On the agenda: Manhattan Board of County Commissioners Meeting — Data Center (Oct 26)

Board of Riley County
Commissioners

115 N 4th Street
Manhattan, KS 66502
www.rileycountyks.gov

Regular Meeting
Agenda

Cindy Kabriel
785-565-6200

October 26, 2026
Commission Chambers

8:30 AM

District 1 – John Ford, Vice-Chair

8:30 AM

District 2 – Greg McKinley, Member

District 3 – Kathryn Focke, Chair

Call to Order
Pledge of Allegiance
Public Comment
Commission Comments
Business Meeting
Review Minutes
1.

Board of Riley County Commissioners - Regular Meeting - Oct 22, 2026 8:30 AM

Review Tentative Agenda
2.

Tentative Agenda

Press Conference Topics
9:00 AM

Michael Rezkalla, Pawnee Mental Health Services Director
3.

9:15 AM

Megan Lewis, Community Corrections Director
4.

9:30 AM

9:35 AM

5.

Presentation of retirement plaque to Mary Graham - Kathryn Focke (3-5 minutes)

6.

General Election - Rich Vargo (1-2 minutes)

Elizabeth Ward, Human Resources Director

Letter of Support for Leonardville Nursing Home

Major Scott Hajek, RCPD
9.

10:10 AM

County Administrator Recruitment Update

Heather Germann, Leonardville Nursing Home Administrator
8.

10:00 AM

Staff Update

Press Conference

7.
9:55 AM

Pawnee Mental Health Services update

2027 Federal Highway Safety Grant Program

Jacob Hansen, County Counselor

Board of Riley County Commissioners

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Agenda

Board of Riley County Commissioners

10.
12:00 PM

October 26, 2026

Administrative Work Session

Intergovernmental Luncheon at Rockin K's
11.

Intergovernmental Luncheon Agenda

Adjournment

In order to comply with provisions of the Americans with Disabilities Act (ADA), Riley County will make reasonable
efforts to accommodate the needs of persons with disabilities. Please contact the Division of Human Resources at (785)
537-6303 (voice and TTY) for assistance.

Board of Riley County Commissioners

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Board of Riley County
Commissioners

115 N 4th Street
Manhattan, KS 66502
www.rileycountyks.gov

Regular Meeting
TENTATIVE Agenda

Cindy Kabriel
785-565-6200

October 29, 2026
Commission Chambers

8:30 AM

District 1 – John Ford, Vice-Chair

8:30 AM

District 2 – Greg McKinley, Member

District 3 – Kathryn Focke, Chair

Call to Order
Pledge of Allegiance
Public Comment
Commission Comments
Business Meeting
1.

Approve payroll/accounts payables (when completed)

Review Minutes
2.

Board of Riley County Commissioners - Regular Meeting - Oct 26, 2026 8:30 AM

Review Tentative Agenda
3.

Tentative Agenda

Press Conference Topics
9:00 AM

Jacob Hansen, County Counselor
4.

9:20 AM

Executive Session to discuss department head evaluation
5.

9:50 AM

10:20 AM

Administrative Work Session

Katharine Hensler, Museum Director

Amanda Webb, Planning/Special Projects Director
6.

Amend Short-Term Rental Regulations

7.

Driveway Standards

Amanda Webb, Planning/Special Projects Director
8.

Evergy - Data Centers

Adjournment

In order to comply with provisions of the Americans with Disabilities Act (ADA), Riley County will make reasonable
efforts to accommodate the needs of persons with disabilities. Please contact the Division of Human Resources at (785)
537-6303 (voice and TTY) for assistance.
Board of Riley County Commissioners

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TENTATIVE Agenda

Board of Riley County Commissioners

Board of Riley County Commissioners

October 29, 2026

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Board of Riley County
Commissioners
Regular Meeting
TENTATIVE Agenda

November 2, 2026

115 N 4th Street
Manhattan, KS 66502
www.rileycountyks.gov
Cindy Kabriel
785-565-6200

Commission Chambers

8:30 AM

District 1 – John Ford, Vice-Chair

8:30 AM

District 2 – Greg McKinley, Member

District 3 – Kathryn Focke, Chair

Call to Order
Pledge of Allegiance
Public Comment
Commission Comments
Business Meeting
Review Minutes
1.

Board of Riley County Commissioners - Regular Meeting - Oct 29, 2026 8:30 AM

Review Tentative Agenda
2.

Tentative Agenda

Press Conference Topics
9:00 AM

Jacob Hansen, County Counselor
3.

9:20 AM

Amanda Webb, Planning/Special Projects Director
4.

9:30 AM

9:40 AM

Administrative Work Session

Outside Sewer Agreement for 300 Johnson Road

Press Conference
5.

RCPD update - Captain Scott Hajek and Major Mark French (3-5 minutes)

6.

General Election - Rich Vargo (1-2 minutes)

Elizabeth, Ward, Human Resources Director
7.

County Administrator Recruitment update

Adjournment

In order to comply with provisions of the Americans with Disabilities Act (ADA), Riley County will make reasonable
efforts to accommodate the needs of persons with disabilities. Please contact the Division of Human Resources at (785)
537-6303 (voice and TTY) for assistance.
Board of Riley County Commissioners

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Community Corrections
Staff Update

Megan Lewis
Director of Community Corrections
115 N. 4th St.
Manhattan, KS 66502
785-565-6810

STAFF REPORT
FROM:

Megan Lewis, Community Corrections Director

MEETING:

October 26, 2026

SUBJECT:

Staff Update

PRESENTER:

Megan Lewis, Community Corrections Director

Enclosures:
Monthly Staff Report October 2026 BOCC

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Riley County Community Corrections
Monthly Update

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Juvenile Intake & Assessment Services (JIAS)

• 27 Intakes completed in September
•
•
•
•
•

14 released to a Parent/Guardian
3 released to a Relative
5 released to DCF/Contractor
3 placed in a Protective Home
2 placed in Detention

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Youth Court Immediate Intervention Program
(YCIIP or IIP)

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Juvenile Intensive Supervision

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Adult Intensive Supervision

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(Adult) Recovery Court
Recovery Court started – 2/23/22
• 25 Participants in September – Riley County
• A total of 79 participants since the start of the program
• 24 Participants have graduated from Riley County
• 9 Participants have graduated from Clay County
• 21 clients have been removed or revoked from Recovery Court
• Next Recovery Court Graduation – October 28th, 2026

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General Updates
• BJA FY2026 Adult Treatment Court Program Grant application
o Due November 6th, 2026
• FY28 – KDOC discontinuing a number of grants to include the
Reinvestment Grant
• 2026 Kansas Opioid Conference in Wichita on November 3 rd

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Counselor and Administrative
Services
Personnel

Jacob Hansen
County Counselor
115 N 4th Street
Manhattan, KS 66502
785-565-6844

MEMORANDUM
FROM:

Elizabeth Ward, Human Resources Director

MEETING:

October 26, 2026

SUBJECT:

County Administrator Recruitment Update

PRESENTER:

Elizabeth Ward, Human Resources Director

Enclosures:
County_Administrator_Weekly_Recruitment_Update2026-10-26

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COUNTY ADMINISTRATOR RECRUITMENT
Weekly Update to the Board of County Commissioners
Date: Oct 26, 2026
Recruitment Activity

Weekly Update

Total Candidates

41 total applications received

New Candidates This Week

7 new applications

Interview Activity

8 virtual interviews scheduled

Candidates Advancing

______ advancing to next stage

Recruiting Workgroup Update

Other Progress / Activities

Upcoming Actions / Next Steps
Schedule in-person interview dates
Complete the in-person interview questions
Plan the agenda for in-person meetings
Compile recommended candidate interview evaluations and written responses for
the interview committee to review

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Outside Agency
Agenda

Rich Vargo
County Clerk
110 Courthouse Plaza
Manhattan, KS 66502
785-565-6200

COMMISSION AGENDA REPORT
FROM:

Cindy Kabriel, Sr. Administrative Assistant

MEETING:

October 26, 2026

SUBJECT:

Letter of Support for Leonardville Nursing Home

PRESENTER:

Heather Germann - Leonardville Nursing Home Administrator

BACKGROUND
The Leonardville Nursing Home is applying for a grant again this year. The commissioners have approved a
letter of support each year for the Leonardville Nursing Home since 2023.
DISCUSSION
The Leonardville Nursing Home is requesting a letter of support for their grant.
FISCAL IMPACT
N/A
RECOMMENDATION(S)
Germann recommends signing the letter of support for the grant for the Leonardville Nursing Home.
POSSIBLE MOTION(S)
Move to approve the Letter of Support for the Leonardville Nursing Home for their grant application to KDOT.
Move to deny
Move to modify
Move to table
No action required.
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The Board agreed by consensus to
ENCLOSURES:
10-20-26 KDOT Leonardville Nursing Home Grant

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Outside Agency
Grant

Rich Vargo
County Clerk
110 Courthouse Plaza
Manhattan, KS 66502
785-565-6200

COMMISSION AGENDA REPORT
FROM:

Cindy Kabriel, Sr. Administrative Assistant

MEETING:

October 26, 2026

SUBJECT:

2027 Federal Highway Safety Grant Program

PRESENTER:

Major Scott Hajek - RCPD

BACKGROUND
The Riley County Police Department (RCPD) respectfully requests approval from the Riley County Board of
County Commissioners to apply for and accept grant funding through the 2027 Federal Highway Safety Grant
Program. RCPD intends to participate in the Special Traffic Enforcement Program (STEP), which focuses on
increasing traffic safety through targeted enforcement campaigns. Participation requires a minimum of two
enforcement contacts per hour during STEP campaigns. RCPD typically participates in campaigns focused on
impaired driving, seat belt use, and speeding.
RCPD has participated in this grant program since 2019. During the most recent grant cycle, the application
process and procedures underwent significant changes, including a change in the designated grant awardee. In
previous years, the grant was awarded to the Riley County Law Enforcement Agency (RCLEA); however,
under the revised process, Riley County, Kansas, is identified as the grant awardee.
The RCLEA Law Board approved RCPD moving forward with the request for approval from the Riley County
Board of County Commissioners, recognizing that Riley County, Kansas, is the designated grant awardee under
the current application process.
RCPD will coordinate with the Kansas Department of Transportation (KDOT) to determine whether the grant
awardee designation can be returned to RCLEA for future grant cycles.
DISCUSSION
Discuss 2027 Federal Highway Safety Grant Program - Special Traffic Enforcement Program (STEP)
FISCAL IMPACT
The 2027 allocation for Riley County is $21,500, and the grant does not require matching funds. Upon approval
of the application, the Riley County Police Department (RCPD) intends to utilize the full award to reimburse
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the cost of overtime hours for safety enforcement, non-enforcement over time for dispatch support during DUI
saturation patrol efforts, and equipment (PBTs and Cones).
RECOMMENDATION(S)
The Riley County Police Department recommends that the BOCC give authorization to the agency to proceed
with the grant application process and to accept and utilize the funds.
POSSIBLE MOTION(S)
Move to Approve the 2027 Federal Highway Safety Grant Program - Special Traffic Enforcement Program
(STEP).
Move to Deny the 2027 Federal Highway Safety Grant Program - Special Traffic Enforcement Program
(STEP).
ENCLOSURES:
2027 STEP Contract (Riley County PD) SP-4773-27

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OCC Contract No. 859-26
Project No. SP-4773-27
Bureau of Transportation Safety
PROJECT NO. SP-4773-27
FEDERAL HIGHWAY SAFETY GRANT PROGRAM
RILEY COUNTY, KANSAS
SUBAWARD CONTRACT
This Subaward Contract (“Contract”) is entered into by and between the Secretary of
Transportation (the “Secretary”), Kansas Department of Transportation (“KDOT”), and Riley
County, Kansas (“Subrecipient”), collectively referred to as the “Parties.” This Contract shall
govern certain activities and responsibilities to be carried out by the Subrecipient on behalf of the
Secretary, a grantee of the National Highway Traffic Safety Administration (“NHTSA”).
RECITALS:
A. The Secretary operates a highway safety program (the “Program”) and has been awarded funds
to implement the Program by the NHTSA, (the “Prime Award”), pursuant to the provisions of
chapter 4 of title 23 of the United States Code (23 U.S.C. § 401, et seq.) and the regulations
promulgated thereunder. The funding period, Federal Award Identification No., and Assistance
Listing for the Prime Award are indicated in the “Behavioral Safety Project Detail Plan.”
B. The Subrecipient seeks an award of federal highway safety program funds for a highway safety
Project and has been determined by the Secretary to be eligible for such an award.
C. The Secretary desires to grant a subaward of the Prime Award (the “Subaward”) to the
Subrecipient to reimburse the costs incurred in the performance of this Contract and Approved
Activities for a maximum Total Contract Funds during the Contract Period and in accordance
with federal, state, and local laws and guidelines promulgated thereunder.
D. Certain information required by 2 C.F.R. § 200.332(a)(1) to be included in this Contract with
respect to the Subaward is set forth in the “Behavioral Safety Project Detail Plan,” which is
attached to and incorporated by this reference.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other
good and valuable consideration, the Parties hereby agree as follows:
ARTICLE I: DEFINITIONS
The terms as defined in this Article when written in bold text in this Contract shall have the
following designated meanings:
1. “Approved Activities” means the Project specific expectations set forth in the “Behavioral
Safety Project Detail Plan,” which is attached to and made a part of this Contract.
2. “Contract” means this written document, including all Attachments and Exhibits, evidencing
the legally binding terms and conditions of the agreement between the Parties.

FFY27-Federal Highway Safety Programs Master (Rev. 08.06.2026)

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OCC Contract No. 859-26
Project No. SP-4773-27
Bureau of Transportation Safety
3. “Contract Period” means the period of performance of this Project as indicated in the
“Behavioral Safety Project Detail Plan.” This Contract is effective for the Contract Period
unless otherwise mutually agreed to in writing by the Parties.
4. “Federal, state, and local laws” means all applicable statutes, rules, regulations, executive
orders, directives, and other laws, including all laws as presently in effect and as may be amended
or otherwise altered during the term of this Contract, and all such laws which may be enacted or
otherwise become effective during the term of this Contract. The term “federal, state, and local
laws” shall include the following:
a. Authorizations. Moving Ahead for Progress in the 21st Century (P.L. 112-141), Title IMotor Vehicle and Highway Safety Improvement Act of 2012, Section 31105; Title Fixing
America's Surface Transportation Act (FAST Act), Public Law 114-94, 23 U.S.C. § 402; Title
Fixing America's Surface Transportation Act (FAST Act), Public Law 114-94, 23 U.S.C. § 405;
applicable provisions of the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58;
and K.S.A. § 75-5023.
b. Policy Requirements. The following subparts of 2 C.F.R. policy requirements: Subpart B,
General provisions; Subpart C, Pre-Federal Award Requirements and Contents of Federal Awards;
Subpart D, Post Federal; Award Requirements; Subpart E, Cost Principles; Subpart F, Audit
Requirements. See also the “Behavioral Safety Project Detail Plan.”
c. Regulations, Guidelines, and Literature. 23 C.F.R. Chapter II, State and Community
Highway Safety Grant Program; Manual on Uniform Traffic Control Devices; Handbook of
Highway Safety Design and Operating Practice, available from Government Publishing Office,
Washington, DC 20402; 23 U.S.C. § 402 as amended by the Fixing America's Surface
Transportation Act (FAST Act), Pub. L. 114-94; and 23 U.S.C. § 405 as amended by the Fixing
America's Surface Transportation Act (FAST Act), Pub. L. 114-94; and applicable provisions of
the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58.
5. “KDOT” means the Kansas Department of Transportation, an agency of the State of Kansas,
with its principal place of business located at 700 SW Harrison Street, Topeka, KS, 66603-3745.
6. “NHTSA” means the National Highway Traffic Safety Administration, a federal agency of the
United States.
7. “Notice to Proceed” means a written notification from the Secretary that the Subrecipient is
authorized to proceed with performing the Approved Activities for the Project.
8. “Project” means the execution of defined countermeasure strategies targeted to increase traffic
safety and carried out in accordance with the state’s Triennial Highway Safety Plan.
9. “Secretary” means the Secretary of Transportation of the State of Kansas, and the Secretary’s
successors and assigns, and KDOT, individually and collectively. The Secretary may also be
referred to as Pass Through Entity “PTE” in this Contract.

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OCC Contract No. 859-26
Project No. SP-4773-27
Bureau of Transportation Safety
10. “Subrecipient” means Riley County, Kansas, with its place of business as indicated in the
“Behavioral Safety Project Detail Plan.” The Subrecipient may also be referred to as
“Participant” or “Lower-Tier Participant” in this Contract.
11. “Total Contract Funds” means the maximum dollar amount the Subrecipient may be
reimbursed by the Secretary during the Contract Period for the Subrecipient’s performance of
Project Approved Activities in accordance with this Contract. The Total Contract Funds is to
be determined annually before the end of the previous fiscal year and is indicated in the
“Behavioral Safety Project Detail Plan.”
ARTICLE II: FUNDING
1. Payment of Funds. The Secretary agrees to reimburse the Subrecipient for costs actually
incurred and paid by Subrecipient in the performance of Approved Activities under this
Contract in an amount not to exceed the Total Contract Funds and in accordance with Article
III, paragraph 2.
2. Adjustment of Funds. The amount of Total Contract Funds is subject to adjustment by the
Secretary if a change is made in the Approved Activities due to data driven problem
identification that affects this Contract or if this Contract is terminated prior to the expiration of
the Contract.
3. Costs Incurred; Expenditure of Funds. Project funds shall not be expended prior to the
Contract Period or following the earlier of the expiration or termination of this Contract. Costs
incurred shall only be as necessary and allowable to carry out the purposes and activities of the
Approved Activities and may not exceed the Total Contract Funds. Expenses charged against
the Total Contract Funds shall be incurred in accordance with the Prime Award, and the
authorizations, restrictions, and requirements contained in the notice of Prime Award and any
amendments thereto and other applicable laws, regulations, grant terms and conditions, and
policies.
4. Contingency. The payment of funds to the Subrecipient under the terms of this Contract shall
be contingent on the receipt of such funds by the Secretary from applicable state and federal
funding sources and shall be subject to Subrecipient’s continued eligibility to receive funds under
the applicable provisions of state and federal laws and the Notice of Prime Award. If the amount
of funds that the Secretary receives from state and federal funding sources is reduced, the
Secretary reserves the right to reduce the amount of funds awarded under, or to terminate, this
Contract. The Secretary also reserves the right to deny payment for the Subrecipient’s
expenditures where invoices and/or other reports are not submitted in accordance with this
Contract.
5. Indirect Cost Rate. The “Behavioral Safety Project Detail Plan” contains information on the
indirect cost rates, if any, for the Secretary and Subrecipient.
6. Unallowable Costs. Federal funds cannot be used to supplant the Subrecipient’s regular
operating expenditures.
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OCC Contract No. 859-26
Project No. SP-4773-27
Bureau of Transportation Safety
ARTICLE III: SECRETARY’S RESPONSIBILITIES
1. Authorization to Proceed. The Secretary will issue a written Notice to Proceed to the
Subrecipient regarding the approved date for the Subrecipient to begin work.
2. Grant Payment. The Secretary agrees to reimburse the Subrecipient in accordance with this
Contract only after receipt of proper billing from the Subrecipient.
3. Monitoring and Evaluation. The Secretary shall monitor, evaluate, and provide guidance and
direction to the Subrecipient in the conduct of performance under this Contract. The Secretary
has the responsibility to determine whether the Subrecipient has spent funds in accordance with
applicable laws, regulations, including the federal audit requirements and agreements and shall
monitor the activities of the Subrecipient to ensure that the Subrecipient has met such
requirements. The Secretary may require the Subrecipient to take corrective action if deficiencies
are found.
ARTICLE IV: SUBRECIPIENT’S RESPONSIBILITIES
In executing this Contract, the Subrecipient acknowledges and agrees to comply with the
following:
1. Scope of Services. The Subrecipient shall furnish the necessary personnel, facilities, and such
other professional services as may be required to perform the Approved Activities.
2. Authorization to Proceed. The Subrecipient may begin performance of the Approved
Activities upon receipt of the Secretary’s written Notice to Proceed.
3. Limitation on Incurred Expenditures. The Subrecipient shall not incur Project expenditures
prior to the start of the Contract Period for this Contract and receipt of the Notice to Proceed.
4. Reimbursement of Costs. This is a reimbursement grant for which, after submitting a
reimbursement claim to the Secretary, the Subrecipient may be reimbursed with Project funds
for its payment of any actual Project costs. Reimbursement of actual Project costs incurred by
the Subrecipient shall be made in accordance with this Contract.
5. Salary Expenditures. The Subrecipient shall not supplant any salary expenditure provided for
by the Subrecipient's current budget with any funds provided under this Contract.
6. Retention of Records. The Subrecipient shall maintain records relating to this Contract and
performance of the Approved Activities for a period of five (5) years from the end date of the
Contract Period. The Subrecipient shall make all records, books, papers, and other documents
that relate to this Contract available at all reasonable times for inspection, review, and audit by
the Secretary, the United States Department of Transportation, NHTSA, the U.S. Government
Accountability Office, the Office of Inspector General, the Comptroller General of the United
States, or each of their authorized representatives.

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OCC Contract No. 859-26
Project No. SP-4773-27
Bureau of Transportation Safety
7. Improper Payments. Any item of expenditure by the Subrecipient under the terms of this
Contract found by auditors, investigators, or other authorized representatives of the Secretary,
NHTSA, the U.S. Government Accountability Office, or the Comptroller General of the United
States to be improper, unallowable, in violation of federal or state law, the terms of the Prime
Award, or this Contract, or involving any fraudulent, deceptive, or misleading representations or
activities of the Subrecipient, shall become the Subrecipient’s liability, to be paid by the
Subrecipient from funds other than those provided by the Secretary under this Contract or any
other agreements between the Secretary and the Subrecipient. This provision shall survive the
expiration or termination of this Contract.
8. Closeout. Final payment request(s) under this Contract must be received by the Secretary
within thirty (30) days from the earlier of the expiration of the Contract Period or termination
date of this Contract. Untimely payment requests will not be accepted by the Secretary without
authorization from the Secretary. The Subrecipient’s acceptance of final payment from the
Secretary shall constitute an agreement by the Subrecipient to release and forever discharge the
Secretary, and the Secretary’s agents, employees, representatives, affiliates, successors and
assigns from any and all claims, demands, damages, liabilities, actions, causes of action, or suits
of any nature whatsoever, which the Subrecipient has at the time of acceptance of final payment
or may have thereafter, arising out of or in any way relating to any and all injuries and damages of
any kind as a result of or in any way relating to this Contract. The Subrecipient’s obligations to
the Secretary under this Contract shall not terminate until all closeout requirements are
completed to the satisfaction of the Secretary. Such requirements include submitting final reports
to the Secretary and providing any closeout-related information requested by the Secretary by
the deadlines specified by the Secretary. This provision shall survive the expiration or termination
of this Contract.
9. Prior Approval for Changes. The Subrecipient shall not transfer allocated funds among cost
categories within a budgeted program account or make any changes, directly or indirectly, in
program design or the Approved Activities without the prior written approval of the Secretary.
10. Cooperation in Monitoring and Evaluation. The Subrecipient shall permit the Secretary to
carry out monitoring and evaluation activities of any performance measurement system required
by applicable law, regulation, funding sources guidelines, or by the terms and conditions of the
Prime Award that include, but are not limited to, providing documentation necessary for record
keeping and auditing purposes. The Subrecipient shall ensure, to the greatest extent possible, the
cooperation of its agents, employees, and board members in such monitoring and evaluation
efforts. This provision shall survive the expiration or termination of this Contract.
11. Audit.
a. Audit Requirements for Federal Awards. The Subrecipient shall comply with the FederalAid Transportation Act and the requirements of 2 C.F.R. Part 200, “Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards” (commonly known
as the “Supercircular”). The Audit Standards set forth in 2 C.F.R. Part 200, “Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” and
specifically the requirements in Subpart F, 2 C.F.R. § 200.500 et seq., require either a single or
FFY27-Federal Highway Safety Programs Master (Rev. 08.06.2026)

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OCC Contract No. 859-26
Project No. SP-4773-27
Bureau of Transportation Safety
program specific audit be performed by an independent certified public accountant in accordance
with these standards. All information audited and audit standards and procedures shall comply
with 2 C.F.R. § 200.500 et seq.
b. Agency Audit. If the Audit Standards set forth in 2 C.F.R. Part 200 do not apply, the
Secretary and/or the NHTSA may request, in their sole discretion, to conduct an audit of the
Project. Upon the request of the Secretary and/or the NHTSA for an audit, the Subrecipient shall
participate and cooperate with any reviews or audits of the activities under this Contract; make
its records and books available to representatives of the requesting agency for a period of five (5)
years from the date of final payment under this Contract; and ensure to the extent possible the
cooperation of its agents, employees, and board members in any such reviews and audits. If an
audit reveals the Subrecipient has expended grant funds in any manner not authorized under this
Contract, the Subrecipient shall promptly reimburse the Secretary for such funds upon
notification by the Secretary.
12. Compliance with Prime Award and Subaward. The Subrecipient shall perform all activities
funded by this Contract in accordance with this Contract and cooperate fully with the Secretary
in efforts to comply with the requirements of the Prime Award, including any amendments thereto.
13. Licenses, Certifications, Permits, Accreditation. The Subrecipient shall procure and keep
current any license, certification, permit, or accreditation required by federal, state, or local law
and shall submit to the Secretary proof of any licensure, certification, permit, or accreditation
upon request.
14. Safety Belt Usage. The Subrecipient has and operates under, or within one year of this
Contract, shall have in place and operate under, a policy which requires its employees to comply
with the Kansas Safety Belt Use (K.S.A. § 8-2501, et seq.) and Child Passenger Safety (K.S.A. §
8-1343, et seq.) Acts when engaged in official travel by public or private vehicle. The
Subrecipient may request a model policy from the Secretary.
15. System for Award Management. The Subrecipient shall maintain current registrations in the
System for Award Management (http://www.sam.gov) at all times during which it has active
federal awards.
16. Certification Regarding Sexual Harassment. The Subrecipient shall comply with Executive
Order 18-04 (February 5, 2018), by signing the “Policy Regarding Sexual Harassment
Attachment,” which is attached to and made a part of this Contract.
17. Certifications and Assurances. The Subrecipient shall comply with the provisions found in
the most recent “Subrecipient Certifications and Assurances” that apply to subrecipients, which
is attached to and made a part of this Contract.
18. Federal Award Compliance Requirements. The Subrecipient shall comply with the applicable
provisions of 2 C.F.R. Part 200 listed on the “Federal Award Compliance Requirements
Attachment,” which is attached to and made a part of this Contract.

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OCC Contract No. 859-26
Project No. SP-4773-27
Bureau of Transportation Safety
19. Confidentiality; Protection of Personally Identifiable Information. The Subrecipient shall
maintain as confidential all information and records relating to this Contract and shall not disclose
or otherwise release the same unless authorized under the Kansas Open Records Act (K.S.A. § 45215, et seq.), the Freedom of Information Act (5 U.S.C. § 552), or a current and valid court order.
20. Prohibited Use of Certain Technologies. The Subrecipient shall comply with 2 C.F.R. §
200.216 and 2 C.F.R. § 200.471, which prohibit recipients and subrecipients of federal funds from
obligating or expending loan or grant funds, if any, to 1) procure or obtain; 2) extend or renew a
contract to procure or obtain, or; 3) or enter into a contract to procure or obtain telecommunication
or video surveillance equipment, services, or systems produced by: Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities); and Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua
Technology Company (or any subsidiary or affiliate of such entities). Any expenditures for such
telecommunication or video surveillance equipment, services or systems are unallowable costs and
will not be reimbursed.
21. Covenant Against Contingent Fees. The Subrecipient represents and warrants that no person
or entity has been employed or retained to solicit or secure this Contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee. In the event of a breach
or violation of this representation and warranty, the Secretary shall have the right to annul this
Contract without liability or, in its discretion, to offset against amounts it owes the Subrecipient
under this Contract or otherwise recover from the Subrecipient the full amount of such
commission, percentage, brokerage, or contingent fee, and to seek any other legal remedies
available to it as a result of such breach. The “Covenant Against Contingent Fees Attachment,”
is attached to and made a part of this Contract.
22. No Assignment. The Approved Activities to be performed under the terms of this Contract
shall be performed by the Subrecipient and shall not be assigned, sublet, or transferred to any
other party without the written consent of the Secretary.
23. Accounting. Upon the Secretary’s request, the Subrecipient shall provide the Secretary with
an accounting of all actual Project costs to enable the Secretary to report all costs of the Project
to the legislature.
24. Policies. The Subrecipient shall comply with KDOT Behavioral Safety policies related to
federally funded highway safety programs, which are available online at Behavioral Safety Grant
Program Policy Manual and Special Traffic Enforcement Program Policy Manual.
25. Reporting. Each request for reimbursement the Subrecipient submits to KDOT shall be
accompanied by an activity and/or performance report that details the Project activities conducted
during the timeframe covered by said reimbursement request.
ARTICLE V: GENERAL PROVISIONS
1. Acceptance. No contract provision or use of items by the Secretary shall constitute acceptance

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Bureau of Transportation Safety
or relieve the Subrecipient of liability in respect to any expressed or implied warranties.
2. Amendment. Any amendment to this Contract shall be in writing and signed by the Parties.
3. Binding Agreement. This Contract and all contracts entered into under the provisions of this
Contract shall be binding upon the Secretary and the Subrecipient and their successors in office.
4. Boycott of Israel. If the Total Contract Funds is an aggregate price of more than $100,000.00
and the Subrecipient is a “company,” the Subrecipient shall certify that it is in compliance with
K.S.A. § 75-3740e and K.S.A. § 75-3740f, by signing the “Certification of Company Not
Currently Engaged in a Boycott of Goods or Services from Israel” attachment, which is
attached to and made a part of this Contract. For purposes of this paragraph, “company” means
an organization, association, corporation, partnership, venture or other entity, its subsidiary or
affiliate, which exists for profitmaking purposes or to otherwise secure economic advantage;
“company” does not mean an individual.
5. Certification of Procurement. The Subrecipient shall comply with the requirements of the
“Certification of Company not Currently Engaged in the Procurement or Obtainment of
Certain Equipment, Services, or Systems” attachment, which is attached to and incorporated
into this Contract by this reference.
6. Civil Rights Act. The “Civil Rights Act Attachment” pertaining to the implementation of the
Civil Rights Act of 1964, is attached and made a part of this Contract.
7. Contract Summary. The “Behavioral Safety Project Detail Plan” is attached and made a part
of this Contract.
8. Contractual Provisions. The provisions found in the current version of the “Contractual
Provisions Attachment (Form DA-146a),” which is attached hereto, are hereby incorporated into
this Contract, and made a part thereof.
9. Correspondence. Any notice required or submitted under this Contract shall be deemed given
if personally delivered or mailed by registered or certified mail, return receipt requested and
postage prepaid, to the addresses of the Parties as specified in section 1 of the “Behavioral Safety
Project Detail Plan.”
10. Counterparts. This Contract may be executed in several counterparts, each of which shall be
an original and all of which shall constitute one and the same agreement.
11. Entire Agreement. This Contract, with all attached exhibits, expresses the entire agreement
between the Parties with respect to the Subrecipient’s participation in the Project. No
representations, promises, or warranties have been made by the Parties that are not fully expressed
or incorporated by reference in this Contract.
12. Headings. All headings in this Contract have been included for convenience of reference only
and are not to be deemed to control or affect the meaning or construction or the provisions herein.
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13. Independent Contractor Relationship. The relationship of the Subrecipient to the Secretary
is that of an independent contractor and not of an employee/employer. It is expressly understood
that any individual performing services under this Contract on behalf of the Subrecipient shall
not be deemed to be an employee or independent contractor of the Secretary, and such individual
shall not be entitled to tax withholding, workers’ compensation, unemployment compensation or
any employee benefits, statutory or otherwise, from the Secretary. The Subrecipient agrees that
it is solely responsible for the reporting and payment of income, social security, and other
employment taxes due to the proper taxing authorities with respect to such personnel. The
Subrecipient agrees to indemnify, defend and hold harmless the Secretary and its directors,
officers, employees, and agents from and against any and all costs, losses, damages, liabilities,
expenses, demands, and judgments, including court costs and attorney’s fees, relating to the
reporting and payment of income, social security, and other employment taxes and the provision
of employee benefits (including but not limited to workers’ compensation, unemployment
insurance, and health insurance coverage or assessable payments required under state or federal)
with respect to such individual performing services under this Contract on behalf of the
Subrecipient. This provision shall survive the expiration or termination of this Contract.
14. Integration. This Contract supersedes all oral agreements, negotiations, and representations
between the Parties pertaining to the subject matter of this Contract.
15. No Third-Party Beneficiaries. No third-party beneficiaries are intended to be created by this
Contract and nothing in this Contract authorizes third parties to maintain a suit for damages
pursuant to the terms or provisions of this Contract.
16. Nondiscrimination and Workplace Safety. The Subrecipient shall comply with all federal,
state, and local laws, and rules and regulations prohibiting discrimination in employment and
controlling workplace safety. Any violations of applicable laws, rules, or regulations may result in
termination of this Contract.
17. Restriction on State Lobbying. Funds provided by the Secretary under this Contract shall not
be given or received in exchange for the making of a campaign contribution. No part of the funds
provided through this Contract shall be used to influence or attempt to influence an officer or
employee of any State of Kansas agency or a member of the Legislature regarding any pending
legislation or the awarding, extension, continuation, renewal, amendment or modification of any
government contract, grant, loan, or cooperative agreement.
18. Retainage. In the event the Subrecipient is awarded $100,000.00 or more by the Secretary
under this Contract, the Subrecipient acknowledges and agrees the Secretary may retain up to
five percent (5%) of the Total Contract Funds by executing this Contract. Any such retainage
will be deducted from the first reimbursement voucher and returned to the Subrecipient upon
submission of all activity and financial supporting documentation at the end of the fiscal year.
19. Severability. If any provision of this Contract is determined by a court of competent
jurisdiction to be invalid or unenforceable to any extent, the remainder of this Contract shall not
be affected, and each provision of this Contract shall be enforced to the fullest extent permitted
by law.
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20. Technical Advice and Assistance; Limitations. Technical advice, assistance, or both, provided
by the Secretary under this Contract shall not be construed as an undertaking by the Secretary
of the duties of the Subrecipient or any other individual or entity, or the duties of any Consultant,
Contractor, licensed professional engineer, or inspector hired by the Subrecipient.
21. Termination by Either Party. Either Party may terminate this Contract upon thirty (30) days
written notice to the other party for any reason; provided, however, the Subrecipient shall not be
paid more than it would receive under the terms of this Contract for that portion of Approved
Activities rendered to the date of termination. In the event of termination of this Contract, the
Secretary will reimburse the Subrecipient for any reimbursable, non-cancellable expenses so
long as such expenses were previously approved by the Secretary.
22. Termination by the Secretary. If, in the judgment of the Secretary, sufficient funds are not
appropriated to continue the function performed in this Contract and for the payment of the
charges hereunder, the Secretary may terminate this Contract. The Secretary may also terminate
this Contract for purposes of convenience upon 30 days written notice to the Subrecipient. In
either event, the Secretary will participate in all costs approved by the Secretary incurred prior
to the termination of the Contract.
23. Waiver. A Party’s failure to exercise or delay in exercising any right, power, or privilege under
this Contract shall not operate as a waiver. Further, no single or partial exercise of any right,
power, or privilege shall preclude any other or further exercise thereof.
IN WITNESS WHEREOF the Parties have caused this Contract to be signed by their duly
authorized officers as of the start of the Contract Period.
SUBRECIPIENT
Riley County, Kansas

Kansas Department of Transportation
Secretary of Transportation

___________________________________
Signature of authorizing official

By:
Greg M. Schieber, P.E.
Deputy Secretary and
State Transportation Engineer

(Date)

Print Name
Print Title
Date

FFY27-Federal Highway Safety Programs Master (Rev. 08.06.2026)

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OCC Contract No. 859-26
Project No. SP-4773-27
Bureau of Transportation Safety
Index of Exhibits and Attachments
☒Behavioral Safety Project Detail Plan
☒Federal Award Compliance Requirements Attachment
☒Policy Regarding Sexual Harassment Attachment
☒Subrecipient Certifications and Assurances
☒Covenant Against Contingent Fees Attachment
☐Certification of Company Not Currently Engaged in a Boycott of Goods or Services from
Israel
☒Certification of Company not Currently Engaged in the Procurement or Obtainment of Certain
Equipment, Services, or Systems
☒Civil Rights Act Attachment
☒Contractual Provisions Attachment (Form DA – 146a)
☐Certification Regarding Federal Lobbying Attachment (if over $100,000)
☐Certification by Subrecipient Regarding Debarment and Suspension (if over $25,000)

FFY27-Federal Highway Safety Programs Master (Rev. 08.06.2026)

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OCC Contract No. 859-26
Project No. SP-4773-27

KDOT Behavioral Safety Project Detail Plan

SECTION 1: SUBRECIPIENT INFORMATION
Subrecipient Name
Project Title
Riley County
Riley County Police Department Impaired Driving
Enforcement
Unique Entity Identifier (UEI) UEI Expiration Date
Federal Employer ID (FEIN)
XWQNJG1FGPG5
10/28/2026
48-0802343
Mailing Address
City
State
Zip Code
1001 S. Seth Child Road
Manhattan
KS
66502
SECTION 2: FEDERAL AWARD
FAIN Number
Date of Award
Performance Start
Performance End
69A3752530000405DKSM
11/25/2024
10/1/2024
9/30/2028
Assistance Listing
Federal Awarding Agency
20.616 National Priority Safety Programs
NHTSA
Funding Source
Eligible Use Code(s)
405d Mid
M5AL – Impaired Driving
Pass-Through
Entity Name
KDOT

SECTION 3: PASS-THROUGH ENTITY
Awarding Official
Contact Information

Greg Schieber, P.E., Deputy Secretary and
KDOT Legal Contact:
State Transportation Engineer
KDOT#[email protected]
Indirect Cost Rate
KDOT Project Director
63.0%
Melissa Simpson, Program Consultant,
[email protected]
Contract Period
October 1, 2026 – September
30, 2027
Is Subaward R&D?
No
Signatory Authority Name
Kathryn Focke
Subrecipient Project
Director
Daniel Bortnick
Financial Contact Name
Jennifer Reifschneider
Legal Contact Name
Derrick L. Roberson

SECTION 4: OBLIGATED FUNDS
Total Contract Funds
Total Amount of Federal
Funds Obligated
$21,500.00
$43,500.00
Indirect Cost Rate

n/a

SECTION 5: CONTACT INFORMATION
Signatory Authority Title
Signatory Authority Email
Chair of Riley County Law
n/a
Enforcement Agency
Subrecipient Phone Number Subrecipient Email
n/a
Financial Contact Title
Finance Manager
Legal Contact Phone
Number
785-537-1345

[email protected]
Financial Contact Email
[email protected]
Legal Contact Email
[email protected]

SECTION 6: PROBLEM IDENTIFICATION
Riley County has had 177 serious injuries and fatalities resulting from traffic crashes from 2020 to
2025.

(Rev. 05.19.2026)

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KDOT Behavioral Safety Project Detail Plan

OCC Contract No. 859-26
Project No. SP-4773-27

• Impaired driving is involved in 15% of serious injuries and fatalities.
*Data analysis based on crashes reported to KDOT for 2020-2025 in the identified county. 2025 crash
data is preliminary
SECTION 7: COUNTERMEASURE STRATEGY
Impaired Driving Enforcement
SECTION 8: PROJECT DESCRIPTION
The Special Traffic Enforcement Program (STEP) is designed for local law enforcement agencies to
participate in designated traffic safety mobilizations to improve driver behavior and decrease crashes,
fatalities and serious injuries. High visibility enforcement is used by agencies to address their
communities’ most significant traffic safety issues. Enforcement is supported by community education
and publicity to deliver effective safety countermeasures in Kansas communities. The mobilizations
selected as focus areas by the agency are detailed in Section 11 and correspond to the local problem
identification provided in Section 6.
STEP grant funding will directly address resource gaps by providing the dedicated overtime hours
necessary to execute targeted enforcement initiatives. To address impaired driving and underage
drinking near Kansas State University and Fort Riley, officers will deploy to entertainment districts and
student residential areas for dedicated DUI patrols and roving minor in possession details.
Non-enforcement overtime hours will be used to support dispatcher overtime for coordinated saturation
patrols with multiple officers on duty, including during peak traffic hours and weekend bar closing
times. The agency may purchase PBTs and foldable cones to support impaired driving enforcement and
saturation patrols.
SECTION 9: OBJECTIVES & OUTCOMES
Enforcement:
• Agency to achieve 2 contacts per hour of overtime enforcement worked
Expense Type
Personnel
Equipment
Commodities
Contractual
Travel
Indirect Cost Rate
Total

SECTION 10: PROJECT BUDGET
Description
Overtime hours for traffic safety enforcement
Non-enforcement overtime hours for dispatch support of
DUI saturation patrol efforts
Approved purchases not to exceed budget line item for
PBTs and foldable cones
n/a
n/a
n/a
n/a

Amount
$10,000.00
$3,000.00
$8,500.00
$0.00
$0.00
$0.00
$0.00
$21,500.00

SECTION 11: STEP PROGRAM DETAILS

Subrecipients participating in STEP shall average a minimum of two (2) contacts per hour of reimbursed STEP enforcement.
The “Subrecipient” agrees to participate in the following STEP campaigns:
☐ October 8-19
☐ October 20-31
☐ November 9-19
☐ November 20-30
Speeding
Distracted/OP
Move Over
Seat Belts/Impaired
☒ December 18-January 4
☐ February 8-19
☐ March 12-18
☐ March 19-31
Impaired
School Zone/Impaired
Impaired
Speeding

(Rev. 05.19.2026)

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KDOT Behavioral Safety Project Detail Plan
☐ April 1-15
Distracted
☐ May 21-June 4
Seat Belts
☐ September 8-17
School Zone/Bus

(Rev. 05.19.2026)

☐ April 16-21
Impaired
☐ June 25-July 5
Impaired
☐ Local Special Event:

☐ April 22-30
Move Over
☐ July 9-26
Speeding

OCC Contract No. 859-26
Project No. SP-4773-27
☐ April & May Weekends
Underage Drinking
☒ August 25-September 7
Impaired

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OCC Contract No. 859-26
Project No. SP-4773-27
Bureau of Transportation Safety
FEDERAL AWARD COMPLIANCE REQUIREMENTS ATTACHMENT
The following provisions of 2 C.F.R. Part 200 shall apply to this Contract:
1. Subpart A – Acronyms and Definitions (2 C.F.R. § 200.0, et seq.).
2. Subpart B – General Provisions (2 C.F.R. § 200.100, et seq.).
3. Subpart C – Pre-Federal Award Requirements and Contents of Federal Awards (2 C.F.R.
§ 200, et seq.).
4. Subpart D – Post Federal Award Requirements (2 C.F.R. § 300, et seq.).
5. Subpart E – Cost Principles (2 C.F.R. § 200.400, et seq.).
6. Subpart F – Audit Requirements.

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OCC Contract No. 859-26
Project No. SP-4773-27
Bureau of Transportation Safety
SUBRECIPIENT CERTIFICATIONS AND ASSURANCES1
23 U.S.C. CHAPTER 4 PASS-THROUGH FUNDING
FFY 2027
The provisions contained in this Subrecipient Certifications and Assurances attachment are
required by 23 C.F.R. Part 1300, Appendix A and are applicable to subrecipients. The Subrecipient
shall comply with these provisions.
NONDISCRIMINATION
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and
implementing regulations relating to nondiscrimination (“Federal Nondiscrimination
Authorities”). These include but are not limited to:
•
•
•
•
•
•
•
•

•

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally–Assisted Programs of the
Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
Federal–Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. 1681–1683 and 1685–1686) (prohibit
discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits
discrimination on the basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100–209), (broadens scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal aid recipients,
subrecipients and contractors, whether such programs or activities are Federally-funded or
not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131–12189) (prohibits
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing) and 49 CFR parts
37 and 38.

The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and
“Regulations,” respectively.
1

See 23 C.F.R. Pt. 1300, App. A.

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Bureau of Transportation Safety
POLITICAL ACTIVITY (HATCH ACT)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501–1508), which limits the
political activities of employees whose principal employment activities are funded in whole or in
part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts
under grant, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct and
indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State
official whose salary is supported with NHTSA funds from engaging in direct communications
with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending
legislative proposal.
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CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing
the certification set out below and agrees to comply with the requirements of 2 CFR parts 180
and 1200.
2. The inability of a person to provide the certification required below will not necessarily result
in denial of participation in this covered transaction. The prospective primary tier participant
shall submit an explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with the department or agency's
determination whether to enter into this transaction. However, failure of the prospective
primary tier participant to furnish a certification or an explanation shall disqualify such person
from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was
placed when the department or agency determined to enter into this transaction. If it is later
determined that the prospective primary tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department
or agency may terminate this transaction for cause or default or may pursue suspension or
debarment.
4. The prospective primary tier participant shall provide immediate written notice to the
department or agency to which this proposal is submitted if at any time the prospective primary
tier participant learns its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts
180 and 1200. You may contact the department or agency to which this proposal is being
submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency entering into this
transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will
include the clause titled “Instructions for Lower Tier Participant Certification” including the
“Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—
Lower Tier Covered Transaction,” provided by the department or agency entering into this
covered transaction, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions and will require lower tier participants to
comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9,
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate
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in covered transactions. To verify the eligibility of its principals, as well as the eligibility of
any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who
is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency may terminate the transaction
for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters—
Primary Tier Covered Transactions
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it
and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department
or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in
this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1200.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension or debarment.
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3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts
180 and 1200. You may contact the person to whom this proposal is submitted for assistance
in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction
originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled “Instructions for Lower Tier Participant Certification” including the
“Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—
Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions
and in all solicitations for lower tier covered transactions and will require lower tier
participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9,
subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate
in covered transactions. To verify the eligibility of its principals, as well as the eligibility of
any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who
is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—
Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participating in covered transactions by any Federal department
or agency.
Page 5 of 7
Page 42 of 53

OCC Contract No. 859-26
Project No. SP-4773-27
Bureau of Transportation Safety
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313)
when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to
purchase with Federal funds only steel, iron and manufactured products produced in the United
States, unless the Secretary of Transportation determines that such domestically produced items
would be inconsistent with the public interest, that such materials are not reasonably available and
of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall
project contract by more than 25 percent. In order to use Federal funds to purchase foreign
produced items, the State must submit a waiver request that provides an adequate basis and
justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
General Requirements
No employee, officer or agent of a State or its subrecipient who is authorized in an official capacity
to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or
approving any subaward, including contracts or subcontracts, in connection with this grant shall
have, directly or indirectly, any financial or personal interest in any such subaward. Such a
financial or personal interest would arise when the employee, officer, or agent, any member of his
or her immediate family, his or her partner, or an organization which employs or is about to employ
any of the parties indicated herein, has a financial or personal interest in or a tangible personal
benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary
actions to be applied for violations of such standards by officers, employees, or agents.
a. The code or standards shall provide that the recipient's officers, employees, or agents may
neither solicit nor accept gratuities, favors, or anything of monetary value from present or
potential subawardees, including contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions or other disciplinary actions for
violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or
standards of conduct.
Disclosure Requirements
No State or its subrecipient, including its officers, employees or agents, shall perform or continue
to perform under a grant or cooperative agreement, whose objectivity may be impaired because of
any related past, present, or currently planned interest, financial or otherwise, in organizations
regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA
activities. Based on this policy:

Page 6 of 7
Page 43 of 53

OCC Contract No. 859-26
Project No. SP-4773-27
Bureau of Transportation Safety
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible,
making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a
description of the action which the recipient has taken or proposes to take to avoid or mitigate
such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the
recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b)
determine that it is otherwise in the best interest of NHTSA to continue the award and include
appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present or currently planned
organizational, financial, contractual or other interest(s) with an organization regulated by
NHTSA or with an organization whose interests may be substantially affected by NHTSA
activities, and which are related to this award. The interest(s) that require disclosure include
those of any recipient, affiliate, proposed consultant, proposed subcontractor and key personnel
of any of the above. Past interest shall be limited to within one year of the date of award. Key
personnel shall include any person owning more than a 20 percent interest in a recipient, and
the officers, employees or agents of a recipient who are responsible for making a decision or
taking an action under an award where the decision or action can have an economic or other
impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.

Page 7 of 7
Page 44 of 53

COVENANT AGAINST CONTINGENT FEES ATTACHMENT
I hereby certify that I am _________________________________________ and duly authorized representative of
___________________________________ (CONTRACTOR) and that neither I nor the above agency I here represent has:
(a) employed or retained for the payment of a commission, percentage, brokerage, contingent fee, or other
consideration, any person (other than a bona fide employee working solely for me or the CONTRACTOR) to
solicit or secure this Agreement,
(b) agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the services of any
firm or person in connection with carrying out the agreement, or
(c) paid, or agreed to pay, to any firm, organization of persons (other than a bona fide employee working solely for
me or the CONTRACTOR) any fee, contribution, donation, or consideration of any kind, for, or in connection
with, procuring or carrying out the Agreement;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Secretary of Transportation of the State of Kansas in connection
with this Agreement and is subject to applicable State and Federal laws, both criminal and civil.

(Date)

Name:___________________________________
Title: _______________________________________

Page 45 of 53

CERTIFICATION OF COMPANY NOT CURRENTLY ENGAGED IN
THE PROCUREMENT OR OBTAINMENT OF CERTAIN EQUIPMENT, SERVICES, OR SYSTEMS

WHEREAS, pursuant to Public Law 115-232, Section 889 of the John S. McCain National Defense
Authorization Act of 2019, “covered telecommunications equipment or services” is defined as:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(2) Video surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, and Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(3) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country.
WHEREAS, a “covered foreign country” means any of the following: (1) The People’s Republic of China,
(2) The Russian Federation, or (3) any country that is a state sponsor of terrorism 1.
WHEREAS, foreign adversaries are increasingly creating and exploiting vulnerabilities in covered
telecommunications equipment which store and communicate vast amounts of sensitive information and
support infrastructure and emergency services, in order to commit malicious cyber-enabled actions;
WHEREAS, the unrestricted acquisition or use in the State of Kansas of covered telecommunications
equipment designed, developed, manufactured, or supplied by persons owned by, controlled by, or
subject to the jurisdiction or direction of foreign adversaries augments the ability of foreign adversaries
to create and exploit vulnerabilities in technological equipment, services, or systems; and
WHEREAS, the State of Kansas has an interest in protecting itself against threats related to foreign
adversary’s exploitation of vulnerabilities in covered telecommunications equipment.
THEREFORE, Contractor certifies that it shall not provide or procure to the State of Kansas or any agency
thereof any covered telecommunications equipment either in whole or in part of any product or during
the commission of any service.
FURTHERMORE, and notwithstanding any other contracts or agreements with Contractor, if Contractor
has violated, misrepresented, or otherwise fails to comply with this certification document as determined
by the State, the State may terminate any contract without penalty with Contractor immediately.

Designations of a “state sponsor of terrorism” may be found at the U.S. Department of State website.
https://www.state.gov/state-sponsors-ofterrorism/#:~:text=Currently%20there%20are%20four%20countries,)%2C%20Iran%2C%20and%20Syria.&text=For
%20more%20details%20about%20State,in%20Country%20Reports%20on%20Terrorism.
1

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By signing the below, Contractor acknowledges and agrees to comply with the provisions of this policy.

CONTRACTOR

Signature, Title

Date

Page 47 of 53

Civil Rights Act Attachment
Page 1 of 2

KANSAS DEPARTMENT OF TRANSPORTATION
CIVIL RIGHTS ACT ATTACHMENT
PREAMBLE
The Secretary of Transportation for the State of Kansas, in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (78 Stat. 252, 42 U.S.C. § 2000d to 2000d-4) and other nondiscrimination requirements and the Regulations, hereby
notifies all contracting parties that it will affirmatively ensure that this contract will be implemented without discrimination
on the grounds of race, color, national origin, sex, age, disability, income-level or Limited English Proficiency (LEP).
CLARIFICATION
The term “Contractor” is understood to include the Contractor, the Contractor’s assignees and successors in interest,
consultants, and all other parties to contracts or agreements with the Secretary of Transportation, Kansas Department of
Transportation. This Attachment shall govern should this Attachment conflict with provisions of the Document to which it is
attached.
ASSURANCE APPENDIX A
During the performance of this contract, the Contractor, for itself, its assignees and successors in interest, agrees as follows:
1. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to
nondiscrimination in its Federally-assisted programs of the U.S. Department of Transportation, the Federal
Highway Administration (FHWA), the Federal Transit Administration (FTA) or the Federal Aviation
Administration (FAA) as they may be amended from time to time which are herein incorporated by reference
and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when
the contract covers any activity, project or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontractors, Including Procurements of Material and Equipment: In all solicitations,
either by competitive bidding or negotiation made by the Contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor will be
notified by the Contractor of the Contractor’s obligations under this contract and the Acts and the Regulations
relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the FHWA, FTA, or FAA to
be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information
required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information,
the Contractor will so certify to the Recipient or, the FHWA, FTA, or FAA as appropriate, and shall set forth
what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA, FTA, or FAA
may determine to be appropriate, including, but not limited to:
a. withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. cancelling, terminating or suspending a contract, in whole or in part.

KDOT OCC/OCR Rev. 04.25.2025

Page 48 of 53

Civil Rights Act Attachment
Page 2 of 2
6. Incorporation of Provisions: The Contractor will include the provisions of the paragraphs one (1) through six
(6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any
subcontract or procurement as the Recipient or the FHWA, FTA, or FAA may direct as a means of enforcing
such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or
is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request
the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor may
request the United States to enter into the litigation to protect the interests of the United States.
ASSURANCE APPENDIX E
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply
with the following nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the
basis of race, color, national origin); and 49 CFR Part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federalaid programs and projects);
• The Federal Aid Highway Act of 1973 (23 U.S.C. § 324 et. seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et. seq.) as amended, (prohibits discrimination on
the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et. seq.), prohibits discrimination on the basis
of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL No. 100-259), (Broadened the scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation
Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or
activities of the Federal-aid recipients, sub-recipients and Contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, (prohibit discrimination on the basis of disability in the
operation of public entities, public and private transportation systems, places of public accommodation, and certain
testing entities), (42 U.S.C. §§12131-12189as implemented by Department of Transportation regulations at 49
C.F.R. parts 37 and 38);
• The Federal Aviation Administration’s nondiscrimination statute (49 U.S.C. § 47123), (prohibits discrimination on
the basis of race, color, national origin, and sex);
• Title IX of the Education Amendments of 1972, as amended (prohibits you from discriminating because of sex in
education programs or activities), (20 U.S.C. § 1681).

KDOT OCC/OCR Rev. 04.25.2025

Page 49 of 53

State of Kansas
Department of Administration DA-146a
(Rev. 05-25)
CONTRACTUAL PROVISIONS ATTACHMENT
Important: This form contains mandatory contract provisions and must be attached to or incorporated
in all copies of any contractual agreement. If it is attached to the non-State Agency
Contracting Party’s standard contract form, that form must be altered to contain the
following provision:
The provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 0525), which is attached hereto, are hereby incorporated in this Contract and made a
part thereof.
The 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 the
_____ day of ____________________, 20
.
1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every
provision in this attachment shall prevail and control over the terms of any other conflicting
provision in any other document relating to and a part of the Contract in which this attachment is
incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are
nullified.
2. Kansas Law and Venue: This Contract shall be subject to, governed by, and construed according
to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with
this Contract shall reside only in courts located in the State of Kansas.
3. Termination Due to Lack of Funding Appropriation or Funding Source: If, in the judgment of
the Director of Accounts and Reports, Department of Administration, sufficient funds are not
appropriated or no longer exist to continue the function performed in this Contract and for the
payment of the charges hereunder due to the loss of the funding source, the Contracting State
Agency may terminate this Contract immediately or at the end of its current fiscal year. The
Contracting State Agency agrees to give written notice of termination to the non-State Agency
Contracting Party at least thirty (30) days prior to the end of its current fiscal year and shall give
such notice for a greater period prior to the end of such fiscal year as may be provided in this
Contract, except that such notice shall not be required prior to ninety (90) days before the end of
such fiscal year. The non-State Agency Contracting Party shall have the right, at the end of such
fiscal year, to take possession of any equipment provided to the Contracting State Agency under
the contract. The Contracting State Agency will pay to the non-State Agency Contracting Party all
regular contractual payments incurred prior to the period of notification or through the end of the
fiscal year as determined by period of notification given by the Contracting State Agency, plus
contractual charges incidental to the return of any such equipment. Upon termination of the
Contract by the Contracting State Agency, title to any such equipment shall revert to the non-State
Agency Contracting Party at the end of the Contracting State Agency’s current fiscal year. The
termination of the Contract pursuant to this paragraph shall not cause any penalty to be charged
to the Parties.
4. Disclaimer of Liability: No provision of this contract will be given effect that attempts to require
the Contracting State Agency to defend, hold harmless, or indemnify any non-State Agency
Contracting Party or third party for any acts or omissions. The liability of the Contracting State
Agency is defined under the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.).
Page 1 of 3

Page 50 of 53

5. Anti-Discrimination Clause: The non-State Agency Contracting Party agrees: (a) to comply with
the Kansas Act Against Discrimination (K.S.A. 44-1001, et seq.) and the Kansas Age
Discrimination in Employment Act (K.S.A. 44-1111, et seq.) and the applicable provisions of the
Americans With Disabilities Act (42 U.S.C. 12101, et seq.) (ADA), and Kansas Executive Order
No. 19-02, and to not discriminate against any person because of race, color, gender, sexual
orientation, gender identity or expression, religion, national origin, ancestry, age, military or veteran
status, disability status, marital or family status, genetic information, or political affiliation that is
unrelated to the person’s ability to reasonably perform the duties of a particular job or position; (b)
to include in all solicitations or advertisements for employees, the phrase "equal opportunity
employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 441116; (d) to include those provisions in every subcontract or purchase order so that they are
binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting
requirements of (c) above or if the non-State Agency Contracting Party is found guilty of any
violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a
breach of contract and the Contract may be cancelled, terminated or suspended, in whole or in
part, by the Contracting State Agency or the Kansas Department of Administration; (f) the nonState Agency Contracting Party agrees to comply with all applicable state and federal antidiscrimination laws and regulations; (g) the non-State Agency Contracting Party agrees all hiring
must be on the basis of individual merit and qualifications, and discrimination or harassment of
persons for the reasons stated above is prohibited; and (h) if is determined that the non-State
Agency Contracting Party has violated the provisions of any portion of this paragraph, such
violation shall constitute a breach of contract and the Contract may be canceled, terminated, or
suspended, in whole or in part, by the Contracting State Agency or the Kansas Department of
Administration.
6. Acceptance of Contract: This Contract shall not be considered accepted, approved, or otherwise
effective until the statutorily required approvals and certifications have been given.
7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no
interpretation of this Contract shall find that the Contracting State Agency has agreed to binding
arbitration, or the payment of damages or penalties. Further, the Contracting State Agency does
not agree to pay attorney fees, costs, or late payment charges beyond those available under the
Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts
to exclude, modify, disclaim or otherwise attempt to limit any damages available to the Contracting
State Agency at law, including but not limited to the implied warranties of merchantability and
fitness for a particular purpose.
8. Representative's Authority to Contract: By signing this contract, the representative of the nonState Agency Contracting Party thereby represents that such person is duly authorized by the nonState Agency Contracting Party to execute this Contract on behalf of the non-State Agency
Contracting Party and that the non-State Agency Contracting Party agrees to be bound by the
provisions thereof.
9. Responsibility for Taxes: The Contracting State Agency shall not be responsible for, nor indemnify
a contractor for, any federal, state, or local taxes which may be imposed or levied upon the subject
matter of this Contract.
10. Insurance: The Contracting State Agency shall not be required to purchase any insurance against
loss or damage to property or any other subject matter relating to this Contract, nor shall this
Contract require them to establish a "self-insurance" fund to protect against any such loss or
damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.), the
non-State Agency Contracting Party shall bear the risk of any loss or damage to any property in
which the non-State Agency Contracting Party holds title.
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Page 51 of 53

11. Information: No provision of this Contract shall be construed as limiting the Legislative Division
of Post Audit from having access to information pursuant to K.S.A. 46 -1101, et seq.
12. The Eleventh Amendment: The Eleventh Amendment is an inherent and incumbent protection
with the State of Kansas and need not be reserved, but prudence requires the Contracting State
Agency to reiterate that nothing related to this Contract shall be deemed a waiver of the Eleventh
Amendment.
13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall
not be given or received in exchange for the making of a campaign contribution. No part of the
funds provided through this Contract shall be used to influence or attempt to influence an officer
or employee of any State of Kansas agency or a member of the Legislature regarding any
pending legislation or the awarding, extension, continuation, renewal, amendment or modification
of any government contract, grant, loan, or cooperative agreement.
14. Restricted Funding Source: The non-State Agency Contracting Party acknowledges and
understands the Contracting State Agency’s share of the Contract’s total, actual, and eligible costs
may be funded through the receipt of or reimbursement through federal funds. The Contracting
State Agency does not assume any liability in connection with the Contract’s total, actual, and
eligible costs which may be paid through the receipt of or reimbursement through federal funds.
The non-State Agency Contracting Party shall reimburse the Contracting State Agency for any
funds approved for this Contract and expended by the Contracting State Agency for which the
Contracting State Agency is not reimbursed by the Federal Government or for which such funds
are determined by the Federal Government to no longer be available to be used by the Contracting
State Agency for said Contract.

Page 3 of 3

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INTERGOVERNMENTAL LUNCHEON
Monday, October 26, 2026
12:00-1:00 p.m.
Rockin K’s
1880 Event Space
1880 Kimball Avenue
Manhattan, KS

AF
T

AGENDA
I.

Gather and luncheon (11:30 a.m. – 12:00 p.m.)

II.

Convene and Introductions

III.

Agenda Topics

R

A. Kansas State University’s College of Agriculture Update – Dan Moser, Eldon
Gideon Dean of the College of Agriculture
Legislative Items of Interest

V.

Miscellaneous Discussion Items and Announcements

VI.
VII.

D

IV.

Discussion about Potential Agenda Topics for Next Meeting
Next Meeting Date: Monday, November 23, 2026

VIII.

Adjournment

For those who have RSVP’d for lunch, food will be served starting at 11:30 a.m.
Payments will be collected on site by Rockin K’s.

In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate
in this meeting, or those requiring language assistance (free of charge) should contact the City of Manhattan ADA
Coordinator, Montana Cress, no later than 48 hours prior to the meeting, at 785-587-2445 or 7-1-1 (relay).

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