REIMBURSABLES: Outside Consultants .............................................................................................................. Cost plus 10% Reproduction & Photography ............................................... : ............................................... Cost plus 10% Equipment Rental ................................................................................................................. Cost plus 10% Material ................................................................................................................................. Cost plus 10% Vehicle Mileage ......................................................................... , .......................................... $0.54/Mile ATV ...................................................................................................................................... $20.00/Hour GPS ....................................................................................................................................... $50.00/Hour 3D Laser Scanner .................................................................................................................. $150.00/Hour Robotic Total Station ............................................................................................................ $50.00/Hour Car Rental and Fuel .............................................................................................................. Cost Per Diem ............................................................................................................................... $35.00/Day Telephone (Long Distance) .................................................................................................. No Charge Postage (Regular Mail) ......................................................................................................... No Charge Deliveries and Overnight Mail ............................................................................................ Cost plus 1 0% Travel, Hotel, Meals, and Subsistence .................................................................................. Cost Filing Fees ............................................................................................................................ Cost

**The rates shown above are effective for services through December 31, 2016, and are subject to revision thereafter

Page 8 of9

Hourly Rate Schedule Notes:

1. Non-exempt positions (*) will be billed at 1.5 times the indicated hourly rate indicated for overtime hours if overtime is authorized by separate agreement.

2. The services of contract personnel shall be invoiced according to the rate classifications as if contract personnel are direct employees ofPEC.

x:\project files\shawnee spillways\ca inspections\15a29 contract amendment 1 rev l.doc

Page 9 of9

Rev. 09/2013 ATTACHMENT To

SHAWNEE COUNTY CONTRACT C ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being dated the ___ day of --------20_.

1. TERMS HEREIN CONTROLLING PROVISIONS. It is expressly agreed that the terins of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated.

2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or inCident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of aily other states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-llOl et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiScal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnify any contractor for any liability whatsoever.

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: {a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, itational origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer''; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-lll6; (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 wi.th the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable. provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County·. Parties to. this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

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

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

8. REPRESENTATIVE'S AUTHORITY To CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. REsPONSWILITY FoR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

I 0. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-610 I et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

Title:

J""'u n c 7 J 2 0/7 Date:



Date:

ATTEST:


Shawnee I ~ounty '', r,; P.3fKS+ ~ recreation June 28, 201 7

TO:·

FROM:

RE:

Board of Commissioners Shawnee County ~

John E. Knight, Director~ Parks + Recreation

Park Maintenance Technician Positions

Purpose: Board of Commissioners consideration and approval is requested to create and fill four (4) new positions within the department. Specifically this request is to create four (4) new Park Maintenance Technicians at an annual salary of $46,766.83 each (includes benefits) and eliminate five (5) Park Maintenance Worker positions. The funding for these positions is sufficient and within the approved operating budgets.

Justification: These new positions will work county-wide but will primarily report to their respective divisions, two (2) Asset Management Division (Construction and Facilities) positions and two (2) Outdoor Adventure Division (Sports) positions. This request is consistent with the initial reorganization request (May 2015) in that "at no time during the process would the department exceed the approved budgeted dollar amount nor number of full-time equivalent PTE positions approved by the Board of Commissioners."

On June 11, 2015, the department presented to the Board of Commissioners organizational structure changes, which are designed to maximize efficiency of service and address the Master Plan's recommendation to align the department by function with lead and support groupsdivisions. It was noted that this was just the initial step in the process of aligning the department by function and that as the realignment portion of the Master Plan is implemented, areas for additional changes will become evident. Since these positions are changing and to ensure fit within the CBIZ "final" report this item was placed before the Board of Commissioners. The department requests approval to fill any subsequent position that becomes open as a result of filling the vacancies.

The department has worked with both Audit-Finance and Human Resources to make sure that all previous position requests did not exceed the scope of the reorganization that the Commission has approved. During this time the overall structure was reviewed to ensure that the organizational structure is properly tiered to maximize efficiency of service and align the department by function with clearly delineated lead and support groups/divisions. On June 28, 2017, the Teamsters Local 696 and Shawnee County Parks + Recreation "met and conferred" regarding this change.

JEK/lrk

parks.snco.us

E 3

DATE: June 30, 2017


FROM: Bill Kroll, Facilities Maintenance Director

Shawnee County Facilities Maintenance

200 SE ih Street Topeka, KS 66603

(785) 251-4490

F 1

SUBJECT: Request for approval to solicit proposals to select a Design/Build team for renovations/replacement of the Heating, Ventilating and Air Conditioning (HVAC) systems at the Shawnee County North Annex.

Note: Once a Design/Build team is selected, a request for a contract with a guaranteed maximum price will be drafted for Commission approval. $100,000 has already been allocated for this project from the 2017 Capital Outlay Budget.

Respectfully,

Bill Kroll Facilities Maintenance Director

Cc: Betty Greiner, Director of Administrative Services

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 SE Adams- Topeka, Kansas 66607- (785) 291-5000- FAX (785) 291-4930

To: Board of County Commissioners

From: Brian W. Cole, Director ~

Date: June 30, 2017

Re: Approval of Contract- Language Line Remote Audio and Video Interpretation Services

I am requesting approval of the enclosed contract with Language Line Services, Inc. to update our current language interpretation services and add remote video interpretation services for the Shawnee County Department of Corrections. The purpose of this contract is to continue to provide effective communication with non-English speaking offenders, and to provide services to those incarcerated who suffer with hearing impairments. This service allows our agency to secure language and sign language interpretation 24 hours a day, 7 days a week.

For language interpretation, our agency will be able to contact an operator who can assist us with effective translation. For remote video sign language interpretation, we will rent the equipment which consists of an iPad mounted on a cart for mobility. The total cost of this service depends upon usage. Per minute costs for Spanish translation via telephone is $1.85 and $1.95 for all other languages offered. Per minute costs for video translation via American Sign Language is $2.95.

Funds are available for this service through our inmate wellness account and this contract has been reviewed and approved by the County Counselor as to form and legality. I will be happy to answer any questions you may have.

BWC:bwc

cc: James Crowl, County Counselor Betty Greiner, Administrative Services Director Tim Phelps, Deputy Director File

)

Doc4Sign Env~lope 10: 22044AEB-2B50-4407-B1 01-8893691DEEFD

SHAW Nt.£ ~OUl' l-l. CONTRACT ~ C.rpl ,-;)_$)47 Language Line Services®

a Languageline Solutions• company

NORTH AMERICAN MASTER SERVICES AGREEMENT WITH

SHAWNEE COUNTY DEPT OF CORRECTIONS

Language Line Services, Inc. (the "Company") and you, the Customer ("Customer" or "you"), agree that the terms and conditions shown below and in all attachments and addenda hereto will apply to the services provided by the Company to you under this Agreement.

TERMS OF SERVICE

1. TERM OF AGREEMENT. This Agreement is a Master Services Agreement for all of the services currently offered by the Company (the "Services"). The terms and conditions for each of the Services are set out in the respective attachments to this Agreement as identified below in subsections l.a. through l.f. (the "Services Attachments"). Please indicate with your initials in the boxes provided those Services you currently are interested in receiving. Additional Services can be added in the future by incorporating an amendment to this Agreement.

.,a. for Over-the-Phone (OPI) Services, Attachment Al Interpreter Services Usage Charges & Schedule of Fees,

D b. for On Site Services, Attachment AZ, OnSite Interpreter Services Usage Charges & Schedule of Fees,

De. for Translation and Localization Services, Attachment A3, Translation and Localization Customer Charges

D d. for Video Services, Attachment A4 LanguageUc® Usage Charges & Schedule of Fees,

D e. for Language Tests, Attachment A5a, LanguageLine Academy®, LLA Testing Fees, and

D f. for Testing of Interpreters, Attachment A5b, Language Line Academy®, LLA Testing Fees.

D g. for Training of Interpreters, Attachment A5c, Language Line Academy®, LLA Training Fees.

D h . for In-Language Services, Attachment A6 LanguageLine® Direct Response•M Client Charges

• i. for Video Interpreting Services, Attachment A 7, LanguageLine®lnSight'M Video Interpreting Charges

This Agreement, and the Services you have selected, will become effective upon the signing by both parties of this Agreement and will continue in effect for the Initial Term (the "Initial Term") identified on the respective Services Attachments for each of the Services, unless earlier terminated as set forth in this Agreement. Upon the expiration of the Initial Term, this Agreement will be automatically renewed for successive one-year periods unless either party provides written cancellation notice to the other at least one hundred twenty (120) days prior to the expiration of the then-current Term. As used in this Agreement, each term after the Initial Term is a "Renewal Term" and the Initial Term and the total Renewal Terms are the "Term." Upon receipt of a timely cancellation notice by either party, this Agreement will terminate at the end ofthe then-current Term.

2. PAYMENT TERMS. Usage charges and fees for the respective Services are set out in the respective Services Attachments. Customer agrees to pay all undisputed invoiced charges for Services in full within thirty (30) days of the invoice date. Any disputed charges in an invoice must be identified to the Company within thirty (30) days of invoice issue date or will be waived by Customer. Customer shall not have the right to set-off any disputed amounts. Amounts subject to dispute once resolved either will be credited to Customer on the next invoice (if resolved in favor of Customer) or added to the next invoice (if resolved in favor of the Company) or as otherwise mutually agreed upon. Invoices will be sent to the Customer billing address shown in Attachment B, or to such other address as Customer may specify by giving written notice to the Company to the attention of Contracts Administration.

3. USE OF SERVICES. Customer warrants that (i) the Services will not be re-sold and (ii) Customer will not use the Services in any manner that may violate any applicable law, rule or regulation. Customer agrees to safeguard its Client Identification Number ("CIN") against use by unauthorized persons. Customer shall be solely and fully responsible for charges resulting from

© 2016 Language Line Services"'. a Languageline Solutions" company or Pacific Interpreters••, a LanguageLine Solutions" company CONFIDENTIAL INFORMATION

One Lower Ragsdale Drive, Bldg. 2 • Monterey, CA 93940 www.Languageline.com • REV 0815 2016

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Language Line Services® a Language line Solutions • company

4. CONFIDENTIALITY. (a) the Company will not disclose any information provided by Customer or Customer's customers/clients, using the Services , including but not limited to personally identifiable information protected under federal and state laws to any person who is not the Company personnel, and will use such information only for purposes specifically contemplated in this Agreement. These obligations do not apply to information which is expressly identified by Customer as not being confidential or is in the public domain. (b) the Company and Customer will not disclose to any person who is not the Company personnel or Customer the terms and conditions of this Agreement or any of the information provided in any invoices or other documents or oral communications between the parties relating to Services. (c) If either party has been requested or is required by discovery request in a litigation, subpoena, civil investigative demand or similar process to disclose any such then that party so compelled may disclose such information without liability after giving reasonable notice to the other party promptly to assert whatever objections the other party desires to prevent such disclosure within such deadlines are required by the governing statutes, rules or regulations.

5. RELATIONSHIP OF PARTIES. The parties are independent contractors, and nothing in this Agreement will be deemed to place the parties in the relationship of employer-employee, principal-agent, partners or joint venturers. Each party will be responsible for paying its own payroll taxes, disability insurance payments, unemployment taxes, any employee benefits (if applicable) and other similar taxes, benefits or charges.

6. LIMITED WARRANTIES AND LIABILITY. THE COMPANY WILL PERFORM ALL SERVICES COVERED BY THIS AGREEMENT TO CUSTOMER IN A PROFESSIONAL MANNER CONSISTENT WITH INDUSTRY STANDARDS. THE COMPANY MAKES NO OTHER REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, OF ANY KIND, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES THAT INTERPRETATIONS, TRANSLATIONS, AND LOCALIZATIONS MAY NOT BE ENTIRELY ACCURATE IN ALL CASES AND THAT EVENTS OUTSIDE OF THE CONTROL OF LANGUAGE LINE MAY RESULT IN UNCOMPLETED OR INTERRUPTED SERVICE. EXCEPT FOR THE PARTIES' OBLIGATIONS UNDER SECTIONS 4 (CONFIDENTIALITY), 7 (INDEMNIFICATION) AND CUSTOMER'S OBLIGATIONS UNDER SECTION 2 (PAYMENT TERMS), AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER FOR CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT AND INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER TO THE COMPANY WITHIN THE PREVIOUS 12 MONTHS AND EXCEPT AS IS PROHIBITED BY LAW OR SUBJECT TO A PARTY'S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION), NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES SHALL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

7. INDEMNIFICATION. The parties each agree to hold harmless and indemnify the other party and their respective officers, directors, employees, affiliates and agents from and against any claims, causes of action, damages, costs, fees, expenses, settlement or any other form of damage or expense relating to (a) a third party claim for an intellectual property violation or a breach of Section 4 of this Agreement ("Confidentiality"), (b) a claim by an employee, vendor or agent of one party asserted against the other party, or (c) the fraudulent or intentionally wrongful act of any kind by the employee or agent of one party resulting in damages to the other party. The Company maintains extensive insurance coverage for its Services. A copy of the Certificate of Insurance will be supplied to Customer upon request.

8. CUSTOMER AFFILIATES. This Agreement will apply to the named Customer. It will not apply to Customer Affiliates" (as defined below), unless such Affiliates are identified by name and location in Attachment B. If Customer will be paying for Affiliates' use, the Affiliates will use the Customer Identification Number assigned to Customer and all of the invoices for all Affiliate use of the Services will be sent to and paid for by Customer. If each Affiliate is responsible for paying its own use of Services, the Customer and each authorized Affiliate will be provided separate Client Identification Numbers and each Affiliate will be invoiced separately and will be responsible for payment of its use of the Services. All uses by an Affiliate shall be deemed to be subject to all of the terms and conditions of this Agreement and the word "Customer" shall be deemed to also refer to each Affiliate. The parties agree that the term "Affiliate" means (1) a company, whether incorporated or not, which owns, directly or indirectly, a majority interest in Customer or (2) a company, subsidiary, or joint venture, whether or not incorporated, in which a 50% or greater interest is owned, either directly or indirectly, by Customer or its parent company.

9. PUBLICITY. Customer agrees that the Company may use Customer's name and/or corporate logo on the Company' website © 2016 Language Line Services'", a Languageline Solutions'" company or Pacific lnterpretersm, a LanguageLine Solutions'" company

CONFIDENTIAL INFORMATION One Lower Ragsdale Drive, Bldg. 2 • Monterey, CA 93940

www.Languageline.com • REV 08 15 2016

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10. ASSIGNMENT. Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party, except that the Company may assign its right to payment to an affiliated company and, either party may assign this Agreement to a successor company without consent, provided that the successor company ratifies and assumes this Agreement in its entirety.

11. TERMINATION. A party claiming the other party to be in breach of this Agreement may terminate this Agreement on thirty (30) days' written notice if the party claimed to be in breach does not cure the alleged breach, unless such breach is not curable in thirty (30) days in which case the party claimed to be in breach shall have a commercially reasonable time to cure the breach. Upon termination of this Agreement for any reason, Customer shall pay, within thirty (30) days of invoice, charges for all Services rendered prior to the effective date of termination. Any disputed charges shall be resolved by Customer and the Company within that thirty (30) day period and any adjustment paid or credited within thirty (30) days thereafter.

12. ACQUISITION OR MERGER OF CUSTOMER. If Customer is acquired by or merged into another Company customer, or acquires another Company customer, the terms and conditions of this Agreement, including pricing as set out in the applicable Services Attachments, shall remain unaffected.

13. ADDITIONAL TERMS. (a) WAIVER OR DELAY. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non -enforcement (b) SURVIVAL OF OBLIGATIONS. The obligations of the parties under this Agreement which by their nature should continue beyond the termination or expiration of this Agreement will remain in effect after termination or expiration. (c) NO THIRD PARTY BENEFICIARIES. Neither this Agreement nor the provision of Services shall be construed to create any duty or obligation on the part of the Company to any third parties, including, without limitation, any persons participating in or the subject of conversations for which Services are provided, and does not provide any third party with any right, privilege, remedy, claim or cause of action against the Company, its affiliates or their respective successors. (d) CHOICE OF LAW. Any action arising out of this Agreement, as well as the validity, construction and interpretation of this Agreement, will be governed by California law relating to contracts made in the State of California and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. (e) BINDING EFFECT. This Agreement shall be binding upon the parties hereto, their successors, or assigns, and upon any and all others acting by or through them, or in privity with them, or under their direction. (f) CONSTRUCTION. This Agreement is deemed to have been drafted jointly by the parties. Any uncertainty or ambiguity shall not be construed against either party based on the attribution of drafting by either party. (g) COUNTERPARTS: HEADINGS. This Agreement may be executed in counterparts and as so executed shall constitute one agreement, binding on all parties. The Headings have no substantive effect and are used merely for convenience. (h) FORCE MAJEURE. A party is not liable under this Agreement for nonperformance or delayed or interrupted performance caused by events or conditions beyond that party's control if the party makes reasonable efforts to perform. This provision does not relieve Customer of its obligation to make all payments then owing when due. (i) NOTICES. All notices to be given under this Agreement must be in writing and addressed as follows: to the Company at the address shown below and to Customer at the most current address provided to the Company, and sent by first class mail, postage prepaid or by facsimile or by overnight courier, and is effective upon deposit with the post office or the overnight courier (such as Fed Ex, D HL, etc.) or if sent by facsimile, by the receipt of the facsimile, except that any notice of termination under Paragraph 11 or any notice of cancellation under Section 1 or notice of different or changed address must be sent by overnight courier or by facsimile.

14. ENTIRE AGREEMENT. This Agreement and all of its Attachments is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement No modification to this Agreement will be binding unless in writing and signed by an authorized representative of each party. If any provision, or part thereof, in this Agreement is held to be invalid, void or illegal, it shall be severed from this Agreement and shall not affect impair, or invalidate any other provision, or part thereof, and it shall be replaced by a provision which comes closest to the severed provision, or part thereof, in language and intent, without being invalid, void, or illegal.

© 2016 Language Line Services"', a LanguageLine Solutions"' company or Pacific lnterpretersw, a Language Line Solutions"' company CONFIDENTIAL INFORMATION

One Lower Ragsdale Drive, Bldg. 2 • Monterey, CA 93940 www.LanguageLine.com • REV 06 15 2016

3

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Language Line Services® a Languageline Solutions• company

The person signing this Agreement on behalf of Customer certifies that such person has read and understands all of its terms and conditions, and is fully authorized to execute this Agreement on behalf of and bind the Customer to all its terms and conditions. Both parties agree that the delivery of the signed service agreement by facsimile or e-mail, or use of a facsimile signature or other similar electronic reproduction of a signature or electronic signature shall have the same force and effect of execution and delivery as an original signature, and in the absence of an original signature, shall constitute the original signature.

Customer Name: Shawnee County Dept of Corrections Language Line Services, Inc . ......................................................................................................................................................................................................... ~ .. ' D'O'clUSI\)lll!t!'IIY:"'"""""'""""'"""""'"""""'

~.~~-~:..~.~~ .. ~~-~~~.~~.~~~.~~~~ ............................................................................................... ~.~~~-~~~.~.~:. .. ~.~-~~~~~.~~~?.~ ..... ~~ ... f..~.S~.\t.t ................ . C4899DFDED494D7 ...

Name (type or print): Name (type or print): Michael F Schmidt

Title (type or print): Title (type or print): Chief Financial Officer

Date: Date 5/17/2017

Prepared by: Dillon Roach Phone Number: 831-648-7579 Date: 04/06/07

Approved as to Legality and Form: uate r-1.

11.,_ ~ f1

~ ( ASST. co. COIJNS LOR Recowed ______________ _

© 2016 Language Line Services", a LanguageLine Solutions"' company or Pacific Interpreters••, a LanguageLine Solutions" company CONFIDENTIAL INFORMATION

One Lower Ragsdale Drive, Bldg. 2 • Monterey, CA 93940 www.LanguageLine.com • REV 0815 2016

4

!2~9.~.!!.§gy21o_e~)p_: 2,3~~~~§~!!~0:~.:4.9?-81 01-8893691 DEEFD ~ Languageline SolutionsSM Company

Attachment A 1 Over-the-Phone Charges and Options.

ENTERPRISE CONTRACT: 181 Yes D No CUSTOMER NUMBER:

INITIAL TERM: 1YR

CUSTOMER NAME: Shawnee County Dept of Corrections AFFILIATE NAME:

ENROLLMENT & SET-UP PACKAGES:

One time set up charge for each client identification number, which includes a detailed monthly electronic statement $275

Each subsequent client identification number with corresponding statement ................................................................ $125

PER MINUTE USAGE CHARGES/RATES:

Price per minute for Language Line Services is based on the language requested and time of day.

TIERS LANGUAGES PEAK* NON-PEAK*

1 Spanish $1.85 $1.85

2 Chinese (Mandarin and Cantonese), French, Japanese, Polish, Russian, Vietnamese $1.95 $1.95

3 Armenian, Cambodian, German, Haitian Creole, Italian, Korean, Portuguese $1.95 $1.95

4 Farsi, Tagalog, Thai, Urdu and all other languages $1.95 $1.95

* Peak= 5 a.m. - 5 p.m. Monday- Friday * * Non-Peak= 5 p.m. - 5 a.m. Monday- Friday, weekends, and holidays (New Year's Day, Presidents Day, Memorial Day,

Independence Day, Labor Day, Thanksgiving, and Christmas).

• There is no charge for standard toll-free access to Language Line Services.

• Per minute rates do not include international calls.

VOLUME SURGE: Language Line Services reserves the right to assess a 15% surcharge for months in which defined

surges in volume occur unless the customer has notified Language Line Services two weeks in advance of the anticipated

increase. A volume surge is defined as a 10% increase in minutes of use from the previous day and the amount of increase

is over 5,000 minutes per day.

Minimum charge per client identification number ......................................................... $100 per client identification number

Platform access per call ................................................................................................................................... $0.25 per call

FCC SURCHARGE AND FEES: Fees to third party telecommunications service providers that Language Line Services has

or will pay to these third parties: surcharges, fees, taxes, payments to the Universal Service Administrative Company

(USAC).

FINANCE CHARGE: Applied to any past due balances. Interest will accrue from the date on which payment is due at a rate

equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law.

PLEASE NOTE: This document is the sole document that reflects pricing for your account. This document must be signed by

an authorized representative from your company. Pricing is only final upon a signature by an authorized officer of Language Line Services. Pricing changes will be made on next full monthly billing cycle.

BILLING OPTIONS: D Electronic Biii ................................................................................................................................................................. FREE

D Hierarchical Bill/Month .......................................................................................................................................... $30/month

D Custom billing fee (per invoice, per month) ............................................................................................... $30/invoice/month

D Historical Invoices over 90 days (per monthly invoice requested) ............................................................. $30/invoice/month

© 2013 Languageline Solutions I All rights reserved. I www.Languageline.com I 07.23.13 Page 1

~~.V.~g.!!._S:g,vfiO£~ _ip_; 23q_4~~~.§:?.§~0;~;I.Q? -81 01-8893691 DEEFD ~ Languageline SolutionsSM Company

Attachment A 1 Over-the-Phone Charges and Options

0 Paper Bill .......................................................................................................................................................................... $10

CUSTOM REPORTING OPTIONS:

0 Custom Report Set-up (per hour) ........................................................................................................................... $250/hour

0 Custom report maintenance ................................................................................................................................... $30/month

SERVICE OPTIONS:

0 Custom 800 line maintenance ............................................................................................................................... $30/month

0 Custom 800 line set-up ................................................................................................................................................... $150

0 Custom greeting maintenance .............................................................................................................................. $30/month

0 Custom greetings set-up ................................................................................................................................................... $50

0 Custom recording for redirection of old/abandoned number set-up .................................................................................. $50

0 Custom recording for redirection of old/abandoned number .................................................................................. $10/month

0 Long distance dial out charge: Applied per dial out (in addition to per minute charges) .................................................... $5

OPTIONAL TRAINING ASSISTANCE AND MATERIALS:

0 Buddy Tags (50 tags per set) ............................................................................................................................................ $W

0 Customized reference and support materials development (per hour) .......................................................................... $4-79

0 Desk top displays (each) ................................................................................................................................................... $-14

0 Language identification cards (each set of 50) ................................................................................................................. $4Q

0 Posters (each) .................................................................................................................................................................. $tQ

0 O'uick Reference Guides Wallet Cards (0-50) ................................................................................................................... $tQ

0 Quick Reference Guide Postcards (0-50) ......................................................................................................................... $tQ

0 Quick Reference Guides and Wallet Cards (each additional set of 50) ............................................................................ $29

0 Training I Awareness assistance (on site per day/per person) ....................................................................................... $§00

0 Training I Awareness assistance (telephone/per session) .............................................................................................. $42§

OPTIONAL INTERPRETER APPOINTMENT AT SPECIFIC TIME:

0 Applied per appointment ................................................................................................................................................. $100

Cancellation per appointment will be charge $200 for any missed appointment.. ........................... $200 per missed appointment

The person signing this agreement certifies that such person has read and acknowledged all terms and conditions, that he or

she has read and understands all of the terms and conditions, and is fully authorized to execute this Agreement on behalf of and bind the Customer to all its terms and conditions. Both parties agree the delivery of the signed service agreement by facsimile or e-mail shall have the same force and effect of execution and delivery as the original signature. ,...

:>-' ----------------------------------------------------------------------------~-- ~ Ci3 "' 0::

&'·.:. ~ g SIGNATURES Language Line Services, Inc. -~ tu

--------------------------------------------------------------==~o~c~usrr.;g~ne~d~bwy:--------------~05 ~ W

Customer Name: Shawnee County Dept of Corrections Accepted by (signature): fltidu.J, f. ~ cJuv..iJl ;; (;j --------------~--------------------------------~--~~~~--------~Q

C4899DFDED494D7... "0 • • Accepted by (signature): Name: Michael F. schmidt en E ------------------------------------------------------------------------------------~e~Le Name (type or print): Title: CFO 0.. ... a.. \.1

Title (type or print): Date: 5/17/2017

Date: Prepared by and date: Dillon Roach 04/06/17

© 2013 LanguageLine Solutions I All rights reserved. I www.LanguageLine.com I 07.23.13 Page 2

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DocuSign Env~lope ID: 22044AEB-2B50-4407 -8101-8893691 DEEFD

Language Line Services, Inc. A LanguageLine Solutions® Company

LanguageLine Solutions "

Attachment A7 Languageline®lnSight5M Video Interpreting

Customer Name: Shawnee County Dept of Corrections

Customer Number: 12877

Affiliate Name if Applicable: Client ID if Applicable:

Enterprise Contract: DYes D No Terms [years]: 1yr

Starting [date]: ____ _

PER MINUTE USAGE RATES- Usage is billed in one-minute increments based on the language requested. American Sign Language .................................................................................................................................................. $2.95 per minute Spanish ............................................................................................................................................................................. $1.85 per minute All Other Languages ......................................................................................................................................................... $1.95 per minute

FEES License Fees ............................................................................................................................................................................... no charge Training Collateral - standard ....................................................................................................................................................... no charge Training Collateral - custom ................................................................................................................................................................... TBD

D Monthly Service Fee

1-10 activated devices .................................................................................................................................... $30

11-100 activated devices ................................................................................................................................. $75 101 + activated devices .................................................................................................................................. $200

D Service Activation Fee ........................................................................................................................................ $2,500

EQUIPMENT OWNERSHIP

D Customer Owned Equipment D Languageline Owned Equipment

EQUIPMENT RATES- The following equipment is available for purchase. iPad Air 2 ................................................................................................................................................... $525.00 each iPad Pro 9.7 ............................................................................................................................................... $725.00 each Table Top stand .......................................................................................................................................... $285.00 each Interpreter on Wheels TM rolling stand .............................................................................................................. $950.00 each

LANGUAGELINE OWNED EQUIPMENT RATES- The following Languageline owned equipment is available for a monthly service fee.

iPad and Interpreter on Wheels stand unit ............................................................................................................... $75 per month per unit

1. TERMS REGARDING SOFTWARE APPLICATION. The Services are provided by Language line through a desktop and/or tablet application (the "App"). The App must be downloaded by Customer to use The Services. Customer agrees (a) that it will not make any copies of the App or attempt to reverse engineer it or make any changes to it; and (b) that the following uses of the Services are prohibited: the transmission of any message or other material which constitutes an infringement of any copyright or trademark; an unauthorized disclosure of a trade secret; the transfer of information or technology abroad in violation of any applicable export law or regulation; a violation of Section 223 of the Communications Act of 1934, as amended, 47 U.S.C. Section 223, or other criminal prohibitions regarding the use of telephones to transmit obscene, threatening, harassing or other messages specified therein; a libelous or slanderous statement; or a violation of any other applicable statute or government regulation

©2017 Language Line Services, Inc., a LanguageLine Solutions® Company CONFIDENTIAL INFORMATION I One Lower Ragsdale Drive, Building 2, Monterey, CA 9394011.27.17 I www.LanguageLine.com

DocvSign EnVJ'llope ID: 22044AEB-2B50-4407 -B1 01-8893691 DEEFD

Language Line Services, Inc. A Language line Solutions® Company

2. INTELLECTUAL PROPERTY RIGHTS. Customer acknowledges and agrees that the App and the lnsightsM service mark are exclusively owned by Languageline, and that neither this Agreement, nor Customer's use of the Services, the App or the Equipment provides Customer with any right, title, or interest in or to the Services, the Equipment or the App, or any of the other technology, systems, processes or other aspect of the Services, including but not limited to any intellectual property rights. Customer expressly agrees that it shall not seek or obtain registrations of, or assert, and is expressly prohibited from asserting or filing, registrations and/or applications for any claims of ownership rights or intellectual property rights in the App, the lnsightsM service mark, the Equipment or the Services in any country, nation, or jurisdiction throughout the world, and is prohibited from copying, decompiling, reverse engineering, disassembling, modifying, or creating derivative works of the App , the Interpreter Services, or any aspect thereof, and Customer agrees that it shall not do so. This provision Paragraph shall survive the expiration of this Agreement and will continue to apply after the Agreement ends.

3. ENCRYPTION. Languageline acknowledges that encryption is built into the App and the Services platform, ensuring the security of the live video as it traverses the Internet. This encryption allows Languageline to fulfill its obligation under any Customer Business Associate Agreement ("BAA") with respect to the Services. Languageline does not record the video call and therefore has no record of the call content. With respect to the App's electronic NotePad•" function, written information relayed during the call is also encrypted. As with the live video, no recording is made of information written on the NotePad•M and therefore this information cannot be retrieved after the call's completion.

4. TRANSMISSION RELEASE. Customer acknowledges that the use of the Services requires that the user's voice, likeness and/or image as well as the user's personally identifiable information is or will be transmitted over the Internet. Customer hereby authorizes Languageline to transmit each user's voice, likeness, image and/or personally identifiable information over the Internet solely for the purpose of the Services, and Customer agrees to obtain such privacy consents, releases and approvals as may be required to obtain authorization from each user to transmit all of the foregoing for purposes of the Services. Customer shall indemnify and hold harmless Languageline and its affiliates and their respective employees from all costs, fees, expenses, and damages of any nature whatsoever related to any claims relating to the unauthorized use of the image, likeness, voice and/or personally identifiable information of any Customer employee, agent, contractor, patient, customer, client or other user of the Services under Customer's control. This Paragraph shall survive the expiration of this Agreement.

5. RESPONSIBILITY FOR UNAUTHORIZED USE. Customer will safeguard its use of the Services against use by unauthorized persons and will be responsible for charges resulting from use of its Services, whether or not such use is authorized.

6. AVAILABILITY OF SERVICES. The Services may not be available at all times due to interruptions, technical problems, and/or system upgrades and maintenance. All interpreters provided in conjunction with the Services may not be available at all times and interpreters will be assigned solely by Languageline.

7. QUALITY CONTROL Customer acknowledges that Languageline from time to time will monitor calls made through the Service for purposes of quality control.

8. EQUIPMENT TERMS (applies to InSight Application with LanguageLine-owned Equipment option only). Languageline agrees to supply the iPads, stands and any other equipment requested by Customer (collectively, the "Equipment") for the duration of the contract for a monthly service fee. The parties acknowledge and agree that this Equipment remains the sole property of LanguageLine and will be returned to Languageline, undamaged, upon termination of the contract, unless superseded by a purchasing agreement. The parties agree that the Equipment will be used for the sole and exclusive purpose of providing Language Line remote interpreting. services and may not be configured and/or altered for any other purpose without express prior written consent from Languageline. Languageline will enroll Languageline-owned iPads in Language Line's MOM (Mobile Device Management) system. Customer agrees that Equipment will be kept only at Customer address (es) listed in this Agreement. From time to time, upon twenty-four (24) hours' notice to Customer, Language Line, during a Customer's regular business hours, may enter the Customer's premises where the Equipment is located to inspect and maintain Equipment. Languageline warrants that Equipment shall be free from defects in materials and workmanship, except when (i) Equipment has been altered or modified without written approval from Languageline, or (ii) Equipment has been used by a person or entity other than the Customer or other permitted users. Customer assumes and bears all risk of loss and/or damage of Equipment, other than normal wear and tear, from the time that Equipment is delivered until returned to Language line following the expiration of the contract. Failure to return the equipment in normal working order will result in the billing of the customer for the full retail cost of the Equipment. Customer agrees that the sole and exclusive remedy for damages or loss shall be limited to the repair or replacement of the Equipment and acknowledges that Languageline reserves all rights and remedies to re-take possession of the Equipment if Customer fails to pay any undisputed invoiced amounts owed hereunder and Customer waives any legal claims for damages in connection therewith.

©2017 Language Line Services, Inc., a LanguageLine Solutions® Company

CONFIDENTIAL INFORMATION I One Lower Ragsdale Drive, Building 2, Monterey, CA 93940 11.27.17 I www.LanguageLine.com 2

DOClJSign Env,elope ID: 22044AEB-2B50-4407 -B 101-8893691 DEEFD

Language Line Services, Inc. A LanguageLine Solutions® Company

The person signing this agreement certifies that such person has read and acknowledged all terms and conditions, that he or she has read and understands all of the terms and conditions, and is fully authorized to execute this Agreement on behalf of and bind the Customer to all its terms and conditions. Both parties agree the delivery of the signed service agreement by facsimile or e-mail shall have the same force and effect of execution and delivery as the original signature.

Customer Name: Shawnee County Dept of Corrections

Accepted by (signature):

Name rntle (type or print):

Date:

Preparer's Name and Date: Dillon Roach 04/06/17

Language Line Services, Inc.

Accepted by (signature):

Michael F. Schmidt, Chief Financial Officer

Date: 5/17/2017

Approved as to Legality and Form: Date .r- ]..1..-t.,

l t~ Rscctvad _____ _

©2017 Language Line Services, Inc., a LanguageLine Solutions® Company

CONFIDENTIAL INFORMATION I One Lower Ragsdale Drive, Building 2, Monterey, CA 93940 11.27.17 I www.LanguageLine.com 3

DocuSjgn Emlelope ID: 8E6F3E24-9B67-429B-9DFD-38D8EE246C79

Rev. 09/2013 ATIACHMENTTO

SHAWNEE COUNTY CONTRACT C. ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The undersigned parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a pari thereof, said contract being dated the ___ day of _______ _, 20_.

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.

2. AGREEMENT WITH KANSAS LAW. It is agreed by and between the undersigned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A., to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. I 0-110 I et seq. if, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnify any contractor for any liability whatsoever.

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

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

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

8. REPRESENTATIVE'S AUTHORITY TO CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf ofthe contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY FOR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

I 0. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vend>r or lessor holds title.

~QlljjJ;Mf;TOR:

ftticlu.J, f. ~~i)J By: C4899DFDED49407 ...

CFO

Title:

5/9/2017

Date:



Date:

ATTEST:


Shawnee County

Office of the County Counselor

JAMES M. CROWL County Counselor

Shawnee County Courthouse 200 SE ylh Street, Ste. 100

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

Fax: (785) 251-4902 Email: [email protected]

MEMORANDUM

TO:

FROM:

DATE:

RE:

Board of Shawnee County Commissioners

James M. Crowl, Shawnee County Counselor

June 30, 2017

Request for Approval of Contract with W estlaw for Online Legal Research Access

Please place this item on the Thursday, July 6, 2017 Commission agenda.

Please find attached a three-year subscription contract with Westlaw Thomson Reuters. The subscription will provide the County Counselor's Office, the Sheriffs Office and the Department of Corrections with continued access to Westlaw for online legal research.

Our offices have agreed to a joint account for cost effectiveness (50% is paid by the County Counselor's Office, 33% is paid by the Sheriffs Office and the remaining 17% is paid by the Department of Corrections).

The rate to renew our contract with our current database access would have cost $1,139.00 per month with 3% annual increases over the next three years. However, after looking into different options offered by Westlaw, we are proposing to upgrade our services to receive access to additional litigation databases. The contract rate with the new litigation databases will cost $1,248.15 per month with 2% annual increases over the next three years.

I would be happy to answer any questions that you might have about this matter.

JMC/mlb

Attachment

cc: Matthew Boddington, General Counsel, Shawnee County Sheriff's Department Brian Cole, Director, Shawnee County Department of Corrections

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~ 36 month Minim,tp~~ Term, ¥~Jhly Charges for the ~cl)nd 12 '!DontiJswill iJe ~%over the first 12 .months; M,ontlily p&arges for tl).e thirii 12:!llwths will be l._,_:%. over the ~econd 12 months'

Automatic Renewal Term(~)- your subscription will. automatically :reneW at the end of the Minimum Ternt. Each Automatic Renewal Tenn will be i2 months in length ("AUtomatic Renewal Tenit') and include a 7"/o price increase uuleS& We notify' you of a different rilte. at least 6o days before each AutoiJllitiec Renewai Tenn tie gins. You 8re ~ responSible fOr !ill Exchi(l(:d ~-E?cchid~ Chlirg~:s rimY c~ ~ ai:Ieas_t 30 dlJys Written. or Qilline Jiotice . .Ei:tlltir .of iis tiJi!Y cand:! in w,riting iii: 'l~ 30 days before an A!rtomatic Renewal Term starts. Se!Ii! your notiC!l of C!lllcellatiop to Customer Service, 610 Qppennan Drive, PD. Box 64S33, Eagan MN55123~1803:. If you ei~ to terminate any of your Pro Flex Products aoiitodocaiions; the Totai Mcmthly diarges will not be adjusted. ·

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___ _,12 month Renewal Term. MOnthly Clulfges fur the first 12 months will be __ o/o· over the Moirtbly Charges in effect at the end of the.Cilrreirt Minimnm or RenewalTerili. · · ·

--~~-~4 rn(lntll R~ewal Te,l"IQ. M.OI\thly Charges :(or th~ :rust. 1.2 mo!ilh$ Will pe __ .% over the Monthly Charges in effe(:t at the end. of the ~t MiJJi!hum or Renewal Term. MQnthly Charges wr the .&eCIJild ~~on~ will be __ % over the first 12 m.onths.

·. ·. ~6 month Renewal_Term. Monthly Charges for the first 12 months will be __ %·overtheMonthly Charges m e£6:;~ at the end of.flte- Cultent Minimlllil or Renewaf Teilii. Moilthly Cliarges fur the· secimd 12 months Will be % over the fiist 12 truiidhs; Moiithly Charges for the l:hird 12 months Will be __ % ovet the second 12 mOnthS. -- , ·

A!,itOJUl!.tiC_ aen:ewal T~ Yoll£ ~~l!}lscriptirui. W:il( ll!iti1Piaticall,y renew 1!1: the end 9f 1{l,e MiJlin\um -:r:,erm. ~ f\.uti:Jl?:lirt.ic .R~,wil T~ will ~ 1~ months ~ length (" Al)tQ~tfc Renewal Terii!j an4 wi:III.de a, 7"~Pric!l increase unless we no-t:ifyyou of a ~t ~at: I~ 6p ~eys befi>~ eacJ! A$~~; R;e~,tewlll 'r6!111 begins. Y9q are ~ xesponsiQle fqr all Excluded charges .. E:x;()lude_d Cbarges may change after at Jeast 30 days written or Qnline notice. Ether Qf us may cancel in writing at.least 30 ¢!,ys before an Automatic. Renewal Term starts. Send your notice of canceliation to Customer Service. 610 Opperman DriVe; P.O. Box 64833, Eagail.MN 55123~1803, If you elect to termillilti: any ofyoilr ProFlex .Products and/Ot locations. the Total Moritfily c:;:h!lfges Will 11Qt be adjUSted. ·

6/1/16 ~7~dot

~ ... -. F Onliii~/CJ>....ROM Products to be Lapsed

FullSVc# OnlinefCD-ROM Products Account #/LQcation

I: WestlaW'Roaming I If.yo\l, ace~~> V{es.tlaw r~guh!~<l \!,irtll. you r~e ro~ing l!C~~ by default Roamwg _jlcf\ess p~its ~-ers lo~ted o~ide ypur desjgriated IP addres~ range tq access W~aw re~~ d:ita we !llayplockroam.ing a~s ~ QUT-Qpt)l)n. Yol}::p~ay choos_\1 tQ ]llock r0al!ifug access by il)iPaling l;l_elc:~\v, . .

lnitja~ ~0 bloc!£ r\)am,ing ~~ess

Miscelfuneous

1. Charges, Payments & Tax~. You agree tp pay all ch!)Igt;S 'm :fuJl within 3(} days of th.e date of invoi<;e. You are respopsibie for any l;lppliGable sales., use, 'l':all!e adC:Iea: hoi: (VAT), etc. unless you in'e tax exempt If ydli are. •a non-govetnnient subscriber and fail to pay your invoiced c;harges, you are ~pqJ:JSible for roliectfon co&.s inciiUding attoini:ys' fees. · ' · · · · ··

~- Ci-~!Jit y ~rific~oil: T:(y{iu ilre_f.!iiplyii)g fqr cr~.di~ ils !til individtiid; :We m~ t!:iqU,~ ll cOtisJ'!ri!er g'i:dit teP9!'t to determine yotir breditwoi:thine8s. -If we obtain a c6rlSUIIier c~ wpprt, you may ~equ~t ~ !lllllle, .ad~~s.,ati!J:-Mepb.Qru: num~ of.J!ie {lge~ tb,l!t supplied the ciediH:ep0it I;fylju are applYing for q-ei!ifqil biilili!f<if ii brisine$5, ~ may request a current business :finanCial statemen(ftom you to consi~ y<>ur reqt!l)St. ·

3. Excluded charges. if you acces-s Westlaw data'or Pra.ctice.Solutiolllj services that are not,i!ll;ltided in your subscription you wili!>!; c;harged ol,!r ~en ~t:rate, J;lx.cl!lded c,hlim~ . Will be invoiced and due with your next payment. . Foi: . yotir reference, · the current. Excluded . Char~ schediiles ·ru:e located at http://SfatiCJegalsolutiorw.thomsonreuters:com/static/agreementlschedide-a-weStlaw:pdf lind h · :If· ·luti. ris.thririiSonretiteiS.cornlstatic/· · · · - merit!schedtil~" concourse-:fiim"Central-caselogistix.pdf. ~eluded Charges may change after ?t 1~ 30 days ~ o~ ·. e !16tice. I\o{pi:hncati6n qfEX:~llided qu;ittes !>r Schedt!le Arnres is I!ut a basis f()rtemiinati<>n 1nu;ler T~llll,. Termin!!tion of the GC!leral TCII!lS an9 Con,clitions, · · ·

4. Au: to Charg~ Credit Carii!J\:lectronic Funds Transfer ~~~ction Payment l't=l$. You may authoiize us to. automa):i!;ally cbarge, l!:.~re.illt qard ()r debit anil ~lc:cl;r<>nic :(il1ld ·trfulSfeftO pay Cliarges doo. COntact CUst6mer service at 1-800-328-4880 for authorization procedures. If you are aut:Jwrizing. as part oftllis order, orhavtl already authorized us to 9ill a. credit card or debit catd cir fuiike clectrotiic fund transfer· for West $ubscrijitiOriS oil. an ongoing basis; no fiiither action is needed. . .

5. Retu:tiiil and ~efuilds, YoiJ. m~y refui;p. a print iir CD:R.OMfDVD IJrb!fuet to us withln45 daYS of the origirial shipment date if you are riot completely.,satisfied. ASsUi:ed Print I>tjci!Jg, Lj]JJary Say_~gs P.)~ West Cptitpt.ete,. :WlJiWY !1-fi!.mteliat\ee ~ents. e_P&;k, WeSt:Pllck, Westliiw, CLEAR, Moriitor §)iitc:, ProViey.r eB~ SoftWare; West ~LegalEd.etmter, Pr_actice .Solutiollll, TREWS and Serengeti c~ges are not refundable; l:'Jease see http://statie.legalsolutions.thomsonreurers.com/staticltetums-refunds.pdf or contact CtiSt6met Service at 1..800~3284880 for additional details re~ariliiw our policies on returns .and refunds.

6. Transportation Charges. Print and CD-ROM ProduCts/DVD ProdUcts are shipped F.O.B. origin. Transvortaiion charges will be added fore1<:Jledii:ed shipments made.at yol!l' request and fur i$rilatioJ!~ pi'<i4iict deliyezy. ExiK;difu4 shipments and iritefiiatiOnal p~o411ct Shipments 'will ~e chatged lit out then CUrrent cilirier rate.

7. ;Ap~li~:able Law. This Or(}~ Fofl!l will be i~rp~ ~der ~inm:sgtl!s~ law, Al,ly ~llilip. b.Y ~nc: <if~ ri!aY bebroilght in ~e stat: or federal l\'Ql,lrts lil Mi~es'?!a. !fYi:lli are a state or local &OVermnental entity, your state?s·law will apply and auy c}atm. may~ brougbl; m the state or fed~ cQl,!rls locllfed m yo:Qr ~te. If.yp.\1 are a Vmt¢ States Federal Goveininentsubsi:riber; United States federilllaw Will apply and any claim may be broughtin any:(edetal COiJit.

8~ General Tetms ·and CondifioilS, apply to all produCtS ordered, except print and is loeated at htto·listatic legalsolutions.thomsonreuters.cornlstaticfgeneraHerms• cqnditions.pdf, ill, the event of!! 'coh:flict between the General Terms and Conditions and this Order F 01'1D; ili.e terms of this oi'di:r Fortn control. This Order Fohn: is SUbJect to our: apprgva(.

9. Product Speclfic Terms.. The following preducts havtl speciiic terms. '1\\'hich are inCOIJlol"llted by referert:ce an4 in3d.e part of ~is Order f.<iiJII jftqey at>:P1Y 1Q Yot!t i>rdm;They can be fuund. at http://stafu; JegalsolutiQns thmpsonre\iters.com/static/product~snecfi:ic-tenns.pdf " if th,e pr()d~Jcl is not part of your ord~r. the .pf()~'Jct wecific;; te~ dO hot apply. If there iS a coliflict betWeen product specitlc terms and~ brdet Form, the pf()duct specific teiWS CQ!li;rol.

• aaow.u~ Re8earch • CI).;R.dMP~odl!eisfDVDprodu($

ContaetExpress • !:l~e4 Prlidtice .SolUtions

J;>toViewe~ks • time .and Billing • West kin sofhvilie ~ westi.egaJEd•

Westlaw DOc & Fonn Builder • W estl!lW Paralegal • Westlaw Plitron.Access

ACKNOWLEDGMENT I wmam:·thiit I am au\horized tO- acCept these tenns and CIJilditioliS on bebiilf of Subscriber,

Printed Name

~Title . _·_· -..,...-----------...,------Date

Signature :! For Credit Card Transactions-only: __, __ M~r Card ---- A,mE:a:

EXpir. Date Total Amt. to Charge for this.Order Card# SubsCri · ' fat this. order will be billed to your WeSt~ acci>Jmr urlless automatic credit card or electron,ic funds tiansfers liave been se aratel antitOJ:iwl. 6/1/16 SAMJnet 64-7 .d(lt

West/CLEAR PROF LEX Attachment

Locations

1000241692~

1 00053-37 45

N~e SHAWNEE COUNTY cpq~sELOR . . COURTHOUSE SHAWNEE COUNTYCORR DEPT . ..

~~~cikN\1=STlGATNE

Addr~s 'City, StaieZip 200 SE iTH ST STE 1 oo TOPEKA,, Kansas 66603

~Q1 ~E &TtiAVE TOPEKA. Kim~as 96!)07

1003398123 SHAWNEE COUNTY SJ-I{::RlFF

320 S ~NSAS AVE STE 200 TOPEIQ\, l.<ansas 6660~

"** denotes pnmary location

West PRO FLEX Products and Components

42933475 it!ga:tion Coilection

42077755

·[National Prin!ruy LaW

La edO T lCDb' L r iPS n tne OY qca !.on Account# . SerVice Numller Product Name 100024169? 40757482 WL\ivEsr PROFLEX BANOED

,.

Billing PJI(ttlic>d .. . . De<;entralized Billing ~Y Customer Defined Allocation

All9cation so:oMo

33.0000

Quantity ·· lJsef: Type . 6 Aitom~;~y

6 Attomeiy

Total Montflly Charg~:$1,248.15

E:aCll participating accOunt location with the sul:;lsqnb~r firm/organization will receive a mgnthly' inv()ice aflcl f1S~ge r~port, Eac}i location . identified per the West PROF LEX Addendum wiil be invoiced based on a percentage allocation of the monthly rate assigned per the allocation indicated below. · ·

@:>West, a Thomson Reuters Busines.s 2008 Page 1

AThomson .Reutws bus;l.nes!1

Goveril.ment Accounts Only

Addendum to West Order Form for WestlawPRO Orders

subscriber: SHAWNEE COUNTY CQUNSEL()R A,¢c9tuit #: 1 000241692

Date ofQrd~r :Form: 6-28-2017 --~----~~~~~------~--~~~------~~--~--------~~

1. Effect ofAddendum. The underlying Subscriber Agreement for Westlaw and CH-ROMLibraries, West Otder Form and Schedule A Plan 2 WestlawPRO (collectively the "Subscriber Agreement"), between S-ubscriber and West ls amended as specifically· set forth herein to 'incorporate the terms of this Addendum. As arr1ended, the S11bscriper Agr~erilent sha:ii remain in :@1 f0tce and effeqt accor{ijng to its telti\S .and. co:ndit1on.sAll termS used in this Addend.um shall have the meClllin~ attributed ~o ·them i:p. the Subscriber Agree,m.ep.t, tJ:iis Addendum supersedes any and all. prior understandings and agreements, orai or vvritten,, relating to the Sll.bjeet matter. Irt the event there is a conflict between the ter111s and conditions of the SUbscriber Agreement and the terms_ and co:udi#oi:iS ofthis Addend~ the te11'n,S an,d conditions of thi$ Ad<lendti.:tn shall co:utroi..

2. Modification of Order Fo'rm··Non Availability of Fimds. If Subscriber fall$ to :receive sufficie!lt appropriation of flirids O.t authorization for the expenditure of suffiCient funds to continue service under the otder Fob:n, .or if SUbscriber receives a lawful order issued in otfor any fiscal yeat dlll'hig the Minimum Term or Rep.ewai TerJ:IJ. of ihe Order Form that reduces the :funds .~ppropriated or atrthorized ln. such amounts ·as to preclude making the pa.y:m,en~ set out therei:u, Subsqriber inay submit a written, nQtic~ to West seeJcing c;mceUation of the serVice~ the SJJ,bscriber A-greement and tl1e Qrd,<:rr ;Form., if permitted und,er applicable law. Subscriber shall provide West with notice not less than thirty {30) daysprior to the date of cancellation, and shall hiclude a written statement docunienting the reason for cancellatio~ includirig the relevant statutory authority for cancelling, a:ud an official document certifying the no11-avallability of funds (e.g., exe¢utive order, all off;icial,ly printed budget or other offiQial gove;rwp.ent coJ,llJl).unication). Upon West's rec.eipt of a valid cancellation notice, Subscriber shall pay all charges incurred for any products and/or services .received prior to the effective date of the cancellation (and in the case ofpr:fut!Cb-ROMproducts, return all unpaid priri.t/CDR(>M prod11ct$ lllicl upda:t;¢s).

West, a Thomson Reuters busineSs Subscriber

~ Signed; ------------'-----'--------------

Accepted by:----~.,...-------- Name (please print):_,......--------......-

Title:---'-------'-----~----'------- Title:-------------------------

Dme=~---------------------- Date:-------------------

Approved as to Legality

ncs.-te~l"''\~ ate G- i/J- Jet?

511111 SAMinet 0. COUNSELOR

.&14.dot

Rev. 09/2013 ATIACBMENT TO

SHAWNEE COUNTY CoNTRAcr C. ___ _

CONTRACTUAL PROVISIONS ATTACHMENT The unden~igned parties agree that the following pro~ons are hereby incoipOillted into the contract to which it is attached and made a part thereof, said contract being dated the . day of -------..J 20_. ---

1. TERM!! HEREIN CONTROLLING PROYJl!IONS. 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 incotporated.

2. AGBEEMENT 'WrrB KANSAS LAW. It is agreed by and between the unden~igned that all disputes and matters whatsoever arising under, in connection with or incident to this contract shall be litigated, if at all, in and before a Court located in the State of Kansas, U.S.A, to the exclusion of the Courts of any other states or country. All contractual agreements shall be subject to, governed by, and construed according to the laws ofthe State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A 10-1101 et seq. It; in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its cwrent fiscal yesr. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its cwrent fiscal yesr. In the event this agreement is tenninated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal yesr. The temrination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

4. DISCLAIMJi:ll OF LIABILrrY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnify any contractor for any liability whatsoever.

5. ANTI-DISCJUMINATIQN CLAusE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et 11eq.) [ADA] and to not discriminate against any pen1on because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A 44-1031 and K.S.A 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract underlltand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

6. ACCEPTANCE ()}! CON"J'RACf. This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Commissioners of the County of Shawnee, Kansas.

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

8. REPRESENTATIVE'S AumORITY To CONTRACf. By signing this document, the representative of the contractor thereby represents that such pen~on is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. REsPONSmU..ITY FOR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

I 0. lNS!JRANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claima Act (K.S.A 75-610 I et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

~-·---~ ~-S~A-J~

Title:

Date:



Date:

A TrEST:

Cynthia A Beck, Shawnee County Clcrlc

Shawnee County


JAMES M. CROWL County Counselor

Shawnee County Courthouse 200 SE ih Street, Ste. 1 00



MEMORANDUM

TO:

FROM:

DATE:

RE:

Board of Shawnee County Commissioners

James M. Crowl, Shawnee County Counselor

June 30, 2017

Request for Approval of Contract with W estlaw for West Complete for printed materials

Please place this item on the Thursday, July 6, 2017 Commission agenda.

Please fmd attached a three-year subscription contract with Westlaw Thomson Reuters. This subscription will provide our department with annual copies of the Kansas Court Rules and Procedures (Federal, State and Local) and the Federal Civil Judicial Procedures and Rules.

Westlaw is now offering a flat-rate contract for their book titles. The annual cost of these titles without a contract would run approximately $500/year. By entering into a contract, we receive a 50% discount on the titles and Westlaw guarantees us to a 5% increase per year over the next three years (books costs generally go up 12% per year).

In addition to this savings, we have also eliminated our subscription to two other book titles we previously had been receiving, which will result in an annual savings of approximately $500.00.

I would be happy to answer any questions that you might have about this matter.

JMC/mlb

Attachment

SHAWNEE COUNTY OONTRACT # Ci~3-.'UJ\J

~T Q;RQE~ f()R,M ~For "VVestCompl~te Print and l>roView eBook Pr.odticts Only 610 Oppennan Drive, P.O. Box 64833 St. P!tt!l~~ 55.164-1803 Tel: 651/687~8000

Check~Weataccountstatusbelmvasappiica6k: RepName&Number DAYJD.F. OWENS:- 0013961

N~w . (:N:A.CI ]!'OJI)l ~ttru;be9) Existing with Increase Credli:Limit __ . (NACI Form attaChed)

ExiSting with no changes X EXisting with changes __ (Pcmnarrenr name cha.I}~ must attach a Customer :Name Change Form)

. -.. >If.

. '!!-'· .

• ):1:1

.·.·~

l-.,...,.-~-,----:7"~.,.,-~,..-,-~~-,---~-.,-~...-,-.,------~-~-~~~~-----.---·--------.--------------l .0 Acct # 1 OQ024169:2 Quote if ---,,----------'- PO# --,...-------~-- Date 6~Z&-17 . · Cl . Name/Subscr!ber SHAWNEE COUNTY COUNSELOR Bill ToAcct# ·~

. ~~----~~~ ~

Oider (;q:(d'jrinatiQn, Cqnt,a¢tN:ame MEGAN BARREIT . .. ~~--...---~--------------~----~--------------------------------~4 ~· E~Ma1I MEGAN.BARRETT@SNGO;US · t;,

Westlaw .Password CoutactNiune(forpassword delivery) MEGAN E{A.RRI&'f ! :~

1}-~1 MEGAN.BARRElT(@SNCQ.US

... ~··

PermanentAddress ChAnge _____ One:-Time,Ship To ____ . _ Additional Ship To _ ... _. _. Additioilal Bill To ---~·--·-

·.~

N~e ------~~------~------------~--------------~--- Attn; --,----,,---.-~----~-----t .·2: .,... t.~ Addtess Sl,lite/floor

~~~~~~~~~----~~~~~~~~--------~~---------- --~--------~4-~

CitY ....-----~-----,-----------------"""""'- State Count}' Zip ----------~~-----4·~~ l;oJ

West.Complet~ Print .

Pi,:qgr1nn ID:

J'ullSvc# Print Proditcts Other

406.6642() West Com lete

SeeA.ttadnnent (9Bs.do~) for prmt prodllct detail; which is incor.porate(l 'by reference.

Monthly Char~es be~ on the ~ate West Pt!blishing Corporation t'West'\ "we,; or ''our") processes Subscriber's ("you" or"'") order and will continue fur the tet.m of complete calenilar mcinths you initial belm"" ·

Jj~g y~ur s.W!s<:rip~p,n .~rws, you will receive ~sqiptionseJ;Vi<:C~~ co11sistWg q(auto~ s4iPIIICll~ qf up¢1tes ·anii suppll:lJlq$ to·the pqm prod~gt,. jnclu~g but qot limited to poek!lt pa¢;, pampblets, ·replacement volumes, or lqo~-leaf pages. For eBook pr9d!ICIS you will recelve l!Pdates tl) tht;: m,ost cm-re.nt v,ersii>n of~ edition ofthe eBooks Which~ aylli!ilble dUring your subScrlptionterm, I:f;you temiinare any West coinPiete Print prOducts during the Minimlim Term or subsequCi:itRettewa:I Term, the MOi:ttl:ily ci¥u-ges wlU not be 1111JuSni4. We w.i1l c<mtactyou i:f any ofU!c: titles are ilo Iongedlonimercia!ly avliililble. You will then have 60 days to choose a: replacement title of equal or lesservaluct

Initialllelmv to select the Minililiim Term.,

_____ .24month~J;rimum Term. Mo¢1Jly Charges for lbe seqanqli.:~n~ths will bt;6%.overjlu;-fust12 months.

~ __ __.__.~6 month ~nimum TeniL~Iionthly' Cbatge5f'ar the second 12 months will be 5% overthefust i2 months; Monthly atatges fur thet1ririi 12nioilt.il.S :will be 5% over lhe second 12 morli:iis. ·

_. ___ . _fu.ffial~ f9r ,Aql;qmatie RwetVil! '!'CD!l~ 1 reql,!est W:est j:Q contipu~ supscription, ![~~.for the products listed ai)Qve aflef the Minimum, Tenn. Eacb, Al:!tomati,c Renewiil Term will 11.'1 12 moWfis in l~ (''Autom$!ic R~newa'! 'term1!)1llli:! inclui:!e a. 7%pricce: increase, unless we. n,QJ:ity You oh.different rate at lei!$t 6!)·days before ~ }\titQmllti!: Re)lewal T'etnl. be~. Ew;b Renewal Term Willbe twelve nionths in il1hgt:Q .. Renewal Monthly Chaiges Will be 7% over theMonthlyCharg~ m effect the mbi:tth before the Renewal Tetn1 startS Uiiless we notify y'OU·of a dlffi:rentrate atleast60 dayS; beforii the.Renewal Temi. Either of us may can:cel in Writin~ at leaSt 30 days befOre liD Automatic Renewal Term starts. Send youi notire ·of canCellation toCustQi:ber SCiviCe, 610' OJiP<fu'nan])rive;<I•.o. Box: 64833, El!gaiiMN ~~~~1803. ·

Yow West ~es reptesentat,ive will provide frequency of upqa~s upon request. T~portat:iog. charges, returns and ~ infotmit()n is in the "¥iscellan~u~ ~on i;!elow.

6/1/16 SAMinet 713.do.t

r.· : .. I.:;, .···.:1 >, '', .~ ~

·;·.'.'.':::>· '. ~- ·. ,.,,·, - .

s.ub:M:atl# Print Products Current Monthly Char_g_es * 40666551 I West Corripl~te I

* Renewai TetinMonthiy dilif&es will oe_ba.Sed ori the Monthly CharktlS iii effect, the )J16J1~ bef'ote the Renewlll T~ stljits. Tliis !IID?nnl; ~ay b.e djtferep.t fl:o!.ll th!: ¢!1Jrent Monthly Chatg~ shown above·aifd ma:y in9lude prodti$. froni A,ttli$ile¢ (98.8.dcrt) which, ifappli~!e. js incol]lqrat~<d, py re.f!l!C<~ce.

~g y~ur-~l:Jscription terms, you w,iii ~c;ive su'l/sc#ption ser:vl~ C<!nsiSting of atrtomati.c shipments (Jf updateS and supplements to the print produCt, iilcluding but riOt limited *o pqj;k~ p~; parnpJ:ile.tS, rq)Jac¢mentVQiumes; odoose,leaf p~. :For eBook proifucts you win reeeive updates fo the moSt: c~.vciS!o!I ofe.at1h ¢ition ¢'the eBooks \Vhich art;i: availlibJe· durihg .your subscription 'teiJ.a If you terminate any of your WeSt Complete Print pTQdu\)ts during any ReneWi!!TiiJW, ~e.Mo,titliJy C.!Jarges will not be li4jusred. · · ·

Init'iljl belo'ff to s.~e~t Re~ewal Tenn.

-:-c:-:"'""=24 month Renew:il Term. Monthly Charges fut the first 12 moirths will be 6% over the Monthly GJ!iu:gez! in effi:ct the j:tioiith befqfli. t!Ie ~eii~'Wlti Term starts. Morithly Charges tot the second 12 IiiOi:J.ths will lie 6% overtiJe fii:s.t g riJ.oiit!is, ·

.. . · 3(i .mon.th R~J!.~al Term". :r-.fon.iltJ¥ Charge~ :t'or the :trrsf 12 months will b'e 5% ov.er the Monthly Charges 1ne:irect the moirth before the Renewal Tetm stilrtS. ¥ontl:ily Charges for d!e second l2 months wili.. be.$% overthe first 12 months; Monthly Cha:r&es for the thlrd l2 moirtlis will be 5% over the setoiid 12 iriilnthli.

--. _Initials for Automatic Renewal Term. I req.Uti$t W§t to oontm~.~ubsctijitiqn serVices for the productS ~~-~ve lifuii the Mfuiril'!l¢ Tenp. :pacb_J.\ufuiQlitic Reil:~ Term will be 12 moirths in length (''Airt<)m,it)ic gerieWai Teirit''} anq !ncluil~ fl7% Pri9e i,itcre&s~ ~s vre. J:lOtifY YOU of a ififfCl"\)llt rate; at le3$l6p da,ys ~efpre each. AtitollllUie Ren~!iJ 1:ern) b(!gms, EIK.ili :Rep~~ Ten:p. will ~etWe1"\':l' ~()~,in ieJ!gfh, Re1,1ewal Monthly Charges WI11 be 7% over tile Monthly ~gesin eff'ec;t the m:onth :befOf!' ~RenewarTerm starts l.!I!iess we P.Qtlzy Y9U of11 di&:J;j:llt J:atei at l11.ast 60 days before the Renewal Tem;t. Either of us may cancel in writing; atleast 30 'days before an ~tomatic R~ewal Terms~. Send yournoticeof.cancellation to Customer Serviee; 610 Opperman Drive, P.O. Box 64833, Eagan MN 55123-1803.

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Accepted by

Title

Date


an "....- 3t>- 17

SAMmet L052.dot

Shawnee County


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: [email protected]

MEMORANDUM


FROM: James M. Crowl, Shawnee County Counselor

DATE: July 3, 2017

RE: Contract Amendment with SMG (C254-2006, C246-2012)

Please place this item on the Agenda for the Thursday, July 6, 2017, meeting of the Board of County Commissioners.

This item is a proposed Amendment to the County's contract with SMG to manage the Kansas Expocentre. The primary focus of this Amendment is to amend the term of the current SMG management agreement by moving the termination date from December 31, 2017 to August 31, 2017. The adoption of this Amendment is necessary to accommodate the September 1, 2017 start date for management services negotiated with Spectra Venue Management.

The Counselor's Office recommends that the attached contract be approved. Please contact me if you have any questions regarding this item.

JMC/mlb

S~~E ~()UN'l'Y CONJ'lM-Cl' JSO. C ~d.£:{

SECOND AMENDMENT TO AGREEMENT FORMANAGEMENT OF

PUBLIC ASSEMBLY FAClLr:t'IES

4017

THlS .SECUNJ) ~NllMENl' TO AGREEMENT :FOB. 1\lANAGEl\tENT O:F P·UBLiC ASS:EM.aLV :FACJLJ'l'll"l'S (this "S~cQn«f A.Jnen4meii,t") is dat~d as of the 6th d~y ofJqly, 2017, by ru:J,d b~twe~n ."']Ui: )3QARD OF COUNTY COMMISSIONERS OF THE QOUNTY OF SHAWNEE, KANSAS ("Own:er") and :SMG, a Pennsylvania general parttietsbip ("SMG'').

BAcKGROUND

Owner and SMd entered into. ®Agreement fot Ma,na.gement of:Pu:t>lic AsS$.nlbly Facilities (Shawnee Cou.p.ty Contract No. 0254.,2006) qategfo.;u~:24, 2009:, (the "t\greep:t_tmt'') whe:t;epy SMG w~s .retajned l;ly Qwn,e.r tp :t:l;\a,D.age, operate 'ID.d promote the Facilities on the tert11S provided therein. Unless otherwise defined in this Amenameht, capitalized terms used ih this Amendmen.tsha11 have the meanings ascribeci to them in the Agreement, as ame:r.tded.

Owner and SMGenteted into an Amendment to the Agn~emelit (ShaWnee County Contract No; C246-'Z012) on March 5, 2012, extending thetetm. of the A.greettwnt to. December 31, 2()11,

SMG in its ca:pacity as maMgip,g ageht 6fthe FaqiHties has ¢;tt,t~ed ittto cpn.tracts the e'SMG Co:ntracts~'), e,g.3 ~with facility U$ers, vendors ang the County an.g Hotel.

Put.SUMt to Section 16(K,) of the 1\greem<rnt; Owner and,:SMG desire t{) enter inte thi~:J Secon:d. A.nu~nctment to the Agreement with the intent to super-sede certain tenns and conditions containedJn the Agreement and the Amendment.

NOW, THEREFORE, in consideration ofthe mutual ptem:ises, covenants and agreements herein contained, the parties h~eto, .intending to be legally bcrund, h~teby agree $ :follows: ·

Tertn of Agreement. The term of th¢ A~mer1t shall e!ld on August 31., 2Ql7,

2. SMG Compensation. Within 30 days following the expiration of the Agreement, Own~r shall pa.y SMG the total base management fee ($173;167 :24) aitd full incentive fees ($173 ,167 .24) due lllider the Agreement, iess any arnolilitptevioilSly paid.

3.. Programming Fund. Upon the expiration ufthe Agreement,. any fund& remaining in the Programming FWid shall he tranSferred to the Cou.nty. ·

4. Ass:utnption and Assignment of SMG Contracts. Effective as ofthe tettninatioh of the Agre~merJ:t; Owner het~by a~:m~pts assignm~t of th<:! SMG Contrac~1 assum~s tlu:! perforJllallce of all terms. covenants and obligations of SMG to be perferm.ed under the SMG

# 147226~ v. s

Cogtra~ts, :and ~grees to O:e~nd, indemnify and hold har.i:nless .SMG against any cost, ~xpe!i$_, li~pilicy or claim arising under any SMG Contract. ··

5. Expenses. Owner shall pay all expell$es incwrec! by SMG in cotm~Gtio,t~. wlth the Agreement. Owner's obli~atiot:i to pay such expen.ses ~hall survive the tertQin~tiqn Qf the Agreemetit.

6. Effectof Amendment. ·'Ihi$ $eq:md Atn,enchnen.t supersedes and controls .over 34Y ~Qntrm:y prQv,Wions il! the Agree1Jlent and Amendment. The.Agreenieil.t and all terms and co1;1ditions thereof shall remainumiltered and in full force aiid effect an.d are hereby .~;~tiffed and confirmed in ail tesp~cts, as hereinabove amended, Any re:f'erence:i:tl the AgJ!e<::m~nt Qt in aily iri.Strtll'!ient, documefi.t or c.onsideration exect.l,ted qr deliv~red purstnmt to the Agreement to j~ Agreement", "hereof~, ''hereto'·\ anci ~'heteUAder"' and similar references thereto shlill be deemed i:!nd CQ:tlstru.ed to be a referem:e to the Agreement, as amended by this Aiuendinent.

7. Governing Law. This Amendment will be governed by aiid construed in accord~ce with the internal laws of the State of Kansas, Without giving effect to othetwtse applicable principles. of conflicts of law. ·

8. Coiliiterpa.rts. This .Amendment may be ex:ecuted in anY numb~r Qf counterparts~ each o.fwhioh Wil1be deemed to be an. original at:td aU (}fwhich, when ta.ken together, will be qeemed to constit]lte lmt one and the same agree~ent.

9. PoWeNmd Authority. Each party b,ereby represents and warrants to the other tfult eachhas fUll legal right, power and authority to enter into this Amendment and to petfol'JJ1 its respective obligations hereunder .

. [Signatures on FollQwing Page]

2 # !4'72263 v .. s

Witness:

IN WITNESS WHEREOF> this Atn¢J1¢:n¢nthas hee11 sh1lyex:ecutedhythe patties h¢tet()_ as oft'he day and year first above written.

BOARD OF COUNTY COMMiSSIONERS SHAwNEE CoUNtY, kANSAS

BY=----~-------------------Name: Robert E. Archer Title:. Chair, Board of Cotifity Co:rnm:issioners

ATTEST:

SMG

.By:~~·~.~ ·Name:~ • Jol:ln F. Burtl§ . Titl~: · Chief' Financial Offi~r


and F tv -b-17

.()lJNSELOR

3 # 1472263 v. s

Shawnee Cc Office of the Coun

JAMES M. CROWL County Counselor 200 SE ih Street, Ste. 100



MEMORANDUM


FROM: James M. Crowl, Shawnee County Counselor

DATE: July 3, 2017

RE: Contract with Global Spectrum, L.P. dba Spectra Venue Management (Spectra)

Please place this item on the Agenda for the Thursday, July 6, 2017, meeting of the Board of County Commissioners.

This item is a proposed contract with Spectra to manage the Kansas Expocentre. The proposed contract commences on September 1, 2017 and expires on December 31, 2022. The contract contains an option for the County to extend the contract for an additional five (5) years. Under the proposed contract Spectra will be making a $300,000.00 capital contribution to the facility. Spectra will earn a base fee for the first four months of the contract, and beginning on January 1, 2018 and each year thereafter, Spectra's fees will be incentive based.

The Counselor's Office recommends that the attach.ed contract be approved. The approval of this contract, in conjunction with the SMG contract amendment, will allow transition planning and execution between these two companies to commence. Please contact me if you have any questions regarding this item.

JMC/mlb

'I W·

SHAWNEE COUNTY CONTRACT NO. 0::Wtl2017

MANAGEMENT AGREEMENT

between

SHAWNEE COUNTY, KANSAS

and

GLOBAL SPECTRUM, L.P. d/b/a SPECTRA VENUE MANAGEMENT

Effective September 1, 2017

MANAGEMENT AGREEMENT

This Management Agreement is entered into on this _ day of , 2017 and made effective as of September 1, 2017 ("Effective Date"), by and between The Board of County Commissioners of Shawnee County, Kansas ("County"), and Global Spectrum, LP, a Delaware limited partnership d/b/a Spectra Venue Management ("Manager").

RECITALS

WHEREAS, County owns the Kansas ExpoCentre, located at One ExpoCenter Drive, Topeka, Kansas 66612, which includes a 7,777 seat, 22,400 square foot multipurpose arena known as Landon Arena; an attached 44,500 square foot Exhibition Hall; an equestrian space known as Domer Arena; a 7,200 square foot space known as Heritage Hall; and a 20,000 square foot space known as Agricultural Hall (collectively, and as further defined in Article 1 below and as shown on the diagram attached as Schedule 1 hereto, the "Facility").

WHEREAS, the County desires to engage Manager to manage and operate the Facility on behalf and for the benefit of the County, and Manager desires to accept such engagement, pursuant to the terms and conditions contained herein; and

NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows:

ARTICLE 1 DEFINITIONS

Section 1.1. Definitions. For purposes of this Agreement, the following terms have the meanings referred to in this Section:

Affiliate: A person or company that directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with, a specified person or company.

Agreement: this Management Agreement, together with all schedules and exhibits attached hereto (each of which are incorporated herein as an integral part of this Agreement).

Capital Expenditures: All expenditures for building additions, alterations, repairs or improvements and for purchases of additional or replacement furniture, machinery, or equipment, where the cost of such expenditure is greater than $5,000 and the depreciable life of the applicable item is, according to generally accepted accounting principles, is in excess of five (5) years.

.,

Commercial Rights: Naming rights, sub-naming rights, pouring rights, advertising signage, sponsorships, branding rights, premium seating (including suites, club seats and party suites) of or related to the Facility.

County: shall have the meaning ascribed to such term in the Recitals to this Agreement.

CPI: The "Consumer Price Index" for the local Topeka area, as published by the United States Department of Labor, Bureau of Labor Statistics or such other successor or similar index.

Effective Date: shall have the meaning ascribed to such term in the opening paragraph of this Agreement.

Emergency Repair: The repair of a condition which, if not performed immediately, creates an imminent danger to persons or property and/or an unsafe condition at the Facility threatening persons or property.

Event Account: A separate interest-bearing account in the name of the County and under the County's Federal ID number in a local qualified public depository, to be designated by the County, where advance ticket sale revenue is deposited by Manager.

Event of Force Majeure: An act of God, fire, earthquake, hurricane, flood, riot, civil commotion, terrorist act, terrorist threat, storm, washout, wind, lightning, landslide, explosion, epidemic, inability to obtain materials or supplies, accident to machinery or equipment, any law, ordinance, rule, regulation, or order of any public or military authority stemming from the existence of economic or energy controls, hostilities or war, a labor dispute which results in a strike or work stoppage affecting the Facility or services described in this Agreement, or any other cause or occurrence outside the reasonable control of the party claiming an inability to perform and which by the exercise of due diligence could not be reasonably prevented or overcome.

Existing Contracts: Service Contracts, Revenue Generating Contracts, and other agreements relating to the day-to-day operation of the Facility existing as of the Effective Date, as set forth on Exhibit B attached hereto.

Facility: shall have the meaning given to such term in the Recitals to this Agreement, and shall be deemed to include the entire Kansas ExpoCentre complex, including but not limited to the arena, suites, locker rooms, meeting rooms, box office, common areas, lobby areas, executive and other offices, storage and utility facilities, convention and exhibition space, equestrian space, stalls, and community event spaces, as well as the outdoor areas as identified on Schedule 1 hereto.

FF &E: Furniture, fixtures and equipment to be procured for use at the Facility.

Fixed Management Fee: The fixed monthly fee the County shall pay to Manager under this Agreement, as more fully described in Section 3.1 of this Agreement.

2

General Manager: The employee of Manager acting as the full-time on-site general manager of the Facility.

Incentive Fee: The contingent fee the County shall pay to Manager under this Agreement, if earned, as more fully described in Section 3.2 below.

Initial Term: shall have the meaning ascribed to such term m Section 4.1 of this Agreement.

Laws: federal, state, local and municipal laws, statutes, rules, regulations and ordinances.

Management-Level Employees: The General Manager, Assistant General Manager, Business Manager (or employees with different titles performing similar functions), and any department head employed by Manager to perform services at the Facility (including, if applicable, employees performing the function of the Director of Operations, Director of Sales and Marketing, Director of Security, Finance Director and Event Manager).

Manager: shall have the meaning given to such term in the Recitals to this Agreement.

Marketing Plan: A plan for the advertising and promotion of the Facility and Facility events, which may contain but not be limited to the following elements: (i) market research, (ii) market position, (iii) marketing objectives, (iv) marketing strategies, (v) booking priorities, (vi) targeted events - local, regional, national and international, (vii) targeted meetings, conventions and trade shows, (viii) industry advertising campaign, (ix) internal and external support staff, (x) advertising opportunities at the local, regional and national level, (xi) attendance at various trade shows, conventions and seminars, (xii) incentive formulas for multiple event presenters, (xiii) suite and club seat sales, (xiv) merchandising and retail, (xv) food and beverage, (xvi) a plan for the sale of commercial rights, including without limitation naming rights, pouring rights, advertising signage, sponsorships (including event sponsorships), branding of food and beverage products for resale, premium seating (including but not limited to suites and club seats), and memorial gifts, (xvii) a plan regarding national, regional and local public relations and media relations, (xviii) development of an in-house advertising agency, and (xix) policies regarding the use of trade/barter.

Operating Account: A separate interest-bearing account in the name of the County and under the County's Federal ID number in a local qualified public depository, to be designated by the County, where Revenue is deposited and from which Operating Expenses are paid.

Operating Budget:· A line item budget for the Facility that includes a projection of Revenues and Operating Expenses, presented on a monthly and annual basis.

Operating Expenses: All expenses incurred by Manager in connection with its operation, promotion, maintenance and management of the Facility, including but not limited to the following: (i) employee payroll, benefits, relocation costs, severance costs, bonus and related costs, (ii) cost of operating supplies, including general office supplies, (iii) advertising, marketing, group sales, and public relations costs, (iv) cleaning expenses, (v) data processing costs, (vi) dues, subscriptions and membership costs, (vii) the Fixed Management Fee, (viii)

3

printing and stationary costs, (ix) postage and freight costs, (x) equipment rental costs, (xi) minor repairs, maintenance, and equipment servicing, not including expenses relating to performing capital improvements or repairs, (xii) security expenses, (xiii) telephone and communication charges, (xiv) travel and entertainment expenses of Manager employees, (xv) cost of employee uniforms and identification, (xvi) exterminator, snow and trash removal costs, if applicable (xvii) computer, software, hardware and training costs, (xviii) parking expenses, (xix) utility expenses, (xx) office expenses, (xxi) ) audit and accounting fees, (xxii) legal fees, (xxiii) all bond and insurance costs, including but not limited to personal property, liability, and worker's compensation insurance, (xxiv) commissions and all other fees payable to third parties (e.g. commissions relating to food, beverage and merchandise concessions services and commercial rights sales), (xxv) cost of complying with any Laws, (xxvi) costs incurred by Manager to settle or defend any claims asserted against Manager arising out of its operations at the Facility on behalf of County; (xxvii) amount of any deductible or self-insured retention under insurance policies; (xxviii) costs incurred under Service Contracts and other agreements relating to Facility operations, and (xxviii) Taxes.

The term "Operating Expenses" does not include debt service on the Facility, Capital Expenditures, Transition Costs, property taxes, insurance on the Facility of contents within the Facility owned by County, or the Incentive Fee, all of which costs shall be borne by County.

Operating Year: Each twelve (12) month period during the Term, commencing on January 1 and ending on December 31, except that the first Operating Year shall be a shorter period, commencing on the Effective Date and ending on December 31, 20 17.

Operations Manual: Document to be developed by Manager which shall contains terms regarding the management and operation of the Facility, including detailed policies and procedures to be implemented in operating the Facility, as agreed upon by both the County and the Manager.

Revenue: All revenues generated by Manager's operation of the Facility, including but not limited to event ticket proceeds income, rental and license fee income, merchandise income, gross food and beverage income, gross income from any sale of Commercial Rights, gross service income, equipment rental fees, box office income, and miscellaneous operating income, but shall not include event ticket proceeds held by Manager in trust for a third party and paid to such third party.

Revenue Benchmark: shall mean One Million Seven Hundred Thousand Dollars ($1,700,000). For any Operating Years of less than a full 12-months, the Revenue Benchmark shall be prorated based on the actual number of days elapsed in such Operating Year out of 365.

Revenue Generating Contracts: Vendor, concessions and merchandising agreements, user/rental agreements, booking commitments, licenses, and all other contracts or agreements generating revenue for the Facility and entered into in the ordinary course of operating the Facility.

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Service Contracts: Agreements for services to be provided in connection with the operation of the Facility, including without limitation agreements for ticketing, web development and maintenance, computer support services, FF &E purchasing services, engineering services, electricity, steam, gas, fuel, general maintenance, HV AC maintenance, telephone, staffing personnel including guards, ushers and ticket-takers, extermination, elevators, stage equipment, fire control panel and other safety equipment, snow removal and other services which are deemed by Manager to be either necessary or useful in operating the Facility.

Taxes: Any and all governmental assessments, franchise fees, excises, license and permit fees, levies, charges and taxes, of every kind and nature whatsoever, which at any time during the Term may be assessed, levied, or imposed on, or become due and payable out of or in respect of, (i) activities conducted on behalf of the County at the Facility, including without limitation the sale of concessions, the sale of tickets, and the performance of events (such as any applicable sales and/or admissions taxes, use taxes, excise taxes, occupancy taxes, employment taxes, and withholding taxes), or (ii) any payments received from any holders of a leasehold interest or license in or to the Facility, from any guests, or from any others using or occupying all or any part of the Facility.

Term: shall have the meaning ascribed to such term in Section 4.1 of this Agreement.

"Transition Budget" shall mean the budget reflecting anticipated Transition Costs attached hereto as Exhibit E.

"Transition Costs" shall mean the out-of-pocket costs incurred, or to be incurred, by Manager in connection with its activities related to the transition of management ofthe Facility to Manager, as set forth in the Transition Budget.

Section 2.1 Engagement.

ARTICLE2 SCOPE OF SERVICES

(a) County hereby engages Manager during the Term to act as the sole and exclusive manager and operator of the Facility, subject to and as more fully described in this Agreement, and, in connection therewith, to perform the services described in Exhibit A attached hereto.

(b) Manager hereby accepts such engagement, and shall perform the services described herein, subject to the limitations expressly set forth in this Agreement and in the Operations Manual.

Section 2.2 Limitations on Manager's Duties. Manager's obligations under this Agreement are contingent upon and subject to the County making available, in a timely fashion, the funds budgeted for and/or reasonably required by Manager to carry out such obligations during the Term. Manager shall not be considered to be in breach or default of this Agreement,

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and shall have no liability to the County or any other party, in the event Manager does not perform any of its obligations hereunder due to failure by the County to timely provide such funds.

ARTICLE3 COMPENSATION

Section 3.1 Fixed Management Fee. For the first (1st) Operating Year (from the Effective Date to December 31, 2017), County shall pay Manager a Fixed Management Fee of Ten Thousand Dollars ($10,000) per month ($40,000 total). The Fixed Management Fee shall be payable to Manager in advance, beginning on the Effective Date, and payable on the first (1st) day of each month thereafter. Manager shall be entitled to pay itself such amount from the Operating Account. Beginning on January 1, 2018, there shall no longer be payment of any Fixed Management Fee.

Section 3.2 Incentive Fee. In addition to the Fixed Management Fee, Manager shall be entitled to receive an Incentive Fee each full or partial Operating Year of the Term, beginning with the 2018 Operating Year. The Incentive Fee shall be comprised of both a qualitative based fee ("Qualitative Fee") and a quantitative based fee ("Quantitative Fee"), as follows:

(a) Qualitative Fee. Manager shall be eligible to earn a Qualitative Fee ofup to twentyfive thousand dollars ($25,000) in each Operating Year (pro-rated for any Operating Years of less than a full 12 months based on the actual number of days elapsed in such Operating Year out of 365). The Qualitative Fee shall be determined by the County, in its reasonable and good faith discretion, based on its evaluation of Manager's performance each Operating Year in each of the following five (5) performance areas (with each area equal to up to $5,000):

Innovative Sales and Marketing Repairs and Maintenance Results of Customer Service Surveys Achievement of Financial Goals Stakeholder Relationships

The Qualitative Fee earned by Manager shall be paid to Manager no later than ninety (90) days following the end of each Operating Year.

(b) Quantitative Fee. 1) Manager shall earn four percent (4%) of Revenue up to the Revenue Benchmark ("Base Quantitative Fee"). The Base Quantitative Fee shall be paid to Manager on a quarterly basis based on Revenue generated in such quarter, on or before the last day of each of November, February, May and August. Additionally, Manager shall receive a percentage of the amount by which Revenue in any Operating Year exceeds the Revenue Benchmark ("Additional Quantitative Fee"), as follows:

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Revenue in excess of the Revenue Benchmark

$0 to $100,000 $100,001 to $300,000 $300,001 to $600,000 In excess of $600,000

Percentage Due Manager

20% 25% 30% 35%

The Additional Quantitative Fee shall be paid to Manager no later than ninety (90) days following the end of each Operating Year

There shall be no cap or maximum limit on the amount of the Quantitative Fee.

Section 3.3 Commercial Rights Commissions. In addition to the other fees due Manager hereunder, County shall pay Manager a commission of fifteen percent (15%) on the Revenue from Commercial Rights ("Commercial Rights Commission"). For the sake of clarity, the parties acknowledge that the Commercial Rights Commission shall be paid on all · gross revenue from the sale of advertising signage, sponsorships, naming/title rights, subnaming/title rights, pouring rights, branding rights, the sale of all premium seating, and other Commercial Rights at the Facility, including those rights that have been secured by the County or a third party prior to the Effective Date to the extent the Revenue from such prior sales is attributable to any period within the Term. The County shall have the right to review and withhold approval for commercial rights that the County determines will be incompatible with the facilities, however, the County will not unreasonably withhold approval for commercial rights. For purposes of this paragraph, Revenue shall include trade/barter, with such trade/barter valued at its retail price in an arms-length transaction. The Commercial Rights Commission shall be paid for the full duration of all such Commercial Rights contracts, including any time period that extends after the end of this Agreement. Payments due under this paragraph shall be made to Operator on an annual basis, within sixty ( 60) days of the end of each Operating Year, with respect to revenue received in that year from the applicable Commercial Rights contracts. The provisions of this paragraph shall survive expiration or termination of this Agreement, and such settlements shall continue on an annual basis following the end of the term with respect to Revenue from Commercial Rights received in such years until such time as all Commercial Rights Commissions due Manager under this paragraph are fully paid.

Section 3.4 Transition Costs. Promptly following the Effective Date (or prior to the Effective Date, as applicable), Manager shall do all things reasonably necessary to transition from the current management of the Facility to the commencement of its management services hereunder. The County shall reimburse Manager for the Transition Costs, in accordance with the Transition Budget. Manager shall invoice the County for such costs, and the County shall pay such costs within thirty (30) days ofits receipt of each such invoice. Each invoice to be provided by Manager shall be accompanied by reasonable back-up documentation evidencing the incurrence ofthe Transition Costs.

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Section 3.5 Late Payments. Manager shall have the right to assess interest on any payments of the fees described in this Section that are not made when due. Such interest shall accrue at the rate of twelve percent (12%) per annum.

ARTICLE4 TERM; TERMINATION

Section 4.1 Term. The initial term of this Agreement (the "Initial Term") shall run for five and a half (5 Yz) years, beginning on the Effective Date, and, unless sooner terminated pursuant to the provisions of Section 4.2 below, expiring on December 31, 2022. Following the Initial Term, County may extend this Agreement for an additional five (5) years, to end on December 31, 2027, by providing written notice of such extension no later than one hundred twenty (120) days prior to the end of the Initial Term. The Initial Term plus any such extension period is referred to herein as the "Term". Beginning on the fourth (4th) anniversary of the Effective Date, the parties may, at the option of the County, reopen Article 3 and renegotiate Manager's compensation, provided that any changes shall be mutually agreed and shall not take effect until the five year extension period following the Initial Term.

Section 4.2 Termination. This Agreement may be terminated:

(a) by either party upon thirty (30) days written notice, if the other party fails to perform or comply with any of the material terms, covenants, agreements or conditions hereof, and such failure is not cured during such thirty (30) day notification period, provided, however, if such failure cannot reasonably be cured within such thirty (30) day period, then a longer period of time shall be afforded to cure such breach, up to a total of ninety (90) days, provided that the party in default is diligently seeking a cure and the non-defaulting party is not irreparably harmed by the extension of the cure period; or

(b) by either party immediately by written notice upon the other party being judged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of the other party shall be appointed and shall not be discharged within one hundred twenty (120) days after appointment, or if either party shall make an assignment of its property for the benefit of creditors or shall file a voluntary petition in bankruptcy or insolvency, or shall apply for bankruptcy under the bankruptcy or insolvency Laws now in force or hereinafter enacted, Federal, State or otherwise, or if such petition shall be filed against either party and shall not be dismissed within one hundred twenty (120) days after such filing.

Section 4.3 Effect of Termination

(a) In the event this Agreement is terminated early (i.e., prior to the end of the Initial Term) for any reason, County shall reimburse Manager for any actual expenses incurred by Manager in withdrawing from the provision of services hereunder following such termination, to include costs associated with (i) reasonable household relocation expenses for Manager's Management-Level Employees, to the extent any of such individuals are being retained by

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Manager following such termination and had previously relocated to the Topeka area (or its surrounding areas) in connection with this Agreement, and (ii) other reasonable costs actually incurred by Manager in withdrawing from the provision of services hereunder, such as those incurred in connection with the termination and/or assignment of Service Contracts, Revenue Generating Contracts, or other contracts or leases entered into by Manager pursuant to this Agreement. The County's payment of such expenses will occur only after Manager has provided reasonable evidence of the incurrence of such expenses.

(b) Upon termination or expiration of this Agreement for any reason, (i) Manager shall promptly discontinue the performance of all services hereunder, (ii) County shall promptly pay Manager all fees due Manager up to the date of termination or expiration (subject to proration if the Term ends other than at the end of the Operating Year), (iii) County shall pay to Manager all Operating Expenses incurred by Manager through the end of the Term that have not previously been paid or reimbursed, including costs of accrued but unused vacation time and other end of employment payments due to Manager's employees whose employment is being terminated Manager, (iv) Manager shall make available to the County all data, electronic files, documents, procedures, reports, estimates, summaries, and other such information and materials with respect to the Facility as may have been accumulated by Manager in performing its obligations hereunder, whether completed or in process, and (iv) without any further action on part of Manager or County, the County shall, or shall cause the successor Facility manager to, assume all obligations arising after the date of such termination or expiration, under any Service Contracts, Revenue Generating Contracts, booking commitments and any other Facility agreements entered into by Manager in furtherance of its duties hereunder. Any obligations of the parties that are specifically intended to survive expiration or termination of this Agreement shall survive expiration or termination hereof.

ARTICLES OWNERSHIP; USE OF THE FACILITY

Section 5.1 Ownership of Facility, Data, Equipment and Materials. The County will at all times retain ownership of the Facility, including but not limited to real estate, technical equipment, furniture, displays, fixtures and similar property, including improvements made during the Term, at the Facility. Any data, equipment or materials furnished by the County to Manager or acquired by Manager as an Operating Expense shall remain the property of the County, and shall be returned to the County when no longer needed by Manager to perform under this Agreement. Notwithstanding the above, County shall not have the right to use any third party software licensed by Manager for general use by Manager at the Facility and other facilities managed by Manager, the licensing fee for which is proportionately allocated and charged to the Facility as an Operating Expense; such software may be retained by Manager upon expiration or termination hereof. Furthermore, the County recognizes that the Operations Manual to be developed and used by Manager hereunder is proprietary to Manager, and shall belong to Manager at the end of the Term; County shall not use or maintain copies thereof upon the end of the Term. All records and data related to Manager's employees shall be and remain the property solely of Manager, and shall be retained by Manager upon expiration or termination of this Agreement.

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Section 5.2 Right of Use by Manager. The County hereby gives Manager the right and license to use the Facility, and Manager accepts such right of use, for the purpose of performing the services herein specified, including the operation and maintenance of all physical and mechanical facilities necessary for, and related to, the operation, maintenance and management of the Facility. The County shall provide Manager with a sufficient amount of suitable office space in the Facility and with such office equipment as is reasonably necessary to enable Manager to perform its obligations under this Agreement. In addition, the County shall make available to Manager, at no cost, parking spaces adjacent to the Facility for all of Manager's full-time employees and for the Facility's event staff.

Section 5.3 Observance of Agreements. The County agrees to pay, keep, observe and perform all payments, terms, covenants, conditions and obligations under any leases, bonds, debentures, loans and other financing and security agreements to which the County is bound in connection with its ownership of the Facility.

Section 5.4 Use by the County. Subject to availability, the County shall have the right to use the Facility or any part thereof rent-fee for meetings, seminars, training classes or other non-commercial uses, provided that the County shall promptly reimburse Manager, for deposit into the Operating Account, for any out-of-pocket expenses incurred by Manager (such as the cost of ushers, ticket-takers, set-up and take-down personnel, security expenses and other expenses) in connection with such use. Such non-commercial use of the Facility by the County shall (i) not compete with or conflict with the dates previously booked by Manager for paying events, (ii) not consist of normally touring attractions (such as concerts and family shows), and (iii) be booked in advance upon reasonable notice to Manager pursuant to the Facilities' approved booking policies. Upon request of the County, Manager shall provide to the County a list of available dates for County use of the Facility. To the extent that Manager has an opportunity to book a revenue-producing event on a date which is otherwise reserved for use by the County, Manager may propose alternative dates for the County's event, and the County shall use best efforts to reschedule its event to allow Manager to book the revenue-producing event. For purposes of calculating Manager's Incentive Fee, Manager shall receive a "paper" credit towards Revenue for an amount equal to the difference between the published Facility rate and the rate (if any) charged to the County for such use of the Facility. The parties acknowledge that the County currently uses the facilities for meetings, court hearings, etc. The County will identify these existing uses of the facilities which shall be "grandfathered" from the fees and credits outlined in the Section; provided however, that if any such event conflicts with an opportunity for a revenue producing event, the County shall use reasonable efforts to reschedule same.

ARTICLE6 PERSONNEL

Section 6.1 Generally. All Facility staff and other personnel shall be engaged or hired by Manager, and shall be employees, agents or independent contractors of Manager (or an Affiliate

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thereof), and not of the County. Manager shall select, in its sole discretion but subject to County's right to approve the Operating Budget, the number, function, qualifications, and compensation, including salary and benefits, of its employees and shall control the terms and conditions of employment (including without limitation termination thereof) relating to such employees. Manager agrees to use reasonable and prudent judgment in the selection and supervision of such personnel. County specifically agrees that Manager shall be entitled to pay its employees, as an Operating Expense, bonuses and benefits in accordance with Manager's then current employee manual, which may be modified by Manager from time to time in its sole discretion. A copy of Manager's current employee manual shall be provided to the County upon request. County shall ensure that the prior manager of the Facility pay all accrued but unused vacation time to its employees whose employment with such prior manager is terminating and whose employment with Manager is commencing.

Section 6.2 General Manager. Personnel engaged by Manager will include an individual with managerial experience in similar facilities to serve as a full-time on-site General Manager of the Facility. Hiring of the General Manager by Manager shall require the prior approval of the County, which approval shall not be unreasonably withheld or delayed; provided, however, in the event of a vacancy in the General Manager position, Manager may, upon notice to the County, temporarily fill such position with an interim General Manager for up to ninety (90) days without the necessity of obtaining the County's approval. The General Manager will have general supervisory responsibility for Manager and will be responsible for day-to-day operations of the Facility, supervision of employees, and management and coordination of all activities associated with events taking place at the Facility. The General Manager of the facilities may be removable for cause upon the written recommendation of the County.

Section 6.3 Non-Solicitation/Non-Hiring. During the Term and for a period of one (1) year after the end of the Term, neither County nor any of its Affiliates shall solicit for employment, or hire, any of Manager's Management-Level Employees. The County acknowledges that Manager will spend a considerable amount of time identifying, hiring and training individuals to work in such positions, and that Manager will suffer substantial damages, the exact amount of which would be difficult to quantify, if the County were to breach the terms of this Section by hiring, or soliciting for employment, any of such individuals. Accordingly, in the event of a breach or anticipated breach of this Section by the County, Manager shall be entitled (in addition to any other rights and remedies which Manager may have at law or in equity, including money damages) to equitable relief, including an injunction to enjoin and restrain the County from continuing such breach, without the necessity of posting a bond.

ARTICLE7 OPERATING BUDGET

Section 7.1 Establishment of Operating Budget. Attached hereto as Exhibit C is the Operating Budget for the first (1st) Operating Year, which Operating Budget is hereby approved by both Manager and County. Manager agrees that at least 60 days prior to the commencement of each subsequent Operating Year in respect of such year, it will prepare and submit to the

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County its proposed Operating Budget for such year. Each annual Operating Budget shall include Manager's good faith projection of Revenues and Operating Expenses, presented on a monthly and annual basis, for the upcoming Operating Year. The County agrees to provide Manager with all information in its possession necessary to enable Manager to prepare each Operating Budget.

Section 7.2 Approval of Operating Budget. Each annual Operating Budget shall be subject to the review and approval of the County, which approval shall not be unreasonably withheld or delayed. In order for the County to fully evaluate and analyze such budgets or any other request by Manager relating to income and expenses, Manager agrees to provide to the County such reasonable financial information relating to the Facility as may be requested by the County from time to time. If extraordinary events occur during any Operating Year that could not reasonably be contemplated at the time the corresponding Operating Budget was prepared, Manager may submit an amendment to such budget for review and approval by the County (which approval shall not be unreasonably withheld or delayed). If the County fails to approve any annual Operating Budget (or any proposed amendment thereto), the County shall promptly provide Manager the specific reasons therefor and its suggested modifications to Manager's proposed Operating Budget or amendment in order to make it acceptable. The parties shall then engage in good faith discussions and use reasonable commercial efforts to attempt to resolve the matter to the mutual satisfaction of the parties, including, if applicable, negotiation of a mutually acceptable modification to the economic terms of this Agreement to enable the Manager to achieve the compensation contemplated by its proposed Operating Budget.

Section 7.3 Adherence to Operating Budget. Manager shall use all reasonable efforts to manage and operate the Facility in accordance with the Operating Budget. However, County acknowledges that notwithstanding the Manager's experience and expertise in relation to the operation of facilities similar to the Facility, the projections contained in each Operating Budget are subject to and may be affected by changes in financial, economic and other conditions and circumstances beyond the Manager's control, and that Manager shall have no liability if the numbers within the Operating Budget are not achieved. Manager agrees to notify the County within 30 days of any significant change or variance in the bottom line number in the Operating Budget, and any material increase in total Facility expenses from that provided for in the Operating Budget. In either such case and if requested by County, Manager agrees to work with County to develop and implement a plan (or changes to the then current plan) to limit Operating Expense to be incurred in the remaining months of such Operating Year with the goal of achieving the Operating Budget.

ARTICLES PROCEDURE FOR HANDLING INCOME

Section 8.1 Event Account. Manager shall deposit as soon as practicable following receipt, in the Event Account, all revenue received from ticket sales and similar event-related revenues which Manager receives in contemplation of, or arising from, an event, pending completion of the event. Such monies will be held in escrow for the protection of ticket purchasers, the County and Manager, to provide a source of funds as required for payments to

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performers and for payments of direct incidental expenses in connection with the presentation of events that must be paid prior to or contemporaneously with such events. Promptly following completion of such events, Manager shall transfer all funds remaining in the Event Account, including any interest accrued thereon, into the Operating Account. Bank service charges, if any, on such account(s) shall be deducted from interest earned.

Section 8.2 Operating Account. Except as provided in Section 8.1, all Revenue derived from operation of the Facility shall be deposited by Manager into the Operating Account as soon as practicable upon receipt (but not less often than once each bus.iness day). The specific procedures (and authorized individuals) for making deposits to and withdrawals from such account shall be set forth in the Operations Manual, but the parties specifically agree that Manager shall have authority to sign checks and make withdrawals from such account, subject to the limitations of this Agreement, without needing to obtain the co-signature of a County employee or representative.

ARTICLE9 FUNDING

Section 9.1 Source of Funding. Manager shall pay all items of expense for the operation, maintenance, supervision and management of the Facility from the funds in the Operating Account, which Manager may access periodically for this purpose. The Operating Account shall be funded with amounts generated by operation of the Facility (as described in Article 8 above), or otherwise made available by the County. To ensure sufficient funds are available in the Operating Account, County will deposit in the Operating Account, on or before the Effective Date, the budgeted or otherwise approved expenses for the three (3) month period beginning on the Effective Date. The County shall thereafter, on or before the 1st day of each succeeding month following the Effective Date, deposit (or allow to remain) in the Operating Account the budgeted or otherwise approved expenses for each such succeeding three (3) month period. If at any time there are insufficient funds in the Operating Account to enable Manager to pay Operating Expenses as they become due, Manager shall notify the County and the County shall promptly fund the deficit to allow Manager to pay such Operating Expenses. Manager shall have no liability to the County or any third party in the event Manager is unable to perform its obligations hereunder, or under any third party contract entered into pursuant to the terms hereof, due to the fact that sufficient funds are not made available to Manager to pay such expenses in a timely manner.

Section 9.2 Advancement of Funds. Under no circumstances shall Manager be required to pay for or advance any of its own funds to pay for any Operating Expenses. In the event that, notwithstanding the foregoing, Manager agrees to advance its own funds to pay Operating Expenses, County shall promptly reimburse Manager for the full amount of such advanced funds, plus interest at a rate to be mutually agreed.

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ARTICLE 10 FISCAL RESPONSIBILITY; REPORTING

Section 10.1 Records. Manager agrees to keep and maintain, at its office in the Facility, separate and independent records, in accordance with generally accepted accounting principles, devoted exclusively to its operations in connection with its management of the Facility. Such records (including books, ledgers, journals, and accounts) shall contain all entries reflecting the business operations of Manager under this Agreement. The County or its authorized agent shall have the right to audit and inspect such records from time to time during the Term, upon reasonable notice to Manager and during Manager's ordinary business hours.

Section 10.2 Monthly Financial Reports. Manager agrees to provide to the County, within thirty (30) days after the end of each month during the Term, financial reports for the Facility including a balance sheet, aging report on accounts receivable, and statement of revenues and expenditures (budget to actual) for such month and year to date in accordance with generally accepted accounting principles. In addition, Manager agrees to provide to the County a summary of bookings for each such month, and separate cash receipts and disbursements reports for each event held at the Facility during such month. Additionally, Manager shall submit to the County, or shall cause the applicable public depository utilized by Manager to submit to the County, on a monthly basis, copies of all bank statements concerning the Event Account and the Operating Account. Reports shall be distributed as directed by the County's Contract Administrator. If requested by the County, Manager shall provide a quarterly financial presentation during a regularly scheduled meeting of the Board of County Commissioners.

Section 10.3 Audit. Manager agrees to provide to the County, within one hundred twenty (120) days following the end of each Operating Year, a certified audit report on the accounts and records as kept by Manager for the Facility. Costs associated with obtaining such certified audit report shall be an Operating Expense of the Facility. Such audit shall be performed by an external auditor approved by the County, and shall be conducted in accordance with generally accepted auditing standards.

ARTICLE 11 CAPITAL IMPROVEMENTS; CONTRIBUTION BY MANAGER

Section 11.1 Schedule of Capital Expenditures. Manager shall annually, at the time of submission of the annual Operating Budget to the County, provide to the County a schedule of proposed capital improvements to be made at the Facility, for the purpose of allowing the County to consider such projects and to prepare and update a long-range Capital Expenditure budget.

Section 11.2 Responsibility for Capital Expenditures. The County shall be solely responsible for all Capital Expenditures at the Facility; provided, however, the County shall be under no obligation to make any Capital Expenditures proposed by Manager, and provided further that Manager shall have no liability for any claims, costs or damages arising out of a failure by the County to make any Capital Expenditures. Notwithstanding the foregoing, Manager shall have the right (but not the obligation), upon notice to the County, to make Capital

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Expenditures at the Facility for Emergency Repairs. In such event, the County shall promptly reimburse Manager for the cost of such Capital Expenditure.

Section 11.3 Manager Contribution. Manager hereby agrees to make a financial contribution in the amount of Three Hundred Thousand Dollars ($300,000) ("Contribution"), to be used by the County toward mutually agreed improvements, FF &E designed to increase Revenue generated at the Facility, transition costs, and/or fees charged by the Manager in 2017. The Contribution shall be made on or about October 1, 2017. The Contribution shall be amortized on a straight line basis over a ten (10) year period (at the rate of 1/120 per month), commencing on the Effective Date (regardless of when the funds are actually expended). Upon the expiration or termination (for any reason whatsoever, including without limitation if due to a breach, default or bankruptcy event by or affecting Manager or the County's election not to renew this Agreement following the Initial Term) of this Agreement, the County shall immediately pay to Manager the unamortized amount of the Contribution. Interest shall be assessed on any late payment of such amount at the rate of twelve percent (12%) per annum.

ARTICLE 12 FACILITY CONTRACTS; TRANSACTIONS WITH AFFILIATES

Section 12.1 Existing Contracts. The County shall provide to Manager, on or before the Effective Date, copies of all Existing Contracts. Manager shall administer and assure compliance with such Existing Contracts.

Section 12.2 Execution of Contracts. Manager shall have the right to enter into Service Contracts, Revenue Generating Contracts and other contracts related to the operation of the Facility, as agent on behalf of the County. Any such material agreements shall contain standard indemnification and insurance obligations on the part of each vendor, licensee or service provider, as is customary for the type of services or obligations being provided or performed by such parties. Manager shall obtain the prior approval of the County (which approval shall not be unreasonably withheld or delayed) before entering into any such contract with a term that expires after the Term of this Agreement, unless such contract, by its express terms, can be terminated by Manager or County following expiration of the Term without any penalty.

Section 12.3 Transactions with Affiliates. In connection with its obligations hereunder relating to the purchase or procurement of services for the Facility (including without limitation food and beverage services, ticketing services, web design services and graphic design services), Manager may purchase or procure such services, or otherwise transact business with, an Affiliate of Manager, provided that the prices charged and services rendered by such Affiliate are competitive with those obtainable from any unrelated parties rendering comparable services, and provided further that Manager obtains the prior approval of the County with respect to any such contract. Manager shall, at the request ofthe County, provide reasonable evidence establishing the competitive nature of such prices and services, including, if appropriate, competitive bids from other persons seeking to render such services at the Facility.

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ARTICLE 13 AGREEMENT MONITORING AND GENERAL MANAGER

Section 13.1 Contract Administrator. Each party shall appoint a contract administrator who shall monitor such party's compliance with the terms of this Agreement. Manager's contract administrator shall be its General Manager at the Facility, unless Manager notifies County of a substitute contract administrator in writing. County's contract administrator shall be the Shawnee County Counselor. Any and all references in this Agreement requiring Manager or County participation or approval shall mean the participation or approval of such party's contract administrator. The County's contract administrator will act as a contact person on behalf of the County. The County's Contract Administrator shall be authorized to act for the County with respect to minor day-to-day operational matters, such as providing approvals or rejections of routine requests (as opposed to approvals of the Operating Budget or other such major actions), and Manager shall be able to rely on the County's Contract Administrator's authority in such matters. Any major or non-routine actions which require County approval shall only be binding upon the County if executed by the County Commission in accordance with Kansas law.

ARTICLE 14 INDEMNIFICATION

Section 14.1 Indemnification by Manager. Manager agrees to defend, indemnify and hold harmless the County and its officials, directors, officers, employees, agents, successors and assigns against any claims, causes of action, costs, expenses (including reasonable· attorneys' fees) liabilities, or damages (collectively, "Losses") suffered by such parties, arising out of or in connection with any (a) negligent act or omission, or intentional misconduct, on the part of Manager or any of its employees or agents in the performance of its obligations under this Agreement, or (b) breach by Manager of any of its representations, covenants or agreements made herein.

Section 14.2 Indemnification by the County. County agrees to defend, indemnify and hold harmless Manager, its parent, subsidiary and affiliate companies, and each of their respective directors, officers, employees, agents, successors and assigns, against any Losses suffered by such parties, arising out of or in connection with (a) any negligent act or omission, or intentional misconduct, or failure to comply with Laws, on the part of County or any of its employees or agents in the performance of its obligations under this Agreement, (b) a breach by County of any of its representations, covenants or agreements made herein, including without limitation County's obligation to pay any budgeted or otherwise approved expenses in a timely manner, (c) failure by County to pay any amounts due by County or to otherwise perform any obligations of County under any third party contracts, licenses or agreements entered into by Manager in furtherance of its duties hereunder as authorized hereby; (d) any environmental condition at the Facility or on or under the premises on which the Facility is located not caused by Manager, its employees or agents, (e) any structural defect with respect to the Facility, (f) the fact that any time prior to, as of, or after the date hereof the Facility is not or has not been in compliance with all Laws, including, but not limited to, the Americans With Disabilities Act as it now exists and as it may be amended in the future by statute or judicial interpretation, (g) any act

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or omission carried out by Manager at or pursuant to the direction or instruction of County, its agents or employees, (h) any claims relating to the Facility or its operations accruing or caused by occurrences prior to the Effective Date or following termination or expiration of this Agreement, (i) any withdrawal liability for a share of unfunded vested benefits under multiemployer plans (as that term is defined in 4001(a)(3) of the Employee Retirement Income Security Act of 1974, as amended), and G) the termination or expiration of the management contract with the prior manager of the Facility and engagement of Manager hereunder.

Section 14.3 Conditions to Indemnification. With respect to each separate matter brought by any third party against which a party hereto ("Indemnitee") is indemnified by the other party ("Indemnitor") under this Article 14, the Indemnitor shall be responsible, at its sole cost and expense, for controlling, litigating, defending and/or otherwise attempting to resolve, through counsel of its choice, any proceeding, claim, or cause of action underlying such matter, except that (a) the Indemnitee may, at its option, participate in such defense or resolution at its expense and through counsel of its choice; (b) the Indemnitee may, at its option, assume control of such defense or resolution if the Indemnitor does not promptly and diligently pursue such defense or resolution, provided that the Indemnitor shall continue to be obligated to indemnify the Indemnitee hereunder in connection therewith; and (c) neither Indemnitor nor Indemnitee shall agree to any settlement without the other's prior written consent (which shall not be unreasonably withheld or delayed). In any event, Indemnitor and Indemnitee shall in good faith cooperate with each other and their respective counsel with respect to all such actions or proceedings, at the Indemnitor's expense. With respect to each and every matter with respect to which any indemnification may be sought hereunder, upon receiving notice pertaining to such matter, Indemnitee shall promptly (and in no event more than twenty (20) days after any third party litigation is commenced asserting such claim) give reasonably detailed written notice to the Indemnitor of the nature of such matter and the amount demanded or claimed in connection therewith.

Section 14.4 Survival. The obligations of the parties contained in this Article 14 shall survive the termination or expiration of this Agreement.

ARTICLE 15 INSURANCE

Section 15.1 Types and Amount of Coverage. Manager agrees to obtain insurance coverage in the manner and amounts as set forth in Exhibit D, attached hereto, and shall provide to the County promptly following the Effective Date a certificate of certificates of insurance evidencing such coverage. Manager shall maintain such referenced insurance coverage at all times during the Term, and will not make any material modification or change from these specifications without the prior approval of the County. Each insurance policy shall include a requirement that the insurer provide Manager and the County at least thirty (30) days written notice of cancellation or material change in the terms and provisions of the applicable policy. The cost of all such insurance shall be an Operating Expense.

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Section 15.2 Rating; Additional Insureds. All insurance policies shall be issued by insurance companies rated no less than A VIII in the most recent "Bests" insurance guide, and licensed in the State of Kansas or as otherwise agreed by the parties. All such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. The commercial general liability policy, automobile liability insurance policy and umbrella or excess liability policy to be obtained by Manager hereunder shall name County as an additional insured. The workers compensation policy to be obtained by Manager hereunder shall contain a waiver of all rights of subrogation against the County. Manager shall require that all third-party users of the Facility, including without limitation third-party licensees, ushers, security personnel and concessionaires, provide certificates of insurance evidencing insurance appropriate for the types of activities in which such user is engaged. If Manager subcontracts any of its obligations under this Agreement, Manager shall require each such subcontractor to secure insurance that will protect against applicable hazards or risks of loss as and in the minimum amounts designated herein, and name Manager and the County as additional insureds.

ARTICLE 16 REPRESENTATIONS, WARRANTIES AND COVENANTS

Section 16.1 Manager Representations and Warranties. Manager hereby represents, warrants and covenants to County as follows:

(a) that it has the full legal right, power and authority to enter into this Agreement and to grant the rights and perform the obligations of Manager herein, and that no third party consent or approval is required to grant such rights or perform such obligations hereunder; and

(b) that this Agreement has been duly executed and delivered by Manager and constitutes a valid and binding obligation of Manager, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar Laws affecting creditors' rights generally or by general equitable principles.

(c) that Manager will comply with all Laws applicable to its management of the Facility, provided that Manager shall not be required to undertake any compliance activity, nor shall Manager have any liability under this Agreement therefor, if such activity requires any Capital Expenditure.

Section 16.2 County Representations, Warranties and Covenants. County represents, warrants and covenants to Manager as follows:

(a) that it has the full legal right, power and authority to enter into this Agreement and to grant the rights and perform the obligations of County herein, and that no other third party consent or approval is required to grant such rights or perform such obligations hereunder. ·

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(b) that this Agreement has been duly executed and delivered by County and constitutes a valid and binding obligation of County, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws affecting creditors' rights generally or by general equitable principles.

(c) that the Facility is, as of the Effective Date, in compliance in all respects with all applicable Laws relating to the construction, use and operation of the Facility (including, without limitation, Title III of the American with Disabilities Act), and that there exist no structural defects or unsound operating conditions at the Facility; provided however, that the parties acknowledge that the Facility will undergo renovations during the term of contract.

ARTICLE 17 MISCELLANEOUS

Section 17.1 PCI Compliance. Manager agrees to comply with all current Payment Card Industry Data Security Standards ("PCI Standards") and guidelines that may be published from time to time by Visa, MasterCard or other associations as they relate to the physical storage of credit card data. For PCI Standards compliance purposes, County will provide on a segmented network, an appropriate number of wired data connections to the Internet for point of sale devices to be used by Manager and any contractors at the Facility. County shall be responsible for the security of its network, including, without limitation, applicable PCI-DSS compliance, and for procuring and installing point of sale (POS) payment systems that are compliant with the latest PCI-DSS requirements. If at any time either party determines that card account number or other information has been compromised, such party will notify the other immediately and assist in providing notification to the proper parties as deemed necessary.

Section 17.2 No Discrimination. Manager agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, religion, color, sex, disability, national origin, ancestry, physical handicap, or age, and will take affirmative steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, religion, color, sex, disability, national origin, ancestry, physical handicap, or age.

Section 17.3 Use of Facility Names and Logos. Manager shall have the right to use throughout the Term (and permit others to use in furtherance of Manager's obligations hereunder), for no charge, the name and all logos of the Facility, on Manager's stationary, in its advertising of the Facility, and whenever conducting business of the Facility; provided, that Manager shall take all prudent and appropriate measures to protect the intellectual property rights of the County relating to such logos. All intellectual property rights in any Facility logos developed by the Manager or the County shall be and at all times remain the sole and exclusive property of the County. Manager agrees to execute any documentation requested by the County from time to time to establish, protect or convey any such intellectual property rights. ·

Section 17.4 Facility Advertisements. The County agrees that in all advertisements placed by the County for the Facility or events at the Facility, whether such advertisements are in

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print, on radio, television, the internet or otherwise, it shall include a designation that the Facility is a "Managed by Spectra".

Section 17.5 Force Majeure; Casualty Loss.

(a) Neither party shall be liable or responsible to the other party for any delay, loss, damage, failure or inability to perform under this Agreement due to an Event of Force Majeure, provided that the party claiming failure or inability to perform provides written notice to the other party within thirty (30) days of the date on which such party gains actual knowledge of such Event of Force Majeure. Notwithstanding the foregoing, in no event shall a party's failure to make payments due hereunder be excusable due to an Event of Force Majeure.

(b) In the event of damage or destruction to a material portion of the Facility by reason of fire, storm or other casualty loss that renders the Facility (or a material portion thereof) untenantable, the County shall use reasonable efforts to remedy such situation. If notwithstanding such efforts, such damage or destruction is expected to render the entire Facility complex (or a material portion of the entire Facility complex) untenantable for a period estimated by an architect selected by the County at Manager's request, of at least one hundred eighty (180) days from the date of such fire, storm or other casualty loss, either party may terminate this Agreement upon written notice to the other, provided that (i) the County shall pay to Manager Its costs of withdrawing from services hereunder, as described in Section 4.3 above, and (ii) in the event the Facility once again becomes tenable at any time during the Term, this Agreement shall, at the option of Manager, once again become effective and Manager shall manage and operate the Facility under the terms hereof, except that the Term shall be extended for a period of time in which the Facility was closed. Ifthere is damage or destruction to, or otherwise a closure of, a portion of the entire Facility complex but not the entire Facility complex, then this Agreement shall remain in effect with respect to the remaining unaffected portion of the Facility complex, with mutually agreed adjustments to budgets and staffing plans, as necessary, to account for the change in circumstance.

Section 17.6 Assignment; Binding on Successors and Assigns. Neither party may assign this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that either party may, without the prior written consent of the other party but upon at least 30 days' written notice to the other party, assign this Agreement in connection with a sale, merger or other business combination involving all or substantially all of its assets or equity interests, and Manager may further assign this Agreement to an Affiliate where such assignment is intended to accomplish an internal corporate purpose of Manager as opposed to materially and substantially altering the method of delivery of services to County. Any purported assignment in contravention of this Section shall be void. This Agreement is binding on successors and permitted assigns of the parties.

Section 17.7 Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, overnight air courier services, to the address and individual set forth below. All such notices to either party shall be deemed to have been provided when delivered, if delivered personally, three (3) days after mailed, if sent by

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registered or certified mail, or the next business day, if sent by generally recognized, prepaid, overnight air courier services.

If to the County:

Shawnee County 200 SE ih, Room B 11 Topeka, KS 66603

With a copy to:

Shawnee County Counselor 200 SE 7th, Room 100. Topeka, KS 66603

If to Manager:

Spectra Venue Management 3601 S. Broad Street Philadelphia, P A 19148 Attn: Chief Operating Officer

With a copy to:

Comcast Spectacor, L.P. 3601 South Broad Street Philadelphia,Pennsylvania19148-5290 Attn: General Counsel

The designation of the individuals to be so notified and the addresses of such parties set forth above may be changed from time to time by written notice to the other party in the manner set forth above.

Section 17.8 Severability. If a court of competent jurisdiction determines that any term of this Agreement is invalid or unenforceable to any extent under applicable law, the remainder of this Agreement (and the application of this Agreement to other circumstances) shall not be affected thereby, and each remaining term shall be valid and enforceable to the fullest extent permitted by law.

Section 17.9 Entire Agreement. This Agreement (including the exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations, agreements or understandings, whether oral or written.

Section 17.10 Governing Law. The Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Kansas, without regard to its conflict of laws principles.

Section 17.11 Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated (unless as otherwise provided hereunder) except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought.

Section 17.12 Waiver; Remedies. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such

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term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. The remedies provided in this Agreement are cumulative and not exclusive of the remedies provided by law or in equity.

Section 17.13 Relationship of Parties. Manager and County acknowledge and agree that they are not joint venturers, partners, or joint owners with respect to the Facility, and nothing contained in this Agreement shall be construed as creating a partnership, joint venture or similar relationship between County and Manager. In operating the Facility, entering into contracts, accepting reservations for use of the Facility, and conducting financial transactions for the Facility, Manager acts on behalf of and as agent for County (but subject to the limitations on Manager's authority as set out in this Agreement), with the fiduciary duties required by law of a party acting in such capacity.

Section 1 7.14 No Third Party Beneficiaries. Other than the indemnitees listed in Sections 14.1 and 14.2 hereof (who are third party beneficiaries solely with respect to the indemnification provisions in such sections), there are no intended third party beneficiaries under this Agreement, and no third party shall have any rights or make any claims hereunder, it being intended that solely the parties hereto (and the aforementioned indemnitees with respect to the indemnification provisions hereof) shall have rights and may make claims hereunder.

Section 17.15 Attorneys' Fees. If any suit or action is instituted by either party hereunder, including all appeals, the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party, in addition to any other amounts to which it may be entitled.

Section 17.16 Limitation on Damages. In no event shall either party be liable or responsible for any consequential, indirect, incidental, punitive, or special damages (including, without limitation, lost profits) whether based upon breach of contract or warranty, negligence, strict tort liability or otherwise, and each party's liability for damages or losses hereunder shall be strictly limited to direct damages that are actually incurred by the other party, provided that the foregoing shall not limit or restrict any claim by Manager for the management fees described herein upon a breach or default of this Agreement by County.

Section 17.17 Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Agreement may be executed by the parties and transmitted by facsimile or electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original ofthis Agreement.

Section 17.18 Rights Reserved to the County; Tax Position; Risk of Loss. Without limiting any other rights of the County as described herein, the parties agree that the County shall have the right to approve (a) the annual Operating Budget, (b) major Capital Expenditures, (c) any significant disposition of Facility assets, and (d) the general rates charged at the Facility for users of the Facility. Manager agrees that it is not entitled to, and will not take, any tax position that is inconsistent with Manager being a service provider to the County for the Facility. County

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shall bear the risk of loss upon damage or destruction to the Facility. Manager shall have no liability for any operating losses.

IN WITNESS WHEREOF, each party hereto has caused this Management Agreement to be executed on behalf of such party by an authorized representative as of the date first set forth above.


By: ________________________ ___ Robert E. Archer, Chair

ATTEST:


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GLOBAL SPECTRUM, L.P., d/b/a Spectra Venue Management By: Global Spectrum, LLC, its general partner

By: ________________________ __ Name: Its:

SCHEDULE 1 MAP DEFINING OUTDOOR AREAS UNDER MANAGER'S MANAGEMENT

EXHIBIT A MANAGER DUTIES

Manager's obligations under the Agreement shall consist of the following obligations, all of which are subject to the terms hereof and the controls and restrictions in the Operations Manual:

(a) Manage all aspects of the Facility in accordance with the Operations Manual and the terms of this Agreement, including but not limited to managing purchasing, payroll, fire prevention, security, crowd control, routine repairs, preventative maintenance, janitorial services, promotions, advertising, energy conservation, security, box office, admission procedures, parking (if applicable), and general user services. Notwithstanding anything to the contrary contained herein, the parties recognize that the County has engaged a third party to manage and perform food and beverage at the Facility, and Manager's duties hereunder shall not include the management or provision of food and beverage service, but Manager will oversee the food and beverage provider on the City's behalf.

(b) Establish and adjust prices, rates and rate schedules for user, license, concessions, occupancy, and advertising agreements, and booking commitments. In determining such prices and rate schedules, Manager shall evaluate comparable charges for similar goods and services at similar and/or competing facilities in order to establish a range of prices and rates, and shall consult with the Contract Administrator on any rate adjustments at the facilities.

(c) Procure, negotiate, execute, administer and assure compliance with Service Contracts, Revenue Generating Contracts, and other contracts related to the operation of the Facility.

(d) Require that all material vendors and licensees of the Facility execute vendor/license agreements containing standard indemnification and insurance obligations on the part of each such vendor/licensee.

(e) Provide standard form advertising and sponsorship contracts and user/rental agreements for use at or with respect to the Facility. Manager shall submit such form agreements to the County for review and comment, and the parties shall work together to finalize such forms. Once finalized, Manager shall use such forms in furtherance of its duties hereunder, and shall not materially deviate from the terms contained in such forms without obtaining the prior approval of the County (which shall not be unreasonably withheld). Manager's sole responsibility with regard to providing legal advice or assistance hereunder shall be to provide such standard form contracts.

(f) Operate and maintain the Facility, including the equipment utilized in connection with its operation and any improvements made during the term of this Agreement, in the condition received, normal wear and tear excepted.

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(g) Arrange for and otherwise book events at the Facility in accordance with a booking schedule to be developed by Manager.

(h) Hire or otherwise engage, pay, supervise, and direct all personnel Manager deems necessary for the operation of the Facility in accordance with Article 6 of the Agreement, and conduct staff planning, retention and training programs as determined to be necessary by Manager in its sole discretion.

(i) Maintain detailed, accurate and complete financial and other records of all its activities under this Agreement in accordance with generally accepted accounting principles, which records shall be made available to the County upon request, in accordance with Section 10.1 ofthe Agreement.

G) Submit to the County in a timely manner financial and other reports detailing Manager's activities in connection with the Facility, as set forth in Section 10.2 of the Agreement.

(k) Prepare a proposed annual Operating Budget and submit such proposed budget to the County, both in accordance with Article 7 of the Agreement.

(1) Pay all Operating Expenses and other expenses incurred in connection with the operation, maintenance, supervision and management of the Facility from the Operating Account or with funds otherwise made available by the County.

(m) Secure, or assist the County (or any other third party, as applicable) to secure, all licenses and permits necessary for the operation and use of the Facility for the specific events to be held therein, and for the general occupancy of the Facility, including without limitation all necessary food and liquor licenses, and renewals thereof. The County shall cooperate in this process to the extent reasonably required. All costs associated with this process shall be Operating Expenses.

(n) Collect, deposit and hold in escrow in the Event Account any ticket sale revenues which it receives in the contemplation ofor arising from an event pending the completion of the event, as more fully described in Section 8.1 of the Agreement.

( o) Collect in a timely manner and deposit in the Operating Account all Revenue, as more fully described in Section 8.2 of the Agreement.

(p) Subject to the County making available sufficient funds in a timely manner, pay all Taxes.

( q) Plan, prepare, implement, coordinate and supervise all public relations and other promotional programs for the Facility.

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(r) Prepare, maintain and implement on a regular basis, subject to the County's approval, a Marketing Plan for the Facility.

(s) Market and sell Commercial Rights at or in connection with the Facility. Manager shall engage one (1) on-site sales person (or otherwise provide the equivalent of one full-time sales person from an off-site location) to market and sell Commercial Rights. The cost of such sales person shall be an Operating Expense.

(t) On an annual basis, cause a written inventory to be taken of all furniture, fixtures, office equipment, supplies, tools and vehicles at the Facil!_ty, and deliver a written report of the foregoing to County. Manager shall document all major damage to, or loss in, such inventory during the Term as soon as such damage or loss is discovered by Manager, and Manager shall promptly notify County of any such damage or loss.

(u) Purchase, on behalf of the County and with County funds, and maintain during the Term, all materials, tools, machinery, equipment and supplies necessary for the operation of the Facility.

(v) As agent for the County, manage risk management and Facility insurance needs, as more fully described in Article 15 ofthe Agreement.

(w) Make and be responsible for all routine and minor repairs, maintenance, preventative maintenance, and equipment servicing. Manager shall be responsible for ensuring that all repairs, replacements, and maintenance shall be of a quality and class at least equal to that of the item being repaired, replaced or maintained. Any replacement of an item in inventory, or any new item added to the inventory, which is paid for by the County, shall be deemed the property of the County.

(x) Cause such other acts and things to be done with respect to the Facility, as determined by Manager in its reasonable discretion to be necessary for the management and operation of the Facility following the Effective Date.

(y) Participate and provide consultation to County, its agents and contractors, during the design, planning, and construction/renovation ofthe Facility during the term of this contract.

(z) Attend regular meetings of the Kansas Expocentre Advisory Board and respond to reasonable requests from Board Members.

(aa) Be responsible for preventative maintenance and general maintenance and repair of all facilities (see Schedule 1). Maintenance ofthe interior, exterior, and infrastructure of the physical facility. Grounds keeping of all outdoor spaces on the applicable property. Inform the County of degraded conditions beyond ordinary wear and tear. Develop and annually update a long-term capital improvement plan (CIP) and a plan for major repairs & maintenance (R&M) activities. Provide the CIP and R&M plans. to the County as necessary and within the County required deadlines for consideration in the County's annual budget process. Take all actions necessary to maintain the validity of all warranties and for ensuring that repairs to part of the

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facilities or FF&E which are under warranty are accomplished under the warranty. Maintain a neat and orderly operation at all times.

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EXHIBITB EXISTING CONTRACTS

To be provided by the County within a reasonable time prior to the effective date of this contract. The County has provided Shawnee County Contract C4-2001 (hereinafter the "Tripartite Agreement") to Manager. The parties agree to use best efforts toward the execution of a similar agreement with the current owner of the Capital Plaza Hotel.

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EXHIBITC OPERATING BUDGET (1sT OPERATING YEAR)

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EXHIBITD INSURANCE

At all times during this Agreement, Manager shall maintain the following insurance coverage:

(a) commercial general liability insurance, including products and completed operations, bodily injury and property damage liability, contractual liability, independent contractors' liability and personal and advertising injury liability against claims occurring on, in, or about the Facility, or otherwise arising under this Agreement;

(b) umbrella or excess liability insurance;

(c) commercial automobile liability insurance, including coverage for the operation of owned, leased, hired and non-owned vehicles;

(d) workers compensation and employer's liability insurance as shall be required by and be in conformance with the laws of the State of Kansas;

(e) professional liability insurance and self-insured employment practices liability coverage;

(f) employment practices liability insurance;

(g) pollution liability; and

(h) cnme coverage.

Such liability insurance shall be maintained in the following minimum amounts throughout the Term:

Commercial General Liability $1,000,000 per occurrence $1,000,000 personal and advertising injury $1,000,000 products-completed operations aggregate

Umbrella or Excess Liability $5,000,000 per occurrence and aggregate

Automobile Liability $1,000,000 per accident (PI and PD combined single limit) $1,000,000 uninsured/underinsured motorist

Workers Compensation

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Workers Compensation: Statutory Employer's Liability: $100,000 each accident-bodily injury by accident

$500,000 policy limit-bodily injury by disease $100,000 each employee-bodily injury by disease

Professional Liability/Errors & Omissions (Claims Made basis) $1,000,000 each occurrence/aggregate

Employment Practices Liability Insurance (Claims Made basis) $1,000,000

Pollution Liability (Claims Made basis) $1,000,000

Crime Insurance Coverage on all on-site Manager employees. Limit: $500,000.00

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EXHIBITE TRANSITION COSTS

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·I

EXHIBITF

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RESOLUTION NO. 2017-~

A RESOLUTION ESTABLISHING SALARIES FOR ALL

DEPARTMENT HEADS

SPONSORED BY COMMISSIONER ARCHER

The Board of County Commissioners of the County of Shawnee, Kansas, meeting in regular session on this_ day of , does hereby resolve as follows:

1. The following is a listing of salaries for all Department Heads effective July 1, 2017.

TITLE

Director of Public Works/Solid Waste Director of Administrative Services County Counselor Director of Information Technology Director of Corrections Director of Parks and Recreation Appraiser Director of Community Corrections Director of Planning Director of the Local Health Dept. Director of Human Resources Director of Emergency Management Director of Facilities Management Director of the Weed Dept.

PER PAY PERIOD

$5,075.77 4,488.65 4,336.15 4,182.62 3,501.38 3,425.77 3,366.81 3,047.73 3,019.19 2,946.23 2,884.62 2,821.62 2,587.92 2,080.62

2. This resolution rescinds and supersedes the salaries listed Resolution No. 2016-57 and/or any other resolutions in conflict herewith.

ATTEST:

Cynthia A. Beck, County Clerk



Kevin J. Cook, Vice Chair

Michele A. Buhler, Member