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BOARD OF COUNTY COMMISSIONERS REVISED AGENDA THURSDAY, JUNE 13, 2019, 9:00 AM
COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS
II. UNFINISHED BUSINESS
III. CONSENT AGENDA
1. Consider authorization and execution of Contract C219-2019, renewal of Contract C146-2018 with MVP Systems Software, Inc., for annual maintenance for JAMS Small Business Edition job scheduling software with funding of $3,675.00 from the Information Technology 2019 budget—Information Technology.
2. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $4,535.06—District Attorney.
3. Consider approval of request to pay $20,000.00 from the Diversion Fund to go towards payment of an invoice from Cytek Media Systems, Inc. for the audio visual installation in the Duty Judge Courtroom, Room 311 in the Shawnee County Courthouse—District Attorney.
4. Consider authorization and execution of Contract C220-2019, Engagement to Represent the Board of County Commissioners in an action to recover damages related to the manufacture and distribution of prescription opiates to the residents of Shawnee County; there will be no fees or expenses for this action unless there is a recovery of damages on behalf of Shawnee County—County Counselor.
5. Reflect that Commissioner Archer signed a letter of support for Mirror’s grant application for the Second Chance Act Comprehensive Community-Based Adult Reentry Program—Corrections.
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. 2019-36 authorizing the sale, issuance and delivery of general obligation refunding bonds, series 2019 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 Archer.
C. PARKS + RECREATION – John Knight
1. Consider approval of request to award a bid to Fry and Associates to provide the concrete foundations, shelters, and installations at Skyline Park, Shunga Glen and Collins Park sites at a cost of $64,415.00 with funding from All Foundation funds ($16,535.00) and Parks + Recreation operating funds ($47,880.00) and authorization and execution of Contract C221-2019 for same.
D. HEALTH DEPARTMENT – Linda Ochs
1. Consider authorization and execution of Contract C222-2019, Memorandum of Understanding with Washburn University to use the Petro Building as an open Point of Dispensing in Shawnee County with no costs to Shawnee County.
E. FACILITIES MAINTENANCE – Bill Kroll
1. Consider approval of request to utilize $14,768.18 in contingency funding to finance emergency repairs to the west Courthouse Chiller ($6,501.82 for services and $3,699.00 for 540 lbs of R-134 refrigerant) and repairs for the Leibert unit for cooling ($4,567.36) at the Elections Office server room.
F. CORRECTIONS – Brian Cole
1. Consider approval of request to change the two Division Manager positions in the Community Corrections Division from unclassified to classified positions with no financial impact on the agency.
2. Consider authorization and execution of Contract C223-2019, Memorandum of Understanding with Orion Education and Training to provide an Adult Diploma Completion Program to eligible inmates at the Adult Detention Center with no costs to Shawnee County.
G. INFORMATION TECHNOLOGY – Pat Oblander
1. Consider approval to redirect a $7,500.00 savings from the firewall replacement project and put it towards the expected cost of $15,000.00 needed for the completion of a telecommunications fiber connection between the Kansas Expocentre and the Shawnee County IP network; the additional $7,500.00 would be paid from the 2019 Information Technology Tech Refresh budget.
H. COUNTY COUNSELOR- Jim Crowl
1. Consider authorization and execution of Contract C224-2019, Change Order No. 7, with HTK and Kelley Construction, increasing the contract costs by $14,336.10 for the East Topeka Learning Center renovation project.
I. KANSAS EXPOCENTRE – Kellen Seitz
1. Consider authorization and execution of Contract C225-2019 for naming rights at the Kansas Expocentre.
J. EMERGENCY MANAGEMENT – Dusty Nichols (added item)
1. Consider authorization and execution of Contract C226-2019, Mutual Aid to make resources available for the 2019 Country Stampede event with participating political subdivisions.
V. ADMINISTRATIVE COMMUNICATIONS
VI. EXECUTIVE SESSIONS
Memorandum
Date: June 3, 2019
To: Board of County Commissioners
From: PatOblander, Information Technology Director
RE: Renew the Annual maintenance with HelpSystems.
JJL,_ Shawnee County
Information Technology Room 205, Courthouse
200 SE 7th S1reet
Topeka, Kansas 66603-3933
The Information Technology department is seeking approval to renew the annual maintenance
agreement (C146-2018), with HelpSystems, previously MVP Systems Software, for JAMS Small
Business Edition job scheduling software. This software is used to automate and schedule up to
250 daily software tasks or batch process {SQL Server backups, report generation, installations
of update packages, etc.)
Funding to support this item, $3,675, is contained within the Information Technology 2019
budget.
CPO/fhm
fax 785-2.91-4907 phone 785-.233-8200 ex.l /JO.'JO
J) help systems Invoice HelpSystems, LLC
SHAWNEE COUNn CONTRACT #-'21'f -..:(~
6455 City West Parkway Tax ID: :;!0-Q:2.90S33 Eden Prairie, MN 55344 Voice: +1952-933-{)609 United States www.hel psystems.com
Date: 18-Apr-19 Account: County of Shawnee (00132779) Invoice#: V0000092408 Net Terms: 30 Days Payment Due: 18-May-19
Billing Info
Rhonda Praiswater County of Shawnee 200 SE 7th St Ste 205 Topeka, Kansas 66603 United States
Phone: 785-251-4159
Email: rhonda.p ra isw~ter@$noo. u~
Ship To: Kansas, United States
Hardware 10: Svstem Type:
~
JAMS
Contact: Rachel Kalle\lig
Description
ACHor WIRE:
ASA Rout1ns; # 121000248 Account lt4121577561 SWIFT ID = WFBIUS6S
Account Name: HelpSystems Bank: Wells Fargo, N.A.
90 South 7th Street, 18th Floor Minneapolis, MN 55402 USA
Send Checks To:
HelpSystems NW 5955 P.O. Box 1450
Minneapolis, MN 55485-5955
Click here to pay online!
I Purchase Order ID:
Currency: USD
Renewal Maintenance
Qly St~rt Date End Date
1 1-Jun-19 31-May-ZO
Subtotal
T~
Amollnt Olle
Currency: U5D
Email: rachel. kalle\lig@ helpsystems.com
Page 1oft
Amount
3,675.00
3,675.00
.00
3,675.00
TO:
OFFICE OF THE DISTRICT ATTORNEY TIDRD JUDICIAL DISTRICT OF KANSAS
Michael F. Kagay, District Attorney
MEMORANDUM
Board of County Commissioners
FROM: Michael F. Kagay, District Attorney f1k-
DATE: June 5, 2019
RE: Reque"-1 for Diversion Fund Payments
The District Attorney's Office wishes to pay the following invoices from their Diversion FW1d account:
1)
2)
3)
4)
5)
6)
7)
8)
9)
Century Business Technologies for repair to fax machine a) [nvoice No. 518689 dated March 26,2019 in the amount of$100.00
City of Topeka Parking Section for subpoenaed witness and volunteer parking a) Invoice No. Pl00008556 dated May 30,2019 ill the amount of$125.50
Flesher, Mitchell for expert witness fees a) Invoice dated June 3, 2019 in the amount of$2,225.00
Kansas Judicial Council for PIK 4th 2018 Supplements · a) Invoice No. 39911 dated May 17,2019 in the amount of$370.00
Office Depot for office supplies a) Invoice No. 316926372001 dated May 17,2019 in the amount of$797.56 b) Invoice No. 319206569001 dated May 23,2019 in the amount of$42.32 c) Invoice No. 321316433001 dated May 30,2019 in the amount of$91.45
Shawnee County for notary filing fee a) Invoice dated June 4, 2019 in the amount of$25.00
Topeka Bar Association for 2019-20 annual dues a) Invoice dated June 3, 2019 in the amount of$452.00
UMB Visa for office supplies a) Invoice from Walmart Grocery dated May 8, 2019 in the amount of$54.23
Westside Stamp for employee service awards a) Invoice No. 178877 dated May 28, 2019 in the amount of $141.00 b) Invoice No. 178955 dated May 31, 2019 in the amount of $11 1.00
The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above itemized invoices, in the total amount of $4,535.06 be paid from the Diversion Fund account.
Shawnee County Courthouse 7th.;;:. .. t .·t , " (\ ('1 ':!.':!.
CENTURY l§l!S§l141*'§<:;JI¥(+J#IR!II!i@I¥J
B'IIT ' ., Sh awnee C nty D'strl t Atto '" ' ' moy Kathy Beach
200 SE 7th St, Ste 214
Topeka, KS 56603
USA
"'' ~~ulpmmol: Seifal Number N11mb.,. Numbo!r Mae} Madel
175392 ~n \013028701.551 Savio - \QJ.lSPF
S"ei'Oioo Diltll: Jjl1[.2019 Contract Number:
L<!cation: SiaWilO!E 'CoUlty D~
·~~ PO II:
200 SE 7111 s~ ste :l14 ~"~ Topeka, 1<5 66603 Plio~"' '
"~ -· caller: IWI1Y
Onlrr~e pi.!Ymen~ are trJW <!vallallle uslf9 our custcmer Portal at www.centuryKs.rom.
Thallk \"(lU fur yoor busillE.SS and the opportunity to RN~ )'l:lU.
SERVICE INVOICE
Invoice Number:
Invoh:e Date:
Account Number:
Balance Due:
518589
3/25/2019
Wort< Order Oata Wd Order Na
:3J2_1j2()l'.l I 15JJ30
Payml!llt Terms . ~ ... to~"
NettO "' Oe=iplian I
Lilbor rra"l Mlllllrlals .... ,_, Charges ~- ""- Clla~V~~S .,. .. p;oo p.s.oo tO.IXl $000 $100.00
Oesaiptlon< add tmer ligllt Mil riDf deolr
Rem arb: Open ~nd d<lSBJ right side door deaned opUcs doo: fee<er and =rs r.m -~~.
Toto Is: m.oo $25,00 fO.OO $0.00 $100,00 J !nwlce SIJl!Dtal; $100.00
r .. : $0.00
'"""*" Total : 5100.00 a.l>l•u•• D""' $100.00
Please remit to: PO Box 2459 Topeka, KS 66601 (785) 267-4555
F
' QTY DESCRIPTION
1 4/26 Park N Shop 1VCHR 1 5/1 Park N Shop 2VCHR 1 5/14 Par1( N Shop ntCHR 1 5116 Park N Shop 3VCHR 1 5122 Park N Shop 4VCHR 1 5128 Park N Shop 3VCHR
Invoice No: Invoice Amount: Invoice Date: Due Date: Customer No.:
PI00008556 $ 125.50 05/30/2019 06/14/2019
EXT PRICE
0.50 3.50
38.00 22.00
7.00 7.00
QTY DESCRIPTION
1 4/30 Park N Shop 1VCHR 1 5/2 Park N Shop 1VCHR 1 5115 Park N Shop 9VCHR 1 5/21 Park N Shop 1VCHR 1 5124 Park N Shop 2VCHR
EXT PRICE 1.oo· 0.50
42.00 1.00 3.00
·----------· ..
"---'
i __ _)
·----~----- .. ...,
Account Balance:
I f
' I
$125.50
Please detach and remit with payment!
Invoice Amount: $ 125.50 Invoice No: PJOOOOB556 Invoice Date: 05/30/2019
CITY OF TOPEKA
Billing Inquiries (785) 368-3916 Payment Inquiries: (785) 368-3916
Account Balance:
CITY OF TOPEKA PARKING SECTION 620 SE MADISON UNIT 10 TOPEKA. KS 66607
Customer No.:
SHAWNEE CO DISTRICT ATIORNEY VICTIM/WITNESS 200 SE 7TH ST TOPEKA, KS 66603
$125.50
Clinical aud Forensic Evaluations
Mitchell R. Flesher, Ph.D., J.D.
INVOICE FOR PSYCHOLOGICAL SERVICES PROVIDED
Case NameJNumber:
Type of Service Provided:
Date of Completion:
Amount Due:
Type of Service
Records Review Travel Clinical Interview Test Scoring/Interpretation Report Writing
Total
Thank you for your referral.
Mitchell R. Flesher, Ph.D, J.D.
Psychological Evaluation
June 3, 2019
See itemized senrices below
Date Provided
Various May 21, 2019 May 21,2019 May 28, 2019 June 2-3,2019
Amount Due
7.0 hrs @$100/br 2.0 hrs @$1 00/br 3.0 brs @$175/br 1.0 hrs @$1 00/br 4.0 hrs @$175/br
$2,225.00
Office DEPOT, Inc.
FEDERAl !0:59·2663954
BILL TO:
Offit:a Depol, Inc POBOX~0313 CINCINNATI 01-1 45263-0613
ATTN: ACCTS PAYABLE ~ SHAWNEE CNTY DA ~ 200 SE 7TH ST STE 214 i TOPEKA KS 66603·3933
•
ORIGINAL INVOICE 10000
THANKS FOR YOUR ORDER IF YOU HAVE ANY QUESTIONS OR PROBLEMS. JUST CALL US
FOR CUSTO~ER SERVICE ORDER: (888) 263-3423 FOR ACCOUNT; (800) 721·6592
SHIP TO: SHAWNEE CNTY DA 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933
I,JJ,,,JJ,.,JJ,,JJ,,.,,JJn,fJ,j,J,u,f/,,,JJ,,JJ,,,j,,J,,,Jfl
All amounts are based on USD currency
SUB-TOTAL
DELIVERY
SALES TAX
TOTAL
797.56
0.00
0.00
797.56 T<> l't!tum "'41!'l"l•~~ pl'""""' rEf'"'<~ ln or1gmal box and 1nsert our pllok.ing li$t, or coPY o1 this lh'II01oe. I'LH'"" not~ probLea so 108 IIBY 1~- Cf'tn!H or ,..plao....ent, wM~I>evar )'tiU pr..-fer. PL,..se do not "hip o;ollect. Pln•• do not retu..,., furniture or mchl""!l ...til yvu call us f1r~t fot' in5truct1ons. Sl>o1'1':age or *-Jl<> ~RJSt be re~orte<l ><hMnC>C~C':~C"c'c'"C'C~:::."c-C~C·:_ ____________________ ------------
CUSTOIIER NAME
SHAio/NEE CNTY DA
PI= Send Your Check to:
BILLING I0
FLO
OFFICE DEPOT,tNC. PO Box 660113 Dallas TX 75266-0113
DETACH HERE
INVOICE Nlli'IBER
316926372001
INVOICE t~ATE
17-MAY·19
mom' AMOUNT ENCLOSED A!IIDUNT
797. S6
00232448~ 3~692637200~3 DOODOD797S6 1 S
Please retwn this stub with your payment to ensure prompt credit to your account
Please DO NOT staple or fold. Thank You.
Office DEPOT, Inc.
FEDERAL 10:59-2663954
BILL TO:
Office Depot, Inc P080X630813 CINCINNATI OH 45263-001<1
ATTN: ACCTS PAYABLE ll SHAWNEE CNH DA \:j 200 SE 7TH ST STE 214 ~ TOPEKA KS 66603-3933
8
ORIGINAL INVOICE 10000
=
FOR CUSTOMER FOR ACCOUNT:
THANKS FOR YOUR ORDER IF YOU HAVE ANY QUESTIONS OR PROBLEMS. JUST CALL US
SERVICE ORDER: (888) 263-3423 (BOO) 721-6592
SHIP TO:
SHAWNEE CNTY DA 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933
f,ff,,,ff,uff,,ff,,,,,ff,,,Jf,f,f,,,,ff,,,Jf.,ff,,,J,,j,,,fff
CATALOG I'fEI'I ltANlJf CODE
726293 AVE11959
INDEX,SDE TB 725293
All amounts are based an USD currency
'
SUB-TOTAL
DELIVERY
SALES TAX
TOTAL
PRl CE
42.32
42.32
0.00
0.00
42.32 To return supplies, please repeck ;n orisinal boox •nd insert our ll"<klng list~ or copr of thh inw1...,. Please nobO proble~ sc we lillY 1s!IUe cr..Oit or reploce-.t, "htclw!v&r y<>LJ pl't!hr. PL~a.., du TJDt sblp ~Dlle~t. Pl ... s& <1oo nut ...,tllrn f"m1bJra <>r .,.ch"i.,.,s Lmtil you ""ll LJ~ first fur instn.o~tions. Shurta.Qe or <la.,.g& ... t be r~P'QrWd wlt~in ~ dirys ~ft<!r del"ivenr.
CUSTOMEil NAME
SHA\riNEE CNTY DA
Pl""" Send Your Check to:
BILLING ID
FLO
OfFICE aEPOT,IMC. PO Box 660113
•
Dallas TX 75266-0113
DETACH HERE
INVOICE NUMBEil
319206569001
INVOICE DATE
23-MAY-19
1 MVO I C E ~.-.-.-U-·Nc-Tc-EccN-C_l_O_Sc-E:cO:o
AMOUNTf-------------------~ 42.32
002324481 3192065690010 00000004232 1 9
Please return this stub with your payment to ensure prompt credit to your account
Please DO NOT staple or fold. Thank You.
I 8
I I
ORIGINAL INVOICE 10000
Office DEPOT, Inc.
FEDERAL 10:59-2663954
BILL TO:
Offica Depot, Inc PO BOX 630813 CINCINNATI OH 4!)263..{)813
ATTN: ACCTS PAY~BLE ~ SHAWNEE CNTY PA ~ 200 S~ 7TH ST STE 214 ~ TOPEKA KS 66603-3933
J,JJ,,,IJ,,,JJ,,JJ,,,,,JJn,JJ,J,J,n,JJ,,,JJ,,!I,,,J,,J,,,JJJ
ITEM Ill CODE
DESCRIPTION/ CUSTOMER ITEM #
Logilech Wireless Combo MK 465722
All amounts are based on USD currency
~
~~
U/M
EA
SUB-TOTAL
DELIVERY
SALES TAX
TOTAL
THANKS FOR YOUR ORDER IF YOU HAVE ANY QUEST~IONS OR PROBLEMS. JUST CALL US
FOR CUSTOMER SERVICE ORDER: (888) 263~3423 FOR ACCOUNT: (800) 721-65n
SHIP TO:
SHAWNEE CNTY DA 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933
UNIT PRICE
18.290
EXTENDED PRICE
91.45
91.45
0.00
0.00
91.45 To rerum s"'pl1as, plea..., Mlfi"GI< ln oriylnal bole and 1n.sart our packing li8t, or COil.)' of th1s 1rwo1ce. Ptu ... Mh proD e• ~a ua _,. \u.., c.....-tt or rwla...,aent, wh1ch""er pou Pt•f.r. Please do not "'P ooll.,ct. PL.,aoa do """ .... rum furn1turo> cr ""'cbi....,. until '"" «BlL us nut 1or 1nstr<Jct1ona. Sho,.,a~
crd~~ ~· ~ r .. ~r~du1~',"cc'cm"~cc·c''=•=•c~c'='•=•"~=·-----------------------------------------------------------------
CUSTOMER NAME
SHA\JNI':E CNTY DA
Pl=c Send Yom Check to:
BILLING ID
FLO
OFFICE DEPOT,INC. PO Box 660113 Dallas TX 75266-0113
DETACH HERE
INVOICI': NlHIBI':~
321316433001
INVOICE DATE
30-MAY-19
I N\IO I C E rcA::M::O::U::N::T:-:E::N:-C::l:-O:-S::E::D:-1 AMOUNT
91.45 f---------1
002324481 3213164330017 00000009145 1 1
Please return this stub with your payment to ensure prompt credit to your account.
Please DO NOT staple or fold. Thank You.
SHAWNEE COUNTY 200 SE 7th, Room 107 Topeka, Kansas 66603
r Customer Dept.: . District Attorney Contact: Kathy Beach Address: 200 SE 7tl1 Street Phone:. 785-251-4390
Qty Description Notary Filing Fee (Please list each individual's name)
1 Kathy Beach
.,
Please print tl'lis form and line code it to vendor V0001 86. Then return it to the County Clerk's Accounting Division.
Effective September 1, 2003 the notary filing fee increased to $25.00
4-Jun-19
INVOICE...,
Unit Price l'OTAL
$25.00 $25.00
subTotal '------$"2"5'", o,o'-'
TOTAL Ll __ __,$'-"2"'5.,00'--'l
Accounting: Please give the check to Kristine Otto, County Clerk's Office
If you have any questions, please contact Kristine Otto in the County Clerk's office at 785-251-4216.
Shawnee County Authorization for Voucher Payment
Date: June 3, 2019
Charge to: Distict Attorney -Diversion Fund Department
Pay to: Name: Topeka Bar Association
Address: 534 S Kansas Avenue, Suite 1130
City, State Zip: Topeka, KS 66603
Vendor Number: _.V~0"'0"'05c:4"'6'---------'---------
Reason for Payment (Please Detail) 2019-20 Topeka Bar Dues- Michael Kagay, Dan Dunbar, Charles Kilt and Tim
Keck at $113.00 each $452.00
Amount: $ .::c4::ec5200.:::00;:_ ____________ _
Charge Account Number: 71DA000-50261 710400000/50261
Signature~~/
Account Statement
Company;
Cardholder:
Account Ending:
SHAWNEE COUNTY KS
KATHY BEACH
5Jar21l19 ______ 5/9720~--WatmartGroCery 8oo-Si66="'"-----c -------------·-· ... o.ao·--·- ---- ·-----o54..-.-i3-~ 65 R~ 24055239128083724436077
Supplier Loc 800-966-6546, AR, US
··--·- .. . . ......... -. ---· -· ..... ·--·· ... - - ........ -- ... ---····-------~-.. Total Amount: (USD) _
--- - .. -------------------------------·
Submitted By:---------- Date'-----------
Approved By: _________ _ Dam: _________________ _
Page 1 of 1
CREDIT CARD REPORT RECEIPT MUST BE ATIACHED FOR EACH ITEM
PAGE OF-----
EMPLOYEE INFORMATION
NAME Kathy !leacll DEI'ARTM~NT Dlstdct Attome'l'!; Ol'flce CHARGI!S FROM: OS/02/2019 to 06/03/2019
'"'"""'m-ru•• ~{!A.< APPROVAlSIGNATURI: ~
!{?-;J-/ "} Dm'c.::.· _
""" ... "(. 1/
Walmart~~~ """'"
Order Details
Order 7399198663123 $54.23
Placed
Picked up
You can make changes to this order until 9am on Wed, May 08
Need to reorder these items?
-, -·· -·- - . "···- --- ·---- ·---- ~--·- ---- -·-······ -·----·--- ·--- -- --- ------- .. ---- -.- -··- ------ -··------ --Pickup from ·
Q Walmart Topeka Store #5441
2600 NW Rochester Rd
Topeka, KS 66617
0 Wed, May 08, 1pm - 2pm
Pickup instructions:
We'll email you when your order is ready.
Change Time
1. Once you get the email, check in with the Walmart Grocery app to let us know you're on the way
~--' . ' .
2 Follow the orange signs to the pickup area, and park in any designated spot · 3. We'll bring your order out to you!
Payment method >'
,.
--·-···--- ---··--- ··-··-·--·- ·----- ···----- .. ·---------·--------------·- .. ········--·--·
Item details Edit items )
Add more items to this order until 9am Wed, May 08.
Walmart:!~
""""" ,---------~---·~--~--·--·-- ---- -------·- ---.---- ·----·---·-·-- --·- ------------------ --------
Change Quantity
Starbucks Caramel Flavored Medium Roast Single Cup Coffee for Keurig
Brewers, I Box of16 (16 Total K-Cup Pods)
$9.92 each
Aquafina Purified Water, 16.9 fl az Bottles, 32 Count
$4.98 each
------------ ----- _, _____ ------- ··--- ----·· ·-·- -----·---Subtotal
Pickup fee
Total tax
Order total
You'll see an initial charge on your card for $54.23
Substitute all 0 3 $29.76 1,., 1
4 $19.92 1,., 1
--- ----~
$49.68
FREE
$4.55
$54.23
We've held this amount just in case there are any changes to your order total from items that need weighing or if there- are bag fees in your state. But we'll only charge you for the final total once your order is picked up or delivered.
'
ESTSIDE -STAMP & AWARDs-
2030 SW Fairlawn Rd Topeka, KS 66604 P: 785-272-7242 F: 785-272-1366 Email: [email protected]
Bill To
Shawnee County District Attorney 200 SE 7th Street Topeka, KS 66603
Quantity Price Each
Contact
Sarah Powell
P.O.#
Description
Invoice Date Iovoice #
5/28/2019 178877 -
Terms File
Net 15 File
Amount 1 141.00 bc57 Large Book Clock- Years of Service 141.00
Kaley Schrader
WE?T2l!?E ' .· on '01S ,.,_ ' . .-. v ·-
RECUV~;.J_, I.JY:
edr Subtotal $141.00
Sales Tax (0.0%) $0.00
Total $141.00
Payments/Credits $0.00
Balance Due $141.00.
cp
Invoice
2030 SW Fairlawn Rd Topeka, KS 66604 P: 785-272-7242 F: 785-272-1366 Email: [email protected]
Bill To
Shawnee County District Attorney 2.00 SE 7th Street Topeka, KS 66603
Quantity Price Each
6 18.50 PSI 1444 Stamp
Contact
Kathy Beach
1 -· -
P.O.#
Description
Date
5/3112019
Terms
Net 15
'11!!1 ST' i''" ~eAIV""""O w ~ , __ . ·--'~
--=-s~~'"' "',.,_,..,.,..-
N 0 3 10\9 --- ----· ·- ----·--
J!.
R O:EI'Y'EO BY:
~
Subtotal
Sales Tax (0.0%)
Total
Payments/Credits
Balance Due
Invoice#
178955
File
File
Amount
111.00
$111.00
$0.00
$111.00
$0.00
$111.00
TO:
FROM:
DATE:
RE:
OFFICE OF THE DISTRICT ATTORNEY TIDRD JUDICIAL DISTRICT OF KANSAS
Michael F. Kagay, District Attorney
MEMORANDUM
Board of County Commissioners
Michael F. Kagay, District Attorney rt t-<-
June 5, 2019
Request for Diversion Fund Payments
-----------------------------------------
The District Attorney's Office -wishes to pay the follov.ring item from their Diversion Fund account:
I) Shavvnee County District Courts - $20,000 to go towards payment of Invoice No. 183505 from Cytck Media Systems, lnc., for the audio visual installation in the Duty Judge courtroom, Room 311 in the Shawnee County Courthouse
The District Attorney's Office hereby requests placement on the agenda for consideration of the above item, in the total amount of $20,000, to be paid from the Diversion Fund account.
Shawnee County Courthouse 200 SE 7• Street, Suite 214 • Topeka, Kansas 66603 • (785) 251-4330
Shawnee County
Office of the County Counselor
JAMES M. CROWL County Counselor
Shawnee County Courthouse 200 SE i~ Street, Ste. 100
Topeka, Kansas 66603-3932 Office: (785) 251-4042
Fax (785) 251-4902 Email: [email protected]
MEMORANDUM
TO: Board of Shawnee County Collllilissioners
FROM: James M. Crowl, Sha"Mlee County Counselor
DATE: June 6, 2019
RE: Contract for Legal Services
Please place this item on the CONSENT AGENDA for the Thursday, June 13, 2019 meeting of the Board of County Commissioners.
Attached to this Memorandum is an Engagement to Represent the Board of Cmmty Commissioners in an action to recover damages related to the manufacture and distribution of prescription opiates to the residents of Shawnee County. TI1ere will be no iCes or expenses for this action unless there is a recovery of damages on behalf of Shawnee County.
The County Counselor's Office recommends that the attached contract documents be approved. Please contact me if you have any questions regarding these items.
JMC/tdp
SHAWNEE COUNl ~ tONTRACT # C...2gQ -.::2011
ENGAGEMENT TO REPRESENT
RE: TilE BOARD OF COUNTY COMMISSIONERS OF TilE COUNTY OF SHAWNEE. STATE OF KANSAS in civil suit against lhose legally responsible fOr the wrongful manufacture and distribution of prescription opiates and damages caused thereby (the "Litigation").
I. SCOPE OF EMPLOYMENT: THE BOARD OF COUNTY COMMISSIONERS OF THE COU1fTY OF SHAWNEE, STATE OF KANSAS (hereinafter "CLIENT") hereby retains the law firms of FRIEDI:N & FORAES, LLP, pursuant to the Kansas Rules of Professional Conduct, and nLEOUORA ORJNGI-lliR P.C., pursuant to the California Rules of Professional Conduct (collectively, the "FIRL\1S"), on a contingent fee basis to pursue civil remedies against the manufacturers of prescription opiates and those in the chain of distribution of prescription opiates responsible fOr the opioid epidemic that is plaguing CLIENT, including but not limited to filing a complaint for public nuisance to abate, enjoin, recover and prevent the damages caused thereby (the "Litigation"). The FIRM:S may decide to associate with other co-counsel in the case besides those named in this paragraph. Co-counsel will be bound by the same obligations and covenants as the FIRMS. Any questions or inquiries about the case should be addressed to John C. Frieden ofFIUEDEN & FORBES, LLP. CLIENT consents to the participation of the following FIRMS if no conflicts exist, including but not limited to conflicts pursuant to applicable rules of profi::ssional conduct:
FRIEDEN & FORBES, LLP 1414 SW Ashworth Place, Suite 201
Topeka, KS 66604
THEODORA ORINGHER P.C. 535 Anton Blvd, Ninth Floor
Costa Mesa, CA 92626
2. ATTORNEY FEES: In consideration for the services the FIRMS are agreeing to provide, CLIENT agrees to pay twenty percent (20%) of the total recovery (net) in favor of CLIENT as an attorney fee (the "Fee") whether the claim is resolved by compromise, settlement, or trial and verdict (and appeal). The net recovery shall be calculated as the amount obtained after the deduction of any costs and expenses. CLIENT grants the FIRMS an interest in a fee based on the net recovery. If a court awards attorney fees, the FIRMS shall receive the greater of the net recovery-based contingent Fcc or the attorney fees awarded. There is DO fee if there is DO recovery.
CLIENT acknowledges this fee is reasonable given the time and labor required, the novelty and difficulty of the questions involved, the skill required to perform the legal services, the likelihood this employment may preclude other employment by the FIRMS, the fee customarily charged for similar legal services, the anticipated (contingent) litigation expenses, the experience, reputation, and ability of the laVII)'er or lawyers performing the services, and the fact that the Fee is contingent upon a successful recovery. The Litigation is intended to address a significant problem in the CLIENT's community.
11672Sil/Bl6500100l
The Liligation focuses on the manufacturers and wholesale distributors, and their roles in placing millions of prescription opiates into the marketplace, which has resulted in opioid addiction, abuse, morbidity and mortality on an unprecedented scale. There is no easy solution and no precedent for such an action against these industries. Many of the facts of the case are locked behind closed doors. The billion-dollar drug manufacturing and distribution industries deny liability. The litigation may be very expensive, and the litigation expenses will be advanced by the FIRMS with reimbursement contingent upon a successful recovery.
3. NEGOTIABILITI' OF FEES: The rates set forth above are not set by law but are negotiable, and have been negotiated, between the FIRMS and CLIENT.
4. REPRESENTATION OF OTHER E~ITIES: The FIRM:S are representing various other municipalities and governments throughout Kansas, and the country, regarding the same or similar claims as the claims FIRMS are asserting on behalf of CLIENT and CLIENT acknowledges that the FIRMS will be representing other governmental entities against the same defendants. It is possible that such other representation may create a conflict with CLIENT's interests, including with respect the availability of funds to settle a claim or pay a judgment CLIENT agrees that the FIRMS continue to represent, or may undertake in the future to represent, existing or new clients against the same defendants even if the interests of such clients in those other matters are directly adverse to CLIENT's interests, including in litigation. The FIRMS agree, however, that the above consent shall not apply in any instance where, as a result of the FIRMS' representation of CLIENT, the FIRM:s have obtained proprietary or other confidential information of a nonpublic nature, that if known to such other client, could be used in any such other matter by such client to CLIENT's material disadvantage.
5. COSTS AND O"l"IIER EXPENSES: Theodora Oringher P.C. will advance all litigation expenses necessary to prosecute the claims made in the Litigation. Litigation expenses include but are not limited to expenses or charges for court costs, filing fees, depositions, and expert witnesses. CLIENT agrees that the term "expenses" includes but is not limited to retaining and compensating experts, copying and review of voluminous documents, postage, research, computerized document management, conference calls, jury consultants, lravel, and costs relating to the depositions of defendants' representatives, witnesses, and agents. There is no reimbursement of litigation expenses if there is no recovery.
6. FEE SHA.RING WITH Co-CoUNSEL The division of fees, expenses and labor amongst the FIIU.1S will be decided by private agreement between the FIRMS and subject to approval by CLIENT. Any division of fees will be governed by the Kansas Rules of Professional Conduct, including: (1) the division of fees is in proportion to the services performed by ~ach lawyer or each lawyer assumes joint responsibility for the representation and agrees to be available for consultation with CLIENT; (2) CLIENT has given written consent after full disclosure of the identity of each lawyer, that the fees will be divided, and that the division of fees will be in proportion to the services to be performed by each lawyer or that each lawyer will assume joint responsibility for the representation; (3) except where court approval of the fee division is requifed by law, the written closing statement in a case involving a contingent fee shall be signed by CLIENT and each lawyer and shall
11672(11.1/81650 01001 2
comply with the terms of the Kansas Rules of Professional Conduct; and (4) the total fcc must be reasonable. As this is complex litigation, the FIRMS reserve the right to add any additional counsel, law finns, consultants and experts; however, this will in no way increase the Fee as per the terms of this contract.
7. CHARGING LIEJ\': CLIENT acknowledges that this contingency fee agreement entitles the FIRMS to a lien against CLIENT'S recovery for reasonable fees, costs, and expenses, governed by Rule 1.5 of the Kansas Rules ofProfi::ssional Conduct and Kansas common law. This lien remains in place even in the event FIRMS are discharged by the CLIENT. No such lien may be enforced against CLIENT unless CLIENT receives a recovery from the Litigation via settlement, judgment or othenvise.
8. ABSOLUTE AND INDEPENDENT AUTHOIUTY OF CLIENT: CLIENT at all times shall retain absolute and independent authority to decide the direction and disposition of the Litigation and personally oversee and maintain ultimate control of the Litigation, including trial or settlement. Client will have the right to approve or disapprove all named defendants and any settlement. Client shall exercise this discretion reasonably and in good faith.
9. COMMUNICATIONS WITH CL\J:WI: Upon conclusion of the Litigation, the FIRMS shall provide CUE:-JT with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to CLIENT and the method of its detennination. The closing statement shall specifY the manner in which the compensation was determined under the agreement, any costs and expenses deducted by the Jav.yer from the judgment or settlement involved, and, if applicable, the actual division of the lawyers' fees with a lawyer not in the same fum, as required in Rule 2-200(A)(l) and (A)(2) ofthe California Rules of Professional Conduct and in Rule 1.5 of the Kansas Rules of Professional Conduct. The closing statement shall be signed by CLIENT and each FIRM among whom the fee is being divided.
10. CUENT'S DUTIES: CLIENT agrees to be truthful and cooperative with the FIR.M:S, to keep the FIRMS informed of any information or developments that may come to CLIENT' attention that are relevant to the scope of the Litigation, to provide reasonable access to infOrmation the FIRMS may need in order to elfectivcly prosecute the Litigation, including responding to all appropriate discovery requests, and to attend meetings when reasonably requested by the FIRMS.
11. OTHER TERMS AND CONDITIONS
a. Who i5 Our Client? It is the FIRMS' policy to represent only the person or entity identified in this engagement letter. Unless specifically stated herein, the FIRMS' representation of CLIENT does nut extend lo any of CLIENT's affiliates, employees, officers, agencies, departments, or other governmental bodies under CJ.IENT's supervision or control, or any entities in which CLIENT owns an inlerest or has supervisory authority. In addition, the advice and communications which the FIRMS render on CLIENT's behalf are not intended to be disseminated to or relied upon by anyone else without the FIRl\.1.5' written consent.
!16728 L lffli6SO_O JOOI 3
b. Conflicts. In the event a conflict arises during lhe course of this litigation Firms will bring the conflict to the attention of Client and the matter will be resolved in accordanGe with the Kansas Rules ofProfessional Conduct
c. Estimates. Any estimates of anticipated fees that the FIRM:S provide, for budgeting purposes or otherwise, are, due to the uncertainties involved, necessarily only an approximation of potential fees. Such estimates are not a maximum or minimum fee quotation.
d. Opinions. During the course of the FIRMS' representation of CLIENT, the F'Iruv.l:s may express opinions or belief<; conceming the Litigation or various courses of action and the results that might be anticipated. Any such statement is intended to be an expression of opinion only, and should not be construed by CJ.tENT as a promise or guarantee.
e. Client Responsibilities. Recognizing that the FIR.V1S catmot effectively represent CI.IENT without CLIENT's cooperation and assistance, CLIENT agrees to cooperate with the FIRMS and to provide promptly all information known or available to CLJENT that is relevant to the subject matter of the FIRMS' representation or otherwise requested by the FIR_vrs, including any changes in the name, address, telephone number, contact person, email address, state of domicile or other relevant changes regarding CLIENT or CLIENT's business. Failure to pro ville requested information could reduce the effectiveness of the FIRMS' representation of CLIENT. It is essential that the FIRMS be able lo reach CLIENT when needed.
f Termination. Either the FIRMS or CLIE:;.IT (or both) may terminate the engagement at any time for any reason by written notice, subject on the FIRMS' responsibility under applicable rules of proti::ssional conduct.
g. Retention and Destruction of Documents. Following the conclusion of this engagement, any otherwise nonpublic information CLIENT has supplied to the fiRMS which is retained by the FIRMS will be kept confidenlial in accordance with applicable rules of professional conduce Al CLIE~'s request, CLIENT papers and property will be returned to CLIENT. The FIRMS' own files pertaining to the matter, which include, for example, firm administrative records, time and expense reports, personnel and staffmg materials, credit and accounting records, and internal lawyers' work reports, prepared by or for the internal use of lawyers, will be retained by the FIRMS. If CLIENT does not request the return of CLIENT's records, CLIENT's records will be destroyed following the period of time specified by the FIRMS' document retention/destruction policy. This period may vary depending on the nature of the engagement involved. In any event, all files may be destroyed seven years following the conclusion of the engagement.
h. Fee Arbitration. In the unlikely event of any dispute regarding the amount or payment of fees, the FIRMS have the right to terminate their legal representalion in this matter, subject to the FIR."\iS' obligation to give CLIENT reasonable notice to arrange for alternative representation. The FIRMS mutually agree that any such fee dispute shall be submitted to mandatory binding arbitration. While arbitration is a faster, less costly and less publicized avenue for resolving disputes, CLIENT should know that in agreeing to
1167281.1/81650 01001 4
arbitration, CLIENT is waiving CLIENT's right to a trial by jury. Because of this, CLIENT is encouraged to seek the advice of independent counsel before agreeing to these terms. Such arbitration shall be conducted in accordance with procedures established by the State Bar of Kansas before an arbitrator or arbitrators selected in accordance with those procedures, who shall hear and resolve the dispute in Shawnee County, Kansas. The decision of the arbitrator(s) shall be final and binding on the parties. Judgment on any arbitration a\Vard may be entered in accordance with the provisions of the Uniform Arbitration Act, as adopted in Chapter 5, Article 4 of the Kansas Statutes Annotated, effective July 1, 2018, and of the Kansas Rules of Civil Procedure. The prevailing party in any such arbitration shall be entitled to an allowance of reasonable attorneys' fees and other costs incurred as a result of the action or proceeding.
i. Mediation. As to any claim or dispute arising out of or connected with the FIRlvfS' services, other than a fee dispute covered by the preceding paragraph, the FIRMS mutually agree to atlempt in good faith to settle the dispute by non~binding mediation before commencing any legal action or other dispute resolution procedure.
j. Confidentiality. The fiRi\1S will maintain all information regarding CLIENT's representation confidential in accordance with the Kansas and California Rules of Professional Conduct. From time to time the FIRMS may have discussions with other lawyers and/or law fmns, for the purpose of considering their employment by-and a potential combination with-the FIRMS. During the course of those discussions it may be necessary to disclose CLIENT's identity as a client or fee and billing information relating to the FIRMs' representation of CLIENT. Such disclosure shall be subject to a confidentiality agreement ben.veen the FIRMS and such other lawyers or law firms, and CLIEKT agrees that the FIR.\1S may disclose such limited information for these purposes.
k. Multi~Party Representation. Under the Rules of Professional Conduct, the FIR.,\1S are pennitted to represent multiple clients in a matter as long as the fiR,_"\fS can adequately represent the interests of each client and each client knowingly consents to the joint representation. If this matter involves the FIRMS' representation of multiple clients (the "MULTIPLE CLIENTS"), either at the commencement or during the course of the representation, the FIRMS believe, based on the information available to the FIRMS at the time of undertaking the joint representation, that there are no conflicts of interest among or between CLIENT and the MULTIPLE CLIEKTS (each a "PARTY" and, collectively, the "PARnEs") that would prevent the fiR.\1S from undertaking the PARTIES' joint representation. Accordingly, the FIRMS will share all material information relating to the representation with the PARTIES; although the FIRMS' communications with one or more of the PARTIES are protected by the client-attorney privilege vis~a~vis all third parties, information shared with the FIRMS by one or more of the PARTIES is not protected by such privilege among the PARTIES. While the interests of the PARTIES may be similar in many re.spects, they may not be identical and a conflict may develop at some later date. If at any time CLIENT become aware of any conflict or potential conflict between CLIENT's interests and those of any other PARTY, CLIENT shall communicate with the FIRMS immediately so that the FmMS can determine whether the FIRMS can continue representation of both CLIENT and such PARTY. To the extent such conflicts do develop
w;ns Llffll6so.o 1 oot 5
and CLIE:.JT disagrees with one or more of PARTIES on any .issue, the FIRMS will ask CLIENT to resolve CUEW's differences with such PARTY, without the FIRMS' assistance. If CLIEW cannot resolve such diiTcrem;e~ as described in the immediately preceding sentence, the FIRMS will not be able to represent CLIENT as to that issue. If the diiTcrences are .serious enough, the FIRMS may be required by applicable ethics rules to withdraw from the matter completely.
12. REVIEW .AND UNDERSTA.l\TDING OF THIS AGREEI'viENT: CLIE:.JT acknowledges review and understanding of this Agreement, having read ils contenls in its entirety, and CUENT
understands and agrees with all of its provisions. CLIE:t-.T acknowledges that the FIRMS and their employees or agents have made no promise or guarantee regarding the successful determination of CLIENT's claim or causes of action or regarding the amount of recovery or the type of relief, if any, which CLiaT may ubtain as a result of the
Litigation. 1l1e fiRVfS, their atlomeys and this Agreement make no such promises or guarantees. The FIRMS' comments about the outcome of the Litigation are expressions of
opinion only, and the attorneys make no guarantee as to the outcome of any litigation,
settlement or trial proceedings.
SIGNED, this __ day of ______ , 2019.
1167281.1/81650.01001
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, STATE OF KANSAS
By:_===,-------( Signature)
(Name)
(Title)
6
June 5, 2019
U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance
11Es Shawnee County
Board of Commissioners Bill Riphahn, 1" District Kevin Cook, 2"' District Bob Archer, 3" District
SUBJECT: Second Chance Act Comprehensive Community-Based Adult Reentry Program
On behalf of the Shav.nee County Department of Corrections, I am \Vfiting in support of the Mirror Work for Success Program grant application for the Second Chance Act Comprehensive Community-Based Adult Reentry Program. Mirror's Work for Success Program has been providing services to those involved in the Criminal Justice system in Shawnee County tOr many years. This program provides the necessary tools to include all aspects of successful integration into the community from our detention center, to become a productive citizen.
Shawnee CoWlty DOC has been working with Mirror for many years in providing services to our inmate population, and we are pleased to collaborate with the Mirror Work for Success Dads Program for the Second Chance Act Comprehensive Community-based Adult Reentry Program. The Mirror Work for Success Dads Program has a memorandum of understanding to work our Re-entry Coordinator to bring their program into our Adult Detention Center. This program was well-received by our inmates and provided a much-needed service.
Through this established agreement. the Work fOr Success Dads Program will conduct risk and needs assessments for interested participants who are incarcerated in the Shavmee County Corrections Annex. The program will provide cognitive-based programming which addresses criminogenic needs, along with financial literacy cla._c;ses, healthy relationships, domestic violence prevention and fathering classes.
We support the need for comprehensive case management plans to ensure an effective transition from jail to the community. We also anticipate working with Mirror on this program will allow our community corrections officers to benefit from enhanced success in supervision. Shavmee County DOC looks forward to continued partnership with the Mirror Work for Success Program to meet the goals of this grant and supports this invaluable project in our community. Because of its significance, its success, and the lives that are positively affected, I urge you to act favorably on this application for the benefit of all residents of Sha\¥tlee County.
Sincerely,
200 SE 7" Street, Rm. B-11, Courthouse Topeka, Kansas 66603-3933 (785) 251-4040 Fax (785) 291-4914 E-Mail: [email protected] Internet Address: www.snco.us
MEMORANDUM
ROBERT f. PERRY, ESQ. 'J-1-22 S\\·- [-loch Road
PO Box 3S'l .-\uLurn. t-.::>1noa~ 66402
I -oicc- 7 1:l5/2S0.22(i() Cdl -:'85/(i I0.1R-12
t\l her!Jrwlpe uy{rt}gmall.com
COMMISSION AGENDA: June 13, 2019
TO: Bob Archer, Chairman; Bill Riphahn, Vice Chairman; and Kevin Cook.. Commissioner
FROM: Bob Perry
e,.
June 6, 2019
On May 6, 2019 the Board passed County Resolution No. 2019-25 which authorized the County officials, staff, George K Haum & Co. acting as "Underwriter, and me to take steps necessary to sell the County's General Obligation Refunding Bonds, Series 2019 (the "2019 Bonds') the proceeds from which will refund the County's General Obligation Bonds, Series 2010, Series 2011 & Series 2012 that mature September 1, 2020 and thereafter on September 1, 2019. '!be 2019 Bonds arc scheduled to be sold June 12, 2019 and when that occurs we will know the actual amount of interest cost savings. ·nus resolution confirms the terms and conditions of the sale. At the June 13,2019 meeting I will have the Maturity Exhibit completed for substitution with the one provided in the agenda packet.
RESOLUTION NO. 2019- 3'"G A RESOLUTION AUTHORIZING THE SALE, ISSUANCE AND DELIVERY OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2019 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 N O . 2019- 3(; A R ESOLUTION AUTHORIZING TI IE SALE, ISSUANCE AND DELIVERY OF GENE RAL OBLIGATION REFUNDlNG BONDS, SERI E S 2019 OF SHAWNEE CO UNTY, KANSAS; PRESCRJBING T ilE FORM AND D ETAILS OF SATD RONDS; PROVIDING FOR THF: LEVY AND COLLECl'lON OF AN ANNUAL TAX FOR THE P URPOSE OF PAYING T ilE PRINCIPAL OF AND 1N TER ES1 ON SAID BONDS AS THF:Y BECOME D UE; AND AU THORIZING CE RTAIN OTHER DOCU M ENTS AND AC l'lONS IN CONNECTION T H E REWITH.
WHEREAS, Sh:w.mcc County. Kansas (th c.: "County"), is a hody rorpor:uc :. nd politic duly created, o rgan i.ted ami cxis t·ing under the laws of the State o f Kansas; ancJ
WHEREAS, the Counn·, pun;uaut to the pron!'inn<: o f 1pphcablc l:w.·, hao; p rcvioush issued its General O h ligation Refunding and lmprm·cm cnt go nds, Series 20 10. Gencrnl Obhgation Refunding Bonds, Series 2011 au d Gem·ra l O b ligation Refunchng Ho nJs, Series 2012 (the "Refunded Bonds''); and
\VHEREAS, pursuant to K..L/ 1. f10-127 el i c<J, thl.' l.ountv js authorized anu cmpo~crcd to refund any IJuu<.b, any mtcrc.o;t on ~u("h bonds. or, both bonds auu the mtcrcst thereon :md m:ly il' uc ~eneral obhgarion refunding bonJs therefor: allu
WHEREAS, Lin: County in accordance with applicable lf'lw has the autho rity to (a) Sf'll, i;;sue and ddi,·er irs Ceneral Obliv,a tion Kcfundmg Bonds, Series 20 19, (the " Bonds") the proceed~ from which will be mcd LU
(t) rcfWld a porrion o f the Refunded I3onds and (t) par tssuance cosrs; (b) execute:. Hond Purchase Agreement wtth George K. Baum & Compnny. the ' 'Onginal Purc.ha~cr" of Lhc Bonds, and. (ci cx£'cute such other c.cruiicatc.-:; ancJ clO<Umenrs as :u:e deemed necc:.sary rda tn-c to the i suance of ~:ucl Bonds: and
WHEREAS, it is hercb) fo lilld and detemunco that u is nccess~ anu .tdvtsaulc and m tht be-;t interest of the County and o l Jts mhabttams at thts nmc to authorize the t:.:;uance auu dd.tvcr: of the Bonds (herein defined) for the purp():,cs aforesaid unckr rhe terms and condittons herem set iortl1.
N OW, TIIE RE110RE, BE lT R ESO LVED BY THE DOARD OF COUNTY COMMISSION E RS OF SHAWNEE COUNTY, KANSAS, AS FOLLOWS:
ARTICLE I O EFINlTIONS
Section 101. Definitions ofWonls and T erms. Tn addition to words and term:, dcfmecl elsewhere herem, the followinp, word:. and terms as used m th i ~ Resolution shaU have t h~ lollowmg meanings:
"Act" means the Cons titution an d statutes of the State o f Kansa~ iucluuing K..L · J. §10-101 et uq .. K. r. ·1. f ! 0-427 tl J'tq .. K.J'..-1. §10-620 rt J't:q., :111d all resoltJOOns autJtonzcd thcrcuy, all as amended and -;upplemented
"AnnuaJ Finan cial Info rmation" means the financial mformauon or opcranng d:na with respect to rhc County. pro' tued at least annually, of the t\l)C' md udcd m th e Final OfficL'll Stat('m('nt
"Audited F inancial Stateme nts" mean~ the Cowlty's annual fi nancial statements, prepared in accordance '\VJ.th the G .\..:\1' lor go"ernmentaJ units as prescnbed by G ,\ SB, whtch financ1al statements shall have been auducd b., s uch auditor as shall be then rcqllircJ or permitted by the lawlt o f the State.
"Authorized Co~o~ts" means lhc amount o l proceeds necessary to refund and prepay the Refunded Bonds and pay the lmr o f f,s uancc.
" Bond and Interest F und'' means rhc RonJ anJ Intereltt Fund of d1e County for j ts gcneml ob~r.~uon bonds.
" Bond Counsel" means Robcn J. Perry, I ·~"<J ·. or any o rher atm mcy or ftrm o f attumeylt \Vlth a
nllrtonallr recogn!j!eJ stand.lllg m the field of munjcipal bond 6nancing selected by the County.
" Bond Paym ent Date" means any date on which principal o f o r inrcrcsr o n any Bond is payable.
" Bond Registe r" means the books lor the regts t.ration. transftt and exchange of Bonds kept at the office of the Bond Reg~srrar.
" Bond Registrar" means the T rca•mrcr u [ the !>lAltc o1 Kansas, Topeka, h...'\n as, and tts successors aml a:-signs.
" Bond s" and "Series 2019 Bonds" mean the Shawnee County, ~n:.lU. General O bllgattou Rcfumllllg Bunds, Series 201Y, defined, autho rized and ISsued by rhe Counry pursuant to County R<.-solution
o. 20 19-25 and thJs Hesoluuon.
"Business Day'' m ean!> a da} oLher Lhan a S:Hurda\, . unday o r holiday on which the P:t}ing Agenr i<: .;chednled in rh c normal coun.c o f 1t:, o perations to be open to th~ pubhc fo r conduc t o f ils o perations.
" Cede & Co.'' means Cede & Cu., alt uunu nee nlme o f 1 he D cposjtory Trust Company, N ew York, New York.
"Ch airman" me:~ns 1 he d uly e lected and ac t.iug Ch;urman of the Uoard of Coun ty Commissioners, or 111 the Chairman's abscncc, rlw duly appointed and/or elc<.tcJ Vice Chainnan or the Acting Chairman of the Board of Count} Comm1ssioners.
' 'Continuing Disclosure Undertaking" mClln~ the County undertaking to comply with SEC Rule 15c2- l:! as c~prC1i~cd 111 t h<.• undertaking document apprm·cd herem.
"Code" means the Internal Re•enuc C oJe o l 1986, as amended.
"Cos ts o flssua nce" means all costs o f 1Ss111ng the Bond.-;, mcluJing aJI publicatio n, printing, signing and mailiug expenses 111 connection therewith, regisrr:Hion fees, undcrv.1rit.ing fees, ail legal fees and expenses of Bond Counsel anJ other legal counsel, expcns<'s incurred 10 connedlon with curnpl.Jau\..c \1.-itJ1 lhc Cude and wllh the conunuiog clisd osure r<-quiremenrs \vith respect to the Buuds. and all expenses mcurred in connection \\ tth rt:Cel\'lng ratin~s on the Bonds.
"County" means Shawnee Count} . Kansas.
"County Clerk'' means the duJy appomtcc.l and/ or elected Coun ty Clerk or, in the County Ckrk?s
2
ab~cncc . the duh .tppomtctl D cpury Count: Clerk o r ;-\cong C:ountv Clerk.
" Dated Date" mean:; July 9, 20 19.
"Escrow Trustee" means Sccunty Bank of Kansa.' Cuy. Kansas l ir\, Kansas.
"Esc cow T rust Agreemen t" m ean s that Escrow Trust A~rcemcnt dated as of the Dated Date by and between the Count~ aml Lhc T rustee under which the refundmg o f the Refunded Uonds and payment ol the Co~ t :; of b~uauLc ,.,;n occur.
"Final Official Statement'' mean::. the fiual offtL!a.l statement prepared by rhe County or its
repre:-entatives in m nnecrion with the sale of th e l.!omb anJ JdivereJ to tbc Purchaser within seven business Jays after the sale nf the Bonds 1n accordance With the !:- l·.C Rule. The r Uial Official Statement includes the
in lurmatJOn in the Prrlimmary 0(£icial Statement anJ a::. ::.upplr.:: mentcJ or amended.
"FiKcal Year'' means the twelve m o nth pcaoJ cuilin ron December 3 1.
"f'unds and Accounts" means funds and accounts created or re ferred to 111 Section 501 he.reoL
"GAAP" means generally accepted accountin~ prtnctple-..
"GASB" mean-. Governmental :\ccounung !:>tauJarJ s Board or Its ~uccL~sors oc assigns.
" lntc rcsr P ayment D a te (s)n mea.m; an installment payment of mterest o n the Series 201 9 Bond~ whtc.:h :-halll.x: ~(arch I and September 1 o f each vcar, commenang Mard1 I. 2020.
" M aturi ty" when ust'<l -w;th respect to an} Boml m ea us the date o n which the principal of such Rond becomes due and payahl<' as thcrcm and herein pruvtdcd, whet her a t the stared maturiry rhereof or hy c:1ll fnr rcJcmp6on or o t hc-rwisc.
"2019 Princip a l and Inte res t AccounC' m cam the Pnnopal and 1 nrrresr Account for Shawnee
Count y, Kan~as . C eneral Obligauon Refuniliug Bonus, Scric-; 20 19 crca ted herein within the County's Bond and T nt crc"l I ~ unci.
"2019 Rc harc F und " m eans the Rebate Fund for Shawnee \.ounry. Kansas. General Oblip.ario n Rcfundiug Bonds, Series 2019, created herem.
"Origin a l Purchaser'' or "Purchaser" mt>ans ( .eorge K. lhum & C:ompan\-, Kansas C1ty. Nli~soun.
"Outs ta nding" mean . when used with rcft•rcnn• to the Bonds, as of a particular date of determination. all Bond:. theretofore aurhcntica tt·d and deU\·ered.. except the followmg Uonds:
{a) Uonds theretofore canceled hy the Pa\ 111~ \ gent or dcli\·ercd to the Pa) 111g :\geut for canccllauou;
(b) Bonds tlccmed ro hi' paid in accordance w1th the provt:-mus of Section 701 hereof; and (c) Uonds in c.~change for or in heu o f which othc• Bond~ hav e uccu authenticated and dch\·ered hcreunucr.
"Own er" when used '"i th respect to anr Bond mL>nn~ the J>cr:;on m who:.c name such Bond ts
registered on the Bond Register.
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''Participants" means those fmanaal msutul.iuus fur wbo111 Lhc.:: Securities Depository effecLS bookentry rransfers and pledges of securities deposited wiLh Ute Se<:ucit.ies Depository, as such listmgof Partictpants exists at the time o f Sitch reference.
" Paying Agent" means the T reasurer of the Srate of Kansas, Topeka_ Kansas, and any successors and
ass1gns.
''Penuitted Investments" means those im·est.ments authorized by KSA §10-131, as amended and supplementct..l, and :;ucb other provts1ons o f Kansas law as may, from time to time, govern the investment of proceeds o f the Bonds.
" Person)) means any natural person, corporatiuu, partnership. joint venture. assooauon, Grm, joiJllstock company, m tsr, unmcorporared orgaruzation., or government or any agency or political subdivtsion thercof or other public body.
"Prelimin ary Official Statement') means the Preliminary O fficial Statement which was prepared by the County in connection with the sale o f the Roods and ilistribured to potential purchasers of the Bonds before the rinal Official Statement, as described in the SEC Rute. was made available.
"Purchase Price" means the purchase price paid for tbe Bonds as is stated in the Final Official Sta.rement under t.hc :.ecuon capuoned "Underwriting"
" Record Dale" for t.he m terc:.L payable on any Interest Payment Date means the fifteenth day (whf' rhcr or not a Bu~u1c:;s Da)) prc.::cc.::iling su41 Interest Payment D ate.
" Redemption Date'' means September 1, 2019 for the Refunded Bonds.
" Red emption Price" means the par amount of t.he Refunded Uonds, plus, any interest due d1ereon.
" Replacement Bonds)) means Bond<> issued to the beneficial owners of the Bonds in accon.lancc with
Section 212 hereof.
"Resolution" means County Resolution No. 2015-76 and ti-lls resolution rclattng to the Bonds.
"SEC Report Date" means September I 5 o f each year. beginning Seplcmbcr 15, 2020.
"SEC Rule" means the Securities anrl Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934, as the same m ay be amendf'd from time to time (17 CFR part 240, §240, 15c2- l2).
"Securities Deposito£Y) means. inirially. The D epository Trust Company, Nt..'W York, New York,
ant..\ its successors and assigns.
"State" means the state of Kansas.
"State Treasurer'' means the duly elcctcrl T reasurer or, in rhe Treasurer's absence, the duly appointed
Depu ty Treasurer or acting T reasurer of d1e State.
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"Stated Maturity" \vhen used v.'l.th re~pecl to any Bond or any ins tallm('t1t of interest thereon mcan5 the dare specifit'd in l> tJ Ch Bond and tlu.:; Re:.IJiuuon a~ the fixed dare on which th l.' pnnopal of such Bond or :,u~.:h 111staUrnent of inter<·st is due and payable.
" Treasurer'' means the duly appomted and/or <'kct('cl T reasurer of the County or, in the T reasurer's ab~cncc, rhc duly appotntcd Deputy Treasurer or aning T reasurer of the Counry
"United States Government Obligations, m(-ans bonds. no tes, ceruficate::. of indebtcdnes::.. Ln:a::.uf) bills o r o ther sccuritJe~ consutunng dirccr ohlip;anon -; o f: o r obligations the prtnapal o f and u1tcrest on wluch arc fully and Ull l.OIIUlUonally guaranteed as to fuU and runcl) payment b), thc L"mlcd States of :\menca. including evidence~ of a dircct ownershjp intcrc:a in future mtcn :st or prull.JpaJ payment on obligations ISl'ilH'cl
by tl1c Un1ted Stales of ,\mertca, any one Lhe above o r a combinauon tbcrco1 arc " D deas:mce Obligations".
ARTICLE 11 AUTHORIZATION AND DET AJLS OF THE BONDS
Section 201. A utho riza tion lu R e fund th e Refunded Bonds and pay Costs of Issuance. 'll1e Refunded Bone!-; shall be caUcd for redempl.lon and n:· t>cmecl on rht> Redemption D ate and the Cost~ of I ~sua nee shaU be p;uu, all in accordance \vtth the bcrow l rust .AgrccmL-nl.
Section 202. Authorization of the Bonds. "J11cre shall be issut'd and hereby are auLhocized nnd dm:<.:ted to be 1ssur cl Shawnee County. Kama:-. General O bligation Rdimcling Hond11, Series 2019 in the
aggrcWJte princtp:ll amount set out on Lhc tvbturi ty F.xhibir.
Section 203. D escription of the Bonds. Thl Bond shall consist of fuU: rcgi~tcred bonds 111 th e denomj natio n o f $5.000 oc an) llllC!,>nl multipl<' the reof. 1nd shall be numbered 1n such manner a:. the Bonu Registrar shall dctemunc .\11 ut the Bond~ shaJI be d:u cd as o f tht: Dated Date. shall becom e due 111 the amoun~ on the' S1:ucd f\ latu rtues (subject to redemp uon and payment prior to Lhc1r Stated J\1atunuc:~ a~ prondcd in Article Ill he reot), and shall bc-.u: mtercsr a;; :he rares pe r annum all as is set fo rth in the f\ laturll) l.:.xhibit artachcd here to and mcorporated hcrCJI I by rC'fcrMC<'.
The Bonds s hall bca[ Ullcrest al the sp('cificd rates (computed on the base. ul a 360-day year or twelve 10-day months) fro m the later o f th e Dated Dale or rhc most recent Tnterc:.t Pa .. ment Date to which interest has been paid, payabk on the J nterest Payment Dares in 1ht manner ser forth in Section 204 hcreoL
Each of Lhc UunJs, a:-. originally issued or issued upon transfer. e~cbangc ur :-.ubstitution, shall be ryped or printed in accordance \\-llh Lhe formar req111red br the \ttomey General o l the ::-.tate and shall be substamially
in the form attacl1l.'\l here to and incorporated herem or as ma~ be rClJWICU b} Lhe \trnmcy G eneral pursuant to the oricc o f Sy:, tcm:. o f Rcgi.stration for Kansas Municipal IJonds, m accoruancc wnh the Kansas Bond Rcg1stratioo Law, K.J. ·l. J 10-620 rl.r~q.
Section 204. Des ignation of Paying Agent and Bond Registrar. The Treasurer of the S tate o f Kansas, T opeka, Kamas, is hl.' rcby designated a-. t.hc Paymg 1\ genl for rhe payment n f principal of and .tntcrest on the Uomb and Bond Regis trar witll rL-specL to tl1e reb'l::.Lranon, transfer and <"<change of Bonds "fhe Chau:man anu County Clerk of the County arc herd.>~ authonzed and empowered 10 execute on behalf of rhe County an agreement with thl.' Bond Registrar anJ Paynu~ \gent for rhe Boncl~.
The Counry will 11 nll runes mruutau1 ·• Pa) mg . \gent and Bond RC"gi"trar meeting the qua.lificauons herem uescnbed fo r rh<• performance of the Juucs hereunder. The \.ounry n·~cr.res the nght tO appoint a
~ucccssor Paying. \gc-nL o r BunJ Reg~~;tntr b~ (l) filu1g with the Paying . \gent or Rond Regtstr.~r then performing such function a ccrnfietl cop~ ul t.he prucced.u1gl> gwmg notice of the terminaoon of such Paying Agent or Ronci Regt~trar anti appo1111Jilg a ~uccessor, and (2) caustng notice of appointment of the successor Paying ,\ gent and Rond Rcgistn1r to be b'1Vctl by firs t class mail to each Owner. No resigna tion o r removal o f the
Paymg 1\gcor o r Ronci Registrar shall become eflccUvc w1ul a successor has been appointed and has accepted the duties of Paymg \gem or Bond Registrar.
Every Paying ,\~ent or Bond Registrnr :~ppmntetl hcreum.lcr shall at all umc:. meet the req utren1ents of 1\.S. J. f!0-501 t! stq. and KS. J. fi0-620 tl stq., rcspccnvd~.
Section 205. Meth od and Place of Payment of the Bon ds. The pnno pal o f or Redemption Price
and intcresl on lhc UouJs ~hall bt: payable tn any coin or Clltrcncy which. on rhe rcspccnve dares of payment rhertof; is legal render fo r rhc payment. uf pubuc and pnvatc debts.
The principal or ReJempuou Pnce o f each 13ond shall be paid at l\1aturitv to the Person in whose name such Bond is regisrcrcci on the Bond Re~orl:,tcr at lhe Matunt) thereof; by check o r draft upon presentation and surrender of snch Bond :tt the office of the Pa~ Uig .\gent.
The mterest payable on each Bond o n an} Tntcrc l Payment Dale shaU be prud to the Owner of such Bond as shown on the Bond Regt.stcr at th t> clm c o f bu~mes:. on the Reconl Dale fur l>Ut .h 11\terest (a) b} check
ur draft mailed br the Paying Agem to the address o f such O wner :,hown on t.hc BonJ Rt:g~l>l<:r or (b) m the t:asc.: ol an Ultercst paym ent to any Owner of 500,000 or more in aggregate pnnapal amount of Bumls, by dct:lroruc t.ransfer to such Owner upon written nOU('(' gwm to the Bond Rcgtstrnr and li igned by such Owner, not les:- than 15 Jay:. prtor to the Record Date fo r such in terest, containing rhe clcrtronlc transfer insml(:rions mduiling lhe bank (whtch shall be m the continental L1n ited State ), •\B1\ rounng numbt· r and account number
to which such 0\\Tlcr \\o t~hc~ to bavt: such transfer directed
Section 206. Regi stration, Transfer and Exchange of B onds. The County co,•enams that. as long a~ any of the Bonds rt:m run O ut:;tanillug, It '"ill cause the: Bond Register to be kept at the office of the Bond Regt.srrar a.s herein provttlcu. Each BonJ "'ben rssued shall bt• regis tered in the name of the Owner thereof on
the Bond RcWster.
Bonds rna~ he tranl'fr rrC"d and ex chan !'CU oul on the I.lond Register as prov1dcd in this Section lJpon surrender o f any Bond ar 1he offi ce of rhe Bond Reg1~trar, t.hc Uond Registrar shall transfer or exchange such Hnnd for a new Bond or Bonds in any authonzed denonunalluu uf the same ~tated Maturity and in the sam e aggregate princip;t} :unount as the Bond thar was prescntcu tor transfer or e.'l:change.
Hunds pre«entcd o r 1ransfer or exchange shall be accompanicu bra wnLlcu m::,lrwnt:nt ur UISlrumCilt::. •>t t.ransfcr o r authorinMon for <''tchange. in a form anJ \\-llh bruarantee of stgnaturc saosfactory to the Bond Rcgtstrar, duly execmed by the Owner rhcrcof o r U} the Owners duly authoozed agen t.
Ln aU cases in wh1ch Lhe privilege of rransfcrrin~ or cxchant,ring 1:3onus is exercised, the 13ond Regtstrar
:-hall authenticate and deliver Bonds in accordance wnh the provis10n:; of Llus Rcsoluuon. The County shall pay the lees and expenses of the Bond Registrar for rhc rcgismwon, lranl>fer and exchange of IJoods provided for U) tbt::. Resolullon and the co-;t of panting a reasonable :-.upply of rcgisLered bond blanks. Any additio nal costs
or fee:, that might. be mcurred in the secondary m arket, other than fees ol the Uond Registrar, are the r<·spons1bility •>l the Owner.- of the Bonds. 1 n the event any O"'ncr faib to provadc a correct lupaycr tdt'flnftcation number to the Paymg Agent, the Payin~ ,\genr may make a charge ag,un~t such Owner sufficu.:nt
10 pav any go\·cmmelllal charge rc<.Jwrcu to bt· pa1d a~ a result of such failure. T n compliance with Seccion 3-+06 of the Code. such amount may be ucuuctctl by lhc P:t)1ng .\ genr from amonnls orhel'\.\li se payable to 'iUch
( >wncr hereunder 01 under rhe Bonus.
The Counl)' anti the Bond Regisrrar shall nol bt required to register the 1.r.1nsfcr or exchange of any Uonu tltatltas been calktl fo r redemption after noun· o f such redemption has been mailed by the Paying Agent pursuant to Section 303 hL·rTof and during the penod of 15 davs next preceding the date of mailing of such nonce o f redemption.
-n,e C:onnt}' :wd the Paymg Agent may deem anu treat the Person ut whu:-.e nantc any Bond 1l- regt~tcrLxl
on the Ronci Rcg1s1er a-. the absolute 0\~<llt:r ul ~udt Bunc.l, whether ~uch Bond 1~ overdue or no~ for the purpose of receiving payment of; or on account ol: Ute pnuapal or Rctletnp tJun Pnce of an ti interest on s:ud Bond and for aU other purposes. All payment~ :,o matle to any such Owner or upon the Owner's order sh:11l bC' va lid and effective to satisfy and chscharge the liaiJil it} upon w ch Bond to the extent of rhc sum or sums :~o paid, and netther th e County nor the Paylllg i\gem ~hall lx: a!tcctcd by any nouce 10th<.' conrrary .
. At reasonable tJme~ autl under reasonable rrg11larionl\ established by the Bond Rcp;~strar.. the Bond Rcgtsrcr may be im.pecteu anu cop1ed by the (hmers of 1()0., or more m pnnopal amount oi the Bond" then Outstanding or an} J esl!"ltatctl reprcscntanve of l'Uch ~vnt'rs \\'bose authonry IS evidenced to the satisfaction
of the 13und Rl!bTll>lr.tr.
Section 207. Execution, Regis tratio n, Authentication and D elivery of Bo nds. l.:.ach ol the Uonds, incluwng any Bonds tssucd in exchange or as sub!>titutions for the Bonds Lniually delivered, sh11ll be e.xcwted fur and on behalf o f the Conmy by rhe m.'\nual or facsimile s ignature o f the Chaim1an. attestcd b~ the manual or facsirmlc signantrc o f the Cou nt\ Clerk and the seal of the County ~hall ue alli'l.t:d thereto or unpnntctl thereon. Thr C:hatrman and County Clctk ar hereby authortzed anti Ju-cctctl to prt:parc and execute.: d1e Uonc.ls in the manner herein "pecifiecl and to C\li$C the.• Bonds to be registered rn the office of the Counn. Ucrk, \.\oltich rt1,ristranon shall be C'Videnced b}' the manua o r facsuuile stgnaturc oi the.: Count) Ocrl.. \\llh the ::.cal ol the County aftixcd rhcrcro o r imprinted thereon I c l3onds sha!J also be regt:.tcred U1 the office of the St.·'lte l'reasurer. wtuLh rcgistmtion shall be evidc·nccd b} llu manual or facsimile Slftna lurc of the State Treasurer wllh Lh c sca.l of tl1c Srat c Treasurer af6xed thereto or tmprtnted d1ereon. In ca~e au} ufliccr whose :uguature appc~ on any Bonds rc:1srs to be such o fficer before the delivCl) of such Bonus, such signature shall ncvcrthelc~s be valid Rnd suflicicnr for all pu tposes, as 1f such per:;on had remained 111 uff1cc unLi.l J elivcr> · Au) Douu may IJc signed by such per-;ons who at the actual wnc of the execuuon o l ~uch Bonu arc the proper uiliccrs lU :,ign such Bond al though at the date of ::ouch Uond such persons may not have been such u fficen;.
The Bond., shall haw endorsed thereon .t ccrli iJcatc ut authenUca tion. all of which shall be m:mu,1lly executed by rhe Bond Regi.:. trar or an authort7ctl repre:.cmatJvc of the Bond Rcgtslrar. bur tr l'hall not h<.· ncccsl'ary that the same representattve of the Uoml Rcw .... trar Sl!:,>n the cernficalc of authenrir:nion on all o f the Bonds rhat rna> be tssucd hereunder al any one umc. No Bond shall be enlirlrci ro any ~crnnty or benefit under this Rcsolulion or lw valid or ob~atory for any purpo~c unless and until ~uch cerrificate of authenticalion has been duly exccurccl by the Bond Registrar. Such cxecuted cc.: ruficate of authcntic:1t ion upon any Bond shall be rnndusive evidence.· that such 13onJ ha:; been duly :ullhcnttcarcd and delivc:recl under this Resolution. Upon authcnricanon, rhc Bond Rcv,i-;trnr shall dehvcr the Bonus 10 the Purchaser upon instruc!ions of me County o r it" representative.
Section 208. Mutila ted , Lost~ Sto len or D csrroyed Bonds. If (a) am muolated Bond is surrendered to the Bond Registrar or the Bond Registrar rcn•iv(•s evidence to its satisfaction of the destruction, loss or theft
of any Bond. and (b) there is de]jvered to the Counry and the Bond Registrar such security or indemniry as may be reqw.red by the Bond RegiStrar, then, in the absence of notice to the County or rhe Boncl Registrar rh:~t 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 Uond of the same Stated l'vlatu.city and of like tenor and principal amount.
If any such mutilated, destroyed, lo:;t or stolen .13ond has become or is about to become due and payable. the Bond Rcg:tsl.:ra.r, m its thscrcuon, may pay such Bond instead of issuing a new Bond.
Upon the issuance of any new Bond under this Section, the County may re(jw.rC the payment by the O·wncr of a sum sufficient to cover any tax or other governmental charge Lhat may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paymg Agent) connected therewith.
Every new Bond issued pursuant ro this Section shall constimre a replacement of rhe prior obligation of the County. and shall be en.tided to all the benefirs of rhis Resolution equally and rarably with all other Outstanding .13onds.
Section 209. Cancellation and Destru ction ofBonds Upon Payment . • '\ll Bonds d1at have been prud or rctlccmetl or t.hat olhcrwtsc have been surrendered to the Paying Agent, citbcr at or before Maturity, shall be canceled by the Paying Agcnl uruned.ialely upon the payment. redemption and surre11det thereof to the Pa~Ting .\gent anti subl:>c~uently destroyed in accortla.oce Wlth the a.tstomary practices of d1e Paying Agent. The Pa\,j_ng ,\genr shall execure a ccrtificare in duplicate dcscnbmg lhc Ha nds so canceled and destroyed and sball file an executed counterpart of such certificate with lhc.!.Couuly.
Section 210. Preliminary and F inal Offic ial Statemen t. The Preliminary Offiaal Statcmcnl and Final Official Statement are hereby ratified and approvcd. Thc Chairman's cxccut.ion of the Final Official Statement as so suppkmemcd, amended and completed, and the usB and public distributwn of the Final Official Statement by the Purchasers in connection with the reoffcring of d1c Bonds is hereby ratified and approved. The proper officials of the County are hereby authorized to execure and deliver a certificate pertaining to such Oftiaal Statement as presttibed therein, dated as of the date o f payment fo r and delivery of the Bonds.
Section 211. Sale of the Bonds. The sale of the Bonds to the Purchaser and the execution o f d1e Bone.! Purchase Agreement is hereby ratified and confirmed. Delivery o f the Bonds shall be made to the Purchaser as soon as practicable after d1e passage of this Resolution, upon payment of the Purchase Price.
Section 212. Book-Entry Bonds; Securities Depository.
(a) The Bonds shall initially ue n:gistered to Cede & Co .. the nominee for the Secu.rioes Deposltory, ancl no ucncfiaal owner -will receive certificates representing their respective interests in the Bonds, except in the event the Bom.l Rcgtsl:rar tssues Replacement .13onds as provided in subseccion (b) hereof It is ancicipated t.hat Juring the lenn of lhe Uonds, the Securities Depository will make book-entry tntn.sfers among its Participa.ttls a.tld rccei~e and transmit payment of principal of; premium. if any, and interest on, the Bonds to rhe "Pa.rriapant<> until and unless lhe Uond Regtstrar authcnucatcs and delivers Replacement Bonds to the he.neficial m>vncrs al:> tlcscribt:d in subsecuon (b).
(b) (1) rf rhe County determines (A) t.bal the Secunucs Deposttory is W1able to properly discharge llS
respon.siuililics, or (H) 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, ur (C) that the continuation of a book-entry system to the c.xclus1on of any Uonds being lSsued to any Ownet other d1an Cede & Co. is no longer in the best .interests of the beneficial owners of the Bonds, or (2) if the Bond Registta.r
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receive~ wnllcn notice from Participants having interests in not lc:;:; tl1an SU% o f the Bonds Outstamhng, as -.hown on the reco rds of the . cwriries Dcpnstrory (ami ccrufied to such effl-ct by the Sccuntics Deposttory). that the continuation o f a Ul)l)" elll.r) S}Sicm to the exclusion of any Homb uemg is:.ucd to any Owner other than Ceuc & Co. is no longer 111 tht' best intrrr'\t'\ of the bcneliual O \\.I1Crs of the Bonds. then the BonJ RcgtM.rar shall nonf)· rhe Owner.; of sut:h deternuuauun or ~uch notice and of the availabili t: or c<:rttficates to Owners regucstmg the :;ame, and the Bond Registrar shall regtsrcr in the name of and aulhcnncate and dchver Rcplat:emcnt Bonds to the beneficial owners or their nominee:; tn principal amounts representing the tnlcrcst of each, m:~kmg such adJustments a:; it may lmJ IIC1.cssary o r appropriate as to accrueJ UJtcrest and prcviou-; calls for redemption; prmJJeJ, that in the case o f a determination tmtkr (1)(~\) or (I)(U) o f this subsection OJ), the Couut:. with the cons<.'nt o f the Rond Rl'g1l'trar. may ~elect a :.uccc:;sor secuoties depository in acconlance With cction 211 (c) hereof (() cflect uool..-entn transfers In such cn•nt, all rclercncc:. to the Secunnc.; Deposnory herein shall rchtte to the peood of time when the SccunUe:; OeposllOI) has possession of at lct~sl one llonJ. Upon the iss11anc-1· of R<'placemcnt RonJ~, all references herClO to obliganons LIDposeJ upon or to be performed by the Secunues Depository shaJ I be deemed to he imposeJ upon and performed by the Bond Rcg1st.rar, w the extent appbcabk w-ith respec-t ro such Rcplacem<:nt Bonds. Tf the Secnrincs Dcposlto.ry rcstb'll$ and the County, the Bond Registrar or o,..,nc..·r-. arc unable to loc:aw a qualified successor o f the SeetJOnCl' Dcpo:.tH>r~ ut accordance with Section 21 1 (c, h<·reoi: then the l3ouJ RegtStrnt ~hall :\llth<-nricate and cau~t: J eh\'Cl) o f Replacement Rnnds rn Ownt'rs. a:- pmv1dcd herem. The Bond Regtstrnr m:\)' rely uo wfum1:\Uon from the Srnuirics Dcposttory anJ 1Ls Participnnts a!t to the name~ of the bencftual o wners of the Bond~ and shaJl IIOl UC responsible for ail)' iovestig:won (0 detcrmml' the beneficia] owner · The COSt of prmlmg, rcgisLration. :wthcnricanon and deliver;· o f Repla(.;cJl\ent Uonds shalJ be paid for by the Counly.
(t:) Jn U1c event the Securities DepositOr";' rcs~s. is unable lo properly dic.chargc ItS responsibiliucs, or 1s no lonp,er qu.wfied to art as a ~ecuri cics depo~r lun anJ regt.o; rcrcd clearing agrnn uodcr d1c Secuouc::. and Exchange \ c l of 19J4. a:- amenJ~.-d,. t.hc County may appoint a ~uccessor Secunue::. Depository pronded the Bond Rcgl:i lr.lr anJ the Count\ rccc1vc \\.Tittcn l'VIclcnce wirh respect to the ability of the successor . crurili~.:::. Depository to discharge tis responsibilities. An} liucll ::.ucces~or Securities Deposuory shall be a secunut:s deposit ory which i:, a regi::.tercJ clearing agcnq under the Sccurll1<'i:> and L-::.'-:changc /\ct of I Y34, as am(.•nded, or o tlwr :1pplic-ahlc s1atu1c or r gulation that operate.::; a :,ccunue!: depository upon rca~onablc anJ cu~tumru.} rerms. -nil' Bond Regisu:ar upon its receipt of a Bond o r Rond:-; (or cancellation shall cause the dchvcrv of DonJ::. to the successor ~ecuri uc~ Depository to appropriate denonunauons and form as provided herem.
ARTICLE Ill REDEMPTION OF BONOS
Sec tio n 30L Re dem ption by County. f hc Bonds arc not subject to opuonal prepayment and rcdempnon pnor to marurit: .
Section 302. Selection of Bond s to be Red eemed . Should a courr of competent JUOSdicnon ordt'r :1 redemption. Bonds ~halllx· reucemed only 111 the pnncipal runount of $5.000 or any inlegra.l multiple thereof. \X' hcn k);:; than all of the Bonds u f the same matun ty arc to be rcckcmed and pait! pno r tu lhelr Stated NL-truriry, the Bond~ to be redeemcclllhall be sclecteJ by the l3ond Registrar in $5,000 units of pnnapal amount U1 such equitable manner as rht> Rond Reg1strar may Ucll'nnuJe.
Tn the case of a partial rt'dempcion of BonJ s by lot '"hen Uonds of denorrunanons grea ter than $5.000 art: then O utstand.inp,. then for all purposes 1n connccuon Mlh :.uc.h rcdempuon each $1,tl00 of face value shaU be treated as though it were a separate Bond of the d1.nomination o f SS.OOO If tt i-; det<·rminctl lhat one or more, but not all, of the $5,01l(lunits of face v:~ lm· represented by auy Uond i.s selected for rcdcmpnon, then upon notice of intention tn redeem such $S.OOO 1m11 or units, the Owner or the 0\mcr ':; duly authonzed agent "hall f(>rthwtth present and surrender such Bond to tl1e Bond Reg1~trar ( I) for p:tyment o f the RcJcmpuon Pnce anti tnt~:res t to the R{·dempnon Date o f ,;uch $j.(JI ){I UJlll o r urut-; o f face value callccl for redcmpoon, anJ
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(2) for exchange. wtthout charge to the Ownf'r thereof; for n new BomJ o r Bonds of the aggregate poucipal amount o f the unredeemed poruon of rhe pnncipal amount of such 13om!. If thr Owner of any such Bond fai ls
ro present such Bond lo tl •e Paymg Agent for payment and C). change as afor<>s:ud, such Bond shall nevcrthclrss. become due and pay;dJlc o n th <> redemption date to the ex.teul of the $5.00() uni t or \.UlltS of face value called for redemption (anJ to thar extent only).
Section 303. Notice and Effect of CaU for Redemption. In the event of a oill of the Roods for redcmpuon pnor to mantriry, wri tten no tice o l such tntent shall be provided to Lhc Bond Registrnr 1n
acconlancc w:ilh K.J.A. §10-129, as amended, no t lc:,s lhan 45 days prior to the Redempuon D ate; provided huwc\·c r, thar no '\liCh written notice shall be required for the mandatory redem ption of Term Bonds, jf an~.
dnd T l·rtn Bonds shall be called b~ the Bo nd Regio;rrar for redempnon and noucc of redempoon shall be gtven b~ tlt l Bond R<'g~s t ra r \Vi.thout an} turtLcr action by rh<' County. 1 be Bond R(.t,rtSlrar shall call Bonds for
rcdempnon and payment and ~ball gtvc none<> of l'llch redemp non a~ bt:rcin provided upon receipt by the Bond Re.gisrrnr :u least ·IS days prtor lO Lhc Redemption D ate of written mstruclions of the County specifying the principal amount, Stated M.atun ues, Redemption D ate and H.edcrnpuou Pncc.'l o f the Bonds to be calk-J for rcdcmpoon. [f the Bonds arc refunded more than 90 day m tu.lvaucc of ~uch R dcmption Oale, any escrow
a~rccment entered tnlo b} lhe \.onnry in connection \vtth such rcfumlinp; !lihall pro·vtde that such wri tten instnlcoons to the Paymg Agcnr sha\1 be given by the escrow agent on behalf of the Connty nol m ore than 90 da"-s puor lo lhc Redemp tion D :nc. The Paytng A ent mH u• its discrenon w·:uvc ch noUel' period so lonR as the reqwremenls !o r nocices ro the Owners set forth in tlu-. Section 303 are met
Cnlcss waived by any Owner of Bonds to be rcdccm{'{l, lbc Bond Rcgtstrar shall brtvc wrirten no tice of the rcdempllon or l'aid Bonds on a specified date, t.he same being described by maturity. :,ruJ notice to be mallcd u~ Umrcd Stares first class mail J dre:;S(:d to the O..mcrs of ~'lid Bonds to be redeem ed and ro the Ongmal Purcha-.ers of the Bonds, each of srud nuttc · to b mailed not less than 30 d.t}S prior ro rhe date fixed fur rcdcmpnon. The Coumy and Bond Rl!glsttar slull also giVe such addinonaJ noucc as may be required by Kansas law or regulations o f the Seumtics and Exchru1ge Commi.'lsion 1n e ffect as of tl1c date of such no tice.
F-or so long a~ d1e SeLunU~ DL'{><>Sitory is efferting book en try trau:,fcrs of rhe Bonds, the Uund Rt.)?i..,rrar shall provide the no lJLC specified in rh1!' Secnon t the Secunu~ Deposito ry. Tt is expected th at the SecurtOc'l D epository shall, u1 tum, notify irs P ar ticipants and that the ParUc1panrs, in rum , will notify o r caul.c ro be notified the beneficial uwnen~. Any failure on the part of the Securities DL'Posirory or a Partiopanl , o r failure on the pan of a nu1runce of a ben cfto.al owner of a Bond (having been m ailed notice &om lhe Bond
Regt~ttar. the ~ecunucs Dcpo:mory, a Participant or o thecwt::.ej to not.i£:y the beneficial O\vncr of the Bond so affected, shall out a lt ecl the \·altdiry of the redcmpuon of suet. Bond .
• -\11 offiL"lal notices of redemption shaiJ be dated and shall conrain th<.• following in fon ualiun:
(a; tile Redemption n .. rc; :b) the Redemption P n ce; ;r) 1f less than all Outstanding Bonds of a Stated Marumy arc to be rcdccmecl, rhc identification
~ami. I ll t.he ca:.c of partial redemption of any Bonds, the re~pcctivc p rincipal am ounts) ol t.hc Bond., to be rede(·mrd:
1d) a srarcment that on the Redempuon Date the Redemption Price will become due and parnblc upon each such Bond ur poruon thereof called fo r redemption and that UJ tcrcsr thereon shall cease to accrue from :~n cl after the Redempnon D ate; am.l
(e) the place where such Bonds arc Lobe surrendered ror paym c>nt o f the Redcmpuon Price, which shall ht• the principal office of t.hc Pa} ing Agent.
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\t'nh respect to :tn\· notice given pursuant to l.his Section 303, the failu re of any Owner ro receive nottce ~wen "" heretofore pro~-ided or am· defect therein shaU not mvaltdate any rcdemp non.
Pnor to any Rcdempuon Date.. the Cow1ty ..,}taJI Jcposll \\ tth the Papng • \ gent an amount of money :.uflioen t to pa~ the Kedcmpuon Pnce o f aU the 13onds or porlwn:, o l Uond~ that arc to be redeemed on such
H.edempuon Date
OffioaJ nonce of redemption havmg been given ru. afores:ud, the Bonds or puruum of Honds to be redeemed shall become due and payable on the Redemptton Date, at the Rcdcmpuuu Puce therein speci fied, and from and alter the Rctlcmplion Date (unless the Couuty def;1uiL.., Ill the payment u f the Redemption Pr1ce) such Buuds or purlion of Bonds shall cease to bear interest L pun surrender u[ ~ uch Bouds lor redempuon 111
acconJauce w1th such not1ce, the Redemption Prirt' of such Bonds shaJI be pa.~J by the Pa~mg . \ gent. l nstallmc·nls of int crrst due on o r prior to the Redemption Date shall be p::ey:~biC!' as herein provided for payment o f Llll cres t. l lpon surrrnder for any parrial rcdcmpuon of an y Bond, rhcrc sh ::~ ll be prepared for d1c Owner a
new Bond or Bonds of thr s:~ me Stated Mamriry in the amount o f the unpaid prinrip:~l as provided hcrcm. AU Bond~ th:~r h:~ve been surrendered for redemption shall be canceled and destroyed by the Paying ,\genr as prov-ided herein and shall not be reissued.
The Payin~ .\~cnt is also du:ected to compl wtth <Ul) mand:'l.tnn or volunt.'lt)' s~dards then in effect for processing rcdcmpnon~ of municipal secunue:. c:; tablt:.-hcd b} the ~ta t e or the Securities and Exchange Comnusston. l·rulurc to comply with such standard~ shall not affect or uwalidatc the redemption of aoy Bond
ARTICLE IV SECU RITY FOR AND PAYMENT OF BONDS
Sectio n 401. Security for the Bonds. l11t: Bonds shall be general obl tg.~ tion o; of the County payable fro m ~·neral ta:t le\it·s o r spcci~l assessments lev1ecl upon the propert) benefited bv the construction of certain improvement s, :tnd in pan from lawfully available ti.ltlds o f the County, and, tf not so paid. then from ad \·alorem property raxes wh1ch may be levied ""it.houtlimi , tiona:; to rate or amount upon all the taxable ran~blc
property, r<'!ll and personal, within the territorial Lunits of the Countv. 'J 'h e full fai th. credit and resources of the Connty arc hereby irrevocably pledged for the prompt paj men I of the pnncipal o f and interest on the Bonds as the same become due.
Sectio n 402. Levy and Collection o f Annu al Tax and /or Assessm en ts. lhe Board of County Commissioners o f the County shaJI annually make pron:.Jon for the payment o f principal o f: premium, tf any, and intcrco;t o n the Bonds as the same become Jue b) lev~ uag aJlU ~olle~uug the necessary taxes and/ or assessments upon aU o[ the taxable tangible pcopenr \\.1UUII the Count) 111 the manner provided by law.
"1 he tru.c~ anJ/ur :c;scs:;mcuts referred to above :;hall be extended upon the tax ruU:- m each of the ~cveral ,·car... r~'SpCCU\ el}, anJ :.haJJ be lcvJeJ and collected at the same umc anJ in the same manner a:; the o thet ad \'alorcm t.t:~oc:; of the CoWJt)" arc lcv1cd and colkcted. "Inc proceed.~ derived from :,rud taxes wd/or assessments shaU be tlcposttcd m the :!0 19 PnncipaJ and Interest ,\ ccount , ~hall be kept :o;eparatc antl apart from all other luuJ~ of the County and shaJJ be used solely for the paymcnr o f rhc principal of and interes t on the Bontb as anti when the same b~-come due, takmg tnro arrount any :o;chedulcd mandarory redemprions, and the fee:; anJ e:~.peu:.cs of the Bond Registrar and Pa~;ng r\g«>nt.
II at au~ IJ tTie saJd taxes and/or assessments ar<' not rolkctC'd in iunc ro pay rhe principal of or inrerest ou tlaL Bonus when due. rhe T reasurer is hereby authnrbed and directed to pa~· said pnncipal or interest ou1 of
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rht' gent'ral fund~ of the- Counrr and to reimburse said ~enernl funcb fo r mone} :.o e.xpem.lec.l wht:n said taxes and/or :t'\l'('ssmcnrs arc collected.
ARTICLEV E ST ABUSHMENf OF FUNDS AND ACCOliNTS
DEPOSIT AND APt>LJCATJON OF MONEYS
ection 501. Establishment of Funds and Accounts. Simultaneously \Virh rhe issuance o f the Uond!'. Lhere shall be crcaleu \vtt..lun Lht! in:asury of the County the follmvmg fund'l and accounts:
(a) the "Ptincipnl and l nterest Account for Shav.mec Couuty, Kansas, General Ohligation Refunding Bonds, Series 2019'' (Lhe "201 Y PoncipaJ and Jn teresl i\~~ount"); and
(b) the "Rebate l 1und fo r Shawnee Coun ty, Kam.a:., General Ouhg;tLJon Refunding Bonds. Series 2U l Y" (the "20 I Y Rebate l•und'').
l"hc I :uuus ami A~counb established herein shall bt. admiml'tcrcd in accordance with the pro ... isions of tfu~ Rc~oluuon so long as the Bonds are Outstanding.
Section 502. Dispos ition ofBond Proceed s. ·n,c proceeds of the Bonds, upon iSsuance and df'li,·er: rhert'of. ~ha ll he d(:pmited as follows:
(a) In the 2019 Principal and Interest Accounl, a sum equal ro rhc accmed in terest, if any, pa.td ou the Scm .. -:. 2019 111 such amounts as stated in the C m-mg Memorandum drli .. ·ered a1 the cime of issuance of the Hom.ls ("Clu~mg Memorandum")-
(l>). T he Bonc.l prucccds, less the Purcha..,cr'~ unci rwriting discount, ,.,;u be depostted with the Escrow "J rustcc to be inYested anc.l spent Ill acconlancc \Vllh tLc b .cruw T rust Agreement.
Sectio n 503. Application of M oneys in 2019 Princ ipal and Interest Account.
,\U amounl.:> p:ud and crcdiLCd to the 2019 Pnnopal and lntrrrst Account shall be expended and used b) the Couuty fur the sole purpose o f paying the principal or Rr clr mption Price of and interest on the Bonds all ami when th e ~arne become du e and the usual and cus tomary fc>es ::tnd expenses of J.he Bond Registrar and Pa}i ng \gun~. The T reasurer is authorized :~ nd directed to wirhdraw from the 2019 Principal and Interest Account :-.urns surricicnt to p::~y both principal or Redemption Prier of and interest on rhe Bonds and the fees and expense.• of rh c Bond Regts rrar and Paying Agent a.' and when rhc same become due, and to forward such !'urn~ tn the Paymg .\ grn t in such manner and at such time~ as are agreed to by the County and the Paytng \gent. Tf rhrouj.th rhe lapse o f time or otherwise. the Owners of Bonds are no longer entit.led to enforce p:n·ment of the Bonds or the interest thereon, t.l1e Pa;ing ,\gent shall return said funds to the County. All moneys depo,ued \\>i th thc Pa;ing A~nt shall be deemed to bc dcpo~Jled in accordance wlth anc.l subject to all of tht' pronsinns cnnr:tined in this Resolution and shall ht• hdd in trust h} the Paying Agent for the benefit of th(• OwneN of the Ronds enotled to pa;mem from such monrr'
.\u ~ muncp or UIH::.tmcnrs rcmairung m J.hc 2019 Pnncipal and Inrcrcsr \ccounr after the retirement
of the mdcbtcdncs~ for wtuch the Bonds were u;sued shall be rran'ift'rrcd and paid into the Bond and Interest Fund of lhe Count\.
Section 504. Application o f M o neys in the 2019 Reb a te F und .
(a)(l) There shall be deposlled in the 20 19 Rebate l·unJ ~udt amounts ru. arc rcgwred to be deposited tlwn:Ul pun.umllto the i\ruw:age Ccruficale, 1.f applicable to Lite Bond~ . . \11 money at ::~ny 1·ime deposited in the
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::!lll9 Rebate I und shall be held in trust, £O rhe extent rcqlll rrciJo pay n:oal<lole arbitrage to the Caited States
o f . \me rica, and netther the Co unty nor the Owner of any Bonds shall have <ill} nght~ Ill or claim to such mo ne\ \II amounts depo:.ited into or on depn.;ir in the ::!019 Rebate Punu ~hall ue go\'erned by this Section
ou1J the ,\ rbu.rage Ceruficate (2) lhe Count\· shall periodicaUv deter mine thl· rt'b:uabk arbu ragc, tf any, unuer S c(;UOil 148(f) oi
the Code m accordwce wtth the Arbitrage Certificate. and thl· County shall make payments lO Lhe Uruted ~tates of :\mcnca at the umcs and in the amounts dctermmed undl•r the \ rhi1ragc Certificate. , \n~ moneys remauung
111 the 2019 Rebate l·und after redemption and payment of all of the Ronds :~nd p:~ymcnr :mu sausiacuon of
OUlY reba table aruttrage, or provlSlOII rnaue therefor, ~hall be deposited into the Bond and Tnreresr Fund of the
Coun t}. (b) Notw1thstamlm g auy oLb~o:r pru\itSiun of thi:. Resolu tio n, including in particular Article VU
ht·rmi; the o hhg--ttion to pay reuaLaulc arbttrage to Ll1c Unlled ~tales of mcrica and to comply wirh all other
requir<'m r n Js nf this Sccrion an d the Arbitrage Certifi.cale :-hall ::.urv1"e the ddcasoulc<: o r p:~yment in fu ll of the
Bonds. (c) -l11C ,\ rb!lragc Certificate may be amemlccl or replaced tf; in the opiruon o f Bond Counsel,
~uch :1mcnclmcnr o r rcpl:u:cmenr will not advcrsdy affect the cxcluston rom gros:; mcome for federal rncome
ta x purpo~es of intrrc;;t on rhe Bonds.
ecrio n 505. D epos its and Investme n t ofMoocp;. f\ lone~s 111 e-ach o f the J·unds and .-\ccoums
~hall be deposited m a bank or banks or federal or sratl' chart< red sa\·tngs anu 1om a:;:;ooauon(s) or other
msutut.ions as pcrrrutted b} the laws of the tate. wh1ch arc mt'1nhcrs oi Lllc Feucral D eposit Insurance
Corpornuon. \11 "uch deposi ts shall be continuou.;]y and adequa rd : o;ecurcd h)' rhe finmcial ins tituUons holillng
:>uch deposits as provided by the l:l\\tS of the: State .\ll moneys hdcl in Jhc l·und ... anu .\ccuun b :.hall be kept
separate and apart from all other fu nds o f the County so 1hat thl'rl' .;hall he no commingling of such fum.b \\1th
an) other funds o f the CountY.
f\ lo ncys held in the h mds and ,\ccoums m ar be m \-c'i tcd b\ the County m Pcnruued Investm ents or
in other inve5 tments allowed by Kansas law in S1.1ch amonn1 s and m.amring at such tim es as shall n :a:;onablj
pmvide for moneys to be availab le when reqmred in said accounts or fu ndo;: provided, huwcn:r, that no :.uch
inves tment shalt be made fo r a period extrndin~ longer than to thr date \\:hen the money~ mvestcJ may be
needcJ ior the pu rpose for which such fun d or accoun t wns created. ,\II interest o n any Perm itted T nvestmcnl
held Ul any fund or account (excep t am o unts rcqw.rcd to be J cposued m the 2tl19 Reb:ne Fnnci in accordance
witll the Arbrl,rn~c Certificate) shall accme to and become a p:trl oi such fnnd or account. In detcrnuning the am ount held in am· fund or accotmt under the provisions of the Resolution. Permirtecl Investments shall be
'alucJ at their pn ncipal par value or at their then redemption value, whichever ts lower.
Sectio n 506. N o n-presentme n t o f Bo nds . If any Bond i-. not p re'>cnted for paymenr when rhe
prtnapal tl1ereof beco m es due at Maturtty. tf funru suffiacnt to pav <;uch Bond have been made a,·ailable to
the Paymg \gent allliabiltt)' o f the County to me Owner thereof for the payment of such Bond shall forth\\i th
cea~e. uctenJWie 3 110 uc com plctdy w schaq,reJ, ant! thereupon It :.haU be Lllc duty o f the Paying _\gent to bold
:.u~h lunJ:., IMthout Ltt~bilit) for mterestlhercon. fur the bmefit of the Owner o i such Bond. \\-hO shall therc:~fter be re:.tncteJ exdus1vcl} tu :.;uch fuoili; fur any dairn ol whatever nature on hts part under this Resolution or
o n , or with re~pect to, said Bono. ] f any Bond L" not pr~mtecl fur paymc1!l wllhm SL' }ears follO\ving the date
when ::.uch Bunu become:. Jue at ~latunty. the Paymg \gent ~hall rcpa) to Lllc <..ountv the fu nds. withom
halJlluy for Ul tcrest Lllcrc"<>n, theretofore hdu b)• tt fur payment o f :.ud1 BcmJ, anJ such Bond shall, subject to
the defense of any applicab le statute o f lirrutation, thereafter uc an unse~-ureu oultgauon of the County, and the
()\.,,,wr rhrrcof shall lw cnrirlecl ro look only ro the l.ounty for pa} mcnt. :md then onl) lu the extent of the
amoun t -;o rrp:ud to ir hy rhe Paying t\genr. and rhe l.ounty shall no t he liable for ou1~ interest thereon w J shall
nul lx: regarded as a tru:, tee o f <\uch money.
ART1CLEVl DEFAULT AND REMEDIES
Scctjun 60L Re medies. The provisions o f the Rcsoluuon, incluJmg the covenants and agreement:; herem cuntawcJ. ~hall comHiru rc a contract between tht• Count} and the Owner:, oi the BonJs. Tf an F.vent o f Ddault occurs and shall b<· connnuing, the Owner or Owners o f not less than ICY"'o 1n principal amount o f the Bond" ar rhe nme Outstanding shaJJ have the right for the equal uendit aml protection of rul Owners of Bonds stmtl:trly ;;in•ated:
(a) b} mandamus or other :,utt, acuon or proceedingl> at law or in eqwry to enforce the rights of such Owner or Owners aga.mst the Counl)' and it!; officers. agents and employees, ami tu require and compel duties and obi.Jgauon~ rcywrcll by the provis1ons of the Resolution or by the Consciruuon aml laws of the State.
(b) by swt. acnon or orher prO<'CCti.Jog · u1 c:qwt; o.r at law to rcywre the Coumy. ItS
oiticers. agents anc.l ctnplovees to account as if th!'}" wf'rr the trustees of an cx.pre;s trust. auJ (c' bv m it, acnon or orher proce din in eqwty or at la\\< to en jom any acts or rhings
\\. hu .. h !lla) uc unLI\\rful or tn nolanon of rhe righ t!t of the Own of the Boock.
Section 602. Limitation on Rights o f Owners. I he covenants ami agreements of the Coumy con rained herein :mel 111 the Bonds shaJJ be for the equal benefit, protection, anJ llecun ryof the Owners of an} nr ~ II of the Bonds. :ill of wluch 13onds shall be of equalHmk and without preference or pnoriry of one HonJ rwer any other Bond in the appl.!cauou of the tunJ s hcrcm pledged to the payment o f the principal of ami the m tcrrH on the Bonds. or otheC\vtse. except as to mtc u l uncrc~t, dare of maruriry and riS?,h t of poor redempuon :1' provided in this Resoluuon. No one or murc 0\\ncr~ -;ecurcd hereby shall h:we anv ngbt tn any manner whate\·er by his or theu: acuon to afft:cl, disturb or prqudicc rhe !tf'Cun ty granted and provided for bcn:.in .. or ro enforce any nght hereunder. e.,ccpl m the manner herein prm·tded, and aU proceedmgs at law or 1n cywty .;hall be instituted, had and ma.Jnt:uucJ for the eyual benefit of all Ourstanding Bonds
Section 603. Remedies Cumulative. '\Jo rrmrd} conferred herein upon the Owners is mtcnded ro be exclusi•.:e of any u thcr rernelly. but e.1ch such remedy shall be cumulative and in add.tuon to every o ther rcmeJ } and may be exen ::tscJ wirhour c,'(hausring and without regard to any other remedy conferred herein. No w:uver of aU} default or bn .. -ach of d uty o r conrracr h}' tht• Owner of any Bond shaJJ extend lo or affect any ~ubscyucnt default or breach of dury or contract or shall tmpair any rights or remedt~ thereon. No delay or onus:-tou o f an} Owner to exercise any nghr or powrr accnting upon any defa ult :.haJJ tmp:ur any such right or power or shall b ·construed to hr a '-'·'<tivet o f any such default or acquiescence thcrem. Every subsr11nri•e right anJ c\·CC)' rc'IDed~· conferre-d upon the (hvners o f the Ronds by this Resoluuon may be enforced and exrrcise-d lrmn ume Lo llmc auJ as oftt·n a.; may be deemed e:~:p<·dient. If actlon or proceedings taken by any Owner on account of an) default o r lo en force any righr or exerrisr an) remedy has beeo disconcinu<.-d or abandoned for an~ reasun, or shall have been determined ad•: ersdy ro ~u C'h Owner, then, and m every such case, the Coun ty anJ the Owners o f tlw Bonds ~hall be restored to their former positions and ngln:, hereunder, respectively, and all nghrs. remedies, powen. nnd duties of the 0\\l'llCrs shall conunue as 1f no such sui t, action or other proceedings had been brought or taken.
ARTICLEVU DEFEASANCE
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Section 701. D efeasance. ~'hen rul}' or all of the Bonds or scheduled interest payments thereon have been paid and discharged, then the requirements contau1cd in this Resolution and the pledge o f the County's fa ith and cred it hereunder and all other rights granted hereby shall terminate with respect to the Bonds o r scheduled in terest payments th ereon so prud and disd•arged. J3onds or scheduled interest paym ents thereon
shnll be deemed to have been patd and Jischargeu wtllun the meamng o f UllS Resolution if there has been deposited '"ith the Paying Agent. o r a commerCial bank ur trus t company located in the S tate and having full trust powers, at or prior to the Stateu Maturit} ur Redemption Date uf srud Buuus o r tl1e uuerest paym ents
thereon, in trust fur auu u:revocably appropriated thereto, moneys and/or Defeasance O uhba-auons wluch, together with the interest tu ue earned on any such D efeasance Obligations, will ue sufiiacnt for Lhe pa) m ent
ui ll1c priuClpal uf saiu Bonus anu/or interest accrued to the Stated Maturity o r Rcucmption Date, or if ucCault in such paym en t has uccurretl on such date, d1cn to rhe da.-c o f the tender of such pa~mcn t:-; provic..k tl , bowe"c.r, that if a11y such Bum.ls arc tu be rctlccm ed prio r to their Stated tvL1turity. (I) the County has clectcc..ltu n:ueetu such Bo nds , and (2) either nonce of such redemption has been given. o r the County has p:iven irrevocable instructions, or sh;tll have provided for an escrow agent to give irrevocable instructions, to the Bond Registrar ro give such no tice of redemption ill compli:tnee with Section 303 of this Resolution. Any money and
Dcfeasanct' Oblig:~tions that at any tim e shall be deposited with the Pa;ing .:\ gent o r such commercial bank or trust company by or on behalf of the County, fo r the purpose o f paying and discharging any of the Bonds, shnll be and :ue here by :1ssigned, transferred and set over Lo the Payjng /\ gent or such b~nk o r trust company in trust for the respective Ow, er:; of the Bonds, and such money-s shall be and are hereby irrevocably appropriated to
the payment and discharge thereof. All money and O efeasance.Obligauons deposited with the Paying Agent or such bank or trust company shall be deemed to be depos11ed m accorc..lance wltb and subject to all of the provisions o f this K.esolution.
ARTICLE VIII TAX COVENANTS
Section 801. Gen e ral Covenan ts. (a) 1be Cou nty covenants and agrees thar (1) it will comply with all applicable provisions oJ the Code, incluchng Sccuom 103 and 141 through 150, necessary to maintain rhe exclu~ ion from gross .income fo r federalmcome tax purposes of the u1terest on the 2019 Bonds and (2) it wtlJ no l usc ur pc:rmil the usc o f any p roceeds of 2019 Bnnds o r any o ther fu nds o f the County. '.NiiJ nor rake or permit any o ther ac tion, or fail to take any ac tioo. 1f any such actwn ur [atlurc to take.: acuun would adversely affec t the exclusion from gross income of the interest on the 2019 Bonds. The Cou nty will in addicion, adopt such o ther resolutions and take such other actions as may be necessary tu comply wi th the Cooe anti \llith all o rher :1pplicablc future laws. regulations, published rulings and JUdicial decisions, io ord~ ro ensure that the in teres t on the 2019 Honc..ls will remain excluded from federal gross incom e, to the extent :;my such acrions can be r:1ken by the County.
(b) T he County covcuan ts anti agrees tht~ t ( I) it will usc the proceeds of the 20 t f) Bonds 11s soon as practicable and with all. n :asonaule Jispatch for the purposes fo r which rhe 20 t f) Bonds are i~sued , and (2) it will no t invest or directly or inili.re<: tly usc o r permit the usc o f any proceeds of the 2019 Bond-; o r any other
funds of the Couuty in any ma.nner, or rake o r omit to rake any action, that \vould 01use the 2019 Bonds robe ":1rbitrage bonds" wtthin the meaning o f Secrion 148(a) of cl1e Code.
(c) The.: Coun ty covenants and agrees that it will no r usc any portion of the proceeds o f the 2019 Bonds, including any investment incom e earned on such pwcecds. directly or indirectly, m a manner that would cau:;e any Bontl ro be a " priv ::t te acriviry bond" within the meaning of Section 14 1 of the Code.
(d) The 2019 Bonds :1re nor desig nated as a "qualified oblj~tion:" with in the m eaning o f Section 26S(b)(3) of the C.ode.
(c) The Co11nty expects to spend the 2019 Bond proceeds within less than ':JO days from the l ssue Date.
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Section 802. Rebate Coven ant. The \.ounry covenants and agrees that tt \l.ill pay or provide for the payment from time to rime all amounrs rt>quired ro he rehnted to the Urutcd States pursuant to Section 148(1) of the \.ode and rhc .\rhitr:tgt' \.cmficate. Thi<> covenant <;hall sun·tve payment in full or defeasance of the 2019 Romk The \rhmage Certificate may be amended or replaced if: m the opinion o f BondCounsel such amendment or r(j)lacemmt will not adversely affect the exclusion from gross mcome for federal w come tax
purpose of i nterc~ t on the 20 19 Bonds.
Section 803. Tax and SEC Com pliance Po licy and Procedure. 1l1e County hereby adopts a revt:;ed ra,_ ancl ~ecwicics Policy and Procedures set forth tn tJ1e Jowmeut pre:.eutt:d to the Board rhis dare. ~uch polic;: and procedures for compliance may be amcnc..leJ as rccommcnJcd by Bond Counsel.
Section 804. Su rvival o fCovcnanls. T he {;Ovcuauls contained in this •\rridc shall remain in full force <mc.l dTe{;L notwtlh~ t amLng the defeasance of the 2019 Bonds pnrsu:~ nt to \ rricle VII hereof or any other prov1sion or Lh1s Rc~olution until the final maturiry illite of aJI 20 19 Bonds Out~tanding.
ARTICLE IX CONTINUING DISCLOSURE REQUIREME N TS
Section 901. Con tinuing Disclosure. Uus cction consututes the wrlllen undertaking for the benefit of th~ holder-; of lhe Bonds rcqwred by Secuoo (b)(S)(i) of the SL:C Rule. The Co unty, ali au " obligated person" ,.,.;thin d1e meaning of d1e Sl.:..C Rule. undertakes to provtde the tnfurma llon and othcrwtse complf with the pro\'JSJons o f the <..ononwng Dtsclosure Cnderta!Jng.
Section 902. Authorization of Continuing Disclosure Un dertaking. That the Chairman and the Clerk arc hcrebj authunzed and Jirecred m execute the Conrtnuing Dtsdmure I lndertak.ing. dated as of the rs~uc Date (Lite "Cununwug Ot..,closurc Undcrtakmg.' by the Cuunrr. The form of the Connnuing D isclosure l. ndertaking. ~~ hereby approwd and said documen I:- hcrf'h} incorporated m rhis Resolution as though fully set forth herem. n,c Chainnan o r Vice Chatrman is hereby authonzcd to cxec\lfc the Continuing D isclosure t · ndcrtaking. \\1th an} changes, Insertions and omisstons :\S in the sole opinio n of the Chairman, upon Ul t:
:~dnce of counsel. ;~rc necessary and desirable, and the Clerk is hereby aulhorizcd and directed to atles l Lhe C:h:tinnan'~ '\tgnatur<', such exccunon :md attestation being conclusive as to Lhc approval, cocrecLncs~ and complctc:ncss o f said Contimun~ Disclosure CndertakinR
ARTICLE X ESCR OW TRUSTEE
Sec tion 1001. D esignation of E scrow T rus tee. Th:H the County hereby designates Security I3an!.. of Kan~a!> Cllj. K.'lnsali Ul), K.ausas, a ba.ul .. ., ha' wg fulltrusl pu\l.crS ;md bemg a member of the Federal Deposit T n•a1rance l.orporation al' tht• <'l'crow tnlStcc (th e '·E.,crow Trustee").
Secrio n 1002. Authorization o f Escrow Trust Agreement. That the Chat.rman and the Clcr!.. arc hucb\ authorizctl and chrecrcd to cxecure rhe Escrow Trust Agreemen t dared as of the hsue Dare (the "Escrow 1 rust .\grcernent'} by and bcrween the County and the Escrow Trustee. "ll1c fonn of the Escrow T rusr • \grccm(.•ot ts hereby approved and said document is hcrcb} mcorporatcd m uus Resolution as though fully set lortJt herem. The CltaJrtnau or Vice Cruurmau i:; hcrdJ~ authunzcd l<> exccure the Escrow TnlSt . \ grccment \vith any chan~cs. insertions and omissions as in the sole opinion of the Chairrrum. upon the adv1cc of cuun:.cL arc necessa ry and desirable, and rhc Clerk is hereby authorized and direcrC'd 10 arrest the Chairman's signature, such csccuuon and atres tanon being conclustve as to the approval corrccllless aud completeness of said Cscrow Tnts t \ greement.
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Sec tion 1003. Inves tment. That the J ·:~crow Tm-;tcc shall l-pend the funds on depo:.it in the & crow r und m the manner specified by the Lscrow 1 rust \ grcement and secure anr cash balance in said Escrow F·und as rcquircd by 1:1\\.
Sec tio n 1004. Sufficient F unds . I hat if for an) reason, at any umc. the funds on hand in the EscrO'-' h md "hall be t nsuffie~cn r ro m eet the paym ents required a~ the same shall becom e due and payable, rhc Counry shall fo rthwith dcp<>Stl m the Es<.TOW Fw1d :.uch adwtmnal funds a~ may be rcyuueJ tu fully meet the amount d ue and p:tyable
ARTICLE XT MISCELLANEO US PROVISION
Section 1101. Amendments. T he oghts anJ duuc~ uf the County and the Owners. and the tem1s and provis1o ns o f the UonJs o r of tlus Rcsoluuo u, may be arnc udcd ur moJ.ifted at any ume in any respect by rcsolllUOn of the Count} wi th the wrtttcu cum;cu l of the (hmer:; o f uut les:- than ll majortl) 111 prmdpal ammmt
of the 13onds then O utstamlmg, s uch comen t tu be e\'lc.leltceJ by a.n 111:.trumcn t u r Ulsttuments executed by :; uch Owuer:. and July ackno wledged o r p rovrcl in the manm·r o f a drrd to be rccordecl and such ins trument o r ut~ trumen t~ :-hall be £iled w1Lh the CoWlty Clerk, but no such mmlilicauon or aherallo n sha.ll:
(a) ntend tJu: matunty u f any paymc.:n t o f pn nopal o r tnten:s t due upon a.tl}' Bond;
(b) e ffect a reductio n in thr amount which the Count. i~ rr CJuirrd ro pa~ a-> principal o f o r inrrre<>r <>11 all} Houd.
(c) permu pre ference or poooty of an~ 13o 1d over am· o ther Bond: or
(d) reduce d1c pcrcen L<tbrc m pnuopal anlOUJ Jt of Bond~ relJUUeu lor the wotten cuuscu t to ail)
m o cli licauo n o r al tcrauo n o f the p rovisions of t.lru; Rcl-olu tJon .
. \n~ pru,·istoJJ of Lhe Bond:- or o f this Resolution may. howc,-cr, be amended or modj6cd by resolutio n duly auopteJ by tl1e BoanJ o f County Commts~mncrs o f the Coun ty :u any nme m any legal resp<-"<=L ,,.,Lh the
'" rittcn ~onscut of. the Owners of all of the Bonds at the tmc Outstanding.
Witho ut no llce tu o r the cousL'flt o f lUl)' 0 \vners. the Couuty mlty amend or supplement this Resolutio u for any one o r m o re of the fo llu wmg p urpose:;: (i) cuo 11g any formal defect.. omiss1011, mcom;llitcuc~ ur ambiguity therein o r in connecuon w1Lh auy o ther change thcrcm which ts no! matcn all: auvcrsc to the 1utcrcs ls olthc 0\\<l tcrs, (u) conCcrring upon the 0-;vn ers :my additio nal righ ts. rcm cclico;. powers or au thoriry that may be brrauted to or co nfe rred upo n the O wners: or (iii) confo rm mg tht· Rr~olu tinn ro rhe C.odc or furure applicable
fcJ eml la"' or rcgulat10ns co ncerning rax -exempr oblip11nn~.
]·.very amendment or modification o f tht• provis10ns o f the Bond-; or o f dus Resolution. to whtch the \\.Tittcn con~enr of rhc Owners is given, as abo ,·e pro\"lUed, shall be expressed in a resolution adop ted by the Board of C:ounry Com missioners of the County runencling o r .;upplcmenung the pro ... ;s1ons o f this Resolution and shall he deemed ro be a p:m of dus Resolution \ cerulied copr of eYe rv -;uch amendato ry o r supplemental rcsnlunon , tf any, and a ccrrified copy o f this Resolut1on :.hall al\l.'ays be kep t on fi le m the o ffice o f the Counry Clerk, and ;;hall he made a\·atlablc for inspection bv the O w ne r o f any l3ond or a proo;pective purchaser o r 0\m cr of any Bond au thorized by this Re5olution. and upon payment o f the reasonable cost of preparing the
samc, a c-r rt ificd copy o f any suc h amendato ry or .;upplcmcntal resolution o r o r t11is Resolution will be sent by the ( oun ry Cle rk to any such O wner o r prospec uve Owner.
\ ny :tnd all modificatio ns made in the manner heretnabo\'e p roYided shall no t become effective until
there has been filed with t11c County Clerk a cop~ o f the resoluuou o f the Co unt} bcrt:lnabove provtded for,
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dul} certi tied, a'> well as proof o f an} required consent to l>uch muilllica llun by the 0\¥11crs of the Bond-; rhen Outstanding. It shall not ue llCCC:.Sai) lo note on an} ol the Outstanding Bond" an~· reference to such amendment or modlficaoon.
1 he Count~ -;halll umJsh w the Paying AgL'Ilt a copy of an} amcndmcnr ro the Bonds or this Resolution whach affect~ the duucs or ulJhg.tUons o f the PaylJlg .\gent umJcr tht). Rc,.olution.
Sec tio n ll02. N o tices, Con sen ts and O ther fns trum eots by Owners . Any nonce.. consent, reguest. direcuon. approval or mhcr tnsrrumenr ro he signed and rxecurecl by the Owners may be in any nwn ber ol c:oncurrent \lvTlttn~ oi similar tenor and mar be signed or executed by such Owners Ul person or by agenl appointed m wriring. Proof of the execution of any such instrument or of the writing appotntmg any sucL agent :md o f the own(•rshtp of Bonds, if made in the follo,ving manner, shall be sutficrent for any of Ll1c purposes of this Re.,oluuo n. and shnll be conclusive in favor of the Count} anJ the J>aymg 1\genl with regard to any action taken, st1ffcrcd or omitted under any such instrument, namely:
(a) l l1c fact and date of the execution by any pen.on o l any suclt Ut:.lrutm:nl may he proved by a certificate of :uw oflicer in an} juris<hction who by law h1\ power to ruke acknowlcdgmenrs within such 1urisdJcuon that t.hc person sigruug such instrument ackuuwlcJ geJ before such officer rhe execution thereof: or b:- aflida\ 1l of any \lllli!CSS lO !-oUCh execution.
(lJ, 1nc fact of owncrshtp of Bond<;, the amount or amounts, numbers and other identification of Bomb, and the date o l ltuklmg the same shall be proved by the Bond Rcgts tcr.
In dcrcrmtning ,,,.herher the Ownel"!' of the requtsttc principal amount o f Bonds Outstandtng ha,·e "-ri' en any rcllucsr, demand, :mrhorizarion, dtrectlon, nooce. consent or wruver under this Resolution, Bond~ mmcd h\ rhc l.onnry <~hall ~ disregarded and d<.-emed not to be Outstanding w1der lhJs Re::suluuon, except th:u. rn dcterminmg whether the Owner.; shaU be pro C'Cted m relymg upon any such CCtjuest. demand, authorinnon. direction, notice, consent or waiver, ·mlv Bonds v.htch the o,mers kno'" w be so owned shall be w chsreg:mlcd r-.. otwiths ndmg the foregoing, Bonds so O\Vncd whJch have been plcdgul m good faith shall not be dtsregarded as aforesaid if the pledgee cstabtlshes to the sausfdct.iun of t.hc O wners the pledgee's nght :-o to act with respect ro such Bonds and t.hat Ll1e pledgee 1:; not Ute Count}.
Sectio n 1103. F urth er Authority. The officers and oftiLials of t.hc County, including the l.hairrnan, County U erk and T reasurer, arc hereby ;\uUlOtized and clireLtcJ LO execute all documents and take such actions as ther may deem ncccs~ary or advisable in order to OU'r) out auJ perfo rm the J>ll'lJoses of this Resolucion and Lo tuak..: numstenal altcral.J.ons, changes u.r acldilions u • li re foregmng agrcernenrs, sratemenrs, instrum ents and otltcr Jowmcnl~ ltcrem approvetl_ authorized ancl confirmed which they may approve, and the execution or taJ..mg of such actiun !>hall be conclusive evidence of such ncccssil) nr advisabiliry.
Sectio n 1104. Severability. I f any secnon or other parr of rhts Rcsnlunon, wherher large or small, •~
tor any reason held inval rtl_ the m~altdiry thereof shall nor affect rhe valtdilJ o f the other procisions of this Rc-;nlutton
Sectio n 1105. Governing Law. 11us Resolution shall be gm·cmed exclusively by and construed in dCctmhmce wnh the apphcable la\V-s of the State.
ec tion U06. Effective D a te. T lus Resolution shalJ take cllecl am.llJc 11 1 lull fo rce from and after its pa.,~age b~ tltc UoarJ u l Count) Comnusswncrs olthc Count).
\H
.\DUPTED b't lhc governing body June 13, :!OIY.
,\TfEST:
C}nllua t\. lk-ck. Cuunl) Clerk (Sr \ I.)
Robert E .. \rcher. <.. hrumtnn
\X'illinm I) Riphahn, \'ire C:hninmn
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Dalcd Dale: July 9, 2019
MATURITY EXHIBIT
SHAWNEE COUNTY, KANSAS $ 11,095,000
GENERAL OBUGATION REFUNDING BONDS SERIES 2019
Maturity: September 1
MATURITY DATE PRINCIPAL AMOUNT 2020 $ % 202 1 $ % 2022 $ 2023 $
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Shawnee I ~ounty "'', r '_. P.arKS+ ~ recreation June 3, 2019
TO:
FROM:
RE:
Board of Commissioners Shawnee County
John E. Knight, DiWr~~~ Parks+ RecreatioO~ fZ-Fry and Associates- Award Bid/Agreement Park Planning and Development Division
Purpose: Board of Commissioners consideration to award the bid and execute the attached agreement betv.reen Fry and Associates and Parks +Recreation for the Open Air Shelters Project. The selected vendor will provide the concrete foundations, shelters, and installation at three selected sites per Request for Proposal Q#036-l9. The project total ($64,415) is funded by Parks for All Foundation Funds ($16,535) and Parks+ Recreation Operating Funds ($47,880).
Justification: Parks + Recreation sent out a Request for Proposals for the project which was approved by the Board of Commissioners on Aprilll, 2019. The scope of the project included providing a shelter, concrete foundation and installation. The four (4) responses are shown below.
AB Creative Riley Construction Company Mohan Construction Fry and Associates
Shelter/Concrete $85,630.00 $85,754.00 $99,900.00 $64,415.00
Lead Time 10 weeks 10 weeks 8 weeks 10-12 weeks
Complete Install 1-2 weeka/park August 30th 4 weeks 14-16 wks ARO
Department staff reviewed the proposals and Fry and Associates met all requirements and is the most responsive lowest bidder and thus recommended for this project. Shelters will be installed in Skyline Park, Shunga Glen and Collins Park.
JEK/blt JB Attachment(s)
parks.snco.us
• 3137 SE 29th Street • To •eka, KS 66605 • (785) 251·6800
SHAWNEE COUNTY CONTRACT NO. C .:l~\ -2019
INDEPENDENT CONTRACTOR AGREEMENT FOR GOODS AND SERVICJ:o:S
THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE CoUNTY OF SHAWNEE, KANSAS (County) and FRY A"'{D AsSOCIATES, INC. (Contractor).
L GOODS AND SERVICES TO BE PROVIDED
Contractor agrees to provide the following goods and services to the County in accordance with the terms and specifications of Shavmee County RFP# 036~19 (Attached as "N' and incorporated herein by reference). All goods and services arc to be provided in accordance with the Contractor's response to Sha\Vllee County RFP#036-19 (Attached as "B" and incorporated herein by reference):
Provide three park shelters on concrete pads; includes complete installation in designated Sha\oVtlee County parklands as requested
This Agreement shall commence on June __ , 2019, and shall end on December 1, 2019, unless this Agreement is terminated sooner or extended in accordance with its terms.
2. PAYMENT
In consideration of the goods and services to be provided by Contractor, County agrees to pay Contractor as follows:
Goods and Services Details Compensation to be Provided
Construct three All goods and services to be provided in Equipment and concrete site pads, accordance with the tenns and Services paid upon provide and install specifications of Shawnee County RFP# submission of three shelters as 036-19 (Attached as "A" incorporated invoice(s). specified. herein by reference). A. $16,535.00
All goods and services are to be provided in accordance with the Contra,·tor 's
B. $23,940.00
re.~ponse to Shawnee County RFP#036-19 C. $23,940,00
(Attached as "B" and incorporated herein Total not to exceed: by reference). $64,415.00
A. l2'xl2' Shelter- Skyline Park B. 16'x24' Shelter- Shunga Glen c. 16'x24' Shelter- Collins Park
Unless othenvise provided herein, Contractor shall be responsible for all expenses incurred while performing under this Agreement. This includes equipment; delivery charges; supplies; telephone expenses; automobile and other travel expenses; meals and
I
entertainment; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to perform nnder this Agreement.
3. WARRANTY
Contractor warrants that the goods sold hereunder are new and free from substantive defects in workmanship and materials. This warranty is in addition to any provided by the manufacturer(s) of the goods sold hereunder.
4. TAXES
NO sales tax will be charged to County. County is exempt from sales tax and will provide an exemption certificate to Contractor. Any other taxes, tariffs and other governmental charges shall be paid by Contractor and are Contractor's responsibility.
5. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION
Contractor is an independent Contractor, not a County employee. Contractor's employees or contract persormel are not County employees. Contractor and County agree to the follo\Ving rights consistent with an independent Contractor relationship:
a. Contractor has the right to perform services for others during the term of this Agreement.
b. Contractor has the sole right to control and direct the means, manner and method by which the services required by this Agreement will be performed.
c. Contractor shall not be assigned a work location on County premises, and Contractor has the right to perform the services reg uired by this Agreement at any place, location or time.
d. Contractor will furnish all equipment and maLerials used to provide the services required by this Agreement.
e. Contractor has the right to hire assistants as subcontractors, or to use Contractor's employees to provide the services required by this Agreement.
f. Contractor or Contractor's employees or contract personnel shall perform the services required by this Agreement and Contractor agrees to the faithful performance and delivery of described services in accordance with the time frames contained herein; ColUlty shall not hire, supervise or pay any assistants to help Contractor.
g. Neither Contractor nor Contractor's employees or contract personnel shall receive any training from County in the skills necessary to perfonn the services required by this Agreement.
h. County shall not require Contractor or Contractor's employees or contact personnel to devote full time to performing the services required by this Agreement.
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Further, Contractor hereby certifies:
1. That Contractor is not an employee of County and thereby Contractor waives any and all claims to benefits othervvise provided to employees of the County, including, but not limited to: medical, dental, or other personal insurance, retirement benefits, unemployment benefits, and liability or worker's compensation insurance.
J. Contractor must provide Federal Tax or Social Security Number on required Form W-9.
k. That Contractor understands that he/she is solely responsible, individually for all taxes and social security payments applicable to money received for services herein provided. Contractor understands that an IRS Form 1099 -wiU be filed by the County for all payments received.
6. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall save, hold hannless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs, including reasonable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.
7. INSURANCE
The County shall not be required to pmchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the Contractor shall bear the risk of any loss or damage to any personal property to which Contractor holds title.
8. OWNERSHIP OF PRODUCTS/DOCUMENTS
Contractor hereby assigns to County all rights to all products, reports, documents, photographs, videos, data, and drawings produced by Contractor as a result of this Agreement.
9. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION.
ShaVfll.ee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Offtce, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, CoWlty may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to Contractor at least thirty (30) days prior to the end of its current fiscal year. The tennination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the Contractor.
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10. ANTI-DISCRIMINATION CLAUSE.
The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-100 I et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA} and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (h) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions jn every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a Contractor who employs fe-w"Cr than four employees or whose contract with the County totals $5,000 or less during this fiscal year.
1 1. ACCEPTANCE OF CONTRACT.
This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certiftcations have been given and this is signed by the Board of Collllty Commissioners of the County of Sha-wnee, Kansas.
12. ARBITRATION, DAMAGES, WARRANTIES.
Notwithstanding any language to the contrary, no interpretation shall be allowed to find the Collllty ha.o::; agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges~ and no provis-ions 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.
13. 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 Lhc Contractor agrees to be bound by the provisions thereof
14. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party by giving the other party written notice of the intent to terminate. The notice must specify a date upon which the termination will be effective, which date may not be less than 7 calendar days from the date of mailing the
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notice. Only services satisfactorily performed up to the date of receipt of notice shall be compensated by County and such compensation shall be pursuant to the terms of this Agreement. Notice shall be deemed received 3 days after mailing in the United States mail, using first class mail, postage prepaid.
15. AUTOMATED CLEARING HOUSE (ACH)
Sba\Vllee County prefers to pay its vendor invoices via electronic fUnds transfers through the automated clearing house (ACH) network. Shawnee County may require vendors to accept payments via ACH. To initiate payment of invoices, vendors shall execute the County's standard ACH Vendor Payment Authorization Agreement. Upon verification of the data provided, the Payment Authorization Agreement will authorize the County to deposit payment for services rendered or goods provided directly into vendor accoillltS with financial institutions. All payments shall be made in United States currency.
16. MISCELLANEOUS PROVISIONS
a. This Agreement shall be entered into in Shawnee County, Kansas, and shall be construed and interpreted according to the law of the State of Kansas.
b. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given 3 days after mailing in the United States mail, using first class mail, postage prepaid, to the recipient's address as stated in this Agreement.
c. Contractor shall comply with all federal, state and local laws requiring business permits, certificates and licenses required to carry out this Agreement.
d. Contractor may not assign any rights or obligations under this Agreement without County's prior written approval.
e. This Agreement, along with the Shawnee Coilllty RFP and any other document specifically referenced in pard.graphs t and/or 2 constitutes the entire agreement between the parties and may only be modif1ed or extended by a vnitten amendment signed by the parties hereto. If there is a conflict between the documents that make up this Agreement, the docwnents will control in the following order: (1) this Agreement, (2) the Shawnee County RFP, (3) any other docwnent specifically referenced in paragraphs 1 and/or 2.
f. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.
g. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than County and Contractor.
IN WITNESS WHEREOF, County and Contractor have executed this Agreement.
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ATIEST:
COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS
Robert E. Archer, Chair Dare: ________________________ __
Cymhia A Beck, Shawnee County Clerk
CONTRACTOR- Fl"J'l and A>sociates, Inc.
101 E 15" Ave North Kansas City, MO 64116
Address:
Date; '!I ) U I 20 I "')
• Approved as 10 Legality and Form: Date · ~ 1"' ASST. CO. COU
6
Shawnee 1 ~ounty ""-' ~ , f; P.arKs+ ~ recreation
REQUESTS FOR PRICE PROPOSALS
#036-19
OPEN AIR SHELTERS
QUOTATION NO.
DATE MAILED
CLOSING 2:00 PM
036'19
04-15-19
04-30-19
Shelter Dimensions: The steel shelter dimensions listed below, shall follow all other specifications listed here.
a. 12' X 12' b. 16" X 24'
The structure shall be designed to be a free standing, open-air pavilion. Conform with the local building code and carry seal and signed Kansas Professional Registered Engineering Stamp by Licensed Engineer. The metal shelter shall have a clear space, without a center colunm or open knee bracing. Optional column wraps are to be detennlned on an individual shelter basis.
Materials: a. Structural framing: structural steel tube minimum ASTM ASOO grade B or cold-formed
box sections minimum ASTM A570 grade 55, "f' beam, ta-pered columns, open channels or wood products shall not be accepted.
b. Compression ring: structural channel or welded plate minimum ASTM A36. c. Fasteners: ASTM A325 structural bolts, ASTM A307 anchor bolts, self-tapping screws,
and rivets. d. Metal roofmg: 24-gauge galvalume factory finished with Kynar 500-paint system. Ribs
shall be 1-3/16" high 12" on center. Panels shall be three feet wide and angles shall be factory cut. Ribs shall run with the pitch of the roof for proper drainage.
e. Metal roof trim shall match the color of the roof and shall be formed from 26 gauge painted galvaume steel as follows:
1. Panel End Caps shall be pre-bent to a "U" shape to fit over ridge and roof panels. The inside of the "U" shall match the roof color.
H. Ridge Caps shall be pre-formed metal strips with a single central bend to match the roof pitch. They shall be henuned on the sides.
111. Metal Cupola shall be supplied the same color as the roof panels. iv. "J" Channel shall be shaped like a"'}" with colored metal on the outside
wrapped around 20 gauge galvanized core material "f' channel shall be applied all along the eave to strengthen and straighten the eave. Both colored metal and galvanized core shall have 7/16" weep holes 6" on center.
v. Eave Splice Channels shall be provided to fit behind "J" channel butt joints to create strength at the joints and maintain a straight eve line.
vL ~'f' Channel Comer Trim shall be provided which fits over the main •T' channel to simplify final detailing of comer.
Fabrication: a. All base plates, stiffener plates, U-clips and end plates shall be factory welded into place
and bolt connection holes shall be factory cut b. Welded connections shall be made by certified welders. No field welding. c. Factory frame finish: red oxide rust inhibitive modifted alkyd primer on raw steel
prepared according to SSPC-SP2.
6
Hardware:
QUOTATION NO.
DATE MAILED
CLOSING 2:00PM
036-19
04-!5-19
04-30-19
All nuts, bolts, fasteners and hardware necessary to complete the job shall be included.
Paint/ Coating System: The paint on all columns, framing and roofing material shall be primed and finish coated 1n factory. Touch up paint shall be applied on site as needed by contractor due to minor blemish's from shipping and installation. Major damage to finish coat but no structure damage to frame work shall be either rejected or recoated by local professional painter to factory specifications at no expense to SCP &R. Warranty: Minimum period often (10) years.
Electrical: The site plans for Shelter #2 and #3 require conduit installed into slab for addition of power to shelter structure which wilt be provided by others. Shelter Contractor shall install Conduit (1" rigid) connecting shelter comer post to quazite box, minimum size 12" x 12" placed four (4) feet off side of concrete pad. Electrical will be field located during a pre-construction meeting.
Plans: a. Three (3) sets of plans and two (2) sets structural calculations shall accompany the
building. Structure plans and structural calculations shall have a Kansas Professional Registered Engineering Stamp. The building shall meet all City of Topeka, Kansas Building Codes.
b. The pre-engineered package shall be shipped as a pre-cut and pre-fabricated package that shall include the structural frame members, roof material, fasteners, trim and installation instructions.
Colors: Roofing material color: Green Frame color: Black
General Notes: Contractor shall a. Be responsible for all required permits and scheduling inspections to meet these
requirements. a. Provide all necessary labor, materials and supplies to complete project to shelter
manufacturer and bid specifications. b. Maintain safe and clean construction site at all times. c. Provide site security as needed and be responsible for stored material on site. d. Keep all non-essential equipment and trucks in parking areas where available. e. Schedule a pre-construction meeting with Shawnee County Parks + Recreation
representative after confinnation of contract. f. Provide color chart with bid package. g. Include a proposed schedule of anticipated delivery and installation dates through
completion of individual projects.
7
Didding Item
#1.12'xl2', Skyline
#2. 16•x24', Sbunga Glen
#3.16'x24',Coll.in>Park
QUOTATION NO.
DATE MAILED
CWSING2:00PM
Total Bid for all 3 Shelters including concrete work
TOTAL BID PRICE (printed)
Attachment B
036-19
04-16-19
04-30-19
T ota1 Bid Price
$ 16,535.00
$ 23,940.00
$ 23,940.00
$ 64,415.00
_Sixty Four Thousand Four Hundred and Fifteen Ool!ars.
Lead time for production of shelter and delivery 1 0-12 weeks
Completion of installation Date. 14-16 weeks ARO
Fry & Associates, Inc.
COMPANY 0< FIRM NAME
Please submit the original bid and a copy.
PLEASE SUBMlT TIDS AS THE FffiST PAGE OF YOUR BID
'
QUOTATION NO.
DATE MAILED
CLOSING 2:00PM
036-19
04-16-19
04-30-19
The County is exempt from the payment of Federal and excise taxes and from Kansas
sales tax.
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 determinati.onma.de 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 above determination, au 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 Commis!!lioners resetves the right to accept or reject any andlor all bids and to waive any irregularities or infonnaliiies therein.
Ifadditionol infonnation is required, please contact John Boyd@ 785-251-6814.
SHOWTERMS NeqQ_ __
S!G ~D~=>!:-';:-~4~==-------TITLE~n 0 Fry, Pre
PHONE NO. 816-221-4825
FAXNO. 816-221~-4~8:..:3~1-----------
EMAIL [email protected]
April29, 2019
Quotation: 036~19
Commercial Park and Playground Equipment Salea - Design • lnablilalion • Auditlll
Enclosed Is our proposal for 3 park shelters to be installed for Shawnee County parks and recreation.
Manufacturer: Classic Recreation Systems Installer I Contractor: Fry & Associates- Certified Manufacturer Installer, Qualified Contractor
(NPCA) Licensed 'B' Contractor (Johnson County, KS)
Scope:
Skyline Park • Provide and lnstall14' x 14' Concrete Pad (includes site preparation and engineered footings
for shelter) • Provide and insta1112' x 12' Classic Recreation Mesa Shelter
Shunga Glen Park • Provide and install 18' x 26' Concrete Pad (includes site preparation and engineered footings
for shelter) • Provide conduit from new external quazite box and conduit to shelter frame- install fish tape
for others to pull electrical through frame • Electrical provisions (1 outlet /1 light -location TBD) • Provide and install16' x 24' Classic Recreation Mesa Shelter
Collins Park • Provide and install 18' x 26' Concrete Pad (includes site preparation and engineered footings
for shelter) • Provide conduit from new external quazite box and oonduitto shelter frame -Install fish tape
for others to pull electrical through frame • Electrical provisions (1 outlet /11ight- location TBD) • Provide and install16' x 24' Classic Recreation Mesa Shelter
101 E 15th Ave North Kansas City, MO 84116 816-221-4825 [email protected] www.fryandassociates.com
General Information: • General Specs:
o Mesa Design (Hlp Roof)
o 4:12 Roof Pitch o 4 Columns o 7'6" Eave Height o 24 Ga. Trim Fascia
o Surface Mount o TGIC poly powder coat w. Zinc rich primer
o R-Panel Roof • Shelter NFC drawings and specs enclosed • Fry to handle all shipping, receiving, storage of materials
• Fry to secure permits and inspections as needed • Shawnee County to provide site drawings or other site drawings as needed for permitting
• Fry to provide engineering drawings and ca1cs as needed for shelter
Timeline: • Shelter Lead Time -10-12 weeks ARO • Instal Time - 2 weeks
Shelter warranty: • Structure- 10 Years • Roof -30 Years • PC Paint- 5 Years
Sincerely,
President
·,
MESA MODEL
12'X 12'
SPECIFICATIONS
Dimensions:
Roof Dimensions Column Dimensions center to center Minimum Clearance
12'..0"x 12'-0" 8' -9"x8' -9" 7'-6"
Roof Height@ Peak Hip Roof Square Feet Under Roof
±9'-9 W' 4:12 pitch ±144
Columns shall be 6"x 6" steel tube, minimum .120" wall thickness. All beams shall be structural steel tube sized according to. engineering. All bolts shall be A-307 or A-325 and hidden at all connections. Roofing shall be 24 gaugeR-Panel steel pre-cut and pre-finished with ribs running with the slope of the roof. All trim shall be 24 gauge pre-finished to match roofing. Fascia trim minimum size shall be 3W'x 3lh." square, 24 gauge Open or welded ''C" channels, "S" or "Z" pur !ins, "I" beams or angle iron shall not be allowed.
Provisions for (4) outlets and (1) light.
11875 E. Berry Dr. - Dewey, AZ. 86327 Phone: (928) 77:5-3307 Fax: (928) 772-0858
1 [email protected] www .class icrecreaiion.com
STANDARD SPECIFICATIONS wl TRUZINC RICH PRIMER & SUPER DURABLE POWDER COAT PAINT
GENERAL:
1. All struc:!ures shall be designed and fabricated to the IBC (Latest Edition) or current local building code with standard load designs of the greater value of 20# per S.F. minimum live load and 100 mph sustained wind load or site specific conditions and the applicable zone for seismic loads.
2. All members shall be designed according to the "American Institute of Steel Construction (AISC) specifications and the American Iron and Steel Institute (AISI) specifications for cold-termed members.
3. All fabrication welds shall be in strict accordance with the structural welding code of the Ametican Welding Sodety (AWS) specifications. All structural welds shall be in compliance with the requirements of "Pre-qualified• welded joints. All welding shall conform to ASTM A-233 series E-70XX electrodes - low hydrogen. Field welding shalf not be required.
4. Wl1en required, after award of bid, the shade structure manufacturer shall submit structural calculations, sealed by a registered engineer in the state in which the structure is to be erected for re\liew and approval by the approving agency.
5. Manufacturer qualifications: All manufacturers shall have a minimum of (20)twenty years experience in the fabrication of tubular steel shade structures. Shade structure and kiosk fabrication shall be the manufacturer's primary business. Manufacturer shall have fabricated similar structures to that which is specified. All non-soecifjed manufacturers shafl submit comolete shop drawinos indicating tvpe. size & gauge of material used. with dBtailed cQ@ecfions to the specirViOO agencv or de sian finn at /Bast 10 days prior to bid OQ8ninq tor review and written pre-eooroVQI. All bids submitted without prior approval will be rejected.
FOOTINGS & COLUMNS:
1. Footings shall be structurally engineered by the structure manufacturer to meet local codes and site conditions. (Sample footing drawings shall be made available to the contractor or owner from the manufacturer). When required for structure installation, anchor bolts shall be supplied by the owner I contractor. Columns shall be ASTM 500 grade B. Concrete footing rebar (if required) shall be ASTM A-615 grade 40 #4 bars & smaller, grade 60 #5 bars & larger. Concrete shall be 5 sack mix "Portland" cement. Maximum slump shall not exceed 4". Concrete compressive strength shall be a minimum
of 2500 psi @ 28 days.
FRAME MEMBERS AND COMPRESSION RING: 1. 90% of all steel shall be American (domestic) made. Mill certification shall be made
available upon request. .6!!. frame members shall be one piece structural steel tube with a minimum .120 (1/8') wall thickness, sized according to engineering. All frame members shall be bolted together with bolts~ concealed. All tubing for frame members shall be ASTM 500 grade B. Beam end plates shall be ASTM A36 fy-38,000 psi UNO. Bolts shall be A 307's, or 325's unless noted otherwise. ·r beams, Angle iron ~ •z• or ·s· purlins or beams, open or closed, shan not be allowed.
ROOFING: 1. All roofing shall be 24 gauge Zincalume I Galvatume coated steel panels ICBO #ER-
2767. "R-Panel" Panels shall be 36' wide with r~- high ribs@ 12". All roofing shall be pre-finished with Dura tech 5000 or equal, 30 year paint finish. All roof panels shall be pre-cut with ribs running with the slope of the roof. First tier roof fascia trim shall be 3 W square fascia trim 24 gauge Zincalume J Galvalume coated pre-finished matching the roof color. Screws & rivets shall match roof color.
POWDER COATING: 1. All frame members shall be media blasted to a white finish removing all rust scale, oil
and grease. Powder coaling for aU frame members shall be provisionally warranted for {5} five years with TRUZINC 752D-70138 primer with a Dry Film Thickness of (2.0- 6.0 mils) & hardness of2H-3H with a Salt Spray Resistance of60DO hours and Super Durable GloBS Polyester 9000 series finish paint (2.5-3.5 mils) with a hardness of H-H2 & has 1000 hour salt spray resistance. Total of primer& finish paint shall be 4.5-9.5 mils of paint. Finish shall be a smooth uniform surface with no pits, runs or sags. For additional information, please visit htto:/Jwww_ tcieowder.coml for a CClmplete list of specifications.
ERECTION: 1. Manufacturer shall supply complete layout and detail plans with installation instructions
for the structure. The structure shall be erected in a work-man-like manner with framing, roofing and trim installed according to the manufacturer's installation instructions. Care shall be taken to avoid damaging the strucb.Jre during Installation. Touch ~ powder coat paint with paint provided to prevent rusting. Components of the structure shall be covered and kept dry prior to erection.
WARRANTEE: 1. Manufacturer shall warranty the structure to be free from defects in material and WOrk·
man-shlp for a period of (10) ten years from date of acceptance by owner. Warranty does not include damage from theft, fire, vandalism or acts of God. Manufacturer shall repair or replace structure components of like kind at his option, to match existing material and workmanship. Steel roof finish shall be warranted for (30) thirty years under a separate roof manufacturer's warranty. Powder coat palnt shall be warranted for (5) five years after acceptance from owner against peeling, flaking and rusting. Warranty does not cover damage caused from shipping, erection of structure, lack of touchup and maintenance, overspray from lawn sprinklers or vandalism. Bolt threads are not powder coated and therefore are not covered under the powder coat warranty.
NOTE: Engineering specifications take precedence over drawings if differences occur.
r NOT FOR CONSTRUCTION
-- 12' SQUARE
/=~::\~- 24 GAR-PANEL STEEL ROOF
24GA FASCIA TRIM
/'-==:~~~1- PERIMETER BEMI
/-------++----+- COMPRESSION "-"" RING
'<o-------1--f----f-- MAIN BEAM
y~============::::::~~--r- 6"X6"COLUMN
1+- EXTENSION
L--------------------~ BEAM
PLAN VIEW 12'X12' MESA MODEL NTS
•
NOT FOR CONSTRUCTION
1---------- 12'SQUARE ------------1
24 GA R-PANEL STEEL ROOF
6''X6" COLUMN ---j
ELEVATION 12'X12' MESA MODEL NTS
NOT FOR CONSTRUCTION
I 12' SQUARE • d
--j 1-7~" f--1 ___ _____:_ __ ··-g· ------11 1'-7~" ~ ,-- -------------- --, I I I I I I I I I I I I I I I I I I I I I I I
ROOF LINE ----1
CTR OF FTG, A-BOLT &COLUMN~
I
I I I I CffiOFE~C I
CONDUIT IF RE QD L--------------------~
LAYOUT PLAN 12'X12' MESA MODEL NTS
ADJUST FTG DEPTH FOR LOCAL FROST CONDITIONS
EXPANSION MAT'L
FINISH GRADE SLAB
~I
NOTE: FOR ILLUSTRATION ONLY! FOOTING SIZE MAY CHANGE w/ STRUCTRAL ENGINEERING
6"X6" COLUMN
HANDHOLE w/ COVER
HEX NUT BY CONTRACTOR
WASHER & BASE PLATE
STUB ELEC CONDUIT PER LOCAL CODE SEE COL DTL PLAN FOR LOCATION IF REQ'D
i"X12" A-36 All THREAD A-BOLT wl (2) HEX NUTS
& 8" EMBED BY CONTRACTOR
!------ 2'.(]'' SQ ----_..j
(4) #4 REBAR EACH WAY TOP & BTM
NON· EXPANSIVE, UNDISTURBED OR 95% COMPACTED SUBGRADE
1-BOL T SURFACE MOUNT SPREAD FOOTING 12'X12' MESA MODEL
NTS
ADJUST FTG DEPTH FOR LOCAL FROST CONDITIONS
EXPANSION MAT'L
-
FINISH GRADE SLAB
"'
i"X12"A·36ALL THREAD A-BOLT wl (2) HEX NUTS & 8" MIN EMBED
BY CONTRACTOR
3"TYP
NOTE: FOR ILLUSTRATION ONLY! FOOTING SIZE MAY CHANGE w/ STRUCTRAL ENGINEERING
HANDHOLE w/ COVER
HEX NUT BY CONTRACTOR
WASHER & BASE PLATE
(4) #4 VERTICAL REBAR
1----- 1'-6"DIA -----1
NON-EXPANSIVE, UNDISTURBED OR 95% COMPACTED SUB GRADE
1-BOLT SURFACE MOUNT CAISSON FOOTING 12'X12' MESA MODEL
NTS
MESA MODEL
16'X 24'
SPECIFICATIONS
Dimensions:
Roof Dimensions Column Dimensions (center to center) Minimum Clearance Roof Height@ Peak Hip Roof Square Feet Under Roof
Columns shall be 7"x 7" steel tube, minimum .188 waH thickness.
16'-0"x 24'-0" I 2' -6'A''x 20' -6'A" 7'-6" ±10'-51>'' 4:12 pitch 384
All beams shall be structural steel tube sized according to engineering. AU bolts shall be A-325 or A-307 and hidden at all connections. Roofing shall be 24 gaugeR-Panel steel pre-cut and pre-finished with ribs running with the slope of the roof. Trim shall be 24 gauge pre-finished to match roofing. Fascia trim minimum size shall be 3\h''x 3W' square, 24 gauge. Open or welded "C" channel, 'T' beams, "S" or "Z" purlins or angle iron shall not be
allowed.
I 1875 E. Berry Dr. - Dewey. AZ86327 Phone: (928) TI5-3307 Fax.: (928) 772-0858
jn [email protected] www.cllll3sicrecreation.cam
STANDARD SPECIFICATIONS w/ ZINC RICH PRIMER & TG!C POWDER COAT PAINT
GENERAL:
1. All structures shall be designed and fabricated to the IBC (latest Edition) or current local building code with standard load designs of the greater value of 20# per S.F. minimum 11\le load and 100 mph sustained wind load or site specific conditions and the applicable zone for seismic loads.
2. All members shall be designed according to the a American Institute of Steel Construction (AISC) specifications and the American Iron and Steel Institute (AISI) specifications for cold-formed members.
3. All fabrication welds shall be in strict accordance with the structural welding code of the American Welding Society (AWS) specifications. All structural welds shall be in compliance with the requirements of "Pra-qualified" welded joints. All welding shall conform to ASTM A-233 series E-70XX electrodes- low hydrogen. Field welding shall not be required.
4. When required, after award of bid, the shade structure manufacturer shall submit structural calculations, sealed by a registered engineer in the state in which the structure Is to be erected far review and approval by the approving agency.
5. Manufacturer qualifications: All manufacturers shall have a minimum of (20) twenty years experience in the fabrication of tubular steel shade structures. Shade structure and kiosk fabrication shall be the manufacturer's primary business. Manufacturer shall have fabricated similar structures to that which is specified. All non-specified manufacturers sha./1 submit comoJete shop drawings Jndiqaling tvpe, sjze & qauae of material used, with detailed connectkms to the soecity!nq agency or design firm a/least tO davs prior to bid opening for review and written ore-aoorQva/. All bids submitted without prior apptQVa/ will be reiected,
FOOTINGS & COLUMNS:
1. Footings shall be structurally engineered by the structure manufacturer to meet local codes and site conditions. (Sample footing drawings shall be made available to the contractor or owner from the manufacturer). When required for structure installation, anchor bolls shall be supplied by the owner I contractor. Columns shall be ASTM 500 grade B. Concrete footing rebar (if required) shall be ASTM A·6i 5 grade 40 #4 bars & smatter, grade 60 #5 bars & larger. Concrete shall be 5 sack mix "Portland" cement. MalCimum slump shall not exceed 4". Concrete compressive strength shall be a minimum of 2500 psi@ 2a days.
F'RAME MEMBERS AND COMPRESSION RING:
1. Only American (domestic) made steel shall be used in the construction of this shelter. Mill certification shalt be made available upon request. All frame members shall be gng
piece hollow steel shape (HSS)tube with a minimum .120 (1/8") wall thickness, sized according to engineering. All frame members shall be bolted together with bolls totally concealed. Compression rings shall be fabricated from hollow steel shape tube or flat plate steel and shall have all connections concealed from view. All tubing for frame members shall be ASTM 500 grade B. Beam end plates shall be ASTM A36 fy=36,000 psi UNO. Bolts shall be A 325's unless noted otherwise in the structural engineering calculations. «(«beams, Angle iron, nc". ''Z" or "S~ pur/ins ar beams, open or closed, shall not be al(awed.
ROOFING:
1. All roofing shall be 24 gauge 2incalume I Galvalume coated steel panels, ICBO #ER4
2757. "Super-Span• (A-panel) panels shall be 36" wide with 1 W high ribs@ 7 2" o.c. All roofing shall be pre-finished with PVF2 (Polyvinylidene Fluoride) Kynar 500 on the top side. All roof panels shall be pre-cut with ribs running with the slope of the roof. Roof fascia trim shall be 3W'x31hn square, 24 gauge Zincalume f Galvalume coated pre· finished matching the roof color. Gutters and downspouts shall be 3Wx31h" 24 gauge. Screws & rivets shall match roof color. No exceptlons taken for roof type.
PAINT:
1. All frame members shall be media blasted to a white finish removing all rust, scale, oil and grease. Powder coating for all frame members shall be provisionally warranted for (5) five years with zinc rich primer (2.5-3 mils) and TGIC polyester (2.5-3 mils} minimum total 5-6 mils finish. Finish shall be a smooth uniform surface with no pits, runs or sags.
ERECTION:
1. Manufaclurer shall supply complete layout and detail plans with installation instructions for the structure. The structure shall be erected In a work·man·like manner with framing, roofing and trim installed according to the manufacturer's installation instructions. Care shall be taken to avoid damaging the structure during installation. Touch up powder coat paint with paint provided to prevent rusting. Components of the ;structure shall be covered and kepi dry prior to erection.
WARRANTEE:
1. Manufacturer shall warranty the structure to be free from defects in material and work· man-ship for a period of (10) ten years from date of acceptance by owner. Warranty does not Include damage from theft, fire, vandalism or acts of God. Manufacturer shall repair or replace structure components of like kind at his option, to match existing material and workmanship. Steel roof finish shall be warranted for (30) thirty years under a separate roof manufacturer's warranty. Powder coat paint shall be warranted for {5) five years afler acceptance ft'om owner against peeling, flaking and rusting. Warranty does not cover damage caused from shipping, erection of structure, lack of touch up and maintenance, overspray ft'om lawn sprinklers or vandalism. Bolt threads are not powder coated and therefore are not covered under the powder coat warranty.
NOTE: Engineering spedflcations take prscedence aver drawings If differences occur.
NOT FOR CONSTRUCTION ~---------------- 16' -----------------4
/ C.=lt--- 24 GAR-PANEL '~ STEEL ROOF
\--=~-- 24 GA FASCIA TRIM
Y':?-------------1-1---+- COMPRESSION RING
J---------------1-/---f--- RIDGE BEAM
~-+--- PERIMETER BEAM
".-----------+1---+- MAIN BEAM
y=============~0,-r-- 7"X7"COLUMN
'\-1--- EXTENSION --'--- c::::::._ ________________________________ __:::J BEAM
PLAN VIEW 16'X24' MESA MODEL NTS
T ~
L
•
NOT FOR CONSTRUCTION 24'
r 24 GA R-PANEL STEEL ROOF
--12 I/ ~ r
\. 24GA FASCIA TRIM
-- 7"X7" COLUMN
ELEVATION 16'X24' MESA MODEL NTS
::--
NOT FOR CONSTRUCTION 16'
24 GA R·PANEL STEEL ROOF
~
::.---r" --,...::::: 12 :::--::.--- -~ ~
-
\ 24GA FASCIA TRIM
~ 7"Xr COLUMN
END ELEVATION 16'X24' MESA MODEL NTS
•'
f.------- 16' -------1 - 1'·Bi" f------- 12'~" -----J 1'-si"
,- ---------~----- -,
t i ~ ~0~~, ;t i : ~«;- ~ : I ~C::J I
: 0() : : OQ;- _j I ~ «. ROOF UNE I
f ·* i -'L" I <? I ~ 'f ~ ~ I ~- I I ~'() I I _,0 I I ~ I I ~«;- I I _.f.J I I ~ I I 0() I I t1L- I I ().....,- I : ~ «. ~"6'L~~~-~~~~ \ : I ~() :
I ----------------~
CTR OF ELEC CONDUIT IF REO'D
LAYOUT PLAN 16'X24' MESA MODEL NTS
ADJUST FTG DEPTH FOR LOCAL FROST CONDITIONS
EXPANSION MAT'l
FINISH GRADE SLAB
cP
NOTE: FOR ILLUSTRATION ONLY! FOOTING SIZE MAY CHANGE w/ STRUCTRAL ENGINEERING
I _____ 7"X7" COLUMN
HAND HOLE w/ COVER
HEX NUT BY CONTRACTOR
WASHER & BASE PLATE
~ _L .. •• .. "
!------ 3'-o" sa
(3) #4 REBAR EACH WAY TOP & BTM
NON-EXPANSIVE, UNDISTURBED OR 95% COMPACTED SUBGRADE
SPREAD FOOTING SURFACE MOUNT 16'X24' MESA MODEL NTS
ADJUST FTG DEPTH FOR LOCAL FROST (;ONDITIONS
EXPANSION MAT'L
i"X12" A·36 ALL THREAD A-E;!OL T wl (2) HEX NUTS & 8'' MIN EMBED
BY CONTRACTOR
~
NOTE: FOR ILLUSTRATION ONLY! FOOTING SIZE MAY CHANGE w/ STRUCTRAL ENGINEERING
~ ELEC CONDUIT IF REQ'O
: Ill!==-=~"-__ ::~:~~~: <- ." BASE PLATE
3"TYP
7"X7" COLUMN
HANDHOLE w/ COVER
HEX NUT BY CONTRACTOR
WASHER & BASE PLATE
#3 HORZ REBAR T\ES 6"0C (3) IN TOP 5"
2500 PSI CONCRETE BY CONTRACTOR
J-4--- (6)#4 VERTICAL REBAR
\---- 1'·6" DIA ----J NON-EXPANSIVE, UNDISTURBED OR 95% COMPACTED SUBGRADE
SURFACE MOUNT CAISSON FOOTING 16'X24' MESA MODEL NTS
Fry & Associates, Inc. Basic Information
Our main office and warehouse is located at 101 E. 151h Avenue North Kansas City, MO 64116
Phone: (816) 221-4825 Toll Free: (800) 444-9787 Fax: (816) 221-4831
Email: [email protected] fun@fryinc. com
Website: www.fryandassociates.com
Kansas Territory Manager:
Steve Jones CPS I Inclusive Play Certified Specialist
Direct Phone: (816) 516-5595 Email: [email protected]
••
Fry & Associates, Inc.
OUR STORY
Incorporated in 1983, Fry & Associates has grown from a one-person family owned sales operation with company founder, Bill Fry, based out of his home, to a multi-faceted family owned company based out of a 6000-square foot building. Our building contains both office and warehousing space including a large fenced lot that holds various construction equipment and vehicles utilized in day-to-day operations.
WHO WEARE
Fry & Associates is a service-oriented company that assists organizations with their goals towards recreation and we seek to be the most sought after and respected park and recreation equipment provider.
Responsibility, fairness and integrity are the supportive blocks that make Fry & Associates, Inc. a dependable company. Our integrity is the foundation that brings stability to our long-term relationships with our customers, employees, and vendors. We refuse to compromise our core principles and our motives are always transparent.
We aggressively seek new paths towards improvement. Approaching each new opportunity with a unique perspective and an element of risk generates constant innovation.
With sales representation in Missouri, Iowa, Kansas, and Nebraska we can handle almost any aspect of a park and playground project that we are asked to provide.
OUR STANDARD SERVICES
Design
We will,' at your request, provide a qualified representative to evaluate the sites and work with you an a design that suits your needs. Design software can be brought to the premises to allow a 'live'
design session if desired.
At a minimum, the representative will have the following credentials:
• CPSI- Certified Playground Safety Inspector • Certified Playground Installer- NPCAI (International Playground Contractor's Association) • AutoCAD files for the customer's use and records (when possible) • 5 years of experience in playground design and layout. Fry & Associates utilizes in
house CAD systems and customize the required design to the site. At a minimum, the
following will be provided: • 2-0 Layout of the playground showing site limitations, safety zones, surfacing
layout, concrete requirements, and the equipment at a scale ·3-D rendering of the equipment (when available to us). It is not always
possible to obtain the CAD files we need from some of our newer
manufacturers. • PDF files of the above
• AutoCAD files for the customer's use and records (when possible) • ADAAG audit showing design compliance
Installation
Fry & Associates provides an in-house installation division that continually receives praise from our customers. All installers are employees of Fry & Associates and are the most qualified, professional playground installers in the industry.
• Over 20 years of Installations • Qualified Playground Contractor {NPCAI -International Playground Contractors
Association) • Certified Installers {NPCAI-International Playground Contractors Associatlon)
• CPSI Installers (NPSI) • Playworld Systems Certified Installers ·OSHA 10 Hr Training (minimum) • Post Installation Audits • Post Installation Triax Impact Testing on Surfacing- On site certification of Compliance to
ASTM F1292
We have complete control over our crew's schedule and can adjust our crews to meet the needs of our customers. In addition, having an in-house installation crew allows us to react to any safety concerns that may arise before it is too late- helping you manage your risk better.
An added feature of in-house installation is that we can offer superior warranties on work that we perform:
LIFETIME INSTALLATION WARRANTY warranties all installation work for the lifetime of the product and covers any product failure that is the direct result of improper or faulty installation by Fry & Associates, Inc.'s installation division. See attached Installation Warranty for further details.
5 YEAR WARRANTY on all Ecore I Playguard Tile Installations that includes materials AND
labor.
Inspection and Audit Services • CPSI playground audits ·Playground Impact Testing per ASTM F1292 • ADMG Evaluation
Since we have the required equipment and training to perform these tests in-house, we can offer these services in addition to any project. This is vitally important as it protects our clients from liability issues by demonstrating due diligence on their part.
This type of project is the core function of Fry & Associates. With over 6000 playgrounds installed throughout Missouri, Kansas, Iowa, and Nebraska, we are mare than capable of meeting any criteria required of us.
frv & Aasoclatea' Installation Deparbnent & Qualifications
Kevin Marshall: Primary Role:
Experience: Qualifications:
Brvan Rollins: Primary Role:
Experience: Qualifications:
Ronnie Foust: Primary Role:
Experience:
Qualifications:
Installation Division Manager Manages and oversees the Installation Division, and
install scheduling. 16 years Industry Experience CPSI , NPCAI RISC Certified, Licensed Contractor,
Trained Triax 2000 Operator, OSHA 30
Installation Division Field Manager Manages Maintenance Program & Assists as needed with Supervisions /Installations
7 years Industry Experience CPSI, NPCAI RISC Certified, OSHA 10
Installation Division Manager Organizes and assists a crew of 3-4 people in the field with playground and surfacing installations.
2 years Installation Crew Foreman 5 years former Installation crew member CPSI, NPCAI RISC Certified, OSHA 10
In addition, Fry & Associates employs numerous field installers based on logistical needs
and scope of the project.
SHAWNEE COYNH 0 I CONTRACT G ':2D 19 • 5 1 County Health Department
Public Health
Linda K. Ochs, Director 2600 SW East Circle Dr., Topeka, KS 66606
Ph. 785.251.5600 I fax 785.251.5696 www.shawneehealth.org
Pr~vcnt. Promo!~. Pmtcct.
Shawq"'e Couuty He.Utb Departmm~t
June 3, 2019
TO:
FROM:
RE:
Board of County Commissioners of the Cmmty of Sha\Vnee, Kansas
Linda K. Ochs, Director {1?/-iJ CONSENT AGENDA- Open Point of Dispensing- Washburn University, Petro Building
Action Requested: Approval of the Memorandum of Understanding (MOU) with Washburn University~ Petro Building as an open Point of Dispensing (POD) in Shawnee County with no costs to Shawnee County.
As part of the Sha\VIlee CoWity public health preparedness and response efforts, the Shawnee County Health Department is tasked with identifying points of dispensing within the county. These sites would be used to establish locations where the public could obtain vaccinations or prophylactic treatment to limit the spread of disease and illness.
The initial MOU with Washburn University, Petro Building as a POD was approved by the BCC on December 15, 2005. This is an update to the original MOU to ensure that contacts are updated in our database and to signify the SCHD name change in July 2016.
There are no costs to Shav.mee County associated with this contract.
LKO/lll Attachment C: Betty Greiner, Director of Administrative Services
Edith Gaines, SCHD Finance Officer Craig Barnes, Community Health Outreach and Planning Division Manager Ester Todd, EPCO Specialist
Healthy People- Healthy Environment- Healthy Shawnee County
0 Shawnee County Health Department Linda Ochs, Director
2600 SW East Circle Dr., Topeka, KS 66606 Ph. 785.251.5600 I Fax 785.251.5696
IM'{W.shawne1ltiattb.or.g
Memorandum of Understanding for Facility use during a Public Health Emergency
This Memorandum of Understanding (MOU) is entered into by and between the Shawnee County Health Department (SCHD) and Washburn University, Petro Building.
The purpose of the Memorandum of Agreement is to define the relationship between the Shawnee County Health Department (hereby referred to as "SCHD") and Washburn University, Petro Buitdlng (hereby referred to as the "Organlzation") during a Public Health Emergency.
For this purpose, a Public Health Emergency means an occurrence or condition whtdl results in an actual or imminent threat of harm to public health and safety due to bioterrorism or terrorism events, outbreaks or release of dangerously contagious or infectious disease, natural occurrences, ·tnfectious agents, chemical agents or other situations that possess substantial probability of death, long-term disabULty, or future harm in the affected popUlation.
The Organization acknowledges the tntent to serve as a local Point of Dispensing (POD) Site to be used by the SCHD emergency response to dispense supplies from the Strategic National Stockpile (SNS). The SNS is a cache of pharmaceuticals and other medi(:al supplies that would be delivered to the SCHD during a Public Health Emergency. An Open POD is a location where the SNS materials and medication will be dispensed to the public by SCHD staff and their designees. The Organization's facHity/buUding wUI not be used unless th~re is a large-scale Public Health Emergency/crisis and it is determined that there is a need to request a large quantity of medication or vaccines. Multiple facilities/buildings within the Organization may be used simultaneously throughout the event.
Washburn Untverslty. Petro Bu\lding agrees to the followlng;
1. Allow LISe of its facUlties, grounds and equipment: After it ls determined that the Strateglc National Stockpile will be activated and upon the request of the SCHD, the Organization will permit the use of its facilities, grounds and equipment to SCHD and its associates. to the extent of the Organization's ability, within 8 hours of the request and for the time period being requested I'Qr the purpose of mass dispensing medication/Vaccinations for disease prevention and control activities and other vital necesslti.es such as wound care supplies, IV fluids and antibiotks, water, clothing and blankets. Facility use may indude,:
• Tables, chairs, desks, cots, wheelchairs, dollies ,. Rest rooms. refrigerators, and water fountains • Parking areas as Cleslgnated by Washburn University
2. Designate three polnts-of-contact in case of an emergency:
o A Primary point-of-contact. This person shouW have the authority and abllity to open the facllity/buildlng(s) at any time. This person will work with POD personnel to move tl:lbles, chairs, etc. Thls person also will work with SCHD and Local law enforcement in making security plans.
a A SecondBiypoint-of-contact. This person should have the authority and abil\ty to open the facility/bullding(s) at any time in the event .the Primary contact is unavailable. This person wltl work with POD personnel to move tables, chairs, etc. Thls person also will work with SCHD and local taw enforcement in making security plans.
a A Tertia.ypolnt-of-contact. This person should have the authority and ability to open the fadlity,lbuitdlng(s) at any time, ln the event the Primary or Secondary contacts are unavailable. This person will work with POD personnel to move tables, chairs. etc. This person also wilt work with SCHD and local law enforcement in making security plans.
3. Allow facUlties to be visited by members of SCHD for the development and maintenance of an Open POD plan. Vlsits will be arranged with administrative point of contact only after receiving prior approval from the primary point-of-contact.
4. Allow the organization to be listed in the Response Plans for SCHD PubUc Health Emergency Preparedness, Kansas Department of Health and Environment, and Kansas Division of Emergency Management.
S. List primary and backup point-of-contacts and notify the SCHD of changes to the contact information.
Shawnee County Health Department agrees to the following:
1. Provide the Organization with a SCHD Point-of-Contact person to answer questions or concerns about these arrangements. SCHD will notify the Organization of changes in this information. SCHD wtll send out a request for any changes to contact information semiannually. SCHD will notify the Organization of _changes ln the \nfonnation.
2. After the event and in a timely manner, work with appropriate reimbursing FederaVState Agencies to assist in the replacement or reimbursement to the Organization for any food, supprtes, and utilities (induding telephone charges, faxes, copying machines, copy paper, etc.) used by the SCHD during an Open POD Emergency Response.
3. Assure that trained POD staff will tr'lage at the entrance of the facilities and, to the best ofthetr ability, prevent contagious people from enterlng.
4. Assure that any post-event clean-up is performed.
5. Assure that any information gathered during building/facility site inspection will kept ln a secure manner at the health department
6. Contact Organization ln a timely manner, once it has been determined the building/facilities will be used as an Open POD Site by the SCHD.
Term and Terminatlon
Page Z of 4
This Memorandum of Understanding shall be effective from the date it is signed through 10 years and wlll be reviewed for renewa\90 days prior to the expiration of this MOU. One or all of the parties may terminate this MOU at any time by giving 90 days written notice of intention to the other party. This MOU may be immediately terminated or modified upon mutual consent of both the SCHD and the Organization.
Modification and Amendment
This Memorandum of Understanding may be modifted and/or amended only upon written agreement of both parties.
LlabUity
1. Any and all claims, demands, expenses, liabilltles, and losses as a result of lnddents or damages to any facUlties, which may arise out of any acts Q[ failure to act by SCHD, lts employees, agents, volunteers or contractors in connection with the performances of Open POD services provided by SCHD wlll be directed to the Federal or State of Kansas emergency/disaster funds. The Parties agree SCHD assumes no responsibillty for any costs related to this agreement.
2. The Organization shall be Liable for any and all claims, demands, expenses, liabilities, and losses as a result of incidents or damage to the facilities which may arise out of any acts Q!: failures to <let by the Organization, its employees, agents: or contractors, in connection with the perform<! nee of the services provided by the Organization to this Memorandum of Understanding.
The parties to this Memorandum of Understanding hereb'y agree to any and alt provisions as stipulated above.
Organization Representatlve Shawnee County Health Department
Shawnee County Health Department Representative
Signature
Date
Page 3 of 4
Name of faciUty: Washburn University, Petro Building
Address of facility: 1700 SW College Ave., Petro Bldg., Topeka, 66621
Organization Point-of-Contact Information <tbts needs to be completed for each facLUty)
1. Primary Contact Name and Title: Emergency Manager Heather Dunlap Address: 1700 SW College Aye Morgan Hall #135 Work Number: 785-670-1779 · H,ome Number: 785-670-1153 Cell Number: 785-224-6174 Email: [email protected] Other: ______ _
2. Secondary Contact Name and Title: Chief of University PoHce Chris Enos Address: 1700 SW College Ave. Morgan Hall Work Number: 785-670-1155 Home Number: 785-670-1153 Cell Number: 785-207-1000 Email: [email protected] Other.-------
3. Tertiary Contact Name and Title: Dean of Nursing Address: 1700 SW College Petro Work Number: 785-670-1525 Home Number: Cell Number: Emait Other.
Page 4 of 4
--, -. : ' " -- '
- ......... . -.-, :
DATE: June 5, 2019
TO: Board of County Commissioners
p:: V' /.
Shawnee County Facilities Maintenance
200 SE 7" Street Topeka, KS 66603
(785) 251-4490
FROM: Bill Kroll, Facilities Maintenance Director
SUBJECT: Request for approval to utilize contingency funding to finance emergency repairs to the West Courthouse Chiller (A/C) in the amount of $6,501.82 for services and $3,699.00 for 540 pounds of R-134 refrigerant for a total Courthouse expenditure of $10,200.82 as well as emergency repairs for the Leibert (I.T. Dept) unit for cooling at the Elections Office server room in the amount of $4,567 .36. Total contingency request for both repairs totals$ 14,768.18.
On March 6 during routine maintenance checks, the Leibert unit supplying cooling to the server room at the Elections office was found working at .50% capacity. HVAC Technicians from SAM CO were contacted to locate the cause. Sam co found tt necessary to contact Leibert technical support who eventually diagnosed the unit with a bad winding in one of the condenser fan motors. Motor was replaced and unit has operated normally since.
Upon initial startup of the Courthouse A/C systems it was discovered that the West Chiller was low on refrigerant SAMCO was contacted to troubleshoot and eventually located two significant leaks from deteriorated "0-Rings" on fittings located under a heavy insulation blanket Replacement 0-rings were ordered from the manufacturer and the unit was pumped down under vacuum and thoroughly leak checked with Nitrogen gas before 540 pounds of R-134 refrigerant was pumped back into the chiller. Startup and operation has been normal following this emergency repair.
Respectfully,
Bill Kroll Facilities Maintenance Director
TO:
FROM:
DATE:
RE:
Shawnee County
Department of Corrections 501 S.E. 8th Street • Topeka, Kansas 66607
Brian W. Cole, Director
Adult Detention Facility • 501 SE 8th- Topeka, Kansas 66607 • (785) 251-5000- FAX (785) 251-4924 Youth Oetantioo Facility- 401 SE 8th. Topeka, Kansas 66607- (785) 251-6459- FAX (785) 251-4963
Corrections Anne~~:- 818 SE Adams- Topeka, Kansas 66607- (785) 251-5000- FAX (785) 251·4930
Board of County Commissioners
Brian W. Cole, Director P--
June 6, 2019
Request Approval to Reclassify Community Corrections Division Manager Positions to Classified Status
I am requesting your approval to change the two Division Manager position in the Community Corrections Division from unclassified to classified positions. This request is being made based on the realignment of the department's management structure and to ensure consistency among the managers within the department.
Pursuant to HR 2019-2 the Commission placed managerial control of the Community Corrections operation under the Sha"'nee County Department of Corrections. The effect of this was to alter the decision-making authority of the Division Manager position at Community Corrections from being the second tier of authority to the third tier, answering to a Deputy Director. The other Division Managers within the agency are considered classified employees, answering to their respective Deputy Directors. I seek with this action to maintain consistency across the structure of the agency.
I have consulted with Angela Lewis regarding this proposal. This action will have no financial impact on the agency. Accordingly, I request approval for this reclassification. I will be happy to answer any questions you may have.
BWC:tp
cc: Jim Crowl, County Coltllselor Angela Lewis, Director ofllurnan Resources Timothy Phelps, Deputy Director
Shawnee County
Department of Corrections 501 S.E. 8th Street - Topeka, Kansas 66607
Brian W. Cole, Director
Adult Detention Facility - 501 SE 8th -Topeka, Kansas 66607 - (785) 251-5000- FAX (786} 251-4924 Youth Detention FacHity • 401 SE 8th ·Topeka, Kansas 66607 • (785) 251-6459 • FAX (785) 251-4963
Corrections Annex - 818 SE Adams • Topska, Kansas 66607 - (785) 251-5000- FAX (785) 251-4930
Date: June 5, 2019
To: Board of County Commissioners
From:
Re:
Brian W. Cole, Director ~
Approval of a Memorandum of Understanding between Orion Education & Training and the Shawnee County Department of Corrections Adult Detention Center
I am requesting approval of the enclosed agreement between Orion Education and Training and the Shawnee County Department of Corrections to provide an Adult Diploma Completion Program to eligible inmates at the Adul1 Detention Center. This program would allow inmates to complete courses necessary to meet high school graduation requirements established by the Kansas State Department of Education for a high school diploma.
I have consulted with County Counselor James Crowl regarding this agreement and the contract has been approved by the County Counselor for legality and form. There is no cost to Shawnee County for this agreement.
Thank you for your consideration of this request, and I will be happy to answer any questions you may have.
BWC:am
cc: James Crowl, County Counselor Angela McHardie, Deputy Director Katrina Parker, Division Manager
MEMORANDUM OF UNDERSTANDING (MDU) Between
ORION EDUCATION & TRAINING and
SHAWNEE COUNTY DEPARTMENT OF CORRECTIONS
This document constitutes an agreement by and between the Shawnee County Department of Corrections responsible for the operatlon oft he Adult Detention Center, Correctlons Annex. and the juvenile Detention Center In Shawnee County, Kansas, and Orton Education • Training a service agency providing educational programs and services hi Kansas operating as Unified School District #628.
PURPOSE The purpose of this MOU Is to set forth the method of cooperation for Orion Education & Training to provide an Adult Diploma Completion Program to eligible inmates at the Adult Detention Center (AOC). This program would allow Inmates to complete courses necessary to meet hlgt'! school graduation requirements established by the Kansas State Department of Educatlon for a high school diploma Issued by sponsoring school dlstlicts contracted with the Topeka location of Orion Education & Tralnlng. The goal of the Adult Diploma Completion Program within the Shawnee County Department of Corrections ADC Is to provide • way for eligible adult students to earn a high ~dmol education In an effort to expand opportunities for employment and higher education.
ROLES AND RESPONSIBILITIES Shawnee County Department of Corrections agrees to perform the following roles and accept. the following responslbllltles:
1. Recruit and schedule Inmates for the Adult Diploma Completion Program; 2. Screen Inmates for enrollment eligibil1ty; 3, Provide a space for Orion Education & Training staff to conduct educational services; 4. Transport Inmates to and from tne Orion Education & Training space within the facility; s. Provide training and assure safety of Orion Education & Training staff.
Orion Education & Training agrees to perform the following roles •nd accept. the following responsibilities:
1. Provide Adult Diploma Completion services, including all required personnel, . equipment, and supplies. to student Inmates working In the Shawnee County Department of Corrections Adult Detention Center;
2. Provide approxlinately 30 hours of educational services per week to student Inmates at the Adult Detention Center consisting of four 1.5-hour sessions, five days per week;
3. Communicate program requirements and expectations to Shawnee County staff and Inmates;
4. 'Follow and enfori:e rules and regulations established by the Shawnee County Department of Corrections;
5. Initiate program evaluation factors and communicate program effectiveness.
GENERAL TERMS In consideration oft he mutual covenants, conditions, and promises contained herein, the parties hereto agree as follows:
1. DURA nON; The effective date of this MOU shall begin upon signing and will have an initial duration of one year. Thfs MOU will automatically renew for additional one year terms unless one party gives notice to the other by April 30 of the current year.
· 2. PAYMENT: Orion Education & Training will provide, at no cost to Shawnee County Department of Corrections, the Adult Diploma Completion program and all subsequent technology, staffing, and related requirements.
3, SECURI1Y: Orion Education & Training personnel will abide by all Shawnee County Department of Corrections rules, regulations, and policies,
4. PROP ERn': Materials, books, and equipment for use by Inmates will be provided by, and remain the property of, Orion Education & Training.
5. OPEN RECORDS: In recognition of the SNCO DOC's obligations under the Kansas Open Records Act (KORA), Orion Educotion & Training acknowledges that this MOU, along with any reports or records provided to SNCO DOCs designated representative are public documents, possibly subject to disclosure under the KORA.
6. REPRESENTATIONS AND WARRANTIES; Each of the parties to this MOU represents and warrants that each has the full right, power, and authority to perform its obligations under this MOU and that the terms and conditions of this MOU shall not violate, interfere with or Infringe upon the rjghts of any third parties pursuant to written agreement or otherwise. Each partner further represents that It has obtained all the necessary approvals and has complied with all laws~ ordinance~ codes, rules, and regulations relating to this MOU and Its performance hereunder.
7. ASSIGNMENT AND TERMINATION; This MOU Is not assignable by either party. Either party may terminate this MOU by notifying the other party by giving written notice no less than 30 days prior to the effective date of termination.
8. INDEPENDENT CONTRACTOR RELATIONSHIP; It Is agreed that the legal relationship between Orion Education & Training-and the Shawnee County Department of Corrections ls of a contractual nature. Both parties assent and believe that Orlan is acting as an Independent contractor in providing the services and performing the duties required by SNCO DOC hereunder. Orion Is at all times acting as an independent contractor and not as an officer, agent, or employee of Shawnee County. As an Independent contractor, Orion Education & Training and its employees, servants, and agents will not bE! within the prot&tion or coverage ofSNCO worker's compensation Insurance, nor shall Orion and Its employees be entided to any current· or future benefits provided to employees of Shawnee County.
9. CASH BASIS AND BUDGET LAWS; Orion Education & Training acknowledges that the right of the Shawnee County Department of Corrections to enter Into this MOU is subject to the provisions of the Cash Basis Low IK.S.A. 79·2935), and other laws of the State of Kansas. This MOU shall be construed and Interpreted so as to ensure that the Shawnee County Department of Corrections shall at all times stay In conformity with such laws, and as a condition of this MOU, the Shawnee County Department of Corrections re:>erves the right to unilaterally sever, modify, or terminate this MOUat any
time if, In the opinion of legal counsel, the MOU may be deemed to violate the terms of such laws.
10. FORCE MAJEURE: Neither the Shawnee County Department of Corrections nor Orion Education II Training staff shall be responsible for any delay or failure of performance resulting from fire, flood, other acts of God, vandalism, strike, labor dispute of a third party, 'domestic or International unrest, delay in receipt of supplies, energy shortage or failure, or any other cause beyond reasonable control.
11. PERSONNEL:- Orion Education & Training assures that It will meet the foliowlng standards fo~ personnel:
a. Qualified Personnel: Orion Education & Training represents that It has, or shall Secure at Its own expense, all personnel required to perform the services under this MOU. Such personne-l shall not be employees of or have any other contractual relationship with Shawnee County except as specifically required herei11, Should Shawnee County Dep.;~rtment of Corrections reasonably object to
·an Individual employed or engaged by Orion Education & Training to perform the services hereunder, Orion agrees to replace that person with an individual approved by.the Shawnee County Department of Corrections.
b. Conflict of Interest: Orion Education & Training shall establish safeguards to prohibit employees, servants, or agents from using their positions for a purpose that is, or gives the appearance of, being motivated by a desire for private gain for themselves or other, particularly those with whom they have famlly, business, or other ties.
12. EQUAL OPPORTUNilY AND AFFIRMATIVE ACTION: 'In carrying out this MOU, Orion Education & Training shall deny none of the benefits or servlce of the pwgram to any eligible participant pursuant to K.S.A 44-1001 et seq.
13, MODIFICATION: This MOU may not be modified except In writing signed by the parties hereto. To provide necessary flexlblllty for the most effective execution of this MOU, whenever both Orion Education & Training and the Shavvnee county Department of CorreCtions mutually agree, changes to this MOU may be effected by placing them in written form and_ incorporating them Into this MOU.
14. ENTIRE AGREEMENT: This MOU represents the entire agreement betwe~n the parties hereto and any provision not contained herein shall not be binding upon either party, nor have e~nyforce or effect.
15. NO INFERENCES REGARDING DRAFTER: The parties acknowledge and agree that the terms and provisions of t8is MOU have been negotiated and discussed between the parties and their attorneys, and that this MOU reflects their mutual understanding regarding tt1e same. Because of such negotiations and discussions, It would be appropriate to deem any party to be the drafter of this MOU, and therefore, no presumption for or against validity as to any interpretation hereto, based upon the Identify of the drafter shall be applicable in Interpreting or enforcing this MOU.
16. SUBCONTRACTING: None of the work or services covered by this MOU shall be subcontracted without the prior written approval of the Shawnee County Department of Corrections. All approved subcontracts must conform to appllcabie requirements set forth in this MOU and Its appendices, exhibits, and amendments, If any.
17. SERVICES STANDARDS; COMPLIANCE WITH LAWS:
a. -Servlce Standards and Procedures: Orion Education & Training shall perform the service set forth In this MOU ln compliance with applicable standards procedures specified herein which cover the spedfic purpose, goals, and objectives of this MOU
b. Governing Law: This MOU shall be interpreted under and governed by the laws · of the State of Kansas, without referents to ks conflicts of law principles.
c. Compliance with law: Orion Education & Training shall comply with all applicable local, state, and federal laws and regulations, in carrying out this MOU, regardless of whether those legal requirements are specifically referenced In the MDU.
18. NOTIFICATIONS: Notifications required pursuant to this MOU shall be made In wr~ing and mailed to the following addresses. Such notifications shall be deemed complete upon mailing. ·
Shawnee County:
Orion:
SIGNATURES
Shawnee County Department of Corrections 501 SE 8th Street Topeka,KS 66607
Orlan Education & Training PO Box 160 13939 Diagonal Road Clearwater, KS 67026-0160
By signing below, both parties acknowledge they have reviewf!d and approve· of the purpose, roles, responsibilities, and general terms listed in this MOU.
Orion Edutatlon Be Training.
~A Signature ~ Print Name
£xecu.f:,ve. G\~r litle
Date
Shawnee County Department or Corrections:
Signature
Print Name
Title
Date
ASST. CO. COUNSELOR
Rev. 10/2018
CONTRACTUAL PROVISIONS ATrACHMENT The undersigned pat(ies agm thai th~ following provi,iou are hcn::b~ IUQOrJICU'ILe\llnw tiLe o:ontract to l'>idch it Is ut~cbed 1111d llllldt~ part th~ri!Of, 11Lii~ oomrecc btlng dated 1111! __ day of -20_. -
I, TERM$ H!REU!! CQNT!19LLifiD l'RQYIIIIONS. II is ~press]~ 11.g11:e-cl lila! tile tmm of eaob 1111d ev~ provisioo in Ibis .t\llehment shall provt~il Mid eomrol onr lbe term~ of any othl!l' wnflieting provision in It!)' other doeurllcnl ~laling IQ 1111d 11 pan of the eontraet i11 which tbl$ ltta<:hniCil\ Is lnc_orpomled.
2. AQI!!W'IBHI' WtfH KANSAS LJ.w. If D: qJeed by and between th~ und~lligncd lhill aU disputes elld man\lll wbattoe¥or ar:lsifl& under, in COJmtttlon with or incldmtlo·t•is cootract sluill be liligated, if at all. in and beftR 1 Court loot\wd In tht Stflc of Kan~u, U.S.A., 10 the OKclusio• oftlu:: Courts of lillY olheJ $tale.$ or coumry. All CMtrattual agreements shall be~ubjccl ro, governed by, and construed accordin~ to the l1ws of11re St~le ofKansu.
3.
Administrator~ •• - ·'"""·''"""' O.ri~ ~'~~.,;,;.;, ~; ;;;,;;;;, l!pproprialcd to rontiruu: lbe in !his agreement am! ror the. payment or the d!11J8C~ hereunder, Counly may leWinn1t Ibis AgiW'I1~ '-llhe l!lld of its curr1111t flscel year. Ceunty ~~~ to p~e wrilten notice of tcJillin~tion to oontrftetor aJ ltasl tit iny {30) days prior to !he Clld of its current n~cal ~· Ju th~ I!Ytnt lh1s agrcemwt is tem~illlllcd pursuant to this Pfl!liSJapb, County will pay to DlC contrm:tar •ll resular contractual payments incurrlld ~hi'Oilgh the end of' such flscal )'('llf. 'llll: l.emliPBlion of the oonuiiCI punuant to !his p&rit&li!J11! ~hal\ not <:!Ill to any pcnlllty 10 be cbaticd to tile. County w the comrattor.
4, DI!CLMM!!fl OF LIABJMU, Neill\cl the Co~nty or Slmwn~c nor IDly dcpaJtmeat IIR:rcof~lmn hold llormll!$$ or Indemnify ony COI'Itraclor 1'01' any liability Mlatso~l)f.
S. ANit·DISCRIMUUTIOf:l CL,!.QSB. TtJe oontrat:tor agrees: (a) Ill comply with tbe Kansu Act Against DimlminBli~n (K.S.A. 44-1001 6 -""'/.) and the Kan$11S Ate DlscrimiMIIoo in I!mp]oymenl Act, (K.S.A. 44· 1111 e1 stq.) and the llppliGable provldons cf !he Am~tlcana With Disabillties Aet. (42 U.S.C. lJlOI e1 Sl'f{.) (ADA] a.nd hl not dlsc;rlminllle -galllst any person b~cau« of raoe., religion, color, ft'l, llisability, nltlonal origil or &!We$1ry. nr ngc in the lldmission of•ocm to or tfcatmc:Tlt or employme~~t io, Its p~s or actl¥i1ies; (b) k.l Include in alliolici!Ellions or ~~WitemePI$ for employees, the phtwc ycqual ~pt~nunily employe!''; (c) to «nnply wilh tho l'eiJOI'1ing requiremCJlls set out in K.S.A.. 44-IOJI and K.S.A. 44-1116; (d) to lnelud~ thOle pro~isioM in every ~u\ll;:omrut or piR'dlasc order so that they Me blnc!lng ~on s!lllll Juboolitr~lltofor vcotlor; (e) !hal a fllllure to comply whh Jh~ reponlrog requirements of(~) above or iftbe contractor II founcl guilty of 1111)' violalion of sud\ atlf by the Kansas Humilll_ Rights Commlss\on, suel! violation shallroru.titute 1 ~llh or convaet; {t} if the conlla(ldng ~~~~~ detemtiues that lhe contr""tor bas ¥!o\a!ed applkal!le provisions of ADA, thll! viol:lltton shall wnslilult a breaeh of wntrs.ct; (g) if (e) or (f) OOOU!h the comract may be c.-.celled, Wllllinllled or suspended In whole or in pllll by the County. Parties to this 00111mct undm\Rild thai subm:tionr (b) 1hfo~t~b (e) of this parq.mph nnmber 5 ~ n(l( appli911ble to s. ~onlractor who emplll)'l fewer !luln fu~r 0111plo)'eeJ or who~e cooln~ct with tbti Count~ IOta~ SS,OOO 01len dnrinll tlli$ fiselll year.
6. ACCJ!n'!lrK:I! 011 COI'!l'!.t.Cf. This oonii'8CI shell no! be con~io:krcd ·~ceptcd, npproved or olberwi.le illedi~e unt~ the req~.~ired approvals and eertifimions hne been given and this is li&lle-tl by the Bfll\rd. or County Commitsioml1 of tilt CountyofSbawnce. Kat~ia$.
1. 6RRl'IJIATION. DAMAGE!!, W,utRA.tmg, NotWitiiSiandlllg IIRY hlll&Jiili~ to the 00111uuy, no imCIJ!rctation shall be allowed to- find the: County hu agr«:d to bindillB arlritraticn, or tha pa)'ITIP.\ of damages- nr
_peoolties !!pOD the OC:CUIKOC:C or a OM1ih8CJIO)'. FU ... Ier, the Coa.nly shall not Bgl'ee to pay 1111omcy fees Wid Ills ~ charges; -1111d no provision! wiD bv slvcn effeo:t which 1\I!Cm]lt$ 10 ex"'11de. modify, discleim or otlluvrist Btternpt to limit imptlod wamm1lcs of mer~tantaltllity and AIIW!S fot a partieular purpD!c.
8. R£f!!:JSB/tTA'DYE'f AVfHowr To CONT&tjct By signing this document, the rcpresenlalire or tl\e contractor tiMreby «-pnwcnll that 'ucll persotl i$ duly aul!wized by the oolllte.clor to oxeoute this document on behalf of lbc cofllr..:tor lllltl t-ill Ute 001\trKior aw- to bo bi)UIId by tho provisions then:or.
9. R!§PON!IBILID' FQKTMjB$. The County sht.ll Pill be re&J!onsibie for. !lOr i!'u:ftlnm\fy l conlrACIOI: for, any rWe~aJ, Illite Dr lo011l \a.>:<:S wlllchrney be impostd or leri~ trponl!JC suhjcctmlllcr ortltis contl'let,
10. IJ1§YM!'ICE. The County shall not be ~U~Ui!W to purctuu~, any insurance agairnil !010s or dr!mage 10 MY -personal prapcny to whii;h this contrJ\)( rcllll!cs, nor sliall!his colllract requiiC !he County to nt11blish a "~~f-iruumnco:" fund ro prollltl apinst an~ suclt kiD or OamBge. Subject to the provisi011s ~f !.he Klimas Tort Claims Act (K.S.A.. 75-6101 er ~.), 1be ~~nclor or lmor shall bear !he risk or t~ny loss ·nr damq.e kl any p~n011lll prop~rtytowhiclt w:ruliiTOTlU!w holds title.,
11, A!!I(!71'!ATIID CLI!AHINQ Houu C.\CHI, Sh!IW!ICC Couuty pt'e/m to pay lis vendor im~ccs via elcc.troni& fundi transfers through tbc wtomBied clearin& hOUAi {ACHJ nci'ovork. Sh!IWIIC1: County may require vcndo~ to accept Pll)'mcnts vi& M:H. To initia!l) payment of ln'IOilltl. ¥eRdors sha\1 accute fbe Coutll)"5 st•ndard ACH Vendor Pl,)'lt1ell't Alllhormttion A.gm:mc:nt. Upon l'criticatioo of !lUI da!l provided, Chtl P11yn1ent Authoriution Aycemenl willllllhodze lh~ County to depO!rit payment lOr s~rviccs rc~dcrcd M goorb provlded d~tly into 'Vtnclor accounts wilh finBIIdal lmlitulioi\S. All pa)'IIICIIts sba11 be mll.de i~ Uoikd Stale.! Clll'rei'ICf.
BOARD OF COUNTY COMMISS'IONERS SHAWNEE COUNTY ,KANSAS
Rnbert E. Awhcr, Chair
ATTEST:
C}'nlhla A, lkcl,.Sluwmee Counly Clerk
Shawnee County ~I.
Information Technology Room 205, Courthouse
200 SE 7th Street
Topeka, Kansas 66603·3933
Memorandum
DATE: June 6, 2019
To: Board of County Commissioners .·,ifY From: Pat Oblander, Information Technology Director
RE: Expo Centre Telecommunications Fiber Connection.
The Information Technology department recently completed the installation of a new Firewall Appliance at the Department of Corrections building. This project was budgeted with $12,000 from the 2019 Capital Outlay fund. However, due to the extensive experience with firewall installations and maintenance that he has gained over his years of service as the Chief Network Engineer, Marc Price was able to complete the installation of the new firewall without having to significantly engage the services of our firewall and Secur~y Services vendor. This resulted in a savings of approximately $7,500 for the project.
The Information Technology department is seeking Commission approval to redirect the $7,500 savings from the firewall replacement project and put it towards the expected cost of $15,000 needed for the completion of a telecommunications fiber connection between the Kansas Expo Centre and the Shawnee County IP network. This connection was proposed by the Information Technology department last year as a Capital Outlay project for 2019 but, due to the large number of other requests for those funds, was not Included in the approved projects for the 2019 budget year. The remaining $7,500 that would need to be paired with the $7,500 firewall project savings in order to cover the anticipated $15,000 cost would be paid from the 2019 Information Technology Tech Refresh budget
Once the fiber connection is completed, it will provide a much more reliable data connection with greater network speed than the current copper based T1 circuit and will result in a cost savings of approximately $250 per month once the T1 circuit is cancelled.
CPO/mro
fax 785-2.9f-M07 phont! 785-233-8.200 exl 4030
~ /. Shawnee County
Office of the County Counselor
JAMES M. CROWL County Counselor
MEMORANDUM
TO:
FROM:
DATE:
Board of Sha'WD.ee County Commissioners (~
James M. Crowl, Shawnee County Counselor'
June 4, 2019
Shawnee County Courthouse 200 SE ih Street, Ste. 100
Topeka, Kansas 66603-3932 Office: (785) 251-4042
Fax: (785) 251-4902 Email: [email protected]
RE: Approval of Change Order #7 to Contract C434-2018 ¥lith Kelley Construction Co. Inc. for the East Topeka T .earning Center Renovation and Addition Project.
Please place this item on the Thursday, June 13,2019 Commission agenda.
Please find attached Change Order No. 7 relating to the East Topeka Learning Center Renovation Project, along with a memorandum from Zach Snethen of HTK Architects and supporting documentation of the requested action.
Vlh.ile the Change Order indicates, these proposed changes v.rill raise the contract costs in the amount of $14,336.10, there are sufficient fimds in the project construction budget for this mcrease.
If you have any question::; or concerns, please do not hesitate to contact me.
cc: Zach Snethen, HTK Architects Barbara Stapleton, Director of'tlorkforce and Education, GO Topeka Jefl"Gri!Tith, Kelley Constmction Co. Inc. JEDO Members
SHAWNEE COUNil. CONTRACT#. C.).~ -:2011
AlA Document G70f'- 2017 Change Order
PROJECT: (Name and address) EIL'3t Topeka Learning Center 2014 SE Washington Street Topeka, KS 66605
CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Contract For: General Construction Date: December 20, 7.018
Change Order Number: 007 Date: 5/27/19
OWNER: (Name und address) Board ofCmmty CoiiiDJissioners of Shavmee Kansas
ARCHITECT: (Name and address) Horst, Terrill & Karst Architects, Inc
CONTRACTOR: (Nam~ and address) K<:!ley Construction Co. Inc
200 SE 7th Street, B-11
Topeka, KS 66603
THE CONTRACT IS CHANGED AS FOLLOWS:
900 S. Kansas Ave., Suite 200 T opcka, KS 66612
2548 NW Button Rd. Topeka, KS 66618
(insert a detailed description of the change and. if applicable, attach or reforence specific exhibits. Also include agreed upon adjustmenly attr'ibutable to exer:uted Conslnlr:tirm Change Dir~dives.j
Proposal 07 -Kelley Constrnction: Change e~terior wall material to metal pancl:l in lieu ofEIFS ut addition_ ADD: $6,172.11
Proposal 09- Kelley Coo5tructiou: Chang~ ~'lterior can light fixture type P to sloped surfac~ fixture. ADD: $481.20
Proposal 10- Kelley Construction: Add drawers to base cabinets. ADD: $833.25
Proposal II - Kelley Constn1ction: Items from PR 12: Chimney cap, lightning protection at chimiJey, A<.kllight flXture at hall 003, modifY guard rail section at !rtllirs. ADD: 54,317.00
Pmposal\2- Kelley Constmction: Add sheathing to underside of east canopy. ADD: $1,352.14
Proposal 13 -Kelley COIJSlrllclion: Add power and data for smart boards in computer lab 110 and move outlcl:l in IT rooms. ADD: $2,593.74
Proposal 15- Kelley Construction: Delete patnting of brick chimney DEDUCt: {$1,908.90)
Proposal 16 -Kelley Construction: Signage modificafions. ADD: $2,21?.81
Proposall7 -Kelley Corutru~tion: Del etc oolor~d concn:l~ at patio DEDUCT: ($1,722.25)
The original Contract Sum Willi The net change by previomly authorized Change Orders The Contract Sum prior to this Change Order wa.~ The Contract Sum v.ill be increased by this Change Order in the amount of Th~ new Cuntracl Sum including this Change Order wlll be
The Contr!id Time v.ill be increased by Zero (0) days. The new date of Substantial Completion v.ill be
$ $ $ I I
l 767 36LOO 76 210.76
1 843 571.76 14336.10
1 857 907.86
NOTE: This Change Order does not include adjusnnents to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upou by both the Owner and Coutractor, in which case a Change Order is executed to supersede the Con:J!ruction Change Directive.
AlA Doe11ment G701""- 2017. Copyr1gh!C 1979, 1987. 2000. 2001 and 2017 by The American Institute of ArGhitects. All r1~hts re~eNed. WARNING: This AlA" Document Is protected by U.S. Co~yr1ght Law and International Trntlu. Un~uthori1ed f!lproductlon or distribution or 1111s AlA" Document, or 1 ~ny portion of It, may rnult In severe civil and criminal penalUes, and will be prosecuted to ttl& malllmum exWnt ponlbls undsrths law. This document was produced by AlA software at 11:28:29 ET on 05127/2019 under Order No_ 701~917555 which a~pns on 03f06!2020, and is not !Of ross Ia. Usar Notl!s: (JB9ADA5D)
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
Kelley Construction Board ofCoUilty Commissionerll of
SIGNATURE
PRINTED NAME AND TITLE PRINTED NAME AND TITLE
DATE~-~/UJ/d
DATE DATE
ELOR
A1A Oocou!Mnl G701"'" -2017. Co~~!@ 111711, 1987, 2000, 2001 aOO 2017 by The AmeOO!n lnstflutl!l of An::llite::ts. All Tights resetll«f. WARNING: Tills AlAe Document Is proter:tad by U.S. Copyr!ghl Law and lnlernll!ional TreatlH. Uru.utho/Uad r.prQdUetion Qrdl'!ltrlblltlon oftl11s AlA'" Dacum•mt, or 2 any pcrtlon of it, may lllOIUitln !I(!IN!re civil a!\d eriminal pan'l.ft!es, andwUI be prosecuted to tht! maximum txtent possible I.Wider the law. This doc..,.ntwas produced by AlA o.ollw~m~ai11:2B·29 ET on 051:271:2019 under Order No 70139f755!i which eJqlires oo 03JW2020, lll\d is not ror resekl. URr Notn: (3~DA50)
• ---ARCHITEC::TSPA.
May 24, 2019
Barbara Stapleton Greater Topeka Partnership 120 SE 6• Avenue Topeka, Kansas 66603
RE: East Topeka Learning Center Change Order #7
Dear Barbara
The enclosed change order represents costs itemized below. Dean Ferrell and myself have reviewed the proposed amounts and find them acceptable.
As reviewed and requested, Change Order 7 summary is as follows:
Proposal 07" Kelley Construction: Change exterior wall material to metal panels in lieu of EIFS at addition. ADD: $6,172.11
Proposal 09- Kelley Construction: Change exterior can light fixture type P to sloped surface fi:cture. ADD: $481.20
Proposal 10- Kelley Construction: Add drawers to base cabinets. ADD: $833.25
Proposalll- Kelley Construction: Items from PR 12: Chimney cap, lightning protection at chimney, Add light fixture at hall 003, modify guard rail section at stairs. ADD: $4,317.00
Proposal12- Kelley Construction: Add sheathing to underside of east canopy. ADD: $1,352.14
Proposall3- Kelley Construction: Add power and data for smart boards in computer lab II 0 and move outlets in IT rooms. ADD: $2,593.74
900 S. Kansas Ave. Suite 200 • ~o~ka, KS 66612 • P 785.266.5373 • htkarcllitects.ccm
ETLC- CO #7 Review 2019-0524
Proposal 15- Kelley Construction: Delete painting at brick chimney DEDUCT: ($1 ,908.901
Proposall6- Kelley Construction: Signage modifications. ADD: $2,217.81
Proposall7- Kelley Construction: Delete colored concrete at patio DEDUCT: ($1,722.251
Please let me know if you have any questions.
L Attachments: ETLC Change Order #7
CC: Jim Crowl- SNCO Counselor Dean Ferrell -Ferrell Construction Rich Connell- Washburn University Ed Wlss- Washburn University Chaz Havens- Washburn Tech Clark Coco -Washburn Tech
2 of 2
900 S. Kansas AV€, Su1t€ 200 ~ Top10ka, KS 66612 • P 785.266.5373 • htkarch:lecls.nel
lr 1 KELLEY f./ CONSTRUCTION
March 7, 2019
HTK Archilects:. PA CJOO S. K:;m.,<\3S A\·enue Suite 200 Topeka, KS 66612
Attn.: Zacb Snethcn
Ref.: East Topeka learning Centc:r Mctal Wall Pa~ls for Addition
DearZach:
Kelley Conslruction proposes to nlpla«: the ElFS on the walls of the addition with AT AS MPV panels in S!andard colors for !he lump sum ofS6,172.11 as showo below end on the attached qoote from the metal panel ~ubcontractor. This is based on Addenda 4, Altcrnalt: A-4 which W3:i accepted and called tOr EIFS on all walls.
Melal panels Les:s. EIFS-, 1300sf Subtotal Bonds and insunmcc Fe< Total
If you have any queslion:i., pteosc teet ffcc to contfl.cl us.
Sincerely,
WJJlONSTRIJCTION ("().,INC.
Jcft"Griff"tth President
cc.: 181(.()10
I I< S&.50 /sf
1% 5 v ..
$!6,870.00 ·11.0~0.00
$5,820.00 58.20
m.2l S6,112.ll
P.O. Be>: 7.&]256
Topeko. I<S 6661~ TEl (786) 23560«1
Fox (785) 235 S3C6 keley-con::trJ.Jct-or; .com
Jfyr~JJ~r ROOFING & SHEET METAL
Augu:-:1 24, 20 18
Champion BttiltlJ;:rs 1836 SW 65 1~ SHeet Topeka, Kansas (i66! 9
RE! East Topekal.carnin.g Ceni~I
Dear Greg.
rlca~c he advised of the following:
Cust Udow is for JB Tumcr and Sons Roofing to providt and install 16·ga galvaniled hat~;honncl horizontally, s.parocl ahoul 48" apart. PM· ide :md install 24-ga ::.lee! pawds, based on AT A:S MPV panels, Sl.a,td;:~rd ce>lori>. Providt: and install trims (do'I."S NOT include c<~ping cap or drip cdg~: at top). rnclmles :c~pprox. J ,300 sq. fL of panels 011 new hl1ilding urea on I)·.
Cost: :$16,870.00
Respectfnlt)·,
PO Box19525 (765) 233·9003 Topeka, KS 66619 (785) 23'1-3868
www.jbtumetandsons.com PhOne:
Fax:
I I '
t
lr ,KELLEY f./ CONSTRUCTION
March 20. 2019
liTK Archi tect~. PA 900 S. Kansas A \'Cnue Suite 200 l'Op~:ka. KS 666 11
i\un.: Zach Snethen
Rc(; F.Mt Topeka l earning Center Propo:-<~l l<equest for AS I~I 9, Lightl: ixtures P on Addtlion North Soffit
We r<'qucst a change in the lump !>um amount of 5481.20 for installing the 2 type r can light fixtures on tht! angled soffit on 1hc non h side of lhc addition as shown below as1d on the an:1chcd subcontr.Jct<.lr brwdown.
Electrical subcontractor Overheads ln:suranc~ :md Bonds Total
If you have rtn) que:stions, plc:a.sc feel tTtt to comaC'I u~.
W JJ/ON!ITRUCTION co., IN~.
Jefr Grillilh Pre:sident
allach
cc · Dt:'.an Ferrell
file I 823·0 I D
I I~ .
5% I ~o
S453.75 22.69 ·P6
$48120
P.O. Box 7502~
iof>E!~O. i<S 0667& ·e (785) 236 6040 ::C:t (785) 2.36 3X6 k~ll'ly·C:::f~lrllCh:;n cc•r.
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!r 1 KELLEY f./ CONSTRUCTION
March 22,2019
L-ITK ATchil«:ts, PA 900 S. KllllStiAvenue Suite200 Topekn, KS 66612
Ann.: 7..ach Snethen
Ref.: East Topeka Learning Center Proposal for Cabi.rtet Drawers
DearZach:
We proJK* to add fifteen ~wers to tht tabincts in rooms 113, 123, and 129 for the lump sum amount of $833.25. We didn"t inclltde locks to any drawers. A suppllor quote is attachr:d.
Millwork suppliers Overheads ln81ll"a11Ce and Bonds Tolal
If you have any questions, please feel free to I:Qnta.ct us.
Sin«rely.
aij\CONSTRUCTION CO, INC.
Jtlft' Griffith President
attach.
cc.: Dcilll Ferrell
r.Je: 1823-0ID
s . .
I Is. 10% 1%
$150J)O 75.00 R..ll
S833.2:5-
P.O. Box 750266 lopal:a, KS 6t.675
Tul (756) 23&6040
F<:u (78,5}235~
k¢:1o)i'..C~Cf\ CO.'l"'
March 21, 2019
TO: Jeff Griffith- Kelley Construction
PROJECT: East Topeka Learning
Kansas- Topeka
Highland Millshop 2116 S.E. Pennsylvania Avenue
Topeka, KS 66605 Phone: 785·232·9328
fal(! 785·232·3047
Thank you for the opportunity to provide a proposal for the East Topeka Learning project.
We propose to furnish the following:
Add 15 Drawers to cabinets in rooms 129. 2, 113 • 8, 123.5 Add $750.00
If drawers are required to be lockable:
Add 15 locks to drawers In rooms 129 • 2, 113- S, 123-5 Add$450.00
Total indudes delivery to the jobsite, but does not include installation or sales tax if required.
If you have any questions or need additional information, do not hesitate to contact us.
Thanks,
CJvw. ~ Chris lemming
Project Manager
lr 1 KELLEY f/ CONSTRUCTION
April5, 2019
HTK Architects. PA 900 S. Kansas Avenue Suite 200 Topcl<a. KS 60612
Attn.: Zuch Soe~Mn
Ref.: East To~ka Learning Center Propo$al for ltc:ms in PR•OI.lA
De<!t Zach:
We: ~ lQ rnake the requested cban£C:5 in PROl2A for the Jump sum amount of S4,317.00. A breakdown of our items Md supplim'subcllntroCTOr quotes nR allncbOO.
If )'OU have any questions.. please feel free to contact us.
Sincerely,
KELL£11' CONSTRUCTION CO., INC.
Jeff Griffith President
attach.
cc..: Dcnn fCJT("IJ
file: J$21-010
~~ ~
P.O. Box 7!1Y156
lopak¢. KS b!£7!::
Tel (785)23561)i(J F<;r.< (785) 236 3305 1o:ell e-••-corotrucfl :;<; .-cor,',
SECTt0NS
on Chimney
~ RK~t_ Llf#J_f!!l"ff Proter:tlan ·e~calsubco~
~Add Light F!xJ.fl!'l•tNotfh End at H11tl 003 Electrical subcontractor
• Add GuM/ R:aif at Elev•tor Purchase ralinO- (P8r PR-012A) !nst&n gui;.rd rail
Payroll Tax · Si:Etiii.WOrtunans com
-MATERIALS --Sales Tex
SUBCONTRACTORs SUBTOTAL aoilds anci lns.uranoe FEE on Self Performed . FEE an Subcootractor
I
1.00-ls t.oo·Js
1.ooi1s
1.00 Is
1.00 , .. (Oifls
2818% 872%
000%
1.00%: 10.00% 5.00%
S4MO.
$120.00
$o $0 $0 $0 $0
$45 $0 $0 $0 so so so: $0'
$0 $0
$120 $0 $0 $0 so
$165: $46: so'
$550
S26.00 . ' . -- - ·-··
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ssoo $25 sa $0 sil $0
$761 $3,275
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Kelley Construction Inc.
From: Sent: To: Subject Attachments:
HI Jeff-
Brian O'Neill <BONeill@jbturnerandsons.<om> Tuesday, April 2, 2019 3:4S PM 'Jeff Griffith' FW; East Topeka learning Centet' ETLC PI\_012-A.pdf
We hacl quoted $4,415.00forthe chimney cap, In ligh1 of the changes, here's what we came up with:
Provide and install sheetmetol cap for $1,053.00, not including wood blocking ora fift. This assumes that someone else would install the wood (espe«;ialtv $inte there Isn't any good direction as to what that is supposed to look like) and that we would have access to a lift next time It was on-site in otder to measure and Install.
Let me know If you have questions or need anything else.
Thanks, Brian
'''1'/t-.at c;:an yc.u do m pl<)ilD>'--! 'inrld pence? Go home and love your ramH~. -, - M.:_oth~r lerttSC
From: Kelley Construction Inc. <[email protected]> Sent~ Wednesday, March 20, 201911:20 AM To: Brlan O'Neill <[email protected]> SUbject: East Topeka l~.amingCenter
Brtan, here is a revised proposal request on the chlntney cap at me. All stleetmetal with no penetrations. How does
this change your pricing? Thanks,
Jeff Griffith President
~vC<>~r:o..~ ,~&coo 1SCtlS6 ;:s..ae: f.IW Bunon RINd Tt.~i~.U..~66G7lo 1$511~·60'0 tu;; ~(U1---UO.i ull: 1llS/12HlO~ -·J;eteyo;nJtru..'"1f~«om
tvtafci.J. 22~_:Wl9'
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AlT_N: Jeff GrJffith ..
'Rk; ElLC PlH2-
· [(,.ECTRICAL CONTRACTORS 223 SE 53rd SiJ·ect • Topeka, KS 661/09 ·
{78.?) ~92.8200. Fax (76oJ ae~'147;> .. · - ' '. ··- ' . . -
·Md o~._liJ1ht fix_t_ure}n e~n1_~_!or.OO~ with pv~rrlde!.Wittb... - -t:;£>~1~$~1.02;00 _
Please. _cap m.~- i_fy~I.J.h<I_VI!' a_ny -gue_gl_on~_. -
·rh_a.nk YC!i.l _
Steven D. JQne.~
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PLI;';o\S!O NOT~<TillS IS NOT Al-4 Of I'll'!\ TO CONTAA-CT, 5UT MiiRil.WA atl(lTATl6~ {j~ ciji\~~NT PRlCl!$ fOR YOUR Q(liN!:NlF.NCEAHO 1/WOf!MATlbN. ciR.DeR.'l-i!M-1:0 OH nilS CUOTATlOn o\R&: SHB"JECT TO YOlll'l ACC'SPfANCE Of-n-1£ "fl!f!MS AlfD CO-NDITl01'1S LOCA'I"SU AT SALE!I.OIJR·TERMS,C<)M, W»lCH W~ MAY Cf!ANG:E fiR OM TIME TO'TIMF. Wll'HO\IT P'RIOR N01~Ct:, W5 M/IKI< HO RI;PRE"Stt-ITATlON W1TH ~li.SPCCT TO COf,IJ>I,.IAitCEW1t~ JaR SPi!<:ifiCATIOM~,. .. .... --
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Kelley Construction Inc.
From: Sent: To: C<;
Subjert:
March 25, 2019 ETLC, Topeka, Ks.
industdesign@sb<global.net Mondoy, March 25, 2019 4:55PM 'kelley Construction Inc.' 'Martin Lopez· RE: East Topeka Leamir.g Center
Quot•: One - 3' Section Memnlnt!: Rail
One- 3' Sediort of Mezzanine Guard Rail. Will match the adjac:ent Stair Guard Rail to dose out the pp to the Ele-wator. Will be for "'Core Drill" Install. Including Primer. Approvaf Drawing, and Delivery, but rmt ln$1allation.
For the Sum of: $ 500.00 flax Exempt)
Sincerely,
JeHStaton KML Stetl, LLC (316}-681-3643
From: Kelley Construction Inc. <jgtiffith@kt:lley-oonstruction.com> Sent: Mond41y, Marth 25,2019 11:35 AM To: 'Martin lopez' <[email protected]:::. Cc: 'J~ff Staton' <[email protected]> Subject; East Topeka teaming CE<nte(
Per the attached pmposal request, please provide a quote for an approximate 3' -o .. {field measures will be taken) matching the handrail on the addieion :stairs. The ard"litect left a section off of the drawing!;. Please k!t me know lfyou have any questions. Thanks,
Jeff Griffith President
kl'ey~Ccl..lll<.
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lf',KELLEY fJ CONSTRUCTION
April 17,2019
HTK Archi~"ts, PA 90<) S. Kansas Aven11e S-uite 200 Topcb, KS 66612
Attn.: 7..ach Sncth\l:n
Rof:: East Topeka learning Cent~ Proposal fur Sh~:athing Under Soffit (2/AJ03)
Dear 7.ach:
We propose to add sheathing fOr an air barrier undc:r the metal soffit panels on the. ~uth soffit of the addition for lhe lwnp SllDl o($1,352.14 as shovm below and on Ute atl~ched q_uote.
Drywall subcontractor Bond ;md insurances Overhead and ft:C Total
lf)'OU ha~ any questions, plea:se feel free to tontact us.
Sinc~ly.
qiJrNSTRUCTION CO., INC.
Jeff Gnffith President
anw::b.
cc.: Dean Ferrell
fi lc; 1823..0 I D
I Is. 1% :5%
$1,275.00 12.7S ~
$1,352.14
P.O. So~ 7502&1
T~o. KS06675 T&J (785) .236 8l«<
Fox (186) 235 5306 k91&;·--:::crntruc11on.com
Keli@y Construction Inc.
From: Sent: To: Subject
Jeff,
Jay Cape <[email protected]> Tuesday, April16, 2019 8:11AM [email protected] addition of 1/2.~ DensGiass to ETLC
I received a call from our job site superintendent Don Sykes thi~ morning, stating lhat you were looking for price to Instaiil/2"' DensGiass sheathing at east Topeka Learning Center to the canopy section cross hatched area as seen on the A601 Reflected ceiling plan. The price for materials and in$1;all would be$ 1275
Jay Cape Sr. Estimator/Project Manager Empire Wall Systems, lr'!c. 986S E. SOtt> St. N. Bel Aire, KS 67226 jay@emplrewallsystems . .:om 316-680·2257
lr,KELLEY f./ CONSTRUCTION
Aprill8,2019
UTK Architects., PA 900 S. Kansas Avenue Suite 200 Topeka. KS 66612
Ann.: Zaeh Snethen
Ref.: F.au Topeka Learning Center Proposal for ASt..021A and ASI..022A IT Items
OearZMh:
We propose to perform the work in ASI-02lA and AS1·022A to add items for a 5111art board in compurer l3i;J J 10 and to move outlets in lhe IT rooms !"or the lump sum of$2,593.74 as sl!own below and on the attached quotes.
Electrical subcontr::u:1or -- 21A Drywall and palnring. Electrical subcontractor- 22A Bond and insuratl¢¢5. Overhead and fue T""'l
If you ha~ any ques1ions, plca.sc feel free to contact us..
Sincerely,
L)~ CONSTRUCTION CO., INC.
Jeff Griffith Pn::sidenl
uuaeh.
oc.: Dtan Ferrell
tile: t$21-010
I I• I Is I Is 1% S%
Sl,975.77 350.00 120.00 24.46
1.l.U! $2,593.74
P.O. Box 750256
Topeka. KS 66675
Tel (7aei) 23560«1
Fen (186) 236 ,SSJe
k.aley-coruln.x:!iO,.coln
ApJII12, 2019
1\Cf; BLECTJlJc ~· ~\.\_
ELECTRICAL CONTRACTORS 223 SE 5Jrd Street • Topel<a, KS 66609
(7B5) 862-8200 Fax (765) 862-1473
TO: Kelly Construction Co.
ATTN: JeH Griffith
RE: ETLC AS~021A
Add one outlet 120v, one A/V box and w!rif16 and one Data ro1.1gh Jn with cablina.
Total Cost: $1975,77
NOTE: This will requite the $1\e(!t rOck to cut out alld patched back which I do not have In mv quote.
Byothe(SII
Mease see attached price breakdown.
ThankYGu
Steven 0. Jones
Joo. 1\lo.
Building
Loca!Too
At~;:hllecls ----
StcvmD.Jones President
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Quotation Quote#: 221-15310-1
Project: ASI-021 AV Plates & AVWiring for Room 110 Quote Date: 411112019 Quote Valid: 120 Days
Terms: NeU30 Fr~lght: 007 Paid By Cytek
-. -.. .- ,- ' --
126 NW J•ckson $1, Topeka, KS 68603..3310 Malo Oftlct: 786·295-4200 Toll Fn~e 800·26&-0064 Fax 786-295-4290
Prepared for; Steve Jones Ace Eloetric Company 223 53rdst 'topeka KS -~~
.... . ...... • ..• · .. · .............. ·. ·.··• .. eMail; rob,[email protected]
Item Manuta<;turer Model Qty Unit Price Price
1
2
3
4
Covld ! Custom 2 Custom Plates perSpectnc:atlon, (t) HOMI & (1) USB Cu~tCim wat plate$ per:speciftealiom-, {1) HOM I & (1) USB
COVIC j P·USBA·Af-26ACT : 1 35' Ae1iv& USB Cab!&, A-Mal& to A-Female- Plen1.11n
Included In Packago
I Included In Package
'ACltve Use CSbte wllh eullt·in- R~&ater, A-Mate 10· A-Femaee, PlenUin. usB-StlecificaUons 11m11 connBCI:ions to a maximum run of only 15ft. This ean make placement of USB devic:eG. dWflcutl, ~~peeiBKy when longer runs am required. CO'IIid USB Extender Cabfe etnmaces the US6 !englh
_ . -~nslmlnl AUOWing _fo!_l:t_~_e_nd&d US8 oonnoc:tions.
C2G i 41192 i r lm::luded In Pa<:kag& 36ft HDMI High Speed C11ble M/M ~Planum conimerclal grade plenu_ffi_ Cables offer-true diQilat periOOnanc~ whDe meeling the 'hJgnest standard• In fua r0$1Stance. AvaiJabk! for HDMI, DVI and OVI+3.5mm audto signals, these eabkls can meet lhe demands of vtrtualy any oorrtJMrc::!al installaUon. By 51.1pportlng re-solu~on& of 1060p for d~pl.aya and up to 19~ X 1200 pixels for compUief&, 8nd wi1h lenglhs ranging from 6 to 50 f&et lh& kleal oonn~~ ~ludon for AN eqtJ!p~l used in clas~.n1a or <::onfellJf'JCC rooms.
Cytek i INT Installation, Tfltlling, .and Commissioning Prore~i tnsta11a11on 8nd TeSti.,O --··· Tr:avel incll.ld'ed
1 Tncludtd In Packt;e
Total: $528.00 •
OWtlet has rtqll'ftled oondtril and Yoitlng foJ an lkfdiliOnaalnartboard In Ccrnp~r Lab 110. Cylek Is to prO'Mft watom AN input plale and OOSIClm pla&e beNtld thl srnarlboard. R:IOOes HOM! and USB wi~ belwoen 18" AFF i'lput plate andOOAFF •martr:<~ard pll!lle.
"''''""'b~ Rob""""' C}Wk Usda Systama 126 N\NJackWI 51. Topet.;a, K5 66803@10
f'tlooe: (BOO) 255-0064 Olroct (785) 295-4237
Fax: 78&-295-4290 E·mait [email protected]
Bid Quote ~ ReY 1 Apfil11, 2019
Page1 of1
• ---ARCHIT£:CT9'""-
ARCHITECT'S SUPPLEMENTAL INSTRUCTIONS
Pro}eet: East Toodia Lwnjog
Re: Add AV lo room 11 o Conttactor: IY«eY Construction Attention: Jeff Gtiffilll I Mo«od Oouslvm•n
Project No.::J1~701!!4L!.O~J3~-----ASI No.:.Jl0;.(J21et·AL_ _____ _
Date: 4tll/l9
Pages:J.__~ -----
The WOO. shall be canied out n accoro'anca Yoi1h the followilg s~plenwllal insttuctions issued in accordance vMh the COOtratt Doctments Yll!hout ctwmge in Cootract Change. Gt Contract T1111e. Proceedhg with tOO \Yorio: in accordance with these instrut:l:icns indicates your acknowJedgement ttm there will be oo change in Conttact Sum at Contract lime.
O&s-..ripOOn: 1. Ref attaehed lnstnJclions. from tSA for added AV in to om 110.
Altaehments: LSA Engineers project record 5/21!18
Signature: Zach Snethen
L~ Engineer's Project Record ,_ ......... ~..._;;,~..,_._, ""*~'"'
Project:
Archite-ct:
Eut Topeka ~ng Cenler Renowtlon and ~on 2014 SE Washington SL T(lpl!ka. Kansas 666Q5.
liTKAiel*tda PA EIOOS KamssAva Topek.i'. KS EiGe12 Atln: Zach Snelhen
RE: Additional Smartbotfd. Room110
"Y AmdrewJ.H~
Lalimer, Sommet.s & A&soclates, P .A., Cogln•oN~ 3838 &N SU'nMC!rhtl, Suite A; Topel:&, Klnlalll66t4
Date; Mey21, 2018
5121118 Date_. ___ _
Phon&: (i'86) 233-3232 lb: (785) 233-0641 e-mail: •h!!M411tp!l!il.SQ!JI
Aprli!S, 2019
TO: Kelly Construction CO.
AnN: Jeff Griffith
ELECTRICAL CONTRACTORS 2l3 SE 53t·d Stl'eet • Topeka, KS 66609
(785) 862-B200 Fax (785) 862-1473
RE: ETLC ASL-22 Relocate the 4-plex outlets in each of 2 lT do.sets to just belllnd the IT racks as per dlr@Ction of ASJ-22.
cast: $120.00
Please see .attached price breakdoWn.
Thank You
Steven D. Jones
8-..:lldin~
Lccallor:
Esl i1~lllt> No. l!. $"':[::- t::_:: ~~ Sh,el No. Estimator ___.S~g;::r:-
Mctlllecl:; ----
Steven D.Joncs President
(7S!i) fl62-8200 t?3 SOUTHEAST Slrd
::V.niHy /)
FAX: {18SI £62-1473 TOPS:KA,I<S 6660~
aceJo_nsty~BCGl-~.llAl.-nct • I] _ l;'~!l1 iJ ExhH!Sio;,
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lr 1 KELLEY v CONSTRUCTION
May6,2019
HTK Architects., PA 900 S. Kansas Avenue Suitn200 T opcka, KS 666 I 2
Attn.: Zach Snethen
Ref.: F.asa:Topeka Learning Center Prop0$8) for Deleting Chimney Painting
Dear Zach:
As requested, we propose to delete the painting of the chimney for 1he lump sum cmdit of S 1,908.90 as shown below and on the attached quotes.
Painting subcontractor Bond and i~urances O\·erllcad and fee Total
If you ha't'e any que!rtions,. please feel free to contact us.
Sh~rtly.
Zj~ft CONSTRUCfiOI\l CO. INC.
JcffGriffich President
attach.
cc.: 0eM FcrTCII
file: 1823:-0 ID
e . .
1 Is. 1% 5%
$1,800.00 IUO 20.90
Sl,900.90
P.O. So~ 7fi'fl56
Tope~o.I<S-66675
T e! (i'a&) 235 60«)
Fo~ (186)23633015 lotellev-corutrucnon .cern
Ali PA/NfiNI.J '> H.,. t.U! 2106 SW Llandovery ln., Topeka,KS 66614 Phone: 785~383·1155 Fax: 785·2.72·9352
Change Ord<or
TO: Kelley Construction
FROM: Casey Smith, AS Painting & More LlC
DATE I TJME: 5-1-19
PROJECT NAME: East Topeka Learning center
Location: Topeka, KS
CO NUMBER: 01
CO Items:
• Deduct painting of the chimney due to maintenance concerns
Price: Deduct $1,800.00.
This price Includes labor, product, materials, ins~~rance, and equipment
lr 1 KELI.EY r-; CONSTRUCTION
Mny 17.2019
HTK Architects, PA 900 s. KMsas Aveou~ Suitc-200 Topeka, KS 66612
Attn.: Zach Snethen
Ref.: Eas!l"opc::ka Leamin.g Center Proposal for Sign:q.e Cbanges
Dear Zach:
Kelley requests a change far tlu: lwnp sum amount of$2,217.81 for changes to the signage lS shown btlow and on the a.ttacbed quo1es.
Chimney si~nag.e change Inr.criar sig.nage revisions Bond and insur.mces Overhead and fee Total
If you ha"'! any quesHom. p!e~ feel free to contact us.
Sincerely, /)i CONSTRUCTION CO, INC.
'-;;;iriffiUl ~idcnt
:mach.
file: 1823-0 10
e . .
J ~. J Is. 1% S%
$867.00 1,224.00
20.91 105,90
S2.2 I 7.81
P.O. Box 150256
Tcpei<o, KS 60675
Tl'!l (785,)2356040
fO.,: (785) 2!6 ~ k"'(~·~n.;Cf!OCJ,(;(lffi
Kelley Construction Inc.
From: Sent To: Cc: Subjt<t
Jeff, Zach,
all!>[email protected] Friday, May 17,20191:49 PM [email protected]; [email protected] [email protected] Re: Tech Chimney sign
The changes to the chimney sign and the revisions to the interior signs will resun in an add of $867.00 +applicable tax.
Let me know when this is approved.
Kent Brennan ALLSIGNS, LLC 785-232-5512
www.allsiqnsks.com
-Original Message--From: Keltey Construction Inc, <jgrtffith@kelley-<:Onsltuc:tion.oom> To: allsignsks <[email protected]:.o; zjs <[email protected];. Cc:: dean <dean@ie«E!IIconstr.com> Sent: Wed, May 15, 2019 2:06pm Subject RE: Tech Chimney !:~ign
pf.
We're behind. Wt!!lre working concrete In that area, but aren't getting a lot of help from our concrete sub. Still hopeful to have the oonaete done in about a week.
Jeff
From: [email protected] <[email protected]> Sent Wed,.,sday, May 15, 2019 2:05PM To: [email protected] Cc: [email protected]; [email protected] Subject: Re: Tech Chimney sign
Jeff, I was waiting to hear back from you on the concrete base. Last week I was under the assumption that you were behind due to all !he rain.
Kent Brennan ALLSIGNS, LLC 785-232-5512
www.allsignsks.com
t
Kelley Construction Inc.
From: allsignsks@aotcom Sont: To:
Wednesday, May 1, 2019 11:11 AM Zao:h Snethen
Subject: Re; Chimney Sign
Zach, I also need to let you know that the revised interior sign design with the 112" clear acrylic backs and the additional signs will result in a $1,224.00 add.
Thanks,
Kent Brennan ALLSIGNS, LLC 785-232-5512
www.allsignsks.com
-Original Messag~ From: Zach Snethen <[email protected]> To: [email protected] <[email protected]> Sent: Tue. Apr 30, 2019 3:03pm Subject RE: Chfmney Sign
We will get you a graphic here quickly .. , .
Zac::h Snethen AlA, LEEOAP
. ' :1. :)
From: [email protected] <[email protected]> Sent: Tues<lay, April 3D, 2019 12:06 PM To: Zaeh Snethen <[email protected]> Subject Re: Chimney Sign
Has not been fabricated yet. Can you send me something to indicate what you are thinking?
Kent Brennan ALLSIGNS, LLC 785-232-5512
www.allsignsks.com
--original Message-FrQf1'1: Zach Snethen <[email protected]>
1
lr,KEIJ.EY v CONSTRUCTION
M~:~y 19.2019
HTK Architects, PA 900 S. Kansas Avenue Suitc200 Topeka. KS 66612
Attn.: Zach Snethen
Ref.: East Topeka Learning Center Prt~posal to Delete Colon:d Concrc(c on East Patio
KeJI.ey olfm a credit in the lump sum amount ofS1.722.2:S to delete the colored con<:rete on lbe east patio as Mown below and on lhc aua.cbcd quotes.
CQncrete subc<tntraetor Bo!Hi and in:S:11JiUlCtS Overh* and fee Tow
I Is, 1% 5%
$!,624.00 16.24
= SI,722.2S
In addition, if the OWner desin:s to delete the sandblasting of the entry concrete, dcdll(t an additional $3,600.00
1ryou have any questions, pl~ feel ftce to contaa U$.
Sincerely,
~CONSTRUCTION CO.,JNC.
';;t!!~dl PresHlent
auacll.
cc.: Dean Ferrell
file: 1823-010
P.O. Box7~Sb iopoko. K$60675
le-i (785) 236 6040
Fm {786) -~ ke:ley-cor¢.Vcllcn.com
3160 S.E. 21st St. • Topeka, Kansas 66607 • (785) 232-8636 • Fax (785) 232-3473
Ma)' 8, 2019
Kelly Construction 2548 NIV Bullun Rd Top<ka. Ks
RE: f:ust Topeka Learning Center Renovation & Addition 2014 SE W"'hington Street T opcka, Kansas Estimat~ Nutnber: 0218..05
Change Order Request
Deduct Color ConL-Tttc at Patio Area
I. Change 19 yards of color concrete to standard grey concrete. 2. Delete 2 cw.;h 24"x 24'' casL in place color samples.
l"otal Deduct Amount: $1,624.00
SHAWNEE COUNt~ _,-CONTRACT # C.::p, 5- 20l1 ...J- (,
NAMING, ADVERTISING AND SPONSORSHIP AGREEMENT
TillS NAMING, ADVERTISING AND SPONSORSHIP AGREEMENT ("Agreement"), dated as of June 13,2019, is entered into by and between Global Spectrum, L.P., d/b/a Spectra Venue Management, a limited partnership organized under the laws
WITNESSETH:
WHEREAS, Owner owns a multi-purpose center in Topeka, Kansas that is currently known as the "Kansas Expocentre" (the "Facility") for the purpose of holding various public events and other attractions which may be scheduled therein; and
WHEREAS, Owner has the right to designate the name of the Facility and to license such right to others (the "Naming Rights") and to sell and grant certain other Sponsorship, promotional, advertising and similar rights and benefits associated with the Facility (the "Facility Advertising Rights"); and
WHEREAS, Owner has authorized Operator to enter into agreements with respect to the Naming Rights and Facility Advertising Rights on Owner's behalf.
NOW, THEREFORE, based upon the terms, conditions, covenants and considerations hereinafter set forth, the parties hereby mutually agree as follows:
l. LICENSE OF NAME. Owner hereby grants to Sponsor exclusively the Naming Rights during the Term (as defined hereinafter), on the conditions contained in this Agreement.
2. NAME OF FACILITY; LOGO.
(a) The parties agree that the name of the Facility shaH be the-(the "Facility Name"). The Facility will continue to be so named for the Term
of this Agreement, or until Sponsor renames the Facility in the manner and subject to the terms provided in this Agreement, or until this Agreement is terminated in the manner herein provided.
(b) Following the date hereof, the parties shall jointly develop a Facility logo, which shall include the Facility Name ("Facility Logo"). The Facility Logo shall be subject to the mutual agreement of the parties and the City. After development and approval of the Facility Logo by the parties and the City, the Facility Logo shall be attached to this Agreement as Exhibit A hereto, which Exhibit shall then be signed by the parties hereto.
3. TERM.
(a) This Agreement is effective and enforceable upon execution by the parties. The term of this Agreement ("Term") shall commence on June I, 2019 and expire on May 31, 2029. The twelve (12) month period beginning on June 1, 2019 and ending on May 31, 2020, and each successive twelve (12) month period thereafter during the Term, is sometimes referred to herein as a "Contract Year".
(b) Twelve months prior to the expiration of the Term, the parties shall enter into good faith negotiations for an extension of this Agreement. [fthe terms and conditions of a new agreement have not been agreed upon within ten months prior to the expiration of the Term, Operator (or any successor operator of the Facility) and Owner shall be free to negotiate with (and enter into an agreement with) any person or entity with respect to the Naming Rights and/or Facility Advertising Rights and this agreement shall terminated upon expiration of the thencurrent Term.
4. ANNUAL FEE.
(a) As consideration for the various rights granted by Chvner to Sponsor hereunder, Sponsor shall pay to Owner each Contract Year an annual fee ("'Annual Fee") in accordance with the following schedule:
Contract Year Annual Fee
- of the Annual Fee for the first Contract Year shall be used by Operator towards the fabrication of Sponsor's signage.
2
(b) The Annual Fee for the first Contract Year shall be payable as follows: (i)-upon execution of this Agreement, and (ii) -on or before July l, 2019.
(c) The Annual Fee for Contract Years 2 through 10 shall be payable in full on or prior to June l of each Contract Y car,
(d) All Annual Fee payments due hereunder shaH be made by Sponsor by wire transfer, check or bank draft, payable to Owner or its designee at its designated address, upon receipt of invoice no later than the dates set forth above. All sums quoted are net of any agency fees, commissions or the like that may be payable by Sponsor to its advertising and media agencies (if any) and any applicable taxes (if any). Sponsor's billing address is:
(or such other address as Sponsor may designate in writing in accordance with Subsection 20(c)).
5. USE OF NAME. During the Tenn hereof, Owner, when making reference to the Facility (including, without limitation, in its contracts, agreements, arrangements, writings, and communications pertaining to the Facility and to and with the Facility's operators, Tenants (defined below), licensees and other users, the media and others), shall use the Facility Name and, where applicable, the Sponsor logo, trademark and/or service mark, to the extent it is incorporated into the Facility Name or the Facility Logo (collectively, the 11Trademarks''), and shall require all parties contracting with Owner, including without limitation Operator and any other tenants leasing the Facility (the "Tenants"), to refer to and designate the Facility as aforementioned. This required use and designation of the Facility Name and, where applicable, the Facility Logo, shall include, but not be limited to: rntemet web sites related to the Facility or referencing the Facility (if any), to the extent controlled by Owner or the Tenants; printed materials generated by or on behalf of Owner with reference to the Facility and its address; advertising by the Facility's users which refers to the Facility; all schedules and admission tickets issued by any Tenant or user for Facility events; and all public relations releases issued by or on behalf of Owner, or the Tenants; provided~ however, that Owner shall not be responsible for any error or omission by third parties. Notwithstanding anything stated herein to the contrary, isolated, inadvertent omissions of the Facility Name or Facility Logo by Owner or any other person in connection with the Facility shall not be deemed a violation of this Section,
6. TRADEMARKS: MERCHANDISING.
(a) Sponsor hereby grants to Operator, Owner, its Tenants and licensees and their respective agents, a non-exclusive, nontransferable license to use the Trademarks during the Tenn of this Agreement and subject to the terms and conditions hereinafter set forth in order to carry out Owner's obligations hereunder. Sponsor shall furnish Owner \Vith pre-approved specimens of such Trademarks for use by the foregoing persons as contemplated hereby, and
<J'"OB''JNOIIMS.W..>.WI(J RJ(Im' MJREEMF:NJ 3
Owner shall not deviate therefrom (or pennit others controlled by Owner to deviate therefrom) without obtaining the prior approval of Sponsor (not to be unreasonably withheld or delayed). Any materials so submitted shall be deemed approved if not expressly rejected within one week after they are submitted.
(b) Owner shall have the exclusive merchandising rights for all commercial marketing and merchandising of goods displaying or using the Facility Name or the Facility Logo (including any Trademarks) or image or both established under this Agreement (the "Merchandising Rights"). Owner shall require its licensees of the Merchandising Rights to use the Facility Name and Facility Logo in a tasteful manner.
(c) Sponsor shall have Lhe right to use the Facility Name or Facility Logo in its advertisements and/or promotions, but only for the limited purpose of publicizing Sponsor's sponsorship of the Facility in connection with Sponsor's own general marketing efforts. All uses of the Facility Name or Faci1ity Logo by Sponsor shall be subject to the prior approval of O"vner.
Sponsor does offer, render or provide such services, or services in the future, then the exclusivity restriction set forth herein will apply to such services.
8. SIGNS. ADVERTISING AND ADDITIONAL RIGHTS.
(a) Marquee. The Facility Name shall be displayed on the freestanding outdoor marquee of the Facility (the "Marquee"), Owner and Sponsor will consult with each other regarding the design of Facility Name on the Marquee (and any replacement Marquee, if applicable), and the final detennination of these matters shall be mutually agreed upon by the parties (subject, however, to any applicable limitations imposed by zoning ordinances and other applicable legal requirements).
(b) Other Exterior Signage. During the Term, Owner shall prominently display the Facility Name on the following signs, each of which shall be subject to Sponsor's reasonable approval with respect to design and specifications:
•
•
Exterior Signage: Two (2) principal title sponsor identification signs located on exterior of Landon Arena (size and location to be mutually agreed upon by Sponsor, Owner, and Operator). Marquee Videoboard: Sponsor ad marquee videoboard on double sided exterior marquee located on Topeka Boulevard (:08)
4
• Exterior Doors: Principal identification on fifty two (52) public exterior glass doors and twelve (12) interior glass doors to exhibition hall (current door counts subject to change with building renovation).
• Additional New Exterior Signage- Principal identification on four (4) exterior building signs located on exterior of Domer Livestock Facility I Agriculture Hal1/ Heritage Hall/ Exhibition Hall/ Atrium (size and location to be mutually agreed upon by Sponsor. Owner, and Operator).
• Exterior Directional Signage: Principal identification on any exterior directional signage located on Center grounds.
• Highway/Road Signs: Potential to have principal identification on a maximum of four (4) interstate directional signs and two (2) street identification landmark signs (subject to applicable law and approval of all appropriate governmental authorities for road and highway signs).
(c) Interior Sign:ae:e and Advertising. During the Term, Owner shall display the Facility Name or Sponsor advertising (as specitied below) on the following interior advertising signs and elements and provide Sponsor with the following additional rights and benefits:
• Scoreboards: o Title Sponsor identification to be prominently displayed on
arenas two (2) existing scoreboards. o Two (2) video board commercials on arena scoreboard
during events the scoreboard is being used as part of production.
o New Center Hung Scoreboard: Title Sponsor identification on new center hung scoreboard (center hung scoreboard will be part of renovation of facility).
• Isle Standards: Facility Logo will appear on all aisle end standards of new arena seats (new arena seats will be installed during renovation of facility)
• One (l) VOM sign located in Arena measuring approximately 161" x41:)
• Concourse Plasma TV System: Sponsor will receive two (2):15 to :30 ads on six plasma TV's located on arena concourse. (At the completion of facility renovation the system will have up to twelve (12) monitors.).
• Digital Fascia Boards: Sponsor will receive one (I) moment of exclusivity on nine (9) arena LED fascia boards during all events. Boards run pre-show, post-show and during intermissions (subject to promoter approval). After the completion of Facility renovation, the nine (9) LED fascia boards will be replaced with two (2) LED
5
fascia ribbon boards. Sponsor will receive two (2) :15 ads on ribbon boards.
• One static sign in Domer Livestock Facility (size and location to be
•
(d) Miscellaneous Facility Name or Facility Logo [dentification. During the Term, Owner shall have the Facility Name or Facility Logo identification included with all official Facility references, including all unifonns of Facility employees (concession and maintenance personnel), all tickets, passes, and the like for any public, ticketed event held at the Facility, printed concession menus, letterhead stationery, business cards, envelopes, Christmas cards, news or press releases generated by Owner or its Tenants or licensees or their respective agents, announcements of coming events, printed event schedules and olher printed advertising or promotional brochures, banners, posters, merchandise or other materials of or relating to the Facility, and public address announcements for the Facility during Facility events; provided, however, that with respect to this clause, Owner may also allow the names or logos of other sponsors to appear on such items.
(e) Miscellaneous Marketing Opportunities. During the Tenn, Sponsor shall have the right to engage in various cooperative marketing opportunities with Owner, including sponsorship of or participalion in the following:
•
•
•
•
•
<>LOOAUOIIMS\NAMING RIGHTS Arn<EEMENT
Facility Website: o Naming rights
of facility for o Website Ad: Sponsor will have one ( 1) ad with link on page
of Facility website. Media Placement Facility name included in press releases, TV, radio, print and social media promoting the Facility or events held in Facility.
Social Media: name wi~ll~b~e~;j;~
Grand Opening Announcements and Events: o Inclusion in all press announcements and grand opening
activities (announcements and activities will be mutually agreed upon by Sponsor, Owner, and Operator).
o Marketing and Social Media Campaign: Inclusion in campaign (all to be mutually agreed upon by Sponsor, Owner, and Operator).
Suite: Right to utilize one (1) suite at the Facility (the .. Suite"); provided that Sponsor enter in the Facilities standard form Suite
6
License Agreement (the "Suite License"), which contains the Facilities standard use terms, rules, regulations and conditions for luxury suites at the Arena. The term of such Suite License shall be ten (I 0) years, but shall -terminate automatically upon any termination of this Agreement. Sponsors acknowledges that the cost of any food, beverages, or other goods and services provided in connection with its use of the Suite shall be additional charges, to be paid by Sponsor upon receipt of invoice from Operator or the Facility's food and beverage concessionaire.
• VIP Parking: Six (6) branded VIP Parking spaces and passes. • Food and Beverage Credit: $5,000 food and beverage credit
annually (unused credit may be rolled over from year to year, but shall be forfeited if not used by the end of the Term).
• Rent Free Use of the Facility: Sponsor may use the Facility rentfree for two (2) one (I) day events per year (as mutually agreed upon by Sponsor and Operator) for dates that are agreeable to the Facility and when no other event is scheduled (including pre and post event activities), subject to availability and normal booking procedures. Sponsor will pay all costs associated with operating the Facility in relation to such use, including but not limited to: labor expenses (including without limited to security labor), clean-up, electricity, insurance, etc. Sponsor's use of the Facility will not be transferable to a third party. Sponsor will not utilize the Facmty to produce commercial events (including but not limited to consumer shows, concerts, family shows, religious events, festivals, spectacles and sporting events, or other publicly-ticketed events).
(f) Signage Evolution.
(i) Sponsor and Owner acknowledge that signage and advertising opportunities in the Facility may evolve over the course of the Term, and the advertising and sponsorship elements described in this Section 8 may be changed by mutual agreement of the parties.
(ii) In addition, if any of the original elements enumerated herein is for any reason discontinued or no longer available, Owner shall have the right, without being deemed in breach hereof, to modify the elements and/or substitute others of at least equivalent value (in the aggregate), as such value is detennincd by Owner in its reasonable discretion based upon Owner's then-applicable rates. Furthermore, the parties each recognize that laws, rules or regulations may, from time to time, preclude various rights being exercised under this Agreement, which may dilute the promotional value granted to Sponsor hereunder. In such event, Owner and Sponsor will negotiate in good faith with respect to new and/or additional elements which may restore substantially all of the promotional value herein granted, but in no event shall the Annual Fees paid by Sponsor to Owner hereunder be reduced as a result of the preclusive effect of such laws, rules or regulations.
7
9. LIMITATIONS ON RIGHTS.
(a) All rights not expressly granted to Sponsor herein are hereby reserved to Owner and the Facility's various present and future tenants and licensees from time to time. Sponsor hereby acknowledges and agrees that Owner has retained the sole and exclusive right to enter into signage and advertising commitments with other parties and cause additional signage and advertising to be displayed throughout and with respect to the Facility, provided only that such signage and advertising does not infringe upon the exclusive rights granted pursuant to Section 7 hereof.
(b) Display and, if applicable, illumination of signage shall be limited to those events for which the Facility is open to the general public for an event, and illumination of signage shall further be limited to those events in which illumination is appropriate. Such display and illumination shall further be subject to any restrictions imposed by any third party event promoters.
10. SIGN AND ADVERTISING PRODUCTION; SIGN MAINTENANCE; SIGN REPLACEMENT.
(a) All permanent signs and other permanent fabricated references or installations for the Facility Name, Facility Logo or Sponsor enumerated herein shall be initially produced, fabricated and installed at the sole cost and expense of Ov.rner, provided that Sponsor shall be producing the creative for such signage and fabricated references and - of the Annual Fee for the first Contract Year shall be used by Owner towards such fabrication and installation. Except as otherwise contemplated by Section II, no changes shall be made with respect to Facility Name or Facility Logo signage once it is installed without the mutual agreement of the parties.
(i) [n the event Sponsor directs that any advertising signage he changed or rotated/alternated with other Sponsor advertising during the Term, Sponsor shall he responsible for the production and fabrication thereof and for the actual installation/removal expenses incurred by Owner as a resull thereof.
(ii) In addition, if Sponsor desires that Owner store any of Sponsor's permanent advertising signage during the Term, Owner shall store such signage in the Facility (provided that Owner has storage capacity), in exchange for Sponsor's paying a reasonable rental fee to Owner promptly upon receipt of Owners invoice therefore. Owner shall not he responsible or have any liability whatsoever for any loss, damage or theft of such signage while stored by Owner, and Sponsor shall be solely responsible for procuring the necessary coverage to insure against such loss, damage or theft as well as any loss or damage to any persons or the property of the Owner arising out of the storage of Sponsor's signage at the Facility.
{b) Owner shall clean and use reasonable efforts to maintain in a state of reasonably good condition and repair, reasonable wear and tear excepted, the Marquee and all
8
other signs identifying the Facility or advertising Sponsor as required by this Agreement after their installation.
(c) (i) In the event Sponsor changes its name or logo or desires to replace the Marquee after its initial installation (to the extent permitted hereunder), Sponsor shall be responsible, at its cost, for the design and production of such replacement Marquee. Any such changes shall be subject to the reasonable approval of Owner and any applicable zoning or other legal requirements.
(ii) With respect to all other advertising and promotions for Sponsor described herein (i.e., other than permanent signage described in Subsection lO(a) above), Sponsor shall furnish the associated advertising and promotional material at its cost and expense and be responsible for all production costs with respect to the advertising and promotional materials which are subjects of this Agreement.
(iii) Owner and its agents shall have the absolute right to approve all signage and other advertising features which are to be furnished by Sponsor hereunder, which approval shall not be unreasonably withheld, and all such material will be considered approved if not expressly rejected by Owner within ten (1 0) business days after it is submitted.
I L RENAMING.
(a) ln the event Sponsor desires to rename the Facility, it shall do so only with the consent of Owner, which consent Owner may in its sole discretion withhold, it being in part the purpose of this Agreement to establish a long term and continuous name for the Facility; provided, however, that, if the renaming occurs in connection with (i) the merger of Sponsor into a third party, or (ii) the sale of all or substantially all of the stock or assets of Sponsor to a third party, then Sponsor shall have the right to rename the Facility upon providing at least one hundred and eighty (180) days prior v.rritten notice to Owner (i.e., but without seeking Owner's consent), subject to the provisions of Section 14. Sponsor and Owner shall coordinate the timing of the name change to minimize the costs associated therewith; it being understood that Sponsor shall reimburse Owner for any out-of-pocket costs or expenses Owner incurs as a result of such name change (including without limitation the cost or expense of removing existing signage referencing the Facility Name or Facility Logo, designing and producing new signage (which shall be subject to the approval of Owner) and installing such new signage in or at the Facility).
(b) Notwithstanding anything stated herein to the contrary, (i) in no event may Sponsor rename the Facility more than once during the Term, and (ii) Sponsor will not have the right to rename the Facility if any of the transactions described in clause (i) or (ii) of subsection (a) above, in Owner's reasonable opinion, create or tend to create a negative connotation for, or impair or tend to impair the goodwill of, the Facility. If such an event happens, then Owner may, at its sole option, elect to terminate this Agreement upon giving prior written notice to Sponsor, with such termination to be effective as of the closing date of the above-referenced transaction. Upon any such termination, Owner shall, if applicable, provide Sponsor with a refund of any unearned portion of any Annual Fee paid, based on the date of such closing.
9
12. DESTRUCTION OF FACILITY; CESSATION OR INTERRUPTION OF OPERATIONS: CLOSURE OFF ACILITY.
(a) If the Facility is wholly or substantially destroyed or condemned, Owner will detennine whether or not it will rebuild the Facility within a reasonable time, and Owner will promptly notify Sponsor of lftvner1s intention in writing. If Owner determines it will rebuild, then the Tenn shall be extended by an amount of time equal to the time that elapsed between the date of the last event held at the Facility prior to its destruction and the date of the first event held subsequent thereto, to the extent such period exceeds ninety (90) days. If 0'\Wer (i) determines it will not rebuild the Facility or (ii) does not substantially rebuild the Facility within eighteen (18) months, then this Agreement shall terminate as of the date of the last event, and, if applicable, Owner shall refund to Sponsor the unearned portion of any Annual Fee paid, based on the termination date.
(b) In addition, upon the cessation or material interruption of use or operation, for any other reason whatsoever or no reason (including but not limited due to a force majeure not described in Subsection 12(a) above), the Term of this Agreement shall be extended by an amount of time equal to the time that elapsed between the date of the last event held at the Facility prior to the cessation or material interruption of operations and the date of the first event held subsequent thereto, to the extent such period exceeds ninety (90) days.
(c) The Owner retains the right, in its sole discretion, to permanently close or cease operations of the Facility. Any such closure or cessation of operations shall not be deemed a breach of this Agreement by Owner, but Owner shall, if applicable, provide Sponsor with a refund of any unearned portion of any Annual Fee paid, based on the actual closing date of the Facility.
13. EFFECT OF TERMINATION.
(a) Upon termination of this Agreement for any reason prior to the end of the Term, Owner shall, within a reasonable time not to exceed ninety (90) days, remove, at its discretion, either the signs bearing the Facility Name and Facility Logo or remove the Facility Name and Facility Logo from the signs and use commercially reasonable efforts to remove or replace a11 other references to the Facility Name and Facility Logo contained in all other official Facility materials and items as soon as practicable.
(b) Owner shall remove Sponsor's Facility Name and Logo and either destroy or make available to Sponsor for pick-up, at Sponsor's discretion, all of Sponsor's signage then displayed throughout the Facility, with title to said signage vesting with Sponsor if Sponsor opts for pick-up.
(c) Upon termination, either early or upon completion of full tenn, Owner will be free to rename the Facility and shall cease and desist from referring to the Facility by the Facility Name and using the Facility Logo, except that reference by others to the established
10
name or logo shall not be a violation of this Agreement or give rise to any legal or equitable claim or cause of action against either party hereto. Owner shall make reasonable efforts to notify parties contracting with Owner or its agents to cease and desist from referring to the Facility by the Facility Name. In addition, upon any such termination, Sponsor will cease and desist from referring to the Facility by the Facility Name or using the Facility Logo or including such reference in any marketing literature or campaign.
14. ASSIGNABILITY AND TRANSFERABILITY; SALE OF RIGHTS. Except as otherwise provided in this Section 14, the rights and obligations created by this Agreement are personal to and shall not be transferred or assigned by Sponsor, except by written agreement of Owner.
(a) (i) Sponsor shall not assign or transfer this Agreement and/or its rights or duties hereunder (by operation of law or otherwise) without the prior written consent of Owner, which may be granted or withheld in Owner's sole discretion.
(ii) Sponsor acknowledges and agrees that Sponsor does not have the right to sub-license any of its rights hereunder and, therefore, may not engage in any co- branding or partnering arrangement with any other advertiser or Sponsor with respect to any of the rights or benefits granted hereunder without the prior written approval of Owner, which approval may be withheld in Owners sole discretion.
(b) (i) Owner may assign this Agreement and/or its rights or duties hereunder, in whole or in part, for administrative, operational, financing or other purposes or reasons to another entity. The parties agree that the assignee of Owner, if such an assignment should be made, shall be able to enforce the provisions of this Agreement pursuant to such assignment without the further consent of Sponsor.
(ii) The parties acknowledge and agree that Owner may delegate certain or all of its duties in connection with this Agreement to Operator or to any other party (including any successor operator or manager of the Facility). and Owner has delegated the management and operation of the Facility to Operator.
(iii) If, during the Term of this Agreement, the 0\lmer sells, transfers or conveys the Owner's interest in the Facility (including its right to name the Facility), such sale, transfer or conveyance shall be subject to the rights of Sponsor as contained in this Agreement, and Owner shall provide as part of said transaction to a thirdparty transferee that the transferee assumes Owner's rights and obligations herein. Upon such transfer to a third-party transferee, Sponsor shall look to the transferee for performance of Owner's duties and obligations under this Agreement, and Owner will be fully and completely released from liability to Sponsor under this Agreement.
15. PUBLIC ANNOUNCEMENTS. With respect to the entering into of this Agreement, Sponsor and Owner shall not, and shall not pennit any agent thereof, to issue any press
11
release or make any public statement with respect thereto without mutual consent, except as may be required by law and then only with such prior consultation.
16. REPRESENTATIONS AND WARRANTIES: Sponsor represents and warrants that (a) it has the full corporate power and legal authority to enter into and perform this Agreement in accordance with its terms; (b) all necessary corporate approvals for the execution, delivery, and performance of this Agreement have bene obtained; and (c) this Agreement has been duly executed and delivered and constitutes a legal, valid and binding obligation enforceable in accordance with its terms.
17. TERMINATION UPON DEFAULT: REMEDIES.
(a) A default shall be deemed to have occurred hereunder if: (i) Sponsor defaults in the making of the payments required to
be made by it under Section 4 hereof after Owner has given Sponsor at least thirty (30) days written notice under this Agreement and said thirty (30) days have elapsed and such payment is due and payable;
(ii) Owner or Sponsor defaults in the performance or observance of any other term, covenant, condition or provision of this Agreement on its part to be performed, such default is of a kind which is curable or remediable within a sixty (60) day period, and such default continues for a period of sixty (60) days after service of written notice of default;
(iii) Owner or Sponsor defaults in the performance or observance of any other Lerm, covenant, condition or provision of this Agreement, cure is possible, and the curing or remedying of such default requires the doing of work or the taking of action which cannot with due diligence be completed in a sixty (60)-day period, such default continues beyond the end of the 60-day period after the service of a notice of default, and such amount of time as is reasonably necessary to cure or remedy such default, taking into account unavoidable delays to do the work required or to complete such other action as is required to cure or remedy the default in question;
(iv) There shall be filed against Sponsor or Owner in any court pursuant to any federal or state statute, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or substantially all of said party's property and within one hundred and twenty (120) days of such filing said party fails to secure a discharge of such petition or the dismissal of such proceedings, or said party files a voluntary petition in bankruptcy or insolvency or for such reorganization or for the appointment of such a receiver or trustee or makes an assignment for the benefit of creditors or petitions for or enters into an arrangement for the benefit of creditors;
(b) (i) Within a reasonable time after the occurrence of any default which is continuing, the non-defaulting party shall, if it so elects, have the right to terminate the Agreements upon giving the defaulting party notice of intention to terminate the Agreements and all rights of the defaulting party thereunder and, upon the effective date of such termination
12
specified in such notice (which shall be not less than 1 0 days after the giving of such notice), the Term shall end as fully and completely as if that were the date herein fixed for the expiration of the Tenn.
(ii) In the event of a breach or a threatened breach by either party of any of the tenns, covenants, conditions or provisions hereof, the non-breaching party shall have the right to apply for an injunction to restrain the same or invoke any other remedy allowed by law or in equity, including, without limitation, the right to money damages, as if specific remedies, indemnity or reimbursement were not herein provided for.
(iii) The rights and remedies given to the non-defaulting party in this Agreement are distinct, separate and cumulative remedies, and no one of them, whether or not exercised by the non-defaulting party, shall be deemed to be in exclusion of any of the others provided herein or by equity.
18. rNDEMNIFICATION.
(a) Owner agrees to and hereby does indemnity, defend and hold harmless Sponsor and its shareholders, directors, officers, employees, and agents of and from any and all losses, liabilities, costs, expenses, damages, claims, demands, actions, suits, causes, judgments and obligations, including, but not limited to, reasonable attorneys' fees and expenses (collectively "Losses''), resulting from any negligent act or omission or intentional misconduct on the part of Owner or any officer, director, agent, subcontractor or employee thereof. The provisions of this Subsection (a) shall survive any termination of this Agreement.
(b) Sponsor agrees to and hereby does indemnify, defend and hold harmless 0\Vller and Operator, and each of their respective affiliates, owners, directors, officers, employees, and agents of and from any and all Losses resulting from (I) any breach or failure of performance hereunder by Sponsor or any officer, director, agent, subcontractor or employee thereof; (ii) any negligent act or omission on the part of Sponsor or any officer, director, agent, subcontractor, employee, guest or invitee thereof; and (iii) the content and/or use of the advertising and/or other commercial material which Sponsor furnishes for use pursuant to this Agreement. The provisions of this Subsection (b) shall survive any termination of this Agreement. In the event a claim or lawsuit is brought against the Owner or Operator (or any of their respective affiliates, owners, directors, officers, employees and agents) relating to (i)- (iii) of this subsection, Sponsor or its carrier shall initially defend such actions either through the resolution of the claim or lawsuit, or until such time the claim or lawsuit is determined to have resulted from the actions of any third party not affiliated with Sponsor. Such determination shall be made by a court of competent jurisdiction or by agreement of the relevant parties.
(c) In order to invoke this indemnity, the party seeking indemnification must (i) give the other party notice of the Loss giving rise to the liability as soon as reasonably practicable after becoming aware of the Loss or after receiving third party notice of the Loss, as the case may be (and in any event not more than thirty (30) days after the party seeking indemnification possesses actual knowledge that any third party litigation has been commenced
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asserting such claim), and (ii) cooperate with the other party in defending any third party claim, at the indemnifying party1s expense.
19. rNSURANCE. Sponsor shall at all times during the Tenn be self-insured and/or carry insurance from insurance companies licensed to do business in Kansas and with a minimum rating of "A- VII" or better (as detennined by A.M. Best Company): (a) commercial general liability and/or self-insurance with a minimum combined personal injury and property damage limit of at least five million dollars ($5,000,000); (b) applicable self-insurance and/or workers' compensation insurance in compliance with state statutory laws, including employers' liability, with minimum limits of$1,000,000 each accident, $1,000,000 disease (each employee), and $1,000,000 disease (policy limit); (c) commercial automobile liability insurance, covering owned, non-owned, leased or hired automobiles, with a minimum combined single limit of $1 million each accident; and (d) umbrella liability insurance, in excess of each of the above, with minimum limits of$5,000,000 each occurrence and $5,000,000 general aggregate .. Any policy deductibles or retentions, whether self-insured or self-funded, shall be the obligation of Sponsor and shall not apply to the Owner or Operator. Sponsor, upon Owner's written request, shall furnish the Owner with certificates of insurance evidencing compliance with all insurance provisions noted above within thirty (30) days after the execution of this Agreement and annually at least ten (I 0) days prior to the expiration of each required insurance policy.
20. MISCELLANEOUS.
(a) Governing Law; Jurisdiction. This Agreement and all matters or issues incident hereto shall be governed by and construed under and in accordance with the laws of the State of Kansas, without regard to principles of conflicts of law principles. Venue for resolution of all disputes arising hereunder shall be in Shawnee County. Any claims arising out of this Agreement shall be brought exclusively in Shawnee County, Kansas and each party hereto consents to the jurisdiction of such courts and agrees that such venue is proper.
(b) Entire Agreement. This Agreement and its Exhibits constitutes the final, complete and exclusive written expression of the intent of the parties with respect to the subject matter hereof, and supersedes all previous verbal and written communications, representations, agreements, promises or statements, and all contemporaneous verbal communications, representations, agreements, promises or statements.
(c) Notices and Addresses. All notices required to be given under this Agreement shall be given by personal delivery or by certified or registered mail, or overnight mail, addressed to the proper party to the following addresses, or at such other address as may be subsequently given pursuant to this Section, and shall be deemed given (1) when delivered by personal delivery, (2) three (3) days after deposited in the United States mail, postage prepaid, or (3) one (1) day after depositing, charges prepaid, with an overnight courier:
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IF TO SPONSOR:
IF TO OWNER:
Shawnee County 200 SE 7th Street Rom 100 Topeka, KS 66603 Attn: Shawnee County Counselor
With a copy to:
Spectra 150 Rouse Blvd Philadelphia, PA 19112 Attn: Legal Department
(d) Amendment. Modification. or Alteration. No amendment, modification or alteration of the tenns of this Agreement shall be binding unless in writing, dated subsequent to the date hereon and duly executed by the parties hereto.
(e) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument.
(f) Headings Only for Reference. The titles of sections of this Agreement are for reference purposes only, and shall be of no binding effect.
(g) Status of Parties. Sponsor and Owner shall be deemed and construed as independent contractors with respect to one another for all purposes and nothing contained in this Agreement shall be determined to create a partnership or joint venture between Sponsor and Owner.
(h) Waiver. The waiver by either Sponsor or Owner of any default or breach by the other party of any of the provisions of this Agreement shall not be deemed a continuing waiver or waiver of any other breach by the other party of the same or another provision of this Agreement. In order to be binding, any waiver must be in writing and signed by the party against whom enforcement is sought.
(i) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
G) Employee Status. It is understood and agreed that no agent, servant or employee of Sponsor or any of its agents or subcontractors shall be, under any circumstances, deemed an agent, servant or employee of Owner and that no agent, servant or employee of Owner or any of its agents or subcontractors shall be, under any circumstances, deemed an agent servant or employee of Sponsor.
(k) Operator as Agent. In all matters pertaining to this Agreement and performance hereunder, Operator shall be and be deemed to be the agent and attorney-in-fact for Owner. In such regard, Sponsor shall be entitled to rely upon any invoice, consent, notice or waiver of, from or to Operator. As agent for Owner, Operator shall have no independent liability to Sponsor under this Agreement. Further, Sponsor acknowledges that Operator is currently engaged by Owner to operate the Facility. If for any reason, Operator ceases to be the operator of the Facility during the Term, this Agreement shall continue in full force and effect.
TN WITNESS WHEREOF, the parties have executed this Agreement as of the date first v.rritten above.
GLOBAL SPECTRUM, LP., AS AGENT ON BEHALF OF SHAWNEE COUNTY
By:: ______________________ ___ Name: Title:
SHAWNEE COUNTY BOARD OF COMMJSSJONERS
By:. __________________________ __
Name: Title:
Exhibit A of the
Naming, Advertising and Sponsorship Agreement Between Shawnee County Board of Commissioners,
Glob~t, and ...........
Facility Logo
GLOBAL SPECTRUM, L.P., AS AGENT
By: ________ _
Nrune: __________________ _
Title:-----------
------ Date: --------------------
SHAWNEE COUNTY BOARD OF COMISSIONERS
By: _________ _
Nrune: _______________ __
Title: _________ _
Dare: _________ __
