Public Safety

City of Overland Park Public Safety

Wednesday, June 10, 2020 7:00 PM

Remote Meeting (see below) . View a live stream of this meeting at opkansas.civicweb.net Please silence cell phones while the meeting is in progress.

Chair Paul Lyons Vice Chair Holly Grummert

Thomas Carignan Stacie Gram Scott Hamblin John H. Thompson

In order to comply with the Guidance from Governor and Johnson County Public Health Officer to prevent the spread of COVID-19 this meeting will be conducted using an online virtual meeting tool. Members of the Committee will not be present but will participate remotely using the virtual meeting tool.

The meeting will be open to the public via the online virtual meeting tool by viewing online or listening by phone. Instructions or using the online virtual meeting tool are below.The meeting may also be viewed at opkansas.civicweb.net by selecting “Watch Live.”

Due to limitations on attendance at the meeting to prevent the spread of COVID-19, no public hearings will be held at this meeting.

CALL TO ORDER INSTRUCTIONS FOR USING THE ONLINE VIRTUAL MEETING TOOL

To view and listen to the electronic meeting online using a device connected to the Internet: • Click on the following link: https://opkansas.zoom.us/j/91069884406 • You may be required to download the Zoom app to your device. (Downloading Zoom is free of charge.) • You may also be asked to enter your name and your email address.

To listen to the meeting by phone use one of the following phone numbers • Phone 1-408-638-0968 or Phone 1-669-900-6833 • When prompted, enter the following meeting number: 91069884406 and Password: 540029

INFORMATION ITEMS

1. Fallen Officer Michael Mosher Remembrance

Presenters: Chair Paul Lyons; Police Chief Frank Donchez

2. Mental Health Task Force Update

Presenters: Councilmember Chris Newlin

Page 1 of 61 3. Update on Fee Rate Increases for Johnson County Med-Act

Presenters: Fire Chief Bryan Dehner

ACTION ITEMS

4. Approval of Minutes - May 13, 2020

Presenters: Paul Lyons, Chair.

5. Review of the proposed 2021 Public Safety operating budget and the 2021-2025 Capital Improvements (CIP) and Maintenance (MIP) programs • Fire Department • Police Department

Presenters: Gena McDonald, Asst. CFO: Fire Chief Bryan Dehner; Police Chief Frank Donchez ● Committee Staff Report - Html

6. Agreement - St. Thomas Aquinas High School - for the provision of school resource officers for the 2020-2021 and 2021-2022 school years

Presenters: Police Major Eric Houston; Police Major Keith Jenkins; Public Safety Legal Advisor Eric Blevins ● Committee Staff Report - Html ● SRO Agreement St Thomas Aquinas

7. Agreement - Blue Valley Unified School District No. 229 - for the provision of school resource officers for the 2020-2021 and 2021-2022 school years

Presenters: Police Major Eric Houston; Police Major Keith Jenkins; Public Safety Legal Advisor Eric Blevins ● Committee Staff Report - Html ● SRO Agreement Blue Valley USD

8. Agreement - Shawnee Mission Unified School District No. 512 - for the provision of school resource officers for the 2020-2021 and 2021-2022 school years

Presenters: Police Major Eric Houston; Police Major Keith Jenkins; Public Safety Legal Advisor Eric Blevins ● Committee Staff Report - Html ● SRO Agreement Shawnee Mission USD

9. Agreement - Unified School District No. 229 - for the purchase of real property by the City and support of school district fire science education programming

Presenters: Fire Chief Bryan Dehner; Sr. Assistant City Attorney, Trevor Stiles; Sr. Civil Engineer Eric Keenan ● Committee Staff Report - Html ● FS #48 Real Estate Sales Agreement

10. Agreement - Unified School District No. 229 - regarding the use and maintenance of Love Live Avenue for ingress and egress to new Fire Station No. 48

Presenters: Fire Chief Bryan Dehner; Sr. Assistant City Attorney, Trevor Stiles; Sr. Civil Engineer Eric Keenan ● Committee Staff Report - Html ● Cooperative Agreement for Maintenance of Love Live Avenue

Page 2 of 61

DISCUSSION ITEMS

ADJOURNMENT

If you need accommodations for the meeting or the live video stream of the meeting, call 913-895-6155 (Kansas Relay Service 1-800-766-3777). Please give 48 hours' notice.

Page 3 of 61 Page 4 of 61 Agenda Item #5.

STAFF REPORT Public Safety - June 10, 2020

ITEM TITLE: Review of the proposed 2021 Public Safety operating budget and the 2021-2025 Capital Improvements (CIP) and Maintenance (MIP) programs  Fire Department  Police Department

POLICY ISSUE: The Public Safety Committee has policy oversight of programs and services in the Public Safety goal area. A recommendation regarding the 2021 Public Safety Budget, and 2021-2025 Public Safety- related Capital/Maintenance Projects will need to be made to the Committee of the Whole.

STAFF RECOMMENDATION: A proposed budget, capital improvement program and maintenance program was presented to the Committee of the Whole on June 1, 2020.

BACKGROUND: The Committee has policy oversight for the operating budget for the Police and Fire Departments. Operating funding for public safety include General Fund and Special Alcohol Control Fund components.

Additionally, the Public Safety Committee also has policy jurisdiction for review of public safety-related capital improvement and maintenance project in the following capital and maintenance categories: •Public Buildings •Public Equipment

BUDGET IMPACT: The impact of 2021 budget and 2021-2025 CIP/MIP was presented as part of the recommended budget on June 1, 2020.

Page 5 of 61 Page 6 of 61 Agenda Item #6.

STAFF REPORT Public Safety - June 10, 2020

ITEM TITLE: Agreement - St. Thomas Aquinas High School - for the provision of school resource officers for the 2020-2021 and 2021-2022 school years

POLICY ISSUE: Whether the Committee should approve the agreements regarding the full-time assignment of Overland Park police officers to the school districts as school resource officers.

STAFF RECOMMENDATION: Staff recommends approval of the agreements with St. Thomas Aquinas High School for the provision of school resource officers.

BACKGROUND: The School Resource Office (SRO) Program is a long-standing program that has received substantial support from the Council for many years.

If these agreements are approved, the City will continue to assign full-time police officers to middle and high schools in the respective school districts to provide law enforcement services as specified in the agreement. The police officers will work with school personnel in providing enforcement, education, problem-solving resources, and the appropriate response to on-campus or school-related criminal activity. The agreement further provides the Districts will provide partial reimbursement to the City for the time the police officers are assigned to the school during the 2020-2021 and 2021-2022 school years.

BUDGET IMPACT: These positions have been budgeted in the 2020, 2021, and 2022 police department budgets.

ATTACHMENTS: SRO Agreement St Thomas Aquinas

Page 7 of 61 Page 8 of 61 Agenda Item #6.

SCHOOL RESOURCE OFFICER AGREEMENT

This Agreement is entered into this _____ day of ______, 2020, by and between the City of Overland Park, Kansas , located at 8500 Santa Fe Drive, Overland Park, Kansas 66212, a municipal corporation, hereinafter referred to as “ City ”, and Saint Thomas Aquinas High School, Inc. , located at 11411 Pflumm Road, Overland Park, Kansas, hereinafter referred to as “ District.”

For and in consideration of the mutual promises, terms, covenants, and conditions set forth herein, the parties agree as follows:

1. Purpose of Agreement. The purpose of this Agreement is for the City to assign uniformed law enforcement officers (hereinafter referred to as “SROs”), vehicles, radios and all necessary equipment for the School Resource Officer Program. SROs will work with school personnel in providing alcohol and drug education, maintaining a safe campus environment, serving as a law enforcement problem-solving resource, and providing the appropriate response during on-campus or school related criminal activity.

2. Term. The term of this Agreement shall be from the first day of school in August 2020 through the last day of school in May 2022, as designated by the District’s academic calendar, provided that the term may be extended by the District as it deems necessary to satisfy attendance requirements that may have been affected by weather or other factors. During days that schools are not in session, SROs shall perform regular police duties at a duty station as determined by the City’s Chief of Police.

3. Termination. This Agreement may be terminated without cause by either party upon 30 days prior written notice.

4. Relationship of Parties. The City and SROs shall have the status of an independent contractor of the District for purposes of this Agreement. All SROs assigned to the District shall be considered employees of the City, subject to the City’s control and supervision. Assigned SROs will be subject to current procedures in effect for City police officers, including attendance at all mandated training and testing to maintain state law enforcement officer certification. The District agrees to cooperate with the City in any administrative investigation regarding violations of such procedures by SROs assigned to the District. This Agreement is not intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, or formal business association or organization of any kind between the parties, and the rights and obligations of the parties shall be only those expressly set forth in this Agreement. The parties agree that no person supplied by the District to accomplish the goals of this Agreement is a City employee and that no rights under City civil service, retirement, or personnel rules accrue to such person.

4.1 The City will continue to maintain all records concerning the performance of services here listed, including SRO employment records and any reports required by the City’s Standards of Conduct or Standard Operating Procedure.

Page 9 of 61 Agenda Item #6.

5. Consideration. In consideration of the assignment of SROs to District schools as provided herein, the District agrees to pay the City for each hour each SRO works at a District school at the rate of $26.83 per hour. The District will not be responsible for payment of overtime, unless it is requested by the District. SROs’ weekly District schedule will be mutually agreed upon in consultation with the Superintendent or his/her designee. SROs may be asked to attend afternoon or evening events in lieu of regular day duty. Each party will maintain a budget for expenditures under this Agreement. Payment from the District to the City will be made monthly or quarterly, at the discretion of the City.

6. SRO Responsibilities. SROs assigned to the District shall:

6.1 Provide a program of law and education-related issues to the school community, including parents, on such topics as: tobacco, alcohol and drug issues, violence diffusion, violence prevention, and other safety issues in the school community.

6.2 Act as a communication liaison with law enforcement agencies, providing basic information concerning students on campuses served by the SRO. SROs also will share information with an administrator about persons and conditions that pertain to campus safety concerns.

6.3 Provide informational in-services and be a general resource for District staff on issues related to alcohol, drugs, violence prevention, gangs, safety, and security.

6.4 Gather information regarding potential emerging issues such as criminal activity, gang activity and student unrest, as well as attempt to identify particular individuals who may be a disruptive influence to the school and/or students.

6.5 Take the appropriate steps consistent with a Kansas law enforcement officer’s duties when a crime occurs.

6.6 Present educational programs to students and school staff on topics agreed upon by both parties.

6.7 Refer students and/or their families to the appropriate agencies for assistance when a need is determined.

6.8 Notify the building principal as soon as practicable of any significant enforcement event or public safety threat, including advising the building principal prior to taking legal action, subject to the SRO’s duties under the law (unless, in the SRO’s professional opinion, circumstances prevent prior notice).

Page 10 of 61 Agenda Item #6.

school discipline and will not request the SROs assistance in such matters. SROs shall not be involved with the enforcement of school rules or disciplinary infractions that are not violations of law.

SROs are not to be used for regularly assigned lunchroom duties, as a regular hall monitor, bus duties or other monitoring duties. If there is an unusual/temporary problem in one of these areas, SROs may assist District employees until the problem is solved.

Provided further that nothing required herein is intended to nor will it constitute a relationship or duty for the assigned SROs or the City beyond the general duties that exist for law enforcement officers within the State.

6.10 Maintain the confidentiality of student records, as outlined in paragraph 11 below.

7. Year-End Report. The City will provide the District a year-end summary report documenting SRO activities, including but not limited to the number of: student contacts, parent contacts, classroom presentations, and school functions attended, to the District’s superintendent. SROs also will be responsible for the preparation and submission of police department reports and documents which will be maintained and disseminated by the police department Records Unit.

8. Time and Place of Performance. The City will make all reasonable efforts to have an SRO available for duty at his or her assigned school each day that school is in session during the regular school year. The City is not required to furnish a substitute SRO on days when the regular SRO is absent due to illness or police department requirements. SROs shall be and remain full-time uniformed law enforcement officers of and for the City, shall remain duly licensed and qualified to carry/use firearms and operate patrol cars, and shall otherwise be able to meet the physical demands of the services described herein. Notwithstanding anything herein to the contrary, in the event an officer should, for any reason, fail to remain so qualified, the City shall provide a substitute SRO to perform the services until such time as the unqualified SRO is able to resume his or her regular duties. SROs’ activities will be restricted to their assigned school grounds except for:

8.1 Follow-up home visits when needed as a result of school related student problems.

8.2 School related off-campus activities when SRO participation is requested by the principal and approved by the City.

8.3 Responding to off-campus, but school related, criminal activity.

8.4 Responding to emergency police activities.

9. District Responsibilities. 3

Page 11 of 61 Agenda Item #6.

9.1 The District will provide each SRO an on-site office and such supplies and equipment as are necessary at his or her assigned school. This equipment shall include a telephone, filing space capable of being secured, and access to a computer.

9.2 The District will report crimes to law enforcement in accordance with the District’s policy. The City will be the primary investigative agency of such crimes that are reported to them by the District.

10. Search and Seizure; Interrogations.

10.1 Any searches of students and any searches and/or seizures of property conducted by SROs for law enforcement purposes shall be limited to and performed in accordance the District’s policies, so long as those policies do not conflict with OPPD Standard Operating Procedure 2260, attached herein.

10.2 Any interviews of students conducted by SROs for law enforcement purposes shall be limited to and performed in accordance with the District’s policy, so long as the policy does not conflict with OPPD Standard Operating Procedure 2260, attached herein.

11. Student Records. The release of student records is governed by Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) (“FERPA”). For purposes of access to student records, SROs are considered a “school official” and may be provided students’ personally identifiable information (“PII”) on an as-needed basis to carry out SRO duties for legitimate educational purposes. In addition, SROs may only use PII for the purpose for which the disclosure was made and to promote school safety and the physical security of students.

SROs, acting as school officials, may request student records from a District administrator for legitimate educational purposes. SROs may not disclose PII obtained from student records, without prior written consent, to others, including other officers who are not acting in the capacity as school officials, unless the disclosure fits within one of the exceptions to consent in FERPA.

12. Indemnity. Indemnification for both parties will be governed by the Kansas Tort Claims Act.

13. Miscellaneous.

13.1 This Agreement is subject to the terms of Form DA146a (Rev. 07/19), which is attached to and made part of this Agreement as though fully set forth in this Agreement.

13.2 Neither the City nor the District may assign this Agreement without the prior written approval of both parties. 4

Page 12 of 61 Agenda Item #6.

13.3 Nothing in this Agreement shall be construed as a limitation on the powers, rights, authority, duty and responsibilities conferred upon either Party under Kansas law.

13.4 In the event any provision of this Agreement is held by a court to be illegal, void, or otherwise unenforceable, all other provisions of this Agreement shall continue in full force and effect to the maximum extent permitted by law.

13.5 The failure of either party to enforce one or more provisions of this Agreement with respect to any particular breach shall not be deemed or construed to constitute a waiver of any other breach of this Agreement.

13.6 This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter contained herein and supersedes all prior agreements concerning the same subject matter, whether written or oral. This Agreement may be modified only by a writing signed by both parties.

13.7 The parties may execute this Agreement in counterparts. The parties represent and warrant that each respective signatory is fully authorized to enter into and to execute this Agreement on behalf of the named party.

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Page 13 of 61 Agenda Item #6.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written.

SAINT THOMAS AQUINAS HIGH SCHOOL, INC.

By: ______President, Board of Education

Attested by: ______Clerk, Board of Education

Approved as to Form: ______Board Attorney

CITY OF OVERLAND PARK, KANSAS

By: ______Carl Gerlach, Mayor

Attested by: ______Elizabeth Kelley, City Clerk

Approved as to Form: ______Eric R. Blevins, Asst. City Attorney II

Page 14 of 61 Agenda Item #6.

Page 15 of 61 Agenda Item #6.

Page 16 of 61 Agenda Item #7.

STAFF REPORT Public Safety - June 10, 2020

ITEM TITLE: Agreement - Blue Valley Unified School District No. 229 - for the provision of school resource officers for the 2020-2021 and 2021-2022 school years

POLICY ISSUE: Whether the Committee should approve the agreements regarding the full-time assignment of Overland Park police officers to the school districts as school resource officers.

STAFF RECOMMENDATION: Staff recommends approval of the agreements with the Blue Valley School District No. 229 for the provision of school resource officers.

BACKGROUND: The School Resource Office (SRO) Program is a long-standing program that has received substantial support from the Council for many years.

BUDGET IMPACT: These positions have been budgeted in the 2020, 2021, and 2022 police department budgets.

ATTACHMENTS: SRO Agreement Blue Valley USD

Page 17 of 61 Page 18 of 61 Agenda Item #7.

SCHOOL RESOURCE OFFICER AGREEMENT BETWEEN THE CITY OF OVERLAND PARK AND THE BLUE VALLEY UNIFIED SCHOOL DISTRICT 229

This Agreement is entered into this _____ day of April, 2020, by and between the City of Overland Park, Kansas, located at 8500 Santa Fe Drive, Overland Park, Kansas 66212, a municipal corporation, hereinafter referred to as “City”, and the Blue Valley USD 229, located at 15020 Metcalf Ave. Overland Park, Kansas 66223, a political subdivision of the State of Kansas, hereinafter referred to as “District”.

For and in consideration of the mutual promises, terms, covenants, and conditions set forth herein, the parties agree as follows:

3. Termination. This Agreement may be terminated without cause by either party upon 30 days prior written notice.

Page 19 of 61 Agenda Item #7.

6. SRO Responsibilities. SROs assigned to the District shall:

6.2 Act as a communication liaison with law enforcement agencies, providing basic information concerning students on campuses served by the SRO. SROs also will share information with an administrator or a District police officer about persons and conditions that pertain to campus safety concerns.

6.3 Provide informational in-services and be a general resource for District staff on issues related to alcohol, drugs, violence prevention, gangs, safety, and security.

6.5 Take the appropriate steps consistent with a Kansas law enforcement officer’s duties when a crime occurs.

6.6 Present educational programs to students and school staff on topics agreed upon by both parties.

6.7 Refer students and/or their families to the appropriate agencies for assistance when a need is determined.

Page 20 of 61 Agenda Item #7.

6.9 Refer violations of the District’s discipline code to District administration. SROs shall not act as school disciplinarians, nor make recommendations regarding school discipline. District administrators are solely responsible for school discipline and will not request the SROs assistance in such matters. SROs shall not be involved with the enforcement of school rules or disciplinary infractions that are not violations of law.

6.10 Maintain the confidentiality of student records, as outlined in paragraph 11 below.

Page 21 of 61 Agenda Item #7.

8.1 Follow-up home visits when needed as a result of school related student problems.

8.2 School related off-campus activities when SRO participation is requested by the principal and approved by the City.

8.3 Responding to off-campus, but school related, criminal activity.

8.4 Responding to emergency police activities.

9. District Responsibilities.

9.2 The District will report crimes to law enforcement in accordance with the District’s board policies 3514 and 6900. The City will be the primary investigative agency of such crimes that are reported to them by the District.

10. Search and Seizure; Interrogations.

10.1 Any searches of students and any searches and/or seizures of property conducted by SROs for law enforcement purposes shall be performed in accordance with OPPD Standard Operating Procedure 2260.

10.2 Any interviews of students conducted by SROs for law enforcement purposes shall be limited to and performed in accordance with the District’s school board policy 3505, so long as the policy does not conflict with OPPD Standard Operating Procedure 2260.

Page 22 of 61 Agenda Item #7.

12. Indemnity. Indemnification for both parties will be governed by the Kansas Tort Claims Act.

13. Miscellaneous.

13.1 This Agreement is subject to the terms of Form DA146a (Rev. 07/19), which is attached to and made part of this Agreement as though fully set forth in this Agreement.

13.2 Neither the City nor the District may assign this Agreement without the prior written approval of both parties.

13.3 Nothing in this Agreement shall be construed as a limitation on the powers, rights, authority, duty and responsibilities conferred upon either Party under Kansas law.

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Page 23 of 61 Agenda Item #7.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written.

Blue Valley USD 229

By: ______President, Board of Education

Attested by: ______Clerk, Board of Education

Approved as to Form: ______, General Counsel

CITY OF OVERLAND PARK, KANSAS

By: ______Carl Gerlach, Mayor

Attested by: ______Elizabeth Kelley, City Clerk

Approved as to Form: ______Eric R. Blevins, Asst. City Attorney, Sr.

Page 24 of 61 Agenda Item #7.

Page 25 of 61 Agenda Item #7.

Page 26 of 61 Agenda Item #8.

STAFF REPORT Public Safety - June 10, 2020

ITEM TITLE: Agreement - Shawnee Mission Unified School District No. 512 - for the provision of school resource officers for the 2020-2021 and 2021-2022 school years

POLICY ISSUE: Whether the Committee should approve the agreements regarding the full-time assignment of Overland Park police officers to the school districts as school resource officers.

STAFF RECOMMENDATION: Staff recommends approval of the agreements with the Shawnee Mission Unified School District No. 512 for the provision of school resource officers.

BACKGROUND: The School Resource Office (SRO) Program is a long-standing program that has received substantial support from the Council for many years.

BUDGET IMPACT: These positions have been budgeted in the 2020, 2021, and 2022 police department budgets.

ATTACHMENTS: SRO Agreement Shawnee Mission USD

Page 27 of 61 Page 28 of 61 Agenda Item #8.

SCHOOL RESOURCE OFFICER AGREEMENT

This Agreement is entered into this _____ day of April, 2020, by and between the City of Overland Park, Kansas, located at 8500 Santa Fe Drive, Overland Park, Kansas 66212, a municipal corporation, hereinafter referred to as “City”, and the Shawnee Mission Unified School District No. 512, located at 8200 W. 71st Street, Shawnee Mission, Kansas 66204, a political subdivision of the State of Kansas, hereinafter referred to as “District”.

For and in consideration of the mutual promises, terms, covenants, and conditions set forth herein, the parties agree as follows:

3. Termination. This Agreement may be terminated without cause by either party upon 30 days prior written notice.

Page 29 of 61 Agenda Item #8.

6. SRO Responsibilities. SROs assigned to the District shall:

6.2 Act as a communication liaison with law enforcement agencies, providing basic information concerning students on campuses served by the SRO. SROs also will share information with an administrator or a District police officer about persons and conditions that pertain to campus safety concerns.

6.3 Provide informational in-services and be a general resource for District staff on issues related to alcohol, drugs, violence prevention, gangs, safety, and security.

6.5 Take the appropriate steps consistent with a Kansas law enforcement officer’s duties when a crime occurs.

6.6 Present educational programs to students and school staff on topics agreed upon by both parties.

6.7 Refer students and/or their families to the appropriate agencies for assistance when a need is determined.

Page 30 of 61 Agenda Item #8.

6.10 Maintain the confidentiality of student records, as outlined in paragraph 11 below.

Page 31 of 61 Agenda Item #8.

8.1 Follow-up home visits when needed as a result of school related student problems.

8.2 School related off-campus activities when SRO participation is requested by the principal and approved by the City.

8.3 Responding to off-campus, but school related, criminal activity.

8.4 Responding to emergency police activities.

9. District Responsibilities.

9.2 The District will report crimes to law enforcement in accordance with the District’s board policy JDDB. The City will be the primary investigative agency of such crimes that are reported to them by the District.

10. Search and Seizure; Interrogations.

10.1 Any searches of students and any searches and/or seizures of property conducted by SROs for law enforcement purposes shall be limited to and performed in accordance the District’s school board policies JCABB and JCAB, so long as those policies do not conflict with OPPD Standard Operating Procedure 2260, attached herein.

10.2 Any interviews of students conducted by SROs for law enforcement purposes shall be limited to and performed in accordance with the District’s school board policy JCAC, so long as the policy does not conflict with OPPD Standard Operating Procedure 2260, attached herein.

Page 32 of 61 Agenda Item #8.

other officers who are not acting in the capacity as school officials, unless the disclosure fits within one of the exceptions to consent in FERPA.

12. Indemnity. Indemnification for both parties will be governed by the Kansas Tort Claims Act.

13. Miscellaneous.

13.1 This Agreement is subject to the terms of Form DA146a (Rev. 07/19), which is attached to and made part of this Agreement as though fully set forth in this Agreement.

13.2 Neither the City nor the District may assign this Agreement without the prior written approval of both parties.

13.3 Nothing in this Agreement shall be construed as a limitation on the powers, rights, authority, duty and responsibilities conferred upon either Party under Kansas law.

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Page 33 of 61 Agenda Item #8.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written.

SHAWNEE MISSION UNIFIED SCHOOL DISTRICT NO. 512

By: ______President, Board of Education

Attested by: ______Clerk, Board of Education

Approved as to Form: ______Rachel England, General Counsel

CITY OF OVERLAND PARK, KANSAS

By: ______Carl Gerlach, Mayor

Attested by: ______Elizabeth Kelley, City Clerk

Approved as to Form: ______Eric R. Blevins, Asst. City Attorney II

Page 34 of 61 Agenda Item #8.

Page 35 of 61 Agenda Item #8.

Page 36 of 61 Agenda Item #9.

STAFF REPORT Public Safety - June 10, 2020

ITEM TITLE: Agreement - Unified School District No. 229 - for the purchase of real property by the City and support of school district fire science education programming

POLICY ISSUE: Fire Protection services and Emergency Medical and Rescue services fall under the purview of the Public Safety Committee.

STAFF RECOMMENDATION: Staff recommends approval of the Agreement.

BACKGROUND: This is the agreement between the City and Unified School District #229 that provides land for the construction of Fire Station #48. This committee has been briefed on the CIP project, the community site location discussions surrounding the Special Use Permit (SUP) application and the unanimous approval of the Planning Commission. Construction is slated to begin within the 3rd quarter of 2020.

This community investment not only provides fire & EMS protection to the area, but will also help attract and retain occupational athletes to the fire service for generations to come.

BUDGET IMPACT: The Consideration of the purchase of property are the promises, obligations and duties to support the School District’s Fire Science Educational Programming. Including the program design, use of City facilities & equipment for a period of fifteen years for the School District’s Fire Science Educational Programming.

ATTACHMENTS: FS #48 Real Estate Sales Agreement

Page 37 of 61 Page 38 of 61 Agenda Item #9.

AGREEMENT

THIS AGREEMENT is made this day of , 2020 (“the Effective Date”), by and between Unified School District No. 229, Johnson County, State of Kansas (“District”), and the City of Overland Park, Kansas, a municipal corporation organized and existing under the laws of the State of Kansas (“City”).

WITNESSETH:

WHEREAS, District is the owner of certain real property in Overland Park, Johnson County, Kansas, generally located southwest of the intersection of W. 175th St. and Love Live Ave., in Overland Park, Kansas, legally described in Exhibit A, attached hereto and incorporated by reference as if fully set forth herein (“the Property”); and WHEREAS, District is willing to sell and City is willing to purchase the Property, and by this written Agreement the parties desire and intend to set forth the terms and conditions of their agreement in writing. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Approval. This Agreement is subject to the express and official approval of the respective governing bodies of both the City and District. In the event either the City or the District’s governing bodies do not expressly and officially approve this Agreement by July 21, 2020 (“the Approval Date”), this Agreement shall become null and void and the duties and obligations of the City and District under the terms of this Agreement shall be forever discharged.

2. Sale. District agrees to sell, and City agrees to buy the Property, including any improvements thereon.

3. Consideration. The consideration of the purchase of the Property are the promises, obligations and duties of City to support Fire Science Educational Programming for Fire Fighter One and Fire Fighter Two Certifications (the “Program”) sponsored by District as follows:

A. Program Design - The City’s training staff shall assist in the design of a program including consultation of courses, course material and program structure regarding the following: Fire fighter 1 & 2, EMT curriculum, Candidate physical aptitude test (CPAT), Instructor 1, Certification by the University of Kansas Fire Service Training.

B. Use of Facilities & Equipment - City shall provide District access to City facilities and equipment, not to interfere with the City’s use of said facilities and equipment for provision of Fire prevention/suppression and emergency medical services, at a level to allow District to carry out the Program.

Page 39 of 61 Agenda Item #9.

1. Facilities:

(a) The City shall provide use of the City’s Fire Training Center, located at 12401 Hemlock, during normal District school hours as agreed upon by the City and District to support the Program curriculum.

(b) New Fire Station #48 and other City Fire Station facilities may be utilized as a learning space/facility for the Program as appropriate and agreed upon by City and District.

(c) Use of Equipment - The City can assist with the use of fire equipment needed to complete the Program. Examples would be the use of a fire truck, protective gear and SCBA’s. (including the ability to fill them as well as candidate fit testing). A complete list of equipment and amenities to be made available to the District for the Program is attached hereto as Exhibit B and incorporated by reference as if fully set forth herein.

(d) City will allow use of facilities and equipment as described above for fifteen (15) years upon commencement of the first year of the Program. At the end of the fifteen (15) year term the parties would negotiate funding from District and enter into a new separate agreement for the use of City facilities and equipment moving forward.

(e) The parties agree that the District’s use of facilities and equipment as set forth herein shall not interfere with the City’s provision of fire suppression or emergency medical services.

C. Overland Park Fire Department (“OPFD”) Instructors. City provision of OPFD instructor(s) for the Program is outside the scope of this Agreement and shall be subject to a separate agreement for funding from District.

D. If the District would choose to cancel the Program at any time prior to the end of the fifteen (15) year period, and the City has not breached the terms of this Agreement, then no liability shall fall on City arising from the Program termination.

4. Property Sold “As-Is.” City accepts the Property “As-Is” as of the date of the execution of this Agreement, without any warranties or representations from District regarding the use, condition, or habitability of such property or improvements. District agrees that after the date of the execution of this Agreement, the Property shall not be altered in any manner that impairs its future use by the City.

5. Fee Simple Title. City shall obtain a certification of title, and District agrees to provide merchantable fee simple title to the City as of the date of recording of the deed, subject only to such liens

Page 40 of 61 Agenda Item #9.

and encumbrances, including easements, as may be approved by the City. The City shall, within 20 days prior to closing, deliver such certificate to District. If the certification of title discloses any defects, liens or encumbrances objectionable by the City, the City shall advise the District of the same in writing within five (5) days after delivery of the certification of title to District. Matters listed in the certification of title and not objected to by the City within such period and matters later accepted shall constitute "Permitted Exceptions". As to any matters to which the City so objects in a timely manner, the District shall notify the City in writing, within five (5) days after receipt of the City’s objection letter, as to which specific matters the District is unable or unwilling to remedy and which specific matters reasonable efforts will be exercised to attempt to remedy. As to those matters to be remedied, the same shall be confirmed on or before the closing date. If the District is unable or unwilling to remedy all matters objected to by the City, the City shall have the option of either (i) consummating the transaction contemplated hereby and accepting such title as the District is so able or willing to convey, and without any claim or adjustment at closing, or (ii) terminating this Agreement by giving written notice to the District within three (3) days after written notice is given (or deemed given) in which instance the obligations of all Parties herein shall be null and void, other than any obligations which this Agreement identifies as surviving termination. District shall, prior to closing, secure and file any and all lien releases as may be necessary in order to deliver merchantable fee simple title to the City.

6. Proration. District shall pay all real property and other taxes, general and special, all assessments of any kind or nature, which are due and have accrued for the years prior to the calendar year of closing. All such taxes and assessments becoming due and accruing during the calendar year of closing shall be prorated between District and City on the basis of such calendar year, as of closing. And the City shall assume such taxes or assessments which become due and owing after the date of closing.

7. Closing. The sale and purchase provided herein shall be consummated at a Closing to be held at a date and location determined by mutual agreement of the District and the City not longer than 60 days after the Approval Date. The date and event of the sale and purchase respectively are referred to herein as the “Closing Date” and the “Closing.” On the Closing Date, District shall deliver to the City a Warranty Deed conveying to the City the fee simple interest in the Property, sold free and clear of all liens, taxes, charges, and encumbrances , excepting any permitted exceptions and any other recorded restrictions and easements, or as approved by the City. At the Closing, all papers shall be delivered and proration of taxes, and/or assessments shall be done. 8. Special Use Permit. The City currently has an application before its Governing Body for a special use permit to use the Property as a fire station. City at its option may extend the Closing Date up to an additional sixty (60) days to allow for its governing body to consider said special use permit. If, prior to the Closing Date, or any extension thereof, the special use permit would be denied or not yet acted upon by the City’s Governing Body, the City may terminate this Agreement for convenience. 9. Title Insurance. The City may choose to obtain title insurance on the Property from a provider of its choice, if it so chooses, the City shall pay all costs for said title insurance.

10. Closing Costs. City agrees to pay the costs of recording all conveyance and other instruments tendered by District to City.

11. Possession. District shall be entitled to Possession of the Property until the Closing, at which time the District shall deliver absolute and unqualified possession of the Property to the City.

Page 41 of 61 Agenda Item #9.

12. Real Estate Commissions. Both District and City represent that they have not engaged the services of a real estate agent or broker in relation to this transaction, and that to the best of each of their knowledge no person or entity has a claim for any commission in connection with this transaction. In the event that any person or entity claims a commission from City for services provided to City in relation to this transaction, such commissions are the sole responsibility of City. In the event that any person or entity claims a commission from District for services provided to District in relation to this transaction, such commissions are the sole responsibility of District. To the extent permitted by law and subject to the provisions of the Kansas Tort Claims Act and Cash Basis/Budget laws, each party agrees to indemnify and hold the other harmless from and against all liability, costs, and expenses, including reasonable attorneys’ fees, arising out of or pertaining in any manner to any claim for any such commission claimed. The provisions of this paragraph shall survive Closing or termination of this Contract. 13. Dispute Resolution. The City and District agree that the implementation of this Agreement will be enhanced by the timely resolution of any dispute between them. Therefore, each party agrees to cause any dispute or disagreement between them, whether with respect to the interpretation of this Agreement or with respect to the performance of either party under this Agreement, to be considered, negotiated in good faith and resolved as soon as possible in accordance with the following dispute resolution process. The dispute resolution process will require that the following steps be completed within a reasonable time. Each party will appoint a representative who will be made available for conference calls and meetings with the other party’s representative for this dispute resolution process. If the dispute resolution process fails to resolve the dispute, the party initiating the claim that is the basis for the dispute shall be free to take such steps as it deems necessary to protect its interests; provided, however, that notwithstanding any such dispute the party making the claim shall proceed with their duties as per this Agreement as if no dispute existed; and provided further that no dispute will be submitted to arbitration without both the City and District’s express written consent.

Neither party shall be compensated for any time or expense related to the dispute resolution process.

14. Property Vacant. The parties agree the Property will be vacant at the time of Closing, and that the sale contemplated by this Agreement shall not result in the displacement of any person, as defined by Kansas or Federal law.

15. Additional Consideration. As further consideration for this Agreement, the parties agree, acknowledge, warrant, and represent:

A. The foregoing recitals are true, correct, constitute the intent of the parties, and are incorporated by reference into the terms of this Agreement; and

B. The consideration expressed in this Agreement is contractual and not a mere matter of recital; and

C. No promise or agreement not expressed in this Agreement has been made by the parties, and any amendments or modifications to this Agreement shall be made in writing; and

D. All prior oral or written statements relating to the subject matter of this Agreement are merged into this writing; and

Page 42 of 61 Agenda Item #9.

E. They have carefully read the foregoing Agreement and know the contents thereof and have signed the same as their own free act; and

F. In executing this Agreement, they do not rely on any statement or representation made by the other or their respective agents, attorneys or employees, but they rely solely upon their own judgment; and

G. The person executing this Agreement has been duly authorized by all requisite corporate or other entity action, if applicable, and no other proceedings on the part of the party on whose behalf they execute this Agreement are necessary to authorize this Agreement and the conveyances contemplated in the Agreement; and

H. Each shall cooperate fully and execute any and all supplementary documents and take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and conditions of this Agreement; and

I. This Agreement shall be binding upon the heirs, successors and assigns of the parties; and

J. This Agreement shall be construed and interpreted in accordance with the laws of the state of Kansas. IN WITNESS WHEREOF, the parties have hereto set their hands the day and year first written above.

[Remainder of page intentionally blank. Signature pages follow.]

Page 43 of 61 Agenda Item #9.

DISTRICT: UNIFIED SCHOOL DISTRICT NO. 229, JOHNSON COUNTY, STATE OF KANSAS

Amy Tysseling Vice President, Board of Education

ATTEST:

Sarah Vaughn Clerk, Board of Education

APPROVED AS TO FORM:

Melissa Hillman General Legal Counsel

CITY: CITY OF OVERLAND PARK, KANSAS

______Carl Gerlach Mayor

ATTEST:

Page 44 of 61 Agenda Item #9.

______Elizabeth Kelley City Clerk

APPROVED AS TO FORM:

______Trevor L. Stiles Senior Assistant City Attorney

[End of document.]

Page 45 of 61 Agenda Item #9.

EXHIBIT A

A tract of land being situated in a portion of Lot 1, BLUE VALLEY MIDDLE SCHOOL #10, being located in the City of Overland Park, Johnson County, Kansas. Said tract of land being now more particularly described as follows: Commencing at the Northeast corner of said Lot 1; thence S 02° 00’ 36” E, along the East line of said Lot 1, a distance of 10.00 feet to the Point of Beginning; thence continuing S 02° 00’ 36” E, along said East line, a distance of 276.00 feet; thence S 87° 59’ 24” W, a distance of 380.00 feet; thence N 02°00’ 36” W, a distance of 276.00 feet; thence N 87°59’ 24” E, parallel with the North line of said Lot 1, a distance of 380.00 feet to the Point of Beginning. Subject tract contains 104,880 square feet or 2.408 acres more or less.

Page 46 of 61 Agenda Item #9.

EXHIBIT B

District will have access during normal school hours throughout the semester to classrooms located at the City’s Fire Training Center located at 12401 Hemlock, Overland Park, Kansas, as agreed upon by the City and District. Additional sites for the District to have access to during normal school hours may be agreed upon by the City and District.

District will have access to the multipurpose room located at the City’s Fire Training Center, 12401 Hemlock, Overland Park, KS, three times per semester, as agreed upon by City and District, for testing and graduation. The classroom will include: • Multimedia projector • Computer with/additional connection for a laptop • Visuals presenter (if required) • Dry erase boards • Tables and chairs able to handle up to 24 students • Internet connection (direct connection to desktop computer and Public WiFi for students)

Training tower and live-fire simulator located at the City’s Fire Training Center, 12401 Hemlock, Overland Park, KS. Available for use during normal school hours upon agreement with City. Operators of the live-fire simulator must be employees of the Overland Park Fire Department. Tower and simulator include : • Five stories • Smoke machines • Standpipe system • Forcible entry props on multiple floors including a garage door prop • SCBA maze and other portable props • Five natural gas bum props • Ventilation props (elevated and ground) • Secure storage for teaching and instructor material s

Note: When performing live fire training inside the training tower District agrees to follow NFPA 1403, Standard for Live Fire Training. If this cannot be met on the time of the scheduled session, the session will be rescheduled.

Technical Classroom Building (TCB) and Storage Container: The TCB and storage container, located at the City’s Fire Training Center, 12401 Hemlock, Overland Park, KS, will be available during the academic year, as agreed to by City and District. The TCB can be used to store equipment for CPAT and basic fire fighting equipment during the semesters. District will have access to the class room/ south bay and restroom facilities of the TCB. One storage container will be provided outside of the TCB for storage of equipment owned by District. Equipment and facilities of the TCB for use by District includes:

Page 47 of 61 Agenda Item #9.

• Rest room/shower facilities • Air compressor/cascade system to recharge District SCBA cylinders • Ladder storage • CPAT storage • Fire truck with hose and equipment and working pump • Fire hose, 1 ¾"; 2 ½"; 3'": and LDH • Nozzles and adapters • Fire extinguishers

Exterior props: District will have access to exterior props during the academic year. Exterior props include: • LP Gas bobtail-LP-fueled • Simulated fuel spill-LP- fueled • Propane tank-LP- fueled • Dumpster-LP- fueled • Transformer-LP- fueled

Other items provided by City (OPFD) include: • Natural gas for live-fire simulator (Note: This may change to propane during the agreement period where an additional charge for propane for the tower props would be charged to District) • Fully functional fire truck with hose, equipment and working pump. • Propane for exterior props • Ladders and annual testing of ladders • Fire extinguisher recharging • Plywood for the ventilation roof props • Sheet metal for forcible entry door prop • Classroom supplies (dry erase markers, erasers, cleaning solution for dry erase boards and towels). Note: No permanent markers are allowed inside any classroom at the training center. • Routine maintenance/cleaning of facility and props. (Note: District agrees to leave facility and props in the same condition in which they are found. District agrees to pay for any damages to facility/props incurred as a result of negligence on the part of faculty and/or students). In kind, City agrees to pay for or replace any damages to District owned equipment, which is damaged as a result of negligence on the part of City employees/contractors). • Smoke fluid for training tower smoke machine s • Fuel control operator for the Fire Academy • Access cards for District employees to include the program coordinator, assistant and adjunct instructors. Access will be for the main entrance, west entrance of the multipurpose room and east door to the TCB.

Items or services that will be supplied/purchased or performed by District include, but are not limited to, the following:

Page 48 of 61 Agenda Item #9.

• Self-contained breathing apparatus • Personal protective clothing • Regular pickup of the classroom to include weekly cleaning of dry erase boards • Regular policing of the south bay of the TCB for hose and other loose equipment not being used and placed back in the storage container. • Provide access to OPFD annually to the storage container to ensure equipment . stored on Engine 430 is back in inventory.

Page 49 of 61 Page 50 of 61 Agenda Item #10.

STAFF REPORT Public Safety - June 10, 2020

ITEM TITLE: Agreement - Unified School District No. 229, for the use and maintenance of Love Live Avenue, generally located near the intersection of W. 175th Street, for ingress and egress to new Fire Station No. 48.

POLICY ISSUE: Fire Protection services and Emergency Medical and Rescue services fall under the purview of the Public Safety Committee.

STAFF RECOMMENDATION: Staff recommends approval of the Agreement.

BACKGROUND: This is a companion agreement to the Fire Station Land agreement. This agreement frames the future expectations of the anticipated road maintenance associated along the eastern property line. Live Love Ave. is the private drive to access the Blue Valley Campus. In addition, it will be the preferred route of fire equipment returning to the station. Based on the current condition and use of the drive, staff worked with BVSD staff to develop the agreement for 20% City participation for only major maintenance and only for the area of the Love Live Ave. noted in the agreement.

BUDGET IMPACT: Funding is not required at this time and will need to be coordinated with BVSD prior to required projects and included in the CIP.

ATTACHMENTS: Cooperative Agreement for Maintenance of Love Live Avenue

Page 51 of 61 Page 52 of 61 Agenda Item #10.

COOPERA TIVE AGREEMEN T FOR MAINTENANCE OF LOVE LIVE A VENUE ADJACENT TO BLUE VALLEYSOUTHWESTHIGHSCHOOL

THIS AGREEMENT, made this day of , 2020, between Uni?ed School District No. 229, Johnson County, State of Kansas (hereinafter “District”), being a school district organized and existing under the laws of the state of Kansas, and the City of Overland Park, Kansas (hereinafter “City”), being a municipalityorganized and existing under the laws of the state of Kansas. WHEREAS, the District currently owns a private road named Love Live Avenue which serves the District’s Blue Valley Southwest High School campus, more speci?cally shown in Exhibit A, attached hereto and incorporated by reference as if fully set forth herein (hereinafter “Love Live Ave.”)

WHEREAS, contemporaneous with this Agreement, City and District are entering into an agreement whereby District is transferring ownership of a parcel of land generally located at or near the intersection of W. 175"‘Street and Love Live Avenue on the Blue Valley Southwest High School campus, more speci?cally shown in Exhibit B, attached hereto and incorporated by reference as if fully set forth herein (hereinafter the “Property”); and

WHEREAS, the City plans to construct a new ?re station on the Property (hereinafter “Fire Station No. 48”); and

WHEREAS, the City plans to utilize a portion of Love Live Ave., which can be described as from the north property line / Right of Way, south 276‘ feet along the property line, for ingress and egress for Fire Station No. 48, more speci?cally shown in Exhibit C attached hereto and incorporated by reference as if fully set forth herein (hereinafter the FS #48 lngress/Egress Portion of Love Live Ave."); and

WHEREAS, the parties wish to enter into this Agreement to set forth responsibilities and obligations of the parties regarding maintenance and use of the FS #48 lngress/Egress Portion of Love Live Ave.; and

NOW, THEREFORE, in consideration of the above recitals, the mutual covenants and agreements herein contained, and for other good and valuable consideration, the parties agree as follows:

I Purpose of Agreement: The purpose of this agreement is to provide for cooperation between the parties for use and maintenance of the FS #48 lngress/Egress Portion of Love Live Ave.

II Responsibilities of District: District agrees to undertake the following pursuant to this Agreement,

-District shall allow City and the general public to utilize the FS #48 lngress/Egress Portion of Love Live Ave. for ingress and egress to Fire Station No. 48.

-District shall keep the FS #48 lngress/Egress Portion of Love Live Ave. in good repair suitable for vehicular access and travel and use by ?re apparatuses. Page 53 of 61 Agenda Item #10.

-District shall continue to undertake all maintenance and repair activities related to the FS #48 lngress/Egress Portion of Love Live Ave. All maintenanceand repair projects to the FS #48 ingress/Egress Portion of Love Live Ave. shall be coordinatedwith City staff.

-District shall contract for all repair and maintenance related to the FS #48 Ingress/Egress Portion of Love Live Ave., where such repair and maintenanceis not to be performed by District Staff.

III. Responsibilities of City: City agrees to undertake the following pursuant to this Agreement,

-City shall contribute twenty percent (20%) to the cost of all long term maintenance repair and replacement costs of the FS #48 lngress/Egress Portion of Love Live Ave. The City’s responsibility to contribute shall begin the first day of the month after Fire Station No. 48 is operational. All routine maintenance, including but not limited to snow plowing, pothole repair and pavement marking shall be the responsibility of District and City shall have no obligation to contribute to said routine maintenance.

IV. Coogeration: Both parties shall be required to agree on the extent of all long term maintenance repairs and replacement, and budget therefore, for the long term maintenance repair and replacement of the FS#48 Ingress/Egress Portion of Love Live Ave. The parties will consult and cooperate with each other as necessary to accomplish the purpose of this agreement.

VI. Insurance: District shall carry commercially reasonable types and limits of insurance covering the FS#48 Ingress/Egress Portion of Love Live Ave. District shall name the City as additional insured regarding commercial general liability and automobile insurance.

VII. Indemni?cation: To the extent allowed by law, including the protections and limitations of the Kansas Tort Claims Act, District shall defend, indemnify and hold harmless the City for any claims or damages whatsoever in nature arising out of work or the condition of the FS #48 lngress/Egress Portion of Love Live Ave., however this obligation shall not extend to the extent claims arise from the negligence or willful misconduct of City.

VIII. Utilization of Contractors: If District utilizes contractors in performing their duties pursuant to this Agreement, they will require, by written agreement, said contractors to agree to the following:

A Insurance:

-Contractor shall carry insurance at the following minimum limits: Commercial General Liability

Limits — General Aggregate: $1,000,000 Products / Completed Operations: $1,000,000 Personal & Advertising Injury: $500,000 Page 54 of 61 Agenda Item #10.

Each Occurrence: $500,000

Policy MUST include the following conditions: a. Name City and District as "Additional Insureds"

Automobile Liability: Policy shall protect the Contractor against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired and/or non-owned Vehicle.

Limits - (Same as Commercial General Liability)

Combined Single Limits, Bodily Injury and Property Damage — Each Accident

Policy MUST include the following condition: Name City and District as "Additional Insureds" Note: Contractor expressly agrees to only utilize vehicles properly insured under the requirements of this agreement while performing the services set forth herein, and to ensure that its subcontractors comply with the same.

Workers‘ Compensation: This insurance shall protect the Contractor against all claims under applicable state workers’ compensation laws. The Contractor shall also be protected against claims for injury, disease or death of employees for which, for any reason, may not fall within the provisions of workers’ compensation law. The policy limits shall not be less than the following:

Workers‘ Compensation: Statutory

Employers Liability - Bodily Injury by Accident: $ 100,000 Each Accident Bodily Injury by Disease: $ 500,000 Policy Limit Bodily Injury by Disease: $ 100,000 Each Employee

Subcontractors‘ Insurance: If a part of the Agreement is to be sublet, the Contractor shall either:

- Cover all subcontractorsin its insurance policies, or - Require each subcontractornot so covered to secure insurance which will protect subcontractoragainst all applicable hazards or risks of loss as and in the minimum amounts designated and that are commensurate with the subcontractor’s scope of work.

Whichever option is chosen,Contractor shall indemnify and hold harmless the City as to any and all damages, claims or losses, including attorney's fees, arising out of the acts or omissions of its subcontractors.

B. Indemni?cation: Contractor shall be required to defend, indemnify and save City and District harmless from and against all liability for damages, costs, and expenses arising out of any claim, suit or action for injuries or damages sustained to persons or property by reason of the acts or omissions of the contractor(s) and the performance ofPagehis 55 of 61 Agenda Item #10.

or her contract.

C Af?rrnative Action and other Laws: Either party when utilizing contractors for performance of said parties duties under this Agreement, shall require said contractor(s) to agree in writing to the following:

-Contractor shall observe the provisions of the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and shall not discriminateagainst any person in the performance of work under the present contract because of race, religion, color, sex, disability, national origin, ancestry or age;

a. in all solicitations or advertisements for employees, the contractor shall include the phrase, "equal opportunity employer," or a similar phrase to be approved by the Kansas Human Rights Commission ("Commission');

b. if the contractor fails to comply with the manner in which the contractor reports to the Commission in accordance with the provisions of K.S.A. 44- 1031 and amendments thereto, the contractor shall be deemed to have breached the present Agreement and it may be canceled, terminated or suspended, in whole or in part, by the City;

c. if the contractor is found guilty of a violation of the Kansas Act Against Discriminationunder a decision or order of the Commission which has become ?nal, the contractor shall be deemed to have breached the present Agreement and it may be canceled, terminated or suspended, in whole or in part, by the City; and

d. the contractor shall include the provisions of subsections(a) through (d) in every subcontractor purchase order so that such provisions will be binding upon such subcontractoror vendor.

The provisions of this Section shall not apply to a contract entered into by a Contractor: 0 who employs fewer than four employees during the term of such contract; o_r 0 whose contracts with the City cumulatively total $5,000 or less during thefiscal year of the City. 2. The contractor shall further agree to abide by the Kansas Age Discrimination In Employment Act (K.S.A. 44-1111 et seq.) and the applicable provision of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) as well as all other federal, state and local laws, ordinances and regulations applicable to the project and to fumish any certi?cation required by any federal, state or local governmental agency in connection therewith.

3. Contractor shall observe the provisions of Overland Park Municipal Code 8.10 and not discriminate against any person in the performance of work under the present Agreement because of sexual orientation, or gender identity.

IX. Notices: Any notice in connection with this Contract shall be in writing to the parties at the addressesshown below.

Page 56 of 61 Agenda Item #10.

Notices to City shall be mailed to: Director of Public Works, 8500 Santa Fe Drive, Overland Park, KS 66212

Notices to District shall be mailed to: Director of Facilities and Operations, 15020 Metcalf Ave., Overland Park, KS 66223

X. Duration and Termination of Agreement: This Agreement shall be for a term of one (1) year from the date first written above. This Agreement shall automatically renew for subsequent one (1) year terms, unless either party gives written notice of their intent not to renew at least 90 days prior to expiration of the then current term. Either party may terminate this Agreement at any time by giving the other party 90 days written notice.

XI. Cash Basis/Budget: Notwithstanding anything contained in the Agreement to the contrary, it is understood and agreed by the parties hereto that each party is only obligated to pay periodic payments or monthly installments under the Agreement as may lawfully be made from funds budgeted and appropriated for such purpose during the parties then current budget year or from funds made available from any lawfully operated, revenue producing source. Should either party fail to budget, appropriate or otherwise make available funds for payments due under the Agreement in any budget year, the Agreement shall be deemed terminated on the last day of the then current budget year for which appropriations were received without penalty or expense to the party failing to appropriate said funds of any kind whatsoever, except as to the portions of the recurring charges herein agreed upon for which funds have appropriated and budgeted or are otherwisemade available. City and District agree to notify the other of such termination,which shall not constitute a default under the Agreement, at least sixty (60) days prior to the end of the notifying party’s then current budget year.

XII. Amendments: This Agreement cannot be modified or changed by any verbal statement, promise or agreement, and no modi?cation, change nor amendment shall be binding on the Parties unless it shall have been agreed to in writing and signed by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this Contract with duplicate originals on the day and year first above written.

CITY OF OVERLAND PARK, KANSAS

By: Carl Gerlach,_Mayor

Attest:

City Clerk

Page 57 of 61 Agenda Item #10.

Approved as to form:

Trevor Stiles, Senior Assistant City Attorney

UNIFIED SCHOOL DIS TRIC T N0. 229 JOHNSON COUNTY,STA TE OF KANSAS

By: Amy Tysseling Vice President,Board of Education

Attest:

Sarah Vaughn Clerk, Board of Education

Approved as to form:

Melissa Hillman General Legal Counsel

Page 58 of 61 Agenda Item #10.

EXHIBITFA’ PRIVATEROAD

Page 59 of 61

6%» ‘ «(LovePRIVATELIVEAVENUE)ROAD“:-.,_* ‘ Agenda Item #10.

E ‘.‘17S“4‘_.STRE_\ET

E9 EXHIBIT‘B’ PROPOSED SITE

Page 60 of 61

(LOVEPRIVATELIVEAVENUE)ROAD Agenda Item #10.

‘~175'~‘STREET‘

J,_. _?:zm>:.u.>o: I_,.;II. ,,.,o_E

EXHIBIT‘C’ PRIVATEROAD UTILIZATION

Page 61 of 61