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BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, DECEMBER 18,2017,9:00 AM COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS 1. Presentation regarding County and township roads in Shawnee County-Tom Vlach, Director of Public Works/Solid Waste and Jim Crowl, County Counselor. II. UNFINISHED BUSINESS III. CONSENT AGENDA 1. Consider authorization and execution of Contracts C450-2017 through C475-2017 for Social Service and Service Programs for the Elderly allocations as previously approved by Resolution No. 2017-69. 2. Consider acceptance of a permanent utility easement in Sterling Chase Subdivision No. 1 with no cost to the County-Public Works/Solid Waste. 3. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $5,264.65-District Attorney. IV. NEW BUSINESS A. COUNTY CLERK- Cynthia Beck 1. Consider all voucher payments. 2. Consider correction orders. 3. Consider proposal from Willis of Greater Kansas, Inc. for 2018 insurance coverage including property (commercial, equipment and crime), boiler and machinery, automobiles, above ground storage tank and excess workers' compensation with optional quotes for flood, earthquake and cyber crime coverage. B. BOND COUNSEL- Bob Perry 1. Consider approval of Resolution No. 2017-85 authorizing the issuance of not to exceed $25,300,000.00 aggregate principal amount of taxable industrial revenue bonds, Series 2018, for Topeka Grand Real Estate, LLC, to provide funds to acquire, construct and equip a hotel in the 900 block ofS. Kansas Avenue-Commissioner Archer. 2. Consider approval ofResolution No. 2017-86 authorizing the of an estimated $75,000,000.00 aggregate principal amount of taxable industrial revenue bonds for 29 Fairlawn LLC, to provide funds to for the acquisition and installation of commercial improvements at the intersection of 29th Street and Fairlawn Road-Commissioner Archer. C. PARKS+ RECREATION- John Knight 1. Consider approval of request to transfer $89,734.60 from the 2017 budget to the Parks+ Recreation Building Maintenance (3R) fund for 2017 approved projects that may not be completed prior to December 31,2017. 2. Consider authorization and execution of Contract C476-2017, amendment to Contract Cl18-20 11 with the Shawnee Yacht Club, Inc. for use of facilities and Lake Shawnee through December 31, 2018. .

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BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, DECEMBER 18,2017,9:00 AM COMMISSION CHAMBERS, ROOM B-11

I. PROCLAMATIONS/PRESENTATIONS

1. Presentation regarding County and township roads in Shawnee County-Tom Vlach, Director of Public Works/Solid Waste and Jim Crowl, County Counselor.

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Consider authorization and execution of Contracts C450-2017 through C475-2017 for Social Service and Service Programs for the Elderly allocations as previously approved by Resolution No. 2017-69.

2. Consider acceptance of a permanent utility easement in Sterling Chase Subdivision No. 1 with no cost to the County-Public Works/Solid Waste.

3. Consider approval of request to pay invoices from the Diversion Fund account in a total amount of $5,264.65-District Attorney.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

3. Consider proposal from Willis of Greater Kansas, Inc. for 2018 insurance coverage including property (commercial, equipment and crime), boiler and machinery, automobiles, above ground storage tank and excess workers' compensation with optional quotes for flood, earthquake and cyber crime coverage.

B. BOND COUNSEL- Bob Perry

1. Consider approval of Resolution No. 2017-85 authorizing the issuance of not to exceed $25,300,000.00 aggregate principal amount of taxable industrial revenue bonds, Series 2018, for Topeka Grand Real Estate, LLC, to provide funds to acquire, construct and equip a hotel in the 900 block ofS. Kansas Avenue-Commissioner Archer.

2. Consider approval ofResolution No. 2017-86 authorizing the isswi.~ce of an estimated $75,000,000.00 aggregate principal amount of taxable industrial revenue bonds for 29 Fairlawn LLC, to provide funds to for the acquisition and installation of commercial improvements at the intersection of 29th Street and Fairlawn Road-Commissioner Archer.

C. PARKS+ RECREATION- John Knight

1. Consider approval of request to transfer $89,734.60 from the 2017 budget to the Parks+ Recreation Building Maintenance (3R) fund for 2017 approved projects that may not be completed prior to December 31,2017.

2. Consider authorization and execution of Contract C476-2017, amendment to Contract Cl18-20 11 with the Shawnee Yacht Club, Inc. for use of facilities and Lake Shawnee through December 31, 2018. .

D. INFORMATION TECHNOLOGY- Pat Oblander

1. Consider out-of-state travel for an employee from Information Technology and an employee from the Appraiser's Office to attend an ESRI Developer Summit in March, 2018 with funding of $1,850.00 from each department's 2017 budget and funding of$2,500.00 from each department's 2018 budget.

E. SHERIFF'S OFFICE- Sheriff Jones

1. Consider approval of request to transfer $65,000 from the 2017 budget into a special project fund to purchase a new phone recorder.

F. FACILITIES MAINTENANCE- Bill Kroll

1. Consider authorization and execution of Contract C477-2017 with Senne & Company for the construction of one ADA compliant restroom in Suite 410 in an amount of$35,500.00.

G. ADMINISTRATIVE SERVICES- Betty Greiner

1. Update on expenditures and revenues.

H. COMMISSION

1. Consider appointment of Silver Lake Township Trustee.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

AGREEMENT

I HI::> AGREEMENT, MADE and entered into this day of _______ , 20_, by and between Catholic Charities of NE Kansas/Friendly Visitors, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Ten Thousand No/1 00 Dollars ($10,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Ag_reement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be knowri as "Director," who shall be responsible ~o the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be w~ived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10.' The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employmen~ recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal Interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any Interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The ~gularly sche~uled meetings of the .•. ao!¥d of Directors of the Provider are held at~ NBtr::. . if]) (location}, on the &f#t 1'tJti~Ay lit~._ (date of the month), at . --'- AM. .M

li~lt$ 20. The Provider agrees to hold harmless and indemnify the County and any of Its officers,

agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she Is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

I ! I ,,

'

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman·

APPROVED AS TO LEGALITY AND FORM:

l}.-1-n

Sha nee County Counselor

PROVIDER:

(Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

r.-es io\e~t I cEo (Title)

·(Work Phone Number)

Rev. 09/2013 ATIACHMENTTO

SHAWNEE COUNTY CONTRACT C"-. ----

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

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

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

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

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

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

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

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

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

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

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

VENDOR/CONTRACTOR:

l:zw::LL--By:

. e'v: e G i tle11f/ C fd .T1tle:

1 . nft7)7 Date: ·

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A, Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ________ , 20_, by and between Community Action/Elderly Services, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Thirty Four Thousand Nine Hundred No/1 00 Dollars ($34,900.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/1 00 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personal required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. Th~ regularly . scheduled meetings of the Board of Directors of the Provider are held at li '55 51:: ~ o \£ (location), on the 1 ND\'r.w'tS (date of the month), at 5: 3 o A.M.@;)

~ .1\oob\:\::--

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

Shawnee Count Counselor

PROVIDER:

d as the Director 3 of this Agreement)

"765 l2?l~J -9 CO (a_\ (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. I0-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is

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

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

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

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

10. INSURANCE. The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect· against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6!01 et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property to which vendor or lessor holds title.

terminated pursuan~ to this paragraph, County will pay to the contractorG5VEND R/CONTRACl~: ~ all regular contractual payments incurred through the end of such fiscal · year. The termination of the contract pursuant to this paragraph shall · ),..) Lf\ll ~ not cause any penalty to be charged to the County or the contractor.

DISCLAIMER OF LIABILITY. Neither the County of Shawnee nor any t'; ncl1 , . b \ R,(.(__ To~ 4.

5.

department thereof shall hold harmless or indemnifY any contractor for Title:

any liability whatsoever. , ~ I A. t- \ ll= ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply Date: With the Kansas Act Against Discrimination (K.S.A. 44-1001 etseq.) 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 ancestr.y, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a faiLure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation· of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

BOARD OF COUNTY COMMISSIONERS . SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of -::=---,------::----' 20_, by and between East Topeka Senior Center, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Eighty Nine Thousand No/100 Dollars ($89,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personal required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. T r~~larl · . {(. fJ. ·.-:fl scheduled meetings of the s;)"rd of [}~ of the Provider are held at .1 71 LlJUI.lL (location), on the :,3r<:rh.U p (date of the month), at .M. P.M.

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

'

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

Shawnee Cou ty Counselor

(Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

~ewhvc&(edi (Title)

J~~- ~3g-T1ur (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

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

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

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

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

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

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

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

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

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of _______ , 20_, by and between Topeka Habitat for Humanity/Senior Housing Maintenance, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Twenty Five Thousand No/100 ($25,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''}, or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten ( 1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personal required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proc~eds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the

scheduled meetings of the Board of Directors of the Provider are held at /,)/ n £ _ ·~, tS Board of Directors and provided an advance agenda of said meetings. The regularly~ .

(location), on the ?J..fJ -1}11~ (date of the month), at 4:,30 A.M. P.M.

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

[iecubve ·ni(ecW (Title)

(Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C ___ _

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

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

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

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. I 0-11 0 I et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

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

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply With the Kansas Act Against Discrimination (K.S.A. 44-IOOI efseq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1 I I I 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 ancestly, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44-I03I and K.S.A. 44-I116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor ·Or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation· of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

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

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

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

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

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

r:::f~!l~ By: •

txe cuh ~ e,. '])Ire ciJ JY2) Title:

Jt/n/J7 Date: r 1

BOARD OF COUNTY COMMISSIONERS . SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of _______ , 20_, by and between Jayhawk Area Agency On Aging Inc., hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Fifty Thousand No/1 00 Dollars ($50,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/1 00 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personal required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The r_~eulariY. scheduled meetings of th Board of irectors of the Provider are held at r.-::J/:::-~f,t,=<r-fU"=>::~----(Iocation), on the 11 r.s (date of the month), at IO:· . . P.M.

20. The Provider agrees to hold harmles/ nd indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

I

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

Shawnee County Counselor

PROVIDER:

(Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

ti:fJeLLiivt J);r uJr (Title

Jgs-J3s-!3&7 (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

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

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

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

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

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

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

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

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

;;r;;ONf~ j. ..•. lil/}

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ----=----::-=----:-:--' 20_, by and between Kansas Legal Services/Senior Services, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Sixty Thousand No/1 00 Dollars ($60,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amou(lt shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personal required to perform the· services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly _ _ _ I. scheduled meetings of the Board of Directors of the Provider are held at C \ u b hov5e- J.A11"1

1 l 0 fe1'4-(location), on the =Ik. t-1l A.¢ a.o "J:A I ¥> (date of the month), at 1 to cl A.M. @.

1/ J Od-, iq , Ui 17 20. The Provider agrees to hold harmless and indemnify the County and any of its officers,

agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

Shawnee Co ty Counselor

PROVIDER:

(~toJjWrflder who is Designated as the Director under Paragraph 3 of this Agreement)

(Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

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

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

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

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

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

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

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

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

VENDOR/CONTRACTOR:

By~ ~(L~

Title: \)[,, K~,s·a:s ~wqa\ Sev~vru?5, De.

Date:

BOARD OF COUNTY COMMISSIONERS . SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of _______ , 20_, by and between Let's Help Inc/Senior Emergency Services, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Ten Thousand No/1 00 Dollars($10,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten ( 1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personal required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be, performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. Th regula!:!Y- / ~...Q__ scheduled meetings o~~oard of Directors of the Provider are held at :::;, , L- 1 \'

(location), on the t "==~ (date of the month), at l( ·. · 0 A.M. .

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

AITEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

/~-..,-11

Shawnee Coun y Counselor

PROVIDER:

(Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

a-(20~ tJ'~~r (Title)

--r't~S-210-:J'Z 6~ (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C'-----

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

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

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

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

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

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

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

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

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

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

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

VE~R!R==::

~- ~ar:::>

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of _______ , 20_, by and between Lulac Senior Center/Consolidated Senior Center Services, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Sixty Eight Thousand Seven Hundred Sixty Five No/100 Dollars($68,765.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/1 00 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personal required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularlY. scheduled meeting~ Pith a of irectors of the Provider are held at£....':~~t1~.....a.~~~::.t\6'"'0' (location), on the ~/J / rJ. (date of the month)l at ..:s-.: fL)

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

PROVIDER:

( uthoriz Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

;@AN~iM2 (Title)

715-ddJ/--5(()9 (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

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

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

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply With the Kansas Act Against Discrimination (K.S.A. 44-1001 e(seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44-1031 and KS.A. 44-11 16; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

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

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

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

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

10. INSURANCE. The County shall not be required to purchase, any insurance against Joss 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 se .), the vendor or lessor shall bear the risk of any loss or damage to y personal property to which vendor or lessor holds title.

Title:

/cJ_, Cf'- I 1 Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of

SHAWNEE COUJ.'.'TY

CONTRACT #{.:~~~;)O t7

-~--:-:----=---' 20_, by and between Meals on Wheels/Home Delivery, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, One Hundred Sixty One Thousand Sixty No/100 Dollars($161 ,060.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"}, or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personal required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. Th~ular!~, A scheduled meetings of the Board of Directors of the Provider are held at tqpn/17 /c:;.{(~:~s·AVCJ (location), on the if+"~t\escsttAAJ (date of the month), at I;) A.M. .M.

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

Shawnee County Counselor

(Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

~~~()~ttl/ CcD (Title) /

(Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C'-----

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

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

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

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

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

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply With the Kansas Act Against Discrimination (K.S.A. 44-IOOI e{seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-I II I et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. I2101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestzy, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer''; (c) to comply with the reporting requirements set out in K.S.A. 44-I03I and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a fai~ure 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 p!lragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

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

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

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

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

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

I 01 et seq.), t -ven or lessor shall bear the risk of any loss or d age to an personal pro rty to which ve r or lessor holds title.

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of -----:-----::-------:------· 20_, by and between Meals on Wheels/Friendship Meals, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Seventy Five Thousand No/1 00 Dollars ($75,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

'

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personal required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The ::ularl¥ ~ scheduled meetin~the Board of Directors of the Provider are held at{lJ.-"tdj.QJJ!~Sd....lo~-141!E:!:...:~ (location), on the ~k\1etlnescJ4A4 (date of the month), at lJ.. A.M. .

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

it-7-tr ~"if Shawnee Cou ty Counselor

uthorized Agent of the Provider who is Designated as the Director

1 under Paragraph 3 of this Agreement)

fo;Jd4/M (Title) I

r; t c; . .;)._ 3 ~ . .;?/) 4 4 (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

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

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

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

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

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

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

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

10. INSURANCE. The County shall not be required to purchase, any insurance against Joss 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. e vendo{ or lessor shall bear the risk of any loss or d age Jo•any _pers al property to which vendo or lessor holds title.

Date: I

BOARD OF COUNTY COMMISSIONERS . SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, 1\.fADE and entered into this day of ~--::---,..-~-::-> 20_1 by and between Papan's Landing/Services For The Elderly, hereinafter called the "Provider, • and the Board of County Commissioners ofthe County of Shawnee; Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receiVe from the County, Sixty Thou$and No/100 Dollar$($60,000.00) to be used in payment for providing certain $P6Cified social sEi!Vices during the project to. commence January 1, 201 a and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purpOSes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Flnanciat Administrator, (hereinafter referred to as the MFinancial Administrator"), or ttJe CouflW's designee shall aQdit the quarterly expenditures of the provider made pursucm• to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "DireCtor,• who shall be responsible to the County for the expenditures of aft moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one--fourth (1/41) of the total amount shall be paid on or before the fifteenth {15th) of the first month of each quarter during the year 2016 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eiigible for subsequent quarterly payments. lfan expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

S. The Provider wiU submit ;an audited financial statement for the year of allacation to the Financial Administrator, In the addition, the Provider Will submit an audited financial statement for the PrOvider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other $.ouroes for the particular property or services or portion thereof for which it is r®eMng funding under this Agreement All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

I i

I I

I

8. The parties mutually agree that no expenditure of County funds slrall be made except as specified In the budget or amended budget Sl.lbl'nitted by the Provider and approved by the County, attached hereto .asAppemdix "A•, and incorporated into this Agreement as if fully set forth her~n.

9. The Provider agrees that all purchases of all real property, and purchases of~sonal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or mote and an expected life.ofthree (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase. by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an eXpect~ useful life of three (3) years or more, shall be titled in the name of the Board of.County Commissk>ners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall·have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of tliiS Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreemen~ or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, Knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limHed to the specifiCation of services to be perfOrmed and the Provider's access to funds from sources other than the County or if the County shall after oareful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or Will secure, an ~sonal required to perform thel services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered bY this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require change$ in the scope of services of the Provider to be performed hereunder; Such changes, Including any increase or decrease in the amount of eompensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the ~rms and provi~ions of this Agreemen~ the Provider will not discriminate against any employee, applicant for employment, recipient ofservice or applicant to receive services becausE!! of race, color, religion, sex,· age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employmeri~ employees, applicants for service and recipients of service are treated equally and fairly Without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in aU solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider .state that all qualified applicants shall reeeive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of~ County who exercises any function or TE!Sponsibilitles in the review or approval ofthe un!;lertaking of the terms of this Agreement, shall participate In any decis:ion relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shaft not assign any Interest in this Agreement, and shaD not transfer any interest In the sarne, whether by assignment or novation; provided, however, that «::!aims for money due or to become due to the Provider under thiS Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interestand shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract The Provider further covenants that In the performance of this Agreement, no person having any SUCh interest shalf be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the foftowing notation on the front cover or a title page:

The preparation of this report. record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and tl'le County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notifieq of all meetings Of the Board of Directors and provided an advance agenda of said meetings. The regular! scheduled meetings of the Board of Directors of the Ptoviderare held at f.c>fq mo\t:.-(location), on the .a Adeaol:J~( {date of the month}, at /.a :45" A.M. • M:

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and allliabHity for claims or caus.es of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow acceSs by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does herel>y guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement

22. By the signature of the representative cif the Provider below, be/she represents th~ he/she is authorized by the Provider to sign this Agreement on bellalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHERE:OF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAVVNEECOUNTY,KANSAS

Chairman

APPROVED AS TO LEGAUTY AND FORM:

It- I ~t-,~ l~ Shawnee County dOunselor

PROVIDER:

{,f~htl! #_/ ( uthorized Agenof the Provider who is Designated as the Director Under Paragraph 3 of this Agreement)

?ti.7-,j}a,f?-J96ftedl '~'zzs -~-::3153.,.&:537 (Work Phone Number)

Rev. 09/2013 ATTACHAO:NTTO

SHAWNEE COUNTY CONT11ACTC. __ _

CONIBAcroALfRQYISIONs A'ITAC1JMENT The undersigned ;partieS agree that tbc fOllowing provisions are hereby incorpolll!ed into the contract to wbi.ob it is attached and made a part thereof, said eoiitrilct bcinll dated the __ day of ______ _, 20_.

1. TlmM!! HJIBE!N COJm!.OJ.LING l'BoymoNS. It is cxpres$ly agreed dlat tbo temts or each and cveay provision in this 11ltacbmMt shall pmail and control over the tcmul of 1111)' either conflicting provision in 1111)' other document relating to and a part of the eontnlet in which this ettaeluncnt is irn:oiporated.

2. AGllEEMENT WlW KANSAS Lt\W It is agreed by and between the qxide!lllgned that all dlspii~e& and maiters whfltsocver llfil!ing ~er, in coimilction with or inciident to this conlraot shall be rrt-. if at all, in aild befOre a Court located in the State of Kansas, U.S.A,, ~ tbe exclusion of the Coutts of lillY other states or wuntly. All eontmctu.al agrccmcnts shall ba subject to, governed by, and c~mstn~cd according to the Iil.ws oftbo Stale ofKansas.

3, 'fERM1NATION DUE TO LACK OF FtJNDlNG APfAAPR1A110N- Shawnee County is sllbjeet to tbo Kansas Cub .B'uis Law, K.S.A.I0-1101 11 111q. It; in the judgment of !be F"mancilll 114uim:~. Audit-FbwK:e Office. suff"tcicnt lbnds IU"C not appropriated to continue the llmctlon perfOI'Illed in this agreement fllld for 1he payment of !he chuges hereunder, County may 1emlinate this agroemcn1 at tho end of its Clltfflllt f1JC81year. County agrees to giw vml.tflll noti.oc of tennination to conlmctor at least thirty (30) days prior to the end of its cum:nt fiscal year. In the eYI:Ilt lbiJ agreem1111t is terminated p!llllll8ll~ to lhb paragraph, County will pay to the contractor all regular contmtual psymeoll i!IC\IITl:d lh!VUgh the and of sueh fiscal year. The tennlnatlon. of the contract pursu1111t to thbi piragraph ahall not cause 1111)' penalty to be charged to the County or the c:onlnlctor.

4. DiscLAIMER OF l.wm.rrx- Ncilbcrlhe County of Shawnee nor any department thereof shall hold harmless or indemnifY any contrliCtor for any liability "WblltiG~Wer.

5. ANTI-iliSQ.UMINATIQN CLAusE. The eo111rae1or agrees: (a) to comply With the Kansas Aet AGainst Discrimination (K.S.A. 44-1001 et' &etJ.) and thG l<anlllls A1Jc Discrimination in Employment Aet, (K.8.A. · 44-1111 et seq_) and the applicable "provisions of the Americans With Disabilities Act (42 U.S.C. l2l01 et setj.) [ADA] and m not discriminate against any person because of illce, religion, color, sex; disability, natiOnal Ori&in or anccstly, or age in tho admillsion ofa=:ss to. or treatnlent or emp!Dyment in, its pro&mms or .aativities; (b) m include in all slillcitations or adverlisemcnts for employees, the phrase "equal opportunicy employe~"'; (e) to comply with the reporting requircrnonl:l set out in K.S.A -44-1031 and K.S.A. 44-lll6; (d) to mclude those provisions in eVery $11beotrtr&et or pUrchase older sO that they are binding upon such Sllbcontnwtor or vendor; (~) that a lililuro to contply with the ropilrting requirements of (c) aboVe or if the c:ontractor Is fbilnd gUilty of lll!Y yiolatlon· of such acts by the Kansas Human Rights Commisllion, such violation shall consliMe a breach of contract; (f) if the eoniliwting agency dctcnnincs that the contractor has violllled applicable provisions of ADA. that violation shall constitute a brol!ch of contrliCt; (g) if (c) or (f) occurs, the contmct may be i:anccllcd, termina!ed or suspended in whole or in part by the Councy. Parties m this conlnlct understand that subsections (b) through (e) of thiil plmi&T8Jih number 5 are not applicable to a col'ltraetor who employs fe\m" .than fOUr· imlployees or whose contraCt wilh the County totals $5,000 or lc:sa during this (JScal year.

6. AccEnANC§ QF ComM,cr. Thi:l. contiact shall not be considered "cc:eptcd, approved or othcrwiJe effective until the required IIJIIlllWafs and certifiCI!tio~ hii:VC been given and this is signed by the Board of County Com~fonlli'S oftbo County of Shawnee, Ka:n$u.

7. ARBITM'110N· DAMAGJS. WAI!RANl11!S. Notwithstanding any languaiJC to. !be contnuy, no interprotatiiin shall be allOwed to find the Councy ha!! Weed to binding IITbitration, or the payment of damages or PMaltiel upon the occumliiCC of a contingency. Further, !he County iWIII not agree to pay !lttorney fees and late payment charges; and no

.. provisions will be givep etli:l:t which attentptt to e!~Clude, lllOIIifY, disclaim or otherwise attempt to limit impllcd wammtics of merchantability 1111d fitns~ fbr a particular purpose_

8, REl>l>£e!TAtM:'S At!TIIORll'l' To Cl>NTRA9f. By signing this document, tbo tqlroSC!lfatiw of tile contriiCtor tbctcby lepfCSCiits lliat sueli person is dqly authorized by the cwttactor to ~ Ibis doeunient on beh!llf of the~ and tbat.thc contractor ~~pees to be bound by the proViSions lhereo£

9. l!m!nJW!!!TiiTY FoB TAXJ!S. The Cotlnl¥ sbaU noi be iesponsiblo for, nor indemnifY· a contra.c10r for, any rederal, state 01' localtaxea \\'bleb may be imposed or levied upon the subject matte~" of this contract.

10. l!!!iJ!BAU The County shall not be required to pul'tlhese, any insuraiu:c against loss or dlimage to 1111)' penomtl property to which lhb a~nfnltt rdlllm. nor shall tbis Ull1hliCt require the County to estllbllsh • ''self·insurance" fund to piofeet- against any nch loss or damage. SUbject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 e1 .Hq.), the Vl!ndOr or lessor: shall tiear the risk of 1111)' loas or dama!JC to any permnal property to which vendor or lessor holds title.

By;

e 'i-Ru:t~~ l);reA.-t~c Title:

Jr/!tg{tz BOAI!D OF COUNTV COMMISSIONERS

.. SHAWNEE COtJNT¥, KA.N~AS

Midtdc A. Bulil!li, Chair

ATTEST;

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of

SHAWNEE COUNTy

CON'fRA.cr#_C4ui-J_a 17

_______ , 20_, by and between Rossville Senior Center/Services For The Elderly, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Nine Thousand No/1 00 Dollars ($9,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this.Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

't

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personal required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees .

.. 19. The Financial Administrator and the County Counselor shall be ex officio non-voting

members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. . e regu,larly • . scheduled meetings o~ the Board of Directors of the Provider are held at \J II &n1of" C.Q.A-/Q.r (location), on the ;;;n Fridd.y (date of the month), at J;;J:co A.M. P.M.

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

1

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

Shawnee Count

PROVIDER:

~ ~ "'~. .. ~ ~ ( uthOrJZedAQefltOf therovider who is Designated as the Director under Paragraph 3 of this Agreement)

't. l'$5- 584- tc3lo:/ (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

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

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

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

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

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

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

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

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

~ VE:'!. CONTRACTOR: f /)

-'\~~ By!

A-· J{;asu_v .. sur Title:

-+ J;l Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of _______ , 20_, by and between Silver Lake Senior Center/Senior Citizens, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Thirteen Thousand Two Hundred Seventy Five No/100 Dollars ($13,275.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten ( 1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/1 00 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personal required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an a van agenda of said meetings. The r~ularly scheduled meeting oft B r of · ec s of the Provider are held {: ~ (location), on th {date of the month), at/;J ./';;:/ eoA.M P. .

4Jecl / )< /??p r- /..,? I

20. The Provider agrees to hold tiarmless and inaernnffy the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

/1-7-/7 ~Celt Shawnee County &aunselor

PROVIDER:

~LaxiLlL% (Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

(Title)

(Work Phone Number) .

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C ___ _

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

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

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

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawoee County is subject to the Kansas Cash Basis Law, K.S.A. I 0-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

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

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

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

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

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

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

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

By:

,/;zer;dcL. Title:

dz/r7 Date: " <

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawoee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of _______ , 20_, by and between Breakthrough House Inc/Residential Program hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County Sixteen Thousand Seven Hundred Twenty Seven No/100 Dollars ($16,727.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount from the County's General Fund To the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

-g. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly scheduled meetings of the Board of Directors 9f the Provider are held at 1.?41 5 t;:j . .¥3' 11 Pfif!!!} ~ /(.s, &t'M2 (location), on the · · (date of the month), at !{;-=?a A. . P. .

20. The Provider agrees to hold harm! nd indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

11~1-11 , l/'-----

Shawnee County Counselor

PROVIDER:

7%5: :</3~~ kx-o?~ (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C ___ _

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

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

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

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

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

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

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

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

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

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

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

VENDOR/CONTRACTOR: ~

By: ~$4_/ E&&u. ·hzJ£, JJ~~td?r

Title: ·

J l zl--2-t:f' 17 Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of

SHAWNEE COUNTY

CONTRAcr# c y~p tf-Jo t/

,....--------' 20_, by and between Community Action/Latina Family Development, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Twenty Nine Thousand Two Hundred Twenty Seven No/100 Dollars($29,227.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount from the County's General Fund To the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018 to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and u·pon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regulaljy ~ed~les;! 1~, J meetings of the Board of Directors of the Provider are held at t.t~::, ~ -E 6\ ~ r.... \l (location), on the 2.~ \butts (date of the month), at b....__~ 5£)\.M. . ·

......-1 <:.>\)D~ 20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents

or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

PROVIDER:

&xt.cu1\~ J:)\L (Title) '

,JJ55 2~s-950 \ (Work Phone Number)

Rev. 09/2013 ATTACHMENT To

SHAWNEE COUNTY CONTRACT C ___ _

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

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

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

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

4. DISCLAIMER OF LIABILI1Y. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnity any contractor for any liability whatsoever.

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

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

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

8. REPRESENTATIVE'S AUTHORI1Y TO CONTRACT. By signing this document, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this document on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9. RESPONSIBILI1Y FOR TAXES. The County shall not be responsible for, nor indemnity a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

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

l\ )21-llt Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of _______ ,, 20_, by and between Community Action/First Tee of Shawnee County , hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Twenty Nine Thousand Two Hundred Twenty Seven No/1 00 Dollars($29,227.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount from the County's General Fund To the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018 to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

1 0. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regula[!y sche le~ .... o 1 meetings of the Board of Directors of the Provider are held at :St ,.-;"\- \ ~-" ~"'os'\ 0 ~ (location), on the 2.Nt::>-=r\-\\)l't.S (date of the month), at s=~ b OA.M. 1<.ll[L)

/\oDD'\\-20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents

or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

Shawnee Cou ty Counselor

PROVIDER:

-76~ 23~- (\5(Q_\ (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

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

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

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

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

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

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

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

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

Title:

D1~ [2.1- 111-BOARD OF COUNTY COMMISSIONERS

SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of

SHAWNEE COUNTY

CONTRACT#(! c..flele-;?.0/7

---:-:--:~--:-::=--~-· 20_, by and between Doorstep Inc/Emergency Assistance, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Eleven Thousand Two Hundred Twenty Seven No/1 00 Dollars($11 ,227. 00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the Coun!y.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly scheduled meetings of the Board of Directors of the Provider are held at Ill r>t s V:J 10-t"-- ~@:-....L {location), on the 2.....,.1 ILA.esc.lcA.';;I (date of the month), at 12: ou A.M. .M

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

Shawnee CountY Counselor

PROVIDER:

Au orized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

(Title)

3S/-S34) (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. I 0-11 01 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. Ii1 the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

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

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

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

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

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

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

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

VENDOR/CONTRACTOR:

cZf~ a~ By:

Ex u..JJ'v-L Dirt_ c -Jo.-Title:

12-l,ln Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of _________ ,, 20_, by and between Housing & Credit Counseling/Predatory Lending & Bankruptcy, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Fifteen Thousand Two Hundred Twenty Seven No/100 Dollars ($15,227.00f) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, arid further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount from the County's General Fund To the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018 to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the cov"enants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the Coun_ty.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The r~ul~rly ~checjuled meetings of the Board of ~~to~ of the Provider are held at 1/ q Q SW l::S\AcJlQ.I\Q (\ (location), on the 3rcl W~,..~~~ of the month), at q prn A.M. ~

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

fl-1-.11 Shawnee County

PROVIDER:

(Authorized gent o the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

GQ__c_u\\\J~ D\rQ_do\ (Title)

(Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

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

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

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

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

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

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

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

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

VENDOR/CO~R: ~

[2\l~T-*=--~.e__ Q_ ~_f\ \ \,) t(_ . \ f Q_ d: ~ s.

Title:

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of

SHAWNEE COUNTY

CO:!'-,"'fPACT':',' c Y.J •. e.C(.:,)D/7

_______ , 20_, by and between Kansas Legal Services/Social Security Advocacy, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Twelve Thousand No/1 00 Dollars ($12,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund To the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

1 0. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly sciJ.e.guleL __ L , meetings of the Board of Directors of the Provider are held at @ \JbVto use _l..ht~ I Of~ (location), on the ~ \'). A:p..4l 901~4 ~ (date of the month), at l L 00 A.M.ceJti?

ru \ \"\ 20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents

or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

Shawnee Coun

PROVIDER:

::-{Mew~ ~ (Authorized Agent of the Prov1 er who is Designated as the Director under Paragraph 3 of this Agreement)

b. D i r, Jh nScJ.~· 1-wqo.O. ~t v1c£5 1 Jllc. (Title)

(Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACf C. ___ _

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

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

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

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

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

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

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

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

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

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

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

VENDOR/CONTRACTOR:

JY\ou~~ ~<M--p

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of

SHAWNEE COUNTY

CONTP L CT 1} c._ tJ~(:J.:;)O t]

_______ , 20_, by and between Kansas Legal Services/Protection Order Advocacy, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Fourteen Thousand No/1 00 Dollars ($14,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, {hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may be waived in lieu of a compilation and review at the discretion of the Financial Administrator.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten ( 1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personal required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly _ k. scheduled meetings of the Board of Directors of the Provider are held at Clvbbo l)se ~ { 0 (Ji2- tL (location), on the J G4, Sf[w, 1fJ.o

1 10/iq hs (date of the month), at I'.OD A.M. .

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does· hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

Jt_,,.,, gu1 Shawnee County ounselor

PROVIDER:

~~Q_ (AUthOriZedAgellOf the Pro'tfer who is Designated as the Director under Paragraph 3 of this Agreement)

t\. b \ffC~. ~a.J\1\sqs ~j ~vicer (Title)

(Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C ___ _

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

20 __ .

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

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

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

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

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (KS.A. 44-1 Ill et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in KS.A. 44-1031 and KS.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

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

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

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

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

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

VENDOR/CONTRACTOR:

'jQC\o [\ AiNM HO-Af By:

E tee. b j {' . ~}») Si::\.5 Aeqa I Ser "iC6' J lirx:: . Title:

Date:

I I [ i (, II 7

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of

SHAWNEE COUNTY

CONTRACT #.(.H:IIJ.:~O 17

_______ , 20_, by and between Let's Help/Emergency Services, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Twenty Three Thousand One Hundred Fifty Eight No/1 00 Dollars ($23, 158.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount from the County's General Fund To the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, {hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018 to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property havirig an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

1 0. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regu~ly sched.lyje~ meetings of the Boar9 pf Dire~~ Provider are held at '2- \.5 S • \( S "T' ..._

(location), on the L:::s-r::: /'<'-~ (date of the month), at y '-A C>, A.M.~

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

( t--, , , ~ tiJ Shawnee County ounselor

PROVIDER:

~~ (Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

'ble-c~ fJ 'l\e ~r-(Title)

)gS~ 7l(}-s '2-~2 (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION. Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. I 0-11 OJ et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year. In the event this agreement is terminated pursuant to this paragraph, County will pay to the contractor all regular contractual payments incurred through the end of such fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the contractor.

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

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

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

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

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

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

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

By: sJ(ecN~ D~ftr Title:

\\\~l((l Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

'

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of -------~' 20_, by and between Positive Connections/Medical Case Management, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Eight Thousand Two Hundred Twenty Seven No/100 Dollars ($8,227.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount from the County's General Fund To the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/1 00 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the cov'enants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and u·pon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

' 14. No officer, member or employee of the County who exercises any function or responsibilities

in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regulqdy scheduled meetings of the Board of Directors of the Provider are held at i) 0 Ll ~ uW Fi I I ~re (location), on the 4-.J..h lue.-5do y (date of the month), at f): 5') AM~.

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

11-1 ... ,, Shawnee Coun

PROVIDER:

(Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

lo5-d3)-3fOO (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

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

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

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

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

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

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

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

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

UOR/CONT~CT~Rj n • - ~ n ' ~~

By: . (;'\ ..

~~~ Title:

1~{7 /~0 II Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of :-----:---:-:------:----::--.' 20_, by and between Positive Connection/Prevention, Education, Tesing, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Twenty Thousand Two Hundred Twenty Seven No/100 Dollars ($20,227.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount from the County's General Fund To the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/100 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regul y scheduled · meetings of the Board of Directors of the Provider are held at 0 4[{ ~ (location), on the .LN..h I t...t..Q..ockl.t.t (date of the month), at · ~~

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

I\- 1 ... ,,

Shawnee Coun Counselor

PROVIDER:

<[) Ll.M ~~,Ji.u D ~ 1 0 u (tft (Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

(Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C. ___ _

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

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

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

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

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

5. ANTI-DISCRIMINATION CLAUSE. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-11 I I et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12IOI et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44-I031 and K.S.A. 44-11 I6; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

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

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

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

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

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

~~ By: . ,

~~ Title:

1~11 /0011 Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of _______ , 20_, by and between Topeka Youth Project/Jobs For Young Adults, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Six Thousnad Two Hundred Twenty Seven No/100 Dollars ($6,227.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''), or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in

·all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Direc.tors and provided an ~dvance agenda of.said meetings. The regularly tJ:eduled & meet1~gs of the Board of Directors of the Provider are held at 2 cfCJSuJ .tRt-tN'4"~ {location), on the Mir-Tot;S. (date of the month), at 4 . ..30 AM~

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

vii

PROVIDER:

7go- .::JZ-73- 'fl ~~ (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C ___ _

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

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

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

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

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

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

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

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

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

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

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

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ______ , 20_, by and between Topeka Youth Project/Youth Court, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Five Thousand No/1 00 Dollars ($5,000.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount from the County's General Fund to the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator"}, or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/100 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the CounJy.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly schedulep"' t'JII E"" meetings of the Board of Directors of the Provider are held a 9tJ/ S4J v/?..t-.1/lr;_r:l (location), on the ~9r ·/uliS: (date of the month), at "r'JO A. . .M.

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

Shawnee Coun

PROVIDER:

(Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C'----

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

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

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

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

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

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

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

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

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

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

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

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A Beck, Shawnee County Clerk

SHAWNEE COUNTY

CONTRA-~·)• F c i J -r -- . ') . <.•. ·• . .. /.1.5-:c:?- 0/7

AGREEMENT

THIS AGREEMENT, MADE and entered into this day of ______ , 20_, by and between YWCA/Center for Safety and Empowerment, hereinafter called the "Provider," and the Board of County Commissioners of the County of Shawnee, Kansas, hereinafter called the "County."

WHEREAS, the Provider desires to receive from the County, Twenty Thousand Two Hundred Thirty No/1 00 Dollars ($20,230.00) to be used in payment for providing certain specified social services during the project to commence January 1, 2018 and to continue through December 31, 2018, and further to be used only for the purpose of paying eligible budgeted expenses of the Provider, and said County has heretofore allocated this amount from the County's General Fund for such purpose.

NOW THEREFORE, the parties hereto do mutually agree as follows:

1. The County agrees to encumber the aforesaid amount from the County's General Fund To the Provider for the purposes set out above. The parties agree that the moneys of the County encumbered for the Provider shall be retained by the County to be used for the purposes set forth in the Agreement.

2. The County Auditor-Financial Administrator, (hereinafter referred to as the "Financial Administrator''}, or the County's designee shall audit the quarterly expenditures of the provider made pursuant to this Agreement, and shall determine the amounts eligible for reimbursement or other payment.

3. The Provider agrees to appoint a Project Director, hereinafter to be known as "Director," who shall be responsible to the County for the expenditures of all moneys paid by the County to the Provider, and who shall be the agent of the Provider who shall be response be for signing this Agreement on behalf of the provider.

4. The Provider agrees that all expenditures of County moneys will be made by proper documents submitted to the Financial Administrator according to forms and procedures established by the Financial Administrator.

5. Payments under this Agreement will be made as follows: one-fourth (1/4/) of the total amount shall be paid on or before the fifteenth (15th) of the first month of each quarter during the year 2018 or such other payment arrangements as approved by the Financial Administrator. Within thirty (30) days after each quarter, the Provider will submit a quarterly documentation of expenditures made under this Agreement to the Financial Administrator. Such quarterly documentation of expenditures must be submitted to the Financial Administrator prior to the Provider being eligible for subsequent quarterly payments. If an expenditure is not allowed by the Financial Administrator, the next quarter's payment shall be reduced accordingly.

6. The Provider will submit an audited financial statement for the year of allocation to the Financial Administrator. In the addition, the Provider will submit an audited financial statement for the Provider's prior year no later than June 30, 2018, to the Financial Administrator. The audited financial statements requirement may at the discretion of the Board of County Commissioners, be waived in cases of financial hardship.

7. The Provider, by signing this Agreement, certifies that it has received no funding or reimbursement, and will receive no funding or reimbursement, from other sources for the particular property or services or portion thereof for which it is receiving funding under this Agreement. All reports received by the County pursuant to this Agreement are subject to forwarding by the Financial Administrator to other funding sources of this Provider.

8. The parties mutually agree that no expenditure of County funds shall be made except as specified in the budget or amended budget submitted by the Provider and approved by the County, attached hereto as Appendix "A", and incorporated into this Agreement as if fully set forth herein.

9. The Provider agrees that all purchases of all real property, and purchases of personal property having an initial cost of Five Hundred and No/1 00 Dollars ($500,00) or more and an expected life of three (3) years or more, made with County funds, must be approved ten (1 0) days in advance of the purchase by the County. It is further agreed that all real property and personal property having an initial cost of Five Hundred and No/1 00 Dollars (500.00) or more, and an expected useful life of three (3) years or more, shall be titled in the name of the Board of County Commissioners of the County of Shawnee, Kansas, and returned to the County no later than thirty (30) days following the completion of the project or termination of County funding to the Provider.

10. The parties agree that the County shall have absolute and unqualified authority to terminate funding by the County at any time for any violation of the terms of this Agreement, or if the Provider shall fail to fulfill in a timely and proper manner the obligations of the Provider under this Agreement, or if the Provider shall violate any of the covenants, agreements or stipulations of this Agreement, or if the Provider shall be found to have included, knowingly or unknowingly, misstatements of fact in its application for County assistance or attachments thereto, including but not limited to the specification of services to be performed and the Provider's access to funds from sources other than the County or if the County shall after careful scrutiny of the project determine that the effectiveness of the project is not sufficient to merit its continuation and upon approval of the County said Agreement shall be canceled and all unexplained funds shall be returned to the County by the Provider within thirty (30) days following the notification of the Provider of said action by the County.

11. The Provider represents that it has, or will secure, all personnel required to perform the services under this Agreement. Said personnel shall not be employees of or have any contractual relationship with the County.

a. All of the services required by this Agreement will be performed by the Provider or under its supervision; all personnel engaged in the work shall be fully qualified; and shall be authorized under state and local law to perform such services.

b. None of the work or services covered by this Agreement shall be subcontracted except as agreed to by the County.

12. The County may require changes in the scope of services of the Provider to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between the County and the Provider or which may be required by the County hereunder, shall be incorporated by written amendments to this Agreement.

13. In carrying out the terms and provisions of this Agreement, the Provider will not discriminate against any employee, applicant for employment, recipient of service or applicant to receive services because of race, color, religion, sex, age, physical handicap or national origin. The Provider shall take affirmative action to insure that applicants for employment, employees, applicants for service and recipients of service are treated equally and fairly without regard to their race, color, religion, sex, age, physical handicap or national origin. The Provider shall, in all solicitations or advertisements for employees, or of services, placed by or on behalf of the Provider state that all qualified applicants shall receive consideration for employment or services, without regard to race, color, religion, sex, age, physical handicap or national origin. They shall also state in any such advertisement that funds for the services are furnished in whole or in part by the County.

14. No officer, member or employee of the County who exercises any function or responsibilities in the review or approval of the undertaking .of the terms of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

15. The Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation; provided, however, that claims for money due or to become due to the Provider under this Agreement may be assigned to a bank, trust company or other financial institution upon written consent of the County thereof.

16. The Provider convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

17. All reports, records and other documents completed as a part of this agreement shall carry the following notation on the front cover or a title page:

The preparation of this report, record, document etc., was financed in part through the use of funds provided by Shawnee County, Kansas.

18. No reports, records or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of the Provider or any of his or her employees.

19. The Financial Administrator and the County Counselor shall be ex officio non-voting members of the Board of Directors of the Provider and shall be notified of all meetings of the Board of Directors and provided an advance agenda of said meetings. The regularly scheduled . k,.a meeti~gs of the Board of ,Directors of the Provider are held at 7.-2 $ kJ t~& T~~ • (location), on the 3 .ll. vL "-t'ht.vrG.ol ~ {date of the month), at t-l · 't::. A.M.~

20. The Provider agrees to hold harmless and indemnify the County and any of its officers, agents or employees from any and all liability for claims or causes of action of any person, firm or corporation, or of any entity for damages of any type whatsoever that might be sustained by virtue of any activities carried out by the Provider.

21. The Provider agrees to allow access by the County or its agents to all its financial and project records, and to provide all necessary supporting data and programmatic reports as requested by the County for a period of two (2) years after completion of this Agreement, and does hereby guarantee that the Provider will cover and be responsible for any deficiencies in services performed or funds expended from funds granted under this Agreement.

22. By the signature of the representative of the Provider below, he/she represents that he/she is authorized by the Provider to sign this Agreement on behalf of the Provider and to legally bind the Provider hereby.

IN WITNESS WHEREOF, the County and Provider have executed this Agreement as of the date first above written.

ATTEST:

County Clerk

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Chairman

APPROVED AS TO LEGALITY AND FORM:

Shawnee County ounselor

PROVIDER:

~cv--~ (Authorized Agent of the Provider who is Designated as the Director under Paragraph 3 of this Agreement)

(Title)

7--8 s-- / Z-3 :3 ~ /7 su ~ &Z-0 (Work Phone Number)

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT C ___ _

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

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

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

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

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

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

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

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

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

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

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

VENDOR/CONTRACTOR:

¢6~~ By: .

GC-u Title:

Date:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Michele A. Buhler, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

Shawnee County

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

785-251-6101 FAX 785-251-4920

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

COUNTY ENGINEER

MEMORANDUM

Date: December 12, 2017

To: Board of County Commissioners for CONSENT AGENDA

From: Thomas F. Flanagan, P.E. ~fYYIA~--_}:_}JOAA...c i&'YV-Deputy Director of Public Works J

Re: Permanent Utility Easement Sterling Chase Subdivision No. 1 Project No. S-601010.00

Jon Rollenhagen, Living Trust and Charles F. Dultmeier Living Trust, does for itself, its heirs and assigns, hereby grants unto the County a permanent utility easement along all the following described real estate: The South 24 feet ofthe North40 feet of Lots 1, 2, 3 and4, BlockJ, and the South 12 feet of the North 40 feet of Lots 5, 6, 7 and 8, Block J, and the East 8 feet of the North 62 feet of said Lot 8, Block J, all in Sterling Chase Subdivision No. 1, Shawnee County, Kansas.

This Permanent Utility Easement is being granted by the owner at no cost to the County.

It is the recommendation of the Shawnee County Department of Public Works that this grant of permanent utility easement to the County be accepted and recorded in the Register of Deeds.

attachment

TO:

OFFICE OF THE DISTRICT ATTORNEY THIRD JUDICIAL DISTRICT OF KANSAS

Michael F. Kagay, District Attorney

MEMORANDUM

Board of County Commissioners

FROM: Michael F. Kagay, District Attorney Mr.-

DATE: December 13, 2017

RE: Request for Diversion Fund Payments

The District Attorney's Office wishes to pay the following invoices from their Diversion Fund account:

1) Clerk, United States District Court for certified records a) Invoice dated November 29, 2017 in the amount of$23.30

2) Independent Stationers for office supplies a) Invoice No. 25783 7 dated December 5, 2017 in the amount of $278.07 b) Invoice No. 258297 dated December 7, 2017 in the amount of$25.50 c) Invoice No. 258302 dated December 7, 2017 in the amount of$55.74 d) Invoice No. 258561 dated December 8, 2017 in the amount of$2.35

3) Office Depot for office supplies a) Invoice No. 986585482001 dated December 5, 2017 in the amount of$248.52

4) Shawnee County for Notary Filing Fee a) Invoice dated December 11, 2017 in the amount of$25.00

5) Thomson West for monthly Westlaw ClearPlus and Westlaw [Approved by the BCC on 12/22/14] a) Invoice No. 837271059 dated December 1, 2017 in the amount of $197.00 b) Invoice No. 83 7278052 dated December 1, 2017 in the amount of $2,7 41.89

6) Verizon Wireless for telephone, data charges and equipment for November 2017 [Approved by the BCC on 10/9/14- Contract #C361-2014] a) Invoice No. 9797267763 dated December 1, 2017 in the amount of $1,647.28

7) Westside Stamp for a notary stamp a) Invoice No. 168095 dated December 9, 2017 in the amount of $20.00

The District Attorney's Office hereby requests placement on the consent agenda for consideration of the above itemized invoices, in the total amount of $5,264.65, to be paid from the Diversion Fund account.

Shawnee County Courthouse 200 SE 7th Street, Suite 214 • Topeka, Kansas 66603 • (785) 251-4330

UNITED STATES DISTRICT COURT DISTRICT OF KANSAS 490 US COURTHOUSE 444 SE Quincy Topeka, KS 66683 785-338-5400

To:

Shawnee County District Attorney

200 SE 7th St. - Room 214

Topeka KS 66603-3971

DATE REQUESTOR CASE NO.

11/29/17 Certification 13-40115

11/29/17 Copy 13-40115

11/29/17 Copy 13-40115

-I

STATEMENT 11/29/2017

I -

NO. OF PAGES ACCT. CODE AMOUNT

2 Pleadings $22.00

7 $0.70

6 $0.60

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00.

$0.00

$0.00

$0.00

PLEASE MAKE CHECKS PAYABLE TO "CLERK, US DISTRICT COURT" AND RETURN WITH ORIGINAL

PLEASE PAY THJS AMOUNT I STATEMENT. PLEASE DIRECT ANY QUESTION~ $23.30 REGARDING THIS STATEMENT TO msb I

Local Delivery Provided By: SALES INVOICE OFFICE PLUS OF KANSAS

Remit Independent Stationers, Inc. To: 5600 N River Road,--Suit-e-7-00-­

lnvoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

IACCT. NO. Sales Order No. CUSTOMER PO

L- ~7

PNWitem Customer 10:

UNV10630

PNW187344 000000

Description

PAD,LGLRULED,PERF,LTR,CA

Per TCPN Contract# R 141701

OFX00020G CREAMER,NON DAIRY

OFX00019G FOOD,SUGAR,CANISTER

UNV83410 TAPE,. 75X1 0006ROUPK, CR

Per TCPN Contract# R141701

UNV79000VP STAPLES, CHSEL PT,25TH/PK

Per TCPN Contract# R141701

UNV15262 POCKET,FILE,LTR,STR,5.25"

PerTCPN Contract#R141701

UNV21200 PAPER,XERO/DUP,WELTR,20#

4 Adult -1 JV

Core Contract Item

KCC93060 SANITIZER,HAND,INSTANT,8

Transferred to page 2 .............................. ..

Ord Qty

2 DZ

1 PK

1 PK

2 PK

1 PK

2 BX

5 CT

4EA

Sales Invoice Number: SI00257837

Sales Invoice Date: 12105/17

Page: 1

Ordered By: Kathy Beach

Ship DISTRICT ATIORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATIORNEY

TOPEKA, KS 66603

59

DEPARTMENT

Ship Qty Unit Price

2 DZ 10.10

1 PK 7.13

1 PK 7.63

2 PK 4.54

1 PK 4.89

2 BX 8.20

5 CT 38.22

4EA 5.41

DUE DATE

01/04/18

Total Price

20.20

7.13

7.63

9.08

4.89

16.40

191.10

21.64

278.07

0 indep·. endent Local Delivery Provided By: . OFFICE PLUS OF KANSAS

SALES INVOICE

$1;ol~l(l0l(;!f$

Remit Independent Stationers, Inc. To: 5600· N River-Reacl.,Su ite-7-oo

Invoice Questions: 847-261-0052 Rosemont, IL 60018 · Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

fACCT. NO. Sales Order No. CUSTOMER PO r

i7 PNW187344 000000

PNWitem Customer ID:

Description

Transferred from page 1 ........................... .

Amount Subject to Sales Tax

0.00

(End of Report)

item AJMOH9AJBXWH remove

Amount Exempt from Sales Tax

278.07

Ord Qty

Sales Invoice Number: SI00257837

Sales Invoice Date: 12/05/17

Page: 2

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach 200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

DEPARTMENT

Ship Qty Unit Price

Subtotal:

Total Sales Tax:

Total:

DUE DATE

01/04/18

Total Price

278.07

278.07

0.00

. 278.07

Local Delivery Provided By: SALES INVOICE 0 independent OFFICE PLUS OF KANSAS

sta~uJnE;rs

Sales Invoice Number: 5100258297

Remit Independent Stationers, Inc. Sales Invoice Date: 12/07/17 To: -- 5600-N-RiverRoad,-Suite-700------ ------------- ----------------------- ---------- --­

Invoice Questions: 847-261-0052 Rosemont, IL' 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

!ACCT. NO. Sales Order No. CUSTOMER PO I

PNW187585 000000

PNWitem Description Customer ID:

AJMPP9GREWHP PLATE,9" PAPER,WHT

Amount Subject to Sales Tax

0.00

(End of Report)

Amount Exempt from Sales Tax

25.50

Orcl Qty

5 PK

Page: 1

Ordered By: Kathy Beach

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

DEPARTMENT

Ship Qty Unit Price

5 PK 5.10

Subtotal:

Total Sales Tax:

Total:

DUE DATE

01/06/18

Total Price

25.50

25.50

0.00

25.50

Local Delivery Provided By: SALES INVOICE OFFICE PLUS OF KANSAS

Remit Independent Stationers, Inc. To:· 5600 N-R~ver-Road.,..Suit-e-7-00---­

lnvoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

--· --

!ACCT. NO. Sales Order No. CUSTOMER PO L_

PNW187962 000000

PNWitem Description Customer 10:

ACM90015 ASPIRIN,IBUPROFEN,ST.VINC

PerTCPN Contract# R141701

UNV08861 HILIGHTER,DESK,FYW

Per TCPN Contract# R141701

UNV08864-. HI LIGHTER, DESK,FBE

Per TCPN Contract# R141701

UNV10630 PAD,LGLRULED,PERF,LTR,CA

Per TCPN Contract# R141701

FEL21106 COPYHOLDER,8.5X11,BK

PerTCPN Contract# R141701

Amount Subject to Sales Tax

0.00

(End of Report)

Amount Exempt from Sales Tax

55.74

Ord Qty

1 BX

1 DZ

1 DZ

2 DZ

1 EA

Sales Invoice Number: SI00258302

Sales Invoice Date: 12/07/17 ·-· ... .. .. - ---· ..

Page: 1

Ordered By: Kathy Beach

L<

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATTORNEY

TOPEKA, KS 66603

DEPARTMENT DUE DATE

01/06/1B

Ship Qty Unit Price Total Price

1 BX 14.97 14.97

DZ

1 DZ 5.17 5.17

2 DZ 10.10 20.20

1 EA 15.40 15.40

Subtotal: 55.74

Total Sales Tax: 0.00

Total: 55.74

·-. --

Local Delivery Provided By: SALES INVOICE 0 indep· endent

OFFICE PLUS OF KANSAS

!/li;OI~IPf!SfS Sales Invoice Number: 5100258561

Sales Invoice Date: 12/08/17 Remit Independent Stationers, Inc. To: 5600N River Road;·Suite-t-ae~------ -·-- --------- -------- ----- -

Page: 1 Invoice Questions: 847-261-0052 Rosemont, IL 60018 Contract No.: R141701 800-231-9848

Sold SHAWNEE COUNTY

To: 200 SE 7TH ST

TOPEKA, KS 66603

!ACCT. NO. Sales Order No. CUSTOMER PO

PNW187962 oooooo· I ·r:

PNWitem Customer 10:

Description

ACM90015 ASPIRIN,IBUPROFEN,ST.VINC

Per TCPN Contract# R141701

UNV08861 HILIGHTER,DESK,FYW

Per TCPN Contract# R141701

UNV08864 HILIGHTER,DESK,FBE

Per TCPN Contract# R141701

UNV10630 PAD,LGLRULED,PERF,LTR,CA

PerTCPN Contract# R141701

FEL21106 COPYHOLDER,8.5X11,BK

Per TCPN Contract# R141701

Amount Subject to Amount Exempt Sales Tax from Sales Tax

0.00 2.35

(End of Report)

Ord Qty

1 BX

1 DZ

1 DZ

2 DZ

1 EA

Ordered By: Kathy Beach

(

Ship DISTRICT ATTORNEY

To: Kathy Beach

200 SE 7TH RM 214

DISTRICT ATIORNEY

TOPEKA, KS 66603

DEPARTMENT

59

Ship Qty Unit Price

BX

1 DZ 2.35

DZ

DZ

EA

Subtotal:

Total Sales Tax:

Total:

DUE DATE

01/07/18

Total Price

2.35

2. 35

0. 00

2. 35

Office DEPOT.

FEDERAL ID:59-2663954

Office Depot, Inc PO BOX 630813 CINCINNATI OH 45263-0813

ORIGINAL INVOICE 10000

THANKS FOR YOUR ORDER IF YOU HAVE ANY QUESTIONS OR PROBLEMS. JUST CALL US

FOR CUSTOMER SERVICE ORDER: (888) 263-3423 FOR ACCOUNT: (800) 721-6592

INVOICE NUMBER AMOUNT DUE PAGE NUMBER 986585482001 248.52 Pa e 1 of 1 1

INVOICE DATE TERMS PAYMENT DUE l __ .. _ ·--- _ .. _________ -------· -L-----=:05:...:-D::.:E::.:C-:_1.:...:7 __ --~. _ __:.N;.;;;et:..:3;.;;;0_--l-_ _;0:..:6-...;;J:..:AN;..:,-~18::......~-J

I

BILL TO: SHIP TO: I

.. ---···· I BILLTfllt::

ATTN: ACCTS PAYABLE ~ SHAWNEE CNTY DA E 200 SE 7TH ST STE 214 ~ TOPEKA KS 66603-3933

g I.U ... II ... II •• II ..... II ... II.I.I .... II ••• IJ .. II ••• I •• I ... JII

····-.BER PURCHASE ORDER SHIP TO ID 1 oooooo DA

ID jACCOUNT MANAGERJ RELEASE ORDERED BY I J KATHY BEACH

SHAWNEE CNTY DA 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933

ORDER NUMBER ORDER DATE s I P D DATE 986585482001 104-DEC-17 jO 5-DEC-17 DESKTOP 1 c_osT . c~ NTER

I CATALOG ITEM til I DESCRIPTION/ .

I U/M

I QTY I QTY I QTY I UNIT EXTENDED MANUF CODE CUSTOMER ITEM f1 ORD SHP B/0 PRICE PRICE

606043 TABLE,FLDNG,PLASTIC,24X48 81802 606043

All amounts are based on USD currency

EA

SUB-TOTAL

DEUVERY

SALES TAX

TOTAL

4 4 0 62.130 248.52

248.52

0.00

0.00

248.52 To retum supplies, please repac;k in original box and insert our packing list, or copy of this invoice. Please note problem so we may issue cr-edit or replacement, whic;hever you prefer. Please do not ship collect. Please do not retum fumiture or mac;hines until you c;all us first for instructions. Shortage or damage must be reported within 5 days after delivery.

CUSTOMER NAME

SHAWNEE CNTY DA

Please Send Your Check to:

BILLING ID

FLO

OFFICE DEPOT PO Box 660113 Dallas TX 75266-0113

DETACH HERE

INVOICE NUMBER

986585482001

INVOICE DATE

05-DEC-17

INVOICE AMOUNT ENCLOSED AMOUNT f------

248.52

002324481 9865854820013 00000024852 1 3

Please return this stub with your payment to ensure prompt 17edit to your account

Please DO NOT staple or fold. Thank You.

00001/00001

Customer

SHAWNEE COUNTY 200 SE 7th, Room 107 Topeka, Kansas 66603

Dept.: District Attorney Contact: Kathy Beach Address; 200 SE 7th Street Phone: 785-251-4390

Qty Description Notary Filing Fee (Please list each individual's name)

1 Sarah Powell

Please print this forni and line code it to vendor V000186. Then return it to the County Clerk's Accounting Division.

Effective September 1, 2003 the notary filing fee increased to I $25.00

-------------------~~~--~-11-Dec-17

INVOICE ~

Unit Price TOTAL

$25.00 $25.00

SubTotal L,_ __ __,_$2~5:.;;..0.;..;;0;....~

TOTAL ~....1 --~$2=5.=00.;;.....~j

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.

I l

I i

_j 1

i ~ f

I ! I I i ! ! \ I

i '

I (

I I f

J [ !

' i t I ! i i I

ACCT#

-IN¥0ICE-#-S3n7-1059-·- - -- -

DESCRIPTION

WEST INFORMATION CHARGES

IMPORTANT NEWS

SHAWNEE COUNTY DISTRICT ATTORNEY 200 SE 7TI{ ST TOPEKA KS 66603-3922

---WEST-INF0Rl\f:A:TION-.€HARGE-5-INVOieE--·- -· NOV 01, 2017 - NOV 30, 2017

CHARGE

IN USD

"197.00

··· ·- -- ·-·--·-- --·-- ·- --PAGE- ·- ··· 1

tAX TOTAL CHARGE

IN USD INUSD

0.00 197.00

TIME SAVING TIP: You can now find answers 24/7 to commonly asked customer service questions online at legalsolutions.com/support. Find information on account maintenance, billing, returns, refunds, OnePass, orders, subscriptions, contracts and more.

FOR Bll.LING INFORMATION CALL

1-800-328-4880

INVOICE#

INVOICE DATE

ACCOUNT#

VENDOR#

VAT REG#

AMOUNT DUE IN USD

DUE DATE

837271059

12/0112017

41-1426973

EU826006554

197.00

12/3112017

AMOUNT ENCLOSED IN USD ----

1000346770

RETURN BOTTOM PORTION WITH PAYMENT

Thomson Reuters - West Payment Center P.O. Box 6292

WEST INFORMATION CHARGES NOV 01, 2017 - NOV 30, 2017

Carol Stream, IL 60197-6292

SHAWNEE COUNTY DISTRICT ~TTORNEY . 200 SE 7TH ST TOPEKA KS 66603-3922

A

0837271059 0000000000000000000000 20171201 ZCPG 000019700 0010 1000346770 4

3.

~

ACCT#

.. {~~~~} THOMSON REUTERS

INVOICE # 837278052

~ • • • ·/".1 I;''! •11' r ... , ;:;~j_;

DESCRIPTION

WEST INFORMATION CHARGES

SHAWNEE COUNTY DISTRICT ATTORNEY SHAWNEE COUNTY COURTHOUSE 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933

WEST INFORMATION· CHARGES INVOICE NOV 01, 2017 - NOV 30, 2017

CHARGE

IN USD

2,741.89

TAX

IN USD

0.00

PAGE 1

TOTAL CHARGE

IN USD

2,741.89

IMPORTANT NEWS . . TIME SAVING TIP: You can now find answers 2417 to commonly asked customer service questions online at legalsolutions.com/support. Rnd information on account maintenance, billing, returns, refunds, OnePass, orders, subscriptions, contracts and more.

FOR BILLING INFORMATION CALL

1-800-328-4880

INVOICE#

INVOICE DATE

ACCOUNT#

VENDOR#

VAT REG#

AMOUNT Dli'E IN USD

DUE DATE

837278052

12/01/2017

41-1426973

EU826006554

2,741.89

12/3112017

AMOUNT ENCLOSED IN USD ----

1000589558 A

RETURN BOTTOM PORTION WITH PAYMENT

Thomson Reuters - West Payment Center P.O. Box 6292

WEST INFORMATION CHARGES NOV 01, 2017 - NOV 30, 2017

SHAWNEE COUNTY DISTRICT ATTORNEY SHAWNEE COUNTY COURTHOUSE

Carol Stream, IL 60197-6292 200 SE 7TH ST STE 214 TOPEKA KS 66603-3933

0837278052 0000000000000000000000 20171201 ZCPG 000274189 0010 1000589558 1

2

g

verizon"' P.O. BOX 4002 ACWORTH, GA30101

0000725 08 MB 2.217 -AUTO TO 0 6801 66603-393364 -C24-P00725-I1

IIIIIII'IIIIIIIIIII••I•JJIIu•IIJI•JIIl.jJII•IIJIIII•IIII•JIIIIII SHAWNEE COUNTY DISTRICT ATTORNEY 200 SE 7TH ST STE 214 TOPEKA, KS 66603-3933

verizon"' SHAWNEE COUNTY DISTRICT ATTORNEY 200 SE 7TH ST STE 214 TOPEKA, KS 66603-3933

Change your address at http://sso.verizonenterprise.com

Account Number

Invoice Number

Quick Bill Summary Nov 02 - Dec 01

Previous Balance (see back for details) No Payment Receivetl

Balance Forward Due Immediately

Monthly Charges Usage and Purchase Charges

Voice Messaging Data

Surcharges and Other Charges & Credits

Taxes, Governmental Surcharges & Fees Total Current Charges Due by December 24, 2011

Total Amount Due

Bill Date Account Number Invoice Number

Total Amount Due

December 01, 2017

9797267763

$1,647.28 $.00

$1,64728

$1,561.98

$.00 $.00 $.00

$63.70 $21.60

$1,64728

$3,294.56

Make check payable to Verizon Wireless. $3 294 56 Please return this remit slip with payment , •

$D,DDD.DD P.O. BOX25505 LEHIGH VALLEY, PA 18002-5505 .

''ltll•'lll•l•ltttl••ll'tl•tnltltlti'I'U'III•I''I•I''•I•'I•'t'•

97972677630106870888520000100000164728000003294567

/

ESTSIDE -STAMP & AWARDS-

2030 SW Fairlawn Rd Topeka1 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

Kathy Beach

P.O.#

Description

Invoice Date Invoice#

12/9/2017 168095

Terms File

Net 15 file

Amount 1 20.00 PSI 1854 Stamp- Notary 20.00

Sarah Powell

• tPow~l ~

NOTARY PUBL -STATE OF KANSAS MYAPPTEXP

VV?stS de_ Stamp & A\v~ rrasf Inc .. DEC ~ 1 2017

RRrv trnr ... mb ~~~.!..ill v .QU tlr

Subtotal $20.00

Sales Tax (0.0%) $0.00

Total $20.00

Payments/Credits $0.00

Balance Due $20.00

TO:

FROM:

DATE:

RE:

Shawnee County

Office of County Clerk CYNTHIA A. BECK

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

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

M E M 0 R A N D U M

Board of County ~~~issioners

Cynthia A. Beck~unty Clerk

December 13, 2017

2018 Insurance Coverage

Please consider the proposal from Willis of Greater Kansas Inc. for Shawnee County's 2018 insurance coverage.

The coverage includes property (commercial, equipment and crime), boiler and machinery, automobile, above ground storage tank and excess workers' compensation. Optional flood, earthquake and cyber crime coverage quotes are listed on page 5 of the proposal.

Brian Haston will be present at the Commission meeting to answer any questions the Commission may have.

Thank you.

CAB/clh

cc: Brian Haston Willis of Greater Kansas Inc.

Insurance Proposal

Prepared For

Shawnee County Board of Commissioners

Policy Term: 01/01/2018 to 01/01/2019

Presented On: 12/18/2017

Willis Towers Watson l.t•t•l.l Shawnee County Board of Commissioners Premium Comparison

Coverage Expiring Comm Option 1 Change

;Total Property Premium $329,095.00 15.00% $341,748.00 3.84% "~~ ---~ .-,-.-- .,... "---~-·~

... ,T9!aJQc:HlllllE)rciaJ G€lneraJ Liability flr~rnium .$I:Jo{§9 ··---- ~J..J04.0Q -· -·---·

20.00% - 0.00% ·---·· -----Total Business Auto Premium : $262,539.00 10.00% $279,718.00 6.54%

--- --·-----· - .

$760.00 15.00% $760.00 0.00%

Total Workers Compensation Premium ' $138,710.00 15.00% $156,773.00 13.02% ---- ·--,~...,...,.----· -- ·----

:Total Crime Premium $2,155.00 22.50% $2,359.00 9.47% ----·· --·--- --· ·-

Total Commercial Package Equipment Floater Premium 15.00% $16,212.00 ·9.67%

.Total Equipment Floater Premium $10,030.00 15.00% $3,765.00 -62.46%

Total Program Premiums $762,340.00 $802,439.00 4.58%

Information provided is only a brief outline of the policy. Refer to the actual policy tenns & conditions for a determination of CQver<~ge. ® 2017 Willis Towers Watson. All rights reserved. Proprietary and Confidential. For Willis Towers Watson use only.

Page 2

WillisTowersWatson 1.1•1•1.1 Shawnee County Board of Commissioners Premium and Exposure Comparison

. . Change from % Change Coverage 2017-2018 Expnmg 2018-2019 Renewal E . . f E ..

xpmng rom xpmng

Property -------------------------·--· ··=·--:----:::-----;----:-- l--l::c----,---=---,,.--,--· Parent Come_§!l:l_Y..________________________ Travelers Companies Inc Travelers Companies Inc ·------

Travelers Property Travelers PropertY -------· --·------

Casualty Insurance Casualty Insurance Underwriting Company______________ Company Company Total Values l------:;$:::3-:::-06:;:.,~54':-:1~.47::'94~1--l------;;;$-:::-31::-:2:::,6~9::;3c:;,7;:;3~71 -""$6:::-.:-15;::2~,2;:-4:::3:-:.o:::o:l---~2:::-_-:::-o1=% Average Rate $0.107 $0.109 $0.002 1.87% Premium . $3?~.09_5 -l----_____ --:$.-::_3:-:_:471.~7470_8:e-,o~o"_ --__ -.:-$::-:1_2::-',6=:5=:::3:::,0:::()I---·-::3-=::.8:-74°5Yo

• I • I I ' ~ ~ ~:tU I I I : ~lif/.l!

Commercial General Liability'-------------l---::-:--:------,-=----:-- -li--=---,---:-:-:,-----:--t------t------t Parent Com~y Cincinnati Companies _ 1_...;C::;i,:;n;:.;ci_;_;n:.;;na:::t:.,i C7 o;:.;m.:..:c.pa:::n-'-ie::;so1 ______ !-------

Cincinnati Insurance Cincinnati Insurance Underwriting_ Compant-______________________________________________ Qg~P~!:'Y _ ________ Campa~ -·-··-·---· ·--------Exposures ----------------- ______ 1 ·:::-;:;-;';11 ______

11 _____ _

Premium $1,089.00 $1,089.00 Terrorism ·(including apPlicable taxes aiid fees)------- ---------$15.00 ---- ------·--$15.00 ------- -------

Total Commercial General Liability Premium $1,104.00 $1,104.00 Business Auto

Parent Come_§!l:l_).' __ -------·-----··~,.,..~---~~--- ............., ....... ~ . .,---·-·---· -· ·-----Travelers Group ------·· Travelers Group -· -----Travelers Indemnity --

Travelers Indemnity Underwriting Company Company of America - Company of America

_ _§posure- Number of Power Units 495 550 55.00 ___ 1_1.11% __fb_Y.sical Damage Exposure - Value (Based on 43 UnitsL ==---· $~~548,056

-···---· $5,325,269 --=$1,222, 787.00 -18.67% -

_ Average Rate Per Power Unit (Premium/Power Uni~--- -----·---- $471.51 . $485.86 $14.350 3.04% Physical Damage Average Rate per Power Unit

$0.445 $0.235 -$0.210 -47.19% _ _jPremium/Power Units)

Premium $262,539.00 $279,718.00 $17,179.00 6.54% . : . . • II :II 'II .. Commercial Umbrella

Parent Comeany ------------------ -----Cincinnati Companies - Cincinnati Companies Cincinnati Insurance Cincinnati Insurance

Underwriting Company Company Company Premium $750.00 $750.00 Terrorism (including applicabletaxes and fees) $10.00 $1().QO .. . . . . .11{11 .1 II

Workers Compensation

- Parent Company Tokio Marine Group Tokio Marine Group Safety National Casualty Safety National Casualty

Underwriting Compan:t Corporation Corporation ~posure- Estimated Pa_yroll ______ .. _________ -------$47,309,054 $50,572,054 $3,263,000.00 6.90% ..

Average Rate $0.293 $0.31 $0.017 5.8% - ---Premium $138,710.00 $156,773.00 ____ _118,0§_.00 ___ 13.02% Minimum Earned Premium---------------------·------- --------$131,775 - ···--- $148,934.00 $6,157.00 4.67% Auditable Yes Yes ..... - .....

Total Workers Compensation Premium $138,710.00 $156.773.00 $18,063.00 13.02%

Premium Total Crime Premium

Information provided is only a brief outline of the policy. Refer to the actual policy terms & oonditions for a detenninatioo of ooverage. © 2017 Willis Towers Watson. All rights reserved. Proprietary and Confidential. For Wilfis Towens Watson use only.

Page 3

WillisTowersWatson 1.1111 1.1 Shawnee County Board of Commissioners Premium and Exposure Comparison

. . Change from % Change Coverage 2017-2018 Exp~r~ng 2018-2019 Renewal E . . f E ..

xp~r~ng rom xp~r~ng

~qulpment Floate!J?.P-ecific£~et Ph¥_~icai_Damag.!!_) __ ·-··--·---·-··-··---- . Parent Come§_ny ------- White Mountains Grou12

.. -wlliie-iiiioUriiains Group ·~-----···----·--- ·------·

Atlantic Specialty Atlantic Specialty Underwriting Company Insurance Compan}' Insurance Company Exposure ------ $6,282,610 $2,215,119 -$4,067,491.00 - -64.74% Average Rate $0.160 $0.170 $0.010 6.25% Premium $9,738.00 $3,655.00 -$6,083.00 -62.47% ---- ------Terrorism (includinfUY?plicable taxes and fees) $292.00 $110.00 -$182.00 -62.33% Minimum Earned Premium $5,000 Auditable ··-·--·-----·---------------·-- -·····--·-ves-=-annua:il . -·-·-----·---·~9.2 ____ jl2,500.0() _ _, ___ _-50.00!~

Yes -annually y Total Equipment Floater Premium $10,030.00 $3,765.00 -$6,265.00 -62.46%

Total Program Premiums $762,340.00 $802,439.00 $35,137.00 4.58%

Information provided is only a brief outline of the policy. Refer to the actual policy terms & conditions for a detennination of coverage. @ 2017 Willis Towers Watson. All rights reserved. Proprietary and Confidential. For Wilfis Towers Watson use only.

Page 4

WillisTowersWatson 1.1•1•1.1 Shawnee County Board of Commissioners Direction for Binding

Please review this proposal and advise of any changes or questions you may have. To request the binding of coverage, please complete and sign the following or contact me with your binding instructions.

Please bind the coverage:

Bind Coverage Carrier Option Premium TRIA Accept

D Property Travelers

Option 1 $341 '7 48.00 Included Companies Inc

D Commercial General Cincinnati

Option 1 $1 '104.00 Included Liability Companies

D Business Auto Travelers Group Option 1 $279,718.00 Included

D Workers Compensation Tokio Marine

Option 2 $156,773.00 Included Group

D Commercial Umbrella Cincinnati

Option 1 $760.00 Included Companies

D Crime Travelers Group Option 1 $2,359.00 Included

D Commercial Package Travelers

Option 1 $16,212.00 Included Equipment Floater Companies Inc

D Equipment Floater White Mountains

Option 1 $3,765.00 Included Group

Other Coverages for Consideration- Subject to Underwriting, Quoting and Binding Yes

Flood Limits of $5 Million ($50,000 Deductible), $2,5 Million ($50,000 Deductible) and $1 Million ($1 00,000 Deductible). List of locations covered, limits, deductibles and D locations excluded provided to Clerks office. $30,000 Estimated annual premium. $5,000,000 Earthquake Limit, $50,000 Deductible- $10,000 Estimated annual premium.

D

Crime- Social Engineering Fraud $100,000 Limit, $5,000 Deductible - $76.00 D additional premium Crime- 3 Year Prepaid (Includes Social Engineering Fraud) - $6,939.00 D Crime- 3 Year- Annual Installments (Includes Social Engineering Fraud) - $7,305.00 D

Shawnee County Board of Commissioners

Signature Date

Title

Printed Name

Policy Fee

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

No

D

D

D

D

D

lnftHTTlation provided is only a brief outline of the policy. Refer to the actual policy terms & conditions for a determination of covera9E1. ~ 2017 Willis Towers Watson. All rights reserved. Proprietary and Confidential. For Wilfls Towers Watson use only.

Page 5

Willis Towers Watson 1.1•1•1.1 Shawnee County Board of Commissioners

Brian Haston Vice President

Jan Mason Account Executive

Debra Baldwin Client Manager

Erin Dunn Braking Specialist

Claim Advocate Group Claims

Certificate Center & Auto ID Cards Certificates & Auto ID Cards

K) (913) 344-2507 !;!) (913) 488-6340 s) [email protected]

K) (785) 235-7923

s) [email protected]

B) (785) 235-7922

s) [email protected]

B) (913) 498-4429

~) [email protected]

X) (877) 883-2678

18) [email protected]

X) (877) 945-7378

18) [email protected]

Information provided is only a brief outline of the policy. Refer to the actual policy terms & conditions for a determination of coverage. © 2017 Willis Towers Watson. All rights reserved. Proprietary and Confidential. For Willis Towers Watson use only.

Page 6

2018 Shawnee County Statement of Values Effective t/t/20t8

20t 8-20t9 Values I I I I I I I I I I I I (trended 2t/2%) 20t7-20t8 Values 20t7-20t8 Values I

I I I ·- I ; • II ~ I I - I • I • I I

t _L t Courthouse 200 E. 7th Topeka 66603 MNC t57,308 t964 Partial Yes $33,511,298 $3,620,730 $22,ttl!j 2 Civil Defense Subbasement 200 E. 7th Topeka 66603 MNC lncl t964 No Yes $0 $238,965

2 50t SE 8th $64,4t2,74B $725,454 3 3440 SW Nottingham Rd $3,053,2t3 $t4,2t9 3 3440 SW Nottingham Rd $44,659 $0 4 I t I community Corrections I l7t2 NE Kansas !Topeka I 66603IMNC I 9,0431 t965IYes IYes r· -------wl $60,8t3 5 t Road Maintenance Dist. #t 2727 SE nth 66409 NC 4,320 t972 Yes $499,40t $t2,69t 5 2 Steel Bldg on Slab 2727 SE nth $t23,799 $t2,69t 6 t Road Maintenance Dlst. #3 t3330 NW 62nd $499,40t $t2,69t

7

8 8

9 to

1"0 10 to

To To

10 iii'

To 10

To To

10

IT

11

IT

IT

Road Maintenance Dist. #4 Road & Bridge t25 NE 46th St 666t7 NC 4,8t0 t978 Yes $52t,727 $tg,§! 2 Four Buildings Road & Bridge t25 NE 46th $t35,295

Eat. Storaae Blda. Road & Bridge t25 NE 46th $t 04,124 Bridge Division Road & Bridge 24t NE 46th $99,236

2 Steel Asphalt Storaoe (3} Road & Bridge 24t NE 46th $99,236 Steel Beam/Metal Building Dist. #2 1639 N Washington $951 ,ne Shawnee North Community Rec Center 300 NE 43rd $5.206.225

2 IGaraoe IShawneeNorthComm.Pk I300NE43rd !Topeka I 666t7l I I I IYes I $24,758 3 Concession Stand- Ball Diamond Shawnee North Comm. Pk 300 NE 43rd $273,022 4 Fence- Ball Diamonds (4) Shawnee North Comm. Pk 300 NE 43rd $265,28~

5 Lights- Ball Diamonds (4) Shawnee North Comm. Pk 300 NE 43rd $309,499 6 Fence Shawnee North Comm. Pk 300 NE 43rd $6t,B9B

Lights Shawnee NOrth-Comm. Pk - 300 NE 43-rd- $tS,696 B Playground Shawnee North Comm. Pk 300 NE 43rd $1 t0,529 9 Tennis Courts, Fence & Lights Shawnee North Comm. Pk 300 NE 43rd $44,2t3 10 Sand Voilevball Liahts Shawnee North Comm. Pk 300 NE 43rd $8,842

Pool Slide Shawnee North Comm. Pk 300 NE 43rd $198,964 12 Pool w/ Pump House. licket & Bath House Shawnee North Comm. Pk 300 NE 43rd P=3089,B-3460 $6.083.356 13 North Community Center Shelter Shawnee North Comm. Pk 300 NE 43rd Topeka 666t7 t,OOO 1996 N Yes $97,790

Water Slide Lake Shawnee 3137 SE 29th Topeka 66605 Yes $44,012 2 Beach Bathhouse, Fence, Pump, Lights Lake Shawnee 3137 SE 29th $793,862 3 Metal Storage- Washburn Building Lake Shawnee 3137 SE 29th $292,035 4 I Park Storaoe- Masonry- Ranger St. I Lake Shawnee 13137 SE 29th !Topeka I 66605IMNC I I I IYes I $49,522 5 Park Maintenance- Metal- Shop Lake Shawnee 3137 SE 29th $2t6,206 6 Storage Bldg.- Frame/Ironclad- Veh. Storage Lake Shawnee 3137 SE 29th $208,029

IRevnolds Lodoe I Lake Shawnee l3t37 SE 29th !Topeka I 666051 I I I IYes I $495.424 8 Lake Recreation Building Lake Shawnee 3t37 SE 29th $t10,535 9 Restrooms- linman Circle Lake Shawnee 3137 SE 29th $160,939 to I Pump House incl. Pump- Masonry I Lake Shawnee l3t37 SE 29th I Topeka I 66605IMNC I I I IYes I $44,213

The Garden House Lake Shawnee 3t37 SE 29th $198,964 t2 Shelter House #t (20981 Lake Shawnee 3137 SE 29th $226,596 t3 !Shelter House #2 (908'} I Lake Shawnee 13137 SE 29th I Topeka I 666051 I I I IYes I $t08,988 14 lshelterHouse#3(1,600') Encl. !Lake Shawnee I3137SE29th !Topeka I 666051 I I I IYes I $265.287 15 !Shelter House #4 I Lake Shawnee -l313nlE-29th I Topeka I 666051 I I I IYes I $88,428 16 !Shelter House #5 I Lake Shawnee 13137 SE 29th I Topeka I 666051 I I I IYes I $33,023 t7 IGolfCourseSupt. Residence !Lake Shawnee I3137SE29th !Topeka I 666051 I I t899l lYes I $206,921 18 ICartStorageatlake-Frame ILakeShawnee l3t37SE29th !Topeka I 66605IF I I I IYes I $t56,076 19 !Club House at Lake- Frame I Lake Shawnee 13137 SE 29th I Topeka I 66605IF I 8.7961 t985l IYes I $754.294 20 IRowina Assn. At Lake- Rock !Lake Shawnee 13137 SE 29th !Topeka I 66605IMNC I I I !Yes I $447,227 2t !Softball Bleachers I Lake Shawnee l3t37 SE 29th !Topeka I 666051 I I I I Yes I $t 11,860 22 Softball Comfort Station I Concession Stand Lake Shawnee 3137 SE 29th $192,553 23 Tennis Court Comfort Station Lake Shawnee 3137 SE 29th $160,939 24 Lake Golf Comfort Stations (2} Lake Shawnee 3t37 SE 29th $319,449 25 Campground Fee Booth Lake Shawnee 3t37 SE 29th $534,052 26 Camping Area Shower Bldg. Lake Shawnee 3t37 SE 29th $t29,992 27 Camooround Restroom I Showers- Masonrv. Laundry Lake Shawnee 3t37 SE 29th $259,979 28 I Pergola I Lake Shawnee l3t37 SE 29th !Topeka I 666051 I I I IYes I $t04.464 29 I Shelter and Restroom I Lake Shawnee 13137 SE 29th !Topeka I 666051 I ~--~ IYes I $143.t54 30 I Gazebo I Lake Shawnee 13137 SE 29th !Topeka I 666051 I I I IYes I $29,0t8

-31-ICOnCreteirai-1 ---- I Lake Shawnee l3t37 SE 29th !Topeka I 666051 I I I IYes I $321,t28 32 I steel Bridge (Pedestrian} I Lake Shawnee 13137 SE 29th !Topeka I 666051 I --~--~ IYes I $54,166 33 lwood Bridae !Pedestrian} I Lake Shawnee l3t37 SE 29th ITooeka I 666051- --r----1 I IYes I $50,t03

"341Yaiiii!tiiib"Bida.- Frame includina Deck I Lake Shawnee l3t37 SE 29th !Topeka I 66605IF I I I IYes I $t66,466 35 Heated Fishing Dock- Frame Lake Shawnee 3t37 SE 29th $296,048 36 Marina Buildina Lake Shawnee 3t37 SE 29th $416,056 37 SCABA Restrooms Lake Shawnee 3t37 SE 29th $119,599 38 Shelter House #6 Lake Shawnee 3137 SE 29th $t97,196

40--IRestrooms ai35o6-Li.isure Lane I Lake Shawnee l3t37 SE 29th !Topeka I 666051 I I I lves I $3.260 4t Gazebo #1 Lake Shawnee 3137 SE 29th $34,490

o36.: $3.900,:

;to •. 12,69t

;36,25< l6t,54E tB,

$7

$21 $91

$18,129 $91,795

$762,21< $18,

$8,

$5; 1,625 5,438 5,438 9,063

$0 $0

$38,070

$13,

$t8,t29 $0

$9,063 $45,320

$1t,04t --$-0

$11,041 $11,041

$68,0 $0 To To To To

$2,t4g

Greenhouse Lake Shawnee 3137 SE 29th $57,482 "'u ..,u Rose Garden Restroom Lake Shawnee 3137 SE 29th $n,374 .rn .rn

44 Tennis Courts, Fence & Li hts Lake Shawnee 3137 SE 29th $442,191 t 1 45 Yacht Club Storaae Buildina Lake Shawnee 3137 SE 29th $7,736

46 I Playground -linman Circle I Lake Shawnee 13137 SE 29th I Topeka I 6E 11 47 Playground- Nth GSA Lake Shawnee 3t37 SE 29th

48 Marauee Lake Shawnee 3137 SE 29th

12 12 12

12 12 12

13 14 14 14 14 14 15 15 15 15 15 15 15 15 15 15 15 15 15 15

-:;s-16

16 16

18 19 19 20

23 24 26 27

28 30

31 31

31 31

32 32 32 33 33 33 33 33

~ 33 33 33 33 34 35 35 35 35 35 35

36 37

49 I Ski Club Building 50 I Lake Shawnee Jr Restroom

~oat Ramp Restrooms 3irls Softball Main! Shed

54 I Girls Softball I 55 Baseball & 58 Daktronics Scoreboards (4) 57 Special! 58 59

Playground 2 Golf Maintenance Shop 3 I Golf Pro Shop - Frame 4 !Community Center- Metal 5 ISouth Center Garage Bldg 6 I Re~troom - Park

I Recycle Building I Refuse Shop

2 !Appraiser

_3_1Publit:_vvorks 4 !General Fund (Storage) 5 !General Fund

IExPoc•ntre Storage Building 2 !Kitchen

!Agricultural Bldg. 4 !Conference Center 5 IUvesti>ck Pavilion North 6 I Heritage Hall

Livestock Pavilion South 8 I Landon Arena/ Exihibition Hall 9 !Gazebo

Ughts, Ugh! Poles, Flag Pole I77A Uvestock Exercise

12 !fire Station 13 !Archway Structure 14 IDaktronics DVX-10020MT Marquee 15

Building Improvements & Betterments 2 Office ~ Emergency Communication Department

Sheriff Dept. Building Emergency Communication Department 57th & Valencia

2 !Tower I Noxious Weed Treasurers I Motor Vehicle DBPf I Golf Course Maintenance Shop ADD INew Jail Building ~Storage Facility Rossville Bath House & Slide Shooting Range Building Election Commission (Old Yellow Freight Bid Austin Park Shelter House

2 Austin Park Ball Diamond lncl Fence -~--Austin Park_ Playg~~IJil~ __ Equipment 4 Austin Park Tennis Court

Brookfield Park Playground Equipment 2 !Brookfield Park Shelter House 3 !Brookfield Park Tennis Courts Inc! Fence_ 2 jDornwood Park Ball Diamond #21ncl Fence

_3_.[Domwood Park Ball Dla_m_<>nd #3 lncl Fence 4 IDornwood Park Ball Diamond #4lncl Fence 5 IDomwood Park Ball Diamond #Sincl Fence 6 IDomwood Park Ball Restrooms

[Dornwood Park Ball Diamond #Gincl Fence 8 IDornwood Park Ball Diamond #71ncl Fence

~Dori!!/_2Qq_Park Ball Concession Stand 10 I Dornwood Park Ball Playground Equipment

>ornwood Splash Pad IEastboro Park Playground Equipment Cypress Ridge Golf Course Club House Cypress Ridge Golf Course Gas Cart Storage

3 I Cypress Ridge Golf Course Toilet Building 4 jCypress Ridge Golf CoUi-se Pump House Inc! Equipment 5 !Cypress Rfdge-GOiH)ciilrse Utility Shed 6 I Cypress Ridge Golf Course Maintenance Building

I Hughes Park Pickleball Courts, Playground 1 Shetter. Basketball Courts & Fencing

Lakewood Park Shelter House & Playground Equipment

Lake Shawnee Lake Shawnee Lake Shawnee Lake Shawnee Lake Shawnee lake Shawnee Lake Shawnee Lake Shawnee Lake Shawnee Lake Shawnee Shawnee South Comm. Pk Shawnee South Comm. Pk I Shawnee South Comm. Pk I Shawnee South Comm. Pk IShawneesi:iuth Comm. Pk !Shawnee South Comm. Pk Shawnee South Comm. Pk

awnee. I Recycle Building I Re_fuse Shop I Appraiser I Public Works I General Fund I General Fund !Parks IExpocentre IExpocentre I Expocentre i Expocentre I Expocentre IIOJ<pocentre I Expocentre I Expocentre 1 Expocentre I Expocentre I Expocentre IExpocentre

Sheriff Coroner Emergency Comm.-oept.-Sheriff

Emergency CQ~~~pt. I Emergency Comm. Dept. I Emergency Comm. Dept. !Noxious Weed Treasurers I Motor Veh. Dept.

I Jail Rossville Community Swimming Sheriff Election Office Parks

~ ~ ~ ["Palj(S I Parks I Parks I Parks jParks I Parks

rks ks rks rks rks

1Parks Parks-

!Parks I Parks I Parks I Parks I Parks Parks Parks

I Parks

~

!137 SE 29th ---·---

13137 SE 29th 137 SE 29th

!137 SE 29th 13137 SE 29th

137 SE 29th Girls Softball - Lake Shawnee 1025 SE Croco Ad 137 SE 29th

13137 SE 29th 15 SW Westview Ad

16715 SW Westview Ad 15 SW Westview Ad 15 SW Westview Ad_

3715 SW Westview Ad 16715 SW Westview Ad

estv_£!~-1131 NE 46th 11515 NW Saline 11515 NW Saline 1515 NW Saline 1515 NW Saline 1515 NW Saline 17th & Topeka

7th & Topeka 17th & Topeka

7th & Topeka

17th & Topeka 17th & Topeka 7th & Topeka

I Expocentre Dr 17th & Topeka !7th & Topeka 17th & Topeka 17th & Topeka 17th & Topeka I Expocentre Dr

I Manor Cant Center/Expo Center 320 Kansas 320 N Kansas 320 Kansas Ave. 46th Street 220 SW Gage

I 57th & Valencia I 57th & Valencia 2044 SW Western 5938 SW 17th St. Ste 5oo-

13619 SE East Edge IB1B SE Adams 1605 E Bth St 407 N Main, Rossville 7000 SE California 3420 SW Van Buren 2300 2300 SE Jefferson 2300

~ 12430KingsRow Road 12430 Kings Row Road [g_430 Kings Row Road 12500 SE Highland 12500 SE Highland 12500 SE Highland 12500 SE Highland 12500 SE Highland 12500 SE Highland

12500 SE Highland 12500 SE Highland 12500 SE Highland 12500 SE Highland l3rd and Arter 12533 SW Urlsh Rd 12533 SW Urish Ad 12533 SW JJ!ISil_B<j_ 12533 SW Urish Rd 12533 SW Urlsh Rd 12533 SW Urish_F1cl_

725 SW Orleans 2301 SE Lakewo_od Dr

I Topeka I Topeka

'ope

2E!! ·ope ·ape ·ape

I Topeka Topeka Topeka Topeka Tppeka

I Topeka !Topeka I Topeka Topeka Topeka I >peka Topeka Topeka "opek~_

Topeka 1peka

Topeka Topeka ~opeka

I Topeka I Topeka I Topeka I Topeka I Topeka [Topeka I Topeka I Topeka I Topeka I Topeka I Topeka Topeka Topeka

1peka Topeka Topeka Topeka IQJo_eka Topeka Topeka Topeka Topeka Topeka Topeka

Topeka !Rossville Topeka

1peka ·apek~_

Topeka 1peka

~ Topeka

)peka Topeka Topeka

1peka Topeka Topeka Topeka

)peka I Topeka

ropeka IIopeka I Topeka I Topeka I Topeka I Topeka

I Topeka I Topeka I Topeka I Topeka

Topeka Topeka

66605IM 66605 6660! 6660 6660 6660

666i' 666osjMNC 6660

666os1Meta1Frame 66619 66619 66619 66619 66619 66619 66619

66619 66617INC

- 6661BjNC

__G§~BINC 6661BINC 6661BINC

_6661~1~-~~ 66612INC 66612INC 6661 66612IMNC

_6_66121~ 66612INC 66612IJM

_ 666121 F11_ 66612IMNC 66612

66612~ 66612IFR 66612~ 66612 666121 Plastic 66603 MNC 66603 MNC 66603 MNC

66610IJM 66610INC 66604 NC 66604 MNC 66605IMNC 66607IMNC 66607INC 66533INC

66611 MNC 66605 NC 66605

6s6o5 66605 66614 66614 66614 66605 66605 66605 66605 66605INC 66605 66605 66605[i'IQ_ 66605 66605 66607 6661• 6661 6661 6661 6661• 6661

66606

•Steel

l!nci_ llncl Inc I

l!ncl

IN/A

~& Wooc

2,1601 19BOIN 2851 2004IN 3601 IN

1,0891 20051N 810 N

2010 No

',360 201'

_4641 INC

5,1JQQ 75,000

5,000 2,000 7,700

,000 30,000

,21! 45,000

192,37: 350

- 45,000 2,059

300

1520 l,B,

6,060 4,548 9,600

---mii 700 480

3,600 2,983 !,400

43,922 J,BOO t,600 !,360

14,469

1996 1940

199BIYes 19B71Yes 1967IYes 19B71Yes 19B71Yes 19B71Yes 19B61No 1990INo

J!J25[N_o_ 19B61No 19B61No 1934IPartlal 1966jYes 20071Yes 1990[No 19BB1No 19B91No 1940INo 1925llllo 2010 NA 2014 No 1995 Yes 1995 Yes 1995 Yes 1998 No 1997 No 1997INo 1997INJA 1997 No 1993 Yes 2008INo 1970[Yes 196BINo 2009 No 2010 No 1961 Yes

No

lr-JQ_ I No I No

I No_ I No I No lr-JQ_ I No I No

I No

I No I No-

lr-JQ_ I No I No lr-JQ_

No 30ooj 1930jNo

I Yes ~'@!_ I Yes Ves Vas Yes Yes Yes Ves

I Yes Ves

~ Yes Yes

~ I Yes I Yes

I Yes I Yes

~ I Yes IYes

~ IYes I Yes

l'{es I Yes

~ I Yes !Yes

~ I Yes IYes Yes

I Yes

~ ~'@!_ [YeS iYes iYes

!YeS I Yes Yes

I Yes Yes ~'@!_ [YeS Yes

:f~~-I Yes

~ !YeS ~ I Yes I Yes

!YeS ~ !YeS ~ l'fes_ I Yes I Yes I Yes I Yes I Yes I Yes I Yes

~ I Yes

~ I Yes I Yes ~'@!_ IYes I Yes Ves

~ Ves

$211,228 $92,642 $88,783 $77,488

$21!,Q§1 $6,921,879

$109,125 $1,661,251

$0 _§D_

>110,535 >309,499 >283,635 >569,698 $13,708 $77,374

$198,964

_j~3,163 $0

_$1,571,816 $3,144,716 $1.237,763

-$1.498.423 $458,281 $505,366

$2,730,672 $6,574,660

$612,618 $1,366,000 $2,553,595

-$31,628,952 >186,297 >267,495 >628,498 ,628,191 >123,799 >274,619 $33,60

>661,261

---w To

$174,498

-~0 $0

$328,755 $386,339

--$-0

$2,149,243 $9,599,954 $1,616,605

,661 ~539,583

$1,598,954

JBB,8_4g

$22,:

$34,1

$74,0:

$409,

'.102 $128,822

;38,871

$5.442 ;69,964

$0 $259,126

$700

-----ro-$5,573

$0 $108,21

$0

_$0 $108,60

$54,385 $39,883

$0 $0

$47,060 $2,211,550

$339,221 $167,126

$31,264

_jQ $99,541 $72,349

-~42,023 $469,690 $281,153

$15.493 $281,153 $925,37'

$0 $0

$27,192

$565,: $122;

$9,348,647 $313,732

$1,840,038 $800,01i

_jQ $8,00

$54,1 $221

$222,! $198,1

$12, $0

_jg21 $0

$13,21 $37,769

$0 -$3,185

$503,1

$13,849 $37,769 $15,107 $35,970

_jQ_ 15,107

~29.975 13,849 13,849 13.B49

_jQ_ $44,063 $50,358

_jQ $49,173

$61B.OO _$25,179

$0

_jQ _jQ

$0

_jQ _jQ

$62,872

To

36 39 39

40 4i 4i 41 41

41 42 42

43 43

44 44

45 46 46 46 46

46 46 46

46 47 47 47 47

47 47 47

47 46 46

46 46

46 46

46 4a

46 4a

48 46

4a 48

2 McKinley Pari< Playground E uipment Parks 1 Major Palm Park Restrooms Parks 2 Major Palm Ball Diamond incl Fence Parks

-- Parks-

Parks 2 Parks 3 Santa Fe Park Ball Diamond #21ncl Fence Parks 4 Santa Fe Park Bleachers Parks

-5-- S8rita-F9-ParkPiayStructure Parks 1 Shunga Glenn Skate Pari< Parks 2 Shunga Glen Playground Equipment Parks

Clyde O'Bracken Pari< Concrete Sheter house #1 Parks 2 Clyde O'Bracken Pari< Concrete Sheter house #2 Parks

Oakland (Little) Park, Shelter house Parks 2 Oakland (Little) Pari<, Tennis Courts & Fencing Parks 1 Indian Hills Pari<, Playground Structures (3) Parks 1 Oakland Billard Pari<, Community Center Building Parks 2 Oakland Billard Park, Concrete Shelter House Parks 3 Oakland Billard Pari<, Skate Park - Parks 4 Oakland Billard Pari<, Swimming Pool Parks 5 Oakkland Billard Pari<, Bath House Parks 6 Oakland Billard Park, Ball Diamond #1 incl fence/bleachers Parks

Oakland Billard Pari<, Ball Diamond #g_i~ci_fencelbieachers _ Parks B Oakland Billard Pari<, Bail Diamond #3 incl fence/bleachers Parks 1 Garfield Park, Recreation Center Parks 2 Garfield Park, Shelter House Parks 3 Garfield Park, Swimming Pool & Fence Parks 4 Garfield Pari<, Pump House & Bath House Parks 5 Garfield Pari<, Play Structure Parks 6 Garfield Park, Gazebo Parks 7 Garfield Pari<, Play Structure Parks B Garfield Pari<, (2) Poligon 12'x12' Shelters Parks 1 Old Prairie Town, Dwelling & Shelter Parks 2 Old Prairie Town, Drug Store Parks

Old Prairie Town, Storage and Office Building- Parks 4 Old Prairie Town, Fountain Parks 5 Old Prairie Town, White Barn Building Parks 6 Old Prairie Town, Cabin (1979) Parks

Old Prairie Town, General Store Parks 8 Old Prairie Town, School House Parks

-g- Old Prairie Town, Pauline Depot Parks 10 Old Prairie Town, Stone Barn Parks

Old Prairie Town, Caboose Parks 12 Old PrairieTown;stiOidon Study Parks 13 Old Prairie Town, Lingo Tack Shop Parks 14 Old Prairie Town, Gazebo/Water Feature Anna's Place Parks

Old Prairie Town, Reading Garden (incl Bridge, Arbor, Ponds,

917NWGoidOrl 1815 SW 37th St 1815 SW 37th St 1850 NW Lyman Rd

11500 NE Division 1500 NE Division 1500 NE Division 1500 NE Division 1500 NE Division 2400 SW Washburn 2400 SW Washburn 200 sw 12th 200 SW 12th 900 NE Chester 900 NE Chester 25000 Stutley 801 NE Poplar 801 NE Poplar 101 NE Poplar 101 NE Poplar

601 NE Poplar 801 NE Poplar 601 NE Poplar 601 NE Poplar 1600 N Kansas Ave 1600 N Kansas Ave 1600 N Kansas Ave 1600 N Kansas Ave 1600 N Kansas Ave 1600 N Kansas Ave 1600 N Kansas Ave

11600 N Kansas Ave 124 N Fillmore 124N Fillmore 124N Fillmore 124 N Fillmore 124 N Fillmore 124N Fillmore 124 N Fillmore 124 N Fillmore 124N Fillmore 124N Fillmore 124N Fillmore 124N Fillmore 124 N Fillmore 124 N Fillmore

Topeka Topeka Topeka Topeka Topeka -- lpeka

Jpeka Topeka Topeka Topeka

I Topeka Jpeka

Topeka raoeka roo8ki Topeka Topeka Topeka

ropeka Topeka Tooeka Topeka Topeka

1oeka ·apeka

Topeka Tooeka Topeka Topeka Tooeka Topeka Topeka

meka Topeka Topeka Tooeka

66608 66611lBrick 66611 66608 66616lBrick 6661 6661

66iiii 6661 66604

66sii 66612 Concrete 66612 Concrete 66616 Metal Frame 666' 66614 66616IBrick

666161Brick 66616 66616 66616 66608 Brick 66608 Stone 66608 Open Air 66608 Brick 66606 6660Bl0pen Air 66606 666DBIOQen Air 6660E - --- --

6660E 6660E 66606

6s6ii6 66606 6660 6660 6660 6660 6660 66606 66606 66606

Stream, Waterfalls, Plaque, Benches, Brickwork, Plants & 46 I 15 Fences, including Sound Fence) I Parks l124 N Fillmore hopeka I 666061 46 16 Old Prairie Town, Blacksmith Shop Parks 124 N Fillmore Topeka 66606

22000

46 17 Old Prairie Town, Church Parks 124 N Fillmore Topeka 66606 F BOO

!NO INO

I 0

0

0

~ JNO

No No No No

No

i 0

c I No

Yes Yes

I Yes

~ [YeS

;as res res res res

Yes Yes Yes Yes

Yes Yes Yes Yes Yes Yes Yes Yes

I Yes

49 1 Betty Dunn Pari<, Playground Equipment Yes 50 1 Abbott Community Cente_r,Rec Center 1112 SE 1Oth Yes 50 2 Abbott Community Center, Play Structure Parks 1112 SE 10th Yes 51 1 Chesney Park, Gazebo Parks 1625 SW Clay Yes 51 2 Chesney Pari<, Shelter HQ_IJOle___ Parks 1625 SW Clay Yes 51 3 Parks 1625 SW Clay 52 1 Parks 335 SE 15th 53 1 Parks 4601 SW Shunga Dr 53 4 Parks 4601 SW Shunga Dr 53 6 Crestview Tennis Courts and Fence Parks 4801 SW Shunga Dr

$01 $59,228

To To

$88,842 To To

$13. $0

$370,179

$36,0 $36. $-

$2,961,4! $50,4!

$0 $0

$74,035

$2,675, $374,1

--$-0

$215.639 $C

$41,669 --$0

$11,9( $226,25! $431 ,2T. $26,562

--$-0

$100.63~

$76,213 $107.619

$75,950 $126,564 $215,639

To $14,376

$158,135 $25,316

$0 $26,753

$151.901 $0

-$2,961,432 $0

$29,615 $17.766

53 7 Crestview Shelter House Parks 4601 SW Shunga Dr $23< 53 8 Crestview BMX Registration & Storage Building Parks 4601 SW Shunga Dr $37,

$19,1

$19,' $10,

$16, $244,455

',776 ;26,495 ,12,223

$12,223 $24,441 $5,236

$11,641 $24,446 ~

$61: ~

$o

$0 $o

$23,261

$24,

$15,

$3,61

$33,572 $0

$29,975 $25,179

$0 "T23:98o "T23:98o ---$0

$36,2·

$5,4

$46,9 $41,1

$176,0: $1.070,ii --$-0

$29,975 $29.97s

$29,975 $0

To $122,228 --$0

$23,281 $0

$29,102 -$o

$12,223

$4.2' $o

$0 $U

$11,641 $0 To

$18,334 $o

$24,445 --$-0

-~0 $21,152 $24,445

--$0

$29.102 $12.~

Tal $01 $53,0· 53 9 Crestview Play -Equipment ---- Pa-rks___ -- 4601 SW Shunga Dr Topeka 66614 Yes 54 1 Edoewater Park Playground Equipment Parks 2405 SW Edgewater Terr Topeka 66614 Yes -------w $Qt $3: 55 1 Edgewood Park Tennis Court & Fence Parks 101 The Drive Topeka 66606 Yes $0 $0 $6.1 56 2 Edgewood Park Shelter Building Parks 101 The Drive To eka 66606 Yes $14,807 $0 $01 57 3 Edgewood Pari< Playground Equipment Parks 101 The Drive Topeka 66606 Yes $0 $0 $37,132 56 1 Gage Pari< Day Care Building Parks 4000 Conservatory Lane Topeka 66604 Wood No Yes $103,650 59 1 Gage Pari< Metal Buildino C/PC Parks 4210 Conservatory Lane Topeka 66604 Metal No Yes $35,595 59 2 Gage Pari< Metal Building C/PC Parks 4210 Conservatory Lane Topeka 66604 Metal No Yes $14,237 59 3 Gage Park Tall Metal Building C/PC Parks 4210 Conservatory Lane Topeka 66604 Metal No Yes $35,595 60 1 Gaoe Pari< Childrens Party House Parks 200 Parkway Topeka 66606 Wood 1000 1960 No Yes $146,072 61 1 GageParkWestlakeSheiterHouse Parks ______ 633SWBiaisdeli Topeka 66606Wood 1250 1970No Yes $116,626

$44,420 61 2 Gaae Pari<-Westlake-fOITet -- ----- Parks - 633-SW Blaisdell Topeka -- - 66606 Wood No Yes

62 1 Gage Pari< Civltan House Parks 4330 SW Conservatory Ln Topeka 66606 Metal 1500 1994 No Yes $103,650 62 2 Gage Pari< Shelter House including fence Parks 4330 SW Conservatory Ln Topeka 66606 No Yes $10,367 62 3 Gage Pari< Playaround Equipment Parks 4330 SW Conservatory Ln Topeka 66606 No Yes $0 62 4 Gage Pari< Corral Toilet Parks 4330 SW Conservatory Ln Topeka 66606 No Yes $59,413 62 5 Gage Park-Pari< Dept Recreation Parks Topeka 66606 No Yes $79,294 63 1 Gage Pari< Shop & Office Parks 4210§WGonservatory _brl_ ___ Topeka 66606 Metal/Wood No Yes $170,653

3,396 $0

$1,344 $0 $o $o

$19,635 $36,669

$26,5:

$16,0:

63 64

65 66

66 66 67 68

69 70

2 Parks 4210 SW Conservatory Ln 66606 Metal/Wood Yes $35,595 Parks 4400 SW Conservatory Ln 66606 Yes _$:<:3:.:4o:,2=2"'5._ ___ _

New Green House 650 SW Porter Rd $2,135,647 $72,115 Gage Park Blaisdell Pool Complex including fences 4200 SW Relnlsch Parkway $6,663,219 $12,224

2 !Gage Park Rose Garden Shop !Parks f4200 SW Reinisch Parkway ___ !Topeka I 66606fBrick I I fNo !Yes I -~13~6001 $1,6131 $64,1 3 fGage Park f.1ini:Tr!lln__Statlon !Parks ~4200 SW Reinisch Parkway !Topeka I 66606f\Vood I I !No !Yes I $340,5631 $12,2241 $0

iGageParkAdapaliveBaiiDiamondlncludlngfence !Parks __________ I fTopeka I 666061 I I fNo _fYes I ___ $_0]_____ $01 $29,102 Gage Park Shelter House (Snyder's Cabin) Parks $69,120 $5,760 $0 GageParkAmphilheater Parks $370,176 $18,824 ___ $_0 IGageParkCarousel !Parks I _[Tc>~~~-- 666061 I __ f ___ fNo ___ !Yes I __ _jQI____ $Of $30,557 fHIIIcrest Recreation Center I Parks 11600 SE 21st ---- !Topeka I 66607IBrick ~-- -- 290001 19791No !Yes I ----$2,961,4321 -$30,1081 $0

72 I 2 !Hillcrest Outdoor Basketb~ll_& Tennis_courts & fence~__ _!Parks f1800 SE 21st fTopeka I 66607f I I JNo fYes I $Of $Of $13.446 72 3 Hillcrest Swimming Pool& Fence Parks 1800 SE 21st $1,183,240 72 4 Hillcrest Play Structure Parks 1800 SE 21st $0 72 5 Hillcrest Open Air Shelter __ Parks___ 1800 SE 21st No Yes $0 73 1 1 I Helen Hocker Rehearsal Hall & Office !Parks f700 SW Zoo Parkway fTopeka I 66606fWood/Metal I I fNo !Yes I $01 $53,0451 $0 73 2 Helen Hocker Theater Storage Parks 701 SW Zoo Parkway $0 73 3 Helen Hocker Theater Building Parks 702 SW Zoo Parkway _j_O 74 r 1 IRuegerFieidConcesslon Building !Parks 12801 Kansas Ave !Topeka I 66611fBrick I I INa !Yes I $444,2161 $01 $0

I Rueger Field 4 Softball Diamonds, Fence Ughts & Sprinkler

74 I 2 System !Parks ________ I2801KansasAve hopeka__l__ 666111 I __ I ____ IYes IYes I $01 $01 $366,683 74 I 3 IRuegerFieldPiayStructure !Parks 12601 Kansas Ave !Topeka I 666111 I I INa !Yes I $01 $01 $30,557 75f _1 __ f~ashburn Park Tennis Courts, lights & fence !Parks f2610 SW 10th fTopeka I 666041 I I JNo fYes L____ $Of _____ $Of $18,:334 76 I 1 !Auburndale Park Play Structure !Parks 12400 SW Perry !Topeka I 666061 I I fNo !Yes I $01 $01 $8,556

78 79 79 80

~ 80 80 80 80 80 80 60 80

84 84 82 82 82 8' 84 84 65 65 65 85 85

8s 8s 8s 8s

8/ 88

I Central Park Community Center I Parks 11300 SW Cfay !Topeka I - ----- 6B6041Brick 40001 19n!No- !Yes I $5,695,0591 $58,9081 $0 2 JCentral Park Playground Equipment fParks f1300 SW Clay fTopeka I 66604f I I JNo fYes I $Of $Of $24,445 3 !Central Park Shelter House fParks _f1300 SW Clay __jTopeka I _66604f I ___ [___ fNo fYes I ___ $29,6151 $01 $0

:hlldrens Park Playground Equipment !Parks 1658 SW MacVicar !Topeka I 666061 I I INa !Yes I $01 $01 $12,224 [Collins Park Playground Equl~ment JParks f1417 SW Collins fTopeka I 66604f I I JNo fYes I $Of $Of $8,556

2 !Collins Park Basketball Court !Parks f1417 SW Collins ___ fTopeka I 666041 I I fNo !Yes I $01 $01 $6," !Felker Park Ball Diamond #1 including Fence & Ughts ---!Parks-- 12540 SW Gage !Topeka I 666141 I I INa IYes I $01 $01 $40,743

2 JFelker Park Ball Diamond #2 including Fence & Ughts JParks f2540 SW Gage fTopeka I 666141 I I JNo fYes I $Of $Of $40.743 3 !Felker Park Ball Diamond #3 including Fence & Ughts !Parks f2540 SW Gage _ _ITopeka_f 666141 I I fNo !Yes I $Of $01 $40,743 4 IFelkerParkKossoverTennis Building !Parks f2540SW Gage !Topeka I 666141Brlck I I INa !Yes I ----- $370,1781 $12,2241 __ _____jQ_ 5 JFelker Park Ball Diamond #41ncluding Fence & Ughts fParks f2540 SW Gage fTopeka I 666141 I I JNo [YesJ $Of $01 $40,743 6 !Felker Park Bleachers !Parks f2540SW Gage !Topeka I 666141 I I INa !Yes I $01 - --$01 $11,563

I Felker Park Tennis Courts includingn Fence & iJghts I Parks 12540-SWGage I Topeka I 666141 I I INa I Yes I $01 $01 $61,1_1_4_ 8 !Felker Park Concession and Resetrooms Building_ fParks _________ j25_40 SW Gage _fT()peka I 66614fBrick I I fNo !Yes I $155,4751 $6,4161 $0 9 !Felker Park Scoreboards & Mise Property !Parks 12540 SW Gage !Topeka I 666141 -I ---- I INa !Yes I $01 $01 $21,218 10 Parks 2540 SW Gage No Yes $14,259 $0 $0

:L...::==.::.._---------"P-'a"'rk"'s 1400 Locust No Yes $0 $0 $19,068 2 !Freedom Valley Dock for Fishing !Parks f1400 Locust !Topeka I 666071 I I fNo !Yes I $01 --$01 $5,305

IHolidayParkPiaygroundEquipment ---!Parks lt2ooswWestern !Topeka I 666041 I I INa !Yes I $Of ___ $Of $24,445 __ 2 __ ll:l<>liday Park Fencing fParks f1200 SW Western_ fTopeka I _6~011_ I __j_ fNo !Yes I $01 $01 $12,224 3 !Holiday Park Fountain !Parks 11200 SW Western !Topeka I 666041 I I INa !Yes I $01 $01 $18,334

I Horne Park Playground Equipment I Parks !3717 SW 34th !Topeka I 666141 I I JNo JYes I $Of $01 $18,334 fRiceParkCommunity_Genter fParks_ f520NOIWOod__ fTopeka L_ 66607fBrick I _100001_ 1966fNo fYes I $1,480,7151 $22,8711- $0

3 !Rice Park Play Equipment !Parks f520 Norwood !Topeka I 666071 -~-- I !No !Yes I $01 $01 $31,821 I Ripley Park Open Air Shelter I Parks 1300 SE Lawrence !Topeka I 666071 I I INa JYes I $44.4201 $01 $0

2 fRipley Park Basetball Court fParks ___ _1300 SE Lawrence fTopeka I 666071 I I INa !Yes I $01 $01 $30,557 3 !Ripley Park Play Structure #1 !Parks 1300 SE Lawrence !Topeka I 666071 I I I No !Yes I $01 $01 $14,667 4 JRipley Park Play Structure #2 fParks f300 SE Lawrence fTopeka I 66607j___ I fNo fYes I $Of $01 $24.445 5 Ripley Park Restroom Parks 300 SE Lawrence Topeka 66607 No Yes -- $49,832 $0 $0 1 Big Shunga/McDonald Park Bleachers Parks 2501 SW Washburn Topeka 66611 No Yes $0 $0 $8,556 2 Big Shunga/McDonald Park Restrooms Parks 2501 SW Washburn Topeka 66611 Brick No Yes $18,509 $0 $0 3 Big Shunga/McDonald Park Ball Diamond incl fencing Parks 2501 SW Washburn Topeka 66611 No Yes $0 $0 $146,674 5 Big Shunga/McDonald Par_k_Piayground !Oguipment Parks ______ 2501 SW Washburn Topeka 66611 No Yes $0 $0 $37,132

Health Agency Health Department 2600 SW East Circle Dr $1,304,907 $0 Midwest Health Aquatic Park incl other structures & fences Parks 2201 SW Urish Rd $0 $9,527,500 Totals

Total Blanket Property IEDP Hardware EDP Software

Total Blanket Umit

I Business Income:..!_ Extra Expense

!Signature & Date

I Prepared by Willis of Greater Kansas, Inc. JPrepared on 11/1/2017

$9,581,141 $3,580,734

$1,875,165

ROBERT f. PERRY, ESQ.

MEMORANDUM

Agenda: December 18, 2017

9422 SW Hoch Road POBox359

Auburn, Kansas 66402 Voice - 785/256.2266

Mobile- 785/640.1842 robertjoelperry@gmailcom

December 11,2017

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

FROM: Bob Perry

On August 15,2016 AIM Strategies, LLC ("AIM") filed an application requesting the County, under KSA. §§12-1740 et seq., issue its taxable revenue bonds in an estimated amount of $25,300,000 (the "Bonds") the proceeds from which would acquire approximately 35,300 square feet of realty in the 900 block of S. Kansas A venue and construct and equip a hotel containing approximately 109 guest rooms, restaurant and meeting area (the "Project"). The Project will create approximately 80 new positions.

On September 1, 2016, following a public hearing, the Board passed County Resolution No. 2016-60 under which the Board expressed the County's intent to; (i) issue the Bonds, (ii) acquire the proposed Project and lease it to AIM or its successors or assigns, and (iii) cooperate in requesting the Board of Tax Appeals grant a 10 year ad valorem tax exemption for that portion of the Project acquired with Bond proceeds, subject to certain conditions.

The Project is proceeding to completion sometime in late 2018 or shortly thereafter. In accordance with AIM's application and Resolution No. 2016-60, AIM has assigned its rights and obligations under the Project to Topeka Grand Real Estate, LLC, ("TGRE") a single purpose entity whose principals are substantially the same as when AIM filed its application. TGRE now desires the have the Bonds issued to assist in financing and finish constructing the Project. This Resolution authorizes the issuance and delivery of the Bonds and execution and delivery of the documents related thereto.

The Bonds, pursuant to KSA. §12-1740 et seq., are special limited obligations payable solely from rents and revenues due from TGRE or its assigns as lessee under the Lease, the Bonds do not constitute a debt of the County within the meaning of any constitutional or statutory provision and are not payable in any manner from tax revenues.

Resolution No. 2017-~

A RESOLUTION AUTHORIZING THE ISSUANCE BY SHAWNEE COUNTY, KANSAS OF NOT TO EXCEED $25,300,000 AGGREGATE PRINCIPAL AMOUNT OF TAXABLE INDUSTRIAL REVENUE BONDS (TOPEKA GRAND REAL ESTATE, LLC PROJECT), SERIES 2018, TO PROVIDE FUNDS TO ACQUIRE, CONSTRUCT AND EQUIP A PROJECT FOR TOPEKA GRAND REAL ESTATE, LLC AND AUTHORIZING AND APPROVING CERTAIN DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF SAID BONDS.

RESOLUTION NO. 2017-$2._

A RESOLUTION AUTHORIZING THE ISSUANCE BY SHAWNEE COUNTY, KANSAS OF NOT TO EXCEED $25,300,000 AGGREGATE PRINCIPAL AMOUNT OF TAXABLE INDUSTRIAL REVENUE BONDS (TOPEKA GRAND REAL ESTATE, LLC PROJECT), SERIES 2018, TO PROVIDE FUNDS TO ACQUIRE, CONSTRUCT AND EQUIP A PROJECT FOR TOPEKA GRAND REAL ESTATE, LLC AND AUTHORIZING AND APPROVING CERTAIN DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF SAID BONDS.

WHEREAS, Shawnee County, Kansas (the "Issuer'') is a body corporate and politic duly organized and existing under the laws of the State of Kansas at~ and

WHEREAS, the Issuer is authorized by KS.A. §§12-1740 to 12-1749d, inclusive, as amended (collectively, the "Act"), to issue revenue bonds, the proceeds of which shall be used for the purpose of paying all or part of the cost of purchasing, acquiring, constructing, reconstructing, improving, equipping, furnishing, repairing, enlarging or remodeling facilities for agricultural, commercial,·. hOspital, industrial, natural resources, recreational development and manufacturing purposes; and

WHEREAS, pursuant to the Act, the Issuer proposes to issue its Taxable Industrial Revenue Bonds (Topeka Grand Real Estate, LLC Project), Series 2018 (the "Bonds"), in an aggregate principal amount not to exceed $25,300,000, for the purpose of (a) acquiring, constructing and equipping an approximately 109-room commercial hotel project to be located at the 900 block of S. Kansas in Topeka, Kansas for Topeka Grand Real Estate, LLC, a Kansas limited liability company (the "Company"), and (b) paying certain costs of issuance, all as further described in the hereinafter referred to Bond Indenture and Lease Agreement; and

WHEREAS, the Bonds will be issued under a Bond Trust Indenture dated as of the date set forth therein (the "Bond Indenture"). by and between the Issuer and U.S. Bank National Association, as Bond Trustee (the "~ondTrustee"); and

WHEREAS, the Company will lease the Project to the Issuer pursuant to the Base Lease Agreement dated as of the date set forth therein (the "Base Lease") between the Company and the Issuer; and

WHEREAS, simultaneously with the execution and delivery of the Bond Indenture, the Issuer will enter into a Lease Agreement dated as of the date set forth therein (the "Lease Agreement"), by and between the Issuer, as lessor, and the Company, as lessee, pursuant to which the Project (as defmed in the Bond Indenture) will be acquired, constructed and equipped and pursuant to which the Issuer will lease the Project to the Company, and the Company will agree to pay Lease Payments (as defined in the Bond Indenture) sufficient to pay the principal of and premium, if any, and interest on, the Bonds; and

WHEREAS, the Company and the Issuer will enter into a Performance Agreement dated as of the date set forth therein (the "Performance Agreement"); and

WHEREAS, the Issuer further finds and determines that it is necessary and desirable in connection with the issuance of the Bonds that the Issuer execute and deliver certain documents and that the Issuer take certain other actions as herein provided;

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

Section 1. Findings and Determinations. The Issuer hereby makes the following fmdings and determinations with respect to the Company and the Bonds to be issued by the Issuer, based upon representations made to the Issuer:

(a) The Company has properly requested the Issuer's assistance in fmancing the costs of the Project;

(b) The issuance of the Bonds for the purpose of providing funds to fmance the costs of the Project is in furtherance of the public purposes set forth in the Act; and

(c) The Bonds are being issued for a valid purpose under and in accordance with the provisions of the Act.

Section 2. Authorization of the Bonds. The Issuer is hereby authorized to issue the Bonds in the aggregate principal amount of not to exceed $25,300,000, which shall be issued under and secured by and shall have the terms and provisions set forth in the Bond Indenture. The Bonds shall bear interest at an interest rate set forth in the Bond Indenture, and shall mature as set forth in the Bond Indenture, and shall have such redemption provisions, including premiums, and other terms as set forth in the Bond Indenture. The final terms of the Bonds shall be specified in the Bond Indenture, and the signatures of the officers of the Issuer executing such Bond Indenture shall constitute conclusive evidence of their approval and the Issuer's approval thereof.

Section 3. Limited Obligations. The Bonds shall be special limited obligations of the Issuer, payable solely :from the sources and in the manner as provided in the Bond Indenture, and shall be secured by a transfer, pledge and assignment of and a grant of a security interest in the Trust Estate (as defined in the Bond Indenture) to the Bond Trustee and in favor of the owners of the Bonds, as provided in the Bond Indenture. The Bonds and interest thereon shall not be deemed to constitute a debt or liability of the Issuer, the State of Kansas (the "State") or of any political subdivision thereof within the meaning of any State constitutional provision or statutory limitation and shall not constitute a pledge of the full faith and credit of the Issuer, the State or of any political subdivision thereof, but shall be payable solely :from the funds provided for in the Lease Agreement and the Bond Indenture. The issuance of the Bonds shall not, directly, indirectly or contingently, obligate the Issuer, the State or any political subdivision thereof to levy any form of taxation therefor or to make any appropriation for their payment. No breach by the Issuer of any such pledge, mortgage, obligation or agreement may impose any liability, pecuniary or otherwise, upon the Issuer or any charge upon its general credit or against its taxing power.

Section 4. Authorization and Approval of Documents. The following documents are hereby approved in substantially the forms presented to and reviewed by the Issuer (copies of which documents, upon execution thereof, shall be filed in the office of the County Clerk), and the Issuer is hereby authorized to execute and deliver each of such documents (the "Issuer Documents") with such changes therein (including the dated date thereof) as shall be approved by the officials of the Issuer executing such documents, such officials' signatures thereon being conclusive evidence of their approval and the Issuer's approval thereof:

(a) Bond Indenture;

(b) Base Lease Agreement;

(c) Lease Agreement;

-2-

(d) Bond Purchase Agreement; and

(e) Performance Agreement.

Section 5. Execution of Bonds and Documents. The Chairman of the Issuer is hereby authorized and directed to execute the Bonds by manual or facsimile signature and to deliver the Bonds to the Bond Trustee for authentication for and on behalf of and as the act and deed of the Issuer in the manner provided in the Bond Indenture. The Chairman of the Issuer is hereby authorized and directed to execute and deliver the Issuer Documents for and on behalf of and as the act and deed of the Issuer. The County Clerk of the Issuer is hereby authorized and directed to attest, by manual or facsimile signature, to the Bonds, the Issuer Documents and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution.

Section 6. Pledge of the Project and Net Lease Rentals. The Issuer hereby pledges the Project and the net rentals generated under the Lease Agreement to the payment of the Bonds in accordance with KS.A. §12-1744. The lien created by the pledge will be di$Charged when all of the Bonds are paid or deemed to have been paid under the Indenture

Section 7. Further Authority. The Issuer shall, and the officials, agents and employees of the Issuer are hereby authorized and directed to, take such further action, and execute such other documents, certificates and instruments, including, without limitation, any credit enhancement and security documents, arbitrage certificate, redemption notices, closing certificates, as may be necessary or desirable to cany out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the Issuer with respect to the Bonds and the Issuer Docllments.

Section 8. Effective Date. This Resolution shall take effect and be in full force immediately after its adoption by the Governing Body of the Issuer.

PASSED by the Board of County Commissioners on December 18, 2017.

(Seal) ATTEST:

Cynthia A. Beck, County Clerk

-3-

Robert E. Archer, Chairman

Kevin J. Cook, Vice Chairman

Michele A. Buhler, Commissioner

EXCERPT OF :MINUTES OF A MEETING OF THE GOVERNING BODY OF

SHAWNEE COUNTY, KANSAS HELD ON DECEMBER 18, 2017

The governing body of Shawnee County, Kansas (the "County"), met in session at the usual meeting place in the County, at 9:00 a.m., with the all members present and participating.

Absent: None

RESOLUTION NO. 2017-_

A RESOLUTION AUmORIZING THE ISSUANCE BY SHAWNEE COUNTY, KANSAS OF NOT TO EXCEED $25,300,000 AGGREGATE PRINCIPAL AMOUNT OF TAXABLE INDUSTRIAL REVENUE BONDS (TOPEKA GRAND REAL ESTATE, LLC PROJECT), SERIES 2018, TO PROVIDE FUNDS TO ACQUIRE, CONSTRUCT AND EQUIP A PROJECT FOR TOPEKA GRAND REAL ESTATE, LLC AND AumORIZING AND APPROVING CERTAIN DOCUMENTS AND ACTIONS IN CONNECTION Wim THE ISSVANCE OF SAID BONDS.

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

Aye:_

Nay:_

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

On motion made and seconded, the meeting was adjourned.

(SEAL)

County Clerk

-4-

ROBERT f. PERRY, ESQ.

MEMORANDUM

Agenda: December 18, 2017

9422 SW Hoch Road POBox359

Auburn, Kansas 66402 Voice - 785/256.2266

Mobile- 785/640.1842 [email protected]

December 11, 2017

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

FROM: Bob Perry

29 Fairlawn, ILC, ("29 Fairlawn''), is a single purpose entity whose principals are Jim Klausman and Floyd Eaton. On August 21, 2017 29 Fairlawn electronically ftled an application with the County requesting the County issue its taxable industrial revenue bonds, in one or more series of bonds, in the estimated principal amount of $75,000,000.00 (the «Bonds'') the proceeds from which will finance the acquisition and installation of commercial improvements, including but not limited to entertainment amenities, restaurants and apartment buildings, on the 14+ /- acre area northwest of the intersection of 29th Street and Fairlawn Rd. (the «Project").

The Project lies within a tax increment finance district created by the City of Topeka, so there is no ad valorem exemption for the Project. Instead the incremental increase in ad valorem tax revenue attributed to the increase in value due to the Project being constructed will be spent on costs which qualify for TIP revenues. This Resolution authorizes the issuance and delivery of the Bonds and execution and delivery of the documents related thereto.

The Bonds, pursuant to KSA. §12-1740 et seq., are special limited obligations payable solely from rents and revenues due from 29 Fairlawn or its assigns as lessee under the Lease, the Bonds do not constitute a debt of the County within the meaning of any constitutional or statutory provision and are not payable in any manner from tax revenues.

Resolution No. 2017-iu_

A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ESTIMATED $75,000,000.00 AGGREGATE PRINCIPAL AMOUNT OF SHAWNEE COUNTY, KANSAS, TAXABLE REVENUE BONDS (29 FAIRLAWN, LLC PROJECT), TO BE ISSUED IN ONE OR MORE SERIES; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND TRUST INDENTURE, BASE LEASE AGREEMENT AND LEASE PURCHASE AGREEMENT; APPROVING THE FORM AND AUTHORIZING THE EXECUTION, DELIVERY AND SALE OF SAID BONDS; AND AUTHORIZING THE OFFICERS, EMPLOYEES AND REPRESENTATIVES OF SHAWNEE COUNTY, KANSAS, TO DO AND PERFORM ALL THINGS NECESSARY, APPROPRIATE AND INCIDENTAL THERETO UNDER THE AUTHORITY OF KS.A. §§12-1740 ET SEQ.

RESOLUTION NO. 2017-~ A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ESTIMATED $75,000,000.00 AGGREGATE PRINCIPAL AMOUNT OF SHAWNEE COUNTY, KANSAS, TAXABLE INDUSTRIAL REVENUE BONDS (29 FAIRLAWN, LLC PROJECT), TO BE ISSUED IN ONE OR MORE SERIES; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND TRUST INDENTURE, BASE LEASE AGREEMENT AND LEASE AGREEMENT; APPROVING THE FORM AND AUTHORIZING THE EXECUTION, DELIVERY AND SALE OF SAID BONDS; AND AUTHORIZING THE OFFICERS, EMPLOYEES AND REPRESENTATIVES OF SHAWNEE COUNTY, KANSAS, TO DO AND PERFORM ALL THINGS NECESSARY, APPROPRIATE AND INCIDENTAL THERETO UNDER THE AUTHORITY OF K.S.A. §§12-1740 ET SEQ.

Whereas, the Board of County Commissioners (the "Board") of Shawnee County, Kansas (the "County") may, pursuant to KSA. §§12-1740 et seq., (the "Ad), issue its tevenue bonds and use the proceeds therefrom to acquire improvements such as build.ings, build.ing additions, .equipment, furnishings and other betterments and lease the same to a tenant for commercial purposes; and

Whereas, 29 Fairlawn, LLC, its successors and assigns, (collectively the "Tenant") has requested the Board to issue Shawnee County, Kansas, Taxable Industrial Revenue Bonds in one or mote series of issues in the estimated aggregate principal amount of $75,000,000.00, (the ''Bonds"), to (a) finance the acquisition, construction, equipping, furnishing and improving commercial, related facilities generally located in an area northwest of the intersection of SW 29th Street and Fairlawn Rd. (inclusive of adjacent right-of-way) which lies south of Shunga Creek and northeast of I-470 in Topeka, Kansas (the ''Project"); and (b) lease said Project under a base lease -lease purchase structure to the Tenant; and

Whereas, the Board, pursuant to the Act, fmds that the proposed issuance of the Bonds and leasing the Project to the Tenant would promote economic growth and jobs in the County and the State.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF SHAWNEE COUNTY, KANSAS:

Section f. Definition ofTenns. All terms and phrases not otherwise defined herein shall have the respective meanings set forth in the Bond Trust Indenture, (the "Indenture), the Base Lease (the ''Base Lease'') and Lease Agreement (the ''Lease"), each dated as of the date reflected thereon.

Section 2. Authority to Cause the Project to be Leased. The County, in accordance with the Act, has not received a written objection from the City concerning the issuance of the Bonds; thus, the County is hereby authorized to issue the Bonds and cause the Project to be leased from and back to Tenant as more particularly described in the Indenture, the Base Lease and the Lease hereinafter authorized.

Section 3. Authorization of and Security for the Bonds. The County is hereby authorized and directed to issue its "Shawnee County, Kansas, Taxable Industrial Revenue Bonds, (29 Fairlawn, LLC Project)" in the estimated aggregate principal amount of $75,000,000 in one or more series of issues for the purpose of providing funds to acquire the Project and pay certain costs of issuance. The Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued in the manner prescribed and subject to the provisions, covenants and agreements set forth in the Indenture. The Bonds shall be special limited obligations of the County payable solely from the Trust Estate under the Indenture, including

revenues from the Lease for the Project. The Bonds shall not be general obligations of the County, nor constitute a pledge of the faith and credit of the County and shall not be payable in any manner by taxation.

Section 4. Authorization of Indenture. The County is hereby authorized to enter into the Indenture with BOKF, N.A., Kansas City, Missouri dated as of the date set forth therein. The form of such document is deemed approved as evidenced by the Chairman's execution thereof, under which the County shall pledge to the Trustee, the Trust Estate as described in the Indenture, for the benefit of the owners of the Bonds on the terms and conditions set forth in the Indenture.

Sedion 5. Lease of the Project. The County shall cause the Project to be leased from and back to the Tenant pursuant to and in accordance with the provisions of the Base Lease and Lease Purchase Agreement each to be dated as of the date set forth therein, all in the form as approved by the Chairman as is evidenced by his execution thereof.

Section 6. Authorization of Sale ofthe Bonds. The Bonds shall be sold and delivered to the Tenant (the ''Purchaser'') upon the terms and subject to the provisions as is agreeable to the County and Tenant.

Section 7. Execution of Bonds and Bond Documents. The Chairman of the County is hereby authorized and directed to execute the Bonds and deliver them to the Trustee for authentication on behalf of, and as the act and deed of the County in the manner provided by the Act and in the Indenture. The Chairman, or the member of the County's governing body who is authorized by law to exercise the powers and duties of the Chairman in the Chairman's absence, is further authorized and directed to execute and deliver such other documents on behalf of, and as the act and deed of the County, with such corrections or amendments thereto as the Chairman or other person lawfully acting in the absence of the Chairman may approve, which approval shall be evidenced by his or her execution thereof, and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the purposes and intent of this Resolution. The County Clerk or the Deputy County Clerk of the County is hereby authorized and directed to attest the execution of the Bonds and such other documents, certificates and instruments as may be necessary or desirable to carry out the intent of this Resolution under the County's corporate seal.

Section 8. Pledge of the Project. The County hereby pledges the Trust Estate as defined in the Indenture, which includes but is not limited to, the Project and all the Rental Payments under the Lease, to the payment of the Bonds, in accordance with KSA. §12-1744. The lien created by such pledge shall be discharged when all of said Bonds shall be deemed to have been paid within the meaning of the applicable Indenture.

Settion 9. Further Authority. The officials, officers, agents and employees of the County are hereby authorized and directed to take such action, expend such funds and execute such other documents, certificates and instruments as may be necessary or desirable to carry out the provisions of this Resolution and to carry out and perform the duties of the County with respect to the Bonds as necessary to give effect to the transactions contemplated in this Resolution.

Settion 10. Effective Date. This Resolution shall take effect from and after its passage by the Board.

Section 11. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any remaining provisions of this Resolution.

-2-

ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, THIS 18th DAY OF DECEMBER 2017.

(Seal)

ATTEST:

Cynthia A. Beck, County Clerk

BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS

Robert E. Archer, Chairman

Kevin J. Cook, Vice Chairman

Michele A. Buhler, Commissioner

-3-

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EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF

SHAWNEE COUNTY, KANSAS HELD ON DECEMBER 18, 2017

The Board of County Commissioners of Shawnee County, Kansas met in regular session at the usual meeting place in the County on December 18, 2017, at 9:00 o'clock A.M. The Chairman presided, and the following members of the Board of County Commissioners were present: Michele A. Buhler, Robert Archer and Kevin Cook.

The following members of the Board of County Commissioners were absent: None

Following a public hearing there was presented to the Board of County Commissioners a Resolution entitled:

A RESOLUTION AUTHORIZING THE ISSUANCE OF AN. ESTIMATED $75,000,000.00 AGGREGATE PRINCIPAL AMOUNT OF SHAWNEE COUNTY, KANSAS, TAXABLE REVENUE BONDS (29 FAIRLAWN, LLC PROJECI'), TO BE ISSUED IN ONE OR MORE SERIES; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND TRUST INDENTURE, BASE LEASE AGREEMENT AND LEASE PURCHASE AGREEMENT; APPROVING THE FORM AND AUTHORIZING THE EXECUTION, DELIVERY AND SALE OF SAID BONDS; AND AUTHORIZING THE OFFICERS, EMPLOYEES AND REPRESENTATIVES OF SHAWNEE COUNTY, KANSAS, TO DO AND PERFORM ALL THINGS NECESSARY, APPROPRIATE AND INCIDENTAL THERETO UNDER THE AUTHORITY OF K.S.A. §§12-1740 ET SEQ.

The Resolution was considered and discussed; and thereupon on motion of Commissioner _________ _, seconded by Commissioner _________ __, the Resolution was adopted by the following roll call vote:

Yes: No:

Thereupon, the Resolution having been adopted by majority vote of the members of the Board of County Commissioners, it was given No. 2017-_, and was directed to be signed by the Board of County Commissioners and attested by the County Clerk. The Chairman then declared the motion duly carried.

CERTIFICATE

I, the undersigned, County Clerk of Shawnee County, Kansas, hereby certify that the above and foregoing is a true account of the action take from the minutes of the meeting of the Governing Body held on December 18, 2017. Witness my hand and the Seal of Shawnee County, Kansas.

(Seal) Cynthia A. Beck, County Clerk

Shawnee I ~ounty '' ~ r t; P.3fKS+ -! recreation

December 8, 2017

TO:

FROM:

RE:

Shawnee County · 2/ Board of Commissioners ~

John E. Knight, Directo~CJ ,0 Parks + Recreation U

' Transfer of Project Committed Funds

C ... :L

Purpose: Board of Commissioners approval is requested to transfer $89,734.60 for 2017 approved project budgets to the Parks + Recreation Building Maintenance (3R) fund.

Justification: The $89,734.60 was cpmmitted to 2017 projects that may not be completed prior to December 31, 2017. After' conferring with the Administrative Services Director, Betty Greiner, it was recommended that department request to transf€r these committed project funds to the Parks+ Recreation Building Maintenance (3R) Fund.

BCC Project Date

3/30/2017 Betty Phillips Park -10/12117 Gage Park Bus Shelters -10/12/17 Little Oakland Park -10/19/17 Bettis Overhead Netting 10/23/17 Ward Meade Irrigation N/A Carousel Flooring Project

JEK/lrk

Project No.

W04518 W05069 W05066 W05091 W04515 W05112

Amount

$5,365.00 $6,730 .00 $12,900.00 $56,839.60 $2,500.00 $5,400.00

parks.snco.us

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

Shawnee 1 ~ounty '-' , r f,; P.arKs+ -! recreation December 9, 20 17

TO:

FROM:

RE:

Board of Commissioners .I \ .0/ Shawnee County \--'\ {)

John E. Knight, Direc~ Parks + Recreation "[}

Shawnee Yacht Club, Inc. - Agreement Extension Outdoor Adventure and Business Divisions

Purpose: Board of Commissioners approval is requested on the attached agreement with the Shawnee Yacht Club, Inc. which will allow the club to utilize the facilities and Lake Shawnee in conjunction with C118-2011 through December 31,2018.

Justification: The Master Plan guides the department with Partnership Management concerning cooperative user groups of facilities and land such as the Shawnee Yacht Club.

Per 4.3 of the Strategic Implementation Action Plan, the Shawnee Yacht Club and Parks + Recreation are committed to determining measurable outcomes and evaluating the partnership on a regular basis. To help reduce expenses and recovery direct costs, the agreement will continue to be assessed throughout 2018 to determine shared levels of equity and desired outcomes. Any future agreement needs to foster an environment for determining the role of both parties along with the Shawnee County Parks and Recreation Foundation and potential assistance with future upgrades and improvements to facilities and land at Lake Shawnee.

JEK!blt SO/RM Attachment( s)

parks.snco.us

Sh:m;nee Cot;uty Pal ks + Recr~"'a!ion • 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-2600

SHAWNEE COUNTY CONTRACT NO. C-~-2017

AMENDMENT SHAWNEE COUNTY CONTRACT No. C118-2011

THIS AMENDMENT is agreed to this __ day of ____ , 2017, by and between THE

BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS ("COUNTY"), and the

Shawnee Yacht Club, Inc. ("CONTRACTOR").

WHEREAS, in Shawnee County Contract No. Cl18-2011, the Contractor and County entered

into an agreement for a facilities lease agreement; and

WHEREAS, the County and Contractor desire to extend the te1m of the Conttact for an

additional one (1) year period through December 31, 20 18;

NOW, THEREFORE, the parti~s agree as follows:

1. The term of Shawnee County Contract No. C118-2011 is hereby extended for one (1)

year through December 31, 2018.

2. Except as amended herein, all terms and conditions of Shawnee County Contract No.

C118-2011, as amended, will remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and

year first above written.

BOARD OF COUNTY COMMISSIONERS

SHAWNEE COUNTY, KANSAS

Roberi E. Archer, Chair

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

Rev. 09/2013 ATTACHMENT TO

SHAWNEE COUNTY CONTRACT c L(1/t -;;. 0 I{

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

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

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

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

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

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

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

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

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

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

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

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Robert E. Archer, Chair

Date:

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

.D~-Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street

Topeka, Kansas 66603-3933

Memorandum

DATE: December 13, 2017

To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: Out of state travel for an ESRI Developer Summit.

The Information Technology department and the Appraiser's Office are seeking authorization for out of state travel for one employee from each department to attend an ESRI Developer Summit in Palm Springs, CA from March 4, 2018 through March 9, 2018. This summit will provide extensive training opportunities for county staff members that are heavily involved in creating software code that leverages ESRI products such as ArcGIS along with other software platforms to create GIS enabled applications. Many of the upcoming software projects that both the Information Technology department and the Appraiser's Office are going to be collaborating on will be heavily dependent on GIS to bring mapping technology into applications to vastly improve functionality and efficiency. Some examples could include projects such as visual Route Books for Refuse department pickup routes and location based searches for property information on certain of the Appraiser's Office web pages.

Both departments are proposing to pay the conference registration for their employee out of their respective 2017 budgets ($1 ,850/employee/department) with the remaining costs for travel, lodging, and expenses (not to exceed $2,500/employee/department) to be paid out of their respective 2018 budgets.

CPO/mro

fax 785-2.91-4.907 phone 785-2-J.J-8200 exl. 40.JO

Shawnee County Sheriff's Office

Sheriff Herman T. Jones Law Enforcement Center

320 S. KANSAS, SUITE 200 TOPEKA, KANSAS 66603-3641

785-251-2200

MEMORANDUM

December 11, 2017

To: Shawnee County Commission

From: Sheriff Herman T. Jones

Re: Securing funds for future Recorder purchase

I am requesting to secure $65,000 from the 2017 Sheriff's budget by transferring it into a special project fund to purchase a new phone recorder. More specifically I request the funds be transferred to the "911 Maintenance & Repair Fund" which is fund # 29JCOOO, job ledger 250600000.

Our current NICE voice recorder is an end of life system, there are no more updates for the system and it is no longer supported by the manufacturer. Our current recorder will also not be compatible with the NextGeneration 911 phone system which will be installed the first quarter of 2018.

Please place this on your December 14, 2017 consent agenda.

If you have any questions please let me know.

Herman T. Jones, Shawnee County

Shawnee County Sheriff's Office

Sheriff Herman T. Jones Law Enforcement Center

320 South Kansas Ave., Suite 200 Topeka, Kansas 66603-3641

Phone: 785-368-2200 Fax: 785-368-2344

MEMORANDUM

December 11,2017 1ff fV/1 I?'

To: Sheriff Herman T. Jone ~ /e)'·/P'7

Thru: Undersheriff Phil Blume, Major Jay Simecka

From: Communications Assistant Director Melanie Mills-Bergers

Ref: Securing Recorder System funds

As you know the Communications Division has requested and approved for the funds from the Sheriffs budget to purchase a new phone Recording System. However, due to several factors, we will likely not meet the December 291

h deadline to purchase a new recorder.

It has become necessary to secure those 2017 funds in a special project fund that can be used in early 2018. I have conferred with Account Manager Lorna McPhail and it is her suggestion to request the approved funds, $65,000 be transferred in to the 911 Maintenance & Repair account, so to not require another account be opened.

Our current Voice Products NICE phone recorder was installed in 2009 and is at the end of its life. There are several reasons a New Recorder is needed:

• No more updates are available to the system • The Manufacturer does not support the system any longer, making it difficult to obtain

parts for the recorder • It will not be compatible with the NextGeneration 911 phone system that will be installed

the first quarter of 2018

In the last 6 months we have already seen some issues with the recorder, such as a loss in phone call recordings. Luckily they were able to be recovered from the phone computer itself. Moving forward we will not be able to retrieve lost recordings should our recorder fail.

The importance of having a reliable, updated, phone recording system in place is paramount for a 911 center. It is a tool that is used several times a day to research calls, complaints, verification of data, and is useful in court & investigations.

I requesting to have the request to transfer funds placed on the Commissioners' December 14, 2017 agenda for their consideration of approval.

Respectfully submitted,

~vlrMA/L.~ Melanie, ~l11;-B~~g~rs OfVS Communications Assistant Director

DATE: December 12, 2017

TO: Board of County Commissioners

Shawnee County Facilities Maintenance

200 SE 7th Street Topeka, KS 66603

(785) 251-4490

FROM: Bill Kroll, Facilities Maintenance Director

SUBJECT: Request for approval to enter into a contract with Senne & Company Construction for the addition/construction of one each ADA compliant restroom within the Chambers area of Suite# 410 in the amount of$ 35,500.00 as a Guaranteed Maximum Price.

Responses to the RFP for this potential project were limited to Senne Construction at $35,500 and KBS Contractors at $53,923. The fact that Senne's price is nearly $19,000 less, and that the Senne crew is already on site due to the Courtroom renovations easily makes the Senne proposal the lowest and best option to proceed should the County Commission approve this addition.

During the initial design phase for the courtroom and chambers renovations in suite # 410, a preliminary discussion concerning the possible addition of a private, ADA compliant restroom for the judge was brought forth by Mr. Chuck Hydovitz and Judge Watson. As design/cost estimate work continued, it was determined that there simply was not enough money to complete the courtroom renovations and a restroom addition from the courtroom project budget. There was also discussion during design regarding the need for the restroom addition at this time as well as the cost/benefit of what is effectively, a private ADA restroom.

The District Court and Court Administration, led by Mr. Hydovitz, decided to proceed with the ADA restroom design, which has been invoiced separately by Senne and will be paid by Court Administration.

Funding sources for this construction project are identified as follows:

Court Administration is asking to transfer $30,000 from their 2017 budget to a project fund and the balance of $5,500 to be paid from the 2017 Capital Outlay fund.

Respectfully, . ~

Bill Kroll Facilities Maintenance Director

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Job Number: [ __ ]

(Lump Sum Price)

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This document Is proudly endorsed by:

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This Agreement is made this 11th day of December, 2017, by and between

OWNER, Board of County Commissioners, Shawnee County, Kansas 200 SE ?th Street Topeka, KS 66603 Owner's Representative: Bill Kroll, Director of Facilities

and

CONSTRUCTOR, Senne & Company, Inc. 2001 NW Highway 24

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,;;:~;Zc'::z>. ConsensusDocsN 205- Standard Short Form Agreement Between Owner and Constructor· "2011, Revised March 2012. THIS ift c ~~-· ·, DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through

i( .. ··. c ... ·1 the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly •. : encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You \~ ~ >' may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

\(;;:-..:::; . • prohibited. . ~ . • CONTENT SECURE ID: C47B96BC-5368

Topeka, KS 66618 Constructors Representative: Cindy Hill, Project Manager

Tax identification number (TIN) 48-1062927 Contractor License No., if applicable G2QP 2012000000234

The Owner and Constructor are collectively the "Parties." Notice to the Parties shall be given at the above addresses.

PROJECT: ADA Compliant Restroom in Suite 410 of the Shawnee County Courthouse, Shawnee County Project No.069-17

DESIGN PROFESSIONAL: Falk Architects

1. THE WORK The Constructor shall furnish construction administration and management services and use the Constructor's diligent efforts to perform the Work in an expeditious manner consistent with the Contract Documents. The Constructor shall provide all labor, materials, equipment and services necessary to complete the Work, as described in Exhibit A "The Work", all of which shall be provided in full accord with and reasonably inferable from the Contract Documents.

2. PRICE As full compensation for performance by the Constructor of the Work, the Owner shall pay the Constructor the lump sum price of Thirty-Five Thousand Five Hundred dollars [($35,500)]. The lump sum price is hereinafter referred to as the Contract Price, which shall be subject to increase or decrease as provided in this Agreement.

3. EXHIBITS The following attached exhibits are made part of this Agreement:

A. EXHIBIT A: The Work, one page.

B. EXHIBIT B: Contract Documents.

4. ETHICS The Parties shall perform their obligations with integrity, ensuring at a minimum that each: (a) avoids conflicts of interest and promptly discloses any to the other Party; and (b) warrants that it has not and shall not pay nor receive any contingent fees or gratuities to or from the other Party, including its agents, officers, and employees, subcontractors, or others for whom they may be liable, to secure preferential treatment.

5. CONSTRUCTOR'S RESPONSIBILITIES The Constructor shall be responsible for supervision and coordination of the Work, including the construction means, methods, techniques, sequences, and procedures utilized, unless the Contract Documents give other specific instructions.

5.1. Except for permits and fees that are the responsibility of the Owner pursuant to this Agreement, the Constructor shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. BUILDING PERMIT BY CONSTRUCTOR

5.2. The Constructor shall pay all applicable taxes legally enacted when bids are received or negotiations concluded for the Work provided by the Constructor.

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J·?"I ·' •• Consensus Docs~ 205. Standard Short Form Agreement Between Owner and Constructor-., 2011, Revised March 2012. THIS .·/ DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through

' ... '. .· . . .. ·\ the ConsensusDocs platfonn. Consultation with legal and insurance counsel and careful review of the entire documents are strongly \.\ ' encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You -: · may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

'". . • prohibited . • - CONTENT SECURE ID: C47896BC-5368

5.3. In the event that the Owner elects to perform work at the Worksite directly or by others retained by the Owner, the Constructor and Owner shall coordinate the activities of all forces at the Worksite and shall agree upon fair and reasonable schedules and operational procedures for Worksite activities. The Owner shall require each separate contractor to cooperate with the Constructor and assist with the coordination of activities and the review of construction schedules and operations. The Contract Price and Contract Time shall be equitably adjusted, as mutually agreed by the Parties, for changes made necessary by the coordination of construction activities, and the construction schedule shall be revised accordingly.

5.4. In order to facilitate its responsibilities for completion of the Work in accordance with and as reasonably inferable from the Contract Documents, prior to commencing the Work, the Constructor shall examine and compare the drawings and specifications with information furnished by the Owner pursuant to section 6.2; relevant field measurements made by the Constructor; and any visible conditions at the Worksite affecting the Work.

5.5. COMPLIANCE WITH LAWS The Constructor shall comply with all laws at its own costs. The Constructor shall be liable to the Owner for all loss, cost, or expense, attributable to any acts or omissions by the Constructor, its employees, subcontractors, and agents for failure to comply with laws, including, fines, penalties, or corrective measures.

5.6. WARRANTY

5.6.1. The Work shall be executed in accordance with the Contract Documents in a workmanlike manner. The Constructor warrants that all materials and equipment shall be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. The Constructor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. The Constructor's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage, use for a purpose for which the Project was not intended, improper or insufficient maintenance, modifications performed by the Owner or others retained by Owner, or abuse.

5.6.2. If, prior to the Date of Substantial Completion and within one year after the date of Substantial Completion of the Work, any portion of the Work is found to be not in conformance with the Contract Documents ("Defective Work"), the Owner shall promptly notify the Constructor in writing. Unless the Owner provides written acceptance of the condition, the Constructor shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible.

5.7. SAFETY The Constructor shall have overall responsibility for safety precautions and programs in the performance of the Work, except that the Constructor's subcontractors shall also be responsible for the safety of persons or property in the performance of their work, and for compliance with the provisions of laws. The Constructor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect its employees and other persons at the Worksite; materials and equipment stored at on-site or off-site locations for use in the Work; and property located at the Worksite and adjacent to Work areas, whether or not the property is part of the Work.

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7•: · • Consensus Docs N 205 - Standard Short Form Agreement Between Owner and Constructor - <> 2011, Revised March 2012. THIS

: DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through f_ :, the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly \ 1 encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You \ · may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

, . proh1bJ!ed . .. ""··· . CONTENT SECURE ID: C47896BC-5368

5.8. HAZARDOUS MATERIALS A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal, state, or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or clean-up. The Constructor shall not be obligated to commence or continue work until any Hazardous Material discovered at the Worksite has been removed, or rendered or determined to be harmless by the Owner as certified by an independent testing laboratory and approved by the appropriate government agency. If the Constructor incurs additional costs or is delayed due to the presence or remediation of Hazardous Material, the Constructor shall be entitled to an equitable adjustment in the Contract Price or the Contract Time.

5.9. MATERIALS BROUGHT TO THE WORKSITE The Constructor shall be responsible for the proper delivery, handling, application, storage, removal, and disposal of all materials and substances brought to the Worksite by the Constructor in accordance with the Contract Documents and used or consumed in the performance of the Work.

5.1 0. SUBMITTALS The Constructor shall submit to the Owner and Design Professional for review and approval all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Submittals may be submitted in electronic form if required in accordance with ConsensusDocs 200.2 and section 6.5. The Constructor shall be responsible to the Owner for the accuracy and conformity of its submittals to the Contract Documents. The Constructor shall prepare and deliver its submittals to the Owner and Design Professional in a manner consistent with the Schedule of the Work and in such time and sequence so as not to delay the performance of the Work or the work of the Owner and others retained by the Owner. The Constructor submittals shall identify in writing for each submittal all changes, deviations, or substitutions from the requirements of the Contract Documents. The approval of any Constructor submittal shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents unless express written approval is obtained from the Owner specifically authorizing such deviation, substitution, or change. Further, the Owner shall not make any change, deviation, or substitution through the submittal process without specifically identifying and authorizing such deviation to the Constructor. The Owner shall be responsible for review and approval of submittals with reasonable promptness to avoid causing delay. The Constructor shall perform all Work strictly in accordance with approved submittals. The Owner's approval does not relieve the Constructor from responsibility for Defective Work resulting from errors or omissions of any kind on the approved shop drawings.

5.11. WORKSITE CONDITIONS If the conditions at the Worksite are (a) subsurface or other physical conditions which are materially different from those indicated in the Contract Documents, or (b) unusual and unknown physical conditions which are materially different from conditions ordinarily encountered and generally recognized as inherent in the Work provided for in the Contract Documents, the Constructor shall stop Work and give prompt written notice of the condition to the Owner and Design Professional. The Constructor shall not be required to perform any work relating to the unknown condition without the written mutual agreement of the Parties. Any change in the Contract Price or Contract Time as a result of the unknown condition shall be made by Change Order.

5.12. CUTTING, FITTING, AND PATCHING The Constructor shall perform cutting, fitting, and patching necessary to coordinate the various parts of the Work and to prepare its Work for the work of the Owner or others retained by the Owner.

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©. · · .-.,. "· · Consensus Docs~ 205 - Standard Short Form Agreement Between Owner and Constructor - "2011, Revised March 2012. THIS

DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through ~.·. 1 the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly · ' encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You · · may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

·-c • • prohibited . . ~·· CONTENT SECURE ID: C47896BC-5368

5.13. CLEANING UP The Constructor shall regularly remove debris and waste materials at the Worksite resulting from the Work. Prior to discontinuing Work in an area, the Constructor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. The Constructor shall minimize and confine dust and debris resulting from construction activities. At the completion of the Work, the Constructor shall remove from the Worksite all construction equipment, tools, surplus materials, waste materials, and debris.

6. OWNER'S RESPONSIBILITIES Any information or services to be provided by the Owner shall be provided in a timely manner.

6.1. FINANCIAL INFORMATION Before commencing the Work and thereafter at the written request of the Constructor, the Owner shall provide the Constructor with evidence of Project financing. Evidence of such financing shall be a condition precedent to the Constructor's commencing or continuing the Work. The Constructor shall be notified prior to any material change in Project financing.

6.2. WORKSITE INFORMATION The Owner shall provide at the Owner's expense and with reasonable promptness the following, which the Constructor shall be entitled to rely upon for its accuracy and completeness:

6.2.1. information describing the physical characteristics of the Worksite, including surveys, Worksite evaluations, legal descriptions, data, or drawings depicting existing conditions, subsurface, and environmental studies, reports and investigations;

6.2.2. tests, inspections and other reports dealing with environmental matters, hazardous material and other existing conditions, including structural, mechanical, and chemical tests required by the Contract Documents or by law; and

6.2.3. any other information or services requested in writing by the Constructor that are relevant to the Constructor's performance of the Work and under the Owner's control. The information required by this subsection shall be provided in reasonable detail. Legal descriptions shall include easements, title restrictions, boundaries, and zoning restrictions. Worksite descriptions shall include existing buildings and other construction and all other pertinent Worksite conditions. Adjacent property descriptions shall include structures, streets, sidewalks, alleys, and other features relevant to the Work. Utility details shall include available services, lines at the Worksite and adjacent thereto, and connection points. The information shall include public and private information, subsurface information, grades, contours, and elevations, drainage data, exact locations and dimensions, and benchmarks that can be used by the Constructor in laying out the Work.

6.3. MECHANICS AND CONSTRUCTION LIEN INFORMATION Within seven (7) days after receiving the Constructor's written request, the Owner shall provide the Constructor with the information necessary to give notice of or enforce mechanics lien rights and, where applicable, stop notices. This information shall include the Owner's interest in the real property on which the Project is located and the record legal title.

6.4. BUILDING PERMIT, FEES, AND APPROVALS Except for those required of the Constructor pursuant to this Agreement, the Owner shall secure and pay for all other permits, approvals, easements, assessments, and fees required for the development, construction, use, or occupancy of

5

@/~~?··· Consensus Docs N 205 - Standard Short Form Agreement Between Owner and Constructor-<> 2011, Revised March 2012. THIS

. , DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through f ,

1 the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly

', ; encouraged. Purchase of the document permits the user to pnnt one contract for each party to the contract w1thm one proJect only. You '·, · may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

... , . proh1b1ted. ···-· CONTENT SECURE ID: C47B96BC-5368

permanent structures or for permanent changes in existing facilities, including the building permit. BUILDING PERMIT BY CONSTRUCTOR

6.5. DOCUMENTS IN ELECTRONIC FORM If the Owner requires that the Owner, Design Professional, and Constructor exchange documents and data in electronic or digital form, prior to any such exchange, the Owner, Design Professional, and Constructor shall agree on a written protocol governing all exchanges in ConsensusDocs 200.2 or a separate addendum.

7. SUBCONTRACTS Work not performed by the Constructor with its own forces shall be performed by subcontractors. The Constructor agrees to bind every subcontractor and material supplier (and require every subcontractor to so bind its subcontractors and material suppliers) to all the provisions of this Agreement and the Contract Documents as they apply to the subcontractor's and material supplier's portions of the Work.

8. CONTRACT TIME

8.1. DATE OF COMMENCEMENT The Date of Commencement is the Agreement date on page one, unless otherwise set forth below: Notice to Proceed will be the commencement date.

8.2. TIME Substantial Completion of the Work shall be achieved in FIFTY-SIX days from the Date of Commencement. Unless otherwise specified in the Certificate of Substantial Completion, the Work shall be finally complete within TEN days after the date of Substantial Completion, subject to adjustments as provided for in the Contract Documents. Time is of the essence for this Agreement.

8.3. Failure to achieve substantial completion as stipulated in the terms of the contract shall result in the assessment of One Hundred Dollars ($100.00) per calendar day in liquidated damages, which shall be deducted from contract sum prior to final payment

9. SCHEDULE OF THE WORK Before submitting the first application for payment, the Constructor shall submit, for review by the Design Professional and approval by the Owner, a Schedule of the Work that shall show the dates on which the Constructor plans to begin and to complete various parts of the Work, including dates on which information and approvals are required from the Owner.

9.1. The Owner may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the Schedule of the Work. The Owner may require the Constructor to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by the Owner or others. To the extent such changes increase the Constructor's time and costs, the Contract Price and Contract Time shall be equitably adjusted.

10. DELAYS AND EXTENSIONS OF TIME

1 0.1. If the Constructor is delayed at any time in the commencement or progress of the Work by any cause beyond the control of the Constructor, the Constructor shall be entitled to an equitable extension of the Contract Time. Examples of causes beyond the control of the Constructor include, but are not limited to, the following: acts or omissions of the Owner, the Design Professional, or others;

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. ~·. ConsensusDocsN 205- Standard Short Form Agreement Between Owner and Constructor- "'2011, Revised March 2012. THIS f/ ~ ~:) \\, DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through

>. :·, the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly

'·\9.. . C . . ' encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You \ , may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

.• , ... .. . • · prohibited . .. ~- CONTENT SECURE ID: C47896BC-5368

changes in the Work or the sequencing of the Work ordered by the Owner or arising from decisions of the Owner that impact the time of performance of the Work; transportation delays not reasonably foreseeable; labor disputes not involving the Constructor; general labor disputes impacting the Project but not specifically related to the Worksite; fire; terrorism, epidemics, adverse governmental actions, unavoidable accidents or circumstances; adverse weather conditions not reasonably anticipated; encountering Hazardous Materials; concealed or unknown conditions; and delay authorized by the Owner pending dispute resolution. The Constructor shall process any requests for equitable extensions of Contract Time in accordance with the provisions of article 12.

1 0.2. In addition, if the Constructor incurs additional costs as a result of a delay that is caused by acts or omissions of the Owner, the Design Professional, or others, changes in the Work or the sequencing of the Work ordered by the Owner, or arising from decisions of the Owner that impact the time of performance of the Work, encountering Hazardous Materials, concealed or unknown conditions, or delay authorized by the Owner pending dispute resolution, the Constructor shall be entitled to an equitable adjustment in the Contract Price subject to article 12.

1 0.3. In the event delays to the Work are encountered for any reason, the Constructor shall provide prompt written notice to the Owner of the cause of such delays after the Constructor first recognizes the delay. The Owner and Constructor agree to undertake reasonable steps to mitigate the effect of such delays.

1 0.4. NOTICE OF DELAY CLAIMS If the Constructor requests an equitable extension of the Contract Time or an equitable adjustment in the Contract Price as a result of a delay, the Constructor shall give the Owner written notice of the claim. If the Constructor causes delay in the completion of the Work, the Owner shall be entitled to recover its additional costs, subject to the mutual waiver of consequential damages herein.

11. ALLOWANCES All allowances stated in the Contract Documents shall be included in the Contract Price. While the Owner may direct the amounts of, and particular material suppliers or subcontractors for, specific allowance items, if the Constructor reasonably objects to a material supplier or subcontractor, it shall not be required to contract with them. The Owner shall select allowance items in a timely manner so as not to delay the Work. Allowances shall include the costs of materials and equipment delivered to the Worksite less applicable trade discounts and including requisite taxes, unloading and handling at the Worksite, and labor and installation, unless specifically stated otherwise. The Constructor's overhead and profit for the allowances shall be included in the Contract Price, but not in the allowances. The Contract Price shall be adjusted by Change Order to reflect the actual costs when they are greater than or less than the allowances.

12. CHANGES

12.1. The Constructor may request or the Owner may order changes in the Work or the timing or sequencing of performance of the Work that impacts the Contract Price or the Contract Time. All such changes in the Work that affect the Contract Time or Contract Price shall be formalized in a Change Order.

12.2. The Owner and Constructor shall negotiate in good faith an appropriate adjustment to the Contract Price or the Contract Time and shall conclude these negotiations as expeditiously as

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.. ~, Consensus Docs~ 205 - Standard Short Form Agreement Between Owner and Constructor - '"2011, Revised March 2012. THIS :( C:):\\ DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through '.{ c 1\ \.' the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly \\ ' encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You \~v· mayo~ly make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

'·<.·,"' ·'"" . / proh1b1ted. CONTENT SECURE ID: C47896BC-5368

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possible. Acceptance of the Change Order and any adjustment in the Contract Price or Contract Time shall not be unreasonably withheld.

12.3. INTERIM DIRECTED CHANGE

12.3.1. The Constructor shall not be obligated to perform changes in the Work that impact the Contract Price or the Contract Time until a Change Order has been executed or a written Interim Directed Change has been issued. The Owner may issue a written Interim Directed Change directing a change in the Work prior to reaching agreement with the Constructor on the adjustment, if any, in the Contract Price or the Contract Time.

12.3.2. The Owner and the Constructor shall negotiate expeditiously and in good faith for appropriate adjustments, as applicable, to the Contract Price or the Contract Time arising out of an Interim Directed Change. As the changed work is performed, the Constructor shall submit its costs for such work with its application for payment. If there is a dispute as to the cost of the Work, the Owner shall pay the Constructor fifty percent (50%) of its estimated cost to perform the work. In such event, the Parties reserve their rights as to the disputed amount, submitted to the requirements of article 20.

12.3.3. When the Owner and the Constructor agree upon the adjustment in the Contract Price or the Contract Time, for a change in the Work directed by an Interim Directed Change, such agreement shall be the subject of a Change Order.

12.4. COST OR CREDIT DETERMINATION

12.4.1. An increase or decrease in the Contract Price or the Contract Time resulting from a change in the Work shall be determined by one or more of the following methods:

12.4.1.1. unit prices set forth in this Agreement or as subsequently agreed;

12.4.1.2. a mutually accepted, itemized lump sum;

12.4.1.3. costs calculated on a basis agreed upon by the Owner and Constructor plus ten% overhead and ten% profit; or

12.4.1.4. by the method provided here:[ __ ].

12.4.1.5. If a cost or credit determination cannot be agreed to above, the cost of the change in the Work shall be determined by the reasonable actual expense incurred or savings realized in the performance of the Work resulting from the change. If there is a net increase in the Contract Price, the Constructor's overhead and profit shall be adjusted accordingly. In case of a net decrease in the Contract Price, the Constructor's overhead and profit shall not be adjusted unless ten percent (1 0%) or more of the Project is deleted. The Constructor shall maintain a documented itemized accounting evidencing the expenses and savings.

12.5. UNIT PRICES If unit prices are included in the Contract Documents or are subsequently agreed to by the Parties, but the character or quantity of such unit price items as originally contemplated is so

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· · .,... · >. Consensus Docs~ 205 - Standard Short Form Agreement Between Owner and Constructor -., 2011, Revised March 2012. THIS

• . DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through ;{ •.· the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly •A j encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You \ · may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

·· .. ''<. ·-"'· •·• prohibited. CONTENT SECURE ID: C47896BC-5368

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different in a proposed Change Order that the original unit prices will cause substantial inequity to the Owner or Constructor, such unit prices shall be equitably adjusted.

12.6. PERFORMANCE OF CHANGED WORK The Constructor shall not be obligated to perform Changed Work until a Change Order has been executed by the Owner and Constructor.

13. PAYMENT

13.1. SCHEDULE OF VALUES Within twenty-one (21) days from the date of execution of this Agreement, the Constructor shall prepare and submit to the Owner and, if directed, the Design Professional, a schedule of values apportioned to the various divisions or phases of the Work. Each line item contained in the schedule of values shall be assigned a monetary price such that the total of all items shall equal the Contract Price.

13.2. PROGRESS PAYMENTS The Constructor shall submit to the Owner and, if directed, the Design Professional a monthly application for payment no later than the 1Oth day of the calendar month for the preceding thirty (30) days. The Constructor's applications for payment shall be itemized and supported by the Constructor's schedule of values and any other substantiating data as required by this Agreement. Payment applications shall include payment requests on account of properly authorized Change Orders. The Owner shall pay the amount otherwise due on any payment application, less any amounts as set forth below, no later than twenty (20) days after the Constructor has submitted a complete and accurate payment application. The Owner may deduct, from any progress payment, such amounts as may be retained pursuant to section 13.3.

13.3. RETAINAGE From each progress payment made prior to Substantial Completion the Owner may retain zero percent (0 %) of the amount otherwise due after deduction of any amounts as provided in section 13.4. After the Work is fifty percent (50%) complete, the Owner shall withhold no additional retainage and shall pay the Constructor the full amount due on subsequent progress payments.

13.4. ADJUSTMENT OF CONSTRUCTOR'S PAYMENT APPLICATION The Owner may adjust or reject a payment application or nullify a previously approved payment application, in whole or in part, as may reasonably be necessary to protect Owner from loss or damage based upon the following, to the extent that Constructor is responsible for such under this Agreement:

13.4.1. the Constructor's repeated failure to perform the Work as required by the Contract Documents;

13.4.2. loss or damage arising out of or relating to this Agreement and caused by the Constructor to the Owner or to others retained by the Owner to whom the Owner may be liable;

13.4.3. the Constructor's failure to properly pay subcontractors for labor, materials, or equipment furnished in connection with the Work following receipt of such payment from the Owner;

13.4.4. Defective Work not corrected in a timely fashion;

13.4.5. reasonable evidence of delay in performance of the Work such that the Work will not be completed within the Contract Time;

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.:~~".,.,, •. ,.,,. ConsensusDocs~ 205- Standard Short Form Agreement Between Owner and Constructor· "'2011, Revised March 2012. THIS ,:( ~ . : DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through ·_( c ·. 1 the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly

~- ' encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You ""-0 > m" >'"'-. ""'"' '""';~' '~•••" •• ';"rib"''" ro .,,;~ ;, ••d ~"""'".., '"' romred> Aoy """,_ore_, ····z: ., . • • · prohibited.

. -· . CONTENT SECURE 10: C47B96BC-5368

13.4.6. reasonable evidence demonstrating that the unpaid balance of the Contract Price is insufficient to fund the cost to complete the Work; and

13.4. 7. uninsured third-party claims involving the Constructor or reasonable evidence demonstrating that third-party claims are likely to be filed unless and until the Constructor furnishes the Owner with adequate security in the form of a surety bond, letter of credit, or other collateral or commitment which are sufficient to discharge such claims if established.

No later than seven (7) days after receipt of an application for payment, the Owner shall give written notice to the Constructor disapproving or nullifying it or a portion of it, specifying the reasons for the disapproval or nullification. When the above reasons for disapproving or nullifying an application for payment are removed, payment shall be made for the amounts previously withheld.

13.5. PAYMENT DELAY If for any reason not the fault of the Constructor, the Constructor does not receive a progress payment from the Owner within seven (7) days after the time such payment is due, the Constructor, upon giving seven (7) days' written notice to the Owner, and without prejudice to and in addition to any other legal remedies, may stop Work until payment of the full amount owing to the Constructor has been received. The Contract Price and Contract Time shall be equitably adjusted by Change Order for reasonable cost and delay resulting from shutdown, delay, and start-up.

13.6. SUBSTANTIAL COMPLETION When Substantial Completion of the Work or a designated portion thereof is achieved, the Constructor shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, and the respective responsibilities of the Owner and Constructor for interim items such as security, maintenance, utilities, insurance, and damage to the Work, and fixing the time for completion of all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by the Constructor to the Owner for written acceptance of responsibilities assigned in the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or a designated portion.

13.6.1. Upon acceptance by the Owner of the Certificate of Substantial Completion, the Owner shall pay to the Constructor the remaining retainage held by the Owner for the Work described in the Certificate of Substantial Completion less a sum equal to two hundred percent (200%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Owner and Constructor as necessary to achieve final completion. Uncompleted items shall be completed by the Constructor in a mutually agreed timeframe. The Owner shall pay the Constructor monthly the amount retained for unfinished items as each item is completed.

13.7. FINAL COMPLETION When final completion has been achieved, the Constructor shall prepare for the Owner's acceptance a final application for payment stating that to the best of Constructor's knowledge, and based on the Owner's inspections, the Work has reached final completion in accordance with the Contract Documents.

13.7.1. Final payment of the balance of the Contract Price shall be made to the Constructor within twenty (20) days after the Constructor has submitted to the Owner a complete and accurate application for final payment and the following submissions:

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@ .. · · .·· · ConsensusDocsN 205- Standard Short Form Agreement Between Owner and Constructor· "2011, Revised March 2012. THIS

. . DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through ,·_ . __ i the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly ~ . · encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You ·. · may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

" .. . . prohibited. ... ... . CONTENT SECURE ID: C478968C-5368

13.7 .1.1. an affidavit declaring any indebtedness connected with the Work, e.g. payrolls or invoices for materials or equipment, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber the Owner's property;

13.7 .1.2. as-built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents;

13.7.1.3. release of any liens, conditioned on final payment being received;

13.7.1.4. consent of any surety, if applicable; and

13.7.1.5. a report of any accidents or injuries experienced by the Constructor or its subcontractors at the Worksite.

13.8. Claims not reserved by the Owner in writing with the making of final payment shall be waived except for claims relating to liens or similar encumbrances, warranties, Defective Work, and latent defects. Unless the Constructor provides written identification of unsettled claims known to the Constructor at the time of making application for final payment, acceptance of final payment constitutes a waiver of such claims.

13.9. LATE PAYMENT Payments due but unpaid shall bear interest from the date payment is due at the statutory rate at the place of the Project.

14. INDEMNITY

14.1. To the fullest extent permitted by law, the Constructor shall indemnify and hold harmless the Owner, Owner's officers, directors, members, consultants, agents, and employees and the Design Professional (the lndemnitees) from all claims for bodily injury and property damage, other than to the Work itself and other property insured under section 15.3, including reasonable attorneys' fees, costs, and expenses, that may arise from the performance of the Work but only to the extent caused by the negligent acts or omissions of the Constructor, subcontractors or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. The Constructor shall be entitled to reimbursement of any defense costs paid above the Constructor's percentage of liability for the underlying claim to the extent provided in the section immediately below.

14.2. To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Constructor, its officers, directors, or members, subcontractors, or anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable from all claims for bodily injury and property damage, other than property insured under section 15.3, including reasonable attorneys' fees, costs, and expenses, that may arise from the performance of work by the Owner, Design Professional, or others retained by the Owner, but only to the extent caused by the negligent acts or omissions of the Owner, the Design Professional, or others retained by the Owner. The Owner shall be entitled to reimbursement of any defense costs paid above the Owner's percentage of liability for the underlying claim to the extent provided in the section immediately above.

14.3. NO LIMITATION ON LIABILITY In any and all claims against the lndemnitees by any employee of the Constructor, anyone directly or indirectly employed by the Constructor or anyone for whose acts

11

©.~·""''·· · ConsensusDocsN 205 ·Standard Short Form Agreement Between Owner and Constructor -"'2011, Revised March 2012. THIS

. • DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through

i.'.. ', the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly ··, j encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You ·• · may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

. . • prohibited . .. - .. CONTENT SECURE ID: C47B96BC-5368

the Constructor may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Constructor under Workers' Compensation acts, disability benefit acts, or other employment benefit acts.

15. INSURANCE

15.1. Before commencing the Work and as a condition precedent to payment, the Constructor shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance (CGL). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, contractual liability, and broad form property damage. The Constructor shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. If requested, the Constructor shall provide the Owner with certificates of the insurance coverage required. The Constructor's Employers' Liability, Business Automobile Liability, and CGL policies, as required in this article, shall be written with at least the following limits of liability:

15.1.1. Employers' Liability Insurance:

a. $500,000 bodily injury by accident per accident;

b. $500,000 bodily injury by disease policy limit

c. $500,000 bodily injury by disease per employee.

15.1.2. Business Automobile Liability Insurance:

a. $1,000,000 per accident.

15.1.3. CGL Insurance:

a. $1,000,000 per occurrence;

b. $2,000,000 general aggregate;

c. $2,000,000 products/completed operations aggregate;

d. $1,000,000 personal and advertising injury limit.

15.2. Employers' Liability, Business Automobile Liability, and CGL coverage required in the subsection above may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. The Constructor shall maintain in effect all insurance coverage required in the section immediately above with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. If the Constructor fails to obtain or maintain any insurance coverage required under this Agreement, the Owner may purchase such coverage and charge the expense to the Constructor, or

12

@,.cc-· ·. · ConsensusDocs~ 205- Standard Short Form Agreement Between Owner and Constructor ·"'2011, Revised March 2012. THIS

. . DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through j. i the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly '. ' encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You · ' may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

... . . . • prohibited. ·-. CONTENT SECURE ID: C47B96BC-5368

terminate this Agreement. To the extent commercially available to the Constructor from its current insurance company, insurance policies required under section 15.1 shall contain a provision that the insurance company or its designee must give the Owner written notice transmitted in paper or electronic format: (a) 30 days before coverage is nonrenewed by the insurance company and (b) within 10 business days after cancelation of coverage by the insurance company. Prior to commencing the Work and upon renewal or replacement of the insurance policies, the Constructor shall furnish the Owner with certificates of insurance until one year after Substantial Completion or longer if required by the Contract Documents. In addition, if any insurance policy required under section 15.1 is not to be immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, the Constructor shall give Owner prompt written notice upon actual or constructive knowledge of such condition.

15.3. PROPERTY INSURANCE Before the start of Work, the Owner shall obtain and maintain Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss. This insurance shall also name the Constructor, subcontractors, subsubcontractors, material suppliers, and Design Professional as named insureds. This insurance shall be written as a Builder's Risk Policy or equivalent form to cover all risks of physical loss except those specifically excluded by the policy. The Owner shall be solely responsible for any deductible amounts or coinsurance penalties. This policy shall provide for a waiver of subrogation in favor of the Constructor, subcontractors, subsubcontractors, material suppliers and Design Professional. This insurance shall remain in effect until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property to be covered by this insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until the Owner has secured the consent of the insurance company or companies providing the coverage required in this section. Before commencing the Work, the Owner shall provide a copy of the property policy or policies obtained in compliance with this section.

15.3.1. If the Owner does not intend to purchase the property insurance required by this Agreement, including all of the coverages and deductibles described herein, the Owner shall give written notice to the Constructor and the Design Professional before the Work is commenced. The Constructor may then provide insurance to protect its interests and the interests of the subcontractors and subsubcontractors, including the coverage of deductibles. The cost of this insurance shall be charged to the Owner in a Change Order. The Owner shall be responsible for all of the Constructor's costs reasonably attributed to the Owner's failure or neglect in purchasing or maintaining the coverage described above.

15.3.2. The Owner and Constructor waive all rights against each other and their respective employees, agents, contractors, subcontractors and subsubcontractors, and the Design Professional for damages caused by risks covered by the property insurance except such rights as they may have to the proceeds of the insurance and such rights as the Constructor may have for the failure of the Owner to obtain and maintain property insurance in compliance with section 15.2.

15.3.3. To the extent of the limits of the Constructor's CGL insurance specified in section 15.1 or [_]dollars ($[ __ ]), whichever is more, the Constructor shall indemnify and hold harmless the Owner against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of the Owner's existing adjacent property that may arise from the performance of the Work, to the extent caused by the negligent acts or omissions of the Constructor, subcontractor, or anyone

13

.<::•>· • ConsensusDocs~ 205 ·Standard Short Form Agreement Between Owner and Constructor· "2011, Revised March 2012. THIS / . DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through

,·.( · .. the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly \. ·

1 encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You

\ may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly · . . • . prohibited .

. ~. .. CONTENT SECURE ID: C47896BC-5368

employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable.

15.4. OWNER'S INSURANCE The Owner may procure and maintain insurance against loss of use of the Owner's property caused by fire or other casualty loss. The Owner shall either self-insure or obtain and maintain its own liability insurance for protection against claims arising out of the performance of this Agreement, including without limitation, loss of use and claims, losses and expenses arising out of the Owner's errors or omissions.

15.5. ADDITIONAL LIABILITY COVERAGE Owner [_]shall/ X shall not (indicate one) require Constructor to purchase and maintain liability coverage, primary to Owner's coverage in the section immediately above.

15.5.1. If required by section immediately above, the additional liability coverage required of the Constructor shall be:

1. [ __ ] ADDITIONAL INSURED. The Owner shall be named as an additional insured on Constructor's CGL insurance specified, for operations and completed operations, but only with respect to liability for bodily injury, property damage or personal and advertising injury to the extent caused by the negligent acts or omissions of the Constructor, or those acting on the Constructor's behalf, in the performance of the Constructor's Work for the Owner at the Worksite.

2. [ __ ] .OCP. The Constructor shall provide an Owners' and Contractors' Protective Liability Insurance ("OCP") policy with limits equal to the limits on CGL insurance specified, or limits as otherwise required by the Owner. Any documented additional cost in the form of a surcharge associated with procuring the additional liability coverage in accordance with this subsection shall be paid by the Owner directly, or the costs may be reimbursed by the Owner to the Constructor by increasing the Contract Price to correspond to the actual cost required to purchase and maintain the additional liability coverage. Before commencing the Work, the Constructor shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing that the Owner has been named as an additional insured, as applicable.

16. BONDS Performance and Payment Bonds [ __ ] are/ X are not required of the Constructor. Such bonds shall be issued by a surety admitted in the state in which the Project is located and must be acceptable to the Owner. The Owner's acceptance shall not be withheld without reasonable cause. The penal sum of the Payment Bond shall equal the penal sum of the Performance Bond.

17. LIMITED MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Except for (a) losses covered by insurance required by the Contract Documents, or (b) specific items of damages excluded from this waiver as mutually agreed upon by the Parties and identified below, the Parties agree to waive all claims against each other for any consequential damages that may arise out of or relate to this Agreement. The following items of damages are excluded from this mutual waiver: [ __ ].

17 .1. The provisions of this section shall also apply to the termination of this Agreement and shall survive such termination. The Owner and the Constructor shall require similar waivers in contracts with

14

· · ··~· · Consensus Docs~ 205- Standard Short Form Agreement Between Owner and Constructor-., 2011, Revised March 2012. THIS

,; . DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through i{ .' the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly ' _1 encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You

\ -...;;; · may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

· '~-. >, prohibited. . - . CONTENT SECURE 10: C47896BC-5368

subcontractors and others retained for the project.

18. RISK OF LOSS Except to the extent a loss is covered by applicable insurance, risk of loss or damage to the Work shall be upon the Constructor until the Date of Substantial Completion, unless otherwise agreed to by the Parties.

19. NOTICE TO CURE AND TERMINATION

19.1. NOTICE TO CURE A DEFAULT If the Constructor persistently fails to supply enough qualified workers, proper materials, or equipment to maintain the approved Schedule of the Work in accordance with article 9, or fails to make prompt payment to its workers, subcontractors, or material suppliers, disregards law or orders of any public authority having jurisdiction, or is otherwise guilty of a material breach of a provision of this Agreement, the Constructor may be deemed in default. If the Constructor fails within seven (7) business days after written notification to commence and continue satisfactory correction of such default with diligence and promptness, then the Owner shall give the Constructor a second written notice to correct the default within a three (3) business day period. If the Constructor fails to promptly commence and continue satisfactory correction of the default following receipt of such second notice, the Owner, without prejudice to any other rights or remedies, shall have the right to take reasonable steps it deems necessary to correct deficiencies and charge the cost to the Constructor, who shall be liable for such payments including reasonable overhead, profit, and attorneys' fees.

19.2. TERMINATION BY OWNER If, within seven (7) days of receipt of a notice to cure pursuant to section immediately above, the Constructor fails to commence and satisfactorily continue correction of the default set forth in the notice to cure, the Owner may notify the Constructor that it intends to terminate this Agreement for default absent appropriate corrective action within fourteen (14) additional days. After the expiration of the additional fourteen (14) day period, the Owner may terminate this Agreement by written notice absent appropriate corrective action. Termination for default is in addition to any other remedies available to the Owner. If the Owner's costs arising out of the Constructor's failure to cure, including the cost of completing the Work and reasonable attorney fees, exceed the unpaid Contract Price, the Constructor shall be liable to the Owner for such excess costs. If the Owner's costs are less than the unpaid Contract Price, the Owner shall pay the difference to the Constructor. In the event the Owner exercises its rights under this section, upon the request of the Constructor, the Owner shall furnish to Constructor a detailed accounting of the costs incurred by the Owner.

19.2.1. The Owner shall make reasonable efforts to mitigate damages arising from the Constructor default and shall promptly invoice the Constructor for all amounts due.

19.3. TERMINATION BY CONSTRUCTOR Upon seven (7) days' written notice to the Owner, the Constructor may terminate this Agreement if the Work has been stopped for a thirty (30) day period through no fault of the Constructor for any of the following reasons: (a) under court order or order of other governmental authorities having jurisdiction; (b) as a result of the declaration of a national emergency or other governmental act during which, through no act or fault of the Constructor, materials are not available.

19.3.1. In addition, upon seven (7) days' written notice to Owner, Constructor may terminate the Agreement if the Owner does any of the following: (a) fails to furnish reasonable evidence that

15

@ .. --.:;::: · · Consensus Docs N 205- Standard Short Form Agreement Between Owner and Constructor-"' 2011, Revised March 2012. THIS

: . DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through .( :

1 the ConsensusDocs platform. Consultation with legal and insurance counsel and careful review of the entire documents are strongly

'\ : encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You · . .. · may only make copies of finalized documents for distribution to parties in direct connection with this contract. Any other uses are strictly

. . . prohibited. -. CONTENT SECURE ID: C47896BC-5368

sufficient funds are available and committed for the entire cost of the Project in accordance with section 6.1; (b) assigns this Agreement over the Constructor's reasonable objection; (c) fails to pay the Constructor in accordance with this Agreement and the Constructor has complied with the notice provisions of section 13.5; or (d) otherwise materially breaches this Agreement.

19.3.2. Upon termination by the Constructor pursuant to this Agreement, the. Constructor shall be entitled to recover from the Owner payment for all Work executed and for any proven loss, cost, or expense in connection with the Work, including all demobilization costs plus reasonable overhead and profit.

19.4. OBLIGATIONS ARISING BEFORE TERMINATION Even after termination the provisions of this Agreement still apply to any Work performed, payments made, events occurring, costs charged or incurred, or obligations arising before the termination date.

20. CLAIMS AND DISPUTE RESOLUTION

20.1. CLAIMS FOR ADDITIONAL COST OR TIME Except as provided in sections 10.3 and 10.4 for any claim for an increase in the Contract Price or the Contract Time, the Constructor shall give the Owner written notice of the claim within fourteen (14) days after the occurrence giving rise to the claim or within fourteen (14) days after the Constructor first recognizes the condition giving rise to the claim, whichever is later. Except in an emergency, notice shall be given before proceeding with the Work. Any change in the Contract Price or the Contract Time resulting from such claim shall be authorized by Change Order.

20.2. WORK CONTINUANCE AND PAYMENT Unless otherwise agreed in writing, the Constructor shall continue the Work and maintain the Schedule of the Work during any dispute resolution proceedings. If the Constructor continues to perform, the Owner shall continue to make payments in accordance with the Agreement.

20.3. DISPUTE MITIGATION THROUGH DIRECT DISCUSSIONS If a dispute arises out of or relates to this Agreement or its breach, the Parties shall endeavor to settle the dispute through direct discussions. Within five (5) business days, the Parties' representatives, who shall possess the necessary authority to resolve such matter and who shall record the date of first discussions shall conduct direct discussions and make a good faith effort to resolve such dispute.

20.4. MEDIATION Disputes between the Owner and Constructor not resolved by direct discussion shall be submitted to mediation pursuant to the Construction Industry Mediation Rules of the American Arbitration Association (AAA). The Parties shall select the mediator within fifteen (15) days of the request for mediation. Engaging in mediation is a condition precedent to any form of binding dispute resolution.

20.5. BINDING DISPUTE RESOLUTION If neither direct discussions nor mediation successfully resolve the dispute, the Parties shall submit the matter to the binding dispute resolution procedure selected below:

[ __ ] Arbitration using the current Construction Industry Arbitration Rules of the AAA, or the Parties may mutually agree to select another set of arbitration rules. The administration of the arbitration shall be as mutually agreed by the Parties.

16

• •· ·· ·· "> Consensus Docs~ 205 • Standard Short Form Agreement Between Owner and Constructor ·., 2011, Revised March 2012. THIS

/c.~ ._ DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modifications can be generated through i . ·: the ConsensusDocs platfonm. Consultation with legal and insurance counsel and careful review of the entire documents are strongly < ·' encouraged. Purchase of the document permits the user to print one contract for each party to the contract within one project only. You \~ · moy ooO m•ko ""'~ d fi-d d="""'• '" ''""'"'oo ro ""~ '" Ored ~"""oo ~• '"" rom••· Aoy """'-••.....,

.. ,· .· .... '- ';. 6~~~~~T SECURE ID: C47896BC-5368

X Litigation In either the state or federal court having jurisdiction of the matter In the location of the Project.

20.6. COST OF DISPUTE RESOLUTION The costs of any binding dispute resolution procedures and reasonable attorneys' fees shall be bome by the non~prevalllng Party, as determined by the adjudicator of the dispute.

20. 7. VENUE The venue of any binding dispute resolution procedure shall be the location of the Project, unless the Parties agree on a mutually convenient location.

21. MISCELLANEOUS

21.1. EXTENT OF AGREEMENT Except as expressly provided, this Agreement Is for the exclusive benefit of the Parties and not for the benefit of any third party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral.

21.2. ASSIGNMENT Except as to the assignment of proceeds, neither Party shall assign Its Interest In this Agreement, In whole or In part, without the wrltten consent of the other Party. The terms and conditions of this Agreement shall be binding upon both Parties, their partners, successors, assigns, and legal representatives.

21.3. GOVERNING LAW This Agreement shall be governed by the law In effect at the location of the Project.

21.4. JOINT DRAFTING The Parties expressly agree that this Agreement was jointly drafted, and that they both had opportunity to negotiate terms and to obtain assistance of counsel In reviewing terms prior to execution. This Agreement shall be construed neither against nor In favor of either Party, but shall be construed in a neutral manner.

OWNER: Shawnee County Board of Commissioners

BY: ___ ·-------------

PRINT NAME: PRINT TITLE :

ATIEST: -------------­

NAME: TITLE:

PRINT TITLE: President OwYvet2-

17

ConaenausOor.s• 205 • Standard Short Forrn Agroamant Between OWner and Conatrur.t.or .e 2011, Revised March 2012, THIS DOCUMENT MAY HAVE BEEN MODIFIED FROM THE STANDARD LANGUAGE, and a report of modiflcaUona can be genmratod through the ConsensusOocs platrorm. Consulallon wllh legal and lnsuraiiCII counsol and careful review of lha entire documents are strongly encouraged. Purchase of the document permllslhe user to print one contract for each party to the contract wHhln one project only. You may only make copies of finalized documants for distribution to parties In direct r.onnectlon with this contract. Any olhllf uses are strtctly prohlbltod. CO~TENT SECURE 10; C47SB8BC·5388

~AME: Cindy Hill TITLE: ProJect Manager

END OF DOCUMENT.

18

Con$ansusDocs"' 205 ·Standard Sllort Form Agreement Between owner and Constructor· 0 2011, Revised March 2012. 'fHIS DOCUMENT MAY HAVE BEEN MODIFIED FROM 'fHE STANDARD LANGUAGE, and a report of modlflcallons can be generated through the ConsenauaDocs plalform. ConsuMallon wHh legal and Insurance counsel and careful revlaw oflhG entire documents are alrongly encouraged. Purchase of the docurn11nt p~~rmlls 1ho llSer lo print one conlracl for each party to the contract within one project only. You may only make copies of finalized documents for dlsl~butlon to partlealn direct connection vAth this conlracl. Any o1her uses are stootly prohibited. CONTENT SECURE ID: C47B98BC-8308

FINANCIAL REPORT

FOR NOVEMBER 30, 2017

SHAWNEE COUNTY, KANSAS

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2017 FINANCIAL REPORT 2

TOTAL YEAR-TO-DATE REVENUE

$120,000,000

$100,000,000

$80,000,000

$60,000,000

$40,000,000

$20,000,000

$-

2017 YTD BUDGET YTD 2016 YTD $98,718,400 $101,410,823 $101,317,708

CATEGORY 2017 YTD BUDGET YTD 2016 YTD

$101,410,823 $101 ,317,708 $98,718,400

Property Taxes $ 79,654,493 $ 80,073,603 $ 78,256,054

Other Taxes 11,292,801 11,452,181 11 ,183,372

Property Related Fees 1,864,643 1,430,710 2,064,454

Charges for Services 4,170,505 4,857,089 4,335,197

Misc. Revenue 4,428,382 3,504,125 2,879,324

$ 101,410,823 $ 101,317,708 $ 98,718,400

$

$

Misc.

Revenue

Charges

for Services

Fees

Taxes

Taxes

BUDGET VARIANCE

{419,110)

{159,379)

433,933

{686,585)

924,257

93,116

, SHAWNEE COUNTY KANSAS NOVEMBER 30, 2017 FINANCIAL REPORT 3

$90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000

$-

$12,000,000

$10,000,000

$8,000,000

$6,000,000

$4,000,000

$2,000,000

$-

$2,500,000

$2,000,000

$1,500,000

$1,000,000

$500,000

$-

PROPERTY TAXES

2017 YTD BUDGETYTD 2016 YTD

$79,654,493 $80,073,603 $78,256,054

2017 YTD BUDGET YTD 2016 YTD

$11,292,801 $11,452,181 $11,183,372

2017 YTD BUDGET YTD 2016 YTD

$1,864,643 $1,430,710 $2,064,454

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2017 FINANCIAL REPORT 4

$5,000,000

$4,000,000

$3,000,000

$2,000,000

$1,000,000

$-

$5,000,000

$4,000,000

$3,000,000

$2,000,000

$1,000,000

$-

2017 YTD BUDGETYTD

$4,170,505 $4,857,089

2017 YTD BUDGETYTD

$4,428,382 $3,504,125

YEAR-TO-DATE REVENUE

Property Related Fees

2016 YTD

$4,335,197

2016 YTD

$2,879,324

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2017 FINANCIAL REPORT 5

TOTAL YEAR-TO-DATE EXPENDITURES

$100,000,000

$90,000,000

$80,000,000

$70,000,000

$60,000,000

$50,000,000

$40,000,000

$30,000,000

$20,000,000

$10,000,000

$0

2017 YTD

$92,971,491

BUDGETYTD

$94,433,251

CATEGORY 2017 YTD BUDGET YTD

$92,971,491 $94,433,251

PUBLIC SAFETY $ 39,809,580 $ 41 ,062,827 PUBLIC HEAL 1H 8,890,703 8,876,703 ADMIN. SERVICES 11,740,587 11 ,569,200 PUBLIC WORKS 8,338,850 8,480,662 PARKS, REC & EXPO 14,268,269 14,515, 337 DEBT SERVICE 9,923,502 9,928,522

$ 92,971 ,491 $ 94,433,251

2016 YTD

$85,939,718

2016 YTD $85,939,718

$ 36,488,047 9,475,483 9,394,326 7,695,898

12,810,856 10,075,108

$ 85,939,718

$

$

EXPO

PUBLIC WORKS

ADMIN .

SERVICES

PUBLIC SAFETY

BUDGET VARIANCE

(1 ,253,247) 14,000

171 ,387 (141 ,811) (247,067)

(5,020)

(1 ,461 '760)

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2017 FINANCIAL REPORT 6

$50,000,000

$40,000,000

$30,000,000

$20,000,000

$10,000,000

$-2017 YTD

PUBLIC SAFETY

BUDGET YTD

• $39,809,580 $41,062,827

PUBLIC HEALTH

$10,000,000

$8,000,000

$6,000,000

$4,000,000

$2,000,000

$-2017 YTD

• $8,890,703

BUDGETYTD

$8,876,703

2016 YTD

$36,488,047

2016 YTD

$9,475,483

ADMINISTRATIVE SERVICES

$12,000,000

$10,000,000

$8,000,000

$6,000,000

$4,000,000

$2,000,000

$-

2017 YTD

• $11,740,587

BUDGETYTD 2016 YTD

$11,569,200 $9,394,326

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2017 FINANCIAL REPORT 7

PUBLIC WORKS

$10,000,000

$8,000,000

$6,000,000

$4,000,000

$2,000,000

$-2017 YTD

• $8,338,850

BUDGETYTD 2016 YTD

$8,480,662 $7,695,898

PARKS, RECREATION & EXPOCENTRE

$15,000,000

$10,000,000

$5,000,000

$-2017 YTD BUDGET YTD 2016 YTD

• $14,268,269 $14,515,337 $12,810,856

$12,000,000 $10,000,000

$8,000,000 $6,000,000 $4,000,000 $2,000,000

$-

DEBT SERVICE

2017 YTD BUDGETYTD 2016 YTD

$9,923,502 $9,928,522 $10,075,108

SHAWNEE COUNTY KANSAS NOVEMBER 30, 2017 FINANCIAL REPORT 8

$45,000,000

$40,000,000

$35,000,000

$30,000,000

$25,000,000

$20,000,000

$15,000,000

$10,000,000

$5,000,000

$-PUBLIC

SAFETY

YEAR-TO-DATE EXPENDITURES

PUBLIC

HEALTH

ADMIN.

SERVICES

PUBLIC PARKS, REC DEBT

WORKS & EXPO SERVICE

YEAR-TO-DATE EXPENDITURES