B04.RD OF COUNTY COMMISSIONERS AGENDA THURSDAY, APRIL 2, 2015, 9:00A.M.

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

1. Recognition of Capitol Federal as "Title Sponsor of Spirit ofKansas"-Parks and Recreation. i

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

IV.

I. Ackn wledge receipt of Public Notice of an Ambulance Advisory Board special meeting to be held pril 8, 20I5 5:30pm at Stormont Vail Health Care and meeting minutes of the January 28 meeti g-Emergency Management.

2. Cons der authorization and execution of Contract C114-2015 with Red Gate Software Ltd for annu I maintenance and upgrade of the Database Deployment Tool, with an annual cost of

$5I910 -District Court.

3. Cons der authorization and execution of Contract Cl15-2015 with Jury Systems Incorporated for annu 1 JURY+ Software maintenance from May I, 20 I5 to April 30, 20 I6, for $2, I60.00 for prem urn maintenance and a onetime fee of $I ,500.00 for +3 service-District Court.

!

4. Cons der authorization and execution of Contract C116-2015 with Online Real Estate Data Sear Service for Melodee Pruett, Pruett Appraisal and Consulting-Appraiser.

5. Cons der approval of membership to the Kansas Association of Mappers and KGISD designation for L e Allen, GIS Coordinator in the amount of$45.0{}-Appraiser.

6. Ac owledge receipt of the resignation of James Hays from the Kansas Expocentre Advisory Boar as a Commission District 1 representative.

7. Cons der authorization and execution of Contract C117-2015 with Rod Garman to instruct the swi team at the Shawnee North Family Aquatic Center for a fee of $I 00.00 per participant­Park and Recreation.

A .. COUN Y CLERK- Cynthia Beck

I. Cons~der all voucher payments.

2. Cons· der correction orders.

3. Pub! c Hearing for the exemption of certain property owned by Mars Chocolate North America, LLC from ad valorem taxation for economic development purposes and consider approval of Res lotion No. 2015-28 exempting said property-Commissioner Cook.

B. INFO ATION TECHNOLOGY- Pat Oblander

I. Con1ider authorization and execution of Contract CllS-2015 with Computer Information Con epts for annual maintenance of the Tax Administration Solution platform in an amount of $67, 00.00.

C. HEAL H AGENCY- Alice Weingartner/ Allison Alejos

I. Con ider approval of request to advertise and fill one vacant and one soon to be vacant Office Assi tant II positions at an annually salary of $32,336 including benefits for both positions-CHC.

2. Consi er authorization and execution of Contract C119-2015 with United Way to serve as fiscal agent or the Early Childhood Block grant with a match of $18,800.00-LHD.

3. Consi er participation in Outreach, Prevention and Early Intervention Services program funding throu h the Kansas Dept. of Health and Environment with a match of $180,000.00 to be paid with the E rly Childhood Block Grant-LHD.

D. PARKSjAND RECREATION -John Knight

1. Consi6er approval of request to solicit "Requests for Proposals" for design-build services for cons~ction of a sound wall at Old Prairie Town at Historic Ward-Meade site with a cost estim,ted to be $210,000.00.

2. Consi~er authorization and execution of Contract C120-2015 with Ryan Marick d/b/a The Woo±n Racquet for the operation and management ofKossover Tennis Complex with cost to the CounT of$38,000.00 annually and payment of the utilities at the site.

3. Cons[' er authorization and execution of Contract C121-2015 with the Colmery-O'Neil Veterans Admi istration Medical Center to provide a vocational rehabilitation training opportunity for veter s with reimbursement to the Local Office of Veteran Affairs of$8.25 per hour for each regul r hour worked.

I

4. Consi~er authorization and execution of Contract Cl22-2015 with J&M Displays for pyrotechnic servic~s for the Spirit of Kansas Celebration at a cost of$30,000.00 to be paid from the Parks and Recre tion Foundation, fmancial contribution from the Capitol Federal Foundation and solicitation of oth r potential sponsors to offset costs not covered by the Capitol Federal Foundation donation and a proval of Resolution No. 2015-29 for safe and efficient direction of traffic into and out of Lake hawnee on July 4, 20 15-Commissioner Cook.

5. Consi er approval to waive Resolution No. HR-2014-1 and extend the quotes for pricing from Ad­Wearlnd Specialty of Texas for purchase of staffT-shirts and sports league shirts, hats and/or visors for an additional two years ending January 1, 2017 in an amount estimated to be $17,000.00 with osts recovered through user fees.

E. PUBLI WORKS/SOLID WASTE- Tom Vlach

1. Consi~er approval of request to award bid to Welborn Sales, Inc. for purchase of metal culvert materials in an estimated amount of$55,000 to $75,000.

2. Consider approval of request to purchase 65-gallon trash/recycling containers in an amount of $25,727.00 for 648 containers and $470.00 for freight.

F. EMERGENCY MANAGEMENT- Dave Sterbenz

1. Consider approval of the reappointment of Angela Gamber to serve a (3) three year term expiring on June 11,2018 on the Ambulance Advisory Board.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSION

SHAWNEE COUNTY BOARD OF HEALTH MEETING AGENDA

APRIL 2, 2015

10:00 a.m.

Shawnee County Courthouse, 200 SE 7th Street, Room B-11

I) Welcome and Introductions

2) Local Health Department Primer

3) 2015 County Health Rankings

4) Community Health Improvement Plan

5) Public Comments

6) Closing Comments

a SHAWNEE COUNTY

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT DIRECTOR

3137 SE 29TH ST.

PARKS~RECREATION TOPEKA, Ks 66605-1885

(785) 251-2600 j ohn.knight@snco. us

March 3, 2015

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Director ) Parks & Recreation

Recognize Capitol Federal as Title Sponsor of Spirit of Kansas (This item is intended for the April2, 2015, Presentation Agenda)

Board of Commissioners recognition of Capitol Federal as "Title Sponsor" of the Spirit of Kansas is requested.

The Spirit of Kansas, the annual firework display and celebration of our nations' independence will again be held at Lake Shawnee, July 4, 2015. This community event has been recognized every year since 1997 the year the event returned to Lake Shawnee.

Today's economic climate and political realities require most Park and Recreation departments to seek productive and meaningful partnerships with both community organizations and Foundations to deliver quality and seamless services to their residents. The Capitol Federal Foundation is one of these Community Partners that helps Shawnee County Parks and Recreation create and develop Community events such as Spirit of Kansas. Partnerships like this enhance the quality of life for Shawnee County residents.

Representatives from Capitol Federal Foundation will present a check to Shawnee County for the 2015 Spirit of Kansas.

JEK/gcl RL

SHAWNEE COUNTY Department of

Emergency Management 200 SE y'h Street

Emergency Operations Center Topeka, KS 66603 (785) 251-4151

Dave Sterbenz, Director

March 30, 2015

MEMO: Public Notice of Meetings and January 2015 Minutes

TO: Board of County Commissioners - Shawnee County

FROM: Dave Sterbenz - Chairperson of Ambulance Advisory Board~ Director Shawnee County Emergency Management Nelson E Casteel - Ambulance Compliance Officer Shawnee County Emergency Management

Public Notice of Meeting Shawnee County Ambulance Advisory Board

The Ambulance Advisory Board will meet for a Special Meeting on Wednesday April 8, 2015 at 1730 hrs at Stormont Vail Health Care. At this time, the exact meeting room has not been identified.

Agenda for the Special Meeting is pending at this time.

The Ambulance Advisory Board will meet for their Regular Meeting on Wednesday April 22, 2015 at 1730 hrs St Francis Hospital located at ·

1700 SW 7th Street Meeting Room #1

39.056763, -95.696428 15STD6668026536

The approved meeting minutes for the Ambulance Advisory Board meeting held on January 28, 2015 are attached for your review and placement on the Consent Agenda.

Questions may be directed to: Chairperson Dave Sterbenz (785-251-4151) Ambulance Compliance Officer Nelson E Casteel (785-251-4558)

Mitigation Preparedness Response Recovery

SHAWNEE COUNTY AMBULANCE ADVISORY BOARD MEETING MINUTES

Wednesday January 28, 2015 at 17:30 hrs City of Topeka Fire Dept Admin Office 324 SE Jefferson Street, Topeka KS

39.05325, -95.66593

Call to Order- Meeting called to order at 17:33 by Chairperson Dave Sterbenz.

Roll Call: Five Board Members present.

Guests:

(Board Members AI McKenzie, Angela Gamber, Jack Collie, Nels Anderson, Paul Leavens)

Ex-Officio Member Commissioner Shelly Buhler AMR Operations Manager Ken Keller Ambulance Compliance Officer Nelson E Casteel

Chairperson Sterbenz introduced Commissioner Buhler as the new Ex-Officio Member for 2015.

Approval of Agenda

Motion by Board Member Gamber; second by Board Member Collie: passed 5-0 to approve the agenda as presented.

Approval of previous Minutes

Minutes from October 2014 meeting

Old Business

Motion by Board Member Gamber: second by Board Member Collie passed 5-0 to approve the minutes as presented.

Discussions between Board Members relating to contract changes.

Page 1 of4

Compliance Officer Casteel reported that this was a continuation of the discussions that have been occurring since October 2013.

Requests were received from Board Members to have access to other AMR contracts, which were then procured by Compliance Officer Casteel through Open Records Requests at no cost to the county.

Operations Manager Keller also provided a document (same document provided in October 2013 and February 2014) with his suggestions, format changes and clarifications. The document was color coded as follows: Red print represents the strike-throughs; Blue print represents what should be added or changed; and Green representing thoughts or other suggestions.

Comparisons were made between other AMR contracts in Kansas (Linn County and Wabaunsee County).

In answer to a question from a Board Member, Operations Manager Keller reported that the other counties that AMR has contracts with in Kansas do not have response time requirements.

MEETING MINUTES 1-28-2015

New Business

SHAWNEE COUNTY AMBULANCE ADVISORY BOARD MEETING MINUTES

In answer to question from a Board Member, Compliance Officer Casteel reported that the fines for 2013 amounted to $790; and in looking at 2014 the fines should be near or lower than $1000. Compliance Officer Casteel further reported that AMR is only fined when non-exempted runs are over the 15 minute mark inside the City of Topeka.

Operations Manager Keller and Compliance Officer Casteel explained the yearly Franchise Fees paid by AMR to the City of Topeka. AMR pays franchise application fee of $25.00 and pays $14.00 for each vehicle each January 1st.

In answer to a question from a Board Member, Operations Manager Keller reported that each operation AMR is involved in, have their own complexities that have to be addressed. For that reason, contracts from other operations may not fit into the Shawnee County operations.

In answer to a question from a Board Member, Compliance Officer Casteel reported that the current contract was written and approved in 2005 (C428-205), extended by the Commission in 2010 (C293-2010)-and has an expiration date of December 31, 2016.

Board Members and Operations Manager Keller discussed page 3 of the proposed language pertaining to the "medical protocols approved annually by the Shawnee County Medical Society."

In answer to a question from a Board Member, Operations Manager Keller indicated that a firm definition of fair profit has to be placed in the next contract.

Chairperson Sterbenz reported that the Shawnee County Board of County Commissioners are looking at the Ambulance Advisory Board to provide them with recommendations and options regarding the contract.

Motion by Board Member McKenzie; second by Board Member Anderson; passed 5-0 to submit the document provided by Operations Manager Keller to the County Counselor for a written opinion of the legalities; as well as allow Operations Manager Keller to be in direct contact with the County Counselor to provide any additional information or answer any questions.

Compliance Officer Casteel provided information regarding the upcoming FY2016 Budget Process.

Page 2 of4

Compliance Officer Casteel reported that the budget process will be sent out to Department Heads and Elected Officials on April1, 2015. With the exception of AMR, all budgets are due on May 15, 2015. At this time there are no directives about what to submit and how to submit it.

Compliance Officer Casteel reported that there will only be two meetings of the Board following that date. Compliance Officer Casteel reported that Audit Finance Director Betty Greiner has agreed to attend the May 27 2015 meeting. The documentation from the Board and AMR will be due two days following May 27 2015 meeting. Compliance Officer Casteel reported that he would assist AMR in getting their documentation to the Audit Finance Director.

Operations Manager Keller reported that he would provide the Audited Financials by May 15, 2015.

MEETING MINUTES 1-28-2015

SHAWNEE COUNTY AMBULANCE ADVISORY BOARD MEETING MINUTES

Compliance Officer Report

Compliance Officer Casteel presented information from his report.

Compliance Officer Casteel reported that the response times for 2014 are very good.

Compliance Officer Casteel reported that the change to 12 hour crews by AMR in January 2014 has assisted in lowering the crew chute times.

Compliance Officer Casteel reported that the OPAP System (Operations Planning and Analytics Platform) is making the processes much easier.

Compliance·Officer Casteel reported the meeting calendar as follows:

March 25, 2015 April22, 2015 May 27, 2015 July 22, 2015 October 28, 2015

Topeka/Shawnee County Public Library St Francis Hospital Soldier Towns hip Fire Department Topeka/Shawnee County Public Library Shawnee County Fire District #3 in Rossville

Communications by AMR Management

Operations Manager Keller updated the Board Members on the 2014 estimates.

Operations Manager Keller reported that they were 629 ·transports over plan for a total of 16272 transports for 2014. The collections were 1.49% over plan.

Operations Manager Keller estimated that $127,000 came in from standbys while $36,500 came in from training and education.

Operations Manager Keller indicated that these factors contributed to the local operation having an estimated net profit of $534,67 4. Operations Manager Keller reported that if the transports and collections had not been favorable, the estimated net profit would have been near $34,000.

In answer to a question from a Board Member, Operations Manager Keller explained the Payor Mix and how the rate increase approved for 2014 impacted it.

Administrative Communications

Page 3 of4

Commissioner Buhler reported that the "dropbox" process used for the 2015 Budget process in Summer of 2014 worked very well.

Compliance Officer Casteel reported he would be in contact with Director Betty Greiner and Commissioner Buhler to set up an account.

Board Members reported that they were continuing to practice and exercise their Ebola procedures and plans. '

MEETING MINUTES 1-28-2015

SHAWNEE COUNTY AMBULANCE ADVISORY BOARD MEETING MINUTES

Executive Session

No executive session was needed.

Public Comments

No public comments were made.

Adjournment

Motion by Board Member Anderson and second by Board Member Leavens passed 5-0 to adjourn.

Meeting adjourned at 18:37

Minutes approved by unanimous vote of Board during the meeting on March 25, 2015.

If! Cha£nDave Sterbenz

Page 4 of4 MEETING MINUTES 1-28-2015

Approved Date: 3/25/2015

CATHY S. LEONHART Court Administrator

KANSAS DISTRICT COURT Shawnee County Courthouse

200 S.E. 7th, Suite 406 Topeka, Kansas 66603 (785) 233-8200 Ext. 4018

Fax (785) 251-4917

TO: Commissioner Cook Commissioner Buhler Commissioner Archer

FROM: Cathy Leonhart

RE: Database Deployment Tool contract

DATE: March 27,2015

LEE LEGAULT Administrative Assistant

CAROL BAUSCH Jury Coordinator

Please review the attached 3 year support contract. Thank you for considering for approval.

CSL/11

STEPHANIE A THEEL

Court Information Systems Director

MEMO

KANSAS DISTRICT COURT Shawnee County Courthouse Court Information Systems 200 SE 7th Street, Suite 305 Topeka, Kansas 66603-3922

Phone: (785)251-4415 Fax: (785) 251-4962

To: Cathy Leonhart, Court Administrator

From: Stephanie Theel, Director -,~ .. / Court Information System:tJf

Date: March 24,2015

Re: Database Deployment Tool

APRIL EASTON DBAIRHEL System Admin

Please present the attached quote to the Board of County Commissioners for their review and approval.

The attached quote is for the three (3) years support and upgrades of a tool that will be utilized for software deployment for the court's document management system.

With the consent of the Board of County Commissioners, these services will run from May 1, 2015 to May 1, 2018 and is billed as a onetime fee of$519.00. Monies have been budgeted for the contract in the 2015 budget.

Thank you for your consideration in this matter.

r Approved~.z-...c:~~

Cathy Leoart, Court Administrator

Red Gate Software - Quote from Red Gate Software Ltd https:/ /www.red-gate.com/Dynamic/Quotes/q?QuoteiD=441869&pa ...

of 1

Quote Red Gate Software Ltd

Newnham House Cambridge Business Park Cambridge CB4 OWZ, UK

April Easton

Fax

US I Canada (Toll free)

1 877 735 4871

World

+44 (0) 870 0635 117

Shawnee County District Court Attn: Accounts Payable 200 South East 7th Suite 305

Telephone Email

US I Canada (Toll free)

1 866 RED GATE

sales@red-gate.com

World

+44 (0) 870 1600 037

aeaston@shawneecourt.org 785 233 8200

Quote number Code

441869 AJP OYY

Topeka Kansas

Date issued Valid until

14 January 2015 02 May 2015

66603 United States

Quantity Product ;,""~"-"'"<>''·-'·"""''~~~-~·· .,.,_,._H,?,~·,"'"='~ "'-':'0l<.'>"- '""-""•' ~---"'ry•••• ·O''"'~O"'· •'"''"" "''-""~"""'""""0',."''''·"·'"'' ·-=

1 Support & Upgrades package for Deployment Suite for Oracle (S103U1M36) 1 user license

: 3 years support & upgrades starting on 01 May 2015 & ending on 01

'"···~~~ O'ON> •• L~~X ... ~~.~.~-· ~··" '' ...... . i Serial Numbers for support: i 515-001-176211-18F7 /,-~'-''""'·"~ ),T,... ~,,..,_.,,,,,<• -.--·-,, '-"'""''''•~ • "0"'" o• "-"'-'"'""'"•" "'>"o"•'

Sub-total

VAT

Total (USD)

Price

$519.00

$0.00

$519.00

Please note our standard payment terms are Net 14 days.

You can pay in three ways:

1.

2.

3.

Pay online and start using your software straight away at https://www.red-gate.com/Dynamic /Quotes/OpenQuote

Email your company purchase order to orders@red-gate.com including your quote number 441869.

Print this quote, sign it, fax it to us at 1 877 735 4871 and we'll email you an invoice.

X Signed: Date:

Name (printed): PO number:

Registered office at

VAT registration #

Registered in England #

Newnham Ho.use, Cambridge Business Park, Cambridge, CB4 OWZ

GB 733 5993 OS

3857576

3/24/2015 2:10PM

CATHY S. LEONHART Court Administrator

KANSAS DISTRICT COURT Shawnee County Courthouse

200 S.E. 7th, Suite 406 Topeka, Kansas 66603 (785) 233-8200 Ext. 4018

Fax (785) 251-4917

TO: Commissioner Cook Commissioner Buhler Commissioner Archer

FROM: Cathy Leonha~

RE: Jury Systems Premium and Maintenance

DATE: March 24, 2015

LEE LEGAULT Administrative Assistant

CAROL BAUSCH Jury Coordinator

Please review the attached maintenance contract for approval. This is the system utilized for issuing jury s~mmons for the court. The + 3 service includes the yearly data uploaded and any revisions needed throughout the contract period.

Thank you for your consideration.

CSL/11

Federal Tax ID: 95-4617347

Bill To:

uOUrt Admi1n»u ator Shawnee County 200 S.E. 7th, Suite 406 Topeka, KS 66603-3922

·.e~.·.·~·- :·.· ' . ; ,. ' .

t•_t•·•:• •: JURY SYSTEMS

INCORPORATED

·-----1

Invoice Invoice#: 00006496

Date: 3/18/15

Page:

Terms: Net 43

Your Order#:

r------------ Q~~r,~~·~io~n __ __ Amount Taxable ! -----l

JURY+ Annual Maintenance Renewal (5/1/15- 4/30/16) Premium Plan +3 service

Sub Total

$2,160.00 $1,500.00

$3,660.00

This Invoice is due and payable per the terms stated above. Please make checks payable to:

Jury Systems Incorporated. Send your payment, marked "Attention Accounts Receivable",

to the address shown below. Thank you.

Sub Total: $3,660.00

Shipping: $0.00

Sales Tax: $0.00

I TOTALDUE $3,660.00

1985 YOSEMITE AVENUE, SUITE 135 SIMI VALLEY, CA 93063 PHONE: 805-285-5800 FAX: 805-285-5842 JURYSYSTEMS.COM

March 19, 2015

Court Administrator Shawnee County 200 S.E. ih, Suite 406 Topeka, KS 66603-3922

Dear

JURY SYSTEMS INCORPORATED

Enclosed is an invoice for JURY+ Maintenance Renewal for the period May 1, 2015 through April 30, 2016. The Premium Maintenance is $2,160 and the $1,500 charge is for +3 Service

one time per year.

Also enclosed is the JURY+ Software Maintenance Agreement for the specified maintenance period. Please sign the new Maintenance Agreement and return a copy to JSI and forward the invoice for payment.

If you have any questions please feel free to call Benjamin Myers your Account Executive at

805-285-5831.

6?Z~22z-Lisa Perl VP of Finance & Operations

Enclosures

1985 YOSEMITE AVENUE, SUITE 135 SIMI VALLEY, CA 93063 PHONE' 805-285-5800 FAX: 805-285-5842 JURYSYSTEMS.COM

JURY+ Jury Management System Software Maintenance Agreement Renewal

Terms and Conditions 03/19/15 Page 1

JURY SYSTEMS INCORPORATED

This agreement is made between Jury Systems Incorporated ("JSI") and Shawnee County Kansas District Court ("Customer") for the renewal of the Software Maintenance Agreement entered into on March 26, 2001 regarding the following Programs (as "Programs" is defined in said Software Maintenance Agreement.

JURY+ Next Generation

The terms and conditions of that existing Software Maintenance Agreement is incorporated as part of this Agreement as if fully set forth herein.

In recognition and consideration of needs and circumstances that have arisen since the execution of the agreement and in recognition of the need to continue the ongoing relationship, the parties wish to amend and clarify the agreement as follows:

Section 7 (a) 1st paragraph titled Schedule of Charges and Payment is amended to read:

The annual charge for the Premium JURY+ Maintenance specified in Paragraph 1 shall be 18% of the non-discounted published license price, at the time of installation, for the JURY+ configuration installed.

The renewed maintenance period begins immediately upon expiration of the existing Software Maintenance Agreement. If the existing Software Maintenance Agreement expires of its own terms prior to execution of this renewal, Customer will not be entitled to receive maintenance services for JURY+. To reinstate such services, Customer must pay maintenance fees for all periods during which maintenance was not in effect, on a cumulative basis, together with interest thereon compounded annually at the rate of ten percent (10%) per annum commencing with the expiration or termination of the last paid maintenance period. Upon renewal of the Software Maintenance Agreement, duration of maintenance shall be retroactive to the date of expiration of the previous Software Maintenance Agreement.

The annual maintenance fees for JURY+ for the period of 5/1/15-4/30/16 are as follows: Premium Plan $ 2,160 +1 Plan $ 0 +2 Plan $ 0 +3 Plan $ 1 ,500

Total $ 3,660 (plus applicable taxes)

Limitation of Warranty

JSI AGREES THAT ALL SERVICES COVERED BY THIS AGREEMENT SHALL BE PERFORMED IN A PROFESSIONAL MANNER CONSISTENT WITH GENERALLY ACCEPTED DATA PROCESSING INDUSTRY STANDARDS. JSI MAKES NO OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO ENHANCEMENTS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT AS TO MERCHANTABILITY OR FITNESS OF SUCH ENHANCEMENTS NOR ANY OTHER WARRANTY, EXPRESS OR IMPLIED ARISING BY LAW OR OTHERWISE AS TO SUCH ENHANCEMENTS, EXCEPT AS STATED IN THIS

JURY+ Jury Management System Software Maintenance Agreement Renewal

Terms and Conditions 03/19/15 Page2

JURY SYSTEMS INCORPORATED

AGREEMENT. JSI MAKES NO REPRESENTATION OR WARRANTY AS TO THE MANNER OF PERFORMANCE OF INVESTIGATIVE OR CORRECTIVE SERVICES UNDER THIS AGREEMENT, NOR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, EXCEPT AS STATED IN THIS AGREEMENT. JSI ASSUMES NO LIABILITY OR OBLIGATION OTHER THAN THOSE EXPRESSLY STATED IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY OBLIGATION OR LIABILITY WITH RESPECT TO LOSS OF USE, REVENUE, PROFIT OR CONSEQUENTIAL DAMAGES.

Attachments

Attached hereto and made a part hereto: n/a

IN WITNESS WHEREOF, JSI's and the Customer's authorized representatives execute this Agreement as follows:

JSI Jury Systems Incorporated

:~062L Lisa Perl

VP of Finance & Operations

Customer

By ______________________ __

Name Printed ----------------Title _______________ _

Date --------------------~

Shawnee County OFFICE OF COUNTY APPRAISER

Steve J Bauman, RMA

Memorandum

To:

From:

Date:

Re:

Board of Shawnee County Commissioners

Steve Bauman, Shawnee County Appraiser ..ti2 . March 27,2015

Consent Agenda Request - Shawnee County Online Real Estate Data Service

Please place the following item on the earliest convenient consent agenda:

I am requesting approval of the attached Shawnee County Online Real Estate Data Search Service Agreement.

1515 NW Saline, Suite 100- Topeka, Kansas 66618-2838- Phone (785) 233-2882- Fax (785) 291-4903

MAR 1 8 2015

SHAWNEE COUNTY ONLINE REAL ESTATE DATA SEARCH SERVICE AGREEMENT

THIS SHAWNEE COUNTY ONLINE. REAL ESTATE DATA SEARCH SERVIC~ AGREEMENT ("Agreement") is made and entered into this 26th day ofFebruary, 2015, by and between Shawnee County, Kansas, a municipal governrnenh.inder:the lavvs ofthe StateofKansas, by and through the County Appraiser ('County''), and Ml&fodee'PtUett· wfth Pruett Appraisal & Consulting. ("Member'') with its principal offices located 1510 SW 26th St, Topeka Ks, 66611. ·

WHEREAS, the County has developed an internet site whereby Members can access Shawnee County real estate information; and

, WHEREAS, Member has requested access to the real estate information on the County's internet

site; and

WHEREAS,· the County and Member desire to enter into an agreement for access to the real estate data ori the County's internet site.

NOW, THEREFORE, in. consideration of the mutual promises and covenants contl;lined in this Agreement, the County and Member agree as follows: .. ·

1. SERVICES

1.1. The County agrees to provide on-line access to Shawnee County real estate characteristic information to. Member pursuant to the terms and conditioris stated in this Agreement (the "S.er-Vice•'). · Member shall access the Service via the County's web site ("Web Site") through the use of a u8er ID and password. The County will provide maintenance and support for the Service. No other services are provided under this Agreement. The real estate information provided through the Service will include the information obtained from the County's computer assisted mass appraisal (CAMA) system as well as real estate sales validation questionnaires.

1.2. Member is .. responsible for establishing and providing its own connection to the County's Web Site. · · ·

1.3: 'Member acbowledges and ~grees that the County's Web Site was developed by and is solely owned by the County and _that it will reinain the exclusive property of the County.

2. FEES AND PAYMENT

2.1 Member shall and hereby agrees to pay to the County a service fee in the amount of $255.00for Service provided from February 26, Z015 to February 26, 2016. Payment is due on receipt. Payments shall be made to: · ·

. \ . Shawnee County Appraiser

· ' '·' Attn: Tanya Biswell ' . 1515 NW S~line Ave

Topeka, KS 66618

2.2 The County expressly reserves the right to increase the fees set forth above. The County shall provide t.o Member thirty (30) days written notice of any such increase and Member shall have

Page 1 of3

the option of terminating this Agreement within the thirty (30) day notice period if Member objects to the fee increase.

3.MEMBER'S RESPONSIBILffiES AND CERTIRFICATION

3.1 Membey agrees that its u~e of the Servicv .~nd of information obtained through the Service wiil not be released, distributed, or exchanged with other persons or entities unless otherwise authorized by law.

3.2 Member is solely responsible for its use of the Service. Member agrees that it will not use the Service for any ill ega] purpose, in infringement of copY!ight, trademark, intellectual property or proprieta1y rights or laws, or in any mamter or for any purpose that intet:feres with or disrupts other users, services, or equipment.

3.3 The County shall provide to Member a user ID and password for use in accessing the Service. Member is solely responsible for managing its user ID and password. Member shall take all necessary and appropriate security measures to ensure that Member's user ID and password is not disclosed to other persons or entities. Member shall not share, loan, assign, transfer, or release its user ID and password to any other person or entity.

· 3.4 Member agrees that it will not use the data and information obtained through the Service for l;Jle purpose of selling or offering for sale any property or service to any person listed or to any person who resides at any address listed in the County's data, nor will Member sell, give or othefWise make available to any person any list o( names or addresses contained in or derived from such data for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed in the Coi.mty's data. Member has read K.S.A. 45-220 and K.S.A. 21-3914 regarding the prohibition against using data for direct or indirect solicitation and agrees to comply with all applicable laws regarding use of the data and information obtained through the Service.

4. DISCLAIMER OF WARRANTIES

4.1 The County shall operate and maintain the Web Site, contingent upon the County's netWork and equipment capacity, and connection availability. Member acknowledges and agrees that the County does not operate or control the Internet o'f the World Wide Web. .

4.2 The county expressly disclaims any express or implied warranties, representations, or endorsements regarding any information, products, or services provided pursuant to this Agreement or through the We~ Site. Member acknowledges and agrees that the Web Site is for informational purposes only: The information, products, or services provided pursuant to this Agreement or through the Web Site are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of title, noninfringem~nt, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by the County's employees, agents, or contractors shall create a warranty. Under no circumstances shall the· County be liably for any direct, indirect, incidental, special, punitive, or consequential damages or losses that result from the Member's use of or inability to access any part of the Web Site or Member's reliance on or use of infortJ:¥ltion, products, or services provided on or through the Web Site or that result from mistakes, omissions, interruptions, loss, theft, or deletion of files, errors, defects, delays in operation or transmission, computer viruses, or any failure of performance.

Page2 of3

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5. TERMINATION

5.1 This Agreement shall continue from and to the dates first listed above unless terminated by either party as provided herein. Either party may terminate this Agreement with or without cause by giving thirty (30) days written notice to the other party. Upon submission of such notice, this Agr_eernent shall terrr~~t~ at the COifR~lfsio~ ,C!~ thv, ~irty-day not~?e-_period.

6. MISCELLANEOUS

6.1 The waiver of any breach of any provision of this Agreement shall not constitute a waiver of any subsequent breach of the same or other proVisions herein.

6.2 This Agreement contains the entire understanding between the parties and supersedes all prior agreements or understandings between the parties with respect to the subject matter hereof.

' 6.3 Any modifications or waiver of any provision- in this Agreement shall not be effective unless made in wliting.

6.4 This Agreement shall be governed by and construed in accordance with the laws of the Sta_te of Kansas.

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6.5 Member shall not assign, transfer, convey, sublet, resell or otherwise dispose of this Agreew.ent or any of the rightS and obligations hereulfder without the prior written consent of the County:··

MEMBER SHAWNEE COUNTY, KANSAS

By:·------------~-----------­Kevin Cook, Chair Shawnee County Commission

Title: Date:. _________________________ __

Date: 3/Jf.LJPOIS

Phone Number: '7 8 5 - 2.! '/- 2 22 'f

FaxNumber: 715- 2:5~- 222-9

E-mail: P Y"UC fl.-G!JP/' /'etf.Htf di:Jafb /lef I . '

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Shawnee County OFFICE OF COUNTY APPRAISER ·

SteveJ Bauman, RMA

Memorandtnn

To:

From:

Date:

Re:

Board of Shawnee County Commissioners r{ Steve Bauman, Shawnee County Appraiser '(D March 28, 2015

Consent Agenda Request -Kansas Association of Mappers (KAM) Invoice - Lee Allen

Please place the following item on the April 2nd consent agenda:

I am requesting approval of the attached Invoice for membership and KGISD designation renewal for our GIS Coordinator Lee Allen in the amount of$45.00. This amount was not included in the membership budget approved in January due to timing, but there are sufficient funds available.

1515 NW Saline, Suite 100- Topeka, Kansas 66618-2838- Phone (785) 233-2882- Fax (785) 291-4903

\ ..

. INVOICE

Kansas Association of Mappers The Kansas Professional Society for Mapping and GIS

Member renewal

Invoice number: 01166 Issued: 24 Feb 2015

Bill to: Lee Allen Shawnee County lee.allen@snco.us 785.251.6050

Membership renewal. Level: Regular Membership. Renewing until 01 Jan 2016

Extras: Designation Renewal Fee - KGISD Renewal

Total: $45.00 Balance Due: $45.00

Please make all payments out to: Kansas Association of Mappers (KAM) PO Box 3788 Lawrence, KS 66046-0788

www.kansasmappers.org karnapp~rs@gmail.com

$30.00

$15.00

KVLF Kaw Valley Limousin--Registered Limousin Cattle

13441 NW 62nd Street Rossville, Kansas 66533

James H. Hays

Shelly Buhler, Commissioner Shawnee County Commission 200 SE 7th Room B 11 Topeka,KS 66603

Dear Commissioner Buhler,

Thursday, March 12, 2015

phone 785-584-6801 cell 785-250-0712

e-mail jim.hays829@gmail.com

It is with regret that I must tender my resignation from the Kansas Expocentre Advisory Board. Retirement has changed our lives in several ways and I can no longer continue to make some of the time commitments that I had previously enjoyed.

When you asked me to serve, I was flattered by your confidence in my ability to contribute in this important role. Thank you for the opportunity; the experience of getting to know the people and the problems involved in managing this facility has been an important learning exercise for me, one which I will continue to benefit from.

Best wishes in all your future efforts on behalf of our community in your role on the commission. We are indebted to you beyond all measure.

Sincerely,

James H. Hays

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SHAWNEE COUNTY

PARKS~RECREATION

March 30, 2015

TO:

FROM:

RE:

Board of Commissioners

Shawnee County ~

John E. Knight, Director ) Parks & Recreation

Service Contract Recreation Division

SHAWNEE COUNTY PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR

3137SE 29rH ST. TOPEKA, Ks 66605-1885

(785) 251-2600 john.knight@snco.us

Board of Commissioners approval is requested on the attached Service Contract. These Service Contracts are a valuable tool used by Parks & Recreation to provide compensation to individuals who desire to share their skill and talent with the public as independent contractors.

In June 2014, a Shawnee County Parks & Recreation Master Plan was approved by the Board of Commissioners. Through this plan the identified community's vision for programming is "to reach out to people of all ages too encourage them to experience parks and recreation facilities through well designed programs that create a lifetime ofmemories." To meet this vision, a goal was established to "continue existing core programs of; preschool-age programs, athletics for youth and adults, youth and adult life skill programs, camps , wellness and fitness programs, senior programs, aquatic programs, and special events, and include new core programs in outdoor adventure, adaptive recreation, and senior services. "

For maximum effectiveness, the Master Plan further addressed the importance of recreation program analysis, core programming, cost recovery and pricing strategies. Staff will at least annually; analyze the program offerings in relation to several factors including a life-cycle analysis. The provision of these programs whether directly provided by the department within Shawnee County facilities, or through partnerships with other agencies, school districts, etc., require quality individuals or companies to instruct these programs. Service Contracts are a valuable tool used by the department to provide compensation to individuals who desire to share their skill and talent with the public as independent contractors.

Following is a Service Contract that Parks & Recreation is requesting approval:

Contractor Rod Garman

Service Provided Instruct Swim Team for a fee of $100 per student

The cost recovery of programs varies depending on their classification; core essential, important, or value-added. The above program is classified as value-added program where the targeted cost recovery rate is 1 00% or higher. This means that the participant, not the tax payers or General Fund pay for all of the true costs of these programs. Staff has begun a thorough process of determining these true costs associated with these programs and has developed and is monitoring a pricing plan to insure these true costs are recovered.

JEK/gcl RL Attachment

SHAWNEE COUNTY CONTRACT NO. c I I 1 -2015

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Rod Gannan (Contractor).

1. SERVICES TO BE PERFORMED

Contractor agrees to perform the following services for County:

Instruct the swim team at the Shawnee North Family Aquatic Center.

This Agreement shall commence on June 8, 2015, and shall end on July 23, 2015, unless this Agreement is terminated sooner or exten1ed in accordance with its terms.

2. PAYMENT •.:.

In consideration of the services to be performed by Contractor, County agrees to pay Contractor as follows:

Task Duties Compensation

Instruct swim team NA $100 per participant

Contractor shall be responsible for all expenses incuqed while performing services under this Agreement. This includes equipment; supplies; telephone expenses; automobile and other travel expenses; meals and entertainment; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to complete the work under this Agreement.

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION

Contractor is an independent Contractor, not a County employee. Contractor's employees or contract personnel are not County employees. Contractor and County agree to the following rights consistent with an independent Contractor relationship:

a. Contractor has the right to perform services for others during the term of this Agreement.

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

c. Contractor shall not be assigned a work location on County premises, and Contractor has the right to perform the services required by this Agreement at any place, location or time.

d. Contractor will furnish all equipment and materials used to provide the services required by this Agreement.

e. Contractor has the right to hire assistants as subcontractors, or to use Contractor's employees to provide the services required by this Agreement.

f. Contractor or Contractor's employees or contract personnel shall perform the services required by this Agreement and Contractor agrees to the faithful performance and delivery of described services in accordance with the time frames contained herein; County shall not hire, supervise or pay any assistants to help Contractor.

g. Neither Contractor nor Contractor's employees or contract personnel shall receive any training .from County in the skills necessary to perform the services required by this Agreement.

h. County shall not require Contractor or Contractor's employees or contact personnel to devote full time to performing the services required by this Agreement.

Further, Contractor hereby certifies:

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

J. Contractor must provide Federal Tax or Social Security Number on required Form W-9.

k. That Contractor understands that he/she is solely responsible, individually for all taxes and social security payments applicable to money received for services herein provided. Contractor understands that an IRS Form 1099 will be filed by the County for all payments received.

4. INDEMNIFICATION AND HOLD HARMLESS

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

5. INSURANCE

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

6. OWNERSHIP OF PRODUCTS/DOCUMENTS

Contractor hereby assigns to County all rights to all products, reports, documents, photographs, videos, data, and drawings produced by Contractor as a result of its services to County during the term of this Agreement.

7. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION.

Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to Contractor at least thirty (30) days prior to the end of its current fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any of Contractor's equipment, leased or otherwise, provided to County under the contract. County will pay to the Contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by County, title to and possession of any equipment purchased by the County under the contract, but not fully paid for, shall revert to Contractor at the end of County's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the Contractor.

8. ANTI-DISCRIMINATION CLAUSE.

The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas 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

3

contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a Contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

9. ACCEPTANCE OF CONTRACT.

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

10. ARBITRATION, DAMAGES, WARRANTIES.

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

11. REPRESENTATIVE'S AUTHORITY TO CONTRACT.

By signing this document, the representative of the Contractor thereby represents that such person is duly authorized by the Contractor to execute this document on behalf of the Contractor and that the Contractor agrees to be bound by the provisions thereof.

12. TERMINATION OF AGREEMENT

This Agreement may be terminated by either party by giving the other party written notice of the intent to terminate. The notice must specify a date upon which the termination will be effective, which date may not be less than 7 calendar days from the date of mailing the notice. Only services satisfactorily performed up to the date of receipt of notice shall be compensated by County and such compensation shall be pursuant to the terms of this Agreement. Notice shall be deemed received 3 days after mailing in the United States mail, using first class mail, postage prepaid.

13. MISCELLANEOUS PROVISIONS

a. This Agreement shall be entered into in Shawnee County, Kansas, and shall be construed and interpreted according to the law ofthe State of Kansas.

b. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given 3 days after mailing in the United States mail, using first class mail, postage prepaid, to the recipient's address as stated in this Agreement.

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

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d. Contractor may not assign any rights or obligations under this Agreement without County's prior written approval.

e. This Agreement constitutes the entire agreement between the parties and may only be modified or extended by a written amendment signed by the parties hereto.

f. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.

g. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than County and Contractor.

IN WITNESS WHEREOF, County and Contractor have executed this Agreement.

ATTEST:

COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

__________ ,,Chair

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

Cynthia A. Beck, Shawnee County Clerk

CONT~<(l'OR

-'1LcrLJJ(j~ PrintedName: f\-~ &-c'<)"fl.'LC'-'\'t.J

Address: (~los- W'<.2Ylv'iew p r. .. ) Meriel~) t<r rete~rz Date: :J-6-Is-'

5 F!~) .. G'"'..;,,.j ... ~.·--···-~··.~:..-- ............. --·-

Shawnee County

Office of County Clerk CYNTHIA A. BECK

TO:

FROM:

RE:

DATE:

785-233-8200, Ext 4155 Fax 785-291-4912 Website: http//www.snco.us

l.V.Ien1o:ra:ndu..-n.

BOARD OF C~~y COMMISSIONERS

Cynthia A. Bec~awnee County Clerk

Mars Chocolate North America, LLC

March 30, 2015

200 SE 7th Street· Room 107 Topeka, Kansas 66603-3963

Attached please find the following for the Hearing (HR 2002-9 Section 18) for an Economic Development Exemption for Mars Chocolate North America, LLC.

1. Property Tax Exemption Procedures Home Rule Resolution HR 2002-9 2. Application for Exemption 3. Cost Benefit Analysis 4. Notice ofHearing 5. Review Committee's recommendation 6. Resolution

When the hearing is closed the Commission will proceed to Section 20 (4) ofHR 2002-9. (Adoption of Resolution)

CAB/ddm/clh

Cc: Richard Eckert, County Counselor Jim Crowl, Asst. County Counselor

Attachments

Bccagendahearing/mars ird-edx/db

I

-~~-/.",//·. . •. .,.. ·• • .i' ~"

HOME RULE RESOLUTION NO. HR-2002-1

A HOME RULE RESOLUTION STATING

THE POLICY AND PROCEDURES FOR

TAX EXEMPTIONS AND INCENTIVES

FOR ECONOMIC DEVELOPMENT

TABLE OF CONTENTS

SECTION 1. PURPOSE ............................................................................................................... 1

.SECT! ON 2. GENER.A.L OBJECTIVE ........................................................................................... 1

SECTJON 3. LEGAL AUTHORITY .............................................................................................. }

SECTION 4. GENER..A.L PROCEDURE .......................................................................................... 2

SECTION 5. "T.A..X INCENTJVE" DEFINED ................................................................................. 2

SECTJON 6. JURJSDICTJON ....................................................................................................... 3

SECTJON 7. NOMINAL TAX DETERMINATJON .......................................................................... 3

SECTION 8. MINIMUM PAYMENT lN LIEU OF TAXES ............................................................... 3

SECTION 9. SPEClAL ASSESSMENTS .................................................................................. ..... 3

SECTION 10. STANDARDS FOR DETERMINING BENEFITS ......................................................... 3

SECTION 11. No EXEMPTIONS ................................................................................................. )

SECTiON 12. AMOUNT OF TAX INCENTIVES ............................................................................ )

SECTION 13. APPLJCATION REQUIRED .................................................................................... 6

SECTION 14. APPLJCATION .AND RENEWAL FEES .................................................................... 6

SECTION 15. INITIAL REVIEW PROCEDURE ............................................................................. 6

SECT! ON 16. lillMINJSTR.A. TIVE REVIEW COMMITTEE.. ............................................................ 7

SECT! ON 1 7. INITIAL BoARD ACTION ..................................................................................... 8

SECTJON J 8. NOTICE AND HEARING ........................................................................................ 8

SECTION 19. LETTERS OF INTENT ............................................................................................ 8

SECTJON 20. FINAL REVIEW PROCEDURES .............................................................................. 8

SECTION 21. ANNuAL RENEWAL ............................................................................................ 9

SECTION 22. TRANSFER OF OWNERSHIP OR USE .................................................................... 9

SECTION 23. DJSTRJBUTION OF REVENUE ............................................................................. } 0

SECTION 24. EXEMPTION RESOLUTJON ................................................................................. 1 0

SECTION 25. EXEMPTION FORMS .......................................................................................... 1 0

SECTION 26. WAIVER OF R.ESOLUTJON REQUIREMENTS ....................................................... } 0

SECTION 27. DEFINITIONS ..................................................................................................... 1 0

SECTION 28. REPEAL OF SHAWNEE COUNTY RESOLUTION Nos. 88-9 AA'"D 2000-225 ........ 11

SECTION 29. EFFECTTVE DATE .............................................................................................. 12

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SHAWNEE COUNTY'S POLICY AND PROCEDURE FOR TAX EXEMPTIONS AND INCENTIVES

FOR ECONOMIC DEVELOPMENT

BE IT RESOLVED by the Board of County Commissioners of the County of Shawnee, Kansas, sitting in regular session on this~ 7 -0-day of ::f u r-.r;.. , 2002, and

------ ----intending to exercise its powers ofhome rule legislation pursuant to K.S.A. 19-lOla, that the following resolution be enacted:

SECTION 1. PURPOSE.

The purpose of this resolution is to establish the official policy and procedures of the County of Shawnee for the granting of property tax exemptions and tax incentives for real and personal property used for economic development purposes, in accordance with the provisions of Section 13 of Miele 11 of the Constitution of the State of Kansas and K.S.A. 79-251 and amendments thereto.

SECTION 2. GENERA.L OBJECTIVE.

The securing of private economic growth and development and the creation and retention of employment within the area are important current and long-term objectives of this County. The granting of property tax exemptions and tax incentives is one of the tools available under Kansas law to help secure these public objectives. This resolution is intended to establish the procedure and poDcy standards to govern the fair, effective and judicious use of the power to grant such exemptions and tax incentives in this County.

SECTJON 3. LEGAL AUTHORiTY.

(A) The governing bodies of Kansas counties and cities may exempt certain property used for economic development purposes from taxes for a maximum of ten (1 0) years, in accordance with the provisions of Section 13 of Article 11 of the Kansas Constitution, subject to such li!T'jtations or prohibitions as may be enacted by the legislature that are uniformly applicable to all cities and counties.

(B) This authority is discretionary with the County, and the County may provide for tax exemption-incentives in an amount and for purposes more restrictive than that authorized by the Constitution or any such legislation. Pursuant to its home rule powers, the County may:

(1) Require the owners of any property for which an exemption is requested to provide certain information;

(2) Condition the granting of an exemption to an agreement providing for the payment in lieu of charges or taxes under the provisions of K.S .A. 12-14 7 and 12-148; and

(3) Require the payment of initial application and annual renewal fees reasonably necessary to cover the costs of administration.

SECTJON 4. GENERA..L PROCEDURE.

The following basic procedure shall govem the issuance of tax exemptions-incentives within this County:

(1)

(2)

(3)

(4)

(5)

The applicant business shall apply for a tax exemption-incent)ve by filing a written application as provided in Section 13. · · ~·. · ·, '17-·:,_. a?-7/"· "/ · ,<'

The County shall then determine whether the requested tax exemption­incentive (a) may be lawfully granted, and (b) should be granted, with the amount thereof later determined.

If it is determined that some tax exemption-incentive should be granted, the County may grant an exemption in an amount as specified in Section 12. The County may also require a payment in lieu of taxes.

The amount of the tax incentive, which will be an amount equal to or less than the taxes otherwise payable if the property were not exempt, will then be determined in accordance with this resolution.

Upon the failure of the business to fully and timely pay the in lieu tax payments, if any are required as a condition of the granting of an exemption, or to provide reports or other information requested by tbe County and reasonably necessary for the implementation of this policy, the County may either deny, revoke, or not renew, the authorization of such an exemption.

(6) All requests for a tax exemption-incentive for economic development purposes shall be considered and acted upon in accordance with this resolution.

SECTION 5. "TAX INCENTIVE" DEFINED.

Various words and terms used in this resolution are defined in Section 27. The terms "tax incentive" or "tax exemption-incentive" shalJ mean the difference between the amount of ad valorem property taxes the affected business would pay if there were no County-granted exemption and the amount required to be paid as in lieu taxes or charges. For example, if the taxes required with no exemption were Five Thousand and No/1 00 Dollars ($5,000.00), and the required in lieu payments were Three Thousand and No/1 00 Dollars ($3,000.00), the "tax incentive" would be Two Thousand and No/} 00 Dollars ($2,000.00).

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SECTION 6. JURISDlCTlON.

It shall be the policy of the County to consider applicabons for tax exemption-incentives throughout Shawnee County. The County shall notify in writing the applicable city and unified school district within which the property proposed for exemption is located.

SECTION 7. NOMINAL TAX DETERMI.NA TION.

Nl tangible property of a business receiving a tax exemption-incenbve under this resolution shall be annually assessed by the County Appraiser in the same manner as if it were not exempt, but the amount thereof shall not be placed on the assessment rolls. The amount of the property taxes which would be payable shall also be determined annually by the County Clerk and Treasurer, in the same manner as if the property were not exempt, but such amount shall not be placed on the tax rolls. Separate assessment and tax calculations shall be made for the land, for the improvements thereon, and for any tangible personal property associated therewith, of the exempt business. The appropriate County officers are requested to provide the Board of County Commissioners of the County of Shawnee, Kansas, bereinafter referred to as the "Board", with this information as early as possible, but not later than November 15 of each year.

SECTION 8. MINIMUM PAYMENT IN LIEU OFT AXES.

Any applicant receiving a tax exemption-incentive pu..-rsuant to this resolution may be required to make a minimum payment in lieu of taxes which equals the amount of property tax which was paid or was payable for the most recent year on the appraised valuabon of the real estate, including either buildings together with land or land only, prior to tbe construction of new buildings or added improvements to buildings on such· property or prior to the acquisibon of the property by the new business. This requirement may be waived in pa.."i or in whole by the Board upon review of the standards contained in Section 10 and Section 26.

SECTION 9. SPECIAL A.SSESSMENTS •

.A.ny tax exemption granted for real property under this resolution shall not affect the liability of sucb property for any special assessments levied or to be levied against such property.

SECTION 10. STANDARDS FOR DETERMINING BENEFITS.

(A) The County will consider granting tax exernption-incenbves only upon a clear and factual showing of direct economic benefit to the County through advancement of its economic development goals, including the creation or retention of employment and the stimulation of additional private investment.

(B) The Board, in determining the amount and ternJ of a tax exemption-incentive to be granted, shall consider various factors including, but not limited to, the following:

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( 1) The appraised valuation of the property in relation to the economic benefit to the County of increased employment;

(2) The gain in tax revenue which may result from the new or expanded business, including the increase in the property tax base upon the expiration of the exemption;

(3) The contribution that the new or expanded business will make towards increased employment and earnings within the community;

( 4) The number of new jobs directly created by the business in relation to the amount of tax incentives granted;

(5) The kinds of jobs created in relation to the type of skills available from the local labor market;

( 6) The utilization by the business of labor skills and abilities of unemployed persons in the community;

(7) The degree to which the business improves the diversification of the economy of the County and its environs;

(8) The degree to which the ultimate market for the manufactured products is outside the community, recognizing that outside markets bring in "new money" to the local economy;

(9) The potential of the bush'less for future expansJOn and additional job creation;

(1 0) The beneficial impacts the business may have by creating other new jobs and businesses, including the utilization of local products or other materials and substances in manufacturing;

(11) The beneficial econorillc impact the business will have on a particular area of the County, including designated enterprise zones and areas of needed revitalization or redevelopment;

(12) The compatibility of the location of the business with land use and development plans of the County and the availability of existing infrastructure facilities and essential publlc services;

4

(13) The extent to which additional direct or indirect public costs to the County and to other local units would be necess~-y, such as the cost of the extension of public facilities;

(14) The extent to which the economic and employment benefits of the tax incentive accrue to the residents and taxpayers of those taxing subdivisions which indirectly "'subsidize" the business as a result of the forgone tax revenue; and

(15) The retention of current employment that may be endangered by existing economic considerations.

SECTION 11. No EXEMPTIONS.

(A) No tax exemption shall be granted if the exemption would create, in the judgment of the Board, an unfair advantage for one business over another competing business within the County.

(B) Tax exemptions shall be granted only to businesses which commence operations in Shawnee County after August 5, 1986 based on newly created jobs; or to businesses for the purposes of expansion based on newly created jobs and the value of the new property brought onto the tax rolls "but-for" the exemption; or if the County makes a factual determination that such an exemption is required to retain jobs in the state of Kansas, an exemption may be granted for such tangible personal property.

SECTION 12. AMOUNT OF TAX INCENTIVES.

(A) The two primary objectives of the County in granting tax exemption for economic development are to:

(1) Provide or retain needed jobs, and

(2) Expand the economic and tax base of the County.

(B) The County recognizes that a simple system of determining the amount of tax incentives to be granted to reach these objectives may not always be equitable if applied uniformly to different kinds of businesses. As a result, in determining the actual amount of tax incentive granted, the County shall consider the factors and criteria set forth in Section 10 ofthis resolution.

(C) The County may grant one of the two following forms of tax exemption:

(j) The amount of tax incentive will be equal to One Thousand Five Hundred and No/1 00 Dollars ($1,500.00) per new job created as documented by the

5

annual renewal application. In the case of fums conducting research and development activities the amount of tax incentive will be equal to One Thousand Five Hundred and Noll 00 Dollars ($1,500.00) per new job created and Five Hundred and No/1 00 Dollars ($500.00) per One Hundred Thousand and No/1 00 Dollars ($100,000.00) of new business facility investment; or

(2) Exemption from ad valorem taxation, all or any portion thereof, of the appraised valuation of buildings, land, and tangible personal property if such property properly qualifies for exemption pursuant to this resolution.

(D) In either case, the amount of the tax incentive shall not exceed the total amount of taxes due.

SECTION 13. APPLICA TJON REQUIRED. ./?/ · · ' .>:<: :.:<~ '/: ,;· (A) The County will not consider the granting of any tax exemption-incentive unless

the business submits a full and complete application, and provides such additional information a.S may be requested by the Board.

(B) The Shawnee County Counselor is hereby authorized and empowered to prepare a standard application form wruch, upon completion, will provide the Board with adequate and sufficient information to determine whether a tax incentive should be granted and the amount thereof ~-· ·

(C) The accuracy of the infonnation provided in the application shall be veri.fied by the applicant. Any misstatement of or error in fact may render the application null and void and may be cause for the repeal of any resolution adopted in reliance on said information.

SECTION 14. APPLJCA TION AND RE-NEWAL FEES.

Pwy business requesting a tax exemption pursuant to this resolution shall pay to the County an application fee of Two Hundred Fifty and No/1 00 Dollars ($250.00), which shall be submitted at the same time the application form required by Section 13 is submitted. In adctition, any business wruch has been granted a tax exemption shall pay an annual renewal fee in the amount of One Hundred and No/1 00 Dollars ($1 00.00).

SECTION 15. INITIAL REVIEW PROCEDURE.

(A) On receipt of the completed application form and the required fee, the Shavmee County Counselor shall determine:

(1) Vlhether the application is complete and sufficient for review; and

6

(2) V/hether the applicant business is eligible for an exemption under the Kansas Constitution, this resolution and any other applicable laws.

(B) If the application is incomplete, the Shawnee County Counselor shall immediately notify the applicant, noting the need for such changes or additions as deemed necessary.

(C) If questions arise as to whether the business is legally eligible for an exemption, the Shawnee County Counselor shall consult with the applicant business.

(D) If the application is found complete, and is for a purpose which appears to be authorized by law, the Shawnee County Counselor shall so notify the Administrative Review Committee.

SECTION 1 6. ADMINISTRATIVE REVIEW COMMITTEE.

(A) There is hereby created an Administrative Review Committee.

(B) For properties outside the city limits of all cities in Shawnee County, the Administrative Review Committee shall consist of a designee by the Board of County Commissioners who shall serve as committee chairman, the Cou.t""J.ty CJerk, the County Counselor, and a designee of the affected school district. For properties inside the city limits of any city in Shav,rnee County, the Administrative Review Committee shall consist of the foregoing members, and in addition, a designee by the mayor of the affected city.

(C) The purpose of the Administrative Review Committee shall be to receive and review requests and applications for tax exemption-incentives, to gather and review such additional information as may be deemed necessary, to conduct preliminary negotiations with the applicant business, and to make such recommendations as deemed advisable to the Board.

(D) Administrative Review Committee records, including apphcations for tax exemptions, may be withheld from public disclosure under Ll)e Kansas Open Records Act as provided for under subsections (20) and (31) and other subsections of K.S.A. 45-221, but shall be available for public inspection when otherwise required by law.

(E) The Committee is authorized to issue administrative letters of intent when requested by the applicant upon a finding that the public interest requires confidentiality in order to successfully negotiate the location of the prospective business within the city or an expansion of an existing building. Such administrative letters of intent shall not be binding on the Board, and shall be

7

superseded by any final action by the Board or by letter of intent issued by the Board under Section 19.

SECTION 17. INITIAL BOARD ACTION.

Upon receiving the recommendations of the Administrative Review Committee, the Board shall first determine whether to reject the requested exemption or to further consider the request. Upon a favorable vote for further consideration, the Board shall either:

( 1) Issue a letter of intent as provided by Section 19; or

(2) Schedule a public hearing thereon.

SECTION 18. NOTICE AND HEARING.

No tax exemption shall be granted by the County prior to a public hearing thereon. See Section 20, Final Review Procedures.

SECTJON 19. LETTERS OF INTENT.

(A) Upon receiving the recommendation of the Administrative Review Coiiiiilittee, the Board may issue a letter of intent, setting forth in general terms its proposed plans for granting a tax exemption-incentive and any conditions thereto.

(B) Such letters of intent shall be issued only with the approval of the Board, and as an expression of good faith intent, but shall not in any way bind the County to the granting of an exemption-incentive.

(C) Such letters of intent shall expire six (6) months after 1ssuance, but may be renewed.

(D) A public hearing shall not be required prior to the issuance of letters of intent.

(E) No elected or appointed officer, employee or cornrn:ittee of the County, and no chamber, board, development council or other public or private body or individual, shall be authorized to speak for and commit the Board to the granting of a tax exemption-incentive.

(F) Letters of intent issued by the Board shall supersede any letters of intent issued by the Administrative Review Committee.

SECTION 20. FINAL REVIEW PROCEDURES.

Pursuant to K.S.A. 79-251 and amendments thereto, the County has adopted the policies a.'1d procedures as outlined herein. Before a tax exemption-incentive is granted, the County shalL

8

(1) Prepare an analysis of the costs and benefits of each exemption, including the effect of the exemption on state revenues;

(2) Establish a procedure for monitoring the compliance of a business receiving an exemption with any terms or conditions established by the governing body for the granting of the exemption;

(3) Conduct a public bearing on the granting of the exemption. Notice of the public hearing shall be published at least once seven (7) days prior to the hearing in the official County newspaper, and shall indicate the purpose, time and place thereof and the hearing may be held at a regular or special meeting of the Board. In addition to such publication notice, the County Clerk, shall notify in writing, the governing body of the city and unified school district within which the property proposed for exemption is located; and

( 4) Adopt a resolution containing the following findings of fact

(a) That the property for which the exemption is to be granted will be used exclusively for the purposes specified in Section 13 of Miele 11 of the Kansas Constitution; and

(b) If the business using the property is relocating from one county to another Vvithin this state, that the business has received approval of the secretary of commerce and housing prior to qualifying for the exemption upon a finding by the secretary that such relocation is necessary to prevent the business from relocating outside this state.

SECTJON 21. ANNUAL RENEWAL.

The extent &1d term of any tax exemption-incentive granted shall be subject to &wual \.. ~ \' review and determination by the Board to insure that the ownership and use of the property ' , ~- "~·.·· and any other qualifying criteria of the business for the tax exemption-incentive continue

to exist. The review shall be completed by no later than February 1 of each year. The \\. County may require the annual renewal application to be filed or other information l\ necessary to assure the continued qualification of the exempt business. The applicant shall

file an annual claim for exemption as required in K.S.A. 79-210 and amendments thereto.

SECTJON 22. TR.A..NSFER OF OWNERSHIP OR USE.

Exemptions on property granted under this resolution shall terminate on any change in ownership of the property. No exemption or tax incentives granted by the County shall be transferred as a result of a change in the majority ownership of the business. Any new owner shall file a new application for a tax exemption-incentive; however, the constitutionally mandated ten (1 0) year period for the length of the exemption shall not be

9

exceeded. Further, the County shall be notified by the business of any substantive change in the use of a tax exempt property (see Section 25). Upon change of use of the property, its exemption may be subject to termination by the County.

SECTION 23. DISTRIBUTION OF REVENUE.

The payment in lieu of taxes which may be required of a business granted a tax exemption under this resolution shall be paid to the County Treasurer, with notice of the amount and date paid provided to the County. The County Treasurer is directed to apportion the payment to the general fund of all taxing subdivisions, excluding the state, which levy taxes on property where the business is situated. The apportionment shall be based on the relative amount of taxes levied, for any and all purposes, by each of the applicable taxing subdivisions.

SECTION 24. EXEMPTION RESOLUTJON.

The County Clerk shall provide a copy of the resolution, as published in the official County newspaper, granting an exemption from taxation to the applicant for use in filing an initial request for tax exemption as required by K.S.A. 79-2 J 3 and ~'"Tlendments thereto, and by K.S.A. 79-21 0 and amendments thereto, for subsequent years.

SECTJON 25. EXEMPTION FORMS.

A copy of the exemption applications required by K.S.A. 79-213 and 79-210 and amendments thereto, and the statement required by K.S .A. 79-214 and amendments thereto for the cessation of an exempt use of property, shall be filed with the County Clerk by the property owner.

SECTION 26. WAIVER OF REsOLUTlON REQUIREMENTS.

The Board reserves the right to grant or not to grant a tax exemption-incentive under circumstances beyond the scope of this resolution, or to waive any procedural requirement. However, no such action or waiver shall be taken or made except upon a finding by the Board that such action or waiver is found and declared to be in t'fJe public interest a..."1d does not violate any Kansas law.

SECTION 27. DEFINITIONS.

For the purpose of this resolution, in application to this County, the words or phrases as used in either the Constitution or this resolution shall have meaning or be construed as follows:

(1) Applicant means and includes the business, property owner(s), and their officers, employees and agents;

(2) Associated therewith as used with respect to tangjble personal property means being located within, upon or adjacent to buildings or added improvements to buildings;

10

(3) Commenced operations means the st&-t of the business activHy housed in the building for which a tax exemption-incentive is requested;

(4) Economic development purposes means the establishment of a new business or the expansion of an existing business, engaged in manufacturing articles of commerce, conducting research and development, or storing goods or commodities which are sold or traded in interstate commerce, which results in additional employment or the retention of existing employment;

(5) Expansion means the enlargement of a building or buildings, constn.J.ction of a new building, the addition of tangible personal property, or any combination thereof, which increases the employment capacity of a business eligible for a tax exemption-incentive and results in the creation of new employment or the retention of existing employment;

(6) Manufacturing articles of commerce means a business engaged in the mechanical or chemical transformation of materials or substances into new products, as defined in the "Standard Industrial Classification Manual";

(7) Research and development means the application of science or technology to the improvement of either the process of manufacturing or manufactured products or both;

(8) Storing goods or commodifies which are sold or traded in interstate commerce refers to the business of storing property which may be exempt from ad valorem taxation under the provisions of K.S.A. 79-201 f and amendments thereto; and

(9) Tangible personal property mea.J.s machinery and equipment used during the term of the tax exemption which may be granted.

SECTION 28. REPEAL OF SHAWNEE COUNTY RESOLUTION Nos. 88-9 AND 2000-225. Shawnee County Resolution Nos. 88-9 and 2000-225 are hereby repealed.

1 1

SECTION 29. EFFECTIVE DATE.

This resolution shall take effect upon publication once a week for tvvo consecutive weeks in the official County newspaper.

ATTEST:

APPROVED AS TO FORM AND LEGALITY BY THE SHAWNEE COUf\ITY C UNSELOR'S OFFICE

DATE 0 (/ ·0 2. BY .- rJ v--

12

PROPERTY TAX EXEMPTION PROCEDURES H. R~ Resolution 2002·9

1. Application Submitted to County Clerk - A completed application form (section 13), including a $250.00 application fee must be submitted to the County Clerk. (section 14) r · · .....e- • A" -~ 1 ;.~ ~ _,. . · ..,) /~.tc.J~~-L u"~~ £ ~-rt ... ..:t;" ..ud/ c:Z.~.T .!:"'~"L"",~-~i1' .~~.::t";, \"" " "" · / _,-~ 1·,. ~1 1>

2. County Counselor Review. - County Counselor will review the application for completeness and eligibility for tax exemption. Completed appfications will be referred to the Administrative Review Committee. (section 15)

3. "'Cost Benefit Analysis - County Clerk prepares an analysis of the costs and benefits of each exemption, including the effect of the exemption on state revenues.

4. Administrative Review Committee - The review committee will be (outside city limits) composed of a designee by the Board of County Commissioners to act as chairman of committee, County Clerk, County Counselor and a designee of the affected school district. Inside city limits, shall consist of the foregoing members, in addition a designee by mayor of the city. The Committee will review and research applications submitted for tax exemption and make recommendations to the Board of County Commissioners. The committee may issue administrative letters of intent that are not binding upon the Board of County Commissioners. (section 16)

5. Board of County Commissioners- Upon receiving the recommendation of the administrative review committee the BCC may either reject the request or vote to further consider the request If the BCC votes to further consider the request the Board may either schedule a public hearing or issue a letter of intent. (section 17)

•:• Public Hearing - If the BCC schedules a public hearing notice of the hearing will be published at least seven (7) days prior to the hearing. The County Clerk will also notify other taxing jurisdictions of the public hearing. (section 18 )(section 20)

·:· Letter of Intent - Upon receiving the recommendation of the administrative review committee the BCC may issue a letter of intent as an expression of good faithintent which shall expire after issuance of letters of intent. (section 19) ·

5. *Resolution - The constrtutional amendment authortzing property tax exemptions requires the county to adopt a resolution providing the tax exemption for each case approved by the BCC after a public hearing has been held regardless of whether a letter of intent has been issued. The resolution must identify the property being exempted and specify the terms of the exemption, and procedure for monitoring compliance. (section 20)

6. *County Appraiser - After approval, the applicant must file the appropriate forms of the exemption adopted by the BCC to the County Clerk.. (section 25) The County Clerk will forward to the appraiser. The county appraiser then reviews t1e application and supporting data and sends the completed forms to the State Board of Tax Appeals.

PROPERTY TAX EXEMPTION PROCEDURES Home Rule Resolution HR2002-9

8. Court of Tax Aopeals - The Court of Tax Appeals then grants or denies the exemption based on its legal and factual basis.

9. Annual Renewal ~The tax exemption is subject to annual review by the BCC to insure that ownership, use, job creation, and other qualifying criteria have been met and continue to exist. The business must file an annual renewal application including a $100 renewal fee. The BCC may revoke the exemption if the business does not provide the required information. Review shall be completed by not later than February 1st of any year. (section 14&21)

3 things the Court of Tax Appeals require:

1. Affidavit of publication. 2. Notice of Hearing & memo to entities 3. Cost Benefrt Analysis

Eco devo/procedures/dc

2

COUNTY OF SHAWNEE, KANSAS

STANDARD APPLJCATION FOR PROPERTY TAX EXEMPTION FOR ECONOMIC DEVELOPMENT

TO: County Clerk of Shawnee County, Kansas

Exemption from ad valorem property taxation pursuant to Article 11, Section 13 of the Kansas Constitution is requested for all or any portion of the appraised valuation of property used exclusively for the purpose of. manufacturing articles of commerce, conducting research and development, or storing goods or commodities which are sold or traded in interstate commerce, as described herein. This application is submitted in conformance with the applicable Statement of Policy and Procedures of the County contained in Shawnee County Home Rule Resolution No. 2002- 9, and it is understood that the County may require in lieu payments for property which becomes tax exempt. The attached sheets, if any, are submitted as a pa1i of this application.

Part I.- Applicant Identification.

Name of Applicant Firm:

Contact Person (Name and Title):

Address:

Street or PO Box

City State Zip

Telephone Number:

List the names, addresses, and percent of ownership of all principal owners and officers of the Applicant Firm:

List the names and addresses of all partners or members of the Board of Directors, if applicable:

If applicant is a tenant, identify property owners(s):

Name(s):

MaHing Address: Street or PO Sox

Ciiy State Zip

-Telephone Number:

Part ll - Property Identification. requested.

List only taxable property for which an exemption is

Land. Attach complete legal description of property and plat showing location of buildings, added improvements to buildings, or both.

______ Building(s). Attach description.

------ Added improvements to buildings. Attach description.

______ Tangible personal property. Attach list of each item with identifying nomenclature. Proof of purchase after August 5, 1986, must be provided for each item on list.

Part Ill - Business Information.

Type of business organization: -----------------'---------(i.e., corporation, subsidiary, partnership, sole proprietorship, etc.)

Date and place· business organized-or in-con:icilated~ _·_· _-_-_-_-_--_--_---==-----_-_-_-_-_-·-_·_-_--_-_-- -------

Name of parent company, if applicable:

Type of business:

Line or lines of products manufactured or research and development conducted, or goods or commodities stored in buildings, for which tax exemption is requested:

2

Percentage of building occupied by applicant business qualifying for tax exemption: % ---

List principal competition of the business within the County.

Name and location of the firms: ------------------

Describe nature of competition: ------------------

Business is '-__ new) or.__ __ existing). (Please check one)

If new business:

Date operations will commence:

If business is relocated to this County, give previous location(s):

If construction of a new building for a new business is involved, give anticipated date of completed construction:

If existing business:

3

Date expansion will be completed:

Purpose of expansion:

Does expansion involve?: ____ Acauisition of existif}g....Q.u_ij_ding_ ____ -··-- ______ _

Enlargement of existing building Constriction of new building

Describe how property identified above facilitates the expansion of such existing business:

Have you applied for property tax exemptions before? If so, indicate location, date, and purpose:

Part IV- Employment Data.

A. New Business: Number of employees on date operations commence( d): __ _

B. Existing Business: Describe how expansion has or will create new employment or how the exemption will retain current employment

C. Type and Number of Employees:

Before Expansion .M 0 YR

After operations commenced or expansion completed. (Show only new jobs in each of next five (5) years)

Job Classification

TOTAL NO. EMPLOYEES

CUM MULA TIVE NO. OF EMPLOYEES

4

Part V- Appraised Value of Property Identified in Part II above. ( 1 o be completed by County Appraiser)

Date of Valuation:

Buildings:----------------------------

Added Improvements to Buildings:

Land:

Tangible Personal Property:

Signed----------------- Date: ------------County Appraiser

Part VI- Taxes Due and Payable in current Tax Year on Property Identified in Part II for which Exemption is requested. (To be completed by County Clerk)

Taxes for Year:

Building(s): $ ______________ __

Land: $ _____________ __

Personal Property: $ ______________ _

Total: $ ______________ __

SIGNED: Date: -------County Clerk

Part VII - Description of Public Benefits.

Please attach a narrative description, of not to exceed two pages, of the public benefits which you believe will occur if the requested exemption is granted. Address all relevant factors, including those found in Section 10 of the County's Statement of Policy and Procedures. If the requested exemption is necessary to retain employment, please describe why the exemption is needed and how it will save current jobs.

Part VIII- Financial Responsibility.

Attach a description of the businesses' financial situation. This may include a financial statement, audit and other relevant information to assess the stability of the business. Indicate whether there is any pending or threatening litigation effecting the viability of the business.

5

.Part IX- Certification of applicant.

l, , hereby certify that the foregoing and attached information is true and correct to the best of my knowledge.

Further, it is understood that additional information may be requested by the County to assist the Governing Body in its consideration of this matter. l have read and understand Shawnee County's Statement of Policy and Procedure for tax exemption contained in Shawnee County Home Rule Resolution No. 2002-9.

Date-----'-- Signed--------------­Name

Title

Part X - Acknowledgement of Receipt.

Receipt is hereby acknowledged:

Date _____ _ County Clerk ----------"------------

Eco devo/appfication.docldd

6

Firm \rVorksheet Finn Name and Description ---------------------------------------------

1. Finn Name -----------------------------------------------2. Finn src --------3. Description :md the purpose of the finn's new construction or expansion in the community:

Market or retail value of the firm's initial new or additional investment in:

initial Second

4 Year of Expansion I 5. Land $ I $ 6. Building and improvements $ I $

7. Furniture, tixtures and equipment $ I$

I /$ 1$

I $

Form 1 Capital Investment

Third Fourth

I /$

$

/$

Use the second, third and fourLh column if more expansions occurred after the initial construction.

Firm Worksheet Fonn 2

Sales and Purchases ---------------------------------------------Column A: Projected sales from the new operations (or additional sales from the expansion).

Column 8: A..n.nual purchases (operating expenditures) for the new addition (Goods, services, utilities, etc.)

!j sales and purchases will increase by a percentage, liSe line 8 and leave lines 9 through J 7 blank.

8. 9. 10. 11. 12. 13. 14. 15. 16. 17.

18.

19.

Column A (Sales}

Year l Year 2 Year 3 Year 4 $

Year 5 $

Year 6 $ Year 7 Year 8 $

Year 9 Year 10

(Optional incremental percentage increase)

Expected annual net ta..'(able income (%of sales on which stare corporate income tax will be computeo-,1-------------..

I Column 8 (Purchases}

I~ $

$ /$

$

% %

%

Percentage subject to sales tax in the:

20. 2l. 22.

Ci. Coun State

Column A (Sales} Column 8 (Purchases)

% % % %

·- ------------ ___ %_, ______ -----!!lo-----.

Firm Worksheet Form 3

.A..nnual Utility Expenditures -----------·---------------------------------

23. 24.

25. 26. 27. 28. 29.

30.

Telephone Electricity Gas Water Wastewater Garba2:e Cable

Other

Construction Period

$ $ $ $

$

$

$

$

3 I. Anticipated percentage rare utility bills will increase during remaining years of the

Year i of Expansion

$

$ $

$

$

$

$

$

%

Firm "YVorksheet Form 4

New Employees Hired

if employees will increase by a percentage, use line 42 and leave lines 32 through 4 I blank

32. Year l

33. Year 2 34. Year 3 35. Year4

36. Year 5 37. Year 6 38. Year 7 39. Year 8 40. Year 9 41. Year !0 42. (Opt1onal mcrementaJ percentage mcre2.se)

Expected new Expected to move to Expected to move employees hired the county from out of state

T I I

I I I I I

%1 %1 %

Form 5 New Employee Salaries

If saLaries will increase by a percentage, u.s:: line 53 and Leave lines 44 through 52 bLank. Average annual

salaries

43. Year 1 $

44. Y c!ar 2 $ tl~ . .) . Year 3 $

46. Year 4 $ tl-, I. Year 5 $

48. Year 6 $

49. Year 7 $

50. Year 8 $

51. Year 9 $ -; ) __

Year 10 $

53. (Optional mcremental percentage increase) %

Firm Worksheet Form 6

New Constntction ---------------------------------------------Use Td, 3rd and 4,;, expansion columns if one is planned after the initial construction.

54. Total Construction Cost 55. Construction Profit Percentage

Sales ra..x.es on Cosrs of Consrruction Materials New/additional Construction materials taxable and purchased in:

56. 57. 58.

State County City

Initial construction or expansion 2"" E..:cpansion 3'" Expansion 4'" Expansion

$

%I %I %I %

Initial construction or expansion 2"" Expansion 3'" Expansion 4'" Expansion

$ $ $ I$

Sales ta..x.es on Costs of Furniture, Fi.x.twes & Expenses

59. 60. 61.

New/additional furniture, fixtures and equipment (FFE), taxable and purchased in:

State

Counry

City

Initial construction or expansion 2"" E..:cpansion 3'" E..:cpansion 4'" Expansion

I s I s s /$

s s I s

Form 7 Constn1ction Salaries &Workers ---------------------------------------------

Initial construction or expansion 2"" Expansion 3'" Expansion 4'" Expansion

'"" \..1..::... Number of construction workt::rs I I I I 63. Total salary paid to average worker [$ $ f$ I s 64. Total Construction Salaries IS IS $ )$ 65. Household size of average worker I I I I I

Firm vVorksheet

If visitors will increase by a percentage, use line 76 and leave lines 67 through 75 blank.

66. Year 1

67. Year 2

68. Year 3

69. Year 4

70. Year 5

71. Year 6

72 Year 7

73 Year 8 74. Year 9 75. Year 10 76. (Optional i.ncremental percentage increase)

77. How many days do you expect an average visitor to stay in the area?

78. 79.

How many nights will they stay in:

City Hotels or Motels lulywhere in the County

Forrn 8 Visitors

Out-of-town visitors expected

%

Expected Visitor nights

Firm Worksheet Key

Firm Name n.nd Description of Expansion

1. Finn Name 2. Finn SIC Number.

The four-digit Standard Industrial Classificarion (SIC) code for the fl!1Tl' s principal business that wlll be conducted at the new/expanded facility.

3. Description of the new/expanded location in the cornmuniry. Describe the firm's plans to locate or expand in the cornmuniry

Capital Investment

4. Year ofEx.pwJ.Sion. 5. Land 6. Building and .improvements

Enter the fair marker or appraised value of the real property (land, buildings and improvements) used or acquired for the new/expanded location.

7. Furniture, ftxturesand equipment

Enter the retail cost, when new, for the fu.rn.iture, tixtures and equipment. Include new as well as used real property and only that acquired for the expansion.

• Use the second, third and fourth column tf more expansions will occur after the L."litia! construction.

Sales and Purchases

8A through 17 A: Sales

Enter lf-!e projecred total amount of annual sales from the new construcrionlexpansion. If for an. expansion, enter only the additional sales associated with the expUJ.1.sion.

88 through 178: Purchases

Enter projecred anr1ual purchases for goods and services, including utilities for the new conslructionlexpansion.

18. OpcionaJ incremental i...11crease:

Enter a percentage if sales or purchases are projected to increase incrementally. Leave li...D.es 9 through 1 7 blank.

19. Expected annual net taxable income from the new construction/expansion: Obtain this figure from the company's current or projected income statements.

Sales Taxable

20A through 22A:

What percent of the new/increased sales will be subject to sales tax in Lhe city, the county and/or the state?

20B through 22B:

What percent of the new/increased purchases of goods and services wll.J be subject to sales tax in the city, the county and/or the state?

Annual Utility Expenditures

23-30. Estimate what the annual expense will be for mility services provided in each category during the construction period and yea.r l of the expansion.

31. What percentage rate do you anticipate the utility bllls will increase in following years of the expansion?

New Employees

32-41. Number of New Employees:

Enter the number of new employees expected as a result of the expansion. Of those new employees, how many will likely move to the county? How many of those employees will be moving in from out of state?

42. If lhe nu.rnber of employees is expected to incrementally increase by a percentage each year, enter the percentage. Do rhe same for the remaining colum...'1S. Leave the appropriate column(s) blank for Lines 32-41.

New Employees Salaries

43-52 Employee Salaries

Enter the average salary of new/additional employees for the expansion.

53. If salaries are expected to increase by a percentage, enter the figure. Leave lines 48-56 blank..

New Construction

54. What is the estimated total cost of the new/additional construction, including buildings and improvements, commercial and industrial machinery and equipment and other tangible property'?

55. If construction is by an outside contractor, what is the estimated percent proftt oo the cost of construction? (lf un.k...llown, use l 0%)

56-58 What is the amount of taxable construction materials purchased in the state, county and state?

59-6 I What is the amount of taxable furniture, fl.:-crures and equipment purchased in the state, county and city?

Use the second, third and fourth column if more expansions will occur after the initial construction

New Construction Salaries & Workers

62. How many construc[ion workers are working on the construction project?

63. What is the salary paid to an average construction worker during the construction period?

64. What is the household size of an average consu-u.ction worker? (Enter 3 if unknown).

65. What is the total construction expense for salaries?

Business Visitors

66-75 How many out-ot:.town visitors to your business do you expect during the year?

76. If you expect visitors to increase by an incremental percentage, iiJ.dicate the percenl Leave lines 71-79 b-lank.

77. How ma.rly days do you expect a..r1 average visitor to smy in the area?

78. How many nights will they stay in a local hotel or motel in the ciry?

79. How many nights will they stay in a local hotel or motel anywhere in the county?

Shawnee County

Office of County Clerk CYNTHIA A. BECK

785-233-8200, Ext 4155 Fax 785-291-491 2 Website: http:/Jwww .snco.us

200 SE 7th Street - Room 1 07 Topeka, Kansas 66o"''3-3963

MEMORANDUM

DATE: April 22, 2011

TO: BOARD OF COUNTY COMMISSIONERS

r,. a . Cynthia A Beck, Cou1J~~ FROM:

RE: Allen Foods-Bimbo Bakeries- Exemption

BOARD OF CO. COMMISSION :;K APPD TBLD DEF DND ACK

DATE 4-/;} ~/II . f? L/3 o-r b / f.-l.D COUNTY CLERK

A completed application plus a $250.00 fee was fried by Allen Foods, Inc., applying for a tax exemption. The County Counselor has reviewed for completeness and elfgibility and found the application in order.

According to Home Rule Resolution 2002-9, Section 16, the County Commissioners need to appoint a designee who shall serve as committee chairperson.

The Review Committee consists of;

1. The Commissioners designee (chairperson). 2. The County Clerk, 3. The County Counselor, and 4. A designee of the school district, which is Auburn Washburn USD #437. (The

school district's appointment for Economic Development Review Committee is Brenda Dietrich, Superintendent)

5. A designee of the City of Topeka is Randy Speaker.

The Review Committee would review the application along with the Cost Benefit Analysis and make recommendations to the Board of County Commissioners.

If you have any questions, please feel free to contact my office.

CAB/ddm

Enclosures

bccecmemoreviewchairleco devo/dc

• • • ITEM NO. 3: Upon motion of Commissioner Ensley, seconded by Commissioner

Bu.l"l~er, annual renewal of the Home Depot-ARC tax exemption for 2011 was

approved for the County Clerk's Office; the vote being: Miller-YES,

BlL~ler-YES, Ensley-YES.

ITEM NO. 4: Commissioner Miller moved to appoint Assistant County

Counselor Jim Crowl to be the designee to serve as chail:person of the tax

exemption review committee for the Allen Foods-Bimbo Bakeries application

for a tax exemption and to similar committees until revoked. Commissioner

Ensley seconded the motion. The vote being: Miller-YES, Buhler-YES,

Ensley-YES.

BONO COONSEL

ITEM NO. 1: Upon motion of Commissioner Buhler, seconded by Commissioner

Ensley, Resolution No. 2011-85 relating to the local residential housing

finance plan of Sedgwick County and Shawnee county and approving and

authoriz:i.nq the execution of all necessary documents was approved for the

Bond Counsel; the vote being: Miller-YES, Buhler-YES, Ensley-YES.

Bond Cou_~sel Bob Perry was present.

COUNTY TREAS'ORER

ITEM NO. 1: Update on securing a motor vehicle annex was discussed.

110428-4

/ Martin, Diana

From: Beck, Cyndi Sent: To:

Thursday, February 06, 2014 3:47PM Rea, Lori; Martin, Diana

Subject: FW: 2014 Listing of EDX/IRB Entities

-----Original Message-----From: Vicki.Lignitz@kdor.ks.gov [mailto:Vicki.Lignitz@kdor.ks.gov] Sent: Thursday, February 06, 2014 10:40 AM To: All County Appraisers@wan.kdor.state.ks.us; All County Clerks@wan.kdor.state.ks.us Subject: 2014 Listing of EDX/IRB Entities

To all County Appraisers and County Clerks:

The 2014 report listing the economic development exemptions and/or the industrial revenue bond exemptions in your county is now available. Click the "Reply" button to request a copy of your county's exemptions.

Please review the report and notify me of any changes; such as properties sold or entities paying off their bonds early. Your assistance in tracking any changes is greatly appreciated.

The entities included on your report (not all inclusive) must file with the county appraiser by March 1 pursuant to K.S.A. 79-210, and shall include the following are required to file an:

1. The <Annual Claim for Exemption' form and Supplemental form (if used), along with; and 2. a written statement, signed by the clerk of the city or county granting the exemption; and 3. a copy of the in lieu of agreement if applicable to your office by March 1.

REMINDER: The division no longer requires the detailed description and/or list of exempt personal property to accompany the annual claim form.

Pursuant to K.S.A. 79-1467b the county clerk must provide copies of all EDX/IRBX annual claims for exemption forms submitted to your office to the division on or before July 1. Please forward the required documentation to your clerk's office unless you are fulfilling the requirement for your clerk.

-------~------------------------------------Vicki K Lignitz Property Appraiser II, Abstract Section 915 SW Harrison, Room 400N Topeka, KS 66612-1585

Phone: (785) 296.3225 Fax: (785) 296.2320

"Enjoy the little things, for one day you may look back and realize they were the big things."

1

------------------------

- Robert Brault

2

COUNTY OF SHAWNEE, KANSAS

STANDARD APPLICATION FOR PROPERTY TAX EXEMPTION FOR ECONOMIC DEVELOPMENT

TO: County Clerk of Shawnee County, Kansas

Exemption from ad valorem property taxation pursuant to Article 11, Section 13 of the Kansas Constitution is requested for all or any portion of the appraised valuation of property used exclusively for the purpose of manufacturing articles of commerce, conducting research and development, or storing goods or commodities which are sold or traded in interstate commerce, as described herein. This application is submitted in conformance with the applicable Statement of Policy and Procedures of the County contained in Shawnee County Home Rule Resolution No. 2002- 9, and it is understood that the County may require in lieu payments for property which becomes tax exempt. The attached sheets, if any, are~submitted as a part of this application.

Part I.- Applicant Identification.

Name of Applicant Firm: Mars Chocolate North America, LLC

Contact Person (Name and Title): Mark Dunckle

Address: 100 International Drive

Street or PO Box

Mount Olive City

Telephone Number: (973) 691-3850

New Jersey 07828 State Zip

List the names, addresses, and percent of ownership of all principal owners and officers of the Applicant Firm: See attached Exhibit A

List the names and addresses of all partners or members of the Board of Directors, if applicable: See attached Exhibit A

~~----~~----~~----

If applicant is a tenant, identify property owners(s):

Name(s): N/A

Mailing Address: --::--:---:---::::-::-::---------------------­street or PO Box

City State Zip

Telephone Number. ---------------------------

Part H - Property Identification. requested.

List only taxable property for which an exemption is

See attached Exhibit B

See attached

Land. Attach complete legal description of property and plat showing location of buildings, added improvements to buildings, or both.

Exhibit B B 'Jd' ( ) Att h d · t" Building to manufacture confectionary ______ Ul 1~9 s. ac escnp 1on. products

------ Added improvements to buildings. Attach description. See attached Exhibit c Tangible personal property. Attach list of each item with identifying

nomenclature. Proof of purchase after August 5, 1986, must be provided for each item on list.

Part IH - Business Information.

Type of business organization: _L-:-L_c _____________________ _

(i.e., corporation, subsidiary, partnership, sole proprietorship, etc.)

Date and place business organized or incorporated: July 2007

- Delaware

. . Mars, Incorporated Name of parent company, 1f applicable: --------------------

Type of business: Manufacturer and wholesaler of confectionary products

Line or lines of products manufactured or research and development conducted, or goods or commodities stored in buildings, for which tax exemption is requested:

M&Ms and Snickers

2

Percentage of building occupied by applicant business quaHfying for tax exemption: 100 %

List principal competition of the business within the County.

Name and location of the firms: _N_o_n_e ______________ _

Describe nature of competition: -----------------

Business is ( x new) or(.._ __ existing). (Please check one)

If new business:

Date operations will commence: _J_a_nu_a_ry-=--_2_o 1_4 ___________ _

!f business is relocated to this County, give previous Jocation(s): N/A

If construction of a new bt,Jilding for a new business is involved, give anticipated date of completed construction: January 2014

If ex[sting business:

3

Date expansion will be completed: _N_/_A ______________ _

Purpose of expansion: ---------------------

Does expansion involve?: ___ Acquisition of existing building

Enlargement of existing building ___ Constriction of new building

Describe how property identified above facilitates the expansion of such existing business:

Have you applied for property tax exemptions before? If so, indicate location, date, and purpose: No.

Part JV- Employment Data.

A. New Business: Number of employees on date operations commence( d): 175

B. Existing Business: Describe how expansion has or will create new employment or how the exemption will retain current employment:

C. Type and Number of Employees:

Before After operations commenced or expansion completed. Expansion (Show only new jobs in each of next five (5) years) .M D YR

Job Classification 01/2014 2015 2016 2017 2018

Management

Engineering

G & A

Maintenance

Production

TOTAL NO. EMPLOYEES

CUMMULA TIVE NO. OF EMPLOYEES

4

---13 0

14 -8

23 2

36 4

89 17

175 15

175 190

0 0 ! 0

0 0 0

1 1 0

' 4 6 0 '

22 58 18

27 65

217 282 300

Part V- Appraised Value of Property Identified in Part II above. (To be completed by County Appraiser)

Date of Valuation: _ __,_( _-_,1_-_.!-/=s-'-----------------

Buildings: 3~ (p 01 Y . 7 ~ I ,

Added Improvements to Buildings: -----------------

Land: qq, q(po

Part VI- Taxes Due and Payable in current Tax Year on Property Identified in Part II for which Exemption is requested. (To be completed by County Clerk)

TaxesforYear: d-otS' (~01<-l Lev~· '-'-'" 1-+-28::.tt.P3. :l.t.td-) A.S.sess~d

Building(s): Cf1 15b,t7s- )C l/c3, ;L 4~ $ 11 t-{ ct Ll, (, 7 J... • 3.2

1 .s :;,e .:;.:;,.<:'..d. ~ '-1 o_l &, ~ (p. Ll d Land: d- '-f qJ ;L ~ o x 1 II' 3 , ;;;.. Lj ~ $ __ _.;..--J-_. _::__~-•.:...""~

Personal Property: $ ______ _

Total: $ 1,~3~ 35g,-~ta

Date: ~o/6::vJ-SIGNED:~~ co;tYD8rl<

Part VII - Description of Public Benefits.

Please attach a narrative description, of not to exceed two pages, of the public benefrts which you believe will occur if the requested exemption is granted. Address ali relevant factors, including ·those found in Section '!0 of the County's Statement of Policy and Procedures. If the requested exemption is necessary to retain employment, please describe why the exemption is needed and how it will save current jobs.

Part Vllf- Financial Responsibility. see attached.

Attach a description of the businesses' financial situation. This may include a financial statement, audit and other relevant information to assess the stability of the business. indicate whether there is any pending or threatening litigation effecting the viability of the business-.

5

.Part IX- Certifi'cation of applicant.

!, .71z t:{Jfk A .. J:Jvu~)r/(?· ,. hereby certify that the foregoing and attached information ·is true and correct to the best of my kn9wledge. ·

Further, it is understood th~t additional information m.ay be requested by" the County to assist the Governing Body in its ·consideration of this matter. l have read and understand ShaWnee County's Stalement'of Policy and Procedure for tax exemption contained in Shawnee County Home Rule Res ion No. 2002-9.

Date ~ }o}; -/. Signed .....L..::-,~vuk-=---=-~-1::;.4-=~...:....,__..l...::---Name

Sf44J;f;B!( $#1-1~ Title ~

Part X- Acknowledgemen~ of Receipt.

Receipt is hereby acknowledged;

Date /-<:4- I:.:;- County Clerk tlr~ {)'" &a-~~""" 7

Eco deva/applicaUon.docJdd

6

Mars Chocolate North America, LLC

Attachment to EDX Property Tax Exemption Application Question VIII

Mars Chocolate North America, LLC is one of the leaders in the manufacture and sale of confectionary products within North America. It is a subsidiary of Mars, Incorporated, which is one of the world leaders in the manufacture and sale of confectionary products as well as a host of other consumer products. See attached information. The Company experiences litigation in the normal course of business, none of which affects the viability of the business.

Location Type

State of Incorporation

Yaar Established

Annual Revenue estimate

Employees

SIC Code

NAICSCode

Business CategoriK

MARS CHOCOLATE NORTH AMERICA, LLC

Headquarters

New Jersey

1950

353700000

2675

2064, Candy and Other Confectionery Products

311340, Nonchocolate Confectionery Manufacturing

Candy and Confectionery Manufacturers in Hackettstown, NJ (1mb_ 55_ C2040000_CZJ1candy _and_ olher_ coniectlonery _products!nackettstown_n]) Candy and other confectionery products Mfg Cllndy/Contectlonery Mfg Chocolate/Cocoa Products

Exhibit A

List of Officers and Directors

Appointments

Board Positions

Name QuickRef Position Appointed

Fernandez Medrano, Gabriel FERNANDE-G_1 Director 08/01/2012 Rabbanl, !<haled M. RABBANI-KM Director 08/13/2010 Sandler, Debra SANDLER-D Director ,• 04/23/2012.

Officers

Name QuickRef Position Appointed

Bonam, Michele BONAM-M Vice President 04/15/2013 Fernandez Medrano, Gabriel FERNANDE-G_1 Treasurer 08/01/,?012

Vice President 08/01/2012 Fernandez Diaz, Jorge Antonio FERNAND-JA Assistant Secretary 04/2.7/2009 Hall, Elizabeth A. HALL-EA Assistant Treasurer 04/2.5/2011 Hassan, Hassan Basil HASSAN-H Assistant Secretary 01/01/2011 Hastilow, N. HASTILOW-N Vice President 04/2.7/2009 Izzo, Hank V. IZZO-HV Vice President 03/13/2007 Kim, Peter KIM-PP Assistant Treasurer 04/2.5/2011 L,aBerge, Rick LABERGE-R Vice President 04/15/2013 Loo, Madeleine Yen Lay LOO-M Assistant Secretary 04/2.5/2011 Ribeiro Mag a fhaes, Fernanda MAGALHAE-F Assistant Secretary 04/01/2009 McDonald, Scott MCDONALD-S Assistant Secretary 04/2.7/2009 ·otih, Otis Onyekachl OTIH-00 Assistant Treasurer 04/2.7/2009 Pew, James E. PEW-JE Assistant Secretary 04/25/2011 Poliquin, Anne Marie Rita POUQUIN-A Assistant Secretary 04/2.7/2009 Rabbanl, Khaled M. RABBANI-KM General Counsel 04/2.7/2009

Secretary 08/13/2010 Sandberg, Vicki L. SANDBER-VL Assistant Secretary 01/04/2010 Sandler, f?ebra SANDLER-D President 04/2.3/2012. Santos, Annette M. SANTOS-AM Assistant Treasurer 03/13/2007 Seka, Peter M. SEKA-PM Assistant Secretary 04/27/2009 Tommer, L. Brian TOMMER-LB Assistant Treasurer 03/13/2007 Totams, Joyce D. TOTAMS-JD Assistant Secretary 01/04/2008 Wittman, M.M. WmMAN-M Vice President 04/2.7/2009

Other Signatories

Name QuickRef Position Appointed

Herzinger, Barbara J. HERZING-BJ Authorized Signatory 03/25/2010

5

I ~ ~ i

I I • I ! i J

I f (

e

LOT 1, BLOCK A KANZA FIRE COMMERCE PARK

'\

_/ ~ -----{

Exhibit B Legal Description and Plat Map

~ --· __ .. _____ __ .. _ ... _____ ·- __ .. ____________ BARTLE"&itru I

Asset 11000355 Paving

EXHIBIT C Tangible Personal Property

Description

20000817 Potable yvater skid Non Process

20000818 Basin Cleaner #1 Non Process

20000819 Basin Cleaner #2 Non Process

20000820 Basin Cleaner #3 Non process

20000821 Condenser Water Tank Non Process

20000822 Evaporative Condenser Skid Non Process

20000823 Ammonia HPR Non Process

20000824 Ammonia Economizer Non Process

20000825 Ammonia Compressor #1 Non Process

20000826 Ammonia Compressor#2 Non Process

20000827 Ammonia Compressor #3 Non Process

20000828 Ammonia Compressor #4 Non Process

20000829 Ammonia Surge Drum #1 Non Process

20000830 Chilled water flow meter #1 Non Process

20000831 Fischer control valve #1 Non Process

20000832 Ammonia Surge Drum #2 Non Process

20000833 Chilled water flow meter #2 Non Process

20000834 Fischer Control valve Non Process

20000835 Ammonia master control panel Non Process

20000836 Evaporative condenser #1 Non Process

20000837 Evaporative condenser #2 Non Process

20000838 Evaporative condenser #3 Non Process

20000839 Auto purger #1 Non Process

20000840 Auto purger #2 Non Process

10000841 Pump out vessel Non Process

20000842 Pump out compressor Non Process

20000843 Chilled water pump #1 Non Process

20000844 Chilled water pump #2 Non Process

20000845 Chilled water pump #3 Non Process

20000846 Chilled water pump #4 Non Process

20000847 Chilled water piping Non Process

20000848 Ammonia Piping Non Process

20000849 Condenser Water Piping Non Process

20000850 Surface Slowdown skid Non Process

20000851 Bottom Slowdown skid Non Process

20000852 Water Softener Non Process

20000853 Boiler surge tank Non Process

20000854 DeaeratorTank Non Process

20000855 Boiler #1 Non Process

20000856 Boiler #2 Non Process

20000857 Boiler #3 Non Process

20000858 Natural gas piping in CUB Non Process

20000859 Steam piping in the CUB Non Process

20000860 Flash steam heat recovery HX Non Process

20000861 85C Generation skid Non Process

1

20000862 80C pump skid Non Process

20000863 60C pump skid Non Process

20000864 80C Trace water piping Non Process

20000865 60C Trace water piping Non Process

20000866 Chilled water piping Non Process

20000867 Condensate Piping Non Process

20000868 Steam Piping Non Process

20000869 Potable water Non Process

20000870 High Pressure Condensate Flash Tank Skid Non Proce

20000871 Condensate Pump skid Non Process

20000872 Motor control center 8A Non Process

20000873 Motor control center 8B Non Process

20000874 Motor control center 8C Non Process

20000875 Motor control center 8D Non Process

20000876 Motor control center 9A Non Process

20000877 Motor control center 9B Non Process

20000878 Motor control center 9C Non Process

20000879 Motor control center 9D Non Process

20000880 EMCC SA Non Process

20000881 CUB PLC Non Process

20000882 Trace PLC Non Process

20000883 Ammonia Compressor #1 VFD Non Process

20000884 Ammonia Compressor #2 VFD Non Process

20000885 Ammo nina Compressor #3 soft start Non Process

20000886 Ammonia Compressor #4 soft start Non Process

20000887 Motor control center 8A Non Process

20000888 Motor control center 88 Non Process

20000889 Motor control center 8C Non Process

20000890 Motor control center 8D Non Process

20000891 Motor control center 9A Non Process

20000892 Motor control center 9B Non Process

20000893 Motor control center 9C Non Process

20000894 Motor control center 9D Non Process

20000895 EMCC 8A Non Process

20000896 CUB PLC Non Process

20000897 Trace PLC Non Process

20000898 Ammonia Compressor #1 VFD Non Process

20000899 Ammonia Compressor #2 VFD Non Process

20000900 Ammonina Compressor #3 soft start Non Process

20000901 Ammonia Compressor #4 soft start Non Process

20000902 Motor control center 8A Non Process

20000903 Motor control center 88 Non Process I

20000904 Motor control center 8C Non Process

20000905 Motor control center 80 Non Process

20000906 Motor control center 9A Non Process

20000907 Motor control center 98 Non Process

20000908 Motor control ~enter 9C Non Process

2

20000909 Motor control center 9D Non Process

20000910 EMCC SA Non Process

20000911 CUB PLC Non Process

20000912 Trace PLC Non Process

20000913 Ammonia Compressor #1 VFD Non Process

20000914 Ammonia Compressor #2 VFD Non Process

20000915 Ammon ina Compressor #3 soft start Non Process

20000916 Ammonia Compressor #4 soft start Non Process 20000917 AHU-118

20000918 AHU-119

20000919 AHU-120

20000920 AHU-121

20000921 AHU-124

20000922 Administration Ductwork

20000923 AHU-108

20000924 AHU-125

20000925 AHU-132

20000926 CUB Ductwork

20000927 AHU-108

20000928 AHU-125

20000929 AHU-132

20000930 Site Grading

20000931 B13 Fire Tank & Pump House

20000932 Gray Water Collection System 20000933 Fire Protection Loop

20000934 Site Underground fire Loop

20000935 Site Underground utilities and fire loop

20000936 813 Site underground sprinkler line piping 20000937 801 Walls

20000938 B01 Structural Steel

20000939 B01 Roof

20000940 801 Underground Plumbing

20000941 801 Foundations

20000942 B01 Above ground Plumbing

20000943 801 Glass and Glazing

20000944 801 Hollow Metal Doors

20000945 B01 Coiling Doors

20000946 B01 Hand Sinks

20000947 BOl Fire Protection

20000948 BOl Athletic Flooring

20000949 B01 Flake Flooring

20000950 B01 Epoxy Flooring

20000951 B01 PolyCrete Flooring

.20000952 B02 Walls {P}

20000953 B02 Steel (A)

20000954 B02 Roof (A)

20000955 B02 U. ground Plb Non Process (A)

3

----~--------- --

20000956 802 Foundations (A)

20000957 B02 Glass (A)

20000958 B02 Fire Protection (A)

20000959 802 Flake Flooring (A)

20000960 802 Epoxy Flooring (A)

20000961 802 Polycrete Flooring (A)

20000962 802 Aground Plb Non Process (A) 20000963 802 Casework (P) 20000964 802 Hollow metal doors (P)

20000965 802 Coiling Doors {P)

20000967 803 Walls (P)

20000968 803 Steel (A)

20000969 803 Roof (A)

20000970 803 U. ground Plb Non Process {A)

20000971 B03 Foundations (A)

20000972 803 Glass (A)

20000973 803 Fire Protection (A)

2000097 4 803 Rake Flooring (A}

20000975 B03 Epoxy Flooring {A}

20000976 803 Polycrete Flooring (A) .

20000977 B03 Aground Plb Non Process (A)

20000978 B03 Casework (P)

20000979 B03 Hollow metal doors (P)

20000980 803 Coiling Doors (P)

20000981 804 Walls {P}

20000982 B04 Steel (A)

20000983 B04 Roof (A)

20000984 804 U. ground Plb Non Process {A)

20000985 B04 Foundations (A)

20000986 B04 Glass (A)

20000987 B04 Fire Protection (A)

20000988 804 Flake Flooring (A}

20000989 B04 Epoxy Flooring (A)

20000990 804 Polycrete Flooring (A)

20000991 B04 Aground Plb Non Process {A)

20000992 804 Casework (P)

20000993 B04 Hollow metal doors (P)

20000994 B04 Coiling Doors (P}

20000995 BOS Walls (P)

20000996 BOS Steel (A)

20000997 BOS Roof (A}

20000998 BOS U. ground Plb Non Process (A)

20000999 805 Foundations (A)

20001000 BOS Glass (A)

20001001 BOS Fire Protection (A)

20001002 BOS Flake Flooring {A)

20001003 BOS Epoxy Flooring (A)

4

20001004 805 Polycrete Flooring (A)

20001005 805 Aground Plb Non Process (A)

20001006 BOS Casework {P)

20001007 805 Hollow metal doors (P)

20001008 B05 Coiling Doors (P)

20001009 806 Walls (P)

20001010 B06 Steel (A)

20001011 B06 Roof (A)

20001012 806 U. ground Plb Non Process {A)

20001013 806 Foundations {A)

20001014 B06 Glass (A)

20001015 806 Fire Protection (A}

20001016 806 Flake Flooring (A)

20001017 B06 Epoxy Flooring (A)

20001018 B06 Polycrete Flooring {A)

20001019 806 Aground Plb Non Process (A)

20001020 806 Casework {P)

20001021 B06 Hollow metal doors (P)

20001022 B06 Coiling Doors (P)

20001023 808 Walls (P)

20001024 BOB Steel (A)

20001025 BOB Roof {A)

20001026 BOB U. ground Plb Non Process (A) 20001027 808 Foundations (A)

20001028 BOB Glass (A)

20001029 B08 Fire Protection (A)

20001030 B08 Flake Flooring (A)

20001031 BOB Epoxy Flooring {A)

20001032 808 Po!ycrete Flooring (A)

20001033 808 Aground Plb Non Process (A}

20001034 B08 Casework (P)

20001035 808 Hollow metal doors {P)

20001036 BOB Coiling Doors (P)

20001037 B09 Walls {P)

20001038 B09 Steel (A)

20001039 809 Roof {A)

20001040 B09 U. ground Plb Non Process {A} 20001041 809 Foundations {A)

20001042 809 Glass (A)

20001043 B09 Fire Protection (A)

20001044 809 Flake Flooring {A)

20001045 809 Epoxy Flooring (A)

20001046 809 Polycrete Flooring (A)

20001047 809 Aground Plb Non Process (A)

20001048 809 Casework (P)

20001049 B09 Hollow metal doors (P)

20001050 B09 Coiling Doors {P)

5

20001051 811 CUB Roof

20001052 811 CUB Structural Steel

20001053 811 CUB Underground Plumbing

20001054 811 CUB Foundations

20001055 811 CUB Above Ground Plumbing

20001056 B11 CUB Fire Protection

20001057 811 CUB Epoxy Flooring

20001058 811 CUB Hollow Metal Doors

20001059 811 CUB Coiling Doors

20001060 811 CUB Walls

20001061 811 CUB Glass/Glazing

20001062 811 CUB Elevated Floor

20001063 Substation HVUS-A (CUB) Non Process

20001064 Substation HVUS-B {Production) Non Process

20001065 Admin Lighting Automation

20001066 MCC 7B

20001067 Office/Admin US-7

20001068 Production Soft Switching Unit

20001069 Lighting

. 20001070 Raw Material Substation US-2

20001071 Chocolate Process Substation US-1

20001072 Filled Bar Substation U5-3

20001073 M&M's Packaging Substation US-6

20001074 Filled Bar Packaging Substation US-5

20001075 M&M's Process Substation

20001076 Utilities MCC Chocolate MCC 1C

200010n Utilities MCC Raw Materials MCC 20

20001078 Utilities MCC Filled Bar MCC 3E

20001079 Utilities MCC M&M MCC 4C

20001080 Utilities MCC Filled Bar Packaging MCC SD

20001081 Utilities MCC M&M's Packaging MCC 6D

20001082 8A/8B CUB Substation Non Process

20001083 9A/9B CUB Substation Non Process

21003107 Lot Striping and Door Numbering

21003108 Security Turnstiles

21003109 Portable Sound System

30043706 De-humidifier Silo Blanketing

30043707 Sugar Blend AHU

30043 708 Sugar Transfer

30043709 Granulated Sugar AHU

30043710 Sugar pressure blow package

30043711 Sugar filter receiver

30043712 Sugar vacuum blower package

30043713 Sugar blend pressure blower package

30043714 Sugar blend filter reciever

30043715 Sugar blend vacuum blower package

30043716 Sugar pressure blower

6

30043717 Sugar pressure blower

30043718 Granulated sugar silo

30043719 Sugar sifter

3004372.0 Sugarventhopper

30043721 Granulated sugar silo

30043722. Sugar sifter

3004372.3 Sugarveothopper

30043724 Sugar blend silo

30043725 Sugar blend pressure blower

30043726 Sugar blend sifter

30043727 Sugar blend vent hopper

30043728 Sugar blend silo

30043729 Sugar blend vent hopper

30043730 Sugar blend sifter

30043731 Corn starch pressure blower

30043732 Corn starch starch silo

30043733 Lactose Dry handling dump station

30043734 Lactose Vacuum blower

30043735 SMP Dry handling dump station

30043736 SMP vacuum blower

30043737 WMP dry handling dump station

30043738 WMP vacuum blower

30043739 Granulated Sugar Piping

30043740 Sugar blend piping

30043741 Lactose piping

30043742. Corn starch piping

30043743 SMP piping

30043744 WMP piping

30043745 Nitrogen Generator

30043746 Enrobing liquor storage tank

30043747 Convenience Liquor storage tank

30043748 Cocoa butter storage tank

30043749 Corn syrup 43DE tank

30043750 Corn syrup 63DE tank

30043751 Com syrup 63DE tank

30043752 AMF Surge Tank

30043753 AMF Hot Box

30043754 AMF Hot Box

30043755 Lecithin Surge tank

30043756 Soy Oif tank

30043757 Enrobing liquor piping

30043758 Convenience liquor piping

30043759 Cocoa butter piping

30043760 Corn syrup 43DE piping

30043761 Corn syrup 63DE piping

30043762 AMF piping

30043763 Lecithin piping

7

30043764 Soy oil piping

30043765 Flavor C Skid

30043795 Potable water skid Process

30043796 Basin Cleaner #1 Process

30043797 Basin Cleaner #2 Process

30043798 Basin Cleaner #3 Process

30043799 Condenser Water Tank Process

30043800 Evaporative Condenser Skid Process

30043801 Ammonia HPR Process

30043802 Ammonia Economizer Process

30043803 Ammonia Compressor #1 Process

30043804 Ammonia Compressor #2 Process

30043805 Ammonia Compressor #3 Process

30043806 Ammonia Compressor #4 Process

30043807 Ammonia Surge Drum #1 Process

30043808 Chill.ed water flo iN meter #1 Process

30043809 Fischer control valve #1 Process

30043810 Ammonia Surge Drum #2 Process

30043811 Chilled water flow meter #2 Process

30043812 Fischer Control valve Process

30043813 Ammonia master control panel Process

30043814 Evaporative condenser #1 Process

30043815 Evaporative condenser #2 Process

30043816 Evaporative condenser #3 Process

30043817 Auto purger #1 Process

30043818 Auto purger #2 Process

30043819 Pump out vessel. Process

30043820 Pump out compressor Process

30043821 Chilled water pump #1 Process

30043822 Chilled water pump #2 Process

30043823 Chilled water pump #3 Process

30043824 Chilled water pump #4 Process

30043825 Chilled water piping Process

30043826 Ammonia Piping Process

30043827 Condenser Water Piping Process

30043828 Surface Slowdown skid Process

30043829 Bottom Slowdown skid Process

30043830 Water Softener Process

30043831 Glycol skid Process

30043832 Boiler surge tank Process

30043833 Deaerator Tank Process

30043834 Boiler #1 Process

30043835 Boiler #2 Process

30043836 Boiler #3 Process

30043837 Natural gas piping in CUB Process

30043838 Steam piping in the CUB Process

30043839 Compressor #2

8

30043840 Compressor #3

30043841 Compressor #4

30043842 Compressed air piping in CUB

30043843 Process Water Generation Skid Process

30043844 Process water tank Process

30043845 Process water distribution skid Process

30043846 Process water BOP piping Process

30043847 Flash steam heat recovery HX Process

30043848 85C Generation skid Process

30043849 80C pump skid Process

30043850 60C pump skid Process

30043851 48C pump skid Process

30043852 80C Trace water piping Process

30043853 60C Trace water piping Process

30043854 48C Trace water piping Process

30043855 Chilled water piping Process

30043856 CA piping Process

30043857 CA cooling skid Process

30043858 Condensate Piping Process

30043859 Steam Piping Process

30043860 Potable water Process

30043861 Natural gas piping in production Process

30043862 High Pressure Condensate Flash Tank Skid Process

30043863 Condensate Pump skid Process

30043864 Motor control center 8A Process

30043865 Motor control center 88 Process

30043866 Motor control center 8C Process

30043867 Motor control center 8D Process

30043868 Motor control center 9A Process

30043869 Motor control center 9B Process

30043870 Motor control center 9C Process

30043871 Motor control center 9D Process

30043872 EMCC 8A Process

30043873 CUB PLC Process

30043874 Trace PLC Process

30043875 Ammonia Compressor #1 VFD Process

30043876 Ammonia Compressor #2 VFD Process

30043877 Ammon ina Compressor #3 soft start Process

30043878 Ammonia Compressor #4 soft start Process

30043879 Motor control center 8A Process

30043880 Motor control center 8B Process

30043881 Motor control center 8C Process

30043882 Motor control center 8D Process

30043883 Motor control center 9A Process

30043884 Motor control center 98 Process

30043885 Motor control center 9C Process

30043886 Motor control center 9D Process

9

30043887 EMCC 8A Process

30043888 CUB PLC Process

30043889 Trace PLC Process

30043890 Ammonia Compressor #1 VFD Process

30043891 Ammonia Compressor #2 VFD Process

30043892 Ammonina Compressor #3 soft start Process

30043893 Ammonia Compressor #4 soft start Process

30043894 Motor control center 8A Process

30043895 Motor control center 8B Process

30043896 Motor control center 8C Process

30043897 Motor control center 8D Process

30043898 Motor control center 9A Process

30043899 Motor control center 98 Process

30043900 Motor control center 9C Process

30043901 Motor control center 9D Process

30043902 EMCC 8A Process

30043903 CUB PLC Process

30043904 Trace PLC Process

30043905 Ammonia Compressor#1 VFD Process

30043906 Ammonia Compressor #2 VFD Process

30043907 Ammo nina Compressor #3 soft start Process

30043908 Ammonia Compressor #4 soft start Process

30043909 AHU-101

30043910 AHU-102

30043911 AHU-103

30043912 AHU-104

30043913 AHU-105

30043914 AHU-106

30043915 AHU-107

30043916 AHU-109

30043917 AHU-110

30043918 AHU-113

30043919 AHU-114

30043920 AHU-115

30043921 AHU-116

30043922 AHU-126

30043923 AHU-127

30043924 AHU-128

30043925 AHU-129

30043926 AHU-130

30043927 AHU-131

30043928 Production .Ductwork

30043929 AHU-101

30043930 AHU-102

30043931 AHU-103

30043932 AHU-104

30043933 AHU-105

10

30043934 AHU-106

30043935 AHU-107

30043936 AHU-109

30043937 AHU-110

30043938 AHU-113

30043939 AHU-114

30043940 AHU-115

30043941 AHU-116

30043942 AHU-126

30043943 AHU-127

30043944 AHU-128

30043945 AHU-129

30043946 AHU-130

30043947 AHU-131

30043948 Chemical Storage Building

30043949 Waste Water Treatm~nt Plant

30043950 801 Lab hand sink

30043951 801 Lab tool sink

30043952 801 Lab Eyewash/Safety Shower

30043953 802 U. ground Plb Process (A)

30043954 802 Elevated Concrete (EC)

30043955 802 Aground Plb Process (A)

30043956 802 8oiiards {A)

30043957 802 Impact Doors (P)

30043958 802 Rapid Roll up Doors {P)

30043959 802 Housekeeping pads (A)

30043963 802 Hoist Beams (A)

30043964 803 U. ground Plb Process (A)

30043965 803 Mezzanines (M)

30043966 803 Elevated Concrete (EC}

30043967 803 Agroun.d Plb Process (A)

30043968 803 Bollards (A)

30043969 803 Impact Doors (P)

30043970 803 Rapid Roll up Doors (P)

30043971 B03 Dock Doors (D)

30043972 803 Dock Levelers (D)

30043973 803 Housekeeping pads (A)

30043974 803 Hand Sinks (A)

30043975 803 Tool Sinks {A)

30043978 803 Hoist Beams (A)

30043979 804 U. ground Plb Process (A)

30043980 B04 Mezzanines {M)

30043981 804 Elevated Concrete (EC)

30043982 B04 Aground Plb Process (A)

30043983 B04 Boflards (A)

30043984 804 Impact Doors (P)

30043985 804 Rapid Roll up Doors (P)

11

30043985 B04 Dock Doors (D)

30043987 804 Dock Leveiers (D)

30043988 B04 Housekeeping pads (A)

30043989 804 Hand Sinks (A)

30043990 804 Tool Sinks (A)

30043991 804 Drinking Fountains (A)

30043992 804 Eyewash/Showers (A)

30043993 804 Hoist Beams (A)

30043994 B05 U. ground Plb Process (A}

30043995 BOS Mezzanines (M)

30043996 BOS Elevated Concrete (EC)

30043997 BOS Aground Plb Process (A)

30043998 BOS Boflards (A)

30043999 BOS Impact Doors (P)

30044000 BOS Rapid Roll up Doors (P)

30044001 BOS Dock Doors (D)

30044002 BOS Dock Levelers (D)

30044003 BOS Housekeeping pads (A)

30044004 BOS Hand Sinks (A)

30044005 BOS Tool Sinks (A)

30044008 BOS Hoist Beams (A)

30044009 B06 U. ground Plb Process (A)

30044010 806 Mezzanines (M)

30044011 B06 Elevated Concrete (EC)

30044012 B06 Aground Plb Process (A}

30044013 806 Bollards (A)

30044014 B06 Impact Doors (P)

30044015 B06 Rapid Roll up Doors (P)

30044016 806 Housekeeping pads (A)

30044021 B06 Hoist Beams (A)

30044022 BOB U. ground Plb Process (A)

30044023 BOB Mezzanines (M)

30044024 BOB Aground Plb Process (A)

, 30044025 BOB Bollards (A)

30044026 B08 Impact Doors (P)

30044027 BOB Rapid Roll up Doors (P)

30044028 B08 Housekeeping pads (A)

30044029 BOB Hand Sinks (A)

· 30044030 BOB Tool Sinks (A}

30044033 BOB Holst Beams (A)

30044034 809 U. ground Plb Process (A)

30044035 B09 Aground Plb Process (A)

30044036 809 Bollards (A)

30044037 B09 Impact Doors (P)

30044038 809 Rapid Roll up Doors (P)

30044039 809 Dock Doors (D)

30044040 B09 Dock Levelers (D)

12

30044041 809 Housekeeping pads (A)

30044042 B09 Hand Sinks (A)

30044043 809 Tool Sinks (A)

30044046 809 Hoist Beams (A)

30044047 B11 CUB Lockers

30044048 811 CUB eyewash/safety shower

· 30044049 811 CUB tool sink

30044050 811·CUB hand sink

30044051 810 Rail Roof

30044052 810 Rail Structural Steel

30044053 810 Rail Underground Plumbing

30044054 . 810 Rail Foundations

30044055 810 Rail Above Ground Plumbing

30044056 810 Rail Hollow Metal Doors

30044057 810 Rail Coiling Doors

30044058 810 Rail Walls

30044059 814 Guard Roof

30044060 814 Truck Scale

30044061 814 Guard Structural Steel

30044062 814 Guard Foundations

30044063 814 Geothermal Loop

30044065 814 Guard Glass/Glazing

30044066 814 Guard Casework

30044067 814 Guard Hoiiow Metal Doors 30044068 814 Guard Walls

30044069 Substation HVUS-A (CUB) Process

30044070 Substation HVUS-B (Production) Process

30044071 Admin UPS4KVA and 10 KVA

30044072 Admin UPS 40KVA

30044073 8A/8B CUB Substation Process

30044074 9A/9B CUB Substation Process

30044081 Liquid Sucrose Mix Tank

30044082 F8 Sugar Receiver

30044083 Liquid Sucrose Holding Tank

30044084 FB SMP Receiver

30044085 Lactose Receiver

30044086 Gain in Weight Hopper

30044087 Liquid Ring Vacuum System Skid

30044088 RCSM Vacuum Mixer

30044089 RCSM Hold Tank

30044090 RCSM Hold Tank

30044091 Chemical Dosing Skid

30044092 CIP Make-up Tank

30044093 Sugar Pnuematic Piping

30044094 SMP Pnuematic Piping

30044095 Lactose Pnuematic Piping

30044096 Liquid Sucrose Solution Piping

13

30044097 RCSM Solution Piping

30044098 CIP Solution Piping

30044099 Potable Water Piping

30044100 80C Process Water Piping

30044101 60C Trace Piping

30044102 Compressed Air Piping

30044103 Steam Piping

30044104 Chilled Water Piping

30044105 Nougat Syrup Blending Tank

30044106 Nougat Syrup Salt Pallet Lift

30044107 Nougat Syrup Holding Tank

30044108 Nougat Syrup Cooker HX

30044109 Nougat Syrup Flash Vessel

30044110 Cooked Nougat Syrup Buffer Tank

30044111 Egg Pallet Lift

30044112 Egg Powder Dumping Station

30044113 Egg Syrup Mixing Tank

30044114 Egg Syrup Holding Tank

30044115 Water Buffer Tank

30044116 Frappe Pin Beater

30044117 Nougat Cyclone Receiver

30044118 'Nougat Cyclone Loss in Weight Feeder

30044119 Nougat Peanut MilJ 30044120 Rework Bin Lift/Unloader

30044121 Rework Mixer

30044122 Rework Mill Grinder

30044123 Base Nougat Blending Mixer

30044124 Slab form Base Nougat Chilled Rolls

30044125 Caramel Syrup Blending Tank

30044126 Caramel .Syrup Holding Tank

30044127 Caramel Syrup Flash Tank

30044128 Caramel Syrup Cooker

30044129 AMF Hold Tank

30044130 Raw Caramel Blending Tank

30044131 Caramel Microfilm Cooker

30044132 Caramel Browning Tank

30044133 Caramel Cooling Roll

30044134 Caramel Peanut Cyclone Receiver

30044135 Caramel Peanut Loss in Weight Feeder

30044136 Caramel/Peanut Blending Mixer

30044137 Release Agent Tank

30044138 Slab form Caramel Chilled Rolls

30044139 Peanut Supersack Unload Station

30044140 Peanut Vacuum Blower Package

30044141 Freight Elevator (VRC) 30044142 63DE Corn Syrup Piping

30044143 Nougat Syrup Piping

14

30044144 Cooked Nougat Syrup Piping

30044145 Egg Syrup Piping

30044146 Frappe Piping

30044147 Rework Piping

30044148 Caramel Syrup Piping

30044149 Cooked Caramel Syrup Piping

30044150 Raw Caramel Piping

30044151 Cooked Caramel Piping

30044152 AMF piping

30044153 Release Agent Piping

30044154 Peanut Pnuematic Piping

30044155 CIP Solution Piping

30044156 Potable Water Piping

30044157 80C Process Water Piping

30044158 80C Trace Piping

30044159 60C Trace Piping

30044160 48C Trace Piping

30044161 Compressed Air Piping

30044162 Steam Piping

30044163 Chilled Water Piping

30044164 Process Platforms - Chi!led Rolls

30044165 Primary Cooling Tunnel

30044166 Primary Cooler Dehumidifier

30044167 Process Platforms- Slitter

30044168 Slitter

30044169 Slitter Horizontal Reject Conveyor

30044170 Slitter Incline Reject Conveyor

30044171 Guillotine ·

30044172 Guillotine Horizontal Reject Conveyor

30044173 Guillotine Incline Reject Conveyor

30044174 Transfer Conveyor

30044175 Chocolate Holding Tank

30044176 Chocolate Screener- Russel Fin ex

30044177 Enrober

30044178 Turbo Tempering Unit

30044179 De-Tempering Unit

30044180 Decorator ~oil

30044:1,81 Leg 1 Final Cooling Tunnel

30044182 Leg 2 Final Cooling Tunnel

30044183 Drum Washer

30044184 COP Tub

30044185 Chocolate Piping

30044186 80C Process Water Piping

30044187 60C Trace piping 30044188 48C Trace Piping

30044189 Compressed Air Piping

30044190 Steam Piping

15

30044191 Chilled Water Piping

30044192 Caramel MCC 3A

30044193 Nougat MCC 3B

30044194 RCSM/syrup MCC 3C

30044195 Primary Cooler MCC 3D

30044196 Main Caramel CP 3A

30044197 Chemical CP 3AE

30044198 RCSM CP 3AF

30044199 Peanut Unloading CP 3AG

30044200 Nougat Process Main CP 38

30044201 ChHied Rolls CP 3CB

30044202 Primary Cooler CP 3CC

30044203 Caramel MCC 3A

30044204 Nougat MCC 38

30044205 RCSM/syrup MCC 3C

30044206 Primary Cooler MCC 3D

30044207 Main Caramel CP 3A

30044208 Chemical CP 3AE

30044209 RCSM CP 3AF

30044210 Peanut Unloading CP 3AG

30044211 Nougat Process Main CP 3B

30044212 Chilled Rolls CP 3C8

30044213 Primary Cooler CP 3CC

30044214 Caramel MCC 3A 30044215 Nougat MCC 38

30044216 RCSM/syrup MCC 3C

300442.17 Primary Cooler MCC 3D

300442.18 Main Caramel CP 3A

30044219 Chemical CP 3AE

30044220 RCSM CP 3AF

300442.21 ·Peanut Unloading CP 3AG

300442.22 Nougat Process Main CP 3B

3004422.3 Chilled Rolls CP 3CB

30044224 Primary Cooler CP 3CC

30044225 MCC SBC

30044226 MCC SC

30044227 MCC SCB

30044228 MCC SBC

30044229 MCC sec 30044230 MCC 5BA

30044231 MCC 5BB

30044232 MCC SE 30044233 MLP CP

30044234 CP 1030

30044235 CP 1040

30044236 CP 1050

30044237 CP 1060

16

30044238 CP 1070

30044239 CP 1080

30044240 CP 1090

30044241 CP 1100

30044276 MDL Laners

30044277 MDL Laners

30044278 MDL Laners

30044279 MDL Laners

30044280 MDL Conveyor

30044281 MDL Conveyor

30044282 MDL Conveyor

30044283 MDL Conveyor

30044284 MDL Conveyor

30044285 MDL Conveyor 30044286 MDL Conveyor

30044287 MDL Conveyor

30044288 MDL Conveyor

30044289 MDL Buffer

30044290 Wrapper #4

30044291 Wrapper #5

30044292 Wrapper #6

30044293 Wrapper #7

30044294 Wrapper #8

30044295 Wrapper#9

30044296 Wrapper #10

30044297 Wrapper #11

30044298 .wrapping elevator #4 30044299 Wrapping elevator #5

30044300 Wrapping elevator #6

. 30044301 Wrapping elevator #7

30044302 Wrapping elevator #8

30044303 Wrapping elevator #9

30044304 Wrapping elevator #10

30044305 Wrapping elevator #11

30044306 Trunk Line conveyor

30044307 Z Conveyor

30044308 Storeveyor

30044309 Vibratory conveyor

30044310 Transfer Conveyor

30044311 Vibratory conveyor

30044312 Vibratory conveyor

30044313 Vibratory conveyor

30044314 Vibratory conveyor

30044315 Vibratory conveyor

30044316 Vibratory conveyor

30044317 Vibratory conveyor

30044318 Vibratory conveyor

17

30044319 Scale

30044320 Bagger

30044321 Code dater

30044322 Case erector

30044323 Case packer

30044324 Check weigher and sealer

30044325 Conyeyor

30044326 Palletizer

30044327 Scale

30044328 Bagger

30044329 Code dater

30044330 Case erector

30044331 Case packer

30044332 Check weigher and sealer

30044333 Conveyor

30044334 Palletizer

30044335 Scale

30044336 Bagger

30044337 Code dater

30044338 case erector

30044339 Case packer

30044340 Check weigher and sealer

30044341 Conveyor

30044342 Palletizer ·

30044343 Seale

30044344 Bagger

30044345 Code dater

30044346 case erector

30044347 Case packer

30044348 Check weigher and sealer

30044349 Conveyor

30044350 Palletizer

30044351 Overhead conveyor

30044352 Overhead conveyor

30044353 Vibrator conveyor 30044354 Flighted Decline

30044355 Case erector

30044356 Empty Case Conveyor

30044357 Bulk station

30044358 Furl case conveyor

30044359 Case sealer

30044360 Finished Case Conveyor

30044470 K10 Screw Conveyor

30044471 KlO Screw Conveyor

30044472 KlO Screw Conveyor 30044473 K10 Metal Detector

30044474 KlO ACM System

18

30044475 KlO SMP Filter Receiver

30044476 K10 SMP Loss in Weight Feeder

30044477 KlO Lactose Filter Receiver

30044478 K10 Lactose Loss in Weight Feeder

30044479 K10 Sugar Blend Filter Receiver

30044480 K10 Sugar Blend Loss in Weight Feeder

30044481 KlO Vanillin System

30044482 K10 Air Heater

30044483 K10 Crumb Filter Receiver

30044484 KlO Crumb Loss in Weight Hopper

30044485 K10 Crumb Loss in Weight Hopper

30044486 KlO Crumb Screw Conveyor

30044487 KlO Crumb Receiver Vacuum Blower Package

30044488 KlO Conche #1

30044489 KlO Conche #2

30044490 K10 Conche #1 TCM Package

30044491 KlO Conche #2 TCM Package

30044492 KlO Chocolate Storage Tank

30044493 KlO Pigging System

30044494 Chilled Water Piping

30044495 48C Trace Piping

30044496 K10 Chocolate Piping

30044497 Lactose piping

30044498 SMP piping

30044499 Sugar blend piping

30044500 Crumb Piping

30044501 Vanillin Piping

30044538 MCC lA

30044539 MCC 1B

30044540 MCC lD

30044541 M&M Nut Conv. CP 18

30044542 FB Chocolate CP 1A

30044543 Nut Conv. Conche CP 1BB

30044544 Truck Unloading CP lAC

30044545 KlO Conche Remote Drop CP lAB

30044546 Nut Conv. ACM remote drop CP lBA

30044547 K10 ACM remote drop CP 1AA

30044548 MCC 2A

30044549 MCC 28

30044550 MCC 2C

30044551 MCC 2E

30044552 Liquid Rec. & Storage CP 2A

30044553 Dries Rec. & Storage CP 28

30044554 Liquid Silo remote drop CP 2AA

30044555 Railshed remote drop CP 2BB

30044556 Dries Silo remote drop CP 2BA

30044557 Dries silo remote drop 2 CP 2BD

19

30044558 AMF remove drop CP 2AB

30044565 Boot SciUbbers

30044566 30' Platform Scissor Lift

30044567 5000# Capacity Fork Lift 30044568 AWP305 Genie Ariel Lift

30044569 PMG Trackmobile

30044570 Drum Storage Unit

30044571 2 - Foss N!R's

30044572 Deionizing Water System

30044573 Steris 250 Sterilizer

30044574 Tricor Meters

30044575 Rotronic Water Activity Meter

30044576 PowerScan D8330

30044577 Brookfield Viscometer DVZTRV

30044578 Water Bath

30044579 Sensory Lab Refridgerator

30044580 Sensory Lab Stove & Range Hood

30044581 Sensory Lab Dishwasher

30044582 Microlab Stove & Range Hood

30044583 3- SCFF495 Stainless Steel Upright Freezers

30044584 Microlab Scientific Dishwasher

30044585 Micro Lab Refrigerator

30044586 Micro Lab Oven

30044587 Micro Lab Incubator 5 cu ft 3004458~ Micro Lab 49 CF Stainless Refrigerator

30044589 Micro Lab Refrigerator/Freezer

30044590 Mise Micro Lab tools

30044591 Micro Lab Balance

30044592 Packaging Lab - Friction/Peel Tester

30044593 Micrometers

30044594 Biochemistry Analyzer

30044595 Digital Calipers

30044596 Gravity Convection Oven for Foss

30044597 6- RFM330+ Refractometers

30044598 2- Foss NIR's

30044599 8 - Mettler Toledo Precision Balance 6200 G X 0.1

30044600 2- lsotemp Micro incubators 5 cu ft 30044601 Packaging Lab- CT 2000 Crush Tester

30044602 Packaging Lab - Heat Sealer 12ASL

30044603 RVDV2T Viscometer

30044604 Storage Shelving

30044605 2- PLV-511 Pantone Color Viewing Lights

30044606 2 - Mechanical Convection Oven for Foss

30044607 Mechanical Convection Oven for Foss

30044608 Sieve Shaker

30044609 Stainless Steel Work Table

30044610 Hermatherm 750 L Incubator

20

30044611 Micro Lab Powder hood workstation & table

30044612 Micro Lab Balance

30044613 TSO Autotitrator

30044614 XS64 Balance

30044615 Shop Hoists

30044616 B12SW-623 Ironworker

30044617 Calibration Tools & Storage

30044618 Dry Ice Blaster

30044619 Laser Alignment Tools

30044620 Plant Radio System & Radios

30044621 Shop Cabinets

30044622 Shop Lockers

30044623 Shop Shelving

30044624 Technician Tool Boxes

30044625 Technician Hand Tool sets

30044626 Mise Shop Tools

30044627 Baileigh AS350M Cutoff Saw

30044628 Dake 1 ton Arbor Press

30044629 Baileigh BSV16 Verticle Bandsaw

30044630 Baileigh BS300M Mitering saw

30044631 Baileigh HSP100A Hydraulic Press

30044632 Baileigh DPlSOOG Drill Press & Vise

30044633 Southwest lnd 1630SX CNC Lathe + cabinet

30044634 Southwest lnd K3EMX CNC Mill +cabinet 30044635 Miller TIG Welder Dyriasty 350

30044636 Miller TIG Welder Maxstar 150

30044637 Miller MIG Welder Millermatic 350P

30044638 Brakebox and Pan

30044639 Hydraulic Sheet metal Shear

30044640 Arbor Press

30044641 Belt Grinder

30044642 Miller PKG MWX S SA-812 12ft ARM

30044643 Mise Welding Accessories

30044644 Miller Plasma System Spectrum 875

30044645 Portable Tungsten Grinder

30044646 Sand Blasting System

30044647 Radnor Bench Grinder and accessories

30044648 Confined Space Gear

30044649 LOTO Equipment

30044650 Emergency Motorized Carts

30044651 Storage Cabinet

30044652 Foam Cleaner

30044653 Rework Drums

30044654 6FVH9 Dolly

30044655 Scrap Containers

30044656 Floor Scrubbers

30044657 Cram-a-lot TVB 60 inch Baler

21

30044658 Digital Scale

30044659 Digital Scales

30044660 Stainless Steel Ramps

30044663 Granulated Sugar Filter Receiver (4002)

. 30044664 Granulated Sugar Loss in Weight Hopper {4002)

30044665 Granulated Sugar Sifter (4002}

30044666 Sugar Mill (4002)

30044667 Corn Starch Filter Receiver (4003)

30044668 Corn Starch Loss in Weight Hopper (4003)

30044669 Corn Starch Sifter (4003)

30044670 Dusting Powder Filter Receiver {4004)

30044671 Dusting Powder Torit Dust Co Hector {4005)

30044672 Dusting Powder Pressure Fan (4005)

30044673 Dusting Powder Environmentai Fan (4005)

30044674 Dusting Powder Process AHU {4005)

30044675 Filter receiver vacuum blower package (4003)

30044676 Compressed Air- Process

30044677 80 Trace Water Piping- Process

30044678 80 Process Water- Process

30044679 Potable Domestic Water- Process

30044680 Chilled Water- Process

30044681 Ductwork- Process

30044682 Printer supply hopper

30044683 Printer 1

30044684 Printer 2

30044685 Printer 3

30044686 Printer 4

30044987 Printer takeaway conveyor

30044688 Post printer metal detector

30044689 Buket elevator

30044690 Printer surge hopper

30044691 Roller cleaner

30044692 Elecon distribution system

30044693 MLP 1 Hopper

30044694 Bagger 10 Hopper

30044695 Bagger 11 Hopper

30044696 Bagger 12 Hopper

30044697 MLP 2 Hopper

30044698 Bulk Hopper

30044699 Scale Bagger 10

30044700 Bagger10

30044701 Code dater Bagger 10

30044702 Case erector Bagger 10

30044703 Metal Detector Bagger 10

30044704 Paloma Case packer Bagger 10

30044705 Check weigher and sealer Bagger 10

30044706 ConveyorBagger10

22

30044707 Palletizer Bagger 10

30044708 Scaie Bagger 11

30044709 Bagger11

30044710 Code dater Bagger 11

30044711 Case erector Bagger 11

30044712 Metal Detector Bagger 11

30044713 Pal01:na Case packer Bagger 11

30044714 Check weigher and sealer Bagger 11

30044715 ConveyorBagger11

30044716 Palletizer Bagger 11

30044717 Scale Bagger 12

30044718 Bagger12

30044719 .Code dater Bagger 12

30044720 Case erector Bagger 12

30044721 Metal Detector Bagger 12

30044722 Paloma Case packe,r Bagger 12

30044723 Check weigher and sealer Bagger 12

30044724 ConveyorBagger12

30044725 Pa!letizer Bagger 12

30044726 Singles I Share Size MLP

30044727 Film Code Dater

30044728 Carton Code Dater

30044729 Cartoner

30044730 Carton Conveyor

30044731 Metal Detector

30044732 Dynac

30044733 Case packer

30044734 Case Checkweigher

30044735 Case Code Dater

30044736 Palletlzer MLP 1

30044737 Fun Size MLP

30044738 Metal Detector

30044739 Metal Detector Takeaway Conveyor

30044740 Scoop Elevator

30044741 Vibratory Trolley lnfeed

300447 42 Reversing Trolley Conveyor

30044743 Bulk Storveyor

30044744 Bagger Storveyor

30044745 Vibratory Bagger 12 lnfeed

30044746 Vibratory Bulk Storeveyor Discharge

30044747 Vibratory Lentail Bulk lnfeed

30044748 Bulk Decline

30044749 Case erector

30044750 Bulk Machine

30044751 Case sealer

30044752 Case Conveyor

30044753 Stand Alone Stretch Wrapper

23

~------ ---

30044754 Stand Alone Stretch Wrapper

30044755 MDL Reject Conveyor 1

30044756 MDL Reject Conveyor 2

30044958 Mars Pan #1 Hopper {4130)

30044959 Mars Pan #1 Drum (4130)

30044960 Mars Pan Spray Arm Assembly#l (4130)

30044961 Mars Pan #1 Elevating Conveyor (4130)

30044962 Mars Pan Shot Pot Assembly #1 (4131)

30044963 Dalamatic Dust Collector#l (4132)

30044964 HEPA Filter Assembly #1 (4132)

30044965 Mars Pan #1 Process Fan (4132)

30044966 Mars Pan #1 Reheat Coil Assembly (4132)

30044967 Mars Pan #2 Hopper {4135)

30044968 Mars Pan #2 Drum (4135)

30044969 Mars Pan Spray Arm Assembly #2 (4135)

30044970 Mars Pan #2 Elevating Conveyor (4135)

30044971 Mars Pan Shot Pot Assembly #2 (4136)

30044972 Dalamatic Dust Collector #2 {4137}

30044973 HEPA Filter Assembly #2 (4137)

30044974 Mars Pan #2 Process Fan (4137)

30044975 Mars Pan #2 Reheat Coil Assembly {4137)

30044976 Mars Pan #3 Hopper (4140)

30044977 Mars Pan #3 Drum (4140)

30044978 Mars Pan Spray Arm Assembly #3 (4140)

30044979 Mars Pan #3 Elevating Conveyor (4140)

30044980 Mars Pan Shot Pot Assembly #3 (4141)

30044981 Dalamatic Dust Collector #3 (4142)

30044982 HEPA Filter Assembly #3 (4142}

30044983 Mars Pan #3 Process Fan (4142)

30044984 Mars Pan #3 Reheat Coil Assembly (4142)

30044985 Mars Pan #4 Hopper (4145)

30044986 Mars Pan #4 Drum (4145}

30044987 Mars Pan Spray Arm Assembly #4{4145)

30044988 Mars Pan #4 Elevating Conveyor (4145)

30044989 Mars Pan Shot Pot Assembly #4 (4146)

30044990 Dalamatic Dust Collector #4 (4147)

30044991 HEPA Filter Assembly #4 (4147}

30044992 Mars Pan #4 Process Fan {4147)

30044993 Mars Pan #4 Reheat Coil Assembly {4147)

30044994 Mars Pan #5 Hopper {4150)

30044995 Mars Pan #5 Drum (4150)

30044996 Mars Pan Spray Arm Assembly #5 (4150}

30044997 Mars Pan #5 Elevating Conveyor (4150)

30044998 Mars Pan Shot Pot Assembly #5 (4151)

30044999 Dalamatic Dust Collector #5 {4152)

30045000 HEPA Filter Assembly #5 (4152}

30045001 Mars Pan #5 Process Fan (4152)

24

30045002 Mars Pan #5 Reheat Coil Assembly (4152) 30045003 Mars Pan #6 Hopper (4155) 30045004 Mars Pan #6 Drum (4155) 30045005 Mars Pan Spray Arm Assembly #6 (4155) 30045006 Mars Pan #6 Elevating Conveyor (4155) 30045007 Mars Pan Shot Pot Assembly #6 (4156) 30045008 Dalamatic Dust Collector #6 (4157} 30045009 HEPA Filter Assembly #6 (4157) 30045010 Mars Pan #6 Process Fan (4157) 30045011 Mars Pan #6 Reheat Coil Assembly (4157) 30045012 M&M's Pan Torit Dust Collector (4162) 30045013 Kathabar System (4161) 30045014 Hobart Mixer (4155) 30045015 Wax Cart #1 (4155) 30045016 Wax Cart #2 (4155) 30045017 Mars Pan Spray Arm Cart

30045018 Compressed Air- Process (5%) 30045019 80 Trace Water Piping- Process (10%) 30045020 80 Process Water- Process (10%) 30045021 Potable Domestic Water- Process (10%) .:30045022 Chilled Water- Process (10%) 30045023 Process Piping (20%) 30045024 Kathabar Piping (20%) 30045025 Ductwork- Process {15%) 30045026 Duct Actuated Dampers 18" & 20" 30045027 Dusting Powder Filter Reciever

30045028 Vacuum Blower

30045029 Dusting Powderve.nt Hopper

30045030 Dusting Powder Screw Conveyor 1 30045031 Dusting Powder Screw Conveyor 2 30045032 Dusting Powder Screw Conveyor 3 30045033 lnfeed Buffer Hopper

30045034 lnfeed Weigh Belt Feeder

30045035 Prefeeder LIW

30045036 Prefeeder Secondary Screw

30045037 CGSS Pump to Wet Tube 1 . 30045038 Wet Tube 1 30045039 Dry Tube 1 UW

30045040 DrY Tube 1 LIW Secondary Screw

-30045041 Dry Tube 1 30045042 CGSS Pump to Wet Tube 2 30045043 Wet Tube 2 30045044 Dry Tube 2 LIW

30045045 Dry Tube 2 LIW Secondary Screw

30045046 Dry Tube 2

30045047 CGSS Pump to Wet Tube 3 30045048 Wet Tube 3

25

30045049 Dry Tube 3 LIW

30045050 Dry Tube 3 LiW Secondary Screw

30045051 Dry Tube 3 30045052 First Coat Sifter

30045053 First Coat Eiecon Conveyor

30045054 Exit Buffer Hopper

30045055 Exit Weigh Belt Feeder

30045056 First Coat to Final Coat Elecon

30045057 First Coat Distribution Elecon

30045058 Dust Collector

30045059 Dusting Powder Reclaim Screw Conveyor

30045060 Return Fan

30045061 Air Handling Unit

30045062 Supply Fan

30045063 Piping for Dusting Powder system

30045064 Piping for Wet Tube 1 CGSS

30045065 Piping for Wet Tube 2 CGSS

30045066 Piping for Wet Tube 3 CGSS

30045067 Process AHU Ductwork

30045068 Chemical Addition pump

30045069 Sanitizer Addition pump

30045070 CGSS Use tank

30045071 CGSS Use pump

30045072 CGSS CIP pump

30045073 Corn Syrup tank

30045074 Corn Syrup pump

30045075 CGSS Mix tank

30045076 CGSS Mix tank pump

30045077 CGSS Mix tank exhaust fan

30045078 Gum Use tank

30045079 Gum Use Pump

30045080 Gum Bag Dump Station and Drag Conveyor

30045081 Gum Pallet Lift 30045082 Gum Mix tank

· 30045083 Gum Mix pump

30045084 Gum Mix tank exhaust fan 30045085 Soda Solution Tank

30045086 Soda Solution Pump

30045087 76 Brix Mix tank .Exhaust Fan

30045088 76 Brix Mix Tank

30045089 High Shear Pump

30045090 76 Brix Heat Exchanger

30045091 Sugar Filter Reciever

30045092 Sugar Weigh Bin

30045093 76 Brix Use Tank

30045094 76 Brix to Dipper Pump

30045095 76 Brix to Panning Loop Pump

26

30045096 76 Brix to Batching Loop Pump

30045097 Ti02 Use Tank

30045098 TI02 Use Pump

30045099 TI02 Bag Dump Station and Drag Conveyor 30045100 Ti02 Pallet Lift

30045101 Ti02 Mix Tank

30045102 TI02 Mix Pump

30045103 Ti02 Mix tank exhaust fan

30045104 Color Skid 1

30045105 Color Skid 2

30045106 Dextrin Supersack Dump Station and Drag Conveyor 30045107 CGSS system Piping- Mix and Use

30045108 Ti02 system Piping- Mix and Use

30045109 76 Brix system Piping- Mix and Use

30045110 Gum system Piping- Mix and Use

30045111 Utilities Piping- 80C, 80 Trace, 60 Trace, Compr

30045112 M&M Polishing Tube #1 (4133)

30045113 Blending Hopper#~ (4134)

30045114 M&M Polishing Tube #2 {4138)

30045115 Blending Hopper #2 {4134)

30045116 M&M Polishing Tube #3 (4143)

30045117 Blending Hopper #3 (4134)

30045118 M&M Polishing Tube #4 (4148)

30045119 Blending Hopper #4 {4134)

30045120 M&M Polishing Tube #5 (4153)

30045121 Blending Hopper #5 (4134)

30045122 M&M's Polishing Tube #6 {4158)

30045123 Blending Hopper #6 (4134)

30045124 Elevator/Conveyor/Screener {4134) 30045125 Air Handling unit (4159)

30045126 Polishing Tube Duct Dampers (4160)

30045127 Polishing Tube AHU Fans {4160)

30045128 M&M 1s Po!sihing Torit Dust Collector (4160)

30045129 Compressed Air- Process (5%)

30045130 80 Trace Water Piping- Process (10%)

30045131 80 Process Water- Process (10%)

30045132 Potable Domestic Water- Process {10%)

30045133 Chilled Water- Process (10%)

30045134 Process Piping (20%)

30045135 Kathabar Piping {20%}

30045136 Ductwork- Process (15%)

30045137 Service Elevator

30045138 Raw Peanut Dust Collector

30045139 Raw Peanut Super Sack Unloading #1

30045140 Raw Peanut Super Sack Unloading #2

· 30045141 Raw Peanut Super Sack Unloading #3

30045142 Raw Peanut Bucket Elevator

27

30045143 Raw Peanut Hopper

30045144 Raw peanut weigh belt feeder

30045145 KICE Aspirator

30045146 RAW Peanut vibratory screen

30045147 Sucrose Dipper

30045148 Sucrose Dipper heat exchanger

30045149 GUM Hold Tank

30045150 Peanut Dryer

30045151 Drum Filter Skid

30045152 Waste Oil Transfer Tank

30045153 Peanut Roaster

30045154 Paper Filter

30045155 Heat Recovery Exchanger

30045156 KHX Heat Exchanger

30045157 Peanut Cooler

30045158 Peanut Cooler Ma.ke-up air handler

30045159 PeanutConveyor

30045160 Diper CIP Skid

30045161 Roaster Fire Suppression

30045162 Roasting Jib Crane

30045163 Roasting Piping

30045164 Rotex Sifter

30045165 Weigh Belt Feeder

30045166 Roaster Soy Oil Pump

30045172 Chocolate Use Tank

30045173 Basket Strainer w/magnetic assembly

30045174 Chocolate tank pump

30045175 Cuno Filter #1

30045176 Cuno Filter #2

30045177 Chocolate Conditioning Unit

30045178 Trace Water skid

30045179 Grato Pump #1

30045180 Graco Pump #2

30045181 High Pressure Relief Valve #1

30045182 High Pressu~e Relief Valve #2

30045183 Chocolate Spray Tube #1

30045184 Tube #1 Chocolate Spray Arm #1

30045185 Tube #1 Chocolate Spray Arm #2

30045186 Screening Conveyor#1

30045187 Product Transfer Conveyor #1

30045188 Graco Pump #3

30045189 Graco Pump #4

30045190 High Pressure Relief Valve #3

30045191 High Pressure Relief Valve #4 30045192 Chocolate Spray Tube #2

30045193 Tube #2 Chocolate Spray Arm #1

30045194 Tube #2 Chocolate Spray Arm #2

-----------

28

30045195 Screening Conveyor#2

30045196 Product Transfer Conveyor #2

30045197 Graco Pump #5

30045198 Graco Pump #6

30045199 High Pressure Relief Valve #5

30045200 High Pressure Relief Valve #6

30045201 Chocolate Spray Tube #3

30045202 Tube #3 Chocolate Spray Arm #1

30045203 Tube #3 Chocolate Spray Arm #2

30045204 Screening Conveyor#3

30045205 Product Transfer Conveyor #3

30045206 Cooling Tube

30045207 Screening Conveyor #4

30045208 Product Transfer Flight Conveyor

30045209 Rotex Screener

. 30045210 Oversize Grinder

30045211 Bucket Elevator

30045212 Fan#1

30045213 Fan#2

30045214 Fan#3

30045215 Torit Dust C0llectorTube 1

30045216 Torit Dust Collector Tube 2,3, &4

30045217 AHU

30045218 AHU Heat Exchanger 30045219 Tube #1 Heat Exhanger #1

30045220 Tube #1 Heat Exhanger #2

30045221 Tube #2 Heat Exhanger #1

30045222 Tube #2 Heat Exhanger #2

30045223 Tube #3 Heat Exhanger #1

30045224 Tube #3 Heat Exhanger #2

30045225 Compressed Air- Process (5%)

30045226 80 Trace Water Piping- Process (10%)

30045227 80 Process Water- Process (10%)

30045228 Chilled Water- Process (10%}

30045229 Process Piping (20%)

30045230 Ductwork- Process (15%}

30045231 MCC 4A- Roasting

30045232 CP 4A- Roasting

30045233 MCC 4B - Chocolate Spray

30045234 CP 4C- Chocolate Spray

30045235 MCC 4D - First Coat

30045236 CP 40 - First Coat

30045237 MCC 4E- Final Coat Blending

30045238 CP 4R- Final Coat Blending

30045239 MCC 4F- Central Batching -Color

30045240 CP 4F- Central Batching - Color

30045241 MCC 4G - Central Batching Systems

29

30045242 CP 4G - Central Batching Systems

30045243 MCC 4H - Dusting Powder

30045244 CP 4G- Dusting Powder

30045245 MCC 4EA.: Final Coat #1

30045246 CP 4H - Final Coat #1

30045247 MCC 4EB - Final Coat #2

30045248 CP 4J- Final Coat #2

30045249 . MCC 4EC - Final Coat #3

30045250 CP 4K- Final Coat #3

30045251 MCC 4ED- Final Coat #4

30045252 CP 4L- Final Coat #4 30045253 MCC 4EE- Final Coat #5

30045254 CP 4M - Final Coat #5

30045255 MCC 4EF- Final Coat #6

30045256 CP 4N - Final Coat #6

30045257 MCC 4EG - Kathabar

30045258 CP 4Q- Kathabar

30045259 MCC 4EH- Polishing AHU

30045260 CP 4P- Polishing AHU

30045261 Convenience Rework System

30045262 Convenience screw conveyor 01

30045263 Convenience screw conveyor 02

30045264 Convenience screw conveyor 03

30045265 Convenience Metal Detector

30045266 Convenience ACM System

30045267 Convenience SMP/WMP Filter Receiver

30045268 Convenience SMP/WMP Loss in Weight feeder

300452Ei9 Convenience Lactose filter receiver

30045270 Convenience Lactose Loss in Weight feeder

30045271 Convenience Sugar Blend filter receiver

30045272 Convenience Sugar Blend Loss in Weight feeder

30045273 Convenience Vanillin Pallet Lift

30045274 Convenience Vanillin System

30045275 Convenience Salt Flake Pallet Lift 30045276 Convenience Salt System

30045277 Convenience AHU-211

30045278 Convenience Crumb Filter Receiver

30045279 Convenience Crumb Loss In Weight Feeder 01

30045280 Convenience Crumb Loss in Weight Feeder 02

30045281 Convenience Crumb Screw Conveyor

30045282 Convenience Crumb Receiver Vacuum Blower Package

30045283 Convenience Conche #1

30045284 Convenience Conche #2

30045285 Convenience Conche #1 TCM Package

30045286 Convenience Conche #2 TCM Package

30045287 Convenience Chocolate Storage

30045288 Chilled Water Piping

30

30045289 48C Trace Piping

30045290 Convenience Chocolate Piping

30045291 Lactose piping

30045292 SMP/WMP Piping

30045293 Sugar blend piping

30045294 Crumb Piping

30045295 Vanillin Piping

30045296 Salt Flake Piping

50000967 Lentils and Front Sign

50000968 B01 Security Window

50000969 BOl Blinds

50000970 801 Casework

50000971 BOl Lockers

50000972 B01 Sink

50000973 B01 Drinking fountain

50000974 801 Mop Basin

50000975 B01 Carpet

50000976 801 VCT

50000977 801 Flooring Base

50000983 Audio Visual Equip- TV's and Projectors

50000984 Lobby-Fur'n & A/V

50000985 PN Conf Room-Fum & A/V

50000986 Twix Conf Room-Fum & A/V

50000987 Security Office-Fum & A/V

50000988 Snickers (Crisis Mgmt) Conf Room-Fum & A/V

50000989 Fitness Center-Fum & A/V 50000990 Cafeteria-Fum & A/V

50000991 Outdoor Patio-Fum & A/V

50000992 Admin Server Room-Furn & A/V

50000993 Time Card Kiosk-Furn & A/V 50000994 Staff Mgmt Office-Fum & A/V 50000995 Training Room-Fum & A/V

50000996 Company Store-Fum & A/V

50000997 Exam Room-Fum & A/V

50000998 Mother's Room-Fum & A/V

50000999 · Health Services Office-Fum & A/V

50001000 Micro Lab-Furn & A/V

50001001 Analytical Lab-Fum & A/V

50001002 Sensory Panel Conf Room-Fum & A/V

50001003 Packaging Lab-Fum & A/V

50001004 Freedom Conf Room-Fum & A/V

50001005 Main Office Work Stations -Fum & A/V

50001006 Visitors Station-Fum & A/V

50001007 Email Station-Fum & A/V

50001008 Central Gathering-Fum & A/V

50001009 Women's Locker Room-Fum & A/V

50001010 Quality Conf Room-Furn & A/V

31

50001011 Responsibility Conf Room-Furn & A/V

50001012 Mutuality Conf Room-Furn & A/V

50001013 Efficiency Conf Room-Fum & A/V

50001014 CUB Control Room-Furn & A/V

50001015 Guard House-Fum & A/V

50001016 Shipping Trucker1s Rest Area-Fum & A/V 50001017 Shipping Office-Fum & A/V

50001018 Prod Break Room-Furn & A/V

50001019 Plant Office Work Stations-Fum & A/V 50001020 Support VS Meeting Room-Fum & A/V

50001021 M&M VS Meeting Room-Fum & A/V

50001022 Filled Bar VS Meeting Room-Fum & A/V

50001023 Training Room - Hands On-Fum & A/V

59001024 Training Room - In Plant-Fum & A/V

50001025 Specialty Tool Crib-Fum & A/V

50001026 Trucker Area-Fum & A/V

50001027 Receiving -Fum & A/V

50001028 Break Room-Fum & A/V

50001029 IT Room-Furn & A/V

50001030 Server Room-Fum & A/V 50001031 Health Center

50001032 Gym Mirrors

50001033 Life Fitness-Treadmills- 2

50001034 Life Fitness-Eiiptical Cross Trainer- 2

50001035 Life Fitness-Recumbent Bike

50001036 Life.Fitness-Upright Bike

50001037 Life Fitness-GX Bike with Console

50001038 Life Fitness-Stairdimber

50001039 First Degree-Fluid Rower

500Q1040 Life Fitness- Duallat Pulldown/low row

50001041 Life Fitness-Dual Multi Press

50001042 Life Fitness-Dual Pee Fly/Rear Deft

50001043 Life Fitness-Dual Leg Extension/Curl

50001044 Life Fitness-Single Station Leg Press

50001045 Life Fitness-Adjustable Bench -

50001046 Life Rtness-Cable Motion Dual Pulley

50001047 Life Rtness-Ab Crunch Bench

50001048 Troy Barbei!-3-Tier Dumbell Rack

50001049 Troy Barbell-Kettle Bell Rack

50001050 Free Weights

50001051 Fitness Center Training Tools

50001052 Fitness Center Equipment A/V

50001053 Admin Office Workstations

50001054 Health Office Equipment

50001055 Temp Stock Cage

50001056 Stainless Steel Work Stations

50001057 SRS Workstations

32

50001058 Health Office Equipment

60005257 Server Racks

60005258 Controls Edge Switch

60005259 Controls Core Switch

60005260 Wireless Access Points and Controller

60005261 Switch Cabinet UPS

60005262 MES Server

60005263 Lighting Server

60005264 Domain Controller Server

60005265 Sercurity Camera Server

60005266 Controls Server

60005267 Process Cameras (Hardware)

60005326 SRS Printers

60005327 Server License

60005328 Zebra net Xi 140Xi4 Printer & Server

60005329 XL300DD Dot Matrix Printer

60005330 IPT Phone System

60005331 LAN/VVLAN

60005332 Network Switches

60005333 Mise Camp Accessories

60005334 · Computers

61000065 MDT Software (on server)

61000066 tntravue Software

61000067 C9ntrols Wonderware Software

61000070 Software

61000071 MES Software

61000072 IT Firewall

33

A Report of the Economic Impact of

Mars Chocolate North America, LLC in Topeka, Kansas

December 3, 2014

Prepared for:

Greater Topeka Chamber of Commerce/GO Topeka

120 SE 6th Avenue, Suite 110

Topeka, Kansas 66603-3515

(785) 234-2644

www.TopekaChamber.org

Prepared by:

Impact DataSource

4709 Cap Rock Drive

Austin, Texas 78735

(512) 892-0205

Fax (512) 892-2569

www.impactdatasource.com

:•; -=IMPACT 1.1E DataSource

----__________.....- ~

Table of Contents

The Report:

Introduction .............................................................................•.............................. 3

Summary of the Results of the Analysis ................................................................. 3

Description of the Facility ......................................................................................... 6

Economic Impact of the Firm ................................................................................... 7

Costs and Benefits for State and Local Taxing Districts .......................................... 8

Net Benefits to be Received by the City from the Firm and New Workers ............ 11

Possible Tax Abatement the May be Available to the Firm ................................... 12

Analysis of Possible Incentives that May be Offered to the Firm ............................ 13

Conduct of the Analysis ............................................................................................ 14

About Impact DataSource ......................................................................................... 15

Data and Rates Used in the Analysis ......................................................................... 16

Schedules Showing the Results of Economic Impact Calculations ............................ 25

Schedules Showing the Results of Costs and Benefits Calculations:

City of Topeka ........................................................................................................ 30

Shawnee County .................................................................................................... 33

Auburn/Washburn Unified School District 437 ...................................................... 35

Topeka Transit .......................................................................................................... 37

Metropolitan Topeka Airport Authority ................................................................... 37

Washburn University ................................................................................................ 38

Topeka & Shawnee County Public Library ................................................................ 40

State of Kansas ........................................................................................................... 41

Page2

Introduction

A Report of the Projected Economic Impact from

Mars Chocolate North America, LLC

This report presents the results of an economic impact analysis performed by Impact DataSource, an

Austin, Texas economic consulting, research and analysis firm. The analysis was to determine the impact

that Mars Chocolate North America, LLC will have on the economy of the Topeka area and the costs and bene·

and local taxing districts over the next ten years.

Summary of the Results of the Analysis

Net Benefits for the City and County

The analysis shows that the City of Topeka and Shawnee County will receive the following additional net

benefits from the company's facility in Topeka and from direct and indirect workers over the next ten years:

Net.Benefits for the City and County

Overthe Next Ten Years ,'',

City of Topeka Shawnee County

Total net benefits

Page 3

$1,905,448 $853,455

$2,758,903

Property Taxes that May be Abated

The state and local taxing districts are considering abating property taxes for the firm at the following

percentages:

Percentage of Taxes

to be Abated

Year 1 100%

Year 2 100%

Year 3 100%

Year 4 100%

Year 5 100%

Year 6 100%

Year 7 100%

Year 8 100%

Year 9 100%

Year 10 100%

Page4

r--------------------------------------------------

If taxes are abated, as proposed, the following property taxes will be abated:

-:- --·· Taxes to be Aliated by ··- ...

School Topeka Airport

City County District Transit Authority

Year 1 $280,880 $340,568 $381,001 $29,688 $14,448

Year2 $286,498 $347,379 $388,621 $30,282 $14,737

Year3 $292,228 $354,327 $396,393 $30,888 $15,032

Year4 $298,072 $361,414 $404,321 $31,506 $15,333

YearS $304,034 $368,642 $412,407 $32,136 $15,639

Year6 $310,115 $376,015 $420,656 $32,778 $15,952

Year? $316,317 $383,535 $429,069 $33,434 $16,271

Year8 $322,643 $391,206 $437,650 $34,103 $16,597

Year9 $329,096 $399,030 $446,403 $34,785 $16,929

Year10 $335,678 $407,010 $455,331 $35,480 $17,267

Total $3,075,561 $3,729,125 $4,171,852 $325,079 $158,205

Washburn Public State of University Library Kansas Total

Year 1 $23,461 $69,153 $4,877 $1,144,077

Year2 $23,930 $70,536 $4,975 $1,166,958

Year3 $24,409 $71,946 $5,074 $1,190,297 Year4 $24,897 $73,385 $5,176 $1,214,103

Year 5 $25,395 $74,853 $5,279 $1,238,385

Year6 $25,903 $76,350 $5,385 $1,263,153

Year? $26,421 $77,877 $5,493 $1,288,416

Year 8 $26,949 $79,435 $5,603 $1,314,185

Year9 $27,488 $81,023 $5,715 $1,340,468

Year 10 $28,038 $82,644 $5,829 $1,367,278

Total $256,890 $757,203 $53,406 $12,473,915

Page 5

Cash and Other Incentives that May be Offered to the Firm

If the City and County provide incentives to the firm, possible incentives will have the following average

annual rate of return and payback period for these possible public investments in the firm:

Return and Payback on Possible Public Incentives for the Firm ··

Net revenues for the City and County over the first ten years

Range of possible incentives:

(1) Provide a return on investment over each ofthe first ten years

of at least 6% or

(2) Will be paid back to the City and County in the form of additional

taxes in seven years

Minimum incentives that meet both of the above incentive guidelines

Incentives per job:

Number of jobs to be created

Incentives per job

Description of Facility

Mars Chocolate North America, LLC is constructing a new manufacturing facilty in Topeka.

$2,758,903

$8,150,000

$1,964,319

$1,964,319

300

$6,548

The firm plans an investment of about $317 million in the facility to include about $157 million on real

property. The estimated appraised value, according to the Shawnee County Appraiser's Office,

is $28,263,610

The expansion will 300 workers to the facility with five years --jobs with average annual salaries

of$43,000.

PageS

The Economic Impact of Mars Chocolate North America, llC over the Next 10 Years

Economic Impact on the State of Kansas

The project, its workers and workers in indirect jobs created will have the following economic impact

on the State of Kansas over the next ten years:

Economic lnlpact of the Company Operations _oh_the 'State of Kansas -:,- -- O~er the Next io YearS ··~~- ,- -

Total number of direct and indirect jobs created

Number of direct and indirect workers who will move to the State

Number of new residents in the State

Number of new residential properties to be built in the State

Number of new students expected in local public schools

Salaries to be paid to direct and indirect workers

Taxable sales and purchases expected in the State

The value of new residential property to be built for direct and

indirect workers who move to the State by Year 10 Market value of the firm's property added to local tax rolls

Economic Impact on the Topeka Area

921 104 311

25

66 $279,888,501 $178,769,559

$5,476,490

$28,274,640

The project, its workers and workers in indirect jobs created will have the following economic impact

on the Topeka area over the next ten years:

EconomiC Impact of the Company Operations o~~tn~ T~Pceka Area .· .. Over the Next .10 Years -·~---

Total number of direct and indirect jobs created

Number of direct and indirect workers who will move to the County

Number of new residents in the County

Number of new residential properties to be built in the County

Number of new students expected in local public schools

Salaries to be paid to direct and indirect workers

Taxable sales and purchases expected in the County

The value of new residential property to be built for direct and

indirect workers who move to the County by Year 10

Market value of the firm's property added to local tax rolls

687

91 273

22

58 $208,872,015 $133,410,118

$4,086,933

$28,274,640

How this economic activity translates into costs and benefits for the state and local taxing districts is

discussed next.

Page?

Costs and Benefits for the State and Local Taxing Districts over the Next 10 Years

The state and local taxing districts can expect costs and benefits over the next ten years from operations of

the firm, its workers and workers in indirect jobs created in the community. These costs and benefits are

scheduled below, beginning with the revenues that will be received by local taxing districts.

Revenues for the State and Local Taxing Districts

Public ~evenues from the Firm's Operations

.. ·. ~ over Next Ten Years

Property Utility Personal Sales Taxes Utility Franchise Income

(After

Taxes Abatement) Revenues Fees Taxes

City ofTopeka $1,334,101 $153,735 $3,185,253 $544,334

Shawnee County $667,051 $186,404

Auburn/Washburn Unified School District 437 $208,534

Topeka Transit $16,249

Metropolitan Topeka Airport Authority $7,908

Washburn University $867,166 $269,731

Topeka & Shawnee County Public $0 $37,850

Library

State of Kansas $7,070,736 $5,803 $7,975,113

Total $9,939,054 $886,215 $3,185,253 $544,334 $7,975,113

Additional

Other State and

Corporate Transit Taxes Federal

Income Guest and User School Total

Taxes Taxes Fees Funding Revenues

City ofTopeka $7,295 $89,345 $5,314,063

Shawnee County $853,455

Auburn/Washburn Unified School District 437 $6,038,146 $6,246,680

Topeka Transit $16,249

Metropolitan Topeka Airport Authority $7,908

Washburn University $1,136,897

Topeka & Shawnee County Public $37,850

Library

State of Kansas $0 $21,885 $5,249,060 $20,322,599

Total $0 $29,180 $5,338,405 $6,038,146 $33,935,701

Page 8

Costs for the State and Local Taxing Districts

While the state and local taxing districts will receive revenues from the firm, its workers and from indirect

workers, local districts may also incur additional costs. The following costs will be incurred over the next ten

years, as a result of the firm's operations in Topeka:

~-- ·-·Public Ceists from the:Firm's Operations Overthe Next Ten Years . ·'~:;~~ .. -·-·

Costs of

Providing

Monthly Costs of

Utilities to the Cost of Providing

Facility and Services for Cost of Services

to New New Services for to New

Residents Residents the Firm Students Total

City ofTopeka $3,185,253 $223,362 $3,408,615

Shawnee County $0

Auburn/Washburn Unified School District 437 $4,556,264 $4,556,264

Topeka Transit $0

Metropolitan Topeka Airport Authority $0 Washburn University $0

Topeka & Shawnee County Public $0

Library State of Kansas $489,487 $3,896,064 $3,876,017 $8,261,568

Total $3,185,253 $712,849 $3,896,064 $8,432,281 $16,226,447

Page 9

Net Benefits for the State and Local Taxing Districts

The net benefits from the firm's operations for the state and local taxing districts over the next 10 years will

be as follows:

Net Benefits Over the Next 10 Years from the

·Firm's Operations

Net Benefits Costs Benefits

City of Topeka $5,314,063 $3,408,615 $1,905,448

Shawnee County $853,455 $0 $853,455

Auburn/Washburn Unified School District 437 $6,246,680 $4,556,264 $1,690,416

Topeka Transit $16,249 $0 $16,249

Metropolitan Topeka Airport Authority $7,908 $0 $7,908

Washburn University $1,136,897 $0 $1,136,897

Topeka & Shawnee County Public $37,850 $0 $37,850

Library

State of Kansas $20,322,599 $8,261,568 $12,061,031

Total $33,935,701 $16,226,447 $17,709,254

Discounted Cash Flow for the State and Local Taxing Districts

The discounted cash flow over the next ten years for the state and each taxing district from the firm's

operations is shown below:

City of Topeka

Shawnee County

Discounted Cash Flow Over the .. .. ..

Next io Years

Auburn/Washburn Unified School District 437

Topeka Transit

Metropolitan Topeka Airport Authority

Washburn University

Topeka & Shawnee County Public

State of Kansas

Total

$1,437,658

$651,874

$1,168,901

$11,547

$5,619

$684,368

$26,895

$9,183,571

$13,170,434

The above discounted cash flow or present value of net benefits is a way of expressing in today's dollars,

Page 10

dollars to be paid or received in the future. Today's dollar and a dollar to be received or paid at differing times

in the future are not comparable because of the time value of money. The time value of money is the interest

rate or each taxing district's discount rate. This analysis uses a discount rate of 6% to make the dollars

comparable- by expressing them in today's dollars or in present value.

Net Benefits to be Received by the City of Topeka from (1) the Firm and (2) New Workers

Over the Next Ten Years

The City of Topeka will receive benefits from spending and investments by the firm and from spending

by workers. These benefits, over the next 10 years, are shown below for these two categories.

Schedule of .Benefits for the City from the Firm and NE!w Workers<

Benefits from: Total

The Firm Workers Benefits

Revenues:

Sales taxes $582,162 $751,939 $1,334,101 Property taxes $0 $153,735 $153,735 Utility revenues $2,059,507 $1,125,745 $3,185,253 Utility franchise fees $471,015 $73,319 $544,334 Building permits and other taxes and $89,345 $89,345 user fees

Transit guest taxes $7,295 $7,295

Total revenues $3,119,979 $2,194,084 $5,314,063

Costs:

Costs of providing utilities $2,059,507 $1,125,745 $3,185,253 Costs of providing municipal services $223,362 $223,362

for new residents

Total costs: $2,059,507 $1,349,107 $3,408,615

Net benefits $1,060,472 $844,976 $1,905,448

Percent of total net benefits 56% 44% for the City

Property tax collections by the city shown above are after any abatements that may be offered the firm.

Page 11

Tax Abatement that May Be Available to the Firm

The state and local taxing districts are considering abating property taxes for the firm at the following

percentages:

.Percentage ofTa>C_es · to be Abated ,:~

Year 1 100%

Year 2 100%

Year3 100%

Year4 100%

Year 5 100%

Year 6 100%

Year 7 100%

Year 8 100%

Year 9 100%

Year 10 100%

Page 12

If taxes are abated, as proposed, the following property taxes will be abated:

Taxes to be Abated by •··· ..

•. ..

School Topeka Airport

City County District Transit Authority

Year 1 $280,880 $340,568 $381,001 $29,688 $14,448

Year 2 $286,498 $347,379 $388,621 $30,282 $14,737

Year3 $292,228 $354,327 $396,393 $30,888 $15,032

Year4 $298,072 $361,414 $404,321 $31,506 $15,333

Year 5 $304,034 $368,642 $412,407 $32,136 $15,639 Year 6 $310,115 $376,015 $420,656 $32,778 $15,952

Year 7 $316,317 $383,535 $429,069 $33,434 $16,271

Year8 $322,643 $391,206 $437,650 $34,103 $16,597

Year 9 $329,096 $399,030 $446,403 $34,785 $16,929

Year 10 $335,678 $407,010 $455,331 $35,480 $17,267

Total $3,075,561 $3,729,125 $4,171,852 $325,079 $158,205

Washburn Public State of University Library Kansas Total

Year 1 $23,461 $69,153 $4,877 $1,144,077

Year 2 $23,930 $70,536 $4,975 $1,166,958

Year 3 $24,409 $71,946 $5,074 $1,190,297 Year4 $24,897 $73,385 $5,176 $1,214,103

Year 5 $25,395 $74,853 $5,279 $1,238,385

Year 6 $25,903 $76,350 $5,385 $1,263,153

Year 7 $26,421 $77,877 $5,493 $1,288,416

Year 8 $26,949 $79,435 $5,603 $1,314,185

Year 9 $27,488 $81,023 $5,715 $1,340,468 Year10 $28,038 $82,644 $5,829 $1,367,278

Total $256,890 $757,203 $53,406 $12,527,321

Analysis of Possible Incentives that May be Offered to the Firm

Incentives may be offered to the firm by the City or County.

This analysis considers possible City or County incentives that may be provided to the firm as public investments for the benefit of the City and County. The returns on this investment are the additional net

benefits that the City and County will receive from the firm, its workers and workers in indirect jobs created in the community, in the form of additional taxes and other revenues.

Page 13

Four calculations analyzing this investment were made-- net benefits, discounted cash flow, rate of return on

investment and payback period. Total net benefits and discounted cash flow for the City and County are

scheduled above. Rate of return on investment and payback period are discussed and scheduled below.

Rate of return on investment is the average annual rate of return, over each of the first ten years, that the

City and County will receive from additional revenues as a result of the City and County's investment in the

facility.

Payback period is the number of years that it will take the City and County to recover the investment from

revenues that they will receive from the firm and its new direct and indirect employees.

The average annual rates of return on investment over the first ten years and the investment payback

period on the City and County's possible incentives for the company are shown below:

Return and Payback on Possible Public Incentives for the Firm

Net revenues for the City and County over the first ten years

Range of possible incentives:

(1) Provide a return on investment over each ofthe first ten years

of at least 6% or

(2) Will be paid back to the City and County in the form of additional

taxes in seven years

Minimum incentives that meet both of the above incentive guidelines

Incentives per job:

Number of jobs to be created

Incentives per job

Conduct of the Analysis

$2,758,903

$8,150,000

$1,964,319

$1,964,319

300 $6,548

This analysis was conducted by Impact DataSource using data, rates and information supplied by the firm

to the Greater Topeka Chamber of Commerce/GO Topeka and other information supplied by the Chamber.

In addition, Impact DataSource used certain estimates and assumptions.

Using this data, the economic impact from the facility and the costs and benefits for the State of Kansas,

the City ofTopeka and other local taxing districts were calculated for a ten year period.

In addition to the direct economic impact of the firm and its employees, spin-off or indirect and induced

Page 14

benefits were also calculated. Indirect jobs and salaries will be created in new or existing area firms, such as

office supply companies and air conditioning service firms, that may supply goods and services to the firm. In

addition, induced jobs and salaries are created in new or existing local businesses, such as retail stores, gas

stations, banks, restaurants, and service companies that may supply goods and services to new workers and

their families.

To estimate the indirect and induced economic impact of the facility and its employees on the Topeka

area, regional economic multipliers were used. Regional economic multipliers for Kansas and areas of the

state are included in the US Department of Commerce's Regional Input-Output Modeling System {RIMS II).

Two types of regional economic multipliers were used in this analysis: an employment multiplier and an

earnings multiplier.

An employment multiplier was used to estimate the number of indirect and induced jobs created and

supported in the Topeka area. An earnings multiplier was used to estimate the amount of salaries to

be paid to workers in these new indirect and induced jobs. The multipliers show the estimated number

of indirect and induced jobs created for every one direct job at the facility and the amount of salaries

paid to these workers for every dollar paid to a direct worker at the facility. The multipliers used in this

analysis are the following:

Employment multiplier

Earnings multiplier

About Impact DataSource

1.2925

$1.2982

Impact DataSource is a seventeen-year-old Austin economic consulting, research and analysis firm. The firm

has conducted economic impact analyses of numerous projects in fifteen states, including Kansas. In

addition, the firm has developed economic impact analysis computer programs for several clients, including

the New Mexico Economic Development Department.

The firm's principal, Jerry Walker, performed this economic impact analysis. He is an economist and has

Bachelor of Science and Master of Business Administration degrees in accounting and economics from

Nicholls State University, Thibodaux, Louisiana.

Data used in the analysis, along with schedules of the results of calculations, are on the following pages.

Page 15

Data and Rates Used in this Analysis

Page 16

Community information and rates:

Sales tax rate:

City ofTopeka

Shawnee County

Washburn University

Estimated transit guest tax allocated to the City of Topeka

Mill levies:

City of Topeka

Shawnee County

Auburn/Washburn Unified School District 437

Topeka Transit

Metropolitan Topeka Airport Authority

Washburn University

Topeka & Shawnee County Public Library

Classification rate:

Real property used for residential purposes

Real property used for commercial and industrial purposes and

buildings and commercial and industrial machinery and equipment

1%

0.5%

0.65%

2%

39.736

48.18

53.9

4.200

2.044

3.319

9.783

11.50%

25%

Effective property tax rate as a percent of the appraised or market value of property:

City ofTopeka

Residential

Commercial

Shawnee County

Residential

Commercial

Auburn/Washburn Unified School District 437

Residential

Commercial

Topeka Transit

Residential

Commercial

Metropolitan Topeka Airport Authority

Residential

Commercial

Washburn University

Page 17

0.4570%

0.9934%

0.5541%

1.2045%

0.6199%

1.3475%

0.0483%

0.1050%

0.0235%

0.0511%

Residential

Commercial

Topeka & Shawnee County Public Library Residential

Commercial

Expected inflation rate over the next 10 years

Discount rate used in analysis to compute discounted cash flows

Estimated average taxable value of a single residential unit (single family or

multi-family rental) that may be built for some individuals moving to Topeka

Percent annual increase in the taxable value of residential and commercial

real property on local tax rolls over the next 10 years

Marginal cost of providing municipal services, excluding

utilities, to each new household

Estimated other taxes and user fees to be collected by the city from each

new household -those revenues that are in addition to sales and property taxes,

utilities and utility franchise fees

Annual increase expected in other city revenues and marginal costs

The city's estimated annual water, wastewater, and solid waste billings per

household

The city's annual cost of providing water, wastewater, and solid waste

services per household (100% of billings)

Annual increase expected in utility billings

The city's utility franchise fee percentages:

Electricity

Natural gas

Cable

Telephone (911 tax per line)

Estimated annual utility franchise fees collected from each household

in the city

Page 18

0.0382%

0.0830%

0.1125%

0.2446%

3%

6%

$155,444

2%

$250

$100

2%

$1,260

$1,260

2%

5%

5%

5%

$0.75

$86.25

Auburn/Washburn Unified School District 437 rates:

Annual state, federal and other funding received by the district for

for each child enrolled:

State

Federal

$8,418 $1,662

Average annual cost of providing services to each child in the district

Annual marginal cost for each new child, as a percent of average cost

Estimated annual marginal cost for each new child

State information and rates:

State mill levy

Total state mill levy

Effective total state tax rate:

Residential

Commercial

Sales tax rate

Transit guest tax rate

Annual marginal other revenues from each new household-- those revenues

excluding property, income and sales taxes

Annual marginal cost of providing services to each new household of the state

Annual marginal cost, per worker, of providing services

Annual other revenues per worker from businesses -those revenues

excluding property, income and sales taxes

Percent of gross salary that a typical Kansas worker spends on taxable

goods and services

Page 19

$10,080

$12,179

69%

$8,404

1.5

1.5

0.0173%

0.0375%

5.3%

6.0%

$500

$691

$550

$418

36%

Corporate income tax rate:

Total taxable income at 4.00% plus 3.05% surtax on taxable income over $50,000: 7.050%

(TY09/10) (K.S.A. 79-32,110)

Total taxable income@ 4.00% plus 3.00% surtax on taxable income over $50,000: 7.000%

(TY11 and after) (K.S.A. 79-32,110)

Personal income tax rate:

Tax Rates, Resident, married, joint

taxable income not over $30,000@ 2.7%

taxable income not over $30,000@ $810 plus 1.8% over $30,000

taxable income over $60,000@ $2,925 plus 6.45% over $60,000

Tax Rates, Resident, others

taxable income not over $15,000@ 2.70%

taxable income not over $15,000@ $405 plus 4.8% of excess over $15,000

taxable income over $30,000@ $1,462.50 plus 6.45% of excess over $30,000

Information on the Facility:

Estimated appraised value of investments at the facility:

Non Exempt

Machinery

Real and

Property Equipment Total

Year 1 $28,274,640 $0 $28,274,640

Year 2 $0 $0 $0

Year 3 $0 $0 $0

Year 4 $0 $0 $0

Year 5 $0 $0 $0

Year 6 $0 $0

Year 7 $0 $0

Year 8 $0 $0

Year 9 $0 $0

Year 10 $0 $0

Total $28,274,640 $0 $28,274,640

The firm's local taxable purchases of supplies, materials and services $1,500,000

Page 20

in the first year

Annual increase in local taxable purchases after the first year

Estimated monthly utilities at the facility in the first year:

Water

Wastewater

Solid waste

Electricity

Natural gas

Cable

Telephone

Estimated number of telephone lines at the firm

Estimated annual increase in utility rates:

Water

Wastewater

Solid waste

Electricity

Natural gas

Cable

Telephone

Number of workers at the facility:

Year 1

Year 2

Year3

Year4

Year 5

Year 6

Year 7

Year 8

Year 9

Year 10

Total

Number of

Workers

Hired

175

15

27

65

18

0

0

0

0

0

300

Page 21

Annual

$60,000

$3,600

$30,000

$300,000

$120,000

$2,400

Total

Workers at

the Facility

175

190

217

282

300

300

300

300

300

300

5%

Monthly

$5,000

$300

$2,500

$25,000

$10,000

$200

$15,000

50

5% 5% 5% 5% 5% 5% 5%

Number of workers who moved to Topeka to take job at the facility:

Number of

Employees

Who Move

to Topeka

Year 1 35

Year 2 3

Year 3 5

Year 4 13

Year 5 4

Year 6 0

Year 7 0

Year 8 0

Year 9 0

Year 10 0

Total 60

Average annual salaries of new employees hired each year:

Year 1 $43,000

Percent of expected increase in employee salaries after Year 1 2.5%

Multipliers for calculating the number of indirect and induced jobs and earnings in the area:

Earnings

Employment

1.2982

1.2925

This cost-benefit analysis uses the above multipliers to project the indirect and induced benefits

in the community as a result of the direct economic activity. The employment multiplier shows

the number of spin-off jobs what will be created from each direct job. Similarly, the earnings multiplier estimates the salaries and wages to be paid to workers in these spin-off jobs for

each $1 paid to direct workers.

Percent employees to be hired in indirect jobs created in the community

who will move to Topeka

Percent of direct and indirect workers who will move to Kansas

Percent of workers who move to the community that will buy a new home or

require that new residential property be built for them

Page 22

8%

10%

25%

The number of people in a typical worker's household

The number of school children in a typical worker's household

Percent of salaries that a typical worker spends on taxable goods and services

Percent of retail shopping by a typical worker in the City ofTopeka

Spending for construction and furniture, fixtures and equipment:

Estimated construction spending:

Year 1

Year 2

Year 3

Year 4

Year 5

Year 6

Year 7

Year 8

Year 9

Year 10

Percent of construction costs for:

Materials

Labor

Estimated percent of construction materials that will be purchased in the City

and be subject to sales tax

Percent of taxable spending by construction workers in the City

Visitors from out-of-town:

Estimated number of annual out-of-town visitors to the facility

Average annual increase in the number of out-of-town visitors to the facility

Average number of days that each of these visitors will stay in the city

Average number of nights that some of these visitors will stay in a motel

Page 23

3

0.65

36%

80%

$85,000,000

$0 $0 $0 $0 $0 $0 $0 $0 $0

60%

40%

50%

65%

200

5%

2

1

in the city

Estimated average taxable spending by each visitor in Topeka, excluding

spending on lodging

Estimated daily motel room rate in the City

Page 24

$80

$125

Schedules Showing the Results of Economic Impact Calculations

Page 25

Economic Impact of the Facility

Number of local jobs and worker salaries to be paid:

Direct Indirect Total Direct

Year Jobs Jobs Jobs Salaries

1 175 226 401 $7,525,000

2 15 19 34 $8,374,250

3 27 35 62 $8,583,606

4 65 84 149 $8,798,196

5 18 23 41 $9,018,151

6 0 0 0 $9,243,605

7 0 0 0 $9,474,695

8 0 0 0 $9,711,563

9 0 0 0 $9,954,352

10 0 0 0 $10,203,210

Total 300 387 687 $90,886,629

Number of direct and indirect workers and their families who will move

to the area and their children who will attend local public schools:

New New

Year Residents Students

1 159 34 2 15 3 3 24 5 4 60 13

5 15 3

6 0 0 7 0 0 8 0 0 9 0 0 10 0 0

Total 273 58

Page 26

Indirect Total

Salaries Salaries

$9,768,654 $17,293,654

$10,871,116 $19,245,366

$11,142,894 $19,726,501

$11,421,467 $20,219,663

$11,707,003 $20,725,155

$11,999,678 $21,243,283

$12,299,670 $21,774,366

$12,607,162 $22,318,725

$12,922,341 $22,876,693

$13,245,400 $23,448,610

$117,985,386 $208,872,015

Number of new residential properties that may be built in Topeka for direct and indirect

workers who will move to the community:

New

Residential

Year Properties

1 13

2 1 3 2 4 5

5 1 6 0

7 0

8 0

9 0

10 0

Total 22

Local taxable spending on which sales taxes will be collected:

Local Direct and

Spending by Indirect Taxable The Facility's

Construction Workers' Visitors' Sales at the Local

Year Workers Spending Spending Facility Purchases

1 $33,235,000 $6,225,715 $57,000 $0 $1,920,000

2 $0 $6,928,332 $61,646 $0 $2,016,000

3 $0 $7,101,540 $66,670 $0 $2,116,800

4 $0 $7,279,079 $72,103 $0 $2,222,640

5 $0 $7,461,056 $77,980 $0 $2,333,772

6 $0 $7,647,582 $84,335 $0 $2,450,461

7 $0 $7,838,772 $91,208 $0 $2,572,984

8 $0 $8,034,741 $98,642 $0 $2,701,633

9 $0 $8,235,609 $106,681 $0 $2,836,714

10 $0 $8,441,500 $115,375 $0 $2,978,550

Total $33,235,000 $75,193,926 $831,639 $0 $24,149,554

Page 27

Total

$41,437,715

$9,005,977

$9,285,010

$9,573,822

$9,872,807

$10,182,378

$10,502,963

$10,835,015

$11,179,005

$11,535,425

$133,410,118

Local spending by visitors on lodging:

Spending

Year on Lodging

1 $25,000

2 $27,038

3 $29,241

4 $31,624

5 $34,202 6 $36,989 7 $40,004

8 $43,264

9 $46,790

10 $50,603

Total $364,754

Taxable value of new residential property built for direct and indirect workers who move to the

community and the increase in the value of the facility's property on local tax rolls:

New Value of Total

Residential Property at Taxable

Year Property the Facility Property

1 $2,020,769 $28,274,640 $30,295,409

2 $2,219,737 $28,840,133 $31,059,870

3 $2,587,579 $29,416,935 $32,004,514

4 $3,464,121 $30,005,274 $33,469,395

5 $3,701,661 $30,605,380 $34,307,041

6 $3,n5,694 $31,217,487 $34,993,181

7 $3,851,208 $31,841,837 $35,693,045

8 $3,928,232 $32,478,674 $36,406,906

9 $4,006,797 $33,128,247 $37,135,044

10 $4,086,933 $33,790,812 $37,877,745

Page 28

Schedules Showing the Results of Costs and Benefits Calculations

Page 29

Costs and Benefits for the City of Topeka:

Benefits:

Sales tax collections on spending:

Local Direct and

Spending by Indirect Taxable The Facility's

Construction Workers' Visitors' Sales at the Local

Year Workers Spending Spending Facility Purchases Total

1 $332,350 $62,257 $570 $0 $19,200 $414,377 2 $0 $69,283 $616 $0 $20,160 $90,060 3 $0 $71,015 $667 $0 $21,168 $92,850 4 $0 $72,791 $721 $0 $22,226 $95,738 5 $0 $74,611 $780 $0 $23,338 $98,728 6 $0 $76,476 $843 $0 $24,505 $101,824 7 $0 $78,388 $912 $0 $25,730 $105,030 8 $0 $80,347 $986 $0 $27,016 $108,350 9 $0 $82,356 $1,067 $0 $28,367 $111,790

10 $0 $84,415 $1,154 $0 $29,786 $115,354

Total $332,350 $751,939 $8,316 $0 $241,496 $1,334,101

Property tax collections on:

New Residential The Firm's

Year Property Property Total

1 $9,234 $0 $9,234

2 $10,143 $0 $10,143 3 $11,824 $0 $11,824

4 $15,830 $0 $15,830

5 $16,915 $0 $16,915

6 $17,254 $0 $17,254

7 $17,599 $0 $17,599

8 $17,951 $0 $17,951

9 $18,310 $0 $18,310

10 $18,676 $0 $18,676

Total $153,735 $0 $153,735

Page 30

Costs and benefits for the City of Topeka -Continued

Utilities and utility franchise fees collected by the city from new residents and utility revenues (water, wastewater and solid waste) from the facility:

Utility Franchise

Year Utilities Fees Total

1 $160,380 $26,021 $186,401 2 $172,822 $27,562 $200,383 3 $189,714 $29,896 $219,609 4 $331,700 $57,218 $388,917 5 $351,654 $60,193 $411,847 6 $365,514 $62,847 $428,360 7 $379,992 $65,629 $445,621 8 $395,117 $68,547 $463,664 9 $410,922 $71,607 $482,529

10 $427,438 $74,815 $502,253

Total $3,185,253 $544,334 $3,729,587

Transit guest taxes collected from visitors, other taxes and user fees

collected from new residents, and building permits collected from construction at the firm's facility:

Other Hotel-Motel Taxes and Building Total Other

Year Taxes User Fees Permits Revenues

1 $500 $5,300 $0 $5,800 2 $541 $5,916 $6,457 3 $585 $6,867 $7,451 4 $632 $9,126 $9,759 5 $684 $9,850 $10,534 6 $740 $10,047 $10,787 7 $800 $10,248 $11,048 8 $865 $10,453 $11,318 9 $936 $10,662 $11,598

10 $1,012 $10,875 $11,887

Total $7,295 $89,345 $0 $96,640

Page 31

Costs and benefits for the City of Topeka- Continued

Costs:

The costs of providing services to new residents and the costs of utilities provided to the

new residents and to the facility:

Cost of Services to

New Costs of

Year Residents Utilities Total Costs

1 $13,250 $160,380 $173,630

2 $14,790 $172,822 $187,612

3 $17,167 $189,714 $206,880

4 $22,816 $331,700 $354,516

5 $24,625 $351,654 $376,280

6 $25,118 $365,514 $390,632

7 $25,620 $379,992 $405,612

8 $26,133 $395,117 $421,250

9 $26,655 $410,922 $437,577

10 $27,188 $427,438 $454,626

Total $223,362 $3,185,253 $3,408,615

Net Benefits for the City ofTopeka:

Net Cumulative

Year Benefits Costs Benefits Net Benefits

1 $615,813 $173,630 $442,183 $442,183

2 $307,043 $187,612 $119,431 $561,614

3 $331,735 $206,880 $124,855 $686,469

4 $510,244 $354,516 $155,729 $842,198

5 $538,025 $376,280 $161,745 $1,003,943

6 $558,225 $390,632 $167,593 $1,171,536

7 $579,297 $405,612 $173,685 $1,345,221

8 $601,284 $421,250 $180,033 $1,525,254

9 $624,226 $437,577 $186,649 $1,711,904

10 $648,171 $454,626 $193,545 $1,905,448

Total $5,314,063 $3,408,615 $1,905,448

Page 32

Benefits for Shawnee County:

Sales tax collections on spending:

Local Direct and

Spending by Indirect Taxable The Facility's

Construction Workers' Visitors' Sales at the Local

Year Workers Spending Spending Facility Purchases Total

1 $166,175 $31,129 $285 $0 $9,600 $207,189 2 $0 $34,642 $308 $0 $10,080 $45,030 3 $0 $35,508 $333 $0 $10,584 $46,425 4 $0 $36,395 $361 $0 $11,113 $47,869 5 $0 $37,305 $390 $0 $11,669 $49,364 6 $0 $38,238 $422 $0 $12,252 $50,912 7 $0 $39,194 $456 $0 $12,865 $52,515 8 $0 $40,174 $493 $0 $13,508 $54,175 9 $0 $41,178 $533 $0 $14,184 $55,895

10 $0 $42,207 $577 $0 $14,893 $57,677

Total $166,175 $375,970 $4,158 $0 $120,748 $667,051

Miscellaneous taxes and user fees to be collected from new residents:

Misc. Taxes

and User

Year Fees

1 $0 2 $0 3 $0 4 $0 5 $0 6 $0 7 $0 8 $0 9 $0

10 $0

Total $0

Page 33

Costs and benefits for Shawnee County, continued

Property Tax Collections on:

New The

Residential Facility's

Year Property Property Total

1 $11,196 $0 $11,196

2 $12,299 $0 $12,299

3 $14,337 $0 $14,337

4 $19,194 $0 $19,194

5 $20,510 $0 $20,510

6 $20,920 $0 $20,920

7 $21,338 $0 $21,338

8 $21,765 $0 $21,765

9 $22,200 $0 $22,200

10 $22,644 $0 $22,644

Total $186,404 $0 $186,404

Total Benefits for the County:

Total Cumulative

Year Benefits Benefits

1 $218,385 $218,385

2 $57,329 $275,714

3 $60,762 $336,476

4 $67,063 $403,539

5 $69,874 $473,412

6 $71,832 $545,244

7 $73,853 $619,098

8 $75,940 $695,038

9 $78,095 $773,133

10 $80,322 $853,455

Total $853,455

Page 34

Costs and Benefits for the Auburn/Washburn Unified School District 437:

Benefits, including property taxes and additional state and federal school funding:

Additional

State and

Property Tax Collections on: Federal

New Residential The Facility's Total School

Year Property Property Collections Funding Total

1 $12,526 $0 $12,526 $342,720 $355,246

2 $13,759 $0 $13,759 $384,149 $397,908

3 $16,039 $0 $16,039 $449,143 $465,182

4 $21,472 $0 $21,472 $605,808 $627,280

5 $22,945 $0 $22,945 $658,017 $680,962

6 $23,404 $0 $23,404 $677,758 $701,162

7 $23,872 $0 $23,872 $698,091 $721,962

8 $24,349 $0 $24,349 $719,033 $743,383

9 $24,836 $0 $24,836 $740,604 $765,441

10 $25,333 $0 $25,333 $762,823 $788,155

Total $208,534 $0 $208,534 $6,038,146 $6,246,680

Costs of educating children of new workers who move to the district:

Costs of

Educating Children

Year of New Resident Workers

1 $285,719

2 $314,039

3 $360,042 4 $476,198

5 $507,194

6 $512,266

7 $517,389

8 $522,563

9 $527,788

10 $533,066

Total $4,556,264

Page 35

Costs and Benefits for Auburn/Washburn Unified School District 437- Continued

Net Benefits for the School District:

Net Cumulative

Year Benefits Costs Benefits Net Benefits

1 $355,246 $285,719 $69,526 $69,526

2 $397,908 $314,039 $83,869 $153,395

3 $465,182 $360,042 $105,140 $258,535

4 $627,280 $476,198 $151,082 $409,617

5 $680,962 $507,194 $173,768 $583,385

6 $701,162 $512,266 $188,896 $772,281

7 $721,962 $517,389 $204,574 $976,855

8 $743,383 $522,563 $220,820 $1,197,675

9 $765,441 $527,788 $237,652 $1,435,327

10 $788,155 $533,066 $255,089 $1,690,416

Total $6,246,680 $4,556,264 $1,690,416

Page 36

Benefits for Topeka Transit

Property Tax Collections on:

New Residential The Facility's Total Total

Year Property Property Collections Benefits

1 $976 $0 $976 $976 2 $1,072 $0 $1,072 $1,072 3 $1,250 $0 $1,250 $1,250 4 $1,673 $0 $1,673 $1,673 5 $1,788 $0 $1,788 $1,788 6 $1,824 $0 $1,824 $1,824 7 $1,860 $0 $1,860 $1,860 8 $1,897 $0 $1,897 $1,897 9 $1,935 $0 $1,935 $1,935

10 $1,974 $0 $1,974 $1,974

Total $16,249 $0 $16,249 $16,249

Benefits for the Metropolitan Topeka Airport Authority

Property Tax Collections on:

New Residential The Facility's Total Total

Year Property Property Collections Benefits

1 $475 $0 $475 $475 2 $522 $0 $522 $522 3 $608 $0 $608 $608 4 $814 $0 $814 $814 5 $870 $0 $870 $870 6 $888 $0 $888 $888 7 $905 $0 $905 $905 8 $923 $0 $923 $923 9 $942 $0 $942 $942

10 $961 $0 $961 $961

Total $7,908 $0 $7,908 $7,908

Page 37

Benefits for Washburn University

Sales tax collections on spending:

Local Direct and

Spending by Indirect Taxable The Facility's

Construction Workers' Visitors' Sales at the Local

Year Workers Spending Spending Facility Purchases Total

1 $216,028 $40,467 $371 $0 $12,480 $269,345 2 $0 $45,034 $401 $0 $13,104 $58,539 3 $0 $46,160 $433 $0 $13,759 $60,353 4 $0 $47,314 $469 $0 $14,447 $62,230 5 $0 $48,497 $507 $0 $15,170 $64,173 6 $0 $49,709 $548 $0 $15,928 $66,185 7 $0 $50,952 $593 $0 $16,724 $68,269 8 $0 $52,226 $641 $0 $17,561 $70,428 9 $0 $53,531 $693 $0 $18,439 $72,664

10 $0 $54,870 $750 $0 $19,361 $74,980

Total $216,028 $488,761 $5,406 $0 $156,972 $867,166

Property tax collections:

Property Tax Collections on:

New Residential The Facility's Total

Year Property Property Collections

1 $771 $23,461 $24,232

2 $847 $23,930 $24,777

3 $988 $24,409 $25,396

4 $1,322 $24,897 $26,219

5 $1,413 $25,395 $26,808

6 $1,441 $25,903 $27,344

7 $1,470 $26,421 $27,891

8 $1,499 $26,949 $28,449

9 $1,529 $27,488 $29,017

10 $1,560 $28,038 $29,598

Total $12,841 $256,890 $269,731

Page 38

Costs and Benefits for Washburn University- Continued

Total Benefits for Washburn University:

Total Cumulative

Year Benefits Benefits

1 $293,577 $293,577 2 $83,316 $376,894 3 $85,749 $462,642 4 $88,449 $551,091 5 $90,981 $642,072

6 $93,529 $735,602 7 $96,160 $831,762 8 $98,876 $930,638 9 $101,681 $1,032,319

10 $104,578 $1,136,897

Total $1,136,897

Page 39

Benefits for Topeka & Shawnee County Public Library

Property tax collections:

Property Tax Collections on:

New Residential The Facility's Total Cumulative

Year Property Property Collections Collections

1 $2,273 $0 $2,273 $2,273

2 $2,497 $0 $2,497 $4,771

3 $2,911 $0 $2,911 $7,682

4 $3,897 $0 $3,897 $11,579

5 $4,165 $0 $4,165 $15,744

6 $4,248 $0 $4,248 $19,992

7 $4,333 $0 $4,333 $24,324

8 $4,419 $0 $4,419 $28,744

9 $4,508 $0 $4,508 $33,252

10 $4,598 $0 $4,598 $37,850

Total $37,850 $0 $37,850

Page 40

Costs and Benefits for the State of Kansas

Benefits:

Sales tax collections on spending:

Local Direct and

Spending by Indirect Taxable The Facility's

Construction Workers' Visitors' Sales at the Local

Year Workers Spending Spending Facility Purchases Total

1 $1,761,455 $329,963 $3,021 $0 $101,760 $2,196,199 2 $0 $367,202 $3,267 $0 $106,848 $477,317 3 $0 $376,382 $3,533 $0 $112,190 $492,106 4 $0 $385,791 $3,821 $0 $117,800 $507,413 5 $0 $395,436 $4,133 $0 $123,690 $523,259 6 $0 $405,322 $4,470 $0 $129,874 $539,666 7 $0 $415,455 $4,834 $0 $136,368 $556,657 8 $0 $425,841 $5,228 $0 $143,187 $574,256 9 $0 $436,487 $5,654 $0 $150,346 $592,487

10 $0 $447,399 $6,115 $0 $157,863 $611,378

Total $1,761,455 $3,985,278 $44,077 $0 $1,279,926 $7,070,736

Property tax collections on:

New Residential The Firm's

Year Property Property Total

1 $349 $0 $349 2 $383 $0 $383 3 $446 $0 $446 4 $598 $0 $598 5 $639 $0 $639 6 $651 $0 $651 7 $664 $0 $664 8 $678 $0 $678 9 $691 $0 $691

10 $705 $0 $705

Total $5,803 $0 $5,803

Page 41

-------------- -----------------,

Costs and benefits for the State of Kansas- Continued

Transit guest taxes collected from visitors, other taxes and user fees

collected from new residents to the state and from new workers:

Other Other Personal

Taxes and Taxes and Income Corporate

Transit User Fees User Fees Taxes from Income

Guest from New from New New Taxes from Total Other

Year Taxes Residents Workers Workers the Firm Revenues

1 $1,500 $20,050 $277,091 $660,303 $0 $958,944

2 $1,622 $22,403 $309,603 $734,823 $0 $1,068,450

3 $1,754 $26,363 $364,342 $753,194 $0 $1,145,653

4 $1,897 $35,295 $487,778 $772,023 $0 $1,296,994

5 $2,052 $38,661 $534,298 $791,324 $0 $1,366,336

6 $2,219 $39,821 $550,327 $811,107 $0 $1,403,475

7 $2,400 $41,016 $566,837 $831,385 $0 $1,441,638

8 $2,596 $42,246 $583,842 $852,169 $0 $1,480,854

9 $2,807 $43,514 $601,357 $873,474 $0 $1,521,152

10 $3,036 $44,819 $619,398 $895,311 $0 $1,562,564

Total $21,885 $354,188 $4,894,873 $7,975,113 $0 $5,270,946

Costs:

The costs of providing services to new residents, new students and the facility:

Cost of Cost of Cost of

Services to Services to Services to

New New to the

Year Residents Students Firm Total Costs

1 $27,709 $219,415 $220,550 $467,674

2 $30,960 $245,160 $246,428 $522,547

3 $36,434 $288,505 $289,997 $614,936

4 $48,778 $386,248 $388,246 $823,272

5 $53,430 $423,085 $425,274 $901,789

6 $55,033 $435,778 $438,032 $928,842

7 $56,684 $448,851 $451,173 $956,708

8 $58,384 $462,317 $464,708 $985,409

9 $60,136 $476,186 $478,649 $1,014,971

10 $61,940 $490,472 $493,009 $1,045,420

Total $489,487 $3,876,017 $3,896,064 $8,261,568

Page 42

,·,,

Net Benefits for the State of Kansas:

Net Cumulative Year Benefits Costs Benefits Net Benefits

1 $3,155,492 $467,674 $2,687,817 $2,687,817 2 $1,546,150 $522,547 $1,023,603 $3,711,420 3 $1,638,205 $614,936 $1,023,269 $4,734,689 4 $1,805,004 $823,272 $981,732 $5,716,422 5 $1,890,233 $901,789 $988,444 $6,704,866 6 $1,943,792 $928,842 $1,014,950 $7,719,816 7 $1,998,959 $956,708 $1,042,252 $8,762,067 8 $2,055,787 $985,409 $1,070,378 $9,832,445 9 $2,114,330 $1,014,971 $1,099,359 $10,931,805

10 $2,174,646 $1,045,420 $1,129,226 $12,061,031

Total $20,322,599 $8,261,568 $12,061,031

Page 43

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS

NOTICE OF HEARING (Pursuant to Home Rule Resolution HR2002-9 Section 18)

TO WHOM IT MAY CONCERN:

PUBLIC NOTICE IS HEREBY GIVEN for a hearing on an application for property tax

exemption for Mars Chocolate North America, LLC.

Said hearing will be heard by the Board of County Commissioners of the County of

Shawnee, Kansas on the 2nd day of April, 2015, at 9:00 a.m., or as soon thereafter as the

same can be heard in the chambers of the County Commission in the Shawnee County

Courthouse, 200 Southeast 7th Street, Room 811, Topeka, Kansas, at which time and place all

interested persons may appear and be heard.

Noh/eco devos/dc

The Topeka Metro News PO Box 1794 Topeka, KS 6660"1-1794 (785) 232-8600

SHAWNEE COUNTY CLERX 200 SE 7TE STREET RM 107 TOPEKA KS 66603-3963

Proof of Publication STATE OF KANSAS, SHAWNEE COUNTY, SS; Pam Rogers, of lawful age, being first duly swam, deposes and says that she is Legal Notices Billing Clerk tor The Topeka Metro News which is a newspaper printed in the State of Kansas, published in and of general paid circulation on a weekly, monthly or yearly basis in Shawnee County, Kansas, is not a trade, religious or fraternal publication, is published at least weekly fifty (50) times a year, has been so published continuously and uninterrupted in said County and State tor a period of more than one year prior to the first publication of the notice attached, and has been entered at the post office as Periodicals Class mail matter. That a notice was published in all editions of the regular and entire issue tor the following subject matter (also identified by the following case number, if any)

tor _L consecutive week(s), as follows:

BEARING - PROPERTY TAX EXEMPTION FOR MARS CHOCOLATE NORTE AMERICA 3/23/15

O~erg-~ Legal Notices Billing Clerk ./1'

u Subscribed and swam to before me on this date:

March 23, 2015

hr1rts ~vu-c1 r

I PENNY KNiGHT I I Notary Pubiic.State of Kansas I 1 My Appt. Expires: Dec. 31, 20i~

Publication Fees: $13 .. 68

- NO;r.fCE OE:IiiEi~Ui!JNEiL-:"-~ - : __ Fir:st published· in The Topeka.Metro·J\leWS:,-Mondey, March 23., 20,1:5.. -

BEFORE THE BOARD-OF COUNTY -COMMISSIONERS OFTHE·COUNTY'OF SHAWNEE; ICANSAS -.. ' .NQTICEQFHEARING-- - - .

(Pursuant-to :f'lome:Rule F.lesolution.HR2D02-ll Section 1'8) TO WHOM ITMA.Y COiiiCEliUll: . •

PUBUC N011Cf::,JS HEREBY -GillEN .lor a bea!:jng an an applicationior property tax exemp!ion.fortilllllS Chocolate Nortb America, tat:. __ ·" -· · -

Said:heariag-willbe·heani:bythe Soard!OfCOunty Com­missione~-Ottbe:Co_unty afShawnee, Kansas on '!he 2lJQ day of &!!il, 2015, at~ or'as.soon.1berea1ter-as.tbe same•can-be beard ' in the c:liambers at the eoi:mty·commissioi.l in.tbe :Shawnee County Col:llthoi!!Se,,2DO.SolrtAeastJ:tb Street;..F.Ioom>B1;!. Topek.a,,JCansas, at. wbic:J:rtime :and place afi.ir:rtat!!StSd persoas may appeacamd .be l:lear:d: -Is! Cynthia A Beok, Shawnee·County·Clari;: 3123

L53508

Shawnee County

Office of County Counselor RICHARD V. ECKERT County Counselor

Shawnee County Courthouse 200 SE 7th St., Ste. 100

Topeka, Kansas 66603-3932 (785) 233-8200 Ext. 4042

Fax (785) 291-4902

MEMOR_t\.NDUM

TO:

FROM:

DATE:

RE:

Board of Shawnee County Commissioners

March 16, 2015

Administrative Review Committee Report and Request for Public Hearing to Consider a Tax Exemption for Mars Chocolate North America, LLC

Please place this item for consideration on the agenda for the Thursday, March 19, 2015 public meeting.

The Administrative Review Committee requests that the following actions be taken by the Board of Shawnee County Commissioners: .

.::f. 1)

.Jp 2)

That the attached report of the Administrative Review Committee, dated March 16, 2015 be accepted; and

That the tax exemption requested by Mars Chocolate North America, LLC be scheduled for a public hearing on April 2, 2015.

If you have any questions or concerns about these requests prior to the meeting, please feel free to contact Richard Eckert or myself at extension 4042.

JMC/mlb

c: Mr. Richard V. Eckert, Shawnee County Counselor Ms. Cynthia A. Beck, Shawnee County Clerk

Shawnee County

Office of County Counselor RICHARD V. ECKERT County Counselor

Shawnee County Courthouse 200 SE 7th St., Ste. 100

Topeka, Kansas 66603-3932 (785) 233-8200 Ext. 4042

Fax (785) 291-4902

:MEMORA-NDUM

TO:

FROM:

Board of Shawnee County Commissioners ;;) ~

James M Crow~ Administrative Review Committee Chair 9 "'/' ~ March 16, 2015 DATE:

RE: Administrative Review Committee Report- Mars Chocolate North America, LLC

In accordance with Shawnee County Home Ru1e Resolution No. HR-2002-9, an Administrative Review Committee met on March 4, 2015 to review the tax exemption application submitted by Mars Chocolate North America, LLC (Mars). The following members of the Committee attended the meeting:

James M. Crowl, Chair-Board Designee Richard V. Eckert-County Counselor Diana Martin-Deputy Shawnee County Clerk as Cyndi Beck, County Clerk's designee Brandon K.aufmann-Chief Fiscal Officer, City of Topeka Brenda Dietrich-Superintendent, USD 4 3 7 Also attending: Cindy Harper-Deputy Shawnee County Clerk Bruce Stiles-Executive Director of Business Services, USD 437

The Committee reviewed Mars' application. The Committee concluded that the proposed exemption wou1d benefit the community.

Mr. Eckert moved to recommend to the Board of Shawnee County Commissioners a 100%, ten (1 0) year tax exemption on real property as requested in Mars' application. Mr. Kaufmann seconded the motion. The Committee voted unanimously in favor of the motion.

The Administrative Review Committee's recommendation is that the Board of County Commissioners of the County of Shawnee, Kansas grant an economic development tax exemption for the Mars Chocolate North America, LLC confectionary production facility as outlined in its application dated December 18, 2014.

I would be happy to answer any questions regarding the Committee's recommendation.

JMC/mlb

RESOLUTION NO. 2015-~ A RESOLUTION EXEMPTING CERTAIN PROPERTY OWNED BY MARs CHOCOLATE NORTH

AMERICA, LLC FROM AD V ALOREMTAXATION FOR ECONOMIC DEVELOPMENT PuRPOSES, PURSUANT TO SBA WNEE COUNTY HOME RULE RESOLUTION No. HR-2002-9

SPONSORED BY COMMISSIONER COOK

WHEREAS, The Board of County Commissioners of the County of Shawnee, Kansas

adopted a Statement of Policy and Procedure for Tax Exemptions and Incentives for

Economic Development by Shawnee County Home Ru1e Resolution No. HR-2002-9; and

WHEREAS, The Board of County Commissioners of the County of Shawnee, Kansas

has determined that the application by Mars Chocolate North America, LLC (hereinafter,

"Mars") for exemption from ad valorem property taxation pursuant to Article 11, Section 13

of the Kansas Constitution and Shawnee County Home Rule Resolution No. HR-2002-9

should be considered favorably;

NOW, THEREFORE, The Board of County Commissioners of the County of

Shawnee, Kansas, meeting in regu1ar session this 2nd day of April, 2015, does hereby resolve

as follows:

1. Shawnee County has the authority to grant a tax exemption for the applicant

pursuant to Article 11, Section 13 of the Kansas Constitution.

2. Pursuant to K.S.A. 79-251, Shawnee County has adopted a Statement of Policy

and Procedure for Tax Exemptions and Incentives for Economic Development by Shawnee

County Home Ru1e Resolution No. HR-2002-9.

3. The applicant, Mars, requests exemption from ad valorem taxation pursuant to

Article 11, Section 13 of the Kansas Constitution. The section states, in part, the board of

county commissioners of any county may, by resolution, exempt from all ad valorem taxation

all or any portion of the appraised valuation of (1) all buildings, together with the land upon

which such buildings are located, and all eligible tangible personal property associated

therewith used exclusively for the purpose of: (a) Manufacturing articles of commerce; (b)

conducting research and development; or (c) storing goods or commodities which are sold or

traded in interstate commerce.

4. , The subject matter for the tax exemption application consists of certain real

estate and the improvements located therein. Please see Exhibit "A" for a description of the

exempt property that is attached hereto and incorporated by reference herein.

5. Mars' base year for the tax exemption period is 2014. Pursuant to Article 11,

Section 13(b) of the Kansas Constitution, the tax exemption-incentive granted herein shall be

in effect for not more than ten (1 0) calendar years. Since Mars completed the construction of

the property in 2014, its tax exemption-incentive granted herein shall be in effect from the

years 2015 through 2024.

6. Pursuant to Shawnee County Home Ru1e Resolution No. HR-2002-9, the

County hereby grants Mars a tax exemption-incentive for improvements to real estate as

described in paragraphs 4 and 5. For each year Shawnee County grants Mars a tax

exemption-incentive, the exemption-incentive shall be in the amount of one hundred percent

(100%) tax abatement on the real estate and improvements located therein and listed in

Exhibit "A" provided Mars meets all of the following eligibility requirements:

a) The Corporation shall retain and/or create, and maintain at least one hundred seventy five (175) full time or equivalent positions to accommodate the operation of said facilities (hereinafter the "relevant" positions);

2

b) Continuation of original ownership (the exemption-incentive is transferable only upon approval by The Board of County Commissioners of the County of Shawnee, Kansas);

c) Payment of all taxes in a timely manner with no delinquencies;

d) Provide Shawnee County such documentation as the County deems necessary to determine any exemption-incentive application and amount of exemption-incentive; and

e) Pursuant to K.S.A. 79-213 and amendments thereto, file a request for exemption with the Kansas State Court of Tax Appeals and receive the Court ofTax Appeals' Order granting the approval of the exemption.

7. Pursuant to Section 21 of Shawnee County Home Rule Resolution No. HR-

2002-9, the exemption shall be subject to annual renewal. Mars shall submit to Shawnee

County a written request for renewal of the tax exemption-incentive on an annual basis along

with an annual renewal fee of One Hundred and No/100 Dollars ($100.00) by January 15th of

each year. Mars shall submit to the County such information as the County deems necessary

to assure the continued qualification of said business. The County will review and make a

determination on the request by February 1st of each year. A claim of exemption-incentive

must be filed with the Shawnee County Appraiser by March 1st of each year.

8. During the annual renewal process Shawnee County shall determine whether

Mars remains eligible in successive years for the tax exemption granted herein. Mars shall be

entitled to the tax exemption granted herein in each successive year as long as all eligibility

conditions established in paragraph 6 have been met. Failure to meet the eligibility

requirements stated in paragraphs 6 in any one (1) year shall result in no exemption-incentive

being granted for the next renewal year. However, this would not jeopardize eligibility for the

remaining years if the eligibility requirement is subsequently met by Mars.

3

9. If, during the annual renewal process, Shawnee County detennines that any of

the eligibility requirements stated in paragraph 6 have not been met, Mars shall have the

opportunity to present information to Shawnee County regarding (i) casualty, fire, natural

disaster, strike related or disturbances or other similar events or conditions beyond the

reasonable control of Mars, or (ii) abnormal business downturns or losses of customers.

Shawnee County shall have the sole discretion to determine whether any such events or

conditions have occurred and shall relieve Mars from meeting any applicable eligibility

requirement for that renewal year.

10. Pursuant to K.S.A. 79-251(a), Shawnee County has developed and adopted

official policies and procedures for the granting of tax exemptions, known as Shawnee

County Home Rule Resolution No. HR-2002-9. Specifically, said Home Ru1e Resolution No.

HR-2002-9, Section 20, requires the following:

a) Preparation of an analysis of the costs and benefits of each exemption, including the effect of the exemption on state revenues, prior to the granting of such exemption; and

b) Procedure for monitoring the compliance of a business receiving an exemption with any terms or conditions established by the governing body for the granting of the exemption. (Please see Home Rule Resolution No. HR-2002-9, that requires The Board of County Commissioners of the County of Shawnee, Kansas annually review Mars' tax exemption-incentive.)

11. Pursuant to K.S.A. 79-251(b), The Board of County Commissioners of the

County of Shawnee, Kansas held a public hearing on April 2, 2015 on the issue of Mars' tax

exemption for real estate and the improvements located therein. Notice of the public hearing

was published at least once seven (7) days prior to the hearing in The Topeka Metro News

newspaper, and indicated the purpose, time, and place thereof. The Shawnee County Clerk

4

did notify in writing affected taxing jurisdictions within which the property proposed for

exemption is located: Unified School District No. 437 and City of Topeka.

of fact:

12. Pursuant to K.S.A. 79-251(c), Shawnee County adopts the following findings

a) The property listed above will be used exclusively for the purposes specified in Article 11, Section 13 of the Kansas Constitution;

b) The business is not relocating from one county to another within this state; and

c) The exemption-incentive shall be in the amount of one hundred percent (100%) tax abatement of the real estate improvements listed in Exhibit "A" as long as Mars continues to meet the requirements of this resolution.

13. This resolution shall take effect upon its publication in the official County

newspaper.

ATTEST:

BOARD OF COUNTYCOMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Michele A. Buhler, Vice-Chair

Robert E. Archer, Member

Cynthia A. Beck, Shawnee County Clerk

APPROVED AS TO FORM AND LEG LITY BY THE SHAWNEE COUNTY COUNS 'S OFFICE

DATE :J-Jtr(5 BY

5

... . - J'

AUG .. 3 2011

21949?

-;

Shawnee County, Kansas Register of Deeds Marilyn L. Nichols Book:4918 Page:246 Line#: 20110013187 Date Recorded: 08103/2011 08:13:32.000 AM

SPECIAL WARRANTY DEED (KANSAS)

THIS DEED is made as of the .zl!:::.. day of ~ , 2011, by GROWTH ORGANIZATION OF TOPEKNSHAWNEE CO, INC. ("Grantor") and MARS CHOCOLATE NORTH AMERICA, LLC, a Delaware limited liability company ("Grantee"). The mailing address of Grantee is 800 High Street, Hackett.~own, NJ 07840, Attn: Edgar Pew, Esq.

WITNESSETH, THAT GRANTOR, in consideration ofthe sum ofTen Dollars ($10.00) and other good and valuable consideration, to Grantor duly paid (the receipt and sufficiency of which are hereby acknowledged) does by these presents, SELL AND CONVEY to Grantee, all of the Grantor's interest in the real estate being and situate in the County of Shawnee County, State ofKansas, as more particularly described in Exhibit A attached hereto and incorporated herein (the "Property").

TO HAVE AND TO HOLD THE PROPERTY, together with all and singular the tenements, hereditaments ~d appurtenances thereto belonging or in anywise appertaining to Grantee forever. Grantor hereby covenants, promises and agrees to and with the Grantee, that it shall warrant and defend title against all persons or entities lawfully claiming by, through or under grantor, but against none other, subject to easements, covenants, conditions and restrictions of record insofar as they lawfully affect the Property.

GENBUS/805698

lo • I

IN WITNESS WHEREOF,. Grantor bas caused this deed to be executed the day and year first above written.

GRO

By:

RGANIZA TION OF TOPEKA/SHAWNEE COUNTY, INC.

STATE OF

COUNTY OF

) ) ss )

BE IT REMEMBERED, that on this ~ g~ day of ~ 2011, befor Notary Public in and for said County and State, personally pe ~~Z)I. US..£.7'1..cz,..~~~

to me personally known to be e person who ecuted the -::-fo_re_g-om~. -g~instrum--e-nt,-wh--:-o-', being by me duly sworn, did say that he is a':B .4: 4L.J. ICEO>f Growth Organization of Topeka/Shawnee County, Inc., a Kansas corporation, that sind · instrument was signed in behalf of said corporation by authority of its board of directors, and said person acknowledged said instrument to be the free act and deed of said corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

My Commission Expires:

GENBUS/805698

\. •• !

Exhibit A

(Property Legal Description)

All that parcel of land situated in the Southwest and Southeast Quarters of Section 12, the Northwest, Northeast, Southwest and Southeast Quarters of Section 13, all in the Township 13 South, Range 15 East of the 6th Principal Meridian in Shawnee County, Kansas, being more particularly described as follows.

All of Lot 1, Block A, as shown on plat entitled "A FINAL PLAT FOR KANZA FIRE COMMERCE PARK", Sheets 1 through 8, recorded on July 22, 2011, in the Office of the Shawnee County Register of Deeds, Shawnee County, Kansas, in Book 49, Pages 23 through 30 .

....

'\ . '··

GENBUS/805698 A-1

LOT 1, BLOCK A KANZA FIRE COMMERCE PARK

\.

Exhibit B Legal Description and Plat Map

BARTLE~EBT

]][ Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street

Topeka, Kansas 66603-3933

Memorandum

DATE: March 26, 2015

TO: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Renew the Annual Peopleware Agreement with Computer Information Concepts.

The Information Technology department is requesting approval to renew the Annual Peopleware Agreement with Computer Information Concepts for the Tax Administration Solution (TAS) platform. TheTAS platform is used by various departments throughout the county to perform many of the tas.ks involved in tax revenue collection, distribution, and record keeping.

The Peopleware Agreement provides support for the hardware and software elements that comprise the TAS platform. The support includes software updates and enhancements as they become available, assistance with problem resolution for hardware and software elements, and online demonstrations and training sessions. The agreement also defines support hours and contact mechanisms and provides support response time guarantees.

Funding to support this item, $67,400.00, is contained within the Information Technology 2015 budget.

CPO/mro

Bl

fax 785-291-4907 phone 785-233-8200 exl 4030

2843 31st Avenue Greeley, CO 80631 1-800-437-7457

Computer Information Concepts

Bill To: Shawnee County, KS

200 SE 7th Topeka, KS-66604

Ship Via Ship Date Due Date­Terms

ltem/Des~ription

02/22/15 02/01/15

Annual Peopleware Agreement February 1, 2015 - January 31, 2016

Amount Subject to Sales Tax

0.00

Amount Exempt from Sales Tax

67,400.00

INVOICE

Unit

Each

Invoice Number: PSI21688

Invoice. Date: 03/13/15

Ship To: Shawnee County, KS

200 SE 7th Topeka, KS-66604

Customer JD 1210 P.O. Number P.O. Date 02/22/15 Our Order No. SalesPerson

Page: 1

OrderQty Quantity Unit Price

1 1 67,400.00

Subtotal: Invoice Discount:

Sales Tax:

Total Price

67,400.00

67,400.00 0.00 0.00

TotaJ: 67,400.00

•' '

2843 31st Avenue Greeley, CO 80631 1-800-437-7 457 ' '

Computer Information Concepts

The Board of County Commissioners Shawnee County , '200 SE 7th Topeka, Kansas 66603

Dear Commissioner,

March 12, 2015

Please sign both copies of our enclosed Annual Peopleware Agreement (page 6), retaining one . . · (1) copy for your files and returning the remaining copy along with your payment in the amount of$67,400.00 before April15, 2015, to continue accessing Annual PEOPLEWARE via www.cicesp~com or toll free at (800) 43 7-7 457 -

Twenty-Four (24) Hours/Day- Seven (7) Days/Week!!!

"INSTANT Response"- Customers utilizing our "Internet Accessible" Annual PEOPLEW ARE System (APS) to log support calls by "Task Code" -Twenty-Four (24) Hours/Day- Seven (7) Days/Week, may enter their Specific questions and/or concerns in their own words, attach all related screen I report images for further clarification, select priority I maximum response times ofiMMEDIATE, 2, 4 or 8 working hours and receive automatic e-mail updates triggered by every support call action.

1. .APS provides retrieval I displays CIC's resolution documentation for a date range within the same "Task Code" to our staff, providing im'mediate resolution for a high percentage of your support calls along with excellent cross training to prevent related calls in the future.

2. Our APS "Quick Reference" also provides Customers instant access to our most current Web Based Documentation for your specific "Task Code", savingyou valuable ti:J;ne normally spent looking for your current copy ofCIC's manual orthe applicable section, page and paragraph. ·

3. APS enables our Customers to confirm CIC's open support call status (Internet & Telephone), reassignment, escalation and projected resolution date I time plus provide an opportunity for our Customers to add additional information to their original open call(s) at any time.

4. When requested, APS displays a list of current '~People Wires", which describe CIC known prol;>lems i issues communicated to our Customers. If a CIC program temporary fix (PTF) is available, our FTP location and automatic downloading instructions will be provided. Otherwise, CIC's recommended "temporary work around" with instructions can be viewed and printed, along with our current estimated PTF availability.

Pagel of2

5. Finally, using APS, Customers are provided the ability to access their Support Issues, along with all associated Actions and Resolutions, that have been closed :within the past year by "Keyword", Date Range arid/or Reference Number.

"DESKTOP Response l Resolution"- Actiyelyparticipate in resolution ofyour support, enhancement and training issues without the wasted time and expense previously required to travel on-site. Using state of the art web conferencing technology, our technical support staff can. immediately "observe1

' your desktop from our office, significantly reducing the time and effort required to resolve issues and provide just-in time training without the wasted time and expense our competitors still charge for traveling to your location -

"BETTER THAN ON~SITE"!

"ON-DEMAND Response I Resolution"- Access pre-recorded software demonstrations I training sessions, etc, from your standard Internet browser. Available from the

. right side of our home page, ON-DEMAND Response initially provides a listofall sessions currently available. After selecting the demonstration I training session of your choice and entering a password provided by CIC's Resource Development and/or PEOPLEWARE Staff, you may view the selected software demonstration or training session, including audio and video of the presenter and their related presentation materials, white boards, PC desktop, software

. application~, etc. necessary to convey their message. Session player controls including pause, rewind, and fast forward further provide you control over playback for nia.Ximum time management.

"AT.YOUR CONVENIENCE & AS MANY TIMES AS YOU LIKE!"

Finally, our Annual Peopleware Agreement includes all regulatory, user defined and · vendor.enhancements identified, prioritized and approved by our Users during our "free" Annual User Symposium, or as needed during the year by your Enhancement Review Team Representatives~ Although our enhancements are nonnally delivered annually, along with our Task Based, Internet Accessible User Manuals, the actual enhancements to be included and the

· date of each release is also determined by our Users. · While our annual charge for enhancements is also determined and approv~d annually by our Users, CIC further guarantees to deliver any and allState I Federal regulatory enhancements, regardless of cost, without ariy additional charge to our Customers.

Guaranteed Response Time :- Our PEOPLEW ARE and Technical Teams guarantee a maximum of IMMEDIATE 2, 4 or 8 hour response to any questions, problems, etc. encountered during your utilization of our Automation Solutions.

CIC also assumes exclusive responsibility for \)ommunicating and coordinating with all vendors, as may be necessary, in resolving your problems. In summary, CIC's "Total Solution Plan" delivers all three (3) "Wares"; hard, soft. & ·

MCR:ckb Enclosures

PEOPLE--- 24 HOURS I DAY -7 DAYS /WEEK!!!

~·M~~ Me~yna~LRael mclark-rael@cicesp.com · or (800) '437-7457, ext. 157

Page2 of2

Rev. 09/2013 AITACHMENTTO

SHAWNEE COUNTY CONTRACT C. ___ _

CONTRACTUAL PROVISIONS A TIACHMENT 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 __l_s.t day of February 20 15.

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 Willi 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 fimds 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 fqr 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 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 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. RESPONSIBn.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. 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.

VE~~~ By: ~o/lea.:i "· ~AtlTlN

Vice President/CIO Title:

March 26, 2015 Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

ANNUALPEOPLEWAREAGREEMENT

THIS AGREEMENT is made and entered into as ofFebruary 1, 2015, by and between

Computer Information Concepts, Inc. 2843 3P1 Avenue Greeley, Colorado 80631

a Colorado Corporation, hereinafter referred to as "CIC" and

The Board of County Commissioners of the County of Shawnee, Kansas 200 SE 7th Topeka, Kansas 66603

hereinafter referred to as "Customer".

WI1NESSETH:

WHEREAS, CIC has determined to provide Customer access to support, enhancements and training for Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment, hereinafter referred to as "Annual PEOPLEWARE" and additional products and/or services Customer may request in the future, to maintain or enhance Customer's automation environment, hereinafter referred to as "Products I Services"; and

WHEREAS, Customer has elected to purchase CIC's Annual PEOPLEWARE as evidenced on Exhibit A, attached hereto and by this reference made a part hereof, and in the future may purchase additional Products I Services, as will then be evidenced on Exhibit B(s), "SAMPLE" attached hereto and by this reference made a part hereof.

NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree that CIC will deliver Annual PEOPLEWARE to Customer, twenty-four (24) hours/day, seven (7) days/week.

ANNUALPEOPLEWARE

A. Hardware

Maintenance - CIC will assist in problem determination and cooperate with Customer and Customer's maintenance personnel to maximize up time. Although CIC may recommend computer hardware maintenance options, actual agreement execution and resultant costs, remain Customer's responsibility.

Emergency Backup- CIC will provide personnel to assist Customer in locating backup computer hardware; coordinate the temporary relocation of Customer's operating I application systems I data and assist in Customer's emergency processing, at CIC's then current hourly rate.

Page 1 of9

B. Software

Operating Systems - CIC trained personnel will promptly respond I resolve all connectivity and communication questions, problems, etc. encountered in the use of your hardware, operating systems, local area and wide area networks, including hubs, routers, VPN devices, communication lines, etc. and will inform, recommend and assist you in ordering I pre-testing all future operating system releases, enhancements and/or program temporary fixes from CIC's vendors necessary to maintain your hardware at a level supportable by CIC.

Application Systems - CIC develops and maintains a working knowledge of not only the Application Systems, but more importantly, how each of our many features are currently used in your operation, permitting our PEOPLEWARE Team's active participation in recommending procedural changes necessary to increase utilization of our new features and enhancements as they become available. Following initial implementation, CIC will continue to inform, recommend and assist in ordering, providing and pre-testing all new Application System Releases, Enhancements and/or Program Temporary Fixes from CIC's vendors, as necessary, to maintain your software at a level supportable by CIC.

Future Releases I Enhancements I Program Temporary Fixes- CIC will inform, recommend and assist Customer in ordering I pre-testing all future operating or application system releases, enhancements and/or program temporary fixes from CIC and CIC's vendors necessary to maintain Customer at a level supportable by CIC. Actual acquisition and/or on-site installation I implementation costs for such future releases, enhancements and/or program temporary fixes remain Customer's responsibility unless specifically included on Exhibit A.

C. PEOPLEWARE

"INSTANT Response" - Customers utilizing our "Internet Accessible" Annual PEOPLEWARE System (APS) to log support calls by "Task Code" - Twenty-Four (24) Hours/Day­Seven (7) Days/Week, may enter their specific questions and/or concerns in their own words, attach all related screen I report images for further clarification, select priority I maximum response times of IMMEDIATE, 2, 4 or 8 working hours and receive automatic e-mail updates triggered by every support call action.

1. APS provides retrieval I displays CIC's resolution documentation for a date range within the same "Task Code" to our staff, providing immediate resolution for a high percentage of your support calls along with excellent cross training to prevent related calls in the future.

2. Our APS "Quick Reference" also provides Customers instant access to our most current Web Based Documentation for your specific "Task Code", saving you valuable time normally spent looking for your current copy ofCIC's manual or the applicable section, page and paragraph.

3. APS enables our Customers to confirm CIC's open support call status (Internet & Telephone), reassignment, escalation and projected resolution date I time plus provide an opportunity for our Customers to add additional information to their original open call(s) at any time.

4. When requested, APS displays a list of current "People Wires", which describe CIC known problems I issues communicated to our Customers. If a CIC program temporary fix (PTF) is available, our FTP location and automatic downloading instructions will be provided. Otherwise, CIC's recommended "temporary work around" with instructions can be viewed and printed, along with our current estimated PTF availability.

Page 2 of9

5. Finally, using APS, Customers are provided the ability to access their Support Issues, along with all associated Actions and Resolutions, that have been closed within the past year by "Keyword", Date Range and/or Reference Number.

Toll Free Access- CIC will continue to provide Customer with toll free telephone access plus CIC's assistance in entering Customer's questions I concerns and requested maximum response time of2, 4 or 8 working hours into CIC's Annual PEOPLEWARE System.

Support- In summary, CIC will provide the computer hardware, operating and application systems, communication networks and/or other related support necessary to assure Customer's optimum utilization of existing I future functionality regardless of Customer's employee turnover, reassignment and/or future operating or application system releases, enhancements and/or program temporary fixes, by telephone, "DESKTOP Response" and/or "ON-DEMAND Response unless, dependent upon severity, expediency and other pertinent factors, CIC determines to travel to Customer's location.

Training - CIC will also provide the computer hardware, operating and application systems, communication networks and/or other related training necessary to assure Customer's optimum utilization of existing I future functionality regardless of Customer's employee turnover, reassignment and/or future operating or application system releases, enhancements and/or program temporary fixes, at CIC's then current telephone I "DESKTOP Response" I "ON-DEMAND Response" hourly rates or regional workshop I on-site daily rates.

Problem Identification I Vendor Communication - Customer assumes responsibility for identifying probable cause and providing additional information as required, to assist CIC and CIC's vendors in resolving Customer's questions I concerns. CIC assumes exclusive responsibility for communicating and coordinating with all vendors in resolving Customer's questions I concerns.

Products I Services - CIC will maintain the configuration, system I communication schematics, file utilization and staff knowledge necessary to assure the continuing compatibility of any Products I Services purchased from CIC with Customer's existing computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment.

Site Evaluation - CIC will periodically review and discuss Customer's satisfaction with the Annual PEOPLEWARE and Products I Services provided by CIC and CIC's vendors, the effectiveness of Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment and recommend additional Annual PEOPLEW ARE and/or Products I Services for Customer's consideration.

GENERAL

Delivery - Although CIC may assist Customer in purchasing and coordinating the timely delivery and installation of Products I Services from CIC's vendors, CIC shall not be liable for any damages, penalty for delay in delivery and/or failure to give notice of delay when such delay is due to acts of God, delay in transportation, delay in delivery or any other causes beyond the reasonable control of CIC.

Access - Subject to statutory or Customer determined limitations, Customer agrees to permit CIC's employees access to Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment including access to Customer's Internet connection and a telephone, for purposes of performing CIC's obligations under this Agreement.

Page 3 of9

Customer further agrees to make its employees available to CIC at Customer's location to facilitate effective implementation I utilization of Annual PEOPLEWARE and/or Products I Services and understands that failure to do so can result in additional CIC effort I time, which may be billable to Customer.

Non-Disclosure- CIC and Customer acknowledge confidential information considered proprietary by one of the parties may be furnished by it to the other party from time to time in the performance of this Agreement. CIC and Customer agree to not discuss, reveal or provide such confidential information except to the extent disclosure is required by law or by an order of a court of competent jurisdiction.

The parties further agree the proprietary nature of CIC's Annual PEOPLEW ARE procedures and related documentation are of substantial importance and it shall be Customer's obligation to protect said procedures and related documentation from unauthorized disclosure or use and to destroy all such confidential information upon the expiration or termination of this Agreement.

Additional Expenses -All miscellaneous expenses incurred by CIC, i.e., travel, mileage, lodging and meals incurred after July 31, 2014 are additional and will be invoiced at cost and paid monthly to CIC by Customer upon receipt of invoice, unless otherwise stated herein.

Financial Liability- Each party shall be solely responsible for any liability resulting from that party's negligence.

Ownership - Customer will defend and indemnify CIC against any claim or legal proceedings with regard to Customer's proprietary rights to use all computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment. CIC will defend and indemnify Customer against any claim or legal proceedings with regard to CIC's proprietary rights to provide the Annual PEOPLEW ARE and Products I Services delivered in this Agreement subject to CIC's and CIC's respective vendor software license agreements, which CIC shall provide and Customer agrees to sign.

Warranty and Limitation of Remedy- CIC warrants the Products provided hereunder will perform according to the respective vendor's and CIC's published specifications, that any and all such warranties provided by the manufacturers or original vendors shall be passed on and inure to the benefit of the Customer. CIC further warrants the Annual PEOPLEWARE and Products I Services provided under this Agreement will not prevent the Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment from operating and providing the functionality previously available to Customer. The warranty stated herein shall survive during the entire term of this Agreement.

The aforesaid warranty and CIC's obligation and liabilities thereunder are in lieu of, and Customer hereby waives, all other guarantees and warranties and all obligations and liabilities thereunder, expressed or implied arising by law or otherwise, including without limitation any implied warranty of fitness for a particular purpose or of merchantability, and all obligations and liabilities with respect to loss of use, indirect and consequential damages including but not limited to loss of profits or revenue, loss of use of equipment, costs of substitute equipment, or other down-time costs.

Customer agrees CIC's maximum liability will be limited to the EXHIBIT A -ANNUAL PEOPLEW ARE TOTAL CIC received in the most recent year, minus any funds owed or disbursed for support and enhancements.

Page 4 of9

Non-Employment- Independent of any other obligation under this Agreement, CUSTOMER and CIC agree to not intentionally, whether directly or indirectly, whether as an individual for its own account, for or with any other person, firm, corporation, partnership, joint venture, association, organization, or other entity whatsoever, interview or attempt to employ, contract with or otherwise obtain the services of a current or former employee of the other party without such party's approval, for a period of one (1) year after completion of this Agreement. The interviewing company agrees to inform the employee that notification must be made to their current (or past) employer prior to any offer being extended to the individual. This provision is not intended to restrict the civil rights or liberties of any private individual, but to curtail counter productive human resource depletion of one (1) party for the advantages of the other party while both parties have rights and obligations under this Agreement.

Execution I Term- This Agreement is in full force and effect as of the date of execution, for one (1) year from the day and year first above written and shall be considered renewed annually by CIC's issuance of an invoice for this same EXHIBIT A- ANNUAL PEOPLEWARE TOTAL or in subsequent years, CIC' s revised EXHIBIT A -ANNUAL PEOPLEW ARE TOTAL and invoice paid by Customer, within thirty (30) days of each renewal date.

Notwithstanding the foregoing, Customer may terminate this Agreement for cause upon ninety (90) days written notice to CIC and the EXHIBIT A - ANNUAL PEOPLEWARE TOTAL received by CIC in the most recent year, minus any funds owed or disbursed for support and enhancements, prorated through the date of such termination, returned to Customer, providing CIC is given such ninety (90) days to resolve the issues at hand to Customer's satisfaction.

Either party may also terminate this Agreement in writing, at least ninety (90) days prior to each renewal date.

Governing Law - This Agreement constitutes the entire Agreement between the parties, and shall be construed in accordance with the laws of the State of Kansas.

Waiver- The waiver of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default.

Assignment- This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors in interest and not for the benefit of any other person or legal entity.

Although CIC may assign data translation, installation, training, support and enhancement development to its vendors, distributors and/or subcontractors, CIC shall at all times be responsible for their performance.

Entire Agreement - The Agreement and the attachments hereto represent the entire agreement between the parties and shall supersede all existing contracts and/or agreements previously executed between said parties, with respect to the subject matter hereof. All parties have negotiated this Agreement at arms length, and no party shall be deemed as the drafter of the Agreement for purpose of interpreting any potential ambiguities in the Agreement and each provision and Exhibit hereof, may be modified only in writing duly executed by all parties. In the event Customer issues a purchase order or other instrument for the Annual PEOPLEW ARE and/or Products I Services herein specified, it is understood and agreed that such purchase order or other instrument is for the Customer's internal use and purpose only and shall in no way affect any of the terms and conditions of this Agreement.

Page 5 of9

Status - CIC shall be considered an independent contractor, and this Agreement does not constitute or imply that CIC is or will be an employee of Customer.

Insurance- During the term of this Agreement, CIC shall carry and maintain Workmen's Compensation and Employer's Liability Insurance covering its employees in accordance with statutory requirements applicable to the performance of its business.

Subject Headings- The subject headings of the paragraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of its provision.

Severability - In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement shall continue to remain in effect.

Notices- The notices to be given under this Agreement shall be made in writing and shall be sufficient if delivered personally or mailed by First Class United States Mail, postage prepaid, to the other party at the address previously indicated.

The parties hereto have executed this Agreement the day and year first above written.

By: --~~--'----'-a_. _1JZ__,1J;"-'--'V'--)-"""'g:_=-·· -'--- By: ________ _ Computer Information Concepts, Inc. The Board of County Commissioners of the

Page 6 of9

County of Shawnee, Kansas

Approved as to Legality and Form: Date <1--tCf -r r Af~T - = ~[d.:

'"" ·CO. COUNS··wR

EXHIBIT A Page 1 of2

Annual PEOPLEW ARE Agreement by and between Computer Information Concepts, Inc. (CIC) and The Board of County Commissioners of the County of Shawnee, Kansas, dated February 1, 2015

ANNUAL PEOPLEW ARE

$ 0.00 Support- Operating Systems $ .00- Server Farm

"Without an On-Site Full Time Network Technician" $ .00- Personal Computer I Server, Department and/or County File Server(s)

"With an On-Site Full Time Network Technician" $ 750.00- Department I County with Maximum of Six (6) Hardware Devices

"Without an On-Site Full Time Network Technician" $ 1,500.00- Personal Computer I Server or Department File Server

"Without an On-Site Full Time Network Technician" $ 2,500.00- County File Server(s)

"Without an On-Site Full Time Network Technician" CIC trained personnel will promptly respond by telephone, DESKTOP Response and/or ON-DEMAND Response to all connectivity and communication questions, problems, etc. encountered in the use of your hardware, operating systems, local area and wide area networks during operation of the following Application Systems and will inform, recommend and assist you in ordering I pre-testing all future operating system releases, enhancements and/or program temporary fixes from CIC's vendors necessary to maintain your hardware at a level supportable by CIC. On-Site operating system support and installation I configuration of new equipment is additional and will be invoiced in one (1) hour increments at CIC's then current travel & on-site hourly rates plus mileage, lodging and meals at cost and paid monthly to CIC by Customer upon receipt of invoice.

49,065.00 Support- Application Systems

100.00 CIC Custom Programming -Barcode to Personal Property Pro-Rated June 1, 2015- January 31, 2016

6,500.00 CIC Custom Programming- Fidlar Interface with TAS 2,230.00 CIC Custom Programming- Receipts, Refunds and Distribution

Interface with T AS 1,100.00 Escrow of Tax Administration Solution Source Code- One (1)

Deposit per Year - Annual Lease 1,240.00 INSTANT Sharing I Seat- 25 Seats

37,895.00 Tax Administration Solution- Appraisal, Assessment and Collection Modules (Real Estate, Personal Property, Oil, Gas, Severed Minerals, State Assessed Utilities, Intangibles, Special Assessments, Neighborhood Revitalization, 16/20M Trucks and Motor Vehicle, Rental Excise, Antique Auto, RV's, Lienholder & QMAS)

Page 7 of9

EXHIBIT A Page 2 of2

Annual PEOPLEWARE Agreement by and between Computer Information Concepts, Inc. (CIC) and The Board of County Commissioners of the County of Shawnee, Kansas, dated February 1, 2015

ANNUAL PEOPLEW ARE (Continued)

18,335.00 Enhancements- Application Systems

30.00 CIC Custom Programming -Barcode to Personal Property Pro-Rated June 1, 2015- January 31, 2016

1,655.00 CIC Custom Programming- Fidlar Interface with TAS 570.00 CIC Custom Programming- Receipts, Refunds and Distribution

Interface with T AS 16,080.00 Tax Administration Solution- Appraisal, Assessment and Collection

Modules (Real Estate, Personal Property, Oil, Gas, Severed Minerals, State Assessed Utilities, Intangibles, Special Assessments, Neighborhood Revitalization, 16/20M Trucks and Motor Vehicle, Rental Excise, Antique Auto, RV's, Lienholder & QMAS)

___ $_:_0_.0_0_ Annual Peopleware INSTANT Response Support Call Log Credit- Only 58.44%

$67,400.00 ANNUAL PEOPLEWARE TOTAL

Page 8 of9

"SAMPLE"

EXHIBITB#

Annual PEOPLEW ARE Agreement by and between Computer Information Concepts, Inc. (CIC) and The Board of County Commissioners of the County of Shawnee, Kansas, dated February 1, 2015

PRODUCTS I SERVICES TO BE PROVIDED:

Description

TOTAL RETAIL PRICE TOTAL EXHIBIT PRICE

Oty Retail

$x,xxx.xx

Miscellaneous Expenses, i.e.; travel, mileage, lodging, meals, etc., at cost, will be paid by Customer upon receipt of a separate CIC invoice.

SCHEDULED DELIVERY:

Discounted

$x,xxx.xx

It is anticipated the Products I Services will be delivered I provided within thirty (30) days after CIC's receipt of this signed exhibit and your Check or Purchase Order.

ACCEPTANCE I PAYMENT TERMS:

To complete the ordering process, please:

1. Mail a signed copy of this Exhibit along with your Check for the Total Exhibit Price to 2843 31st Avenue, Greely, Colorado 80631

OR

2. Fax a signed copy of this Exhibit along with your Purchase Order for the Total Exhibit Price to (970) 330-0839. Full Payment will then be due and payable upon delivery of the Products I Services.

Failure to execute within twenty (20) days will render this Exhibit null and void.

By_· ---------------------Computer Information Concepts, Inc.

Exhibit Date

Page 9 of9

By: ________________ _

Customer

Acceptance Date

Shawnee County Health Agency 1Y= c.. -l

Leading the Way to a Healthier Shawnee County

March 27, 2015

TO:

FROM:

Board of Commissioners Shawnee County

Alice Weingartner~ Director- Community Health Center

RE: Approval to advertise and fill one vacant and one soon to be vacant Office Assistant II Positions (PCNs HA1176A and PCN HA1178A) in the Shawnee County Health Agency -Community Health Center.

Action requested: Approval to fill two (2) Office Assistant IT (OAIT) positions (PCN HA1176A and PCN HA1178A) in the Shawnee County Health Agency-Community Health Center (SCHA-CHC) and any subsequent positions that result from filling these positions.

SCHA-CHC requests approval to fill these positions, which are vital to patient flow in the clinics. One position is vacant due to resignation and the second will become vacant due to retirement in May. The major responsibilities of these positions include:

• Checking patients in and out for appointments • Obtaining and entering data into the patient management system • Reviewing income documentation • Verifying insurance coverage • Collecting and posting appropriate payment to patient accounts • Addressing patient questions and requests for information

Position 1 Range Step 1 Benefits TOTAL

Effective Date: Department Name: Pay Class: PCN: Job Title: Job Code: Division: Check Distribution: Calendar: FTE Amount~ Salary Inde~J(ey.: Wage: Object Code: PCNCode: Anniversary Date:

$20,696 $11,640 $32,336

To be determined based on approval ofthis request Shawnee County Health Agency 181 HA1176A OA II 51102 HACH HA18 Normal 1 TMCL/512/01 $9.95 50101 1 1 FQ020 1 00% To be determined based on approval of this request

1615 SW 8th Topeka, KS 66606 I 785.251.2000 www .shawneehea lth.org

Annual Leave Accumulation: Starting at 4 hours per pay period and increasing under the regular intervals as prescribed in the Human Resources Policy Manual.

Position 2 Range Step 1 Benefits TOTAL

Effective Date: Department Name: Pay Class: PCN: Job Title: Job Code: Division: Check Distribution:

$20,696 $11,640 $32,336

To be determined based on approval ofthis request Shawnee County Health Agency 181 HA1178A OA II 51102 HACH HA18

Calendar: Normal FTE Amount: 1 Salary Index Key: TMCL/512/0 1 Wage: $9.95 Object Code: 50101 PCN Code: 11 FQOOO 1 00% Anniversary Date: To be determined based on approval of this request Annual Leave Accumulation: Starting at 4 hours per pay period and increasing under the regular intervals as prescribed in the Human Resources Policy Manual.

As an interim step to filling these vacancies, it is proposed that during the time the positions are being advertised and remain vacant, SCHA-CHC will fill the positions through a temporary staffing agency. This will ensure adequate coverage to minimize impact to operations, particularly during vacation times and maternity leave(s).

AW/tnjc Cc: Jonathon Thummel, County Human Resources Director

Kay Morgan, SCHA Personnel/Credential Specialist Tamara Copeland, SCHA Finance Officer Paige Ashley, Outreach and Enrollment Coordinator

I~

Shawnee County Health Agency Local Health Department WIC

Leading the Way to a Healthier Shawnee County

March 27, 2015

TO:

FROM:

RE:

Board of Commissioners Shawnee County

Allison Alejos {A,6_. Director - Local Health Department

Memorandum of Agreement with United Way to serve as fiscal agent for Early Childhood Block grant

Action Requested: Approve Memorandum of Agreement with United Way to serve as fiscal agent for Early Childhood Block grant.

Capital Area Successful Start (CASS) is a collaboration of agencies that work with pregnant and parenting mothers and their children in Shawnee County. The collaboration consists of Shawnee County Health Agency (SCHA), Kansas Children's Service League, TARC, Family Service and Guidance Center, USD 501 Parent's As Teachers, USD 501 Pine Ridge, Community Action, Childcare Aware and Successful Connections.

The CASS collaboration is funded by the Early Childhood Block Grant (ECBG) from the Kansas Children's Cabinet and Trust Fund. The United Way of Greater Topeka has served and desires to continue serving as fiscal agent for the ECBG grant. This MOU allows SCHA to partner with the United Way on the ECBG grant. SCHA's funds from the ECBG grant serve as match for the Outreach, Prevention and Early Intervention Services grant through Kansas Department of Health and Environment.

There is a 10% match for the ECBG grant which is funded by the county in the amount of $18,800.00.

AA/tnjc

Cc: Diane Creek, Family Health Services Division Manager

1615 SW 8th Topeka, KS 66606 I 785.251.2170 www.shawneehealth.org

r: :t.: :~: ::: c~ ... '~·~ ·~.. ' ~-

CC'i'~ Z~.~Cf ,1·:~~f..!Jq:~5 MEMORANDUM OF UNDERSTANDING

Unite(} W~yofGreaterTopeka · · ·· and. · · ·· Shawnee County Health Agency

Introduction Capital Area Successful Start (CASS) is a collaboration of agencies that work with pregnant and parenting mothers and their children in Shawnee County Kansas. The collaboration consists of Kansas Children's Service League, TARC, Family Service and Guidance, USD 501 Parent's As Teachers, USD 501 Pine Ridge, Shawnee County Health Agency Local Health Department, Community Action, Childcare A ware and Successful Connections. The CASS collaboration is funded by the Early Childhood Block Grant from the Kansas Children's Cabinet and Trust Fund. The United Way of Greater Topeka serves as fiscal agent for the grant. All collaboration partners are equally responsible to the ECBG grant requirements.

Based on the Kansas Early Childhood Block (ECBG) grant award from the Kansas Children's Cabinet and Trust Fund to the United Way of Greater Topeka, an agreement to contract with Shawnee County Health Agency Local Health Department is hereby established. This agreement, entered into on this_._ day of , 2015 by and between United Way of Greater Topeka, a not-for-profit corporation organized under the laws ofthe State ofKansas, 1315 Arrowhead Road, Topeka, Kansas, 66604 (hereinafter referred to as United Way) and Shawnee County Health Agency Local Health Department (hereinafter referred to as "Shawnee County Health Agency"), 1615 SW 8th Street, Topeka, Kansas, 66606 is made under the following terms:

Scope of Work

As the fiscal agent, United Way will: • Compile the ECBG grant budget and maintain the approved and binding budget for the

partnership. No other budget other than the approved budget will be valid; • Maintain and keep updated on a monthly basis, all accounting records related to the ECBG

grant. • Provide CASS partnership with at least a quarterly report of the actual expenses and

remaining balance by partner by line item for the grant including all partners. • Compile financial reports and invoice the State of Kansas for funds on behalf ofCASS. • Pay CASS partners based on approved invoices which provide the level of detail as required

by the Kansas Children's Cabinet and Trust Fund. • Develop and submit budget revisions to the State of Kansas based on CASS partners needs

and after CASS partners have approved the budget revision. • Withhold payment on an invoice if the invoiced amount exceeds the budgeted line item

amount by more than 10% or if all of the required documentation is not provided. ··

As part of the CASS partnership, Shawnee County Health Agency will: • Submit financial reports as required by United Way based on reporting requirements from the

Kansas Children's Cabinet and Trust Fund by the lOth of every month. United Way.will make payments to Shawnee County Health Agency after receipt of required reports once they are found to be accurate and within the currently approved budget.

1

• Agree not to exceed by 10%'0fthe··apprhved budget in any Iirle·iteinofthe total amount awarded to Shawnee County Health Agency cumulatively during the grant period. Shawnee County Health Agency cannot invois.~ United Way based on a budget revision that is pending approval.

• Agree to provide United Way br Gr~~tet Topeka with a revis~d budget if: o Shawnee County Health Agency wishes to move more than 10% of their approved

budget line items to other budget line items. Proper docUmentation with an explanation of the move will be required.

o Shawnee County Health Agency wishes to give to or receive funding from another CASS partner.

• Submit program reports to.the ECBG Program Manager as required by the Kansas Children's Cabinet and Trust Fund.

• Complete the required assessments and enter data into the DAISY system as required by the Ka.ilsas Children's Cabinet and Trust Fund.

• Provide services to the community as described in the approved grant scope of work· as approved by the Kansas Children's Cabinet and Trust Fund.

• ShaWI1ee County Health Agency will not incur expenses or obligations assutn:ed in excess of the total amount stated above without the prior written approval of United Way. However, in the event of termination or severability, payments will be only paid through the date of termination or severability. ·

Duration The services covered by this agreement shall extend for a period of twelve (12) months, beginning on January 1, 2015 and continuing through December 31, 2015 and is subject to renewa.lonly by further written agreement.

Costs and Payments The United Way agrees to reimburse Shawnee County Health Agency no more than Shawnee County Health Agency's total budget to cover the costs of all direct labor, supervision, supplies, materials, and· other indirect costs necessary for the execution of the work as specifically set out in Shawnee County Health Agency's proposed budget.

If additional grant funds are available at the end of the grant year the collaboration pBrtners will determine how to divide those funds.

Monthly Financial Reporting Forms should be sent to: invoices@unitedwaytopeka.org Valerie Thieme, Accounting Manager United Way of Greater Topeka

Payments should be sent to: Shawnee Cotinty Health Agency Agency FEIN: 48-6028759 c/o Tamara Copeland 1.615 SW 8th Street Topeka, Kansas, 66606 tamara.copeland@snco.us Phone: 785-251-2131 Fax: 785-2s1-2o9s

2

Warranty United Way agrees that the information provided to Shawnee County Health Agency. under· this. agreement will be reasonably accurate in accordance with scientifically accepted standards. United Way disclaims all warranties including all implied warranties of merchantability and fitness for a particular purpose.

Nature of Relationship United Way shall not act as an agent for Shawnee County Health Agency; nor shall any United Way employee be deemed to be an employee of Shawnee County Health Agency for any purposes whatsoever. Shawnee County Health Agency shall not enter into any agreement nor incur any obligations on behalf of United Way nor commit United Way in any manner without the prior written consent of President/CEO.

Shawnee County Health Agency shall not act as an agent for United Way, nor shall any Shawnee County Health Agency volunteer, employee or intern be deemed to be an employee of United Way for any purposes whatsoever. United Way shall not enter into any obligations on behalf of Shawnee County

. Health Agency nor commit Shawnee County Health Agency in any manner without the prior written consent of Shawnee County Health Agency.

Publicity United Way will not use directly or by implication the name of Shawnee County Health Agency or the name of any employee of Shawnee County Health Agency in any written statein.ents, . information; publicity or advertising of any nature, unless a copy is submitted and written approval of Allison Alejos, director of Shawnee County Health Agency, is obtained prior to the disclosure of any such statement, information, publicity or advertising.

Extension The parties may agree to continue the terms of the agreement beyond the termination date for ,additional periods under terms provided for in writing and approved by both parties. Such an extension must be reached not less than 30 days prior to the expiration date set out in this agreement.

Termination Either party may terminate this agreement provided written notification is received by the other party 30 days prior to the proposed termination date.

Severability If any clause, provision or section of this agreement is held to be illegal or invalid by any court, the invalidity of such clause, provision, or section shall not affect any of the remaining clauses, provisions or sections hereof and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein.

Contractual Provisions a). 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.

b). Agreement with Kansas Law: All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

c). Disclaimer of Liability: Neither Shawnee County Health Agency nor any agency thereof shall hold harmless or indemnify any contractor beyond that liability incurred under the Kansas Tort Claims Act (K.S.A. 75-6101 et. seq.).

3

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

e). Entirety of Agreement: This contact shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

f). Representative's Authority to Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor-and that the contractor agrees to be botind by the provisions thereOf.

In witness whereof, United Way and Shawnee County Health Agency have executed this agreement as of the dates written below.

For Shawnee County Health Agency: Board of County Commissioners, Shawnee County~ Kansas

By: ______________ _ Kevin J. Cook, Chair

~/YJ15 __ .·.· · Date

Date

4

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 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 Wim 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-ll 01 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-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 with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

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

7. ARBITRATION, DAMAGES,. WARRANTIES. Notwithstanding any language to the contrary, no interpretation shall be. allowed to find the County has agreed to 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 AumORITY TO CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

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

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 ~dor or lessor holds title.

\:f/;;~4 G tm I .ftt=S\ck(\ t

Title: ~ "'

..2JLJI\5 Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

April2, 2015

TO:

FROM:

RE:

Shawnee County Health Agency

Board of Commissioners Shawnee County

Allison Alejos ().Jl, Director- Local Health Department

Leading the Way to a Healthier Shawnee County

CONSENT AGENDA- Acknowledge Commissioner Cook's Signature to Participate in Outreach, Prevention and Early Intervention Services Program Funding for the Shawnee County Health Agency

Action Requested: Acknowledgement of Commissioner Cook's signature to participate in Outreach, Prevention and Early Intervention Services program funding for the Shawnee County Health Agency (SCHA) through the Kansas Department of Health and Environment (KDHE).

SCHA programs operating under the Outreach, Prevention and Early Intervention Services program funding are Bright Beginnings Healthy Futures-Nurse Family Partnership and Kansas Children's Service League's Healthy Families.

SCHA requested $180,000 from the Outreach, Prevention and Early Intervention Services program. In order to receive funding from KDHE, SCHA must provide match dollars in the amount of $180,000, which will be paid from the Early Childhood Block Grant. There is no cost to Shawnee County.

AA/tnjc Encl.

Cc: Diane Creek, Family Health Services Division Manager

1615 SW 8th Topeka, KS 66606 I 785.251.2000 www.shawneehealth.org

Shawnee County Health Agency

April 2, 20 15

Kansas Department of Health and Environment Division of Health Care Finance Attn: Contracts Unit/Julie Figgs 900 SW Jackson St., 9th Floor North Topeka, Kansas 66612

Leading the Way to a Healthier Shawnee County

RE: Outreach, Prevention and Early Intervention Services

Dear Ms. Figgs,

The Shawnee County Commission wishes to participate in the Outreach, Prevention and Early Intervention Services program funding through Kansas Department of Health and Environment. The programs that are operating under the Outreach, Prevention and Early Intervention Services program funding are Shawnee County Health Agency's Bright Beginnings Healthy Futures­Nurse Family Partnership program and Kansas Children's Service League's Healthy Families program. The Shawnee County Commission understands that a match is required. The source for matching dollars will be from Early Childhood Block Grant. The Early Childhood Block Grant is funded by Children's Initiative Fund with state tobacco dollars. The Early Childhood Block Grant has adequate funds to provide the $180,000 match for the Bright Beginnings Healthy Futures-Nurse Family Partnership program.

Sincerely,

Kevin J. Cook, Chair County Commissioner, Shawnee County, Kansas

1615 SW 8th Topeka, KS 66606 I 785.251.2000 www .shawneehea lth.org

a SHAWNEE COUNTY

SHAWNEE COUNTY

PARKS & RECREATION JOHN E. KNIGHT

DIRECTOR 3137 SE 29TH ST.

PARKS~RECREATION TOPEKA, Ks 66605-1885

(785) 251-2600 john.knight@snco.us

March 30, 2015

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Directo;\ Parks & Recreation ry Request for Proposal - Construction of Sound Wall at Old Prairie Town at Historic Ward-Meade Site

Board of Commissioners approval is requested to allow the Parks and Recreation Department to solicit Requests for Proposals (RFPs) for Design-Build services for construction of a sound wall at Old Prairie Town at Historic Ward-Meade Site. Section 25-64 of the Shawnee County Code details the procurement procedures for Design-Build services. The "design-build" process is one in which both the design and construction ofthe project are procured from a single entity.

Old Prairie Town is a historic site that has a significant regional impact on tourism for the Topeka and Shawnee County area. Surveys have shown that a tourist's number one interest is to visit an old Kansas town. Tourists visiting Topeka want to learn about the history and culture of early Kansas. Old Prairie Town helps to meet this desire and has shown growth in the number of visitors to the site.

The Ward-Meade house and surrounding five (5) acres were sold to the City of Topeka in the 1960s as a garden center. In 1976, after being placed on the National Historic Register, the house became a Bicentennial project of the Junior League of Topeka. Restoration ofthe exterior and three (3) main rooms of the first floor of the house were financed by private, state and federal funds. The work was completed and the house was opened to the public for seasonal tours as part of Topeka's Bicentennial celebration. A volunteer board of directors, Historic Topeka Inc., was established to oversee the project. The Board was actively involved in fundraising for the park until1985. In 1984, a plan was developed by this group ofvolunteers to establish a historic prairie town at the site. That plan was approved by Parks and Recreation of Topeka and the City Commission a year later.

Shawnee County acquired the site when the City of Topeka and Shawnee County merged their Parks and Recreation Departments in January of 2012. Shawnee County Parks and Recreation maintains both the Old Prairie Town and the botanical garden. In 2012, Old Prairie Town at

Ward-Meade Historic Site was listed as one of the "Best of the Road" by USA Today & Rand McNally, showcasing some of the best places in America. In 2013, Old Prairie Town received national recognition from the National Association of County Parks and Recreation Officials in the Historical/Cultural Facility category. The Historical/Cultural Facility Award is given to recognize a unique facility development dedicated to historical or cultural preservation, use, programming, and/or interpretation.

Staff, with the intention of reinvigorating the volunteer commitment, formed the Friends of Ward-Meade (FOWM) organization. The FOWM is a part of the Shawnee County Parks & Recreation Foundation. FOWM developed a master improvement plan for the entire park. In addition to the master improvement plan, an important goal of this group is to help maintain, improve and promote the quality of the Old Prairie Town at Historic Ward-Meade Site. Goals for FOWM are: 1. Solicit and coordinate a fundraising process designed to fully fund the FOWM Endowment in 7 to 10 years. FOWM will maintain the John Nelson-Meade Endowment account with a goal of $100,000 as well as any additional funds deemed necessary by the organization to maintain, improve and promote the quality of the Old Prairie Town at Historic Ward-Meade Site. 2. Solicit, develop and coordinate volunteers from the community to assist with ongoing operations of the Old Prairie Town Site. FOWM will identify individuals and groups to assist with the day-to-day maintenance, development and upkeep of the site. 3. FOWM will develop and coordinate volunteer efforts to increase the public experience while at the site; i.e. such as guided tours, educational programs for youth, etc.

This master improvement plan determined that for Old Prairie Town at Historic Ward-Meade Site to reach its full potential and maximize its revenue producing capabilities, it needed two (2) important improvements: -A sound wall is needed to improve the experience and usage of the park. -Construction of a new large indoor facility that can house large groups and indoor events. Currently Old Prairie Town generates revenue through tours, meals, wedding rentals, special events and other programs.

The cost of this project is estimated to be approximately $210,000. On March 24, 2015 the Executive Committee of the Shawnee County Parks & Recreation Foundation approved the request of FOWM to provide a minimum of 50% of the project cost for the sound wall. After consultation with Audit-Finance Director Betty Greiner, the funding source for the County's participation is Certificates of Deposits (COP). This request is to solicit RFPs for Design-Build services only. Subsequent requests for approval of a contract for Design-Build services and a detailed project budget will likely follow. Staff expects revenues to the county to increase from increased usage at events, programs and weddings.

JEK/lk

a SHAWNEE COUNTY

PARKS~RECREATION

March 30,2015

To:

From:

Board of Commissioners Shawnee County

John E. Knight, DirectoJ.­Parks & Recreation

J}[ D 'Z-SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR

3137 SE 29TH ST. TOPEKA, Ks 66605-1885

(785) 251-2600 j ohn.knight@snco. us

Re: Agreement-Operation and Management ofKossover Tennis Complex

Board of Commissioners approval is requested on the attached Agreement for the operation, and management of the Kossover Tennis Center between Ryan Marick d/b/a The Wooden Racquet and Shawnee County. On December 1, 2014, the Board of Commissioners approved the solicitations of Request for Proposals (RFP) for the services.

The original contract was executed in early 2002 and was an agreement between the City of Topeka, Contract 31726, and the Wood Valley Racquet Club & Fitness Center. Renewals ofthe agreement were executed in 2008 and 2011 by the City of Topeka. Upon the merger of the city and county's Parks & Recreation departments, the City was changed to the County as all existing agreements were assumed by the County per the merger agreement. The agreement expired in December of 2013 and the parties have worked on a month-to-month agreement through 2014. The original agreement provided for the City to pay $35,000 to Wood Valley Racquet Club & Fitness Center to work with the Topeka Tennis Association and to manage the Kossover Tennis Center and had not changed from inception. Kossover Tennis Center is located on land that was acquired through cooperation with the federal government's "Legacy of Parks" legislation, whereby the City of Topeka acquired land used previously by the United States Government. The City of Topeka's now Shawnee County's use of this property is restricted by a Program of Utilization (POU) implemented many years ago for the property. The tennis facility is an integral part of the POU and any changes to this use requires the POU to be amended and approved by the National Park Service (NPS).

Two (2) responses to the RFP were received; Genesis Health Club, and Ryan Marick. After discussions with both parties, staff recommends approval of the attached Agreement with Ryan Marick d/b/a The Wooden Racquet. The Wooden Racquet will offer professional tennis lessons and management of the facility, programs and complex. The cost to the County for this Agreement will be $38,000 annually and payment of the utilities at the site.

JEK/gcl RL

Attachment

SHAWNEE COUNTY CONTRACT NO. C-llQ...-2015

AGREEMENT WITH RYAN MARICK DBA THE WOODEN RACQUET FOR MANAGEMENT OF THE KOSSOVER TENNIS COMPLEX

THIS AGREEMENT is made and entered into effective the __ _ day of

-----~-' 2015, by and between THE BOARD OF COUNTY COMMISSIONERS OF

THE COUNTY OF SHAWNEE, KANSAS {COUNTY), and Ryan Marick dba The Wooden

Racquet, (MANAGER). The parties hereby agree as follows:

WHEREAS, the County is the owner of the Kossover Tennis Center, and other

public facilities therein; and

WHEREAS, the parties desire to enter into this Agreement for the management of

the Kossover Tennis Center by Manager;

NOW, THEREFORE, for the reasons set forth above, and in consideration of the

mutual covenants and agreements hereinafter set forth, the County agrees to allow Manager

to operate the Kossover Tennis Center in accordance with the terms and conditions contained

herein.

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

land comprising the Kossover Tennis Center (hereinafter referred to as "Premises"),

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

herein assigned in a business-like, careful, clean, and safe manner for the sole purpose of

operating a tennis complex in strict accordance with all terms and conditions herein. Written

approval by the County shall be required for any other proposed use in addition to those

specified above.

3. TERM. This Agreement shall commence on upon execution of this

Agreement and shall expire on March 31, 2016, unless sooner terminated as provided herein.

4. RENEWAL. The parties may mutually agree to renew this Agreement for one

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

time.

5. MANAGER'S RESPONSIBILITIES.

a) In partnership with the County, agree to operate the County's tennis program.

Included in this program would be: Tennis Lessons & Clinics, Tennis Camps,

Tournaments, Pro Shop and rentals.

b) Provide computer and internet services for Manager's use.

c) The Manager will staff the facility part-time from Aprill to the end of

Memorial Day Weekend (M-F, 4:00pm-8:00pm) and Saturdays, (8:30am-

4:00pm) and Sunday (noon-4:00pm). Full-time from Memorial Day Weekend

-August 18th (M-F, 8:30am-8:00pm), Saturdays (8:30am-4:00pm) and

Sundays (noon-4:00pm). Part-time August 18- October 18 (M-F, 4:00pm

-8:00pm), Saturdays (8:30am-4:00pm), and Sundays (noon-4:00pm). Should

the County extend these hours, additional compensation will be negotiated.

d) Manager will open the gates and restrooms by 7:00am and lock them by

1 0:30pm on all days with a forecasted high temperature above 50 degrees (F).

e) Manager agrees to maintain the Kossover Tennis Center to the maintenance

standards called out in the 2014 Parks & Recreation Master Plan. See #6

f) Marketing of the activities of the complex. All such marketing and

advertisements must be approved by the County in advance.

g) Manager will provide the County a detailed monthly report which includes all

money transactions (revenue and expenses), attendance, Topeka Tennis

Association usage and other court usage. Such reports shall be in a form

2

approved by the County and received no later than the 7th of each month. If

the ih falls on a weekend day, the report shall be received the Friday

immediately preceding the 7th.

h) Work with other organizations to promote tennis for the Topeka community.

i) Work with other venues to provide indoor courts when needed.

j) Hang all windscreens.

6. MAINTENANCE STANDARDS: Pro Shop, Hard Surface Areas and Litter

Control Floors swept, cleaned and mopped daily. Spills/soiling addressed immediately.

Windows are to be cleaned inside once weekly; outside once bi-weekly. Dusting/dust

removal to be accomplished daily on furniture, wall hangings etc. Trash and litter removed

daily or as necessary. Restrooms should be cleaned, sanitized, and stocked daily, or as

necessary. During Tournaments, restrooms must be checked hourly and maintained as

necessary. Drinking fountains cleaned daily or as necessary. Remove debris and glass

immediately upon discovery. Remove sand, dirt, and organic debris from walks and hard

court surfaces daily. Remove trip hazards from pedestrian areas immediately upon

discovery.

7. PERSONAL PROPERTY. Manager shall have the use of such existing personal

property owned by the County that may be currently located on the Premises. Manager

agrees to exercise general supervision and responsibility for the proper use and care of such

County-owned property. Manager shall be allowed to acquire and utilize its own personal

property as necessary for the proper discharge of its duties herein. All personal property on

the premises being utilized by the Manager under this Agreement, regardless of ownership,

shall be the responsibility of the Manager. The County shall not be liable for any damage,

/-either to person or property, sustained by the Manager or other persons due to the Premises

3

or any part appurtenance thereof, or the machinery or appliances used in connection

therewith, becoming out of rep~ir or in defective condition; or arising from the bursting or

leaking of water, gas, sewer, or steam pipes; or from any acts of negligence of the Manager,

its employees or agents, other users of the Premises or any other person; or any accident or

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

agrees to provide the County with inventories of the County's and Manager's equipment,

inventory, and personal property on hand or ordered within thirty (30) days of execution and

termination of this Agreement. During the term of this Agreement, Manager shall list

changes to inventory as part of the Monthly Income/Expense Report.

8. GENERAL LIABILITY INSURANCE. Manager agrees, at its expense, to procure

and maintain comprehensive general liability insurance with a responsible company or

companies authorized to do business in the State of Kansas, in amounts not less than One

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

damage limits of One Million and No/100 Dollars ($1,000,000.00). Said insurance shall

protect the County and the Manager against all claims, damages, costs, or expenses on

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

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

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

for thirty (30) days notice to the County before material alteration or cancellation, shall be

delivered to the County prior to the beginning date of the term of this Agreement and by

January 15th of each successive year of this Agreement.

9. WORKERS' COMPENSATION INSURANCE. Manager agrees to provide

Workers' Compensation Insurance and to hold and save the County harmless from any and

all claims, settlements, judgments (to include reasonable investigative fees, attorney's fees,

4

suit and court costs), and personal injury and/or death benefits to his agent, servants, and

employees pursuant to the Kansas Workers' Compensation Act. Certified copies of said

policies, naming the County as an additional insured and providing for thirty (30) days notice

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

to the beginning date of the term of this Agreement and by January 15th of each successive

year of this Agreement.

10. SALES TAX. Manager agrees to timely pay all sales tax, and all taxes,

assessments, or other public charges levied or assessed by lawful authority (but reasonably

preserving the Manager's rights of appeal) against the personal property of the Manager on

the Premises, during the term of this Agreement.

11. MONTHLY INCOME/EXPENSE REPORTS. Manager agrees to submit separate

monthly reports to the County listing gross receipts and identifying all sources of receipts at

the premises and showing all expenditures, including any and all necessary expenses as a

result of said particular operations. Such reports shall be in a form approved by the County

and received no later than the 7th of each month. If the 7th falls on a weekend day, the report

shall be received the Friday immediately preceding the 7th.

12. MANAGER'S RECORDS/ ANNUAL AUDIT. With respect to all matters covered

by this Agreement, Manager's records and documents shall be subject to review or audit by

the County. Manager agrees to submit to the County, upon request, a separate audited

financial statement for the operation for the preceding year ending December 31st, including

a balance sheet, an income statement, and a statement of changes in financial position. Such

report shall be prepared by a company chosen by the County, showing all necessary

operating expenses and showing, specifically, net operation income for each particular

operation and shall include the auditor's opinion and related footnotes.

5

Pursuant to the Kansas Open Records Act, information or documents received from Manager

may be open to public inspection and copying. The County has a legal obligation to disclose

such information unless a particular record is made confidential by law. Manager may label

specific parts of an individual document as a "trade secret" or "confidential", provided that

Manager thereby agrees to indemnify and defend the County for honoring such a designation.

The failure to so label any document that is released by the County shall constitute a

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

13. LICENSES AND PERMITS. All necessary licenses and permits to operate the

tennis complex must be obtained from the appropriate offices before operation may begin.

All licenses and permits are subject to safety, health, and fire inspections.

14. COUNTY'S RESPONSIBILITIES.

a) Utilities. The County shall furnish a reasonable amount of water, gas,

electricity and telephone.

b) Trash Removal. The County will provide trash removal service at its

expense. The County will empty the trash dumpsters on a regular

schedule and will provide additional pick up if contacted by the

Manager.

c) Ice machine. The County will furnish an ice machine for up to seven

(7) months annually.

d) Maintenance. The County will mow inside and outside of the

Premises.

15. REVENUE SOURCES. The Manager shall retain and report all revenues from:

a) Tennis Lessons. All tennis lessons offered on the Premises.

b) Tennis Camps.

6

c) Pro Shop Sales. This includes racquets, balls, concessions, daily

courts, rentals and special events.

d) Tournaments

16. Compensation.

The County agrees to pay the Manager $37,000 per year for the term of this

Agreement. The amount of$3,083.33 will be paid within the first five (5) days of each month

via electronic transfer. In addition to the monthly fee, the County agrees to reimburse the

Manager up to one thousand dollars ($1 ,000.00) for the purpose of purchasing court supplies

each year during the term of this Agreement. Manager shall provide invoices to the County

documenting each purchase made pursuant to this provision.

17. NoN-DISCRIMINATION. The County and Manager agree to comply with all

Federal laws relating to non-discrimination in connection with any use, operation, program,

or activity on or related to the previously described property, including, but not limited to:

. All requirements imposed by or pursuant to the non-discrimination regulations of the United

States Department of the Interior ( 43 C.F .R. Part 17); Title VI of the Civil Rights Act of 1964

( 42 U.S.C. § 2000d-1) which prohibits discrimination on the basis of race, color, or national

origin; The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which

prohibits discrimination on the basis of age; Section 504 of the Rehabilitation Act of 1973, as

amended (29 U.S.C. § 794) which prohibits discrimination ofthe basis of handicap; The

Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151), which requires facilities

located on the property to be accessible to the physically handicapped; and The Americans

with Disabilities Act of 1990 (42 U.S.C. 12181), which requires that no otherwise qualified

handicapped individual shall, solely by reason of his or her handicap, be excluded from

7

participation in, be denied benefits, or be subject to discrimination under any program or

activity receiving Federal Financial Assistance.

18. ALTERATIONS AND IMPROVEMENTS. Manager will obtain prior written

approval from the Director of Shawnee County Parks and Recreation or his/her designee for

any improvements erected at the Premises. Such written approval will not be unreasonably

withheld. All improvements must be constructed, erected, and maintained at the Manager's

expense. All improvements will be constructed and maintained by Manager with due regard

to the safety and welfare of persons at the Premises .

19. MAINTENANCE AND REPAIR. The County will maintain the Premises on a

year-round basis to include road and parking lot repair, snow removal, weed control, grass

cutting, painting and maintaining all structures, keeping all fences in good repair, trash and

leaf removal, and any other reasonable items that County deems necessary to maintain the

overall quality of the Premises in keeping with the surrounding parklands. Manager agrees

to keep the Premises in a clean and sanitary condition at all times in accordance to section 5

of this Agreement. The Premises must be maintained in accordance with all Local, State, and

Federal fire, health, and safety codes and regulations. Requests for specific maintenance

repairs in the facility must be submitted in writing to the County.

20. INSPECTION AREAS. Manager shall allow the Director of Shawnee County

Parks and Recreation, representing the County or his/her designee, at reasonable times upon

notice to inspect any facility operated under this Agreement.

21. INDEMNITY. Manager hereby expressly agrees to indemnify, save and hold

harmless, and defend the County against all fines, claims, damages, losses, judgments, and

expenses arising out of, or from, any omission or activity of such person, organization, its

representatives, or employees.

8

22. ASSIGNMENT AND SUBLETTING. Manager shall not assign this Agreement or

any interest therein, nor let or sublet the said Premises or any part thereof or any right or

privilege appurtenant thereto, nor permit the occupancy or use of any part thereof by any

other person.

23. SURRENDER; WASTE. Manager agrees that upon expiration ofthis

Agreement or earlier termination thereof, it shall surrender the assigned Premises to the

County in the same or similar condition as they were in at the time of execution of this

Agreement, ordinary wear expected. In the event of termination or expiration of this

Agreement, all signage, advertisements, equipment, inventory, or other personal property of

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

purchased from Manager by the County pursuant to the terms of this Agreement. Manager

further agrees that it shall permit no waste nor suffer the same to be committed, nor injure or

misuse the demised Premises.

24. LIENS. Manager shall keep the assigned Premises free from any and all liens

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

during the term of this Agreement or any extension or renewal thereof. Manager may not

obtain ownership of or exclusionary rights in the Premises, improvements, or facilities of the

Park regardless of any financial investment it may make in their development.

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

part of the other party, no matter how long the same may continue, shall not be deemed to be

a waiver by said party of any of said party's rights hereunder. No waiver by any party at any

time, expressed or implied, of any breach of any provision of this Agreement shall be

deemed a waiver of breach of any other provision of this Agreement or a consent to any

subsequent breach of the same or any other provision. If any action by either party shall

9

require the consent and approval of the other party, the other party's consent to or approval

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

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

have under this Agreement, upon any breach, shall be distinct, separate, and cumulative, and

shall not be deemed inconsistent with each other; and no one of them, whether exercised by

said party or not, shall be deemed to be an exclusion of any other.

26. TERMINATION. This Agreement shall terminate upon the occurrence of any of

the following events: Either party unilaterally terminates the Agreement upon thirty (30)

days written notice for any cause whatsoever. Any such notice shall specify the date of

termination. Manager materially violates any provision of the Agreement. The expiration of

the term of this Agreement or any renewal thereof. In the event that this Agreement is

terminated, the County may pay to the Manager a sum agreed to by the parties to this

Agreement for some or all of the Manager's actual costs for Manager's equipment,

inventory, and personal property, which must be documented by invoice and/or delivery

slips. The parties agree to negotiate the value of equipment, inventory, and personal property

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

allowed to expire without renewal, Manager shall not order additional equipment, inventory,

or personal property without the written approval of the County.

27. ACKNOWLEDGMENT. It is expressly understood and agreed that this

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

right to conduct certain activities and provide certain services for the benefit of the public on

the premises.

10

28. NOTICE. Any notice by either party to the other shall be in writing and shall

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

as follows:

County:

John Knight, Director Shawnee County Parks and Recreation 3137 SE 29th Street

Manager:

RyanMarick 5617 sw 17th Topeka, Kansas 66604

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

other party and delivered in accordance with the provisions of this paragraph. This Agreement

shall be administered by the Director ofthe Shawnee County Parks and Recreation and all

documentation required from Manager pursuant to this Agreement shall be delivered to the

Director.

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

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

of the Agreement shall remain in effect and binding upon the parties.

30. INDEPENDENT CO~TRACTOR. It is mutually understood and agreed that

Manager is associated with the County only for the purposes and to the extent specified in this

Agreement, and in respect to performance of the contracted services pursuant to this

Agreement, Manager is and shall be an independent contractor and, subject only to the terms

of this Agreement, shall have the sole right to supervise, manage, operate, control, and direct

performance of the details incident to its duties under this Agreement. Nothing contained in

11

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

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

for the County whatsoever with respect to the indebtedness, liabilities, and obligations of

Manager or any other party. Manager shall be solely responsible for, and the County shall

have no obligation with respect to: (1) withholding of income taxes, FICA, or any other taxes

or fees; (2) insurance coverage; Neither Manager nor its employees, agents, or representatives

shall be considered employees, agents, or representatives of the County. The parties shall

continually evaluate the nature of services and the term of the Agreement negotiated in order

to determine "independent contractor" status, and shall monitor the work relationship

throughout the term of the Agreement to ensure that the independent contractor relationship

remains as such.

31. ENTIRE AGREEMENT. The Contractual Provisions Attachment, which is

attached to this Agreement, is incorporated by reference and made a part of this Agreement.

Together this Agreement and the Contractual Provisions Agreement represents the entire

agreement and understanding between the Manager and the County. No terms, conditions,

course of performance, usage of trade, understandings, or agreements purporting to modify,

supplement, or explain any provision of this Agreement shall be effective unless in writing,

signed by representatives of both parties authorized to amend the Agreement.

12

IN WITNESS WHEREOF, the parties have hereto executed this Agreement as of the

day and year first above written.

MANAGER

The oden Racquet RyanMarick 5637 SW 17th Terrace Topeka, KS 66604

13

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin Cook, Chair

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

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 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. AGBEEMENT 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 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 and fitness for a particular purpose.

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

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

~~ Title: J '/'.

3 50fL_5 Date:~ 1

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

a SHAWNEE COUNTY

PARKS~RECREATION

March 26,2015

TO: Board of County Commissioners Shawnee County, Kansas

FROM: John Knight, Director '\.. Parks & Recreation ..._\"

J[D3 SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR 3137 SE29TH ST.

TOPEKA,KS 66605-1885 (785) 251-2600

john.knight@snco.us

RE: Agreement-Veteran's Administration Compensated Work Therapy Program

Board of Commissioners approval is requested on the attached Agreement with the Colmery­O'Neil Veterans Administration Medical Center and Shawnee County for the Compensated Work Therapy Program. This partnership is a vocational rehabilitation training opportunity for veterans and has been very successful in the past.

These employees will perform miscellaneous maintenance and general cleaning for custodial and/or grounds keeping and will be subject to all rules and regulations that pertain to Shawnee County seasonal or intermittent employees. Parks and Recreation will reimburse the local Office of Veterans Affairs in the amount of $8.25 per hour for each regular hour worked. All taxes, benefits and any work related injuries would be the responsibility ofVeterans Affairs.

The Park and Recreation department seeks to continue partnerships with community organizations and foundations to deliver quality services and events to their residents. The partnership with the Colmery-O'Neil Veterans Administration Medical Center is one of these community partners that helps Shawnee County Parks and Recreation produce and develop quality service to the community. There are sufficient funds in the operating budget of Parks and Recreation for this expense.

JEK/lrk TB Attachment

BETWEEN

DEPARTMENT OF VETERANS AFFAIRS (VA) Veterans Healthcare Administration

COMPENSATED WORK THERAPY (CWT)

AND

THE BOARD OF COUNTY COMMISSIONERS , OF THE COUNTY OF SHAWNEE, KANSAS

3137 SE 29TH STREET TOPEKA, KS 66605

FOR

CWT/TRANSITIONAL WORK (CWT/TW)SERVICES (General Labor Services, Groundskeeping)

This agreement is between the undersigned The Board of County Commissioners of the county of Shawnee, Kansas (herein after called the Business) and the VA Compensated Work Therapy.

1. SCOPE AND OBJECTIVES: CWT will perform the following duties including, but not limited to: miscellaneous maintenance and general cleaning for the custodial crew and general grounds keeping for the grounds cJ<elv. Contact will be Park Db-ector or his designee. Veterans must be appropriately dressed cmd follow all safety rules set by Shawnee County Parks and Recreation. Work hours will generally be 6:30am-3:00pm, M -F but can be set at the discretion of the supervisor. ·

NOTE: Veterans enrolled in the CWT Transitional Work (11fl) program should be considered eligible for competitive employment with the participating company at any time during the TW assignment.

2. TERM OF AGREEMENT: This agreement will commence on or about March 1, 2015 and terminate on or about November 30, 2015. Except for Cancellation, this Agreement

·may only be revised or amended by the mutual written consent of the signatories (or their authorized representatives) to this agreement. The Business and CWT agree to review and/or renegotiate the provisions of this agreement, if appropriate, sixty (60) days prior to the agreement's anniversary date. Notwithstanding the foregoing, either party may terminate the agreement by providing thirty (30) days' notice in writing of such termination.

3. QUALITY ASSURANCE & SUPERVISION: Quality assurance standards will be established and set by the Business. Work site supervision will be provided locally by the Business at the participating site.

4. REIMBURSEMENT: The Business agrees, subject to the conditions specified herein, to reimburse CWT in the amount of $8.25 . per hour worked. Payment will be made Net · 30 days after submission of the bill of collection. The houl'ly rate should be based on the higher of State or Federal Minimum Wage. Changes in State or Federal Minimum Wage will require immediate renegotiating of costs. Overtime will be defined as those hours worked in excess of 40 hours per week, and will be billed at 1.5 times the per hour rate.

NOTE: VA requi1-es the Principal to fitrnish a Dunn and Bradstreet, DUNS Numbe1; prior to entering into a MOA with CWT. For business with companies that have notpreviously worked with CWT, a verifiable credit application and/or financial statement may also be required

5. TOOLS AND EQUIPMENT: The Business will provide tools or equipment required for the completion of the agreement.

6. RISK OF LOSS OF PRIVATE PROPERTY: The United States is only liable for the negligent acts and omissions of Federal employees. Because CWT patients are not Federal employees, the United States cannot be responsible for any damages caused by them during their CWT assignments --

7. MEDICAL TREATMENT: Medical treatment will be provided by the ColmeJy-O'Neil VA facility, should a Veteran in the CWT program become injured while fulfilling the terms of this agreement.

8. DISPUTES: In the event of a dispute the two parties will meet and discuss the issues and anive at an amicable solution.

9. LEGAL AUTHORITY: The authority for this agreement is 38 V.S.C., Section 1718.

PRINCIPAL: BOARD OF COUNTY COMMISSIONERS, SHAWNEE COUNTY, KANSAS

Representative: Kevin Cook

Date: ·

CWT:

Department of Veteran Affairs Representative

Date

F.roJll:

Rev. 09/2013 A TIACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

CONIRACJUAL 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 ..l12__ day of fill a r a..b 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 tenns 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, govemed by, and construed according to the laws of the State ofKansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, KS.A. 10-llOI et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function perfunned 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 (3 0) 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 lk 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; (:t) 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 ccmtract 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.

03/18/2015 15:31 #362 P.002/002

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 ofthe County of Shawnee, Koosas.

7. ARBITRATIQN, 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 represen1s that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILITY FOR TAXES. The County shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matterofthis 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.SA. 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or dan1age to any personal property to which vembr or lessor holds title.

VENDOR/CONTRACTOR:

~ r t'\£..(...:1\ By:

Cw1' Pf~ram Title:

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Date:

ATTEST:

Cynthia A. Beck. Shawnee County Clerk

a SHAWNEE COUNTY

PARKS~RECREATION

March 25, 2015

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Director } Parks & Recreation

Spirit of Kansas Celebration

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR 3137 SE 29TH ST.

TOPEKA, Ks 66605-1885 (785) 251-2600

j ohn.knight@snco. us

Board of Commissioners approval is requested on the attached documents for the Spirit of Kansas Celebration, which will be held on July 4, 2015. Two (2) specific requests of the Board of Commissioners are requested. An Agreement between J&M Displays and Shawnee County for pyrotechnic services and a Resolution for the safe and efficient direction of traffic into and out of Lake Shawnee for the Spirit of Kansas Celebration on July 4, 2015 are attached for your review.

On March 13, 2014, Board of Commissioners approved the solicitation of Request for Proposals for pyrotechnical services for the Spirit of Kansas Celebration. Parks & Recreation received two (2) proposals for this service: J & M Displays and Firestorm Pyrotechnics, Inc. The Executive Committee of the Shawnee County Parks & Recreation Foundation and department staff reviewed the proposals and subsequently recommended J & M Displays to negotiate with for an agreement. Again on March 24,2015 the Executive Committee of the Shawnee County Parks & Recreation Foundation recommended acceptance of the proposal from J & M Displays. J & M Displays has been the pyrotechnical company for the past several years and has put on one of the best shows in Northeast Kansas. The fee for this service is $30,000 and will be paid from the Shawnee County Parks & Recreation Foundation, through the generous financial contribution from the Capitol Federal Foundation and solicitation of other potential sponsors to offset costs not covered by the Capitol Federal Foundation donation. Although the fireworks are entirely paid for by this donation, the Board's approval is necessary because the property is county­owned.

Representatives from Shawnee County Parks & Recreation, Shawnee County Public Works, Shawnee County Sheriffs Office, Shawnee County Emergency Management, and the Topeka Police Department have developed a plan for the placement of traffic devices to meet the needs of the 2015 Spirit of Kansas Celebration. The traffic plan has been used in each of the past Spirit of Kansas Celebrations which allows traffic to move safely in and out of Lake Shawnee. In addition, the Topeka Metro will be providing bus transportation from White Lakes Mall parking lot free to all citizens. The Board of Commissioners approval is requested on the attached Resolution that will allow partners to implement the plan.

Capital Federal will again be the Title Sponsor for the 14th consecutive year. Other event sponsors include Country Legends 106.9, WIBW 13, Topeka Metro and Stormont-Vail Health Care. Additional events will be highlighted by the return of the blues festival.

The Spirit of Kansas in addition to being one of the most popular events in the community will also provide an estimated $500,000 in economic impact to the Topeka and Shawnee County Community as an estimated crowd of more than 50,000 people will be attending or near the grounds of Lake Shawnee for this event.

JEK/gcl RL Attachment( s)

SHAWNEE COUNTY CONTRACT NO. C ll.7- -2015

SHAWNEE COUNTY PARKS AND RECREATION DEPARTMENT FIREWORKS DISPLAY CONTRACT

THIS CONTRACT is entered into this day of, 2015, is by and

between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF

SHAWNEE, KANSAS, 200 SE ih Street, Topeka, Kansas, 66603, hereinafter

referred to as "County", and J & M Displays, Yarmouth, Iowa, herein referred to as

"Contractor". In consideration of the mutual covenants contained herein, the parties

agree as follows:

1. EFFECTIVE DATE. This Contract us effective upon the signing of the

parties listed hereunder. The delivery and display of fireworks shall be for the July 4,

2015 celebration, subject to postponement as indicated herein.

2. TERMS. Contractor agrees to secure, prepare, and deliver fireworks,

as outlined in Attachment A. Any substitutions must be of equal or greater value and

have prior written approval of the Director of the Shawnee County Parks &

Recreation Department. Contractor agrees to include the services of a pyrotechnic

operator to take charge of, set up, and fire the display, along with such help as he

deems necessary to perform the fireworks display safely, and in accordance with

applicable Federal, State, and Local laws. County reserves the right to inspect

fireworks, mortars, and any or all equipment used in the detonation of above stated

fireworks display.

The County agrees to furnish the minimum safety distance factors established

by the Contractor and the Shawnee Heights Fire District after an on-site inspection

of the proposed shooting location. The County agrees to procure adequate security

to maintain these distance factors, and to supply adequate fire protection at the

location of the display.

3. ADDITIONAL TERMS. The parties agree that the Director of the

Shawnee County Parks & Recreation Department and/or his designated agent(s),

along with the Contractor and/or his designated agent(s), shall inspect the display

area after the presentation of the fireworks display for any "duds" or other material

remaining from the display, which might not have ignited. Any and all such material

found by the Director and/or his designated agent(s) shall be turned into the

Contractor for safekeeping or disposal of said material. Contractor will agree to

reimburse the County at values previously set for any unexploded ordinance.

4. TIME OF DISPLAY. Contractor shall present the fireworks display on

July 41h, 2015. In the event of inclement weather on July 4, 2015, it is agreed and

understood that the display will be presented July 5, 2015 or at some future date as

agreed between both the Contractor and the County.

5. TERMS OF PAYMENT. It is agreed and understood that the Shawnee

County Parks & Recreation Foundation will pay a total price of thirty Thousand and

No/100 Dollars ($30,000) due and payable within ten (10) days following the

presentation of the display. If the County chooses to cancel the display, for reasons

other than dissatisfaction with the product delivered by the Contractor or breach by

the Contractor, it is agreed and understood that one third (1/3) of the contract

produce will be paid to the Contractor.

6. INSURANCE. Contractor will provide a certificate of liability insurance

in the amount of $5,000,000.00 to the Director of Shawnee County Parks &

Recreation Department on or before June 22, 2015.

7. IDEMNIFICATION. The County agrees to hold the Contractor

harmless from any and all claims for fireworks related damage to the two (2) County

structures located within the fallout zone of the fireworks display. With regard to any

other claims, the Contractor agrees to indemnify and hold harmless the Board of

Commissioners of the County of Shawnee, Kansas, its officers, employees,

contractors, subcontractors, agents, and insurers from and against all liability,

claims, or demands, on account of injury, loss, or damage, of any kind whatsoever,

which may arise out of or are in any manner connected with the fireworks display, if

such injury, loss, or damage is or is claimed to be caused in whole or in part by the

act, omission, or fault of the Contractor. The Contractor agrees to investigate,

handle, respond to and to provide a defense for any liability, claims, or demands at

the sole expense of the Contractor, and agrees to bear any of the costs and

expenses related hereto, including court costs and attorneys fees, whether or not

such liability, claims, or demands are groundless, false, or fraudulent as it applies to

the Event.

8. RENEWAL. If both parties agree, this Contract can be extended with

the same terms, costs, and relevant provisions for 2016.

9. NOTICE. The Director of the Shawnee County Parks & Recreation

Department shall be the County's agent for the receipt of all required notices to the

County for general administration of this Contract. The Contractor shall be the

person who received all written legal notices from the County. Any notice with

regard to this Contract shall be sent to the following addresses:

SHAWNEE COUNTY John E. Knight, Director Shawnee County Parks & Recreation 3137 SE 29th Street Topeka, Kansas 66605

CONTRACTOR James Oetken J & M Displays 18064 170th Avenue Yarmouth, Iowa 52660-9772

10. ENTIRE AGREEMENT. The Contractual Provisions Attachment, which is

attached to this Contract, is incorporated by reference and made a part of this Contract

{Attachment B). Together this Contract, Attachment A, and the Contractual Provisions

Attachment (Attachment B), represents the entire Agreement and understanding between the

Contractor and the County relating to the Event. No terms, conditions, course of performance,

usage of trade, understanding, or agreement purporting to modify, supplement, or explain any

provisions of this Contract shall be effective unless in writing, signed by representatives of both

parties authorized to amend the Contract.

BOARD OF SHAWNEE COUNTY COMMISSIONERS

Kevin J. Cook, Chair

Date

ATTEST:

Cynthia A Beck, Shawnee

CONTRACTOR

~-cf) £!'-/ ;:;--Date

Rev. 09/2013 A1TACHMENTTO

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, govemed 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 etseq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function pcrfonned 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 tenninated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The tennination 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 indemnitY 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; (I) 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. ACCEPTAXCE 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 inte1pretation 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, modizy, 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 docwnent on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

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

I 0. INSURANCE. The Co\mty shall not be required to purchase, any insurance against loss or damage to any pen;onal 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.

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

--

J & M Displays Proposal For: Shawnee County Parks & Rec

Opening

Multi-shell Barrage Units Quantity Name Risjng Effect Price

3 Patriot fan cake with heavy report 60 shot $178.40

Category shell Count: 180

Section shell Count: 180

Flight1

Multi-shell Barrage Units Quantity Name Rising Effect Price

10 V shape candle bundle 300 shot- Blue $60.05

10 V shape candle bundle 300 shot- Red $60.05 10 V shape candle bundle 300 shot- Silver $60.05

Category shell Count: 9000

Section shell Count: 9000

Flight2

Multi-shell Barrage Units Quantity Name Risjng Effect Price

3 Alternating red white and blue tails to red white and blue $136.90 3 Color & gold glitter 100 shot fan cake $245.70

3 Color crackling flowers 100 shot Z shape $245.70

Category shell Count: 900

Section shell Count: 900

Flight3

Multi-shell Barrage Units Quantity Name Rising Effect Price

3 Red and silver crossette 100 shot Z shape $136.90

Category shell Count: 300

Section shell Count: 300

Flight4

5 Inch Assort E-FIRE Quantjty Name Rising Effect Price

2 Assortment P of 10 Special J&M Brand pattern shells ELECTRIC FIRE $505.00

Category shell Count: 20

Section shell Count: 20

Proposal number: 21935 Designed on:2/22/2015 Printed on: 2/23/2015 2:36:05 PM Page 1 of 7

Total

$535.20

$535.20

$535.20

Total

$600.50

$600.50

$600.50

$1,801.50

$1,801.50

Total

$410.70

$737.10

$737.10

$1,884.90

$1,884.90

Total

$410.70

$410.70

$410.70

Total

$1,010.00

$1,010.00

$1,010.00

J & M Displays Proposal For: Shawnee County Parks & Rec

Main Event

3 Inch Assort E-FIRE Quantity Name

2 Assmt A of 20 diff J&M shells (5 reports, 15 color)

2 Assortment F of 20 different J&M Brand Shells ELECTRIC FIRE

Category shell Count: 80

4 Inch Assort E-FIRE Quantity Name

2 Assortment B Of 20 different J&M Brand shells

2 Assortment G of 20 different J&M Brand Shells ELECTRIC FIRE

2 Assortment K Of 20 different J&M Brand shells ELECTRIC FIRE

2 Assortment Q of 10 Patriotic pairs of 4" J&M Brand shells

Category shell Count: 160

5 Inch Color Shells Quantity Name

Brocade ring with crackling flower pistil

Chrysanthemum to blue to orange

Color to brocade assorted

Fancy willow to crackle

Green to blue with wave pistil

Pink and lemon dahlia

Rainbow crossette

Red and blue double ring with silver bowtie

Silver Spike

Tracer assorted

Assortment A of 15 Patriotic J&M shells ELECTRIC FIRE

Assortment G of 15 different J&M Brand Shells ELECTRIC FIRE

Assortment H of 15 different J&M Brand Shells ELECTRIC FIRE

Assortment L of 15 different J&M Brand shells ELECTRIC FIRE

Category shell Count: 70

5 Inch Special Effect Shells Quantity Name

Kamuro chrysanthemum

Lemon magenta light blue orange with white strobe pistil

Lemon saturn ring with ghost peony

Mul!icolor strobe

Orange lime magenta violet w/ white strobe pistil

Red strobe

Three color comet shell with pistil assorted

White strobe

Ghost blue peony

Golden wave to variegated strobing chrys

Category shell Count: 1 0

Rising Effect

mixed tails

mixed tails

Rising Effect

mixed tails

Rising Effect

crackling tail

mixed tails

Rising Effect

Proposal number: 21935 Designed on:2/22/2015 Printed on: 2/23/2015 2:36:06 PM

Price

$174.25

$192.00

Price

$332.00

$332.00

$332.00

$332.00

Price

$50.50

$50.50

$50.50

$50.50

$50.50

$50.50

$50.50

$50.50

$50.50

$50.50

$439.00

$439.00

$439.00

$439.00

Price

$59.45

$59.45

$59.45

$59.45

$59.45

$59.45

$59.45

$59.45

$71.05

$71.05

Page 2 of 7

Total

$348.50

$384.00

$732.50

Total

$664.00

$664.00

$664.00

$664.00

$2,656.00

Total

$50.50

$50.50

$50.50

$50.50

$50.50

$50.50

$50.50

$50.50

$50.50

$50.50

$439.00

$439.00

$439.00

$439.00

$2,261.00

Total

$59.45

$59.45

$59.45

$59.45

$59.45

$59.45

$59.45

$59.45

$71.05

$71.05

$617.70

J & M Displays Proposal For: Shawnee County Parks & Rec

Main Event

6 Inch Color Shells Quantity Name Rising Effect Price

2 Aqua peony with Brocade ring $49.75

2 Green Gold and Purple peony $49.75

1 Red blue and silver peony $49.75

2 Red Grass green Sky blue and Silver peony $49.75

Brocade crown to chrysanthemum $71.35

2 Brocade Crown to Crackling $71.35

Brocade Crown to Green Glitter $71.35

Brocade ring with glitter pistil with double crackle rising flowers $71.35

Brocade with green flowers $71.35

2 Chrysanthemum to time rain with time rain and coconut pistil $71.35

1 Color to dark to color assorted $71.35

Crossette chrysanthemum assorted crackling tail $71.35

2 Glitter chrysanthemum $71.35

Glittering willow glitter tail $71.35

1 Green spiderweb with green strobe pistil $71.35

2 Jellyfish pattern (mushroom) $71.35

Magenta sky blue and lemon dahlia with white glitter pistil $71.35

Multi to crackle with crackle pistil $71.35

Multi-color comets $71.35

Rainbow colored dahlia w/glittering pistil $71.35

2 Rainbow crossette $71.35

1 Red ring w/ white strobe to titanium salute red tail $71.35

2 Ring to dark to peony assorted $71.35

Three times flowers red white and blue red tail $71.35

White flashing crackling big willow red tail $71.35

2 Assortment A of 9 different J&M brand shells ELECTRIC FIRE $434.00

2 Assortment B of 9 different J&M brand shells ELECTRIC FIRE mixed tails $434.00

2 Assortment F of 9 different J&M Brand shells ELECTRIC FIRE $434.00

Category shell Count: 88

6 Lnr;.h SQ.ecial Effect Shells Quantity Name Rising Effect Price

Blue and red meteor shower $98.45

Brocade with blue pistil and red flowers $98.45

Crackle brocade crown with bee pistil $98.45

Crackling nishiki kamuro niagara falls w/ variegated meteor $98.45

Glittering silver to green to purple $98.45

Glittering silver to red & green with red to blue pistil $98.45

Glittering silver to red to blue $98.45

Golden strobing chrys to red strobing with red strobing pistil $98.45

Golden willow (waterfall) $98.45

Half blue and half red with midnight snow ring $98.45

Kamuro chrysanthemum niagara falls with smiling face $98.45

Multi color dahlia with spangle crackling pistil $98.45

Category shell Count: 12

Proposal number: 21935 Designed on:2/22/2015 Printed on: 2/23/2015 2:36:06 PM Page 3 of 7

Total

$99.50

$99.50

$49.75

$99.50

$71.35

$142.70

$71.35

$71.35

$71.35

$142.70

$71.35

$71.35

$142.70

$71.35

$71.35

$142.70

$71.35

$71.35

$71.35

$71.35

$142.70

$71.35

$142.70

$71.35

$71.35

$868.00

$868.00

$868.00

$4,878.70

Total

$98.45

$98.45

$98.45

$98.45

$98.45

$98.45

$98.45

$98.45

$98.45

$98.45

$98.45

$98.45

$1,181.40

J & M Displays Proposal For: Shawnee County Parks & Rec

8 Inch Color She/Is Quantity Name

Brocade crown with eight flowers

Brocade crown with reports

Chrysanthemum with multiple layer pistil

Color to brocade crown assorted

Color to dark to color assorted

Crossette chrysanthemum assorted

Crossette ring with crackling pistils

Flashing willow with lemon and purple scatter

Four color peony

Glittering willow with pink lemon and light blue pistil

Gold flashing crossette with gold flash pis!

Gold glitter to purple with green stars pistil

Main Event

Rising Effect

Golden Flashing with eight pieces of chrysanthemum pistil

Green to red to blue to purple

Lemon to pink with sea blue pistils

Orange to purple with green pistils

Category shell Count: 16

8 Inch Special Effect Shells Quantity Name

Colorful Peony Shell of shells

Four pistils

Glittering silver to blue & red chrysanthemum

Glittering silver to variegated

Category shell Count: 4

Section shell Count: 440

Multi-shell Barrage Units Quantity Name

2 2

Assorted effects 1 00 shot Z shape

Silver shining willow 1 00 shot

Category shell Count: 400

Barrages fwater cakesl Quantity Name

2 Color Carpet (water cake) 48 Shot

Category shell Count: 96

Section shell Count: 496

Proposal number: 21935 Designed on:2/22/2015

Rising Effect

comet tail

False finales

Rising Effect

Rising Effect

Printed on: 2/23/2015 2:36:06 PM

Price

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

Price

$246.40

$246.40

$246.40

$246.40

Price

$178.40

$245.70

Price

$359.05

Page 4of 7

Total

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$147.75

$2,364.00

Total

$246.40

$246.40

$246.40

$246.40

$985.60

$15,676.90

Total

$356.80

$491.40

$848.20

Total

$718.10

$718.10

$1,566.30

J & M Displays Proposal For: Shawnee County Parks & Rec

3 Inch Finales Quantity Name

12 Red White Blue Dahlia 1 0 shot finale

24 Report and palm finale 10 shot with rising tails

Category shell Count: 360

4 Inch Finales Quantity Name

10 Mixed color peony finale 4"- 8 shot

Category shell Count: 80

Section shell Count: 440

Finales

Risjng Effect

mixed tails

mixed tails

Rising Effect

Miscellaneous

Ignition Items Quantity Name

600 Igniter 3 meter leads

50 Igniter 4 meter leads

15 E-Link flight chain (5 shot)

Category shell Count: 0

Section shell Count: 0

Rising Effect

Free 8% for earlv payment

3 Inch Finales Quantitv Name Rising Effect

15 Color finale 10 shot with tails silver tail

Category shell Count: 150

Section shell Count: 150

Free for Advertising

8 Inch Color Shells Quantity Name

Red to white to blue to silver

Red wave with double blue pistil

Category shell Count: 2

8 Inch Special Effect Shells Quantity

2

Name

Golden glitter with Blue pistil

Golden Silk Chrysanthemum

Midnight snow ring w/ith multi color crossette pistil and th

Red Peony to Golden Glitter

Reddish gamboge to crackling chrys w/ crackling pistils

2 Twitter glitter to blue with red strobe pistil

Category shell Count: 8

Proposal number: 21935 Designed on:2/22/2015

Rising Effect

silver tail

Rising Effect

Printed on: 2/23/2015 2:36:06 PM

Price

$115.00

$115.00

Price

$181.95

Price

$1.90

$2.15

$4.30

Price

$115.00

Price

$147.75

$147.75

Price

$246.40

$246.40

$246.40

$246.40

$246.40

$246.40

Page 5 of 7

Total

$1,380.00

$2,760.00

$4,140.00

Total

$1,819.50

$1,819.50

$5,959.50

Total

$1,140.00

$107.50

$64.50

$1,312.00

$1,312.00

Total

$1,725.00

$1,725.00

$1,725.00

Total

$147.75

$147.75

$295.50

Total

$246.40

$246.40

$492.80

$246.40

$246.40

$492.80

$1,971.20

J & M Displays Proposal For: Shawnee County Parks & Rec

Free for Advertising

Section shell Count: 1 0

Free 15% for Multiple Year Agreement

Multi-shell Barrage Units Quantity Name Rising Effect

2 2.5" Display Shell Cake- Red White Blue finale 2.5" 36 shot

Category shell Count: 72

4 Inch Finales Quantity Name

1 0 Color dahlia finale 8 shot

Category shell Count: 80

8 Inch Special Effect Shells Quantity Name

2 2

Midnight snow with red and blue pistil

Multicolor palm tree with multicolor crown flowers

Category shell Count: 4

Section shell Count: 156

Proposal number: 21935 Designed on: 2/22/2015

Rising Effect

mixed tails

Rising Effect

Printed on: 2/23/2015 2:36:06 PM

Price

$359.05

Price

$181.95

Price

$246.40

$246.40

Page 6 of 7

$2,266.70

Total

$718.10

$718.10

Total

$1,819.50

$1,819.50

Total

$492.80

$492.80

$985.60

$3,523.20

J & M Displays Proposal For: Shawnee County Parks & Rec

This proposal includes an extention of our $10,000,000.00 spectator liability insurance, and workers compensation on our shoot team.

Fireworks price:

Discount:

Sub-total Fireworks:

Sales tax:

Option sales tax:

Insurance processing :

License and permit:

Shoot fee

Delivery:

Musical firing:

Shoot cost:

Total price of show:

Proposal print 11

$30,157.00

$7 907.00

$22,250.00

$3,250.00

$3,000.00

$1,500.00

$30,000.00

Total shell count: 12092

Packing check: 913

Date of display: 7/4/2015

Customer number: 1 0778

Summary of Free Items Added to Your Show See previous pages for a listing of free items

Free items are based on the $22,250.00 fireworks subtotal

$2,266.70 $3,523.20 $1,725.00

Free for Advertising Free for Multiple Year Agreement Free for early pay

$7,514.90 Total free

Total value of show is $45,421.90. Your price is $30,000.00

Free Items Summary

Please note the following comments:

The data in this proposal is confidential, and is to be accorded confidential treatment and shall not be disclosed other than to the official representative of the organization listed on the cover, and only then when in the evaluation of this proposal. Any reproduction of the contents of this proposal, whether in whole or in part, is expressly forbidden. J & M Displays, Inc. requests that all information be safe­guarded from release pursuant to any request under the Freedom of Information Law of this state or any other state or jurisdiction; as it may cause competitive disadvantage to our company. The enclosed concepts and materials are the sole and exclusive property of J & M Displays, Inc. We reserve the right to make substitutions of equal or greater value. Prices and specifications are subject to change without notice.

Proposal number: 21935 Designed on:2/22/2015 Printed on: 2/23/2015 2:36:06 PM Page 7 of 7

RESOLUTION NO. 2015.;f)

SPONSORED BY COMMISSIONER COOK

WHEREAS, Shawnee County is a participating sponsor of the 2015 Spirit of Kansas celebration and fireworks display at Lake Shawnee scheduled for July 4, 2015; and

WHEREAS, certain streets and roads must be closed to accommodate the 2015 Spirit of Kansas celebration; and

WHEREAS, The Board of County Commissioners of the County of Shawnee, Kansas has authority under K.S.A. Chapter 8, Article 20 et seq. to regulate, warn, and guide traffic upon all streets, roads and highways under its jurisdiction;

NOW THEREFORE, The Board of County Commissioners of the County of Shawnee, Kansas meeting in regular session this __ day of , 2015, does hereby resolve as follows:

1. The Shawnee County Public Works Department is given authority to place such temporary traffic signs and barricades as necessary on roads and streets under the jurisdiction of Shawnee County for the purpose of facilitating the 2015 Spitit of Kansas celebration and to remove the traffic devices when no longer needed.

2. Any other Resolution in conflict herewith is hereby rescinded.

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Kevin J. Cook, Chair

Michele A. Buhler, Vice-Chair

Robert E. Archer, Member

SHAWNEE COUNTY

PARKS~RECREATION

March 24,2015

TO:

FROM:

Board of Commissioners Shawnee County

John E. Knight, Director\ Parks & Recreation ~

SHAWNEE COUNTY

PARKS & RECREATION

JOHN E. KNIGHT

DIRECTOR 3137 SE 29TH ST.

TOPEKA, Ks 66605-1885 (785) 251-2600

john.knight@snco.us

RE: Waive Resolution No. HR 2014-1- Staff and Sport Apparel

Board of Commissioners approval is requested for Parks and Recreation to waive Resolution No. HR 2014-1 and extend the quotes from Quotation 012-14 for seasonal staff and sport league apparel to Ad-Wear & Specialty of Texas per the attached correspondence. Shawnee County Code, Chapter 25, Article II, Purchasing outlines the policies and procedures for purchasing. Specifically Section 25-66 states that "For good cause, the Board may waive any or all of the requirements of this article for specific purchases only at an open public meeting."

On April3, 2014, the Board of Commissioners awarded the bid for Quotation 012-14, to Ad­Wear & Specialty of Texas, Inc. In 2014, Parks and Recreation with the assistance from the Purchasing Division performed a detailed and comprehensive search for the best pricing available. The bid request produced bids from seventeen (17) companies. Bids were requested for staff T -shirts and sports league shirts, hats and/or visors. The bid submitted by Ad-Wear & Specialty of Texas, Inc. was significantly lower than other bids. A concern the department had was whether a company from out of state would be able to meet our required turnaround time. After a few initial hiccups, staff was satisfied with the product received, turnaround time, and responsiveness of the company.

In preparation for again bidding these services, staff consulted with Audit-Finance and the County Counselor about extending the bid pricing. Through this discussion the recommendation was that a letter of confirmation be obtained from the vendor and that Board of Commissioner approval be obtained in accordance with previously stated Resolutions and Codes. Attached you will find the letter of confirmation from Ad-Wear & Specialty of Texas, Inc. extending the pricing for an additional two (2) years ending January 1, 2017.

In 2014 Parks & Recreation consolidated all department shirt and apparel orders. Prior to 2014, the department spent approximately $30,000 annually on these through multiple separate orders. The process of consolidating the order resulted in a total cost in 2014 of $17,041.

The costs associated with this purchase are included in the establishment of fees for the various programs and facilities and are recovered through user fees. There are sufficient funds in the Parks & Recreation budget for this request.

JEK/gcl RL Attachment(s)

Cc: Betty Greiner Richard V. Eckert

March 181h 2015

g: !:'l?2Y;:.::;: C':t2·::.\' CONII,~·i:C't ;.~~~~~

To: Darren Tolin, CYSA Recreation Programmer Athletics Division, Shawnee County Parks & Recreation

RE: Letter of Commitment from Ad-Wear & Specialty ofTexas for 2015-2017.

Dear Mr. Tolin,

Ad-Wear & Specialty of Texas is confirming an update to the contract we have

standing with Shawnee County Parks and Recreation. The contract will be renewed for the next two years, 2015 to

2017 and the current pricing offered will be honored throughout the renewed contract period. We look forward to

our continued relationship with Shawnee County. Thank you for this opportunity.

Sincerely,

David T. Tanenbaum

President & CEO.

Ad-Wear & Specialty of Texas, Inc.

Celluar: 713-703-3070

Digitally signed by David · Tanenbaum DN: cn=David Tanenbaum, o=Ad­Wear & Specialty ofTexas, ou=President & CEO, emaii=David@Adweartex.com, c=US Date: 2015.03.18 11:49:57 -05'00'

8120 Westglen • Houston, Texas 77063 Phone: 713-953-9881 • Fax: 713-953-9893

www.adweartex.com

Shawnee County

Department of Public Works

]][ Fl

1515 N.W. SALINE STREET· SUITE 200 ·TOPEKA, KANSAS 66618-2867 785-251-6101 FAX 785-251-4920

THOMAS C. VLACH, P.E. DIRECTOR OF PUBLIC WORKS

COUNTY ENGINEER

MEMORANDUM

DATE: March 27, 2015

TO: Board of County Commissioners

FROM: Thomas C. Vlach, P .E. ~ Director of Public Works

RE: Recommendation of Award Quotation 008-15 - Metal Culvert Materials

A Request for Quotation (RFQ) was advertised and solicited for the purchase of metal culvert materials for use by the Shawnee County Department· of Public Works (SCDPW) in performing "in-house" culvert replacement projects. Two bids were received.

After reviewing the bids, SCDPW has determined the best and overall lowest bid was submitted by Welborn Sales, Inc. (Welborn) and recommends awarding the bid to Welborn. Attached for your reference is a copy of the two bids that were received.

In addition, as has been done in the past, SCDPW requests approval to have Welborn perform any custom fabrication that may be needed on any of the culvert material purchased under this bid award up to the limits allowed by the purchasing resolution. Although custom fabrication is typically not necessary on our projects and not known if it is required until the design is completed, it is sometimes necessary to install lifting lugs on larger diameter pipe or to fabricate beveled-end treatments for culverts being placed in tightly confined areas in order to eliminate the need for end sections, which take up more space. Although it is not anticipated to ever reach this level of cost, any custom fabrication exceeding the purchasing resolution limits would be brought before the Board for approval.

For your reference, lifting lugs typically cost approximately $1/foot of pipe, with costs typically ranging between $40 and $100 for an average project. Additionally, step-bevel end treatments typically cost $500-$1,500 when they are used, depending upon the size of the pipe.

This same method of procurement has been utilized the past several years and has worked well for our needs.

Board of County Commissioners March 27,2015 Page2

The financial impact of this request is not exactly known at this time due to the fact that several of the projects have not yet had the design finalized. It is anticipated that the cost of the material will be in the range of $55,000- $75,000.

Shawnee County residents will benefit by the approval of this request in that the SCDPW will be able to replace several small and large diameter culverts along its roadway system. The provision of necessary culvert replacement minimizes the potential for roadway failure at these locations, thus increasing overall roadway safety, and reduces the potential for emergency closure of roadways and lengthy detour periods.

Funding for this request will come from a combination of the 2015 Public Works Operational Budget (Account 10PW127 50356) and Special Bridge Fund (Account 27SCOOO 2020).

Attachments

REQUEST FOR QUOTATION SUBMIT BID TO

PURCHASING DIVISION · SHAWNEE COUNTY COURTHOUSE

QUOTATION NO.

DATE MAILED

CLOSING 2:00 P.M.

Room201

Topeka, Kansas 66603 -- j 008-15 VENDOR ~~&.en ~S

ADDRESS jqflf76Ce..dar h fle--> PHONE G, crt: A vt.erC (<$ 4~o~ o

03-11-15

03-25-15

THIS IS NOT AN ORDER ·

1. In communications always refer to the above quotation number. 2. In order to receive consideration, one copy of this request for quotation with your bid properly filled in

must be signed and returned by the specified closing date. 3. All prices and conditions must be shown. Additions or conditions not shown on this bid will not be

allowed. 4. Contracts or purchase orders resulting from this quotation may not be· assigned without written prior

consent of the Purchasing Division. · 5. The Purchasing Division reserves the right to accept or reject any part of, or all of, any bid or proposal. 6. All prices quoted are to be ,less Federal Excise Tax and Kansas Sales Tax. 7. Failure to respond to RFQ may result in termination of future mailings. 8. Price quoted shall remain firm until bid has been awarded.

ITEM AND DESCRIPTION

Shawnee County is soliciting sealed bids for the purchase of aluminized corrugated steel pipe for use in culvert construction per the following minimum specifications.

Bid results will not be given over the telephone .. Results may be obtained by attending the public bid opening or by sending a self addressed stamped envelope to the Purchasing Division with your request for bid tabulation.

NOTE: If your company reside~ locale which has a local preference law, please state what that preference is ~~/£::.- . If there is no preference in your locale please answer by stating NONE. F AlLURE TO RESPOND TO THIS PART OF THE SPECIFICATION MAY RESULT IN REJECTION OF YOUR BID.

These specifications are guide specifications. Any exceptions to these specifications shall be so noted. The County reserves the right to waive minor technicalities under this specification. Bids on items which are "an approved equal" are encouraged unless otherwise noted. The burden of proof regarding "an approved equal" will be upon the bidder.

1

. ' QUOTATION NO. DATE MAILED CLOSING 2:00 PM

008-15 03-11-15 03-25-15

Round Pipe Picked Up

12" Diameter 15" Diameter 18" Diameter 21 11

Diameter

2411

Diameter 30" Diameter 36" Diameter

42" Diameter 48" Diameter 54" Diameter

60" Diameter 66" Diameter 72" Diameter

2 2/3 x 1/2 Corrugation

16 gage 14 gage

2 2/3 x 1/2 Corrugation

14 gage 12 gage

14 gage

14 gage 10 gage

tJO

7

78" Diameter

84" Diameter 90" Diameter 96" Diameter 102" Diameter 108" Diameter 114" Diameter 120" Diameter

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

3 x 1 or 5 x 1 Corrugation

12 gage 10 gage

008-15 03-11-15 03-25-15

2 2/3 X 1/2 Corrugation

8gage

3 x 1 or 5 x 1 Corrugation

12 gage 10 gage

/'/eq>e- ctj J -11/t.S' / e r- Trvc.f<_ for de b .. -. .. .J \) r->'GeS,

~<ia. o"'l/ o.v«.l:ble- ;"' ':X"Iv""'~u.a '"""4m""l, En J S":ec:. J. -c:tvl S c-n-e.. 4 q l ~l-'o..; z.e-J

8

QUOTATION NO. DATE MAILED CLOSING 2:00PM

008-15 03-11-15 03-25-15

Arch Pipe Picked Up

2 2/3 x 1/2 Corrugation

16 gage 14 gage

17"x13" (15" Arch)

21"x15" (18" Arch)

24"x18" {21" Arch)

28"x20" (24" Arch)

2 2/3 x 1/2 Corrugation

14 gage 12 gage

42"x29" (36" Arch)

49"x33" (42" Arch)

57"x38" (48" Arch) ~

11

QUOTATION NO. DATE MAILED CLOSING 2:00PM

60"x46" {54" Arch)

66"x51" {60" Arch)

73"x56" {66" Arch) .

81"x59" (72" Arch)

3 x 1 or 5 x 1 Corrugation

14 gage

008-15 03-11-15 03-25-15

2 2/3 X 1/2 Corrugation

3 x 1 or 5 x 1 Corrugation

12 gage 10 gage Bgage

87"x63" {78" Arch}

96"x67" (84" Arch)

103"x71" (90" Arch}

112"x75" (96" Arch}

117"x79" (102" Arch)

128"x83" (108" Arch)

137"x87" (114" Arch}·

142"x91" (120" Arch)

12

REQUEST FOR QUOTATION SUBMIT BID TO

PURCHASING DIVISION · SHAWNEE COUNTY COURTHOUSE

Room201 Topeka, Kansas 66603

VENDOR METAL QJLVFRIS, :OC. QUOTATION NO.

DATE MAILED

CLbSING 2:00P.M.

008-15

03-11-15

03-25-15

ADDRESS P.O. OOX :rr:J, ~ CTIY, M:> 65102

PHONE (573) 636-7312

THIS IS NOT AN ORDER

1. In communications always refer to the above quotation number. 2. In order to receive consideration, one copy of this request for quotation with your bid properly filled in

must be signed and returned by the specified closing date. 3. All prices and conditions must be shown. Additions or conditions not shown on this bid will not be

allowed. 4. Contracts or purchase orders resulting from this quotation may not be assigned without written prior

consent of the Purchasing Division. 5. The Purchasing Division reserves the right to accept or reject any part of, or all of, any bid or proposal. 6. All prices quoted are to be less Federal Excise Tax and Kansas Sales Tax. 7. Failure to respond to RFQ may result in termination of future mailings. 8. Price quoted shall remain firm until bid has been awarded.

ITEM AND DESCRIPTION

Shawnee County is soliciting sealed bids for the purchase of aluminized corrugated steel pipe for use in culvert construction per the following minimum specifications.

Bid results will not be given over the telephone. Results may be obtained by attending the public bid opening or by sending a self addressed stamped envelope to the Purchasing Division with your request for bid tabulation.

NOTE: If your company resides in a locale which has a local preference law, please state what that preference is IDNE . If there is no preference in your locale please answer by stating NONE. F AlLURE TO RESPOND TO THIS PART OF THE SPECIFICATION MAY RESULT IN REJECTION OF YOUR BID.

These specifications are guide specifications. Any exceptions to these specifications shall be so noted. The County reserves the right to waive minor technicalities under this specification. Bids on items which are "an approved equal" are encouraged unless otherwise noted. The burden of proof regarding "an approved equal" will be upon the bidder.

1

·P- ......

QUOTATION NO. cre-15

DATE MAILED 03-11-15

CLOSING 2:00 PM 03-25-15

Round Pipe Picked Up

2 213 x 112 Corrugation

16 gage 14 gage 12 gage

12" 8.37 Itt 10.54 1ft 14.80 1ft 45.38 ea.

Diameter

15" 10.54 Itt 13.36 1ft 18.50 Itt 57.66 Diameter

18" 12.51 1ft 15.80 Diameter

1ft 22.20 Itt 74 .. 70

21" 1ft 1ft 1ft Diameter 14.49 18.81 25.99

2 213 x 112 Corrugation

14 gage 12 gage 10 gage

24" . 21.07 Diameter

1ft 29.63 1ft 36.87 Itt 111.40 ea.

30" 25.87 Itt 36.30 1ft 46.09 Itt 188.07 ea. Diameter

36" 30.85 Itt 43.26 Itt 55.30 1ft

Diameter

3 x 1 or 5 x 1 2 2/3 x 1/2 Corrugation

Corrugation

14 gage 12 gage 10 gage

42" 38.44 1ft .50.69 /ft 64.71 1ft Diameter

48" 43.77 /ft 57.75 /ft 73.74 1ft 665.42 ea. Diameter

54" 49.00 1ft 65.85 1ft 84.09 1ft

Diameter

3 x 1 or 5 x 1 Corrugation 2 2/3 X 112

Corrugation

14 gage 12 gage 10 gage

60" 1ft Itt 92.64 1ft Diameter 54.34 76.28

66" . 59.38 1ft 83.19 Itt 101.57 /ft Diameter

72" 64.62 1ft SD.60 1ft 110.60 1ft Diameter

NOIE: MErAL END SECITOOS qxJTID AS GALVANJZED AI1JMINIZED NOr AVATIABI.E IN 8 GAtrn. AIL 8 GA Q1JJIED AS GALVANJZED 7

78" Diameter

84" Diameter

90" Diameter

96" Diameter

102" Diameter

108" Diameter

114" Diameter

120" Diameter

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

003-15 03-11-15 03-25-15

3 x 1 or 5 x 1 Corrugation 2 2/3 X 1/2

Corrugation

12 gage 10 gage

98.11 /ft 125.38 /ft

3 x 1 or 5 x 1 Corrugation

12 gage 10 gage 8 gage

105.42 /ft 134.86 1ft 174.37 /ft

112.93 /ft 144.34 1ft 186.60 /ft

120.34 /ft 153.83 /ft 198.82 1ft

128.04 /ft 162.73 /ft 210.49 /ft

172.31 /ft 222.00 /ft

181.79 1ft 235.00 /ft

191.27 1ft 247.33 /ft

NOIE: METAL END SFLITONS QDIED M3 GALVANIZED

N/A

N/A

N/A

AII.JMINJZED NOT AVAII.ABLE IN 8 GAlrn. .AIL 8 GA QUJIED M3 GALVANJZED

SAME M3 2' OF PIPEa. SAME M3 2' OF pnf!8·

8

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

CX&lS 03-11-15 03-25-15

N:ESuncli~!pe~E>eli:veted ,

2 2/3 x 1/2 Corrugation

16 gage 14 gage 12 gage

12" 8.81 /ft

Diameter 11.09 /ft 15 . .58

15" Diameter 11.09 /ft 14.06 1ft 19.47

18" 13.17 /ft 16.63 1ft 23.36 Diameter

21" 15.25 /ft 19.00 /ft 27.36 Diameter

2 2/3 x 1/2 Corrugation

14 gage 12 gage 10 gage

24" /ft /ft

Diameter 22.18 31.19 38.81

30" 27.23 /ft 38.21 /ft 48.51 Diameter

36" 32.47 /ft

Diameter 45 . .54 /ft .58.21

3 x 1 or 5 x 1 2 2/3 x 1/2 Corrugation

Corrugation

14 gage 12 gage 10 gage

42" 40.46 /ft 53.36 /ft 68.11 Diameter

48" /ft 46.07 1ft ffJ.79 77.62 Diameter

54" 51.58 /ft 69.32 /ft 88.51 Diameter

NOIE: METAL END SEG.ITCl'S QlJJIED AS GALVANIZED

/ft 47.77

/ft ffJ.69

1ft 78.63

/ft

/ft 117.34

1ft 197.97

/ft

/ft

AilMINIZED NOr AVAII.liBLE :rn 8 GA. AIL 8 GA QUJIED AS GALVANIZED

SAME AS SAME AS ea. 1.5 I OF p:fl% 2' OF rl&· SAME AS SAME AS

ea. 1.5' OF PIPE 2' OF pJPEl·

9

QUOTATION NO. CD8-l5 DATE MAILED 03-11-15

CLOSING 2:00 PM 03-25-15

3 x 1 or 5 x 1 Corrugation 2 2/3 X 1/2

Corrugation

14 gage 12 gage 10 gage

60" 57.20 /ft 00.29 /ft 97.52 /ft 1245.21 Diameter

66" /ft 87.57 1ft 106.92 /ft Diameter 62.50 1338.62

72" 68.02 /ft 95.37 1ft 116.42 1ft 1483.89 Diameter

3 x 1 or 5 x 1 Corrugation 2 2/3 X 1/2 Corrugation

12 gage 10 gage 8 gage

78" 103.27 /ft 131.98 /ft 144.72 /ft Diameter

3 x 1 or 5 x 1 Corrugation

12 gage 10 gage 8 gage

84" ' /ft 141.96 /ft 183.55 1ft Diameter 110.97 1753.68

90" Diameter 1183.87 /ft 151.94 /ft 196.42 /ft 2256.96

96" 126.67 /ft 161.93 /ft 209.28 /ft 2326.45 Diameter

102" 134.78 /ft 171.29 /ft 221.57 /ft N/A Diameter

108" 181.38 /ft 234.53 /ft Diameter N/A

114" 191.36 /ft Diameter 247.39 1ft N/A

120" 201.34 /ft 2fD.35 /ft N/A Diameter

NOIE: METAL END SECTIONS QUJIED AS GALVANIZED All.lMINJZED NOI' AVAilABLE IN 8 GAUGE. AIL 8 GA QilllED AS GALVANIZED

10

QUOTATION NO. DATEMAILED . CLOSING 2:00 PM

Arch Pipe Picked Up.

008-15 03-11-15 m-25-15

2 2/3 x 1/2 Corrugation

16 gage 14 gage 12 gage

17"x13" (15" Arch) 11.29 1ft 14.20 1ft 19.21/ft

21"x15" (18" Arch) 13.26 1ft 16.64 1ft 23.05/ft

24"x18" (21" Arch) 15.43 /ft 19.75 /ft 26.71 /ft

28"x20" (24" Arch) 17.87 /ft 22.19 1ft :JJ.75/ft

2 2/3 x 1/2 Corrugation

14 gage 12 gage 10 gage

35"x24" (30" Arch) 26.99 1ft 37.53 1ft 47 .221ft

42"x29" (36" Arch) 32.17 1ft 44 • .58/ft 56.62/ft

49"x33" (42" Arch) 37.53 1ft 52.20 /ft 66.22/ft

57"x38" (48" Arch) ~!.. 42.88 /ft 59.35 1ft 75.34/ft

NOIES: MEIAL END SFCITONS QUJIED AS GALVANIZED

.58.CD ea.

67.99 ea.

AJ1JMINIZED NOT AVATiliBIE m 8 GAlGE. AIL 8 GA QlXJIED AS GALVANIZED 1~ IDES NOT MEET H20 LIVE IDAD

12" wide Band

SAME PS 1.5 I OF p:flSE

11

QUOTATION NO. 008-15

DATE MAILED 03-11-15

CLOSING 2:00 PM 03-25-15

3 x 1 or 5 x 1 2 2/3 X 1/2 Corrugation Corrugation

14 gage 12 gage

60"x46" (54" Arch) 50.88 /ft 67 .621ft 85.97 /ft 712.74

66"x51" (60" Arch) 56.41 /ft 1q4,49 /ft

3 x 1 or 5 x 1 Corrugation

12 gage 10 gage

73"x56" (66" Arch) 85.66 /ft •'~-103 .841ft 119.91 /ft 1261.80

81"x59" (72" Arch) 93.46 /ft 1~113.05/ft 130 . .58 /ft 1340.69

3 x 1 or 5 x 1 Corrugation

12 gage 10gage

87"x63" (78" Arch) 106.21 /ft 129.13/ft 148.36 /ft 1610.68

96"x67" (84" Arch) 109.76 /ft 139.40/ft 1f:0.25 /ft 1662.16

103"x71" (90" Arch) 117.97 /ft 149.59/ft 171.95 /ft 1856.85

112"x75" (96" Arch) 126.17 /ft 159.47 1ft 183.38 /ft 2152.70

117"x79" (1 02" Arch) 169.44/ft 194.90 /ft

128"x83" (108" Arch) 179.82/ft 206.69 /ft N/A

137"x87" (114" Arch) 190. 78/ft 219.32 /ft N/A

142"x91" (120" Arch) 203.93/ft 234.43 /ft N/A

NOTIS: METAL END SECITONS WJI'EJ) AS GALVANIZED AUlMINIZED tm AVAilABlE IN 8 GAu;E, AlL 8 GA qmED AS GALVANIZED * IDES NOT MEET H20 LIVE IDAD

12"wide Band

SAlE AS ea.

1.5' OF PIPE

ea.

24"wide Band AS

2' OF PIPifa.

SAME AS 2' OF PIPia.

12

QUOTATION NO. CDS-15

DATE MAILED 03-11-15

CLOSING 2:00 PM 03-25-15

~~J?.~J!l~M!ve:v~@},

2 2/3 x 1/2 Corrugation

16 gage 14 gage

17"x13" (15" Arch) 11.88 /ft 14.95 1ft 20.22 1ft 61.03

21"x15" (18" Arch) 13.96 /ft 17.52 /ft 24.26 /ft 71.57

24"x18" (21" Arch) 16.24 /ft 20.79 /ft 28.12 /ft 87.04

28"x20" (24" Arch) 18.81 /ft 23.36 1ft

2 2/3 x 1/2 Corrugation

14 gage 12 gage

35"x24" {30" Arch) 28.41 1ft 39.50 /ft 49.70 /ft 1.58.78

42"x29" (36" Arch) 33.86 /ft 46.93 1ft 59.60 /ft 251.09

49"x33" {42" Arch) 39.50 1ft 54.95 /ft 69.70 1ft 432.69

57"x38" (48" Arch) -*45.14 1ft 62.47 /ft

3 x 1 or 5 x 1 2 2/3 X 1/2 Corrugation Corrugation

14 gage 12 gage

60"x46" (54" Arch) 53.56 /ft 71.18 /ft g),49 /ft 750.25

66"x51" (60" Arch) 59.38 1ft *78.41 1ft

3 x 1 or 5 x 1 2 2/3 X 1/2 Corrugation

12 gage 10 gage

73"x56" (66" Arch) g),17 Itt .2D 1ft 126.22 /ft 1328.21

81"x59" (72" Arch) 98.38 Itt 137.45 1ft 1411.25

NOTES: METAL END SECTICNS Q.KJIED AS GALVANIZED Aill1INIZED IDT AVAILABLE IN 8 GAln:. AIL 8 GA QUJIED AS GALVANIZED * IDES NOr MEET H20 LIVE IDAIS

24" wide Band

SAME AS 2'0F~· SAME AS 2'0F~·

13

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

008-15 03-11-15 03-25-15

3 x 1 or 5 x 1 Corrugation

12 gage 10 gage

87"x63" (78" Arch) 111.00 1ft 135.93 /ft 1.56.17 /ft

96"x67" {84" Arch) 115 • .54 /ft 146.74 /ft 168.68 /ft

103"x71" (90" Arch) 124.18 /ft 157.46 /ft 181.00 /ft

112"x75" (96" Arch) 132.81 /ft 167.86 /ft 193.03 /ft

117"x79" (102" Arch) 178.36 /ft 205.16 1ft

128"x83" (108" Arch) 189.28 /ft 217.57 /ft

137"x87" (114" Arch) 200.82 /ft 230.86 /ft

142"x91" (120" Arch) 214.66 /ft 246.77 /ft

NOlES: METAL END SECTIONS Q.XJIED AS GALVANIZED

2266.60 ea.

N/A

N/A

N/A

N/A

AIIJMINJZED NOT AVAILABlE :rn 8 GAirn. AlL 8 GA QOOIED AS GALVANIZED

Please include an original and a copy of your bid.

SAME AS 2' OF PIPEa. SAME AS 2' OF PIPEa. SAME AS 2' OF PIPEa.

14

Shawnee County Solid Waste Department

1515 N.W. SALINE STREET, SUITE 150 TOPEKA, KANSAS 66618-2868

785-233-4774 785-291-4929 (FAX)

THOMAS C. VLACH, P.E., Director solidwaste@snco.us

www.snco.us

MEMORANDUM

DATE: March 23, 2015

TO: Board of County Commissioners

FROM: Thomas C. Vlach, P.E. ~ Director of Solid Waste

RE: Request to purchase 65-gallon trash/recycling containers

The Shawnee County Solid Waste Department (SCSWD) requests approval to purchase one truckload (648 units) of 65-:gallon capacity trash/recycling containers in accordance with the terms and conditions set forth in the sole-source agreement with Rehrig-Pacific (R-P) that was approved by the Board of County Commissioners at its March 26, 2015 meeting.

In accordance with the sole-source agreement, R-P will provide the trash and recycling containers at the same base bid price that was offered and accepted in 2012 with the exception of the difference in the cost of resin, which is the main raw material component used to make these types of containers, and freight.

The 2012 base cost for 65-gallon containers was $18. 79/unit and the current resin cost, as per the Chern Data Index, is $0.735/lb.

As a result, the current unit price for a 65-gallon container is $39.00, calculated as follows:

• Base Cost= $18.79/unit • Resin Cost= 27.5 lbs/unit x $0.735/lb of resin= $20.21/unit • TOTAL: $39.00/unit

Additionally, the current freight cost is $470.00 per truck load. Each truck load can carry 648 65-gallon containers resulting in a per unit freight cost of $0.7253 ($470.00/648 units).

The financial impact of this request will be an expenditure of $25,7 42.00 as detailed below:

648 65-gallon containers@ $39.00/unit = $25,272.00 Freight= $470.00 x 1 = $470.00 TOTAL: $25,742.00

Board of County Commissioners March 27, 2015 Page2

A quote sheet from R-P is attached for your reference.

Funding for this request will come from the Solid Waste Collections Operational Budget (Acct No. 25SW31 0 503 77). No detrimental financial impacts are anticipated as a result of this purchase.

SCSWD customers will benefit by the approval of this request in that SCSWD will be able to provide more timely service with the provision and replacement of this size of trash container and replacement parts.

Your consideration of this request is appreciated.

I

Proposal#:

Facilities Located: Raco Court, Lawrenceville, GA 30046 625 West Mockingbird Lane, Dallas, TX 75247 1738 W. 2oth St, Erie, PA 18502 7452 Presidents Dr, Orlando, FL 32809 8875 Commerce Dr, DeSoto, KS 66018 7800 10oth St, Pleasant Prairie, WI 53158 4010 East 26th St, Los Angeles, CA 90058

PREPARED FOR: ISHIP TO:

Shawnee County Refuse 1515 NW Saline Topeka, KS 66618

I

Shawnee County Refuse 1515 NW Saline Topeka, KS 66618

1000

ITEM DESCRIPTION I

QUANTITY

65 Gallon Waste Cart

Body Color: Black Lid Color:

ADDITIONAL INFORMATION:

Freight Info: Wheel Type:

Leadtime:

Terms:

Shipping from our De Soto, KS facility 1 0" Snap on with lntergrated Spacer 2-3 Weeks After Receipt of Order Net 30

648

Black

Subtotal=

Freight Rate =

Totai =

Proposal

March 26, 2015

I UNIT EXTENDED I

PRICE PRICE

$39.00 $ 25,272.00

$ 25,272.00

$ 470.00

$ 25,742.00

Warranty:

Quote Valid: 10 year unprorated warranty on cart body, lid, wheels, axle, stop bar and all attachments. 30 Days

Taxes: All applicable taxes shall be paid by the Buyer unless a proper exemption is provided and validated.

PRESENTED BY: ACCEPTED BY:

Jason Whetzal 3/26/2015

Jason Whetzal Date Sign and Print Name Date Environmental Sales Representative Phone: 770-634-5881 jwhetzal@rehrigpacific.com

Title: ________________ _

CZ'o initiate oraer, pfease ca{{ or send" sitJnea propos a{ via jOJ( or emai{ to CJlresentea <By representative.

A FAMILY TRADITION OF GROWTH, SERVICE AND INNOVATION Page 1 of 1

SHAWNEE COUNTY Department of

Emergency Management 200 SE ih Street

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

Dave Sterbenz, Director

March 30, 2015

MEMO;·

TO:

FROM:

Reappointment of Ambulance Advisory Board Member

Board of County Commissioners Shawnee County Kansas

Dave Sterbenz - Director A Nelson E Casteel - Ambulance Compliance Officer Shawnee County Emergency Management

In accordance with Shawnee County Resolution 2012-59, the term for the Stormont Vail Health Care representative on the Ambulance Advisory Board will expire on June 11, 2015.

This office contacted Stormont Vail Health Care in regards to making an appointment to the position.

This office was then provided with a letter from President and CEO Randy Peterson nominating incumbent Angela Gamber to another term three-year on the Board.

The letter from Mr. Peterson has been attached to this item.

It is therefore requested that the Board of County Commissioners approve the reappointment of Angela Gamber to serve the three year term on the Ambulance Advisory Board (Term 6/11/2015 to 6/11/2018).

Should you have any questions please feel free to contact: Director Dave Sterbenz at 785-251-4151 or dave.sterbenz@snco.us Compliance Officer Nelson E Casteel at 785-251-4558 or nelson.casteel@snco.us

###

Stormont-Vail Health~

March 25,2015

Nelson E CasteeL KCEM Ambulance Compliance Officer Communications Officer Shawnee County Emergency Management 200 SE 7th SB I 0, Topeka KS 66632

Dear Mr. Casteel:

In accordance with the provisions of Resolution No. 2012-59, Stormont-Vail nominates Angela Gamber as its representative to serve on the Ambulance Advisory Board. Ms. Gamber is the Administrative Director of Emergency and Trauma Services and knowledgeable in the area of ambulance services for the residents of Shawnee County.

s~~--Randy Peterson President and CEO

Cc: Angela Gamber, Administrative Director, Emergency and Trauma Services

1500 S. W lOti! Al'C., Topeka, KS 66604-1353 • (785) 35-l-6000 • 'itonno11tvaii.ors

SHAWNEE COUNTY AMBULANCE COMPLIANCE OFFICE

CURRENT BOARD MEMBER AND TERMS- LAST UPDATED 1/13/20

y 6/11/2012 Due 5/1/2017 2 years 3 years I 6/11/2017

y 6/11/2014 Due 5/1/2017 N/A 3 years I 6/11/2017 I

Paul leavens ist Francis Hospital Representative y 6/11/2012 Due 5/1/2015 3 years 3 years I 6/11/2015

Gamber lstormont Vail Hospital Representative y 6/11/2012 Due 5/1/2015 3 years 3 years I 6/11/2015

Rural Fire Departments y 6/11/2012 Due 5/13/2016 1 year 3 years I 6/11/2016 Representative

Jack Collie City of Topeka Fire Representative y 12/12/2013 Due 5/1/2016 N/A 3 years I 6/11/2016

Dave Sterbenz Chairperson (Resolution 2012-59) N 5/7/2012 N/A N/A N/A I N/A

Shelly Buhler BOCC - ExOfficio Member I N I 1/12/2015 I N/A I N/A I N/A I 1/11/2016

THIS INFORMATION IS A MATTER OF PUBLIC RECORD