board of county commissioners agenda monday, march … · board of county commissioners agenda...

BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, MARCH 20,2017,9:00 AM

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

I. Final Report on Project Topeka, recognition of Steve Atchison, Appraiser's Office, and presentation of funds to Project Topeka.

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Acknowledge receipt of the March 22 Expocentre Advisory Board meeting agenda and minutes of the February 22 meeting.

2. Consider authorization and execution of Contract C100-2017 with SMG and Brenda Cummings for her daughter's wedding reception to be held in Heritage Hall on June 16th with access on June 15th for a total rental fee of $2, 112.50-Expocentre.

3. Acknowledge receipt of Summons in the following cases: CASE NO: 2017CV000028 Wells Fargo Bank NA vs. Board of County Commissioners, Shawnee County, Kansas; CASE NO: 2017CV000107 Wells Fargo Bank, NA vs. Board of County Commissioners, Shawnee County, Kansas; CASE NO: 2017CV000112 US Bank National Association- Trustee vs. Board of County Commissioners, Shawnee County, Kansas; CASE NO: 2017CV000113 Wells Fargo Financial Kansas Inc. vs. Board of County Commissioners, Shawnee County, Kansas; CASE NO: 2017CV000136 The Bank of New York Mellon, f/k/a The Bank ofNew York vs. Board of County Commissioners, Shawnee County, Kansas; CASE NO: 20 17CVOOO 13 8 Deutsche Bank National Trust Company- Trustee vs. Board of County Commissioners, Shawnee County, Kansas; CASE NO: 20 17CVOOO 140 US Bank Trust NA -Trustee vs. Board of County Commissioners, Shawnee County, Kansas; and CASE NO: 2017CV000149 Wells Fargo Bank NA vs. Board of County Commissioners, Shawnee County, Kansas.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

B. COUNTY COUNSELOR- Jim Crowl

1. Consider authorization and execution of Contract C1 Ol-2017 with the Kansas Expocentre for use of Heritage Hall to conduct the judicial tax foreclosure sale scheduled for April 28, 2017.

C. PUBLIC WORKS/SOLID WASTE -Tom Vlach

I. Consider authorization and execution of Contract C1 02-2017 with Douglas County establishing Shawnee County as the lead agency for theSE Woodring Road over Un-named Tributary to Elk Creek project with Douglas County reimbursing Shawnee County I 00 percent for right-of-way appraisal and acquisition within Douglas County and establishes maintenance and inspection for the completed structure.

D. INFORMATION TECHNOLOGY- Pat Oblander

1. Consider authorization and execution of Contract Cl 03-2017 with IBM for support services for an IBM Power 8 computer platform that was purchased in December of2016 from Tyler Technologies and does not require additional funding.

2. Consider authorization and execution of Contract C104-2017 with Computer Information Concepts for annual maintenance for the Tax Administration Solution platform that is used to perform many tasks involved in tax revenue collection, distribution and record keeping at a cost of $60,280.00 from the IT budget.

E. PARKS AND RECREATION -John Knight

1. Consider approval to transfer $225,000.00 from the Parks and Recreation 2017 Operating Budget to the Building Maintenance Budget as an initial step to develop and implement the process to address deferred capital maintenance needs of the department.

2. Consider approval of a preliminary Project Budget in an amount of$287,059.90 and to solicit Request for Proposals or Request for Qualifications for the following projects:

(a) Repair of the Blaisdell Family Aquatic Center Family Slide. (b) Updates ofthe GIS aerials of West Lawn Memorial Gardens and Family Park. (c) Overlay 2100 feet of the loop trail around the arboretum. (d) Implement a new management system to replace the RAL software with one that is current. (e) Application of a level top-dressing to improve playability at the Shawnee North Community

Park Soccer Field. (f) Cleanup of Shunga Glen Park and supplemented with volunteer efforts. (g) Remove and replace a chain-link fence with a black steel picket fence at Ward-Meade Park.

3. Consider approval of a request to solicit Request for Priced Proposals from local construction firms for services necessary for the construction of concrete cart paths at the Cypress Ridge Golf Course.

4. Consider approval of request to negotiate a revised scope of work with Emcon, Inc. for the Lake Shawnee Spillway Improvement Project.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

KANSAS EXPOCENTRE ADVISORY BOARD MEETING

Manor Conference Centre Wheat Room Wednesday, March 22, 2017

Roll Call

Approve Minutes

Capital Expenditures

STAFF REPORTS Interim General Manager- Les Crooks Financial- Donna Casebier Operations - Hans Niska Livestock- Justin Gregory Marketing - Allie Manning

REPORTS Capital Plaza Hotel- Kevin Smith Heart of America - Bob Lohmeyer Kansas State Extension- Cindy Evans

COMMITTEE REPORTS

Lunch at 11:45 12:00- 1:00

AGENDA

Capital Committee- Niska, Block, Thomas

ADJOURN

NEXT BOARD MEETING

Manor Conference Centre River Room April26, 2017

12:00PM

.:71] ~ .. 1

KANSAS EXPOCENTRE ADVISORY BOARD MEETING Wednesday, February 22,2017

Manor Conference Centre Wheat Room 12:00 P.M.

The following members were present for the board meeting: Brenda Block, Chair; Mary Thomas, Vice Chair; Commissioner Shelly Buhler; Councilman Jeff Coen; Bill Beach; Pam Walstrom; Sandra Griffith

Also present were: Les Crooks, Interim General Manager; Donna Casebier, Finance Director; Hans Niska, Director of Operations; Allie Manning, Marketing Coordinator; Justin Gregory, Livestock Operations Director; Misty Rogers, Event Coordinator; Tori Fuglister, Event Coordinator; Brie Berggren, Executive Assistant; Jim Crowl, SNCO Counselor; Cindy Evans, Director of SNCO Extension Office; Kevin Smith, General Manager, Capitol Plaza Hotel

Block called the meeting to order at 12:00 P.M. Roll call was taken.

Block stated she would entertain a motion to approve last month's minutes. Thomas made a motion to approve the minutes. Beach seconded the motion. Motion passed.

Regarding the Capital Expenditures, Niska's report is attached hereto and made a part of the minutes. There were no expenditures to approve this month.

Regarding the General Manager's report, Crooks report is attached hereto and made a part of the minutes.

Regarding the Financial report, Casebier stated for the month we are behind budget. That is mainly on the income side. Globetrotters and WWE were down in attendance which in part contributed to being behind budget. Thomas made a motion to accept the financial report. Coen seconded the motion. Motion passed.

Regarding the Operations report, Niska stated that at the moment there is not an update to the concrete work. We are still waiting for a date that the work will be done. The operations department has done a lot of work on sprucing the facility up by painting, installing the new carpet, and organizing stock of event related necessities.

Regarding the Livestock report, Gregory's report is attached hereto and made a part of the minutes.

Regarding the Marketing report, Manning stated Capital Carnage radio ads start this week with TV spots and Facebook ads starting next week. We are working on having a derby car in Westridge Mall again like last year to promote the event. There is a contest giveaway on Facebook to give away tickets to announce the on-sale date. VFC will be working with the marketing department on promoting their upcoming event which they

1

have not done before. That may help boost ticket sales and get the word out to the local communities about the event in May. New signage has gone up in the Atrium as well as Domer. Manning is working with Donald from the Roadrunners and Heart of America on promoting their upcoming April hockey games which will be the last regular season games this season. Manning asked that if any of the board members had contacts with local business owners that she be put in contact with them about sponsorship opportunities. The KU students who are working on the marketing project will do a final presentation on their ideas May 2, 2017 in Heritage Hall at 7PM. A few of the students were here for the Circus and will be attending the Demo Derby to observe the workings of events.

Regarding Heart of America report, Lohmeyer was not present.

Regarding the Capitol Plaza Hotel report, Kevin Smith stated the Chamber Dinner was an exciting event to cater and went very well and 877 people were in attendance. The hotel is full Friday and Saturday with Equifest using guest rooms as well as Manor for vendor spots. June or July will be the target months to renovate the guest rooms; designs are being done by the corporate office currently. Smaller events as well as their big events means 201 7 is looking to be a good year for the hotel.

Regarding the Shawnee County Extension office report, Cindy Evans stated that since the last meeting Crowl has taken a look at the crumbling concrete and handicap spots by the Extension Office and has asked for bids to renovate those problem areas. Evans and staff are gearing up for the 4-H season; every month there will be at least one 4-H event going on. The Extension office is currently hiring a horticulture agent as their current agent is retiring. The position will be open until March 20th.

County counselor Crowl stated that at next month's meeting he should have more information about a contract for the renovation architect HTK which he will share with the board as well as an update on the RFP process for management of the Expocentre.

THERE BEING NO OTHER BUSINESS to come before the board, the Kansas Expocentre Advisory Board adjourned at 1 :00 P.M.

Brenda Block, Chairman

Prepared by Brie Berggren

2

Memorandum

To: Les Crooks, Interim General Manager

From: Hans Niska, Director of Operations

Re: Advisory Board Report

Date: February 17, 2017

During the month of February, we have or will have hosted the following events:

• Boat and Outdoor Show • Kansas Home and Garden Show • RV and Sport Show • Shrine Circus • Equifest • Numerous wedding receptions, equestrian events, and private events

Upcoming events in the month of March include: • NAIA National Wrestling Championships • Topeka Home Builders Show • 5A Basketball Tournament • Capital City Carnage • Kansas Kids Wrestling • Future Business Leaders of America • Numerous wedding receptions, equestrian events, and private events

Operations Update:

We are in the midst of our busiest season and have been working around the clock to service all of the events we have hosted. Even with the very busy event load we have made time to continue several building improvement projects including painting and, we have completed the carpeting project that was approved last month. This has made a significant difference in our service level rooms.

Capital Expenditure Items for February: I do not have any capital expenditure projects to present for this month. I have begun working on a few spring projects and will have those for you next month.

Date: February 15, 2017

To: Kansas Expocentre Advisory Board

From: Les Crooks

Interim General Manager

Re: February Advisory Board Report

Events held during the past month included: Monster Buck Classic; two (2) Roadrunners hockey games;

a Boy Scout overnight (part of the Roadrunners weekend); Harlem Globetrotters; Boat and Outdoor

Show; Central States Winter Tournament; Kansas Garden Show; two (2) wedding receptions; Arab

Shrine Circus; RV and Sport Show; Capital City Cycle Show; LULAC Sweetheart Dance and a 4-H Livestock

Clinic.

Painting of the facilities has been completed and all concessions stands received a deep cleaning.

Carpeting has been installed in locker rooms 1 & 2, star room, skate room, Finance Office and the

elevator in the Atrium. Additionally, new furniture was purchased for Tammy Romine's office and a

conference table to conduct show settlements was also procured. Additionally, we are continuing to

work on an RFP that would provide for improved wireless access for both patrons and promoters.

On January 6, 2017, Shawnee County issued an RFP for management services for the Kansas Expocentre.

The County is seeking a five year agreement with a management company, similar to the one that is

currently in place with SMG. Key dates in this process or listed below:

Mandatory Pre-Proposal Meeting and Tour

Deadline to Receive Written Questions

Response Deadline for Written Questions

Proposals Due

Review of Proposals

Presentations

Intent to Award Contract

Execute Contract

Commence Management Agreement

February 22, 2017

March 3, 2017

March 10, 2017

March 17, 2017

March 20-31, 2017

Week of April3, 2017

May 1, 2017

No later than July 1, 2017

No later than January 1, 2018

The venue was able to secure a three-year commitment with the new owners of Blizzard Bash through

2020.

Upcoming events:

• Equifest- February 23-26

• NAIA Wrestling Championships- March 3-5

• Spirit, Mind, Body Fair- March 3-5

• Washburn University leadership Challenge- March 3

• Central States Winter Tournament- March 4

• Dodge City Night- March 6

• 4-H livestock Clinic- March 8

• 5-A High School Basketball Tournament- March 9-12

• Topeka Homebuilders Show- March 9-12

• Kansas Hunter Jumper Association Show- March 9-12

• Capital City Carnage- March 18

I attended the Pollstar live Conference in los Angeles at the beginning of the month. SMG held an ali

day meeting for GMs on January 31 to meet individually with promoters and agents. Representatives

from AEG live, live Nation, Creative Artists Agency, William Morris Entertainment and others spoke to

the group about its upcoming tours and the future of venue promoter partnerships. Additionally, I

attended sessions on E-gaming, marketing latin/Hispanic shows; Sustainability and Hologram Touring

Opportunities. Through this conference, I have been able to garner leads on four different events.

February 4th

February 15-20

February 21-26

KANSASEXPOCENTRE LIVESTOCK ADVISORY BOARD REPORT

February 2017

February Events

Central States Winter Tournament

Shrine Circus

EquiFest 2017

February 2016 welcomed the Central States Winter Tournament on the first Saturday of the month. Event was very well attended and the producer has extended her March event from one day event to a two-day event. This is an event that had been held at the American Royal in Kansas City.

Preparation for EquiFest 2017 began on February 131h with the relocation of 40 stalls into Domer Arena for the A venue of Breeds Showcase. The open area created in the stall bam was then ripped, leveled and repacked to create more display and event space. This event will utilize every inch of Landon Arena, Exhibition Hall, Domer Arena, warm up arena, stall bam and including the hotel's Manor Conference Center. Landon Arena will be covered with dirt and will be used as the main arena for events such as the Jumper Classic and the Ranch Rodeo. EquiFest was held in Park City KS for 18 years and this is its second year here in Topeka so we are very excited about this new addition.

At this time, there are three available weekends in Domer Arena through December 2017. April15-16, July 29-30, and August 12-13 have not been booked yet.

This concludes my report and I will be happy to answer any questions.

Jus tin Gregory Livestock Event Manager

. 7[[_

Memo

TO:

FROM:

DATE:

RE:

Robert E. Archer, Chairman, Shawnee County Commission Kevin Cook, Vice-Chair, Shawnee County Commission Shelly Buhler, Shawnee County Commission

Les Crooks, Interim General Manager~ March 9, 2017

Sheem-Cummings Wedding Reception, June 15-16,2018

Please add this request to the commission agenda for Thursday, March 16, 2017.

We have prepared a contract for the Sheem-Cummings wedding reception held in Heritage Hall on June 15-16, 2018. As SMG's contract expires at the end of2017 I'd like the commissioners to approve this contract so we may send our client their contract for their event.

Thank you for your consideration on this matter.

~· /

I

SHAWNEE COUNT~ CONTRACT #~\OO '&0l=l

PERMIT FOR USE OF THE KANSAS EXPOCENTRE FACILITIES

PERMIT NO. #18-27617

SECTION 1.0 PARTIES

1.1 This permit, made and entered into on Thursday, March 09,2017, with KANSAS EXPOCENTRE of Shawnee County, Kansas and

Organization: Rep. Name:

Street: City/State/Zip:

Telephone: Cell:

Sheern-Cummings Reception Brenda Cummings (MOB) 1718 SW Stone Crest Dr. Topeka, KS 66615 785-640-7132 (Brenda) 785-250-4450 (Bride, Katlyn)

1.2 Pursuant to home rule resolution No. HR-84-4-A of Shawnee County Commission and this permit and subject to the conditions, limitations and restrictions contained in said resolution or hereinafter set forth, permission is hereby granted for PERMITTEE to use and occupy the EXPOCENTRE as detailed hereinafter.

Approval of Permit: This permit will not be in force until it has been approved by the General Manager of the KANSAS EXPOCENTRE. Before the General Manager will sign, the PERMITTEE shall endorse the same "accepted" in the space hereinafter provided, and return to the KANSAS EXPOCENTRE no later than April 8, 2017 accompanied by any payment required.

This Permit shall have no force or effect whatsoever unless and until PERMITTEE endorses the same "accepted" in the space hereinafter provided. By said acceptance, PERMITTEE shall covenant and agree to well and truly perform or abide by each and every provision, condition, restriction and limitation of this permit. Said compliance shall be a condition subsequent to the continuance in effect of this permit.

FACILITY Heritage Hall

SECTION 2.0- FEE TERMS

DAY Friday Saturday

DATE June 15, 2018 June 16, 2018

TIME OF USE 5 hours 3PM-1AM 4PM-12AM 12AM-1AM

PURPOSE ACCESS/DECORATE ACCESS EVENT HOURS MOVE OUT

2.1 PERMITTEE agrees to pay the KANSAS EXPOCENTRE, for use of leased space, a guarantee of TWO THOUSAND ONE HUNDRED TWELVE DOLLARS AND 50/100 ($2,112.50).

Facility Rental (1.5 days@ $750.00/day) $1,125.00 •

Operations Staff(16.5hrs.@ $21.00/hr.) $346.50

Security, non-supervisor (8.5hrs. @ $17 .00/hr.) $144.50

Security, supervisor (8.5hrs.@ $19.00/hr.) $161.50

Insurance (300@ $0.70/person) $210.00

Line of Demarcation/Gazebo $75.00

Round Tables (5@ $10.00/each) $50.00

Deposit: $750.00 ; Due by 4/8/2017

Final Payment: $1,362.50 ; Due by 5/15/2018 Rec'd --------

2.2 It is agreed that if PERMITTEE fails to hold the event, the sum of SEVEN HUNDRED FIFTY DOLLARS AND N0/100 ($750.00) will be retained, as liquidated damages, not as penalty. PERMITTEE agrees to pay reimbursable expenses incurred By the KANSAS EXPOCENTRE in connection with the event or events covered by this permit.

2.3 Interest shall be due and payable by the PERMITTEE to the KANSAS EXPOCENTRE at a rate of ONE AND ONE HALF PERCENT PER MONTH (18% APR) for past due amounts.

2.4 PERMITTEE agrees that if the KANSAS EXPOCENTRE incurs any costs in the collection or enforcement of payment of this agreement, including, but not limited to, collection agency fees, costs of filing suit and reasonable attorney fees, PERMITTEE agrees to pay such costs.

SECTION 3.0- INDEMNIFICATION

3.1 PERMITTEE agrees to indemnify, defend and save harmless the COUNTY, SMG, a Pennsylvania Joint Venture Partnership, its partners, agents, and employees, and the KANSAS EXPOCENTRE, its officers and representatives, against any and all claims for injury to person or damage to property, including claims of volunteers, participants in the event or employees of PERMITTEE, any contractor or subcontractor, resulting directly or indirectly from any act, incident or accident occurring in, upon or about the premises of the KANSAS EXPOCENTRE as a result of the acts, errors or omissions of the PERMITTEE or its agents or arising in connection with operations, use or occupancy of the premises by PERMITTEE.

SECTION 4.0- RULES AND REGULATIONS

4.1 PERMITTEE will abide by and conform to all rules and regulations adopted or prescribed by the COUNTY, KANSAS EXPOCENTRE, SMG and GENERAL MANAGER for the protection, control and management of the premises. The aforementioned premises and keys thereof, shall be at all times, under the charge and control of the GENERAL MANAGER. PERMITTEE shall not allow the premises to be used for lodging rooms nor for any improper, immoral, illegal or objectionable purpose and will not sublet any space hereby leased without the written approval. PERMITTEE will not in any way obstruct, or interfere with the occupancy of other tenants on the premises, not in any way injure or annoy them.

4.2 PERMITTEE will comply with all laws of the United States and the State of Kansas; all City of Topeka ordinances; Shawnee County resolutions; and all lawful orders of law enforcement, health and fire departments. PERMITTEE will obtain and pay for all necessary permits and licenses. PERMITTEE will neither do, nor suffer to be done, anything on said premises during the term of this permit in violation with such laws, ordinances, resolutions, rules or orders. This permit is fully executed in the State of Kansas, and Kansas law is applicable.

SECTION 5.0- GENERAL TERMS AND CONDITIONS OF USE AND OPERATION (PUBLIC SAFETY)

5.1 PERMITTEE agrees at all times to conduct activities with full regard to public safety and will observe and abide by all applicable regulations and request by duly authorized governmental agencies responsible for public safety.

SECTION 6.0 -FIRE AND OTHER UNFORESEEN OCCURRENCES

6.1 That in case the said premises, or any part thereof, shall not be ready for occupancy due to incomplete construction, or shall be destroyed or damaged by fire, storm, flood or any other cause, or if any other casualty of unforeseen occurrence shall render the fulfillment term of this permit by the KANSAS EXPOCENTRE impossible, including without limitation thereto, the requisition of the premises by the United States Government, or any arm or instrumentality thereof, or by reason of labor disputes, then and thereupon this permit shall terminate, and the PERMITTEE shall pay rental for said premises only up to the time of such termination, and at the rate herein specified, and the PERMITTEE hereby waives any claim for damages or compensation should this permit be so terminated.

SECTION 7.0- RESPONSIBILITY FOR PROPERTY IN BUILDING

7.1 The KANSAS EXPOCENTRE assumes no responsibility whatsoever for any property placed in said premises by PERMITTEE, PERMITTEE'S agents, exhibitors or others related to this event. PERMITTEE hereby expressly relieves and discharges the KANSAS EXPOCENTRE from any and all liability for any loss, injury or damage to persons or property that may be sustained by reason of the use or occupancy of said premises, or any part thereof under this permit. All watchmen, or other protective service, desired by PERMITTEE, must be arranged for special agreement with the KANSAS EXPOCENTRE at the sole cost and expense of the PERMITTEE or as stipulated in such permit.

7.2 In the event the above-described portion of the said premises is not vacated by PERMITEE, on the date named at the end of the term for which said portions of said premises are to be used, the KANSAS EXPOCENTRE is hereby authorized to move from said premises at the expense of PERMITTEE, all goods, wares, merchandise and property of any kind and all kinds and

description which may then be occupying the portion of said premises on which the term of this permit has expired. The KANSAS EXPOCENTRE shall not be liable for any damage or loss to said goods, wares, merchandise or other property which may be sustained by reason of such removal or the place to which it may be removed. The KANSAS EXPOCENTRE is hereby expressly released from any and all claims for damage or whatever kind of nature. For such additional period beyond the term of this permit, that any effects of PERMITTEE remain in or on said premises, County shall be entitled to charge the standard sum per day as the payment to be made for this type of event.

SECTION 8.0- DAMAGE OR DEFACEMENT OF BUILDING OR PREMISES

8.1 PERMITTEE shall not injure, mar or in any manner deface said building or premises and shall not cause nor permit anything to be done whereby said buildings or premises shall be in any manner injured or marred or defaced; nor shall he/she drive, nor permit to be driven nails, hooks, tacks, or screws in any part of said building; nor shall he/she make nor allow to be made any alteration of any kind therein. If said premises or any portion of said building or grounds during the term of this permit shall be damaged by the act, default or negligence of PERMITTEE or by the PERMITTEE'S agents, employees, patrons or any person or persons admitted to said premises by said PERMITTEE, PERMITTEE will pay to the County upon demand, such sum as shall be necessary to restore said premises to their original condition. It is PERMITTEE'S responsibility to inspect the KANSAS EXPOCENTRE at move-in and notify the General Manager in writing of all damage present at the time of inspection. Written notification must be presented to the General Manager no later than one (1) hour before move-in. Failure to provide written notification is construed to mean there is no damage to report.

SECTION 9.0- SIGNS AND POSTERS

9.1 PERMITTEE shall not do, or permit to be done upon said premises, anything that will tend to injure, mar or in any manner deface said premises, and will not drive or install, or permit to be driven or installed, any nails, hooks, tacks or screws, into any part of the KANSAS EXPOCENTRE and will not allow to be made any alterations of whatsoever kind to said building or any equipment or facilities thereof. PERMITTEE will use, post or exhibit only such signs, advertisements, show bills, lithographs, posters or cards as related to the performance of exhibition to be given the premises under this permit and which meet with the approval of the GENERAL MANAGER.

SECTION 10.0- ADDITIONAL PROVISION

I 0.1 PERMITTEE agrees that he/she not stage any act or performance in which fire or flame is involved without first having obtained the prior written permission of the Fire Chief or Fire Marshall. PERMITTEE further agrees that he/she will not use any decorative materials prohibited by City ordinances, County resolutions, State or Federal laws and building regulations, including but not limited to: crepe paper, cellophane, confetti, cotton, cornstalks, leaves, evergreen boughs, sheaves of grain, streamers, straw, paper, vines, moss or any similar flammable or combustible materials in or about the premises of the KANSAS EXPOCENTRE. All decorative materials must have the prior approval of the Fire Chief or Fire Marshall. PERMITTEE shall not, without written consent of the Fire Chief of Fire Marshall, put up or operate an engine or motor or machinery on the premises or use oils, burning fluids or gases, camphene, kerosene, naphtha or gasoline inside or on the grounds of the KANSAS EXPOCENTRE.

SECTION 11.0- NON-EXCLUSIVE RIGHT

11.1 The KANSAS EXPOCENTRE shall retain the right to use and/or license use of such portions of its facility, as may not be covered by this permit. The KANSAS EXPOCENTRE also retains the right to re-enter any part of the premises covered by this permit should such part become vacant and to determine that such unused portion may be offered for other use with receipts therefrom going to the KANSAS EXPOCENTRE with an appropriate adjustment on PERMITTEE'S rental rate.

SECTION 12.0- DEFAULT OF PERMITTEE

12.1 PERMITTEE further agrees that if any default is made in the payment or the rent or any part thereof at the times above specified, or if any default is made in the permit herein contained, this permit and the relationship of the parties, at the option of the KANSAS EXPOCENTRE, shall cease and terminate. The relationship of the parties, may at the option of the GENERAL MANAGER, cease and terminate. PERMITTEE shall be liable for the full amount of the rent provided herein, plus actual expenses incurred by the KANSAS EXPOCENTRE which normally would be considered reimbursement expenses in the final settlement. In case suit or action is instituted by the KANSAS EXPOCENTRE to enforce compliance with this permit, the KANSAS EXPOCENTRE shall be entitled, in addition to the costs and disbursements provided by statute, to such additional sums in lawful money of the United States as the court may adjudge reasonable for attorney's fees to be allowed in said suit or action.

SECTION 13.0- LOST ARTICLES

13.1 The KANSAS EXOCENTRE shall have the sole right to collect and have the custody of articles left in the building by persons attending any performance, exhibition or event given or held in the aforesaid premises. The PERMITTEE or any person in the PERMITTEE'S employ shall not collect or interfere with the collection or custody of such articles.

SECTION 14.0- RIGHT TO ENTER

14.1 The KANSAS EXPOCENTRE does not relinquish and does hereby retain the right to enforce all necessary laws, rules, resolutions and regulations for the management and operation of said premises. The KANSAS EXPOCENTRE retains the right to enter the aforesaid premises at any time and on any occasion without any restrictions whatsoever.

SECTION 15.0- SEATING CAPACITY AND FLOOR PLANS

15.1 PERMITTEE shall not admit to said premises so large a number of persons that they cannot safely and freely move about in said premises. The decision of the KANSAS EXPOCENTRE in this respect shall be final. It is further understood and agreed the PERMITTEE will permit no chairs or seats to be or remain in the passageways and/or fire lanes. The sidewalks, grounds, entry passages, vestibules, halls, elevators, abutting streets and all ways of access to public utilities of said premises shall not be obstructed by PERMITTEE or used for any purpose other than for ingress to and egress from the aforementioned premises. The sale of standing room is prohibited.

15.2 PERMITTEE, at the GENERAL MANAGER'S request, may be required to submit two (2) copies of a full and complete floor plan for an exhibit show no less than thirty (30) days before the first move-in day, and no move-in may begin without authorization of said floor plan by the KANSAS EXPOCENTRE.

SECTION 16.0- SPECIAL RESTRICTIONS

16.1 No stapling, nailing, gluing, etc. on walls. Taping and tacking on the walls are allowed within reason. PERMITTEE agrees that GENERAL MANAGER or their designee has final discretion and must approve all decorations that might be taped or tacked to the walls. Banners, if applicable, are to be hung at locations approved by the GENERAL MANAGER.

16.2 It is policy that no tools, equipment, and/or materials other than those specified in the contract be made available to the PERMITTEE. Rates for tools, equipment, materials and/or services not specified in the contract are available upon request. PERMITTEE agrees that only EXPOCENTRE staff only can use these tools on PERMITTEE'S behalf.

SECTION 17.0- INSURANCE

17.1 The KANSAS EXPOCENTRE requires PERMITTEE to procure and maintain in full force, a policy of public liability and property damage insurance, throughout move-in, event, and move-out. Said policy shall be procured from a reliable insurance company authorized to transact business in the State of Kansas, and subject to suit in Shawnee County, Kansas. A copy of said policy, or a certificate that a policy of insurance has been issued, shall be placed on file with the KANSAS EXOCENTRE no later than (INCLUDED IN CONTRACT)

17.2 PERMITTEE agrees that the KANSAS EXPOCENTRE will acquire insurance utilizing the MASTER VENUE INSURANCE PROGRAM as administered by Near North Insurance Brokerage, Inc. should PERMITTEE fail to supply proper insurance as detailed on SCHEDULE A (insurance requirements) of this contract prior to thirty (30) days before the first use date listed under section 1.2 of this permit. PERMITTEE also agrees to pay the KANSAS EXPOCENTRE for this insurance at the standard rate billed by the KANSAS EXPOCENTRE for this insurance coverage at the time of the event.

17.3 PERMITTEE is to be named insured, and the Board of Commissioners of Shawnee County, Kansas; SMG, a Pennsylvania Joint Venture Partnership, its partners, agents and employees, and the Kansas Expocentre shall be named as additional insured in a policy for minimum premises, bodily injury, and liability in $1,000,000.00 per occurrence. Said policy shall also provide for a thirty (30) day notice to the GENERAL MANAGER'S office, prior to cancellation.

SECTION 18.0- PERSONNEL AND EQUIPMENT

18.1 The KANSAS EXPOCENTRE will furnish at its expense:

1. Heat and/or air conditioning as available at the aforesaid premises when required by the season and for the use of said premises for the purpose aforesaid, on event days only. Heat and/or air conditioning will be supplied on movein and move-out days only if a building rental fee has been paid by PERMITTEE.

2. Light and water for ordinary use for said premises when required in the opinion of the GENERAL MANAGER for the purpose aforesaid.

3. Turn over a clean building and furnish agreed set-up. PERMITTEE must supply a signed floor plan to the KANSAS EXPOCENTRE no later than 10 days prior to the first move-in day.

4. PERMITTEE shall have access to staff to provide custodial services throughout move-in, event and move-out hours of the event.

18.2 PERMITTEE hereby agrees that all personnel, such as public service directors, ushers, ticket takers, doorman, security personnel, sound technicians, stage managers, stage hands and electricians necessary to operate the premises for the event herein specified shall be provided by the KANSAS EXPOCENTRE but shall be paid for by PERMITTEE as an additional service by the KANSAS EXPOCENTRE. The minimum number of personnel necessary for this event shall be fixed by the GENERAL MANAGER.

SECTION 19.0- ADDENDUM 1

)> PERMITTEE agrees to reimburse the KANSAS EXPOCENTRE an amount equal to $21.00 per hour for any set-up changes, with a minimum charge of $42.00 for said charges.

)> Building access other than specified in this permit shall be at the discretion of the GENERAL MANAGER, or his designee. If such access is granted, a fee of $42.00 per hour shall be assessed to the PERMITTEE.

)> PERMITTEE must spell "KANSAS EXPOCENTRE" correctly when used in any advertising or marketing done in support of any event. Non-compliance with this regulation may result in PERMITTEE being charged for any correct reproduction of advertising or marketing materials.

)> Exhibit shows shall contract with an independent contractor to provide pipe and drape and booth accessories to be made available to vendors. The KANSAS EXPOCENTRE has a limited quantity of pipe and drape which may be made available for uses other than for exhibit booths at a rate of$2.50 per linear foot.

)> Commercial concessionaires hired to provide services at a public event shall be fully licensed and insured. PERMITTEE is required to submit copies of concessionaire's licenses to the KANSAS EXPOCENTRE fourteen ( 14) days in advance of the event date.

)> The consumption of alcoholic beverages shall take place only within the confines of the building. If the line of demarcation has been paid for the consumption of alcoholic beverages can take place within the confmes of the line that operations has set. The sale of alcoholic beverages is possible only with a valid license. A copy of said license shall be furnished to the KANSAS EXPOCENTRE a minimum of 5 days prior to the event.

)> The KANSAS EXPOCENTRE is a non-smoking facility. The facilities include: Landon Arena, Exhibition Hall, Agricultural Hall, Heritage Hall, and the R.R. Domer Livestock Pavilion. No smoking whatsoever is allowed in the buildings. Designated smoking sections are stationed on the outside of the buildings. This policy will be enforced by KANSAS EXPOCENTRE staff and the show management.

SECTION 20.0- SIGNATURES

IN WITNESS WHEREOF, we the said parties herein set our hands and seal.

Accepted by: Title:

If Corporation, must also be attested by Corporate Secretary

Corporate Secretary

FOR THE COUNTY:

FOR THE COUNTY:

Accepted by: Robert Archer, Chairman Shawnee County Commission Date

Accepted by: Cindy Beck, County Clerk

KANSASEXPOCENTRE

LES ~90KS FOR SHAWNEE COUNTY, KANSAS EXPOCENTRE ANDI.sMG, AS THEIR AGENT, ACCEPTED IN HIS CAP A CITY AS GENERAL MANAGER FOR THE KANSAS EXPOCENTRE

Reviewed as to content

Date

Prepared by: BLB

Event Coordinator: Brie Berggren Review: 6U~ Typed by: BLB March 9, 2017

Date

Date

Date

Date

Date: 3/Ct/1±

SCHEDULE A

INSURANCE REQUIREMENTS

The following lists the insurance criteria for events at the Kansas Expocentre:

1. Insurance certificate must show name and address of the issuing insurance broker.

2. Insurance company must have an A.M. BEST rating of A or better.

3. Name insured on the certificate MUST be the same as the named contracting party on the contract with the Expocentre. The contracting party on the contract with the Expocentre MUSTbe the legal entity or person to which lies the ultimate responsibility for the event.

4. Event dates, move-in dates and move-out dates must fall within effective and expiration dates of the policy.

5. Coverage must be at least $1,000,000.00.

6. Certificate must show a description of the event and where it is being held.

7. Additional insureds MUST be listed as:

SMG KANSASEXPOCENTRE SHAWNEE COUNT BOARD OF COMMISSIONERS

8. 30 Days written cancellation notice must be shown.

9. Certificate holder MUST be the Kansas Expocentre.

10. Policy must be per occurrence. A "claims made" policy is not acceptable.

TO:

FROM:

RE:

DATE:

Shawnee County

Office of County Clerk CYNTHIA A. BECK

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

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

MEMORANDUM Board of Co~~~Feommissioners

C- \7~V> Cynthia A. Beck, County Clerk

Litigation

March 15, 2017

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

CASE NO: 2017CV000028 Wells Fargo Bank NA vs. Board of County Commissioners, Shawnee County, Kansas CASE NO: 2017CV000107 Wells Fargo Bank, NA vs. Board of County Commissioners, Shawnee County, Kansas CASE NO: 2017CV000112 us Bank National Association - Trustee vs. Board of County Commissioners, Shawnee County, Kansas CASE NO: 2017CV000113 Wells Fargo Financial Kansas Inc. vs. Board of County Commissioners, Shawnee County, Kansas CASE NO: 2017CV000136 The Bank of New York Mellon, f/k/a The Bank of New York vs. CASE NO:

Board of County Commissioners, Shawnee County, Kansas 2017CV000138 Deutsche Bank National Trust Company - Trustee vs.

County Commissioners, Shawnee County, Kansas Board of CASE NO: 2017CV000140 US Bank Trust NA - Trustee vs. Board of County Commissioners, Shawnee County, Kansas CASE NO: 2017CV000149 Wells Fargo Bank NA vs. Commissioners, Shawnee County, Kansas

Board of County

wh~ch were received in the office of the Shawnee County Clerk and forwarded to the County Counselor on this date.

Attachment

··- --Wells Fargo Bank NA

vs.

David R Sawyer, et al. et. al.

ELECTRONICALLY FILED 2017 Feb 23 PM 3:21

CLERK OF THE SHAWNEE COUNTY DISTRICT COURT CASE NUMBER: 2017-CV-000028

lfD) ~ rc; ~ a w; ~ .~--Ull liAR 1 4 2017 [l:lj

ALIAS SUMMONS

To the above-named Defendant/Respondent:

Board of County Commissioners Shawnee County

200 SE 7th St

Topeka, KS 66603

SHAWNEE COUNTY CLERr),

cr~~ You are hereby notified that an action has been commenced against you in this court. You are required to file your

answer or motion under K.S.A. 60-212, and amendments thereto, to the petition with the court and to serve a copy upon:

Gregory Michael Rupard

4210 Shawnee Mission Parkway, Suite 203 A

Fairway, KS 66205

within 21 days after service of summons on you.

Clerk of the District Court

Electronically signed on 02/24/2017 09:38:07 AM

Documents to be served with the Summons:

Petition - David R. Sawyer

:~ id-.

ELECTRONICALLY FILED 2017 Jan 11 PM 5:11


Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 . K&M File Code:SAWDANOR

IN THE DISTRICT COURTOF SHAWNEE COUNTY, KANSAS

Wells Fargo Bank, N. A., Plaintiff,

vs.

David R. Sawyer Serve at: 1806 W. 4th Street Hastings, NE 68901-0000

Unknown Spouse of David R. Sawyer Serve at: 1806 W. 4th Street Hastings, NE 68901-0000

Unknown Occupant Serve at: 730 SW Medford Avenue Top~ka, KS 66606

Case No.

Div.No. __ _

The Board of County Commissioners, Shawnee County Serve at: 200 SE 7th St. Topeka, KS 66603

Defendants.

Petition Pursuant to K.S.A. Chapter 60

111111111111~ Ill ~lllllllllllllllllllllllllllllllllllllllllllllllllll ~ K M 1 1 1 0 6 9 2 1 K M *

1

PETITION FOR FORECLOSURE OF MORTGAGE

COMES NOW, Plaintiff, Wells Fargo Bank, N. A., and for its cause of action against the

Defendants states as follows:

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

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

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

3. On or about May 19, 2010, David R. Sawyer [hereinafter "Borrower(s)"] borrowed money

from, executed and delivered to Wells Fargo Bank, N. A., a Note, payable in monthly

installments, in the original principal sum of $65,951.00, together with interest as stated. A true

and correct copy of the Note is attached and incorporated by reference as if fully set forth as

Exhibit 1.

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

executed and delivered to Wells Fargo Bank, N. A., a Mortgage of the same date upon the 0

following. described real estate: ( ~!·;~3~ I

LOTS 't~J SIN BROOKSIDE ESTATE, ON MEDFORD AVENUE, FORMERLY

MEDFORD ROAD, IN PINEHURST, AN ADDITION TO THE CITY OF TOPEKA, SHAWNEE

COUNTY, KANSAS.

known and numbered as 730 SW Medford Avenue, Topeka, KS 66606. The Mortgage was

duly recorded on June 1, 2010, in the Office of the Register of Deeds of Shawnee County,

Kansas, in Book 4806 Page 234. The Mortgage tax was paid. A true and correct copy of the

Mortgage is attached and incorporated by reference as if fully set forth as Exhibit 2.

Count 1: Reformation of Mortgage

5. Plaintiff incorporates all paragraphs above as if fully set forth herein.

6. Due to an error at origination of the Mortgage, the legal description included in the Mortgage

111111111111~ lllllllllllllll~llllllllllllllllllllll!llllllllllllllll • K M 1 1 1 0 6 9 2 1 K M •

2

Wells Fargo Bank NA

vs.

Joseph Booker et. al.

- ELECTRONICALLY FILED 2017 Feb 15 PM 1:31


SUMMONS

Chapter 60 • Service by the Sheriff


C"HIAHVNEE COUNTY CLERK Board of County Commissioners Shawnee Count __ 0 1 11

· Yt 200 SE 7th St

Topeka, KS 66603 · .f j You are hereby notified that an action has been commenced against you in this court. You are required to file your




Fairway, KS 66205


\•• ', ""~ . " ,"

. -


Electronically signed on 02/15/2017 03:46:49 PM


PLE: Petition Petition for Foreclosure of Mortgage

,?r·

Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:BOOJON01



IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS

Wells Fargo Bank, N. A., Plaintiff,

vs.

Joseph G. Booker Serve at: 27 44 SW Villa West Drive Apt 116 Topeka, KS 66614-5423

Sherice Booker Serve at: . 27 44 SW Villa West Drive Apt 116 Topeka, KS 66614-5423

John Doe Unknown Occupant Serve at: .5500 SW 19th Street . Topeka, KS 66604

Case No.

Div.No. __ _


Defendants.

Petition Pursuant to K.S.A. Chapter 60 .

I IIIII III IIIII ~lllllllllllllllllllllllllllllllll~lllllllllllllllllll • K M 1 1 1 a 1 3 a 0 K M •

1


COMES NOW, Plaintiff, Wells Fargo Bank, N. A., and for its cause of action against the


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


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

3. On or about September 30, 2008, Joseph G. Booker, Sherice Booker [hereinafter

"Borrower(s)"] borrowed money from, executed and delivered to Wells Fargo Bank, N. A., a

Note, payable in monthly installments, in the original principal sum of $106,856.00, together

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

reference as if fully set forth as Exhibit 1.


· executed and delivered to Wells Fargo Bank, N. A., a Mortgage of the same date upon the

following described real estate:

LOT 17, BLOCK A, VILLAGE SUBDIVISION "A" IN THE CITY OF TOPEKA,

SHAWNEE COUNTY, KANSAS.

known and numbered as 5500 SW 19th Street, Topeka, KS 66604. The Mortgage was duly

recorded on October 1, 2008, in the Office of the Register of Deeds of Shawnee County,



5. Wells Fargo Bank, N. A is the current legal holder of the debt, and possesses all rights,

·including the right of enforcement of the Note and Mortgage.

6. On June 18, 2013, Joseph G. Booker and Sherice Booker [hereinafter "Borrower(s)"]

reaffirmed the debt by executing and delivering to Wells Fargo Bank, N.A., a Loan Modification,

1111111111111111111111111111111111111111111111111111111111111111111111 * K M 1 1 1 6 1 3 6 0 K M *

2


US Bank National Association - Trustee CLERK OF THE SHAWNEE COUNTY DISTRICT COURT CASE NUMBER: 2017-CV-000112

vs.

Melissa McCracken et. al.

Chapter 60 - Service by the Sheriff

I\'[)) LE ~ LE ~ W LE fRI . ~ UAR 1 4 2017 [11)

SUMMONS

To the above-named DefendanURespondent:

SHAWNEE COUNTY CLERK I \., Board of County Commissioners Shawnee Coun''~ ," UJ ., f" 200 SE 7th St (}J ,i' Topeka, KS 66603 \ ~(} •

You are hereby notified that an action has been commenced against you in this court. You are required to file your




Fairway, KS 66205


··.






CLERK OF THE SHAWNEE COUNTY PISTRICT COURT CASE NUMBER: 2017-CV-000112

... charenborg, KS # 24542 .... nael Rupard, KS # 26954

Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (StLouis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:MCCMIOC3


U.S. Bank National Association, as Trustee for Ownit Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-5,

Plaintiff,

vs.

Melissa McCracken Serve at: 3914 NW Cherry Creek Dr Topeka, KS 66618

Michael J. McCracken Serve at: 4845 NW Astor Park Dr. Topeka, KS 66618-2561

Case No.

Div.No. __ _

John Doe Unknown Spouse of Melissa McCracken Serve at: 3914 NW Cherry Creek Dr Topeka, KS 66618

Jane Doe Unknown Spouse of Michael J. McCracken Serve at: 4845 NW Astor Park Dr. Topeka, KS 66618-2561

Community Healthcare System, Inc. Serve at Registered Agent: Todd M. Willert 120 W. 8th St. Onaga, KS 66521

111111111 m~ II/ llllllllll ~II IIIII ~11111~11111111111~ Ill~ II /Ill * K M 1 1 1 B 6 4 8 5 K M *

1

Mortgage Electronic Registration Systems, Inc., as nominee for Ownit Mortgage Solutions, lnc. a California Corporation Serve at: 1901 E Voorhees St. Danvifle, IL 61834

John Doe Unknown Occupant Serve at: 3914 NW Cherry Creek Dr Topeka, KS 66618

Ownit Mortgage Solutions, Inc. Serve at: 27349 Agoura Road, Suite 100 Agoura Hills, CA 91301

Shawnee County Solid Waste Serve at: 1515 NW Saline, Suite 150 Topeka, KS 66618

Specialized Loan Servicing, LLC Serve at: Registered Agent: Capitol Corporate Services, Inc. 700 SW Jackson St., Suite 100 Topeka, KS 66603


Defendants. -----""_)


I ~1/llllm~ I~ ~~1111/~lf ~~~1111111~11111/lll~lf 1m /IIIII • K M 1 1 1 a 6 4 a S K M *

2


COMES NOW, Plaintiff, U.S. Bank National Association, as Trustee for Ownit Mortgage

Loan Trust, Mortgage Loan Asset~Backed Certificates, Series 2006~5, and for its cause of

action against the Defendants states as follows:




3. On or about May 19, 2006, Michael J. McCracken [hereinafter "Borrower(s)'1 borrowed

money from, executed and delivered to Ownit Mortgage Solutions, Inc., a Note, payable in

monthly installments, in the original principal sum of $132,000.00, together with interest as

stated. A true and correct copy of the Note is attached and incorporated by reference as if fully

set forth as Exhibit 1.


and Melissa McCracken executed and delivered to Mortgage Electronic Registration Systems,

Inc., as nominee for Ownit Mortgage Solutions, Inc., a Mortgage of the same date upon the


LOT 6, BLOCK A, MURRAY SUBDIVISION NO.5, SHAWNEE COUNTY, KANSAS.

known and numbered as 3914 NW Cherry Creek Dr, Topeka, KS 66618. The Mortgage was

duly recorded on May 22, 2006, in the Office of the Register of Deeds of Shawnee County,



5. U.S. Bank National Association, as Trustee for Own it Mortgage Loan Trust, Mortgage Loan

Asset-Backed Certificates, Series 2006~5 is the current legal holder of the debt, and possesses

all rights, including the right of enforcement of the Note and Mortgage. A true and correct copy

/lll/11~ Ill~ Ill ~lit IIIII IIIII/IIIII/I~ 1111111111 IIIII/I IIIII ~Ill/ * K M 1 1 1 8 6 4 8 S K M *

3


Wells Fargo Financial Kansas Inc

vs.


Marcus Ramirez et. al.

SUMMONS

Chapter 60 -Service by the Sheriff



200 SE 7th St

Topeka,KS 66603

SHAWNEE COUNTY CLERK

t-hY~~rl ~J$





Fairway, KS 66205


-D•pl<;:l~~c~,; ;:.:;1.'.!9¥t-=----'--', ~;~:'· /:' i-·· ,-. '. ·' .. ; !" '" -· ~ -.~ . ·.-:.·: . .,. ·'





Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:RAMTINOR




Wells Fargo Financial Kansas, Inc., Plaintiff,

vs.

Marcus G. Ramirez Serve at: 5524 SW 18th Street Topeka, KS 66604

Tiffany L. Ramirez Serve at: 5524 SW 18th Street Topeka, KS 66604

John Doe Unknown Occupant Serve at: 5524 SW 18th Street Topeka, KS 66604

Case No.

Div.No. __ _


Defendants.


111111111111 ~I IIIII ~11111111 ~~1111111~1111111111111111 ~ 1111 1

- K M 1 1 1 8 8 8 Z 9 K M •


COMES NOW, Plaintiff, Wells Fargo Financial Kansas, Inc., and for its cause of action

against the Defendants states as follows:




3. On or about June 19, 2007, Marcus G. Ramirez, Tiffany L. Ramirez [hereinafter

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

Inc., a Note, payable in monthly installments, in the original principal sum of $83,865.43,

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

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


executed and delivered to Wells Fargo Financial Kansas, Inc., a Mortgage of the same date

upon the following described real estate:

LOT 3, BLOCK H, THE VILLAGE SUBDIVISION "A" IN THE CITY OF TOPEKA,

SHAWNEE COUNTY, KANSAS.

known and numbered as 5524 SW 18th Street, Topeka, KS 66604. The Mortgage was duly

recorded on August 27, 2007, in the Office of the Register of Deeds of Shawnee County,



5. Wells Fargo Financial Kansas, Inc. is the current legal holder of the debt, and possesses all

rights, including the right of enforcement of the Note and Mortgage.

6. On or about June 10, 2014, an interest rate change went into effect for the above subject

Mortgage referenced in paragraph 4. A true and correct copy of the interest rate change is

111~1111m ltll~lll/1111 ~I IIIII I~~ 111111111111111~ 111~1 * K M 1 1 1 8 8 8 2 9 K M *

2

ELECTRONICALLY FILED 2017 Feb 28 AM 8:06

The Bank of New York Mellon, f/kla The Bank of NeW:LERK OF THE SHAWNEE COUNTY DISTRICT COURT CASE NUMBER: 2017-CV-000136

vs.

Jeannette Flott (Deceased) et. al.

SUMMONS


Topeka, KS 66603


answer or motion under K.S.A. 60-212, a_nd amendments thereto, to the petition with the court and to serve a copy upon:



Fairway, KS 66205



Electronically signed on 02/28/2017 11 :58:4 7 AM



ELECTRONICALLY PILED 2017 Feb 28 AM 8:06


Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314} 991..0255 Fax: (314) 567-8006 K&M File Code:FLOJEOCW

IN THE DISTRrCT COURT OF SHAWNEE COUNTY, KANSAS

The Bank of New York Mellon, f/kla The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A. as Trustee for NovaStar Mortgage Funding Trust, Series 2005-3, NovaStar Home Equity Loan Asset-Backed Certificates, Series 2005-3,

Plaintiff,

VS.

Jeannette A. Flott (Dec~ased) Serve at: No Summons to Issue Topeka, KS 66616

Case No.

Div.No. __ _

Unknown Heirs, Devisees and Legatees of Jeannette A. Flott Serve at: No Summons to Issue Topeka, KS 66616

John Doe Unknown Spouse of Jeannette A. Flott Serve at: 732 NE Sumner Street Topeka, KS 66616

John Doe Unknown Occupant Serve at: 732 NE Sumner Street Topeka, KS 66616

I /lfllllliJI~ Ill IIIII ~1111111111~ 1111 11~1111~ Ill~ II m/1111111 * K M 1 1 2 0 6 6 4 7 K M *

1


Defendants.


, p p !U!U.


ldl!fPUdl

COMES NOW, Plaintiff, The Bank of New York Mellon. f/kla The Bank of New York as

successor in interest to JPMorgan Chase Bank, N.A as Trustee for NovaStar Mortgage

Funding Trust, Series 2005-3, NovaStar Home Equity Loan Asset-Backed Certificates, Series

2005-3, and for its cause of action against the Defendants states as follows:




3. On or about June 20, 2005, Jeannette A. Flott (Deceased) [hereinafter "Borrower(s)"]

borrowed money from, executed and delivered to Novastar Mortgage INC. , a Note, payable in

monthly installments, in the original principal sum of $64,800.00, together with Interest as

stated. A true and correct copy of the Note is attached and incorporated by reference as if fully

set forth as Exhibit 1.


executed and delivered to Novastar Mortgage INC. , a Mortgage of the same date upon the


LOTS 412 AND 414 ON SUMNER STREET, JOHN NORTON'S 2ND ADDITION TO

THE CITY OF TOPEKA, SHAWNEE COUNTY, KANSAS.

known and numbered as 732 NE Sumner Street, Topeka, KS 66616. The Mortgage was duly

I ~~~~~~~~Ill ~111~1111~~~ ~~~~ 1~11 ~11~111~ ~1111 * K M 1 1 2 0 6 6 4 7 K M *

2

IP I


Deutsche Bank National Trust Company -Trustee

vs.


Alfred Barron et. al.

SUMMONS




200 SE 7th St

Topeka, KS 66603

10) [E ~ [E ~ WJ [Elm

lflll MAR 1 4 2017 llll





Fairway, KS 66"205


De~ ;., ..





I I i I·

i j J. I )

; 1 r I'

~ !i --·----···' I,

I' l___ ....



Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax; {314) 567-8006 K&M File Code: BARALOCW


Deutsche Bank National Trust Company, as Trustee for Saxon Asset Securities Trust 2007-3, Mortgage Loan Asset Hacked Certificates, Series 2007-3,

Plaintiff,

vs.

Alfred L. Barron Serve at: 123 NE Lime St. Topeka, KS 66616-1124

Juanita C. Barron " Serve at: 123 NE Lime St. Topeka, KS 66616-1124

John Doe, Unknown Occupant Serve at: 3839 SE Howard Dr. Topeka, KS 66605

Case No.

Div.No. __ _

The Board of County Commissioners, Shawnee County Serve at: 200 SE 7th Street Topeka, KS 66603

Defendants.


*KM11208564KM* I

-- -·-----·------·-----


COMES NOW, Plaintiff, Deutsche Bank National Trust Company, as Trustee for Saxon

Asset Securities Trust 2007-3, Mortgage Loan Asset Backed Certificates, Series 2007-3, and

for its cause of action against the Defendants states as follows:




3. On or about April 30, 2007, Alfred L. Barron and Juanita C. Barron [hereinafter

"Borrower(s)"] borrowed money from, executed and delivered to Saxon Mortgage, Inc., D/B/A

Saxon Home Mortgage, a Note, payable in monthly installments, in the original principal sum of

$104,800.00, together with interest as stated. A true and correct copy of the Note is attached

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


executed and delivered to Saxon Mortgage, Inc., 018/A Saxon Home Mortgage, a Mortgage of

the same date upon the following described real estate:

LOT 6, BLOCK G, PECK SUBDIVISION NUMBER 2, IN SHAWNEE COUNTY,

KANSAS.

known and numbered as 3839 SE Howard Dr., Topeka, KS 66605. The Mortgage was duly

recorded on May 30, 2007, in the Office of the Register of Deeds of Shawnee County, Kansas,

in Book 4490 Page 48. The Mortgage tax was paid. A true and correct copy of the Mortgage is

attached and incorporated by reference as if fully set forth as Exhibit 2.

5. Deutsche Bank National Trust Company, as Trustee for Saxon Asset Securities Trust 2007-

3, Mortgage Loan Asset Backed Certificates, Series 2007-3 is the current legal holder of the

debt, and possesses all rights, including the right of enforcement of the Note and Mortgage. A

*KM11208564KM* 2

US Bank Trust NA -Trustee

vs.

Danny Johnson et. al.

ELECTRONICALLY FILED 2017 Mar 01 AM 11:41


10)1

1E ~ IE ~ W IE ~

1

[111 MAR 1 4 2011 l~ SUMMONS



! SHAWNEE COUNTY CLER' Board of County Commissioner~ Shawnee County--------------:--t'J

200 SE 7th St ~ ( Topeka,KS 66603 ,~





Fairway, KS 66205






a--· \

Shawn Scharenborg·,·Ks # Z4542 Micha~l Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MQ 63141 Phone; (314) 991-0255 Fax: (314) 567-8006 K&M File Code:JOHDACH3

ELECTRONICALLY FILED 20 17 Mar 0 1 AM 11 :41



U.S. Bank Trust, .N.A., as Trustee for LSF9 Case No. Master Participation Trust,

Plaintiff,

vs.

Danny R. Johnson Serve at: 3805 SW 18th St Apt 320 Topeka, KS 66604

Jane Doe Unknown Occupant Serve at: 1414 SW Fillmore Street Topeka, KS 66604

Div.No. __ _

Jan Doe Unknown Spouse of Danny R. Johnson Serve at: 3805 SW 18th St Apt 320 Topeka, KS 66604


Defendants.


llllllllllm 1111~1111111111111~11111111111111111111111111111111111 * K M 1 1 2 1 2 7 7 0 K M *

1


COMES NOW, Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation

Trust, and for its cause of action against the Defendan~s states as follows:




3. On or about October 31, 2000, Danny R. Johnson [hereinafter "Borrower(s)"] borrowed

money from, executed and delivered to Beneficial Mortgage Co. of Kansas, INC., a Note,

payable in monthly installments,· in the original principal sum of $41,621.55, together with

interest as stated. A true and correct cop¥ of the Note is attached and incorporated by

reference as if fully set forth as Exhibit 1.


executed and delivered to Beneficial Mortgage Co. of Kansas, INC., a Mortgage of the same 0

date upon the following described real estate:

LOT 538, AND THE NORTH 2 FEET OF LOT 540, FILLMORE STREET, OTT &

TEWKSBURY'S ADDITION TO THE CITY OF TOPEKA, SHAWNEE COUNTY, KANSAS~

known and numbered as 1414 SW Fillmore Street, Topeka, KS 66604. The Mortgage was duly

recorded on November 2, 2000, in the Office of the Register of Deeds of Shawnee County,


M.ortgage is attached and incorporated by reference as if fully set forth as Exhibit 2.

5. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust is the current legal

holder of the debt, and possesses all rights, including the right of enforcement of the Note and

Mortgage. A true and correct copy of the Assignment of Mortgage is attached and incorporated

by reference as if fully set forth as Exhibit 3.

llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 2

* K M 1 1 Z 1 Z 7 7 0 K M *

Wells Fargo Bank NA

VS.

Troy Lavender et. al.

--ELECTRONICALLY FILED

2017 Mar 03 PM 5:01 CLERK OF THE SHAWNEE COUNTY DISTRICT COURT

CASE NUMBER: 2017-CV-000149

SUMMONS



Topeka, KS 66603





Fairway, KS 66205






Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:LAWANOR

ELECTRONICALLY FlLED 2017 Mar 03 PM ·5:01 ~



Wells Fargo Bank, NA, Plaintiff,

vs.

Troy A. Lavender Serve at: 1126 SW Taylor Street Topeka, KS 66612

Vanessa M. Lavender Serve at: 1126 SW Taylor Street Topeka, KS 66612

John Doe Unknown Occupant Serve at: 1126 SW Taylor Street Topeka, KS 66612

Case No. Div.No. __ _

The Board of County Commissioners, Shawnee County, Kansas Serve at: 200 SE ]lh St. Topeka, KS 66603

Defendants.


1111111111111111111111111~ 1111111111111111111111111111111111111111111

1

* K M 1 1 2 1 9 1 9 3 K M *


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





3. On or about September 21, 2012, Troy A. Lavender, Vanessa M. Lavender [hereinafter

"Borrower(s)"J borrowed money from, executed and delivered to Fairway Independent Mortgage

Corporation., a Note, payable in monthly installments, in the original principal sum of

$96,069.00, together with interest as stated. A true and correct copy of the Note is attached

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


executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for

Fairway Independent Mortgage Corporation., a Mortgage of the same date upon the following

described real estate:

THE SOUTH HALF OF LOT 388 AND ALL OF LOT 390 ON TAYLOR STREET IN THE

CITY OF TOPEKA, SHAWNEE COUNTY, KANSAS.

known and numbered as 1126 SWTaylor Street, Topeka, KS 66612. The Mortgage was duly

recorded on September 21, 2012, in the Office of the Register of Deeds of Shawnee County,



5. Wells Fargo Bank, NA is the current legal holder of the debt, and possesses all rights,

including the right of enforcement of the Note and Mortgage. A true and correct copy of the

Assignment of Mortgage is attached and incorporated by reference as if fully set forth as Exhibit

llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll * K M 1 1 2 1 9 1 9 3 K M *

2

l

Shawnee County

Office of the County Counselor

JAMES M. CROWL County Counselor

Shawnee County Courthouse 200 SE ih Street, Ste. 100

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

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

MEMORANDUM

TO: Board of Shawnee County Commissioners

FROM: James M. Crowl, Shawnee County Counselor

DATE: March 15, 2017

RE: Contract with Kansas Expocentre for use of Heritage Hall

Please place this item on the Monday, March 20, 2017 Commission agenda.

Please find attached a contract with the Kansas Expocentre permitting our office use of Heritage Hall to conduct our upcoming judicial tax foreclosure sale scheduled for April28, 2017.

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

JMC/mlb

Attachment

~HAWNEE COUNTY CONTRACT ~C..I0!-;2(){7

PERMiT FOR USE OF THE KANSAS EXPOCENTRE FACILITIES

PERMIT NO. #17-27616

SECTION l.OPARTIES

1.1 This permit, made and entered into on Thnrsday,Minch 09,2017, :with KANSAS EXPOCENTRE of Shawnee County, Kimsas and

Organization: SNCO Tax Auction Rep. Name: SNCO Courthouse, Robert Archer, Chair, SNCO Comnrlssion

C/0 Jim Crowi -Street: 200 SE 7th S't, Room B-11

City/State/Zip: Topeka, :KS 666'03 Telephone: 785--2S1-4042

1.2 Pursuant to home rule resolution No. HR-84A-A of Shawnee County ComniissiCin apd this perniit at!d ~bjeot to the. conditions, limitations and restrictions contained in said resol1Jtibn ot hereinafter set forth, pertnission is hereby granted for PERMITTEE to use and occupy the EXPOCEN'TRE as detailed hereinafter, ·

Approval of Permit: This pennit will not be in force· until it ha:s been approved by the General Managef of the KANSAS EXPOCENTRE. Before the Generai Ivl;anager will sign, the PERMITTEE shall enqorse the same ·~accepted" in the spac~ hereinafter provided, and return to the kANSAS EXPQCENTRE no later than April 9, 2017 accompiliti~d by any payment requited. · · · ·· ·

This Petnlit shalt have no force or effect whatsoever unless andunti.l PERMITTEE endot!;e$ the !!anie "a()cepted" in the space heremafter provided~ By said acceptance, PERMITTEE shali cov¢~ an,d agree to well and truly perform o.r abide by each and every provision, condition, restriction and limitation of this permit. Said cot;npliaii.ce shall be a con<lltion subsequent to the continuance 1n effect of tbis permit

FACILITY Heritage Hall

SECTION 2.0- FEE TERMS.

DAY Friday

DATE 4/28/2017

TIME OF USE SAM-I PM

PURPOSE ACCESS/EVENT

2.1 PERMITTEE agtees to pay the KANSAS EXPOCENTRE, for U!!e of lea&$d !!pace, a guarantee of FIVE HUNDRED NINTEEN DOLLARS AND 13/100 ($519.13). .

F!icility Rental ($375/day 15: 1 day)

Oper~;~tions Staff (5.5hts,@ $20.75/hr.)

Wireless Intern_et ($30/day x 1 day)

Balance $519.13

$375.00

$114.13

$30.00

; UPON RECIEPT OF INVOICE

2.2 It is agreed that if PERMITTEE fails to hold the event; .the sum of THR,EE HUND:Q.ED SEVENTY~FIVE DOLLARS AND N0/100 ($375,00) will be retained, as liquidated damages, not as penalty. PERMITTEE agrees to pay reimbursable expenses iiJ.curred By the KANSAS EXPOCENTRE in connection with the_ event or events covered by this perinit.

2.3 lr!terest shall b~ due and pay!lble. by the FERMITTEE to the KANSAS EXPOCENTRE at a rate of ONE AND ONE HALF PERCENT PER MONTH (18% APR) for past due amounts.

2.4 PERMITTEE agrees that if the KANSAS EXPOCENTRE incurs any costs in the collection or enforcement of payment of this agreement, including, but not limited to, collection agency fees; costs of filing suit and reasonable attorney fees, PERMITTEE agrees to pay such costs. · · ·

SECTION 3.0 ~INDEMNIFICATION

3 .I PERMITTEE agrees to indemnify, defend an:d save hartnless the COUNTY, SMG, a Peimsyivattia Joint Venture P arlp.ership, its partners, agents, and employees, and the KANSAS EXPOCENTRE, its officers and representatives, againSt ap.y ap.d gll claims for injury to person or damage to property, including claims of volunteers, participants m ,the eve11t or eq1pl<;>yees qf PERMITTEEi any contractor or subcontractor, resulting directly or indirectly from arty act, i11cident or accident occllr.ting in. upon or about the premises of the KANSAS EXPOCENTRE &s a result of the acts, errors m omissions of the l>ERMIITEE or i.ts agents or arising in connection with operations, use or occupancy of the premi~es by PERM[,ITEE.

SECTION 4.0- RIJLES AND REGULATIONS

4.1 PERMITTEE will abide by and confonn to ali ntles an:d tegulations adopted or prescribed hy the COuNTY, KANSA-S EXPOCENTRE; SMG and GENERAL MANAGER for the protection, <;:ontrol and management of ~e prertiises. The aforementioned premises and keys·thereof; shall be at aii times, ~nder the ch~ge and control qfthe GENERAL MANAGER. PERlviiTtEE shall riot allow the premises to be usecl for lodging rooms nor for at1Y improper, immotal, illegal or objectionable pw:pqse l!lld will not sublet a11y spa9e llereby leased )Vithqut the Written approval. PERMJTTEE will not .in any way obstri;ICt, or interfere with the occupancy of other tetiants on the preniises, not in any way injure or annoy ~em.

4.2 PERMITTEE \Yffi · cm;l;iply with ali laws ()f the 1Jnited States and the State of I(&Ji&a,s;. all City of Topeka ordinances; Shawnee C()tii:tty i;e$olutions; ari,Ci ~Ii lg\V:Q:ll orders of law eilforcenierit, health ang fir~ depai1:I!:te11ts. PERM(ITEE Will obt&in and pay for ~ nec~ssary pemtits and licenses, PERMITI;EE will neither do., not suffer to l;>e done, anytbl.ng on said premises during the term of this permit in Violation with such laws; ordinances, resolutions, rgles or ordeys. This permit is fuUy executed in the State ofK~as. and Kansas law is applicable.

SECTION 5.0- GENERAL TERMS AND CONDITIONS OF USE AND OPERATION{PUBUC SAFETY)

5.1 PERMI'ITEE agrees at all. tit;Iies to conduct activities with full regard to public !la:fety and wiJl observe and abide by all applicable regulations and requestby duly a1,1th0rized governn;iental agencies resJ?onsible for public safety.

SECTION 6.0- FIRE AND OTHER UNFORESEEN OCCURRENCES

6.1 That iil c&Se the said premises, or any part thereOf, shall n,ot be ready for occupancy due to incomplete construction, or shall be destroyed or damaged by fire, storm, flood ot any other cause, or if any other casualty of p.Dforeseen occurrence shall render the· fulfillment terq1 of this pennit by the KANSAS EXPOCENTRE iinpossible, iilcluding without limitation thereto, the requh;;ition of the premises by the l.fnited States Government, or aily arm or iilstrumentality thereof, or by reason of labor disputes, then arid thereupon this pemiit shall terminate, and the PERMITTEE sha,ll pay rental for said premises only up to the time of such termination, and at the rate herein specified, and the :PERMITTEE hereby waives any claim for damages or CQJ;i:Jpensation sh,olild this permit be S() terminated. .

SECTION 7.0- RESPONSIBILITY FOR PROPERTY IN BUILDING

7.1 The KANSAS EXPOCENTRE assumes no responsibility whatsoever for any property placed in said premises by PERMITTEE, PERMITTEE'S agents, exhibitors or others related to this event. PERMITTEE hereby expressly relieves and discharges the KANSAS EXPOCBNTRE from any and all liability for any loss, injury or damage to persons or property that may be sustained by reason of the us.e or occupancy of said premises, or any part thereof under this pemnt. All watchmen, or other protective service, desired by PERMITTEE, must be arranged for special agreement with the KANSAS E){POCENTRE at the sole cost and expense of the PERM1TTEE or as stipulated in such permit.

7.2 In the event the above-described portion of the said.premises is not vacated by PERMITEE, on the date named at the end·of the term for which said portions of said premises are. to be used, the KANSAS EXPOCENTRE is hereby authorized to move from said premises at the expense of PERMITTEE, all goods, wares, merchandise and property of any kind and all kinds and description which may then he occupying the portion of said premises ott which the term of this permit has expired. The KANSAS EJCPOCENTRE shall not be liable for any damage or loss to said goods, wares, merchandise or other property which may be sustained by reason of such removal or the place to which it may be removed. The K.AN'SAS EXPOCENTRE is hereby expressly released from any and all claims for damage or whatever kind .of nature. For such additional period beyond the term of this penhit, that any effects of PERMIITEE remain in or on said premises, County shall be entitled to charge the standard sum per day as the payment to be made for this type of event.

SECTION 8.0- DAMAGE ORDEFACEMENT OF BUILDING OR PREMISES

8. I PERMITTEE shall not injure, mar or in any manner def'ace said building or premises and shall not cause nor permit anything to be done whereby said buifdiilgs or premises shall be iil any manner injured or marred or defaced; nor shall he/she <;lrive, nor permit to be driven nails, hooks, tacks, or screws in any part of said b\]liding; nor shall he/she make nor allow to be made any alteration of any kind thereiil. If said premises or any portion of said building or grounds during the term of this permit

shall be 4amaged by the act, default or negligence of PERMITTEE or by the PERMITTEE'S agents, employees, patrons or any person or persons adinitted to said premises by said PER.MI1TEE, PERMITTEE will pay to the Coimty upon demand, such sum. as shall be necess(iry to re.sto.re said. premises .to their original con,d,itio:il.. It is PERMITIEE'S responsibility to inspect the KANSAS EXPO CENTRE at n1ove-,in and nqtify the Gei_ieral Maruiger in Writing of all damage present at the time of insp!Xtion, Written notl.fication must be presented to the Gem:ral Manager no later than OJ;ll:l (1) hour before move-in. Faii)lfe to provide Written notification is construed to mean there is no d!image to report.

SECTION 9.0 ~SIGNS AND POSTERS

9.1 PERMITTEE shall not do, ot permit to be done upon said prerilises, anything that will tend to inj\lfe, mar or in any manner deface s.aid premises, anQ will not driv¢ or install, or permit to b¥ driven or installed, any nails, hooks, tacks or screws, into any paJi of the KANSAS EXPOCENTRE arid Will not allow to bl;l made any alterations of whatsoever kind to said building ot any equipment or fa<:;ilities thereof. PERMITTEE will use, post or exhibit o:iJ.ly such signs, advertisements, show bills, lithographs, posters or catds as relatecl. to. the performance of exhibition to be given the premises under this permit and which meet with the approval ofth(l GENERAL MANAGER.

SECTION 10.0- ADDITIONAL PROVISION

10.1 PERMITTEE agrees that he/she,J:J.Ot stage any ~tor performance in which fire or flame is involved without first having obtail;led the pripr written permission of the Fire Chief or Fire Marshall. PERMITTEE further agrees that he/she will not use any d.ecorativ¥ materials prohibited by City ordinances, County resolutions, State or Federal laws and building regqlatipns, including but not limited to: crepe paper, cellophane; confetti, cotton, cornstalks, leaves, evergreen boughs; sheaves of grain, s~eamers, straw, paper, vines, moss or any similar flammable or combustible materials in or about the premises of the KANSAS EXPO CENTRE. All decorative materials. must have the prior approval of the Fire Chief or Fire Marshal(. PERMITl'EE shall not, Without written consent of the Fire Chief of Fire Marshall, put up or operate. an engine or motor or machinery on the premises or use oils, burning fluids or gases, camphene, kerosen(l, naphtha or gasoline inside or on the grounds of the KANSAS EXPOCEN'TRE. .

SECTION 11.0- NON-EXCLUSIVE RIGHT

11.1 The KANSAS EXPOCENTRE shall retain the right to use and/or license use of such portions of its facility, as may not be covered by this permit. The KANSAS EXPO CENTRE also retains the right to re-'enter any part of the premises covered PY this permit should such part become vacant and to determine that such unused portion may be offered for other use With receipts therefrom going to the I<ANSAS EXPOCENTRE with an appropriate adjustment on PERMITI'EE'S rental rate.

SECTION 12.0- DEFAULT OF PERMITTEE

12.1 PERMITTEE further agrees that if any default is made in the payment or the rent or any part thereof at the ti;m.es above specified, or if any default is made in the permit herein contained, this permit and the relationship of the parties, at the option of the KANSAS EXPOCENTRE, shall cease and terminate. The relationship of the parties, may at the option of the GENERAL MANA(IER. cease and terminate. PERMiTTEE shall be .liable for the full amount of the rent provided herein, plus actual expenses incurred by the KANSAS EXPOCENTRE which nortnally would be considered reimbursement expenses in the final settlement. In case suit or action is instituted by the KANSAS EXPOCENTRE to enforce compliance with this permit, the KANSAS EXPOCENTRE shall be entitled, in addition to the costs and disbursements provided by statute, to such additional sums in lawful money of the United States as the court may adjudge reasonable for attorney's fees to be allowed in said suit or action.

SECTION 13.0 -LOST ARTICLES

13.1 The KANSAS EXOCENTRE shall have the sole right to collect and have the custody of articles left in the building by persons attending any perfortnance, exhibition or event given or held in the 11foresal.d premises~ The PERMITIEE or any person in the :PERMITIEE'S employ shan not collect or interfere with the collection or custody of such articles.

SECTION 14.0-RIGHTTOENTER

14.1 The KANSAS EXPOCENTRE does not relinquish and does hereby retain tl;te right to enforce all ri.ecessary laws, rules, resolutions and regulations for the management and opl;)ration of sa!d premises. The KANSAS EXPOCENTR.E retains the right to enter the aforesaid premiSes at !!llY time and oti any occasion withoqt any restriqtions whatsoever.

SECTION 15.0- SEATING CAP A CITY AND FLOOR PLANS

15.1 PERMITIEE shall not admit to sai9. pren1iges so 1a~ge a number of persons fuat they c,:annot safely and. freely move about in sal.d pteuJises. The deCision of the KANSAS EXP09ENTRE in this respect sb,all be final. It is further understood and agreed th~ PERMJ1'1EE wiii peri:iritno cb,aii::s or seflts to be or retiJ.airi in flie passageways ®.d/or :fire lanes. The sidewalks, grm:utds, entry passages, vestiqule~, hails, elevators, abutting streets and all ways of access tq public utilities of said premises shaH not be obstni6te(l by PERM:tr1:EE or u~ed for 51ny purpos.e otlier than for fugress to and egress froUI the aforementioned preUlises. The sale ofs}\illdirig room is prohibited.

15.2 PERMITTEE, at the GENJ;<:RAL MANAGER'S request, JP,ay be requin;d to submit two (2) copies of a full and complete floor plan for an eXhibit ~hoW no less than thlrty (~_0) d1;1ys pefore the fttst UlOVe-in day, and no move-in may begin without authoriza.tion pf said fioor pll;l.ll by the KAN~AS EX:POCENTRE. ·

SECTION 16.0- SPECIAL RESTRICTIONS

16.1 No stapling, nailing, gh;w;1g, etc. ori walls. Taping and t1;1cking on the walls are allowed within reason. PERMITTEE agrees that GENERAL MANAGER qr their designee has final discretion and must approve all decorations that right be taped or tac,:ked to t):le walls. Bilruiers, if a,Pplical;lle, are to. be hung at locations approved by the GENERAL MANAGER.

lo.2 It i~ policy fhfl.~ no tools, equipmen.t, iUldlor materials other than those specified in the contract be made available to the PERMITTEE. Rates for tools, equipment, ·materials and/or services not specified in the contract are available upon request; PERMITTEE agrees that only EXPOCENTRE staff only can use these tools on PERMITTEE'S behalf.

SECTION 17;0-INSURANCE

17.1 The KANSAS EXPOCENTRE requires PERMITTEE to procure and maintain in full force, apolicy ofpublic liability and property damage insurance; throughout move-in, event, and move-out. Said policy sh~ll be procured from a :reliable insurance company authorized to transact business in the State of Kansas, and subject to suit in Shawnee County, Kansa_s: . A copy of said poliq, or a certi:fica:te that a policy of insurance has been issued, shall be placed on ftle with the KANSAS EXOCENTRE no later than (COUNTY SELF 1NSURED)

17.2 PERMITTEE agrees that the KANSAS EXPOCENTRE will acquire insurance utilizing the MA,STE'R VENUE INSURANCE PROGRAM as adUlinistered by Neat North fusurance Bro1cerage, Inc. should PEltMITIEE fail to SJ!pply proper insurance as. detailed on SCHEDULE A (insurance requirements) of this cbntract prior to thirty (30) days befo're the first use date listed under section 1.2 of this permit. PERMilTEE also agrees to pay the KANSAS EXPOCENTRE for this insurance at the standard rate billed by the KANSAS EXPO CENTRE for this insurance coverage at the time of the i;lvent.

17.3 PERMITtEE is to be named insured; and the Board of ComUlissioners of Shawnee County, Kansas; SMG, a Pertnsylvania Joint Venture Partnership, its partners, agents and employees, and the Kansas Expocentte shall be named as addjti(,lti,al insured in a policy for Ulinimum prerises, bodily inj\uy, and liability in $1;000,000.00 per occurrence. Said policy s:!J.a]J als9 provide for a thirty(30) day notice. to the GENERAL MANAGER'S office, prior to cancellation.

SECTION 18.0- PERSONNEL AND EQUIPMENT

18.1 The KANSAS EXPOCEN1RE will furnish at its expense:

1. Heat and/or .air conditioning as available at the aforesaid prerises when required oY the season and for the use of said premises for the purpose aforesaid, oil event days only. Heat and/qr air conditioning will be supplied on movein and move-out days only if a building rental fee has been paid by PERMITTEE.

2. Light and water for ordinary use for said preUlises when required in the opinion of'the GENERAL MANAGER for the purpose aroresaid.

3. Tl.irtl. over a clean building and furnish agreeci set-up. PERMITTEE must supply a signed floor pla11. to the KANSAS EXPO CENTRE no later than 10 days prior to the first move-in ,day.

4. PERMITTEE shall have access to staff to provide custodial services throughout move-in, event and move-out hours of the event.

18,2 PERMITTEE hereby agrees that all pe~;:spnnel, such as pu1:>1ic service directors, t:tshers, ticket ~akers, doorman, security personnel, sound technicians, stage ir):anagers, stage hands and electrici!!D,S necesSazy to operate the premises for the event herein specified Shall be provided l:>y the KANSAS EXPOCENTRE but shall be paid for by PERMITTEE as an additional service by the KANSAS EXPOCENTRE. Tire minimum number of personnel necessary for this event shall be fixed by the GENERAL MANAGER.

SECTION19.0-ADDENDUM 1

}> PERMITIEE agrees to reimburse the KANSAS EXPOCEN'iRE an amount equal tp $20.75 per hour for any set-up changes, with a minimum charge of$41.50 for said charges. ··

)> Building access other than specified in this pennit shall be at the discretion of the GENERAL MANAGER, or his designee. If such access is granted, a fee of $41.50 per hour shall he ~;tssessed to the PERMITTEE.

> PERMITTEE must spell ''KANSAS EXPbCENTR.E" correctly whe1;1 used in any advertising or marketing done in support of any event. Non-compliance with this regulation may res-g.lt iii pERMITIEE being charged for any correct reproduction ofadvertising or marketing materi~;tls. .

}> Exhibit shows shaH contract with an independent contractor to provide pipe and drape and booth accessories to he made available to vendors. The KANSAS EXPOCENTREhas a limited q11anti.ty of pipe and drape which may be mad.e available for uses other than for e~bit booths at a rate of$2.50 per linear foot. · ·

)> Commercial concessionaires hired to provide services at a public event shall be fully licensed and insured. PERMITTEE is requited to s4.binit copies of c;:oncessiotiaire's licenses to the KANSAS ExPOCENI'RE fourteen (14) .days in advance of the event date.

)> l'he consumption of alcoholic beverages shall take place only within the confines of the building. If the line of demarcation has been paid for the cons:Umptioti of alcoholic beverages can take place within the confines of the line that operations has set. The sal.e Of alcohOlic beverages is possible pnly with a valid license. A copy of said license shall be furnished to the KANSAS E){POCENTRE a ininin:mni of 5 days prior to the event. · ·

)> The KANSAS E;XPOCENTRE is. a non-smoking facility. The facilities include: Landon Arena, EXhibition Hall, Agricultural Hall, Heritage Hall, and. the R.R. Domer Livestock Pavilion. No smoking whatsoever is allowed in the buildings. Designated smol,dn.g sections are 13tationed on the outsicie of the buildings. This polioy will be enforced by kANSAS EXPOCENTR.E staff anq the show ni~genien,t.

SECTION 20.0- SIGNATURES

IN WITNESS WHEREOF, we the said parties herein set our hands and seal.

FOR THE PERMITTEE:

Accepted by: Robert E. Archer Title: Chair, SNCO Commis-sion

If Corporation, must also be attested by Corporate Secretary

Cyndi Beck, County Clerk

FOR THE COUNTY:

KANSASEXPOCENTRE

~WN:EB COUNTY, KANSAS EXPOCEI\ITRE AND SMG, AS THEIR AGENT, ACCEPTED ll'f HIS CMACITY AS GENERAL MANAGER FOR niB KANSAS EXPOCENTRE

Reviewed as to content

Date

Prepared by: BIB

Event Coordinator: Tori Fuglister Review: ____ _

Typed by: BLB Maroh9, 2017

Date

Date

Date 1

Date: ____ _

Approved as to Legality

and~..S, -!l.f.-1? ~-GOUNSELOR

SCHEDULE A

INSURANCE REQtJIREMENTS

The foliowing lists the insw-ance criteria for ev13nts at the Kansas Expocentre:

1. Insurance certificate must show na,me and address ofthe issuing insurance broker,

2. Insurance company,must have an A.M. BEST rating of A or better .

.3. N&me insured on the certificate MUST be the .sa:fu.e as the named contracting party on the .contract with the Expocentre. The contracting party on the contract with the Expocentre MUST be the legal entity or person to which lies the ultimate responsibility for the ey{:)llt.

4. Event dates, move-in dates and move-out dates must fall within effective and expiration dates of the policy.

5. Coverage must be at least $1,000,000.00.

6. Certificate must show a description of the event and where it is being held.

1. Additional insureds MUST be listed as:

SMG KANSASEXPOCENTRE SHAWNEE COUNT BOARD OF COlVIMISSIONER,S

8. 30 Days written cancellation notice :tnustbe shown.

9. Certificate holder MUST be the Kansas Expocentre.

10. Policy must be per occurrence. A "claims made" policy is not acceptable.

Shawnee County C.-Department of Public Works /

1515 N.W. SALINE STREET· SUITE 200 • TOPEKA, KANSAS 66618-2867

MEMORANDUM

DATE: March 8, 2017

TO: Board of County Commissioners

FROM: Michael M. Welch, F_.E~ u_rCivil Engineer II

RE: Contractual Agreement with Douglas County

Culvert Project No. 97046-01, M0-076

785-251-6101 FAX 785-251-4920

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

COUNTY ENGINEER

SE Woodring Road over Un-named Tributary to Elk Creek 0.0.12 mi South ofSE 105th Street

Presented for your consideration and approval is a contract with Douglas County for the referenced county line project. The contract establishes Shawnee County as the lead agency on the project. This project will be constructed collaborative1y by forces from both Shawnee and Douglas Counties rather than on a cost share basis. Douglas County will reimburse Shawnee County 100% for right-of-way .appraisal and acquisition within Douglas County. The contract also establishes maintenance and inspection for the completed structure.

We request your approval of the contract.

cc: Tom Vlach File

SNCO Project No. 97046-01

SHAWNEE COUNTY CONTRACT# C/oe?.;:2017

DOUGLAS COUNTY CONTRACT#

CONTRACTUAL AGREEMENT PURSUANT TO K.S.A. 68-1122

A CONTRACT RELATING TO A CULVERT REPLACEMENT ON SOUTHEAST WOODRING ROAD/ E 1 ROAD OVER AN UN-NAMED TRIBUTARY TO THE ELK CREEK

~THDOUGLASCOUNTY

TillS AGREEMENT is. entered into 'this __ day of 2017, by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, a governmental subdivision of the State of Kansas, hereinafter referred to as "Shawnee County," and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY. OF DOUGLAS, KANSAS, a governmental subdivision of the State of Kansas, hereinafter referred to as "Douglas County."

WHEREAS, a culvert (DGCO Culvert No. 0939-0000, SNCO Culvert No. M0-076) over an Unnamed Tributary to Elk Creek at Southeast Woodring Road/ E 1 Road located 0.12 mile South of the Northwest Comer of the Southwest Quarter of Section 35, Township 13, Range 17 requires replacing due to structural and functional concerns; and

WHEREAS, each County desires to replace the culvert over an Un-named Tributary to Elk Creek at Southeast Woodring Road/ E 1 Road; and

WHEREAS, this culvert is on the County line and, pursuant to K.S.A. 68-1122, the Boards of both Counties may unite in the construction, repairing and maintenance of such culvert with the expense defrayed in proportion to their assessed valuation on the last assessment rolls, unless the boards of county commissioners of the counties shall agree up~n another distribution of such expense; and

WHEREAS, Shawnee County and Douglas County therefore desire to enter into a contract, pursuant to K.S.A. 68-1122, relating to provision of said contractual services;

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

1. Each County agrees that the contractual services to be provided are as follows:

a) Shawnee County shall be the lead agency on this project. Shawnee County shall provide Engineering for design, construction engineering/inspection of the culvert and appurtenances thereto. Shawnee County shall acquire the materials necessary for construction of the crossroad culvert and a driveway culvert on the West side of the roadway. Douglas County shall acquire the materials necessary to surface the roadway, a driveway culvert on the East side of the roadway, for erosion control, and for restoration/seeding of disturbed areas.

b) Shawnee County and Douglas County agree to provide manpower and equipment as mutually agreed upon by the Bridge Supervisors of each County to install the culvert and construct the approach roadway and ditches. Shawnee County's manpower and equipment shall work primarily on the installation of the crossroad culvert, with assistance provided by Douglas County's manpower and equipment as necessary. Douglas County's manpower and equipment shall work primarily on construction of the approach roadway, driveway entrances, and ditches, with assistance provided by Shawnee County's manpower and equipment as necessary.

c) Costs for right-of-way appraisal, acquisiticin, fence relocation and utility adjustment shall be borne by the County such appraisal, acquisition, relocation or adjustment is located in.

d) Shawnee County shall be responsible for routine maintenance and inspection of the culvert known as Shawnee County Culvert M0-076 at the completion of this project.

2. The Counties agree that this contract will take effect on the date all necessary signatures are completed on the document.

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the latest date found below.

ATTEST:

Cynthia A. Beck, Shawnee County Clerk

APPROVED AS TO FORM AND LEGALITY BY THE SHAWNEE COUNr;; COUNSELOR'S OFFICE

DATE '7 'I l..f • / 1 BY 1) £1/

BOARD OF COUNTY COMMISSIONERS SHA~ECOUNTY,KANSAS

Robert E. Archer, Chair

Date: ____ ___.. _______ _

Date: ~- /cl,d, I r7 . ;

2

DOUGLAS COUNTY PUBLIC WORKS 3755 E. 251

h Street Lawrence, KS 66046

(785) 832-5293 Fax (785) 842-1201 [email protected] Keith A. Browning, P.E.

www.douglascountyks.org Director of Public Works/County Engineer

March 1, 2017

Michael M. Welch, P.E. Shawnee County Public Works 1515 NW Saline St, Suite 200 Topeka, KS 66618-2867

Re: Agreement for culvert replacement on SE Woodring RoadiE 1 Road Douglas County Culvert No. 0939-0000 Shawnee County Culvert No. M0-076

Dear Mr. Welch:

•'

Enclosed are three original copies of an agreement to replace the referenced culvert. Each original copy has been signed by our Board of County Commissioners.

Please return one fully executed original copy of the agreement to this office.

We look forward to working with Shawnee County on this project. As each county is performing a portion of this construction project, we will need to coordinate construction activities and schedule. Please notify us well in advance of Shawnee County's proposed construction schedule.

J;:nrL LauraGiasO Administrative Services Manager

LAG:tmb

'D Shawnee County I

Information Technolog Room 205, Courthouse

200 SE 7th Street Topeka, Kansas 66603-3933

Memorandum


To: Board of County Commissioners

From: Pat Oblander, Information Technology Director

RE: IBM terms and conditions.

The Information Technology department is seeking approvalto enter into a third party agreement with IBM for support services for an IBM Power 8 computer

· platform that was purchased in December of 2016 from Tyler Technologies. This platform was purchased as a replacement for an aging message switch that relays information from the New World records management system in the Sheriff's Office to the KBL

The terms and conditions specified in the agreement will provide for 3 years of 24x7 support from IBM for replacement of any failed hardware components and any necessary upgrades or patches of software that may be required on the platform.

The approval of this agreement does not have any additional funding requirement beyond the original purchase of the platform.

CPO/mro

fax 785-2.91-4.907 phone 785-233-8200 ext. 4030

SHAWNEE COUNTY CONTRACT # C/03 -cJD/ r

•• ••• •• ••••• •

Remittance: Invoice Tyler Technologies, Inc . (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556

Empowering people who serve the public• . Questions:

Invoice No 030-7624a

Date 12/01/2016

Page 1 of 1

Tyler Technologies -Phone: 1-800-772-2260 Press 2, then 2 Fax: 1-866-673-3274 Email: [email protected] IHIIII IIIII III i I

Bill To: Shawnee County, KS (Aegis) 320 S Kansas Ave

Ship To: Shawnee County, KS (Aegis) 320 S Kansas Ave

Customer No. 46394

Topeka, KS 66603-3644

OrciNo 3747

Date Description

PO Number

NewWorldThlrd Party Hardware- Message Switch (IBM Power a Model S614 8266-41A - 4U Form Factor) New World Third Party System Software -IBM AIX 7.2 Standard Edition

New World Third Party System Software - Per Processor Activation, 2 Core

New World Third Party System Software - DVO Process Charge

New World Third Party Services - 3 Year HW/SW Maintenance, 24X7X4 WSU

Comments: DELIVERY WAS MADE ON 2/9/17

**ATTENTION** Order your checks and forms from

Tyler Business Forms at 877-749-2090 or tylerbuslnessforms.com to guarantee 100% compliance with your software.

Topeka, KS 66603-3644

Currency Terms USD NET30

Units Rate 8,950.00

0.00

400.00

350.00

1,650.00

Subtotal

Sales Tax

Invoice Total

' I

Due Date 12/31/2016

Extended Price 8,950.00

0.00

"400.00

350.00

1,650.00

11,350.00 •

0.00.

11,350.00 •

I i

I I

I I

-----------------.. ----Client Relationship Agreement ======~= Using this agreement, Client may order Programs, Cloud and other Services, Machines and Appliances (collectively IBM Products) and third party products and services {Non-IBM Products) available from IBM. Details regarding products, offerings or orders are provided in At!achments and Transaction Documents (TDs}. This agreement and applicable Attachments and TDs are the complete agreement (Agreement) regarding transactions under this Agreement.

Programs

A Program Is an IBM-branded computer program and · related material available for license from IBM subject to the payment of charges. Program details are described In an Attachment called License information {LI). Programs do not include Machine Code or Project Materials. Programs are copyrighted and licensed (not sold). When IBM accepts an order for a Program, IBM grants Client a nonexclusive license to: a} use the Program only up to Its authorizations and subject to its Ll; b) make and Install copies to support such authorized use; and c} make a backup copy. Programs may be used by Client, its authorized employees and contractors only within Client's Enterprise, and not to provide hosting or timesharing services to any third party. Client may not sublicense, assign, or transfer the license for any Program. Additional rights may be available from IBM for additional fees or under different terms. IBM does not grant unrestricted rights to use the Program nor has Client paid for all of the economic value of the Program. Certain Programs may contain third party code licensed under separate agreements identified in the Lt.

The license granted for a Program is subject to Client: a. reproducing copyright notices and other markings; b. ensuring anyone who uses the Program does so only

for Client's authorized use and complies with the license;

c. not reverse assembling, reverse compiling, translating, or reverse engineering the Program; and

d. not using any of the elements of the Program or related licensed material separately from the Program.

The metric applicable to a Program license is specified in an Attachment or TD. Ali licenses on a server or capacity based metric must be licensed to the full capacity of the server on which the Program is Installed, unless subcapacity usage is available from IBM and Client complies with the applicable sub-capacity requirements.

Services - Cloud Services

A Cloud Service Is an IBM branded offering hosted or managed by IBM and made available via a network. Each Cloud Service is described in an Attachment or TO called a Service Description. Cloud Services are designed to be available 24n, subject to maintenance. Client will be notified of scheduled maintenance. Technical support and service level commitments, if applicable, are specified in an Attachment orTD. When IBM accepts Client's order, IBM provides Client the authorizations specified In the TO. The term, Including any renewal term, for a Cloud Service Is described In an Attachment or TD. IBM will provide the facilities, personnel, equipment, software, and other resources necessary to provide the Cloud Services and generally available user guides and documentation to support Clienfs use of the Cloud Service. Client will provide hardware, software and connectivity to access and use the Cloud Service, including any required Client-specific URL addresses and associated certificates.

Z126-654B-US-06 OB/2016

An Attachment or TO may have additional Client responsibilities. Client may access a Cloud Service only to the extent of authorizations acquired by Client. Client Is responsible for use of Cloud Services by any user who accesses the Cloud Service with Client's account credentials. A Cloud Service may not be used In any jurisdiction for unlawful, obscene, offensive or fraudulent content or activity, such as advocating or causing harm, Interfering with or violating the Integrity or security of a network or system, evading filters, sending unsolicited, abusive or deceptive messages, viruses or harmful code, or violating third party rights. If there is a complaint or notice of violation, use may be suspended until resolved, and terminated if not resolved promptly. Unless expressly provided in a TO, Client is not authorized to use a Cloud Service to provide hosting or timesharing services to any third party. Data Protection for Cloud Services

Each Cloud Service is designed to protec.t content that Client inputs into the Cloud Service. Except for account data, Client is the sole controller for any personal data included in the content, and appoints IBM as a processor to process such personal data (as those terms are defined In EU Directive 95/46/EC). Except as otheiWise specified In an Attachment or TO, IBM will treat content as confidential by not disclosing content other than to IBM employees and contractors for use only to the extent needed to deliver the Cloud Service. IBM will return or destroy it upon the expiration or cancellation of the Cloud Service, or earlier upon Client's request. IBM may charge for certain activities performed at Client's request {such as delivering content In a specific format). Content Is not subject to any separate confidentiality agreement between the parties. The Attachment or TO for each Cloud Service describes the security functions and features of the Cloud Service. By using the Cloud Service Client acknowledges that it meets Client's requirements and processing instructions. IBM will provide Client notice of any unauthorized third party access to Client's content of which IBM becomes aware and wlll use reasonable efforts to remedlate identified security vulnerabilities. If Client's content is lost or damaged, IBM will assist Client In restoring it to the Cloud Service from Client's last available backup copy In compatible format. IBM may use processors and subprocessors (Including personnel and resources} In locations worldwide to deliver the Cloud Services. IBM may transfer Client's personal data across country borders including outside the European Economic Area (EEA). A list of countries where content may be processed for a Cloud Service is available at www.lbm.com/cloud/datacenters or as described in the Attachment or TO. A list of subprocessors Is available upon request. Upon request by either party, IBM, Client or their affiDates will enter Into additional agreements required by law for the protection of personal data included in content such as the standard unmodified EU Model Clauses agreement pursuant to EC Decision 201 0/87/EU with optional clauses

Page 1 of 5

removed. The parties agree (and will procure that their respective affiliates agree) that such additional agreements will be subject to the terms of the Agreement.

IBM, Its affiliates, and their third party suppliers may process, store, and use account data wherever they do business to enable product features, administer use, personalize experience, and otherwise support or Improve use of the Cloud Service. Account data is all information (which may be further described In an Attachment or TD) about Client or its users provided to or collected by IBM (including through tracking and other technologies, such as cookies) which Is processed In accordance with the IBM Online Privacy Statement available at www.lbm.com/privacy/detalls/us/en/. Changes to Cloud Services

IBM may modify a Cloud Service, without degrading its functionality or security features. Any change that affects the commercial terms (e.g. charges) of the Cloud Service will not be effective until the next agreed renewal or extension.

IBM may withdraw a Cloud Service on 12 months' notice, unless otherwise stated In an Attachment or TD. IBM will either continue to provide the Cloud Service for the remainder of Client's unexpired term or work with Client to migrate to another IBM Service.

Suspension of Cloud Services

IBM may suspend, revoke or limit Client's use of a Cloud Service If IBM determines there is a material breach of Client's obligations, a security breach, or violation of law. Charges will continue to accrue for the Cloud Service during any suspension. If the cause of the suspension can reasonably be remedied, IBM will provide notice of the actions Client must take to reinstate the Cloud Service. If Client falls to take such actions within a reasonable time, IBM may terminate the Cloud Service.

Services -Other Services

IBM provides consulling, installation, customization and configuration, maintenance, and other services as detailed In an Attachment or TD. Client will own the copyright In works of authorship that IBM develops for Client under a Statement of Work (SOW) (Project Materials). Project Materials exclude works of authorship delivered to Client, but not created, under lhe SOW, and any modifications or enhancements of such works made under the SOW (Existing Works). Some Existing Works are subject to a separate license agreement (Existing Licensed Works). A Program Is an example of an Existing Licensed Work and Is subject to the Program terms. IBM grants Client an irrevocable (subject to Client's payment obRgations), nonexclusive, worldwide license to use, execute, reproduce, display, perform and prepare derivatives of Existing Works that are not Existing Licensed Works. IBM retains an irrevocable, nonexclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, sublicense, distribute, and prepare derivative works of Project Materials.

Either party may terminate a Service if a material breach concerning the Service is not remedied within a reasonable time. IBM will provide at least 90 days' notice prior to withdrawal of Service. Client will pay charges for Services provided through the effective date of termination. If Client terminates without cause or IBM terminates for breach, Client will meet all minimum commitments and pay

Z126·6548-US·05 06/2016

termination or adjustment charges specified In the SOW or TD and any additional costs IBM reasonably Incurs because of early termination, such as costs relating to subcontracts or relocation. IBM will take reasonable steps to mitigate any such additional costs.

Machines and Appliances A Machine Is an IBM-branded device including its features, upgrades, and accessories. An Appliance Is a Program and Machine combination designed for a particular function. Unless otherwise provided, terms that apply to a Program apply to the Program component of an Appliance and terms that apply to a Machine apply to the Machine component of an Appliance. Client may not use or transfer an Appliance's Program component Independently of the Appliance. When IBM accepts Client's order, IBM transfers title to Machines and non-IBM machines to Client or Client's lessor upon payment of all amounts due, except In the United States where title transfers upon shipment. IBM bears risk of loss until delivery to the carrier for shipment. IBM pays for Insurance on Client's behalf until delivery to Client's location. Client must report any loss In writing to IBM within 1 0 business days of delivery and follow the claim procedure. Additional charges may apply for IBM installation more than six months after shipment. Client must follow Instructions provided to install Client set up Machines.

Machines and parts removed or exchanged for upgrade, warranty service, or maintenance are IBM property and must be returned to IBM promptly. A replacement assumes the warranty or maintenance status of the replaced part. A Machine may Include parts that are not new and In some Instances Machines may have been previously Installed. Regardless, IBM's warranty temns apply. Client will promptly Install or allow IBM to Install mandatory engineering changes. Client may only acquire Machines for use within Client's Enterprise in the country where acquired and not for resale, lease, or transfer. Lease-back financing Is permitted.

Machine Code and Built In Capacity

Machines may include Machine Code (MC) and Built In Capacity {BIC). MC Is computer instructions, fixes, replacements and related materials, such as data and passwords relied on, provided, used with or generated by MC, that permit the operation of the machine's processors, storage or other functionality. MC Is copyrighted and licensed (not sold). IBM only provides copies, fixes or replacements for MC for Machines under warranty or IBM maintenance, or under a separate written agreement which may be subject to additional charges, Client agrees that all copies, fixes or replacements for MC will be obtained solely as authorized by IBM. IBM grants Client a nonexclusive license to use MC only (I) on the Machine for which IBM provided it, and {IQ to access and use BIC only to the extent paid for by Client, activated by IBM and subject to the Attachment called IBM Authorized Use Table for Machines (AUT) available from IBM and at http:l/www.lbm.com/systems/support/machlne_warranties/m achlne_code/aut.html. BIC Is computing resource (e.g., processors, storage and other functionality) that IBM provides for a Machine. Use of BIC may be restricted by contract, technological or other measures. Client agrees to IBM's Implementation of technological and other measures that restrict, monitor and report on use of BIG or MC, and to Install any changes IBM provides. Client may not alter, reverse assemble, reverse compile, translate or reverse

Page2 of 5

engineer the MC, or circumvent or Interfere, by any means, with IBM's contractual, technological or other measures that restrict, monitor or report on use of BJC or MC. While Client's license to MC Is In effect, Client may transfer possession of the entire MC along with all of Client's rights and obligations only with corresponding transfer of the Machine and a hardcopy of this MC license, and only If the transferee agrees to the terms of this MC license. Client's MC license terminates immediately upon transfer. This Agreement governs MC and BIC on Machines acquired from another party. Use of BIC in excess of authorizations from IBM Is subject to addilional charges.

Warranties and Post Warranty Support

IBM warrants that Programs used in their specified operating environment conform to their official published specifications. The warranty period for a Program (not the Program component of an Appliance) Is one year, or the Initial license term if Jess than one year, unless another warranty period is specified in an Attachment or TD. During the Program warranty period, IBM provides Software Subscription and Support (S&S), entitling Client to defect correction information, restrictions, bypasses, and new releases and versions IBM makes generally available. Unless Client elects to discontinue S&S, annual S&S automatically renews at then-current charges until S&S for a version or release Is withdrawn. If Client elects to continue S&S for a Program at a designated Client site, Client must maintain S&S for all uses and Installations of the Program at that site.

IBM warrants that it provides Cloud and other Services using commercially reasonable care and sklll in accordance with the applicable Attachment or TD, including any completion criteria, and that Project Materials will comply with the Attachment or TD at the time of delivery. The warranty for a Service ends when the Service ends.

IBM warrants that Machines used in their specified operating environment conform to their official published specifications. For a Machine or Appliance, the warranty period Is specified in the Attachment or TD. During its warranty period, IBM will repair or exchange the Machine without charge, as specified in the Attachment. Warranty does not apply to Machines that Client did not allow IBM to install as required by the TO. Client may purchase warranty service upgrades and post warranty support where available. For Appliances, post warranty support includes maintenance and S&S.

If a Machine or Program does not function as warranted during Its warranty period and IBM is unable to repair or replace it with a functional equivalent, Client may return it to IBM for a refund of the amount Client paid (for recurring charges, up to twelve months' charges) and Client's license or right to use It terminates.

IBM does not warrant uninterrupted or error-free operation of an IBM Product or that IBM will correct all defects or prevent third party disruptions or unauthorized third party access to an IBM Product, These warranties are the exclusive warranties from IBM and replace all other warranties, Including the implied warranties or conditions of satisfactory quality, merchantability, non-Infringement, and fitness for a particular purpose. IBM warranties will not apply If there has been misuse, modification, damage not caused by IBM, failure to comply with Instructions provided by IBM, or If otherwise stated In an Attachment or TO. NonIBM Products are sold under the Agreement as-Is,

Z126-6548-US-06 06/2016

without warranties of any kind. Third parties may provide their own warranties to Client.

Charges, Taxes, Payment and Verification

Client agrees to pay all applicable charges specified by IBM, charges for use in excess of authorizations, any customs or other duty, tax, levy, or fee imposed by any authority resulting from Client's acquisitions under the Agreement, and any late payment fees. Amounts are due upon receipt of the invoice and payable within 30 days of the Invoice date to an account specified by IBM. Prepaid Services must be used within the applicable period. IBM does not give credits or refunds for any prepaid, one-time charges, or other charges already due or paid.

Client agrees to: Q pay withholding tax directly to the appropriate government en lily where required by law; li) furnish a tax certificate evidencing such payment to IBM; Iii) pay IBM only the net proceeds after tax: and lv) fully cooperate with IBM In seeking a waiver or reduction of such taxes and promptly complete and file all relevant documents. Where taxes are based upon the locatlon(s) receiving the benefit of the Cloud Service, CUent has an ongoing obligation to notify IBM of such location(s) if different than Client's business address listed in the applicable Attachment or TD.

IBM may change recurring charges, labor rates and minimum commitments on three months' notice. A change applies on the Invoice date or the first day of the charging period on or after the effective date IBM specifies In the notice. IBM may change one-time charges without notice. However, a change to a one-time charge does not apply to an order if I) IBM receives the order before the announcement date of the increase and U) within three months after IBM's receipt of the order, lhe product Is shipped or made available to Client.

Client will i) maintain, and provide upon request, records, system tools output, and access to Clienfs premises, as reasonably necessary for IBM and its Independent auditor to verify Client's compliance with the Agreement, including MC and Program licenses and metrics, such as subcapacity usage, and II) promptly order and pay for required entitlements (including associated S&S or maintenance) at IBM's then current rates and for other charges and liabilities determined as a result of such verification, as IBM specifies In an Invoice. These compliance verification obligations remain In effect during the term of any TD and for two years thereafter.

Liability and Indemnity

IBM's entire liability for all claims related to the Agreement will not exceed the amount of any actual direct damages Incurred by Client up to the amounts paid (if recurring charges, up to 12 months' charges apply) for the product or service that is the subject of the claim, regardless of the basis of the claim. This limit applies collectively to IBM, its subsidiaries, contractors, and suppliers. IBM will not be liable for special, Incidental, exemplary, indirect, or economic consequential damages, or lost profits, business, value, revenue, goodwill, or anticipated savings.

The following amounts, If a party is legally liable for them, are not subject to the above cap: I) third party payments referred to in the paragraph below; IQ damages for body Injury (including death); IJJ) damages to real property and

Page 3 of 6

tangible personal property; and lv) damages that cannot be limited under applicable law.

If a third party asserts a claim against Client that an IBM Product acquired under the Agreement infringes a patent or copyright, IBM will defend Client against that claim and pay amounts finally awarded by a court against Client or included in a settlement approved by IBM, provided that Client promptly (I) notifies IBM in writing of the claim, (ii) supplies information requested by IBM, and (Ill) allows IBM to control, and reasonably cooperates in, the defense and settlement, including mitigation efforts.

IBM has no responsibility for claims based, In whole or part, on Non-IBM Products, items not provided by IBM, or any violation of law or third party rights caused by Client's content, materials, designs, specifications, or use of a noncurrent version or release of an IBM Product when an infringement claim could have been avoided by using a current version or release.

Termination

Either party may terminate this agreement i) without cause on at least one month's notice to the other after expiration or termination of its obligations under the Agreement; or li) immediately for cause if the other is in material breach of the Agreement, provided the one who Is not complying is given notice and reasonable lime to comply. Failure to pay is a material breach. Any terms that by their nature extend beyond the Agreement termination remain in effect until fulfilled, and apply to successors and assignees. Termination of this agreement does not terminate TDs, and provisions of this agreement and Attachments as they relate to such TDs remain in effect until fulfilled or otherwise terminated in accordance with their terms. IBM may terminate Client's license to use a Program or MC If Client fails to comply with the Agreement. Client will promptly destroy all copies of the Program or MC after either party has terminated the license.

Governing Laws and Geographic Scope

Each party is responsible for complying with: I) laws and regulations applicable to Its business and content, and II) import, export and economic sanction Jaws and regulations, including those of the United States that prohibit or restrict the export, re-export, or transfer of products, technology, services or data, directly or Indirectly, to or for certain countries, end uses or end users. Client Is responsible for its use of IBM and Non-IBM Products.

Both parties ag rea to the appllcallon of the taws of the country where the transaction is performed (or for Cloud Services, the Jaws of the state of New York, United States, to the Agreement, without regard to conflict of law principles. The rights and obligations of each party are valid only in the country where the transaction Is performed or, If IBM agrees, the country where the product is placed in productive use, except all licenses are valid as specifically granted. If any provision ofthe Agreement is invalid or unenforceable, the remaining provisions remain in full force and effect. Nothing In the Agreement affects statutory rights of consumers that cannot be waived or limited by contract. The United Nations Convention on Contracts for the International Sale of Goods does not apply to transactions under the Agreement.

General Parties will not disclose confidential Information without a separate, signed confidentiality agreement. If confidential Information Is exchanged In connection with the Agreement,

Z 126-6548-US-05 06/2016

the applicable confidentiality agreement is Incorporated Into, and subject to, this agreement.

Client accepts an Attachment or TD by ordering, enrolling, using, or making a payment for, the product, offering or service. Since this agreement may apply to many future orders, IBM may modify this agreement by providing Client at least three months' written notice. Changes are not retroactive; they apply, as of the effective date, only to new orders, ongoing services that do not expire, and renewals. For transactions with a defined renewable contract period, Client may request that IBM defer the change effective date until the end of the current contract period. Client accepts changes by placing new orders or continuing use after the change effective date or allowing transactions to renew after receipt of the change notice. Except as provided above, all changes to the agreement must be In writing accepted by both parties. If there Is a conflict, an Attachment or TD prevails over the terms of this agreement.

IBM is an Independent contractor, not Client's agent, joint venturer, partner, or fiduciary, and does not undertake to perform any of Client's regulatory obligations, or assume any responsibility for Clienrs business or operations. Each party Is responsible for determining the assignment of its personnel and contractors, and for their direction, control, and compensation.

IBM maintains a robust set of business conduct and related guidelines covering conflicts of interest, market abuse; antibribery & corruption; and fraud. IBM and Its personnel comply with such policies and require contractors to have similar policies. IBM Business Partners are Independent from IBM and unilaterally determine their prices and terms. IBM is not responsible for their actions, omissions, statements, or offerings. Client Is responsible for obtaining all necessary permissions to use, provide, store and process content in Cloud, other Services, maintenance, or Program support, and grants IBM permission to do the same. Client is responsible for adequate content back-up. Some of Client's content may be subject to governmental regulation or may require security measures beyond those specified by IBM for an offering. Client will not input or provide such content unless IBM has first agreed in writing to implement additional required security measures. IBM and its affiliates, and their subcontractors, may process and store business contact Information of Client personnel In connection wfth the performance of this Agreement wherever they do business. IBM may use personnel and resources in locations worldwide and third party suppliers to support the delivery of products and services.

Neither party may assign the Agreement, In whole or in part, without the prior written consent of the other. Assignment of IBM rights to receive payments and by IBM in conjunction with the sale of the portion of IBM's business that includes a product or service Is not restricted. The Agreement applies to IBM and Client (the signatories below) and their respective Enterprise companies who avail themselves of the Agreement. The signatories shall coordinate the activities of Enterprise companies under the Agreement. Enterprise companies include (i) companies within the same country that Client or IBM control (by owning greater than 50% of the voting shares), and (II) any other entity that controls, Is controtled by or is under

Page4 ore

common control as Cflent or IBM and has signed a participation Attachment.

All notices under the Agreement must be in writing and sent to the address below, unless a party designates In writing a different address. The parties consent to the use of electronic means and facsimile transmissions for communications as a signed writing. Any reproduction of the Agreement made by reliable means Is considered an original. The Agreement supersedes any course of dealing, discussions or representations between the parties.

Agreed to: Client Company Name:

BY, ______________________________ ___

Authorized signature Title: ________________ _

Name (type or print):-------------Date: ________________ _

Client number: ______________ _

Enterprise number:. _____________ _

Client address:. _______________ _

Z126·6548-US..05 06/2016

No right or cause of action for any third party Is created by the Agreement or any transaction under it. Neither party will bring a legal action arising out of or related to the Agreement more than two years after the cause of action arose. Neither party Is responsible for failure to fulfill its nonmonetary obllgations due to causes beyond Its control. Each party will allow the other reasonable opportunity to comply before it claims the other has not met its obligations. Where approval, acceptance, consent, access, cooperation or similar action by either party is required, such action will not be unreasonably delayed or withheld.

Agreed to: International Business Machines Corporation

BY.'------------------~---------Aulhorized signature

Title: _______________ _

Name (type or print}: ------------

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

Agreement number: --------------

IBM address:---------------

Approved aB tc ~-;.;gall~}' and Form: Date 1 v/ 'f -11

ASST CO. COUNS~ R!::cerved _____ •• ·-·-· ...... .

Pageli of 6

-------------5 - -:SvS: Master Services Attachment for ServiceEiite

1. Services

IBM will provide Services, as described In this Atlachment and Slatements of Work (SOW), Schedules, and Change Authorizations (collectively Transaction Documents or TDs), to support Client's Eligible Machines and Eligible Programs (collectively Eligible Products).

IBM will identify EHglble Products, Specflied Locations (entire Information processing environment, or a portion thereof, at mullfple sltes or a single building), applicable Services, and the contract period, in TDs.

Eligible Machines must meet IBM's safety and serviceability requirements. IBM reserves the right to Inspect a Machine within one month from the start of Service. If the Machine Is not In acceptable condition for Service, IBM will restore It for a charge or Cfient may withdraw Its request for maintenance Service.

Machine Maintenance Is Service to keep Machines In, or restore them to, conformance with their official published specifications, and does not cover:

1) Improperly mainlalned or damaged Machines, Machines with altered identlflcallon labels, alterations, accessories; 2) supply Items, consumables (such as batteries and printer cartridges), structural parts (such as frames and covers), or failures caused by a product for which IBM is not responsible; 3) Machine installallon, engineering change activity, or preven!lve maintenance; or 4) service of features, parts, or devices not supplied by the Machine's manufacturer, or IBM during the performance of Service.

IBM does not warrant uninterrupted or error-free operation or that IBM will correct all defects or prevent third party disruptions or unauthorized third party access.

For acquisitions through an IBM Business Partner (BP) authorized to resell IBM Services, the BP establishes the price and general business terms at which they market IBM Services and communicates !he terms for each BP transaction directly to Client. However, IBM establishes the terms of each Service IBM provides and will provide the Services as described in this Atlachment and applicable TO. Whenever a party Is required to provide notification to the other, each agrees to notify the applicable BP.

If a BP that Client has contracted through is no longer able to offer IBM Services, IBM will notify Client In writing. Client may continue to receive the Services by Instructing IBM In writing to transfer administration of the Services to 1) another BP of Client's choice approved to offer IBM Services, or 2) IBM under a standard direct relationship where IBM Invoices Client.

1.1 Warranty Service Upgrade (WSU)

During the warranty period for certain Eligible Machines, Client may selecl an upgrade to the standard warranty. WSU may not be temnlnated or lransferred during the warranty period. When the warranty period ends, the Machine Is added to maintenance at the Type of Service selected for wsu.

1.2 Maintenance of IBM Machines

IBM will provide maintenance of Eligible IBM Machines specified In the Schedule.

IBM may provide an exchange replacement for Installation by Client. ·Replacements may be I) a part of a Machine (called a Client Replaceable Unit (CRU), e.g., keyboard, memory, or hard disk drive), or II) an enUre Machine. When a return is required, Client is charged for the replacement if IBM does not receive the replaced part within 15 calendar days of Client's receipt of the replacement. Client may request that IBM Install the replacement as a billable lnstallalion.

1.3 Maintenance of Non·IBM Machines

IBM will provide repair Service for the manufacture~s base configuration for each covered model of Eligible non-IBM Machines speclfled In the Schedule.

Repair of non-IBM Machines Is subject to the availability of parts and technical support required of the manufacturer. Repair parts will be functionally equivalent to those replaced, may be new or used, and may have been manufactured by other than the original manufacturer. Upon written notice, IBM may terminate coverage for an Eligible non-IBM Machine due to lack of available repair parts or manufacturer technical support.

1.3.1 Multiple Vendor Service

IBM provides maintenance support and repair coordlnalion of maintenance activities for Machines In a multi-vendor environment (Multiple Vendor Service or MVS). For repair coordination, Client must notify service providers that IBM will be placing the requests for service. IBM then places warranty or maintenance calls with service providers on Client's behalf, and remains responsible for coordinating maintenance actMtles and problem resolution until resolved.

Notwithstanding other terms of this Attachment:

1. Charges are based on MVS Inventory. IBM will adjust the monthly charges when the inventory changes; 2. MVS Services do not automatically renew. Additions or renewals are documented in a new MVS Inventory List with the new inventory, period,

and applicable charges; and · 3. Client commits to continue MVS for the specified transaction contract period. Neither party may terminate MVS during the first 12 months (the

Minimum Period). Thereafter, a party may terminate upon three months' wrllten notice.

1.4 IBM Software Maintenance

Z125-7227-21 03-2016 (MK076) contract A76XJ9 (prepared 06/29/16 16:46 AVSTOVE) Page 1 of 4

IBM provides software maintenance for Eligible Programs for which Client Is licensed. IBM makes available the most current commercially available version, release, or update to all of the Eligible Programs for which Client acquires support in the specified operating environment, as made available. Information to order versions, releases or updates is found at http:/lwww-05.ibm.com/serversleserver/essl0penServlet.wss then select the Entitled Software Update (ESU) screen tab.

Eligible Programs are listed at www.lbm.comlserviceslsupline/productsl or may be obtained from Client's IBM representative. The listing of Eligible Programs contains the last dale of service for each respective release. IBM supports only current releases of Eligible Programs. It Is Client's responsibility to ensure that Its Eligible Programs are current when requesting Service.

IBM provides assistance for Client's a) routine, short-duration installation and usage (how-to) questions and b) code defect-related questions.

IBM provides assistance via telephone and, If available, electronic access, only to Client's Information Systems (IS) technical support personnel. This assistance Is not available to Client's end users. IBM provides Severity 1 assistance 24 hours a day, every day of the year. Consult the IBM Software Support Guide at http:l/www14,software,lbm,comlwebapplset2lsasfl/handbooklhome.html for details. A 24x7 (every day of the year) all-severity option may be available for an extra charge. •

Service is provided solely for Eligible Programs that are located within the United States (USA). For calls that originate from outside of the USA: a) toil free telephone access Is not available, b) "local time zone" Is defined as the lime zone where Client's USA Eligible Programs are Installed, Monday through Friday (excluding nallonal holidays), c) replies or other return communicatlon to the caller will be via a USA telephone number provided by Client or electronic means only, d) software "traps" or other tools that may be necessary to diagnose problems will be sent only to the USA Eligible Programs location, e) the diagnosis and repair of data encryption will be discussed only with personnel at the USA Eligible Programs location, and f) all support will be provided In the English language only.

1.4.1 Software Maintenance After License Fee

Software Maintenance After License Fee (ALF) is a one-time charge to resume Software Maintenance if coverage lapsed due to non-renewal or termination. The new support period begins on the date that IBM accepts Client's order.

1.5 Support via USA Citizens Option

As avatlabte for selected Eligible Products and Services, Client may purchase IBM Support via USA Citizens for software or hardware in addition to maintenance. This feature provides standard IBM remote hardware and software support delivered and managed exclusively by USA CIUzens located In the continental USA. IBM Support via USA Citizens Is available via voice support, during prime shift only, for software. Hardware support is 24x7. Each time Client calls IBM, this process is engaged only after Client Identifies Itself as a Support via USA Citizens Client and IBM verifies Client's entitlement. Client's hardware error data for analysis and call data will be managed by USA Citizens only.

1.6 Machine Control Program Remote Support

Remote Support Service is provided only for Machine Control Programs (MCP), meaning code delivered with an IBM Machine that executes below the external user Interface (e.g., Implemented In a part of storage that Is not addressable by user programs). IBM will provide remote assistance (via telephone from IBM's support center or via electronic access) In response to Client's routine installation, configuration, and usage (how-to) questions pertaining to MCPs on covered IBM Machines, during normal business hours (8:00a.m. to 5:00p.m. In the local time zone where Client receives Service, Monday through Friday, excluding national holidays). For an additional charge•, Client may upgrade hours of coverage to 24x7.

2. Client Responsibilities

Client agrees: a) to provide IBM with the Inventory of Eligible Products to be covered at each Specified Location and to notify IBM of changes; b) that all Client notices must be In writing and received by IBM 60 days prior to the effective date of a change, unless otherwise specified; c) to limit use of any access codes to electronic diagnostic tools, Information databases, or other Service delivery facilities to those authorized to use them under Client's control and only in support of Eligible Products and Services identified in TDs; d) to provide IBM with necessary Information requested, and keep such lnformaUon current; e) to allow remote access to Client's system to assist In isolating the problem cause. Client remains responsible for adequately protecting its system and all data contained therein whenever IBM remotely accesses II. If Client denies remote access to Its system by IBM, IBM may be limited In Its ability to resolve the problem. If IBM Is unable to resolve the problem without access, IBM will notify Client and close the service call; f) that some Services may require the installation and use of remote connectivity tools and equipment for direct problem reporting, remote problem determination and resolution. Any third party communications or connectivity charges are Client's responsibility; g) to use the Information obtained under these Services only for the support of the information processing requirements within Client's Enterprise; h) to securely erase all non-IBM programs and all data (Including confidential, proprietary and personal data regarding any Individual or entity) from any Machine or part of a Machine returned to IBM for any reason and ensure that It Is free of any legal restrictions that would prevent Its return; I) that, to perform lis responsibilities, IBM may ship all or part ofthe Machine or Its software to other IBM or third party locations around the world; J) that Client Is responsible for obtaining all necessary permissions to use, provide, store and process content In connection with Services, and grants IBM permission to do the same, Client is responsible for adequate content back-up. Some of Client's content may be subject to governmental regulation or may require security measures beyond those specified by IBM for an offering. Client will not Input or provide such content unless IBM has first agreed in writing to Implement additional required security measures; k) that Services may be performed on-site at Client's Specified Locations and off-site at IBM locations, and that IBM uses global resources (non-permanent residents used locally and personnel in locations worldwide) for delivery of Services; I) to follow the service request procedures that IBM provides, to Include Installing entitled Machine Code and other software updates (downloaded from an IBM web site or copied from other electronic media), and to follow IBM's (or manufacturer's) guidelines pertaining to operator responsibilities, maintenance procedures, and supplies, prior to placing a Service request; m) that, with respect to Services under this Attachment, the parties agree to look to their own risk management (Including Insurance) to cover damage, destruction, loss, theft, or government taking (collectively, Loss) of their respective tangible property (whether owned or leased), and neither party shall be liable to the other for such Loss except liability for negligence under applicable law; and n) that Client cannot resell Services or transfer Services to another Machine.

3. Automatic Inventory Increase for Machine and Software Maintenance Services

If Client selects the Automatic Inventory Increase Option, IBM will automatically increase the inventory count and associated Services at Specified Locations. The following terms apply. Upon request, each party will provide reasonable cooperation to the other In updating the last formal Inventory.

2125-7227-21 03-2016 (MK076) contract A76XJ9 (prepared 06129116 16:46 AVSTOVE) Page 2 of4

OPTION #1 ·MACHINE MAINTENANCE SERVICES

If the Machine is under warranty when added, Services will commence at warranty exit. If the Machine Is not under warranty when added, Services will commence at the later of a) the date of Installation or b) the previous yearly anniversary of the start of the transaction contract period. IBM Machines specifically excluded from coverage at transaction contract period start remain outside the scope of this section unless Client requests IBM add them during the transaction contract period. Services are the same as for all other Machines of the same type at the Specified Location.

Newly installed IBM Machines of the same type as WSU are added at date of actual inslaffatfon and covered at the same WSU support level.

OPTION #2 • SOFTWARE SERVICES

IBM will Increase the Inventory count and associated Services when an Eligible Program licensed for use on an Eligible IBM Machine Is added to the inventory. Applicable Services are lhe same as for other copies of the Program licensed for use on Eligible IBM Machines of the same type at the Specified Location.

Services will commence Immediately upon addition of the Eligible Program to the Inventory (After License Fees may appfy), except if !he Program Is covered under the Agreement for Acquisition of Software Maintenance when added to the inventory, then Services via ServlceEffte will commence at the end of that support period.

4. Charges

For each transaclion, Total services charges are adjusted when:

1. a review of the Inventory count Indicates a change from the fast accounting; or 2. a Specified Location Is affected by a change that results In additional charges (e.g., a change In tax rates), Eligible Machine type, or Service

Is added, deleted, or changed.

For Sales through IBM, charges are based on Service selections, price protection option, payment option, and any prepay period. Renewal charges are calculated at the start of each renewal period.

For Sales through an IBM BP, the IBM BP sets the charges and charges terms. The IBM BP may Impose an additional charge for some actions (e.g., termination), or for IBM's provision of some additional services (e.g., Service upgrades) as Identified in this AUachment and Its associated TO's with an asterisk("*"). Check wllh the IBM BP regarding asterlsked terms to determine If you wJIIIncur an additional charge or may be entitled to a credit or refund. Payment is made directly to the IBM BP.

4.1 Price Protection

For each transaction package, Client selects one of the following Price Protection Options. Client's selection Is specified In the Schedule for that transaction.

OPTION #1 ANNUAL· PRICE PROTECTION DURING EACH TRANSACTION CONTRACT YEAR ONLY IBM may revise charges, however any rate Increase wRI not take effect until the next yearly anniversary of the start of the transaction contract period. At the start of each transaction contract year, Client Is Invoiced at the charge rates that are then in effect and that Invoice will serve as Client's notice of changes. Newly added Eligible Products and Services and changes to configurations and Services assume the charge rate that applied at the previous yearly anniversary of the transaction contract period. Eligible Products and Services that become generally available during the transaction contract period are added at the charge rate that applied on their Initial availability date.

OPTION #2 FULL- PRICE PROTECTION FOR ENTIRE TRANSACTION CONTRACT PERIOD, INCLUDES PROTECTION FOR NEWLY ADDED MACHINE TYPES For lhe transaction contract period, charges for Included Eligible Product configurations and Services do not increase. Newly added Eligible Products and Services and changes to existing Eligible Product configurations and Services assume the charge rate that applied at the transaction contract period start. Eligible Products and Services that become generally available during the transaction contract period are added at the charge rate that applied on their Initial availability date. Client receives the benefit of a decrease In applicable charges for amounts that become due on or after the effective date of the decrease.

OPTION #3 PREPAY- PRICE PROTECTION FOR TRANSACTION CONTRACT PERIOD PREPAY Prepaid Services are not subject to Increases in charges (during the prepaid period) for Included Eligible Product configurations and Services. Newly added Eligible Products and Services and changes lo existing Eligible Product configurations and Services assume the charge rate that applied for these at transaction contract period start, with adjustment for the reduced prepay period. Eligible Products and Services that become generally available during the transaction contract period assume the charge rate that applied at transaction contract period start, with adjustment for the reduced prepay period. If Client elects to have these charge terms apply for charges during any renewal transaction contract period (as recalculated at the start of each renewal period), Client must provide IBM written notification (at least one month prior to the start of the renewal period), and prepayment for the entire renewal period. OtheiWise, charges for the renewal period will revert to a quarterly bJIIIng cycle under the terms set out for Option #1 above.

4.2 Re-establishment Fee

If Client's warranty or maintenance Service coverage for a Machine lapses by 90 days or more, and Client subsequently requests to restart Services, a re-establishment fee applies based on the number of days of lapsed coverage, up to 365 days of the applicable Service fees for the Machines.

5. Renewal Services automatically renew unless a party elects not to renew. The Renewal Contract Period specllles the number of years (0 means no renewal elected) for which Services will renew, unless IBM receives nonrenewal notice 30 days prior to the end of contract period. Services will then terminate at the end of the current transaction contract period. To avoid termination at contract period end date, If Client requires a Purchase Order (PO), IBM must receive the PO at least 30 days prior to the contract period end date.

2125-7227·21 03-2016 (MK076) contract A76XJ9 (prepared 06/29/16 16:46 AVSTOVE) Page3of4

6. Termination

One of the following termination provisions will apply based on the length of the transaction contract period specified In the Schedule.

PROVISION #1 - ONE YEAR TRANSACTION CONTRACT PERIOD Client may terminate Services for en Eligible Product on .notice to IBM, If Client permanently removes It from productive use within Clienrs Enterprise. Otherwise, Services.must be under contract for at least one year. If Client selects automatic renewals, Client may terminate Services after the first full year of Service by providing IBM notice prior to the end of Client's first year of Service. Client will receive a credit for any remaining prepaid period associated with Services terminated In accordance with this provision.• Client may also terminate Services by providing IBM notice, after the Services have been under contract for at least one year. Client will receive a credll for any remaining prepaid period associated with Services terminated In accordance with this provision.•

PROVISION #2 • MUL TI·YEAR TRANSACTION CONTRACT PERIOD Client has committed to continue Services for the entire transaction contract period.. However, Client may terminate Services for an Eligible Product, on notice to IBM, If Client permanently removes It from productive use within Client's Enterprise. Otherwise, If Client chooses to terminate Services not being replaced by equivalent Services alter the first year, Client may do so by providing IBM notice and paying an adjustment fee equal to one month's charges for each year In the Transaction Contract Period.* After allowing for applicable adjustments, Client will receive a credit for any remaining prepaid period associated with Services Cllenltermlnates In accordance with this provision.•

This 1) Attachment, 2) applicable Transection Documents, and 3) the agreement identified below comprise the complete agreement regarding the Services and replace any prior oral or written communications between Client and IBM. Each party accepts the terms of this Attachment by signing this Attachment (or another document that incorporales it by reference) by hand or, where recognized by law, electronically.

As used In this Attachment and lis applicable Transaction Documents, "Client", "Customer'', "you" and "your'' refer to the contracting entity Identified below.

Agreed to;

By ------------~~~~--~-------------Authorized signature

Name (type or prtnt):

Date;

Enterprise number:

Client address;

Agreed to; International Business Machines Corporation (IBM)

By--------------------~~~~~---------------------Authorlzed signature

Name (type or print):

Date;

Reference Agreement number;

Attachment number.

IBM address;

IBM CORPORATION 6303 BARFIELD RD NE ATLANTA, GA 30326-4233

I·~ ApiJrCVGd a~ to j.,•3ga It)' I . 'J ~ j .. f * 11

and Form: Date--rrv===

!\SST CO. COUNSEitR'

Z125-7227-21 03-2016 (MK076) contract A76XJ9 (prepared 06/29/1616;46 AVSTOVE) Page4 of4

~ Shawnee County

Information Technology Room 205, Courthouse

200 SE 7th Street Topeka, Kansas 66603-3933

MEMORANDUM


TO: Board of County Commissioners

FROM: Pat Oblander, Information Technology Director

RE: CIC/TAS annual maintenance.

The Information Technology department is requesting approval to renew the Annual Peopleware Agreement with Computer Information Concepts for the Tax Administration Solution (TAS) platform. TheTAS platform is used by various departments throughout the county to perform many of the tasks involved in tax revenue collection, distribution, and record keeping.

The Peopleware Agreement provides support for the hardware and software elements that comprise theTAS platform. The support includes software updates and enhancements as they become available, assistance with problem resolution for hardware and software elements, and online demonstrations and training sessions. The agreement also defines support hours and contact mechanisms and provides support response time guarantees.

Funding to support this item, $60,280.00, is contained within the Information Technology 2017 budget.

CPO/mro

~

fax 785-2.91-4.907 hone 785-233-8200 exl 4030

Rev. 09/2013 ATIACHMENTTO

SHAWNEE COUNTY CONTRAcr C,__ __ _

CQNTRACTUAL 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 IIERE!N CONTROLLING PROVISIONS. It is expressly agreed that the terms of each· and .cvel)' 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 inc01porated.

2. AGREEMENT WITH KANSAS LAW. It is agreed by and between .the undersigned that all disputes aild matters whatsoever arising under, in connection with or incideilt to this .contract shall be litigated, if at all, in and. b~re a Couit located in. the State of Kansi1s, U.S.A., to the exclusion of the Courts af any other states or countl)'. All contractual agreements shall be subject to, governec:) by, and .construed according to the laws of the State afKansas.

3. TERMINATION DUE TO LACK OF FUNDING AfPROPRIATJON. Shawnee County is subject to the Kansas Cash Basis taw, K.SA 10-1101 et seq. It; in the judgment ofthe Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the ful)ction performed in this agreement and for the payment of the charges hereimder, County may t~:nninate this agteerilent 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. Iil the event this agreement is terminated pursuant to tiiis p~ph, County will pay to the contractor all J:!lgular contractual payments incumd through the end of silch 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 LJ'ABILITY. Neither the County of Shawnee nor any department thereof shall hold harmless or indemnifY any contractor for any liability whatsoever.

5. ANTI·DISCRJMINATJON CI.t.usJ. The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A 44-1001 et s1q.) 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, disabilli¥, national origin or ancestl)', or age in the admission of access to or treatment or employment in, its programs or activities; (b) to inciude in all solicitations pr advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the teportinJ requirements set out in K.S.A 44-1031 and K:S.A. 44-1 i 16; (d) to include those provisions in evel)' subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reponing requirements of (c) above or if the contractor is found guilty of any violatiOn of such acts by the Kailsas Human Rights Commission, such violation shall constitute a breach ot contract; (f) if the contracting ilgency det~:miines that the contractor has violated awlicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (1) occurs, the co~t may be cancelled, teiniinated or suspended in whole or in part by Ute County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not awlicab1e to a ccmtractor who employs fewer than four employees or whose .contract with the County totals $5,000 or less during this fiscal year.

6. AcCEPTANGE OF CQNTRACT. 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 Boatd of County Commissioners of the County of Shawnee, Kansas.

7. ARBITRATION. DAMAGES. WARRANTIE§. Notwithstanding any language to the contrary, no inteJpretation shall be allowed to find the County has agreed to binding lirbitration, or the payment ot damages or penalties upon the occun-ence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect whicli attenipts to exclude, modifY, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particularpurpose,

8. REPREsENTATiVE's A!JIHORJIY TO CONT1!ACJ.'. By signing this document, the representative of the contractor thereby ~ents 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. RISPoNSilllLIIY FQR TAXES. The County shall not be responsible .for, nor inderilnifY a contractor for, any federal, state or local taxes which may be imposed or levied upon the subjet;t matter of this contract.

10. .INS!J!ANCI! Tb,e County shall not be required to purchase, any inSurance against loss or damage to any pmsoual 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. ~ubject 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:

~q.~ By:

Title:

n,tte:

BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

Robert E. Archer, Chair

Date:

ATTESf:

Cynthia A BeCk, Shawnee County Clerk

SHA\iVNEE COUNll CONTRACT ii£e..ttrl;-soff

ANNUALPEOPLEWAREAGREEMENT

THIS AGREEMENT is made and entered into as of February 1, 2017, by and between

Computer Information Concepts, Inc. 2843 31st A venue Greeley, Colorado 80631

a Colorado Corporation, hereinafter referred to as "CIC" and

The Board of County Commissioners of the County of Shawnee, Kansas 200 SE 7th Topeka, Kansas 66603

hereinafter referred to as "Customer".

WITNESSETH:

WHEREAS, CIC has determined to provide Customer access to support, enhancements and training for Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment, hereinafter referred to as "Annual PEOPLEWARE" and additional products and/or services Customer may request in the future, to maintain or enhance Customer's automation environment, hereinafter referred to as "Products I Services"; and

WHEREAS, Customer has elected to purchase CIC's Annual PEOPLEW ARE as evidenced on Exhibit A, attached hereto and by this reference made a part hereof, and in the future may purchase additional Products I Services, as will then be evidenced on Exhibit B(s), "SAMPLE" attached hereto and by this reference made a part hereof. ·

NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree that CIC will deliver Annual PEOPLEW ARE to Customer, twenty-four (24) hours/day, seven (7) days/week.

ANNUAL PEOPLEW ARE

A. Hardware

Maintenance - CIC will assist in problem determination and cooperate with Customer and Customer's maintenance personnel to maximize up time. Although CIC may recommend computer hardware maintenance options, actual agreement execution and resultant costs, remain Customer's responsibility.

Emergency Backup- CIC will provide personnel to assist Customer in locating backup computer hardware; coordinate the temporary relocation of Customer's operating I application systems I data and assist in Customer's emergency processing, at CIC's then current hourly rate.

Page 1 of9

B. Software

Operating Systems- CIC trained personnel will promptly respond I resolve all connectivity and communication questions, problems, etc. encountered in the use of your hardware, operating systems, local area and wide area networks, including hubs, routers, VPN devices, communication lines, etc. and will inform, recommend and assist you in ordering I pre-testing all future operating system releases, enhancements and/or program temporary fixes from CIC's vendors necessary to maintain your hardware at a level supportable by CIC.

Application Systems- CIC develops and maintains a working knowledge of not only the Application Systems, but more importantly, how each of our many features are currently used in your operation, permitting our PEOPLEWARE Team's active participation in recommending procedural changes necessary to increase utilization of our new features and enhancements as they become available. Following initial implementation, CIC will continue to inform, recommend and assist in ordering, providing and pre-testing all new Application System Releases, Enhancements and/or Program Temporary Fixes from CIC's vendors, as necessary, to maintain your software at a level supportable by CIC.

Future Releases I Enhancements I Program Temporary Fixes- CIC will inform, recommend and assist Customer in ordering I pre-testing all future operating or application system releases, enhancements and/or program temporary fixes from CIC and CIC's vendors necessary to maintain Customer at a level supportable by CIC. Actual acquisition and/or on-site installation I implementation costs for such future releases, enhancements and/or program temporary fixes remain Customer's responsibility unless specifically included on Exhibit A.

C. PEOPLEWARE

"INSTANT Response" - Customers utilizing our "Internet Accessible" Annual PEOPLEWARE System (APS) to log support calls by "Task Code" - Twenty-Four (24) Hours/DaySeven (7) Days/Week, may enter their specific questions and/or concerns in their own words, attach all related screen I report images for further clarification, select priority I maximum response times of IMMEDIATE, 2, 4 or 8 working hours and receive automatic e-mail updates triggered by every support call action.

1. APS provides retrieval I displays CIC's resolution documentation for a date range within the same "Task Code" to our staff, providing immediate resolution for a high percentage of your support calls along with excellent cross training to prevent related calls in the future.

2. Our APS "Quick Reference" also provides Customers instant access to our most current Web Based Documentation for your specific "Task Code", saving you valuable time normally spent looking for your current copy ofCIC's manual or the applicable section, page anti paragraph.

3. APS enables our Customers to confirm CIC's open support call status (Internet & Telephone), reassignment, escalation and projected resolution date I time plus provide an opportunity for our Customers to add additional information to their original open call(s) at any time.

4. When requested, APS displays a list of current "People Wires", which describe CIC known problems I issues communicated to our Customers. If a CIC program temporary fix (PTF) is available, our FTP location and automatic downloading instructions will be provided. Otherwise, CIC's recommended "temporary work around" with instructions can be viewed and printed, along with our current estimated PTF availability.

Page2 of9

5. Finally, using APS, Customers are provided the ability to access their Support Issues, along with all associated Actions and Resolutions, that have been closed within the past year by "Keyword", Date Range and/or Reference Number.

Toll Free Access- CIC will continue to provide Customer with toll free telephone access plus CIC's assistance in entering Customer's questions I concerns and requested maximum response time of2, 4 or 8 working hours into CIC's Annual PEOPLEW ARE System.

Support- In summary, CIC will provide the computer hardware, operating and application systems, communication networks and/or other related support necessary to assure Customer's optimum utilization of existing I future functionality regardless of Customer's employee turnover, reassignment and/or future operating or application system releases, enhancements and/or program temporary fixes, by telephone, "DESKTOP Response" and/or "ON-DEMAND Response unless, dependent upon severity, expediency and other pertinent factors, CIC determines to travel to Customer's location.

Training - CIC will also provide the computer hardware, operating and application systems, communication networks and/or other related training necessary to assure Customer's optimum utilization of existing I future functionality regardless of Customer's employee turnover, reassignment and/or future operating or application system releases, enhancements and/or program temporary fixes, at CIC's then current telephone I "DESKTOP Response" I "ON-DEMAND Response" hourly rates or regional workshop I on-site daily rates.

Problem Identification I Vendor Communication - Customer assumes responsibility for identifying probable cause and providing additional information as required, to assist CIC and CIC's vendors in resolving Customer's questions I concerns. CIC assumes exclusive responsibility for communicating and coordinating with all vendors in resolving Customer's questions I concerns.

Products I Services - CIC will maintain the configuration, system I communication schematics, file utilization and staff knowledge necessary to assure the continuing compatibility of any Products I Services purchased from CIC with Customer's existing computer hardware, bperating and application systems, communication networks and/or other related areas of Customer's automation environment.

Site Evaluation - CIC will periodically review and discuss Customer's satisfaction with the Annual PEOPLEWARE and Products I Services provided by CIC and CIC's vendors, the effectiveness of Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment and recommend additional Annual PEOPLEW ARE and/or Products I Services for Customer's consideration.

GENERAL

Delivery - Although CIC may assist Customer in purchasing and coordinating the timely delivery and installation of Products I Services from CIC's vendors, CIC shall not be liable for any damages, penalty for delay in delivery and/or failure to give notice of delay when such delay is due to acts of God, delay in transportation, delay in delivery or any other causes beyond the reasonable control of CIC.

Access - Subject to statutory or Customer determined limitations, Customer agrees to permit CIC's employees access to Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment including access to Customer's Internet connection and a telephone, for purposes of performing CIC's obligations under this Agreement.

Page3 of9

. ' Customer further agrees to make its employees available to CIC at Customer's location to facilitate

effective implementation I utilization of Annual PEOPLEW ARE and/or Products I Services and understands that failure to do so can result in additional CIC effort I time, which may be billable to Customer.

Non-Disclosure - CIC and Customer acknowledge confidential information considered proprietary by one of the parties may be furnished by it to the other party from time to time in the performance of this Agreement. CIC and Customer agree to not discuss, reveal or provide such confidential information except to the extent disclosure is required by law or by an order of a court of competent jurisdiction.

The parties further agree the proprietary nature of CIC's Annual PEOPLEW ARE procedures and ~related documentation are of substantial importance and it shall be Customer's obligation to protect said procedures and related documentation from unauthorized disclosure or use and to destroy all such confidential information upon the expiration or termination of this Agreement.

Additional Expenses -All miscellaneous expenses incurred by CIC, i.e., travel, mileage, lodging and meals incurred after July 31, 2014 are additional and will be invoiced at cost and paid monthly to CIC by Customer upon receipt of invoice, unless otherwise stated herein.

Financial Liability - Each party shall be solely responsible for any liability resulting from that party's negligence.

Ownership - Customer will defend and indemnify CIC against any claim or legal proceedings with regard to Customer's proprietary rights to use all computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment. CIC will defend and indemnify Customer against any claim or legal proceedings with regard to CIC's proprietary rights to provide the Annual PEOPLEW ARE and Products I Services delivered in this Agreement subject to CIC's and CIC's respective vendor software license agreements, which CIC shall provide and Customer agrees to sign.

Warranty and Limitation of Remedy- CIC warrants the Products provided hereunder will perform according to the respective vendor's and CIC's published specifications, that any and all such warranties provided by the manufacturers or original vendors shall be passed on and inure to the benefit of the Customer. CIC further warrants the Annual PEOPLEWARE and Products I Services provided under this Agreement will not prevent the Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment from operating and providing the functionality previously available to Customer. The warranty stated herein shall survive during the entire term of this Agreement.

The aforesaid warranty and CIC's obligation and liabilities thereunder are in lieu of, and Customer hereby waives, all other guarantees and warranties and all obligations and liabilities thereunder, expressed or implied arising by law or otherwise, including without limitation any implied warranty of fitness for a particular purpose or of merchantability, and all obligations and liabilities with respect to loss of use, indirect and consequential damages including but not limited to loss of profits or revenue, loss of use of equipment, costs of substitute equipment, or other down-time costs.

Customer agrees CIC's maximum liability will be limited to the EXHIBIT A- ANNUAL PEOPLEW ARE TOTAL CIC received in the most recent year, minus any funds owed or disbursed for support and enhancements.

Page 4 of9

Non-Employment - Independent of any other obligation under this Agreement, CUSTOMER and CIC agree to not intentionally, whether directly or indirectly, whether as an individual for its own account, for or with any other person, firm, corporation, partnership, joint venture, association, organization, or other entity whatsoever, interview or attempt to employ, contract with or otherwise obtain the services of a current or former employee of the other party without such party's approval, for a period of one (1) year after completion of this Agreement. The interviewing company agrees to inform the employee that notification must be made to their current (or past) employer prior to any offer being extended to the individual. This provision is not intended to restrict the civil rights or liberties of any private individual, but to curtail counter productive human resource depletion of one (1) party for the advantages of the other party while both parties have rights and obligations under this Agreement.

Execution I Term- This Agreement is in full force and effect as of the date of execution, for one (1) year from the day and year first above written and shall be considered renewed annually by CIC's issuance of an invoice for this same EXHIBIT A - ANNUAL PEOPLEW ARE TOTAL or in subsequent years, CIC's revised EXHIBIT A- ANNUAL PEOPLEWARE TOTAL and invoice paid by Customer, within thirty (30) days of each renewal date.

Notwithstanding the foregoing, Customer may terminate this Agreement for cause upon ninety (90) days written notice to CIC and the EXHIBIT A- ANNUAL PEOPLEWARE TOTAL received by CIC in the most recent year, minus any funds owed or disbursed for support and enhancements, prorated through the date of such termination, returned to Customer, providing CIC is given such ninety (90) days to resolve the issues at hand to Customer's satisfaction.

Either party may also terminate this Agreement in writing, at least ninety (90) days prior to each renewal date.

Governing Law - This Agreement constitutes the entire Agreement between the parties, and shall be construed in accordance with the laws of the State ofKansas.

Waiver - The waiver of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default.

Assignment- This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors in interest and not for the benefit of any other person or legal entity.

Although CIC may assign data translation, installation, training, support and enhancement development to its vendors, distributors and/or subcontractors, CIC shall at all times be responsible for their performance.

Entire Agreement - The Agreement and the attachments hereto represent the entire agreement between the parties and shall supersede all existing contracts and/or agreements previously executed between said parties, with respect to the subject matter hereof. All parties have negotiated this Agreement at arms length, and no party shall be deemed as the drafter of the Agreement for purpose of interpreting any potential ambiguities in the Agreement and each provision and Exhibit hereof, may be modified only in writing duly executed by all parties. In the event Customer issues a purchase order or other instrument for the Annual PEOPLEW ARE and/or Products I Services herein specified, it is understood and agreed that such purchase order or other instrument is for the Customer's internal use and purpose only and shall in no way affect any of the terms and conditions of this Agreement.

Page 5 of9

Status- CIC shall be considered an independent contractor, and this Agreement does not constitute or imply that CIC is or will be an employee of Customer.

Insurance- During the term of this Agreement, CIC shall carry and maintain Workmen's Compensation and Employer's Liability Insurance covering its employees in accordance with statutory requirements applicable to the performance of its business.

Subject Headings- The subject headings of the paragraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of its provision.

Severability - In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement shall continue to remain in effect.

Notices- The notices to be given under this Agreement shall be made in writing and shall be sufficient if delivered personally or mailed by First Class United States Mail, postage prepaid, to the other party at the address previously indicated.

The parties hereto have executed this Agreement the day and year first above written.

By: __ ~ _ ___:__U_._~----- By: _______ _ Computer Information Concepts, Inc. The Board of County Commissioners of the

County of Shawnee, Kansas

Page 6 of9

EXHIBIT A Page 1 of2

Annual PEOPLEW ARE Agreement by and between Computer Information Concepts, Inc. (CIC) and The Board of County Commissioners of the County of Shawnee, Kansas, dated February 1, 2017

ANNUAL PEOPLEWARE

$ 0.00 Support- Operating Systems $ .00- Server Farm

"Without an On-Site Full Time Network Technician" $ .00- Personal Computer I Server, Department and/or County File Server(s)

"With an On-Site Full Time Network Technician" $ 750.00- Department I County with Maximum of Six (6) Hardware Devices

"Without an On-Site Full Time Network Technician" $ 1,500.00- Personal Computer I Server or Department File Server

"Without an On-Site Full Time Network Technician" $ 2,500.00- County File Server(s)

"Without an On-Site Full Time Network Technician" CIC trained personnel will promptly respond by telephone, DESKTOP Response and/or ON-DEMAND Response to all connectivity and communication questions, problems, etc. encountered in the use of your hardware, operating systems, local area and wide area networks during operation of the following Application Systems and will inform, recommend and assist you in ordering I pre-testing all future operating system releases, enhancements and/or program temporary fixes from CIC's vendors necessary to maintain your hardware at a level supportable by CIC. On-Site operating system support and installation I configuration of new equipment is additional and will be invoiced in one (1) hour increments at CIC's then current travel & on-site hourly rates plus mileage, lodging and meals at cost and paid monthly to CIC by Customer upon receipt of invoice.

43,365.00 Support- Application Systems

150.00 CIC Custom Programming- Barcode to Personal Property 95.00 CIC Custom Programming- Develop New Custom SQL Server View

Pro-rated August 1, 2017- January 31, 2018 2,230.00 CIC Custom Programming- Receipts, Refunds and Distribution

Interface with TAS 205.00 CIC Custom Report- Tax Administration Solution..:.. End-of-Day

Report 75.00 Custom Programming- Tax Administration Solution- Update

Multiple Parcels 375.00 Custom Programming- Tax Administration Solution- Special

Assessments - Replicate Future Years Principal and Interest Amounts

Page 7 of9

EXHIBIT A Page 2 of2


ANNUAL PEOPLEW ARE (continued)

Support - Application Systems (continued)

1,100.00 Escrow of Tax Administration Solution Source Code'- One (1) Deposit per Year- Annual Lease

1,240.00 INSTANT Sharing I Seat- 25 Seats 37,895.00 Tax Administration Solution- Appraisal, Assessment and Collection

Modules (Real Estate, Personal Property, Oil, Gas, Severed Minerals, State Assessed Utilities, Intangibles, Special Assessments, Neighborhood Revitalization, 16/20M Trucks and Motor Vehicle, Rental Excise, Antique Auto, RV's, Lienholder & QMAS)

16,915.00 Enhancements- Application Systems

45.00 CIC Custom Programming- Barcode to Personal Property 30.00 CIC Custom Programming- Develop New Custom SQL Server View

Pro-rated August 1, 2017 -January 31,2018 570.00 CIC Custom Programming- Receipts, Refunds and Distribution

Interface with TAS 60.00 CIC Custom Report- Tax Administration Solution (TAS) End-of-Day

Report 25.00 Custom Programming- Tax Administration Solution- Update

Multiple Parcels . 105.00 Custom Programming- Tax Administration Solution- Special

Assessments - Replicate Future Years Principal and Interest Amounts

16,080.00 Tax Administration Solution- Appraisal, Assessment and Collection Modules (Real Estate, Personal Property, Oil, Gas, Severed Minerals, State Assessed Utilities, Intangibles, Special Assessments, Neighborhood Revitalization, 16/20M Trucks and Motor Vehicle, Rental Excise, Antique Auto, RV's, Lienholder & QMAS)

___ 0_.0_0_ Annual Peopleware INSTANT Response Support Call Log Credit- Only 68.18%

$60,280.00 ANNUAL PEOPLEW ARE TOTAL

Page 8 of9

"SAMPLE"

EXHIBITB#


PRODUCTS I SERVICES TO BE PROVIDED:

Description

TOTAL RETAIL PRICE TOTAL EXHffiiT PRICE

Oty Retail Discounted

$x,xxx.xx $x,xxx.xx

Miscellaneous Expenses, i.e.; travel, mileage, lodging, meals, etc., at cost, will be paid by Customer upon receipt of a separate CIC invoice.

SCHEDULED DELIVERY:

It is anticipated the Products I Services will be delivered I provided within thirty (30) days after CIC's receipt of this signed exhibit and your Check or Purchase Order.

ACCEPTANCE I PAYMENT TERMS:

To complete the ordering process, please:

1. Mail a signed copy of this Exhibit along with your Check for the Total Exhibit Price to 2843 3Pt Avenue, Greely, Colorado 80631

OR

2. Fax a signed copy of this Exhibit along with your Purchase Order for the Total Exhibit Price to (970) 330-0839. Full Payment will then be due and payable upon delivery of the Products I Services.

Failure to execute within twenty (20) days will render this Exhibit null and void.

By_· ____________________ _

Computer Information Concepts, Inc.

Exhibit Date

Page 9 of9

By: _________ _

Customer

Acceptance Date

Shawnee 1 ~ounty '-' ~ r f; P.arKs+ ~ recreation March 8, 2017

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Director\ Parks + Recreation ~

Transfer of Funds

Purpose: Board of Commissioners approval is requested to transfer $225,000 from the Parks+ Recreation 2017 Operating Budget to the Building Maintenance Budget (397). This request is an initial step to develop and implement the process to address the deferred capital maintenance needs of the department

Justification: On November 28, 2016, Jim Martin, a member of the Parks + Recreation Advisory/ Advocacy Board, presented to the Board of County Commissioners "A Plan to Address Capital Maintenance and Recreation Fund(s) Re-configurations." This plan was previously approved by the Parks+ Recreation Advisory/Advocacy Board on October 25, 2016. This plan was also part of the department's request for Capital Outlay which did not receive funding from the Board of Commissioners on December 12,2016.

A key department strategy has been to develop a dedicated capital improvement program for the department and seek several funding sources to help support it. The tactics suggest that the capital improvement fund to grow and not be used for other purposes, demonstrate the value to users and taxpayers the importance of dedicated capital funding sources and to consistently feed the capital improvement fund via dedicated funding sources.

The department in consultation with Audit-Finance began redefining the process based off of the general recommendations for use of the Special Building Maintenance Fund as suggested by the plan. A key component of the plan stated that the department identify all existing funding and transfer that amount ($225,000) from the 2017 Parks + Recreation Budget to the fund. In December, the Board of Commissioners approved the request to transfer unused funds to this Fund for 2017.

In the plan, to address the limited number of dedicated funding options for addressing ongoing capital maintenance and repairs, the department identified approximately $225,000 as an amount that can be expended from the current approved Operating Budget (2017) that be used for capital maintenance. As recommended by the Audit Finance Director, this amount could be identified

parks.snco.us

'~ :. ~ .· " · . ·~· · ·· • 3137 SE 29th Street • Topeka, KS 66605 • (785) 251-2600

in the department's future budgets as a source to feed the capital improvement fund. These funds would be transferred annually in the month of January.

The department is requesting consideration from the Board to transfer $225,000 from the department's 2017 Operating Budget to the Parks + Recreation Building Maintenance Fund, earmarked for prolonging the life of facilities, equipment and other county assets.

JEK/lrk

Shawnee I C2ounty ' ' ~ r '; P.arKs+ -! recreation March 10, 2017

TO:

FROM:

RE:

Board of County Commissioners Shawnee County ~

John E. Knight, Direc~r I)! Parks + Recreation ~ Project Budget Requests

Purpose: Board of Commissioners approval is requested for creation of the following preliminary and/or final budget requests, totaling $287,059.90, and permission to solicit Request for Proposals or Request for Qualifications as noted. The Individual Management Plan (IMP) Committee considered and thoroughly evaluated each request for compliance to department design standards, availability of funding and long-term goals of the department on February 23. The funding for each project is listed on the proposal. All project budgets will adhere to the Shawnee County purchasing policy. Upon receipt of the proposals/qualifications, the preliminary project budgets may be adjusted and submitted to Audit-Finance as a final Project Budget.

Justification: In reference to Chapter 7 of the Commission for Accreditation of Park and Recreation Agencies (CAPRA), the IMP Committee proposes having physical resource planning and management plans as a requirement. Operations of parks and facilities with respect to each Facility and Land Use Management Plan (PLUMP) are essential to ensure quality and financial sustainability. As noted below each request addresses specific outcomes related to each proposal and will be included in future IMPs being developed for each respective park. As these management plans are implemented, the proposals and policy supporting such will be refined and improved. A brief summary of each proposal is as follows.

Blaisdell Family Aquatic Center Family Slide Repair: This project addresses the need to install a stainless steel tub on the family slide to reduce a significant safety risk due to cracks and . weak areas currently on the slide. It will also extend the life of the slide until a complete Blaisdell Family Aquatic Center remodel can be planned in accordance with the Gage Park Master Plan and Capital Improvement Project schedule. Funding for this project has been identified from the Capital Maintenance (3R) Fund.

GIS Aerial Updates: This project is to hire a professional service provider to capture aerial photographs of West Lawn Memorial Gardens and Family Park for use with the Cartegraph OMS System. The high quality aerials will assist the department and GIS division of the Appraiser's office to more accurately track assets and locations. This project will provide the

parks.snco.us

;::;.~ ·.;,~._ ., ··•·n':' -~~•····' •· :-: ·: ·, .' •3137SE29thStreet•Topeka,KS 66605·(785)251-2600

department data as to technological advances using drones for clear and concise aerials. Funding for this project has been identified from the 2017 Parks + Recreation (P+R) operating budget and the West Lawn Cemetery Fund.

Lake Shawnee Arboretum Trail: This project is to overlay 2100' of the loop trail around the arboretum. The project will be implemented in three (3) phases, with the first phase beginning in 2017. Funding for this project has been identified from the Capital Maintenance (3R) Fund and Shawnee County Parks and Recreation Foundation.

Recreation Management System RFP: This project is to solicit proposals to implement a new management system to replace the department's RAL software with one that is current and better fits the needs of the department both now and in the future. Funding for this project has been identified from the Capital Maintenance (3R) Fund. Future maintenance costs will be allocated in the department's operating budget. Project budget is preliminary until such time receipt of the proposals has been received. The Preliminary project budget may be adjusted and submitted to Audit-Finance as a final Project Budget.

Shawnee North Community Park Soccer Field: This project addresses a safety need on the Shawnee North Community Park soccer field surface by applying a level top-dressing to improve the playability and continue to contribute to the youth sports experience. Funding for this project has been identified from the Capital Maintenance (3R) Fund.

Shunga Glen Park Cleanup: The purpose of this project is to enhance the looks and quality of Shunga Glen Park through trash pickup, equipment painting and honeysuckle removal. Litter control and painting are scheduled to be performed by volunteers creating a sense of pride and ownership in the park. Funding for this project has been identified from the 2017 P+R operating budget and a significant amount of labor costs will e offset by volunteer efforts.

Western Street Fence Project RFP: This project is to solicit proposals to remove and replace a deteriorating chain-link fence with a black steel picket fence at Ward-Meade Park. Funding for this project has been identified from the Capital Maintenance (3R) Fund and the Shawnee County Parks and Recreation Foundation (Friends of Ward Meade). Project budget is preliminary until such time receipt of the proposals has been received. The Preliminary project budget may be adjusted and submitted to Audit-Finance as a final Project Budget.

JEK/lrk TB Attachment( s)

Project Name Blaisdell Pool ----------------------------------- Component ________ A....J.qu_a_ti_cs ______ _

Project Manager David Allacher ----------------------------------- Project#--------------------Location: Gage Park

------------~~~~-------------Description of

Project: Put stainless cap on the family slide.

IMP ____ ~~G~agre_P_a_rk~~-p~ /N.-(:1<. ~( s~ ?-rl (ft.,f) 1'1\M~(' ?~ ....

~~'-~· Preliminary Final X

Time Line: May, 2017 Quadrant -------------------This project budget documents the estimated costs and funding source(s). The project manager or designee

will assume ownership of the budget for the entire project. • .. < ~ ••••• . , ' . ·~ ·'i' . ,ft~- .. ·,,o, .. ·-

Funding Source(s) Estimate Project Cap Maint

Project Work Element Cost Fund (3R)

J'rofes#oltal Servl~;.~ Consultant Services $ - $ - $ - $ - $ -

Architect/Engineer Service Fees $ - $ - $ - $ - $ -Appraisals Fee I Surveys I Test Borings $ - $ - $ - $ - $ -

Specialty Consultants $ - $ - $ - $ - $ -Legal I Administrative Permits Licenses $ - $ - $ - $ - $ -

Scope Development Services $ - $ - $ - $ - $ -Reproductions, Printing $ - $ - $ - $ - $ -

$ - $ - $ - $ - $ -Co~lrllctifln Servlca

Design Plans & Specs $ - $ - $ - $ - $ -Demolition $ - $ - $ - $ - $ -

Construction Services $ - $ - $ - $ - $ -Landscaping $ - $ - $ - $ - $ -

HVAC $ - $ - $ - $ - $ -Labor/Installation Contract $ 4,260.00 $ 4,260.00 $ - $ - $ -

$ - $ - $ - $ - $ -Equlpmait. Furllishliigs trill! Other Building t:;os(s

Materials Cost $ - $ - $ - $ - $ -Building Maint Equipment $ - $ - $ - $ - $ -

Paint Supplies $ - $ - $ - $ - $ -Material installation on Field $ - $ - $ - $ - $ -

Security Systems $ - $ - $ - $ - $ -Telephones & Data $ - $ - $ - $ - $ -

Staging Material $ - $ - $ - $ - $ -Moving Costs $ - $ - $ - $ - $ -

Utility Shut Downs $ - $ - $ - $ - $ -Other Costs $ - $ - $ - $ - $ -

Contingency % $ - $ - $ - $ - $ -~:T~lf"~,w "nr~u:c~-:(~tl ~~';f!(ij~~~~~\',~~\ ii~l&§:~r~~"7:~rr·~ w~~ •c~·;-:""'~~'ft~ ... 'W' ~;,= ~~~·~""' ~,.,JL .... t:aiJ~"""" '))~:;;~~i<» ~~.:4t>f~~t~ ~~~~i" ~~~.~ -~~'"""-' ~~

Prepared By Date: 2/20/2017 Reviewed and

~/c;l3/;7 Approved By Date: Reviewed and ~I

Approved By Date: 3/3/tl Distribution:

Project Name GIS Aerial Updates -------------------~-------------

Component N/A

Project Manager Josh Lehman -----------~~~==~---------- Project#----------------

Location: Family Pat·k, West Lawn Memorial Gardens --~~~~~~~~~==~~~~---

IMP Family Park, West Lawn

Description of Project:

Cartegraph relies heavily on GIS aerials for the mapping features. This project would be for hiring a company to capture new aerial images of Family Park and West Lawn Memorial Gardens. This ..e.ilot

p~ill help the dept to more accurately track assets and locations.

Preliminary Final X -------------------------------------~~~-------~--------Time Line: March, Apri 2017 Quadrant 1 and 3

This project budget documents the estimated costs and funding source(s). The project manager or designee will assume ownership of the budget for the entire project.

,:.,._,r -, .. ,.;..-.,...,.....,... '·-~·"' '"-\_---~:\.-""'1<, ~\I',.O>:-,""""'' .. ''"'-£""'''A>o-..:.lo-'"'·"'-·•*"•'"·'~·,,..~ ·.~ ... ·"'"'~""~ .. Funding Source(s)

Estimate Project AdminOp West Lawn

Project Work Element Cost Budget Cemetery Fund

ProfeasionalSerwces

Aerial Flight, Survey and Processing $ 4,991.00 $ 2,695.14 $ 2,295.86 $ - $ -West Lawn 46%; Family 54% $ - $ - $ - $ - $ -

$ - $ - $ - $ - $ -$ - $ - $ - $ - $ -$ - $ - $ - $ - $ -$ - $ - $ - $ - $ -$ - $ - $ - $ - $ -$ - $ - $ - $ - $ -

Construction Serlllces

Design Plans & Specs $ - $ - $ - $ - $ -Demolition $ - $ - $ - $ - $ -

Construction Services $ - $ - $ - $ - $ -Landscaping $ - $ - $ - $ - $ -

HVAC $ - $ - $ - $ - $ -Labor/Installation Contract $ - $ - $ - $ - $ -

$ - $ - $ - $ - $ -Equipment, Furnisliiilgs oild Other BulltJlng q_osts

Materials Cost $ - $ - $ - $ - $ -Building Maint Equipment $ - $ - $ - $ - $ -

Paint Supplies $ - $ - $ - $ - $ -Material installation on Field $ - $ - $ - $ - $ -

Security Systems $ - $ - $ - $ - $ -Telephones & Data $ - $ - $ - $ - $ -

Staging Material $ - $ - $ - $ - $ -Moving Costs $ - $ - $ - $ - $ -

Utility Shut Downs $ - $ - $ - $ - $ -Other Costs $ - $ - $ - $ - $ -

Contingency 5% $ 249.55 $ 134.76 $ 114.79 $ - $ -~.li!!liif-·--~~,.-,.,-·-·~.,~~fY:\~~·-,~~, .. ~""~-~'ill' ·~,...-~ · .--""~ ~ £&J~t!JU!uVJ-~~J~: ;::!'~.~--¥ ~illll~ ~·~ ... ~-~,..w;.~~··;, """·5'

~ • ~ .... ;,_~=--~ ~'"""""'£\" .. ~ -~·!;>.; ~ " ;\):~ ~~ ~:1' J! ~--~-;r~~-~-"'--~

Prepared By ________ .....,... ____ :.:::..,..,..:fl.::::=.~.....:l=_-(2_,!::;_ Reviewed and ---?l/ ()

Approved By Reviewed and----~'------""----'---:,.,_ _____ ~#--

Approved By __________ --J'--L....,;o~----...,__ ___ _

Date: 2/13/2017 --------~-----

Date: o-4 3/I ( ----~----~·----=-------

,:~;11 Date: ----------------------Distribution:

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

Project Name Lake Shawnee Arboretum --------~~~~~~~~~--------

Sidewalks/Trails Project Manager Dave Ba1tels

------------~~~~~------------Location: Phase I - Trail Install

----------~~~~~~~----------Description of

Project:

Preliminary Final X ----------------------------------------------------------------------Time Line: Spring, 2017 Quadrant 4 ----------------~~~----------------- ---------------------


Estimate Project Cost

Prepared By John Boyd Reviewed and _________ Q ______ L _____ fu6 __ ...._t------------

Approved By /y?---.. = j Reviewed and ______ __.""""" ____ ........ :;....___......::;...,....""':""'t-+--------

Approved By ------------------~~~-----------

Distribution: ----------------------------------

Date: 2/17/2017

Date:===~=:L:d):'3::z==7==== Date: ~/., ),.,

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

Project Name ____ R_e_c_re_a_ti_o;...n_M_a_n-'ag~e;...m.;..;e_n_t ;:..Sy~s..;..te __ m.;...____ Component ____ T_ec_hn_ol_o:::.gy~---Project Manager ________ Jo_s_h_L_eh~m.:.;.a_n_______ Project# __________ _

Location: Depattment Wide IMP Business/ Admin r-------~-~~----------------~-----------,

Description o Project:

The department is in the process of going out to RFP for a recrea&n mgmt software to replace RAL. This system would include registrations, reservations, campground, point-of-sale, and more. The RFP

and scope of services detail the required and desired features.

Preliminary _______ ~C!C>-~--"5_Jr~t_ ...... _rt_:__C._-_ ... _·...:.:·H_c._c... __ F_in..;..al _________ _ Time Line: March- November, 2017

-----------~---~~----------Quadrant _______ l...:..,2....:.,3-=';...4 _____ _


Estimate Cost

Prepared By JoshLehman ::JL ~V Approved By_1~/d=.---=:;"" -----.:...(-+-~-It--Reviewed and

Reviewed and f'< (_ ~~

Approved By ________ -+-f------Distribution: ----------------------------

Date: 2/2/2017

Date:--d-~_.;._~=--1-~-..l-7------~--~~~---------

Date: __ "3_..../r.__t_....~~/7....:...-__

Project Name Shawnee North Soccer Fields ------------------~---------------

Component ___ S~p~;;..:o:.:.rt:.:.s.....:C:....:o:.:.u.:...:rt:.:.r.:...:es;,..u_rfi_ac_i_ng~-Project Manager Kevin Stoner

------------------~---------------Project # ---------------------Location: Shawnee North Community Park

------------------------~---------IMP ____ ~Sh.:...:a:.:.w:.:.n:.:.ee:.:.N~ort:.:.h;,..P_a_r_k __ __

Description of "Pf"1 '"'"" .,..Eft...-k :(,'f-e.)- Sv'"'J 't 7. Project: Top dressing and filling in low spots on soccer field with I 00 tons of 50/50 topsoil and sand mix.

Material will be moved onto field and smoothed out. Aerate before and seed after for best results.

Preliminary Final X Time Line: March- Weather Permitting Quadrant 2


Prepared By Date: 2/14/2017 Reviewed and CJ.b;)/7 Approved By Date: Reviewed and I I Approved By Date: 3/3/t?

I

Distribution:

Project Name Shunga Glen Cleanup Project Component N/ A Project Manager John Boyd Project# __________ _

Location: Shunga Glen East 24th and Buchanan IMP Shunga Glen Park

Description of fi../..-.. ~ c'""'l .... clc. p ... r!4 -rc. .. h Project: Volunteer trash cleanup and play equipment painting. Honey suckle removal around perimeter of park

with volunteers and rental equipment.

Preliminary Final X

Time Line: February, March and April, 2017 Quadrant 4


Estimate Project Cost

Prepared By Date: 2/13/201? Reviewed and -2/?.3Z7 Approved By Date: Reviewed and I Approved By Date: 3/3/t7 • Distribution:

Project Name ______ W.;__e..;..st_er..;..·n;....;S:....:.tr:..;;e..:..et:..;;F;....;e.;;.:n..:..ce;..______ Component ___ G_u_a_rd_ra_i_li_Sa_fi_ety.::...... __ Project Manager ________ J_o_hn_B...;.el::.l_______ Project# ___ ...;..._ ______ _

Location: Old Prairie Town/Ward-Meade Gardens IMP Old Prairie Town r---------;.._ __ ;.._ ____ ;.._.;__ _______________________ ~ Description of

Project: Replace existing chainlink fence that is located on the east and southeast end of the Ward-Meade

Botanical Garden and replace with a 6' tall, black steel picket fence to match the existing black steel picket fence located in other areas of the property.

Preliminary X Final -------------------------------------------------------------Time Line: by June 15th Quadrant 2


Prepared By Date: 2/20/2017 Reviewed and

~b.J j, 7 Approved By Date: Reviewed and ~ I

Approved By Date: 3/S/1? • Distribution: ~f,.~J VJnl\ .:IM.f>

Shawnee 1 ~ounty "-' , r f "'. P.arKs+ '!. recreation

March 16, 2017

TO:

FROM:


John E. Knight, Director Parks + Recreation

£ 3

RE: Request for Priced Proposal - Cart Paths Cypress Ridge Holes 1 0-18

Purpose: Board of Commissioners approval is requested to allow the Department to solicit Requests for Priced Proposals (RFPPs) from qualified local construction firms for services necessary for the construction of concrete cart paths at the Cypress Ridge Golf Course (holes 10-18).

Justification: Cypress Ridge is in immediate need of this physical upgrade to enhance public participation and revenue growth to our Shawnee County P+R operated facilities. As part of the overall, planned improvements to the Cypress Ridge Golf Course, the completion of all-weather cart paths on the back nine will provide for: (1) a general reduction in maintenance hours, (2) reduction of maintenance costs associated with turf damage from golf cart traffic during wet weather conditions, (3) improvement of the overall course condition which will allow the entire course to be utilized at all times, and ( 4) an increase in revenues through additional golf fees and golf cart rentals. The placement of all-weather cart access paths will provide for improved playing conditions as expected by the patrons that support the county owned and operated courses.

Department staff conducted a Public Engagement meeting at the Cypress Ridge Golf Course on January 31, 2017 and in addition, presented the project to the Shawnee County Parks + Recreation Advisory/Advocacy Board on February 28, 2017 who recommends that the project move forward.

The RFPP process with selection of a qualified construction firm would begin construction in June of 2107. Funds for this project will come from the Parks & Recreation Building Maintenance Fund with long term repayment from the Golf Course Revenue Revolving Fund through a dedicated increase to user fees, long-term lease agreement and participation of the independent course management contractor.

JEK/lk

parks.snco.us

Shawnee 1 ~ounty "-', , f; P.arKs+ ~ recreation March 13, 2017

TO:

FROM:


John E. Knight, Director~ Parks + Recreation

RE: Approval to Negotiate Contract- Spillway Improvements #006-17 Asset Management

Purpose: Board of County Commissioners consideration is requested for the approval to negotiate a revised scope of work with Emcon, Inc. regarding the Lake Shawnee Spillway Improvement Project. Emcon, Inc. was the apparent low bidder on the project; however, their bid was substantially above the estimated cost.

Justification: Due to the nature of the work, the time of the year and the function of the spillway time and weather factors limit our ability to re-bid the project.

Initial discussions pursuant to the bid opening with Emcon Inc., the apparent low bidder, regarding negotiating a revised scope of work have been promising. Shawnee County Parks + Recreation (SCP+R), Emcon Inc. and Professional Engineering Consultants (PEC) are all confident that if we work collaboratively on a revised scope of work we can develop a design that meets the budget and meets the needs of the spillway to achieve the necessary project outcomes.

As a brief refresher the following is a time line of the project to date:

On April 27, 2015, Commissioners approved a contract with PEC for design services. PEC provided design documents, obtained the appropriate State of Kansas permits and developed a project budget of $178,000 - $202,000. The range reflects whether an alternate to the base bid is selected or not. The project went out to bid late August 2016.

Initial bid opening was on September 21, 2016. Two bids were received, both of which were over the estimated project budget. Following this PEC contacted the apparent low bidder and discussed with them their quote and what revisions to the scope of the work could take place that would create the possibility of a quote that fits PEC engineer's estimate of the project budget.

On November 28, 2016, the Board of County Commissioners approved a request to reject the bids and authorized Parks + Recreation to re-bid with a revised scope. PEC made the necessary

parks.snco.us

~ , , ."

0

• • 0 ' < 0. • ' ·.·.,

0

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

changes to the plans that might get us to a workable project budget, obtained State of Kansas approval for the changes and the project went back out to bid.

The second bid opening was on February 6, 2017. SCP+R received two (2) bids and again both were significantly over the engineers' estimate of the project budget.

This gets us to the present and seeking approval to negotiate a revised scope of work with the low bidder Emcon, Inc. The approval would allow the department to move forward on this project in an expedited way of having the work done prior to the lake levels coming back up and water going out the spillway.

JEK/lrk TB

TABULATION OF BIDS FEB 6 2011 \:.'\4 2:Qi\')

DEPARTMENT Parks & Recreation QUOTATION NUMBER 006-17 Shawnee Lake Spillway Date 02/06/17

PEOPLE PRESENT Michele Hanshaw. Cassy Duer

NAMES OF BIDDERS BASE BID ALTERNATE1 TOTAL BID Bid Bond

CRIQUI CONSTRUCTION 3Lo-=t,aoo.oo ~

EM CON 242 1~.33