BOARD OF COUNTY COMMISSIONERS AGENDA THURSDAY, MARCH 3, 2016,9:00 AM

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

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Acknowledge receipt and consider approval of Commission Meeting minutes ofFebruary 11, 20 16-County Clerk.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. BOND COUNSEL- Bob Perry

1. Consider approval of Resolution No. 2016-21 authorizing the issuance and delivery of $15,860,000.00 Shawnee County, Kansas General Obligation Refunding Improvement Bonds, Series 20 16A, B and Taxable Series 20 16C-Comrnissioner Buhler.

C. PLANNING- Barry Beagle

1. Public Hearing on the request to vacate a platted 25' drainage easement in Eagle Point Subdivision No.3 and consider Order of Vacation.

D. PARKS AND RECREATION -John Knight

1. Consider authorization and execution of Contract C56-2016 with Midwest Sports Productions to provide youth tournaments for baseball and softball at the Bettis Family Sports Complex and the Lake Shawnee Girls Softball Complex.

2. Consider approval of request to fill three Program Supervisor positions at a salary of$49,318.44 each including benefits and three Sports Manager positions at a salary of $46,388.24 each including benefits.

E. EMERGENCY MANAGEMENT- Dusty Nichols

1. Consider approval of Resolution No. 2016-22 adopting the Region J Multi-Hazard, Multi­Jurisdictional Hazard Mitigation Plan.

F. PUBLIC WORKS/SOLID WASTE -Tom Vlach

1. Consider authorization and execution of Contract C57-2016, amendment of Contract C37-2011 with Century Business Technologies, Inc. to increase the copy limit for both black and white and color images for the Savin C9135 copier at the current per image rate-Solid Waste.

2. Consider awarding bid for culvert pipe sizes as well as custom fabrication to W elbom Sales, Inc. and awarding bid for end sections for 90" and larger pipe to Metal Culverts, Inc.-Public Works

3. Consider awarding bid for the purchase and delivery of 6,250 cubic yards ofHaydite light weight aggregate material to Kansas Sand and Concrete, Inc. in an amount of$290,625.00-Public Works.

G. HEALTH AGENCY -Alice Weingartner/Allison Alejos

I. Consider approval of request to fill three vacant Registered Nurse positions through a temporary staffing service, Cascade Health Services at a cost of $50.95 per hour per position--CHC.

2. Consider approval of request to create and fill an intermittent provider position at a cost not to exceed $200.00 per week--CHC.

V. ADMINISTRATIVE COMMUNICATIONS

I. Project Topeka date night drawing-Public Works/Solid Waste.

VI. EXECUTIVE SESSIONS

Shawnee County

Office of County Clerk CYNTHIA A. BECK

785-251-4155 Fax 785-251-4912 200 SE 71

h Street Room 107 www.snco.us Topeka, Kansas 66603-3963

MEMORANDUM

TO: Board of County Commissioners

FROM' Cynthia A. Beck~unty Clerk

DATE: February 29, 2016

RE: Board of County Commission minutes

Please acknowledge receipt and consider approval of Board of County Commission meeting minutes for February 11, 2016.

Thank you.

ROBERT f. PERRY, ESQ. 9422 SW Hoch Road

PO Box 359 Auburn, Kansas 66402

Voice- 785/256.2266 Ce//-785/640.1842

robertjoelperry@gmail.com February 29, 2016

MEMORANDUM

COMMISSION AGENDA: March 3, 2016

TO: Michele A. Buhler, Chairman; Robert Archer, Vice Chairman; Kevin Cook, Commissioner.

FROM: Bob Perry

Home Rule Resolution No. 2010-11 authorizes the County to prepay KDHE Loans with bond proceeds and Resolutions No. 2015-76 & No. 2016-8 authorized the (1) prepayment of a lease dated as of August 1, 2009 thereby paying all of the County's Certificates of Participation, Series 2009; (2) the preparation and distribution of the necessary offering documents, (3) the sizing and structuring of the County's General Obligation Refunding and Improvement Bonds, Series 2016A & B & Taxable Series 2016C, (4) the sale of the 2016A & B Bonds and Taxable Series 2016C Bonds and (5) the execution of the Bond Purchase Agreement (the "BP A").

Last Thursday the Bonds were sold and Betty executed the BP A to lock in the rates. This Resolution confirms the sale terms. This issue provides the County an interest cost reduction of (i) $626,146.77 for that principal portion of the 2009 Lease payments (ii) $57,951.27 for the KDHE Loan which financed the Main Sewer District No. 33 improvements and (iii) $34,136.28 for the KDHE Loan which financed the Main Sewer District No. 83 improvements. The Series 2016B Bonds will finance a portion of the electronic voting equipment acquisitions costs.

RESOLUTION NO. 2016-.lL

A RESOLUTION AUTHORIZING THE SALE, ISSUANCE AND DELIVERY OF $15,860,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2016A, SERIES 2016B AND TAXABLE SERIES 2016C, OF SHAWNEE COUNTY, KANSAS; PRESCRIBING THE FORM AND DETAILS OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

RESOLUTION NO. 2016-_

A RESOLUTION AUTHORIZING THE SALE, ISSUANCE AND DEUVERY OF $15,860,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2016A, SERIES 2016B AND TAXABLE SERIES 2016C, OF SHAWNEE COUNTY, KANSAS; PRESCRIBING THE FORM AND DETAILS OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

WHEREAS, Shawnee County, Kansas (the "County"), is a body corporate and politic duly created, organized and existing under the laws of the State of Kansas; and

WHEREAS, the County, pursuant to the provisions of applicable law, has entered into an annually appropriated lease purchase agreement dated as of August 1, 2009 (the "2009 Lease'') with Security Bank of Kansas City, Kansas City, Kansas (the "Trustee"); and

WHEREAS, the County and Trustee have entered into trust agreement dated as of August 1, 2009 (the "2009 Trust") under which the Trustee issued the County's Certificates of Participation, Series 2009 (the "Certificates") the proceeds from which ftnanced the acquisition of the various County improvements being leased under the 2009 Lease; and

WHEREAS, the 2009 Lease may be prepaid in whole and the County may purchase the projects ftnanced with the 2009 Lease, and the Trustee is to use such prepayments to pay and otherwise redeem all Certificates outstanding and thereby defease the 2009 Lease and the Trust Agreement; and

WHEREAS, the County has entered into Water Pollution Control Revolving Loans with the Kansas Department of Health and Environment ("KDHE") for Project No. C20 1038-07 and Project No. C20 1038-10, each of which has the last amendment as the Fourth Amendment effective as of November 6, 2006 (collectively the "KDHE Loans"); and

Whereas, pursuant to Section 2.05(b) of the KDHE Loans, the County may prepay the KDHE Loans upon giving KDHE 60 day notice thereof; and

WHEREAS, under County Home Rule Resolution No. 2015-6, the County may issue its general obligation bonds to prepay the 2009 Lease and thereby redeem Certificates and under County Home Rule Resolution No. 2010-11 the County may issue general obligation bonds to prepay the KDHE Loans; and

WHEREAS, by prepaying the 2009 Lease and the KDHE Loans with general obligation bond proceeds the County can reduce its interest cost and the Board deems it prudent to pay as little interest cost as the market permits; and

WHEREAS, pursuant to KSA. §§254401 et seq. & 254601 et seq, the County passed and approved County Resolution No. 2016-13 which authorized the acquisition of electronic voting equipment (the "Improvements'') and the payment thereof with general obligation bond proceeds; and

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WHEREAS, pursuant to KSA. §10-427 et seq., the County is authorized and empowered to refund any bonds, any interest on such bonds, or, both bonds and the interest thereon and may issue general obligation refunding bonds therefor; and

WHEREAS, the County in accordance with applicable law has (a) sold its General Obligation Refunding and Improvement Bonds, Series 2016A & Band Taxable Series 2016C, in the aggregate principal amount of $15,860,000 (the ''Bonds'') Ameritas Investment Corp., (the "Original Purchaser'') the proceeds from which will be used to (i) prepay the 2009 Lease, purchase the projects financed by the 2009 Lease and pay and otherwise redeem and prepay all of the Certificates, (ii) prepay the KDHE Loans, (iii) permanently finance the Improvements, (iv) refund a portion of the County's General Obligation Bonds, Series 2013 (the "2013 Bonds'') and (iv) pay issuance costs; (b) executed a Bond Purchase Agreement with the Original Purchaser for the Bonds and

WHEREAS, it is hereby found and determined that it is necessary and advisable and in the best interest of the County and of its inhabitants at this time to authorize the issuance and delivery of the Bonds (herein defined) for the purposes aforesaid under the terms and conditions herein set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, AS FOLLOWS:

ARTICLE I DEFINITIONS

Section 101. Definitions of Words and Terms. In addition to words and terms defined elsewhere herein, the following words and terms as used in this Resolution shall have the following meanings:

"Act'' means the Constitution and statutes of the State of Kansas including KSA §10-101 et seq., KSA. §10-427 et seq., KSA. §10-620 et seq., KSA. §§19-101a et seq, KSA §§25-4401 et seq. & 25-4601 et seq., County Home Rule Resolutions No. 2010-11 & No. 2015-6 and all resolutions authorized thereby, all as amended and supplemented

"Annual Financial Information" means the financial information or operating data with respect to the County, provided at least annually, of the type included in the Final Official Statement, and shall include, at a minimum, the following:

(i) Debt - Underlying Indebtedness; (ii) Financial Information- Assessed Property Valuations; (iii) Financial Information - Estimated Actual Valuation; (iv) Financial Information - Property Tax Collections; and (v) Financial Information- Property Tax Levies.

"Audited Financial Statements" means the County's annual financial statements, prepared in accordance with the GAAP for governmental units as prescribed by GASB, which financial statements shall have been audited by such auditor as shall be then required or permitted by the laws of the State.

"Authorized Costs" means the amount of proceeds necessary to pay the costs of the Improvements, prepay the 2009 Lease, purchase the projects financed by the 2009 Lease and pay the Certificates, prepay the KDHE Loans, refund a portion of the 2013 Bonds and the Cost of Issuance.

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"Bond and Interest Fund" means the Bond and Interest Fund of the County for its general obligation bonds.

"Bond Counsel" means Robert J. Perry, Esq., or any other attorney or ftrm of attorneys with a nationally recognized standing in the fteld of municipal bond ftnancing selected by the County.

"Bond Payment Date" means any date on which principal of or interest on any Bond is payable.

"Bond Register'' means the books for the registration, transfer and exchange of Bonds kept at the offtce of the Bond Registrar.

"Bond Registrar'' means the Treasurer of the State of Kansas, Topeka, Kansas, and its successors and assigns.

"Bonds" and "Series 2016A & B and Taxable Series 2016C Bonds" means the $15,860,000, aggregate principal amount Shawnee County, Kansas General Obligation Refunding and Improvement Bonds, Series 2016A & Band Taxable Series 2016C, defmed, authorized and issued by the County pursuant to County Resolutions No. 2015-76, No. 2016-8 and this Resolution.

"Business Day'' means a day other than a Saturday, Sunday or holiday on which the Paying Agent is scheduled in the normal course of its operations to be open to the public for conduct of its operations.

"Cede & Co." means Cede & Co., as nominee name of The Depository Trust Company, New York, New York.

"Certificates" means the County's Certiftcates of Participation, Series 2009.

"Chairman" means the duly elected and acting Chairman of the Board of County Commissioners, or in the Chairman's absence, the duly appointed and/or elected Vice Chairman or the Acting Chairman of the Board of County Commissioners.

"Code" means the Internal Revenue Code of 1986, as amended.

"Costs of Issuance" means all costs of issuing the Bonds, including all publication, printing, signing and mailing expenses in connection therewith, registration fees, underwriting fees, all legal fees and expenses of Bond Counsel and other legal counsel, expenses incurred in connection with compliance with the Code and with the continuing disclosure requirements with respect to the Bonds, and all expenses incurred in connection with receiving ratings on the Bonds.

"County" means Shawnee County, Kansas.

"County Clerk" means the duly appointed and/ or elected County Clerk or, in the County Clerk9s absence, the duly appointed Deputy County Clerk or Acting County Clerk.

"Dated Date" means the March 16,2016.

"Escrow Trustee" means Security Bank of Kansas City, Kansas City, Kansas.

"Escrow Trust Agreement" means that Escrow Trust Agreement dated as of March 16, 2016 by

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and between the County and the Trustee which will effectuate the prepayment of the 2009 Lease, the payment and redemption of the Certificates, the prepayment of the KDHE Loans, refunding a portion of the 2013 Bonds, payment of Improvement costs and payment of the Costs of Issuance.

"Final Official Statement'' means the final official statement prepared by the County or its representatives in connection with the sale of the Bonds and delivered to the Purchaser within seven business days after the sale of the Bonds in accordance with the SEC Rule. The Final Official Statement includes the information in the Preliminary Official Statement and as supplemented or amended.

"Fiscal Year'' means the twelve month period ending on December 31.

"Funds and Accounts" means funds and accounts created or referred to in Section 501 hereof.

"GAAP" means generally accepted accounting principles.

"GASB" means Governmental Accounting Standards Board or its successors or assigns.

"Improvements" means the acquisition of the Improvements authorized by County Resolution No. 2016-13.

"Interest Payment Date(s)" means an installment payment of interest on the Series 2016A Bonds and Taxable 2016C Bond which shall be March 1 and September 1 of each year, commencing September 1, 2016 and for the 2016B Bonds shall be March 1 and September 1 of each year commencing March 1, 2017.

"Material Event'' means any of the following events with respect to the Bonds, if material:

(a) principal or interest payment delinquencies; (b) non-payment related defaults, if material; (c) unscheduled draws on debt service reserves reflecting financial difficulties; (d) unscheduled draws on credit enhancements reflecting financial difficulties; (e) substitution of credit or liquidity providers, or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final

determinations of taxability, Notices of Proposed Issue (IRS Form 5701-1EB) or other material notices or determinations with respect to the tax status of the Bonds, or events affecting the tax-exempt status of the Bonds;

(g) modifications to rights of security holders, if material; (h) Bond calls, if material and tender offers (other than mandatory sinking fund redemptions or

redemptions as maturity); (i) defeasances; G) release, substitution, or sale of property securing repayment of the securities, if material; (k) rating changes; (1) appointment of successor trustee or additional trustee or change in name of trustee, if

material; (m) insolvency, bankruptcy or similar event taken by the County; and (n) the consummation of a merger, consolidation, or acquisition involving the County or the

sale of all or substantially all of the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material.

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"Material Event Notice" means written or electronic notice of a Material Event

"Maturity" when used with respect to any Bond means the date on which the principal of such Bond becomes due and payable as therein and herein provided, whether at the stated maturity thereof or by call for redemption or otherwise.

''NRMSIR" means the Municipal Securities Rule Making Board's Electronic Municipal Market Access website portal www.emma.msrb.org and the nationally recognized municipal securities information repository, as recognized from time to time by the Securities and Exchange Commission for the purposes referred to in the SEC Rule.

"2016A & Band Taxable Series 2016C Principal and Interest Account'' means the Principal and Interest Account for Shawnee County, Kansas, General Obligation Refunding and Improvement Bonds, Series 2016A & Band Taxable Series 2016C, created herein within the County's Bond and Interest Fund

"2016A & B Rebate Fund" means the Rebate Fund for Shawnee County, Kansas, General Obligation Refunding and Improvement Bonds, Series 2016A & B, created herein.

"Original Purchaser'' or "Purchaser'' means the Ameritas Investment Corp.

"Outstanding'' means, when used with reference to the Bonds, as of a particular date of determination, all Bonds theretofore authenticated and delivered, except the following Bonds:

(a) Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation; (b) Bonds deemed to be paid in accordance with the provisions of Section 701 hereof; and (c) Bonds in exchange for or in lieu of which other Bonds have been authenticated and delivered hereunder.

"Owner'' when used with respect to any Bond means the Person in whose name such Bond is registered on the Bond Register.

"Participants" means those financial institutions for which the Securities Depository effects book­entry transfers and pledges of securities deposited with the Securities Depository, as such listing of Participants exists at the time of such reference.

"Paying Agent'' means the Treasurer of the State of Kansas, Topeka, Kansas, and any successors and assigns.

"Permitted Investments" means those investments authorized by KSA. §10-131, as amended and supplemented, and such other provisions of Kansas law as may, from time to time, govern the investment of proceeds of the Bonds.

"Person" means any natural person, corporation, partnership, joint venture, association, firm, joint­stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof or other public body.

"Preliminary Official Statement'' means the Preliminary Official Statement which was prepared by

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the County in connection with the sale of the Bonds and distributed to potential purchasers of the Bonds before the Final Official Statement, as described in the SEC Rule, was made available.

"Purchase Price" means the purchase price paid for the Bonds as is stated in the Final Official Statement under the section captioned "Underwriting".

"Record Date" for the interest payable on any Interest Payment Date means the fifteenth day (whether or not a Business Day) preceding such Interest Payment Date.

"Redemption Date" when used with respect to any Certificate to be redeemed means the date fixed for the redemption of such Certificate pursuant to the terms of the Escrow Trust Agreement.

"Redemption Price" when used with respect to any Certificate to be redeemed means the price at which such Certificate is to be redeemed pursuant to the terms of the Escrow Trust Agreement, including the applicable redemption premium, if any, but excluding installments of interest due on or before the Redemption Date.

"Refunded Bonds" means that portion of the 2013 Bonds being refunded by the Taxable Series 2016C Bond.

"Replacement Bonds" means Bonds issued to the beneficial owners of the Bonds in accordance with Section 212 hereof.

"Resolution" means County Resolutions No. 2015-76, No. 2016-8 and this Resolution relating to the Bonds.

"SEC Report Date" means September 15 of each year, beginning September 15,2016.

"SEC Rule" means the Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time (17 CFR part 240, §240, 15c2-12).

"SID" means a state information depository as operated or designated by the State as such for the purposes referred to in the SEC Rule. There is no SID as of the date of this Resolution.

"Securities Depository'' means, initially, The Depository Trust Company, New York, New York, and its successors and assigns.

"State" means the state of Kansas.

"State Treasurer'' means the duly elected Treasurer or, tn the Treasurer's absence, the duly appointed Deputy Treasurer or acting Treasurer of the State.

"Stated Maturity" when used with respect to any Bond or any installment of interest thereon means the date specified in such Bond and this Resolution as the fixed date on which the principal of such Bond or such installment of interest is due and payable.

"Treasurer'' means the duly appointed and/ or elected Treasurer of the County or, in the Treasurer's absence, the duly appointed Deputy Treasurer or acting Treasurer of the County.

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"United States Government Obligations" means bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of; or obligations the principal of and interest on which are fully and unconditionally guaranteed as to full and timdy payment by, the United States of America, including evidences of a direct ownership interest in future interest or principal payment on obligations issued by the United States of America.

ARTICLE II AUTHORIZATION AND DETAILS OF THE BONDS

Section 201. Authorization of Prepayment of the Lease. the KDHE Loan and the Refunded Bond and Improvement Costs. The Refunded Bonds, the KDHE Loans and the 2009 Lease shall be prepaid, the projects financed with the 2009 Lease shall be purchased and the Certificates paid or redeemed on the dates set forth in the Escrow Trust Agreement. The Improvements shall be permanently fmanced with that portion of the Series 2016B Bonds allocated therefore in Section 502(c) hereof.

Section 202. Authorization of the Bonds. There shall be issued and hereby are authorized and directed to be issued Shawnee County, Kansas General Obligation Refunding and Improvement Bonds, Series 2016A in the principal amount of $13,875,000, Series 201B in the principal amount of $1,980,000 and Taxable Series 2016C in the principal amount of$5,000.

Section 203. Description of the Bonds. The Series 2016A & Band Taxable Series 2016C Bonds shall consist of fully registered bonds in the denomination of $5,000 or any integral multiple thereof, and shall be numbered in such manner as the Bond Registrar shall determine. All of the Bonds shall be dated as of the Dated Date, shall become due in the amounts on the Stated Maturities (subject to redemption and payment prior to their Stated Maturities as provided in Article III hereof), and shall bear interest as the rates per annum all as is set forth in the Maturity Exhibit attached hereto and incorporated herein by reference.

The Bonds shall bear interest at the specified rates (computed on the basis of a 360-day year of twelve 30-day months) from the later of the Dated Date or the most recent Interest Payment Date to which interest has been paid, payable on the Interest Payment Dates in the manner set forth in Section 204 hereof.

Each of the Bonds, as originally issued or issued upon transfer, exchange or substitution, shall be typed or printed in accordance with the format required by the Attorney General of the State and shall be substantially in the form attached hereto and incorporated herein or as may be required by the Attorney General pursuant to the Notice of Systems of Registration for Kansas Municipal Bonds, in accordance with the Kansas Bond Registration Law, KSA. §10-620 et seq.

Section 204. Designation of Paying Agent and Bond Registrar. The Treasurer of the State of Kansas, Topeka, Kansas, is hereby designated as the Paying Agent for the payment of principal of and interest on the Bonds and Bond Registrar with respect to the registration, transfer and exchange of Bonds. The Chairman and County Clerk of the County are hereby authorized and empowered to execute on behalf of the County an agreement with the Bond Registrar and Paying Agent for the Bonds.

The County will at all times maintain a Paying Agent and Bond Registrar meeting the qualifications herein described for the performance of the duties hereunder. The County reserves the right to appoint a successor Paying Agent or Bond Registrar by (1) filing with the Paying Agent or Bond Registrar then performing such function a certified copy of the proceedings giving notice of the termination of such Paying Agent or Bond Registrar and appointing a successor, and (2) causing notice of appointment of the successor

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Paying Agent and Bond Registrar to be given by first class mail to each Owner. No resignation or removal of the Paying Agent or Bond Registrar shall become effective until a successor has been appointed and has accepted the duties of Paying Agent or Bond Registrar.

Every Paying Agent or Bond Registrar appointed hereunder shall at all times meet the requirements of KSA. §10-501 et seq. and KSA. §10--620 et seq., respectively.

Section 205. Method and Place of Payment of the Bonds. The principal of or Redemption Price and interest on the Bonds shall be payable in any coin or currency which, on the respective dates of payment thereof; is legal tender for the payment of public and private debts.

The principal or Redemption Price of each Bond shall be paid at Maturity to the Person in whose name such Bond is registered on the Bond Register at the Maturity thereof; by check or draft upon presentation and surrender of such Bond at the office of the Paying Agent.

The interest payable on each Bond on any Interest Payment Date shall be paid to the Owner of such Bond as shown on the Bond Register at the close of business on the Record Date for such interest (a) by check or draft mailed by the Paying Agent to the address of such Owner shown on the Bond Register or (b) in the case of an interest payment to any Owner of $500,000 or more in aggregate principal amount of Bonds, by electronic transfer to such Owner upon written notice given to the Bond Registrar and signed by such Owner, not less than 15 days prior to the Record Date for such interest, containing the electronic transfer instructions including the bank (which shall be in the continental United States), ABA routing number and account number to which such Owner wishes to have such transfer directed.

Section 206. Registration, Transfer and Exchange of Bonds. The County covenants that, as long as any of the Bonds remain Outstanding, it will cause the Bond Register to be kept at the office of the Bond Registrar as herein provided. Each Bond when issued shall be registered in the name of the Owner thereof on the Bond Register.

Bonds may be transferred and exchanged only on the Bond Register as provided in this Section. Upon surrender of any Bond at the office of the Bond Registrar, the Bond Registrar shall transfer or exchange such Bond for a new Bond or Bonds in any authorized denomination of the same Stated Maturity and in the same aggregate principal amount as the Bond that was presented for transfer or exchange.

Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in a form and with guarantee of signature satisfactory to the Bond Registrar, duly executed by the Owner thereof or by the Owner's duly authorized agent.

In all cases in which the privilege of transferring or exchanging Bonds is exercised, the Bond Registrar shall authenticate and deliver Bonds in accordance with the provisions of this Resolution. The County shall pay the fees and expenses of the Bond Registrar for the registration, transfer and exchange of Bonds provided for by this Resolution and the cost of printing a reasonable supply of registered bond blanks. Any additional costs or fees that might be incurred in the secondary market, other than fees of the Bond Registrar, are the responsibility of the Owners of the Bonds. In the event any Owner fails to provide a correct taxpayer identification number to the Paying Agent, the Paying Agent may make a charge against such Owner sufficient to pay any governmental charge required to be paid as a result of such failure. In compliance with Section 3406 of the Code, such amount may be deducted by the Paying Agent from amounts otherwise payable to such Owner hereunder or under the Bonds.

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The County and the Bond Registrar shall not be required (a) to register the transfer or exchange of any Bond that has been called for redemption after notice of such redemption has been mailed by the Paying Agent pursuant to Section 303 hereof and during the period of 15 days next preceding the date of mailing of such notice of redemption; or (b) to register the transfer or exchange of any Bond during a period beginning at the opening of business on the day after receiving written notice from the County of its intent to pay Defaulted Interest and ending at the close of business on the date fixed for the payment of Defaulted Interest pursuant to Section 205 hereof.

The County and the Paying Agent may deem and treat the Person in whose name any Bond is registered on the Bond Register as the absolute Owner of such Bond, whether such Bond is overdue or not, for the purpose of receiving payment of; or on account of; the principal or Redemption Price of and interest on said Bond and for all other purposes. All payments so made to any such Owner or upon the Owner's order shall be valid and effective to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the County nor the Paying Agent shall be affected by any notice to the contrary.

At reasonable times and under reasonable regulations established by the Bond Registrar, the Bond Register may be inspected and copied by the Owners of 10% or more in principal amount of the Bonds then Outstanding or any designated representative of such Owners whose authority is evidenced to the satisfaction of the Bond Registrar.

Section 207. Execution, Registration, Authentication and Delivery of Bonds. Each of the Bonds, including any Bonds issued in exchange or as substitutions for the Bonds initially delivered, shall be executed for and on behalf of the County by the manual or facsimile signature of the Chairman, attested by the manual or facsimile signature of the County Clerk and the seal of the County shall be afftxed thereto or imprinted thereon. The Chairman and County Clerk are hereby authorized and directed to prepare and execute the Bonds in the manner herein specified, and to cause the Bonds to be registered in the office of the County Clerk, which registration shall be evidenced by the manual or facsimile signature of the County Clerk with the seal of the County afftxed thereto or imprinted thereon. The Bonds shall also be registered in the office of the State Treasurer, which registration shall be evidenced by the manual or facsimile signature of the State Treasurer with the seal of the State Treasurer affixed thereto or imprinted thereon. In case any officer whose signature appears on any Bonds ceases to be such officer before the delivery of such Bonds, such signature shall nevertheless be valid and sufficient for all purposes, as if such person had remained in office until delivery. Any Bond may be signed by such persons who at the actual time of the execution of such Bond are the proper officers to sign such Bond although at the date of such Bond such persons may not have been such officers.

The Series 2016A & Band Taxable Series 2016C Bonds shall have endorsed thereon a certificate of authentication; all of which shall be manually executed by the Bond Registrar or an authorized representative of the Bond Registrar, but it shall not be necessary that the same representative of the Bond Registrar sign the certificate of authentication on all of the Bonds that may be issued hereunder at any one time. No Bond shall be entitled to any security or benefit under this Resolution or be valid or obligatory for any purpose unless and until such certificate of authentication has been duly executed by the Bond Registrar. Such executed certificate of authentication upon any Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Resolution. Upon authentication, the Bond Registrar shall deliver the Bonds to the Purchaser upon instructions of the County or its representative.

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Section 208. Mutilated, Lost, Stolen or Destroyed Bonds. If (a) any mutilated Bond is surrendered to the Bond Registrar or the Bond Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Bond, and (b) there is delivered to the County and the Bond Registrar such security or indemnity as may be required by the Bond Registrar, then, in the absence of notice to the County or the Bond Registrar that such Bond has been acquired by a bona fide purchaser, the County shall execute and the Bond Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same Stated Maturity and of like tenor and principal amount.

If any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Bond Registrar, in its discretion, may pay such Bond instead of issuing a new Bond.

Upon the issuance of any new Bond under this Section, the County may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith.

Every new Bond issued pursuant to this Section shall constitute a replacement of the prior obligation of the County, and shall be entided to all the benefits of this Resolution equally and ratably with all other Outstanding Bonds.

Section 209. Cancellation and Destruction of Bonds Upon Payment. All Bonds that have been paid or redeemed or that otherwise have been surrendered to the Paying Agent, either at or before Maturity, shall be canceled by the Paying Agent immediately upon the payment, redemption and surrender thereof to the Paying Agent and subsequendy destroyed in accordance with the customary practices of the Paying Agent. The Paying Agent shall execute a certificate in duplicate describing the Bonds so canceled and destroyed and shall file an executed counterpart of such certificate with the County.

Section 210. Preliminary and Final Official Statement. The Preliminary Official Statement and Final Official Statement are hereby ratified and approved. The Chairman's execution of the Final Official Statement as so supplemented, amended and completed, and the use and public distribution of the Final Official Statement by the Purchasers in connection with the reoffering of the Bonds is hereby ratified and approved. The proper officials of the County are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds.

Section 211. Sale of the Bonds. The sale of the Bonds to the Purchaser and the execution of the Bond Purchase Agreement is hereby ratified and confirmed. Delivery of the Bonds shall be made to the Purchaser as soon as practicable after the passage of this Resolution, upon payment of the Purchase Price.

Section 212. Book-Entry Bonds; Securities Depository.

(a) The Bonds shall initially be registered to Cede & Co., the nominee for the Securities Depository, and no beneficial owner will receive certificates representing their respective interests in the Bonds, except in the event the Bond Registrar issues Replacement Bonds as provided in subsection (b) hereof. It is anticipated that during the term of the Bonds, the Securities Depository will make book-entry transfers among its Participants and receive and transmit payment of principal of; premium, if any, and interest on, the Bonds to the Participants until and unless the Bond Registrar authenticates and delivers Replacement Bonds to the beneficial owners as described in subsection (b).

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(b) (1) If the County determines (A) that the Securities Depository is unable to properly discharge its responsibilities, or (B) that the Securities Depository is no longer qualified to act as a securities depository and registered clearing agency under the Securities and Exchange Act of 1934, as amended, or (C) that the continuation of a book-entry system to the exclusion of any Bonds being issued to any Owner other than Cede & Co. is no longer in the best interests of the beneficial owners of the Bonds, or (2) if the Bond Registrar receives written notice from Participants having interests in not less than 50% of the Bonds Outstanding, as shown on the records of the Securities Depository (and certified to such effect by the Securities Depository), that the continuation of a book-entry system to the exclusion of any Bonds being issued to any Owner other than Cede & Co. is no longer in the best interests of the beneficial owners of the Bonds, then the Bond Registrar shall notify the Owners of such determination or such notice and of the availability of certificates to Owners requesting the same, and the Bond Registrar shall register in the name of and authenticate and deliver Replacement Bonds to the beneficial owners or their nominees in principal amounts representing the interest of each, making such adjustments as it may find necessary or appropriate as to accrued interest and previous calls for redemption; provided, that in the case of a determination under (1)(A) or (l)(B) of this subsection (b), the County, with the consent of the Bond Registrar, may select a successor securities depository in accordance with Section 211(c) hereof to effect book-entry transfers. In such event, all references to the Securities Depository herein shall relate to the period of time when the Securities Depository has possession of at least one Bond. Upon the issuance of Replacement Bonds, all references herein to obligations imposed upon or to be performed by the Securities Depository shall be deemed to be imposed upon and performed by the Bond Registrar, to the extent applicable with respect to such Replacement Bonds. If the Securities Depository resigns and the County, the Bond Registrar or Owners are unable to locate a qualified successor of the Securities Depository in accordance with Section 211(c) hereof; then the Bond Registrar shall authenticate and cause delivery of Replacement Bonds to Owners, as provided herein. The Bond Registrar may rely on information from the Securities Depository and its Participants as to the names of the beneficial owners of the Bonds and shall not be responsible for any investigation to determine the beneficial owners. The cost of printing, registration, authentication and delivery of Replacement Bonds shall be paid for by the County.

(c) In the event the Securities Depository resigns, is unable to properly discharge its responsibilities, or is no longer qualified to act as a securities depository and registered dearing agency under the Securities and Exchange Act of 1934, as amended, the County may appoint a successor Securities Depository provided the Bond Registrar and the County receive written evidence with respect to the ability of the successor Securities Depository to discharge its responsibilities. Any such successor Securities Depository shall be a securities depository which is a registered clearing agency under the Securities and Exchange Act of 1934, as amended, or other applicable statute or regulation that operates a securities depository upon reasonable and customary terms. The Bond Registrar upon its receipt of a Bond or Bonds for cancellation shall cause the delivery of Bonds to the successor Securities Depository in appropriate denominations and form as provided herein.

ARTICLE III REDEMPTION OF BONDS

Section 301. Redemption by County.

2016A & B Bonds: Optional Redemption: The 2016A and 2016B Bonds which mature September 1, 2026 and thereafter are subject to optional prepayment and redemption on September 1, 2025 and thereafter, in whole or in part, at any time, at par.

Taxable 2016C Bond: The Taxable Series 2016C Bond is not subject to redemption prior to maturity.

Section 302. Selection of Bonds to be Redeemed. Bonds shall be redeemed only in the principal

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amount of $5,000 or any integral multiple thereof. When less than all of the Bonds of the same maturity are to be redeemed and paid prior to their Stated Maturity, the Bonds to be redeemed shall be selected by the Bond Registrar in $5,000 units of principal amount in such equitable manner as the Bond Registrar may determine.

In the case of a partial redemption of Bonds by lot when Bonds of denominations greater than $5,000 are then Outstanding, then for all purposes in connection with such redemption each $5,000 of face value shall be treated as though it were a separate Bond of the denomination of $5,000 If it is determined that one or more, but not all, of the $5,000 units of face value represented by any Bond is selected for redemption, then upon notice of intention to redeem such $5,000 unit or units, the Owner or the Owner's duly authorized agent shall forthwith present and surrender such Bond to the Bond Registrar: (1) for payment of the Redemption Price and interest to the Redemption Date of such $5,000 unit or units of face value called for redemption, and (2) for exchange, without charge to the Owner thereof; for a new Bond or Bonds of the aggregate principal amount of the unredeemed portion of the principal amount of such Bond. If the Owner of any such Bond fails to present such Bond to the Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the redemption date to the extent of the $5,000 unit or units of face value called for redemption (and to that extent only).

Section 303. Notice and Effect of Call for Redemption. In the event of a call of the Bonds for redemption prior to maturity, written notice of such intent shall be provided to the Bond Registrar in accordance with KSA. §10-129, as amended, not less than 45 days prior to the Redemption Date; provided, however, that no such written notice shall be required for the mandatory redemption of Term Bonds, if any, and Term Bonds shall be called by the Bond Registrar for redemption and notice of redemption shall be given by the Bond Registrar without any further action by the County. The Bond Registrar shall call Bonds for redemption and payment and shall give notice of such redemption as herein provided upon receipt by the Bond Registrar at least 45 days prior to the Redemption Date of written instructions of the County specifying the principal amount, Stated Maturities, Redemption Date and Redemption Prices of the Bonds to be called for redemption. If the Bonds are refunded more than 90 days in advance of such Redemption Date, any escrow agreement entered into by the County in connection with such refunding shall provide that such written instructions to the Paying Agent shall be given by the escrow agent on behalf of the County not more than 90 days prior to the Redemption Date. The Paying Agent may in its discretion waive such notice period so long as the requirements for notices to the Owners set forth in this Section 303 are met.

Unless waived by any Owner of Bonds to be redeemed, the Bond Registrar shall give written notice of the redemption of said Bonds on a specified date, the same being described by maturity, said notice to be mailed by United States first class mail addressed to the Owners of said Bonds to be redeemed and to the Original Purchasers of the Bonds, each of said notices to be mailed not less than 30 days prior to the date fixed for redemption. The County and Bond Registrar shall also give such additional notice as may be required by Kansas law or regulations of the Securities and Exchange Commission in effect as of the date of such notice.

For so long as the Securities Depository is affecting book-entry transfers of the Bonds, the Bond Registrar shall provide the notices specified in this Section to the Securities Depository. It is expected that the Securities Depository shall, in turn, notify its Participants and that the Participants, in turn, will notify or cause to be notified the beneficial owners. Any failure on the part of the Securities Depository or a Participant, or failure on the part of a nominee of a beneficial owner of a Bond (having been mailed notice from the Bond Registrar, the Securities Depository, a Participant or otherwise) to notify the beneficial owner of the Bond so affected, shall not affect the validity of the redemption of such Bond.

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All official notices of redemption shall be dated and shall contain the following information:

(a) the Redemption Date; (b) the Redemption Price; (c) if less than all Outstanding Bonds of a Stated Maturity are to be redeemed, the identification

(and, in the case of partial redemption of any Bonds, the respective principal amounts) of the Bonds to be redeemed;

(d) a statement that on the Redemption Date the Redemption Price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after the Redemption Date; and

(e) the place where such Bonds are to be surrendered for payment of the Redemption Price, which shall be the principal office of the Paying Agent.

With respect to any notice given pursuant to this Section 303, the failure of any Owner to receive notice given as heretofore provided or any defect therein shall not invalidate any redemption.

Prior to any Redemption Date, the County shall deposit with the Paying Agent an amount of money sufficient to pay the Redemption Price of all the Bonds or portions of Bonds that are to be redeemed on such Redemption Date.

Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds to be redeemed shall become due and payable on the Redemption Date, at the Redemption Price therein specified, and from and after the Redemption Date (unless the County defaults in the payment of the Redemption Price) such Bonds or portion of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with such notice, the Redemption Price of such Bonds shall be paid by the Paying Agent. Installments of interest due on or prior to the Redemption Date shall be payable as herein provided for payment of interest. Upon surrender for any partial redemption of any Bond, there shall be prepared for the Owner a new Bond or Bonds of the same Stated Maturity in the amount of the unpaid principal as provided herein. All Bonds that have been surrendered for redemption shall be canceled and destroyed by the Paying Agent as provided herein and shall not be reissued.

The Paying Agent is also directed to comply with any mandatory or voluntary standards then in effect for processing redemptions of municipal securities established by the State or the Securities and Exchange Commission. Failure to comply with such standards shall not affect or invalidate the redemption of any Bond.

ARTICLE IV SECURITY FOR AND PAYMENT OF BONDS

Section 401. Security for the Bonds. The Bonds shall be general obligations of the County payable from general tax levies or special assessments levied upon the property benefited by the construction of certain improvements, and in part from lawfully available funds of the County, and, if not so paid, then from ad valorem property taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the County. The full faith, credit and resources of the County are hereby irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become due.

Section 402. Levy and Collection of Annual Tax and/or Assessments. The Board of County Commissioners of the County shall annually make provision for the payment of principal of; premium, if any,

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and interest on the Bonds as the same become due by levying and collecting the necessary taxes and/ or assessments upon all of the taxable tangible property within the County in the manner provided by law.

The taxes and/ or assessments referred to above shall be extended upon the tax rolls in each of the several years, respectively, and shall be levied and collected at the same time and in the same manner as the other ad valorem taxes of the County are levied and collected. The proceeds derived from said taxes and/ or assessments shall be deposited in the 2016 Principal and Interest Account, shall be kept separate and apart from all other funds of the County and shall be used solely for the payment of the principal of and interest on the Bonds as and when the same become due, taking into account any scheduled mandatory redemptions, and the fees and expenses of the Bond Registrar and Paying Agent.

If at any time said taxes and/ or assessments are not collected in time to pay the principal of or interest on the Bonds when due, the Treasurer is hereby authorized and directed to pay said principal or interest out of the general funds of the County and to reimburse said general funds for money so expended when said taxes and/ or assessments are collected.

ARTICLEV ESTABLISHMENT OF FUNDS AND ACCOUNTS

DEPOSIT AND APPLICATION OF MONEYS

Section 501. Establishment of Funds and Accounts. Simultaneously with the issuance of the Bonds, there shall be created within the treasury of the County the following funds and accounts:

(a) the "Principal and Interest Account for Shawnee County, Kansas, General Obligation Refunding and Improvement Bonds, Series 2016A & B and Taxable Series 2016C" (the "2016A & B and 2016C Principal and Interest Account"); and

(b) the "Rebate Fund for Shawnee County, Kansas, General Obligation Refunding and Improvement Bonds, Series 2016A & B" (the "2016A & B Rebate Fund").

The Funds and Accounts established herein shall be administered in accordance with the provisions of this Resolution so long as the Bonds are Outstanding.

Section 502. Disposition of Bond Proceeds. The proceeds of the Bonds, upon issuance and delivery thereof, shall be deposited as follows:

(a) In the 2016A & Band Taxable Series 2016C Principal and Interest Account, a sum equal to the accrued interest, if any, paid on the Series 2016A & Band Taxable 2016C Bonds in such amounts as stated in the Closing Memorandum delivered at the time of issuance of the Bonds ("Closing Memorandum").

(b). $14,603,401.65 of 2016A Bond proceeds (principal amount of 2016A Bonds plus premium in the amount of $971,214.15, less Underwriter discount of $242,812.50) will be deposited with the Escrow Trustee to be invested and spent in accordance with the Escrow Trust Agreement.

(c). $2,058,840.10 of 2016B Bond proceeds (principal amount of 2016B Bonds plus premium in the amount of $113,490.10, less Underwriter discount of $34,650.00) will be deposited with the Escrow Trustee to be invested and spent in accordance with the Escrow Trust Agreement to acquire the Improvements.

(d). $5,000.00 of Taxable Series 2016C Bond proceeds will be deposited with the Escrow Trustee

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to be invested and spent in accordance with the Escrow Trust Agreement

Section 503. Application of Moneys in 2016A & Band Taxable Series 2016C Principal and Interest Account.

All amounts paid and credited to the 2016A & B and Taxable Series 2016C Principal and Interest Account shall be expended and used by the County for the sole purpose of paying the principal or Redemption Price of and interest on the Bonds as and when the same become due and the usual and customary fees and expenses of the Bond Registrar and Paying Agent The Treasurer is authorized and directed to withdraw from the 2016 Principal and Interest Account sums sufficient to pay both principal or Redemption Price of and interest on the Bonds and the fees and expenses of the Bond Registrar and Paying Agent as and when the same become due, and to forward such sums to the Paying Agent in such manner and at such times as are agreed to by the County and the Paying Agent. If through the lapse of time or otherwise, the Owners of Bonds are no longer entitled to enforce payment of the Bonds or the interest thereon, the Paying Agent shall return said funds to the County. All moneys deposited with the Paying Agent shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution and shall be held in trust by the Paying Agent for the benefit of the Owners of the Bonds entitled to payment from such moneys.

Any moneys or investments remaining in the 2016A & B and Taxable Series 2016C Principal and Interest Account after the retirement of the indebtedness for which the Bonds were issued shall be transferred and paid into the Bond and Interest Fund of the County.

Section 504. Application of Moneys in the 2016A & B Rebate Fund.

(a)(l) There shall be deposited in the 2016A & B Rebate Fund such amounts as are required to be deposited therein pursuant to the Arbitrage Certificate, if applicable to the Bonds. All money at any time deposited in the 2016A & B Rebate Fund shall be held in trust, to the extent required to pay rebatable arbitrage to the United States of America, and neither the County nor the Owner of any Bonds shall have any rights in or claim to such money. All amounts deposited into or on deposit in the 2016A & B Rebate Fund shall be governed by this Section and the Arbitrage Certificate.

(2) The County shall periodically determine the rebatable arbitrage, if any, under Section 148(f) of the Code in accordance with the Arbitrage Certificate, and the County shall make payments to the United States of America at the times and in the amounts determined under the Arbitrage Certificate. Any moneys remaining in the 2016A & B Rebate Fund after redemption and payment of all of the Bonds and payment and satisfaction of any rebatable arbitrage, or provision made therefor, shall be deposited into the Bond and Interest Fund of the County.

(b) Notwithstanding any other provision of this Resolution, including in particular Article VII hereof; the obligation to pay rebatable arbitrage to the United States of America and to comply with all other requirements of this Section and the Arbitrage Certificate shall survive the defeasance or payment in full of the Bonds.

(c) The Arbitrage Certificate may be amended or replaced if; in the opinion of Bond Counsel, such amendment or replacement will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds.

Section 505. Deposits and Investment of Moneys. Moneys in each of the Funds and Accounts shall be deposited in a bank or banks or federal or state chartered savings and loan association(s) or other

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institutions as permitted by the laws of the State, which are members of the Federal Deposit Insurance Corporation. All such deposits shall be continuously and adequately secured by the financial institutions holding such deposits as provided by the laws of the State. All moneys held in the Funds and Accounts shall be kept separate and apart from all other funds of the County so that there shall be no commingling of such funds with any other funds of the County.

Moneys held in the Funds and Accounts may be invested by the County in Permitted Investments or in other investments allowed by Kansas law in such amounts and maturing at such times as shall reasonably provide for moneys to be available when required in said accounts or funds; provided, however, that no such investment shall be made for a period extending longer than to the date when the moneys invested may be needed for the purpose for which such fund or account was created. All interest on any Permitted Investment held in any fund or account (except amounts required to be deposited in the 2016 Rebate Fund in accordance with the Arbitrage Certificate) shall accrue to and become a part of such fund or account. In determining the amount held in any fund or account under the provisions of the Resolution, Permitted Investments shall be valued at their principal par value or at their then redemption value, whichever is lower.

Section 506. Non-presentment of Bonds. If any Bond is not presented for payment when the principal thereof becomes due at Maturity, if funds sufficient to pay such Bond have been made available to the Paying Agent all liability of the County to the Owner thereof for the payment of such Bond shall forthwith cease, determine and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the Owner of such Bond, who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, said Bond. If any Bond is not presented for payment within six years following the date when such Bond becomes due at Maturity, the Paying Agent shall repay to the County the funds, without liability for interest thereon, theretofore held by it for payment of such Bond, and such Bond shall, subject to the defense of any applicable statute of limitation, thereafter be an unsecured obligation of the County, and the Owner thereof shall be entitled to look only to the County for payment, and then only to the extent of the amount so repaid to it by the Paying Agent, and the County shall not be liable for any interest thereon and shall not be regarded as a trustee of such money.

ARTICLE VI DEFAULT AND REMEDIES

Section 601. Remedies. The provisions of the Resolution, including the covenants and agreements herein contained, shall constitute a contract between the County and the Owners of the Bonds. If an Event of Default occurs and shall be continuing, the Owner or Owners of not less than 10% in principal amount of the Bonds at the time Outstanding shall have the right for the equal benefit and protection of all Owners of Bonds similarly situated:

(a) by mandamus or other suit, action or proceedings at law or in equity to enforce the rights of such Owner or Owners against the County and its officers, agents and employees, and to require and compel duties and obligations required by the provisions of the Resolution or by the Constitution and laws of the State;

(b) by suit, action or other proceedings in equity or at law to require the County, its officers, agents and employees to account as if they were the trustees of an express trust; and

(c) by suit, action or other proceedings in equity or at law to enjoin any acts or things which may be unlawful or in violation of the rights of the Owners of the Bonds.

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Section 602. Limitation on Rights of Owners. The covenants and agreements of the County contained herein and in the Bonds shall be for the equal benefit, protection, and security of the Owners of any or all of the Bonds, all of which Bonds shall be of equal rank and without preference or priority of one Bond over any other Bond in the application of the funds herein pledged to the payment of the principal of and the interest on the Bonds, or otherwise, except as to rate of interest, date of maturity and right of prior redemption as provided in this Resolution. No one or more Owners secured hereby shall have any right in any manner whatever by his or their action to affect, disturb or prejudice the security granted and provided for herein, or to enforce any right hereunder, except in the manner herein provided, and all proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Outstanding Bonds.

Section 603. Remedies Cumulative. No remedy conferred herein upon the Owners is intended to be exclusive of any other remedy, but each such remedy shall be cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred herein. No waiver of any default or breach of duty or contract by the Owner of any Bond shall extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the Owners of the Bonds by this Resolution may be enforced and exercised from time to time and as often as may be deemed expedient. If action or proceedings taken by any Owner on account of any default or to enforce any right or exercise any remedy has been discontinued or abandoned for any reason, or shall have been determined adversely to such Owner, then, and in every such case, the County and the Owners of the Bonds shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies, powers and duties of the Owners shall continue as if no such suit, action or other proceedings had been brought or taken.

ARTICLE VII DEFEASANCE

Section 701. Defeasance. When any or all of the Bonds or scheduled interest payments thereon have been paid and discharged, then the requirements contained in this Resolution and the pledge of the County's faith and credit hereunder and all other rights granted hereby shall terminate with respect to the Bonds or scheduled interest payments thereon so paid and discharged. Bonds or scheduled interest payments thereon shall be deemed to have been paid and discharged within the meaning of this Resolution if there has been deposited with the Paying Agent, or a commercial bank or trust company located in the State and having full trust powers, at or prior to the Stated Maturity or Redemption Date of said Bonds or the interest payments thereon, in trust for and irrevocably appropriated thereto, moneys and/ or Defeasance Obligations which, together with the interest to be earned on any such Defeasance Obligations, will be sufficient for the payment of the principal of said Bonds and/ or interest accrued to the Stated Maturity or Redemption Date, or if default in such payment has occurred on such date, then to the date of the tender of such payments; provided, however, that if any such Bonds are to be redeemed prior to their Stated Maturity, (1) the County has elected to redeem such Bonds, and (2) either notice of such redemption has been given, or the County has given irrevocable instructions, or shall have provided for an escrow agent to give irrevocable instructions, to the Bond Registrar to give such notice of redemption in compliance with Section 303 of this Resolution. Any money and Defeasance Obligations that at any time shall be deposited with the Paying Agent or such commercial bank or trust company by or on behalf of the County, for the purpose of paying and discharging any of the Bonds, shall be and are hereby assigned, transferred and set over to the Paying Agent or such bank or trust company in trust for the respective Owners of the Bonds, and such moneys shall be and are hereby irrevocably appropriated to the payment and discharge thereo£ All money and Defeasance Obligations

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deposited with the Paying Agent or such bank or trust company shall be deemed to be deposited in accordance with and subject to all of the provisions of this Resolution.

ARTICLE VIII TAX COVENANTS

Section 801. General Covenants. (a) The County covenants and agrees that (1) it will comply with all applicable provisions of the Code, including Sections 103 and 141 through 150, necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on the 2016A & B Bonds and (2) it will not use or permit the use of any proceeds of 2016A & B Bonds or any other funds of the County, will not take or permit any other action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the 2016A & B Bonds. The County will, in addition, adopt such other resolutions and take such other actions as may be necessary to comply with the Code and with all other applicable future laws, regulations, published rulings and judicial decisions, in order to ensure that the interest on the 2016A & B Bonds will remain excluded from federal gross income, to the extent any such actions can be taken by the County.

(b) The County covenants and agrees that (1) it will use the proceeds of the 2016A & B Bonds as soon as practicable and with all reasonable dispatch for the purposes for which the 2016A & B Bonds are issued, and (2) it will not invest or directly or indirectly use or permit the use of any proceeds of the 2016A & B Bonds or any other funds of the County in any manner, or take or omit to take any action, that would cause the 2016A & B Bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the Code.

(c) The County covenants and agrees that it will not use any portion of the proceeds of the 2016A & B Bonds, including any investment income earned on such proceeds, directly or indirectly, in a manner that would cause any Bond to be a "private activity bond" within the meaning of Section 141 of the Code.

(d) The 2016A & B Bonds are not designated as a "qualified obligation:" within the meaning of Section 265(b)(3) of the Code.

(e) The County expects to spend the 2016A Bond proceeds as follows: (i) on the Issue Date $12,238,257.37 will purchase certain government obligations and cash in the amount of $462.22 will be irrevocably deposited with the Escrow Trustee and pledged to pay interest, principal and prepay and redeem all 2009 Certificates and redeem the callable Certificates on September 1, 2019, the first call date; (ii) $2,298,263.75 will be irrevocably deposited with the Escrow Trustee to be held as cash or invested for a period of time less than 90 days to prepay the KDHE Loans on or before April 15, 2016; and (iii) the remainder will be spent for costs of issuance within 60 days of the Issue Date.

The County expects to spend the 2016B Bond proceeds as follows: (i) $2,050,000 will spent to acquire the Improvements within six months of the Issue Date; and (ii) the remainder will be spent for costs of issuance within 60 days of the Issue Date.

Section 802. Rebate Covenant. The County covenants and agrees that it will pay or provide for the payment from time to time all amounts required to be rebated to the United States pursuant to Section 148(f) of the Code and the Arbitrage Certificate. This covenant shall survive payment in full or defeasance of the 2016A & B Bonds. The Arbitrage Certificate may be amended or replaced if; in the opinion of Bond Counsel such amendment or replacement will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the 2016A & B Bonds.

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Section 803. Tax and SEC Compliance Policy and Procedure. The County hereby adopts a revised Tax and Securities Policy and Procedures set forth in the document presented to the Board this date. Such policy and procedures for compliance may be amended as recommended by Bond Counsel.

Section 804. Survival of Covenants. The covenants contained in this Article shall remain in full force and effect notwithstanding the defeasance of the 2016A & B Bonds pursuant to Article VII hereof or any other provision of this Resolution until the fmal maturity date of all2016A & B Bonds Outstanding.

ARTICLE IX CONTINUING DISCLOSURE REQUIREMENTS

Section 901. Continuing Disclosure. (a) This Section constitutes the written undertaking for the benefit of the holders of the Bonds required by Section (b) (5) (i) of the SEC Rule.

(b) The County, as an "obligated person" within the meaning of the SEC Rule, undertakes to provide the following information as provided in this Section:

(1) Annual Financial Information; (2) Audited Financial Statements; (3) Material Event Notices.

(c) (1) The County shall while any Bonds are Outstanding provide the Annual Financial Information, on or before the SEC Report Date, to each then existing NRMSIR and the SID, if any. The County may adjust the SEC Report Date if the County changes its fiscal year by providing written notice of the change of fiscal year and the new SEC Report Date to each then existing NRMSIR and the SID, if any; provided that the new SEC Report Date shall be six months after the end of the new fiscal year and provided further that the period between the final SEC Report Date relating to the former fiscal year and the initial SEC Report Date relating to the new fiscal year shall not exceed one year in duration. It shall be sufficient if the County provides to each then existing NRMSIR and the SID, if any, the Annual Financial Information by specific reference to documents previously provided to each NRMSIR and the SID, if any, or filed with the Securities and Exchange Commission and, if such a document is a fmal official statement with the meaning of the Rule, available from the MSRB.

(2) If not provided as part of the Annual Financial Information, the County shall provide the Audited Financial Statements when and if available while any Bonds are Outstanding to each then existing NRMSIR and the SID, if any.

(3) If a Material Event occurs while any Bonds are Outstanding, the County shall provide a Material Event Notice in a timely manner to the MSRB and the SID, if any. Each Material Event Notice shall be so captioned and shall prominendy state the date, tide and CUSIP numbers of the Bonds.

(4) The County shall provide in a timely manner to the MSRB and to the SID, if any, notice of any failure by the County while any Bonds are Outstanding to provide to each then existing NRMSIR and the SID, if any, Annual Financial Information on or before the SEC Report Date.

(d) Any failure by the County to perform in accordance with this Section shall not constitute an "event of default" under this Resolution, and the rights and remedies provided by Article V upon the occurrence of an event of default shall not apply to any such failure.

The continuing obligation hereunder of the County to provide Annual Financial Information, Audited Financial Statements and Material Event Notices with respect to each series of Bonds shall terminate immediately once such series of Bonds are no longer are Outstanding. This Section, or any provision hereof;

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shall be null and void in the event that the County delivers to each then existing NRMSIR, and the SID, if any, an opinion of Bond Counsel to the effect that those portions of the SEC Rule which require this Section, or any such provision, are invalid, have been repealed retroactively or otherwise do not apply to the Bonds. This Section may be amended without the consent of the holders of the Bonds, but only upon the delivery by the County to the SID, if any, of the proposed amendment, the reasons for the amendment and the impact of such amendment on the type of Audited Financial Information and Audited Financial Statements required to be provided under this Section.

ARTICLE X ESCROW TRUSTEE

Section 1001. Designation of Escrow Trustee. That the County hereby designates Security Bank of Kansas City, Kansas City, Kansas, a bank, having full trust powers and being a member of the Federal Deposit Insurance Corporation as the escrow trustee (the "Escrow Trustee").

Section 1002. Authorization of Escrow Trust Agreement. That the Chairman and the Clerk are hereby authorized and directed to execute the Escrow Trust Agreement dated as of March 16, 2016, (the "Escrow Trust Agreement") by and between the County and the Escrow Trustee. The form of the Escrow Trust Agreement is hereby approved and said document is hereby incorporated in this Resolution as though fully set forth herein. The Chairman or Vice Chairman is hereby authorized to execute the Escrow Trust Agreement with any changes, insertions and omissions as in the sole opinion of the Chairman, upon the advice of counsel, are necessary and desirable, and the Clerk is hereby authorized and directed to attest the Chairman's signature, such execution and attestation being conclusive as to the approval, correctness and completeness of said Escrow Trust Agreement.

Section 1003. Investment. That the Escrow Trustee shall spend the funds on deposit in the Escrow Fund in the manner specified by the Escrow Trust Agreement and secure any cash balance in said Escrow Fund as required by law.

Section 1004. Sufficient Funds. That if for any reason, at any time, the funds on hand in the Escrow Fund shall be insufficient to meet the payments required as the same shall become due and payable, the County shall forthwith deposit in the Escrow Fund such additional funds as may be required to fully meet the amount due and payable.

ARTICLE XI MISCELLANEOUS PROVISIONS

Section 1101. Amendments. The rights and duties of the County and the Owners, and the terms and provisions of the Bonds or of this Resolution, may be amended or modified at any time in any respect by resolution of the County with the written consent of the Owners of not less than a majority in principal amount of the Bonds then Outstanding, such consent to be evidenced by an instrument or instruments executed by such Owners and duly acknowledged or proved in the manner of a deed to be recorded, and such instrument or instruments shall be filed with the County Clerk, but no such modification or alteration shall:

(a) extend the maturity of any payment of principal or interest due upon any Bond; (b) effect a reduction in the amount which the County is required to pay as principal of or

interest on any Bond; (c) permit preference or priority of any Bond over any other Bond; or (d) reduce the percentage in principal amount of Bonds required for the written consent to any

modification or alteration of the provisions of this Resolution.

20

Any provision of the Bonds or of this Resolution may, however, be amended or modified by resolution duly adopted by the Board of County Commissioners of the County at any time in any legal respect with the written consent of the Owners of all of the Bonds at the time Outstanding.

Without notice to or the consent of any Owners, the County may amend or supplement this Resolution for any one or more of the following purposes: (i) curing any formal defect, omission, inconsistency or ambiguity therein or in connection with any other change therein which is not materially adverse to the interests of the Owners; (ii) conferring upon the Owners any additional rights, remedies, powers or authority that may be granted to or conferred upon the Owners; or (iii) conforming the Resolution to the Code or future applicable federal law or regulations concerning tax-exempt obligations.

Every amendment or modification of the provisions of the Bonds or of this Resolution, to which the written consent of the Owners is given, as above provided, shall be expressed in a resolution adopted by the Board of County Commissioners of the County amending or supplementing the provisions of this Resolution and shall be deemed to be a part of this Resolution. A certified copy of every such amendatory or supplemental resolution, if any, and a certified copy of this Resolution shall always be kept on file in the office of the County Clerk, and shall be made available for inspection by the Owner of any Bond or a prospective purchaser or owner of any Bond authorized by this Resolution, and upon payment of the reasonable cost of preparing the same, a certified copy of any such amendatory or supplemental resolution or of this Resolution will be sent by the County Clerk to any such Owner or prospective Owner.

Any and all modifications made in the manner hereinabove provided shall not become effective until there has been filed with the County Clerk a copy of the resolution of the County hereinabove provided for, duly certified, as well as proof of any required consent to such modification by the Owners of the Bonds then Outstanding. It shall not be necessary to note on any of the Outstanding Bonds any reference to such amendment or modification.

The County shall furnish to the Paying Agent a copy of any amendment to the Bonds or this Resolution which affects the duties or obligations of the Paying Agent under this Resolution.

Section 1102. Notices, Consents and Other Instruments by Owners. Any notice, consent, request, direction, approval or other instrument to be signed and executed by the Owners may be in any number of concurrent writings of similar tenor and may be signed or executed by such Owners in person or by agent appointed in writing. Proof of the execution of any such instrument or of the writing appointing any such agent and of the ownership of Bonds, if made in the following manner, shall be sufficient for any of the purposes of this Resolution, and shall be conclusive in favor of the County and the Paying Agent with regard to any action taken, suffered or omitted under any such instrument, namely:

(a) The fact and date of the execution by any person of any such instrument may be proved by a certificate of any officer in any jurisdiction who by law has power to take acknowledgments within such jurisdiction that the person signing such instrument acknowledged before such officer the execution thereof; or by affidavit of any witness to such execution.

(b) The fact of ownership of Bonds, the amount or amounts, numbers and other identification of Bonds, and the date of holding the same shall be proved by the Bond Register.

In determining whether the Owners of the requisite principal amount of Bonds Outstanding have given any request, demand, authorization, direction, notice, consent or waiver under this Resolution, Bonds owned by the County shall be disregarded and deemed not to be Outstanding under this Resolution,

21

except that, in determining whether the Owners shall be protected in relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Bonds which the Owners know to be so owned shall be so disregarded. Notwithstanding the foregoing, Bonds so owned which have been pledged in good faith shall not be disregarded as aforesaid if the pledgee establishes to the satisfaction of the Owners the pledgee's right so to act with respect to such Bonds and that the pledgee is not the County.

Section 1103. Further Authority. The officers and officials of the County, including the Chairman, County Clerk and Treasurer, are hereby authorized and directed to execute all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Resolution and to make ministerial alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability.

Section 1104. Severability. If any section or other part of this Resolution, whether large or small, is for any reason held invalid, the invalidity thereof shall not affect the validity of the other provisions of this Resolution.

Section 1105. Governing Law. This Resolution shall be governed exclusively by and construed in accordance with the applicable laws of the State.

Section 1106. Effective Date. This Resolution shall take effect and be in full force from and after its passage by the Board of County Commissioners of the County.

ADOPTED by the governing body March 3, 2016.

Michele A. Buhler, Chairman

(SEAL)

Robert E. Archer, Vice Chairman

Kevin J. Cook, Commissioner ATTEST:

Cynthia A. Beck, County Clerk

22

MATURITY EXHIBIT SHAWNEE COUNTY, KANSAS

$15,860,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS

$13,875,000 SERIES 2016A

MATURITY DATE

09/01/2016 09/01/2017 09/01/2028 09/01/2019 09/01/2020 09/01/2021 09/01/2022

MATURITY DATE

09/01/2017 09/01/2018 09/01/2019 09/01/2020 09/01/2021

AND $1,980,000 SERIES 2016B BONDS

and $5,000 TAXABLE SERIES 2016C BOND

$13,875,000 SERIES 2016A BONDS

PRINCIPAL INTEREST MATURITY PRINCIPAL AMOUNT RATE DATE AMOUNT

$765,000 2.000% 09/0/2023 $1,105,000 $965,000 3.000% 09/01/2024 $1,065,000

$1,000,000 2.000% 09/01/2025 $905,000 $1,015,000 2.000% 09/01/2026 $955,000 $1,040,000 1.100% 09/01/2027 $960,000 $1,050,000 1.250% 09/01/2028 $985,000 $1,065,000 4.000% 09/01/2029 $1,000,000

$1,980,000 SERIES 2016B BONDS

PRINCIPAL INTEREST MATURITY PRINCIPAL AMOUNT RATE DATE AMOUNT

$155,000 2.000% 09/01/2022 $205,000 $185,000 2.000% 09/01/2023 $205,000 $185,000 3.000% 09/01/2024 $210,000 $195,000 3.000% 09/01/2025 $215,000 $200,000 2.000% 09/01/2026 $225,000

TAXABLE SERIES 2016C BOND

Maturity Principal Interest Date Amount Rate

09/01/2016 $5,000 1.000%

23

INTEREST RATE 5.000% 5.000% 5.000% 2.000% 2.375% 2.500% 2.625%

INTEREST RATE 2.000% 2.000% 3.000% 3.000% 3.000%

EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF

SHAWNEE COUNTY, KANSAS HELD ON MARCH 3, 2016

The governing body of Shawnee County, Kansas (the "County''), met in adjourned special session at the usual meeting place in the County, at 9:00 a.m., with the following members present and participating: Commissioners, Michele A. Buhler, Chairman, Robert E. Archer, Vice Chair and, Kevin J. Cook Commissioner.

Absent: None

A Resolution was presented entitled:

RESOLUTION NO. 2016-~

A RESOLUTION AUTHORIZING THE SALE, ISSUANCE AND DELIVERY OF $15,860,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2016A, SERIES 2016 BAND TAXABLE SERIES 2016C, OF SHAWNEE COUNTY, KANSAS; PRESCRIBING THE FORM AND DETAILS OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

Commissioner moved that the Resolution be adopted. The motion was seconded by Commissioner . The Resolution was read and considered, and upon being put, the motion for the adoption of the Resolution was carried by the vote of the governing body, the vote being as follows:

Aye: __

Nay:_

************** (Other Proceedings)

On motion made and seconded, the meeting was adjourned.

(SEAL)

County Clerk

24

Agenda Item

Shawnee County Board of Commissioners

Date: February 29, 2016

Project No: VA16DE/01

Applicant: Charles & Denise Smith et al.

Document: Vacation Order

Contact Person: Barry T. Beagle, Director

Regarding: Drainage Easement Vacation

Description: The owners of Lot 1, Block "B", Eagle Point Subdivision No. 3; and, Lots 3 and 4, Block "D", Eagle Point Subdivision seek to vacate a 25' Drainage Easement extending across the rear (west boundary) of said lots. The proposed vacation is sought to un-encumber this portion of said lots to permit future improvements. The Public Works Department has reviewed this request and determined the easement is not needed since it does not coincide with a natural or man-made drainageway. As required by statute, the City of Topeka has been notified since the property is located in an area subject to their subdivision regulations and they expressed no opposition to the proposed vacation.

County Commission Action: Consideration by the Board of County Commissioners on March 3, 2016, pursuant to the following order of business:

1. A Public Hearing on the Request to Vacate the platted 25' Drainage Easement.

2. Upon Close of Public Hearing, Majority Approval and Adoption of Accompanying Vacation Order.

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS

ORDER (Pursuant to K.S.A. 58-2614)

NOW, on this 3rd day of March, 2016, the Board of Commissioners of the County of Shawnee, Kansas, met in regular session at which time the petition of Charles & Denise Smith, Mark & Katherine Taylor, and David & Lisa Kaspat· praying for the vacation of a platted 25-foot wide drainage easement.

After hearing all of the testimony for and against said petition and being fully advised in the premises, the Board of Commissioners of the County of Shawnee, Kansas, finds as follows:

1. THAT A PETITION requesting the vacation of a ce11ain drainage easement has been duly filed with the Shawnee County Planning Department and that said drainage easement is more particularly described as follows, to-wit:

The west 25-feet of Lot 1, Block "B", Eagle Point Subdivision No.3; and, Lots 3 and 4, Block "D", Eagle Point Subdivision, in Sha,ynee County, Kansas.

2. That proper legal notice has been duly given by publication as required by law and proof thereof has been made and filed with the County Clerk.

3. That a public hearing was held on March 3, 2016.

4. That no private rights will be injured or endangered by such vacation and that the public will suffer no loss or inconvenience thereby.

5. That the City of Topeka has been notified as required by law and expressed no opposition to the proposed vacation.

6. That the petitioner's prayer for a vacation should be granted subject to the following conditions:

None.

IT IS THEREFORE ORDERED:

1. THAT the petition requesting the vacation of the above-described drainage easement is hereby granted. ·

2. THAT the party or parties presenting the petition shall pay the costs of the proceedings, including publication and recording costs.

3. THAT the County Clerk files this Order with the Register of Deeds.

ATTEST:

Cynthia A. Beck, County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNT~ KANSAS

Michele A. Buhler, Chairman

Robert E. Archer, Vice-Chailman

Kevin J. Cook, Member

March 3, 2016

COUNTY VA CATION REPORT

SHAWNEE COUNTY PLANNING DEPARTMENT

CASE NO: V A16DE/Ol by: Charles & Denise Smith, et al.

PROPOSAL: A request has been initiated by the owners of Lot 1, Block "B", Eagle Point Subdivision No. 3 (David & Lisa Kaspar); and, Lots 3 and 4, Block "D", Eagle Point Subdivision (Mark & Katherine Taylor and Charles & Denise Smith, respectively) to vacate a platted 25-foot wide drainage easement extending across the rear (west boundary) of said lots. Each of the lots are situated along the west side of SW Aylebury Road between SW 41 51 Street and SW 43rd Street. The applicant's believe the easement is not needed to convey overland flow of water and seek its vacation to un-encumber this portion of said properties to permit future improvements. The owners of Lot 2, Block "D", Eagle Point Subdivision (Terry & Mary Stueber) have chosen not to participate with the requested easement vacation. A platted 1 0-foot wide utility easement also extending along the west boundary will remain unaffected.

STAFF REVIEW: Pursuant with K.S.A. 58-2613, the petition is forwarded to the Shawnee County Board of Commissioners for public hearing and consideration. Also in accordance with K.S.A. 58-2613 et seq., this request was submitted to the City of Topeka for review and comment since the subject property is located within an area subject to subdivision regulations of the City. No such vacation shall be granted if the governing body of the City shall protest the vacation. In the attached email dated February 17, 2016, Mr. Michael Hall, City of Topeka Current Planning Manager, indicated the City does not object to the proposed vacation of the drainage easement.

The plat of Eagle Point Subdivision, approved and recorded in 1994, provided for the dedication of a 25-foot wide drainage easement extending along the west boundary of the subdivision between SW 41st Street and SW 43rd Street. The drainage easement, however, does not coincide with a natural or man­made drainageway along the west boundary of the subdivision. Since the land naturally sheet flows to the west, the drainage easement was probably required as a means of intercepting stormwater runoff and diverting it north to SW 41st Street. Subsequently the owners of the four ( 4) lots fronting on the west side of SW Aylesbury Road between SW 41st Street and SW 43rd Street have acquired unplatted acreage directly behind their properties to the west. Given the extended depth of their lots, the necessity of retaining the drainage easement to divert stormwater from crossing onto the unplatted property to the west is no longer needed. The Public Works Department has determined that elimination of the drainage easement does not compromise adjoining property as the easement does not currently coincide with a natural or man-made drainageway.

PLANNING STAFF CONCLUSIONS AND RECOMMENDATION: Based on the assessment and evaluation of the foregoing, the following CONCLUSIONS are made:

Page 1

1. The applicant's wishes to vacate a 25-foot wide drainage easement extending across the west boundary (rear lot line) of Lots 3 and 4, Block "D", Eagle Point Subdivision; and, Lot 1, Block "B", Eagle Point Subdivision No.3.

2. The proposed vacation is sought to eliminate an unnecessary easement and provide additional space for future lot improvement.

3. The Shawnee County Public Works Department finds that the existing drainage easement extending along the west boundary of the subdivision between SW 41st Street and SW 43rd Street does not coincide with a natural or man-made drainageway. The drainage easement was probably established to intercept stormwater runoff that natural sheet flows onto the adjoining unplatted property to the west. Subsequently the owners of the four ( 4) lots fronting on the west side of SW Aylesbury Road between SW 41st Street and SW 43rd Street have acquired unplatted acreage directly behind their properties to the west. Given the extended depth of their lots, the necessity of retaining the drainage easement to divert stormwater from crossing onto the unplatted property to the west is no longer needed. The Public Works Department has determined that elimination of the drainage easement does not compromise adjoining property as the easement does not currently coincide with a natural or man-made drainageway.

4. The proposed vacation does not affect the remaining platted 10-foot wide utility easement extending along the west boundary of the subdivision.

5. In accordance with K.S.A. 58-2613 et seq., this request was submitted to the City of Topeka for review and comment since the subject property is located within an area subject to subdivision regulations of the City. No such vacation shall be granted if the governing body of the City shall protest the vacation. In an email dated February 17, 2016, Mr. Michael Hall, City of Topeka Current Planning Manager, indicated the City does not object to the proposed vacation of the drainage easement.

Therefore, the Planning Staff recommends the proposed vacation be APPROVED and accompanying Vacation Order be adopted.

Page2

·.: ;' ·I

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,

A FIN,AL PLAT' FOR:

EAGLE POINT SUBDI.VISION A REPLAT OF FAWN HILL ESTATES SUBDIVISION

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·- .. ----. I :It I' ·':J. •

'lt.l

VA16DE/01 by Charles & Denise Smith et al.

Beagle, Barry

From: Sent: To: Cc: Subject: Attachments:

Barry,

Michael Hall [mghall@topeka.org] Wednesday, February 17, 2016 9:28-AM Beagle, Barry Jennifer Harrell; Rick Schmidt; Kevin Beck VA16DE/01/ request for vacation of drainage easement by Charles & Denise Smith kevin DOC021516-02152016111422.pdf

We have been in contact with SBB Engineering regarding this request for vacation. We received the attached letter explaining the vacation from SBB Engineering. City storm water engineer Jennifer Harrell has reviewed this additional information. On this basis the City of Topeka has no concerns and does not object to the proposed vacation of the drainage easement.

Please let me know if you need anything additional from the City.

Thank you for the opportunity to comment.

Michael Hall, AICP Current Planning Manager City of Topeka 785-368-3007

1

February 15, 2016

Topeka Planning Department Atten: Mr. Mike Hall 620 SE Madison, 3rd Floor Topeka, KS 66607

Re: Lots 1, 3 and 4, Block D, Eagle Point Subdivision, Shawnee County, Kansas

Dear Mr. Hall,

Our firm is representing three property owners that reside at 4111, 4217 and 4235 SWAylesbury Rd. in Eagle Point Subdivision in SW Shawnee County. The property owners have submitted an application to the Shawnee County Planning Department requesting the vacation of an existing stormwater easement within the back yards of their properties. The stormWater eflsementis currently not being utilized for the intended purpose. In reviewing the original drainage report submitted and approved during the. platting of the subdivision, the intent of the easement was to collect and conveythe stormwater flowing from the east to the west to prevent the runoff from exiting the property to the west uncontrolled. The report did not appear to account for the future construction of stormwater collection within roadside ditches and cross road pipes associated with the construction of SW Aylesbury Rd. and grading work of the other residential lots. This construction has reduced the amount and rate of runoff entering the easement area to only the Immediate residential.lots. The current finished contouring across the easement provides a generally smooth grade downhill in either the northwesterly or southwesterly directions with no defined swale or grade breaks within the easement. Therefore the storrnwater flows overland and unconcentrated towards the existing pond to the west. In addition to the reduction in the rate of runoff crossing the property line of the lots, the three property owners have also purchased the remaining property between the lots and the existing pond to the west. Therefore, the storm water runoff flows across their property until reaching the pond.

The property owners desire to vacate the stormwater easement as a measure to reduce the encumbrances on their properties. A portion of the existing stormwater easement is also a utility easement which contains existing utility lines and therefor~, t~e utility easement will remain in place. The owners understand that the vacation of the stormwater easement will not allow them to construct permanent structures within or across the remaining utility easement.

As part of the Shawnee County Planning Department process and due diligence, we request that the City review the existing conditions and lack of necessity for the stormwater easement and provide a letter of approval regarding the vacation of the easement. The Shawnee County Public Works Department has reviewed the easement and provided a written agreementthat the easement is no longer necessary and will support the vacation.

Schmidt, Beck & Boyd Engineering, LLC 785.215.8630 I 785.215.8634 (F) I Pomeroy Building, 1415 SW Topeka Blvd. I Topeka, Kansas 66612

Thank you for reviewing this request. If you need any additional information, please feel free to contact our office.

Sincerely, Schmidt, Beck & Boyd Engineering, LLC

~?./¥ Kevin W. Beck, PE, LEED AP Member

Schmidt, Beck & Boyd Engineering, LLC 785.215.8630 I 785.215.8634 (F) 1 Pomeroy Building, 1415 SW Topeka Blvd. I Topeka, Kansas 66612

Application Vacation of Streets, Easements, Plats

and Building Setback Lines Shawnee County Planning Department

1515 NW Saline Street- Suite 102 Topeka, KS 66618

Phone: 785-291-5410 Fax: 785-291-4939

1. Applicant(s): Charles & Denise Smith

2. Applicant's Mailing Address:_4.:..::2:.:::.3::::...5 ..::::S~W'-!A...:..~v~le~s~bu::.!.rv~R~d,_. -------------

City Topeka State: KS Zip:_-"'6=66_1=-=0 __

3. Phone No. ( 785 ) 554-4132 Phone No. 2. ( 785 )___.:.47"'"'8=-·=08=3=9 ____ _

4. Legal description of area to be vacated (as prepared by a Kansas Registered Land Surveyor,

including a graphic representation: The West 25 feet of Lots 1. 3 and 4. Block D. Eagle Point

Subdivision. Shawnee County, Kansas

5. Check type of vacation: Street__ Alley__ Easement _X_ Other __

6.

If other, please specify: Ot{Pr I Nfl6:G P~ R1c.t<. ~(Hf'!V'I'Df' 1-Zb-'/(1 apv_ Legal description of property owned by the applicant which adjoins the street, alley or e9sement to

be vacated:

Lots._~1....:3:::..&:::::....:.4 _________ Block No. _ _!:D::__ __________ _

In Subdivisior{ '···Eagle Point Subdivision

Metes and Bounds Description, if unplatted: ________________ _

7. Are there other owners of land who own property adjoining the subject street, alley or easement

proposed to be vacated who, pursuant to K.S.A. 12-504, would be a proper party to the petition to

vacate?

Yes X ---- ---------- No ________ _

If yes, please list said owner's name(s) and mailing address.

David & Lisa Kaspar. 4111 SW Aylesbury Rd., Topeka, KS 66610

Mark & Kathryn Taylor, 4217 SW Aylesbury Rd., Topeka. KS 66610

8. Briefly, describe the proposed development of the subject property and your reasons for vacating

the property: None planned as it crosses residential lot and is restricted from

personal amenities. The easement is unused and will not be utilized in the future.

9. Will the area proposed for vacation preclude, restrict, hamper or lessen ingress-egress to other

similarly abutting properties? __ ..!..N~o"----------------------

10. Do you concur with the retention of the subject area as an easement should the reviewing utility or

public agency request such to cover existing or proposed utility lines? The existing

1 0' Utility Easement will be maintained

11. Will any permanent structures be constructed within the area proposed for

vacation? ___ -!,.!N.:::.;on:..:.:e~pl:.:::a.!.!.n'-"'ne~d~atwt.!.!.h~is..:.ti:.:.:m.:.::e~ . .!,.;A~n.L.y ..:..:fu::.:.t=:.!u r~e~s:.:!tr..::::u~ct:.:::u~re~s~w:..:..o:::.:u=.:.ld:::::...:..:n.:.e.:::.;ed::.....:.!to'-'m"-'=ee:.:t,__ __ _

the Shawnee County Subdivision Regulations at that time.

12. Will the area proposed for vacation create any unique, adverse or undesirable traffic

conditions? No

13. How are adjoining properties used?_,_,.!,R,!!e~a~r ,J...ya=:.!r..::::d~f:.:or~r~e.:::.;si:.:::d~en""'t~ia~I..~:::P~ro::..~:P:..=e:!..:rt~ie:.:::s~-------

14. In your opinion, would the proposed vacation injure or endanger any private

rights? No

15. In your opinion, would the public suffer any loss or inconvenience should the petition to vacate be

approved? ____ ~N~o~----------------------------------------------------

Signature of Applicant(s)

(Please Attach Any Additional Information)

If the owner(s) of record is to be represented by legal counsel or other authorized agent, please complete the following so that communications pertaining to this application may be forwarded to the appropriate individual.

Name of Representative Schmidt, Beck & Boyd Engineering, LLC

Street Address 1415 SW Topeka Blvd.

City Topeka State __ __:_K,S:.__ ___ _ Zip Code 66612

Phone No. ( 785 ) 215-8630 Fax No.(, ____ . ________ _

The Topeka Metro News P.O. Box 1794 Topeka, KS 66601-1794 (785) 232-8600

SHAWNEE COUNTY PLANNING DEPT. 1515 NW SALINE ST STE 102 TOPEKA KS 66618-2869

Proof of Publication STATE OF KANSAS, SHAWNEE COUNTY, SS; Pam Rogers, of lawful age, being first duly sworn, deposes and says that she is Legal Notices Billing Clerk for 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 for 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 for the following subject matter (also identified by the following case number, if any)

for l consecutive week(s), as follows:

HEARING - VA16DE/01 2/15/16

Subscribed and sworn to before me on this date:

PENNY KNIGHT Notary Public-State of Kansas My Appt Expires: Dec. 31, 2017

~~==----=-=-~

Publication Fees: $17.28

I - . - NOTICE OF PUBLIC HEARING - First published In The Topeka Metro News, Monday, F"ebruary 15, 2016.

NOTIC_E OF PUBLIC HEARING

. Public notice Is hereby given to any or all interel!ted persons that~ Public · Hearing wiU be held on Thursday, March 3; _2016 at 9:00 A.flll. at the_ Shawnee County Courthouse, 200 SE 7~ Street, Room B-11, Topeka, -Kansas ~t which time the Shawnee Cpunty Commission will consider a prop~sal to vacate a 25-foot wide drainage easement eXtending­across the west lot lines of Lois 1,_3and 4, Block "D", in Ea!;Jie .. folnt. s~tidivislon: Ail interested persons are Invited to' attend and make statements either for or against the Qrantirig of the vacation petition. For additional infonnation concerning the following proposal, please contact the Shawnee County Planning· Department, 1515 NW Saline ·Street, TOP<;!Ka, Kansas, 666iB, or byphcine at (785) 251-5410. '-

Barry T. Beagle, AIC~ . Planning Director· · " _ Sh~wnee County Pl_aonlng Department

VA16DEt01 ~yCharles &oeniseSmith req~estingtov~~ate a platted 25-foot wide drainage easement extending across the back of Lots 1, 3 and 4; Block "D", jri Eagle Point S4bdivision In Mission Town~hlp. 2/15 - -

;.

L59140

Shawnee County

r + recreation

February 8, 2016

TO:

FROM:

RE:

Board of Commissioners Shawnee County -

John E. Knight, Director~ Parks + Recreation

Agreement - Midwest Sports Productions Outdoor Adventure Division - Sports

Board of Commissioners approval is requested on the attached Agreement between Midwest Sports Productions (MSP) and Shawnee County. This agreement identifies the co-branding partnership between MSP and Shawnee County. MSP has provided these services and duties for several years and local groups. The agreement identifies standards for the contractor to meet that are_ consistent with the Board of Commissioners approved policy related to the Maintenance Standards and other operational guidelines.

Such agreement provides youth tournaments for baseball and softball at the Bettis Family Sports Complex and the Lake Shawnee Girls Softball Complex. Shawnee County, Visit Topeka, Inc. and the local community have been gratified with the economic impact provided as well. Beginning with the 2016 calendar year, in addition to the 13 weekends scheduled, MSP has agreed that the sites will host the USSSA Girls National Championships set for July 20-24. Last year this event served 51 teams and lasted four (4) days. Through these cooperative partnerships, future tournaments and dates in 2017 and 2018 will draw more interest from the private sector through sponsorships, public relation campaigns, and further increase the economic impact to local businesses.

MSP has generously agreed to continue managing two (2) tournaments that benefit the Shawnee County Parks and Recreation Foundation. In accordance with the adopted Master Plan and the Foundation and Department Mission and Vision Statements, MSP will offer the fundraiser tournaments and start a new fund in the Foundation directly related to keeping facilities first class for years to come. Over the past two years, the donations to the Foundation have resulted in over $14,000 being set aside to improve existing facilities.

More importantly, the economic impact for Shawnee County is estimated at nearly $3.2 million from visiting teams and may dra'Y future regional and national events reducing the burden on local taxpayers while continuing to focus on providing quality youth programs and facilities.

parks.snco

Shawnee CountY Parks+ Recreation • 3137 SE 29th Street • Topeka, KS 66605 • (785) 251·2600

The development and continuation of said relationships such as this support the combined efforts by utilizing resources to better meet the strategies and implementation of the Master Plan.

JEK/lrk so Attachment

SHAWNEE COUNTY CONTRACT NO. C.Q.b.-2016

2016 MIDWEST SPORTS PRODUCTIONS CONTRACT

THIS CONTRACT is entered into this :J :{(;) day of Fe. be"'"' , 2016, by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY O~SHAWNEE, KANSAS, hereinafter referred to as "County,, and MIDWEST SPORTS PRODUCTIONS, hereinafter referred to as the "Contractol'."

WHEREAS, the County is the ownet· of Lake Shawnee (the Premises) and operates the public park and facilities located therein for the recreational use by the public; and

WHEREAS, the County desires to secure the services of the Contractor to perform the dt1ties of offering youth tow·naments for baseball and softball programs at the Premises in the years 2016, 20171 and 2018; and

WHEREAS, the County as a l'ublic entity may not designate exclusive sanctioning rights or usage fo1· desires to provide said services to the County; and

WHEREAS, the Contractm· desil'es to provide said services to the Collnty; and

NOW THEREFORE, in consideration of the mutt1al covenants contained herein the patties agree as follows:

1. PURPOSE. This is a lease agreement-requiring Contractor to provide youth tournaments for baseball and softball played at the Premises, The patties agree that the baseball and softball season inch1des youth toumament schedules as identified and defined in Appendix A and B for 2016; Toumament dates for 2017 and 2018 will be determined by Decembel' 15 annually. In the event additional open dates arise the Contractor wHl be notified as provided herein.

The Contractor use of the Premises is limited to tournament activities which may take place bct\vecn 6AM until 11 PM. The Contractot• will provide each toumanient schedule to the Sports Division seventy two (72) hours in advance of the first game time fol' planning purposes only.

2. NoTICE. Any notice by either party to the other shall be in Wl'iting and shall be deemed to be given only if delivered personally or mailed by registered or certified mail as follows:

To tho Couuty:

John E. Knight, Director Shawnee County Parks + Recreation Depmtment 3137 SE 29111 Street Topeka, Kansas 66605

To the Contract01·:

Mr. Jeremy McDowell USSSA Kansas Fastpitch State Director Midwest Sports Production 21967 W 83rd Street Shawnee, KS 66227

3. TERM. This Agt·eement sl1all be effective from the date above until December 31, 2018. Either party may terminate this Agreement before December 31, 2018 without cause by providing ten (1 0) days written notice to the other party.

Any violation of the terms of this Agt·eement shall be grounds for immediate tel'mination of this Agreement. In the event this Agreement is terminated fot any reason, the Contractor shall forfeit any compensation to the County prior to the termination.

4, INDEPENDENT CONTRACTOR, It is mutunfly tltlderstood and agt·ccd that Contractor is associated with the County only for the purposes and to the extent specified in tllis Agreement, and in respect to perfot·mance of the contracted services pursuant to this Agt·eetnent, Contractor 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 perfor" mance of the details incident to its duties under this Agreement. Notlling contained in this Agreement shall be deemed or constmed to create a partnership or joint venture, to ct'eate relationships of an employer5 employee or principal-agent, Ol' to otherwise create any liability fot the Colmt:y whatsoever with mspect to the indebtedness, liab.ilities~ and obligations of Contractor or any other party.

Contractot' shall be solely responsible for, a11d the County shall have no obligation with respect to: (1) withholding of income taxes, FICA~ or any other taxes or fees; (2) insurance coverage; (3) patiicipation in any group insmance plans available to employees of the County; (4) participation or contributions to the Kansas Public Employees Retirement System; (5) accumulation of vacation leave or sick leave; or (6) unemployment compensation coverage provided by the County. Contractor shall indemnify and hold Co~mty harmless from, and defend County against, any and all losses) damages, claims, costs, penalties) liabilities, and expenses arising or incurred becat1se of, i11eident to, or othetwise with respect to any such taxes or fees. Neither Contractor nor it's employees, agents, or representatives shall be considered employees, agents, or representatives of the County. The pmties 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 wo1·k t•elationship throt1ghout the tetm of the Agreement to ensut·e that the indepenpent contractor relationship l'emains as such.

5. RESPONSIBILITIES OF THE COUNTY •

. a. Rcfcl'l'als. The County agrees to require the utilization of the Contractor's services for youth baseball/softball toumaments at Lake Shawnee. In all such rente1·-scheduled tmtmaments, the County will not be responsible for payment of any fees to Contractor.

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b. Fields. The County agrees to prepare the appropriate number of fields prior to game time. The County will work with the Contractor on scheduling, field issues, and site amenities services for baseball/softball tournaments.

c. Special Use, In accordance with County Code, Art II. Sec 21-55, Special Use of the Parks, the Director does hereby grant the Contractor permission during activities listed in Appendix A and Bon the Premises allowing temporary stmctmes and activities. ·

. d .. Utilities. ~h~ Col.n1ty agrees to provide only existing services_dtiring said schedules at no additional charge.

e. Invoices. The Co\mty will invoice Contractor based on each tournament smmmu·y held at said .locations wi~hin tlu:ee (3) business .days of conclusion of. said tournament. 'f.hese)nyoices will include game t•eports and any information should it be reported such as facility, equipment and field issues; accident/incident information; site; team ot' visitor feedback."

6. RESPONSIBILITIES OF THE CONTRACTOR,

a. Provide baseball and softball tmunamcnts at the Lake Shawnee Girls Softball Comple~ and the Bettis Family Sports Complex.

b. The Contractor agrees to adhere to all Shawnee Comtty Pat·ks + Recreation Regulations, Shawnee County Code, and individual Complex policies. The Contractor agrees to enforce such policy with respect to players, teams, fans and visitors during tournament schedule.

The Contractor will monitoi· play, coaches, managers, players, fans, volunteers and staff at each complex and parkland providing for a positive sports environmettt in cooperation with the County and USSSA l)portsmanship guidelines. The contractor/tournament staff will inform players, coaches and fans of the Parks + Recreation's Sportsmanship Emphasis document and enforce such terms should they al'ise throughout the 1'ent~l periods.

c. The Contractor is required to provide first i'ight of refusal to Topeka Premier Umpire Association for umpidng services. TPUA may limit officials from working more than four consecutive games, will require professional appearance and mechanics ft·om each game offichtl ancl site staff: and ensure that game officials utilize the umpire rooms provided prior to~ during and after tournaments.

d. Emergency Action Plan. The Contractor agl'ees to provide adequate public safety for spectators and pat'ticipants at the site during the tournament schedule. An Emergency Action Plan should be provided in writing and implemented with relation to activities occm·ting dm·ing this agreement. Such EAP should minimally include severe weather, concussion, and heat related policies and be implemented with assistance from the County prior to the first scheduled game.

e. The Contractor agrees and understands that its officet·s, agents, or employees will not be under the influence of any alcoholic beverages or narcotics during the performance of setvices undet· this Agreement.

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f. The Contractor agrees and understands that 'it is responsible for any medical expenses that may be incmred by its officers, agents, or employees as a result ofpetforming services undet· this Agreement.

g. The Contractor understands that it is required to keep payment"records for tax purposes. The County shall not withhold ot· be responsible for, nm· indenlllify the Contractor for any federal, state, or local taxes, which may be imposed or levied upon ·the subJect mattet• of tllis Agreement. · · · ·

h. The Contractor will J1imdle all accounting, bookkeeping, and pay officiai~: '

i. The Contractor agrees to allow the County· to gather survey infonm1tion from each coach, managet·, team or spectators entel'ing any venue. A survey snmple will be pL'Ovided to the Contractor at least one month prior to any tomnmnent in whicl1 such information is desit·ed.

j. The Contractor agrees to provide a toumament synopsis for each toumament held at said locations. These repm·ts should include team and contact information, field locations, daily ·weather conditions, any accident/incident information including ejections or suspensions} staff o1· site issues, concessions feedback, and team conunents. A facility report that identifies-hazards, conditions, anything that might alter or affect safety and play in a timely mannet· should be reported to staff on site inunediately upon discovery.

k. The Contt·actor shall cooperate by following P+R Policy fot· the Volunteer Progmm abiding by the standards set forth for vohmteer accountability and l'ecol'ding of such details.

I. The Contractor agrees that no vendors are allowed without prior approval from the Sports Division. Vendors will be reqtlired to fill out an application with Parks+ Recreation.

m. The Conttactor agt'ees to pick up trash throughout the facilities, parking lots, team warm up areas and nearby parklands. The contractor will be responsible to check the following during tournaments: restroom, umpire locker room, tmll'nament office) and spectator areas.

n. The Contractor will assist the County by advertising, pmmoting, scheduling and management of a Shawnee County"Parks + Rec1·eation Foundation Tourmm1ei1t held eacl}·year at the Bettis Fan1ily Sports Complex: and Lake Shawnee Girls Softball Complex.

o. The Contractor, through the USSSA State Director, will certify a Parks + Recreation employee to be a USSSA area Director.

7. COMPENSATION. The Contractor agrees to compensate the County for services in the manner shown in Appendix A and B within ten ( l 0) business days of receipt of an invoice for said toumament(s). exclt1ding the Fotmdation Ftinclraiser Tomnaments shown ON Appendix A. A pe1· game fee was established thl'Ough the Pfll'ks + Recreation Master Plail detailing out true costs associated with games played and additional mnintenance fees which meets the requitements of the Parks + Re~reation Cost Recove1'y Policy. All funds raised from the fundraising tournaments

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will be deposited into the Shawnee Co·unty Parks + Recreation Foundation per Contract C300-2008 (programs and facilities).

8. PERFORMANCE MANAGEMENT. The Contractor should adhere to policy recommendations for Pa'rks + Recreation Partnerships. This will include working together to meet desired outcomes. The outcomes include establishing measumble pet·form~nce me(hods} standards of quality, financial reports. customer satisfhction, sluu·ed equity, and regu!at· meetings for discussion of opemtions and services pro~~ided to tlte County.

The C~ntractor will assist the County in maintaining a comprehensive ·capital Iniprovement Plan (CIP) for the site. The CIP will consist of developing a corrtmittee comprised of at least two (2) Contractor and two (2) County representatives. The committee wHl review and update the CIP with all proposals being presented to the County by November 15 arumally fol' considet·ation.

9. CONTRACTOR RECORDS AND DOCUMENTS. The Concessionaire shall document Performance Management Measures with reference to this partnership that supports efforts to maintain facilities and assets) promote amenities and usage, and provide activities while maintaining the integrity of natural/ctJlturalresources. With respect to all matters covered by tllis Agreement, Contractor records and documents slut II be subject to review or audit br the County.

10. INSURANCE. The Contractor slutll provide and maintain for· the duration of this agreemenh at it's expense) general liability insurance in a good and solvent insurance company or companies licensed to do business in the State of Kansas in the amount of at least One Million Dollars and No/100 ($1,000,000.00) with respect to injury or death to any one person and at least Two Hundred Fifty Thousand Dollru·s and No/100 ($250,000.00) with respect to damages to propet1y. The Contmctor fmther agrees to provide to the County proof of insmance, fo1· each year of this agreement, to be submitted to the County by March 1. Certified copies of said policies, naming Shawnee Cmmty as an additional insmed and providing for thirty (30) days notice to the County before material alteration or cancellation shall be delivered to the County.

ll. INDEMNITY. Contract01· he1·eby 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 Sl.JCh person, organization, it's l'epl'esentatives or employees. ·· ·

12. AssiGNMENT AND SunLETTING. Contractor shall not assign this Agreement or any interest therein, nor let o1· sublet the said Pl'emises or any part thet·eof or any right or privilege appurtenant thereto, nor permit the occupancy or use of any part thereof by any other person.

13. NoN-DISCRIMlNATION. The County and Manager agree to comply with all Federal laws relating to non-discrimination in c01mection with any use,. operation, program, or activity on or related to the previously described pl'Opcrty, including, but not limited to:

a. All reqtlirements imposed by ot· pmsuant to the non-discrimination regulations of the United States Department of the Interior (43 C.F.R. Part 17);

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b. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d~l) which prohibits discrimination on the basis of race, color, or national origin;

c, The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which pl'Ohibits discrimination on the basis of age;

d. Section 504 of the Rehabilitntion Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination ofthe basis of handicap;

e. The Al'chitectmal Barriers Act of 1968, as amended (42 U.S.C. 4151), which requires facilities located on the propetiy to be accessible to the physically handicapped; and

f. The Americans l'>'ith 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 pal'ticipation in, be denied benefits, or be subject to discl'imination under any program or activity receiving Federal Financial Assistance.

14. 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 hereundet·. No waiver by any party at any time, expressed ol' implied, of any breach of any provision of this Agt'eement shall be deemed a waiver of breach of any other provision of this Agreement or n consent to any subseql.tent breach of the same or any other provision. If any action by either pmty shall require the consent and approval of the other party, the other patty's consent to or approval of such action on any one occasion shall not be deemed to be a consent to 01' approval of said action on any subsequent occasion. Any and all rights and remedies which either party may have under tllis 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.

15. SEVERABILITY. The provisions oftllis Agreement are severable. In the event any l)!lragraph or portion of the Agreement is declared il1egal Ol' unenforceable, the remainder oftlte Agt'eement shall remain in effect and binding upon the parties.

16. KANSAS LAw AND VENUE. This Agreement shall be interpreted in accordance with Kansas law. Any action to enforce or interpret the terms of this Agl'eement shall be filed in a cotut of comjletentjtll'isdictionlocnted in Shawnee County, Kansas.

17. MERGER, The Shawnee County Contractual Provisions Attachment (the "CPN'), which is attached to this Agreement is incorporated by reference and made a pal't of this Agreement. Together this Agreement, Appendix A and B, and the CPA represent the e11tire agreement and understanding between the Contmctot· and the County. No terms, conditions, course of performance, usage of trade, mtderstandings, or agreements pmp01iing to modify, supplement, m· explain any provision of this Agreement shall be effective unless in writing~ signed by representatives of both parties authorized to amend the Agreement.

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lN WITNESS WHEREOF, the pm·tles hereto have executed this Agreement 011 the day and yeat· .first above wdtton.

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

DOAliD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, IUNSAS

Michele A. Buhhw1 Chair

Midwest Sports PJ•ofluctions

M; , Jerem McDowell · SSA KS Fastpitch State Director

Midwest Spo1·1s Productions 21967 W 83rd Street Shawnee, KS 66227

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Approved as to Legality and Form: Date ..U.:.il.

'Amrrco.;CoLJ.N'tL:rsir VJ

Appendix A- 2016 Midwest Sports Productions Adjusted Fee Schedule*

Primary Schedule: *Schedule oftournaments held in Topeka, KS will be updated annually by December 15.

Alternative dates shall be requested no less than fourteen (14) business days in advance.

Lake Shawnee Girls Softball Complex Primary Site Requests: April15-17 Fastpitch Fl-4 Apri122-24 Fastpitch Fl-4 May 6-8 Fastpitch F1-4 June 24-26 Fastpitch F1-4; Foundation Fundraiser

July 1-3 Fastpitch Fl-4 July 20-24 Fastpitch F1-4; Secondary site, USSSA National Championship (Appendix B)

Sept. 16-18 Fastpitch F 1-4

Bettis Family Sports Complex Primary Site Requests: April 8-10* Aprill5-17* April 22-24*

April 29-May I*

May 6-8* May 13-15 June 3-5* June 17-19

June 24-26 July 20-24

Sept. 9-11 Sept. 23-25

Baseball Baseball Baseball

Baseball Baseball

Baseball Baseball Baseball

Baseball Fastpitch Baseball

Baseball

Quad; No access Friday (April 8) SHHS games on JR & Pony Quad; No access Friday (April 15) SHHS games on JR & Pony

Quad; No access Friday (April 22) SHHS games on JR & Pony Quad; No access Friday (April 29) SHHS games on JR & Pony

Quad; No access Friday (May 6) SHHS games on JR & Pony

Quad, Pony, JR Quad, Pony, JR; Sat (June 4) must be off JR Field by 3:00pm

Quad, Pony, JR Quad only; Foundation Fundraiser Quad only; Primary site, USSSA National Championship (Appendix B)

Quad, Pony, JR Quad, Pony, JR

* = limited access to Pony Field and/or Jerry Robertson Fields

Breakdown of Applicable Fees: Lake Shawnee Girls Softball Complex/alternate sites $28 game fee

Bettis Family Sports Complex Quad Fields $42 game fee

BFSC (Jerry Robertson Field or Pony Field) $60 game fee

Product Fee: drying agents on silt or shale fields, mound clay $9 or $13 per bag, $15 per bag

Maintenance Fee: subsequent game upkeep $35 per request

(chalking 4 diamonds, alternate location mound upkeep)

Fence Fee: temporaty fence set@ 200' $100 1-2 fields (2 day limit)

MSP Vendor Fee: (submit prior for approval) $100 ea vendor per weekend

USSSA National Championship July 20-24 See Appendix B as fees above are not applicable.

Appendix B- 2016 USSSA National Championships Fee Schedule July 20-24, 2016

Age divisions 14U, 16U, 18U

Bettis Family Sports Complex Primary Site, Lake Shawnee Girls Softball Complex and Shawnee North Secondary Sites

Breakdown of Applicable Fees: Tournament Team Fee

Product Fee: drying agents on silt or shale fields, mound clay

Maintenance Fee: subsequent game upkeep (chalk 4 diamonds, alternate location mound upkeep)

$125 per team

$9 or $13 per bag, $15 per bag

Included in team fee; planned to rake and/or chalk if

needed every two games at any location.

Fence Fee: temporary fence set@ 200' Included in team fee (200' fence set for duration of tourney; SCPR providing fence for quad, MSP providing fencing for LSGSC or North)

Shawnee County Parks and Recreation will provide:

• Site setup including a folding table and two chairs at each site

• Scoreboard operator, however, MSP may elect the home team or person to keep the official book for each game

• Lake Shawnee Event Center, Bettis Meeting Room

• A tent or room, chair(s) provided for umpires at each site

• A location for posting of bracket boards at each site.

• Water or Gatorade provided for the duration of the tourney at each site. Food and any expenses related to certifications, travel, and accommodations are paid by individual umpires or MSP.

Midwest Sports Productions (MSP) will contract with umpires and pay any necessary fees for games, scheduling, UIC

fees or certifications should any apply. MSP will utilize current contacts with Topeka Premier Umpire Association about using local umpires.

In addition, MSP and/or USSSA will:

• Compile and provide programs- for any business or sponsorship/ad referral from SCPR to MSP, the County is reimbursed 50% of the ad revenue collected.

• MSP collects and retains gate revenues and encumbers all expenses pertaining to gate operations.

• MSP provides and encumbers expenses associated with brackets, handouts, marketing and advertising.

• MSP provides and encumbers all expenses related to awards.

SCPR collects and retains revenues and encumbers all expenses associated with concessions and vendors.

Vendor Fee (submit 14 days prior for approval) Limit of 6 per site; offer noncom petition items

$150 ea vendor Minimum (15 amp/11 Ov utility) included

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_.

I. TERMS HEREIN CONTROLLING PROVISIONS. It is expressly agreed that the tenus of each and eve1y provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a pa1t 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 exclusiort of the Courts of any other states or conn try. All contractual agreements shall be snbject to, govemed by, and construed according to the laws of the State of Kansas.

3. TERMINATION DUE TO LACK OF FUNDING APPROPRJATION. 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-Firtance Office, sufficient funds arc not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may temtinate this agreement at the e11d 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 cunent 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-DISCRll\IINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (KS.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (KS.A. 44-1111 el seq.) artd 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 ancesl!y, 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 rcpmting requirements set out in K.S.A. 44-1031 and KS.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, tl1e 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 ce1tifications have bee11 given and this is signed by the Board of County Conmtissioners of the County of Shawnee, Kansas.

7. ARBITRATION. DAMAGES. WARRANTIES. Notwithstanding any language to tho contraty, 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. Fmther, the County shall not agree to pay attomey tees 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 hy the provisions thereof.

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

I 0. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall tl1is contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

VENDOR/CONTRACTOR:

vVIPrMj ft'Yk]))31,_,em

Title:

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cyothia A. Beck, Shawnee County Clerk

shaaii<St+ recreation February 23, 2016

TO: Board of Commissioners Shawnee County .1K John E. Knight, Directc{)CWV Parks + Recreation '(J-

FROM:

RE: Fill Vacant Position(s)

Board of Commissioners approval is requested to fill three (3) Program Supervisor positions which consist of Amenity/Special Events Program Supervisor, Outcomes Program Supervisor and a Centers Program Supervisor as well as three (3) Manager positions which consist of Youth Sports Manager, Adult Sports Manager and a Sports Field Manager.

On June 11, 2015, the department presented to the Board of Commissioners organizational structure changes, which are designed to maximize efficiency of service and address the Master Plan's recommendation to align the department by function with lead and support groups-divisions. It was noted that this was just the initial step in the process of aligning the department by function and that as the realignment portion of the Master Plan is implemented, areas for additional changes will become evident.

The new divisions were introduced and are separated by function. They have been organized to include subdivisions with similar responsibilities working together for one goal. The creation and staffing of these divisions make use of current employees while also heavily utilizing and repurposing the vacant positions that the department had available at that time. The six (6) classified vacancies consisted of; one (1) ADA Recreation Supervisor, one (1) Recreation Program Supervisor, one (1) Recreation Program Coordinator, two (2) Recreation Programmers and one (1) Recreation Leader.

The initial phase of this reorganization was the request for three (3) new Superintendent positions (Green Spaces/Land, Recreation, and Outdoor Adventure), a Communications & Public Information Supervisor, and the reclassification of an Administration Officer, which were all approved by the Board of Commissioners at the June 11, 2105 meeting. As stated in the request, that should the three (3) Superintendent positions be filled by current employees, the positions they vacated were to be eliminated and not back filled. A key part of the reorganization was that at no time during the process would the department exceed the approved budgeted dollar amount nor number of full-time equivalent FTE positions approved by the Board of Commissioners and that the department would return following the filling of these lead positions with requests to open, advertise and fill the integral support positions for each ofthe divisions.

On September 14, the next phase ofthe reorganization was presented to the Board of Commissioners with the request to fill two (2) vacant classified positions (one (1) Recreation Supervisor and one (1) Recreation Program Supervisor) and another Recreation Supervisor position that became vacant due to retirement after the June 11 presentation to the Commissioners. All three (3) positions were budgeted

parks.snco .. us

Shawnee County Parks+ Recreation • 3137 SE 29th Street • Topeka, KS 66605 • (785} 251-2600

positions in the 2015 and 2016 operating budgets. The request memo also stated that approval was sought to fill not only these positions but also any subsequent positions that become open as a result of filling the vacancies. Two of the positions were filled in-house and the third was hired from outside the department. This resulted in two (2) classified positions becoming vacant. This request was approved by the Board of Commissioners on the September 14,2015 meeting.

On November 19, 2015, the department requested to repurpose two (2) vacant Horticulturist positions (PR1009 and PR1089) into an Aquatic Supervisor and a Day Camp & Before/Afterschool Supervisor. These classified positions were vacated due to resignations on June 26, 2015 and November 6, 2015 and were modified to make use of the vacancies in a way that better suits the needs of the department and recommendations of the Master Plan. Both positions were budgeted positions in the 2015 and 2016 operating budgets and were modified to a grade lower than they were originally vacant at, per the "preliminary" results of CBIZ. The request memo again also stated that approval was sought to fill not only these positions but also any subsequent positions that become open as a result of filling the vacancies. These positions were filled in-house, resulting in two (2) classified vacancies.

The department now has the following classified position vacancies; four (4) Recreation Program Coordinators, four (4) Recreation Programmers and one (1) Recreation Leader. An additional Recreation Program Coordinator position will become vacant on February 26, 2016 due to a recent resignation, bringing the total to five (5) vacant Recreation Program Coordinator positions.

Specifically this request is to fill three (3) Program Supervisor positions which consist of an Amenity/Special Events Program Supervisor, an Outcomes Program Supervisor and a Centers Program Supervisor as well as three (3) Manager positions which consist of a Youth Sports Manager, an Adult Sports Manager and a Sports Field Manager. The Program Supervisor positions would replace three of the four vacant Recreation Programmers and the Manager positions would replace one of the vacant Recreation Programmers and two of the vacant Recreation Program Coordinators. The department believes that we have been approved by the Board of Commissioners to fill these positions and any subsequent positions that become open as a result of filling the vacancies, but since these positions are changing and to ensure fit within the CBIZ "final" report this item has been placed before you again.

The Department has worked with both Audit-Finance and Human Resources to make sure that all previous position requests did not exceed the scope of the reorganization that the Commission has approved. During this time the overall structure was reviewed to ensure that the organization structure is properly tiered to maximize efficiency of service and align the department by function with clearly delineated lead and support groups-divisions.

The annual salary including benefits for a Program Supervisor is $49,318.44 and the annual salary including benefits for a Manager is $46,388.24. The department requests Board of Commissioners approval to fill these positions and any subsequent positions that may become open as a result of filling them. The funding of these positions are within the approved 2016 operating budget, so there is no additional financial impact.

JEK/lrk

I' .

February 16, 2016

MEMO: Mitigation Plan

SHAWNEE COUNTY Department of

Emergency Management 200 SE ih Street

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

Dusty Nichols, Director

TO: FROM:

Board of County Commissioners Dusty Nichols, Director

The purpose of the Region J Multi-Hazard, Multi-Jurisdictional Hazard Mitigation Plan is to guide hazard mitigation in order to better protect citizens and infrastructure in Region J. Region J consists of Anderson County, Coffey County, Franklin County, Linn County, Miami County, Osage County and Shawnee County. This plan also serves as a tool to help decision makers formulate and implement mitigation activities and resources.

Each jurisdiction provided specific information to the Kansas Division of Emergency Management (KDEM). KDEM was able to integrate that information into the final Mitigation Plan for Region J.

One of the final steps for implementation of the Region J Mitigation Plan is for Shawnee County to adopt/approve the plan.

Please contact me with questions.

Mitigation Preparedness Response Recovery

RESOLUTION NO. 2016- a r-

A RESOLUTION ADOPTING REGION J MITIGATION PLAN

WHEREAS, Shawnee County recognizes the threat that natural hazards pose to people and property within our community; and

WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and

WHEREAS, the U.S. Congress passed the Disaster Mitigation Act of 2000 ("Disaster Mitigation Act") emphasizing the need for pre-disaster mitigation of potential hazards;

WHEREAS, the Disaster Mitigation Act made available hazard mitigation grants to state and local governments; and

WHEREAS, an adopted Multi-Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple Federal Emergency Management Agency (FEMA) pre- and post-disaster mitigation grant programs; and

WHEREAS, Shawnee County fully participated in the FEMA prescribed mitigation planning process to prepare this Multi-Hazard Mitigation Plan; and

WHEREAS, the Kansas Division of Emergency Management and FEMA Region VII officials have reviewed the East-Central Kansas (Region J) Multi-Hazard, Multi-Jurisdictional Hazard Mitigation Plan, and approved it contingent upon t his official adoption oft he participating governing body; and

WHEREAS, Shawnee County desires to comply with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the East-Central Kansas (Region J) Multi­Hazard, Multi-Jurisdictional Hazard Mitigation Plan; and

WHEREAS, adoption by the governing body for Shawnee County demonstrates the jurisdictions' commitment to fulfilling the mitigation goals and objectives outlined in this plan, and

WHEREAS, adoption ofthis legitimizes the plan and authorizes responsible agencies to carry out their responsibilities under the plan.

NOW THEREFORE, BE IT RESOLVED, that Shawnee County adopts the East-Central Kansas (Region J) Multi-Hazard, Multi-Jurisdictional Hazard Mitigation Plan as an official plan while meeting in regular session on this __ day of ____ , and;

BE IT FURTHER RESOLVED, Shawnee County will submit this Adoption Resolution to the Kansas Division of Emergency Management and FEMA Region VII officials to enable the plan's final approval.

ATTEST:

Cynthia A. Beck- County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY

Michele A. Buhler- Chairperson

Robert E. Archer- Vice Chairperson

Kevin J Cook- Member

Date: February 25, 2016

Shawnee County Solid Waste Department 1515 N.W. SALINE STREET. SUITE 150

TOPEKA, KANSAS 66618-2868 785 -233-4774 or 785-233-6147

785-291-4929 (FAX) or785-291-4918 (FAX)

THOMAS C. VLACH, P.E., Director refuse@snco.us

recycling@snco.us www.snco.us

MEMORANDUM

To: Board of County Commissioners for CONSENT AGENDA

From: Thomas F. Flanagan, P.E. ~~_}. 7~ 7...........___ Deputy Director of Public Works

Re: Shawnee County Solid Waste Department Authorization to Amend Contract C37-2011 with Century Business Technologies, me.

Shawnee County Solid Waste Department (SCSWD) requests authorization to amend Contract C3 7-2011 with Century Business Technologies, Inc. to increase the copy limit for both Black & White and Color images for the Savin C9135 (ST1788) copier.

Contract C37-2011 Amendment Copy Type Current Copy Limits Amended Copy Limits

Black & White 43,200 125,000 Color 1,200 55,000

Attached is a letter from Century Business Technologies, Inc. agreeing to the increase in allowable copy images limits for both Black & White images as well as Color images and further agrees that the current per image rate will not change.

Funding Source: SCSWD Operating Budget

Shawnee County Solid Waste Department (SCSWD) recommends this contract amendment request be approved.

attachment

CENTURY N:JII#ffl~liJ.-i.-i4::ij#(li):I~CeJ!ete1!4-~

February 23, 2016

Ms. Michele Hanshaw Shawnee County Purchasing Department 200 SE 71h

Topeka, KS 66603

Dear Ms. Hanshaw,

SHAVvNEE COUNTl CONTRACT #. C.§'l-g 9 \ lo

Century Business Technologies, htc. agrees to increase the copy limits for contract (C37-2011) of the Savin C9135 (ST1788) from its current annual volume of 43,200 for B&W images and 1,200 for Color images. New annual volumes will be 125,000 for B&W images and 55,000 for Color images. The per image rate will not change. Per image rate is $0.00845 for B&W images and $0.06037 for Color images for year 6 of this contact With annual payment in advance the per image rate is discounted to $0.008030 for B&W images and $0.057360 for color.

Sincerely,

Senior Account Executive Century Business Technologies, Inc. Topeka, KS 66611

401 SW 30th St, Topeka KS 66611 [785] 267 • 4555 CenturyBusinessTeohnologies.com

' Shawnee County

Department of Public Works 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

785-251-6101 FAX 785-251-4920

MEMORANDUM

THOMAS C. VLACH, P.E. DIRECTOR OF PUBLIC WORKS

COUNTY ENGINEER

DATE: February 29, 2016

TO:

FROM:

RE:

Board of County Commissioners

Thomas C. Vlach, P .E. ~ Director of Public Works

Recommendation of Award Quotation 004-16 - 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 for the vast majority of culvert pipe sizes was submitted by Welborn Sales, Inc. (Welborn) and recommends awarding the bid to Welborn. However, Metal Culverts, Inc. did provide a significant lower bid price for end sections for 90" and larger diameter pipe. As a result, we recommend authorization to purchase end sections of 90" and greater, if needed, from Metal Culverts, Inc. 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 $1 00 for an average project. Additionally, step-bevel

Board of County Commissioners February 29, 2016 Page2

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.

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 ofthe 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 2016 Public Works Operational Budget (Account 10PW127 50356) and/or Special Bridge Fund (Account 27SCOOO 2020) and/or the Monmouth and Grove Township Road Maintenance Funds if culvert material is purchased on their behalf.

Attachments

REQUEST FOR QUOTATION SUBMIT BID TO

PURCHASING DIVISION SHAWNEE COUNTY COURTHOUSE

RoomB-27 Topeka, Kansas 66603

004-16 /. /_ /) ;-"""' .. ~,_.

VENDORWflA:Joie;·.,J .. i~:l/e?s_ ,.., . .• ,,t. QUOTATION NO.

DATE MAILED

CLOSING 2:00 P.M.

02-03-16

02-17-16

ADDRESS/tJbtv/i.6 .6' ~~r!.l /, , • .!,(l1 s. 67lffJ.:d(obb PHONE JJ'_s;:-·;?;;? 3--<39'-f

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 I

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 alocal preference law, please state what that preference is \-..\ D'4\c::.. • 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

004-16 02-03-16 02-17-16

NONDISCRIMINATION: Shawnee County is committed to the concept of equal employment opportunity. All bidders and contractors are expected to comply with the provisions of K.S.A. 44-103 0 and 44-1 031, copies of which are attached and shall be a part of this co11tract and other applicable Federal and Kansas laws goveming equal employment opportunity.

In accordance with K.S.A 44-1030, vendor hereby agrees to the following:

A. He or she will observe the provision of the Kansas Commission on Human Rights and will not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, national origin, ancestry, or physical disability.

B. In all solicitations or advertisements for employees, he or she will include the phrase, "Equal Opportunity Employer", or a similar phrase to be approved by the Kansas Commission on Human Rights

C. If he or she fails to comply with the manner in which he or she will be deemed to have breached the present contract, and it may be canceled, terminated, or suspended, in whole or in part, by Shawnee County, Kansas

D. Ifhe or she is found guilty of a violation of the Kansas Act Against Human Rights under a decision, or order of the Kansas Commission on Human Rights which has become final, he or she will be deemed to have breached the present contract, and it may be canceled, terminated, or suspended, in whole or in part, by Shawnee County, Kansas; and,

He or she will include the provisions of subsections (a) through (d) inclusively ofthis paragraph in every subcontract or purchase order so that such provision will be binding upon such subcontractor of vendor

BID FORMS: Bid forms are to be completed, signed and returned to Shawnee County Purchasing Department, 200 SE 7tlt St., Room 201, Topeka, KS 66603. Bids shall be submitted on or before the date and time set for closing of bids. Bids must be securely

· sealed in an envelope addressed and marked on the outside with the name and address of bidder, quotation number and closing date in the lower left-hand comer. Bids by telephone or telegraph, or facsimile will not be accepted.

-SIGNATURE OF BIDS: Each bid must show in the space provided the complete business or mail~ng address of the bidder and must be signed by him with his usual signature.

CLOSING DATE: Sealed bids will be received until2:00 p.m. CST, on the scheduled closing date at which time they will be opened and publicly read. The time clock stamp in the Purchasing Department will conclusively determine the time of receipt. Bids received after the scheduled closing time will not be considered. Bids that do not carry proper identification tnay be rejected. The Purchasing Division will accept no responsibility for the premature opening of a bid not properly identified on the outside of the envelope.

2

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

004-16 02-03-16 02-17-16

MODIFICATION OF BIDS: Bids already submitted may be modified by letter or telegraph provided modification request is received in the Purchasing Division prior to the time set for closing of bids.

WITHDRAWAL OF BIDS: Bids already submitted may be withdrawn. upon proper identification of bidder and provided request is received prior to time of closing. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal after the time set for closing of bids.

NOTICE TO SUCCESSFUL BIDDERS: The successful bidder will be notified by letter or telephone as soon as possible after bids have been opened, t!;lbulated, and analyzed.

NOTICE TO UNSUCCESSFUL BIDDERS: Unsuccessful bidders will not be notified.

NOTE: In the event that goods or services delivered by the vendor are unsatisfactory and remain unsatisfactory after a notice and an opportunity to correct the deficiencies, the County reserves the right to purchase substitute goods or services from the other bidders.

Shawnee County reserves the right to negotiate separately with any vendor after the opening of this RFQ when such action is considered in. its best interest. Subsequent negotiations may be conducted, but such negotiations will not constitute acceptance, · rejection or a counteroffer on the part of the County.

Shawnee County interprets the term "lowest responsible and best bidder" as requiring Shawnee county to :

A. Choose between the kinds of materials, goods, wares, or services subject to the proposal, and

B. · Determine which proposal is most suitable for its intended use or purpose. Shawnee County can consider among other factors such things as labor cost, service and parts availability and maintenance costs of Items upon which proposals are received. Shawnee County can determine any differences or variations in the quality or character of the material, goods, wares or services performed or provided by the respective vendors.

Shawnee County will award the bid, if the successful vendor refuses or fails to make deliveries of the materials/services within the times specified in the RFQ, purchase order or contractual agreement, Shawnee County may be written notice, terminate the contract OR purchase order. The success vendor will certify and warrant that goods, personal property, chattels, and equipment sold and delivered are free and clear of any and all liens, or claims of liens, for materials or services arising under, and by virtue of the provisions of K.S.A. 58-201, et seq., and any other lien, right, or claim of any nature or kind whatsoever.

3

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

004-16 02-03-16 02-17-16

The vendor hereby certifies that he or she has carefully examined all of the docmnents for the project, has carefully and thoroughly reviewed this RFQ, understands the nature and scope of the work to be done; and that this proposal is based upon the terms, specifications, requirements and conditions of the RFQ, and docwnents. The vendor further agrees that the performance time specified is a reasonable time, having carefully considered the nature and scope for the project as aforesaid.

Shawnee County will use discretion with regards to disclosure of proprietary information contained in any response, but cannot guarantee the information will not be mad~ public. As a governmental entity, Shawnee County is subject to maldng records available for disclosure pursuant to the Kansas Open Records Act. Any confidential or proprietary information should be clearly marked.

Shawnee county reserves the right to enter into agreements subject to the provisions of the Cash Basis Law (K.S.A. 10-1112 and 10-1113), the Budget Law (K.S.A.79-2935). Agreements shall be construed and interpreted so as to ensure that the County shall at all times stay in conformity with such laws, and as a condition of agreements the County reserves the right to unilaterally sever, modify, or terminate agreement at any time if, in the opinion of its legal counsel, the Agreement may be deemed to violate the terms of such law.

The vendor. certifies that this proposal is submitted without collusion, fraud or misrepresentation as to other vendors, so that all proposals for the project will result from free, open, and competitive proposing among all vendors.

This Request for Quotation, responses thereto and any contract documents will be governed by the law of the State of Kansas. Any dispute arising out of the same will be litigated only within the courts of the State of Kansas.

Vendor agrees that all data, documents, and information, regardless of form that is generated as a result ofthis Request for Quotation are the property of-Shawnee County. The County shall not be liable to reimburse any vendor for the costs of creating, compiling or delivering the same to the County.

The County is exempt from the payment of Federal ~d excise taxes and from Kansas sales tax.

4

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

004-16 02-03-16 02-17-16

All bids received on or before the specified bid closing time and date shall be publicly opened, read aloud and properly recorded on the bid tabulation sheet. Subsequent to the bid opening, all bids shall be thoroughly evaluated and a determination made as to their compliance with applicable specifications. The appropriate County department heads and the architect or engineer as applicable shall make this determination jointly. Upon completion of the ;:tbove determination, an analysis of all bids sul;Jmitted shall be prepared and formally presented to the Board of County Commissioners for acceptance and approval of the lowest and/or best bid. The Board ofCow1ty Commissioners reserves the right to accept or reject any and/or all bids and to waive any irregularities or informalities therein.

If a4ditional information is required, please contact Mike Welch, P .E.,

Public Works Engineer @785-251-6080.

ti1('~J~,. ~~ Michele Hanshaw, urchasing Specialist

SHOWTERMS A/.ef- 30

F.O.B. -~~~~~~"'--'47'7-r------..:~~;;;._;;;;;. _;:;;;:;;~.--::;;::;:._ ..... -. SIGNED~~c~~~~~~~~~~~~~~~--

TITLE __ -F~~~~~~------------------­PHONE NO.

5

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

TECHNICAL SPECIFICATIONS:

004-16 02-03-16 02-17-16

Shawnee County Public Works requests a price based on the Cotmty picking up the material,

as well as having the material delivered.

PLEASE STATE BEST & FIRM DELIVERY TIME FRAME:

dhliM! 1::.-s 9:} 6:.,-a-><J

It will be the responsibility of the vendor to pick up any material not meeting the specifications, at

no additional cost to the county.

Aluminized corrugated steel pipe shall meet the requirements of Section 1900 of the '

Kansas Department ofTransportation Standard Specification for State Road and Bridge Construction~ current edition, as of the date of this request for quotation.

Galvanized corrugated steel pipe may be requested as an alternate and shall meet the

aforementioned Standard Specifications

PLEASE STATE PERCENTAGE OF DEDUCT/ADDITION FOR GALVANIZED

ALTERNATIVE:

rtu.i> "" AL T 2.. f> A-I c..e. ~ DEDUCT~~ %ADDITION --......__ %

Bid prices shall remain firm for the period of March 1, 2016- February 28, 2017.

BASIS OF BID AWARD:

The recommendation for award of bid shall be based upon the prices submitted for

Aluminized Material. Shawnee County reserves the right to factor transportation costs

into its recommendation for award.

6

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

004-16 02-03-16 02-17-16

Round Pipe Picked Up

2 2/3 x 1/2 Corrugation

16 gage 14 gage 12 gage

12" lL/5 N/4 Diameter 1ft g .q0 1ft 1ft

15" f.1o #/4 Diameter 1ft 1/,/Dift /ft

18" I /,;o I 3,30 Itt Diameter 1ft 12 .{;,!)Itt 21"

/;(. (:.D 15·50 1ft Diameter 1ft ~/.t$ 1ft

2 213 x 112 Corrugation

14 gage 12 gage

24" 17.lf ,;(o/.-!!2 1ft Diameter 1ft

30" .;?.< ~ ...£>.39- lft Diameter 1ft 1ft

~

36" ;1.~.!9 3'=-~ 1ft Diameter 1ft /ft

3 x1 or5 x 1 2 2/3 x 112 Corrugation Corrugation

14 gage 12 gage 10 gage

42" 35 .. ~ '-!:?.~1ft 53~/ft Diameter 1ft

48" 39, !!1- 'l&~tft 00.---lft Diameter 1ft

54" Lj s. -!!3.- 1ft 5i.~ft 6 &'?'1ft Diameter

3 x 1 or 5 x 1 Corrugation 2 213 X 112 Corrugation

14 gage 12 gage 10 gage

60" L/9. ~ m· ,8,~ 1ft ~~~1ft Diameter

66" 55.q!}- 7f'_~lft -

~31-Ift Diameter 1ft

72" ~ 8/,~ 1ft cr l.~m Diameter 1ft .

.qg. ea.

12"wide BandAf12.

/?,~ea.

.;//;:?.~ea.

'19~a. ~ Jl o. ea.

II CJ_3}!ea.

7

78" Diameter

84"

90" Diameter 96" Diameter 102" Diameter

120" Diameter

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

3 x 1 or 5 x 1 Corrugation

004-16 02-03-16 02-17-16

3 x 1 or 5 x 1 Corrugation A

12 gag~NZ..

rs.~ 1ft

8.

I I • t

12" Diameter

15" Diameter

18" Diameter

21" Diameter

24" Diameter

30" Diameter

36" Diameter

42" Diameter

48" Diameter

54" Diameter

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

004-16 02-03-16 02-17-16

2 2/3 x 1/2 Corrugation

16 gage

1ft

q~ /I. /ft I

II.~ /ft {3

/3!! /ft /6 2 2/3 x 1/2 Corrugation

14 gage, 12 gage

;g~ /ft

:13~ /ft 31 1ft

J-7 /ft

3 x 1 or 5 x 1 2 2/3 x 1/2 Corrugation Corrugation

14 gage 12 gage 10 gage

37~ /ft Ljj~lft .5'D~ft

/ft ~O~ttt , I 63t;lft L/ZJs /ft 5b. /ft 70~tt

£!9:. ~.,<j. ea.

~ st.£ --;-·ea.

q!2..

3'. ea.

'(!) .. !..JJ • ea.

9

! J • t

60" Diameter 66" Diameter 72" Diameter

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

14 gage 12 gage

5;< _ff!-ltt 7/~ 1ft

1ft

1ft

2 213 X 112 Corrugation

10 gage

7~1ft ~· ;os--. ea.

??7/g..lft /!§'.~a.

9~tt oa /;2.7, ~a.

.0 ~oo-;ea.

31'16~8. e#: .;{15, ea. ., . 3/::dD. ~-Ilk ea.

~ 37b. ea.

10

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

Arch Pipe Picked Up

004-16 02-03-16 02-17-16

2 213 x 112 Corrugatio'At..v-.:t

16 gage 14 gage 12 gage

17"x13" (15" Arch) ''f-_9 1ft 1/~lft AJ/~ 1ft

21"x15" (18" Arch) II~ 1ft I Itt Nj.q Itt

24"x18" (21" Arch) 13~ Itt Itt

28"x20" (24" Arch) ILJ~:!!- Itt 1$ Itt

14 gage 12 gage

35"x24" (30" Arch) c23~ 1ft 3/~lft JV//f 1ft

42"x29" (36" Arch) r27 1ft 37:3-/ft JV/4 1ft

49"x33" (42" Arch) 32~ /ft 1ft

57"x38" (48" Arch) 30s:;- 1ft 1ft

(;l/.e;g..ea.

12"wide Band£\t1Z..

c23'!h . ea.

·~ Lf/0. ea.

52~ ea.

11

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

3 x 1 or 5 x 1

14 gage

60"x46" (54" Arch)

66"x51"(60" Arch)

73"x56" (66" Arch)

81"x59" (72" Arch) 1ft

004-16 02-03-16 02-17-16

2 213 X 1/2 Corrugation Af...l Z...

12 gage

3 x 1 or 5 x 1 Corrugation

87"x63" (78" Arch)

{84" Arch) 1s~ 1ft

103"x71" (90" Arch) I ot]f!t 1ft

112"x75" (96" Arch) I I:< a_;- m 111"x79" (102" Arch)

128"x83" (108" Arch)

137"x87" (114" Arch)

142"x91" (120" Arch)

!9---111.. ea.

;?t>'(~a.

12

. '

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

Arch Pipe Delivered

17"x13" (15" Arch)

21"x15" (18" Arch)

24"x18" (21" Arch)

28"x20" (24" Arch)

35"x24" (30" Arch)

42"x29" (36" Arch)

49"x33" (42" Arch)

57"x38" (48" Arch)

60"x46" (54" Arch)

66"x51" (60" Arch)

73"x56" (66" Arch)

81"x59" (72" Arch}

16 gage

Cf.~ Itt

!2 .:/ /ft

3 x 1 or 5 x 1 Corrugation

004~16

02~03~16

02-17-16

0(!) 00 l.bs /1/C,v1 cl -ft)-·~_. c.Je h "t--..e.f ~;_,J

14 gage

12" wide Band

0 S3~a.

24"wide Band

/~t.f~a.

!71~

13

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

004-16 02-03-16 02-17-16

3 x 1 or 5 x 1 Corrugation

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)

44-1030

Please include an original and a copy of your hid.

Mandatory provisions applicable to contracts of the state and other political subdivisions; cancellation,

14

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

004M16 02-03-16 02-17-16

when; application to subcontract; non-application to certain contract. (a) Except as provided by subsection (c) of this session,. every contract for or on behalf of the state or any cow1ty or mw1icipality or other political subdivision of the state or any agency of or authority created by any ofthe foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that: 1. The contractor shall observe the provisions of the Kansas act against discrimination and shall not

discriminate against any person in the performance of work under the present contract because of race, religion, color, sex physical handicap wn·elated to such person's ability to engage in the particular work, national origin or ancestry.

2. In all solicitations or advertisements for employees, the contractor shall include the phrase, "equal opportunity employer," or a similar phrase to be approved by the commission.

3. If the contractor fails to comply with the manner in which the contractor reports to the commission in accordance with the provisions ofK.S.A. 44-1032, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, whole or in p~ut, by the contracting agency

4. If the contractor is found guilty of a violation of the Kansas act against discrimination under a decision or order of the commission which has become final, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, in whole or in part, by the contracting agency.

5. The contractor shall include the provisions of paragraphs one (1) through four (4) inclusively o this sub-section (a) in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor. (b) The Kansas commission on civil rights shall not be prevented hereby from requiring reports of contractors found to be not in compliance with the Kansas act against discrimination. (c) The provisions of this section shall not apply to a contract entered into by a contractor: (1) Who employs fewer than four (4) employees during the term of such contract; or (2) Whose contracts with the governmental entity letting such contract cumulatively total five thousand dollars ($5,000) or less during the fiscal year of such governmental entity.

44-1031. Same;.personnel to be used in performing contracts; reports; non-application to certain contractors. Every person, as defined in subsection (a) ofK.S.A. 44-1002, who wishes to enter into a contract which is covered by the provisions ofK.S.A. 44-1030 shall upon request of the commission, inform the commission in writing of the manner in which such person shall recruit and screen personnel to be used in performing the contract. The report shall be made on forms to be supplied by the commission. The provisions ofK.S.A. 44-1030 and of this section shall not apply to any contractor who has already complied with the provisions of such sections by reason of holding a contract with the federal government or a contract involving federal funds.

History: 1.1972, ch.l84, & 15; L. 1975, ch. 264, & 8; L. 1977, ch. 183, & 2; July 1.

15

REQUEST FOR QUOTATION SUBMIT BID TO

PURCHASING DIVISION SHA~ECOUNTYCOURTHOUSE

RoomB-27 Topeka, Kansas 66603

VENDOR METAL ClJLVERIS, OC. QUOTATION NO.

DATE MAILED

CLOSING 2:00P.M.

004-16

02-03-16

02-17-16

ADDRESS P.O. EOX :m, JEFFERSCN 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 condition~ 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. s·. 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 NONE . 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 ofproofregarding "an approved equal" will be upon the bidder.

1

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

004-16 02-03-16 02-17-16

NONDISCRIMINATION: Shawnee County is committed to the concept of equal employment opportunity. All bidders and contractors are expected to comply with the provisions of K.S.A. 44-1030 and 44-1031, copies of which are attached and shall be a part of this contract and other applicable Federal and Kansas laws governing equal employment opportunity.

In accordance with K.S.A 44-1030, vendor hereby agrees to the following:

A. He or she will observe the provision of the Kansas Commission on Human Rights and will not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, national origin, ancestry, or physical disability.

B. In all solicitations or advertisements for employees, he or she will include the phrase, "Equal Opportunity Employer", or a similar phrase to be approved by the Kansas Commission on Human Rights

C. If he or she fails to comply with the manner in which he or she will be deemed to have breached the present contract, and it may be canceled, terminated, or suspended, in whole or in part, by Shawnee County, Kansas

D. If he or she is found guilty of a violation of the Kansas Act Against Human Rights under a decision, or order of the Kansas Commission on Human Rights which has become final, he or she will be deemed to have breached the present contract, and it may be canceled, terminated, or suspended, in whole or in part, by Shawnee County, Kansas; and,

He or she will include the provisions of subsections (a) through (d) inclusively of this paragraph in every subcontract or purchase order so that such provision will be binding upon such subcontractor of vendor

BID FORMS: Bid forms are to be completed, signed and returned to Shawnee County Purchasing Department, 200 SE 7th St., Room 201, Topeka, KS 66603. Bids shall be submitted on or before the date and time set for closing of bids. Bids must be securely sealed in an envelope addressed and marked on the outside with the name and address of bidder, quotation number and closing date in the lower left-hand corner. Bids by telephone or telegraph, or facsimile will not be accepted.

SIGNATURE OF BIDS: Each bid must show in the space provided the complete business or mailing address of the bidder and must be signed by him with his usual signature.

CLOSING DATE: Sealed bids will be received until2:00 p.m. CST, on the scheduled closing date at which time they will be opened and publicly read. The time clock stamp in the Purchasing Department will conclusively determine the time of receipt. Bids received after the scheduled closing time will not be considered. Bids that do not carry proper identification may be rejected. The Purchasing Division will accept no responsibility for the premature opening of a bid not properly identified on the outside of the envelope.

2

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

004-16 02-03-16 02-17-16

MODIFICATION OF BIDS: Bids already submitted may be modified by letter or telegraph provided modification request is received in the Purchasing Division prior to the time set for closing of bids.

WITHDRAWAL OF BIDS: Bids already submitted may be withdrawn upon proper identification of bidder and provided request is received prior to time of closing. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal. after the time set for closing of bids.

NOTICE TO SUCCESSFUL BIDDERS: The successful bidder will be notified by letter or telephone as soon as possible after bids have been opened, tabulated, and analyzed.

NOTICE TO UNSUCCESSFUL BIDDERS: Unsuccessful bidders will not be notified.

NOTE: In the event that goods or services delivered by the vendor are unsatisfactory and remain unsatisfactory after a notice and an opportunity to correct the deficiencies, the County reserves the right to purchase substitute goods or services from the other bidders.

Shawnee County reserves the right to negotiate separately with any vendor after the opening of this RFQ when such action is considered in its best interest. Subsequent negotiations may be conducted, but such negotiations will not constitute acceptance, · rejection or a counteroffer on the part of the County .

. Shawnee County interprets the term "lowest responsible and best bidder" as requiring Shawnee county to :

A. Choose between the kinds of materials, goods, wares? or services subject to the proposal, and

B. Determine which proposal is most suitable for its intended use or purpose. Shawnee County can ·consider among other factors such things as labor cost, service and parts availability and maintenance costs of items upon which proposals are received. Shawnee County can determine any differences or variations in the quality or character of the material, goods, wares or services performed or provided by the respective vendors.

Shawnee County will award the bid, if the successful vendor refuses or fails to make deliveries of the materials/services within the times specified in the RFQ, purchase order or contractual agreement, Shawnee County may be written notice, terminate the contract OR purchase order. The success vendor will certify and warrant that goods, personal property, chattels, and equipment sold and delivered are free and clear of any and all liens, or claims of liens, for materials or services arising under, and by virtue of the provisions of K.S.A. 58-201, et seq., and any other lien, right, or claim of any nature or kind whatsoever.

3

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

004-16 02-03-16 02-17-16

The vendor hereby certifies that he or she has carefully examined all of the documents for the project, has carefully and thoroughly reviewed this RFQ, understands the nature and scope of the work to be done; and that this proposal is based upon the terms, specifications, requirements and conditions of the RFQ, and documents. The vendor further agrees that the performance time specified is a reasonable time, having carefully considered the nature and scope for the project as aforesaid.

Shawnee County will use discretion with regards to disclosure of proprietary information contained in any response, but cannot guarantee the information will not be made public. As a governinental entity, Shawnee County is subject to making records available for disclosure pursuant to the Kansas Open Records Act. Any confidential or proprietary information should be clearly marked.

Shawnee county reserves the right to enter into agreements subject to the provisions of the Cash Basis Law (K.S.A. 10-1112 and 10-1113), the Budget Law (K.S.A.79-2935). Agreements shall be construed and interpreted so as to ensure that the County shall at all times stay in conformity with such laws, and as a condition of agreements the County reserves the right to unilaterally sever, modify, or terminate agreement at any time if, in the opinion of its legal counsel, the Agreement may be deemed to violate the terms of such law.

The vendor certifies that this proposal is submitted without collusion, fraud or­misrepresentation as to other vendors, so that all proposals for the project will result from free, open, and competitive proposing among all vendors.

This Request for Quotation, responses thereto and any contract documents will be governed by the law of the State of Kansas .. Any dispute arising out of the same will be litigated only within the courts of the State of Kansas.

Vendor agrees that all data, documents, and information, regardless of form that is generated as a result of this Request for Quotation are the property of Shawnee County. The County shall not be liable to reimburse any vendor for the ·costs of creating, compiling or delivering the same to the County.

The County is exempt from the payment of Federal ~d excise taxes and from Kansas sales tax.

4

QUOTATION NO. DATE MAILED

. CLOSING 2:00 PM

004-16 02-03-16 02-17-16

All bids received on or before the specified bid closing time and date shall be publicly opened, read aloud and properly recorded on the bid tabulation sheet. Subsequent to the bid opening, all bids shall be thoroughly evaluated and a determination made as to their compliance with applicable specifications. The appropriate County department heads and the architect or engineer as applicable shall make this determination jointly. Upon completion of the ~hove determination, an analysis of all bids submitted shall be prepared and formally presented to the Board of County Commissioners for acceptance and approval of the lowest and/ or best bid. The Board of County Commissioners reserves the right to accept or reject any and/or all bids and to waive any irregularities or informalities therein.

If a4ditional information is required, please contact Mike Welch, P.E.,

Public Works Engineer @785-251-6080.

'fi1e\dJ-~R'J Michele Hanshaw, urchasing SpecialiSt

SHOW TERMS NET :r> DAYS --~~~==--------------

DELIVERY WILL BE MADE 2-3 WEEKS A.R.O. rn~~~~~~~--~--DELIVERED PIPE - F .O.B. SHAWNEE CXlJNIY, KANSAS

F.O.B. PICKED TIP PIPE - F 0 B MET.AJ, Qff..VERIS Pl..tOO'

SIGNED~ TITLE EMIL~, SALES REPRESENTATIVE

PHONE NO. (573) 636--7312 FAX (573) 634-8729

E MAIL. saleE@retalculverts.can

5

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

TECHNICAL SPECIFICATIONS:

004-16 02-03-16 02-17-16

Shawnee County Public Works requests a price based on the County picking up the material,

as well as having the .material delivered.

PLEASE STATE BEST & FIRM DELIVERY TIME FRAME:

2-3 WEEKS A.R.O.

It will be the responsibility of the vendor to pick up any material not meeting the specifications, at

no additional cost to the county.

Aluminized corrugated steel pipe shall meet the requirements of Section 1900 of the ' ;

Kansas Department of Transportation Standard Specification for State Road and Bridge Construction,

current edition, as of the date of this request for quotation.

Galvanized corrugated steel pipe may be requested as an alternate and shall meet the

aforementioned Standard Specifications

PLEASE STATE PERCENTAGE OF DEDUCT/ADDITION FOR GALVANIZED

ALTERNATIVE:

DEDUCT __ s __ % ADDITION ______ %

Bid prices shall remain firm for the period ofMarch 1, 2016- February 28,2017.

BASIS OF BID AWARD:

The recommendation for award of bid shall be based upon the prices submitted for

Aluminized Material. Shawnee County reserves the right to factor transportation costs

into its recommendation for award.

6

QUOTATION NO. 004-16 DATE MAILED 02-03-16 CLOSING 2:00 PM 02-17-16

Round Pipe Picked Up

2 213 x 112 Corrugation

16 gage 14 gage 12 gage

12" 1ft 1ft 1ft Diameter 8.37 10.54 14.00 45.38

15" Diameter 10.54 1ft 13.36 1ft 18.50 1ft 57.66 ea. II

18" 1ft 1ft 1ft Diameter 12.51 15.00 22.20 74.70 ea. II

21" 1ft 1ft 1ft Diameter 13.39 18.81 25.99 ea. II

2 213 x 112 Corrugation

14 gage 12 gage 10 gage

24" 21.07 1ft 1ft 1ft Diameter 29.63 36.87 111.40

30" 25.87 1ft 36.30 1ft 46.09 1ft 188.07 Diameter

36" Diameter

30.85 1ft 43.26 1ft 55.30 1ft 303.14

3 x 1 or 5 x 1 2 213 x 112 Corrugation Corrugation

12"wide 14 gage 12 gage 10 gage Band 42" 38.44 1ft 50.69 1ft 64.71 1ft 571.76

SAME AS Diameter .ea.

1.5' OF PIPE 48"

43.77 1ft 57.75 1ft 73.74 1ft 665.42 II Diameter ea.

54" 49.00 1ft 1ft 1ft Diameter 65.85 84.09 ea. II

3 x 1 or 5 x 1 Corrugation 2 213 X 112 Corrugation

14 gage 12 gage 10 gage

60" 54.34 1ft 76.28 1ft 1ft Diameter 92.64 1182.75

66" 59.38 1ft 83.19 1ft 1ft ea.

Diameter 101.57 1271.67 II

72" 64.62 1ft 90.00 1ft 110.00 1ft 1409.71 II ea. Diameter

NOIE: METAL END SECTIONS QilllED AS GALVANIZED AilJMINIZED NJT AVAll.ABLE IN 8 GA. AIL 8 GA QUJIED AS GALVANIZED 7

78" Diameter

84" Diameter

90" Diameter

96" Diameter

102" Diameter

108" Diameter

114" Diameter

120" Diameter

QUOTATION NO. DATE MAILED CLOSING 2:00PM

3 x 1 or 5 x 1 Corrugation

12gage 10 gage

98.11 1ft 125.38

004-16 02-03-16 02-17-16

1ft

2 213 X 112 Corrugation

137.48

3 x 1 or 5 x 1 Corrugation

12 gage 10 gage 8 gage

105.42 1ft 134.86 1ft 174.37 1ft

112.93 1ft 144.34 1ft 186.00 1ft

120.34 1ft 153.83 1ft 198.82 1ft

128.04 1ft 162.73 1ft 210.49 1ft

172.31 1ft 222.00 1ft

181.79 /ft 235.00 1ft

191.27 Itt 247.33 1ft

24" Wide Band

SAME AS 1fh7 .25 2'0F~·

2144.15 II ea.

2210.18 II ea.

N/A II ea.

N/A II ea.

N/A II ea.

N/A II ea.

8

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

004-16 02-03-16 02-17-16

Round Pipe Delivered

2 213 x 112 Corrugation

16 gage 14 gage 12 gage

12" 8.81 1ft 11.09 1ft 15.58 1ft Diameter

15" 1ft 1ft 1ft Diameter 11.09 14.06 19.47

18" 13.17 1ft 16.63 Itt 23.36 1ft Diameter

21" 15.25 1ft 19.00 1ft 27.36 1ft Diameter

2 213 x 112 Corrugation

14 gage, 12 gage 10 gage

24" 22.18 1ft 31.19 1ft 38.81 1ft Diameter 30" 27.23 1ft 38.21 Itt 48.51 1ft Diameter 36" 32.47 Itt 45.54 1ft 58.21 1ft Diameter

3 x 1 or 5 x 1 2 213 x 112 Corrugation Corrugation

14 gage 12 gage 10 gage

42" 40.tro 1ft Diameter 53.36 1ft 68.11 /ft

48" Diameter tro.07 Itt fiJ.79 I Itt 77.62 1ft

54" 51.58 Itt 69.32 1ft 88.51 1ft Diameter

NOIE: METAL END SECI'IONS WJ.[ED AS GALVANIZED. AUJMINIZED NOr AVAIJ.ABLE m 8 GA. AIL 8 GA· qmED AS GALVANIZED

47.77

fiJ.69 ea. II

78.63 ea. II

94.65 ea. II

12"wide Band

SAME AS ea. 1.5' OF PIPE

ea. II

ea. II

12" wide Band

fiJ1.84 ea. SAME AS 1.5 I OF :ffl>E

II. SAME AS 700.44 ea. ea. 2' OF PIPJf·

830.15 ea. II ea. .II ea.

9

QUOTATION NO. 004-16 DATE MAILED 02-03-16 CLOSING 2:00 PM 02-17-16

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 80.29 /ft 97.52 /ft Diameter

66" 62.50 /ft 87.57 /ft 105.92 /ft Diameter

7,2" 68.02 /ft 95.37 /ft 116.42 /ft 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 Diameter

3 x 1 or 5 x 1 Corrugation

12 gage 10 gage

84" 110.97 /ft 141.96 /ft 183.55 /ft Diameter 90"

118.87 /ft 151.94 /ft 196.42 /ft Diameter 96"

126.67 1ft Diameter 161.93 1ft 209.28 /ft

102" 134.78 1ft 171.29 /ft 221.57 /ft Diameter 108"

181.38 /ft 234.53 /ft Diameter 114"

191.36 1ft 247.39 /ft Diameter 120" 201.34 Diameter 1ft 260.35 /ft

1245.21

1338.62

1483.89

1753.68

2256.96

2326.45

N/A

N/A

N/A ea.

N/A

24"wide Band

SAME AS 2' OF prffiS·

II ea.

II ea.

II ea.

" ea.

II ea.

II ea.

II ea.

II ea.

10

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

Arch Pipe Picked Up

004-16 02-03-16 02-17-16

2 2/3 x 112 Corrugation

16 gage 14 gage 12 gage

17"x13" (15" Arch) 11.29 1ft 14.201ft 19.21/ft

21"x15" (18" Arch) 13.26 /ft 16.64tft 23.05tft

24"x18" (21" Arch) 15.43 /ft 19.75/ft 26.71/ft

28"x20" (24" Arch) 17.87 /ft 22.19/ft 30. 751ft

2 2/3 x 112 Corrugation

14 gage 12 gage 10 gage

35"x24" (30" Arch) 26.99 1ft 37 .531ft 47 .22/ft

42"x29" (36" Arch) 32.17 /ft 44.58/ft 56.62/ft

49"x33" (42" Arch) 37.53 /ft 52.201ft 66.22/ft

57"x38" (48" Arch) ~~ 42.88 1ft 59.351ft 75.3lJ/ft

~~ OOES NOr MEET H20 LIVE IDAD

67.99 ea.

82.69 ea. II

97.43 ea. II

283 • .54 ea. II

411.06 ea. II

512.60ea. II

11

• ' I

QUOTATION NO. 004-16 DATE MAILED 02-03-16 CLOSING 2:00 PM 02-17-16

3 x 1 or 5 x 1 2 2/3 X 1/2 Corrugation Corrugation

14 gage 12 gage 10 gage

60"x46" (54" Arch) 50.88 1ft 67.62/ft

66"x51" (60" Arch) 56.41 1ft .. ~ 74.49/ft

3 x 1 or 5 x 1 Corrugation

24"wide 12 gage 10 gage Band

73"x56" (66" Arch) 85.66 /ft 103.84/ft 119.91/ft SAME AS 2' OF p:r:Pif·

81"x59" {72" Arch) 93.46 /ft 113.05/ft 1~.58'ft II ea.

3 x 1 or 5 x 1 Corrugation

12 gage 10 gage

87"x63" (78" Arch) 106.21 /ft 129.13/ft 148.36'ft

96"x67" (84" Arch) 109.76 /ft 139.40/ft 160.25'ft II ea.

103"x71" (90" Arch) 117.97 . /ft 149.59/ft 171.95'ft II ea.

112"x75" (96" Arch) 126.17 /ft 159.47/ft 183.38'ft II ea.

117"x79" (1 02" Arch) 169.44/ft 194.cxJft N/A II ea.

128"x83" (108" Arch) 179.82/ft 206.69ft N/A II ea.

137"x87" (114" Arch) 190.78/ft 219.3ift N/A II ea.

142"x91" (120" Arch) 203~93/ft 234.43'ft N/A II ea .

.,~ roES NOI' MEET H20 UVE WAD

12

... .,

QUOTATION NO. 004-16 DATE MAILED 02-03-16 CLOSING 2:00 PM 02-17-16

Arch Pipe Delivered

2 2/3 x 1/2 Corrugation

16 gage 14 gage

17"x13" (15" Arch) 11.88 /ft 14.95 /ft 20.22 /ft 61.03

21"x15" (18" Arch) 13.96 /ft 17.52 /ft 24.26 /ft 71.57 ea. II

24"x18" (21" Arch) 16.24 /ft 20.79 /ft 28.12 /ft 87.04 ea. II

28"x20" (24" Arch) 18.81 /ft 23.36 /ft 32.37 /ft ea. II

2 2/3 x 1/2 Corrugation

14 gage 12 gage

35"x24" (30" Arch) 28.41 /ft 39.5£) /ft 49.70 /ft 158.78

42"x29" (36" Arch) 33.86 /ft 46.93 /ft 59.00 /ft 251.00 ea. II

49"x33" (42" Arch) 39..5£) /ft 54.95 /ft 69.70 /ft 432.69 ea. II

57"x38" (48" Arch) ~~ 45.14 /ft 62.47 /ft 79.?/J /ft 539.58 ea .. II

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

66"x51" (60" Arch) 59.38 1ft 78.41 /ft

3 x 1 or 5 x 1 2 2/3 X 1/2 Corrugation

12 gage 10 gage

73"x56" (66" Arch) 90.17 /ft 100.?/J /ft 126.22 /ft 1328.21

81"x59" (72" Arch) 98.38 1ft 119.00 /ft 137.45 /ft 1411.25 II ea.

* OOE3 mi' MEET H20 LIVE lDAffi

13

'• .I . QUOTATION NO. 004-16 DATE MAILED 02-03-16 CLOSING 2:00 PM 02-17-16

3 x 1 or 5 x 1 Corrugation

12 gage 10 gage

87"x63" (78" Arch) 111.00 Itt 135.93 Itt 1.56.17 1ft 1695.45

96"x67" (84" Arch) 115.54 Itt 146.74 Itt 168.68 1ft 1749.65 " ea.

1 03"x71" (90" Arct}) 124.18 1ft 157.46 Itt 181.00 1ft 1959.58 " ea.

112"x75" (96" Arch) 132.81 1ft 167;86 1ft 193.03 1ft 22ffi.f:IJ " ea.

117"x79" (1 02" Arch) 178.36 Itt 205.16 Itt N/A " ea.

128"x83" (1 08" Arch) 189.28 Itt 217.57 1ft N/A " ea.

137"x87" (114" Arch) 200.82 1ft 230.86 Itt N/A " ea.

142"x91" (120" Arch) 214.ffi Itt 246.77 Itt N/A " ea.

Please include an original and a copy of your bid.

44-1030 Mandatory provisions applicable to contracts of the state and other political subdivisions; cancellation,

14

•·" I .. ~

QUOTATION NO. DATE MAILED CLOSING 2:00 PM

004-16 02-03-16 02-17-16

when; application to subcontract; non-application to certain contract. (a) Except as provided by subsection · (c) of this session, every contract for or on behalf of the state or any county or municipality or other political subdivision of the state or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that: 1. The contractor shall observe the provisions of the Kansas act against discrimination and shall not

discriminate against any person in the performance of work under the present contract because of race, religion, color, sex physical handicap unrelated to such person's ability to engage in the particular work, national origin or ancestry.

2. In all solicitations or advertisements for employees, the contractor shall include the phrase, "equal opportunity employer," or a similar phrase to be approved by the commission.

3. If the contractor fails to comply with the manner in which the contractor reports to the commission in accordance with the provisions ofK.S.A. 44-1032, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, whole or in part, by the contracting agency

4. If the contractor is found guilty of a violation of the Kansas act against discrimination under a decision or order of the commission which has become final, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, in whole or in part, by the contracting agency.

5. The contractor shall include the provisions of paragraphs one (1) through four (4) inclusively o this sub-section (a) in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor. (b) The Kansas commission on civil rights shall not be prevented hereby from requiring reports of contractors found to be not in compliance with the Kansas act against discrimination. (c) The provisions of this section shall not apply to a contract entered into by a contractor: (1) Who employs fewer than four ( 4) employees during the term of such contract; or (2) Whose contracts with the governmental entity letting such contract cumulatively total five thousand dollars ($5,000) or less during the fiscal year of such governmental entity.

44-1 031. Same; personnel to be used in performing contracts; reports; non-application to certain contractors. Every person, as defmed in subsection (a) ofK.S.A. 44-1002, who wishes to enter into a contract which is covered by the provisions ofK.S.A. 44-1030 shall upon request of the commission, inform the commission in writing of the manner in which such person shall recruit and screen personnel to be used in performing the contract. The report shall be made on forms to be supplied by the commission. The provisions ofK.S.A. 44-1030 and of this section shall not apply to any contractor who has already complied with the provisions of such sections by reason of holding a contract with the federal government or a contract involving federal funds.

History: 1.1972, ch.184, & 15; L. 1975, ch. 264, & 8; L. 1977, ch. 183, & 2; July 1.

15

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February 29, 2016

Shawnee County

Department of Public Works 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

785-251-6101 FAX 785-251-4920

THOMAS C. VLACH, P.E. DIRECTOR OF PUBLIC WORKS

COUNTY ENGINEER

TO: BOARD OF COUNTY COMMISSIONERS

FROM: THOMAS C. VLACH, P.E. \'l

SUBJECT: HA YDITE - QUOTE #003-16: PRIOR APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS ISSUED FEBRUARY 1, 2016.

DISCUSSION: Sealed bids were advertised and solicited for the purchase and delivery of 6,250 c.y. ofHaydite light weight aggregate material (as available). Two bids were received.

COMPANY

Kansas Sand & Concrete Buildex, Inc.

UNIT PRICE (per c.y)

$46.50 $48.70

TOTAL

$290,625.00 $304,375.00

Shawnee County residents will benefit by the approval of this request in that the SCDPW will be able to perform significant preventative road maintenance work on approximately 50 miles of its roadway system. The provision of preventative maintenance has proven historically to reduce the long-term maintenance costs of roadway systems, as compared to deferring maintenance until such a time that much more costly maintenance work is required. Providing timely preventative maintenance results in a safer roadway for motorists and minimizes the tax support ultimately needed for adequate roadway maintenance.

The financial impact of this request is $290,625.00 and is not anticipated to have any adverse effects upon the SCDPW budget. Kansas Sand & Concrete will actually be obtaining the material from Buildex who has supplied Haydite to SCDPW for the past several years.

RECOMMENDATION:

Award the bid to Kansas Sand & Concrete, Inc. the lowest most responsive bidder meeting the minimum specifications.

Funding for this material will be from the 2016 Public Works Road Maintenance Fund (Account No. 10PW126 50351)

TABULATION OF BIDS FEB 17 2016 FM 2~0~1

DEPARTMENT Public Works QUOTATION NUMBER 003-16 Haydite Date 02-17-16

PEOPLE PRESENT Michele Hanshaw and Cassv Duer NAMES OF Price Per Cubic Total Bid Price Quarry Address BIDDERS Yard Build ex

_1~:-:t-Q 504 1 -31-tO ~ oo 2.2J~ St-o'-~ KtJ\A.-te. ~ 1-l \)etvt~e~rn_j MD t . .A 11 . ..2 lat rr rr~ :1_.

KS Sand & Concrete 4Lo.'?O 2'1Dt tot5.00 12..q1o NtfiJ VYlttrW ed. l>etlrbor-n , rno

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Shawnee County Health Agency

February 29, 2016

TO:

FROM:

Board of Commissioners Shawnee County

Alice Weingartner Q.JJ} r Director - Community Health Center

Leading the Way to a Healthier Shawnee County

RE: Approval to utilize temporary staffing agency to fill vacant Nurse position(s) in the Shawnee County Health Agency - Community Health Center (SCHA-CHC)

Action requested: Approval to fill Nurse position(s) in the SCHA-CHC through a temporary staffing service, Cascade Health Service.

The Community Health Center currently has three vacant nurse positions. These positions support the triage function in the clinic. Due to lack of applications being received, we are requesting to use a staffing agency to fill these positions until qualified applicants can be hired. The use of a staffing agency will help in reducing the burden and stress on clinic staff and ensure appropriate staffing levels for covering operations.

The current status of each position is as follows:

Position 1 - Filled with a contract nurse from Cascade Health Services with the current agreement set to expire on April 3, 2016. It is proposed that this agreement be extended until June 23, 2016. This individual has been with the CHC for approximately 9 months and has been fully trained.

Position 2 - Proposing to fill with a contract nurse from Cascade Health Services from March 7-June 30,2016.

Position 3 - Propose to keep position posted to the general public through Shawnee County Human Resources.

The rate quoted by Cascade Health Services for a registered nurse is $50.95 per hour. We have met and conferred with the Teamsters representative and they are agreeable to this request.

Cc: Jim Crowl, Interim County Human Resources Director Mike Scribner, Teamsters Dianna Yates, Division Manager Alice Weingartner, Director

1615 SW 8th Topeka, KS 66606 I 785.251.2000 www .shawneehea lth.org

Individual Service Agreement Guaranteed Hours of TEMP Client Form

This service agreement allows Client to utilize the services of a Temp cascade Employee on a regular basis, for a set length of time, as outlined below.

1en an asca e ea erv1ces aaree 0 e o owma: Start Date: 3/7/16 End Date: 7/1/16

Unit: Clinic #of Weeks: 17

Schedule: Days # of Hours Guaranteed: (Cascade PPE, MONday to SUN night shift) 40

Client may cancel ONE shift OR part of ONE shift, every 30 days Client may cancel ONE shift every 30 days during the contract. Defined as: The first time client cancels any shift,

they can NOT cancel another shift, for 30 days after each subsequent Use Cascade PPE of Monday to Sunday cancellation

Hourly Bill Rate: *from SSA, or negotiated $50.95 Hours Over 40: (1.5 of bill rate?) Any hours over 40 are billed at 1.4x

Orientation: Bill Regular Rates Holidays: Billed at 1.4x for Night shift the night before, and day, evening

and night shift the day of: New Year's Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas Day. Christmas Eve & New Year's Eve= Evening shift

ISA prepared by: . Maggie

*IF USTED ABOVE, Weekly # of hours agreed upon above are guaranteed to Temp while on this agreement. Client will be billed for the # of hours weekly stated above, even if Clieht'i:Jecides to utilize Temp for fewer hours per week than stated. IF Temp must cancel any shifts during this agreement Client will NOT be billed for the guaranteed hours in that particular week.

This agreement is cancelable for poor performance of employee, and that performance must be reported to Cascade and documented in writing by Client and such documentation must be given to Cascade within 48 hours of incident or cancellation of agreement. Upon request, Cascade will make it's best effort to replace Temp.

*If Client/Cascade have a previously agreed upon and signed arrangement, the fees and time frames for buyout/hiring fees may be less than below- RN: $3000, LPN/LPIV: $2000, PT/OT/RT: $8500, CNA: $1500, CMA/CMT: $1750, PTA/COTA: $6000, others-contact mgmt. for amounts. *After written notification from Client of intention to buy out Cascade Healthcare Professional, Healthcare Professional may be put on a 520 hour temp to perm contract, with up to a $1500 conversion fee at the end of contract. If Client desires to hire Cascade Healthcare Professional outright without utilizing temp to perm contract, fees will be as listed above. All past invoices must be paid to current for Healthcare Professional to begin employment with Client. Client may not hire Healthcare Professional through ANY entity/sister facility or any related entity without written approval of Cascade or fees will still apply. *Cascade Healthcare Professionals who have worked for Client through Cascade may not be hired for a period of 6 months from last day of work for Client without incurring buyout/recruitment fees. ***Use of our services/personnel binds Client to tenns of our rate letter regardless of signature(s.)

I Signature: I Date:

Individual Service Agreement Guaranteed Hours of TEMP Client Form

This service agreement allows Client to utilize the services of a Temp Cascade Employee on a regular basis, for a set length of time, as outlined below.

Prior to utilizing this agreement, Client must have a signed SSA (or similar staffing agreement) and Rate Letter for PRN staffing on file. ALL terms of SSA and Rate Letter apply to this agreement UNLESS specifically altered below. If Client has not returned signed Rate L & SS f b h II I b I etter A termso ot wi apply J'l virtue of uti ization of our staff under this !SA.

Today's Date: I 2/24/16 I Employee: I Sara GrandPre Class: I RN I Client City, State: I Shawnee County Health, Topeka, KS "Client" and Cascade Health Services aaree to the followina:

Start Date: 4/4/16 (Original 7/27/15 to 10/18/15 then 10/19/15 to 12/31/15 then 1/4/16 to 4/3/16)

End Date: 6/23/16 Unit: Clinic

#of Weeks: 12 Schedule: Days

# of Hours Guaranteed: (Cascade PPE, MONday to SUN night shift) 30 Client may cancel ONE shift OR part of ONE shift, every 30 days Client may cancel ONE shift every 30 days

during the contract. Defined as: The first time client cancels any shift, they can NOT cancel another shift, for 30 days after each subsequent

Use Cascade PPE of Monday to Sunday cancellation

Hourly Bill Rate: *from SSA, or negotiated $50.95 Hours Over 40: (1.5 of bill rate?) Any hours over 40 are billed at 1.4x

Dates off Approved Possibly 1 week in May Orientation: Bill Regular Rates

Holidays: Billed at 1.4x for Night shift the night before, and day, evening and night shift the day of: New Year's Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas

. Day. Christmas Eve & New Year's Eve = Evening shift ISA prepared by: Maggie

', '

*IF USTED ABOVE, Weekly # of hours agreed upon above are guaranteed to Temp whtle on thts agreement. C/tent will be billed for the # of hours weekly stated above, even if Clieht di!cides to utilize Temp for fewer hours per week than stated. IF Temp must cancel any shifts during this agreement Client will NOT be billed for the guaranteed hours in that particular week.

This agreement is cancelable for poor performance of employee, and that performance must be reported to cascade and documented in writing by Client and such documentation must be given to Cascade within 48 hours of incident or cancellation of agreement. Upon request, Cascade will make it's best effort to replace Temp.

*If Client/Cascade have a previously agreed upon and signed arrangement, the fees and time frames for buyout/hiring fees may be less than below- RN: $3000, LPN/LPN: $2000, PT/OT/RT: $8500, CNA: $1500, CMA/CMT: $1750, PTA/COTA: $6000, others-contact mgmt. for amounts. *After written notification from Client of intention to buy out Cascade Healthcare Professional, Healthcare Professional may be put on a 520 hour temp to perm contract, with up to a $1500 conversion fee at the end of contract. If Client desires to hire Cascade Healthcare Professional outright without utilizing temp to perm contract, fees will be as listed above. All past invoices must be paid to current for Healthcare Professional to begin employment with Client. Client may not hire Healthcare Professional through ANY entity/sister facility or any related entity without written approval of Cascade or fees will still apply. *Cascade Healthcare Professionals who have worked for Client through Cascade may not be hired for a period of 6 months from last day of work for Client without incurring buyout/recruitment fees. ***Use of our services/personnel binds Client to terms of our rate letter regardless of signature(s.)

I Signature: I Date:

Shawnee County Health Agency

February 29, 2016

TO:

FROM:

Board of Commissioners Shawnee County

Alice Weingartner~ Director- Community Health Center

Leading the Way to a Healthier Shawnee County

RE: Approval to create and fill an intermittent provider position.

Action Requested: Approval to create and fill an intermittent provider position.

With the recent closing of Marian Clinic and the loss of several providers due to retirement and new employment, I am requesting to create and fill an intermittent provider position.

A provider from Marian Clinic has been identified and is willing to provide services for patients seen in the CHC. The provider has agreed to be paid at a reduced hourly rate as their intent is to serve the community and those in need of quality medical care and provide services up to 2 days per week.

It is anticipated the weekly cost would not exceed $200 per week. The cost would also include the 12% benefit amount per Human Resources that is applied to intermittent positions. The costs associated with this position would be captured through reimbursement for services and grant funding.

Some of the PCN particulars are as follows:

Effective Date: To be determined based on approval of this request Department Name: Shawnee County Health Agency PCN: HAX004 Job Code: 99404 Job Title: INTMT PROFESSIONAL E Fund: 11 FQ020 Object: 50106 Pay Class: 120 Division: HACH Check Distribution: HA20 Calendar: NORMAL FTE Amount: INTMT Salary Index Key: 999/NA/MN Wage: $10.00 Anniversary Date: To be determined based on approval ofthis request Annual Leave Accumulation: NA

AW/tnjc

cc: Jim Crowl, Interim County Human Resources

1615 SW 8th Topeka, KS 66606 I 785.251.2000 www.shawneehealth.org